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Monday, May 25, 2009

SEBI clarification mandating to submit PAN card copy for registration of transfer of shares of a listed company

SEBI mandates submission of PAN card copy even for registration of physical transfer of share certificates of a listed company.

 

The Securities and Exchange Board of India (SEBI) vide circular ref. no. MRD/DoP/Cir-05/2007 dated April 27, 2007 made PAN the sole identification number for all participants transacting in the securities market, irrespective of the amount of such transaction.

In continuation of the aforesaid circular, it is hereby clarified that for securities market transactions and off-market/ private transactions involving transfer of shares in physical form of listed companies, it shall be mandatory for the transferee(s) to furnish copy of PAN card to the Company/RTAs for registration of such transfer of shares.

 

Source: PAN requirement for transfer of shares in physical form

Sunday, May 24, 2009

SEBI IEPF notified to protect investors with 14 regulations, 2009, which also amends forfeiture of escrow in Takeover code

Securities and Exchange Board of India (Investor Protection and Education Fund) Regulations, 2009 by way of Notification No. LAD-NRO/GN/2009-10/05/163525 dated 19th May 2009 with immediate effect.

 

Yes, SEBI calls IEPF (under MCA) as IPEF by this regulation which has 14 regulations, divided into V Chapter with a Schedule for the purpose of listed companies.  Understand the said regulation now.

 

Reg 2(1)(e) ->‘Fund’ means the Investor Protection and Education Fund (IPEF) created by SEBI u/s. 11 (functions) of the SEBI Act.

As per Regulation 3, the Fund shall be deemed to have been established on 23rd day of July, 2007, by the order made by the Board under section 11 of SEBI Act.

 

Reg 2(1)(g) ->‘Legal proceedings’ MEANS any proceedings before a court or tribunal where 1000 (one thousand) or more investors are affected or likely to be affected by:-
(i) mis-statement, misrepresentation or omission in connection with the issue, sale or purchase of securities;
(ii) non-receipt of securities allotted or refund of application monies paid by them;
(iii) non-payment of dividend;

(iv) default in redemption of securities or in payment of interest in terms of the offer document;
(v) fraudulent and unfair trade practices or market manipulation;
(vi) such other market misconduct which in the opinion of the Board may be deemed appropriate;
BUT DOES NOT INCLUDE any proceeding where the Board is a party or where SEBI has initiated any enforcement action.

 

Reg 4 - The following amounts shall be credited to the Fund:-
(a) contribution as may be made by SEBI to the Fund;
(b) grants and donations given to the Fund by the Central Government, State Government or any other entity approved by the for this purpose;
(c) proceeds in accordance with the sub-clause (ii) of clause(e) of sub-regulation (12) and the sub- regulation (13)of regulation 28 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers-sast) Regulations, 1997;
(d) security deposits, if any, held by stock exchanges in respect of public issues and rights issues, in the event of de-recognition of such stock exchanges;
(e) amounts in the Investor Protection Fund and Investor Services Fund of a stock exchange, in the event of de-recognition of such stock exchange;
(f) interest or other income received out of any investments made from the Fund;
(g) such other amount as SEBI may specify in the interest of investors.

 

Reg 5 (1) The Fund shall be utilised for the purpose of protection of investors and promotion of investor education and awareness in accordance with these regulations.
(2) Without prejudice to the generality of the object in sub-regulation (1), the Fund may be used for the following purposes, namely:-
(a) educational activities including seminars, training, research and publications, aimed at investors;
(b) awareness programmes including through media - print, electronic, aimed at investors;
(c) funding investor education and awareness activities of Investors’ Associations recognized by SEBI;
(d) aiding investors’ associations recognized by the Board to undertake legal proceedings in the interest of investors in securities that are listed or proposed to be listed;
(e) refund of the security deposits which are held by stock exchanges and transferred to the Fund consequent on derecognition of the stock exchange as mentioned in Regulation 4(d) in case the concerned companies apply to SEBI and fulfill the conditions for release of the deposit subject to Regulation 6.
(f) expenses on travel of members of the Committee, who are not officials of SEBI, and special invitees to the meetings of the Committee, in connection with the work of the Committee;
(g) salary, allowances and other expenses of office of Ombudsman; and
(h) such other purposes as may be specified by the Board.

