E Corporate Manager June 2022 - FINAL
E Corporate Manager June 2022 - FINAL
E Corporate Manager June 2022 - FINAL
PRESENTED BY
AHMEDABAD CHAPTER OF WIRC OF ICSI
Editorial Committee of Ahmedabad Chapter of WIRC
Chairman of the Committee
CS Kuldipsinh Zala
Our Committee-mates
1. Only 2 Articles are allowed per member in a financial year. More than 2 articles per person
shall be allowed with the Approval of Editorial Committee.
3. There shall be maximum 4 Articles per Edition of E Corporate Manager. More than 4 Articles
shall be allowed with the Approval of Editorial Committee.
FORMAT OF DECLARATION-CUM-UNDERTAKING
2. I affirm that:
a. The article titled “ ”is my original contribution and no portion of it has been adopted
from any other source;
b. This article is an exclusive contribution for e-corporate manager and has not been /
nor would be sent elsewhere for publication; and
c. The copyright in respect of this article, if published in e-corporate manager, shall vest
with the Institute.
d. The views expressed in this article are not necessarily those of the Institute or the
Editor of the e-corporate manager.
3. I undertake that:
b. Shall abide by the decision of the Institute, i.e., whether this article will be published and
/ or will be published with modification / editing.
c. Shall be liable for any breach of this ‘Declaration-cum-undertaking’
CS Kiran Goklani
Email: cskirangoklani@gmail.com
Company Secretaries have transitioned to one of the key governance positions within a
Company and can help align the Company’s policies, the management functions, various
regulatory compliances and the mutual ethics and trust in a Company to achieve
corporate growth. It has been very rightly said that “the profession of Company
Secretaries has an important part to play in the introduction of professionalism in the
area of corporate management” by Shri P Shiv Shankar, the erstwhile Minister of Law,
Justice and Company Affairs.
Despite having an array of roles in different areas, it is a common belief that the role of
Company Secretaries is confined to Company Law alone. However, over the years it has
been observed that Company Secretaries have ventured into areas beyond Company
Law and have emerged as experts in taxation, financial market services, mergers &
amalgamations, etc. Many of the Corporates find it useful to consider Company
Apart from being an expert in their own field, it is the ethics and the values that make
Company Secretaries distinct as a professional. Being diligent in what they do and
responsible for their act makes the company achieve its goals.
A good Company Secretary should be able to assist the organization with identifying
what should make up the correct infrastructure for each organization. In addition, and
some would say more importantly, once the correct infrastructure has been identified,
the Company Secretary should be able to assist the organization with the creation of the
culture and the relationships required to ensure that the infrastructure is implemented,
managed, and maintained effectively for the success of the organization. Hence, as
professionals, it is a constant endeavour to develop themselves to be better at their job
and have the knowledge to be able to guide not only the Board of Directors of a Company
but also each individual who help run the show. Whatever type of organization the
Company Secretary works for, he or she usually plays a valuable role as a “bridge” for
information, communication, advice, and arbitration between the board and management
and the organization and its stakeholders, including its shareholders.
The role of company secretaries is at the pace of growth in Indian companies; with an
increase in number of compliances the need and responsibilities of CS cannot be
neglected. If a company does not comply with the advent procedures of Companies Act
and other authoritative laws; it may run into a number of penalties which negatively
impacts the Corporate as a whole. Additionally, A CS is an officer responsible for
compliance with numerous legal requirements under different legal acts, including the
Companies Act, 2013 as applicable to companies. Since it is the CS who is also “an
officer in default”, therefore, the onus to ensure timely compliance of law is on her similar
to any member of the board
Company secretaries are the eyes and ears of an organisation, ensuring that crucial
information flows securely to the correct people, that board meetings are effective and
that proper records are kept. Working in such close proximity to the board of directors
inevitably means being privy to some of the most important decisions made within the
Company. In a self-regulated regime, a Company Secretary subjected to a strict code of
CS as a Business Supporter :
CS as an Auditor:
To ensure corporate discipline and compliance with the laws; the Companies Act
confides a company secretary to annex a Secretarial Audit Report to the authorities
in form MR-3 ensuring compliances of the company with procedures defined in
general laws and legal acts.
CS as an Advisor:
AMENDMENTS IN SCHEDULE III DISCLOSURES W.E.F APRIL 01, 2021 (FY 2021- 22 Onwards)
MCA, vide notification dated March 24, 2021 has further prescribed additional disclosure
required in the financial statements in schedule III to the Companies Act, 2013. The
amendments (Division I, II and III of Schedule III) shall be applicable from FY 2021-22.
The amendments have been brought to the Companies (Accounting Standards) Rules, 2006 as
well as the Companies (Indian Accounting Standards) Rules, 2015 including NBFCs.
