Statutory Compliance Calendar for October, 2021

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CS Lalit Rajputhttp://enlightengovernance.blogspot.com/
Company Secretary having 5 years of post-qualification experience in the Compliance Management Services industry by serving Corporates including Listed Companies, Corporate Secretarial Firms, and LLP.

About ARTICLE:

This article contains various Compliance requirements for the Month of October, 2021 under various Statutory Laws.

Compliance requirement under Income Tax Act, 1961

Sl. Compliance Particulars Due Dates
1 Due date of depositing TDS/TCS liabilities under Income Tax Act, 1961 for previous month. 07.10.2021
2. Due date deposit of TDS for July-Sep. 2021 u/s section 192, 194A, 194D or 194H. 07.10.2021
3 Due date for deposit of Equalization Levy for the month of September, 2021. 07.10.2021
4 Due date for issue of TDS Certificate for tax deducted under section 194-IA, 194-IB and194M in the month of September 2021. 15.10.2021
5 Due date of furnishing of Form 24G by an office of the Government where TDS/TCS for the month of September, 2021 has been paid without the production of a challan. 15.10.2021
6 Quarterly statement of TCS deposited for the quarter ending September 30, 2021. 15.10.2021
7 Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of August, 2021. 15.10.2021
8 Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194-IM, in the month of September, 2021. 30.10.2021
9 Quarterly TCS certificate (in respect of tax collected by any person) for the quarter ending September 30, 2021. 30.10.2021
10 Intimation by a designated constituent entity, resident in India, of an international group in Form no. 3CEAB for the accounting year2020-21. 31.10.2021
11 Quarterly statement of TDS deposited for the quarter ending September 30, 2021. 31.10.2021
12 Payment of tax under Direct Tax Vivad se Vishwas Act, 2020 with additional charge. 31.10.2021
  • Income Tax Due Date – Extensions
Sl. Nature of Extension Provisions / Forms of IT Act 1961 Original Due Date Extended Due Date
1 The application in Form No. 10A/ Form No.10AB, for registration/ provisional registration/ intimation/ approval/ provisional approval of Trusts/ Institutions/ Research Associations etc., Under Section 10 (23C), 12AB, 35 (1) (ii) / (iia) / (iii) and 80G of the Act 30.06.2021 31.03.2022
2 The Quarterly Statement in Form No. 15CC to be furnished by authorized dealer in respect of remittances made for the quarter ending on 30th June, 2021 Form No. 15CC 30.06.2021 31.12.2021
3 The Quarterly statement in Form No. 15CC to be fumished by authorized dealer in respect of remittances made for the quarter ending on 30 September, 2021 15.10.2021 31.12.2021
4 The Equalization Levy Statement in Form No. 1 for the Financial Year 2020-21 Form No. 1 30.06.2021 31.12.2021
5 Intimation by a constituent entity, resident in India, of an international group, the parent entity of which is not resident in India for the purposes of section 286 (1) Form No.3CEAC 30.11.2021 31.12.2021
6 Report by a parent entity or an alternate reporting entity or any other constituent entity, resident in India, for the purposes of section 286 (2) / 286 (4) Form No.3CEAD 30.11.2021 31.12.2021
7 Intimation on behalf of an international group for the purposes of the proviso to sub-section (4) of section 286 of the Act Form No.3CEAE 30.11.2021 31.12.2021
8 Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending 30th June, 2021 Form No. 15G/15H 15.07.2021 30.11.2021
9 Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending 30th September, 2021 Form No. 15G/15H 15.10.2021 31.12.2021
10 Intimation to be made by Sovereign Wealth Fund in respect of investments made by it in India in Form II SWF for the quarter ending on 30th June,2021, Form II SWF 31.07.2021 30.11.2021
11 Intimation to be made by Sovereign Wealth Fund in respect of investments made by it in India in Form II SWF for the quarter ending on 30th September,2021 Form II SWF 31.10.2021 31.12.2021
12 Intimation to be made by a Pension Fund in respect of each investment ) made by it in India in Form No. 10BBB for the quarter ending on 30th June,2021 Form No. 10BBB 31.07.2021 30.11.2021
13 Intimation to be made by a Pension Fund in respect of each investment (11) made by it in India in Form No. 10BBB for the quarter ending on 30

September, 2021

Form No. 10BBB 31.10.2021 31.12.2021
  • Importatnt updates – September, 2021:

1. Income tax refunds of Rs 80,086 cr issued during this fiscal: CBDT

Refunds amounting to more than Rs 80,000 crore have been issued to the taxpayers during the current financial year, the CBDT said.

The Central Board of Direct Taxes (CBDT) frames policy for the Income Tax Department. This figure includes income tax refunds of Rs 19,699 crore in 47,53,254 cases and corporate tax refunds of Rs 60,387 crore in 1,63,021 cases.

