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Thursday, February 25, 2010

December CS Exam Results February 2010 & Checklist of programmes after passing Company Secretary Foundation or Executive or Professional

The results of the CS Foundation Course, Intermediate and Final (Old Syllabus) and Foundation Programme, Intermediate/Executive Programme, and Professional Programme (New Syllabus) examinations of the Company Secretaries held in December, 2009 are scheduled to be declared at 12.00 Noon on 25th February, 2010 at www.icsi.edu and also try www.icsi.in & http://icsi.examresults.net or details in http://yehseeyes.blogspot.com/2010/02/download-or-sms-cs-december-exam.html

HEARTIEST WISHES FOR EVERY ONE WHO HAS WON & IN THE PROCESS OF WINNING COMPANY SECRETARY EXAMS

Candidates registered upto and including the month of February in a year are eligible for appearing in both the groups of the Executive Programme or all 4 modules of Professional Programme examination held in June of next year. So, its mandatory for you to submit prescribed forms before 2nd March 2010 (also note even 27 & 28th February viz Saturday and Sunday is a full working day for ICSI) to appear for all modules in December 2010.  There is one another new requirement in lieu of TOP, SMTP, etc…which is called Student Induction Programme (SIP), Executive Development Programme (EDP)  and Professional Development Programme (PDP) from 1st September 2009 0nwards.  Details in http://yehseeyes.blogspot.com/2010/02/newcstrainingsipedpmsoppdpparttimeicsic.html

Before visiting the nearest ICSI office, make sure you are ready with following things:

For Foundation passed:

  1. Get to know your subjects and classes schedules at http://csclasses.learnlabz.com
  2. Register for Computer Training with Aptech or produce your Certificates to write Exemption exam on or before February 2010: www.icsi.aptechtrainingsolutions.com
  3. Enroll for Student Induction Programme (SIP), a 7 full day program with ICSI which shall be completed within 6 months.  Details in http://yehseeyes.blogspot.com/2010/02/newcstrainingsipedpmsoppdpparttimeicsic.html
  4. Enjoy reading CS Executive Programme books from http://csbooks.learnlabz.com

For Executive passed:

  1. Click here to download & fill CS Professional Program Application -http://www.icsi.edu/webmodules/student/final.doc and arrange for fees as per Apply for Executive Development Program (EDP) and find details from nearest ICSI -http://www.icsi.edu/webmodules/student/TopForm.doc (its a mandatory pre-requisite to commence CS Training). EDP is a 8 full day program offered at ICSI and your training will commence only on completion of this program.  Details in http://yehseeyes.blogspot.com/2010/02/newcstrainingsipedpmsoppdpparttimeicsic.html

  2. Then, start sending emails & applications of RESUME for CS Training to

  3. For 15-month CS Training related information, you can visit http://yehseeyes.blogspot.com/2008/05/icsi-15-months-managementapprentice.html

  4. Start looking out for Professional Development Programs (PDP) as its mandatory to attend for 25 hours or you have the option to register for National Convention of ICSI.

  5. Get to know your subjects and classes schedules at http://csclasses.learnlabz.com
  6. Enjoy reading CS Professional books @ http://csbooks.learnlabz.com

For Professional passed:

  1. Pending Training you are eligible for Licentiate Membership of ICSI -http://www.icsi.edu/webmodules/student/Licentiate.doc and you will get Chartered Secretary (Members magazine) free of cost.

  2. Complete your CS Training or Claim exemption from it following http://yehseeyes.blogspot.com/2008/05/icsi-15-months-managementapprentice.html

  3. Complete RoC Training or Stock Exchange training, if applicable. Send e-mail to training2@icsi.edu to get the sponsorship letter.

