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Circulars

Regularization of Liaison / Branch Offices of foreign entities established during the pre-FEMA period

July 15, 2011 807 Views 0 comment Print

The Reserve Bank of India (RBI) has decided that all foreign entities including NGOs/ NPOs/Government bodies and news agencies, operating in India through BOs/ LOs, who are continuing to function in India without obtaining any approval from RBI i.e. established under erstwhile FERA provisions, should approach RBI within 90 days from the date of issue of this circular (i.e. 15 July 2011) for regularization of establishment of such offices in India, in terms of extant FEMA provisions. A.P. (DIR Series) Circular No. 02

Regarding Prosecution of Directors – General Circular No.47/2011

July 14, 2011 2243 Views 0 comment Print

General Circular No.47/2011 I am directed to refer to this Ministry’s General Circular No. 08/2011 dated 25.03.2011 on the subject cited above and to state that the nominee director on behalf of Public Financial Institutions, Financial Institutions and banks on the board of companies should also be treated in the same manner as provided in the para 2 of the said Circular.

Waiver of approval of Central Government for payment of remuneration to professional managerial person by companies having no profits or inadequate profits

July 14, 2011 4035 Views 0 comment Print

Pursuant to this amendment, no approval of Central Government will be required by the listed companies and their subsidiary companies, which are not having profits or having inadequate profits for payment of remunerations exceeding Rs. 4 lakh p.m., if the managerial person:- (a) is not having any direct or indirect interest in the capital of the company or its holding company or through any other statutory structures at any time during last two years before or on the date of appointment and

Insurance – Servicing of Health Insurance Schemes offered by Bodies other than Insurance Companies – Draft Circular

July 13, 2011 768 Views 0 comment Print

The Authority intends to modify the Circular No.031/IRDA/TPA/05, dated 16th December, 2005. Accordingly, the Authority has prepared the Exposure Draft. In this regard, comments/suggestions of all stakeholders on the Exposure Draft are invited. The comments/suggestions on the said draft may be forwarded at meena@irda.gov.in within 10 days.

Insurance – Submission of Business Information related to Policies, premium, claims and Offices of General Insurance Companies

July 13, 2011 1622 Views 0 comment Print

Please refer to Circular 40/NL/IRDA/08-09, dated 3rd March, 2009 wherein, the Authority has mandated all non-life Insurance Companies to submit quarterly and yearly business information. In view of the changing industry scenario and to make the information analysis more meaningful, the Authority has decided to replace the existing formats with the new ones as provided below:

MVAT – VAT Circular No. 11T of 2011 Dated: 12/07/2011

July 12, 2011 3580 Views 0 comment Print

An internal circular referred to above was issued regarding Taxation of motor vehicles under Central Sales Tax Act, 1956 for the VAT period from 1.4.2005. It was mentioned in the said circular that the relevant notification in respect of Motor Vehicle, dated 1st May 2002 as amended from time to time contained a reference to the entry 102 of Schedule ‘C’ to Bombay Sales Tax Act, 1959. That after coming into force of Maharashtra Value Added Tax Act, 2002 from 1st April 2005, there was no such entry in existence in MVAT Act and hence the said notification was no more in force from 1st April 2005. Officers were directed to take action and disallow the claims of concessional rate under Central Sales Tax Act, 1956 for periods after 1st April 2005.

Admission of LLP as members of Stock Exchanges Reg.

July 11, 2011 1282 Views 0 comment Print

We have received requests from various stock exchanges to permit Limited Liability Partnerships (LLPs) to be admitted as members of stock exchanges so as to enable them to get registration as stock broker under SEBI (Stock brokers and Sub-brokers) Regulations, 1992.

Regarding Collection of Anti-dumping duty beyond the validity period- Circular No. 28/2011-Customs

July 8, 2011 981 Views 0 comment Print

Circular No. 28/2011-Customs, Representations have been received from the trade that, in some cases, field formations are collecting anti-dumping duty even after the expiry of the statutorily prescribed period of levy. It has been reported that the basis for such a practice could be that the notification providing for levy of anti-dumping duty does not specify the end date.

ROC – Name Availability Guidelines, 2011

July 8, 2011 3439 Views 0 comment Print

In supercession of all the previous circulars and instructions issued by Ministry of Corporate Affairs from time to time regarding name availability, the applicants and Registrar of Companies are advised to adhere following guidelines while applying or approving a name: As per provisions contained in Section 20 of the Companies Act, 1956, no company is to be registered with undesirable name. A proposed name is considered to be undesirable if it is identical with or too nearly resembling with:

Integration of DIN with DPIN

July 8, 2011 14438 Views 0 comment Print

The Ministry of Corporate Affairs has been issuing two separate identification numbers as DIN to an individual for becoming a director of a company under Companies Act, 1956 and DPIN for a designated partner in a Limited Liability Partnership under Limited Liability Partnership (LLP) Act, 2008. 2. To avoid this duplicity and to give ease to the stakeholders, the Ministry has decided to issue only one identification number to an individual for both the purpose.

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