2. ITR filing due date for AY 2021-22 extended! Check new deadline to file income tax return

CBDT has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22.

Keeping in view the difficulties reported by taxpayers and other stakeholders in filing of Income Tax Returns as well as the various reports of audit for the Assessment Year 2021-22 under the Income-Tax Act, 1961, the Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22.

  • The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st July, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th September, 2021, is now further extended to 31st December, 2021.
  • The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, as extended to 31st October, 2021, is now further extended to 15th January, 2022.
  • The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 is now further extended to 15th February, 2022.
  • The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 is now further extended to 28th February, 2022.
  • Important Notifications – For the month of September – 2021:
Sl. Particulars of the Notification(s) File No. / Circular No. Link(s)
1. Order under section 119(2)(b) of the Income Tax Act, 1961 for filing applications for settlement before the Interim Board for Settlement F. No. 299/22/ 2021 -Dir (Inv. III)/174 Click Here
2. ​Processing of returns claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases F. No. 225/98/2020 – ITA-II Click Here
3. The Income-tax (31st Amendment) Rules, 2021 Notification No. 118/ 2021 Click Here
4. The Income-tax (30th Amendment) Rules, 2021 Notification No. 117 /2021 Click Here
5. Extension of time lines for electronic filing of various Forms under the Income-tax Act, 1961 Circular No. 16 /2021 Click Here
6. Notification No. 94/2021 [F.No.IT(A)/01/2020-TPL (Part-I)-(Part- I)] / S.O. 3536(E) Notification No. 94/2021 Click Here
7 The Income-tax (25th Amendment) Rules, 2021 Notification No. 95/2021 Click Here
8 Constitution of Board for Advance Rulings under the section 245-OB Income-tax Act, 1961 Notification No. 96/2021 Click Here
9 Notification of the appointed date to give effect to the amendments made by the Finance Act, 2021 to the Chapter XIX-B of the Income tax Act, 1961 Notification No. 97/2021 Click Here
10 Notification No. 98/2021 [F. No. 370142/11/2021-TPL] / SO 3595(E) Notification No. 98/2021 Click Here
11 The Income-tax (26th Amendment) Rules, 2021 Notification No. 99/2021 Click Here
12 the Central Government hereby notifies for the purposes of the said clause, ‘District Mineral Foundation Trust’ Notification No. 103/ 2021 Click Here
13 Extension of time lines for filing of Income-tax returns and various reports of audit for the Assessment Year 2021-22- reg. Circular No. 17/2021 Click Here
14 The Income-tax (26th Amendment) Rules, 2021 Noti. No. 101/ 2021 Click Here
15 The Income-tax (26th Amendment) Rules, 2021 – CORRIGENDUM Notification No. 102 /2021 Click Here
16 Income Tax Department conducts searches in Ahmedabad Release ID: 1753861 Click Here
17 CBDT extends due dates for filing of Income Tax Returns and various reports of audit for Assessment Year 2021-22 Release ID: 1753603 Click Here
18 e-Filing portal of the Income Tax Department – updates Release ID: 1753272 Click Here
19 The Income-tax (29th Amendment) Rules, 2021. Notification No. 109/ 2021 Click Here
20 The Central Government hereby specifies the pension fund Notification No. 111/ 2021 Click Here

Compliance Requirement under GST, 2017

Filing of GSTR –3B

A. Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY

Tax period Due Date No interest payable till Particulars
September, 2021 20th October,

2021

Due Date for filling GSTR – 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year

B. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)

Tax period Due Date No interest payable till Particulars
September, 2021 22nd October,

2021

Due Date for filling GSTR – 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep

C. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)

Tax period Due Date No interest payable till Particulars
September, 2021 24th October,

2021

Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi

D. Filing Form GSTR-1:

Tax period Due Date Remarks
Monthly return

(September, 2021)

11.10.2021 GST monthly return for the month of September, 2021 (GSTR 1) applicable for taxpayers with Annual Aggregate Turnover more than 1.50 Crore.

GST monthly return for the month of September, 2021 (GSTR 1) applicable for taxpayers with Annual Aggregate turnover less than 1.50 Crore and opted to file monthly Return.

