SEBI extend observation letter validity, rights entitlement in Demat & no early exit for close ended MF

PRESS RELEASE

PR No.283/2008

SEBI Board Meeting

1. SEBI to extend validity of the observation letter

SEBI Board has approved extension of validity of observation letter issued for public / rights issue from present three months to one year, subject to filing of updated document with SEBI where there are material changes.

2. SEBI to introduce electronic rights entitlements and ASBA in the Rights Issue process.

SEBI Board has approved certain policy measures pertaining to rights issue process, which inter-alia include enabling electronic rights entitlement, which can be traded electronically in Stock Exchanges, introducing alternate mode for making applications in rights issue viz Applications Supported by Blocked Amount (ASBA) mode and mandating that the issuer can get access to rights issue proceeds only after the allotment is finalized.

Currently a shareholder intending to renounce his/her Rights entitlements fills up part B of the rights issue application form. The renouncee can trade this form or apply in the Rights Issue by filling up Part C of the form. Renunciation forms are traded in physical segment in Bombay Stock Exchange. The right entitlement will now be made available in demat form for all shareholders holding the underlying shares in demat form.

The policy measures approved by the Board in this meeting, along with measures undertaken in the recent past for reduction in timelines, are expected to streamline the rights issue process and make it more efficient.

3. It was decided that no early exit will be allowed in any scheme of Mutual Fund in the nature of a close ended scheme. The schemes which have been approved earlier but not yet launched will also have to be amended accordingly. It will be obligatory for the Asset Management Company to list the close ended schemes. The Board also decided that for such close ended schemes the underlying assets will not have a maturity beyond the date on which the scheme expires.

4. The Board decided to adopt a code to avoid conflict of interest for the members of the Board. It was further decided that this code will be put up in the public domain by publishing it on the SEBI website before December 12, 2008.

5. In order to bring transparency in the working of the Board it was decided that the agenda papers submitted to the Board on all policy issues will be made available in the public domain by putting them up on the SEBI website after the Board has taken a decision on the issue. The minutes of the meeting relating to such items will also be made available on the SEBI website after the Board has approved the minutes. Accordingly the agenda papers for today's Board meeting will be made available on the SEBI website by December 15, 2008.

[SEBI-Equity & Derivative]Cross Margining across Exchange traded priority ranked with default positions

Sub: Cross Margining across Exchange traded Equity (Cash) and Exchange traded Equity Derivatives (Derivatives) segments

SEBI/DNPD/Cir- 44 /2008 dated 2nd December 2008

This is in continuation of SEBI Circular No. MRD/DoP/SE/Cir-13/2008 dated May 05, 2008 on the cross margining facility across cash and derivatives segments for institutional trades. In order to improve the efficiency of the use of the margin capital by market participants, it has now been decided to revise the existing facility of cross margining and to extend it across cash and derivatives segments to all categories of market participants. The features of the revised cross margining facility are detailed below:

1. Positions eligible for cross margining benefit

a. The positions of clients in both the cash and derivatives segments to the extent they offset each other shall be considered for the purpose of cross margining as per the following priority:

i. Index futures position and constituent stock futures position in derivatives segment

ii. Index futures position in derivatives segment and constituent stock position in cash segment

iii. Stock futures position in derivatives segment and the position in the corresponding underlying in cash segment

b. A basket of positions in index constituent stock/stock futures, which is a complete replica of the index in the ratio specified by the Exchange/Clearing Corporation, shall be eligible for cross margining benefit.

c. The positions in the derivatives segment for the stock futures and index futures shall be in the same expiry month to be eligible for cross margining benefit.

2. Computation of cross margin

a. To begin with, a spread margin of 25% of the total applicable margin on the eligible off-setting positions, as mentioned in para 1 (a) above, shall be levied in the respective cash and derivative segments.

b. Cross margining benefit shall be computed at client level on an online real time basis and provided to the trading member / clearing member / custodian, as the case may be, who, in turn, shall pass on the benefit to the client. For institutional investors, however, the cross margining benefit shall be provided after confirmation of trades.

3. Separate accounts

To avail the facility of cross margining, a client may maintain two accounts with the trading member / clearing member, namely arbitrage account and a non-arbitrage account, to allow converting partially replicated portfolio into a fully replicated portfolio by taking opposite positions in two accounts. However, for the purpose of compliance and reporting requirements, the positions across both accounts shall be taken together and client shall continue to have unique client code.

4. Settlement

To begin with, a client may settle through a trading member / clearing member / custodian, as the case may be, who is clearing in both the segments or through two trading members / clearing members / custodians, one of whom is a trading member / custodian in the cash segment and the other is a clearing member in the derivatives segment. However, in course of time, a client will settle through only one clearing member who is a member in both the segments.

