About ARTICLE:
This article contains various Compliance requirements for the Month of March, 2021 under various Statutory Laws.
If you think compliance is expensive, try non? compliance”
Compliance Requirement Under
1. Income Tax Act, 1961
2. Goods & Services Tax Act, 2017 (GST) and Important Updates / Circulars
3. Other Statutory Laws and Updates
4. Foreign Exchange Management Act, 1999 (FEMA) and Important Notifications
5. SEBI (Listing Obligations & Disclosure Requirements) (LODR) Regulations, 2015
6. SEBI Takeover Regulations 2011
7. SEBI (Prohibition of Insider Trading) Regulations, 2015
8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
9. SEBI (Buyback of Securities) Regulations, 2018
10. SEBI (Depositories and Participants) Regulations 2018) and Circulars / Notifications
11. Sebi Relaxations for Preferential Issues Matters
12. Companies Act, 2013 (MCA/ROC Compliance) and Notifications
13. Insolvency and Bankruptcy Board of India (IBBI) Updates
14. MSME Key Updates
15. Competition Commission of India (CCI)
Sl. |
Compliance Particulars |
Due Dates
|
1 |
Due date of depositing TDS/TCS liabilities for previous month. |
07-03-2021 |
2 |
Equalisation Levy is a direct tax, which is withheld at the time of payment by the service recipient where the annual payment made to one service provider (Non Residents only) exceeds Rs. 1,00,000 in one financial year for the specified and notified services. |
07-03-2021 |
3 |
Due date of Fourth instalment of advance tax for FY 2020-21 last date of depositing the fourth instalment of advance tax (if liable to pay any) for FY 2020-21. It is also the due date for making payment of advance tax by those individuals who are covered under the presumptive taxation scheme under sections 44AD and 44ADA. |
15-03-2021 |
4 |
Deadline for filing revised/Belated ITR with cost of Rs.10,000 (Note: no benefit of filing belated or revised return of FY 2020-21will be available) once this deadline is missed then you will not be able to file ITR for FY2019-20, nor you be able to file revised ITR for FY 2019-20. You will be liable to pay late filing fee of Rs 10,000 for filing belated ITR. |
31.03.2021 |
5 |
Not linking PAN with AADHAAR will lead to inoperative of PAN |
31.03.2021 |
6 |
Due date of payment of final amount of advance tax for FY 2020-21 (100% of Tax Liability) |
31.03.2021 |
7 |
Filing quarterly statement of TDS/TCS deposited for Q1 and Q2 for FY 2020-21 (Extended Date) |
31.03.2021 |
8 |
Vivad se Vishwas Scheme - Settling tax disputes between individuals and the income tax department |
31.03.2021 |
S9 |
Date for passing of order or issuance of notice by the authorities and various compliances under various direct taxes & Benami Law |
31.02.2021 |
Notes:
The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. |
|
Notification No. 88/2020 [F. No. 370142/35/2020-TPL] / SO 3906(E) dated 29 October, 2020. |
Importatnt updates:
1. Govt may tweak 2% equalisation levy to provide relief to local traders
The Central Board of Direct Taxes (CBDT) may tweak the equalisation levy imposed on the sale of goods or services carried out using a non-resident e-commerce operator.
Currently, a levy of 2 percent is paid by non-resident e-commerce operators on the gross amount of the transaction. However, experts believe the imposition of a levy results in double taxation in cases where the buyer and the seller are both resident Indians but carry out a transaction using a non-resident e-commerce platform like Amazon.
2. No TDS on buying property under liquidation: NCLAT
In the case between S Kumars Nationwide and Chief Commissioner of Income Tax, the NCLAT ruled the liquidator is not required to prepare a balance sheet and profit & loss account and get it audited during the liquidation process.
Liquidation of companies is set to get easier with the National Company Law Appellate Tribunal throwing out taxman’s claims that the liquidator has to get tax deducted at source while liquidating a bankrupt company.
Any buyer of property from a liquidator under Insolvency and Bankruptcy Code, 2016 shall not be required to deduct and pay 1% TDS from the sale consideration under Section 194-IA of the Income-tax Act, 1961
3. Govt extends deadline for filing declarations under Vivaad Se Vishwas scheme till Mar 31
The government has extended the last date for availing of the direct tax Vivaad Se Vishwas dispute resolution scheme to March 31, 2021, from the earlier date of February 28. This is the fifth extension of the scheme.
Those willing to settle their tax disputes under the Direct Tax Vivad Se Vishwas Act can file their declarations till March 31 and pay the settled tax amount by April 30, 2021, the Central Board of Direct Taxes said in a notification Friday.
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Sl. No. |
Particulars of the Notification(s) |
File No. / Circular No. |
Notification Link(s) |
1. |
?CBDT extends due date for filing DTVSV Forms till 28th Feb 2021. |
Notification No. 04/2021/ F.No. IT(A)/01/2020-TPL |
|
2. |
Extended Due date for filing ITRs requiring Tax Audit Report is 15th Feb 2021. |
Update |
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3. |
Income Tax Department conducts searches in Assam |
Press Release |
|
4. |
Income Tax Department conducts searches in Kolkata |
Press Release |
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5. |
Tax Updates – Budget 2021 |
Press Release |
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6. |
?sharing of information with "CEO, Center for e-Governance, Govt. of Karnataka?" |
Notification No. 05/2021 |
|
7 |
Extended Due date for filing ITRs requiring Tax Audit Report is 15th Feb 2021. |
Update |
|
8 |
Income Tax Department conducts searches in Bengaluru |
Press Release |
|
9 |
DGGI Gurugram arrests man for fraudulently availing input tax credit of more than Rs 69 crore |
Press Release |
|
10 |
DGGI Gurugram arrests man for fraudulently availing input tax credit of Rs 376 crore through 7 fake firms |
Press Release |
|
11 |
CGST Officials arrest one after busting network of 46 fake firms involved in fake input tax credit of Rs 82.23 crore |
Press Release |
|
12 |
? The Faceless Assessment (1stAmendment) Scheme, 2021 |
[Notification No. 6/2021/F. No. 370149/154/2019-TPL |
|
13 |
Amendments in the notification videnumber S.O 3265 (E), dated the 12th September, 2019 |
Notification No. 7/2021/F. No. 370149/154/2019-TPL |
|
14 |
Clarification issued by Department |
Notification No. 8 /2021 F.No. 300196 /35/2019-ITA-I |
|
15 |
DGGI Gurugram arrests man for fraudulently availing input tax credit of more than Rs 69 crore |
Press Release |
|
16 |
DGGI Gurugram arrests man for fraudulently availing input tax credit of Rs 376 crore through 7 fake firms |
Press Release |
|
17 |
CGST Officials arrest one after busting network of 46 fake firms involved in fake input tax credit of Rs 82.23 crore |
Press Release |
|
18 |
Amendments in Direct Tax Vivad se Vishwas Act |
