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    Foreign Contribution (Regulation) Amendment Rules, 2008
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    Extension of statutory time limit for compliance under foreign contribution rules, increasing the prescribed filing period.
    The Central Government, under Section 30 of the Foreign Contribution (Regulation) Act, 1976, amends rule 8(2) of the Foreign Contribution (Regulation) Rules, 1976 by substituting the words "within four months" with "within nine months"; the amendment takes effect upon publication in the Official Gazette.
    Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Second Amendment) Regulations, 2008
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    Overseas investment by registered trusts and societies permitted with prior Reserve Bank approval subject to compliance criteria.
    Definitions for Trust and Society are inserted and Regulation 9A permits registered trusts and societies in the manufacturing, educational (and entities with hospitals) sectors to invest overseas in joint ventures or wholly owned subsidiaries in the same sector(s) with prior Reserve Bank approval. Schedule III sets criteria: registration, governing instrument and trustee/governing body approval, Authorised Dealer bank confirmation of KYC and bonafide activity, minimum three years' existence, no adverse enforcement notice, and required special licences where applicable. Regulation 11's proviso is amended to refer to the "prescribed period of realization."
    Foreign Exchange Management (Transfer or issue of Any Foreign Security) (Amendment) Regulations, 2008
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    Overseas direct investment reporting tightened: revised Form ODI filings, annual performance reports required, and proprietary share acceptance regulated.
    The 2008 amendments to the ODI Regulations, effective from 1 June 2007, mandate submission of specified parts of the revised Form ODI to designated authorised dealers: Part I for applications for direct investment or share exchange, Parts I and II for filing full details and remittance reporting within prescribed periods, and Part III as an Annual Performance Report certified by statutory auditors to be filed through authorised dealers within defined timelines tied to host country audit periods. The amendments also permit proprietary concerns to accept foreign shares for fees subject to prescribed caps and substitute the ODI form annexures with detailed reporting and certification requirements.
    FOREIGN EXCHANGE (COMPOUNDING PROCEEDINGS) (AMENDMENT) RULES, 2008 (AMENDMENT IN RULE 4)
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    Compounding threshold increases for FEMA proceedings expand monetary bands and raise maximum compounding limits under amended rules.
    Amendment substitutes higher monetary amounts in rule 4(1) of the Foreign Exchange (Compounding Proceedings) Rules, replacing the former figures in clauses (a)-(d) with larger specified amounts to raise the compounding thresholds and maximum compounding exposure; the amendment takes effect on publication in the Official Gazette and confines itself to textual substitution within rule 4(1).
    Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Second Amendment) Regulations, 2008
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    Foreign investment rules: revised definitions, expanded FII derivative access, and tightened reporting and approval obligations.
    Amendments modify definitions to treat capital as equity, preference shares and convertible debentures including compulsory convertibility; expand FII trading in approved exchange-traded derivatives subject to limits, margins and collateral; require reporting of rights and bonus issues in Form FC-GPR; mandate Reserve Bank approval for certain transfers (non-automatic route activities, financial services sector, takeover-triggering transfers, and transfers outside RBI pricing guidelines); and revise schedules to restate sectoral entry routes, caps, exceptions to prior-central-government permission and updated reporting/forms for ADR/GDR and foreign investment returns.
    Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Amendment) Regulations, 2008
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    Currency futures: residents may trade standardized exchange-traded contracts to hedge foreign exchange exposure subject to reserve bank directions.
    The amendment adds a definition of Currency Futures as a standardised foreign exchange derivative contract traded on a recognized stock exchange, excluding forward contracts, and inserts currency futures into the scope of foreign exchange derivative contracts. It further permits persons resident in India to enter into currency futures on recognized stock exchanges to hedge exposures or otherwise, subject to terms and conditions specified in directions issued by the Reserve Bank of India.
    Foreign Exchange Management (Exports of Goods and Services) (Amendment) Regulations, 2008
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    Extension of export compliance time-limits to twelve months for filings and declarations, applied retrospectively without adverse effect.
    The amendment substitutes references to "six months" (and "180 days" in the SOFTEX form) with "twelve months" in Regulation 9 (sub regulation (1) and its third proviso), Regulation 10, and in Schedule forms GR, SDF, PP and the Software Export Declaration, thereby extending prescribed time-limits for export-related compliances; the changes are deemed effective from 3 June 2008 and stated not to adversely affect any person.
    Foreign Exchange Management (Transfer or Issue of Security by A Person Resident Outside India) (Amendment) Regulations, 2008
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    Short selling by registered foreign institutional investors allowed subject to regulatory conditions, with retrospective effect.
    The amendment permits a registered Foreign Institutional Investor to undertake short selling and to engage in lending and borrowing of securities, subject to conditions stipulated by the Reserve Bank of India and the Securities and Exchange Board of India. The regulation is titled as an amendment to the principal FEMA transfer/issue of security regulations and is deemed to have come into force retrospectively from December 31, 2007, with a clarification that no person will be adversely affected.
    Issue of Foreign Currency Exchangeable Bonds Scheme, 2008
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    Foreign Currency Exchangeable Bonds allowed with RBI approval, prescribed pricing, five year minimum maturity and restricted end uses.
    The scheme permits Indian issuing companies within a promoter group to issue Foreign Currency Exchangeable Bonds to non residents exchangeable into shares of a listed offered company eligible for FDI; prior RBI approval is required, pricing must meet specified average market price tests, minimum five year maturity applies, exchange requires delivery of shares (no cash settlement), proceeds are restricted by ECB end use rules and outbound investment guidelines, corporate and SEBI approvals and disclosure obligations must be satisfied, and specified Indian tax withholding and non recognition rules apply to exchange and transfers between non resident holders.
    Foreign Contribution (Regulation) Amendment Rules, 2008.
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    Timeframe for foreign contribution reporting extended to within nine months, altering compliance period for regulated entities.
    The amendment to the Foreign Contribution (Regulation) Rules replaces the previous requirement to act "within four months" with a requirement to act "within nine months," thereby extending the compliance period for the filing obligation in the specified rule; it takes effect on publication in the Official Gazette.
    Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) (Amendment) Regulations, 2008
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    Foreign currency accounts permitted for foreign carriers and ship manning agencies to meet local operational expenses under RBI conditions.
    The amendment permits foreign shipping or airline companies and their agents to open, hold and maintain foreign currency accounts with authorised dealers in India to meet local expenses, with credits limited to freight or passage fare collections in India or inward remittances through normal banking channels from overseas offices or principals; authorised dealers may, under Reserve Bank directions, allow ship manning and crew managing agencies to maintain non interest bearing foreign currency accounts for ordinary business transactions.
    Certain Commissioner of Income Tax (Appeals) to act as Special Director (Appeals) u/s 17(1) of FEMA
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    Appointment of Special Directors (Appeals) to hear FEMA appeals across specified zones and jurisdictions under FEMA.
    Appointment of designated Commissioners of Income Tax (Appeals) as Special Directors (Appeals) to hear appeals against orders of Adjudicating Authorities under the Foreign Exchange Management Act, superseding an earlier notification and assigning each named officer responsibility for appeals within specified zones, sub zones and detailed territorial jurisdictions, to be exercised in addition to their existing duties with effect from the date of publication in the Official Gazette.

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