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May 17, 2017
CORPORATE
MCA
MCA withdraws Circular w.r.t. transfer of
Shares to IEPF
MCA has issued a Circular, wherein it has
withdrawn the previously issued Circular
dated April 27, 2017 w.r.t
transfer of shares to IEPF Authority. The
subject matter of the previous circular is
being reviewed by the Ministry and hence
the said circular stands withdrawn with
immediate effect. Fresh instructions will be
issued in due course of time. As per the
earlier issued circular, all companies
required to transfer shares to IEPF Authority
under the applicable Rules
shall transfer such shares, whether held in
dematerialised form or physical form, to the
demat account of IEPF Authority by way
of corporate action.
http://www.mca.gov.in/Ministry/pdf/Circ
ular_16052017.pdf
Clarification regarding applicability of
Section 16(1)(a) of the Companies Act, 2013
with reference to cases under
corresponding provisions of Companies Act,
1956
Ministry of Corporate Affairs (MCA) vide
Circular No. 04/2017 dated 16th May, 2017
has clarified the provisions with regard to
Section 16(1)(a) of the Companies Act, 2013
which provides for the rectification of name.
It has now been clarified that applications
that were rejected by Regional Directors
under Section 22(1)(ii)(b) of the Companies
Act, 1956, on the ground that such
applications were made after the requisite
period of twelve months specified therein,
cannot apply afresh under Section 16(1)(a)
of the Companies Act, 2013, as the
extinguished limitation cannot be
considered to be revived even if no
limitation period has been prescribed/laid
down in the said section.
http://www.mca.gov.in/Ministry/pdf/Circ
ular04_2017_17052017.pdf
SEBI
Digital Mode of Payment
Securities Exchange Board of India (SEBI)
vide Circular No.
SEBI/HO/GSD/T&A/CIR/P/2017/42 dated
16th May, 2017 in continuation to SEBI
(Payment of Fees and Mode of
Payment)(Amendment) Regulations, 2017 to
enable digital mode of payment
(RTGS/NEFT/IMPS etc.) of
fees/penalties/remittance/other payments
etc. it has now been provided a specified
format for the information to be provided by
various intermediaries / other entities in
order to identify and account direct credit in
SEBI account.
http://www.sebi.gov.in/legal/circulars/m
ay-2017/digital-mode-of-
payment_34885.html
May 17, 2017
Position limits for cross-currency futures
and options contracts (not involving Indian
Rupee) on exchanges in International
Financial Services Centres (IFSC)
Securities Exchange Board of India (SEBI)
vide Circular No.
SEBI/HO/MRD/DRMNP/CIR/P/2017/43
dated 17th May, 2017 has prescribed the
position limits for cross currency futures and
options contracts (not involving Indian
rupee) on exchanges in International
Financial Services Centres (IFSC).
The following limits has been decided-
a. Trading Members (positions on
proprietary basis as well as clients’
position) – Gross open position across all
contracts not to exceed 15% of the total
open interest or USD 1 billion equivalent,
whichever is higher.
b. Institutional Investors – Gross open
position across all contracts not to
exceed 15% of the total open interest or
USD 1 billion equivalent, whichever is
higher.
c. Eligible Foreign Investors (as referred to
in SEBI Circular
IMD/HO/FPIC/CIR/2017/003 dated
January 04, 2017) – Gross open position
across all contracts not to exceed 15% of
the total open interest or USD 1 billion
equivalent, whichever is higher.
d. Other clients – Gross open position
across all contracts not to exceed 6% of
the total open interest or USD 100
million equivalent, whichever is higher.
http://www.sebi.gov.in/legal/circulars/m
ay-2017/position-limits-for-cross-currency-
futures-and-options-contracts-not-
involving-indian-rupee-on-exchanges-in-
international-financial-services-centres-
ifsc-_34892.html
OTHERS
Cabinet approves Pan-India
implementation of Maternity Benefit
Program
The Union Cabinet vide Press Release dated
17th May, 2017 has given ex-post facto
approval to Pan-India implementation of
Maternity Benefit Program which now has
been extended to all districts of the country
w.e.f. 01.01.2017.
The Maternity Benefit Program will provide
compensation for the wage loss in terms of
cash incentives so that the women can take
adequate rest before and after delivery and
not be deprived of proper nutrition.
Objective of the Scheme
i) To provide partial compensation for the
wage loss in terms of cash incentives so that
the woman can take adequate rest before
and after delivery of the first living child.
ii) The cash incentives provided would lead
to improved health seeking behaviour
amongst the Pregnant Women and Lactating
Mother (PW&LM) to reduce the effects of
under-nutrition namely stunting, wasting
and other related problems.
Target Group
May 17, 2017
All eligible Pregnant Women and Lactating
Mothers (PW&LM), excluding the Pregnant
Women and Lactating Mothers who are in
regular employment with the Central
Government or State Government or Public
Sector Undertakings or those who are in
receipt of similar benefits under any law for
the time being. It has been decided to give
the benefit of Rs.5000/- to PW&LM in three
installment for the birth of the first live child
by MWCD and the remaining cash incentive
as per approved norms towards Maternity
Benefit under existing programmes after
institutional delivery so that on an average,
a woman will get ₹ 6000/-.