[Notification No. 09/2021/ F.No. IT (A)/01/2020-TPL |
2. Compliance Requirement under GST, 2017
Filing of GSTR –3B
STR 3B Due Dates for May 2020
A. Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY
Tax period |
Due Date |
No interest payable till |
Interest payable @ 9% from & till |
Interest payable @ 18% from |
February, 2021 |
20th March, 2021 |
- |
- |
- |
B. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
Tax period |
Due Date |
No interest payable till |
Interest payable @ 9% from & till |
Interest payable @ 18% from |
February, 2021 |
22nd March, 2021 |
|
|
|
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep |
C. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
Tax period |
Due Date |
No interest payable till |
Interest payable @ 9% from & till |
Interest payable @ 18% from |
February, 2021 |
24th March, 2021 |
|
|
|
Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi |
D. Filing Form GSTR-1:
Tax period |
Due Date |
Remarks |
Monthly return (February, 2021) |
11.03.2020 |
Taxpayers having an aggregate turnover of More than Rs. 1.50 Crores (> Rs 1.50 Cr) or opted to file Monthly Return |
E. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Form No. |
Compliance Particulars |
Timeline |
Due Date |
GSTR-5 & 5A |
Non-resident ODIAR services provider file Monthly GST Return |
20th of succeeding month |
20.03.2020 |
GSTR -6 |
Every Input Service Distributor (ISD) |
13th of succeeding month |
13.03.2020 |
GSTR -7 |
Return for Tax Deducted at source to be filed by Tax Deductor |
10th of succeeding month |
10.03.2020 |
GSTR -8 |
E-Commerce operator registered under GST liable to TCS |
10th of succeeding month |
10.03.2020 |
F. GST Annual Returns:
Form No. |
Compliance Particulars |
Due Date (New)
|
GSTR-9 (FY 2019-20) |
Taxpayers having an aggregate turnover of more than Rs. 2 Crores or opted to file Annual Return. |
31.03.2021 |
GSTR-9C (FY 2019-20) |
Reconciliation Statement/ Audit Report for Taxpayers having a Turnover of more than Rs. 5 crores. |
31.03.2021 |
G. GST Refund:
Form No. |
Compliance Particulars |
Due Date
|
RFD -10 |
Refund of Tax to Certain Persons |
18 Months after the end of quarter for which refund is to be claimed |
H. Other Due Dates:
Compliance Particulars |
Due Date
|
|
31.03.2021 |
|
31.03.2021 |
1. Advisory on Reconciliation Statement (GSTR-9C )
Reconciliation statement to be filed in Form GSTR-9C requires the tax rate wise declaration of transactions for the concerned financial year. In the said form, tax amount pertaining to tax rates 1%, 1.5% and 7.5% in section III (table 9 and 11) and section V may be made in row/ under label ‘Others’ of the said tables, wherever applicable.
2. Budget 2021: Govt scraps GST Audit, No Need to file GSTR-9C [Read Finance Bill].
The Union Finance Minister Nirmala Sitharaman while presenting the Budget 2021 today before the Parliament, proposed to omit the requirement of furnishing the GSTR audit report in the form GSTR-9C. The GSTR-9C is a reconciliation statement required to be furnished by a taxpayer whose turnover exceeds Rs.2 crore in a financial year while filing his annual return in form GSTR-9. As per the Finance Bill 2021, “In section 35 of the Central Goods and Services Tax Act,sub-section (5) shall be omitted.”
3. Sanitiser makers move court over ‘typo’ in GST regulations
Companies that were importing a key raw material used in manufacturing sanitisers and disinfectants have dragged the government to court following inability to avail benefits over an apparent typing error in the Goods and Services Tax (GST) framework.
Importers of ‘denatured ethyl alcohol’, a raw material used in hand sanitisers and disinfectants, have been paying a lower or concessional rate of customs duty, over the years as this was categorised as ‘excisable goods’.
GST UPDATES from 01.02.2021 to 28.02.2021:
Sl. No.
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Notification(s) |
Notification No. |
Link(s) |
1.
|
Module wise new functionalities deployed on the GST Portal for taxpayers. |
GSTN Update 444 |
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2. |
Auto-population of e-invoice details into GSTR-1 |
GSTN Update 445 |
|
3. |
Payment of Tax by Fixed Sum Method under QRMP Scheme |
GSTN Update 447 |
|
4. |
Know more about “QRMP scheme and how to furnish details in IFF” |
GSTN Update 449 |
|
5. |
Due dates for filing of Form GSTR-3B from the Tax Period of January, 2021 |
GSTN Update 450 |
|
6 |
QRMP & IFF-Answers to Frequently Asked Questions |
GSTN Update 451 |
|
7 |
Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of rule 21A of CGST Rules, 2017. |
145/01/2021-GST |
|
8 |
Advisory on Reconciliation Statement (GSTR-9C ) |
GSTN Update 453 |
|
9 |
Know more about “QRMP scheme and how to furnish details in IFF” and Answers to Frequently Asked Questions |
GSTN Update 452 |
|
10 |
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020 - Reg. |
146/02/2021-GST |
|
11 |
Seeks to notify persons to whom provisions of sub-section (6B) or sub-section (6C) of section 25 of CGST Act will not apply. |
03/2021- Central Tax dated 23.02.2021 |
|
12 |
Seeks to extend the time limit for furnishing of the annual return specified under section 44 of CGST Act, 2017 for the financial year 2019-20 till 31.03.2021. |
04/2021-Central Tax dated 28.02.2021 |
|
3. Compliance under Other Statutory LAws
Applicable Laws/Acts
|
Due Dates |
Compliance Particulars |
Forms / (Filing mode) |
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952) |
15.03.2020 |
PF Payment |
ECR |
ESIC (Employees' State Insurance Act, 1948) |
15.03.2020 |
ESIC Payment
|
ESI Challan |
Contract Labour (Regulation & Abolition) Act, 1970 |
Within 15 Days of commencement/ completion of contract work |
Return/Notice within 15 days of commencement/ completion of each contract by the Principal employer |
Form VI-B |
Payment of Gratuity Rule |
Within 30 Days of applicability of the Act & any change |
Notice of applicability of the Act & any change |
Form A or B |
Shops And Establishments Act |
31.03.2021 |
Annual Return Under Shops and Establishments Act – Jharkhand |
Annual Return |
|
31.03.2021 |
Monthly Return for February Under Maharashtra Profession Tax, Trade and Ceilings |
Profession Tax |
Key Update:
1. Labour Ministry finalises new job rules under 4 codes, reform to be a reality soon
Parliament had passed four codes on four broad codes on wages, industrial relations, social security and occupational safety health & working conditions (OSH) which would ultimately rationalise 44 central labour laws. The Code on Wages was passed by Parliament in 2019 while the three other codes got clearance from both the Houses in 2020.
The four broad codes on wages, industrial relations, social security and occupational safety, health & working conditions (OSH) have already been notified after getting the President's assent. But for implementing these four codes, the rules need to be notified.
