Punishment for Contravention on defaults relating to deposits

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Punishment for Contravention of Section 73 and Section 76 of Companies Act, 2013 for Acceptance of Deposits by Companies [New Section 76A inserted]

 

The Companies (Amendment) Act, 2015 has inserted a new Section 76A after Section 76 which introduces penal provisions for contravention of provisions of Section 73 and Section 76 (pertaining to acceptance of deposits by a company) or rules made thereunder, or if a company fails to repay deposits within the time specified.

As per the amended law:
A company, if it fails to repay deposits within the specified time, shall be punishable with a fine which shall not be less than Rs.1 crore but which may extend to Rs. 10 crores, in addition to the payment of the amount of deposit or part thereof and the interest due.
Every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with a fine which shall not be less than Rs. 25 lakhs but which may extend to Rs. 2 crore, or with both.
Thus, specific punishment is prescribed for non-compliance to norms governing deposits taking activities.

India remains less exposed to external risks, says Moody’s

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Forecasting that India will clock the highest growth rate of 7-7.5 per cent among G20 economies in 2015 and 2016, Moody’s Investors Service on Thursday said the country is less exposed to external shocks, and the positive rating outlook reflects resilient growth and reforms momentum.

“India is less exposed to global risks because of its more resilient economic growth and the impact of positive policy reforms momentum,” the rating agency said.

Emerging market sovereigns have diverging shock-absorption capabilities to withstand the risks that will continue to impact global credit quality in 2015-16, says Moody’s in a report published on Thursday.

The report focuses on five Baa-rated sovereigns – Turkey, Brazil, South Africa, India and Indonesia.

“India is less exposed to external shocks than the other sovereigns discussed here. The positive outlook on its Baa3 rating reflects our view that the relatively resilient growth and the policy reform momentum will slowly stabilise inflation, improve the regulatory environment, increase infrastructure investment and lower government debt ratios,” it said.

In the report titled ‘Baa-rated Sovereigns: Diverging Resilience to Developing Global Risks’, Moody’s believes the main external risk facing EMs is the potential for a prolonged risk aversion, prompted by hopes of normalisation of US monetary policy and possibility of a sharper-than-expected China slowdown .

It also talks of country-specific challenges exacerbating this external risk.

“In contrast, we forecast strong growth in India of around 7-7.5 per cent per year in 2015-16, the highest among the G20 economies, which is supported by lower oil prices that will reinforce gradual growth-enhancing reforms,” it said.

Moody’s said although India, South Africa and Brazil have weaker fiscal positions than Turkey and Indonesia, these governments are less reliant on foreign currency and non-resident funding (government external debt).

The rating agency made a special mention of India’s significant monetary tightening in 2013, coupled with some fiscal consolidation, which is “an example of effective macroeconomic management that restored macroeconomic stability, albeit at the expense of near-term growth”.

“However, coupled with structural reforms to address regulatory and infrastructure weaknesses, lower inflation and current account deficit outcomes have set the pace for monetary loosening which commenced in 2015. This active policy response to counter emerging risks contributed to the positive outlook,” it said.

Acknowledging that foreign participation in the domestic debt market provides additional source of financing and reduces sovereign yields, Moody’s said it may at the same time transmit global financial shocks to local-currency sovereign bond markets and increase yield volatility.

“Credible and effective macroeconomic management can stabilise capital flows… If macroeconomic repair is coupled with longer-term structural reforms such as improved regulation and governance, the sovereign credit profile benefits from the ensuing competitiveness gains,” the rater said.

Turkey and Indonesia have fiscal profiles that compare favourably to the Baa median and are stronger than those of India, Brazil and South Africa.

According to the report, the trends in global capital flows have caused Brazil and Turkey to register the sharpest exchange rate depreciation and loss of reserves in the first half of 2015 while India proved comparatively resilient to these market developments.

Overall, Turkey stands out as most vulnerable to external risks because of its high reliance on external capital and large stock of external debt due annually combined with heightened political risks.

While Brazil is less reliant on external capital, it has already experienced significant financial market turbulence because of the country’s weak growth outlook, ongoing deterioration of its fiscal metrics and challenging political landscape.

