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Regulation 9 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition as a stock exchange, clearing corporation or depository may be granted after the Authority considers the application and is satisfied that the applicant meets the prescribed conditions and eligibility requirements. The Authority may attach appropriate conditions to recognition. A recognised market infrastructure institution must also comply with additional conditions imposed from time to time.
Regulation 8 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition applicants must be companies limited by shares, demutualised, fit and proper, and compliant with ownership, governance, net-worth, capability and infrastructure requirements. Stock exchanges require electronic trading, real-time surveillance, member regulation, investor grievance and arbitration mechanisms, information dissemination, and business-continuity systems. Clearing corporations require timely settlement infrastructure, risk management, settlement guarantees, connectivity, real-time controls and dispute-resolution arrangements. Depositories must maintain secure communications and data systems, controlled access, operational procedures, offsite backups and insurance-backed indemnification for beneficial-owner losses.
Input tax credit on an amount paid through DRC-03 after a DGGI investigation is considered in relation to proceedings under sections 73 and 74 of the CGST framework. The view expressed is that a DGGI investigation would result in a show-cause notice under section 74 rather than section 73. Accordingly, payment under section 73 is not regarded as available, and input tax credit on the payment is considered unavailable.
Regulation 7 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition of a depository in an IFSC requires the application to include a copy of the depository's draft bye-laws as part of the recognition process.
Regulation 6 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition applications for a stock exchange or clearing corporation in an IFSC must include copies of the memorandum of association, articles of association, bye-laws and other prescribed documents. The accompanying material is governed by the SCRA, applicable rules and the Market Infrastructure Institutions Regulations.
Regulation 5 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition of a market infrastructure institution in an IFSC requires an application to the Authority in the prescribed form and manner, accompanied by the fee prescribed by the Authority.
Regulation 4 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition as a market infrastructure institution in an IFSC requires the applicant to be a company incorporated in the IFSC and to comply with prescribed shareholding requirements.
Regulation 3 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Recognition is mandatory for any person seeking to conduct, organise, or assist in organising a stock exchange, clearing corporation, or depository in an IFSC. Such activities may be undertaken only after obtaining recognition from the Authority in accordance with the applicable regulations.
Regulation 2 of the International Financial Services Centres Authority (Market Infrastructure Instit...
Definitions govern recognised market infrastructure institutions in an International Financial Services Centre, including stock exchanges, clearing corporations and depositories. Associate status covers control relationships, significant voting control, corporate relationships, relatives, Hindu Undivided Family membership, and circumstances involving control, independence or conflicts of interest. Foreign jurisdiction eligibility depends on recognised regulatory cooperation and the absence of specified Financial Action Task Force deficiencies. Netting offsets settlement obligations to determine net claims or liabilities, while novation makes recognised clearing corporations legal counterparties to trades.
Regulation 1 of the International Financial Services Centres Authority (Market Infrastructure Instit...
International Financial Services Centres Authority (Market Infrastructure Institutions) Regulations, 2021 are made under the International Financial Services Centres Authority Act, the Securities Contracts (Regulation) Act and the Depositories Act. They come into force on the thirtieth day after publication in the Official Gazette.
Schedule of the International Financial Services Centres Authority (Finance Company) Regulations, 20...
Minimum owned fund thresholds apply according to finance-company activities. Aircraft operating lease and non-core activities require USD 0.2 million or its freely convertible currency equivalent, with aircraft leasing exemptions from regulations 4 and 8 subject to a Board-approved prudential policy and fit-and-proper criteria. Core activities require USD 3 million, while specialised activities require USD 5 million. Facilitating permitted core activities and undertaking permissible activities without customer interface are identified without a stated minimum owned fund amount.
Regulation 11 of the International Financial Services Centres Authority (Finance Company) Regulation...
Failure by a Finance Company or Finance Unit to fulfil conditions attached to registration permits the Authority to take appropriate action, including suspension, withdrawal, or cancellation of registration. Before taking such action, the entity must be given an opportunity to make submissions.
Regulation 10 of the International Financial Services Centres Authority (Finance Company) Regulation...
Regulation 10 authorises the Authority to issue circulars or guidelines prescribing norms, procedures, processes, modes and permissible relaxations for implementing the Finance Company Regulations, addressing incidental matters, and facilitating or regulating permitted financial services. Applicant entities, Finance Companies and Finance Units must pay fees and charges as specified by the Authority.
Regulation 9 of the International Financial Services Centres Authority (Finance Company) Regulations...
Every Finance Company and Finance Unit must furnish operational information to the Authority in the manner, at intervals, and in the form specified by the Authority. Financial reporting submitted to the Authority must be in US Dollar unless otherwise specified by the Authority.
Regulation 8 of the International Financial Services Centres Authority (Finance Company) Regulations...
Every Finance Company and Finance Unit must comply with Authority-specified corporate governance and disclosure guidelines. Mergers, acquisitions, takeovers, or management changes affecting control of a Finance Company require prior approval where they alter control of share capital or business decisions under an agreement. Parent-level changes concerning a Finance Unit require registration compliance and intimation to the Authority.
Regulation 7 of the International Financial Services Centres Authority (Finance Company) Regulations...
Every Finance Company and Finance Unit must comply with Know Your Customer norms, measures to combat financing of terrorism, anti-money laundering obligations, and reporting requirements applicable to a Banking Unit in IFSCs.
Regulation 6 of the International Financial Services Centres Authority (Finance Company) Regulations...
Currency of operations for a Finance Company or Finance Unit must be conducted in freely convertible foreign currency with persons permitted by the Authority. Permitted INR-denominated transactions must be settled in freely convertible foreign currency. An INR account may be maintained from such foreign currency for administrative, statutory and other authorised purposes. Balance sheets must be maintained exclusively in United States Dollars, and a Finance Unit must keep its transaction accounts separate from those of its parent.
Regulation 5 of the International Financial Services Centres Authority (Finance Company) Regulations...
Finance Companies and Finance Units may conduct specified specialised, core and non-core financial activities, subject to applicable conditions, guidelines and registration requirements. Non-core activities must be conducted through separately identifiable departments with firewalls against conflicts of interest and a board-approved grievance redressal and customer compensation policy. Resident dealings remain subject to foreign-exchange law. Derivative transactions by entities conducting non-core activities are restricted to hedging underlying exposures, and speculative transactions may neither be undertaken nor funded.
Liquor business profit estimation must use reported actual sales, rejecting notional turnover derived from gross-profit margins.
Income from a liquor business should be estimated at 5% of the assessee's reported sales where those sales represent actual turnover. Applying a 24% gross-profit margin to the cost of goods sold to derive a higher turnover creates only a notional sales figure, absent determination of suppressed sales. Comparable liquor-trade matters support estimation of profit at 5% of goods put to sale. Accordingly, the addition based on enhanced estimated turnover is unsustainable, and income is computed at 5% of reported sales.
Regulation 4 of the International Financial Services Centres Authority (Finance Company) Regulations...
Finance Companies and Finance Units must comply with prudential requirements specified by the Authority, including a minimum capital ratio of regulatory capital to risk-weighted assets. They must maintain a liquidity coverage ratio on a stand-alone basis, subject to approved parent-entity maintenance for a Finance Unit. Aggregate exposure to a single counterparty or connected counterparties is limited to twenty-five per cent of the available eligible capital base without approval. Operational guidelines govern implementation.