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    News
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    December 23, 2016
    Show AI Summary
    Digital payments incentive schemes use prize draws to drive consumer and merchant adoption through specified eligible channels.
    Central government initiative uses incentivised prize draws under the Lucky Grahak Yojana (consumers) and Digi Dhan Vyapar Yojana (merchants), implemented by the National Payments Corporation of India, to promote digital transaction uptake. Eligibility is limited to transactions through RuPay cards, USSD, UPI and AEPS, with draws conducted across multiple cities and outreach through Digi Dhan Mela booths and help centres to assist citizens and merchants with app downloads and transaction facilitation.
    December 17, 2016
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    Minimum paid-up capital removal facilitates company incorporation and streamlines registration and compliance processes.
    The Ministry of Corporate Affairs reported rising numbers of active companies through 2016 and stated the impact on employment has not been assessed. To promote growth and improve ease of doing business, the Ministry removed the minimum paid up capital requirement at incorporation, made the common seal optional, established a Central Registration Centre, deployed the SPICe electronic incorporation form, and granted conditional exemptions or relaxations under the Companies Act, 2013 including for startups.
    December 17, 2016
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    Early Warning System being developed to detect financial frauds; no Companies Act rehabilitation or compensation scheme exists.
    An Early Warning System is being developed through an engaged consulting agency to enable early identification and pre-intimation of financial frauds; development is iterative and results will follow once the conceptual framework stabilises. Concurrently, no scheme exists under the Companies Act for rehabilitation or compensation of victims affected by corporate financial frauds.
    December 17, 2016
    Show AI Summary
    Capital requirements for Nidhi companies restrict debt issuance and set membership and net-owned-fund thresholds for operation.
    A Nidhi must be a public company maintaining a minimum paid-up equity share capital, is prohibited from issuing preference shares, debentures or any other debt instrument, and may not admit a body corporate or trust as a member. Within one year of the Rules' commencement each Nidhi must meet a minimum membership threshold and maintain Net Owned Funds at or above the prescribed level or any higher amount specified by the Central Government.
    December 17, 2016
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    Corporate political contributions limited by law; eligibility, disclosure and procedural restrictions govern donations to parties and electoral trusts.
    Section 182 of the Companies Act, 2013 permits a non-government company with at least three years' existence to contribute up to a statutory proportion of its average net profits for the preceding three years to registered political parties or electoral trusts, subject to eligibility, disclosure, accounting and other restrictions; the provision does not apply to foreign companies.
    December 10, 2016
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    Abuse of dominance and anti-competitive conduct prompt multiple CCI investigations into cellular providers, seeking penalties and cessation.
    The Competition Commission of India has registered four investigations into alleged anti-competitive agreements and abuse of dominance by private cellular service providers following complaints naming industry associations, multiple mobile operators and, in one instance, regulatory and public telecommunication entities; the CCI is empowered to impose penalties and issue cease and desist orders under the Competition Act, 2002.
    December 9, 2016
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    Unclaimed investor funds credited to Investor Education and Protection Fund, refunds and awareness funded via budgetary allocations.
    Unclaimed and unpaid amounts must be credited to the Investor Education and Protection Fund and, once credited, form part of the Consolidated Fund of India; refunds to eligible investors and financing of investor-awareness programmes are effected through separate Ministry budgetary allocations rather than direct utilization of the Fund.
    December 9, 2016
    Show AI Summary
    Corporate Social Responsibility obligation requires boards to adopt CSR policies and allocate funds across prescribed development sectors.
    Section 135 of the Companies Act 2013 mandates a Corporate Social Responsibility contribution by companies above specified financial thresholds, calculated from average net profits of the preceding three years, and tasks Boards with framing CSR policies and allocating funds across development sectors; government data for 2014-15 shows a mix of reporting and non reporting among companies, differentiating public and private sector conduct and aggregate reported expenditures.
    November 29, 2016
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    Insolvency Professional Agency registration enables enrolment and regulation of insolvency professionals, advancing the new insolvency framework.
    Two Section 8 not-for-profit companies have been registered as Insolvency Professional Agencies authorised to enrol insolvency professionals, prescribe and monitor standards of professional conduct, supervise member performance and redress consumer grievances; their registration under the Insolvency Professional Regulations, 2016 enables commencement of professional enrolment and advances implementation of the Insolvency and Bankruptcy Code, 2016.
    November 23, 2016
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    Insolvency professional agency eligibility updated: new regulations set corporate eligibility, board composition and mandatory oversight committees.
    The IBBI notified two regulations prescribing eligibility norms and governance requirements for Insolvency Professional Agencies and professional members. Eligible agencies must satisfy a minimum net worth requirement, restrict the share of insolvency professionals on their boards while ensuring a majority of independent directors, adopt model bye-laws, and constitute Membership, Monitoring, Grievance Redressal, and Disciplinary Committees to regulate enrollment, oversight, complaints, and disciplinary processes.
    November 19, 2016
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    National Agriculture Market reforms to integrate regulated mandis and improve farmer price benefits through technology and market access.