  4. Complete 25 hours PDP's, 15 full days MSOP’s, etc… in http://yehseeyes.blogspot.com/2010/02/newcstrainingsipedpmsoppdpparttimeicsic.html
  5. Then, apply for the esteemed membership of ICSI following, http://yehseeyes.blogspot.com/2009/01/checklistformsfeesguide-to-apply-for.html

Are you not satisfied with your CS results? then apply for Verification of marks (casually called revaluation or re-counting) within 30 days from today (ie) within 30 days from declaration of CS results.  For more details, visit http://yehseeyes.blogspot.com/2009/02/revaluation-retotalling-cs-marks.html

Enjoy passin... Of course, you can keep track of all updates, happenings and all about Company Secretaries by following http://yehseeyes.blogspot.com/and Get See Yes -> Yes, ACS delivered by email

Tuesday, February 23, 2010

New Format Cheque under Cheque Truncation System (CTS) Standard issued by RBI, in addition to MICR, yet to be notified

"CTS-2010 Standard" for Cheque Forms – Specifications

image

RBI has proposed a New Cheque Truncation System (CTS) and a Model of proposed cheque, the effective date of which will be intimated soon.

It has since been decided to prescribe certain benchmarks towards achieving
standardisation of cheques issued by banks across the country. These include provision of mandatory minimum security features on cheque forms like quality of paper, watermark, bank’s logo in invisible ink, void pantograph, etc., and standardisation of field placements on cheques. In addition, certain desirable features are also being suggested which could be implemented by banks based on their need and risk perception. The set
of minimum security features would not only ensure uniformity across all cheque forms issued by banks in the country but also help presenting banks while scrutinising /recognising cheques of drawee banks in an image-based processing scenario. The homogeneity in security features is expected to act as a deterrent against cheque frauds, while the standardisation of field placements on cheque forms would enable straightthrough-processing (STP) by use of optical / image character recognition technology (MICR).

Source: RBI Circular DPSS.CO.CHD.No.1832/04.07.05/2009-2010 dated February 22, 2010

Saturday, February 20, 2010

New NBFC Classification: AFC, IFC, Investment & Loan company as per RBI

Consequent upon re-classification of NBFCs, in the proposed structure the following categories of NBFCs will emerge:

  1. Asset Finance Company
  2. Investment Company
  3. Loan Company
  4. Infrastructure Finance Company (IFC) – a new category as notified by RBI vide DNBS.PD. CC No.168 /03.02.089 /2009-10 dated 12th February 2010.

Conversion into New Pricing Norms for FCCB on or before 15th August 2010 (ie) average 2 week high & low prices only like QIP under ICDR

A Scheme for issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depositary Receipt Mechanism) Scheme was notified in 1993 to allow the Indian Corporate sector to access global capital markets through issue of Foreign Currency Convertible Bonds (FCCB)/Equity Shares under the Global Depository Receipt Mechanism (GDR) and American Depository Receipt Mechanism (ADR). The Scheme has been amended several times since then.

What is FCEB?

Amendment: On or before 15th August 2010 (6 month period from 15th February 2010), the corporates have the option to revise from OLD CONVERSION PRICE norms to NEW CONVERSION PRICE norm (as below) for FCCB’s.  The said revision of conversion price is subject to the following conditions:

  • Prior approval from RBI (PRBI) is mandatory.
  • The issuing Company shall ensure that the revision of price and consequent issue of shares may not breach Foreign Direct Investment (FDI) limit (Sectoral caps) under Automatic or Approval route.
  • The issuing Company shall take approval from its Board as well as from its shareholders (Board Resolution + Ordinary Resolution).
  • The issuing Company shall enter into a fresh agreement with the FCCB holders in terms of re-negotiation of the conversion price.

Source: Ministry of finance Press Note F.No.9/3/2009-ECB dated 15th February 2010.

[Old Conversion Price]FCCB Pricing Norm prior to 27th November 2008:

Listed Companies – The pricing should not be less than the higher of the following two averages:

(i) The average of the weekly high and low of the closing prices of the related shares quoted on the stock
      exchange during the six months preceding the relevant date;

(ii) The average of the weekly high and low of the closing prices of the related shares quoted on a stock
       exchange during the two week preceding the relevant date.

