Vinod Kothari & Company

Informal Guidance under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

SEBI - SEBI on 14th November, 2018 issued an informal guidance under SEBI (Substantial Acquisition of Shares and Takeover) Regulation, 2011, which gives clarity on Off-Market Transaction....

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No more Laxity in reporting of Charges- Recent Amendments

SEBI - Probable effects of the Companies (Amendment) Ordinance, 2018 related to Register of Charges, Registration of Charges Creation, Modification etc....

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Variable Capital Company: Singapore proposes a new way of making investments. Can India replicate this model?

SEBI - Variable Capital Company is a corporate structure that is tailored for collective investment schemes. In Singapore, the most commonly used investment fund structures are unit trusts (constituted by way of trust deeds) and investment companies....

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Board interlock restrictions shall apply to existing IDs too

SEBI - Sundaram Finance (applicant company) on 28th August, 2018 requested SEBI to issue informal guidance for getting clarity/better understanding of the wording use in new Regulation 17 (1A) and Regulation 25 (1) both of which use the word 'continue' which is absent in Reg.16(1)(b)(viii)....

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TCS On E-Commerce Operators

SEBI - Under the GST Regime, on and from October 1, 2018, all e-commerce operators, except agents, shall be liable to deduct tax at source at the rate of 1% i.e. 0.5% CGST + 0.5% SGST, of the net value of intra-State taxable supplies made through it by other suppliers....

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Priority of Tax Dues In Liquidation?

Leo Edibles & Fats Limited vs TRO (Andhra Pradesh High Court) - The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code). ...

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Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi) - NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being...

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Liability of Directors for Events Taken Place Before Appointment- SAT Ruling

Mr. Nimain Charan Biswal (Securities And Exchange Board Of India) - In one of the recent rulings of the SAT, Mumbai, the interim order passed by SEBI in the matter of Neesa Technologies Limited(Company) has been quashed qua one of the directors i.e. Mr. Nimain Charan Biswal who had joined and resigned from the directorship of the Company before the issuance of Non-c...

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SEBI considers amending SEBI (ICDR) Regulations to align with FEMA Regulations

RBI/2014-15/123 A.P.(DIR Series) Circular No. 3 - (21/01/2015) - Securities and Exchange Board of India (hereinafter known as SEBI) in its Board Meeting held on 21st January, 2015 has approved proposal to carry out some amendments in SEBI (ICDR) Regulations, 2009 ( Regulations, 2009) with FEMA Act so as to harmonize the norms on receipt of upfront payment and ten...

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Recent Posts in "Vinod Kothari & Company"

Informal Guidance under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

SEBI on 14th November, 2018 issued an informal guidance under SEBI (Substantial Acquisition of Shares and Takeover) Regulation, 2011, which gives clarity on Off-Market Transaction....

Read More
Posted Under: SEBI |

No more Laxity in reporting of Charges- Recent Amendments

Probable effects of the Companies (Amendment) Ordinance, 2018 related to Register of Charges, Registration of Charges Creation, Modification etc....

Read More
Posted Under: SEBI |

Variable Capital Company: Singapore proposes a new way of making investments. Can India replicate this model?

Variable Capital Company: Singapore proposes a new way of making investments

Variable Capital Company is a corporate structure that is tailored for collective investment schemes. In Singapore, the most commonly used investment fund structures are unit trusts (constituted by way of trust deeds) and investment companies....

Read More
Posted Under: SEBI |

Board interlock restrictions shall apply to existing IDs too

Sundaram Finance (applicant company) on 28th August, 2018 requested SEBI to issue informal guidance for getting clarity/better understanding of the wording use in new Regulation 17 (1A) and Regulation 25 (1) both of which use the word 'continue' which is absent in Reg.16(1)(b)(viii)....

Read More
Posted Under: SEBI |

Priority of Tax Dues In Liquidation?

Leo Edibles & Fats Limited vs TRO (Andhra Pradesh High Court)

The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code). ...

Read More

TCS On E-Commerce Operators

Under the GST Regime, on and from October 1, 2018, all e-commerce operators, except agents, shall be liable to deduct tax at source at the rate of 1% i.e. 0.5% CGST + 0.5% SGST, of the net value of intra-State taxable supplies made through it by other suppliers....

Read More
Posted Under: SEBI |

Who Can File an Affidavit ? Beware before you swear!

People file affidavits being unaware of what its repercussions might be and also unaware of the fact whether they are at all competent to make the affidavit. Before analysing who can file an affidvit, it is important to understand the duty bestowed upon a person providing affidavit. Even before that let us first understand what an affidav...

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Posted Under: SEBI |

SEBI amends Buyback Regulations: Aligning and re-framing requirements with other laws

Buyback period’ means the period between the date of board of directors resolution or date of declaration of results of the postal ballot for special resolution, as the case may be, to authorize buyback of shares of the company and the date on which the payment of consideration to shareholders who have accepted the buyback offer is made...

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Posted Under: SEBI |

Revised guidelines for companies to facilitate claimant’s refund by IEPF Authority

MCA Vide its Notification No. 07/05/2017-IEPFA, dated July 19, 2018 has revised and updated the guidelines for the company to facilitate refund of claims by IEPF Authority in light of resubmission option provided in e-form IEPF-5....

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Posted Under: SEBI |

Hybrid Financing: An aid or an impediment

Nothing is available for free, even the air we inhale necessitates exhalation. Similarly, a startup requires funding in order to uplift itself from the nascent stage to a mature one. As an aid to the upliftment process, the Government of India has put forward an overture for hybrid instruments deviating itself from the traditional way of ...

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Posted Under: SEBI |

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