Providers holding continuation letters may operate BATF services in their existing legal form during the three-year transition, but must obtain registration to continue BATF services from IFSC. BATF operations must be ring-fenced, prescribed fees paid, and specified requirements met. Transitional exclusions apply to pre-existing contracts, manpower and assets and to migration to a newly incorporated entity; further conditions must be met within six months.

Safeguarding conditions restrict employee relocation and asset transfers from Group Entities in India to a BATF Service Provider. Transferred or relocated employees must remain within the prescribed workforce limit, and only employees without recent Group Entity employment qualify as new employees. The conditions apply annually for the prescribed period. Existing contracts or work arrangements are treated as transferred where subsisting client arrangements are shifted, or prematurely terminated and replaced by a new arrangement with the same service recipient.

19. (1) The reference to Accounting, Book-keeping and Taxation Services in clause 1.C (ii) and item no. 2 of Annexure I of the Ancillary Services Framework shall stand omitted after sixty (60) days from the commencement of these regulations. (2) Notwithstanding anything contained in these regulations, an Ancillary Service Provider, who has been issued a letter of continuation, shall adhere to the conditions specified in the Second Schedule. K. RAJARAMAN, Chairperson [ADVT.-III/4/Ext... ... ...

18. (1) The BATF Service Provider who contravenes any of the provisions of these regulations, guidelines, circulars or direction made thereunder, shall be liable for enforcement action under the Act, including but not limited to suspension or cancellation of registration. (2) No enforcement action as referred to in sub-regulation (1) shall be taken without giving reasonable opportunity to the BATF Service Provider to make its submissions. =============... ... ...

17. The BATF Service Provider shall pay such fee or charges as may be specified by the Authority from time to time. =============... ... ...

16. (1) For the purposes of implementation of these regulations and matters incidental thereto, the Authority may specify norms, procedures, processes, additional requirements, etc. by way of circulars or guidelines or directions. (2) In order to remove any difficulties in the interpretation or application of the provisions of these regulations, the Authority may issue directions through guidance notes or circulars. =============... ... ...

15. (1) The Authority, for reasons to be recorded in writing, may in the interest of development of financial market in IFSC, relax the strict enforcement of any requirements of these regulations. (2) For seeking relaxation under sub-regulation (1), an application giving details and the grounds on which such relaxation has been sought, shall be filed with the Authority along with a non-refundable fee as may be specified by the Authority. (3) The Authority shall process such application... ... ...

14. (1) The BATF Service Provider shall furnish information relating to its operations to the Authority, in such manner, interval and form, as may be specified by the Authority. (2) Any financial reporting by the BATF Service Provider to the Authority shall be in US Dollar, unless otherwise specified by the Authority. (3) The BATF Service Provider shall submit a certificate, issued by an independent third party practicing professional namely, CA, CS or CMA, certifying compliance of the... ... ...

13. (1) The BATF Service Provider shall carry out its operation in any Specified Foreign Currency. Provided that the BATF Service Provider shall be permitted to have an INR account to defray their administrative and statutory expenses and for such other purposes as may be permitted under the applicable laws. (2) Every BATF Service Provider shall maintain its balance sheet in any Specified Foreign Currency. =============... ... ...

CHAPTER VII MISCELLANEOUS 12. The BATF Service Provider shall ensure office space in IFSC of minimum carpet area computed at 60 sq. ft. per employee. =============... ... ...

HON'BLE MR. P.A. AUGUSTIAN, MEMBER (JUDICIAL) AND HON'BLE MR. PULLELA NAGESWARA RAO, MEMBER (TECHNICAL) For the Appellant : Mr. M.S. Nagaraja, Advocate For the Respondent : Mr. P. Saravana Perumal ORDER Per: P.A. Augustian M/s Deccan Charters Limited, Bangalore, the Appellants, are operating Non-scheduled Air Transport Service under Non-Scheduled Operator's Permit No 26/2008 dated 07.10.2008 issued by the DGCA, Ministry of Civil Aviation. The Appellants have leased air... ... ...

CHAPTER VI KEY MANAGERIAL PERSONNEL 11. (1) The BATF Service Provider shall designate a Principal Officer who shall be responsible for its overall activities in IFSC. (2) In addition to the above, the BATF Service Provider shall also designate a Compliance Officer who shall be responsible for reporting to the Board of Directors or head of the organization, as the case maybe, besides the compliance of policies, procedures, maintenance of records and the implementation of the requirem... ... ...

CHAPTER V SERVICE RECIPIENT 10. The BATF Service Provider shall ensure that the service recipient is a non-resident and is not from a jurisdiction which has been identified in the public statement of Financial Action Task Force as "High Risk Jurisdiction- subject to call for action". =============... ... ...

Regulation 9 applies a safeguarding condition to BATF Service Providers: BATF Services must not be offered through the transfer or receipt of existing contracts or work arrangements from group entities in India. The scope of such transfers or receipts is determined in accordance with Part B of the First Schedule.

Regulation 8 requires an applicant to ensure that its IFSC business is not established by splitting up, reconstructing, or reorganising a business already in existence in India. The determination of whether an existing Indian business has been split up, reconstructed, or reorganised must follow the requirements in Part A of the First Schedule. The prohibition applies to each specified method of establishing the IFSC business.

Fit and proper requirements require a BATF Service Provider to ensure that the entity and its principal officer, directors, partners, designated partners, key managerial personnel and controlling shareholders maintain fairness, integrity, financial integrity, good reputation, character and honesty. Disqualifications include relevant criminal convictions, pending recovery proceedings, winding-up for malfeasance, undischarged insolvency, regulatory restraints or orders within stipulated periods, unsoundness of mind, financial unsoundness, wilful default, fugitive economic offender status, and other specified disqualifications.

Registration may be granted to a BATF Service Provider subject to specified conditions. If deficiencies prevent grant, the applicant must be informed and given thirty days to rectify them, with a reasonable opportunity to make written submissions before rejection. A certificate remains valid unless cancelled or surrendered, and surrender requires approval. The BATF Service Provider must report material changes in previously furnished information.

Registration for BATF Services requires an application for a certificate of registration in the prescribed format and manner, accompanied by the specified non-refundable fee. Incomplete applications are liable to rejection. Applicants must be established in an IFSC as a company or limited liability partnership, and their promoters must be from jurisdictions not identified in the Financial Action Task Force public statement as high-risk jurisdictions subject to a call for action.

BATF Services in an IFSC require a certificate of registration, except for an Ancillary Service Provider. An Ancillary Service Provider intending to provide such services must communicate its willingness to operate within sixty days of commencement, in the specified form and manner. Until it receives a letter of continuation, the provider must comply with the requirements under regulations 8 and 9.

BATF Services comprise book-keeping, accounting, taxation and financial crime compliance services within the IFSC regulatory framework. A BATF Service Provider is an entity registered to undertake any or all of those service categories. Book-keeping excludes payroll and taxation services, while accounting includes non-assurance financial statement work and related valuation support but excludes auditing. Taxation services include consultation, planning, return preparation and filing, and financial crime compliance services cover AML/CFT measures and FATF-related activities.