The “relevant date” means the date thirty days prior to the date on which the meeting of the general body of shareholders is held, in terms of section 81 (IA) of the Companies Act, 1956, to consider the proposed issue.”

[New Conversion Price]FCCB Pricing Norm from 27th November 2008: similar to QIP pricing under ICDR

Listed Companies – The pricing should not be less than the average of the weekly high and low of the closing prices of the related shares quoted on the stock exchange during the two weeks preceding the relevant date; [avg 2 weeks high & low]
The “relevant date” means date of the meeting in which the Board of the company or the Committee of Directors duly authorized by the Board of the company decides to open the proposed issue.”

Source: FINMIN

Monday, February 15, 2010

Revised CS Training programme: 7,8,15days training programmes after Foundation, Executive & Professional Programme exams…Understand it!!!

Updated New Company Secretary Training Provisions

  1. Applicability: Students enrolled for Company Secretary (CS) course on or after 1st September 2009.
  2. Student Induction Program (SIP): Students shall complete SIP Within 6 months of Registration for CS Executive Programme. SIP is a 7 full days training programme (introduced for the very first time). SIP will be conducted by ICSI's Regional Councils like NIRC, SIRC, EIRC & WIRC and 'A' & 'B' grade Chapters as provided in www.icsi.edu. To register for SIP, only physical application shall be made to the nearest ICSI chapter along with a fees of Rs.1,000/- To Get exemption from SIP, follow https://docs.google.com/open?id=1XBh5rCmnC1ZP_Fjq-lU2dXop9VnyJh1aggwku6CX_WG3TfihHBw-VdU6dUS3
  3. Executive Development Program (EDP): EDP is the new name of erstwhile Training Orientation Programme (TOP). EDP is a 8 full days (instead of 5 days as earlier) training programme. EDP as a pre-requisite for Training which shall be done after passing CS Executive Programme Exams remains as such. To register for EDP, only physical application shall be made to the nearest ICSI chapter along with a fees of Rs.1,000/
  4. Professional Development Program (PDP): PDP is the new name of erstwhile Academic Development Programme (ADP) which remains for the period of 25 hours. PDP's are the lectures, seminars, etc...conducted by ICSI on daily basis or weekend basis or half-day basis and will have PDP hours mentioned in it. PDP's will be counted after completion of Executive Development Programme (EDP) and during the course of CS Training. It shall be completed before applying for ACS Membership.
  5. Wholly or Partly with PCS & Company & Firms/Institutions: The existing 15 month Training Programme remains as such. ICSI has specifically mentioned that Students are free to undergo training wholly or partly with Practising Company Secretary or Registered Companies. Further,
    6 (SIX) MONTHS OF 15 MONTHS TRAINING CAN BE DONE WITH FINANCIAL INSTITUTIONS/ MANAGEMENT CONSULTANTS / LAW FIRMS REGISTERED WITH ICSI.
  6. RoC/Stock Exchange Training: The 15 day RoC or Specialised Institutions training on completion of 12 months of CS Training remains as such.
  7. Management Skills Orientation Programme (MSOP): MSOP, the erstwhile Secretarial Modular Training Programme (SMTP) or Residential Secretarial Modular Training Programme (RSMTP) @ ICSI-CCGRT remains for 15 full days at the ICSI's Regional Councils. MSOP shall be completed after passing CS Professional Programme exams.
  8. Full details about new CS Training, courses to be undergone and details can be found in http://yehseeyes.blogspot.com/2008/05/icsi-15-months-managementapprentice.html
Source: ICSI Notification & Website

