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July 08-10, 2016
www.acquisory.com 1
News Bytes
CORPORATE
RBI
1. Amendment to Master Direction on KYC
– Operationalisation of Central KYC
Registry (CKYCR) and KYC norms for
Foreign Portfolio Investors (FPIs)
Reserve Bank of India (RBI) vide
Notification No. RBI/2016-2017/11
DBR.AML.BC.No.1/14.01.001/2016-17
dated 8th July, 2016 has made
amendment to the Master Direction on
KYC – Operationalisation of Central KYC
Registry (CKYCR) and KYC norms for
Foreign Portfolio Investors (FPIs).
The Reserve Bank of India has made
modification to the existing Section 57
(CDD Procedure and sharing KYC
information with Central KYC Records
Registry (CKYCR)) of the Reserve Bank of
India (Know Your Customer (KYC))
Directions, 2016 Master Direction
No.DBR.AML.No.81/14.01.001/2015-16
dated February 25, 2016.
https://www.rbi.org.in/Scripts/Notific
ationUser.aspx?Id=10498&Mode=0
2. Master Direction - Priority Sector
Lending – Targets and Classification
Reserve Bank of India (RBI) vide
Notification No. RBI/FIDD/2016-17/33
Master Direction
FIDD.CO.Plan.1/04.09.01/2016-17 dated
7th July, 2016 has issued Master Direction
on Priority Sector Lending – Targets and
Classification.
The guidelines on priority sector lending
were revised vide circular dated April 23,
2015. The priority sector loans
sanctioned under the guidelines issued
prior to April 23, 2015 will continue to be
classified under priority sector till
repayment/maturity/renewal.
https://www.rbi.org.in/Scripts/Notific
ationUser.aspx?Id=10497&Mode=0
3. Master Direction - Regional Rural Banks
- Priority Sector Lending – Targets and
Classification
Reserve Bank of India (RBI) vide
Notification No. RBI/FIDD/2016-17/34
July 08-10, 2016
www.acquisory.com 2
Master Direction
FIDD.CO.Plan.2/04.09.01/2016-17 dated
7th July, 2016 has issued Master Direction
on Regional Rural Banks - Priority Sector
Lending – Targets and Classification.
The revised guidelines on priority sector
lending by Regional Rural Banks were
made operational with effect from
January 1, 2016. Accordingly, the priority
sector loans sanctioned under the
guidelines issued prior to this date will
continue to be classified under priority
sector till repayment/ maturity/
renewal.
https://www.rbi.org.in/Scripts/Notific
ationUser.aspx?Id=10496&Mode=0
4. Master Direction on Money Market
Instruments: Call/Notice Money
Market, Commercial Paper, Certificates
of Deposit and Non-Convertible
Debentures (original maturity up to one
year)
Reserve Bank of India (RBI) vide
Notification No. RBI/FMRD/2016-17/32
FMRD.Master Direction No.2/2016-17
dated 7th July, 2016 has issued Master
Direction on Money Market Instruments:
Call/Notice Money Market, Commercial
Paper, Certificates of Deposit and Non-
Convertible Debentures (original
maturity up to one year).
The Reserve Bank of India has, from time
to time, issued a number of
guidelines/instructions/directives to the
eligible market participants in regard to
call/notice money market, Commercial
Paper (CP), Certificates of Deposit (CD)
and Non-Convertible Debentures (NCDs)
of original or initial maturity up to one
year.
To enable market participants to have
current instructions at one place, a
Master Direction incorporating all the
existing guidelines
/instructions/directives on the subject
has been prepared for reference of the
market participants and others
concerned.
https://www.rbi.org.in/Scripts/Notific
ationUser.aspx?Id=10495&Mode=0
5. Discontinuation of Reporting of Bank
Guarantee on behalf of service
importers
Reserve Bank of India (RBI) vide AP DIR
Circular No. 1 dated 7th July, 2016 has
reviewed the reporting requirements
under the Master Direction No.8 dated
January 01, 2016 and Master Direction
on ‘Reporting under Foreign Exchange
Management Act, 1999’ dated January 1,
2016.
July 08-10, 2016
www.acquisory.com 3
Under these directions on ‘Other
Remittance Facilities’ in terms of which,
AD Category-I banks were permitted to
issue guarantees in favour of a non-
resident service provider on behalf of
their resident customers importing
services, subject to the conditions laid
therein. AD Category-I banks were also
advised vide para no.1, Part X of the
Master Direction on ‘Reporting under
Foreign Exchange Management Act,
1999’ dated January 1, 2016, to report to
the Chief General Manager-in- Charge,
Foreign Exchange Department, Foreign
Investments Division (EPD), Reserve
Bank of India, Central Office, Mumbai-
400001 details about invocation of bank
guarantee for service imports.
