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Friday, November 14, 2008

[CS book Law Labz]"Only this much"-Company, Economic & Labour, Securities Law & Compliances BOOK [charts/notes]Company Secretary /CA/CWA / MBA / Law

Yes... This Diwali has gifted the 1st Book on Company Law, Economic & Labour Law and Securities Law and Compliances, ALL in a Single Book to enjoy reading. It covers all 3 subjects of CS Executive Program Module - II also. See down...to get the glimpse of few chapters in all subjects.

Dear Readers,
While we were students studying for the exams we faced a severe shortage of books that made studying the course fun and interesting. All books we came across had a highly ‘Professional’ approach. We realised that this was because the books were written by veterans with enormous years of experience, who are used to deciphering voluminous cryptography.
This book has been tailor made for readers and complied with a three fold objective:
  • To make reading interesting.
  • To bring out the important points and serve as an aid for remembering them, which would otherwise be lost in the mammoth theoretical ocean.
  • To serve as and aid from the examination point of view.

We advise students to use the Institute study material wherever they seek clarity.
We further would like to advise them to use Institute published Guideline answers to understand the expected pattern and presentation of answers.
Please feel free to share your thoughts and critical analysis at http://yehseeyes.blogspot.com/ & mails.
Wishing you all the very best for your oncoming exams!

NOTHING SHOULD BE READ, UNLESS OTHERWISE IT’S INTERESTING…

I like doing things that I am passionate about but ‘Reading theory’ (Yawn!) just doesn’t fit the bill. It is a general consensus that Reading theory is as boring as eating Plain rice. It has been our endeavor (me and my fellow chef!) to make it a mouth watering and lip smacking ‘Biryani’ (Only this Much!). To make this dish we needed the right recipe and ingredients.
Now let me introduce you to my TEAM:
Chef
: R. Anand, who is very particular about quality, hygiene & calorific value of every ingredient added in the dish, handled the legal content editing. Yes, he is also the Gold Medalist in Dec 2006 ICSI Final Exams and is currently working in SEBI as Manager.
Chef: CS.Divya Mittal working for Law Labz, has been the wheels and driving force behind this dish. She is a connoisseur and facilitator for ensuring the creation of this dish.
Chef: Mr.Venkatraman, Licentiate ICSI has been our creative garnisher and is the official taster of this dish.
SO, there should be "Only this Much"… & this is only about that much.
This is Head Chef: A.N.S. Vijay working for Law Labz (also Licentiate ICSI) and I am eagerly awaiting your secret ingredients!!
Though great care has been taken in preparing this dish, we cannot rule out the possibility that some may not find it to taste. We would be grateful to those readers to point out portions not to their taste, so that we could use it in the next edition of the dish.

FEED BACK / SUGGESTIONS
E-mail - onlythismuch@lawlabz.com
Address - No.128, Veeraperumal Koil Street, Mylapore, Chennai-04
Website - http://onlythismuch.lawlabz.com/

Mobile : + 91 93821 35598
MRP – Rs. 425/-
(Legal Disclaimer: Views and opinions expressed in the book do not reflect those of the organisation but only those of the individual authors)

Keep Communicatin…
A.N.S.VIJAY & TEAM
Trezrrr… Every Pulsss


New Edition with Iconistic Approach


Only This Much!

Economic & Labour Laws [Old Edition]


Economic & Labour Laws - Only This Much
Get your own at Scribd or explore others: Law sez book ftp book

Securities Law & Compliances [Old Edition]

Securities Laws - Only This Much

Company Law [Old Edition]

Company Law - Only This Much

Tuesday, November 11, 2008

[FEMA]StandbyLetterOfCredit/BankGuarantee-OverseasCommodityDerivativeContractUPTO 1 year

RBI/2008-09/277
A.P. (DIR Series) Circular No.35

10th November 2008

Remittance related to Commodity Derivative Contract
Issuance of Standby Letter of Credit / Bank Guarantee

Attention of Authorised Dealer Category - I (AD Category-I) banks is invited to Regulation 8 of Notification No.FEMA.25/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Foreign exchange derivative contracts) Regulations, 2000, as amended from time to time, regarding remittance of foreign exchange related to commodity derivative contract undertaken in accordance with the regulations.

2. The Reserve Bank has been receiving requests from banks for issuance of bank guarantee / standby letter of credit, in lieu of making a direct remittance towards payment obligations arising out of commodity derivative transactions entered into by customers with overseas counterparties. With a view to providing greater flexibility to resident entities who have such payment obligations related to commodity derivative contracts, it has been decided that AD Category-I banks may issue guarantees / standby letters of credit to cover these specific payment obligations subject to the conditions / guidelines given in the Annex to this Circular.

3. AD Category-I banks may issue guarantees / standby letters of credit only where the remittance is covered under the delegated authority or under the specific approval granted for overseas commodity hedging by the Reserve Bank.

4. The issuing bank shall have a Board approved policy on the nature and extent of exposures that the bank can take for such transactions and should be part of the credit exposure on the customers. The exposure should also be assigned risk weights, for capital adequacy purposes as per the extant provisions.