Shares held by promoters at the end of the year % Change during the year***
S.No. Promoter name No. of % of
shares** total
shares**
Total
5 “current maturities of Long term borrowings” reclassified under “Short-term borrowings” from
“Other current liabilities”.
6 Sub- item “(ia) Security Deposits” reclassified under “Other non-current assets” from “Long-
term loans and advances”
8 Trade receivables outstanding, both non-current and current following ageing schedule
shall be given:
Trade Receivables ageing schedule
# similar information shall be given where no due date of payment is specified, in that case
disclosure shall be from the date of the transaction.
- Building
Investmen Land
t property
- Building
Non- Land
current
asset held
for sale
- Building
others
14 Wilful Defaulter
Where a company is a declared wilful
defaulter by any bank or financial Institution
or other lender, following details shall be
given: (a) Date of declaration as wilful
defaulter,
(b) Details of defaults (amount and nature of
defaults)
16
18 19.
A
disclosure to effect that the
books of accounts of the
company are in accordance
with the approved scheme of → Ageing of capital work in progress (CWIP) and any
arrangement Company ‘in other CWIP which has exceeded its originally planned
accordance with the Scheme’ cost or completion schedule.
and ‘in accordance with → Details of projects where activity has been
accounting standards’ and suspended shall be disclosed separately.
deviation if any in this regard
shall be explained.
20 Loan Granted to Promoters, Directors, KMPs and
the Related Parties:
The company shall disclose all the loans and advances
in the nature of loan granted to promoter director
and KMPs and related parties, severally or jointly
with any other person either repayable on demand,
without specifying any terms or period of repayment.
Type of Amount of loan Percentage to
Borrower or advance in the total Loans
the nature of and Advances
loan in the nature of
outstanding loans
Promoter
Directors
KMPs
Related Parties
20
Explanation shall be given to the items included in numerator and denominator for
computing the above ratios. Further explanation shall be provided for any change in
the ratio by more than 25% as compared to the preceding year.
Lease liabilities: Under IND AS: Lease liabilities are to be presented under non-current
financial liabilities & current financial liabilities as a line item separately from borrowings.
Lease liabilities under non-current liabilities represent principal amount of such lease
liability payable (as recognised and measured in accordance with Ind AS 116, Leases) beyond
a period of 12 months from the reporting date
→ Similarly there are changes in disclosure formats made for change in equity, trade
receivables, Payables.
GUIDANCE NOTE ON DIVISION I – NON IND AS SCHEDULE III TO COMPANIES ACT 2013 :
https://resource.cdn.icai.org/68981clcgc55147-gnd1.pdf
GUIDANCE NOTE ON DIVISION II - IND AS SCHEDULE III TO THE COMPANIES ACT, 2013:
https://resource.cdn.icai.org/68982clcgc55147-gnd2.pdf
GUIDANCE NOTE ON DIVISION III - SCHEDULE III TO THE COMPANIES ACT, 2013 FOR NBFC
THAT IS REQUIRED TO COMPLY WITH IND AS :
https://resource.cdn.icai.org/68983clcgc55147-gnd3.pdf
a. Where the company covered under section 135 of the companies act, the following
shall be disclosed with regard to CSR activities:-
Amount of Profit and loss Amount of currency held Deposit or advance taken
made from crypto at reporting date. from any person for
currencies. trading or investment in
crypto.
#Source: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1744542
DISCLAIMER: The above write up is prepared to the best of knowledge, the images represented
is for illustration purpose only for better understanding. , ANY error may be reported to
mentioned email id. this is open for discussion.
ABOUT ARTICLE:
This article contains various Compliance requirements for the Month of June, 2022
under various Statutory Laws. Compliance means “adhering to rules and
regulations.” Compliance is a continuous process of following laws, policies, and
regulations, rules to meet all the necessary governance requirements without any
failure.
FEMA ACT within 30 days The domestic custodian shall report the Downstream
1999 from the date of issue/ transfer/ of sponsored/ unsponsored statement -
allotment of capital depository receipts Form DI &
instruments
reporting at
FIFP too
Capital Account and Current Account – The purpose of the capital account is to
adjust the assets and liabilities of individuals outside India to persons residing
Types of
Accounts
in India. Thus any transaction that results in a change of the overseas assets and
liabilities in India of an Indian residing outside India or transactions overseas of
a person residing in India will be considered under the capital account. All other
transactions fall under the category of the current account.
There is option for the Non-Resident Indians to set up various bank accounts in
NRI Bank
Accounts India, like FCNR, NRE and NRO Accounts.