    Prioritise agricultural productivity and farmer incomes through technology (high-yield seeds, water-efficient irrigation, IT tools linking farmers and consumers) and revisit farming incentives to reduce wastage and improve marketing. Implement a National Agriculture Market by integrating over five hundred regulated mandis via State APMC Act reforms. Operational suggestions include increased funds to District Cooperative Banks post demonetisation, cargo hubs/dry ports at production centres, Agriculture Marketing Research Departments at universities, debt-relief schemes, enforced differential interest rates for agriculture, innovation awards, cold-chain investment, and larger budgetary support for agriculture.
    November 18, 2016
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    Unclaimed dividend transfers to Investor Education and Protection Fund require budgeted refunds to eligible investors and investor awareness funding.
    Specified unclaimed and unpaid amounts, including unclaimed dividends, must be credited to the Investor Education and Protection Fund; such amounts are part of the Consolidated Fund, and the Ministry receives separate budgetary allocations from that Fund to refund eligible investors whose amounts were credited and to finance investor awareness activities under the Companies Act.
    November 18, 2016
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    Definition of fraud expanded under company law, strengthening SFIO powers and mandating technology-driven fraud detection.
    SFIO has handled a rising volume of corporate fraud references, initiating numerous prosecutions with several court disposals and convictions imposing imprisonment and fines on directors. Its statutory mandate under company law is to investigate violations of the Companies Act and pursue penal action. The Government has strengthened fraud detection and response by defining Fraud in the Companies Act, conferring statutory status on SFIO, and deploying technology such as data mining and Forensic Audit; SFIO's year-to-year expenditures have been reported.
    November 9, 2016
    Show AI Summary
    Investor Education and Protection Fund Authority sets recruitment, deputation, pay and service conditions for its officers and employees.
    These rules set recruitment, pay bands, grade pay, deputation procedures, eligibility and service conditions for all officers and employees of the IEPF Authority. The Schedule specifies posts, methods of recruitment and selection committees; deputation appointments require invited applications and evaluation by the Schedule specified committee. Deputation periods are three years for grade pay below Rs.6600 and five years for grade pay Rs.8700 or above, subject to extension and a maximum deputation age of fifty six; service conditions, HRA, leave and disciplinary procedures follow corresponding Central Government rules.
    October 22, 2016
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    Foreign Direct Investment approvals, deferrals, rejections and categorisation clarified for acquisitions, reorganisations and post facto regularisations.
    The Government approved four FDI proposals recommended by FIPB: DiaVikas Capital Private Limited's buy back to enable 100% foreign shareholding; IFC FIG Investment Company I's purchase of a minority stake in Bandhan Financial Services Ltd.; IBM India Pvt Ltd's corporate reorganisations and multiple post facto approvals for subsidiaries and dormant status; and BNP Paribas' acquisition of Sharekhan Limited and related holding company in the NBFC/financial services sector.
    October 22, 2016
    Show AI Summary
    Retail reservation and cut-off price sequencing shaped the OFS sale, granting retail discount and separate T/T+1 bidding windows.
    Disinvestment proceeded by an Offer For Sale of fifteen percent of paid-up equity with twenty percent reserved for retail investors; non-retail bids were taken on T day to discover a cut-off price and retail bids on T+1 could use that cut-off or submit price bids, with retail bids below the small-investor threshold receiving a five percent discount; floor and reference market prices were published and the sale reduced the Government's shareholding to seventy-five percent.
    October 3, 2016
    Show AI Summary
    Company incorporation form SPICe streamlines electronic filings, standardises e MOA/e AOA formats and replaces older INC forms.
    Ministry of Corporate Affairs introduced the Simplified Proforma for Incorporating a Company Electronically (SPICe) e-Form to standardise and expedite company incorporation by replacing INC-29 and INC-7. SPICe requires linked e MOA and e AOA (except Section 8 companies), permits incorporation with a pre-approved name, mandates Digital Signature Certificates for subscribers and witnesses, and aims to improve back-office review speed through a fully digital filing process.
    September 28, 2016
    Show AI Summary
    Closure of public sector company: approval provides voluntary separation packages and statutory settlement of employee and creditor liabilities.
    Approval is granted for the closure of Hindustan Cables Limited, Kolkata under applicable company and labour laws, to be implemented in a time bound manner following Department of Public Enterprises guidelines. Employees will be offered voluntary separation packages (VRS/VSS) at notional historic pay scales and outstanding salary and wage liabilities will be settled; retrenchment procedures under the Industrial Disputes Act will be followed where required. Creditor arrangements include negotiated One Time Settlement with secured lenders and conversion of government loans into equity, while disposal of movable and immovable assets will proceed to enable optimal reuse.
    September 21, 2016
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    Foreign Direct Investment approvals: selected proposals cleared; other proposals deferred or not within FIPB jurisdiction.
    Government approvals and administrative classifications by FIPB record three FDI proposals approved, seven deferred pending further scrutiny, and two proposals not lying before the Board because they fall under the automatic route or otherwise do not require FIPB consideration. Approved items cover additional manufacturing and distribution activities and share transfers; deferred items range from succession-related share transfers and object changes in a publishing company to downstream investments, proposed mutual-fund distribution activities, divestment and repatriation of proceeds, and complex financial-sector acquisitions. A tabled insurance-broking acquisition was recommended for increased FDI after amendment of transactional documents.
    September 21, 2016
    Show AI Summary
    Winding up of a government-De Beers joint venture approved; diamond supply continuity supported by SNZ viewing and e auction access.
    Approval was granted to initiate the winding up of Hindustan Diamond Company Private Limited, a 50:50 government-De Beers joint venture formed to supply rough diamonds to Indian processors. The action is not expected to disrupt supply because Indian firms have become sightholders and a Special Notified Zone at the Bharat Diamond Bourse facilitates domestic viewing by Foreign Mining Companies while sales occur via e-auction from abroad, maintaining market access for smaller manufacturers.