South Africa and Indonesia are primarily exposed to financial market turbulence through their trade links with China and a period of low commodity prices.

“If Chinese growth is slower than expected, this could delay both countries’ cyclical economic recoveries and affect capital flows,” Moody’s said although both countries have adequate resources to meet their needs in periods of adverse market conditions.

Source: http://www.businesstoday.in/current/economy-politics/india-remains-less-exposed-to-external-risks-says-moodys/story/225142.html

ECB boost for India, world markets

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http://bsmedia.business-standard.com/_media/bs/img/article/2015-08/20/full/1440058499-7556.jpgThe Indian markets on Friday climbed to a two-month high after a rally in global equity markets in the wake of the European Central Bank (ECB) hinting at fresh stimulus measures. Most Asian markets ended up a little over one per cent, while Europe gained around two per cent.

The BSE exchange’s benchmark Sensex rose 183 points or 0.7 per cent to 27,470.8, the highest since August 20. This was its fourth straight weekly advance. The National Stock Exchange’s Nifty rose 0.5 per cent or 43.75 points to 8,295.45.

Experts said the markets could continue the upward trajectory as the Chinese central bank cut interest rates and the reserve ratio to give a boost to its economy. The announcement by People’s Bank of China, after the close of Indian markets, further buoyed the European and US futures markets.

“Both the ECB and China stimulus announcements are positive for the market, at least in the short term,” said U R Bhat, managing director, Dalton Capital Advisors. “However, these are artificial doses and when the central banks withdraw the stimulus there could be a lot of pain.”

The latest round of monetary easing, the sixth since November last year, comes as China’s growth rate for the September quarter dipped below seven per cent for the first time since the 2008 global financial crisis.

“The move by China might have a positive impact on the market in the near term. But, it indicates the extent of problem in the Chinese economy. On the margin, it is negative. One cannot rule out an increase in volatility, going ahead,” said Tirthankar Patnaik, India strategist, Mizuho Bank.

The stimulus packages by central banks in China and Europe might support stocks in the immediate term but the market remains vulnerable to correction, following the sharp gains made over recent weeks, say experts.

So far in October, the Sensex has gained five per cent, on the back of foreign flows of nearly $900 million. The index had declined nearly six per cent and one per cent in August and September, respectively.

“The next sets of (companies’) results are expected to be weak. The market could react negatively if there is earnings disappointment,” said Bhat.

ITC, which gained 2.8 per cent, was the best performing Sensex stock on Friday. Other major gainers were Axis Bank and GAIL. Bharti Airtel fell 3.4 per cent, the most among Sensex companies. Vedanta, Larsen & Toubro and Maruti Suzuki fell a little over two per cent each.

Foreign investors net-bought shares worth Rs 230 crore, while domestic institutions were net sellers by Rs 156 crore on Friday, provisional data showed.

The Indian markets on Friday climbed to a two-month high after a rally in global equity markets in the wake of the European Central Bank (ECB) hinting at fresh stimulus measures. Most Asian markets ended up a little over one per cent, while Europe gained around two per cent.

The BSE exchange’s benchmark Sensex rose 183 points or 0.7 per cent to 27,470.8, the highest since August 20. This was its fourth straight weekly advance. The National Stock Exchange’s Nifty rose 0.5 per cent or 43.75 points to 8,295.45.

Experts said the markets could continue the upward trajectory as the Chinese central bank cut interest rates and the reserve ratio to give a boost to its economy. The announcement by People’s Bank of China, after the close of Indian markets, further buoyed the European and US futures markets.

“Both the ECB and China stimulus announcements are positive for the market, at least in the short term,” said U R Bhat, managing director, Dalton Capital Advisors. “However, these are artificial doses and when the central banks withdraw the stimulus there could be a lot of pain.”

The latest round of monetary easing, the sixth since November last year, comes as China’s growth rate for the September quarter dipped below seven per cent for the first time since the 2008 global financial crisis.

“The move by China might have a positive impact on the market in the near term. But, it indicates the extent of problem in the Chinese economy. On the margin, it is negative. One cannot rule out an increase in volatility, going ahead,” said Tirthankar Patnaik, India strategist, Mizuho Bank.

