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    February 27, 2016
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    Penalties under section 27 guide assessment of aggravating and mitigating factors to curb anti-competitive practices.
    The Commission may impose penalties under Section 27 and issue cease and desist orders; in fixing penalty quantum it weighs aggravating and mitigating factors to determine a fair amount intended to eliminate practices adverse to competition and to protect consumers.
    February 27, 2016
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    Business Responsibility Reporting expansion drives mandatory corporate responsibility disclosure and higher national reporting rates nationwide.
    Regulatory mandates have materially increased corporate responsibility disclosures: a survey identifies India as having the highest reporting rates, attributing the rise mainly to mandatory reporting requirements; expansion of Business Responsibility Reporting from the largest listed entities to a wider cohort via regulatory notification is highlighted as a principal driver of the elevated reporting rates.
    February 27, 2016
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    Company registrations under Companies Act: annual statistics report registration totals and sectoral, territorial distribution of new companies.
    Registration activity under the Companies Act for 2014-15 is reported with totals for new incorporations, listed companies, and authorised capital for public and private companies, together with a State/UT-wise breakdown categorising new registrations by area of operation (agriculture, industry with manufacturing subcategory, and services).
    February 27, 2016
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    Corporate Social Responsibility obligations require qualifying companies to allocate profits, form CSR committees and report annually on implementation.
    Companies meeting prescribed financial thresholds are subject to Corporate Social Responsibility obligations under Section 135 and rules, requiring allocation from average net profits, constitution of a CSR committee, board-approved CSR policy and board monitoring, and inclusion of a prescribed annual CSR report in the Board's report. Companies may implement CSR through trusts or Section 8 companies; eligible activities are indicated in Schedule VII. The Board selects and monitors projects; the Ministry publishes aggregate compliance and expenditure data but does not select projects.
    February 27, 2016
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    Definition of corporate fraud clarified, enabling strengthened governance, SFIO enforcement, technology-led detection and prosecutions measures.
    Investigations conducted through the Serious Fraud Investigation Office resulted in completed reports recommending prosecutions against companies, directors and officers for offences under the Companies Act and other statutes; a limited number of inquiries were stayed by courts.
    February 27, 2016
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    Competition regulation: CCI empowered to impose penalties and cease-and-desist orders for anticompetitive agreements and abuse of dominance.
    The Competition Commission of India is established under the Competition Act, 2002 to prevent practices adversely affecting competition, promote market competition, and protect consumer interests; it must forward an annual report to the Central Government. The CCI is empowered to address anticompetitive agreements and abuse of dominance by imposing penalties and issuing cease-and-desist orders; recent years' statistics of reported cartelisation and enforcement actions are recorded in annexures.
    February 24, 2016
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    Retail reservation in OFS enables separate bidding days for informed retail bids and reallocates unsubscribed shares to non-retail.
    SEBI-directed OFS procedure split bidding into two days: non-retail bidders bid on T day for the unreserved portion while retail bidders bid on T+1 informed by T day's cut-off price; retail bids may be priced or at cut-off and receive a retail discount. Non-retail bidders could opt to carry forward bids to T+1, and any unsubscribed retail allocation is to be reallocated to non-retail bidders at the cut-off price or higher per bids, keeping the OFS open effectively for two days.
    February 18, 2016
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    Conversion of unlimited liability companies requires a special resolution, creditor notice, solvency declarations and Registrar approval.
    Rule 37 requires a special resolution to convert an unlimited liability company into a limited liability company, publication of a notice within seven days and dispatch to creditors with 21 days for objections, and filing Form INC-27 within sixty days with specified attachments including creditor lists, altered constitutional documents, director declarations, a solvency declaration, and a statutory auditor's certificate. The Registrar decides the application on merits; objections must be resolved by consent, discharge, determination or security. On approval, Form INC-11A is issued; post-conversion restrictions and explicit ineligibility criteria are prescribed.
    February 17, 2016
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    Draft amendment defers Ind AS115; companies must apply Ind AS11 and Ind AS18 until April 2018.
    The draft rules defer the effective date of Ind AS 115, Revenue from Contracts with Customers, until accounting periods commencing on or after 1 April 2018; until then companies shall apply Ind AS 11 (Construction Contracts) and Ind AS 18 (Revenue). Consequential amendments across multiple Ind ASs (including presentation, disclosure, measurement and transition provisions) are specified in Annexure B and related appendices to maintain consistency with the temporary reversion to Ind AS 11 and Ind AS 18.
    February 13, 2016
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    Electronics development fund to back daughter venture funds financing domestic electronics and IT innovation and IP creation.
    Launch of an Electronics Development Fund establishes a government sponsored Fund of Funds to channel risk capital into India registered Daughter Funds that finance companies developing electronics, nano electronics and information technology. The EDF will commit to Daughter Funds that comply with applicable regulations, including SEBI rules, and aims to promote domestic innovation, R&D, product development, intellectual property creation and, where appropriate, acquisition of foreign technologies to reduce import dependence.