5. Default

In the event of default by a trading member / clearing member / custodian, as the case may be, whose clients have availed cross margining benefit, the Stock Exchange / Clearing Corporation shall have the option to:

a. Hold the positions in the cross margin account till expiry in its own name.

b. Liquidate the positions / collateral in either segment and use the proceeds to meet the default obligation in the other segment.

6. Agreement

The Exchange / Clearing Corporation shall enter into agreement with client / clearing member / trading member / custodian, as the case may be, clearly laying down the inter-se distribution of liability / responsibility in the event of default.

7. The Stock Exchanges are advised to:

a. put in place the adequate systems and issue the necessary guidelines for implementing the above decision.

b. make necessary amendments to the relevant bye-laws, rules and regulations for the implementation of the above decision.

c. specify the legal agreements between the clearing entities for the purpose of margin utilisation in case of liquidation/default etc.

d. bring the provisions of this circular to the notice of the trading members / clearing members / custodians and also to disseminate the same on the website.

8. This circular is being issued in exercise of powers conferred by sub-section (1) of section 11 of the Securities and Exchange Board of India Act, 1992, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

[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!

Get your own at Scribd or explore others: Law cs corporate laws cs laws

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

Get your own at Scribd or explore others: Law international capita cs compliances book

Company Law [Old Edition]

Company Law - Only This Much

Get your own at Scribd or explore others: Law smallest companies a full companies act b

[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.

2. 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.

3. 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.

4. 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

[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.

2. 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.

3. 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.

[TakeoverCode]Creeping acquisition UPTO 5% in open market & Buy Back exemption amended

Dear All,

Consolidation of holdings under Takeover Regulations

As per extent of provisions of the SEBI Takeover Code the acquire can acquirer upto 55% of shareholding of a listed Company under 5% creeping acquisition limit.

Vide PR No.239/2008 dated 27^th October 2008 SEBI has decided that henceforth consolidation through creeping acquisition upto 5% be allowed to persons holding 55% and above but below 75%, subject to the condition that such acquisition can only be via open market purchases in the normal segment, and for the purpose, no consolidation via bulk/ block/ negotiated deal or through preferential allotment would be permitted.

Further, any increase in the holding of promoters pursuant to buy back, exemption under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations was required to be sought. It has now been decided to automatically exempt increase/ consolidation upto 5% per annum as a result of buy back by a company.

Necessary amendments to SEBI (Substantial Acquisition of Shares and Takeovers) Regulations are being carried out separately.

Conclusion:

Vide this amendment:

• In addition to creeping acquisition benefit upto 55%, the acquirer who is holding 55% or above not exceeding 75% can go for creeping acquisition upto 5% only through open market purchase AND no other route.
• When there is increase in shareholding of the promoter due to buy back of securities, such increase upto 5% per annum is permitted and no need to sought excemption from the SEBI.
  
  
  Thanks & Regards
  Alagar
  CSchennai
  Karvy - Merchant Banking
  Contact: 919790906827

Amendments To Takeover Code – Oversight Or Intended?
This is further to our most recent hotline "Creep up to 75% - Takeover Code Relaxed" discussing the proposed amendments relating to shareholding consolidation under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 (the "Takeover Code") as announced by the Securities and Exchange Board of India ("SEBI") in its press release No. 239/2008 dated October 27, 2008 ("Press Release").
Whilst SEBI has finally effected the amendments on this Monday, November 3, 2008 and amended the Takeover Code, the amendments, on several counts, do not correspond to the amendments as suggested by the Press Release.
This Hotline attempts to bring out and discuss the discrepancies between the Press Release and the amendments (as effected), possible reasons behind the discrepancies and finally the implications of the amendments in their current form.
The Discrepancies - Amendments v. Press Release
SEBI has amended Regulation 11(2) of the Takeover Code by inclusion of a proviso, which is summarized as under (the "Amendments") —
Any person who holds 55% or more but less than 75% may acquire additional shares or voting rights entitling him up to 5% voting rights in the target company ("
Target") if--
(a) the acquisition is through open market purchase in normal segment on the stock exchange but not through bulk deal /block deal/ negotiated deal/ preferential allotment; or (b) the increase in the shareholding or voting rights of the acquirer is pursuant to a buyback of shares by the Target; and
the post acquisition shareholding of the acquirer together with persons acting in concert with him does not increase beyond seventy five per cent (75%).

So, what to do, on

• Acquisition of Shares up to 5% - Any person holding 55% or more (but less than 75%) shares of the Target permitted to further increase his shareholding by not more than 5% in the Target without making a public announcement.
• Increase in shareholding due to buyback - Public announcement not required if the shareholding of any shareholder holding 55% or more is increased up to 5% due to buyback. No "per annum" time limit stipulated.
• 75% threshold - Acquirer restricted from increasing his shareholding more than 75% without making a public announcement.