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      Corp. Laws, SEBI & IBC

      Government Approves Three (3) Proposals of Foreign Direct Investment (FDI)

      September 21, 2016

      Contents
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      Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its 239th meeting held on 30th August 2016, the Government of India has approved three FDI proposals as per details enclosed.

      The following three (03) proposals have been approved:

      S. No

      Item No

      Name of the applicant

      Gist of the proposal

      Sector

      FDI (Rs.  crore)

      1

      1

      Dr. Willmar Schwabe lndia Pvt Ltd

      Approval has been sought for the following additional activities:
      i.   To commence manufacturing and distribution of dietary supplement products and nutraceuticals manufactured in India by way of retail sale and/or wholesale;
      ii. Distribution of dietary supplement products, nutraceuticals imported by the company by way of wholesale distribution; and
      iii. To Set up health care center and provide health care services

      Pharma

      Nil

      2

      2

      M/s SAET India Pvt. Ltd

      Approval has been sought to transfer of shares from a non-resident to another non-resident for INR 732.6 per share.

      Investing Company

      Nil

      3

      3

      M/s Bugworks Research India Private Limited

      approval for transfer of equity shares from existing resident shareholders to M/s Bugworks Research Inc, USA (‘Bugworks Research Inc’) aggregating to shareholding of 99.99% of the paid up equity share capital of Bugworks India.

