Thursday, August 18, 2016

03 - Legal & Regulation Updates - India


 Compliance Watcher

Allowing authorized employees of IT/ITeS units in SEZ to work from home or place outside SEZ units

Ministry of Commerce & Industry vide notification dated August 2, 2016 has issued general conditions for employees of IT/ITeS units to work from home which are provided.


Transgender Persons (Protection of Rights) Act, 2016
The Lok Sabha, through a notification dated August 2, 2016 has introduced the Transgender Persons (Protection of Rights) Act, 2016. The Bill introduces various aspects which comprise of Prohibition of certain acts against Transgender for Discrimination namely, unfair treatment, denial, termination, in relation to or from employment or occupation. The bill also has introduced a Chapter for Obligation of Establishments and other persons.

IRDA - Insurance Regulatory and Development Authority of India (Listed Indian Insurance Companies) Guidelines, 2016
The Insurance Regulatory and Development Authority of India (IRDA) vide circular dated August 5, 2016 has issued Insurance Regulatory and Development Authority of India (Listed Indian Insurance Companies) Guidelines, 2016.

Revised Formats for Financial Results and Implementation of Ind AS by listed entities which have listed their debt securities and/or non-cumulative redeemable preference shares
The Securities and Exchange Board of India has via Circular dated August 10, 2016 modified the contents of previous Circular dated November 27, 2015 which prescribed formats for publishing financial results for the entities which have listed their debt securities and/or non-cumulative redeemable preference shares and in continuation of previous Circular dated July 5, 2016 for manner of implementation of Companies (Indian Accounting Standards) Rules, 2015 ('Ind-AS Rules').

Micro, Small and Medium Enterprises Development (Furnishing of Information) Rules, 2016
The Ministry of Micro, Small and Medium Enterprises, through a notification dated July 29, 2016 has made Micro, Small and Medium Enterprises Development (Furnishing of Information) Rules, 2016 which supersedes Micro, Small and Medium Enterprises Development (Furnishing of Information) Rules, 2009.

SEBI introduces e-payment facility for payment of penalties, disgorgement amounts, etc.
The Securities and Exchange Board of India via Press Release dated August 9, 2016 has introduced an option for e-payment of amounts pertaining to penalties, disgorgement amounts, settlement amounts, legal charges and recovery amounts.

Insolvency and Bankruptcy Code, 2016
The provisions of the Insolvency and Bankruptcy Code, 2016 have been notified. Highlights of this code are pointed out.

IRDA - Clarification on addition of products for sale through CSC-SPV
The Insurance Regulatory and Development Authority of India (IRDA) vide circular dated August 9, 2016 has issued clarifications on CSC-SPV marketing Government sponsored Insurance Schemes without any sum insured limit.

SEBI - Foreign Investment in Rupee denominated bonds issued overseas by Indian Corporates
In view of the fact that the Reserve Bank of India had permitted Indian corporates to issue Rupee denominated bonds overseas, the Securities and Exchange Board of India has directed that the INR 244,323 crore Corporate debt limit for Foreign Portfolio Investors will now be redefined as the Combined Corporate debt limit for all foreign investments in Rupee denominated bonds issued both onshore and overseas by Indian corporates.

IRDA - Clarification on addition of products for sale through POS
The Insurance Regulatory and Development Authority of India (IRDA) vide circular dated August 9, 2016 has issued clarification on POS marketing Government sponsored Insurance Schemes without any sum insured limit.

SEBI - Discussion paper on 'Strengthening of the Regulatory framework for Algorithmic Trading & Co-location
The Securities Exchange Board of India (“SEBI”) has issued a discussion paper on Algorithmic trading which in simple words, is a step-by-step instruction for trading actions taken by computers which enables the traders to automate the process of taking trading decisions based on the preset rules / strategies, trading systems of the exchanges.

RBI - Dishonor of cheques – Modification in procedure
The Reserve Bank of India (‘RBI’) has issued a circular stating that it has been decided to leave it to the discretion of the banks to determine their response to dishonor of cheques of the account holders. Banks are advised to put in place an appropriate policy approved by the Board or its Committee taking into consideration the need to prevent misuse of the cheque drawing facility and avoid penalising customers for unintended dishonor of cheques.

IRDA - Insurance Regulatory and Development Authority of India (Remuneration of Non-executive Directors of Private Sector Insurers) Guidelines, 2016
The Insurance Regulatory and Development Authority of India (IRDA) vide circular dated August 5, 2016 has issued guidelines on Remuneration of Non-executive Directors and Managing Director /Chief Executive Officer / Whole-time Directors of Insurers.

RBI - Implementation of Indian Accounting Standards (Ind AS)
The Reserve Bank of India (‘RBI’) has issued a circular advising select All-India Term Lending and Refinancing Institutions(AIFIs) (Exim Bank, NABARD, NHB and SIDBI), shall follow the Indian Accounting Standards as notified under the Companies (Indian Accounting Standards) Rules, 2015, subject to any guideline or direction issued by the Reserve Bank in this regard.

SEBI – Frequently Asked Questions on SEBI (Delisting of Equity Shares) Regulations, 2009
The Securities and Exchange Board of India (“SEBI”), with a view to guide market participants on delisting of equity shares has issued Frequently Asked Questions (“FAQs”).

The Goa Factories (Thirteenth Amendment) Rules, 2016
Department of labour, Goa vide this notification has amended the Goa Factories Rules, 1985.
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