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    Foreign Institutional Investor (FII) investment in ‘to be listed’ debt securities
    Clarification - Establishment of Branch Offices (BO) / Liaison Offices (LO) in India by Foreign Entities – Delegation of Powers.
    2/2012 - 01-03-2012 Companies Law
    Registration of Companies or LLPs which have one of their objects is to carry on the profession of Chartered Accountant, Cost Accountant, Architect, C...
    Special Valuation Cell (SVC), Custom House, Cochin conducted a study on the data quality in imports.
    Request for an Extended Period of Warehousing under Section 61 of Customs Act, 1962 - Reference from Shipyards - Reg.
    KYC Norms /AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under (PMLA, 2002 - Assessment and Monitoring of Risk - Cro...
    KYC Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under (PMLA), 2002 - Assessment and Monitoring of Risk – M...
    External Commercial Borrowings (ECB) for Infrastructure facilities within National Manufacturing Investment Zone (NMIZ).
    Compilation of R-Returns: Reporting under FETERS.
    ‘On-line’ filing of PRC.
    Conditionality for Import of Erythromycin Thiocyanate under Advance Authorization Scheme: Applicability of Policy Circular No.9 dated 30.6.2003 and PC...
    Earlier the expression “Handmade” did not include “Braided” in the ‘Note:’ at Sr. No.11 in Table-2 of Appendix 37D. This has now been incl...
    Circular for Mutual Funds
    Circular on Mutual Funds
    SECTION 65(64) OF THE FINANCE ACT, 1994 - MANAGEMENT, maintenance OR REPAIR SERVICE - Application of Service Tax on Tyre Retreading Activity .
    Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism -Clarification
    Import of Gold on Loan Basis- Tenor of Loan and Opening of Stand - By Letter of Credit .
    Handling of Cargo in Customs Areas Regulations, 2009 – Clarification-regarding
    Courier operations through Cochin International Airport - procedure reg.
    Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism
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Circulars
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Foreign Institutional Investor (FII) investment in ‘to be listed’ debt securities
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FII investment in to be listed debt securities requires listing within fifteen days or immediate disposal/redemption follows.
SEBI registered FIIs/sub accounts may invest in primary issuances of NCDs/bonds only if the issuer commits to list those securities within 15 days of investment; failure to list within 15 days requires the FII/sub account to immediately dispose of the securities by sale to a third party or to the issuer, and offer terms must require the issuer to redeem or buy back the securities in that event.
Clarification - Establishment of Branch Offices (BO) / Liaison Offices (LO) in India by Foreign Entities – Delegation of Powers.
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Transfer of assets by foreign liaison or branch offices requires central approval; delegated powers remain limited.
AD Category I banks may continue to exercise delegated powers for Annual Activity Certificates, LO validity extensions and closures, but they do not have delegated authority to transfer assets of BO/LO. Any transfer or assignment of Liaison Office or Branch Office assets to subsidiaries, other BO/LO or any other entity requires specific approval of the Central Office of the Foreign Exchange Department, Reserve Bank of India; all other aspects of the earlier delegation remain unchanged.
2/2012 - 01-03-2012 Companies Law
Registration of Companies or LLPs which have one of their objects is to carry on the profession of Chartered Accountant, Cost Accountant, Architect, Company Secretary etc.
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Professional practice registration requires in principle approval or NOC from the relevant regulator before incorporation.
Where an object of incorporation is to carry on banking, insurance or to practice as a Chartered Accountant, Cost Accountant, Company Secretary, or to carry on the profession of Architecture, the Registrar of Companies or Registrar of LLP shall incorporate the entity only on production of in principle approval or a No Objection Certificate (NOC) from the concerned regulator or professional institute.
Special Valuation Cell (SVC), Custom House, Cochin conducted a study on the data quality in imports.
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Item description requirements: complete material, dimensions and specifications to secure RMS facilitation and avoid clearance delays.
A Special Valuation Cell study found recurring deficiencies in import item descriptions at Cochin Sea Port, with many entries lacking material, generic item type, dimensions, specifications, sizes or botanical/chemical names. The Notice stresses that facilitation under the RMS regime depends on adequate item description, and that omissions may require amendments before clearance causing delays; importers and CHAs are directed to furnish complete, precise descriptions and report difficulties to the Commissioner of Customs.
Request for an Extended Period of Warehousing under Section 61 of Customs Act, 1962 - Reference from Shipyards - Reg.
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Extension of warehousing period: authority may grant extensions without upfront interest payment; demand raised and waiver decided on usage.
Chief Commissioners may grant warehousing extensions beyond three months for goods in good condition; only legally due interest is subject to action. Administrative practice allows raising demands without enforcing immediate collection, and waiver of interest for goods imported for specified end uses is considered after the goods are cleared and end-use conditions are satisfied.
