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Circulars
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Quarterly Reporting by Venture Capital Funds (VCF)
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Quarterly reporting requirements for venture capital funds now mandate online submission within seven days of quarter-end.
SEBI directs all registered venture capital funds to submit a revised quarterly report in the prescribed format under Regulation 22, effective for the quarter ended 31 March 2010, to be uploaded online on the SEBI portal within seven days of quarter-end; physical copies are not required. The format requires detailed fund identification, cumulative funds raised and investments by scheme, segmented investment classifications, overseas investment disclosures, maximum single investment reporting, investor category breakdowns, and industry-wise allocation schedules.
Market Wide Position Limits across Stock Exchanges
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Market Wide Position Limits require aggregated, machine-readable publication across exchanges to standardize MWPL and open interest disclosure.
Market Wide Position Limits must be operationalised by timed publication and inter-exchange aggregation of ISIN, security name and symbol, MWPL (in shares) and open interest (in shares), with permissible next-day limits and discrepancy corrections, and the data made available in a machine-readable open format (XML); the MWPL computation methodology remains unchanged.
Extension of Export Obligation period for the Advance License Holders who have imported raw sugar between 21.9.2004 and 15.4.2008-reg
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Advance authorization relief allows extension for export or abolition of export obligation upon payment of applicable customs duty.
Advance Authorization holders who imported raw sugar during the specified period may choose either a further time extension for export performance without payment of composition fees or abolition of the export obligation upon payment of customs duties applicable to normal imports on the quantity of unfulfilled obligation; administrative instructions require issuing trade notices, guidance to assessing officers, reporting implementation difficulties to the Board, and acknowledgement of the circular.
INCOME-TAX DEDUCTION FROM SALARIES UNDER SECTION 192 OF THE INCOME-TAX ACT, 1961 DURING THE FINANCIAL YEAR 2009-2010
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Tax deduction at source from salaries: employers must compute, deduct, deposit and certify TDS and file e TDS returns.
Employers must deduct income tax at source under Section 192 on estimated salary income (including taxable perquisites), applying prescribed age and gender based rates and education cesses; employers may pay tax on non monetary perquisites at their option. Taxable salary is computed by valuing perquisites per Section 17 and Rules, allowing deductions under section 16 and Chapter VI A within statutory limits. Deductors must deposit tax timely (ITNS 281), file quarterly e TDS returns in Form 24Q with accurate TAN/PAN, issue Form 16/Form 16AA and Form 12BA where applicable, and face interest, penalties and prosecution for non compliance.
Standardized lot size for derivative contracts on individual securities
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Standardized lot size for derivatives requires uniform contract sizes across exchanges with periodic review and advance notice.
Prescribes standardized lot sizes for derivative contracts on individual securities by linking contract size to price bands; requires Exchanges to review lot size semiannually based on one month average closing price, issue advance notice for revisions, apply upward revisions only to new contracts while handling corporate action adjustments under existing SEBI guidance, and ensure identical lot sizes for the same underlying across Exchanges.
Procedure to be adopted in ascertaining whether parties have complied with order regarding pre-deposit
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Pre-deposit compliance procedure requires registry verification and a registrar hearing before matters are placed before court after stay orders.
Registry must fix a compliance-report date after the deposit period, and the Registrar shall, on deposit or within eight days after the deposit period, hold a verification hearing with appellant and Department representatives and submit a verified report to the Court; Benches shall follow the same procedure with the senior-most executive officer conducting the hearing.
PAN requirement for transmission of shares in physical form
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PAN requirement for share transmission: furnishing PAN copy is mandatory for deletions, transmissions to heirs and transpositions.
PAN copy must be furnished for deletion of a deceased co-holder, transmission to legal heirs where the deceased was sole holder, and transposition of joint holdings. RTAs can accept PAN despite mismatches if they verify identity with sufficient documentary evidence per prior SEBI guidance. Stock exchanges must amend byelaws and the Listing Agreement, notify companies, publish the circular online and report implementation; registrars and transfer agents must implement and disseminate the provisions.