Thus on a review of the reporting
requirements and to reduce the burden
of compliance, AD Category I banks are
advised to discontinue submission of
such reports with immediate effect. They
may, however, maintain records of such
invocations and furnish the required
details to RBI whenever sought.
https://rbi.org.in/Scripts/BS_ViewMas
Directions.aspx?id=10202
SEBI
1. Consultation paper for Disclosure of
financial information in offer
document/placement memorandum
and for Valuation in respect of SEBI
(Infrastructure investment trusts)
Regulations, 2014
Securities Exchange Board of India (SEBI)
has issued a Consultation paper for
Disclosure of financial information in
offer document/placement
memorandum and for Valuation in
respect of SEBI (Infrastructure
investment trusts) Regulations, 2014
dated 8th July, 2016.
The SEBI (Infrastructure investment
trusts) Regulations, 2014 (InvIT
Regulations) were notified on
September 26, 2014, thereby providing a
regulatory framework for registration
and regulation of InvITs in India. The
regulations, inter alia, prescribe
conditions for making a public offer and
private placement and broad guidelines
for making initial and continuous
disclosures including disclosures of
financials of the InvIT. However, in order
to enable investors to make well-
informed investment decisions, timely,
adequate and accurate disclosure of
financial results on a periodical basis is
critical. At the same time, it is important
to ensure comparability, uniformity and
July 08-10, 2016
www.acquisory.com 4
parity in disclosures made by such
entities.
InvIT regulations inter-alia provide for
broad guidelines for an InvIT w.r.t.
compliance with accounting norms to be
followed at the time of the initial offering
as well as continuous disclosures to be
complied with by the Infrastructure
investment trusts (InvITs). However,
specific requirements including the
preparation of accounts, formats etc. are
being discussed.
The present consultation paper proposes
a framework for disclosures in offer
document/placement memorandum
and for Valuation of the units of InvIT.
Further, it may be noted that the
consultation paper has been prepared
keeping in mind the fact that the InvIT
may hold the infrastructure assets both
through a special purpose vehicle (SPV)
(which may be a company or a LLP) as
well as directly. Therefore, depending
upon the structure of holding of the
infrastructure assets, the respective Acts
i.e. the Companies Act, 2013/ LLP Act,
2008 shall be applicable on such
structures, mutatis mutandis. Further,
the disclosure of consolidated financial
statements, as envisaged in the paper,
shall be applicable only when the InvIT
hold assets through SPV(s) as well.
http://www.sebi.gov.in/cms/sebi_data
/attachdocs/1467978060629.pdf
For any query:
Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acquisory news bytes 8 and 10 july 2016

  • 1. July 08-10, 2016 www.acquisory.com 1 News Bytes CORPORATE RBI 1. Amendment to Master Direction on KYC – Operationalisation of Central KYC Registry (CKYCR) and KYC norms for Foreign Portfolio Investors (FPIs) Reserve Bank of India (RBI) vide Notification No. RBI/2016-2017/11 DBR.AML.BC.No.1/14.01.001/2016-17 dated 8th July, 2016 has made amendment to the Master Direction on KYC – Operationalisation of Central KYC Registry (CKYCR) and KYC norms for Foreign Portfolio Investors (FPIs). The Reserve Bank of India has made modification to the existing Section 57 (CDD Procedure and sharing KYC information with Central KYC Records Registry (CKYCR)) of the Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016 Master Direction No.DBR.AML.No.81/14.01.001/2015-16 dated February 25, 2016. https://www.rbi.org.in/Scripts/Notific ationUser.aspx?Id=10498&Mode=0 2. Master Direction - Priority Sector Lending – Targets and Classification Reserve Bank of India (RBI) vide Notification No. RBI/FIDD/2016-17/33 Master Direction FIDD.CO.Plan.1/04.09.01/2016-17 dated 7th July, 2016 has issued Master Direction on Priority Sector Lending – Targets and Classification. The guidelines on priority sector lending were revised vide circular dated April 23, 2015. The priority sector loans sanctioned under the guidelines issued prior to April 23, 2015 will continue to be classified under priority sector till repayment/maturity/renewal. https://www.rbi.org.in/Scripts/Notific ationUser.aspx?Id=10497&Mode=0 3. Master Direction - Regional Rural Banks - Priority Sector Lending – Targets and Classification Reserve Bank of India (RBI) vide Notification No. RBI/FIDD/2016-17/34