Quarterly Return

(July-September Quarter 2021)

13.10.2021 Due Date of GSTR-1 for tax period July-September Quarter 2021.

E. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers

Form No. Compliance Particulars Timeline Due Date
GSTR-5 & 5A Non-resident ODIAR services provider file Monthly GST Return 20th of succeeding month 20.10.2021
GSTR -6 Every Input Service Distributor (ISD) 13th of succeeding month 13.10.2021
GSTR -7 Return for Tax Deducted at source to be filed by Tax Deductor 10th of succeeding month 10.10.2021
GSTR -8 E-Commerce operator registered under GST liable to TCS 10th of succeeding month 10.10.2021

F. GST QRMP monthly return

Form No. Compliance Particulars Timeline Due Date
Details of outward supply-IFF GST QRMP monthly return due date for the month of September, 2021 (IFF). Applicable for taxpayers with Annual aggregate turnover up to Rs. 1.50 Crore. 13th of succeeding month 13.10.2021

G. GST Refund:

Form No. Compliance Particulars Due Date
RFD -10 Refund of Tax to Certain Persons 18 Months after the end of quarter for which refund is to be claimed
  • Other Returns:
Form No. Compliance Particulars Timeline Due Date
CMP-08 Statement- cum- challan to declare the details or summary of his/ her self-assessed tax payable for a given quarter. July-September Quarter 2021 18.10.2021
GST return for pending Period-Amnesty Scheme Filing of Pending GST return with reduced penalty under Amnesty Scheme July, 2017 to April, 2021 From 01.6.2021 to 30.11.2021

(earlier due date was 31.08.2021)

Major Update:

  • Due date for filing of revocation application for cancelled registrations has been extended up to 30th Sept. 2021, for the cases where application due dates were falling between 1st Mar, 2020 & 31st Aug, 2021. More details in “News & Updates”
  • The taxpayers, who have registered at GST portal but have not yet furnished their Bank Account details, are required to update it at GST Portal through non-core amendment, within 45 days of first login henceforth.
  • Key UPDATE(s):

1. ‘No GST input tax credit on CSR expense’

he Gujarat bench of the Authority for Advance Rulings (AAR) recently held that corporate social responsibility (CSR) activities under the Companies (CSR Policy) Rules are excluded from the normal course of business. Its ruling came in a case where the applicant was a private limited company, Adama India. The AAR said Adama India would not be eligible for input tax credit (ITC) under goods and services tax (GST) laws.

If this ruling is followed by GST authorities during assessments, it will be a big blow to India Inc which, in the backdrop of the pandemic, has spent heavily on CSR activities, such as providing medical relief by way of oxygen concentrators & sanitisers, to name a few instances.

This is another classic case of divergent views on the same issue taken by two different benches of the AAR. In its edition of April 8, TOI had covered the ruling given by the Uttar Pradesh (UP) bench in the case of Dwarikesh Sugar Industries. In this case, the AAR bench had held that CSR expenditure is incurred by a company to comply with its legal obligations under the Companies Act. Thus, the GST paid by the company on the products it purchased for its CSR-related expenditure could be set off against its GST liability (this is referred to as ITC). It submitted that CSR expenses were mandatory, thus, they were incurred in the course and furtherance of business. Therefore, it should be eligible for ITC. However, the Gujarat AAR bench disagreed with this contention. It went further and pointed out that the ruling given by the UP AAR bench was not binding on it. AAR rulings are binding only on the applicant and the relevant GST officials.

  • GST UPDATES from 01.09.2021 to 30.09.2021:
Sl. Notification Particulars Notification No. Link (s)
1. Advisory for Taxpayers regarding Generation of EWB where the principal supply is Supply of services. GSTN Circular No. 504 Click Here
2. On demand fetching of Bill of Entry details from ICEGATE Portal GSTN Circular No. 505 Click Here
3. Seeks to make amendments (Eighth Amendment, 2021) to the CGST Rules, 2017. 35/2021-Central Tax dated 24.09.2021 Click Here
4. Seeks to amend Notification No. 03/2021 dated 23.02.2021. 36/2021-Central Tax dated 24.09.2021 Click Here
5. Clarification on doubts related to scope of “Intermediary” 159/15/2021-GST Click Here
6 Clarification in respect of certain GST related issues || Corrigendum Circular No. 160/ 16/2021-GST Click Here
7 Clarification relating to export of services-condition (v) of section 2(6) of the IGST Act 2017 161/17/2021-GST Click Here
8 Clarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification No. 34/2021-Central Tax dated 29th August, 2021 158/14/2021-GST Click Here
9 Date for filing application for revocation of cancellation of registration extended GSTN Circular No. 503 Click Here
10 New functionality on Annual Aggregate Turnover (AATO) deployed on GST Portal for taxpayers. GSTN Circular No. 492 Click Here
11 Implementation of Rule-59(6) on GST Portal GSTN Updates 500 Click Here
12 Advisory on HSN and GSTR-1 Filing GSTN Updates 501 Click Here
13 Date for filing application for revocation of cancellation of registration extended GSTN Updates 503 Click Here
14 Seeks to make seventh amendment (2021) to CGST Rules, 2017. 32/2021-Central Tax dated 29.08.2021 Click Here
15 Seeks to extend FORM GSTR-3B late fee Amnesty Scheme from 31.08.2021 upto 30.11.2021. 33/2021-Central Tax dated 29.08.2021 Click Here
16 Seeks to extend timelines for filing of application for revocation of cancellation of registration to 30.09.2021, where due date for filing such application falls between 01.03.2020 to 31.08.2021, in cases where registration has been canceled under clause (b) or clause (c) of section 29(2) of the CGST Act. 34/2021-Central Tax dated 29.08.2021 Click Here
17 Webinars on ‘Functionality to fetch BoE details by Taxpayers’. GSTN Circular No. 506 Click Here
18 Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by GST Council in its 45th meeting held on 17.09.2021. 06/2021-Central Tax (Rate), dt. 30-09-2021 Click Here
19 Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to implement recommendations made by GST Council in its 45th meeting held on 17.09.2021. 07/2021-Central Tax (Rate), dt. 30-09-2021 Click Here
20 Seeks to amend notification No. 1/2017- Central Tax (Rate) 08/2021-Central Tax (Rate) ,dt. 30-09-2021 Click Here

Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;

Due Dates Compliance Particulars Forms / Filing mode
Within 180 Days From The Date Of Incorporation Of The Company

(one time compliance only)

As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC. MCA E- Form INC 20A

(one time compliance)

First declaration within 90 days from the date of notification Dt. 08.02.2019

 

 

A person having Significant beneficial owner shall file a declaration to the reporting company

link: Click here

i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019

In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.

Form BEN-1

Draft Format available at

LINK

within 30 days of acquiring beneficial interest Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018.

(the date of receipt of declaration in BEN-1 )

CLICK HERE

 

Form BEN – 2

(e-form deployed by  Ministry (ROC)) on 01.07.2019

Annual Compliance

(30.09.2021)

*DIN KYC through DIR 3 KYC Form is an Annual Exercise.

Last date for filing DIR-3 KYC for Financial year 2020-21 is 30th September, 2021

 

Annual Exercise: CLICK HERE

Penalty after due date is Rs. 5000/-(one time)

 

E-Form DIR – 3 KYC

(Web Based and E-form)

 

Within 270 days from the date of deployment of this Form Annual Return To Be Filed By Auditor With The National Financial Reporting Authority

CLICK HERE

CLICK HERE

Click Here

Note on NFRA -2 Click Here

NFRA-2

(NFRA-2 e-Form live since 9th December 2019.)

Within 15 days of appointment of an auditor. The Ministry in its General Circular No. 12/2018 dated 13th December, 2018 clarified that filing of Form NFRA-1 is applicable only for Bodies Corporate and ruled out filing by Companies as defined under sub-section (20) of Section 2 the Act. E – Form

NFRA -1

Within 30 days of the board meeting Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed. MGT-14

 (Filing of resolution with MCA)

Within 60 (sixty) days from the conclusion of each half year. Reconciliation of Share Capital Audit Report (Half-yearly)

Pursuant to sub-rule Rule 9A (8) of  Companies (Prospectus and Allotment of Securities) Rules, 2014

To be filed all unlisted companies, deemed public companies

Till further clarification to be filled in GNL-2

E-Form PAS – 6
(Half Yearly basis)

31.10.2021

Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise E-Form MSME-1
One Time compliances Registration of Entities for undertaking CSR activities         – Trust/ Society/ Section 8 Company need to file before Acceptance of Donation as CSR w.e.f. 01st April 2021 E-Form CSR-1
  • LLP Compliance:

Applicable Laws/Acts Due Dates Compliance Particulars Forms / Filing mode
LLP Act, 2008 30.10.2021 Statement of Account and Solvency for Financial Year 2020-21

Within 30 days from the end of 6 months of the financial year to which the statement relates.

Form LLP-8
  • Due dates of ROC Return Filings
Sl. No. Particulars Due Date E- Form
1 Appointment of Auditor Within 15 days from the conclusion of AGM ADT-1
2 Filing of financial statement and other documents with the ROC Within 30 days from the conclusion of the AGM, other than OPC

(In case of OPC within 180 days from the close of the financial year)

AOC-4
3 Filing of annual return by a company. Within 60 days from the conclusion of AGM MGT-7
4 Filing of annual return by a company. Within 60 days from the conclusion of AGM

Applicable in respect of Annual Return for the F.Y. 2020-21 and onwards of OPC and small companies.

MGT-7A
  • KEY UPDATES – September, 2021:

1. MCA extends due date for AGMs by two months

Companies get till end November to hold AGM for financial year 2020-21

In what could come as some respite for companies, especially small and medium ones, the Ministry of Corporate Affairs (MCA) has extended the due date for holding annual general meetings (AGMs) for the financial year 2020-21 by two months.

