ECB Liberalisations

RBI has vide two notifications both dated 20th april 2012 further liberalised the ECB regime.

In the first notification, which can be accessed here the infrastructure sector has been given the sops. Power sector is allowed to use 40% of the ECB loan availed for refinancing costly rupee loan, but this will be on approval basis and also subject to the condition that the balance 60% is to be used for capital expenditure.

In the second notification which can be accessed here a new ECB can be raised at a higher rate than the existing ECB and that second ECB can be used for refinancing/ rescheduling an existing ECB on approval basis. The all in cost ceilings should not be broached.

I wonder why should anybody borrow at a higher rate in order to reschedule a ECB taken at a lower rate, unless I am missing something. 

Government payments on e-payments mode

The Government of India, Ministry of Finance has issued a press release which stipulates that all government payments above Rs.25,000/- from the government to its vendors, suppliers, loanees, grantees etc. will be made by direct credit to the payee's bank account instead of by cash or cheque. All payments to government employees other than salaries above this limit will also be similarly made by direct credit. Even the government employees can opt to have their salaries credited by direct credit to their bank accounts. However, the limit of Rs.25,000/- fails logic - why not make the entire government payments spectrum on e-payment basis from Re.1 onwards.

Government press release

Consolidated FDI Policy

The Department of Industrial Promotion and Policy (DIPP) under the Ministry of Commerce has published the latest edition of the Consolidated FDI Policy effective from April 10, 2012. The DIPP undertakes to issue revised Consolidated FDI Policy every six months in April and October every year. Now onwards they will issue it on a yearly basis i.e. the next consolidated FDI policy will be issued in March 2013.

Simultaneous to the consolidated FDI policy which makes for ponderous reading because it is more than 100 pages, the DIPP has also issued a press release detailing the changes that were carried out in the FDI policy from October 2011. Some of the changes in the policy is highlighted below:

i)                    In Commodity Exchanges, government approval is required only for the FDI component, not for the FII investment;

ii)                  In case of NBFC, FDI is allowed only on financial lease activity, not on operational leases;

iii)                In case of conversion to equity on the value of imported machinery etc. Second hand machinery, capital goods etc. Will not be allowed to be converted into equity, only first hand imported state of the art technology;

iv)                Investment by Foreign Venture Capital Investors and Qualified Financial Investors in permitted securities;

v)                  FDI in single brand retailing upto 100%,

Among others

The copy of the press release can be found here

A copy of the consolidated FDI circular can be found here

Category II Authorised Dealers

Category II Authorised Dealers have been given certain additional powers vide RBI circular dated 4th April 2012 on the subject. They have now been allowed to issue forex pre-paid cards to residents travelling out of India on personal/ business visits subject of course to adhering to KYC norms. However the settlement of forex pre-paid cards can be made only through category I Authorised Dealers.

Further they have also been allowed to open Nostro accounts subject to some conditions such as (1) only one nostro account per currency, (2) Balances in the nostro accounts to be used only for making remittances which are permissible and not for settlement of forex pre-paid cards, which can be done only through Category I Authorised Dealers, (3) No idle balance should remain in the account (4) Reporting requirements.

Category II authorised dealers are travel agents such as Thomas Cook, Cox & Kings and other finance companies which are not banks.

Copy of the RBI circular can be found  here

International Debit Cards

RBI has vide its circular no. 102 dated 2nd April 2012 relaxed conditions for redemption of international debit cards/ store value cards/ charge cards/ smart cards which is used by resident Indians while on a visit out of India. Hitherto there was a condition that the unutilised balance lying in the card would be redeemed only after 10 days of the last transaction. Now they can redeem the unutilised balance in the card immediately on arrival but the Authorised Persons shall retain some amount for (a) amounts that are authorised by the traveller but remaining unclaimed from the AP on the date of request for redemption, (b) a sum not exceeding $100 for any pipeline transactions, and (c) transaction fees/ service tax payable in India. A copy of the said circular can be accessed here

