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Saturday, April 5, 2008

SEBI Revision in Fees&changes in Depositories&Participants Regulations&Cos(AS) amendment rules,2008

Securities And Exchange Board of India (Payment of Fees) (Amendment) Regulations, 2008 dated 31/03/2008 which is applicable with effect from 1st April 2008.

Yes....SEBI has revised its fee structure under various regulations, its very clearly explained in the SEBI circular itself http://thisisvj.googlepages.com/SebiCircular.pdf

Now, through SEBI (Depositories and Participants) (Amendment) Regulations, 2008 dated 17/03/2008, the following amendments were made in Regulation 7 (i.e) Grant of Certificate of Registration:
1. In Regulation 7(d), the balance of the equity capital of the depository shall be held by its participants is DELETED, so only condition being "the sponsor shall, at all times, hold at least fifty-one per cent. of the equity share capital of the depository;”
2. The meaning of foreign entity and their Minimum Holding in equity of Depository as given in Regulation 7(e) is DELETED and in lieu of which, the following is inserted under R-7
"(ea) no person other than a sponsor, whether resident in India or not, shall at any time, either individually or together with persons acting in concert, hold more than five per cent of the equity share capital in the depository;
Explanation: For the purposes of this clause, -
(i) the expression “person resident in India” shall have the meaning assigned to it in clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(ii) the expression “persons acting in concert” shall have the meaning derived from clause (e) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997;
(eb) the combined holding of all persons resident outside India in the equity share capital of the depository shall not exceed, at any time, forty-nine per cent of its total equity share capital, subject further to the following:-
(i) the combined holdings of such persons acquired through the foreign direct investment route is not more than twenty six per cent of the total equity share capital, at any time;
(ii) the combined holdings of foreign institutional investors is not more than twenty three per cent of the total equity share capital, at any time;
(iii) no foreign institutional investor acquires shares of the depository otherwise than through the secondary market;
(ec) no foreign institutional investor shall have any representation in the Board of Directors of the depository;”

Also have a look @ Companies (Accounting Standards) Amendment Rules, 2008 in http://www.mca.gov.in/MinistryWebsite/dca/notification/pdf/Companies_Acct_Std_Amendment_Rules_2008.pdf

Keep Updatin...Vj

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