As per the Guideline,
1. It is to be issued for the specific purpose of payment of margin money [not exceeding the margin payments made to the specific counterparty during the previous FY] in respect of approved commodity hedging activities of the company.

2. After marking a lien & for a period UPTO 1 year & compliance of guidelines for overseas commodity hedging.

3. Broker's month-end reports duly confirmed / countersigned by corporate's financial controller have to be submitted and verified by the bank to ensure that all off-shore positions are / were backed by physical exposures.

[FEMA]NRE accounts - credit proceeds of account payee cheques

Foreign Exchange Management (Deposit) Regulations, 2000 Credit to Non Resident (External) Rupee Accounts - Clarification

RBI/2008-09/276
A.P. (DIR Series) Circular No.34

November 10, 2008

To

All Category - I Authorised Dealer Banks and Authorised Banks

Madam / Sir,

Foreign Exchange Management (Deposit) Regulations, 2000
Credit to Non Resident (External) Rupee Accounts - Clarification

Attention of Authorised Dealer Category - I (AD Category-I) banks and Authorised Banks is invited to A.P.(DIR Series) Circular No.45 dated May 30, 2008 on the captioned subject. In this connection, it is clarified that AD Category-I banks and authorised banks may credit proceeds of account payee cheques also in addition to demand drafts / bankers' cheques, issued against encashment of foreign currency to the NRE account of the NRI account holder where the instruments issued to the NRE account holder are supported by encashment certificate issued by AD Category-I / Category-II.

ECN (like Physical Contract Note) in Equity Derivatives Segment

DERIVATIVES AND NEW PRODUCTS DEPARTMENT

SEBI/DNPD/143542 /Cir-43/08

November 06, 2008

To

The Managing Director / Executive Director

of Derivative Segment of NSE and BSE

and their Clearing Houses / Corporations.

Dear Sir,

Sub: Issuance of Electronic Contract Notes (ECNs) in Equity Derivatives Segment

  1. This is in continuation of SEBI Circular no. DNPD/Cir-9/04 dated February 3, 2004, on the issuance of electronic contract notes as a legal document for Equity Derivatives like the physical contract note for the equity segment.
  1. In consultation with the exchanges, it has now been decided to extend the facility of issuance of ECNs as a legal document using Straight Through Processing (STP) to the equity derivatives segment also.
  1. Accordingly a model contract note in electronic form (IFN 515 messaging format) and confirmation of electronic contract note (IFN 598 messaging format) are enclosed as Annexure-A.
  1. The Exchanges are advised to modify/amend their bye-laws, rules and regulations to;

a) Permit issuance of electronic contract note including all the standard pre-printed terms and conditions as given in the physical contract note.

b) Permit signing of the electronic contract note with a digital signature so as to make the modified format of the electronic contract note a valid legal document like the physical contract note.

c) Prescribe a standard format for the issuance of the electronic contract note.

5. The standard terms of contract as are required to be mentioned in the Contract Notes as per the Bye-laws and Regulations of exchanges, which are not contained in ECNs, shall be incorporated in the Client Broker Agreement or where applicable, the Tripartite Agreement between the stock broker, sub-broker and the client.

This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act 1992, read with Section 10 of the Securities Contracts (Regulation) Act, 1956 to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Encl : Annexure-A

Tuesday, November 4, 2008

[RBI] as Customer of Banks, know your rights

As you are aware, Reserve Bank has been time and again issuing various instructions / guidelines in the area of customer service to bring about improvements in the quality of customer service in banks and their branches.

Its good to know our rights...so click to know it.

In order to have all current instructions on the subject at one place, we have compiled many of the important instructions issued by us in the form of a Master Circular. Further, we have also included certain instructions issued only to Public Sector Banks and also by Indian Banks' Association at the instance of the Reserve Bank.

The Master Circular is given in the Annex. It may be noted that the Master Circular consolidates and updates all the instructions contained in the circulars listed in the Appendix to the Master Circular.

[SEBI] SLB to 30 days & normal trade timings

Sub: Review of Securities Lending and Borrowing (SLB) Framework

The framework for SLB was specified vide circular no. MRD/DoP/SE/Dep/ Cir- 14 /2007 dated December 20, 2007. SLB was operationalised with effect from April 21, 2008. Pursuant to feedback from market participants and proposals for revision of SLB received from NSE and BSE, the framework is being revised as under:

  1. Tenure

Tenure for SLB may be increased to 30 days from the present 7 days.

  1. Corporate Actions during the 30 day SLB contract

The SLB tenure of 30 days will result in the need for appropriate adjustments for corporate actions. The corporate actions may be treated as follows:

a. Dividend: The dividend amount would be worked out and recovered form the borrower at the time of reverse leg and passed on to the lender.

b. Stock split: The positions of the borrower would be proportionately adjusted so that the lender receives the revised quantity of shares.

c. Other corporate actions such as bonus/ merger/ amalgamation / open offer etc: The transactions would be foreclosed from the day prior to the ex-date. The lending fee would be recovered on a pro-rata basis from the lender and returned to the borrower.

  1. Time window for SLB

The time for SLB session may be extended from the present one hour (10 am to 11 am) to the normal trade timings of 9:55 am to 3:30 pm.


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