Thursday, February 12, 2015

[aaykarbhavan] source Business standard



 

Brief  analysis


Deposit  Insurance  -  Problem  faced  by  companies   to  find an  appropriate  deposit  insurance  product in  the market


SME  Listing     
Under the new BSE guidelines, companies will be required to have a minimum net worth of ₹ 3 crore, compared to an earlier one of ₹ 1 crore


  Reporting  RBI  -    FDI Scheme on the e-Biz platformIt has been decided that the ARF and FCGPR services of RBI will be operational on the e-Biz platform from February 19, 2015.

 

 

Companies struggle to get deposit insurance


Currently only banks are offered this cover by DIGCC; insurers find it a risky proposition

MSARASWATHY & DEEPAK PATEL Mumbai/ New Delhi, February 12

Even though the Companies Act 2013 mandates companies to have deposit insurance for deposit schemes, they are still struggling to find an appropriate product in the market.

Insurance companies consider this a risky proposition, due to which no such product is being sold in the market.

Presently, deposit insurance is only offered to banks through the Deposit Insurance and Credit Guarantee Corporation ( DICGC), a wholly owned subsidiary of Reserve Bank of India (RBI).

The companies through industry chambers and bodies have approached the corporate affairs ministry to initiate aprocess wherein an insurance cover can be offered to them also.

Senior officials of the ministry of corporate affairs ( MCA) said that they had written to both RBI and insurance regulatory and development authority of India ( IRDAI) to seek a solution to this issue, after industry bodies sought insurance covers for the non- bank companies too.

The insurance regulator was also asked, said MCA officials, if they could request insurance companies to launch such policies for these corporates.

All commercial banks including branches of foreign banks functioning in India, local area banks and regional rural banks are insured by DICGC.

DICGC insures all deposits such as savings, fixed, current, recurring deposits except deposits of foreign governments, deposits of central/ state governments, inter- bank deposits, deposits of the state land development banks with the State co- operative bank among others.

Each depositor in a bank is insured up to a maximum of ₹ 1 lakh for both principal and interest amount held by him in the same right and same capacity as on the date of liquidation/ cancellation of bank's licence or the date on which the scheme of amalgamation/ merger/ reconstruction comes into force.

Deposit insurance premium is borne entirely by the insured bank. If a bank goes into liquidation, the DICGC is liable to pay to each depositor the amount of his deposit up to ₹ 1 lakh within two months from the date of receipt of claim list from the liquidator.

Meanwhile, IRDAI officials have said that deposit insurance will be offered by insurance companies only if it is commercially viable for them. Insurance companies will not be mandated to offer a cover.

The General Insurance Council, the umbrella body of the non- life insurance companies, is working on mechanisms to resolve this situation. They would look into whether such a product would be viable and what would be its pricing among other issues.

Insurance company executives said that there is an issue of financial failure, due to which they are not very comfortable with launching such a product.

A senior general insurance company official added that there were high risks associated with the product and if they were mandated to launch products, large claims would affect their books.

Moreover, it is difficult to gather an estimate of the amount raised through deposit schemes as the companies which are involved in it are from diverse areas and completely spread out, said V. Balaji, Partner, Deloitte Haskins & Sells.

The corporate affairs ministry had said last year that in view of the suggestions received from the stakeholders to give transitional period for complying with the deposit insurance requirements, the amendment in the relevant rule has been made, allowing companies to accept deposits without deposit insurance for one year, till March 31, 2015. Experts are of the opinion that MCA will have to extend this deadline for one more year as there are no products available.

However, even as the deadline is just afew weeks away, there is no clarity on who would be the appropriate body to provide the cover. Insurance companies are not too keen to provide a cover on an immediate basis.

The companies through industry chambers and bodies have approached the corporate affairs ministry to initiate a process wherein an insurance cover can be offered to them also

 

BSE tightens criteria for SME listing


ASHLEY COUTINHO & SNEHA PADIYATH

Mumbai, 12 February

The BSE exchange has tightened the eligibility criteria for listing of small and medium enterprises (SMEs), to enhance the quality of new issuers. BSE and the National Stock Exchange (NSE), the two major bourses, have separate trading platforms for listing of SMEs.

Under the new BSE guidelines, companies will be required to have a minimum net worth of ₹ 3 crore, compared to an earlier one of ₹ 1 crore. The post issue paid- up capital, as well as the net tangible assets of the company, should amount to ₹ 3 crore. The new norms take effect from April; they will not apply to the existing listed companies.

