The document is an intermediate circular from Banque du Liban amending a previous decision regarding facilities that may be granted by Banque du Liban to banks and financial institutions. The amendment adds a new article that allows banks to benefit from interest-free facilities for up to 7 years to participate in the capital of startup companies, incubators, and venture capital funds in Lebanon. The facilities are intended to support economic and job growth. Strict conditions are outlined regarding eligibility, participation limits, required documents, oversight, and penalties for non-compliance.
The document provides a summary of recent legal and regulatory developments in India. It discusses:
1) A Supreme Court ruling restricting cheque bouncing cases to the jurisdiction of the drawer bank's location.
2) A ruling that arbitration cannot be barred due to criminal proceedings related to the agreement.
3) New regulations introduced by SEBI allowing real estate investment trusts (REITs) in India.
4) Increased FDI limits in railways and defence infrastructure projects.
Vietnam Banking Regulations - towards BASEL II Quyet Thang Ho
This document outlines Vietnam's banking regulations, including relevant laws and decrees governing the banking sector. It discusses the scope of permitted banking activities for Vietnamese banks, which includes accepting deposits, lending, payment services, and other financial services. The organizational structure of joint stock banks is also outlined, including requirements for board members, independent directors, and management positions. Finally, the document notes that Vietnam's key prudential regulation is a minimum capital adequacy ratio of 9% that banks must maintain under relevant circulars from the State Bank of Vietnam.
General Introduction and Background
The keenly anticipated legislation introducing the Irish Collective Asset-management Vehicle (“ICAV”), Ireland’s newest investment fund vehicle, is fully operative as of 12 March 2015. The Irish Collective Asset-management Vehicle Act 2015 is the culmination of a joint government and industry project to
make available to promoters a legal framework for a corporate fund vehicle that is specifically designed for investment funds. Matheson partners have been extensively involved in the industry project to introduce the ICAV, the introduction of which increases the range of available fund vehicles in Ireland, satisfying both promoter and investor appetite, and reflecting a practical balance between organisational and operational flexibility on the one hand and investor protection on the other.
The ICAV is a new corporate vehicle designed for Irish investment funds, providing a tailor-made corporate solution for both UCITS and alternative investment funds (“AIFs”). Conceived specifically with the needs of investment funds in mind, the ICAV, as a bespoke corporate investment fund vehicle, will have the advantage that it will not be impacted by amendments to certain pieces of European and domestic company legislation that are targeted at trading companies rather than investment funds. For further information on the key features and benefits of the ICAV, please refer to our factsheet available at www.matheson.com.
The following is a summary of the key steps involved in establishing an ICAV
The document is a regulatory update from the Confederation of Indian Industry (CII) providing information on domestic and global regulatory changes. It includes summaries of updates from the Securities and Exchange Board of India (SEBI) regarding non-compliance by listed companies, permitting certain clauses in shareholder agreements, regulations for listing small and medium enterprises on an institutional trading platform, and streamlining investor grievance redressal. It also provides summaries of draft rules released by the Ministry of Corporate Affairs on deposits, the Serious Fraud Investigation Office, and other matters. The update covers changes between September-October 2013.
The document summarizes the roles and functions of the Securities and Exchange Board of India (SEBI). It discusses that SEBI was established in 1988 by the Government of India and was upgraded to a statutory board in 1992. It describes SEBI's objectives to protect investor interests and promote fair practices in securities markets. The document outlines SEBI's regulatory functions such as registration of intermediaries and prohibition of unfair trade practices. It also discusses SEBI's developmental functions like investor education and research. The powers and departments of SEBI are presented. Recent regulatory cases involving Vedanta-Cairn and Deccan Chronicle Holdings are also summarized.
- A Pension Administration Office was established to administer retirement pension schemes in the Maldives according to the Pension Law of 2009.
- The office administers the Retirement Pension Scheme of Maldives, where employers and employees must contribute a minimum of 7% each of the employee's wage to a retirement savings account.
- At age 55 or 65, participants can apply for pension benefits based on the balance in their retirement savings account to receive monthly pension payments.
SEBI (LODR) Regulations, 2015- Obligations on listing of NCDs / NCRPs - Part IIDVSResearchFoundatio
Key Takeaways:
- Intimations to debenture trustees / holders of NCDs and NCRPs
- Structure / terms of NCDs and NCRPs
- Record date
- Functional Website
The document discusses bank examination and supervision. It describes external supervision by government agencies and internal controls within banks. The purposes of examination are to ensure compliance with laws/regulations and evaluate financial soundness by identifying unsafe practices like inadequate lending practices. The Bangko Sentral ng Pilipinas is responsible for regular examination of all banking institutions to check for issues like embezzlement, defalcation, or other misappropriation of funds. Effective internal controls and audits are important for prevention.
The document provides a summary of recent legal and regulatory developments in India. It discusses:
1) A Supreme Court ruling restricting cheque bouncing cases to the jurisdiction of the drawer bank's location.
2) A ruling that arbitration cannot be barred due to criminal proceedings related to the agreement.
3) New regulations introduced by SEBI allowing real estate investment trusts (REITs) in India.
4) Increased FDI limits in railways and defence infrastructure projects.
Vietnam Banking Regulations - towards BASEL II Quyet Thang Ho
This document outlines Vietnam's banking regulations, including relevant laws and decrees governing the banking sector. It discusses the scope of permitted banking activities for Vietnamese banks, which includes accepting deposits, lending, payment services, and other financial services. The organizational structure of joint stock banks is also outlined, including requirements for board members, independent directors, and management positions. Finally, the document notes that Vietnam's key prudential regulation is a minimum capital adequacy ratio of 9% that banks must maintain under relevant circulars from the State Bank of Vietnam.
General Introduction and Background
The keenly anticipated legislation introducing the Irish Collective Asset-management Vehicle (“ICAV”), Ireland’s newest investment fund vehicle, is fully operative as of 12 March 2015. The Irish Collective Asset-management Vehicle Act 2015 is the culmination of a joint government and industry project to
make available to promoters a legal framework for a corporate fund vehicle that is specifically designed for investment funds. Matheson partners have been extensively involved in the industry project to introduce the ICAV, the introduction of which increases the range of available fund vehicles in Ireland, satisfying both promoter and investor appetite, and reflecting a practical balance between organisational and operational flexibility on the one hand and investor protection on the other.