This is the first time that RBI is considering using the images of famous personalities other than
Mahatma Gandhi on the banknotes.The RBI and the Security Printing and Minting Corporation
of India (SPMCIL), which is under the Finance Ministry, are learnt to have sent two separate
sets of samples of Gandhi, Tagore and Kalam watermarks to IIT-Delhi Emeritus Professor Dilip
T Shahani, who has been told to choose from the two sets and present them for final
consideration by the government. (Source: Click Here)
2. RBI meet, inflation among six key factors that may guide market this week
The Indian equity market continued to move northwards for the third consecutive week as
investors continued to assess new data on inflation and economic activity. Benchmark indices -
BSE Sensex and Nifty50 - gained up to 2 per cent during the week. BSE Midcap index gained
more than a per cent, whereas index gauged to smallcap stocks rallied 3 per cent.
Markets have been witnessing a rebound for the last 3 weeks. However, the move lacks
decisiveness due to lingering challenges like global tightening due to inflation, geopolitical
tension, and other factors, he added.
Among the sectoral front, BSE realty and energy indices gained 5 per cent each, whereas IT index
zoomed 4 per cent. Power and utilities index topped the laggers with a 5 per cent fall, whereas
the healthcare index dropped 2 per cent. (To Read more Click Here)
3. RBI imposes monetary penalty on Punjab and Sind Bank for non-compliance
The Reserve Bank of India (RBI) on Friday imposed a monetary penalty of ₹27.50 lakh on a
public sector bank, Punjab & Sind Bank for non-compliance with certain directions of the central
bank. The penalty was for non-compliance with RBI directions on ‘External Benchmark Based
Lending’.
In a statement, RBI said, "This action is based on the deficiencies in regulatory compliance and
is not intended to pronounce upon the validity of any transaction or agreement entered into by the
bank with its customers."
The penalty comes after when RBI had carried out a statutory inspection for Supervisory
Evaluation of the bank concerning its financial position as of March 31, 2020, and the
examination of the Risk Assessment Report, Inspection Report, and all related correspondence
about the same.
The important question is which ITR form should be used and by whom. Although the
instructions to file ITR forms for FY 2021-22 are not available yet, the details based on
previous year instructions and ITR forms for FY 2021-22 are summarised.
If the ITR is not filed by the due date which is currently July 31, 2022 (for salaried
individuals), penalty ranging from Rs 1,000 up to Rs 5,000 will be levied and needs to be
remitted before the ITR can be filed. This fee or penalty has to be paid even if the tax
liability is nil. Further, in case of belated filing, taxpayers will also not be able to carry
forward certain losses for set-off in the future years.
CBDT explained that the scope of the Supreme Court order applies to all reassessment
notices issued between April and June of 2021 under the earlier provision for reassessment
irrespective of whether these were challenged in the court or not. CBDT clarified that
notices cannot be issued for assessment years 2013-14, 2014-15 and 2015-16 if the income
that escaped assessment for those years is likely to be less than ₹5 million.
From May 26 onwards, anyone depositing or withdrawing Rs 20 lakh or more from one or more
bank accounts in a financial year will have to quote the Permanent Account Number (PAN) at the
time of withdrawal.
The government said that the measure is in sync with the policy to reduce the use of cash
for transactions and the push for digital modes.
The CBDT notified amendments in the Income Tax Rules, 1962 prescribing new
transactions for obtaining and quoting PAN.
The notification says, "the term transactions include deposit/withdrawal of cash
amounting to Rs 20 lakh or more in a financial year through one or more bank accounts.
Account(s) with not just commercial bank but even co-operative bank or post offices."
In the Budget for 2020, the Finance Ministry had introduced Tax Deducted at Source
(TDS) on cash withdrawal in excess of Rs 20 lakh and this amendment to the rule has
been added for specific transactions.
With this, the government has put the onus of quoting the PAN and Aadhar details at the
time of initiating a transaction both on the customer and financial institutions, which
include a bank, co-operative bank and a post office .
Sources say that the government will also come out with SOPs for the authentication of
the PAN and Aadhaar.
With this, there is yet another filter in place to ensure that everyone who operates a bank
account gets a PAN to make cash transactions of Rs 20 lakh or more.
b). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
c). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
E. GST Refund:
Form No. Compliance Particulars Due Date
RFD -10 Refund of Tax to Certain 18 Months after the end of quarter for
Persons which refund is to be claimed
Kindly Note:
For GSTR - 3B -Tax Liability Payment: 25.05.2022: Due Date for Payment of Tax Liability
for the taxpayer with Aggregate turnover up to INR 5 crores during previous year and who has
opted for Quarterly filing of return under QRMP.
The Goods and Services Tax (GST) Council is unlikely to change the inverted duty structure for
textiles at its next meeting, which is expected to be held in the third week of June, CNBC TV-18
reported on June 3, quoting sources.
The GST Council may also take up the Group of Ministers (GoM) report on online gaming,
casinos, and race courses. The GoM, headed by Meghalaya Chief Minister Conrad Sangma, has
a consensus on a tax rate of 28 percent on these services.