Simplified Debt Listing Agreement for Debt Securities - Amendments
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Exemption for unsecured debt instruments: specified listing requirements not applicable to regulated financial entities meeting capital eligibility, exchanges to implement.
A proviso added after clause 5 and after clause 16 exempts unsecured debt instruments issued by regulated financial sector entities that are eligible to meet capital requirements from the specified listing requirement; additionally, the word "un-audited" is omitted from clause 29A sub-clauses (b) and (c). Stock exchanges must amend the Simplified Listing Agreement, update bye-laws and rules as needed, notify listed issuers, and publish the amendments on their websites.
Amendment of paragraph 4.22.1 of HBP v1 for extension of Export Obligation Period (EOP) for advance authorisations issued for import of raw sugar.
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Export obligation extension for advance authorisations permits automatic extension or regularisation by paying applicable customs duty.
For Advance Authorisations where raw sugar was imported in the earlier specified period and export obligation remains unfulfilled, the Export Obligation Period (EOP) is automatically extended to a later specified date without payment of the composition fee; alternatively, the advance licence/authorisation holder may pay the customs duty applicable on the date of import for the quantity proportionate to the unfulfilled export obligation and get the case regularised.
New Office address of Regional Authority Surat.
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Regional Authority Surat office address updated and contact details published; jurisdiction now covers districts Surat, Valsad and Dangs.
Amendment to Appendix 1 replaces S. No. 19 to record the Joint Director General of Foreign Trade's office at 6th Floor, Resham Bhawan, Lal Darwaja, Surat - 395003 with telephone, fax and e mail details, and designates its territorial jurisdiction as the districts of Surat, Valsad and Dangs under powers conferred by paragraph 2.4 of the Foreign Trade Policy 2009-2014.
Procedure for verification of the Procurement Certificates received from Central Excise/Customs Authorities and Monitoring of the receipt of Re-warehousing Certificates in respect of the imports cleared under EOU Scheme -reg.
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Procurement certificate verification and re-warehousing requirement enforce duty-exemption compliance and may trigger recovery actions.
Verification of duty-exemption documentation under the EOU scheme requires authentication of Procurement Certificates and timely receipt of Re-warehousing Certificates. Random checks of PCs will be conducted and verification is compulsory for first-time importers; hand-delivered PCs/RWCs must arrive in sealed covers and may be cross-checked against registered-post copies. Duty-exemption completion depends on RWCs within prescribed timelines; persistent pendency will trigger demand notices, suspension of duty-free clearance, or requirement of bank guarantees. Commissioners must furnish specimen signatures of issuing authorities.
Review of Securities Lending and Borrowing (SLB) Framework
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Securities lending and borrowing framework revised to allow extended tenures, early recall/repayment and AI close-out mechanisms.
The circular revises the SLB framework: AIs may set contract tenure up to the permitted maximum; lenders and borrowers may effect early recall or early repayment; AIs must obtain securities and square off or financially close-out on borrower margin default; on early recall the AI will endeavor to borrow for the balance period and may charge the recalling lender the lending fee while the original contract remains until replacement contract execution; on early repayment margins are released on return, AIs will try to onward-lend and pass income to the repaying borrower, and if no replacement borrower is found the original borrower forfeits lending fee for the balance period.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialisation requirement enables shift from trade-for-trade to rolling settlement when non-promoter holdings are dematerialised and certified.
Shifting securities from Trade-for-Trade Settlement to Rolling Settlement is permitted where companies have connectivity with both depositories and where at least half of the non-promoter shareholding is dematerialised, as certified by the Registrar and Transfer Agent or, if no separate RTA exists, by a practising company secretary or chartered accountant; exchanges must also ensure no other grounds for continuation of TFTS and report actions in their development reports.
Internal Audit for Credit Rating Agencies (CRAs)
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Internal audit requirement for credit rating agencies: mandates independent half yearly audits and board action on deficiencies.