The ICAV is a new corporate vehicle designed for Irish investment funds, providing a tailor-made corporate solution for both UCITS and alternative investment funds (“AIFs”). Conceived specifically with the needs of investment funds in mind, the ICAV, as a bespoke corporate investment fund vehicle, will have the advantage that it will not be impacted by amendments to certain pieces of European and domestic company legislation that are targeted at trading companies rather than investment funds. For further information on the key features and benefits of the ICAV, please refer to our factsheet available at www.matheson.com.
The following is a summary of the key steps involved in establishing an ICAV
The document is a regulatory update from the Confederation of Indian Industry (CII) providing information on domestic and global regulatory changes. It includes summaries of updates from the Securities and Exchange Board of India (SEBI) regarding non-compliance by listed companies, permitting certain clauses in shareholder agreements, regulations for listing small and medium enterprises on an institutional trading platform, and streamlining investor grievance redressal. It also provides summaries of draft rules released by the Ministry of Corporate Affairs on deposits, the Serious Fraud Investigation Office, and other matters. The update covers changes between September-October 2013.
The document summarizes the roles and functions of the Securities and Exchange Board of India (SEBI). It discusses that SEBI was established in 1988 by the Government of India and was upgraded to a statutory board in 1992. It describes SEBI's objectives to protect investor interests and promote fair practices in securities markets. The document outlines SEBI's regulatory functions such as registration of intermediaries and prohibition of unfair trade practices. It also discusses SEBI's developmental functions like investor education and research. The powers and departments of SEBI are presented. Recent regulatory cases involving Vedanta-Cairn and Deccan Chronicle Holdings are also summarized.
- A Pension Administration Office was established to administer retirement pension schemes in the Maldives according to the Pension Law of 2009.
- The office administers the Retirement Pension Scheme of Maldives, where employers and employees must contribute a minimum of 7% each of the employee's wage to a retirement savings account.
- At age 55 or 65, participants can apply for pension benefits based on the balance in their retirement savings account to receive monthly pension payments.
SEBI (LODR) Regulations, 2015- Obligations on listing of NCDs / NCRPs - Part IIDVSResearchFoundatio
Key Takeaways:
- Intimations to debenture trustees / holders of NCDs and NCRPs
- Structure / terms of NCDs and NCRPs
- Record date
- Functional Website
The document discusses bank examination and supervision. It describes external supervision by government agencies and internal controls within banks. The purposes of examination are to ensure compliance with laws/regulations and evaluate financial soundness by identifying unsafe practices like inadequate lending practices. The Bangko Sentral ng Pilipinas is responsible for regular examination of all banking institutions to check for issues like embezzlement, defalcation, or other misappropriation of funds. Effective internal controls and audits are important for prevention.
This document discusses participatory notes (P-notes), which are financial instruments used by foreign investors to invest in Indian securities without registering with SEBI. It provides details on how P-notes work, who uses them, their benefits and risks. It also discusses past regulatory issues around increasing transparency of P-notes and curbing volatility related to them.
The document discusses various laws and regulations governing capital markets and companies in India, including the powers and functions of the Securities and Exchange Board of India (SEBI). It outlines SEBI's powers relating to registration and regulation of intermediaries, prohibition of unfair trade practices, and investigation and enforcement actions. It also describes various penalties that SEBI can impose under the SEBI Act for non-compliance, such as penalties for failure to furnish information or redress investor grievances.
Introduction of system driven disclosures in securities market by sebiGAURAV KR SHARMA
1. SEBI is introducing a system to automate disclosures of share transactions by promoters and promoter groups of listed companies.
2. In the first phase, the system will disclose acquisitions, disposals and pledges of company shares by promoters based on transaction thresholds. It will run parallel to existing disclosure processes.
3. Depositories will provide registered shareholding data of promoters to RTAs daily. RTAs will aggregate data, generate reports for stock exchanges, and check for discrepancies with promoter disclosures. The aim is to increase transparency of promoter transactions in securities markets.
Understanding the Roles and Responsibilities of RBI and the RBI Act, 1934DVSResearchFoundatio
Key Takeaways:
Scope of RBI Act,1934
Banking functions and powers of RBI
Provisions relating to NBFCs
Regulation of derivative instruments
Monetary Policy and inflation target
Other provisions relating to functioning of banking system
FREQUENTLY ASKED QUESTIONS (FAQs) SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014BFSICM
The document provides frequently asked questions and answers regarding the SEBI (Research Analysts) Regulations, 2014. Some key points:
- The regulations specify requirements for registration, certification, disclosures, code of conduct and more for research analysts in India.
- Existing research analysts had 6 months to apply for registration and will be given 2 years to obtain required certification.
- Individual research analysts do not need separate registration, but must meet qualification requirements. The employing research entity requires registration.
- Certain communications like commentaries and periodic reports are excluded from the definition of "research report".
- Most intermediaries must register if they issue research reports, but some like asset managers are exempt. Independent analysts
Participatory notes (P-Notes) allow foreign investors to invest in Indian stock markets without directly registering with the market regulator SEBI. The Supreme Court has asked SEBI to issue guidelines to curb the flow of black money through P-Notes by better identifying their real owners. In response, the Indian stock market fell over 500 points on concerns that restrictions on P-Notes could reduce foreign investment inflows. SEBI has taken measures like increased reporting requirements and restrictions on certain types of P-Notes to balance curbing black money while not unduly impacting foreign investment.
The document discusses the need for a regulatory body for investor protection in India. It notes that India has an informationally weak capital market, and restoring investor confidence is needed following repeated scams. It then describes the establishment of the Securities and Exchange Board of India (SEBI) in 1988 as a non-statutory body, given statutory powers in 1992 via the SEBI Act. SEBI aims to protect investors, promote development of the securities market, and regulate market activities and intermediaries. Its objectives include registering and regulating stock brokers and other intermediaries, prohibiting insider trading, and regulating substantial acquisitions and takeovers.