The GST Council is also likely to extend the timeline for GoM on the rate rationalisation by six
months. The council may begin discussions to bring Virtual Digital Assets (VDAs) and crypto
assets under the GST ambit. The Supreme Court recently ruled that the recommendations by the
GST Council are not binding on states or the Centre and only hold a persuasive value. (To read
more: Click Here)
The State GST Department has invited applications from traders to avail of the amnesty scheme
announced in the state budget 2022. Applications can be submitted online. Businesses can submit
options to settle arrears of various taxes like the Kerala Value Added Tax (KVAT), General Sales
Tax, Central sales tax, luxury tax, surcharge and Agriculture Income Tax.
There is a 100% waiver on interest and penalties except for KGST arrears after 2005. In the case
of KGST defaulters, the penalty has been waived only for arrears after 2005. A 40% waiver will
be given to those who remit the arrears in one go and 30% for those who pay up in instalments.
The amnesty scheme is also applicable for pending cases.
3. GST: Small Online Retailers May Soon Be Exempted From Indirect Tax Registration
In a move that could boost the reach of small enterprises through e-commerce, small online sellers
may soon be exempted from GST registration and the discussions are on between the central and
state governments regarding this, according to a livemint report. Currently, all e-commerce
retailers must register for GST irrespective of their turnover.
“Representations have come from the industry and trade to bring parity between online and offline
sellers on the issue of GST registration, saying that the current norm comes in the way of small
businesses reaching a larger customer base. Discussions are on between the central and state
governments. The law committee of the GST Council will examine the matter before a decision
is taken," according to the report which quoted a source as saying.
As of now, all online sellers, irrespective of their turnover, compulsorily need GST registration,
whereas those working offline need to register for GST only if they have a total annual sale of
more than Rs 40 lakh. The proposal, if approved, will bring online and offline sellers on par as
far as GST registration is concerned. (To read more – Click Here)
According to an EPFO office order issued on Friday and reviewed by PTI, the Ministry of Labour
and Employment has conveyed approval of the central government to credit 8.1 per cent rate of
interest for 2021-22 to each member of the EPF scheme.
The labour ministry had sent the proposal to the Ministry of Finance for its concurrence. Now,
after the ratification of the interest rate by the government, the EPFO would start crediting the
fixed rate of interest for the fiscal into the EPF accounts. The 8.1 per cent EPF rate of interest is
the lowest since 1977-78, when it stood at 8 per cent. The 8.5 per cent interest rate on EPF deposits
for 2020-21 was decided by the Central Board of Trustees (CBT) in March 2021. (To read more
Click Here)
2. No duty from 7PM till 6AM, UP Government issues new rules to ensure safety of working
women
Days after the UP State Budget 2022, the UP Government has now issued new rules for working
women. As per these rules, women cannot be forced to work between 7 PM and 6 AM. This
decision comes as a move to work towards the safety of women in the state.
Uttar Pradesh, UP Government has issued new rules for women employed in the government and
private sector. In a move to ensure the safety of women, especially working women, the
government has now stated that women cannot be forced to work between the hours of 7 PM and
6 AM.
This rule made by the Yogi Government is applicable to both the government and private sector.
The government has stated that if women are engaged in work or duty between 7 PM to 6 AM,
then the company or organisation must have her consent for the same.
If duty has been imposed on the person, then the organisation faces chances of direct action being
taken by the government. Additionally, if a woman refuses to work beyond 7 PM she cannot be
fired. A violation of this new rule could lead to a large sum of fines or even jail time for the
organisation or company. (To read more: Click Here)
Meanwhile, EPF members need to file e-nominations for a number of benefits. These are online
claim settlement upon death of member, online payment of PF, pension and insurance (upto Rs 7
lakh) to eligible nominees. (To read more Click Here)
Securities and Exchange Board of India (SEBI) vide notification / Circular No.
SEBI/HO/CFD/DCR1/CIR/P/2020/49 issued and publish dated 27th March 2020, has published
Relaxation from compliance with certain provisions of the SEBI (Substantial Acquisition of
Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic.".
Compliance Period
Sl. Regulation No. Compliance Particular (Due Date)
No.
Every person, who together with
1 Regulation 30(1) persons acting in concert with him, Omitted
holds shares or voting rights entitling through introduction
him to exercise 25% or more of the of SEBI (Substantial
voting rights in a target company, shall Acquisition of Shares
disclose their aggregate shareholding and Takeovers)
and voting rights as of the 31st day of (Second Amendment)
March, in such target company in such
Regulations, 2021
form as may be specified.
