[FII, Participatory Notes, Sub Account Registration,ODI, AMC & PIM by NRI, CIS]Amendment to SEBI (Foreign Institutional Investors) Regulations, 1995

Amendment to SEBI (Foreign Institutional Investors) Regulations, 1995

Thanks, Lucknow CA Group

SEBI, vide Notification dated May 22, 2008 has amended SEBI (Foreign Institutional Investors) Regulations, 1995.

The salient features of the amendments are as under:

v The policy measures on Offshore Derivative Instruments (Participatory Notes) and changes to the registration criteria specified in SEBI Press Release dated October 25, 2007 have been incorporated in the regulations.

v In order to streamline the process of registration, the Application Forms for grant of registration as a FII and Sub Account have been modified.

v An asset management company, investment manager or advisor or an institutional portfolio manager set up and/ or owned by non resident Indians (NRIs) shall be eligible to be registered as FII subject to the condition that they shall not invest their proprietary funds. This has been enabled by suitable modification to Explanation II under Regulation 13 of the said regulations.

v The type of securities in which FIIs are permitted to invest has been widened to include schemes floated by a Collective Investment Scheme.

Click to read The amended regulations

Further,

Foreign Institutional Investors & Custodians Division
Investment Management Department
Website: www.sebi.gov. in Fax: 022 26449026
Circular No. IMD/FII & C/ 28 /2008
27th May 2008

To
All Foreign Institutional Investors, and
Custodians of Securities

Dear Sir/Madam,
Undertakings for ODI activity

In partial amendment to SEBI circular reference no IMD/CUST/15/ 2004 dated April 02, 2004, the undertaking required to be provided by the Foreign Institutional Investors (FIIs) and their sub-accounts with respect to the offshore derivative instruments (ODIs) is being revised to state the following w.e.f the Monthly ODI Report from May 2008:

“We undertake that we/ our associates have not issued/ subscribed/ purchased any of the offshore derivative instruments directly to/ from Non Resident Indians/ Indian Residents.”

Further, the following statement may also be included in the monthly ODI report, henceforth

“As of ____________ *, our assets under custody (AUC) in the Indian securities market amount to Rs.________crore and the total value of outstanding offshore derivative instruments issued by us as a percentage of AUC is ____ percent.”

* last date of the monthly reporting period to be mentioned.

This circular is being issued under Regulation 20A of the SEBI (Foreign Institutional Investors) Regulations 1995.

A copy of this circular is available at the web page “F.I.I.” on our website www.sebi.gov. in. The custodians are requested to bring the contents of this circular to the notice of their FII clients.

Rajasthan - Bhilwara, Jaipur, Jodhpur and Udaipur Examination Centres ICSI sudents, Company Secretary Exam optional centres June 2008

 

COMPANY SECRETARIES Exams to be held

                                                   as scheduled FROM 2^ND TO 10^TH JUNE, 2008

 

 

The Company Secretaries (CS) Examination for the Foundation, Intermediate and Final Courses will be held from 2^nd to 10^th June, 2008 as scheduled, at 66 Examination Centres all over India and one Overseas Centre at Dubai.

 

In view of the prevailing situation in some parts of Rajasthan, students enrolled from Bhilwara, Jaipur, Jodhpur and Udaipur Examination Centres have been allowed additional option to appear from any nearby/other Examination Centre of the ICSI in India on production of Admission Certificate.

[USD20million to USD50/100million] External Commercial Borrowing (ECB) policy liberalisation [amendment]

RBI/2007-08/339 A.P.(DIR Series) Circular No.43

To

All Category-I Authorised Dealer Banks

Madam/Sir,

External Commercial Borrowings Policy: Liberalisation

Attention of Authorised Dealer Category-I (AD Category-I) banks is invited to the A. P. (DIR Series) Circular No. 5 dated August 1, 2005, A. P. (DIR Series) Circular No. 60 dated May 21, 2007 and A. P. (DIR Series) Circular No. 4 dated August 7, 2007 relating to External Commercial Borrowings (ECB).