The document provides information about the Public Provident Fund (PPF) scheme in India. It details the key features of PPF accounts including eligibility, minimum deposits, interest rates, tax benefits, withdrawal and loan options. PPF accounts can be opened by individuals and minors, offer tax benefits under section 80C, and have favorable withdrawal and maturity terms including complete tax exemption on interest and maturity proceeds. The document also provides information on procedures for opening a PPF account, consequences of defaulting on minimum deposits, and contact details for a financial services firm.
Company law- foreign venture capital investor Divyansh Sharma
This document provides an overview of foreign venture capital investments in India. It defines key terms like foreign venture capital investor (FVCI), venture capital funds (VCF), and Indian venture capital undertakings (IVCU). It explains that an FVCI must register with SEBI and RBI before making investments in India. An FVCI can invest up to 100% of its funds in a VCF and must invest at least 66.67% of its funds in unlisted equity of IVCUs. It outlines the general obligations of an FVCI and notes that income of a registered FVCI is exempt from income tax under Indian law.
The Reserve Bank of India issued several circulars on April 21, 2016:
1. It allowed foreign investment in real estate investment trusts, infrastructure investment trusts, and alternative investment funds regulated by SEBI.
2. It required banks to provide investment advisory services through subsidiaries registered with SEBI rather than directly.
3. It allowed infrastructure debt funds set up as NBFCs to raise some funds through shorter term bonds and commercial paper.
4. It issued master directions on the pricing and issuance of shares by private banks and on the amalgamation of private banks.
SEBI also issued guidelines, including laying out a framework for private placement of debt securities through an electronic book mechanism. The Delhi government amended
IDFC Nifty Fund_Scheme information documentIDFCJUBI
The document provides information on the IDFC Nifty Fund scheme. Some key details include:
1) The scheme aims to replicate the Nifty 50 index by investing in the same securities in the same proportion as the index. There is no assurance the scheme will achieve its objective.
2) The scheme offers a Regular and Direct plan with growth and dividend options. Minimum investment amounts are Rs. 5,000 initially and Rs. 1,000 for additional purchases.
3) The scheme benchmarks its performance against the Nifty 50 TRI and aims to provide investors with returns corresponding to the index, subject to tracking error.
The document provides information on the Senior Citizens Savings Scheme launched by the Government of India in 2004, which allows individuals aged 60 or older to open a fixed deposit earning interest exempt from income tax. The scheme has eligibility criteria regarding age and retirement status, allows deposits up to Rs. 15 lakh for 5 years with options to renew or prematurely close with penalties, and specifies interest rates, nomination rules, and procedures for handling accounts upon a depositor's death.
DRT and DRAT has been of immense help to the bank and the borrower.Raju Samanta
The document discusses the Debt Recovery Tribunal (DRT) Act and its purpose of helping banks recover bad loans through a legal process. It established tribunals to more efficiently recover debts owed to banks. The DRT is overseen by a presiding officer and handles cases over 20 lakh rupees. Its judgments can be appealed to the Debt Recovery Appellate Tribunal. The Act aimed to reduce banks' non-performing assets and help their financial position by expediting the debt recovery process.
Listed companies can raise further capital via preferential routes to meet li...GAURAV KR SHARMA
1) SEBI issued guidelines in 2012 and 2014 allowing exclusively listed companies (ELCs) on de-recognized stock exchanges to get listed on nationwide exchanges or opt for voluntary delisting. ELCs that did not comply would be moved to the Dissemination Board (DB).
2) SEBI clarified processes for ELCs on the DB to raise capital to facilitate listing on nationwide exchanges or provide an exit to investors. ELCs must choose one option within 3 months or face actions like promoters barred from securities market for 10 years.
3) Designated stock exchanges will oversee ELCs' compliance and recommend actions against non-compliant companies to protect investors.
The document summarizes regulations from SEBI pertaining to Venture Capital Funds and Foreign Venture Capital Investors in India. Some key points:
- It defines Venture Capital Funds and Venture Capital Undertakings and sets criteria for minimum investment sizes and investment strategies.
- It allows Foreign Venture Capital Investors to register with SEBI and sets their eligibility criteria and investment conditions.
- It also relaxes some regulations for registered Venture Capital Funds and Foreign Venture Capital Investors regarding public offerings, acquisition of shares, and investments by mutual funds in Venture Capital Funds.
Participatory Notes And The Crisis of 2007peterkapanee
The document discusses participatory notes (P-notes), which are financial instruments used by foreign investors to invest in Indian securities markets without registering directly with the Securities and Exchange Board of India (SEBI). P-notes are issued by registered Foreign Institutional Investors (FIIs) to overseas investors, with the value based on underlying Indian stocks. Dividends and capital gains from these underlying assets go to overseas investors via broking houses. While not requiring registration with SEBI, FIIs must register. P-notes provide anonymity and were widely used before SEBI proposed curbs in 2007.
Lawyer in Vietnam Dr. Oliver Massmann SECURITIES AND BANKING GUIDE UPDATE 2018Dr. Oliver Massmann
The State Bank of Vietnam (SBV) is the central bank of Vietnam and is responsible for monetary policy and supervision of financial institutions. A process of privatizing Vietnam's banking sector is underway, with the goal of reducing state ownership of the four largest state-owned commercial banks. Foreign ownership of Vietnamese credit institutions is restricted, with no single foreign investor allowed over 20% ownership and total foreign ownership capped at 30% for commercial banks and 49% for non-banking institutions. The government is drafting a new decree to increase the foreign ownership limit for commercial banks to 50%.
The document discusses the powers and functions of the Securities and Exchange Board of India (SEBI). It outlines SEBI's powers to regulate capital markets, stock exchanges, and intermediaries. It discusses SEBI's powers to investigate violations, issue directions, adjudicate on penalties, and take enforcement actions such as monetary penalties or prosecution. The document also summarizes some court cases related to the scope of SEBI's powers under sections 11A, 11B, and 15I of the SEBI Act.
