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December 30&31, 2016
www.acquisory.com 1
News Bytes
CORPORATE
RBI
Closure of the scheme of exchange of
Specified Bank Notes (SBNs) at banks on
December 30th 2016- Accounting
Reserve Bank of India (RBI) vide Notification
no. RBI/2016-17/201 DCM (Plg)
No.2103/10.27.00/2016-17 dated 30th
December, 2016 has issued the Circular with
regard to closure of the facility of exchange
of SBNs as at the close of business on
December 30, 2016, all banks should report
information on collection of SBNs on
December 30, 2016 itself at email. Banks
should make arrangements to gather the
information from all its branches
accordingly.
All bank branches (other than those of
DCCBs) who have accumulated SBNs as at
the close of business on December 30, 2016
are required to deposit the same in any Issue
Office of the Reserve Bank or a currency
chest on December 31, 2016 itself. SBNs
cannot form part of banks’ cash balances
from the close of business as on December
31, 2016.
https://www.rbi.org.in/Scripts/Notificatio
nUser.aspx?Id=10804&Mode=0
Cash withdrawal from ATMs –
Enhancement of daily limits
Reserve Bank of India (RBI) vide Notification
No. RBI/2016-17/204 DCM (Plg) No.
2142/10.27.00/2016-17 dated 30th
December, 2016 has increased the cash
withdrawal daily limits from ATMs. On a
review of the position, the daily limit of
withdrawal from ATMs has been increased
(within the overall weekly limits specified)
with effect from January 01, 2017, from the
existing ₹ 2500/- to ₹ 4500/- per day per
card. There is no change in weekly
withdrawal limits. Such disbursals should
predominantly be in the denomination of ₹
500.
https://www.rbi.org.in/Scripts/Notificatio
nUser.aspx?Id=10807&Mode=0
Facility for exchange of Specified Bank
Notes (SBNs) during Grace Period –
Verification of KYC and Account details
Reserve Bank of India (RBI) vide Notification
No. RBI/2016-17/205 DCM (Plg) No.2170
/10.27.00/2016-17 dated 31st December,
2016 has provided facility for exchange of
Specified Bank Notes (SBNs) during Grace
period alongwith verification of KYC and
Account details. The facility will remain open
December 30&31, 2016
www.acquisory.com 2
for residents from January 2, 2017 to March
31, 2017 and for NRIs from January 2, 2017
to June 30, 2017.
https://www.rbi.org.in/Scripts/Notificatio
nUser.aspx?Id=10808&Mode=0
MCA
MCA notifies Companies (Incorporation)
Fifth Amendment Rules, 2016
MCA has notified the Companies
(Incorporation) Fifth Amendment Rules,
2016 which shall come into force on
1st January, 2017. Through these Rules,
Form INC-2 is deprecated and Form INC-7
shall be used for incorporating Part I
Companies and companies with more than
seven subscribers only. The revised INC-7
shall be made available on the portal for
filing purposes w.e.f 15th January 2017. For
incorporating OPCs and Companies (with up
to seven subscribers), only SPICe (INC-32)
should be used henceforth. The filing fee for
SPICe has also been reduced from Rs.2000 to
Rs.500 and number of resubmissions from
three to two. Further, Form lNC-22 shall not
be required to be filed in case the proposed
company maintains its registered office at
the given correspondence address.
http://mca.gov.in/Ministry/pdf/5th_Amen
dment_Rules_29122016.pdf
SEBI
Continuous disclosures and compliances by
REITs
SEBI vide Circular No. CIR/IMD/DF/146/2016
dated 29th December, 2016 has provided
under Regulation 23 of the SEBI (Real Estate
Investment Trusts) Regulations, 2014 (‘the
REIT Regulations’) prescribe disclosures to
be made by a REIT to the Stock Exchange(s)
where its units are listed. The said
disclosures, inter-alia, include disclosures for
financial as well as non-financial
information. With reference to the aforesaid
Regulations, the requirements for disclosure
of financial information and pertinent
compliances on continuous basis and the
requirements for disclosure of non-financial
information and pertinent compliances on
continuous basis are prescribed in separate
Annexures.
http://www.sebi.gov.in/cms/sebi_data/at
tachdocs/1483009219503.pdf
TAXATION
India and Singapore Sign a Third Protocol
for Amending the Double Taxation
Avoidance Agreement (DTAA).
Ministry of Finance vide Press Release dated
30th December, 2016 has amended Double
Taxation Avoidance Agreement (DTAA)
between India and Singapore.
India and Singapore have amended the
DTAA for the avoidance of double taxation
and prevention of fiscal evasion with respect
December 30&31, 2016
www.acquisory.com 3
to taxes on income, by signing a Third
Protocol today. This is in line with India’s
treaty policy to prevent double non-
taxation, curb revenue loss and check the
menace of black money through automatic
exchange of information, as reflected in
India’s recently revised treaties with
Mauritius and Cyprus and the joint
declaration signed with Switzerland.
