GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF TRADE & TAXES VYAPAR BHAWAN, IP ESTATE, NEW DELHI- 110002 No.F.2 (530)/Policy/GST/2024/1958-65 Dated: 6/05/2024 ORDER In exercise of the powers conferred upon me under Sub Section (1) of Section 5 of The Delhi Goods and Service Tax Act, 2017 (Delhi Act 03 of 2017) and the rules made there under and further, in Continuation of order dated 22.12.2017 and partial modification of order dated 20.11.2019 (territorial jur... ... ...

The Act modernises the legal framework for use of banking records as evidence Simplified and standardised certification to facilitate use of banking records in legal proceedings The Government has consistently pursued reforms to strengthen the banking and financial sector, promote ease of doing business and modernise the legal and regulatory framework in line with the evolving needs of the economy. With banking practices and technology evolving rapidly, laws governing banking records also ... ... ...

131. (1) A scheme of the FME may be wound up :- (a) When the tenure of the scheme, as mentioned in the placement memorandum / offer document, is over; (b) If seventy-five per cent. (75%) of the investors, by value of their investment in the scheme, pass a resolution at a meeting of investors that the scheme be wound up. (2) The Authority, in the interest of investors and for orderly development of the financial market, may direct a FME to :- (a) wind up a scheme... ... ...

130. Merger, demerger and restructuring of the scheme(s) shall be in accordance with the conditions as may be specified by the Authority and with the prior approval by the Authority. =============... ... ...

129. (1) The FME may, at its discretion, constitute an Investment Committee to make investment decisions for the schemes. (2) All responsibilities casted upon the FME and Fund Managers under these regulations, to the extent applicable, shall also be complied with by the members of such Investment Committee. =============... ... ...

128. . (1) All fees and expenses should be clearly identified and appropriated separately for each scheme. (2) The FME shall ensure suitable disclosure in the offer document / placement memorandum regarding the maximum fees and expenses that it may charge and each expense item shall be disclosed separately as a specific line item in the offer document / placement memorandum. =============... ... ...

127. issued by FME, if any, shall be in conformity with the Advertisement Code as specified in the Fifth Schedule of these regulations. =============... ... ...

126. A FME shall pay the fees pertaining to annual fees, scheme filing fee or any other fees as may be specified by the Authority from time to time. =============... ... ...

125. (1) A FME shall seek prior approval of the Authority in case of any direct or indirect change in control of the FME: Provided that where a FME operating in the form of branch is required to take prior approval from its sectoral regulator in its principal place of operation, it shall only inform such change to the Authority, within fifteen (15) days thereof. (2) The Authority may consider such request for change in control subject to such conditions, as deemed appropriate including... ... ...

124. No guaranteed return shall be offered in a scheme or under an agreement for PMS, (a) unless such returns are fully guaranteed by the FME; (b) unless a statement indicating the guarantee including details thereof is made in the offer document / agreement; (c) the manner in which the guarantee is to be met has been stated in the offer document / agreement. =============... ... ...

123. (1) A FME shall have a sound risk management system for comprehensively managing all risks. (2) A FME shall have adequate internal procedures and controls, given the types of business in which it engages, including any activities which have been outsourced, with the aim of protecting the interests of clients/investors and their assets and ensuring proper management of risk. =============... ... ...

122. A registered FME shall have robust cyber security and cyber resilience framework in accordance with the requirements as may be specified by the Authority from time to time. =============... ... ...

121. (1) A registered FME shall maintain a business continuity plan identifying procedures relating to an emergency or significant business disruption. (2) A registered FME shall update its business continuity plan in the event of any material change in its operations, structure, business, or location. (3) A registered FME shall conduct an annual review of its business continuity plan. =============... ... ...

120. (1) The FME, fiduciaries or any person involved in the activities as detailed in these regulations shall accurately and timely furnish such reports, returns, statements and particulars, in such manner, interval and form, as may be specified by the Authority from time to time. (2) The Authority may call for any information, documents or records from FME and entities engaged by FME for any related functions on activities detailed under these regulations. (3) Where any information is... ... ...

119. (1) Every FME shall keep and maintain proper books of account, records and documents for each scheme so as to explain its transactions and to disclose at any point of time the financial position of each scheme and in particular, give a true and fair view of the state of affairs of the scheme, and intimate to the Authority the place where such books of account, records and documents are maintained. (2) Every FME shall maintain and preserve at least the following books of accounts, rec... ... ...

CHAPTER VIII GENERAL OBLIGATIONS AND RESPONSIBILITIES 118. Every FME, fiduciaries, KMPs (including Principal officer, Fund Managers and Designated Compliance Officer) shall abide by the specified in Third Schedule. =============... ... ...

117. The recognised stock exchange may delist Investment Trust or scheme or ETF, based on request received from the Investment Trust or FME, in the manner provided by the recognised stock exchange(s) or the Authority. =============... ... ...

116. The recognised stock exchange may delist Investment Trust or schemes or ETF if it is satisfied that - (a) the Investment Trust / Scheme / ETF is suspended for trading for more than six months or parties to Investment Trust or FME are not taking adequate action to obtain restoration of listing and trading; (b) the Investment Trust or parties to Investment Trust or FME is no longer eligible for listing or trading; (c) the Investment Trust or schemes or ETF have ... ... ...

115. (1) The Authority or the recognised stock exchange may suspend the listing and trading of units of an Investment Trust or schemes or ETF if: (a) the Investment Trust or parties to the Investment Trust or the FME are in non-compliance with the regulatory provisions specified by Authority or the recognised stock exchange(s); (b) the Investment Trust or schemes or ETF is suspended in any other stock exchange; or (c) the suspension is required for ensuring orderly... ... ...

114. (1) An ETF or Investment Trust (by whatever name it may be called outside IFSC) may be allowed to list and trade on a recognised stock exchange provided: (a) The ETF or Investment Trust, as the case may be, is listed in India (outside IFSC) or in a foreign jurisdiction; and (b) The ETF or Investment Trust is in compliance with the law of its home jurisdiction. (2) The application for listing of such ETF or Investment Trust shall be filed with the recognised stock ex... ... ...