For the First time consolidated guidelines in respect of Foreign Direct Investment in India has been introduced. Circular states that it is merely a consolidation of various scattered FDI listing and it also has sunset clause. However close look of the new circular shows that this is not merely a consolidation of the existing guidelines/polices. In the write up below some of such issues arising on consolidation has been discussed.
Key Takeaways:
Need for Legislation
Establishment and Functions of Authority
Accounts and Finance Functions
Powers of Authority and Central Government
Overview of Regulators in Other Countries
This document provides the Articles of Association for Nestlé S.A., a company limited by shares incorporated in Switzerland in 1866. Some key details include:
- Nestlé's purpose is to participate in industrial, service, commercial and financial enterprises related to food, nutrition, health and wellness.
- The share capital is CHF 318.84 million divided into over 3 billion fully paid registered shares with a nominal value of CHF 0.10 each.
- The Board of Directors has ultimate direction of Nestlé's business and conducts all business within the powers granted by shareholders.
- Shareholders elect the Board of Directors and have powers related to adopting/amending articles, electing auditors
The document discusses various topics related to company law in India, including the meaning of winding up, the Insolvency and Bankruptcy Code, modes of winding up a company, and voluntary liquidation. It also covers topics like corporate insolvency resolution process, advisory committees, dissolution of companies under compulsory winding up, and the salient features and benefits of participation in a depository system for securities.
This document discusses participatory notes (P-notes), which are financial instruments used by foreign investors to invest in Indian securities without registering with SEBI. It provides details on how P-notes work, who uses them, their benefits and risks. It also discusses past regulatory issues around increasing transparency of P-notes and curbing volatility related to them.
The document discusses various laws and regulations governing capital markets and companies in India, including the powers and functions of the Securities and Exchange Board of India (SEBI). It outlines SEBI's powers relating to registration and regulation of intermediaries, prohibition of unfair trade practices, and investigation and enforcement actions. It also describes various penalties that SEBI can impose under the SEBI Act for non-compliance, such as penalties for failure to furnish information or redress investor grievances.
Introduction of system driven disclosures in securities market by sebiGAURAV KR SHARMA
1. SEBI is introducing a system to automate disclosures of share transactions by promoters and promoter groups of listed companies.
2. In the first phase, the system will disclose acquisitions, disposals and pledges of company shares by promoters based on transaction thresholds. It will run parallel to existing disclosure processes.
3. Depositories will provide registered shareholding data of promoters to RTAs daily. RTAs will aggregate data, generate reports for stock exchanges, and check for discrepancies with promoter disclosures. The aim is to increase transparency of promoter transactions in securities markets.
Understanding the Roles and Responsibilities of RBI and the RBI Act, 1934DVSResearchFoundatio
Key Takeaways:
Scope of RBI Act,1934
Banking functions and powers of RBI
Provisions relating to NBFCs
Regulation of derivative instruments
Monetary Policy and inflation target
Other provisions relating to functioning of banking system
FREQUENTLY ASKED QUESTIONS (FAQs) SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014BFSICM
The document provides frequently asked questions and answers regarding the SEBI (Research Analysts) Regulations, 2014. Some key points:
- The regulations specify requirements for registration, certification, disclosures, code of conduct and more for research analysts in India.
- Existing research analysts had 6 months to apply for registration and will be given 2 years to obtain required certification.
- Individual research analysts do not need separate registration, but must meet qualification requirements. The employing research entity requires registration.
- Certain communications like commentaries and periodic reports are excluded from the definition of "research report".
- Most intermediaries must register if they issue research reports, but some like asset managers are exempt. Independent analysts
Participatory notes (P-Notes) allow foreign investors to invest in Indian stock markets without directly registering with the market regulator SEBI. The Supreme Court has asked SEBI to issue guidelines to curb the flow of black money through P-Notes by better identifying their real owners. In response, the Indian stock market fell over 500 points on concerns that restrictions on P-Notes could reduce foreign investment inflows. SEBI has taken measures like increased reporting requirements and restrictions on certain types of P-Notes to balance curbing black money while not unduly impacting foreign investment.
The document discusses the need for a regulatory body for investor protection in India. It notes that India has an informationally weak capital market, and restoring investor confidence is needed following repeated scams. It then describes the establishment of the Securities and Exchange Board of India (SEBI) in 1988 as a non-statutory body, given statutory powers in 1992 via the SEBI Act. SEBI aims to protect investors, promote development of the securities market, and regulate market activities and intermediaries. Its objectives include registering and regulating stock brokers and other intermediaries, prohibiting insider trading, and regulating substantial acquisitions and takeovers.
The document provides information about the Public Provident Fund (PPF) scheme in India. It details the key features of PPF accounts including eligibility, minimum deposits, interest rates, tax benefits, withdrawal and loan options. PPF accounts can be opened by individuals and minors, offer tax benefits under section 80C, and have favorable withdrawal and maturity terms including complete tax exemption on interest and maturity proceeds. The document also provides information on procedures for opening a PPF account, consequences of defaulting on minimum deposits, and contact details for a financial services firm.
Company law- foreign venture capital investor Divyansh Sharma
This document provides an overview of foreign venture capital investments in India. It defines key terms like foreign venture capital investor (FVCI), venture capital funds (VCF), and Indian venture capital undertakings (IVCU). It explains that an FVCI must register with SEBI and RBI before making investments in India. An FVCI can invest up to 100% of its funds in a VCF and must invest at least 66.67% of its funds in unlisted equity of IVCUs. It outlines the general obligations of an FVCI and notes that income of a registered FVCI is exempt from income tax under Indian law.
The Reserve Bank of India issued several circulars on April 21, 2016:
1. It allowed foreign investment in real estate investment trusts, infrastructure investment trusts, and alternative investment funds regulated by SEBI.
2. It required banks to provide investment advisory services through subsidiaries registered with SEBI rather than directly.
3. It allowed infrastructure debt funds set up as NBFCs to raise some funds through shorter term bonds and commercial paper.
4. It issued master directions on the pricing and issuance of shares by private banks and on the amalgamation of private banks.