For any query:
Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acquisory news-bytes-17th-may-2017

  • 1. May 17, 2017 CORPORATE MCA MCA withdraws Circular w.r.t. transfer of Shares to IEPF MCA has issued a Circular, wherein it has withdrawn the previously issued Circular dated April 27, 2017 w.r.t transfer of shares to IEPF Authority. The subject matter of the previous circular is being reviewed by the Ministry and hence the said circular stands withdrawn with immediate effect. Fresh instructions will be issued in due course of time. As per the earlier issued circular, all companies required to transfer shares to IEPF Authority under the applicable Rules shall transfer such shares, whether held in dematerialised form or physical form, to the demat account of IEPF Authority by way of corporate action. http://www.mca.gov.in/Ministry/pdf/Circ ular_16052017.pdf Clarification regarding applicability of Section 16(1)(a) of the Companies Act, 2013 with reference to cases under corresponding provisions of Companies Act, 1956 Ministry of Corporate Affairs (MCA) vide Circular No. 04/2017 dated 16th May, 2017 has clarified the provisions with regard to Section 16(1)(a) of the Companies Act, 2013 which provides for the rectification of name. It has now been clarified that applications that were rejected by Regional Directors under Section 22(1)(ii)(b) of the Companies Act, 1956, on the ground that such applications were made after the requisite period of twelve months specified therein, cannot apply afresh under Section 16(1)(a) of the Companies Act, 2013, as the extinguished limitation cannot be considered to be revived even if no limitation period has been prescribed/laid down in the said section. http://www.mca.gov.in/Ministry/pdf/Circ ular04_2017_17052017.pdf SEBI Digital Mode of Payment Securities Exchange Board of India (SEBI) vide Circular No. SEBI/HO/GSD/T&A/CIR/P/2017/42 dated 16th May, 2017 in continuation to SEBI (Payment of Fees and Mode of Payment)(Amendment) Regulations, 2017 to enable digital mode of payment (RTGS/NEFT/IMPS etc.) of fees/penalties/remittance/other payments etc. it has now been provided a specified format for the information to be provided by various intermediaries / other entities in order to identify and account direct credit in SEBI account. http://www.sebi.gov.in/legal/circulars/m ay-2017/digital-mode-of- payment_34885.html
  • 2. May 17, 2017 Position limits for cross-currency futures and options contracts (not involving Indian Rupee) on exchanges in International Financial Services Centres (IFSC) Securities Exchange Board of India (SEBI) vide Circular No. SEBI/HO/MRD/DRMNP/CIR/P/2017/43 dated 17th May, 2017 has prescribed the position limits for cross currency futures and options contracts (not involving Indian rupee) on exchanges in International Financial Services Centres (IFSC). The following limits has been decided- a. Trading Members (positions on proprietary basis as well as clients’ position) – Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 billion equivalent, whichever is higher. b. Institutional Investors – Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 billion equivalent, whichever is higher. c. Eligible Foreign Investors (as referred to in SEBI Circular IMD/HO/FPIC/CIR/2017/003 dated January 04, 2017) – Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 billion equivalent, whichever is higher. d. Other clients – Gross open position across all contracts not to exceed 6% of the total open interest or USD 100 million equivalent, whichever is higher. http://www.sebi.gov.in/legal/circulars/m ay-2017/position-limits-for-cross-currency- futures-and-options-contracts-not- involving-indian-rupee-on-exchanges-in- international-financial-services-centres- ifsc-_34892.html OTHERS Cabinet approves Pan-India implementation of Maternity Benefit Program The Union Cabinet vide Press Release dated 17th May, 2017 has given ex-post facto approval to Pan-India implementation of Maternity Benefit Program which now has been extended to all districts of the country w.e.f. 01.01.2017. The Maternity Benefit Program will provide compensation for the wage loss in terms of cash incentives so that the women can take adequate rest before and after delivery and not be deprived of proper nutrition. Objective of the Scheme i) To provide partial compensation for the wage loss in terms of cash incentives so that the woman can take adequate rest before and after delivery of the first living child. ii) The cash incentives provided would lead to improved health seeking behaviour amongst the Pregnant Women and Lactating Mother (PW&LM) to reduce the effects of under-nutrition namely stunting, wasting and other related problems. Target Group
  • 3. May 17, 2017 All eligible Pregnant Women and Lactating Mothers (PW&LM), excluding the Pregnant Women and Lactating Mothers who are in regular employment with the Central Government or State Government or Public Sector Undertakings or those who are in receipt of similar benefits under any law for the time being. It has been decided to give the benefit of Rs.5000/- to PW&LM in three installment for the birth of the first live child by MWCD and the remaining cash incentive as per approved norms towards Maternity Benefit under existing programmes after institutional delivery so that on an average, a woman will get ₹ 6000/-. For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com