This extension would mean that companies now have time till the end of November 2021 to hold the AGM. Under company law, corporates are required to hold AGM within six months from the date of completion of financial year — i.e September 30.

This latest MCA move comes in the wake of representations received by the Ministry seeking extension of time for holding of AGM for FY21.

  • Important Updates – September, 2021
    • MCA Monthly UPdate Calendar: September, 2021
Sl. Particulars of the Circulars Link
1 Public Notice U/s.75 of LLP Act, 2008 read with Rule 37(2) of the LLP Rules, 2009 Click Here
2 Invitation of Claims – in the matter of M/S. Magnum Intergrafiks Private Limited (in Liquidation) issued by the Official Liquidator Bengaluru Click Here
3 Workshop on “Competition Issues in the Pharmaceutical Sector in India’ Click Here
4 Accounting standards and special courts to be created for LLPs: MCA Click Here
5. CSR credit has to be used in 3 years: MCA Click Here
6. Engagement of Young Professional-I (YP-I) in Ministry of Corporate Affairs on contract basis Click Here
7 Public Notice U/s.75 of LLP Act, 2008 read with Rule 37(2) of the LLP Rules, 2009 Click Here
8 In the matter of Birla Power Solutions Ltd. Click Here
9 Don’t appoint CAs as part-time members of authority, NFRA tells ministry Click Here
10 Financial literacy: MCA wants educational institutions, industry bodies to shoulder responsibility Click Here
11 OYO increases authorised share capital to ₹901 crores – The increase was approved in a September 1 extraordinary general meeting held over video conferencing. Click Here
12 LLP Act amendments to help entities shift from unorganised to organised biz: More than 2.15 lakh LLPs were active in the country at the end of July 31. Over 74 per cent of them were in the services sector, followed by industry and agriculture. Click Here
13 The Chartered Accountants (Election to the Council) Amendment Rules, 2021 Click Here
14 Extension of period of the Company Law Committee Click Here
15 AGM Extension orders issued by various ROC’s Click Here
16 MCA extends due date for AGMs by two months – till the end of November 2021. Click Here

Compliances under FEMA / RBI

Applicable Laws/Acts Due Dates Compliance Particulars Forms / (Filing mode)
FEMA ACT 1999 15 July every year

(Due date was extended by 31st July, 2021)

Annual Return on Foreign liabilities and assets.

The FLA return is required to be submitted by the companies who have received Foreign direct investment (FDI) and/or made Foreign direct investment abroad in the previous year(s) including the current year

FLA Return through Flair Portal:

Click Here

FEMA ACT 1999 Monthly Basis External Commercial Borrowings

Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’.

ECB 2 Return
FEMA ACT 1999 Not later than 30 days from the date of issue of Capital instrument FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India. Form FC-GPR
FEMA ACT 1999 With in 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier. Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS.

The onus of reporting shall be on the resident transferor/ transferee.

Form FC-TRS.
FEMA ACT 1999 within 30 days from the date of receipt of the amount of consideration. A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1 Form FDI LLP-I
FEMA ACT 1999 within 60 days from the date of receipt of funds in A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non resident (or vice versa) Form FDI LLP-II
FEMA ACT 1999 within 30 days from the date of allotment of capital instruments The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts Downstream statement -Form DI & reporting at FIFP too

Entities which are filing FLA return for the first time/ with revised UIN (Unique identification number) are required to register themselves first for generating login credentials and afterwards they can file FLA return. However, the entities which have already registered earlier may submit FLA-2021 using their earlier login credentials.

  • Important Updates, September-2021:

1. RBI’s new auto-debit rules to set in from October 1, 2021: Things to know

Under the new norms, banks will be required to inform customers in advance about recurring payment due and transaction would be carried following nod from the customer