KYC Norms /AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under (PMLA, 2002 - Assessment and Monitoring of Risk - Cross Border Inward Remittance under MTSS.
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Risk-based AML/KYC obligations require agents under money transfer schemes to assess ML/TF risk and apply enhanced due diligence.
Authorised Persons (Indian Agents) under MTSS must implement a risk-based KYC/AML/CFT framework: identify and assess ML/TF risk across customers, countries, products, services, transactions and channels; prepare customer profiles for regular inward remittances; apply enhanced due diligence to medium/high risk cases; adopt board-approved policies, controls and procedures; design risk parameters for transaction monitoring; and ensure sub-agents comply, consistent with prior AML guidelines and statutory authority.
KYC Norms/AML Standards/Combating Financing of Terrorism/Obligation of Authorised Persons under (PMLA), 2002 - Assessment and Monitoring of Risk – Money Changing Activities.
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Risk-based AML assessment required for money changers, mandating customer, product and geographic risk profiling and enhanced due diligence.
Authorised Persons in money changing must adopt a risk based approach to AML/CFT by identifying and assessing ML/TF risks across customers, countries, products, services, transactions and delivery channels, preparing customer risk profiles, applying enhanced due diligence for medium and high risk, and implementing board approved policies, systems and procedures. APs may design risk parameters for transaction monitoring and are responsible for ensuring agents and franchisees comply with these requirements.
External Commercial Borrowings (ECB) for Infrastructure facilities within National Manufacturing Investment Zone (NMIZ).
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External commercial borrowings eligibility expanded to NMIZ developers, enabling approval-route ECB for infrastructure projects immediately.
Developers of NMIZ are permitted to avail of External Commercial Borrowings under the approval route to provide specified infrastructure within NMIZ, matching the extant ECB scope (power, telecom, railways, roads, ports, airports, industrial parks, urban infrastructure, mining/refining/exploration, cold storage). The change is effective immediately; other ECB parameters (recognised lenders, maturity, all-in-cost, prepayment, refinancing and reporting) remain unchanged and the directions are issued under the Foreign Exchange Management Act, 1999.
Compilation of R-Returns: Reporting under FETERS.
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FETERS reporting revisions require transaction level purpose coding and updated file formats, affecting AD banks' reporting obligations.
AD Category I banks must apply a revised purpose code classification aligned with BPM6 to all foreign exchange transactions from April 1, 2012, report previously consolidated small non export receipts at transaction level, adopt a 15 digit amount field and 6 digit port codes, and submit four prescribed ASCII files with specified layouts, naming conventions, inter file consistency checks and fortnightly electronic submission timelines to the Reserve Bank.
‘On-line’ filing of PRC.
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On-line filing of PRC required via digital signature or IEC credentials; optional now, to become mandatory later.
PRC applications seeking relaxations under the Foreign Trade Policy must be filed via the on-line DGFT portal using digital signature or IEC+password; the ecom workflow generates an ecom number, requires structured data entry, and yields a DGFT file number upon electronic submission. Applicants may upload up to five supporting documents of 300 KB each (gif, html, pdf); additional documents can be posted or e mailed quoting the portal reference. On-line filing is optional now but will become mandatory on a later notified date.
Conditionality for Import of Erythromycin Thiocyanate under Advance Authorization Scheme: Applicability of Policy Circular No.9 dated 30.6.2003 and PC 15 dated 17.9.2003.
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Advance Authorization conditionality: Erythromycin thiocyanate exempt for manufacture and export of erythromycin salts; other uses follow policy conditions.
Import of Erythromycin Thiocyanate for manufacture and export of Erythromycin Salts under the Advance Authorisation Scheme is exempt from the additional conditionalities of Policy Circulars No.9 and No.15 and is subject only to normal Advance Authorisation conditions; imports for veterinary medicinal use or for manufacture of any other drug under Advance Authorisation remain subject to the Policy Circular conditionalities in addition to normal Advance Authorisation conditions.
Earlier the expression “Handmade” did not include “Braided” in the ‘Note:’ at Sr. No.11 in Table-2 of Appendix 37D. This has now been included.
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Definition of Handmade expanded to include braided products, clarifying export classification under trade policy.
The Handbook of Procedure amendment adds "Braided" to the enumerated techniques included within the definition of Handmade, so that the term now covers Hand-Made, Hand-knotted, Hand-Tufted, Hand-Woven, Handloom and Braided, thereby clarifying classification of export products under the Foreign Trade Policy.
Circular for Mutual Funds
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Due diligence and conflict of interest rules require separate fund managers and mandated portfolio replication with public return disclosures.
