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Circulars
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Undertakings for ODI activity
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Offshore derivative instruments compliance: revised FII undertaking requires non-dealing declaration and enhanced monthly ODI reporting.
SEBI requires FIIs and their sub-accounts, effective from the monthly ODI report for May 2008, to undertake that they and their associates have not issued, subscribed to, or purchased any ODIs directly to or from Non-Resident Indians or Indian residents, and to include in the monthly report the value of outstanding ODIs as of the last reporting date and that value as a percentage of Assets Under Custody.
Simplification of Offer Document and Key Information Memorandum of Mutual Funds Scheme
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Simplification of Offer Documents: new SID, SAI and KIM formats with filing, update and availability obligations for mutual funds.
The circular mandates splitting the offer document into a Scheme Information Document (SID), a single common Statement of Additional Information (SAI), and a Key Information Memorandum (KIM) in a simplified format, prescribes filing and posting requirements including soft-copy submission and an undertaking, sets timelines for updation and handling of material and non-fundamental changes (including addenda, public notice and seven-day filing), requires launch within six months of final observations or refiling, and withdraws earlier conflicting circulars.
Margining of institutional trades in the cash market
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Margining of institutional trades deferred by regulator; cash market margins remain on T+1 until further direction.
Upfront margining of institutional trades in the cash market has been deferred and institutional trades will continue to be margined on a T+1 basis until further directions; stock exchanges must notify member brokers/clearing members and publish the circular on their websites under the regulator's powers to protect investor interests and regulate the securities market.
Reporting of information on a quarterly basis
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Quarterly reporting obligation for registrars and share transfer agents now requires certified electronic submission in prescribed formats.
Registrars to an Issue/Share Transfer Agents must submit quarterly reports in the revised Annexure A format within fifteen days of quarter end, certified by an authorised officer. Beginning with the quarter ended June 30, 2008, reports shall be submitted in electronic form only, by e mail as two files (PDF and Excel) to the prescribed e mail id, using the specified subject line and file naming conventions.
Reporting of information on a half yearly basis
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Electronic Submission Requirement: merchant bankers must file half yearly reports in pdf and excel via the designated email, replacing hard copies.
Merchant bankers must submit prescribed half yearly reports electronically only, in both PDF and Excel formats, to the designated regulatory email; reports must follow the Schedule XXVII format, employ the prescribed title and file naming convention identifying the merchant banker and period, and be certified by the compliance officer, with hard copy submission dispensed with.
Reporting of information on a quarterly basis
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Electronic quarterly reporting requirement for debenture trustees: submit certified PDF and Excel filings via designated email with specified naming convention.
Debenture trustees must submit quarterly reports electronically only, sending one PDF and one Excel file to the designated email address with a prescribed subject-line and file name identifying the trustee and quarter; each report must be certified by the compliance officer. Trustees with no reportable activities for a quarter need not file; other timelines and conditions in prior circulars remain unchanged.
Reporting of information on a periodic basis
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Electronic reporting requirement: Bankers to Issue must file quarterly and annual reports in PDF and Excel to designated email.
Bankers to Issue must submit prescribed quarterly and annual reports electronically in PDF and Excel formats to the designated SEBI e mail, with each submission certified by the compliance officer and files and e mail titles following prescribed naming conventions. Bankers to Issue with no reportable activity for specified tables need not file a quarterly report, but all must submit the annual report in the prescribed format within the stipulated post financial year period, and other submission timelines remain unchanged.
Comprehensive Risk Management Framework for the cash market
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Cross margining for institutional cash positions offsets VaR margins while retaining extreme loss and mark-to-market requirements.
Institutes a cross margin facility for institutional cash positions with offsetting stock futures so that VaR margin is not charged on the cash position to the extent of the offsetting futures, while Extreme Loss and Mark-to-Market margins remain applicable; near-month futures are excluded three days before expiry and F&O margins are unchanged. Exchanges must adopt systems, amend rules, notify members, publish the provisions, and report implementation status monthly under enabling regulatory powers.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dematerialisation requirement: non promoter holdings must be dematerialised before shift from trade for trade to rolling settlement and certificate required.
Companies with connectivity to both depositories may be shifted from the Trade for Trade Segment to rolling settlement only if at least fifty percent of non promoter holdings are dematerialised, evidenced by a certificate from the Registrar and Transfer Agent or, if no RTA exists, from a practising Company Secretary or Chartered Accountant, and provided there are no other grounds to continue Trade for Trade trading; stock exchanges must report actions taken in the Monthly/Quarterly Development Report.
Notification on Real Estate Mutual Fund Schemes and Initial Issue Expenses
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Real estate mutual fund schemes regulated to impose defined asset criteria, valuation standards, custody, governance and disclosure obligations.
The amendment inserts a new regulatory Chapter for real estate mutual fund schemes, defining "real estate asset" and "real estate valuer", prescribing eligibility for sponsors and personnel, requiring schemes to be close-ended and listed, and mandating banking-channel transactions. It sets concentration and sponsor-related investment prohibitions, requires initial cost recognition and periodic fair value measurement using two independent valuers (lower valuation to be used), daily NAV calculation based on current valuations, and detailed governance, custody, insurance, accounting and disclosure obligations for asset managers and trustees.
Revised Monthly Cumulative Report (MCR)
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Revised MCR format mandates uniform NAUM and AAUM calculation and monthly submission via email and hard copy by firms.