2. Labour codes to herald new wave of reforms in 2021; job creation likely to be major challenge
This year has also been a challenging year for the workforce as well as for employers due to the outbreak of the COVID-19 pandemic. The government imposed a nationwide lockdown from March 25, which had an adverse impact on economic activities and resulted in the exodus of migrant workers from large cities to their homes in the hinterland.
The implementation of four labour codes in one go from April 1 next year will usher in a new wave of reforms in industrial relations and also help in attracting more investments but employment generation will remain a key challenge in 2021.
Updates TRACKER under Labour LAws – FEB. 2021:
Sl. |
Particulars |
Link |
1 |
Nomination of Shri S.N.Subrahmanyan as Chairman of National Safety Council |
|
2 |
Anuual Colosing for the year 2020-2021 |
|
3 |
Coverage under CCS(Pension) Rules, 1972 in place of NPS, of those employees, whose selection for appointment was finalized before 01.01.2004 but who joined government service on or before 01.01.2004 Accounting procedure thereof-regarding. |
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4 |
Engagement of house keeping manpower in place of vacant posts of MTS. |
|
5 |
Amendment in Investment Pattern dated 29th May, 2015 (Exempted Trusts) |
[ |
6 |
Internal Committee under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
|
7 |
Deployment of electronic facility at Employer Interface of EPFO's Unified Portal for Principal Employers to view EPF compliances of their Contractors & contract workers |
|
8 |
Supply of Information under Right to Information Act, 2005 - Shri Deepak Kumar |
|
9 |
Transfer of application under Section 6(3) of Right to Information Act, 2005 - Application of Shri Abhay Kolakar |
|
10 |
Subrahmanyan appointed Chairman of National Safety Council |
|
11 |
RBI leaves policy rates unchanged, accommodative stance of monetary policy to revive growth and mitigate impact of COVID-19 |
|
12 |
The Extension Order of Addl. Charge DG(ESIC) to AS(L&E) |
|
13 |
Memorandum- Nomination of Central Liaison Officer for matters relating to the reservation in services for SC/ST/PwD in ESIC |
|
14 |
Supply of information under Right to Information Act, 2005- Shri Baidyanath Sen |
|
15 |
Member Profile correction in name father / spouse / gender HO No. WSU/KYC/Correction process (E-15189)/2874 dated 12/02/2021 |
|
16 |
EPFO launches electronic facility for PRINCIPAL EMPLOYERS to view EPF compliances of their contractors. |
|
17 |
Get PPO number using Bank Account Number or PF Number |
|
18 |
How to check EPF Balance at home? |
|
19 |
Know how to transfer EPF online |
|
20 |
Employment Guarantee for Urban Poor |
|
21 |
Government relaxes norms for family pension to disabled survivors |
|
22 |
Gangwar to launch Software Applications and release instruction manuals with questionnaire for five All India Surveys tomorrow |
|
23 |
ESIC beneficiaries to get medical care from nearby ESIC empanelled Hospitals in case of non-availability of ESIC hospital or dispensary within a radius of 10 km. of their residence |
|
24 |
All-India Consumer Price Index Numbers for Agricultural and Rural Labourers – January, 2021 |
|
25 |
Payroll data: EPFO adds 12.54 lakh net subscribers in December, 2020 |
|
26 |
ESIC takes Major Policy Initiatives for better services to Insured Workers/Insured Women |
|
Applicable Laws/Acts |
Due Dates |
Compliance Particulars |
Forms / (Filing mode) |
FEMA ACT 1999 |
15 July every year |
Annual Return on Foreign liabilities and assets. The FLA return is required to be submitted by the companies who have received Foreign direct investment (FDI) and/or made Foreign direct investment abroad in the previous year(s) including the current year |
FLA Return through Flair Portal: Click here |
FEMA ACT 1999 |
Monthly Basis |
External Commercial Borrowings Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’. |
ECB 2 Return |
FEMA ACT 1999 |
Not later than 30 days from the date of issue of Capital instrument |
FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India. |
Form FC-GPR |
FEMA ACT 1999 |
With in 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier. |
Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS. The onus of reporting shall be on the resident transferor/ transferee. |
Form FC-TRS. |
FEMA ACT 1999 |
within 30 days from the date of receipt of the amount of consideration. |
A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1 |
Form FDI LLP-I |
FEMA ACT 1999 |
within 60 days from the date of receipt of funds in |
A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non resident (or vice versa) |
Form FDI LLP-II |
FEMA ACT 1999 |
within 30 days from the date of allotment of capital instruments |
The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts |
Downstream statement -Form DI & reporting at FIFP too |
In case of submission of FLA returns for previous years, the reporting entity need to take approval from RBI. Visit https://flair.rbi.org.in/fla ? Login to FLAIR ? Go to “Menu” (upper left corner) ? Go to “Multiple Year CIN Enable Screen” ? select year 2019 (2018,2017,… 2012,2011). Click “?” then Click “Request”. After sending request to RBI through FLA portal, entities need to wait for at least one working day for approval. Entities can check the status of their request in “Multiple Year CIN Enable Screen” under menu on the left corner. Once approved by RBI, the entity can submit FLA return for the requested previous year”.It may be noted that for example if FLA return for 2020 is not submitted then submission of previous year FLA 2019 and prior years, will not be allowed.
RBI on 26th February, 2021 has released its report on currency and finance (RCF) for the year 2020-21. The Reserve Bank in a report on currency and finance (RCF) for the year 2020-21 said "the current numerical framework for defining price stability, i.e., an inflation target of 4 per cent with a +/-2 per cent tolerance band, is appropriate for the next five years."
The report said that the "period of study in this report is from October 2016 to March 2020 commencing with the formal operationalization of the flexible inflation targeting (FIT) framework in India but excluding the period of the COVID-19 pandemic in view of data distortions."
The retail inflation stood at 4.59 per cent in December 2020 and 7.59 per cent in January 2020. The previous low for retail inflation was in September 2019 at 4 per cent. Read more at: Click here
Outstanding loans fell ?1,044 crore ($141.30 million) to ?107.04 trillion in the two weeks to Feb. 12. Indian banks' loans rose 6.6% in the two weeks to Feb. 12 from a year earlier, while deposits rose 11.8%, the Reserve Bank of India's weekly statistical supplement showed on Friday.