SEBI also issued guidelines, including laying out a framework for private placement of debt securities through an electronic book mechanism. The Delhi government amended
IDFC Nifty Fund_Scheme information documentIDFCJUBI
The document provides information on the IDFC Nifty Fund scheme. Some key details include:
1) The scheme aims to replicate the Nifty 50 index by investing in the same securities in the same proportion as the index. There is no assurance the scheme will achieve its objective.
2) The scheme offers a Regular and Direct plan with growth and dividend options. Minimum investment amounts are Rs. 5,000 initially and Rs. 1,000 for additional purchases.
3) The scheme benchmarks its performance against the Nifty 50 TRI and aims to provide investors with returns corresponding to the index, subject to tracking error.
The document provides information on the Senior Citizens Savings Scheme launched by the Government of India in 2004, which allows individuals aged 60 or older to open a fixed deposit earning interest exempt from income tax. The scheme has eligibility criteria regarding age and retirement status, allows deposits up to Rs. 15 lakh for 5 years with options to renew or prematurely close with penalties, and specifies interest rates, nomination rules, and procedures for handling accounts upon a depositor's death.
DRT and DRAT has been of immense help to the bank and the borrower.Raju Samanta
The document discusses the Debt Recovery Tribunal (DRT) Act and its purpose of helping banks recover bad loans through a legal process. It established tribunals to more efficiently recover debts owed to banks. The DRT is overseen by a presiding officer and handles cases over 20 lakh rupees. Its judgments can be appealed to the Debt Recovery Appellate Tribunal. The Act aimed to reduce banks' non-performing assets and help their financial position by expediting the debt recovery process.
Listed companies can raise further capital via preferential routes to meet li...GAURAV KR SHARMA
1) SEBI issued guidelines in 2012 and 2014 allowing exclusively listed companies (ELCs) on de-recognized stock exchanges to get listed on nationwide exchanges or opt for voluntary delisting. ELCs that did not comply would be moved to the Dissemination Board (DB).
2) SEBI clarified processes for ELCs on the DB to raise capital to facilitate listing on nationwide exchanges or provide an exit to investors. ELCs must choose one option within 3 months or face actions like promoters barred from securities market for 10 years.
3) Designated stock exchanges will oversee ELCs' compliance and recommend actions against non-compliant companies to protect investors.
The document summarizes regulations from SEBI pertaining to Venture Capital Funds and Foreign Venture Capital Investors in India. Some key points:
- It defines Venture Capital Funds and Venture Capital Undertakings and sets criteria for minimum investment sizes and investment strategies.
- It allows Foreign Venture Capital Investors to register with SEBI and sets their eligibility criteria and investment conditions.
- It also relaxes some regulations for registered Venture Capital Funds and Foreign Venture Capital Investors regarding public offerings, acquisition of shares, and investments by mutual funds in Venture Capital Funds.
Participatory Notes And The Crisis of 2007peterkapanee
The document discusses participatory notes (P-notes), which are financial instruments used by foreign investors to invest in Indian securities markets without registering directly with the Securities and Exchange Board of India (SEBI). P-notes are issued by registered Foreign Institutional Investors (FIIs) to overseas investors, with the value based on underlying Indian stocks. Dividends and capital gains from these underlying assets go to overseas investors via broking houses. While not requiring registration with SEBI, FIIs must register. P-notes provide anonymity and were widely used before SEBI proposed curbs in 2007.
Lawyer in Vietnam Dr. Oliver Massmann SECURITIES AND BANKING GUIDE UPDATE 2018Dr. Oliver Massmann
The State Bank of Vietnam (SBV) is the central bank of Vietnam and is responsible for monetary policy and supervision of financial institutions. A process of privatizing Vietnam's banking sector is underway, with the goal of reducing state ownership of the four largest state-owned commercial banks. Foreign ownership of Vietnamese credit institutions is restricted, with no single foreign investor allowed over 20% ownership and total foreign ownership capped at 30% for commercial banks and 49% for non-banking institutions. The government is drafting a new decree to increase the foreign ownership limit for commercial banks to 50%.
The document discusses the powers and functions of the Securities and Exchange Board of India (SEBI). It outlines SEBI's powers to regulate capital markets, stock exchanges, and intermediaries. It discusses SEBI's powers to investigate violations, issue directions, adjudicate on penalties, and take enforcement actions such as monetary penalties or prosecution. The document also summarizes some court cases related to the scope of SEBI's powers under sections 11A, 11B, and 15I of the SEBI Act.
For the First time consolidated guidelines in respect of Foreign Direct Investment in India has been introduced. Circular states that it is merely a consolidation of various scattered FDI listing and it also has sunset clause. However close look of the new circular shows that this is not merely a consolidation of the existing guidelines/polices. In the write up below some of such issues arising on consolidation has been discussed.
Key Takeaways:
Need for Legislation
Establishment and Functions of Authority
Accounts and Finance Functions
Powers of Authority and Central Government
Overview of Regulators in Other Countries
This document provides the Articles of Association for Nestlé S.A., a company limited by shares incorporated in Switzerland in 1866. Some key details include:
- Nestlé's purpose is to participate in industrial, service, commercial and financial enterprises related to food, nutrition, health and wellness.
- The share capital is CHF 318.84 million divided into over 3 billion fully paid registered shares with a nominal value of CHF 0.10 each.
- The Board of Directors has ultimate direction of Nestlé's business and conducts all business within the powers granted by shareholders.
- Shareholders elect the Board of Directors and have powers related to adopting/amending articles, electing auditors
The document discusses various topics related to company law in India, including the meaning of winding up, the Insolvency and Bankruptcy Code, modes of winding up a company, and voluntary liquidation. It also covers topics like corporate insolvency resolution process, advisory committees, dissolution of companies under compulsory winding up, and the salient features and benefits of participation in a depository system for securities.
This document outlines the bylaws/articles of incorporation for CIA. HERING, a Brazilian public company. Some key details include:
- The company's headquarters is located in Blumenau, Santa Catarina, Brazil. Its corporate objective is manufacturing and marketing textiles and clothing.
- The subscribed capital is R$226,292,692.97 represented by 54,240,693 ordinary shares without nominal value. Up to 350,000,000 additional shares may be issued.
- Administration consists of a Board of Directors with 5-7 members elected for 2-year terms, and a Board of up to 9 directors appointed by the Board of Directors.