The Council of the Institute has approved the following decisions
pertaining to training of the students of the Company Secretaryship
Course.:
A) 15 months training with Law Firms, Consultancy Firms,
Financial Institutions
The Council of the Institute has allowed imparting 15 months
training by Law Firms, Consultancy Firms and Financial
Institutions. Earlier they were allowed to impart training for 6
months only. Further the Council has removed the criteria of
standing, minimum number of partners and fixed assets for
registration of Law Firms and Consultancy Firms and approved the
revised guidelines for registration of Law Firms, Consultancy
Firms, Financial Institutions for imparting 15 months training
which is available at training link on the website of the Institute
www.icsi.edu.
B) Removal of requirement of remitting fee of ₹ 50/-with
Apprenticeship Agreement by the Practising Company
Secretaries
The Council has removed the requirement of remitting a fee of
₹ 50/- by the PCS towards registration of apprenticeship training
of the students.
C) 15 days with any one specialised agency:
The Council has also allowed undergoing training of 15 days with
any one specialised agency as prescribed under Regulation 50 (b)
of the Company Secretaries Regulations, 1982, with the broking
firms/ companies, Law firms, Universities (recognized by UGC),
Merchant Bankers, Mutual Funds, Insurance Companies, SMEs,
Industry Associations/ Chambers of Commerce, all Ministries,
SEBI, IRDA, TRAI, CCI, Courts, Tribunals and other quasi-judicial
bodies

Wednesday, February 10, 2010

Websites/Blogs/astrology predictions or advice/Newspaper Advertisements/SMS’s/Emails/rumours NO Papa...Only SEBI Registered Intermediaries for Investments

SEBI PR No.36/2010 dated 10th February 2010

Caution to investors

Securities and Exchange Board of India (SEBI) is a regulatory body established by an Act of Parliament to protect the interests of investors in the securities market, to promote the development of, to regulate the securities market and for matters connected therewith or incidental thereto.

The following caution is issued by SEBI in the interest of investors.

SEBI has observed a proliferation of websites that offer investment advice to investors. Many of these websites offer investment advice not backed by any reasonable basis and prima facie appear to be misguiding. Investors should realize that when they follow such advice they are exposing themselves to undue risk in using unconfirmed information available on such Websites/Blogs/astrology predictions or advice/Newspaper Advertisements/SMS’s/Emails/rumours/ advice rendered through television or print media and trading tips on an intra-day basis, short term basis or long term basis. The public in general is advised not to fall prey to or be lured by such sources of information promising quick gains and unrealistic high returns. It is advised that investors should take well informed investment decisions.

The following may be borne in mind:

· Deal only with/ through SEBI registered intermediaries.

· Do not get carried away by advertisements promising unrealistic gains and windfall profits.

· Do not invest based on market rumours or unconfirmed or unauthentic news.

· Be aware that advice through television or print media does not mean that it is the opinion of the channel or publisher.

· Be extra cautious while using information available from media sources such as Websites/ Blogs/ Newspaper Advertisements/ SMS’s Emails/rumours/ advice through television or print media for information and tips for intra-day, short term or long term investing.

· Do not be guided by astrological predictions on share prices and market movements.

· Do not make investment decisions on the basis of implicit/explicit promises made by anyone.

· Do not be unduly influenced by indicative returns.

· Do not be unduly influenced by Bull Runs/Bear Runs while making investment decisions.

No prior RBI approval for ECB changes: Name of Borrower or Currency or Repayment or Bank after allotment of LRN, if other Terms are same

External Commercial Borrowings (ECB) Policy – Liberalisation vide RBI/2009-10/311 A. P. (DIR Series) Circular No.33 dated 9th February 2010
As per the extant ECB procedures, any changes or amendment in the terms and conditions of the ECB after obtaining the Loan Registration Number (LRN) from the Department of Statistics and Information Management (DSIM), Reserve Bank, require the prior approval of the Reserve Bank. Accordingly, the requests of the borrowers for changes in the terms and conditions, such as, drawdown / repayment schedules, currency of borrowing and changes in designated AD bank, name of the borrowing company, etc. are referred to the Reserve Bank for necessary approval.