Sl. |
Particulars of the Circulars |
Link |
1 |
Investment by Foreign Portfolio Investors (FPI) in Defaulted Bonds – Relaxations |
|
2 |
Prudential Guidelines on Capital Adequacy and Market Discipline - New Capital Adequacy Framework (NCAF) - Eligible Credit Rating Agencies – CRISIL Ratings Limited |
|
3 |
Strengthening of Grievance Redress Mechanism in Banks |
|
4 |
Risk-Based Internal Audit (RBIA) |
|
5 |
Loans and advances to directors, their relatives, and firms / concerns in which they are interested |
|
6 |
Section 24 of the Banking Regulation Act, 1949 – Maintenance of Statutory Liquidity Ratio (SLR) – Marginal Standing Facility (MSF) - Extension of Relaxation |
|
7 |
Credit to MSME Entrepreneurs |
|
8 |
Revised Issuance Calendar for Marketable Dated Securities for remaining period of H2 (February – March 2021) |
|
9 |
Risk Based Internal Audit (RBIA) in NBFCs/UCBs |
|
10. |
Reserve Bank of India – Bulletin Weekly Statistical Supplement – Extract |
|
11. |
On Tap Targeted Long-Term Repo Operations – Inclusion of NBFCs |
|
12 |
Statement on Developmental and Regulatory Policies |
|
13 |
Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949 - The Kapol Co-operative Bank Ltd. Mumbai, Maharashtra – Extension of Period |
|
14 |
RBI releases framework for strengthening the grievance redress mechanism in banks |
|
15 |
FDI limit in Insurance sector increased from 49% to 74% and Foreign Ownership and control allowed with safeguards |
|
16 |
Exim Bank's Government of India supported Line of Credit (LoC) of USD 400 million to the Government of the Republic of Maldives |
|
17 |
Investment in NBFCs from FATF non-compliant jurisdictions |
|
18 |
Financial Literacy Week 2021 |
|
19 |
RBI releases Annual Report of Ombudsman Schemes, 2019-20 |
|
20 |
Directions under Section 35 A of the Banking Regulation Act, 1949 (As Applicable to Co-operative Societies) – Independence Co-operative Bank Limited, Nashik |
|
21 |
Overseas Direct Investment for January 2021 |
|
22 |
Reserve Bank of India – Bulletin Weekly Statistical Supplement – Extract |
|
23 |
Conversion/Switch of Government of India (GoI)’s Securities |
|
24 |
Remittances to International Financial Services Centres (IFSCs) in India under the Liberalised Remittance Scheme (LRS) |
|
25 |
Master Direction – Non-Banking Financial Company – Housing Finance Company (Reserve Bank) Directions, 2021 |
|
26 |
Capital and provisioning requirements for exposures to entities with Unhedged Foreign Currency Exposure |
|
27 |
Master Direction on Digital Payment Security Controls |
|
28 |
Inclusion of “Fino Payments Bank Limited” in the Second Schedule of the Reserve Bank of India Act, 1934 |
|
29 |
RBI releases Draft Reserve Bank of India (Credit Derivatives) Directions, 2021 under Section 45 W of the RBI Act, 1934 |
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5. SEBI – Securities Exchange Board of INDIA
Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015
FILING MODE(s) :
|
? Annual Compliances
Sl. No. |
Regulation No. |
Compliance Particular |
Compliance Period (Due Date)
|
1 |
Regulation 34(1) & 36(2) – |
Annual Report |
Not later than the day of commencement of dispatch to its shareholders and not less than 21 days before the annual general meeting |
2 |
Annual report in XBRL mode 16 may 2019 BSE CIRCULAR'
|
Filings in respect of Annual Report has to be done by all listed entities in XBRL mode in addition to the currently used PDF mode mandatorily, for periods ending March 31, 2019. |
Same time limit of Regulation 34 |
3. |
Regulation 34(1)(b) |
|
Within 48 hours after AGM |
REG NO |
REGULATION NO |
PARTICULARS |
TIMELINE |
47 Advertisements in Newspapers. |
47 (3) Advertisements in Newspapers |
Financial results at 47 clause (b) of sub-regulation (1), shall be published within 48 hours of conclusion of the meeting of board of directors at which the financial results were approved. |
48 HOURS |
23 Related party transactions. |
Reg 23(9) Related party transactions |
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website |
30 days |
24A Secretarial Audit. |
Red 24A |
Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. (within 60 days from the Closure of FY) |
60 days from the Closure of FY |
36 Documents & Information to shareholders. |
36(1) |
The listed entity shall send annual report referred to in sub-regulation 36(1), to the holders of securities, not less than twenty-one days before the annual general meeting |
21 days before AGM |
46 Website |
46(2)(s) |
The listed entity shall disseminate the following information under a separate section on its website separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year, uploaded at least 21 days prior to the date of the annual general meeting which has been called to inter alia consider accounts of that financial year.] |
21 days prior 1 days prior to the date of AGM |
Advisory on disclosure of material impact of COVID-19 pandemic on listed entities under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Link
REG NO |
REGULATION NO |
PARTICULARS |
TIMELINE |
||
Intimation |
Reg 29 read with Reg 33 |
intimation regarding item specified in clause 29(1) (a) to be discussed at the meeting of board of directors shall be given at least five days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors |
at least 5 working days in advance, excluding the date of the intimation and date of the meeting |
||
Intimations and Disclosure of events or information to Stock Exchanges. |
87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III |
The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information: |
24 HOURS |
||
Valuation, Rating and NAV disclosure. |
87C(1) (iii) |
An issuer whose security receipts are listed on a stock exchange shall ensure that: the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter. |
15 Days |
||
30 Disclosure of events or information. |
30(6) AND Part A of Schedule III |
The listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information |
24 HOURS |
30 Disclosure of events or information. |
30(6) AND sub-para 4 of Para A of Part A of Schedule III |
The listed entity shall disclose to the Exchange(s), within 30 minutes of the closure of the meeting held to consider the following: h) financial results; i) decision on voluntary delisting by the listed entity from stock exchange(s). |
30 MINUTES |
31A: Conditions for re-classification of any person as promoter / public |
31A(8) |
The following events shall deemed to be material events and shall be disclosed by the listed entity to the stock exchanges as soon as reasonably possible and not later than twenty four hours from the occurrence of the event: |
24 HOURS |
34 Annual Report. |
34(1)(b) |
in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.] |
48 HOURS |
44 Meetings of shareholders and voting |
44(3) |
The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in the format specified by the Board. |
48 HOURS |
47 Advertisements in Newspapers. |
47 (3) Advertisements in Newspapers |
The listed entity shall publish the information specified in 47(1) in the newspaper simultaneously with the submission of the same to the stock exchange(s). The same is reproduced below |
Simultaneously |
- |
SCHEDULE III PART PART A 7(A) |
resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but not later than twenty four hours of receipt of such reasons from the auditor |
24 HOURS |
- |
SCHEDULE III PART PART A 7(B) |
In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities: |
7 days from the date of resignation |
7 Share Transfer Agent. |
Reg 7(4) & (5) Share Transfer Agent. |
The listed entity shall intimate any change or appointment of a new share transfer agent, to the stock exchange(s) within seven days of entering into the agreement. |
7 DAYS |
29 |
Reg 29(1) |
The intimation required under 29 (1), shall be given at least two working days in advance, excluding the date of the intimation and date of the meeting Reg 29(1) is reproduced below: (b) proposal for buyback of securities ; (c) proposal for voluntary delisting by the listed entity from the stock exchange(s); (d) fund raising by way of further public offer, rights issue, American Depository Receipts/Global Depository Receipts/Foreign Currency Convertible Bonds, qualified institutions placement, debt issue, preferential issue or any other method and for determination of issue price: |
at least 2 working days in advance, excluding the date of the intimation and date of the meeting |
