Entries by Vinod Kothari Consultants

Consolidation of new ECB and Trade Credit framework: RBI issues Master Direction 2019

Vallari Dubey corplaw@vinodkothari.com Introduction With the backdrop of revision of various frameworks for raising funds outside India (other than by way of equity participation), RBI has issued the Master Direction – External Commercial Borrowings, Trade Credits and Structured Obligations on 26th March, 2019, in supersession of the existing Master Direction – External Commercial Borrowings, Trade […]

SEBI proposes to restructure the issuance of shares with DVRs

By Nikita Snehil and Shaifali Sharma | corplaw@vinodkothari.com Vinod Kothari & Company The basic principle behind the issuance of shares with differential voting rights, commonly known as ‘DVRs’ in India and dual class shares or ‘DCS’ in the international context, is to enable the companies to raise capital without dilution of control and decision-making power […]

Indefinite deferral of IFRS for banks: needed reprieve or deferring the pain?

Vinod Kothari (vinod@vinodkothari.com); Abhirup Ghosh (abhirup@vinodkothari.com) On 22 March, 2019, just days before the onset of the new financial year, when banks were supposed to be moving into IFRS, the RBI issued a notification[1], giving Indian banks indefinite time for moving into IFRS. Most global banks have moved into IFRS; a survey of implementation for […]

Should OCI be included as a part of Tier I capital for financial institutions?

India has been adopted International Financial Reporting Standards (IFRS) in the form of Indian Accounting Standards (Ind AS) in a phased manner since 2016. Different implementation schedules have been issued by different regulatory authorities for different classes of companies and they are: Ministry of Corporate Affairs – For non-banking non-financial companies – Implementation schedule started […]

Guidelines for Review of Loans and Investments by the Audit Committee

Team Vinod Kothari & Company corplaw@vinodkothari.com Background   Securities and Exchange Board of India (Listing Obligations and Disclosure Requirement) Regulations, 2015 (‘Listing Regulations’) as well as Companies Act, 2013 (‘Act, 2013’) specify the role of the audit committee and mandates the audit committee to mandatorily review certain matters. Among the matters to be reviewed by […]

Aadhaar Ordinance – Paving way for use of voluntary Aadhaar by Private Companies

By Simran Jalan (simran@vinodkothari.com) Introduction Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) & Anr. V. Union of India, W.P. (Civil) 494/2012 dated September 26, 2018[1] (‘Aadhaar Verdict’) partially quashed section 57 of the Aadhaar Act, which dealt with use of Aadhaar by private companies or bodies corporate. Pursuant to the Aadhaar verdict, […]