As a measure of simplification of the existing procedures, it has been decided to delegate powers to the designated AD category-I banks to approve the following requests from the ECB borrowers, subject to specified conditions:
a) Changes / modifications in the drawdown / repayment schedule (maintaining Average Maturity Period)
Designated AD Category – I banks may approve changes / modifications in the drawdown / repayment schedule of the ECBs already availed, both under the approval and the automatic routes, subject to the condition that the average maturity period, as declared while obtaining the LRN, is maintained. The changes in the drawdown / repayment schedule should be promptly reported to the DSIM, Reserve Bank in Form 83. However, any elongation / rollover in the repayment on expiry of the original maturity of the ECB would require the prior approval of the Reserve Bank.
b) Changes in the currency of borrowing (with same terms)
Designated AD Category I banks may allow changes in the currency of borrowing, if so desired, by the borrower company, in respect of ECBs availed of both under the automatic and the approval routes, subject to all other terms and conditions of the ECB remaining unchanged. Designated AD banks should, however, ensure that the proposed currency of borrowing is freely convertible.
c) Change of the AD bank (with NoC & Due Diligence)
Designated AD Category - I banks may allow change of the existing designated AD bank by the borrower company for effecting its transactions pertaining to the ECBs subject to No-Objection Certificate (NOC) from the existing designated AD bank and after due diligence.
d) Changes in the name of the Borrower Company  (with Evidence)
Designated AD Category - I banks may allow changes in the name of the borrower company subject to production of supporting documents evidencing the change in the name from the Registrar of Companies (Name Approval Letter [pursuant to e-form 1A] with Fresh Certificate of Incorporation [pursuant to e-form 1B]).

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

To know, all about ECB http://yehseeyes.blogspot.com/search/label/RBI%20FEMA%20ECB

Friday, February 5, 2010

FDI in NBFC-Statutory Auditors Certification-half yearly within 1 month to RBI R.O.

Compliance with FDI norms-Half yearly certificate from Statutory Auditors of NBFCs

NBFCs having Foreign Direct Investment (FDI) whether under automatic route or under approval route have to comply with the stipulated minimum capitalisation norms and other relevant terms and conditions, as amended from time to time under which FDI is permitted.

As such these NBFCs are required to submit a certificate from their Statutory Auditors on half yearly basis (half year ending September and March) certifying compliance with the existing terms and conditions of FDI. Such certificate may be submitted not later than one month from the close of the half year to which the certificate pertains, to the Regional Office in whose jurisdiction the head office of the company is registered.

Source:RBI/2009-10/304 DNBS (PD).CC. No 167 /03.10.01 /2009-10 dated 4th February 2010

Wednesday, February 3, 2010

MF Valuation of Money market & Debt securities revised from 1st July 2010 based on 91 days maturity & others