31 Holding of specified securities and shareholding pattern. |
Reg 31 (1)(a) |
The listed entity shall submit to the stock exchange(s) a statement showing holding of securities and shareholding pattern separately for each class of securities, in the format specified by the Board from time to time - |
1 day prior to listing of its securities on the stock exchange(s |
31 |
Reg 31 (1 (c) |
within ten days of any capital restructuring of the listed entity resulting in a change exceeding two per cent of the total paid-up share capital: |
within 10 days of any capital restructuring |
31A Conditions for re-classification of any person as promoter / public |
Reg 31A |
an application for re-classification of a promoter/ person belonging to promoter group to public to the stock exchanges has to be made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting |
30 days from the date of approval by shareholders in general meeting |
37 Draft Scheme of Arrangement & Scheme of Arrangement. |
37(1) |
Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No-objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time. |
Before filling the same with any court or tribunal |
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities. |
39(2) |
The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within a period of thirty days from the date of such lodgement. |
30 Days |
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities |
39(3) |
The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within two days of its getting information. |
2 days of its getting information. |
40 Transfer or transmission or transposition of securities. |
40 (3) |
On receipt of proper documentation, the listed entity shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of fifteen days from the date of such receipt of request for transfer |
15 days |
40 Transfer or transmission or transposition of securities. |
40 (3) |
the listed entity shall ensure that transmission requests are processed for securities held in dematerialized mode within seven days after receipt of the specified documents: |
7 Days |
40 Transfer or transmission or transposition of securities. |
40 (3) |
the listed entity shall ensure that transmission requests are processed for securities held in physical mode within twenty one days after receipt of the specified documents: |
21 Days |
- |
SCHEDULE VII: TRANSFER OF SECURITIES (PART B (1)) |
In case of minor differences in the signature of the transferor(s), the listed entity shall follow the following procedure for registering transfer of securities: |
15 Days |
42 Record Date or Date of closure of transfer books. |
42(2) |
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date: |
7 working days advance intimation excluding the date of the intimation and date of the meeting |
42 Record Date or Date of closure of transfer books. |
42(2) |
in the case of rights issues, the listed entity shall give notice in advance of atleast three working days (excluding the date of intimation and the record date).] |
3 working days advance intimation excluding the date of the intimation and date of the meeting |
42 Record Date or Date of closure of transfer books. |
42(3) |
The listed entity shall recommend or declare all dividend and/or cash bonuses at least five working days (excluding the date of intimation and the record date) before the record date fixed for the purpose. |
5 working days advance intimation excluding the date of the intimation and date of the meeting |
46 Website |
46 (3)(b) |
The listed entity shall update any change in the content of its website within two working days from the date of such change in content. |
2 working days |
50 Intimation to stock exchange(s). |
50(1) |
The listed entity shall give prior intimation to the stock exchange(s) at least eleven working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable. |
11 working days |
50 Intimation to stock exchange(s). |
50(3) |
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered. |
2 working days advance intimation excluding the date of the intimation and date of the meeting |
52 Financial Results. |
52 (4) & (5) |
The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4), submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents |
7 working days |
52 Financial Results. |
52 (4) & (8) |
The listed entity shall, within two calendar days of the conclusion of the meeting of the board of directors, publish the financial results and statement referred to in reg 52 (4), in at least one English national daily newspaper circulating in the whole or substantially the whole of India. |
two calendar days of the conclusion of the meeting |
57 Other submissions to stock exchange(s). |
57(1) |
The listed entity shall submit a certificate to the stock exchange within two days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities |
within 2 days |
60 Record Date |
60(2) |
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the stock exchange(s) may agree to or require specifying the purpose of the record date. |
7 working days advance intimation excluding the date of the intimation and date of the meeting |
78 Record Date. |
78(2) |
The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date |
notice in advance of at least 4 working days |
82 Intimation and filings with stock exchange(s). |
82(2) |
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered. |
2 working days in advance, excluding the date of the intimation and date of the meeting, |
82 Intimation and filings with stock exchange(s). |
82(3) |
The listed entity shall submit such statements, reports or information including financial information pertaining to Schemes to stock exchange within seven days from the end of the month/ actual payment date, either by itself or through the servicer, on a monthly basis in the format as specified by the Board from time to time: |
within 7 days |
87 Record Date. |
87(2) |
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date |
7 working days advance intimation excluding the date of the intimation and date of the meeting |
87E Record Date. |
87E(2) |
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the stock exchange(s) of the record date or of as many days as the stock exchange may agree to or require specifying the purpose of the record date. |
7 working days advance intimation excluding the date of the intimation and date of the meeting |
SYSTEM DRIVEN DISCLOSURE
FOR SAST AND PIT REG: Listed entities shall follow System Driven Disclosure by designating 1 Depository as Designated Depository and uploading the Formation of promoter. Promoter Group ,Designated Person, Directors, Employees not below 2 level (till 30/09/2020)
The Key Summary of System Driven Disclosure of Sep 9, 2020 (Link) is reproduced below:
“?. Listed company shall provide the information including PAN number of Promoter(s) including member(s) of the promoter group, designated person(s) and director(s) (hereinafter collectively referred to as entities) as per PIT Regulations to the designated depository (selected in terms of SEBI circular ref. no. SEBI/HO/CFD/DCR1/CIR/P/2018/85 dated May 28, 2018) in the format and manner prescribed by the Depositories. For PAN exempt entities, the Investor’s Demat account number(s) shall be specified by the listed company. The information shall be provided within 10 days from the date of this circular.
?. The designated depository shall share the information received from the listed company with other depository.
?. In case of any subsequent update in the details of the entities, the listed company shall update the information with the designated depository on the same day. The designated depository shall share the incremental changes with the other depository on the day of receipt from the listed company.”
Below is summary of circulars issued in this regards.
Date |
Title |
Sep 23, 2020 |
System-Driven Disclosures (SDD) under SEBI (SAST) Regulations, 2011 |
Sep 09, 2020 |
|
May 28, 2018 |
|
Dec 21, 2016 |
|
Dec 01, 2015 |
Introduction of system-driven disclosures in Securities Market |
6. SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
Securities and Exchange Board of India (SEBI) vide notification / Circular No. SEBI/HO/CFD/DCR1/CIR/P/2020/49 issued and publish dated 27th March 2020, has published Relaxation from compliance with certain provisions of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic.".
