SEBI updates

Tuesday, 9 August 2016

SEBI updates

   Revised Formats for Financial Results and Implementation of Ind-AS by Listed Entities


SEBI Circular:

Circular No: CIR/CFD/FAC/62/2016 dated July 5, 2016

Applicability:

To All Listed Entities

Crux of the Circular

The circular mainly covers the following:

a.    Revision in the formats of financial results
b.    Implementation of Ind – AS
c.    Relaxation in the timeline and format of submitting the financial results for a limited period
d.   Clarification on issues related to Ind – AS implementation

Highlights of the circular

The following are the broad highlights of the circular

i.             The unaudited/ audited financial results of the company shall be presented in compliance with the AS providing minimum information: Segment revenue, results, assets and liabilities, along with the Ind- AS compliant financial results till the period ended December 31,2016.

ii.            Limited review/ audit of the same is not mandatory for the quarter/ period ended June 30, 2016 and September 30, 2016.

iii.           The unaudited/ audited financial results of the company along with the respective annexure in the prescribed format for the period ended June 30, 2016 shall be submitted by September 14, 2016 and for the period ended September 30, 2016 shall be submitted by December 14, 2016. Also, the financials shall be published in the prescribed format

iv.          For the period ended September 30, 2016 the Ind AS compliant financials has to be provided for the corresponding year to date and for the quarter ended September 30, 2016.

v.            While submitting the results for the period ended June 30, 2016 and September 30, 2016, the submission of the compliant financial results for the respective previous year is not mandatory

However, management has to disclose that it has exercised adequate due diligence to ensure that the financial results provide a true and a fair view of its affairs.

vi.          If a company chooses to provide the financial results in compliance with Ind AS then limited review or audit is mandatory

vii.         The company can opt for submission of consolidated financial results in the second quarter instead of first quarter

viii.        Unaudited/ audited financial results for the period/ quarter ended on or after March 31, 2017 shall be presented in the revised format.

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SEBI updates for the month of June 2016



      Clarification regarding grandfathering of ODI issuers and modification of replies of FAQ 70 and FAQ 71 of SEBI FAQs to SEBI (FPI) Regulations, 2014

SEBI Circular:

Circular No: CIR/IMD/FPI&C/61/2016 dated June 29, 2016

Applicability:

To All Foreign Portfolio Investors
Through their Custodians of Securities/DDPs

Crux of the Circular
-    
   SEBI has published clarifications to certain queries raised by the Foreign Portfolio Investors issuing ODIs
-        
    In this regard the replies given to the question no 70 and 71 of SEBI FAQs to SEBI (FPI) Regulations, 2014 shall stand modified and this circular shall be effective from August 2016
-    
       Query 1: ODIs have been issued to unregulated funds under the FII Regulations. Whether these ODI positions can continue under the FPI regime? Whether the existing ODI subscribers can continue to subscribe to ODIs?
Clarification:
o   The ODI subscribers who have subscribed to ODIs under FII Regulations can continue to subscribe to ODIs under the FPI regime, subject to comply with Regulation 22 of SEBI FPI Regulations, 2014 and meet the eligibility criteria as laid down in the SEBI circular CIR/IMD/FIIC/20/2014 dated November 24, 2014 along with other norms which may be notified by SEBI from time to time.
o   Those ODI subscribers who do not meet the aforementioned norms, including unregulated funds whose investment manager is appropriately regulated, can continue to hold the position till the date of expiry of such positions or till December 31, 2020, whichever is earlier. Such subscribers cannot take fresh positions or renew the old positions.
-      Query 2: Whether an ODI issuer can issue ODIs to existing entities, which were registered as clients but did not have positions as on January 07, 2014?

Clarification:
o   Fresh ODIs can be issued to those entities which comply with SEBI circular CIR/IMD/FIIC/20/2014 dated November 24, 2014 along with other conditions that may be notified by SEBI from time to time read along with Regulation 22 of SEBI FPI Regulations, 2014
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