  1. There will be no automatic recurring payments for services like recharge, utility bill as the additional factor of authentication (AFA) has now become mandatory. However, non-readiness of some of the players had forced the RBI to extend the deadline on recurring payment till September 30. As per the guidelines, banks will send a one-time password (OTP) to customers for payments above Rs 5,000.
  2. “Customers are instructed to watch for email, SMS communication from the bank. OTP will be sent for additional authentication for payments over Rs 5,000 if the preset standing instruction is non-compliant with new RBI rules,” said a bank manager at State Bank of India.
  3. Banks will send customers a debit notification with the amount and name of the merchant 24 hours before each payment. The notification will contain a link that will allow users to modify or cancel the payment or the mandate. If they take no action, the transaction will be carried out as usual.
  4. If in case the bank has failed to communicate with customers, then customers should be proactive in many payments directly to merchants to avoid defaults.
  • RBI Circulars / Notifications: September, 2021
Sl. Particulars of the Circulars Link
1 Review of incentive and other measures to enhance distribution of coins Click here
2 Enhancements to Indo-Nepal Remittance Facility Scheme Click here
3 Master Directions on Prepaid Payment Instruments (PPIs) Click here
4 Guidelines on Compensation of Whole Time Directors/ Chief Executive Officers/ Material Risk Takers and Control Function staff – Clarification Click here
5 Master Direction on Financial Statements – Presentation and Disclosures Click here
6 RBI releases data on ECB/FCCB/RDB for July 2021 Click here
7 RBI releases ‘Quarterly Statistics on Deposits and Credit of SCBs: June 2021’ Click here
8 Sectoral Deployment of Bank Credit – July 2021 Click here
9 All India Debt & Investment Survey NSS 77th round (January – December, 2019) Click here
10. Large Exposures Framework – Credit Risk Mitigation (CRM) for offsetting – non-centrally cleared derivative transactions of foreign bank branches in India with their Head Office Click here
11. Tokenisation – Card Transactions: Permitting Card-on-File Tokenisation (CoFT) Services Click here
12 RBI imposes monetary penalty on The Sutex Co-operative Bank Ltd., Surat (Gujarat) Click here
13 Prompt Corrective Action Framework – UCO Bank Click here
14 BRICS Chair 2021: Documents under Central Bank Workstream Click here
15 Sovereign Gold Bond (SGB) Scheme – Redressal of customer complaints Click here
16 Reserve Bank of India – Bulletin Weekly Statistical Supplement – Extract Click here
17 Revamped Gold Monetisation Scheme, reduction in import duty of gold to help the industry to grow to the next level: Anupriya Patel Click here
18 FDI Inflows grow 62% during first four months of current Financial Year over corresponding period last year Click here
19 Master Direction – Reserve Bank of India (Market-makers in OTC Derivatives) Directions, 2021 Click here
20 Master Circular on Investments by Primary (Urban) Co-operative Banks Click here

Compliance under Other Statutory LAws

Applicable Laws/Acts Timeline / Due Dates Compliance Particulars Forms / (Filing mode)
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952) 15.10.2021 PF Payment ECR
ESIC (Employees’ State Insurance Act, 1948) 15.10.2021 ESIC Payment ESI Challan
Contract Labour (Regulation & Abolition) Act, 1970 Within 15 Days of commencement/ completion of contract work Return/Notice within 15 days of commencement/ completion of each contract by the Principal employer Form VI-B
Contract Labour (Regulation & Abolition) Act, 1970 Within 15 Days of commencement/ completion of contract work Notice of commencement/ completion of contract work by the Contractor within 15 days Form VI-A
Payment of Gratuity Rule Within 30 Days of applicability of the Act & any change Notice of applicability of the Act & any change Form A or B
  • Key Updates – September, 2021:

1. Labour codes unlikely to be implemented this fiscal year: report

The implementation of these laws assumes significance because once these are implemented there would be reduction in take-home pay of employees. Once implemented, employers would have to restructure salaries of their employees as per the new code on wages.

The four labour codes are unlikely to be implemented this fiscal in view of slow progress on the drafting of rules by the states and also for political reasons like elections in Uttar Pradesh, a source said. The implementation of these laws assumes significance because once these are implemented there would be reduction in take-home pay of employees and firms have to bear higher provident fund liability.

“The Ministry of Labour is ready with the rules under the four labour codes. But the states have been slow in drafting and finalising those under new codes. Besides, the government is not keen to implement the four codes due to political reasons, which are mainly elections in Uttar Pradesh (due in February 2022 onwards).” (To read more Click Here)

  • Updates TRACKER under Labour LAws – September, 2021:
Sl. Particulars Link
1 Registration of Unorganized Workers begins across the Country as Government of India launches the e-Shram Portal. Click Here
2 There have been no outages in Aadhaar – PAN/EPFO linking facility: UIDAI Click Here
3 Atal Pension Yojana total enrolments crossed 3.30 crore Click Here
4 New Labour Laws to increase working hours and pay structure of employees from October 1 – Details inside Click Here
5 Uttar Pradesh amends key labour law, abolishes imprisonment Click here
6 Periodic Labour Force Survey (PLFS) – Quarterly Bulletin [October-December 2020] Click Here
7 e-SHRAM Portal: Chief Labour Commissioner (Central) Holds Interactions with Trade Unions and Media at Mathura refinery Click Here
8 e-Shram Portal launched for registration of unorganized workers. Click Here
9 Announcement of Prime Minister’s Shram Awards for the year 2018 Click Here
10 Prime Minister’s Shram Awards, 2020 – Inviting of applications – reg. Click Here

SEBI – Securities Exchange Board of INDIA

Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015

FILING MODE(s) :