Sl. No. |
Regulation No. |
Compliance Particular |
Compliance Period (Due Date) |
1 |
Regulation 30(1) |
Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified.
|
The disclosures required under sub-regulation (1) and sub-regulation (2) shall be made within seven working days from the end of each financial year to;
|
2 |
Regulation 30(2) |
The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may
|
|
3. |
Regulation 31(1) read with Regulation 28(3) of Takeover Regulations AUGUST 7, 2019 CIRCULAR |
The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company, |
within 2 (two) working days |
4. |
Regulation 31(4) |
Disclosure of encumbered shares |
Promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the 31st March, in such target company in such form as may be specified |
7. SEBI (Prohibition of Insider Trading) Regulations, 2015
Sl. No. |
Regulation No. |
Compliance Particular |
Compliance Period (Due Date)
|
1 |
Regulation 7(2) “Continual Disclosures” |
Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified; |
Every company shall notify; within two trading days of receipt of the disclosure or from becoming aware of such information |
8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
Sl. No. |
Regulation No. |
Compliance Particular |
Compliance Period (Due Date)
|
1 |
Schedule XIX - Para (2) of ICDR Read with Reg 108 of SEBI LODR |
“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from the date of allotment within 20 days (unless otherwise specified). |
Within 20 days from the date of allotment
|
2 |
Regulation 162 |
The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment. |
Within 18 months from date of allotment |
3 |
SEBI CIRCULAR Aug 19, 2019 |
Application for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s. |
Within 7 working days from grant of date of listing approval |
4 |
Regulation 76 Application for rights issue |
The issuer along with lead managers and other parties related to the issue shall constitute an optional mechanism (non-cash mode only) to accept the applications of the shareholders to apply to rights issue subject to ensuring that no third-party payments shall be allowed in respect of any application |
|
5. |
Regulation 77 Service of Documents |
In case if the company fails to adhere to modes of dispatch through registered post or speed post or courier services due to Covid-19 conditions it will not be treated as non-compliance during the said period. The issuers shall publish required & necessary documents on the websites of the company, registrar, stock exchanges and the lead managers to the rights issue |
|
6 |
Regulation 84
Advertisement |
Issuer has the flexibility to publish the advertisement in additional newspapers above those required in Regulation 84. The advertisement should also be made available on: A. Website of the Issuer, Registrar, Lead Managers, and Stock Exchanges. B. Television channels, radio, the internet, etc. to spread information related to the process. |
9. SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)
Sl. No. |
Regulation No. |
Compliance Particular |
Compliance Period (Due Date)
|
1 |
Regulation 11 and 24(iv) |
Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other specified securities of the company are listed within seven days of extinguishment and destruction of the certificates |
7 days of extinguishment and destruction of the certificates |
2 |
Regulation 24(i) (f) |
Minimum time between buy back and raising of funds |
Temporary relaxation in the period of restriction provided in Regulation 24(i)(f) from “one year” to “six months” Applicable up to December 31, 2020 only |
10. SEBI (Depositories and Participants) Regulations 2018)
Sl. No.
|
Compliance Particulars |
Due Date |
1. |
Regulation 76 (Quarter, Oct – Dec 2020) Reconciliation of Shares and Capital Audit |
30.01.2021 |
2. |
Regulation 74 (5): Processing of demat requests form by Issuer/RTAs - Certificate Received from Registrar |
Within 15 days of receipt of the certificate of security |
11. SEBI RELAXATIONS FOR PREFERENTIAL ISSUES MATTERS
Securities Exchange Board of India (SEBI) vide Press Release no. PR No.35/2020 dated 23rd June, 2020 has come out with Relaxations for Listed Companies having stressed assets aimed at helping stressed companies raise capital through timely financial intervention, at the same time protecting the interest of shareholders.
Relaxations are divided into two main parts:
What are the relaxations:
Pricing of their preferential allotments
|
Exempted from making an open offer |
not less than the average of the weekly high and low of the volume weighted average prices of the related equity shares during the two weeks preceding the relevant date. |
if the acquisition is beyond the prescribed threshold or if the open offer is warranted due to change in control, in terms of Takeover Regulations. |
Read full at : Click here
Sl. |
Particulars |
Link |
1 |
Buybacks- GAIL (India) Limited - Draft Letter of offer |
|
2 |
Mutual Funds- Invesco India ESG Equity Fund |
|
3 |
Order- Adjudication Order in respect of Mausumi Pyne in the matter of Pincon Lifestyle Ltd. |
|
4 |
Circular on Revision of Monthly Cumulative Report |
|
5 |
Recovery Proceedings - Order No. 190 of 2021 - Order in the matter of Pancard Clubs Ltd.- Objections filed by CFM Asset Reconstruction Private Limited as per direction of Hon’ble SAT in Appeal No. 408 of 2019 |
|
6. |
Order - Order under Section 15-I (3) of SEBI Act, 1992 in the matter of Castor Seeds Contract at NCDEX |
|
7. |
Public Issues- Addendum to DRHP of Barbeque Nation Hospitality Limited |
|
8. |
Setting up of Limited Purpose Clearing Corporation (LPCC) by Asset Management Companies (AMCs) of Mutual Funds |
|
9. |
Revised Framework for Innovation Sandbox |
|
10. |
SEBI Bulletin - January 2021 [MSWord] [MSExcel] |
|
11. |
Framework for Innovation Sandbox |
|
12. |
Mutual Funds - Nippon India S & P Europe 350 Index fund |
|
13. |
Takeovers - Modern Convertors Limited |
|
14. |
Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2021 |
|
15. |
Informal guidance request of Beacon Trusteeship Limited under SEBI (Issue ad Listing of Securitised Debt Instruments and Security Receipts) Regulations, 2008 |
|
16. |
Master Circular for Depositories |
|
17 |
Informal Guidance sought by Sundaram Alternate Assets Limited in connection with SEBI (Investment Advisers) Regulations, 2013 and SEBI (Portfolio Managers) Regulations, 2020. |
|
18 |
Summary Settlement Order in respect of Mr. Deepak Parekh the matter of non-compliance with the erstwhile Listing Agreement |
|
19 |
Adjudication Order in respect of Rikhav Securities Ltd in the matter of Birla Medspa Limited |
|
20 |
Buybacks- National Aluminium Company Limited - Draft Letter of Offer |
|
21 |
Notice For Meeting on Schemes |
|
22 |
Orders- Adjudication Order in respect of 12 entities in the matter of Shri Ram Real Estate and Business Solutions Limited. |
|
23 |
Informal Guidance - In the matter of KCP Ltd. under SEBI (Prohibition of Insider Trading) Regulations, 2015 |
|
24 |
Revised disclosure formats under Regulation 7 of SEBI (Prohibition of Insider Trading) Regulations, 2015 |
|
25 |
REIT Issues - Brookfield India Real Estate Trust |
|
26 |
Mutual Funds - Axis Fixed Term Plan – Series 109 - 111 |
|
27 |
Annual Report 2019-20 [Hindi] |
|
28 |
Takeover- Magma Fincorp |
|
29 |
Notice For Meeting on Schemes - Notice convening meeting of Unsecured Creditors - Scheme of Amalgamation and Merger of Sun Pharma Global FZE (“Transferor Company”) with Sun Pharmaceutical Industries Limited (“Transferee Company”) |
|
30 |
Reports - Extension of timeline for submission of public comments on “Introduction of provisions relating to appointment / re-appointment of persons who fail to get elected as Whole-time directors / Managing Directors at the general meeting of a listed entity” |
|
31 |
The Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2021. |
|