Revised MCR requires all mutual funds to submit a standardized monthly report by the third day of each month, including Interval Schemes and Overseas Fund of Funds. NAUM shall reflect AUM as on the last calendar day of the month (excluding liquid fund purchases on the next month's first day) and AAUM shall be the aggregate of daily AUM over calendar days in the month. New schemes are reported in the month of allotment. Compliance officers must confirm data accuracy. This circular supersedes prior MCR circulars.
Interpretation of term “shareholder having trading rights” under Securities Contracts (Regulation) (Manner of Increasing and Maintaining Public Shareholding in Recognised Stock Exchanges) Regulations, 2006
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Shareholder having trading rights clarified to include direct and indirect trading interests, affecting public shareholding composition.
The term "shareholder having trading rights" means a shareholder who has a trading interest in the stock exchange, whether directly or indirectly through a person having trading rights; an indirect trading interest is to be understood as an associate under regulation 2(1)(b) of the relevant Regulations, to ensure application of the public shareholding requirements.
Comprehensive Risk Management Framework for the cash market
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Margining flexibility for institutional clients: approved securities and early pay-in reduce margin obligations, exchanges to implement systems.
Permits institutional clients to maintain entire margin in approved securities subject to prescribed haircuts; requires exchanges to enable early pay-in of funds so positions covered by early pay-in are excluded from margin computation; mandates systems to allow adjustment of members' pay-in obligations from the cash component of deposited liquid assets; and directs exchanges to issue guidelines, test systems, amend bye-laws, notify members, and report monthly on implementation.
Collateral deposited by clients with brokers
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Client collateral protection: brokers must maintain records, reconcile holdings and issue daily collateral utilization statements to clients.
The circular requires brokers to ensure client collateral is used only to meet the respective client's margin requirements and pay-ins, maintain an audit trail of collateral receipt, client authorisations, deposits with exchanges/clearing corporations, returns, and crediting of corporate actions, and to reconcile these records periodically. Brokers must issue daily collateral utilization statements to clients with a breakdown by cash, FDRs, bank guarantees and securities. Exchanges must investigate complaints, inspect brokers, impose deterrent penalties for mis utilisation, amend bye laws, disseminate the provisions, and report implementation to the regulator.
Overseas Investments by Mutual Funds
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Overseas investment ceiling raised for mutual funds; prior conditions remain unchanged under SEBI regulatory authority and governance.
The circular increases the aggregate ceiling for mutual fund overseas investments while all other conditions specified in the earlier circular remain unchanged; it applies to all SEBI-registered mutual funds and is issued under SEBI's regulatory powers under the mutual fund regulatory framework.
Corporate Governance in listed Companies – Clause 49 of the Listing Agreement
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Board independence requirement: independent director proportion increased when non-executive chair is promoter, plus disclosure and replacement rules.
Amendments to Clause 49 require that where a non-executive Chairman is a promoter or related to promoters or senior management, at least one-half of the Board be independent directors; set minimum age for independent directors at 21 years; require replacement of resigned or removed independent directors within 180 days unless the Board already meets the independent director threshold; and mandate disclosure of director inter-se relationships in specified filings, with corresponding textual changes to the Listing Agreement and Annexures.
Reduction in filing fees for offer documents
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Reduction in filing fees for securities offer documents revises fee schedules for buy backs, public issues, rights, mutual funds and takeovers.
SEBI amended the Payment of Fees Regulations effective April 1, 2008, revising fees payable on filing draft offer documents and public announcements across the Buy Back, Merchant Bankers, Takeover, Custodian, Mutual Fund and Venture Capital Fund regulations. The amendments replace prior schedules with tiered fee tables and revised flat charges and percentage rates for public issues, rights issues, buy backs, takeover filings, custodian charges, mutual fund NFO filing fees, and venture capital filing charges, and require merchant bankers to ensure compliance.
Introduction of Bond Index
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Bond index introduction allows exchanges to construct and disseminate bond indices, enabling future derivatives development.
Exchanges are directed to construct and disseminate Bond Indices for corporate bonds and government securities, choosing either existing global computation models or proprietary models, and to publish the detailed index computation methodology for market participants; derivatives on these Bond Indices will be considered for later introduction based on experience and market awareness, and the circular is issued under SEBI's authority to promote securities market development and is effective from its date of issuance.
Revision in Filing Fees and Registration Fees – Amendments to SEBI (Mutual Funds) Regulations, 1996
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Revision of filing fees updates SEBI regulatory fee structure and applies to filings made on or after the effective date.
Amendment regulations revise SEBI fee schedules across multiple regulations, substituting new slab-based percentage charges, flat fees and altered minima and maxima for filing and registration fees. In the Mutual Funds Regulations, an existing amount of "fifty lakhs" is replaced by "twenty five lakhs" and the filing fee for offer documents is set at 0.005% of the amount raised in a new fund offer, subject to a minimum of one lakh and a maximum of fifty lakhs. The amendments take effect on April 1, 2008 and apply to filings made on or after that date.
Exemption from mandatory requirement of PAN
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Exemption from mandatory PAN allows certain residents to invest in mutual funds subject to residency verification and KYC compliance.
Exemption from mandatory PAN requirement is extended to investors who are residents of Sikkim for purposes of investing in mutual funds, provided mutual funds verify residency claims through sufficient documentary evidence and ensure strict compliance with applicable Know Your Client norms; issued under Section 11(1) to protect investors and regulate the securities market.

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Acts Income Tax