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Circulars

Annual general meeting – participation by shareholders or directors in meetings through electronic mode – Amendment in Circular No. 35/2011, dated 6-6-2011

December 27, 2011 907 Views 0 comment Print

it has been decided that the mandatory requirement for holding shareholders meetings through video conferencing shall continue to be optional for listed companies for the subsequent years too. For e-voting in general meetings, any agency providing electronic platform for e-voting is required to obtain certificate from Standardization Testing and Quality Certification (STQC) Directorate, Department of Information Technology, Ministry of Communication and IT, Government of India, New Delhi.

Public issue of Debt Securities – SEBI Prohibition on payment of incentives

December 26, 2011 898 Views 0 comment Print

It is gathered from market participants that in public issues of debt securities, some brokers/distributors are passing on part of their brokerage/commission to the final investor(s) for subscription to such public issue of debt. As a result, while on one hand it is giving an unfair advantage/bargaining power to a certain set of investors and distributors, on the other hand it is adding to the cost of issuance for the company.

Revised Capital Adequacy Framework for Off-Balance Sheet Items for NBFCs

December 26, 2011 741 Views 0 comment Print

In the normal course of their business, NBFCs are exposed to credit and market risks in view of the asset-liability transformation. With liberalisation in Indian financial markets over the last few years and growing integration of domestic markets with external markets and greater use of derivatives products, asset liability management for NBFCs have become complex and large, requiring strategic management. Off balance sheet exposures of NBFCs have increased with the increased participation in the designated currency options and futures and interest rate futures as clients for the purpose of hedging their underlying exposures. It is therefore necessary that NBFCs move over to modern techniques of risk measurement to strengthen their capital framework.

Credit Default Swaps – NBFCs as Users

December 26, 2011 867 Views 0 comment Print

Please refer to the Guidelines on Credit Default Swaps for Corporate Bonds issued vide Circular No. IDMD.PCD.No.5053/ 14.03.04/2010-11 dated May 23, 2011 in terms of which broad guidelines including the eligible participants and other requirements were outlined. It was also indicated that market participants will have to follow the capital adequacy guidelines for credit default swaps (CDS) issued by their respective regulators.

Guidelines in pursuance of the SEBI KYC Registration Agency (KRA) Regulations, 2011 and for In-Person Verification (IPV)

December 23, 2011 2216 Views 0 comment Print

After doing the initial KYC of the new clients, the intermediary shall forthwith upload the KYC information on the system of the KRA and send the KYC documents i.e. KYC application form and supporting documents of the clients to the KRA within 10 working days from the date of execution of documents by the client and maintain the proof of dispatch. CIRCULAR No. MIRSD/Cir- 26 /2011 , Dated- December 23, 2011

KYC Norms/AML Standards/CFT – Obligation of Authorised Persons under PMLA, 2002

December 22, 2011 762 Views 0 comment Print

In view of the problems faced by the money changers while obtaining documents towards address proof from foreign tourists, it has been decided to amend certain instructions contained in the aforementioned Part. The amended instructions are given in the Annex. All the other instructions contained in the A.P. (DIR Series) Circular No. 17 [A.P. (FL/RL Series) Circular No. 04] dated November 27, 2009 shall remain unchanged. Authorised Persons may bring the contents of this circular to the notice of their constituents concerned.

Regarding Online transmission of DES (Advance Authorization and DFIA ) and EPCG at Krishnapatnam Port (INKRI1) w.e.f. 23.12.2011

December 22, 2011 492 Views 0 comment Print

As and when Customs (CBEC) have conveyed their readiness to implement on-line message exchange between Customs and DGFT, Policy Circulars have been issued from time to time by DGFT indicating the names and Port Codes of such Customs Ports where EDI facility would be available. Such Policy Circulars issued in past are listed below:

Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement – SEBI CIR/MRD/DP/14/2011

December 20, 2011 487 Views 0 comment Print

It is observed from the information provided by the depositories that the companies listed in Annexure ‘A’ have established connectivity with both the depositories. Towa Sokki Limited, Atreya Petrochem Limited, The Chemo-Pharma Laboratories Limited, Associated Fin Lease Limited, Hindoostan Mills Limited, Naisargik Agritech (India) Limited, Asianlak Capital And Finance Limited, Thyrocare Laboratories Limited, Moryo Industries Limited, Vivo Bio Tech Limited

Micro Finance Institutions (MFIs) allowed to raise ECBs

December 19, 2011 1216 Views 0 comment Print

Considering the specific needs of the micro finance sector, the existing External Commercial Borrowings (ECB) policy has been reviewed in consultation with the Government of India and it has been decided that Micro Finance Institutions (MFIs) may be permitted to raise ECB upto USD 10 million or equivalent during a financial year for permitted end-uses, under the Automatic Route.

SEBI – Review of Regulatory Compliance, Periodic Reporting and Contents of Trust Deed

December 19, 2011 1000 Views 0 comment Print

SEBI (Debenture Trustee) Regulations, 1993, allow DTs to incorporate additional clauses in the trust deed provided that these clauses do not dilute or contravene the provisions of the clauses specified in the Schedule-IV of the said Regulations. However, it has been observed during inspections that certain clauses are included in the trust deed that limit or extinguish the obligations of DTs in relation to any rights or interests of investors or are in conflict with the provisions of the Regulations. It may be noted that such clauses in the existing or new trust deeds shall not be applicable and shall stand null and void.

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