32 |
Amendments for enabling FPIs to subscribe to listed debt securities of REITs and InvITs |
|
33 |
Informal Guidelines: In the matter of PPAP Automotive Limted - Informal guidance under regulation 10(1)(d)(iii) of SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 2011 |
|
34 |
Public Issue: PARTY CRUISERS LIMITED |
|
35 |
Press Releases - Union Finance Minister addresses Board of SEBI |
|
36 |
Press Releases - SEBI Board Meeting |
|
37 |
Orders - Adjudication Order in respect of Priti Devi in the matter of Dealing in Illiquid Stock Options at BSE |
|
38 |
Buybacks - Engineers India Limited - Post Buyback Announcement |
|
39 |
Processing Status - Processing status - Scheme of Arrangement. |
|
40 |
Mutual Funds - Axis All Seasons Equity Fund of Fund |
|
41 |
Recovery Proceedings- Release Order _Certificate No 2828_AP No 5828 & 5831 of 2020_in respect of Kamala Kant Gupta |
|
42 |
Unserved Summons / Notices - In the matter of Specialty paper Ltd. |
|
43 |
Takeovers - Constronics Infra Limited |
|
44 |
Pre-Expiry Margin on commodities under Alternate Risk Management Framework |
|
45 |
Notice For Meeting on Schemes - Notice of the meeting of the equity shareholders, Secured Creditors and Unsecured Creditors of Mangalam Timber Products Limited |
|
46 |
Speeches - Chairman’s speech dated February 24, 2021 on “India's Corporate Bond Market: Bonds that build a nation” at the CRISIL 6th Bond Market Seminar |
|
47 |
Extension of facility for conducting meeting(s) of unitholders of REITs and InvITs through Video Conferencing (VC) or through other audio-visual means (OAVM) |
|
48 |
Trading halt at NSE on February 24, 2021 |
|
49 |
Chairman’s speech dated February 25, 2021 on 'Behavior of Securities Market- Sighting of Black Swan' at SEBI-NISM Conference |
|
Circulars |
Date |
February 27, 2021 |
|
February 9, 2021 |
12. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/Acts
|
Due Dates |
Compliance Particulars |
Forms / Filing mode |
Companies Act, 2013
|
Within 180 Days From The Date Of Incorporation Of The Company |
As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC. |
MCA E- Form INC 20A (one time compliance)
|
Companies Act, 2013
|
First declaration within 90 days from the date of notification Dt. 08.02.2019
|
A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019
In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.
|
Form BEN-1 Draft Format available at |
Companies Act, 2013
|
within 30 days of acquiring beneficial interest |
Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (the date of receipt of declaration in BEN-1 )
|
Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019 |
Companies Act, 2013
|
One time Compliance |
Filing of the particulars of the Company & its registered office. (by every company incorporated on or before the 31.12.2017.) Due date extended- Link :
|
Active Form INC -22A |
Companies Act, 2013
|
Annual Compliance |
*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2019-20 was extended till 31st December, 2020 Annual Exercise: Penalty after due date is Rs. 5000/-(one time) |
E-Form DIR – 3 KYC (Web Based and E-form)
|
Companies Act, 2013 |
Within 270 days from the date of deployment of this Form |
Annual Return To Be Filed By Auditor With The National Financial Reporting Authority Note on NFRA -2 Click Here |
NFRA-2 (NFRA-2 e-Form live since 9th December 2019.) |
Companies Act, 2013 |
Within 30 days of the board meeting |
Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed. |
MGT-14 (Filing of resolution with MCA) |
Sl. No. |
Particulars |
Due Date |
E- Form |
1 |
Appointment of Auditor |
Within 15 days from the conclusion of AGM (ratification at every annual general meeting is not mandatory)
|
ADT-1
|
2 |
Filing of financial statement and other documents with the ROC |
With in 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year) Extension Link: Click here Penalty after due date is Rs. 100 Per day till the date default continues |
AOC-4 (due date extended till 15.02.2021) |
3 |
Filing of annual return by a company. |
Within 60 days from the conclusion of AGM Penalty after due date is Rs. 100 Per day till the date default continues |
MGT-7 |
4 |
Filing of Cost Audit Report with the Central Government |
With in 30 days from the receipt of Cost Audit Report Extension notification: Click here |
CRA-4 |
a) Paid up capital from “not exceeding `50 Lakh” to “not exceeding `2 Crore”
and (+)
b) turnover from “not exceeding `2 Crore” to “not exceeding `20 Crore”
Important Updates
Sl. |
Particulars of the Circulars |
Link |
1 |
New ‘Extend’ functionality shall be introduced as part of SPICe+ Part A in line with Rule 9A ‘Extension of reservation of name in certain cases' of the Companies (Incorporation) Third Amendment Rules, 2020 with effect from 26th January 2021. |
|
2 |
Relaxation of additional fee in filing all AOC-4 e-forms |
|
3 |
Companies (compromises, arrangements and amalgamations) Amendment Rules 2021 |
|
4 |
Companies (Specification of Definition details) Amendment Rules 2021 |
|
5. |
Companies (Incorporation) 2nd Amendment Rules 2021 |
|
6. |
Notification of under section 67 of LLP dt 30.01.2020 |
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7 |
MCA21 Version 3.0 to be launched in Fiscal 2021-22 |
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8 |
MCA initiates process of De-criminalisation of compoundable offences under Limited Liability Act, 2008 |
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9 |
MCA revises threshold for paid up capital and turnover for Small Companies |
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10 |
MCA amends One Person Companies (OPCs) rules |
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11 |
The Companies (Share Capital and Debentures) Amendment Rules, 2021 |
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12 |
The Producer Companies Rules, 2021 |
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13 |
Sections notified- the Companies (Amendment) Act, 2020 |
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14 |
Amendments in the notification of the Government of India, Ministry of Corporate Affairs number S.O. 1935 (E), dated the 1st June, 2016 |
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15 |
The Companies (Incorporation) Second Amendment Rules, 2021 |
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16 |
Call for Research Proposals under "Funding Research and Studies, Workshops and Conference, Etc." under the plan scheme "Corporate Data Management" |
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17 |
Stakeholders are hereby informed that the Central Government, in Ministry of Corporate Affairs, under section 67(1) of LLP Act, 2008 will be extending Sub- sections (1) to (11) of section 90, Sub- sections (1) and (2) of section 164 , Sub-sections (1) and (3) to (6) of section 165, Sub-section (1) to (3) of section 167, Sub-section (5) of section 206, sub-section (3) of section 207, Sub-sections (1) to (3) of section 252 and Sub-sections (1) to (4) of Section 439 of the Companies Act, 2013 to limited liability Partnerships with modification and adaptation soon. Accordingly, limited liability Partnerships, Partners and Designated partners thereof are advised to take note of the same for appropriate action. |
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18 |
The Companies (Specification of definitions details) Second Amendment Rules, 2021 |
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19 |
15 States complete ease of doing business reforms |
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20 |
Press release on MCA signing Data Exchange MoU with CBIC on 25th February, 2021 |
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13. IBBI Updates {Insolvency and Bankruptcy Board of India}
Budget Allcation for IBBI
As per the Budget document, the Insolvency and Bankruptcy Board of India (IBBI) has been allocated Rs 39 crore.