 

Reg 6 - The aid to investors’ associations, as referred to in clause (d) of sub-regulation (2) of Regulation 5, shall be given by SEBI in accordance with the guidelines made by it and subject to the following conditions:-
(a) that the aid shall not exceed 75% of the total expenditure on legal proceedings;
(b) such aid shall not be considered for more than one legal proceeding in a particular matter;
(c) if more than one investors’ association applies for seeking legal aid, the investors’ association whose application is received first, shall be considered for such aid.

 

Reg 7, 8, 9 & 10 deals with the constitution of Advisory Committee, its functions, meetings and meeting the expenses.

 

Reg 11 – The Accounts of the fund shall be maintained in accordance with the SEBI(Form of Annual Statement of Accounts and Records) Rules, 1994 as far as such rules apply, which shall be audited within 6 months of Financial Year.

 

Reg 12 & 13 deals with relaxation of regulation & delegation.

 

Reg 14 read with the Schedule to the Regulation deals with amendment to Regulation 28 of SEBI Takeover Code, which is as under:

(a) in sub-regulation (12) , for clause (e) , the following shall be substituted, namely:-
“(e) the entire amount to the merchant banker, in the event of forfeiture for nonfulfillment of any of the obligations under the Regulations, for distribution in the following manner, after deduction of expenses, if any, of the merchant banker and
the registrars to the offer, -
(i) one third of the amount to the target company;
(ii) one third of the amount to the Investor Protection and Education Fund established by the Board;
(iii) one third of the amount to be distributed pro-rata among the
shareholders who have accepted the offer.”
(b) in sub-regulation (13) , for the words “to the regional stock exchange of the target company, for the credit of the Investor Protection Fund or any other similar fund” appearing after the words “ proceeds thereof” the words “to the Investor Protection and Education Fund established by the Board” shall be substituted.

Tuesday, May 19, 2009

10&12th Standard Marks for 100% Company Secretary Course fees, says ICSI by Students Education Fund Trust scheme-60/75/90%

The Council of the Institute of Company Secretaries of India (ICSI) in its 182nd meeting held on 31.08.2008 has approved creation of ‘ICSI Students Education Fund Trust’ (for details, click here) to financially assist the economically backward students as part of its social responsibility & to promote/ encourage academically bright students to attract the best available talent to the profession.

STAGE

CATEGORIES OF STUDENTS / ELIGIBILITY CRITERIA

For Students with Family Income below Rs.60,000 per annum

For Students with Family Income above Rs.60,000 but below Rs.1,00,000 per annum

For Academically Bright Students without any limit on their Family Income

Foundation Programme

60% Marks in both Matriculation & Senior Secondary Stages

75% Marks in both Matriculation & Senior Secondary Stages

90% Marks in both Matriculation & Senior Secondary Stages

Executive Programme

60% Marks in both Matriculation & Senior Secondary Stages and  60% Marks in Bachelor’s Degree Stage

75% Marks in both Matriculation & Senior Secondary Stages and 60% Marks in Bachelor’s Degree Stage

90% Marks in both Matriculation & Senior Secondary Stages and 85% Marks in Bachelor’s Degree Stage

ECONOMICALLY BACKWARD STUDENTS WITH GOOD ACADEMIC RECORD &  ACADEMICALLY BRIGHT STUDENTS

Economically backward students securing 60% 0r 75% marks (as above) should submit the Income Certificate issued by the competent authority of the State / Central Government should be submitted.

Academically bright students & Economically backward students (without furnishing income certificate) may become eligible students under this scheme provided they secure 90% marks (as above).

Eligible Students shall be fully exempted from paying the Registration/ Admission Fee, Postal Tuition Fee, Exemption Fee and other fees normally required to be paid by the students at the time of admission & examination fees for the first attempt and first available opportunity to appear for CS exams.

This applies for the eligible students from Senior Secondary Stage to CS Foundation Programme and

  • also for such students, the exemption from paying the Registration/ Admission Fee, Postal Tuition Fee, Exemption Fee and other fees normally required to be paid by the students at the time of admission to CS Executive Program PROVIDED they also pass CS Foundation Programme at their first attempt and first available opportunity to appear for CS exams.
  • also for such students, the exemption from paying the Registration/ Admission Fee, Postal Tuition Fee, Exemption Fee and other fees normally required to be paid by the students at the time of admission to CS Professional Program PROVIDED they also pass CS Executive Programme at their first attempt and first available opportunity to appear for CS exams.
  • SUBJECT TO OTHER SCHOLARSHIPS, if any.