2. Based on a review, it has been decided to modify some aspects of the ECB policy as indicated below:

(a) At present, borrowers proposing to avail ECB up to USD 20 million for Rupee expenditure for permissible end-uses require prior approval of the Reserve Bank under the Approval Route. It has been decided that, henceforth,

(i) borrowers in infrastructure sector may avail ECB up to USD 100 million for Rupee expenditure for permissible end-uses under the Approval Route;

(ii) in the case of other borrowers, the existing limit of USD 20 million for Rupee expenditure for permissible end-uses under the Approval Route has been enhanced to USD 50 million.

(b) The all-in-cost ceilings in respect of ECB are modified as follows:

Average Maturity Period	All-in-Cost ceilings over 6 Months LIBOR*
	Existing	Revised
Three years and up to five years	150 bps	200 bps
More than five years	250 bps	350 bps

s* for the respective currency of credit or applicable benchmark

The above changes will apply to ECB both under the automatic route and the approval route.

3. This amendment to ECB guidelines will come into force with immediate effect. All other aspects of ECB policy such as USD 500 million limit per company per year under the Automatic Route, eligible borrower, recognised lender, end-use of foreign currency expenditure for import of capital goods and overseas investments, average maturity period, prepayment, refinancing of existing ECB and reporting arrangements remain unchanged.

4. Necessary amendments to the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 dated May 3, 2000 are being issued separately.

5. AD Category-I banks may bring the contents of this circular to the notice of their constituents and customers concerned.

6. The directions contained in this circular have been issued under sections 10(4) and 11 (1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions/approvals, if any, required under any other law.

[FEMA]Foreign Exchange Management (Deposit) Regulations, 2000 – Amendment

Dear All,

As you may be aware of that as per existing Schedule I ( giving the permissible credits to the Non-Resident (External) Rupee (NRE) account) to the Foreign Exchange Management (Deposit) Regulations, 2000 [Notification No. FEMA 5/2000-RB dated May 3, 2000], as amended from time to time, . Further, in terms of Anti-Money Laundering guidelines [cf A. P. (DIR Series) Circular No. 14 dated October 17, 2007], FFMCs are permitted to encash foreign currency and make cash payment only up to USD 3000 or its equivalent. Amount exceeding USD 3000 or its equivalent has to be paid by way of demand draft or bankers' cheque.

RBI vide its A. P. (DIR Series) Circular No. 45 dated 30th May 2008 as a measure of liberalization and also to meet the genuine needs of the NRE account holders, it has been decided that AD Category – I banks and authorized banks may credit proceeds of 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. So, now there is no question of limit for encashment.

Thanks & Regards
--
Alagar
Investment Banking
Karvy Investor Services Limited
Chennai
Tel: 044-28151034/3445/3658
Moble: 919884731993/ 919790906827
e-mail: alagar.muthu@karvy.com

[FEMA][Revised FC-GPR, KYC report & FIRC]Reporting under FDI Scheme - Revised procedure - Amendment

Dear All,

Reporting under FDI Scheme - Revised procedure

Circular Summary by Mr. G. Thirupal, Practising Company Secretary

In a nut shell,
-Format is prescribed for Advanced Reporting
-Advanced reporting should be signed by Authorised Dealer, apart from company
-Advanced report is routed through Authorised Dealer
-KYC made must for allotments in specific format
-KYC should be signed by the remitting bank on behalf of the non resident
-FC-GPR is revised comprehensively
-Now FC-GPR should be filed with RBI directly
-Practising Company Secretaries are recognized in providing certificates.

The RBI vide its APDIR Circular No.44 dated 30th May 2008 amended provisions of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000, to modify reporting requirement through Form FC-GPR.