The stimulus packages by central banks in China and Europe might support stocks in the immediate term but the market remains vulnerable to correction, following the sharp gains made over recent weeks, say experts.

So far in October, the Sensex has gained five per cent, on the back of foreign flows of nearly $900 million. The index had declined nearly six per cent and one per cent in August and September, respectively.

“The next sets of (companies’) results are expected to be weak. The market could react negatively if there is earnings disappointment,” said Bhat.

ITC, which gained 2.8 per cent, was the best performing Sensex stock on Friday. Other major gainers were Axis Bank and GAIL. Bharti Airtel fell 3.4 per cent, the most among Sensex companies. Vedanta, Larsen & Toubro and Maruti Suzuki fell a little over two per cent each.

Foreign investors net-bought shares worth Rs 230 crore, while domestic institutions were net sellers by Rs 156 crore on Friday, provisional data showed.

SEBI introduces uniform format of Listing Agreement for listed companies

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SEBI introduces uniform format of Listing Agreement for listed companies

Markets regulator SEBI today issued uniform listing agreement format incorporating the revised disclosure and regulatory requirements applicable for all listed entities.

The new listing regulations allow listed companies to seek shareholders’ approval for related party deals through ordinary resolutions.

Besides, SEBI’s provisions for listed entities have been aligned with those of the Companies Act, 2013.

CIRCULAR Note: The Securities and Exchange Board of India has issued a circular no. CIR/CFD/CMD/6/2015 dated 13th October, 2015 to provide a uniform format of the listing agreement for the listed companies. A listing agreement is the agreement which is required to be executed with the stock exchange where the securities of the company are listed.

CIRCULAR

CIR/CFD/CMD/6/2015                                                        October 13, 2015

To

All Listed Entities
All the Recognised Stock Exchanges

Dear Sir/Madam,

Sub: Format of uniform Listing Agreement

  1. The requirement of executing a listing agreement with the Stock Exchange is specified under different regulations related with initial issuance of capital, the details of which are as under:

Type of Securities, Regulation, Regulation No.

  1. Specified Securities (Equity & Convertible Securities on Main Board or SME or ITP) or Indian Depository Receipts, Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 (“ICDR”), Regulation 109
  2. Non-Convertible Debt Securities Securities, and Exchange Board of India (Issue and Listing of Debt Securities) Regulations, 2008 (“ILDS”), Regulation 19A
  3. Non-Convertible Redeemable Preference Shares, Securities and Exchange Board of India(Issue and Listing of NonConvertible Redeemable Preference Shares) Regulations, 2013 (“NCRPS”), Regulation 16A
  4. Securitised Debt Instruments, Securities and Exchange Board of India (Public Offer and Listing of Securitised Debt Instruments) Regulations, 2008 (“SDI”), Regulation 35A
  5. Mutual Funds, Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 (“MF”), Regulation 31B
  1. In order to give effect to the requirements of Regulations mentioned at para 1 above, a simplified listing agreement which is uniform across all types of securities/listed entities is being specified under Annexure I.
  2. A listed entity which has previously entered into agreement(s) with a recognised Stock Exchange(s) to list its securities shall execute a fresh listing agreement with such Stock Exchange within six months of the date of notification of Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (Listing Regulations) i.e. September 2, 2015.

Notwithstanding such novation, any action taken or purported to have been done or taken by the Stock Exchanges or SEBI, any enquiry or investigation commenced or showcause notice issued in respect of the existing listing agreement shall be deemed to have been done or taken under the corresponding provisions of the Listing Regulations in force.

  1. This circular is issued in exercise of the powers conferred under sections 11(1) and 11A of the Securities and Exchange Board of India Act 1992.
  2. This circular is available on SEBI website at www.sebi.gov.in under the categories “Legal Framework” and “Issues and listing”, “Mutual Funds”, “Corporate Debt Market” “Continuous Disclosure Requirements”.

Yours faithfully,

Harini Balaji
General Manager
+91-22-26449372
harinib@sebi.gov.in

India, Singapore to sign strategic partnership pact during PM’s visit

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Taking their bilateral ties to the next level, India and Singapore are expected to sign a strategic partnership pact during prime minister Narendra Modi’s visit to that country from November 23 to 25.