The valuation method of debt and money market instruments specified in the earlier circulars were discussed in the Advisory Committee of Mutual Funds. With a view to ensure that the value of money market and debt securities in the portfolio of mutual fund schemes reflect the current market scenario, the current provisions regarding valuation of these securities need to be modified, as under:
I. Valuation of money market and debt securities with residual maturity of upto 91 days:
All money market and debt securities, including floating rate securities,
with residual maturity of upto 91 days shall be valued at the weighted
average price
at which they are traded on the particular valuation day.
When such securities are not traded on a particular valuation day they
shall be valued on amortization basis. It is further clarified that in case of
floating rate securities with floor and caps on coupon rate and residual
maturity of upto 91 days then those shall be valued on amortization basis
taking the coupon rate as floor.
II. Valuation of money market and debt securities with residual maturity of over 91 days:
All money market and debt securities, including floating rate securities, with residual maturity of over 91 days shall be valued at weighted average price at which they are traded on the particular valuation day. When such securities are not traded on a particular valuation day they shall be valued at benchmark yield/ matrix of spread over risk free benchmark yield obtained from agency(ies) entrusted for the said purpose by AMFI.
III. Valuation of securities not covered under the current valuation policy:
In case of securities purchased by mutual funds do not fall within the current framework of the valuation of securities then such mutual fund shall report immediately to AMFI regarding the same. Further, at the time of investment AMCs shall ensure that the total exposure in such securities does not exceed 5% of the total AUM of the scheme.
AMFI has been advised that the valuation agencies should ensure that the valuation of such securities gets covered in the valuation framework within 6 weeks from the date of receipt of such intimation from mutual fund.
In the interim period, till AMFI makes provisions to cover such securities in the valuation of securities framework, the mutual funds shall value such securities using their proprietary model which has been approved by their independent trustees and the statutory auditors.
IV. Dissemination of information:
All mutual funds shall provide transaction details, including inter scheme transfers, of money market and debt securities on daily basis to the agency entrusted for providing the benchmark yield/ matrix of spread over risk free benchmark yield. Submission of data would help in daily matrix generation and would improve uniformity and accuracy of valuation in the mutual funds industry. The format in this regard is provided in SEBI Circular No.MFD/CIR/23 /066 / 2003 dated March 7, 2003.
V. Methodology for matrix of spread for marking up the Benchmark yield
In the methodology for pricing the non traded debt securities detailed in para 3(ii)(b) of SEBI Circular. MFD/CIR/ 8 / 92 / 2000 dated September 18, 2000 and para 3 of SEBI circular MFD/CIR/ no 14 / 442 / 2002 dated February 20, 2002, additional duration bucket(s) viz., 0.25- 0.5 yrs shall be provided.
VI. Consistency
All AMC’s shall ensure that similar securities held under its various schemes shall be valued consistently.
The aforesaid valuation would be applicable with effect from July 1, 2010.

Source: SEBI/IMD/CIR No.16/ 193388/2010 dated 2nd February 2010

Quarterly & Weekly reports by Depositories on Investor Compliants & Arbitration details to SEBI in prescribed formats

Disclosure of investor complaints and arbitration details on Depository (NSDL & CDSL) website
1. SEBI has received feedback from investors and investor associations to improve transparency in the ‘grievance redressal mechanism’. Based on the feedback and inputs received from them transparency in ‘grievance redressal’ is identified as a key area to augment investor protection. It is envisaged that transparency will also improve the general functioning of the market by providing investors the wherewithal to make informed choice.
2. Accordingly, it has been decided that the Depositories shall henceforth disclose the details of complaints lodged by Beneficiary Owners (BO’s)/investors against Depository Participants (DPs) in their website. The aforesaid disclosure shall also include details pertaining to arbitration and penal action against the DPs.
3. The format for the reports for the aforesaid disclosure, prepared following due deliberations and inputs from the Depositories, are given as annexure to this circular (12 pages), consisting of the following reports:
a. Report 1A: Complaints received against DPs during 2009-10
b. Report 1B: Redressal of Complaints received against DPS during 2008-
09
c. Report 1C: Redressal of Complaints received against DPs during 2009-
10
d. Report 2A: Details of Arbitration Proceedings (where Investor is a
party) during 2008-09:
e. Report 2B: Details of Arbitration Proceedings (where Investor is a
party) during 2009-10
f. Report 3A: Penal Actions against DPs during 2008-09
g. Report 3B: Penal Actions against DPs during 2009-10
h. Report 4A: Redressal of Complaints lodged by investors against Listed
Companies during 2008 -09
i. Report 4B: Redressal of Complaints lodged by investors against Listed
Companies during 2009 -10
j. The Depositories are accordingly advised to:
a. bring the provisions of this circular to the notice of the DPs, Companies and their Registrar & Transfer Agents (RTA’s) and also to disseminate the same on the website;
b. arrange to disclose details as per the aforesaid reports in their website within a period of one month from the date of this circular on a continuous basis;
c. arrange to update the aforesaid reports on a quarterly basis, except the reports 1A, which shall be updated on a weekly basis;
d. make amendments to the relevant bye-laws, rules and regulations for the implementation of the aforesaid disclosures, if necessary;
e. communicate to SEBI, the status of the implementation of the provisions of this circular in the Monthly Development Report.