As you aware that In terms of para 9 (1) A of Schedule I to the Notification, Indian companies are required to report the details of the amount of consideration received for issuing shares and convertible debentures under the Foreign Direct Investment (FDI) scheme to the Regional Office of the Reserve Bank in whose jurisdiction the Registered Office of the company operates, within 30 days of receipt of the amount of consideration. Further, in terms of Para 9 (1) B of Schedule ibid, the companies are required to report the details of the issue of shares / convertible debentures in form FC-GPR, to the Regional Office concerned, within 30 days of issue of shares / convertible debentures.

Further, RBI vide its A. P. (DIR Series) Circular No.40 dated April 20, 2007 has revised FC-GPR In order to capture the details of FDI in a more comprehensive manner. The reporting framework was again reviewed and further revisions were proposed and the revised draft of form FC-GPR was placed in public domain on March 14, 2008 inviting feedback from the public. Based on the feedback received, form FC-GPR has been revised. The revised form is enclosed at Annex I. Further, a standard format for reporting of the receipt of the amount of consideration for issue of shares / convertible debentures has been prescribed as Annex II. A format for the KYC report on the non-resident investor from the overseas bank remitting the amount required to be submitted along with the form FC-GPR has also been introduced (Annex III). The KYC report should, henceforth, be submitted at the time of reporting the receipt of the amount of consideration from the non-resident investor.

Accordingly, Indian companies are required to report the details of the receipt of the amount of consideration for issue of shares / convertible debentures in Annex II, together with a copy/ies of the FIRC/s evidencing the receipt of the remittance along with the KYC report on the non-resident investor in Annex III, through an AD Category – I bank, not later than 30 days from the date of receipt of the amount of consideration. The report would be acknowledged by the Regional Office concerned, which would allot a Unique Identification Number (UIN) for the amount reported.

The details of the issue of shares / convertible debentures should, henceforth, be reported in the revised form FC-GPR (Annex I). While forwarding form FC-GPR to the Regional Office concerned, the AD Category – I bank should ensure that the UIN is correctly indicated in the form. It is also clarified that the annual report of all investments which is to be filed in Part B of the revised form FC-GPR, which is hitherto to be submitted by June 30 every year, would now have to be submitted by July 31 every year.

Thanks & Regards
Alagar
Investment Banking
Karvy Investor Services Limited
Chennai
Tel: 044-28151034/3445/3658
Moble: 919884731993/ 919790906827
e-mail: alagar.muthu@karvy.com

Agricultural Debt Waiver and Debt Relief Scheme, 2008

RBI / 2007-2008/ 330
RPCD.No.PLFS. BC.72 /05.04.02/2007- 08 - 23/5/08

The Chairman/Managing Director
All Scheduled Commercial Banks (including Local Area Banks)

Dear Sir,

Union Budget – 2008-09 – Agricultural Debt Waiver and Debt Relief Scheme, 2008

As you are aware, the Hon'ble Finance Minister, in his Budget Speech (paragraph 73) for 2008-09 has announced a debt waiver and debt relief Scheme for farmers, for implementation by all scheduled commercial banks, besides RRBs and co-operative credit institutions.

2. The detailed Scheme notified by the Government of India along with necessary explanations is enclosed. The scheduled commercial banks (including Local Area Banks) may take necessary action towards implementation of the Scheme at the earliest. The implementation of the Debt Waiver and Debt Relief Scheme should be completed by June 30, 2008.

3. Further communication in respect of this Scheme would follow.

4. In case of RRBs and co-operatives, a separate circular is being issued by NABARD.

Find the Scheme here

SEBI-Simplification of Offer Document and Key Information Memorandum of Mutual Funds Scheme

SEBI/IMD/CIR No. 5/126096/08 - May 23, 2008

To,

All Mutual Funds Registered with SEBI

Association of Mutual Funds in India (AMFI)

Sub: Simplification of Offer Document and Key Information Memorandum of Mutual Funds Scheme

1. All offer documents (ODs) of Mutual Fund schemes filed with SEBI in terms of Regulation 28 (1) of SEBI (Mutual Funds) Regulation 1996 (hereinafter referred to as Regulation) are prepared as per the format prescribed in circular dated March 31, 1998. The format for memorandum containing key information (Key Information Memorandum/KIM) of Mutual Fund schemes is prescribed in the circular dated July 28, 2004.