- The Board of Directors is
The document provides guidelines for conducting Islamic banking in Bangladesh. It discusses the growth of Islamic banking in the country and the need for uniform guidelines according to Islamic principles. It then defines key terms used in Islamic banking operations and lays out criteria for obtaining a license to open either a full-fledged Islamic bank or Islamic banking branches of conventional banks. Requirements include minimum capital, ownership limits, experience requirements for leadership, and a commitment to operating according to Islamic principles and in compliance with regulatory guidelines.
The document provides guidelines for conducting Islamic banking in Bangladesh. It discusses the growth of Islamic banking in the country and the need for uniform guidelines according to Islamic principles. It then defines key terms used in Islamic banking operations and lays out criteria for obtaining a license to open either a full-fledged Islamic bank or Islamic banking branches of conventional banks. Requirements include minimum capital, ownership limits, experience requirements for leadership, and a commitment to operating according to Islamic principles and in compliance with regulatory guidelines.
The document provides guidelines for conducting Islamic banking in Bangladesh. It discusses criteria for setting up full-fledged Islamic banks, terms for conventional banks to open Islamic branches, and the process for converting a conventional bank to an Islamic bank. Key points include minimum capital requirements, separate accounting and financial statements for Islamic branches, liquidating interest-based transactions prior to conversion, and disposing of impermissible earnings through charity.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
This document discusses updates on cooperative banks in the Philippines. It outlines the key laws governing cooperative banks, issues they currently face, and proposed measures to address these issues. Specifically, it notes issues around board qualifications, election processes, and reserve allocation requirements. It also describes a bill that proposes supplemental capital, expanded banking services, financial crisis assistance, and consolidation incentives for cooperative banks. The bill establishes penalties for illegal acts like false reporting or loan fraud by bank officers, borrowers, or government examiners.
SEBI (LISTING OBLIGATIONS & DISCLOSURE REQUIREMENTS) REGULATIONS, 2015 – HIGH...FCS BHAVIK GALA
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OBJECTIVE
Winding up is the final stage in the business cycle of a Company. It is the process of closing down the legal existence of a Company. It can be done either by the Company on its own (voluntary winding up) or by an order passed by the Tribunal (compulsory winding up). Provisions under Companies Act, 2013 with respect to voluntary winding up are omitted and shifted to Insolvency and Bankruptcy Code, 2016 (“the Code”). The webinar covers the aspects of provisions involved in voluntary winding up as enshrined under the Code read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017.
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1. ١
BANQUE DU LIBAN
Intermediate Circular No 331
addressed to Banks and Financial Institutions
Attached is a copy of Intermediate Decision No 11512 of August 22, 2013 amending Basic
Decision No 6116 of March 7, 1996 (Facilities that may be granted by Banque du Liban to
Banks and Financial Institutions) attached to Basic Circular No 23.
Beirut, August 22, 2013
The Governor of Banque du Liban
Riad Toufic Salamé
2. ٢
Intermediate Decision No 11512
Amending Basic Decision No 6116 of March 7, 1996
Facilities that may be granted by Banque du Liban to Banks and Financial Institutions
The Governor of Banque du Liban,
Pursuant to the Code of Money and Credit, namely the provisions of Articles 70, 153, 174,
and 177 thereof;
Pursuant to Basic Decision No 6116 of March 7, 1996 and its amendments, relating to
Facilities that may be granted by Banque du Liban to Banks and Financial Institutions;
Pursuant to Basic Decision No 6938 of March 25, 1998 and its amendments, relating to the
Capital of Banks, and
Pursuant to the Decision of the Central Council of Banque du Liban, taken in its meeting of
August 21, 2013,
Decides the following:
Article 1: “Article 8 bis” shall be added to Basic Decision No 6116 of March 7, 1996, and
shall read as follows:
-“For the purposes of the implementation of this Article, the Company or
Companies shall mean:
1- The Startup companies.
2- The Incubators and Accelerators whose objects are restricted to
supporting the development, success and growth of Startup companies
in Lebanon by offering such companies administrative support,
networking, mentoring, training, and know-how, in addition to a range
of support resources and services (offices, logistics…) and/or by
participating in such companies.
3- Companies whose objects are restricted to investing venture capital in
Startup companies in Lebanon where they foresee in them and through
them a possibility of growth and profit-making, especially upon the
transfer of their participation in such companies.
- Banks may benefit from interest-free facilities granted for a maximum period
of seven years for their participation, at their full responsibility, in the capital
of Companies, according to the following:
I: Participation in Companies
1- Facilities shall be granted to a bank for its participation in a Company, upon BDL
Central Council approval, provided that:
a- The Company is a Lebanese joint-stock company with nominal shares.
3. ٣
b- The Company is not a financial company or an offshore company.
c- The Company’s shareholders are not governed, whether directly or indirectly,
by the provisions of Article 158 of the Code of Commerce and by Article 152,
Par. (4) of the Code of Money and Credit. The concerned bank shall ensure at
its own responsibility compliance with this provision.
d- The concerned bank undertakes to transfer its shares in the capital of the
Company, within a period not exceeding seven years. Notwithstanding this
commitment and in justifiable cases, the BDL Central Council may approve
the request submitted by the concerned bank to exceed this time limit.
2- The approval of the BDL Central Council on the facilities granted under this Article is
contingent on the impact of the Company’s project on economic and social growth,
and job creation in the Lebanese market thereby enriching the Lebanese national
wealth. This approval is also contingent on the project’s reliance on knowledge
economy and support of creative intellectual skills (Intellectual Capital).
3- The BDL Central Council may in exceptional cases and within the conditions it
specifies on a case by case basis:
-Approve the participation of several banks in the capital of a single Company.
-Approve the facilities granted under this Article to the banks for their
participation in collective investment schemes established in Lebanon whose
objects are limited to financing and investing in Companies.
4- The participation of banks governed by the provisions of this Article may not exceed,
at any time, 80% of the capital of a single Company.
This percentage may be exceeded if the founders of the project for which the
Company was established are granted stock options entitling them to subscribe to
shares held by the concerned banks and exceeding the above-mentioned 80%.