     

    Students desirous of availing the financial assistance may submit their application in the prescribed format (please click here) along with all supporting documents, including Income Certificate & enclose copies of all relevant documents / certificates / marks sheets, duly attested by a Gazetted Officer/Member of the Institute to Director (Student Services), The Institute of Company Secretaries of India , C-37, Sector – 62, Noida – 201 309.

    I think, soon one can see, school students aiming their marks to get Company Secretary Course fee exemption, saying, I got This Much & I aim to become a Company Secretary !!! (like Doctors / Engineers having Cut-off marks)

    Enjoy CS Studies & Updates…Keep readin…

SEBI NISM Currency Derivatives Exam through BSE/NSE/MCX for brokers made mandatory to operate in securities market

Notification under Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007

SEBI Notification No. LAD/NRO/GN/2009-10/04/163097 dated 13th May 2009

 

Yes, now Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets), Regulations, 2007 is made mandatory for approved users and sales personnel of trading members of the Currency Derivatives Segment of recognized stock exchanges vide SEBI (stock broker & sub broker) Regulations, 1992 to have a certification as per Notification NISM/Certification/Series-I: CD/2009/1 dated May 11, 2009 as conducted by National Institute of Securities Markets (NISM) of SEBI (Read FAQ) and anyone can register for this certification through Bombay Stock Exchange (BSE) or National Stock Exchange (NSE) or Multi Commodity Exchange (MCX).

 

FURTHER from the date of this notification a trading member of the Currency Derivatives Segment of a recognised stock exchange shall not engage or employ any approved user or sales personnel who does not have valid Series-I: CD certification by 10th August 2009.

 

The exams can be give in most of cities, refer relevant notification of stock exchange, for instance, click here for BSE.  For detailed Test Objectives for the NISM-Series-I: CD Examination click here or Annexure I and II.

Friday, May 15, 2009

Publishing, Printing – manufacture/service under Micro Small Medium Enterprises (MSMED) Act,2006 clarified

Categorisation of activities under manufacture or service under the MSMED Act, 2006

Whether Printing is a manufacture / service?  Whether Publishing is manufacture or service?

This always remained as a moot point, while categorising under MSMED Act, which provides different limits (link) for manufacturing and servicing industries.

Now, the Ministry of Micro, Small & Medium Enterprises has clarified that,

Manufacturing

  • Printing OR
  • Printing & Publishing, as an integrated unit.

Service – Publishing.

Thus publishing per se is not manufacturing unless printing is also involved.  Printing per se is manufacturing.  Publishing per se is service.

Source: No.5(6)/2/2009-MSME POL dated 08/05/2009

As you know [MSMED]Small Scale Industry definition only under MSMED Act for IDRA too.

To understand all the notifications of industry, read Industries DIPP updates

Now, read in mail Subscribe to Blog

Wednesday, May 13, 2009

Understand 30 clauses of debt securities listing agreement with 2 parts & 5 annexures under securitised debt instruments regulations, 2008

Simplified Listing Agreement for Debt Securities

SEBI/IMD/BOND/1/2009/11/05 dated May 11, 2009

as amended SCRA enables, SEBI (Public Offer and Listing of Securitised Debt Instruments) Regulations, 2008 from 26 may 2008 onwards, SEBI has issued Listing Agreement for debt securities w.e.f. 11th May 2009.

As per Regulation 2(1)(e) of the said regulations, Debt Securities MEANS a non-convertible debt security,

  • which create/acknowledge indebtedness AND INCLUDES,
  • debentures/bonds/other securities of body corporate/statutory body,
  • whether constituting CHARGE on the assets OR not, BUT EXCLUDES,
  • bonds issued by Government, Security Receipts (SR) & Securitised Debt Instruments.

The said listing agreement is divided into 2 parts with 30 clauses and 5 annexures.  Kindly note dematerialisation of securities is a pre-condition to listing as per Clause 24.

Part A - Minimum Incremental Disclosures, when equity of the issuer company is listed [Clauses 1 to 11].

Part B – Detailed Disclosures (though fewer than Equity Listing), in all other cases [Clauses 12 to 30].