The Amendments appear to be open ended and create ambiguities leaving significant scope for interpretation. Herein below we analyze and attempt to understand SEBI's rationale behind each of these amendments.
Acquisition of shares up to 5%
One of the most important and critical feature of the Amendments is to do away with the requirement of making a public announcement when a shareholder/acquirer holding 55% or more shares proposes to consolidate his shareholding by further acquisition of up to 5% shares of the Target. Amendments leave it open ended for anyone to interpret whether the 5% acquisition limit stipulated in Regulation 11(2) is applicable to each financial year, or is only a one time affair. In fact, on account of the above ambiguity, though a little far-fetched, it is possible to interpret Regulation 11(2) to imply that a person holding more than 55% shares can go on acquiring shares of the Target from the open market in less than 5% tranches multiple times in a year. However, in light of the spirit of the Takeover Code and more particularly Regulation 11(1), it appears likely that the SEBI intended to apply such 5% limit each financial year.

Having said that, there are views that SEBI probably wants to permit such creeping acquisitions beyond 55% only once in the lifetime of the Target, and any further acquisitions whether in the same year or in the subsequent years should mandate a public announcement. This view is not entirely without foundation as the Amendments were introduced as an aggressive measure to bolster the bearish stock market, and knowing that SEBI would like to retrogress to a more cautious approach position as and when the markets gain momentum. In fact, earlier this year the Finance Ministry was contemplating steps to make 25% minimum public shareholding a uniformity across the board for listed companies, but decided against it apprehending it might encourage further selling activity from promoters and disappoint an already distressed stock market.
Buyback triggering public announcement
Another aspect of the Amendments which has come under debate is the application of Regulation 11(2) even to non promoters due to buyback. Amendments mark a significant turning point as shareholders holding 55% or more shares no longer need to approach the takeover panel for seeking exemption from making public announcements for up to 5% increase in their shareholding due to buy back. Prior to the Amendments, shareholders approached the takeover panel under Regulation 4(2) of the Takeover Code to seek exemption from making a public announcement if they anticipated that increase in their shareholding will require a public announcement to be made.
Separately, there are views that the Amendments may be disadvantageous to promoters if their shareholding increases by more than 5% due to an open market buyback, as they will still have to make a public announcement even when they are prohibited from participating in such buybacks.
75% Threshold
The clarification in the Amendments restricting shareholding consolidation beyond 75% leaves a room for interpretation whether the 75% threshold will stand modified to 90% in case of companies which are required to have a minimum public shareholding of 10%. In fact, had the Amendments not stipulated the 75% limit, it would have been only natural to read the 75% threshold in conjunction with the earlier proviso to Regulation 11(2), which provides that the 75% threshold will stand modified to 90% in cases where the listing norms permit minimum public shareholding of 10%.

Conclusion
While it remains to be seen whether the discrepancies mentioned above were the result of an oversight by the SEBI or were actually intentional, SEBI should take immediate steps to allay the ambiguities highlighted above to help the acquirers and stakeholders interpret the Amendments in the manner in which they were intended to by the SEBI.
- Ruchir Sinha & Nishchal Joshipura

[FEMA]Allocation of FII Investments - irrespective of Debt or Equity

Dear All,

Allocation of FII Investment between debt and equity

As you aware of that as per extent Schedule of the Foreign Exchange Management (Transfer or Issue of any Foreign Secuity) Regulations, 2004, in terms of which Foreign Institutional Investors are allowed to purchase, on repatriation basis, dated Government securities/treasury bills, listed non-convertible debentures/bonds, commercial papers issued by an Indian company and units of domestic mutual funds and Security Receipts issued by Asset Reconstruction Companies either directly from the issuer of such securities or through a registered stock broker on a recognized stock exchange in India, subject to:

1. The FII shall restrict allocation of its total investment between equity and debt instruments (including dated Government Securities and Treasury Bills in the Indian capital market) in the ratio of 70:30

2. If the FII desires to invest up to 100 per cent in dated Government Securities including Treasury Bills, non-convertible debentures/bonds issued by an Indian company, it shall form a 100 per cent debt fund and get such fund registered with SEBI; and

3. The total holding by a single FII in each tranche of scheme of Security Receipts shall not exceed 10 per cent of the issue and the total holdings of all FIIs put together shall not exceed 49 per cent of the paid up value of each tranche of scheme of Security Receipts issued by the Asset Reconstruction Companies.

In order to accord flexibility to the FIIs to allocate their investments across equity and debt instruments, the Securities and Exchange Board of India (SEBI) , vide its Circular No IMD/FII & C/33/2007 dated October 16, 2008 has dispensed with the conditions provided in Regulation 15 (2) of the SEBI FII Regulations pertaining to restrictions of 70: 30 ratio of investments in equity and debt, respectively. Accordingly, it has been decided, to dispense with the existing provisions under FEMA Regulations vide AP DIR Circular No.25 dated 17^th October 2008. However, the stipulations made in point no 3 above in respect of FII holdings in security receipts issued by Asset Reconstruction Companies shall continue.