2. AMFI had set up a committee to examine the ways of simplification of OD and KIM to make it more reader friendly. The committee recommended that the existing OD may be split into two parts i.e. Statement of Additional Information (SAI) and Scheme Information Document (SID). SAI shall incorporate all statutory information on Mutual Fund.

3. The formats of Standard OD and KIM specified through circulars dated March 31, 1998 and July 28, 2004 respectively stand revised. Henceforth, Mutual Funds shall prepare SID, SAI and KIM in the simplified format enclosed with the circular. Contents of SID,SAI, and KIM shall follow the same sequence as prescribed in the format.

4. Applicability

i. All ODs of mutual fund schemes filed with SEBI in terms of Regulation 28 (1) on or after June 1, 2008, shall be prepared in the aforesaid format. Accordingly, the format of SID, SAI and KIM enclosed here shall be applicable for draft OD filed with SEBI on or after June 1, 2008.

ii. OD of any scheme already filed with SEBI and for which SEBI has not yet suggested modifications as required under Regulation 29 (2) shall, as far as possible, be recast in the format of the SID and SAI after receiving observations (final) from SEBI.

iii. The schemes for which the observations (final) have already been received from SEBI, can use the old format of the OD, if they are launched on or before July 31, 2008. Such schemes which are launched with the old format of the OD shall adopt the SID along with the other schemes as mentioned in clause v.

iv. A single SAI (common for all the schemes) shall be filed with SEBI as a one time filing. The SAI shall be filed along with first draft SID for any scheme filed on or after June 1, 2008. The SAI can also be filed separately in case no scheme draft SID has been filed with SEBI as soon as possible but not later than July 31, 2008. After receiving the comments, if any, from SEBI, AMC shall upload the SAI on its website.

5. The existing schemes shall adopt the SID and KIM format as soon as possible but not later than 12 months from the date of issuance of this circular. A confirmation in this regard shall be given in the half yearly trustee report.

5. Updation of SID and KIM – Henceforth, clause 1 of circular dated February 9, 2001 pertaining to 'Updating the offer document on a continuous basis' shall not be applicable. The procedure for updation of SID and KIM shall be as follows:

i. For the schemes launched in the first half of a financial year, the SID shall be updated within 3 months from the end of the financial year. However, for the schemes launched in the second half of a financial year, SID shall be updated within 3 months of the end of the subsequent financial year. (For example, for a fund launched in May, 2008 the SID shall be updated by June 30, 2009 and for a fund launched in December 2008, the SID shall be updated by June 30, 2010) Thereafter, the SID shall be updated once every year.

ii. The procedure to be followed in case of changes to the scheme shall be as under:

a. In case of change in fundamental attributes in terms of Regulation 18 (15A) SID shall be revised and updated immediately after completion of duration of exit option.

b. In case of other changes:

· The AMC shall be required to issue an addendum and display it on the website.

· The addendum shall be circulated to all the distributors/ brokers/Investor Service Centre (ISC) so that the same can be attached to all KIM and SID already in stock till it is updated.

· Latest applicable addendum shall be a part of KIM and SID. (For e.g. in case of changes in load structure the addendum carrying the latest applicable load structure shall be attached to all KIM and SID already in stock till it is updated).

· A public notice shall be given in respect of such changes in one English daily newspaper having nationwide circulation as well as in a newspaper published in the language of region where the Head Office of the Mutual Fund is situated.

