Volume 2 Issue No.10/2010 Lexspeak        April 2010
Thought for the day
Integrity is doing the right thing, even if nobody is watching.
News from the Govt

RBI

FDI

SEBI

MCA

Others
Articles

Sweat Equity Shares
Legal Term


Legal Term



De Minimus


Meaning
of minimum importance or trifling


Origin



Latin word


Usage
Essentially it refers to something or a difference that is so little, small, minuscule, or tiny that the law does not refer to it and will not consider it.

Statutory Compliance Chart


May 2010

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Reminders

 05 May– Excise Duty
Payment
 07 May– TDS/TCS Payment
 10 May– ExciseReturnMonthly
 15 May– PF Payment
 15 May– TDS-QuarterlyReturn
 20 May– PT Payment
 20 May– VAT Payment
 21 May– E.S.I.C. Payment
 31 May– Income Tax
Annual Salary Return


Rich bachelors should be heavily taxed. It is not fair that some men should be happier than others.


Hello
All,
The media is full of stories of greed, graft and grime
– unfortunately of both kinds of people – the so-called watchdogs (regulators) and the watched (regulated). Integrity has been brazenly sacrificed at the altar of fame and name. Well, we are glad that the long arm of law is finally catching up with the offenders and there is hope for good governance.

Along with the regulatory news updates from RBI, MCA, SEBI etc., this issue carries an article meant to demystify concepts of ESOP and Sweat Equity, over which two leading heads have rolled in the country over the last couple of weeks.

Do give us a feedback.

Click here to express yourself.

Sincerely,
Lex Valorem Team


New PE valuation norms for unlisted Cos
RBI has amended the valuation norms under the provisions of the Foreign Exchange Management Act (FEMA) for acquisition of stakes in unlisted Indian Companies by foreign private equity players by insisting on adopting the Discounted Cash Flow Method model.


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New pricing norms for issue of shares to non residents
The Reserve Bank of India (RBI) has issued Notification no. FEMA 205/2010-RB dated 7th April 2010 (Notification), which has amended the regulation in connection with pricing norms for issue of shares by an Indian company to a person resident outside India.



Download Notification


FCGPR Part B revised

The Reserve Bank of India conducted meetings with selected corporates with discuss the issues/ difficulties in filling FCGPR Part B and also to clarify the conceptual issues/definitions involved in FCGPR. Based on the suggestions received from corporate companies, the format of the FCGPR Part B has been slightly revised.



Download Attachment


Decision on FDI in LLPs likely soon

The inter ministerial departments comprising of Department of Industrial Policy and Promotion (DIPP), the Department of Economic Affairs and Ministry of Corporate Affairs (MCA) are engaged in consultation on allowing FDI in LLPs in sectors where 100 percent overseas investment is permitted through automatic route.



Read More


Reduction in time between opening closure of issue

SEBI has decided to reduce the time between issue and closure of listing to 12 working days from average 22 days.
….
Download Circular


New Regional Directorates of the Ministry of Corporate Affairs (MCA)

The Ministry of Corporate Affairs is in process of setting up of two more Regional Directorates (RDs) which would be set up in North Western Region in Gujarat (Ahmedabad) and another in North Eastern Region in Assam (Guwahati).


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CAs, CSs and CWAs told to report all suspicious fund transfers
The Home Ministry, through the Ministry of Corporate Affairs (MCA), has asked the ICAI, ICSI and the ICWAI to ensure that their members report directly to the Home Ministry, without any procedural policies, instances of suspicious fund movements in and out of companies. This is direct fallout of the raging controversy over FDI in the IPL Cricket tournament.


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Enhancement of wage ceiling limit under Employee State Insurance from Rs. 10,000 to Rs. 15,000

Ministry of Labour and Employment has issued a Notification amending the Employees’ State Insurance (Central) Rules, 1950 for enhancing wage ceiling for coverage under ESI Act, 1948 from Rs. 10,000/- to Rs. 15,000/- w.e.f. 1st May, 2010.



Download Notification


Sweat Equity Shares
In light of the controversial issue of sweat equity shares to certain beneficiaries by the sponsoring companies of IPL teams we thought it fit to include a write up on issue of sweat equity shares and ESOP. The article by Mr. Vivek Hegde and Divya Paras covers provisions under the Indian Companies Act and Income Tax Act.



Read More

Note: The contents
of this News Letter are only a summary and has not dealt with
any issue in detail. Any action taken or proposed to be taken
must be in consultation with professionals and not merely based
on the articles / news updates. Lex Valorem disclaims all
liability on action taken without professional advice
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