      Pharma

      0.35

        The following seven (07) proposals have been deferred: 

      S. No.

      Item No

      Name of the applicant

      Gist of the proposal

      Sector

      1

      4

      M/s Rain Industries Limited

      Approval has been sought for transfer of 51,570 shares to Mr. Rafique Dawood having dual citizenship of Canada and Pakistan which was allotted to his father Late Mr. Siddique Dawood. Mr. Rafique Dawood is legal heir and son of Late Mr. Siddique Dawood

      Manufacturing

      2

      5

      M/s Entrepreneur India Media Private Limited

      Approval has been sought for undertaking the additional business of publishing magazines. Foreign investment of INR 2,50,000 has already been brought in under the Automatic Route and shares have already been allotted to the investor. Government Approval is now required due to change in the Main Objects of the Company i.e. publishing of scientific and technical magazines.

      Print media

      3

      6

      M/s Bashundhara Paper Mills India Private Limited

      approval to allow the foreign investment against the initial subscription of the equity shares and proposes to undertake Cash and Carry Whole sale Trading/Wholesale Trading of paper napkins, tissue rolls, hygiene products and other related products.

      Cash and Carry Whole sale Trading/Wholesale Trading

      4

      7

      M/s BNP Paribas Asset Management India Private Limited

       Approval for downstream investment into M/s MF Utilities India Private Limited (MFUI), which is registered with SEBI for acting as registrar to an issue in Category II* (to carry on the activity either as a registrar to an issue or as a share transfer agent).  For said investment, MFUI proposes to issue fresh equity share capital to BNPP AMC.

      Financial Services

      5

      8

      M/s Whizdm Innovations Private Limited

        Proposal to undertake activities of mutual fund distributor through its mobile application namely, Moneyview, to assist its users in investing into mutual funds. In this context, the Company has sought:
      (i) Confirmation of the FIPB that the proposed activities of acting as a mutual fund distributor are under the automatic route.
      (ii)  If the proposed activities fall under the other financial services sector which is under approval route, FIPB’s approval may be granted.

      Financial Services

      6

      11

      M/s TM Harbour Services Private Limited

      Approval for divestment of its existing 100% foreign equity participation by M/s TKM Global GmbH (‘TKM GmbH/TKM Germany’) and M/s International Shipping and Logistics FZE, Dubai (‘ISL’) to an Indian company and repatriation of sale proceeds to TKM GmbH and ISL.

      Shipping

      7

      12

      M/s Sharekhan limited

      Acquisition of up to 100% of the share capital of Sharekhan Limited other than the shares held in Sharekhan Limited by Human Value Developers Private Limited by BNP Paribas SA France and/or one or more of BNPs French subsidiaries. II. Acquisition of 100% capital of Human Value Developers Private Limited by BNP and/ or one or more of BNPs French subsidiaries.

      Financial Services

      The following two (02) proposals do not lie before FIPB:

      S. No.

      Item No

      Name of the applicant

      Gist of the proposal

      Sector

      1

      9

      M/s Valplast lnfrastructure Pvt Ltd

      Approval has been sought for having received indirect foreign investment from a foreign owned company called M/s Renesco India Pvt. Ltd. The company is engaged in an activity on the automatic route.

      Construction

      2

      10

      M/s Ceva Sante Animale

      Approval for 100% investment in M/s Polchem Hygiene Laboratories Private Limited by way of (A) 74% of the share capital of the investee company i.e. M/s Polchem Hygiene Laboratories Private Limited by the investor i.e. M/s Ceva Sante Animale in two tranches

      Pharma

      Tabled item

      Regarding the proposal of M/S Almondz Insurance Brokers Pvt Ltd which was approved in the 232nd meeting held on 7th March 2016 subject to submission of an amended Share Purchase Agreement, the Board noted that the applicant had submitted the amended Share Purchase Agreement / Shareholders’ Agreement after deleting the requisite clauses, and accordingly, recommended the increased FDI upto ₹ 59 crore for approval.

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      ActsIncome Tax