Echoes in the Darkness

Just finished reading a true crime story by Joseph Wambaugh - "Echoes in the Darkness". This book is regarding the murder mystery of Susan Reinert a divorced school teacher and her two children Karen and Micheal who were never found since that fateful day in June 1979. She was having a secret with another school teacher William Bradfield who was famous for his numerous flings with women. He was having another secret affair with another teacher Sue Myers and this after having two failed marriages in the past. Whilst he was juggling with the two teachers he started and successfully carried two more affairs both with students of the Upper Merion High School in Main Line, Philadelphia where they were all enrolled. One of the student was a minor when he started his affair, but all his women swore by his affections. The principal of the school was Jay Smith an ex-army officer and quite a character in himself with revelations of sexual escapades and fantasies, shoplifting and his own daughter Stephanie and son-in-law Eddie Hunsberger were never found – it was alleged that Smith had murdered his daughter and son-in-law but they just vanished from the face of earth and were never found to this day. The prosecution had to rely on circumstantial evidence in this case. Much of the book in the first half is devoted to the peccadilloes of William Bradfield and Jay Smith in conjuring up their images as crazy, demented individuals.

Promoters' exemption from holding their shares in demat form

SEBI has vide its circular dated March 30, 2012 exempted certain categories of cases from the mandatory requirement of 100% shareholding of promoters of companies in demat form. A list of four such categories is given in the circular appended below. The companies/ promoters have to approach the stock exchanges with proper documentary evidence as to matters falling within the said four categories.

http://www.sebi.gov.in/cms/sebi_data/attachdocs/1333096925164.pdf


CIRCULAR
SEBI/Cir/ISD/  1  /2012
March 30, 2012
To,
All the Recognized Stock Exchanges,
Dear Sir/Madam,
Sub: Exemptions from 100% promoter(s) holding in demat form
1. This is further to SEBI circulars SEBI/Cir/ISD/3/2011  dated June 17, 2011 and
SEBI/Cir/ISD/05/2011 dated September 30, 2011 regarding 100% promoter(s)
holding in demat form.
2. While reviewing compliance, it is noticed that promoters of a large number of
companies have complied with the requirements stated in the above mentioned
circulars. SEBI has also received representations from various companies
bringing out issues relating to dematerialization of holdings of promoters and
have accordingly sought exemption from compliance with the above mentioned
circulars.
3. In light of these representations and in consultation with Stock Exchanges, it has
been decided that following exemptions shall be taken into consideration while
arriving at compliance with 100% promoter(s) holding in demat form. Such
exemption shall be applicable in cases where :-
a. Promoter(s) have sold their shares in physical mode and such shares have
not been lodged for transfer with the company; or
b. Matters concerning part/entire shareholding of promoters/promoter group
are sub judice before any Court/Tribunal; or
c. Shares cannot be converted into demat form due to death of any
promoter(s); or
d. Shares allotted to promoter(s) that await final approval for listing from stock
exchange and such pendency is less than 30 days or shares that upon
receipt of final listing approval from stock exchange are pending conversion
to demat and such pendency is less than 15 days.

4. For availing such exemption under Para 3 (a) to (d) above, companies shall
approach Stock Exchange(s) along with necessary documentary evidence.
5. Provisions of SEBI circulars SEBI/Cir/ISD/3/2011 dated June 17, 2011,
SEBI/Cir/ISD/05/2011 dated September 30, 2011 and this circular shall come
into effect from April 30, 2012.
6. The Stock Exchanges are advised to:-
a) Put in place adequate systems and issue necessary guidelines to the market
for implementing the above decision; and
b) Make necessary amendments to the relevant bye-laws, rules and regulations
for implementation of the above decision; and
c) Bring the provisions of  this circular to the notice  of the market and also to
disseminate the same on its website; and
d) Communicate to SEBI the status of implementation of this circular through the
Monthly Report.
7. This circular is being issued under Section 11(1) read with Section 11(2)(a) of the
Securities and Exchange Board of India  Act, 1992 to protect the interests of
investors in securities and to promote the development of, and to regulate the
securities market as well as to regulate the business in stock exchanges.
8. This circular is available on SEBI website at www.sebi.gov.in
Yours faithfully,
Avarjeet Singh
Deputy General Manager
Integrated Surveillance Department
022-26449262
avarjeets@sebi.gov.in