Part A

(in case issuer’s equity securities are listed)

  1. Issuer may, subject to the consent of the debenture trustee, send the information stipulated in Clause 2(a) to (d) in electronic form/ fax.  Issuer (NOT, bank/NBFC) to submit within 1 month a half yearly certificate regarding maintenance of 100% security cover in respect of listed secured debt securities as certified by Practising Company Secretary or practising Chartered Accountant.

  2. Issuer (NOT, bank/NBFC) shall disclose EPS along with debt service coverage ratio & interest service coverage ratio in accordance with Clause 4 read with Annexures I, II & III in half yearly/annual results.

  3. Issuer to create and maintain security ensuring 100% security cover for listed secured debt securities at all times as per Clause 5.

  4. Issuer to send half-yearly report to Stock Exchange WITHIN 1 month of September & March, the details of payment of principal interest, alongwith such other details as per Clause 6.

  5. Issuer to use ECS/RTGS/NEFT for the purpose of interest/redemption/repayment and also intimate the expected default as soon as it becomes apparent as per Clause 7 & 8.

  6. Issuer to credit DEMAT account of allottees WITHIN 2 working days of allotment as per Clause 9.

  7. In case of public issue & listing of debt securities, allotment or refund orders shall be given WITHIN 30 days of closure of public issue or pay interest @ 15% p.a. as per Clause 10.

Part B

(in case of NO listed equity securities or on delisting of equity securities)

  1. Issuer to transfer unclaimed interest to IEPF and redeem listed securities on pro rata basis or by lots, UNLESS the issue provides otherwise as per Clause 12.
  2. Issuer may, subject to the consent of the debenture trustee, send
    the information stipulated in Clause 13(a) to (d) in electronic form/ fax.  Issuer (NOT, bank/NBFC) to submit within 1 month a half yearly certificate regarding maintenance of 100% security cover in respect of listed secured debt securities as certified by Practising Company Secretary or practising Chartered Accountant.
  3. Issuer agrees to send copies of Director’s Annual Report, Balance Sheet and Profit and Loss Account to Debenture Trustees, Stock Exchanges & on request to debt security holders as per Clause 15.
  4. Issuer to use ECS/RTGS/NEFT for the purpose of interest/redemption/repayment and issue ‘payable-at-par’ warrants/ cheques for payment of interest and redemption and comply with such other requirements of SEBI/SCRA as per Clause 16.
  5. Issuer to credit DEMAT account of allottees WITHIN 2 working days of allotment as per Clause 17.
  6. In case of public issue & listing of debt securities, allotment or refund orders shall be given WITHIN 30 days of closure of public issue or pay interest @ 15% p.a. as per Clause 18.
  7. Issuer shall promptly notify stock exchange of any change that would affect the rights and obligations of the holders of debt securities and any other information having bearing on the operation/performance of the Issuer as well as price sensitive information, including Clause 19 (a) to (n).
  8. In case of book closure/record date, 7 clear working days advance notice to be given to stock exchange as per Clause 20.
  9. Issuer to intimate any intention to issue new debt securities and also make listing application for the same.  Any material modification in terms of debentures requires prior approval of Stock Exchange as approved by Board of Directors & Debenture Trustees [Clause 21].
  10. As per Clause 22, Issuer to designate the Company Secretary or any
    other person as Compliance Officer.
  11. Annual listing fees to be paid on or before 30th April every year [Clause 23].
  12. Issuer to send notice of meetings & half-yearly report to Stock Exchange WITHIN 1 month of September & March, the details of payment of principal interest, alongwith such other details as per Clause 27.
  13. As per Clause 28, Issuer to give Annual Disclosures in Annual Report with respect to its parent & subsidiary companies along with Cash Flow Statement in accordance with AS-3.
  14. The Issuer shall,  [Clause 29]
    • WITHIN 48 hours of the conclusion of the Board/Council/Sub Committee Meeting, publish the unaudited financial results in at least one English daily newspaper (which is signed by MD/Executive Director). 
    • Furnish Unaudited Financial Results (Ann I/II/III) to Stock Exchange WITHIN 1 month of half-year.
    • Furnish Limited Review Report (Ann IV/IV) by statutory auditors (PCA for Public Sector) to Stock Exchange WITHIN 1 month of the month of publication of Unaudited financials.
    • Issuer has the option to furnish audited report WITHIN 3 months of financial year (for last half-year) with advance intimation to stock exchange.
    • address qualifications in audit report, if any.