The promoter of every target company
shall together with persons acting in Applicable w.e.f.
concert with him, disclose their 01.04.2022
2 Regulation 30(2) aggregate shareholding and voting
rights as of the thirty-first day of
March, in such target company in such
form as may
Promoter of every
target company shall
together with
4. Regulation 31(4) Disclosure of encumbered shares persons acting in
concert with him,
disclose their
CSI-WIRC AHMEDABAD CHAPTER E-NEWSLETTER Page 47
aggregate
shareholding and
voting rights as of the
31st March, in such
target company in
such form as may be
specified
11. STAMP DUTY RATES W.E.F. 1ST JULY 2020 & AIF UPDATE
The amended provisions of the Indian Stamp Act, 1899 brought through Finance Act, 2019 and
Rules made thereunder shall come into force w.e.f 1st July, 2020. The stamp duty rates being
implemented through the Amended Indian Stamp Act w.e.f 01/07/2020 are:
Instruments Rate
Issue of Debenture 0.005%
Transfer and Re-issue of debenture 0.0001%
Issue of security other than debenture 0.005%
Transfer of security other than debenture on 0.015%
delivery basis;
Transfer of security other than debenture on 0.003%
non-delivery basis
Derivatives–
(i) Futures (Equity and Commodity) 0.002%
(ii) Options (Equity and Commodity) 0.003%
The stamp-duty on sale of securities, transfer of securities and issue of securities shall be
collected on behalf of the State Government by the Stock Exchange or Clearing
Corporation authorized or Depositories (authorized collecting agents). The Central
Government has also notified the Clearing Corporation of India Limited (CCIL) and the
Registrars to Issue and / or Share Transfer Agents to act as collecting agents.
The collecting agent may deduct 0.2 per cent of the stamp-duty collected on behalf of the
State Government towards facilitation charges before transferring the same to such State
Government.
Circulars Date
SOP for dispute resolution under the Stock Exchange arbitration
mechanism for disputes between a Listed Company and/or
May 31, 2022
Registrars to an Issue and Share Transfer Agents (RTAs) and its
Shareholder(s)/Investor(s)
Processing of ASBA applications in Public Issue of Equity Shares
May 30, 2022
and Convertibles.
Simplification of procedure and standardization of formats of
May 26, 2022
documents for issuance of duplicate securities certificates
Revised format of security cover certificate, monitoring and revision
May 20, 2022
in timelines
Simplification of procedure and standardization of formats of
May 20, 2022
documents for transmission of securities
Streamlining the Process of Rights Issue May 20, 2022
Relaxation from compliance with certain provisions of the SEBI May 17, 2022
LLP Compliance
Applicability: from the date of their publication in the Official Gazette i.e. 01.06.2022.
Key Highlights:
1. From the date of applicability of this circular, any national from a country that shares a land
border with our Country, India, must seek security clearance from the Ministry of Home Affairs,
Government of India if they wants to get appointed as Director in any Indian Company.
2. This requirement is in line with the Press Note 3 (2020 series) issues by Ministry of Commerce
& Industry, Department for Promotion of Industry and Internal Trade, FDI Policy Section
regarding “Review of Foreign Direct Investment (FDI) policy for curbing opportunistic
takeovers/acquisitions of Indian companies due to the current COVID-19 pandemic”.
(Circular Link: Click Here)
China,
Bangladesh,
Pakistan,
Bhutan,
Nepal,
Myanmar and
Afghanistan.
CSI-WIRC AHMEDABAD CHAPTER E-NEWSLETTER Page 56
4. No application number shall be generated in case of the person applying for Director
Identification Number is a national of a country which shares land border with India, unless
necessary security clearance from the Ministry of Home Affairs, Government of India has been
attached alongwith application for Director Identification Number. Source:
2. 9 Relaxation on levy of additional fees for delay in filing of any event based forms by
LLPs
In view of transition from version-2 of MCA-21 to version-3 of MCA-21, MCA vide Circular
No. 06/2022 dated 31st May, 2022, has decided to allow LLPs to file various event based LLP
forms, due dates of which are falling between 25/02/2022 and 31/05/2022, without paying
additional fees upto 30th June, 2022. To read more - source: Click Here
A bench of B R Gavai and Hima Kohli said NCLT and NCLAT must give due weightage to the
commercial wisdom of CoC and should interfere only when the decision taken by the committee
was arbitrary. “When 90% and more of the creditors, in their wisdom after due deliberations, find
that it will be in the interest of all the stakeholders to permit settlement and withdraw CIRP, in
our view, the adjudicating authority or the appellate authority cannot sit in an appeal over the
commercial wisdom of CoC.
The Hyderabad bench of the NCLT (National Company Law Tribunal) has also appointed Nirav
K Pujara as the Interim Resolution Professional (IRP) of the company, and declared a moratorium
in respect of the company as per the provision of the Insolvency & Bankruptcy Code (IBC).
