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Compounding 'Compounding' is a voluntary process. The contravener may apply for the compounding of an offence by way of submitting an application in the format prescribed in the said Circular. Issue of letter to the entity calling for explanation citing the offence.
Personal hearing to the entity to be given, if requested in writing, before taking any penal action. The summarised operating guidelines as given in the said Circular are mentioned herein below: Prudential Regulation The prudential regulatory framework for payments banks PBs will largely be drawn from the Basel standards.
Large exposures limits Large exposure limits shall not be more than five per cent of the total outside liabilities of the PB. These borrowings would, however, be subject to the limit on call money. Investment classification and valuation norms PBs shall maintain a minimum investment to the extent of not less than 75 per cent of demand deposit balances and maintain balances in demand and time deposits with other scheduled commercial banks, which shall not be more than 25 per cent of its demand deposit balances "DDB".
PBs will not be allowed to classify any investment, other than those made out of their own funds, as Held-to-maturity category and will not be allowed to participate in 'when issued' and 'short sale' transactions. PBs will be permitted to invest in bank certificate of deposits within the limit applicable to bank deposits.
Restrictions on loans and advances PBs will not be permitted to lend to any person including their directors but they can lend to their employees out of banks own funds. Product approval PBs should submit application with a list of financial products they intend to offer with a clear description. Risk management Credit risk is not applicable and the provisions regarding market risk, Internal controls, audit and compliance and strategic and reputational risk management shall be as applicable to scheduled commercial banks.
Ownership and control regulations The existing provisions in this regard as applicable to private sector banks, as covered in the Master Directions on Issue and Pricing of shares by Private Sector Banks DBR. Corporate governance The existing provisions as applicable to banking companies shall be applicable to PBs as well and constitution and functioning of committees of the board, management level committees, remuneration policies as applicable to private sector banks.
Banking Operations The annual plans for opening of physical access points by the PBs for the initial five years would need prior approval of RBI. It may liberalize the requirement of prior approval. An employee of the PB should be available for sufficient duration, at a fixed location known to the customers at the district level, to attend to customer grievances and support the agent supervision Regulation of Business Correspondents "BCs" PBs can engage all permitted entities including the companies owned by their business partners and own group companies on an arm's length basis as BCs.
Inter-operability of the BCs will be allowed except for opening of savings and current accounts. BCs cannot undertake any offline transactions and will be exempted from the requirement of having a base branch for a certain number. Bank charges, lockers, nominations, facilities to disabled persons, etc. Bank charges, lockers, nominations, facilities to disabled persons, as applicable on scheduled commercial banks.
Bank deposits PBs can accept only savings and current deposits. The aggregate limit per customer shall not exceed INR , as provided in the Licensing Guidelines. A PB may provide account statements on paper but cannot issue passbook. PBs should ensure that every customer, including customers of mobile companies on-boarded comply with the KYC regulations, which could include simplified account opening procedures.
Foreign exchange business PBs are required to comply with all the conditions attached with the AD Cat II licence issued to them and also implement the provisions of Foreign Contribution Regulation Act, as applicable to commercial banks. Currency distribution PBs may, at their option, exchange mutilated and defective notes at their branches, subject to compliance with RBI norms. All customer grievance issues related to a particular access point should be addressed both at the access point and at the district level location and PBs will be covered by the Banking Ombudsman.
Mechanism of grievance redressal should be clearly communicated to RBI along with the application for licence. Outsourcing of operations, internet banking and mobile banking The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
Further, loading of PPI balances through other bank credit cards will be permitted. A cheque is a widely used method of payment and post-dated cheques are frequently used in various transactions in business life. In its circular dated 10 March Principal Circular , SEBI vide has laid down the framework for schemes of arrangement by listed entities. The Board of Directors should pass a resolution for borrowing and to mortgage the property. A Bank Guarantee "BG" is a common mode of securing payment of money in commercial dealing as the beneficiary, under the guarantee, is entitled to realize the whole of the amount Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.
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Why Register with Mondaq Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms. India is a signatory to the Vienna Convention on the Law of Treaties and, therefore, tax treaties have a special status as compared to domestic tax legislation and would prevail unless there is an express specific domestic provision to override the treaty. In the present case, it does not appear to be the intention of the legislature that Section U should override Section 90 2.
Due to its very recent enactment, obviously, there is no precedent or case law and, therefore, it is not improbable that the Indian tax authorities may contend that the investor is not entitled to the DTAA benefit in view of Section U and is liable to pay tax on business profits in India. Tax planning structures could be worked out to protect against such an eventuality, however remote it may be.
Exit strategy Exit strategy is the method by which a venture capitalist or business owner intends to get out of an investment that he or she has made in the past. In other words, the exit strategy is a way of "cashing out" an investment. Examples include an initial public offering IPO or being bought out by a larger player in the industry. Thus, there are no entry or exit pricing restrictions applicable to an FVCI. Conclusion The venture capital fund is a high risk and reward activity. The investments are made by high net worth individuals and institutions to reap high returns.
The investor in venture capital funds does not involve himself in day-to-day management of the fund and the activities of the funds are managed by professionals. The investors therefore like to keep their liability limited to the contribution committed by them to the fund and are not willing to take on any other liability. The venture capital funds are set up for a limited life and on maturity the returns are distributed amongst the investors. The structure of venture capital funds should therefore protect the interest of investors and the liquidation process should be simple.
The investment in listed equity shall be through IPO or preferential offer and not through the secondary market route. The investible funds would be net of expenditure incurred for administration and management of the funds. The general rule is that the treaty prevails over the Income-tax laws, but if the law is more beneficial than the provisions provided in the treaty, the law will prevail over the treaty. For Further Details Contact: editor legalserviceindia.
Legal Service India.
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