· Further account statements shall continue to include applicable load structure.

iii. A copy of all changes made to the scheme shall be filed with SEBI within 7 days of the change.

iv. KIM shall be updated at least once a year and shall be filed with SEBI forthwith.

6. Updation of SAI – The procedure for updation of SAI shall be as follows:

i. Mutual Funds shall be required to prepare SAI and upload the same on their website and on AMFI website. The printed copy of the same shall be made available to the investor on request. SAI shall be updated within 3 months from end of financial year and filed with SEBI.

ii. Any material changes in the SAI shall be made on an ongoing basis by way of updation on the Mutual Fund and AMFI website. SEBI shall be intimated of the changes made in the SAI within 7 days. The effective date for such changes shall be mentioned in the updated SAI.

7. Other requirements

i. Application forms for schemes of mutual funds for which the offer documents are filed with SEBI shall be accompanied by the KIM in terms of Regulation 29 (4). KIM shall be printed at least in 7 point font size with proper spacing for easy readability.

ii. With effect from June 1, 2008, draft SID of schemes of mutual funds filed with SEBI shall also be available on SEBI's Internet site – www.sebi.gov. in for 21 working days from the date of filing. AMC shall submit a soft copy of SID to SEBI in HTML or PDF format, for this purpose. AMC shall be fully responsible for the contents of soft copies of the SID. AMC shall also submit an undertaking to SEBI while filing the soft copy of SID certifying that the information contained in the soft copy matches exactly with the contents of the hard copy.

iii. SID must reach SEBI before it is issued for circulation. If the printed SID is at variance with the SID which has been filed with SEBI and the variation is in the nature of material alteration or the suggestions made by SEBI under Regulation 29 (2), SEBI shall order immediate withdrawal of the SID from circulation and shall publicise such withdrawal of the SID.

iv. Validity of SID – The scheme shall be launched within six months from the date of the issuance of observations (final) from SEBI. If the AMC intends to launch the scheme at a date later than six months, a fresh SID under Regulation 28 (1) alongwith filing fees shall be filed with SEBI. Further, it is clarified that the mutual funds must file their replies to the modifications suggested by SEBI on draft SID as required under Regulation 29 (2), if any, within six months from the date of the letter. In case of lapse of six-month period, the mutual funds shall be required to file fresh SID alongwith filing fees.

8. Standard Observations – In order to ensure minimum level of disclosures in the SID and SAI, the revised and updated format of Standard Observations as on date of issuance of this circular are enclosed. SEBI may revise the Standard Observations from time to time and in that case the date of revision shall also be mentioned. While filing the SID and SAI, AMC shall highlight and clearly mention the page number of the SAI and SID on which each standard observation has been incorporated.

9. Easy Availability of Offer Document – It has been observed that the ODs are not readily available with all distributors/ISCs of Mutual Funds and investors find difficult to get the same. Trustees and AMCs shall ensure that the SID of the schemes and SAI are readily available with all the distributors/ISCs and confirm the same to SEBI in the half yearly trustee report.

10. SEBI circulars IMARP/MF/CIR/ 06/793/98 dated March 31, 1998, MF/CIR/12/109/ 2000 dated February 22, 2000, MFD/CIR No.2 / 205 /01 dated April 27, 2001, MFD/CIR/ 06 / 275 / 2001 dated July 9, 2001 and SEBI/IMD/CIR No.10/16521/ 04 dated July 28, 2004 stand withdrawn.

11. This circular is issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992, read with the provisions of Regulation 77 of SEBI (Mutual Funds) Regulations, 1996, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Corporate Legal Quiz & Company Secretary (ICSI) exams

Yes,

Exams r very nearing.

Now, refresh your memory, start popping up with answers. Its all on Corporate Laws.

Professional Colleagues, please "add your question & answers" for CS friends benefit.



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Keep quizzin...

Two Indian cos cannot seek international commercial arbitration - SC

Two Indian cos cannot seek international commercial arbitration - SC

Thanks Mr. Dattari of CS Mysore group for this information.