    February 3, 2016
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    Cooperative federalism urged to accelerate state economic growth through investment, manufacturing and R&D with targeted support.
    Karnataka should outpace national GDP by leveraging natural and human resources, attracting private and rural investment, and expanding manufacturing and research and development, with central support to mobilise investments into progressive sectors and reduce poverty through growth.
    February 3, 2016
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    Companies law committee report consultation invites targeted stakeholder comments online requiring paragraph-specific submissions and coordinated institutional responses.
    The Ministry invites stakeholder input on the Companies Law Committee report via a designated online facility; comments must reference specific paragraphs of the report and be submitted only through that portal, while professional institutes and industry chambers are requested to consolidate and route member submissions to avoid duplication.
    February 3, 2016
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    High-technology private equity fund formed to enable joint Russia-India equity investments under a bilateral MoU.
    Agreement to form a high-technology private equity fund for joint implementation of investments in India, accompanied by a joint working group to develop cooperation and negotiate definitive agreements based on the MoU; the Indian partner is a government-seeded Category II Alternate Investment Fund with a mandate to pursue infrastructure and commercially viable Greenfield and Brownfield projects and to attract foreign and domestic strategic equity participation.
    February 2, 2016
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    Memorandum of Association reform: option for a generic object clause to liberalise company purpose and simplify incorporation.
    Proposed amendments would permit a company to adopt a generic object clause in the Memorandum of Association, shorten the approved name reservation period with a reduced fee, replace certain statutory affidavits at incorporation with self-declarations while retaining dual certification by professionals and proposed officers, clarify time limits for establishing and changing the registered office, allow board authorised employees to authenticate company documents, and prescribe liability and a remediation period where membership falls below the statutory minimum.
    February 2, 2016
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    Deposit Reserve Requirement revised to reduce borrowing burden while preserving depositor safeguards and easing compliance for private companies.
    Proposed amendments change the deposit repayment reserve requirement to not less than twenty percent of deposits maturing in a financial year, recommend omission of the mandatory deposit insurance obligation due to absence of insurable products, limit indefinite bans on accepting deposits to companies that have not remedied past defaults while permitting rehabilitated companies to raise deposits after five years with disclosures, allow private infrastructure companies and start ups time limited exemptions from member deposit limits, incorporate repayment-as-original-terms for pre Act deposits into the Act, and modify minimum fines for deposit default while keeping the existing maximum.
    February 2, 2016
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    Registration of charges: proposed exemptions for liens and pledges to reduce operational burdens on clearing participants and NBFCs.
    The Committee recommends retaining the existing definition of "charge" while empowering the Registrar to exempt specified liens, securities or pledges from registration to address operational burdens for Clearing Corporation members and NBFCs. It further recommends aligning the time limits for companies to report satisfaction of registered charges with the timelines applicable to registration to reduce procedural friction.
    February 2, 2016
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    Auditor independence: amendments clarify appointment, rotation, disqualification, fraud reporting and consolidated audit scope.
    Proposed amendments focus on preserving auditor independence by removing annual ratification of five year appointments, treating premature unwillingness as resignation with casual vacancy rules, clarifying rotation transitional counting from AGM to AGM, modifying the definition of "relative" for disqualification, refining the scope of disqualification for prohibited services, expanding access rights for holding company auditors to associates and joint ventures for consolidation, narrowing consolidated audit reporting to true and fair opinion plus significant matters, retaining obligation to report continuing fraud, and updating liability, cost accountant definition and related disclosures.
    February 2, 2016
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    Disclosure of remuneration: strengthened reporting and revised rules to relax shareholder and government approvals for managerial pay.
    Reforms prioritise enhanced disclosure of managerial remuneration-retaining the director to median employee remuneration ratio-and recommend easing procedural constraints for paying remuneration in loss or inadequate profit scenarios by permitting ordinary shareholder approval for independent non promoter professionals, raising remuneration limits, removing government pre approval in favour of stronger disclosures and safeguards, clarifying profit calculation provisions including brought forward losses, prescribing special rules for investment companies, and expanding the concept, duties and registry filings for key managerial personnel while relaxing residency restrictions for managing directors.
    February 2, 2016
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    Inspectors' report access: entitlement to apply ensures availability to members, affected creditors and bodies corporate.
    Chapter XIV addresses enquiry, inspection and investigation reports; the statute limits Inspectors' report to investigations of companies and contemplates both interim and final reports. The provision permitting a copy to be obtained on application makes reports available to members, other bodies corporate and persons whose creditor interests appear affected, a scope the Committee found justified given the conclusive nature of some interim findings.
    February 2, 2016
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    Company conversion eligibility expanded so small business entities may register as companies, with small groups limited to private company status.
    The proposal reduces the membership threshold for entities formed under other laws to convert into companies, allowing entities with fewer members to register while providing that entities below the traditional seven member threshold must convert to a private company; the Committee recommended amending the statute accordingly. The Committee also recommended amendments to the Rules to permit registration of partnership firms governed by the Partnership Act as companies, noting this can be accomplished by rule change rather than by altering the Act.

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