Important Notifications and Circulars Tracker (December, 2020)
Sl.
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Notification(s) |
Link(s) |
1. |
Chapter 4 of Economic Survey 2020-21 Vol. II : Monetary Management and Financial Intermediation |
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2. |
RFP for Administration of Online Limited Insolvency Examination |
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3 |
In the matter of Phoenix Arc Private Limited Vs. Spade Financial Services Limited & Ors. (Civil Appeal No. 2842 of 2020 with 3063 of 2020) |
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4 |
Circular - Providing copy of application to the Board, as mandated under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019. |
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5 |
In the matter of Mr. Vijaykumar V Iyer, Insolvency Professional |
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6 |
Summary - Judgment dated 1st February, 2021 of the Hon’ble Supreme Court of India in the matter of Phoenix Arc Private Limited Vs. Spade Financial Services Limited & Ors. [Civil Appeal No. 2842 of 2020 with Civil Appeal No. 3063 of 2020] |
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7 |
The Insolvency and Bankruptcy Board of India organises a Workshop on “Committee of Creditors: An Institution of Public Trust” |
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8 |
In the matter of Phoenix ARC Pvt. Ltd. Vs. Ketulbhai Ramubhai Patel Civil Appeal No. 5146 of 2019 |
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9 |
In the matter of Mr. Sagar Dattatray Goge, Registered Valuer |
|
10 |
In the matter of Ramesh Kymal Vs. M/s Siemens Gamesa Renewable Power Pvt Ltd., Civil Appeal No. 4050 of 2020 |
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11 |
The Insolvency and Bankruptcy Board of India organises a Workshop on “Committee of Creditors: An Institution of Public Trust” |
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12 |
Corrigendum: RFP for Administration of Online Limited Insolvency Examination |
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13 |
IBBI organises training on insolvency for Indian Economic Service Officers |
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14 |
Order: Physical hearing by NCLT Benches w.e.f. 01.03.2021 |
14. MSME (Ministry of Micro, Small and Medium Enterprises)
1. MSME sector is the key to unlock India's economic growth
As part of the ET India Inc Boardroom series, panelists from the MSME sector were of the opinion that there is rapid growth of the online ecosystem and India has made significant infrastructure investments which will yield results in the time to come.
The MSME sector in India is one of many contradictions. On the one hand, it has access to the best technologies, but on the other, lack of technology keeps companies from reaching markets and achieving the scale they are capable of. While there are specialized agencies offering access to affordable finance, often, the lack of timely funding makes finance inaccessible and expensive.
2. MSME credit up on Govt guarantee
The highest year-on-year growth of 9% was seen in the category of small businesses with a loan exposure of between Rs 10 lakh to Rs 50 lakh.
According to TransUnion Cibil, the stimulus package announced by the government through ECLGS has helped credit demand and supply bounce back to pre-Covid levels.
According to TransUnion Cibil's report, credit to small businesses grew twice as fast as advances to large borrowers. "The on-balance sheet commercial lending exposure in India stood at Rs 71.3 lakh crore in September 2020 with year-on-year growth of 2.1%. MSME segment's credit exposure is Rs 19 lakh crore, showing year on year growth of 5.7% and this credit growth is observed across all the sub-segments of MSME lending.
Key Updates – for the month of February – 2021.
Sl. |
Particulars |
Link |
1 |
Skill Development fund and employment opportunities |
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2 |
People Patronize Monpa Handmade Paper of Tawang after PM’s push in Mann ki Baat |
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3 |
Budget 2021 lays the foundation for building an ‘Aatmanirbhar Bharat’ – Dr. MahendraNath Pandey |
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4 |
KVIC Distrubutes Charkha, Looms, Garment Machines to 2250 Artisans in West Bengal to Boost Local Employment |
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5 |
KVIC revives Assam’ oldest Khadi Institution vandalized by Bodo insurgents 30 years ago |
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6 |
Allocated funds for imparting of skill development training to the unemployed youth in the country |
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7 |
Coir Industry Set to Cross A New High in Fortunes Even Amidst Covid-19 |
|
8 |
SANKALP - To promote inclusive growth and strengthen District Skill Committees |
|
9 |
Highlights of Budget 2021-22 for MSME Sector |
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10 |
Impact of Budget 2021-22 on MSME Sector, with regard to Enhancing Competitiveness of MSME Products. |
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11 |
Big Boost to “Aatmanirbhar Bharat” & “Waste to Wealth”; Shri Nitin Gadkari Inaugurated Agabatti Stick Making Unit in Assam |
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12 |
MSME sector is the key to unlock India's economic growth |
|
13 |
MSME credit up on Govt guarantee |
|
14 |
New scheme for service exports with max sops for MSMEs proposed |
|
15 |
Rs 15,700 cr provided for MSME sector in Union Budget |
15. Competition Commission of India
Sl. |
Particulars |
Link |
1 |
CCI approves acquisition of Indo Gulf Fertilisers by Indorama India Private Limited. |
|
2 |
CCI approves acquisition of Indo Gulf Fertilisers by Indorama India Private Limited (IIPL) under Section 31(1) of the Competition Act, 2002PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. |
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3 |
Competition Commission dismisses complaint against Google |
|
4 |
328 appeals have been filed before NCLAT from decisions of CCI |
|
5 |
CCI approves subscription to securities of Ecom Express Private Limited by CDC Group plc. |
|
6 |
CCI approves acquisition by Bank of India (BOI) of BOI AXA Investment Managers Private Limited and BOI AXA Trustee Services Private Limited |
|
7 |
CCI approves acquisition by Siemens Healthineers Holding I Gmb (SHS GmbH) of Varian Medical Systems, Inc. (Varian) |
|
8 |
CCI approves acquisition of API Holdings Private Limited equity shareholding by CDPQ Private Equity Asia Pte. Ltd. |
|
9 |
CCI approves acquisition of Tata Communications Limited by Panatone Finvest Limited |
|
10 |
CCI approves various acquisition proposals by PGP Glass Private Limited |
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This article is updated till 28th February, 2021 with all Laws / Regulations and their respective amendments.
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Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.
Article Compiled By:-
Lalit Rajput,
Company Secretary,
Cell: +91 8802581290
Email: lalitrajput537@gmail.com
Website: http://enlightengovernance.blogspot.com/