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January 3-4, 2018
CORPORATE
RBI
RBI issues Master Directions on Foreign
Investments in India
RBI vide Notification dated 4th January, 2018
has issued Master Directions on Foreign
Investments in India. The Master Direction
lays down the modalities as to how the
foreign exchange business has to be
conducted by the Authorised Persons with
their customers/ constituents with a view to
implementing the regulations framed. A
person resident outside India may hold,
own, transfer or invest in a security in India
if such security was acquired, held or owned
by such person when he was resident in
India or inherited from a person who was
resident in India. Such investment will be
held by such person on a non-repatriable
basis.
https://rbi.org.in/Scripts/NotificationUser.
aspx?Id=11200&Mode=0
RBI permits overseas branches/subsidiaries
of Indian banks to refinance ECBs
RBI vide Circular dated 4th January, 2018 has
eased out the norms for refinancing of
External Commercial Borrowings (ECB), it
has been decided, in consultation with the
Government of India, to permit the overseas
branches/subsidiaries of Indian banks to
refinance ECBs of highly rated (AAA)
corporates as well as Navratna and
Maharatna PSUs, provided the outstanding
maturity of the original borrowing is not
reduced and all-in-cost of fresh ECB is lower
than the existing ECB. Partial refinance of
existing ECBs will also be permitted subject
to same conditions.
https://rbi.org.in/Scripts/NotificationUser.
aspx?Id=11198&Mode=0
GOI announces launch of 7.75% Savings
(Taxable) Bonds, 2018 commencing from
10th January 2018
Government of India has announced to
launch of 7.75% Savings (Taxable) Bonds,
2018 commencing from 10th January 2018
to enable resident citizens/HUF to invest in a
taxable bond, without any monetary ceiling.
 NRIs are not eligible for making
investments in these Bonds.
 The Bonds will be issued at par i.e. at
Rs.100.00. The Bonds will be issued for a
minimum amount of Rs.1,000/- (face
value) and in multiples thereof.
 The Bonds will be issued in demat form
(Bond Ledger Account) only.
 The Bonds will have a maturity of 7 years
carrying interest at 7.75% per annum
payable half- yearly.
 The Bonds are not transferable.
https://rbi.org.in/Scripts/NotificationUser.
aspx?Id=11196&Mode=0
January 3-4, 2018
MCA
CODS 2018- Reactivation of DIN is in
Process: MCA
Stakeholders of Condonation of Delay
Scheme (notified vide General Circular
No.16/2017 dated 29th December 2017)
may kindly note that the process for
‘reactivating’ the DINs in system in respect of
disqualified Directors is in progress and they
may check the status of the relevant DINs by
12th January 2018. However, they are
requested to be ready with necessary
‘overdue documents’ for filing purposes.
Stakeholders may further note that the
scheme is not applicable for those Directors
who may have been associated with a
company which was struck off under Section
248(1) of the Companies Act-2013 and such
DINs shall be activated only upon receipt of
orders for revival of the said company as per
due process laid down under Section 252 of
the Companies Act-2013.
President Gives Assent to Companies
(Amendment) Act, 2017
President of India has given assent to
Companies (Amendment) Act, 2017 which
seeks to strengthen corporate governance
standards, initiate strict action against
defaulting companies and help improve ease
of doing business in the country.
Insolvency professional to use Registration
Number and Registered Address in all his
communications.
Insolvency and Bankruptcy Board of India
(IBBI) has issued circular to state that In all
communications done by Insolvency
Professional (IP), whether by way of public
announcement or otherwise to a
stakeholder or to an authority, an insolvency
professional shall prominently state: (i) his
name, address and email, as registered with
the IBBI, (ii) his Registration Number as an
insolvency professional granted by the IBBI,
and (iii) the capacity in which he is
communicating.
Insolvency professional not to outsource his
responsibilities
Insolvency and Bankruptcy Board of India
(IBBI) has issued circular to state an
insolvency resolution professional shall not
outsource any of his duties and
responsibilities under the Insolvency and
Bankruptcy Code, 2016. He shall not require
any certificate from another person
certifying eligibility of a resolution applicant.
Insolvency professional to ensure
compliance with applicable laws
Insolvency and Bankruptcy Board of India
(IBBI) has issued circular to state While
acting as an Interim Resolution Professional,
a Resolution Professional, or a Liquidator for
a corporate person under the Insolvency and
Bankruptcy Code, 2016, an insolvency
professional shall exercise reasonable care
and diligence and take all necessary steps to
ensure that the corporate person
undergoing any process under the Code
complies with the applicable laws.