So, now there is no restriction for investment by FII with regard to allocation of product like equity, debt etc w.e.f 17th Oct 2008.

--
Thanks & Regards
Alagar
CSchennai
Karvy - Merchant Banking
Contact: 919790906827

[ECB] rupee expenditure, rupee accounts, 3G spectrum & revised all-in-cost

Dear All,

Amendment of ECB Guidelines vide AP DIR Circular No.26 dated 22^nd Oct 2008 by RBI:

Change in end use restriction:

Prior to this amendment, borrowers in the infrastructure sector are allowed to avail ECB up to USD 100 million per financial year for Rupee expenditure for permissible end-uses under the Approval Route. Considering the huge funding requirements of the sector, particularly for meeting Rupee expenditure, the existing limit of USD 100 million has been raised to USD 500 million per financial year for the borrowers in the infrastructure sector for Rupee expenditure under the Approval Route. Provided ECBs in excess of USD 100 million for Rupee expenditure should have a minimum average maturity period of 7 years:

To ease liquidity pressure in the system henceforth, ECB up to USD 500 million per borrower per financial year would be permitted for Rupee expenditure and / or foreign currency expenditure for permissible end - uses under the Automatic Route. Accordingly, the requirement of minimum average maturity period of seven years for ECB more than USD 100 million for Rupee capital expenditure by the borrowers in the infrastructure sector has been dispensed with.

In order to further develops the telecom sector in the country, payment for obtaining license/permit for 3G Spectrum will be considered an eligible end - use for the purpose of ECB.

Change in parking of ECB proceeds in overseas:

At present, ECB proceeds are required to be parked overseas until actual requirement in India and such proceeds can be invested in the following liquid assets (a) deposits or certificate of deposit offered by banks rated not less than AA (-) by Standard and Poor / Fitch IBCA or Aa3 by Moody's; (b) deposits with overseas branch of an AD bank in India; and (c) Treasury bills and other monetary instruments of one year maturity having minimum rating as indicated above.

It has now been decided that henceforth the borrowers will be extended the flexibility to either keep these funds off-shore as above or keep it with the overseas branches / subsidiaries of Indian banks abroad or to remit these funds to India for credit to their Rupee accounts with AD Category I banks in India, pending utilisation for permissible end-uses. However, as hitherto, the rupee funds will not be permitted to be used for investment in capital markets, real estate or for inter-corporate lending.

Change in All in Cost:

In view of the tight liquidity conditions in the International financial markets, it has been decided to rationalize and enhance the all-in-cost ceilings as under:

Average Maturity Period	All-in-Cost ceiling over 6 months LIBOR*
	Exisitng	Revised
Three years and up to five years	200 bps	300 bps
More than five years and up to seven years	350 bps	500 bps
More than seven years	450 bps	500 bps

* for the respective currency of borrowing or applicable benchmark.

The all-in-cost ceilings will be reviewed from time to time depending on the conditions in the international financial markets.

Keeping in view the risks associated with unhedged foreign exchange exposures of SMEs, a system of monitoring such unhedged exposures by the banks on a regular basis is being put in place.

The said amendments to the ECB guidelines will come into force with immediate effect.

All other aspects of ECB policy such as USD 500 million limit per company per financial year under the Automatic Route, eligible borrower, recognised lender, end-use, average maturity period, prepayment, refinancing of existing ECB and reporting arrangements remain unchanged.

Thanks & Regards
Alagar
CSchennai
Karvy - Merchant Banking
Contact: 919790906827

[SEBI]FAQ/Notes for CS Executive Program on Securities Law & Compliances

Yes, the Securities Exchange Board of India (SEBI) is helping ICSI students at the very right time by publishing an updated Frequently Asked Questions (FAQ) on various topics covered under Module-II, Paper 6 - "Securities Law and Compliances" of Company Secretary Executive Program.

It can really help you to understand the subject in a lucid manner, the most jolly way.

Now, CS friends can enjoy reading & win the forthcoming CS exams with ease.... Follow the following links...

FAQ-Issues

• Issues by Indian companies in India
• Issues by foreign companies in India (Indian Depository receipts)
• IPO Grading
• Electronic Clearing Scheme (ECS) for refunds
• Applications Supported by Blocked Amount (ASBA) Process

FAQ-Secondary Market

FAQ-Mutual Funds

FAQ-Foreign Institutional Investors

FAQ-Dematerialisation

FAQ-Derivatives

FAQ-Straight Through Processing

FAQ-Collective Investment Schemes

FAQ-Buyback of Securities

FAQ-Portfolio Managers

FAQ-Delisting

FAQ-Consent Orders

Enjoy FAQuin....