AMCs must retain sole responsibility for distributor due diligence and may only take agency assistance; they must appoint separate fund managers for distinct funds unless investment objectives, asset allocation and portfolio replication are the same. A minimum 70% portfolio replication is acceptable where a written trade allocation policy exists and managers avoid directionally opposite positions. AMCs must disclose the manager's returns for all schemes on their websites monthly, include those returns in any performance advertisement, and report plus explain significant inter-scheme return differences to trustees and on their website.
Circular on Mutual Funds
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Valuation of debt securities: shorter valuation threshold and mandatory settlement date disclosure of debt trades by AMCs.
Valuation of money market and debt instruments must follow the prescribed schedule and a shorter holding period reference replaces the earlier longer reference from a future date. AMCs are required to disclose all debt and money market transactions, including inter scheme transfers, on their websites and submit them for consolidation; disclosures must be settlement date wise daily with a stipulated time lag. Advertising is governed by the specified schedule, prior advertisement guidance is withdrawn, and advertisements must include explicit disclosures on dividend per unit with face value and NAV, tax treatment of reinvestment returns, and NAV impact of payouts; simple annualisation of short term yields is permitted for very short horizon schemes when available and not misleading.
SECTION 65(64) OF THE FINANCE ACT, 1994 - MANAGEMENT, maintenance OR REPAIR SERVICE - Application of Service Tax on Tyre Retreading Activity .
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Management Maintenance and Repair Service: tyre retreading is taxable as service since it does not amount to manufacture.
A mention of retreading in the Central Excise Tariff alone does not make it excisable; excise requires production or manufacture that yields a commercially distinct article. Retreading preserves the tyre's identity and therefore does not satisfy the manufacture test. Accordingly, tyre retreading falls within Management, Maintenance & Repair Service and is liable to service tax, with stakeholders advised to pay service tax on retreading activities.
Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism -Clarification
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Advertisement content restriction limits promoter offer notices to exchange-disclosed text; exchanges must update systems and notify brokers.
Promotional advertisements for promoters' Offers For Sale via the stock exchange mechanism must be limited to the contents of the notice provided to the stock exchange. Stock exchanges must implement systems, amend bye-laws and rules, notify member brokers, disseminate the requirement on their websites, and report implementation in the Monthly Development Report. The circular is issued under Section 11(1) for investor protection and market regulation.
Import of Gold on Loan Basis- Tenor of Loan and Opening of Stand - By Letter of Credit .
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Gold loan tenor alignment: banks must match SBLC tenor to the Foreign Trade Policy prescribed loan period and comply promptly.
AD Category I banks must ensure the maximum tenor of gold loans follows the Foreign Trade Policy 2009-14 or subsequent government notifications, and the tenor of any SBLC for import of gold on loan basis must be aligned with the tenor of the gold loan; banks must notify their constituents and customers and note that other terms of the earlier circular remain changed.
Handling of Cargo in Customs Areas Regulations, 2009 – Clarification-regarding
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Customs area lease permissions require prior central approval or authorised written permission, otherwise regulatory enforcement will follow.
The Regulations require that custodians and Customs Cargo Service Providers must obtain written permission from the Commissioner of Customs before leasing, gifting, selling, subletting, transferring premises in a customs area or subcontracting regulated functions; major ports remain subject to these responsibilities despite exemption from approval/renewal procedures. Where Central Government or ministerial/cabinet approval for lease or transfer of port land already exists, the Commissioner may grant the written permission required by the Regulations; absent such approval, action may be taken against the custodian under the Regulations and the Customs Act.
Courier operations through Cochin International Airport - procedure reg.
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Courier authorization and compliance govern registration, bonds, operational duties, and filing procedures for import export consignments.
Regulatory framework for courier operations at Cochin Airport requires Authorized Couriers to register, demonstrate financial viability, execute bonds and furnish security, and comply with operational obligations including obtaining client authorizations, advising on customs compliance, exercising due diligence, maintaining records and IT infrastructure, restricting subcontracting without permission, and filing specified Courier Shipping Bills and Courier Bills of Entry with prescribed screening, examination, detention and reconciliation procedures for documents, samples/gifts and dutiable goods.
Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism
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Indicative price disclosure limited to final half-hour, with cumulative bid data online and VWAP as the basis.
Exchanges must make cumulative orders and bid-quantity information available online at specified intervals and disclose the indicative price only during the final half hour of an offer for sale; the indicative price must reflect the volume weighted average price of bids that have exhausted the quantity offered. Exchanges must implement systems, amend bye-laws, notify member brokers, disseminate the changes, and report implementation status in monthly development reports.

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