CA Online

SEBI Weighs Custodians to Shield Retail Investors Worried over vanishing share portfolios, regulator also plans tighter rules for trading settlement Defaulting brokers and vanishing share portfolios have prompted the capital market regulator to consider ways to protect the interests of retail investors who are often at the mercy of unscrupulous brokers misusing clients’ shares without consent. The Securities and Exchange Board of India plans to tighten rules for trading settlement and introduce custodians for retail investors, said two people familiar with the matter.These proposals were discussed in the Sebi’s Secondary Market Advisory Committee meeting recently. The details could not be ascertained because the plan is still on the drawing board. Sebi’s plan is to ensure brokers do not misuse clients’ accounts and sell their shares without nod unless the client has defaulted.The market regulator is considering the introduction of custodians for retail investors — akin to int...

Reserve Bank of India to tighten norms for working capital limits Public sector bank executives said the move was expected to provide predictability over cash flow for lenders In a move to instil discipline among large borrowers with working capital facility, the Reserve Bank of India has mooted a proposal that at least 40 per cent of the sanctioned limit should be a term loan component. For borrowers with an aggregate fund-based working capital limit of Rs 1.5 billion and above from the banking system, a minimum level of ‘loan component’ of 40 per cent shall be effective from October 1, 2018, the RBI said in draft norms placed on its website. It has sought feedback from banks and stakeholders till June 26, 2018. The 40 per cent loan component will be revised to 60 per cent with effect from April 1, 2019. For large borrowers, the outstanding ‘loan component’ must be equal to at least 40 per cent of the sanctioned fund-based working capital limit, including ad hoc credit facil...

Authority's orders favour firms for anti-profiteering in times of GST The NAA is currently looking into 50 complaints and will issue the orders in the coming weeks Allaying industry’s apprehensions, all three orders passed by the National Anti-Profiteering Authority under the goods and services tax (GST) regime have so far gone in favour of companies. In its latest order, the five member NAA has dismissed complaint against elevator manufacturer Schindler India for charges of profiteering filed by a Delhi business. The complaint pertained to charging of service tax on the payment made to Schindler India before GST implementation on July 1, 2017 and GST for the payment installments made in July when the installation took place. However, since elevators were delivered to the firm before July 1, the tax had been charged without excluding the pre-GST regime excise duty. Hence, the applicant was charged twice — once on the pre-GST excise duty and subsequently on the full value ...

FinMin extends due date for debt ETF bids from advisers till July 2 The DIPAM had earlier on April 18 issued the RFP for engagement of an adviser for creation and launch of debt ETF asking bidders to submit their bids by May 16The Finance Ministry has extended the deadline for merchant bankers to bid for creation and launch of a debt Exchange Traded Fund (ETF) for PSUs and PSBs till July 2. In the revised request for proposal (RFP) issued on Monday , the Department of Investment and Public Asset Management (DIPAM) has tweaked the eligibility criteria for bidders, clarifying that they can also bid in consortium.Accordingly, market regulator Sebi or banking regulator RBI registered "reputed merchant bankers/investment bankers/ consulting firms/financial institutions/asset management companies, either singly or as a consortium," can bid for creation of the ETF till July 2. In the revised request for proposal (RFP) issued on Monday , the Department of Investment and Publi...

Govt: No Provision of Summer Break for NCLT, NCLAT MCA points to 2016 rules; NCLAT to consider request in July post vacation The government wants National Company Law Tribunals (NCLT) and National Company Law Appellate Tribunal (NCLAT) to work through the summer, without a break, to resolve the corporate insolvency cases that have been piling up.The ministry of corporate affairs (MCA) on June 4 sent separate letters to the NCLAT and the NCLTs saying that there’s no provision for vacation under the rules framed in 2016. The move was sparked by the NCLAT posting a vacation notice on its website announcing a break from June 1to July 1. The NCLTs plan a 15-day break. Responding to MCA’s letter, the NCLAT deputy registrar wrote back on June 5 that the issue had been placed before the full court. The matter will be further examined in the first week of July. Since that will be after the vacation, it could mean these courts taking a break against the wishes of the government. NCLT is ...