Issuer shall comply with the said agreement and all provisions of  securities laws.  ‘Securities Laws’ mean the SEBI Act, 1992, the Securities Contracts (Regulation) Act, 1956, the Depositories Act, 1996 and the provisions of the Companies Act, 1956 which are administered by SEBI under section 55A thereof, the rules, regulations, guidelines etc. made under these Acts and the Listing Agreement for debt securities.  Issuer also has the option to apply for relaxation of strict enforcement of provisions, in which case Stock Exchange may grant exemption with prior approval of SEBI.

Thus, now Debt Securities has a separate regulation and separate listing agreement.

[SEBI]Portfolio manager shall not maintain pool accounts after 10th May 2009&to keep client’s listed securities separately or stop dealing

Portfolio Managers shall keep every client’s listed securities separately on or before 10th May 2009 OR stop undertaking new clients for portfolio management services and submit monthly progress reports till they become fully compliant.

From 10th May 2009 onwards all the POOL ACCOUNTS of clients securities shall be FROZEN and there shall be NO fresh purchases EXCEPT FOR selling or transferring securities from the said account.

 

As per Regulation 16(8) of SEBI (PORTFOLIO MANAGERS) (AMENDMENT) REGULATIONS, 2008, every portfolio manager shall segregate each clients' listed securities and keep them separately before 10th February 2009, further, the second provisio to this regulation empowers SEBI to relax the said provision.  SEBI vide Circular No. IMD/CIR No.1/155740/2009 dated February 27, 2009 has extended the said time limit to 10th May 2009 and also mandated to furnish a compliance report to SEBI within a week of expiry of the above deadline.

Further, it stated that any non compliance after the extended period may attract penal action under the provisions of the SEBI Act, 1992 and the regulations framed there under.

In continuation of the above, SEBI vide circular no. IMD/PMS/2/2009/11/05 dated May 11, 2009 has been decided that those portfolio managers, who have not complied with the said requirement of Regulation 16(8) by the said deadline of May 10, 2009, shall immediately STOP undertaking new clients for portfolio management services till the time they become fully compliant with the said requirements.  Such portfolio managers shall submit a monthly progress report in regard to status of compliance.

Post the deadline of May 10, 2009, portfolio managers are also advised to comply with the following:
1. Client securities which are held in a pool account as on May 11, 2009 shall be frozen with respect to any further transactions.
2. Selling of securities, however, from such pool account shall be permitted
3. Transfer of securities from such pool account to respective client’s account shall also be permitted.
4. No fresh purchases on behalf of such clients should be made.
The above is without prejudice to SEBI’ s rights to take such actions against them for the said non-compliance as may be deemed appropriate in the matter.

Source: SEBI vide circular no. IMD/PMS/2/2009/11/05 dated May 11, 2009

[SEBI]FII allocation of government debt investment limit&link to FII section in SEBI website

This is in continuation of SEBI FII notification regarding allocation of debt investment limits vide FII’s rush with your debt request to SEBI tonight when clock ticks 23-59 PM IST

In the said notification, SEBI allocated USD 8 billion (out of 15 billion) limit as allotted to FII for debt investment through an open bidding platform as provided by Stock Exchanges as per Clause 3 of SEBI circular No. IMD/FII & C/37/2009 dated February 06, 2009.

As per Clause 3(h) of the said circular, no single entity shall be allocated more than Rs 10, 000 crores of the investment limit.  SEBI vide circular No. IMD/FII & C//2009 dated 12th May, 2009 has decided that,

  • Unutilised investment limits for Government debts shall also allocated through open bidding platform as provided by Stock Exchanges as said above.
  • No single entity shall be allocated more Rs.1,000 crores of the Government debt investment limit.

Source: SEBI vide circular No. IMD/FII & C//2009 dated 12th May, 2009

All the SEBI circulars on Foreign Institutional Investors (F.I.I/FII) is available in the FII section of SEBI website which can be accessed through http://www.sebi.gov.in/Index.jsp?contentDisp=Department&dep_id=10

Sunday, May 3, 2009

New Chairperson & Members are appointed for Competition Commission of India from 2009 onwards


Appointment of Mr. Dhanendra Kumar, Chairperson, CCI from 28th February 2009 for a period of 5 years or attaining 65 years by way of Notification S.O. 870(E) dated 27 March 2009

Appointment of Shri Harish Chandra Gupta, Member, CCI from 28th February 2009 for a period of 5 years or attaining 65 years by way of Notification S.O. 869(E) dated 27 March 2009

Appointment of Shri Ratneshwar Prasad, Member, CCI from 1st March 2009 for a period of 5 years or attaining 65 years by way of Notification S.O. 868(E) 27 March 2009

 

The terms & conditions of appointment as per Salary and allowances payable to Chairperson and Members of CCI as amended by Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003 (Amendment)

Company Secretary (ACS) exam admit card/hall ticket for June 2009 exams – how to

Hope you would have got your Admit Card or Hall tickets for CS Foundation Programme, CS Executive Programme or CS Professional Programme exams by now.

