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Panel Suggests Higher Threshold for NCLT Cases

Backs decentralisation of power to RoCs & an in-house adjudication mechanism The 14-member expert committee set up by the government to suggest decriminalisation of less-significant violations of the companies law has favoured an increase in the threshold for cases referred to the National Company Law Tribunals (NCLTs).  It has also backed decentralisation of power to the registrar of companies (RoCs), regional directors and an in-house adjudication mechanism to free up the overburdened NCLT benches. That could help speed up the resolution of banks’ bad loans as the tribunals are central to the Insolvency and Bankruptcy Code (IBC) process.  The changes can be implemented through modification of rules and won’t require amendments to law. The tribunals currently hear violations involving fines of more than Rs.5 lakh. The decision on what the new limit should be has been left to the government.  “The enhancement of this limit, along with simultaneous operation of in-house adjudi

Silver Losing Charm as Foreign Buyers Keep off

DEMAND HIT Exports have fallen by 93% in the first quarter of the current fiscal, exporters now eye emerging markets India’s silver jewellery is fast losing its charm in the global markets as exports have fallen sharply by 93.04% in the first quarter of current fiscal, compared with Q1 of FY18, with buyers from the Middle East, the US and other nations staying away.  Analysts said the price of silver has been range bound in the first six months, which has affected its demand in the overseas markets.  There is no immediate trigger for prices to rise, but analysts have indicated that silver prices will appreciate in the long run as the metal is fundamentally strong.  Exporters are now eyeing emerging markets such as the CIS countries to market silver jewellery. Talking to ET, Pramod Agarwal, chairman, Gem & Jewellery Export Promotion Council (GJEPC), said that 5% VAT imposed by the UAE has brought down silver jewellery exports to the region. “We are now beefing up this vertical

NSE to Seek Sebi Nod to Resolve Co-location Case

Exchange MD Limaye also says it’s working on structure to allow GIFT City trading The National Stock Exchange will soon approach market regulator Sebi to seek resolution of its co-location case through the consent mechanism and is also working on a structure to address its issues with Singapore Exchange, NSE chief executive Vikram Limaye said.  “We will talk to Sebi and come out with a resolution on the co-location case and see if we can apply for the consent mechanism,” Limaye told ET on the sidelines of an event to unveil NSE’s new logo on Wednesday.  The Central Bureau of Investigation (CBI) had earlier this year registered an FIR against a stock broker who allegedly manipulated NSE’s system from its co-location facility for two years to get first access to markets when they opened.  Sebi has in the past returned NSE’s consent application as it had not completed investigation in the case. The regulator has issued two showcause notices to the exchange and some of its key former

Govt to Wheel in a New Industrial Policy Soon

Move aimed at making businesses more competitive, creating more jobs The government will shortly unveil a new industrial policy that aims to speed up regulatory reforms and lower power tariffs to make businesses more competitive and create more jobs, senior officials said. The policy, being given final touches by the Department of Industrial Policy and Promotion (DIPP), will be presented to Cabinet for approval in the next two weeks, they said.  The proposals include establishing an overarching body with representation by the Centre and the states similar to the Goods and Services Tax (GST) Council to enable swift decisions on key changes such as the revamp of labour laws, taxation provisions and land leasing. Crucially, India’s industrial sector has a 29% share in GDP at current prices, well below 44% for China. The reform is being pitched as potentially the biggest overhaul of industrial policy in about 30 years and will come just ahead of national elections next year.  “The pr

Govt gets fiscal deficit cushion, RBI to pay Rs 500-bn dividend for FY18

The RBI had last year transferred a surplus of Rs 306 billion as dividend to the government for the year ended June 30, 2017 The Reserve Bank of India (RBI) will pay Rs 500 billion dividend to the government for its financial year ended June 2018, giving it a cushion to manage the fiscal deficit. However, it is not clear if this includes the interim dividend of Rs 100 billion the central bank paid the government in March 2018.  “The central board of directoRs of the RBI, at its meeting on August 8, approved the transfer of the surplus, amounting to Rs 500 billion for the year ended June 30, 2018, to the Government of India,” the central bank said in a statement. The RBI’s financial year extends from July to June. The RBI had last year transferred a surplus of Rs 306 billion as dividend to the government for the year ended June 30, 2017, which was less than half of what it paid in 2015-16 (Rs 658.76 billion). The surplus payout in June 2017 (for 2016-17) was low on account of expe

Sebi set to tackle cyber security breaches, deploy data analytics

Noting that incidents of cybersecurity breaches pose a major challenge to market participants across the globe Markets regulator Sebi will explore new initiatives to tackle the challenge posed by cyber security breaches happening globally as it gears up to deploy data analytics and new-age technologies for the marketplace while following necessary data privacy requirements, its chairman Ajay Tyagi has said.  Besides, the regulator intends to strengthen the algorithmic trading framework to make the capital market more fair, equitable and transparent, while there are plans underway to introduce more commodity options contracts and to put in place new guidelines for index products, Tyagi said in his annual message.  Going forward, the Sebi will continue its on-going process of reforms in the primary market to improve issuer and investor confidence, he added. Noting that incidents of cybersecurity breaches pose a major challenge to market participants across the globe, Tyagi said, &q

Foreign portfolio investors raise red flag on KYC rules over privacy

Currently, FPIs are subject to a KYC review as and when there is any change in material information or disclosure Custodians of foreign portfolio investors (FPIs) as well as industry lobby groups have written to the Securities and Exchange Board of India (Sebi), raising privacy concerns arising out of the regulator’s April 10 circular mandating disclosure of additional information to identify the beneficial owners (BOs).  As part of Sebi’s know-your-client (KYC) requirement, FPIs have to disclose BOs’ details such as address, date of birth, tax residency number, social security number and passport number, and they have six months to comply with the directive.  “India’s new KYC norms may clash with global data privacy laws. Investment firms globally, too, are not comfortable with sharing personal information of their employees,” said a source. “Data security is another area of concern. No one is quite sure if India has the right infrastructure in place to ensure adequate security.”