Source: SEBI/MRD/ OIAE/ Dep/ Cir- 4/2010 dated 29th January 2010

Tuesday, February 2, 2010

Rs.7,500 Currency Notes per resident individual travelling abroad can take outside or bring inside India, RBI FEMA limit amendment/extended

Export and Import of Currency
Attention of Authorised Persons is invited to clauses (a) and (c) of sub-regulation (1) of Regulation 3 of Foreign Exchange Management (Export and Import of Currency) Regulations, 2000, notified vide Notification No. FEMA 6 /RB-2000 dated May 3, 2000, in terms of which, any person resident in India may take outside India or having gone out of India on a temporary visit, may bring into India (other than to and from Nepal and Bhutan) currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs.5,000 per person.
2. As part of providing greater flexibility to the resident individuals travelling abroad, the existing limits, mentioned above, have been enhanced to Rs. 7,500 per person. The Government of India, has notified vide G.S.R.548 (E) in the Gazette of India dated July 24, 2009 [Notification No.FEMA.195/2009-RB dated July 7, 2009] (copy annexed), an amendment to clauses (a) and (c) of sub-regulation (1) of Regulation 3 of the Notification referred to above.
3. Accordingly, any person resident in India,
i) may take outside India (other than to Nepal and Bhutan) currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs.7,500 (Rupees seven thousand five hundred only) per person; and
ii) who had gone out of India on a temporary visit, may bring into India at the time of his return from any place outside India (other than from Nepal and Bhutan), currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs.7,500 (Rupees seven thousand five hundred only) per person.

Source: RBI/2009-10/297 A. P. (DIR Series) Circular No. 30 & A.P. (FL/ RL Series) Circular No.06 dated 1st February 2010.

Friday, January 29, 2010

Fee Clearance & NoC NA to certain Intermediaries under SEBI

Requirement of Fee Clearance and NOC – Non applicability in
respect of certain category of members of stock exchanges

1. In terms of clause 4 (e) of SEBI Circular No.SEBI/SMD/SE/Cir-24/2003/18/06 dated June 18, 2003 members of the stock exchanges are required to obtain ‘NOC’ from SEBI through the respective stock exchanges before claiming refund of excess Base Minimum Capital from the stock exchange.
2. Further, in terms of clause 4 of SEBI Circular No.MIRSD/MSS/Cir-30/13289/03 dated July 9, 2003, members of the stock exchanges are required to obtain ‘fee clearance’ from SEBI through the respective stock exchanges for the following purposes:
(a) Change in shareholding pattern without change in control,
(b) Issue and redemption of preference shares, issue of bonus shares, and
(c) Change in directors other than designated / whole time directors
3. On a review, it has been decided that the above referred provisions of the aforesaid circulars shall, henceforth, be not applicable to the following categories of members of the stock exchanges:
(i) trading members and clearing members in the equity derivatives and currency derivatives segments
(ii) stock brokers in the cash segment who are covered under Schedule III A [payment of fees by stock brokers] of the SEBI (Stock Brokers and Sub-brokers) Regulations, 1992 and
(iii) stock brokers in the cash segment who may migrate to Schedule III A
[payment of fees by stock brokers] of the SEBI (Stock Brokers and Sub-brokers) Regulations, 1992 in future (as and when they migrate).
4. However, the stock brokers who are covered under Schedule III [payment of fees by stock brokers] of the SEBI (Stock Brokers and Sub-brokers) Regulations, 1992 will be required to comply with the above referred provisions of the aforesaid circulars.

Source: SEBI/MIRSD/Cir. No.03/2010 dated 21st January, 2010

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