"The company is now under CIRP (Corporate Insolvency Resolution Process) as per the
provisions of the code. As per Section 17 of the code, the powers of the board of directors of the
company stand suspended and as such the powers shall be vested with and exercised by the IRP,"
Andhra Cement said in a regulatory filing.
The company has also shared the order passed by the insolvency tribunal on April 26, 2022, in
this regard. NCLT's direction came after a petition filed by Pridhvi Asset Reconstruction and
Securitisation Company Ltd, claiming a default. (To read more Click Here)
NCLAT said this is in the matter of Omega Laser Products B.V, a Dutch company, and a
shareholder of its Indian arm. A former managing director(MD) of the company had moved the
NCLT seeking payment of salary arrears from the Indian arm of the Company.
The appellate tribunal ruled that the former MD’s plea would be time-barred by limitation for
initiating insolvency against the Indian arm, on the ground that it had been filed beyond a period
of three years.
The NCLAT said there was no acknowledgement of the debt by the Board of Corporate Debtor
in terms of Section 18 of the Limitation Act, 1963. It held that the majority of the claims were
barred by time. (To read more Click Here)
NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the Chapter
IIIB of the Reserve Bank of India Act, 1934 and any rules made thereunder or any directions
issued by it under the Act.
Monthly Monthly Return on NBFC-NDSI with asset size of Rs.100 CR. RBI
Return & above
To be submitted by all deposit-taking NBFC’s having asset size above Rs. 100 crores or public
deposits of Rs. 20 crores and above
S.
Particulars Time Limit
No
Monthly Compliance
Periodical Compliances
1. Appointment of Director (Annexure III) Within 30 days of appointment
The Reserve Bank of India (RBI) on Friday decided to allow banks to lend to NBFCs for on-
lending to priority sectors on an on-going basis to ensure continuation of the synergies that have
been developed between banks and NBFCs in delivering credit to the specified priority sectors.
The same holds true for small finance banks who are on-lending to NBFC-MFIs. This facility
was earlier allowed till March 31, 2022.
Now, bank credit to NBFCs, including housing finance companies (HFCs), for on-lending to
priority sectors will be allowed upto an overall limit of 5 per cent of an individual banks total
priority sector lending. Similarly, small finance banks for on-lending to NBFC-MFIs and other
The Supreme Court Tuesday held that Non--Banking Financial Companies (NBFCs) regulated
by the Reserve Bank of India cannot be regulated by state enactments. A bench of Justices Hemant
Gupta and V Ramasubramanian said NBFCs play a very vital role in contributing to the financial
health of the country whose operations are controlled by RBI.
Therefore, to say that RBI has no say in such a matter of vital interest, will strike at the very root
of the statutory control vested in RBI, it said. The top court was examining a question as to
whether NBFCs regulated by RBI could also be regulated by State enactments such as Kerala
Money Lenders Act, 1958 and Gujarat Money Lenders Act, 2011.
The top court said it was of the considered opinion that the Kerala Act and the Gujarat Act will
have no application to NBFCs registered under the RBI Act and regulated by RBI. “Therefore,
all the appeals filed by NBFCs against the judgment of the Kerala High Court are allowed.
Likewise, the appeals filed by the State of Gujarat against the judgment of the Gujarat High Court
are dismissed,” the bench said. To read more Click Here
The six-member committee headed by former RBI deputy governor B P Kanungo has been asked
to submit a report within three months from the date of its first meeting, the central bank said in
a statement.
It will also review the emerging and evolving needs of the customer service landscape, especially
in the context of evolving digital/ electronic financial products and distribution landscape and
suggest suitable regulatory measures.
Besides, it has also been asked to identify the best practices, adopted globally and domestically,
in customer service and grievance redressal, especially for improvement in services rendered to
retail and small customers, including pensioners and senior citizens.
Other members of the panel are: A K Goel (Chairman IBA and MD & CEO, PNB), A S
Ramasastri (former Director, IDRBT), Amitha Sehgal (Hon. Secretary, AIBDA), Rajeshri N
Varhadi (Professor, University of Mumbai), and Anil Kumar Sharma (Executive Director, RBI).
The RBI further said the Committee may also invite domain experts and RBI officials for
consultations and/or to participate in its deliberations. To read more Click Here
The top court stressed there is a need for minimal judicial interference by the National Company
Law Appellate Tribunal (NCLAT) and National Company Law Tribunal (NCLT) in the
framework of the IBC.
“This court has, time and again, emphasised the need for minimal judicial interference by the
NCLAT and NCLT in the framework of IBC,” a bench of Justices B R Gavai and Hima Kohli
said.
The bench further pointed out that the top court has consistently held that the commercial wisdom
of the CoC has been given paramount status without any judicial intervention for ensuring the
completion of the stated processes within the timelines prescribed by the IBC.