The India-Singapore DTAA at present
provides for residence based taxation of
capital gains of shares in a company.
For any query:
Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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RBI, MCA, SEBI and Taxation Update - 30th & 31st Dec 2016

  • 1. December 30&31, 2016 www.acquisory.com 1 News Bytes CORPORATE RBI Closure of the scheme of exchange of Specified Bank Notes (SBNs) at banks on December 30th 2016- Accounting Reserve Bank of India (RBI) vide Notification no. RBI/2016-17/201 DCM (Plg) No.2103/10.27.00/2016-17 dated 30th December, 2016 has issued the Circular with regard to closure of the facility of exchange of SBNs as at the close of business on December 30, 2016, all banks should report information on collection of SBNs on December 30, 2016 itself at email. Banks should make arrangements to gather the information from all its branches accordingly. All bank branches (other than those of DCCBs) who have accumulated SBNs as at the close of business on December 30, 2016 are required to deposit the same in any Issue Office of the Reserve Bank or a currency chest on December 31, 2016 itself. SBNs cannot form part of banks’ cash balances from the close of business as on December 31, 2016. https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=10804&Mode=0 Cash withdrawal from ATMs – Enhancement of daily limits Reserve Bank of India (RBI) vide Notification No. RBI/2016-17/204 DCM (Plg) No. 2142/10.27.00/2016-17 dated 30th December, 2016 has increased the cash withdrawal daily limits from ATMs. On a review of the position, the daily limit of withdrawal from ATMs has been increased (within the overall weekly limits specified) with effect from January 01, 2017, from the existing ₹ 2500/- to ₹ 4500/- per day per card. There is no change in weekly withdrawal limits. Such disbursals should predominantly be in the denomination of ₹ 500. https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=10807&Mode=0 Facility for exchange of Specified Bank Notes (SBNs) during Grace Period – Verification of KYC and Account details Reserve Bank of India (RBI) vide Notification No. RBI/2016-17/205 DCM (Plg) No.2170 /10.27.00/2016-17 dated 31st December, 2016 has provided facility for exchange of Specified Bank Notes (SBNs) during Grace period alongwith verification of KYC and Account details. The facility will remain open
  • 2. December 30&31, 2016 www.acquisory.com 2 for residents from January 2, 2017 to March 31, 2017 and for NRIs from January 2, 2017 to June 30, 2017. https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=10808&Mode=0 MCA MCA notifies Companies (Incorporation) Fifth Amendment Rules, 2016 MCA has notified the Companies (Incorporation) Fifth Amendment Rules, 2016 which shall come into force on 1st January, 2017. Through these Rules, Form INC-2 is deprecated and Form INC-7 shall be used for incorporating Part I Companies and companies with more than seven subscribers only. The revised INC-7 shall be made available on the portal for filing purposes w.e.f 15th January 2017. For incorporating OPCs and Companies (with up to seven subscribers), only SPICe (INC-32) should be used henceforth. The filing fee for SPICe has also been reduced from Rs.2000 to Rs.500 and number of resubmissions from three to two. Further, Form lNC-22 shall not be required to be filed in case the proposed company maintains its registered office at the given correspondence address. http://mca.gov.in/Ministry/pdf/5th_Amen dment_Rules_29122016.pdf SEBI Continuous disclosures and compliances by REITs SEBI vide Circular No. CIR/IMD/DF/146/2016 dated 29th December, 2016 has provided under Regulation 23 of the SEBI (Real Estate Investment Trusts) Regulations, 2014 (‘the REIT Regulations’) prescribe disclosures to be made by a REIT to the Stock Exchange(s) where its units are listed. The said disclosures, inter-alia, include disclosures for financial as well as non-financial information. With reference to the aforesaid Regulations, the requirements for disclosure of financial information and pertinent compliances on continuous basis and the requirements for disclosure of non-financial information and pertinent compliances on continuous basis are prescribed in separate Annexures. http://www.sebi.gov.in/cms/sebi_data/at tachdocs/1483009219503.pdf TAXATION India and Singapore Sign a Third Protocol for Amending the Double Taxation Avoidance Agreement (DTAA). Ministry of Finance vide Press Release dated 30th December, 2016 has amended Double Taxation Avoidance Agreement (DTAA) between India and Singapore. India and Singapore have amended the DTAA for the avoidance of double taxation and prevention of fiscal evasion with respect
  • 3. December 30&31, 2016 www.acquisory.com 3 to taxes on income, by signing a Third Protocol today. This is in line with India’s treaty policy to prevent double non- taxation, curb revenue loss and check the menace of black money through automatic exchange of information, as reflected in India’s recently revised treaties with Mauritius and Cyprus and the joint declaration signed with Switzerland. The India-Singapore DTAA at present provides for residence based taxation of capital gains of shares in a company. For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com