For any query: Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acqisory news-bytes-3rd-4th-jan-2018

  • 1. January 3-4, 2018 CORPORATE RBI RBI issues Master Directions on Foreign Investments in India RBI vide Notification dated 4th January, 2018 has issued Master Directions on Foreign Investments in India. The Master Direction lays down the modalities as to how the foreign exchange business has to be conducted by the Authorised Persons with their customers/ constituents with a view to implementing the regulations framed. A person resident outside India may hold, own, transfer or invest in a security in India if such security was acquired, held or owned by such person when he was resident in India or inherited from a person who was resident in India. Such investment will be held by such person on a non-repatriable basis. https://rbi.org.in/Scripts/NotificationUser. aspx?Id=11200&Mode=0 RBI permits overseas branches/subsidiaries of Indian banks to refinance ECBs RBI vide Circular dated 4th January, 2018 has eased out the norms for refinancing of External Commercial Borrowings (ECB), it has been decided, in consultation with the Government of India, to permit the overseas branches/subsidiaries of Indian banks to refinance ECBs of highly rated (AAA) corporates as well as Navratna and Maharatna PSUs, provided the outstanding maturity of the original borrowing is not reduced and all-in-cost of fresh ECB is lower than the existing ECB. Partial refinance of existing ECBs will also be permitted subject to same conditions. https://rbi.org.in/Scripts/NotificationUser. aspx?Id=11198&Mode=0 GOI announces launch of 7.75% Savings (Taxable) Bonds, 2018 commencing from 10th January 2018 Government of India has announced to launch of 7.75% Savings (Taxable) Bonds, 2018 commencing from 10th January 2018 to enable resident citizens/HUF to invest in a taxable bond, without any monetary ceiling.  NRIs are not eligible for making investments in these Bonds.  The Bonds will be issued at par i.e. at Rs.100.00. The Bonds will be issued for a minimum amount of Rs.1,000/- (face value) and in multiples thereof.  The Bonds will be issued in demat form (Bond Ledger Account) only.  The Bonds will have a maturity of 7 years carrying interest at 7.75% per annum payable half- yearly.  The Bonds are not transferable. https://rbi.org.in/Scripts/NotificationUser. aspx?Id=11196&Mode=0
  • 2. January 3-4, 2018 MCA CODS 2018- Reactivation of DIN is in Process: MCA Stakeholders of Condonation of Delay Scheme (notified vide General Circular No.16/2017 dated 29th December 2017) may kindly note that the process for ‘reactivating’ the DINs in system in respect of disqualified Directors is in progress and they may check the status of the relevant DINs by 12th January 2018. However, they are requested to be ready with necessary ‘overdue documents’ for filing purposes. Stakeholders may further note that the scheme is not applicable for those Directors who may have been associated with a company which was struck off under Section 248(1) of the Companies Act-2013 and such DINs shall be activated only upon receipt of orders for revival of the said company as per due process laid down under Section 252 of the Companies Act-2013. President Gives Assent to Companies (Amendment) Act, 2017 President of India has given assent to Companies (Amendment) Act, 2017 which seeks to strengthen corporate governance standards, initiate strict action against defaulting companies and help improve ease of doing business in the country. Insolvency professional to use Registration Number and Registered Address in all his communications. Insolvency and Bankruptcy Board of India (IBBI) has issued circular to state that In all communications done by Insolvency Professional (IP), whether by way of public announcement or otherwise to a stakeholder or to an authority, an insolvency professional shall prominently state: (i) his name, address and email, as registered with the IBBI, (ii) his Registration Number as an insolvency professional granted by the IBBI, and (iii) the capacity in which he is communicating. Insolvency professional not to outsource his responsibilities Insolvency and Bankruptcy Board of India (IBBI) has issued circular to state an insolvency resolution professional shall not outsource any of his duties and responsibilities under the Insolvency and Bankruptcy Code, 2016. He shall not require any certificate from another person certifying eligibility of a resolution applicant. Insolvency professional to ensure compliance with applicable laws Insolvency and Bankruptcy Board of India (IBBI) has issued circular to state While acting as an Interim Resolution Professional, a Resolution Professional, or a Liquidator for a corporate person under the Insolvency and Bankruptcy Code, 2016, an insolvency professional shall exercise reasonable care and diligence and take all necessary steps to ensure that the corporate person undergoing any process under the Code complies with the applicable laws. For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com