The NCLAT had dismissed the appeals filed by resolution professional (RP) challenging two
orders of NCLT, which rejected the application filed by RP under Section 12A of the IBC, 2016,
read with Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016, for withdrawal of the application
filed under Section 7 of the IBC in view of the settlement plan by the corporate debtor. (To read
more Click Here)
The realty firm had offered to make an upfront payment of Rs 10 crore with 10 crore on
acceptance of OTS, however, the public sector lender asked to deposit Rs 75 crore as a condition
to consider for settlement.
NCLAT had directed to list the appeal on May 23 and said its interim order staying formation of
Committee of Creditors (CoC) would continue till then. NCLAT's direction came, while hearing
a petition filed by Ram Kishor Arora, a director of the suspended board of Supertech Ltd, against
the order passed by the National Company Law Tribunal on March 25.
The default pertains to the loan given by the Union Bank of India to Eco Village II project at
Greater Noida (West) in Uttar Pradesh, which was being developed at a cost of Rs 1,106.45 crore.
Once NCLT initiates CIRP against a debt-ridden firm, it appoints an Interim Resolution
Professional (IRP) after suspending the board of the firm. Article 18 of IBC mandates that it is
the duty of the IRP to constitute the committee based on all the claims received against the
corporate debtor and the determination of the financial position of the corporate debtor.
Vyapar is now looking to offer credit to its merchant ecosystem by embedding loan products in
its app itself. This will allow MSMEs to apply and access formal credit while helping it become
a focal point for managing business finances for small and medium enterprises.
As an increasing number of companies looking to build credit and FinTech products, they are
looking at platforms such as FinBox to quickly build and launch credit offerings such as business
loans, BNPL or credit cards. Embedded Finance infrastructure providers play a key role in
enabling the democratization of financial services as banking moves away from traditional
banking channels and gets more integrated in the apps and products that consumers love and use
every day. (Read more Click Here)
2. ‘Districts as Export Hubs initiative by govt will give Indian MSMEs ammunition
to beat China’
Trade, import and exports for MSMEs: With the intent to fructify an ambitious export target for
FY23, The Directorate General of Foreign Trade (DGFT) has sought Rs 6,000 crores in funding
for the ‘Districts as Export Hubs’ initiative. All eyes are already on India as it ups its ante to
produce and export more in the wake of global supply chain disruption. Moreover, labor shortage,
lack of raw materials, etc. due to covid-19 impact have severely dented China’s potential to
continue its global exports momentum, with many countries opting for the China +1 strategy
being the icing on the cake for India. With all these factors at play, industry experts view the
proposal as a step in the right direction, and the timing couldn’t have been more appropriate.
Among the most robust calls to action in making districts as export hubs, were made by Prime
Minister Narendra Modi in his 2019 Independence Day speech. He lauded that each district’s
potential equals that of an entire country, given its diverse identity and potential for the global
market.
The top six states in India- Maharashtra, Gujarat, Karnataka, Tamil Nadu, Telangana, and
Harayana contribute 75 per cent of India’s overall exports. This shows how exports are
concentrated in only certain regions of the nation.
The focus on far-fledged areas of the country would fuel economic activity in the rural
hinterland/small towns and prepare businesses for export, not to mention aid in employment
generation at the grass-root level. Besides supporting MSMEs and local artisans, logistics and
agricultural sectors will also see development, a critical factor that would help India meet global
expectations of delivery and quality. Additionally, Niti Aayog believes improving the export
CSI-WIRC AHMEDABAD CHAPTER E-NEWSLETTER Page 66
competitiveness of states could further increase their wealth and standard of living, which in turn
is expected to minimize the regional disparity across states.
The investigation arm of the Competition Commission of India (CCI) is reviewing documents that
suggest financial dealings between leading ecommerce companies and their preferred sellers,
people with knowledge of the matter said.
CSI-WIRC AHMEDABAD CHAPTER E-NEWSLETTER Page 67
It has now sought more time from the commission to review these documents, found during the
raids last month, following allegations of violation of competition law by ecommerce majors
Amazon and Flipkart.
Another person aware of the developments said the raids “recovered” documents pertaining to
what he termed as “financial linkages” between the digital platforms and the online vendors. There
is also information related to costs in these documents.
The Delhi Vyapar Mahasangh (DVM), an affiliate of the Confederation of All India Traders
(CAIT), had in 2020 approached the CCI alleging abuse of market dominance and competition
law violation by Flipkart and Amazon.
The petition alleged platforms forced sellers to become preferred vendors, provided preferred
access to these vendors, and promoted only these preferred vendors on their platforms, which
impacted non-preferred sellers. (To read more Click Here)
The Competition Commission of India and competition law may get a facelift
soon
The government is set to overhaul the Competition Act in the monsoon session of parliament and
revamp the anti-trust watchdog Competition Commission of India (CCI) to regulate India’s
booming digital economy better.
