Workshop on Intricacies of Ind AS 109 for regulated lenders

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Workshop on Cashflow modelling and structuring Securitisation and pool transfers

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G20/OECD’s Corporate Governance Principles, 2023

Ankit Singh Mehar, Executive | corplaw@vinodkothari.com

The G20 leaders in the recent G20 Summit held on 8th -10th September,  2023, endorsed the revised ‘G20/OECD Principles of Corporate Governance’ (‘Revised Principles’). The Revised Principles replace the extant set of principles released in 2015 in light of the evolution in capital markets and global economy, following a review of the erstwhile principles over a period from 2021-2023. 

As stated in the Summit Declaration, the Revised Principles have been endorsed by the G20 leaders “with the aim to strengthen policy and regulatory frameworks for corporate governance that support sustainability and access to finance from capital markets, which in turn can contribute to the resilience of the broader economy.”

The Revised Principles, besides making alterations to the existing principles, also introduce two new chapters, viz., 

Chapter III – ‘Institutional investors, stock markets, and other intermediaries’ focussing on  engagement of institutional investors with the investee company, essential disclosure requirement and management of conflict of interest pursuant to exercise of their key ownership rights. 

Chapter VI – ‘Sustainability and resilience’ focussing on corporate governance policies for managing the risks and opportunities of sustainability and resilience 

Below we summarise the key highlights of the Revised Principles. 

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Taxability of Corporate Guarantees under GST

– Dayita Kanodia, Executive | finserv@vinodkothari.com

A person who can’t pay gets another person who can’t pay, to guarantee that he can pay.

Charles Dickens

Background

It is a common practice for companies to issue guarantees for loans taken by their group companies. When transactions happen between related parties, there is always a likelihood of them being not at arm’s length. 

Accordingly, this has led to questions that whether such corporate guarantees given without any consideration shall be liable to GST. A Supreme Court ruling issued earlier this year has clarified that corporate guarantees issued without any consideration shall not be liable to service tax. 

Therefore while the situation in case of levy of service tax has been clarified by the ruling, the same has led to a lot of ambiguities and questions for the levy of GST on such guarantees. This article aims to clarify the same.   

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REIT and InvIT unitholders with 10% aggregate holding get Board nomination rights

Avinash Shetty, Assistant Manager | corplaw@vinodkothari.com

Reporting of Fraud – Resource Centre

We, here at Vinod Kothari and Company, have curated all our materials and FAQs relating to fraud monitoring and reporting under Companies Act, 2013, SEBI Regulations and RBI Regulations to provide a single point access to our various resources. This page is intended to be a one stop solution to all your queries regarding the same. Hope that the readers find it useful.

DateTitle Author Link
July 17, 2024Revamped Fraud Risk Management Directions: Governance structure, natural justice, early warning system as key requirementsTeam Finservhttps://vinodkothari.com/2024/07/revamped-fraud-risk-management-directionsgovernance-structure-natural-justice-early-warningsystem-as-key-requirements/
September 12, 2023FAQs on Reporting of FraudTeam Corplaw & Finservhttps://vinodkothari.com/2019/11/faqs-on-fraud-reporting/
April 14, 2023Classification of fraud and reporting Rhea Shahhttps://vinodkothari.com/2023/04/
classification-of-fraud-and-reporting/
March 31, 2022Guidelines on Reporting and Monitoring of Frauds in Housing Finance Companies Team Finservhttps://vinodkothari.com/2019/02/february-7-2019/
February 07, 2019Actionables under the Fraud Reporting Framework for HFCsTeam Finservhttps://vinodkothari.com/wp-content/uploads/2019/02/
Actionables-under-the-Fraud-Reporting-Framework-for-HFC.pdf
February 19, 2016Fraud reporting by NBFCs: RBI revised the threshold limitNidhi Parmarhttps://vinodkothari.com/wp-content/uploads/2017/03
/Fraud_reporting_by_NBFCs-1.pdf
July 09th, 2016Centralized Reporting of FraudsAmeet Royhttps://vinodkothari.com/wp-content/uploads/2017/
03/Centralized_reporting_of_frauds-1.pdf
February 17th, 2016
Fraud Reporting – Time To Act Now!Arundhati Bosehttps://vinodkothari.com/wp-content/uploads/2017
/03/Fraud_Reporting_Time_To_Act_Now-1.pdf
May 07th, 2015Fraud Reporting Framework – A systematized way to detect fraudNidhi Bothra & Shruti Agarwalhttps://vinodkothari.com/wp-content/uploads/
2015/05/Article_Fraud_Reporting_Framework.pdf
January 25th, 2015
New registry and revised framework to monitor fraudsAbhirup Ghosh https://vinodkothari.com/wp-content/uploads/2017/03/New_registry_and_revised_framework_to_monitor_fraud-1.pdf
September 20, 2014Practical guide to Fraud Reporting Esha Chakrabortyhttps://vinodkothari.com/wp-content/uploads/2017/03/A-Practical-Guide-to-Fraud-Reporting.pdf
March 07, 2014Financial Frauds in India – An enquiry into their causes and curesVinod Kotharihttps://vinodkothari.com/wp-content/uploads/2017/03/Financial_frauds_in_India.pdf
October 19, 2013Little-noted provision of Companies Act 2013 gives NBFCs parity with banksVinod Kotharihttps://vinodkothari.com/wp-content/uploads/2014/01/Little-noted_provision_of_Companies_Act_2013_gives_NBFCs_parity_with_banks_19th_October_2013.pdf

Responsible Lending Conduct – Release of Movable/Immovable Property Documents on Repayment/Settlement of Personal Loans

– Eliza Bahrainwala & Shreshtha Barman, finserv@vinodkothari.com

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Our resources related to the topic:

  1. FAQs on Penal Charges in Loan Accounts
  2. Penal charges not a cash-cow for lenders

Investment valuation norms for banks: RBI aligns rules with global accounting standards

– Vinod Kothari | vinod@vinodkothari.com

Vide a 12th Sept notification, the RBI has brought in Master Directions for Classification, Valuation and Operation of Investment Portfolio of Commercial Banks. The new norms bring the accounting and valuation of investments by banks closer to global accounting standards.

While the apparent focus of these Directions would have been valuation of investment portfolios, however, the Directions may also impact investment policies and investment operations  of banks as well.

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CSR spending in the Indian sports sector

-Shreya Salampuria | corplaw@vinodkothari.com

Background

Corporate social responsibility (CSR) spending in India, as is well known, is focused on certain statutorily recognised social activities, of which sports is one. Schedule VII, clause (vii) deals with activities related to “training to promote rural sports, nationally recognised sports, paralympic sports and olympic sports”.

Most of the attention under the schedule is taken away by contribution on activities connected with healthcare followed by education.

Khelo India, Kheloge toh Khiloge, an attempt to improve the performance of our vast country in sports, however, can we tap csr funds for the same?

When it comes to choosing or prioritizing the sports related activities, the outlook of the Indian companies cannot be said to be very impressive, however,  there has been an increment on the CSR spending under the sports sector.

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SEBI proposes to ease Delisting process | Consultation Paper On Review Of Voluntary Delisting Norms

– Avinash Shetty, Assistant Manager | corplaw@vinodkothari.com

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Related Resources on the topic:

  1. Easing Delisting of Equity Shares