IFSC Banking Units allowed to deal in Structured Finance Products

– Kanakprabha Jethani | finserv@vinodkothari.com

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Full Day Workshop on Partnering in lending:

Loan sourcing, co-lending, transfer of loans, securitisation

Register here: https://forms.gle/Nq13Qf58uH3qge9D7

Venue: The Chancery Hotel, 10/6, Lavelle Road, Shanthala Nagar, Ashok Nagar, Bengaluru 560001 (location)

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Our upcoming workshops: https://vinodkothari.com/workshop-training/

Our resources:

Financial Services- https://vinodkothari.com/category/financial-services

Digital Lending- https://vinodkothari.com/?s=digital+lending

Finance Companies / Units in International Financial Services Centre (IFSC)

– Anirudh Grover, Executive | finserv@vinodkothari.com

Table of Contents

BackgroundIFSCA Framework for Finance Companies / Units Implications under FEMA
What are Finance Companies and Finance Units?Registration RequirementsAsset Side Transactions
What does a finance company/unit do?Owned Funds requirementCapital and Liabilities Side Transactions
Can they accept deposits?Corporate Governance AspectsDifference between Finance Company / Unit & NBFCs
Liquidity Risk Management (LRM) FrameworkConclusion

Background

International Finance Service Centre (IFSC) is a designated zone physically situated in India but is not considered a part of India. As the name suggests, it is a designated centre set up for the purpose of enabling international financial services, the key word here being international. The purpose is not only to bring global funds into the country but also facilitate such transactions through this zone which otherwise would have been carried out by foreign branches of domestic entities. This purpose is intended to be achieved through establishment of various businesses such as banking units, fund management entities, finance companies etc. We have discussed in depth about the concept of IFSCs along with the applicability of the domestic regulatory framework in our write-up Financial entities in IFSC: A primer.

The objective of this paper is to picture a comprehensive image of all the aspects of finance entities starting from what is meant by finance companies to all the regulatory exposure it has to bear while undertaking any kind of activities.

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Workshop on Insider Trading Framework for Mutual Funds

Click here to register for the workshophttps://forms.gle/hFtagsmfBMpcgkP28
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Read our article on “Mutual Fund units now under the net of insider trading regulations

Read our FAQs on “Insider Trading Framework for Mutual Funds

Our PIT Resource Centre can be accessed here

FAQs on Insider Trading Framework for Mutual Funds

– Team Corplaw | corplaw@vinodkothari.com

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Also read our article on “Mutual Fund units now under the net of insider trading regulations

Our PIT Resource Centre can be accessed here

Mutual Fund units now under the net of insider trading regulations

Effective November 1, 2024; numerous actionable for Asset Management Companies

Vinita Nair | Senior Partner, Vinod Kothari & Company

Updated as on October 23, 2024

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Refer to our related resources below:

  1. DPs to furnish periodic & continual disclosures for units of its own mutual fund to AMC
  2. FAQs on Insider Trading Framework for Mutual Funds
  3. Prohibition of Insider Trading – Resource Centre

Draft Master Direction on IT Governance, Risk, Controls and Assurance Practices

An analysis of its impact on NBFCs

– Team Finserv, Vinod Kothari Consultants | finserv@vinodkothari.com

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Our recent write-ups on financial services: https://vinodkothari.com/category/financial-services/

Financial entities in IFSC: A primer

– Parth Ved, Executive | parth@vinodkothari.com

Table of contents

BackgroundApplicability of Domestic Regulatory framework Regulatory framework in IFSC
What is IFSC?Companies Act, 2013IFSCA (Finance Company) Regulations, 2021
Purpose of setting up an IFSC Foreign Exchange Management Act, 1999Specific Frameworks for Aircraft Leasing and Ship Leasing
Who regulates IFSC?Income tax act, 1961IFSCA (Fund Management) Regulations, 2022
Is IFSC and GIFT City the same? Goods and Services TaxIFSCA (Banking) Regulations, 2020
Permission for setting up an entity in IFSCStamp dutyClosing remarks
Securities lawRelevant Links
Banking law

Background

Flow of funds, just like a river, not only enriches its destination but also benefits all the stops it passes through. Having a financial hub, a stopover which enables routing billions and billions of global funds on a daily basis can definitely prove resourceful. London, New York, Singapore are some of the globally recognised financial centres, and needless to say these locations are at the forefront of financial development. India too has tried to tap into this with the setting up of GIFT-IFSC in Gujarat, and has tried to position itself as the next big global hub for financial transactions.

Through this write-up, the author tries to explain the concept of International Financial Services Centre and the applicability of domestic regulatory framework on entities set up therein.

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Cryptocurrency – A Cautionary Tale for India

Recent Events in the Crypto-world and a Need for Regulatory Oversight

– Subhojit Shome (subhojit@vinodkothari.com)

Introduction

There are two recent events in the world of crypto that warranted this article – the first one, in order of chronology, fundamentally altered the way that a blockchain (the underlying ledger) for cryptocurrency validates transactions while the second exposed how a cryptocurrency, without underlying value, can be used to window dress a balance sheet and lure in investors.

The second incident, of course, refers to the FTX debacle that has received global media coverage and continues to grab headlines. The first event, Ethereum moving to ‘proof of stake’ consensus mechanism, however, may be a more obscure event to the public eye and likely to have caught the attention of only the hardcore crypto enthusiast, fintech departments of financial institutions and the financial stability divisions of financial market regulators and ministries.

This article, to all intents and purposes, is a ‘cautionary tale’ where we use these two events to explore how cryptocurrency, whether deliberately or inadvertently, may build a house of cards and there is an urgent imperative that regulators look beyond PML/ CFT issues, the ‘usual suspects’ when it comes to crypto, and delve into issues surrounding investor protection and market surveillance.

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