"The eligibility criteria has been revised by the exchange as a routine process to make the platform more vibrant and entrepreneurfriendly, so that wealth can be created for all stakeholders in the long run and give visibility to the companies," said a BSE spokesperson, in response to an email query.

"The net worth and paid- up capital threshold was kept low to popularise the segment. Now that a critical mass has been achieved, the exchange is looking to strengthen the qualitative aspects of SME listing. A higher limit will deter non- serious players from accessing the market and bring in better promoters," said Alok Churiwala, vice- chairman, BSE Brokers Forum.

He said the concerns raised recently by the market regulator, Securities and Exchange Board of India, on listed companies evading taxes and laundering unaccounted money, might have also prompted the revision.

Companies unable to generate profits in two of the three financial years prior to the listing are required to ensure a net worth of ₹ 5 crore, up from ₹ 3 crore earlier.

The listing norms for Emerge, the SME trading platform of NSE, havent been changed.

"Regarding our norms, we framed them keeping in mind the exchange- level best practices. We are always open to guidance from the regulator and feedback from the market ( but) as of now, we are not considering modifications," said an NSE spokesperson via an email response.

Emerge prescribes that a company also have arecord of three years and positive cash accrual from operations for at least two financial years prior to making a listing application.

At present, 83 companies are listed on the BSE SME platform. NSE Emerge has six companies listed.

Merchant bankers said the tightening of the norms could lead to fewer listings but betterquality names on the platform. " It is a matter of BSE realising that there should be some decent entry barriers for listing on this platform. There should be a certain reasonable size and quality of companies coming in for the listing," said Dara J Kalyaniwala, vice- president, investment banking, Prabhudas Lilladher.

Move aimed at attracting better quality firms

 

 

RBI//2014-15/468
A.P (DIR Series) Circular No.77

February 12, 2015

To

All Category – I Authorised Dealer Banks

Madam/Sir

Foreign Direct Investment –
Reporting under FDI Scheme on the e-Biz platform

Attention of Authorised Dealers Category-I (AD Category - I) banks is invited to the provisions of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations 2000, notified by the Reserve Bank vide Notification No. FEMA 20/2000-RB, dated 3rd May 2000, as amended from time to time. Attention of AD Category – I banks is also invited to A.P. (DIR Series) Circular No.102 dated February 11, 2014 and A.P. (DIR Series) Circular No.6 dated July 18, 2014.

2. With a view to promoting the ease of reporting of transactions under foreign direct investment, the Reserve Bank of India, under the aegis of the e-Biz project of the Government of India has enabled the filing of the following returns with the Reserve Bank of India viz.

  • Advance Remittance Form (ARF) - used by the companies to report the foreign direct investment (FDI) inflow to RBI; and
  • FCGPR Form - which a company submits to RBI for reporting the issue of eligible instruments to the overseas investor against the above mentioned FDI inflow.

3. The design of the reporting platform enables the customer to login into the e-Biz portal, download the reporting forms (ARF and FCGPR), complete and then upload the same onto the portal using their digitally signed certificates. The Authorised Dealer Banks (ADs) will be required to download the completed forms, verify the contents from the available documents, if necessary by calling for additional information from the customer and then upload the same for RBI to process and allot the Unique Identification Number (UIN). It has been decided that the ARF and FCGPR services of RBI will be operational on the e-Biz platform from February 19, 2015. The user manual for the two services is Annexedto this Circular.

4. It may be noted that for the present, the online reporting on the e-Biz platform is an additional facility to the Indian companies to undertake their ARF and FCGPR reporting and the manual system of reporting as prescribed in terms of A.P. (DIR Series) Circular No. 102 dated February 11, 2014 would continue till further notice.

5. The ADs will be required to access the e-Biz portal (which is hosted on the National Informatics Centre (NIC) servers) using a Virtual Private Network (VPN) Account obtained from NIC. The financial aspects for obtaining/using the VPN accounts is being finalised in consultation with Government of India, DIPP and NIC. The same will be informed in due course.

6. AD Category-I banks may bring the contents of this circular to the notice of their customers / constituents concerned. They are advised to extend due cooperation/assistance to their constituents for uploading the abovementioned forms on the e-Biz platform.

7. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,

(C D Srinivasan)
Chief General Manager

 


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A.Rengarajan
Practising  Company  Secretary
Chennai


Mobile 93810  11200

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Posted by: CS A Rengarajan <csarengarajan@gmail.com>


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