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Circulars

RBI Circular on Mobile Banking Transactions in India – Operative Guidelines for Banks vide Circular No. DPSS.CO.No.2502 /02.23.02/ 2010-11 Dated – May 4, 2011

May 4, 2011 1520 Views 0 comment Print

DPSS.CO.No.2502 /02.23.02/ 2010-11 – The users of mobile banking services and also the volume of such transactions have been steadily increasing since the introduction of this facility. As per the current instructions mobile banking transactions up to ` 1000/- are permitted without insisting on end-to-end encryption. Banks have been representing to the Reserve Bank to enhance the cap fixed for such transactions given the extensive use of this facility.

Clarification regarding effective date of Companies (Particulars of employees)Amendment Rules,2011

May 3, 2011 1640 Views 0 comment Print

MCA has clarified that the revised limits for disclosure of details of employees drawing remuneration in excess of Rs. 5 lacs per month or Rs. 60 lacs per annum under Section 217(2A) of the Act is applicable to all annual reports approved, published and circulated on or after.

Clarification in respect of General Circular No. 2 /2011 dated 8th February, 2011

May 2, 2011 1754 Views 0 comment Print

It has been observed that certain companies are seeking clarification in respect of circular No. 2/11 dated 8.2.2011 issued by the Ministry in respect of exemption u/s 212 (8) of the Companies Act, 1956. The point raised is in respect of applicability of condition No. (ii) of the circular, requesting the Ministry to delete the condition in respect of unlisted companies as this condition is applicable to listed companies as per SEBI guidelines.

Approval of Ministry of Corporate Affairs for appointment of agency for providing electronic platform for electronic voting under the Companies Act, 1956

May 2, 2011 1457 Views 0 comment Print

The Companies Act, 1956 and the Companies (Passing of Resolution by Postal Ballot) Rules, 2001, recognize the voting by electronic mode. In order to have a sound electronic platform for capturing electronic voting process, MCA has recognized National Securities Depository Limited (NSDL) and Central Depository Services (India) Limited (CDSL) as agencies for providing electronic platform for electronic voting.

E-Form No. 32 – Companies Act, 1956 – filing of conflicting return by contesting parties

May 2, 2011 30868 Views 0 comment Print

E-Form No. 32 – Intimation to Registrar of Companies regarding particulars of appointment of Directors etc and changes therein in the company pursuant to section 303 (2) of the Companies Act, 1956 – filing of conflicting return by contesting parties.

Marking a company as having management dispute by Registrar of Companies under MCA-21 system

May 2, 2011 9271 Views 1 comment Print

The Registrar of Companies shall mark a company as having management dispute in only those cases where the court or Company Law Board has directed to maintain the status-quo with reference to any e-forms including status of Directors in the company or The Court or Company Law Board has granted any injunction or stay in taking the document on record and Registrar of Companies is a party in such court cases and/or the directions have been issued to the Registrar of Companies.

Opening of Escrow Accounts for FDI transactions – A. P. (DIR Series) Circular No. 58 Dated – May 02, 2011

May 2, 2011 1417 Views 0 comment Print

RBI has permitted AD Category – I banks and SEBI authorized Depository Participants to open and maintain, without prior approval of the Reserve Bank, non-interest bearing Escrow accounts in Indian Rupees in India on behalf of residents and/or non-residents, towards payment of share purchase consideration and / or provide Escrow facilities for keeping securities to facilitate FDI transactions subject to certain terms and conditions.

Pledge of shares for business purposes -A. P. (DIR Series) Circular No. 57 Date – May 02, 2011

May 2, 2011 1687 Views 0 comment Print

A. P. (DIR Series) Circular No. 57 Shares of an Indian company held by the non-resident investor can be pledged in favour of an Indian bank in India to secure the credit facilities being extended to the resident investee company for bonafide business purposes subject to the following conditions : in case of invocation of pledge, transfer of shares should be in accordance with the FDI policy in vogue at the time of creation of pledge; submission of a declaration/ annual certificate from the statutory auditor of the investee company that the loan proceeds will be / have been utilized for the declared purpose; the Indian company has to follow the relevant SEBI disclosure norms;

Non-retail investors to mandatorily use ASBA facility

April 29, 2011 906 Views 0 comment Print

It has been decided that non-retail investors i.e. Qualified Institutional Buyers and Non-Institutional Investors, making application in public/ rights issue shall mandatorily make use of ASBA facility. In this regard, disclosures shall be made in the offer document such as in issue procedure section as part of payment instructions. CIR/CFD/DIL/1/2011 , Dated- April 29, 2011

Clarification on issues relating to CENVAT Credit Rules 2004

April 29, 2011 13457 Views 0 comment Print

Circular No. 943/04/2011-CX Can credit of capital goods be availed of when used in manufacture of dutiable goods on which benefit under Notification 1/2011- CE is availed or in provision of a service whose part of value is exempted on the condition that no credit of inputs and input services is taken? Is the credit of only specified goods and services listed in the definition of inputs and input services not allowed such as goods used in a club, outdoor catering etc, or is the list only illustrative?

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