  • 2. July 08-10, 2016 www.acquisory.com 2 Master Direction FIDD.CO.Plan.2/04.09.01/2016-17 dated 7th July, 2016 has issued Master Direction on Regional Rural Banks - Priority Sector Lending – Targets and Classification. The revised guidelines on priority sector lending by Regional Rural Banks were made operational with effect from January 1, 2016. Accordingly, the priority sector loans sanctioned under the guidelines issued prior to this date will continue to be classified under priority sector till repayment/ maturity/ renewal. https://www.rbi.org.in/Scripts/Notific ationUser.aspx?Id=10496&Mode=0 4. Master Direction on Money Market Instruments: Call/Notice Money Market, Commercial Paper, Certificates of Deposit and Non-Convertible Debentures (original maturity up to one year) Reserve Bank of India (RBI) vide Notification No. RBI/FMRD/2016-17/32 FMRD.Master Direction No.2/2016-17 dated 7th July, 2016 has issued Master Direction on Money Market Instruments: Call/Notice Money Market, Commercial Paper, Certificates of Deposit and Non- Convertible Debentures (original maturity up to one year). The Reserve Bank of India has, from time to time, issued a number of guidelines/instructions/directives to the eligible market participants in regard to call/notice money market, Commercial Paper (CP), Certificates of Deposit (CD) and Non-Convertible Debentures (NCDs) of original or initial maturity up to one year. To enable market participants to have current instructions at one place, a Master Direction incorporating all the existing guidelines /instructions/directives on the subject has been prepared for reference of the market participants and others concerned. https://www.rbi.org.in/Scripts/Notific ationUser.aspx?Id=10495&Mode=0 5. Discontinuation of Reporting of Bank Guarantee on behalf of service importers Reserve Bank of India (RBI) vide AP DIR Circular No. 1 dated 7th July, 2016 has reviewed the reporting requirements under the Master Direction No.8 dated January 01, 2016 and Master Direction on ‘Reporting under Foreign Exchange Management Act, 1999’ dated January 1, 2016.
  • 3. July 08-10, 2016 www.acquisory.com 3 Under these directions on ‘Other Remittance Facilities’ in terms of which, AD Category-I banks were permitted to issue guarantees in favour of a non- resident service provider on behalf of their resident customers importing services, subject to the conditions laid therein. AD Category-I banks were also advised vide para no.1, Part X of the Master Direction on ‘Reporting under Foreign Exchange Management Act, 1999’ dated January 1, 2016, to report to the Chief General Manager-in- Charge, Foreign Exchange Department, Foreign Investments Division (EPD), Reserve Bank of India, Central Office, Mumbai- 400001 details about invocation of bank guarantee for service imports. Thus on a review of the reporting requirements and to reduce the burden of compliance, AD Category I banks are advised to discontinue submission of such reports with immediate effect. They may, however, maintain records of such invocations and furnish the required details to RBI whenever sought. https://rbi.org.in/Scripts/BS_ViewMas Directions.aspx?id=10202 SEBI 1. Consultation paper for Disclosure of financial information in offer document/placement memorandum and for Valuation in respect of SEBI (Infrastructure investment trusts) Regulations, 2014 Securities Exchange Board of India (SEBI) has issued a Consultation paper for Disclosure of financial information in offer document/placement memorandum and for Valuation in respect of SEBI (Infrastructure investment trusts) Regulations, 2014 dated 8th July, 2016. The SEBI (Infrastructure investment trusts) Regulations, 2014 (InvIT Regulations) were notified on September 26, 2014, thereby providing a regulatory framework for registration and regulation of InvITs in India. The regulations, inter alia, prescribe conditions for making a public offer and private placement and broad guidelines for making initial and continuous disclosures including disclosures of financials of the InvIT. However, in order to enable investors to make well- informed investment decisions, timely, adequate and accurate disclosure of financial results on a periodical basis is critical. At the same time, it is important to ensure comparability, uniformity and
  • 4. July 08-10, 2016 www.acquisory.com 4 parity in disclosures made by such entities. InvIT regulations inter-alia provide for broad guidelines for an InvIT w.r.t. compliance with accounting norms to be followed at the time of the initial offering as well as continuous disclosures to be complied with by the Infrastructure investment trusts (InvITs). However, specific requirements including the preparation of accounts, formats etc. are being discussed. The present consultation paper proposes a framework for disclosures in offer document/placement memorandum and for Valuation of the units of InvIT. Further, it may be noted that the consultation paper has been prepared keeping in mind the fact that the InvIT may hold the infrastructure assets both through a special purpose vehicle (SPV) (which may be a company or a LLP) as well as directly. Therefore, depending upon the structure of holding of the infrastructure assets, the respective Acts i.e. the Companies Act, 2013/ LLP Act, 2008 shall be applicable on such structures, mutatis mutandis. Further, the disclosure of consolidated financial statements, as envisaged in the paper, shall be applicable only when the InvIT hold assets through SPV(s) as well. http://www.sebi.gov.in/cms/sebi_data /attachdocs/1467978060629.pdf For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com