Author: factumlegal

INTRODUCTION Settlement Proceedings in relation to violation of provisions in securities laws have been conducted under a mechanism by the Securities Exchange Board of India (“SEBI”) since 2007. The last legislation on settlement proceedings was stipulated by SEBI in 2014. The said regulations apart from giving SEBI other powers of initiating proceedings on its own,… Continue reading ANALYSIS – SEBI (SETTLEMENT PROCEEDINGS) REGULATIONS, 2018

Reserve Bank of India has vide its Circular DPSS.CO.PD.No.1810/02.14.008/2019-20March 17, 2020 issued the above guidelines to all the  Payment System Providers and System Participants in India. These guidelines have been issued for regulating the entire activities of the Payment Aggregators as well as to provide baseline technology-related recommendations to Payment Gateways. Key Terms Payment Aggregators (PAs): are defined as those… Continue reading Guidelines on Regulation of Payment Aggregators and Payment Gateways

Historical Background of Law relating to Foreign Exchange v  Foreign Exchange Regulation Act, 1947 and Foreign Exchange Regulation Act, 1973 Scarcity of Foreign Exchange in India led to its control since the beginning of World War II.  Exchange control was introduced in India under the Defence of India Rules on September 3, 1939 on a… Continue reading EVOLUTION OF FOREIGN EXCHANGE REGULATIONS IN INDIA

1.   An Introduction The Market Regulator, Securities and Exchange Board of India (SEBI) issued amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulation, 2015 vide its circular dated 09th and 10th May 2018 taking into consideration the recommendations issued by Kotak Committee under the chairmanship of Mr. Uday Kotak in the field of Good… Continue reading Upcoming Mandatory Compliance by Listed Companies towards “Good Corporate Governance”

FEMA guidelines for FDI in e-commerce entities ‘E-commerce’ means buying and selling of goods and services including digital products over digital & electronic network. ‘E-commerce entities’ are the following entities conducting the e-commerce business:    a company incorporated under the Companies Act, 1956 or the Companies Act, 2013.   a foreign company covered under section… Continue reading FEMA guidelines for FDI in e-commerce entities

Core Investment Company Core Investment Companies, (CIC) are those non-banking financial companies which have their assets primarily as investments in shares of group companies but not for trading, and also do not carry on any other financial activity. The RBI directions applicable to the Core Investment Companies are contained in the Master Direction – Core… Continue reading Untitled

Implementation of System for Monitoring of Foreign Investment in Listed Company The Foreign Investment in India is regulated in terms of clause (b) of sub-section 3 of section 6 and section 47 of the Foreign Exchange Management Act, 1999 (FEMA) read with Foreign Exchange Management (Transfer or Issue of a Security by a Person resident… Continue reading Untitled

Import of Goods and Services under FEMA Foreign Exchange Management Act, 1999 (FEMA) came into force with effect from June 1, 2000, Preamble of the FEMA reads as under: An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and… Continue reading Untitled

Current and Capital Account Transactions under FEMA The Foreign Exchange Management Act, 1999 (FEMA) came into force with effect from June 1, 2000, and as per the Preamble of FEMA, the Act was made  with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market… Continue reading Untitled