5- Total participations of any bank in Companies may not exceed 3% of the bank’s
capital, provided the participation of any bank in a single Company does not exceed
10% of the aforementioned 3%. However, the BDL Central Council may, on justified
grounds, grant its approval to exceed any of these percentages.
For the purposes of this Article, funds allocated to participations in Companies are
considered as being part of the capital.
6- The concerned banks must play an active role in the development of the Company’s
business and in the support of its continuous growth and good governance.
II: Facilities granted by Banque du Liban
1- The concerned banks shall invest the facilities granted by Banque du Liban pursuant to
the provisions of this Article in Treasury bills subscribed to in the primary market.
4. ٤
In case no Treasury bills are issued, these facilities may be invested in accounts or
operations or securities approved by the BDL Central Council. These investments
represent the sufficient guarantees required against the granted facilities, provided the
guarantees and their percentage are accepted by the Central Council.
2- The margin realized by the benefiting bank as a result of the investment of the granted
facilities, shall be calculated in a way that guarantees to the concerned bank a coverage
amounting to 75% of its participation in the Company.
The amount of granted facilities shall be determined in a way that the net yield on the
facilities invested by the benefiting bank shall be equivalent to 75% of the value of its
participation in the Company.
However, the BDL Central Council may authorize the concerned bank to exceed this
percentage in case of insufficient capital and based on the importance of the Company’s
project.
3- The amount of the facilities granted to finance the participation of a bank in the Company
pursuant to the provisions of this Article shall be automatically reimbursed at their
maturity date, upon the discount of bonds invested therein, or upon the transfer of the
shares held by the said bank in the Company’s capital.
4- All the conditions of the facilities, particularly their duration, shall be set in the contracts
to be signed with the concerned banks.
5- The abovementioned facilities may be increased whenever the bank intends to subscribe
to new shares in the same Company, without prejudice to the provisions of this Article,
particularly the provisions of Sub-paragraphs 4 and 5 of Paragraph “I”.
III: Transfer of the Company’s shares and rights of Banque du Liban
1- Prior to the transfer of any share in the Company, the concerned bank must notify
Banque du Liban thereof and provide it with a report prepared by the Company’s
external auditor that shows the value of the shares to be transferred. Banque du Liban
may appoint one expert or more, at the expense of the concerned bank, to assess the
shareholders’ rights in the Company.
In case the concerned bank objects to this assessment, the dispute shall be settled by
ordinary arbitration, in accordance with the rules specified in Article 155 of the Code
of Money and Credit.
2- The concerned bank must pay to Banque du Liban 50% of the profits that may be
realized through the sale of the Company’s shares and through the distribution of any
dividends by the Company.
5. ٥
3- The amounts and revenues resulting from the sale of shares, excluding the percentage
of profits due to Banque du Liban, shall be used either by reinvesting them within a
maximum six-month period in shares of new Companies, in accordance with the
provisions of this Article and throughout its implementation period, or by increasing
the capital of the concerned bank.
IV: Conditions for BDL approval and required documents:
1- The concerned banks wishing to obtain the Central Council’s approval to benefit from the
provisions of this Article, must submit a request to the Governor's office in three copies,
one of which being the original, along with the following documents:
a- A document evidencing the identities of the Company’s shareholders or founders, the
persons intending to participate in the capital subscription and the persons holding or
expected to hold senior managerial positions (an individual extract from the Civil
Status Register, an identity card, a passport, or a copy of the registration file at the
Trade Register if any of the founders or shareholders is a legal entity).
b- Statements signed by each of the above-mentioned persons, including their
curriculum vitae (degrees, experience and other material information), an accurate
assessment of their net worth and all types of companies, in which any of them
participate, whether directly or indirectly, or manage, along with the company type
and relationship therewith (Chairman of the Board of Directors - member of the
Board of Directors - Director - shareholder - partner - general partner - etc. ...).
c- A criminal record for each of the above-mentioned persons not more than three
months old.
d- A statement specifying the percentage of participation of each shareholder or person
intending to participate in the Company’s capital.
e- The Company’s bylaws or draft bylaws, and the administrative structure adopted or to
be adopted.
f- An economic feasibility study regarding the Company and its prospective operations
that fall within its scope of work, provided it covers the coming three-year period and
includes the balance sheet, income statement, cash flow projections, and the
employment opportunities created in the Lebanese market.
g- The financial statements of the last three years, as applicable, for previously
established Companies.
h- The number of employees or persons expected to work in the Company.
i- The procedures followed or to be followed by the Company to comply with
Corporate Governance principles.
j- Any other documents deemed necessary by Banque du Liban.
2- The benefiting bank must submit to Banque du Liban, on an annual basis, the Company’s
following documents:
- Financial statements
6. ٦
- List of shareholders
- List of the members of the Board of Directors, general managers and external
auditors.
- The external auditors’ report on the Company’s business.
3- Banque du Liban may, at any time, object to the appointment of a specific person as the
Company’s external auditor.
V: Follow-up and sanctions
1- The external auditor of the concerned banks shall verify the sound implementation of the
provisions of this Article and shall promptly notify the BDL Governor and the Chairman
of the Banking Control Commission of any detected violation or discrepancy.
2- The Banking Control Commission shall control the sound implementation of the
provisions of this Article and shall immediately notify the BDL Governor of any
violation thereof.
3- Any bank that violates the provisions of this Article shall:
a- Immediately reimburse the amount of facilities granted by Banque du Liban for any
participation infringing the provisions of this Article.
b- Pay an interest amounting to 15% of the value of these facilities, accrued from their
granting date until their effective settlement or until the detection of the violation, as
decided by Banque du Liban.
Article 2:
Table IN13 attached to Basic Decision No 6116 of March 7, 1996, shall be repealed and replaced
with the new attached text.
Article 3:
This Decision shall enter into force upon its issuance.
Article 4:
This Decision shall be published in the Official Gazette.