The Supreme Court has ruled that two Indian companies locked in a dispute cannot seek international commercial arbitration, as it tantamounts to condoning the home country's law.

While dismissing a plea by TDM Infrastructure Pvt Ltd for international commercial arbitration (ICA), a bench headed by Justice S B Sinha said: "A companyincorporated in India can only have Indian nationality... Hence, where both parties have Indian nationalities, then the arbitration between such parties cannot be said to be an ICA."

Stating that determination of nationality of the parties played a crucial role in the matter of appointment of an arbitrator, the court said the Chief Justice of India or his designate must bear in mind the nationality of an arbitrator.

Noting that the domicile of a company being an artificial person would depend upon the nature and purport of the statute, it said the nationality of a company is determined by the law of the country in which it is incorporated and from which it derives its personality.

However, for the purpose of taxation, test of residence may not be registration, but where the company does its real business and where the central management and control exists.

"The intention of the legislature appears to be clear that Indian nationals should not be permitted to derogate from Indian law. This is part of the public policy of the country," Justice Sinha observed, adding a distinction, thus, exists in law between a nationality and the residence.

Company Secretary (CS) exams, All the Best!

Yes CS friends,

You are going to enjoy the season, exams are nearing. Get only the positive vibes. Your aim is only to attend the exams at your best. Forget everything, now hero is you & the heroine is your CS exams, atleast till the end of your last exam.

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Wishing you all the very best, Results are force majeure (act of God), so, the only thing, you have to do is, write your exams to your fullest satisfaction.

I feel the enclosed articles, which was publised in CS Mysore 52nd Newsletter may be helpful, as a last minute enthusiaser for & during the exams.

You may access the same following, Enjoy Passing.

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ICSI 15 months Management/Apprentice Training/Exemption, 5 days TOP, 15 days MSOP, 15 days RoC/SE, 25 hours PDP, procedures, formats & regulations

Yes,

Thanks Mr. R. Anand for helping me to make this presentation on CS-Training & Details.

hmmm... I felt this... what is this, Training? When to do? Can I get exemption? Whom to consult? Which regulation to read? What are these jargons - SIP, EDP, PDP, MSOP [its not TOP, ADP, SMTP anymore] RoC/Stock Exchange Training... Who has to do all these? Can I get exemption for whole 15 months or partial exemption? Why to undergo, that 3 months Training? PCS or Co., which is better? How do I find the list of Companies/PCS imparting Training? What if company is not registered? Is there any any minimum Capital Requirement? Which form do I need to submit for Training or its Exemption. Agreement with Practising Company Secretaries, but how? Whether my Appointment Letter itself will do!

Contact ICSI Noida Office @ 011-25781672 for any queries.

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CS Inter/Executive Program Group/Module II - Securities Law - Ultimate Ready Revision Notes

Yes,

Thanks Mr. CS Madhwesh K of CS Mysore Group for sharing this very valuable piece of information, that too @ a very right time, to help CS Inter (Executive) friends for their Securities Law preparation and believe me, even this article will be very much helpful for CS Final friends and other professionals to brush up their knowledge in various acts, rules & regulations pertaining to Capital Markets.

Really, it will guide you through in last minute preparations.

For - ICSI - Inter (Executive Program)- Group(Module) - II - Securities Law Paper. Yes, the Company Secretaries & Securities Law.

This covers an overview (summary) of,
- SEBI Act;
- SCRA;
- Depositories;
- Primary Market Intermediaries;
- Secondary Market Intermediaries;
- SEBI (Disclosure & Investor Protection - DIP) Guidelines & others;
- Various types of Capital Market Instruments;
& much more, that too, in a most interesting way & format.

Yes, Enjoy Studyin & that will give you a license to Automatic Passin...Vj

You can relish the same in Securities Law - An Interesting Presentation

Do Comment your understandin...Vj