  • For BSE : BSE LISTING CENTRE
  • For NSE : NEAPS Portal

1. Half Yearly Compliances:

Sl. No. Regulation No. Compliance Particular Compliance Period

(Due Date)

Due Date
1. Regulation 7(3) Share Transfer Agent. Listed entity to submit a COMPLIANCE CERTIFICATE within one month of end of half Financial Year to certify maintenance of physical and electronic transfer facility. 31/10/2021
2. Regulation 33* Quarterly / Annually

Relating to Financial Results

Un audited Financial Results within 45 days & Audited finance within 60 days 14/11/2021
2.1 Regulation 23(9) Related party transactions. The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website Within 30 days of FR
3. Regulation 40(9) & (10)

/ Regulation 61(4)

Transfer or transmission or transposition of securities. The listed entity shall ensure that the share transfer agent and/or the in-house share transfer facility, as the case may be, produces a certificate from a practicing company secretary within one month of the end of each half of the financial year, certifying that all certificates have been issued within thirty days of the date of lodgement for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies. & The listed entity shall ensure that certificate mentioned at sub-regulation (9), shall be filed with the stock exchange(s) simultaneously.

Note: Reg. 61(4): The listed entity shall comply with requirements as specified in regulation 40 for transfer of securities including procedural requirements specified in Schedule VII.

31/10/2021
4. Regulation 52(1)* Financial Results. The listed entity shall prepare and submit un-audited or audited financial results on a half yearly basis in the format as specified by the Board within forty five days from the end of the half year to the recognised stock exchange(s). 14/11/2021

2. Regular / Annual Compliances:

REG NO REGULATION NO PARTICULARS TIMELINE
47 Advertisements in Newspapers. 47 (3) Advertisements in Newspapers Financial results at 47 clause (b) of sub-regulation (1), shall be published within 48 hours of conclusion of the meeting of board of directors at which the financial results were approved. 48 HOURS
23 Related party transactions. Reg 23(9) Related party transactions The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website 30 days
24A Secretarial Audit. Red 24A Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. (within 60 days from the Closure of FY) 60 days from the Closure of FY
46 Website 46(2)(s) The listed entity shall disseminate the following information under a separate section on its website separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year, uploaded at least 21 days prior to the date of the annual general meeting which has been called to inter alia consider accounts of that financial year.] 21 days prior 1 days prior to the date of AGM

3. Quarterly compliance which included half year compliance except FR

REG NO REGULATION NO PARTICULARS TIMELINE
Grievance Redressal Mechanism. Reg 13 (3) The listed entity shall file with the recognised stock exchange(s) on a quarterly basis, within twenty one days from the end of each quarter, a statement giving the number of investor complaints pending at the beginning of the quarter, those received during the quarter, disposed of during the quarter and those remaining unresolved at the end of the quarter. 21 Days

21/10/2021

Other corporate governance requirements. Reg 27(2) The listed entity shall submit a quarterly compliance report on corporate governance in the format as specified by the Board from time to time to the recognised stock exchange(s) within fifteen days from close of the quarter. 15 days

15/10/2021

Intimation Reg 29 read with Reg 33 intimation regarding item specified in clause 29(1) (a) to be discussed at the meeting of board of directors shall be given at least five days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors at least 5 working days in advance, excluding the date of the intimation and date of the meeting
Shareholding Pattern Reg 31 (1)(b) The listed entity shall submit to the stock exchange(s) a statement showing holding of securities and shareholding pattern separately for each class of securities, in the format specified by the Board from time to time within the following timelines – on a quarterly basis, within twenty one days from the end of each quarter; 21 days of each quarter

21/10/2021

Indian Depository Receipt holding pattern & Shareholding details. 69(1) The listed entity shall file with the stock exchange the Indian Depository Receipt holding pattern on a quarterly basis within fifteen days of end of the quarter in the format specified by the Board. 15 days from end of each quarter

15/10/2021

Intimations and Disclosure of events or information to Stock Exchanges. 87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information: 24 HOURS
Valuation, Rating and NAV disclosure. 87C(1) (iii) An issuer whose security receipts are listed on a stock exchange shall ensure that: the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter. 15 Days

SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

Securities and Exchange Board of India (SEBI) vide notification / Circular No. SEBI/HO/CFD/DCR1/CIR/P/2020/49 issued and publish dated 27th March 2020, has published Relaxation from compliance with certain provisions of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic”.