The broad contours of the agreement were also discussed during the fourth India-Singapore joint ministerial committee meeting held here on Tuesday. It was co-chaired by external affairs minister Sushma Swaraj and her Singaporean counterpart Vivian Balakrishnan.

The strategic partnership agreement would comprise expansion of cooperation in five main areas: Scaling up investment and trade; speeding up air and maritime connectivity; smart city development and urban rejuvenation; skills development and capacity building, and state focus on strengthening business and cultural links, according to a press release issued by the Singapore High Commission.

“The strategic partnership will come with deliverables and concrete outcomes, with focus on urban solutions, smart cities and knowledge and skill transfer,” Balakrishnan told reporters after the meeting.

Balakrishnan also highlighted the need to enhance connectivity between India and Singapore, particularly in the aviation sector.

He also highlighted Singapore’s contributions to India in the areas of smart cities and skills development.

“Both ministers agreed on the need to enhance economic cooperation, including expanding trade and investment between both countries,” the release stated.

This will be Modi’s second visit to Singapore as India’s prime minister. He last went there in September to attend the funeral of Singapore’s founding father Lee Kuan Yew.

Singapore is planning for a similar reception Modi had received in San Jose in US last month. He has also been chosen to deliver the prestigious “Singapore Lecture” during the visit.

Source: http://www.business-standard.com/article/economy-policy/india-singapore-to-sign-strategic-partnership-pact-during-pms-visit-115101300787_1.html

Start-up investments in India to see three-fold rise to $6.5 bn in 2015: Nasscom

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NASSCOM President R Chandrashekar (C), Chairman NASSCOM Product Council Ravi Gururaj (R) and Vice President NASSCOM 10K Strart-up Rajat Tandon releasing the second edition of the start-up report

India will witness about $6.5-billion (Rs 42,300 crore) funding in start-ups this year, as global investors look at investing in firms that build products and solutions for the local market, while using them for emerging markets in Asia, Africa and Latin America. India is the world’s third largest start-up hub.

Global private equity (PE) and venture capital (VC) firms spent $2.2 billion (Rs 14,300 crore) in 179 Indian start-ups in 2014. Till October, these firms doubled their investments to $4.9 billion (Rs 31,900 crore) and expect to increase them to $6.5 billion by the end of the year, according to industry body National Association of Software and Services Companies (Nasscom). Indian start-ups that received funding doubled to 400 in 2015, said a Nasscom report, released during the product conclave that began Tuesday. The report added investors had reaped returns in 2015, with exits touching $700 million.

India sees four start-ups emerge every day. Those who get funded get an average valuation of $2.7 million and nearly two thirds of them are concentrated in Bengaluru, Mumbai and the National Capital Region.

The number of start-ups in India is set to cross 4,200 by the end of 2015. About 1,200 technology start-ups were incepted in India this year, of which more than 50 per cent were in the e-commerce, consumer service and aggregator space. Unlike in the West, a majority of the Indian start-ups were focused on solving community problems using technology solutions in health care, education, social platforms, hyper local services and analytics. “Apart from positively impacting the lifestyles of citizens involved, start-ups are creating innovative technology solutions that are addressing the key social problems that India is facing and creating significant growth opportunities for stakeholders,” said R Chandrashekhar, president of Nasscom.  There are about 292 active angels and 156 active VC and PE players in the country.

The number of active investors has more than doubled from 220 in 2014 to 490 this year. Eight of the top-10 investing PE, VCs in India is foreign.

The number of accelerators and incubators has grown by 40 per cent over 2014 to touch 110. India has also emerged as the youngest start-up country with the average age of start-up founders at 28 years.

The second edition of 10,000 Start-ups Report has also accommodated a 10-point agenda for the government to cultivate the start-up culture of India,including definition of start-ups, taxing rules, regulations in terms of funding, online payments and branding.

Source: http://www.business-standard.com/article/companies/start-up-investments-in-india-to-see-three-fold-rise-to-6-5-bn-in-2015-nasscom-115101300983_1.html