Beirut,
The Governor of Banque du Liban
Riad Toufic Salamé
7. ٧
Financing Unit–BDL
Statement of Decision No 6116 of March 7, 1996 - Basic Circular No 23
Form IN13
Serial
Number
Code of
Loan
Category
Loan Category Code of
Loan
Type
Interest Rate Total Loans
granted by all
Banks
Ceiling of
Facilities granted
by BDL
١ PRDB Loans granted to productive sectors and
benefiting from an interest rate subsidy,
excluding loans granted with a guarantee from
Kafalat S.A.L.
LBP 333 billion LBP 50 billion
- of which those granted in Lebanese pound a3 Yield of 2-year Lebanese TBs
+ 1.075%
- of which those granted in foreign currency a3 Three-month Libor rate +
٧.٠٧٥%
٢ RDEV Loans granted in Lebanese pound for research
and development purposes in productive sectors
rd ٠.٧٥% LBP 6.6 billion LBP 10 billion
٣ ENVE Loans granted in Lebanese pound to finance eco-
friendly energy projects, which do not exceed 30
million Lebanese pounds each and do not benefit
from an interest rate subsidy
ev2 ٣.٧٥% - (50% of the yield of
1-year Lebanese TBs)
LBP 150 billion LBP 225 billion
٤ ENVB Loans granted in Lebanese pound to finance eco-
friendly projects, which exceed the amount of 30
million Lebanese pounds each and benefit from
an interest rate subsidy
a35 Yield on 2-year Lebanese TBs
+ ٠.١٥ %
LBP 50 billion LBP 15 billion
٥ INFE Loans granted to finance eco-friendly energy
projects and financed by the EIB (European
Investment Bank) and AFD
LBP 160 billion LBP 240 billion
- of which those that do not benefit from an
interest rate subsidy
a12 Margin of EIB and AFD +
0.5% BDL commission +
3.75%bank margin less (150%
of interest on 1-year TBs)
8. ٨
- of which those that benefit from an interest rate
subsidy
a35 The following rate shall be
applied during the subsidy
period:
Margin of EIB and AFD +
0.5% BDL commission +
٣.42% bank margin less (70%
of interest on 1-year TBs)
The following rate shall be
applied after the subsidy
period:
Margin of EIB and AFD +
0.5% BDL commission +
٣.42% bank margin less
1- (70% of interest on 1-
year TBs) for the portion
of the balance that equals
5/8 of the loan, and for
eight years at most.
2- (150% of interest on 1-
year TBs) for the portion
of the balance that equals
3/8 of the loan, and for
five years at most.
6 WBEV Loans granted to finance eco-friendly projects for
pollution reduction and financed by the World
Bank
a11, a12,
a35
Margin of World Bank + 0.5%
BDL commission + ٣.٥%
bank margin less (100% of
interest on 1-year TBs)
LBP 23 billion LBP 23 billion
7 IN09 Non-housing loans granted in Lebanese pound in
accordance with the stipulations of Par. I of
Article 10 bis of Basic Decision No 7835 of June
2, 2001
n09, n19 40% of yield on 1-year
Lebanese TBs + ٣.٣%
LBP 583.3 billion LBP 350 billion
8 KAFB Loans granted to productive sectors in Lebanese
pound with a guarantee from Kafalat S.A.L. and
benefiting from an interest rate subsidy
q2 40% of yield on 1-year
Lebanese TBs + ٣.٣%
LBP 83.3 billion LBP 50 billion
9. ٩
9 HIN9 Housing loans granted in Lebanese pound in
accordance with the stipulations of Par. I of
Article 10 bis of Basic Decision No 7835 of June
2, 2001
n29 40% of yield on 1-year
Lebanese TBs + ٣.٣%
LBP 667 billion LBP 400 billion
10 HEPH Housing loans granted in Lebanese pound under
the Protocol signed with the Public Housing
Institution
p 20% of yield on 2-year
Lebanese TBs + ٣.9%
LBP 600 billion LBP 480 billion
11 HMLT Housing loans granted in Lebanese pound under
the Protocol signed between banks and the
Housing System for Military Volunteers
m1 ٢.١٢٨% LBP 62 billion LBP 62 billion
12 HJUR Housing loans granted in Lebanese pound under
the Cooperation Protocol signed between banks
and the Cooperative Fund of Judges
jr ٢.١٢٨% LBP 22 billion LBP 22 billion
13 HDPL Housing loans granted to displaced under the
Cooperation Protocol signed between banks and
the Ministry of Displaced
dp ٢.١٢٨% LBP 30 billion LBP 30 billion
14 HFSI Housing loans granted in Lebanese pound under
the Cooperation Protocol signed between banks
and the General Directorate of Internal Security
Forces
fs ٢.١٢٨% LBP 50 billion LBP 50 billion
15 HDSG Housing loans granted in Lebanese pound under
the Cooperation Protocol signed between banks
and the General Directorate of General Security
sg ٢.١٢٨% LBP 30 billion LBP 30 billion
16 EDUS Loans granted in Lebanese pound for the purpose
of continuing studies in higher education
institutions
u ٣.٥% LBP 30 billion LBP 30 billion
17 EVES Loans granted in Lebanese pound to finance eco-
friendly energy projects and which do not exceed
30 million Lebanese pounds each and do not
benefit from an interest rate subsidy
ev2 ٠.٧٥% LBP 10 billion LBP 15 billion
18 EVER Loans granted in Lebanese pound to finance the
purchase of solar energy systems in rural areas at
cost price, with UNDP cooperation, and which do
not exceed 30 million Lebanese pounds each and
do not benefit from an interest rate subsidy
ev2 ٠.٧٥% LBP 10 billion LBP 15 billion
19 ENTP Loans granted in Lebanese pound to
entrepreneurs in order to develop new projects in
cin ٠.٧٥% LBP 7 billion LBP 10.5 billion
10. ١٠
the field of knowledge and innovation
20 HABT Housing loans granted in Lebanese pounds by the
Housing Bank
a7 LBP 80 billion LBP 80 billion
21 MICR “Micro-loans” granted in Lebanese pound with
the consent of “micro-lending institutions” and
“micro-loans” financed through facilities granted
in Lebanese pound to these institutions or to
financial institutions.
h1, h21,
h22
LBP 22.5 billion LBP 22.5 billion