SEBI requires half yearly internal audits of Credit Rating Agencies by practising independent auditors covering all CRA operations, investor grievance redressal and compliance with SEBI Act, rules, regulations and guidelines. Audit reports must set out methodology, deficiencies observed, management responses, a summary of operations including transactions audited and instances of deviations, and comment on adequacy of systems for regulatory compliance and grievance redressal. CRAs must receive reports within two months of the half year end, and the Board must send an Action Taken Report to SEBI within the next two months.
Launch of the Indian Customs EDI System (ICES 1.5) Exports, at ICD-Valvada (Vapi)-Reg.
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Launch of Indian Customs EDI System (ICES 1.5) initiates computerized processing of export shipping bills at ICD Valvada.
Commencement of the Indian Customs EDI System (ICES 1.5) at ICD Valvada (Vapi) is effective 08.01.2010, applying the procedures and annexures of Public Notice No.49/2009 mutatis mutandis for computerized processing of Shipping Bills. Helpdesk support is provided via existing ICEGATE contacts managed by M/s Wipro, an additional toll free helpdesk managed by TCS for the new application, and a named System Manager at ICD Valvada with direct telephone and email for local assistance.
How to Incorporate a New Limited Liability Partnership
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Incorporation of Limited Liability Partnership requires online name reservation, prescribed filings, digital signatures, and Registrar registration.
Incorporation of a Limited Liability Partnership requires portal user registration, individual allotment of Designated Partner Identification Number (DPIN), and class 2 or class 3 Digital Signature Certificates for signing e-forms. Reserve the LLP name via Form-1, then file Form-2 (Incorporation Document and Statement), pay the prescribed registration fee based on partner contribution, and ensure digital signatures by a designated partner with permanent DPIN and a practicing professional. The Registrar will register the LLP and issue a certificate of incorporation; Form-3 and Form-4 must be filed with or shortly after incorporation.
EXPLANATORY NOTES TO LLP
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Limited liability partnership framework preserves partnership tax treatment while limiting partner liability and mandating managerial registration obligations.
Introduction of a statutory framework for the limited liability partnership as a separate corporate person combining partnership flexibility with limited liability; incorporation requires delivery of an incorporation document, registered office and appointment of a resident individual manager who is personally liable for administrative penalties unless exculpated; partners' rights are governed by an LLP agreement with default provisions; LLPs maintain books on accrual and double entry basis, managers must lodge solvency declarations, the Registrar has enforcement powers, and partners are taxed as partners with LLP assets treated as partners' assets.
FAQs on Digital Signature Certificate (DSC)
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Digital Signature Certificate requirement for e filing: class two or class three certificates from licensed authorities enable legally admissible signing.
A Digital Signature Certificate is an electronic identity certificate required to sign e-documents; licensed Certifying Authorities issue class two and class three DSCs for MCA e-filing, with class two verifying identity against trusted databases and class three requiring in-person verification. DSCs are not contingent on holding a Director Identification Number, may be issued with one- or two-year validity, incur variable fees and typical issuance times of several days, and are legally admissible under the information technology framework. Guidance includes Internet Explorer security and ActiveX settings needed to register and use DSCs on the portal.
Relevant date for filing the refund claim under Notification No. 17/2009-S.T., dated 7-7-2009 - Regarding.
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Refund claim timing: notification covers prior exports provided claims are filed within one year and not previously claimed.
Notification No. 17/2009-S.T. applies to exports made before its issuance as well as after, provided refund claims meet the claim for refund shall be availed within one year from the date of export requirement and no refund has already been claimed under the previous notification.
How to Obtain Digital Signature Certificate
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Digital Signature Certificate requirement: valid Class II DSCs must authenticate electronic filings, with specified issuance and renewal procedures.
The Information Technology Act requires electronic submissions to be authenticated by a valid Digital Signature Certificate (DSC); use of another person's DSC is prohibited. Certification Agencies authorised by the Controller of Certification Agencies issue DSCs; the Ministry mandates at least Class II DSCs for MCA21 e filings, with certificates typically issued for one or two years and renewable on expiry. Procurement involves a secure medium (USB token or smart card) and agency specific issuance, renewal and support charges as listed on the Ministry portal.

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