The CS Admit Card issued by ICSI gives you the details of Roll Number, Examination centre and the details of the exams that you are allowed to write along with the Date of the Exams.

So, its the time to wish all the best!!! Just be confident of your preparations now, irrespective of how much you have studied.  Just make sure, you spend 3 hours of your time for every exam with 100% concentration and every exam is independant of each other.  The performance of one exam has connection to the performance in the other exam.  So, simply give your best for each & every exam.  Its Only This Much!!!

For those, who have not got the same, not to panic! there is a very easy way to download, which is valid for Exams too from ICSI site itself. Just you have to know your ICSI registration number. (Enter Either Registration number or Roll Number) 17 Digit Registration No (Third character is Zero and not "O") and you will get your Admit Card Extract.

Now, click here to get your Admit Card Examination Enrollment Admit Card Extract

If you are not able to access the above link, click http://icsi.edu/Student/Queries/tabid/1587/Default.aspx and then click “Admit Card Extract Link”.

Enjoy passin…Vj

Thursday, April 30, 2009

Case studies & problems on tax law, financial management, company, economic, labour&general laws (with solutions)

Yes, I believe you would have read tax notes from Tax law notes for Company Secretary (ICSI) executive program exams

Now, do you like to solve from direct taxation (Income Tax) problems for your CS Executive Program Module-1 (Tax Laws) paper???

 

If yes, your problem solving is solved by Mr. GK Raju through his blog http://gkr8164.blogspot.com/.  The blog contains numerous problems to workout.  Kindly note, it also includes problems & solutions from Service Tax, Sales Tax, etc…

 

CS Professional Exam friends too can enjoy solving Financial, Treasury & Forex Management (FTFM – Module 2) problems & solutions from the same.  Hopefully, you would have also read CS Final Financial, Treasury & Forex Management [FTFM] Notes & Study in a nutshell, to win Exams

 

Further, do you like to solve practical case studies on various laws, including, Company Law, Economic Law, Labour Law and anyother General Law, then the best place to enjoy learning is   Mr. Tejpal Sheth’s blog http://tejpalsheth.blogspot.com/ which is having a really good collection of interesting practical aspects to make learning, very interesting.

 

Enjoy passin…

Wednesday, April 29, 2009

[FEMA]Non-resident Depositors/Any can get loan upto 100 lakhs against NR(E)RA & FCNR(B) deposit accounts now

Foreign Exchange Management (Deposit) Regulations, 2000- Loans to Non Residents / third party against security of Non Resident (External) Rupee Accounts
[NR (E) RA / Foreign Currency Non Resident  (Bank) Accounts [FCNR(B)] -Deposits

RBI/2008-09/462 A. P. (DIR Series) Circular No.66 dated 28th April 2009

The banks may now grant loans against NR(E)RA and FCNR(B) deposits either to the depositors or third parties up to a maximum limit of Rs.100 lakh (erstwhile Rs.20 lakhs). The banks are also advised not to undertake artificial slicing of the loan amount to circumvent the aforesaid ceiling.

 

To understand the erstwhile provision, kindly look into Para 6 (a), (b), (c) and (d) of Schedule 1 and Para 9 of Schedule 2 to Foreign Exchange Management (Deposit) Regulations, 2000 notified vide Notification No. FEMA 5 / 2000-RB dated May 3, 2000, as amended from time to time regarding loans against security of funds held in deposit accounts. Further, attention of the banks is also invited to A. P. (DIR Series) Circular No.29 dated January 31, 2007 prohibiting banks from granting fresh loans or renewing existing loans in excess of Rs.20 lakh against NR(E)RA and FCNR(B) deposits either to the depositors or third parties. The banks were also advised not to undertake artificial slicing of the loan amount to circumvent the ceiling.

 

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