The government is set to overhaul the Competition Act in the monsoon session of parliament and
revamp the anti-trust watchdog Competition Commission of India (CCI) to regulate India’s
booming digital economy better. The ministry of corporate affairs has prepared the amendments,
and inter-ministerial consultations are on before moving a bill to the cabinet for its clearance, a
person familiar with the development said.
The bill to amend the Competition Act, which will be tabled in the monsoon session, envisages
restructuring of CCI’s administrative functioning in addition to legislative changes that include
the introduction of new criteria for merger regulation and the deal value, which is not in the
current formula.
At present, asset size and revenue are the only criteria for clearing M&A deals. This excludes
some transactions involving unicorns or highly valued startups that could become targets for
acquisition but do not come under CCI review because they have a thin physical asset base or
sales. (To read more Click Here)
Some provisions should be made for general insurance products to allow them to get updated
addresses and phone numbers. At present, sharing KCY details is a voluntary choice by the
customer while purchasing a general insurance product.“The problem right now is that we do not
have any details of the customers. We do not want PAN or Aadhaar or income details but the
basic contact information should be available so as to allow us to get in touch with a policyholder
in time of need,” said a general insurer, adding that there is no way to connect with a policyholder
at present.
The IRDAI had in 2019 asked insurers not to seek Aadhaar mandatorily and PAN/form 60 from
the proposer/policyholder as part of KYC following the Supreme Court ruling of 2018.
The IRDAI said it has extended the ‘use and file’ procedure for all the Health Insurance products
and almost all the general insurance products in line with the reforms agenda taken up towards
having a fully insured India. The new norms are effective immediately.
The new rule will cover all health plans and also fire, engineering and motor plans offered by
general insurance companies. Panda said only a small minority of plans below Rs 5 crore sum
insured are exempt from the new reform because of some operational purposes. "90% to 95% of
general insurance plans now need not bw approved by the IRDAI before being introduced in the
market.
The insurance industry is expected to use this opportunity for introduction of customized and
innovative products, expansion of the choices available to the policyholders in order to address
the dynamic needs of the market, which will further help in enhancing the insurance penetration
in India," IRDAI. Doing away with seeking prior permissions has been a long standing demand
for the industry. (To read more click here)
1 expenditure towards intra-State movement, handling of foodgrains and margins Click here
paid to fair price shop dealers under National Food Security Act, 2013
2 Provision for Online Mutation in Property Tax Registers in Cantonments Click here
3 Centre to develop framework to check fake reviews on E-Commerce websites Click here
4 Ministry of Skill Development and Entrepreneurship (MSDE) partners with
\
Indian School of Business (ISB) to further built capacity of officers from its Click here
ecosystem
5 Cabinet approves Amendments to the National Policy on Biofuels -2018 Click here
6 Cabinet empowers the Board of Directors of the Holding / Parent Public Sector
Enterprises to recommend and undertake the process for Disinvestment / closure Click here
of their subsidiaries / units / stake in JVs and additional delegation of powers to
Alternative Mechanism
7 Cabinet empowers the Board of Directors of the Holding / Parent Public Sector
Enterprises to recommend and undertake the process for Disinvestment / closure Click here
of their subsidiaries / units / stake in JVs and additional delegation of powers to
Alternative Mechanism
8 Cabinet approves Amendments to the National Policy on Biofuels -2018 Click here
9 Cabinet decisions a blatant violation of Model Code of Conduct: Cong Click here
10 Cabinet decisions: Himachal govt not to file Income Tax for MLAs Click here
11 Uttar Pradesh cabinet approves 14 proposals, big decision on recruitment of Lab Click here
Assistants
12 Cabinet approves revised cost estimate on “Setting up of India Post Payments Click here
Bank”
13 Cabinet approves opening of Indian Mission in Lithuania Click here
14 Cabinet approves continuation of Prime Minister Street Vendor’s AtmaNirbhar Click here
Nidhi (PM SVANidhi) beyond March 2022 till December 2024
15 Draft notification issued pertaining to ease of doing business - Trade Certificate. Click here
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This Article / Compliance Tracker is updated till 31st May, 2022 with all Laws / Regulations
and their respective amendments.
----------------------------------------------THE END----------------------------------------------------
Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite
of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice
which shall be taken care of in the next edition. In no event the author shall be liable for any
direct, indirect, special or incidental damage resulting from or arising out of or in connection
with the use of this information. Many sources have been considered including newspapers (ET,
BS & HT etc.
1. CS Krisa Patel
2. CS Ishita Shah
3. CS Hetanshi Shah
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