Sl. No. Regulation No. Compliance Particular Compliance Period

(Due Date)

1 Regulation 30(1) Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified. The disclosures required under sub-regulation (1) and sub-regulation (2) shall be made within seven working days from the end of each financial year to;

  • every stock exchange where the shares of the target company are listed; and
  • the target company at its registered office
2 Regulation 30(2) The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may
3. Regulation 31(1) read with Regulation 28(3) of Takeover Regulations

AUGUST 7, 2019 CIRCULAR

https://www.sebi.gov.in/legal/circulars/aug-2019/disclosure-of-reasons-for-encumbrance-by-promoter-of-listed-companies_43837.html

The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company, within 2 (two) working days
4. Regulation 31(4) Disclosure of encumbered shares Promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the 31st March, in such target company in such form as may be specified

SEBI (Prohibition of Insider Trading) Regulations, 2015

Sl. No. Regulation No. Compliance Particular Compliance Period

(Due Date)

1 Regulation 7(2)

“Continual Disclosures”

Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified; Every company shall notify; within two trading days of receipt of the disclosure or from becoming aware of such information

9. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018

Sl. No. Regulation No. Compliance Particular Compliance Period

(Due Date)

1 Schedule XIX – Para (2) of ICDR

Read with Reg 108 of SEBI LODR

“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”.

In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from the date of allotment within 20 days (unless otherwise specified).

Within 20 days from the date of allotment
2 Regulation 162 The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment. Within 18 months from date of allotment
3 SEBI CIRCULAR

Aug 19, 2019

https://www.sebi.gov.in/legal/circulars/aug-2019/non-compliance-with-certain-provisions-of-sebi-issue-of-capital-and-disclosure-requirements-regulations-2018-icdr-regulations-_43941.html

Application for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s. Within 7 working days from grant of date of listing approval
4 Regulation 76

Application for rights issue

The issuer along with lead managers and other parties related to the issue shall constitute an optional mechanism (non-cash mode only) to accept the applications of the shareholders to apply to rights issue subject to ensuring that no third-party payments shall be allowed in respect of any application.
5. Regulation 77

Service of Documents

In case if the company fails to adhere to modes of dispatch through registered post or speed post or courier services due to Covid-19 conditions it will not be treated as non-compliance during the said period. The issuers shall publish required & necessary documents on the websites of the company, registrar, stock exchanges and the lead managers to the rights issue.
6 Regulation 84:

Advertisement

Issuer has the flexibility to publish the advertisement in additional newspapers above those required in Regulation 84. The advertisement should also be made available on:

A. Website of the Issuer, Registrar, Lead Managers, and Stock Exchanges.

B. Television channels, radio, the internet, etc. to spread information related to the process.

SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)

Sl. No. Regulation No. Compliance Particular Compliance Period

(Due Date)

1 Regulation 11 and 24(iv) Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other specified securities of the company are listed within seven days of extinguishment and destruction of the certificates 7 days of extinguishment and destruction of the certificates
2 Regulation 24(i) (f) Minimum time between buy back and raising of funds Temporary relaxation in the period of restriction

provided in Regulation 24(i)(f) from “one year” to “six months”

Applicable up to December 31, 2020 only

SEBI (Depositories and Participants) Regulations 2018)

Sl. No. Compliance Particulars Due Date
1. Regulation 76 (Quarter, January – March 2021)

Reconciliation of Shares and Capital Audit

Within 30 days from end of quarter. i.e., 30.10.2021
2. Regulation 74 (5): Processing of demat requests form by Issuer/RTAs – Certificate Received from Registrar Within 15 days from the end of each quarter
  • SEBI Circulars Tracker: 01.09.2021 to 30.09.2021
Sl. Particulars Link
1 Circular on Modalities for implementation of the framework for Accredited Investors Click Here
2 Processing status – Scheme of Arrangement. Click Here
3 Takeovers – HG Industries Limited Click Here
4 Buybacks – Nava Bharat Ventures Limited – Post Buyback Public Announcement Click Here
5 Disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors Click Here
6. Revised guidelines for Liquidity Enhancement Scheme in the Equity Cash and Equity Derivatives Segments Click Here
7. Alignment of interest of Asset Management Companies (‘AMCs’) with the Unitholders of the Mutual Fund Schemes Click Here
8. Amendment to SEBI Circular SEBI/HO/DMS/CIR/P/2017/15 dated February 23, 2017 on Amendment pursuant to comprehensive review of Investor Grievance Redressal Mechanism Click Here
9. Linking of PAN with Aadhaar Click Here
10. Confirmatory Order in the matter of CNBC Awaaz Stock 20-20 Show co-hosted by Mr. Hemant Ghai Click Here
11. “SEBI Order for Compliance” – Release Order under RC No. 620 of 2015 for release of attachment of bank and demat accounts of Sicorp Finlease Ltd. Click Here
12. Order in the matter of Cranes Software International Ltd. Click Here
13. Invesco Elwood Global Blockchain Fund of Fund Click Here
14. Takeovers – AKM Lace and Embrotex Limited Click Here
15. Position Limits for Currency Derivatives Contracts Click Here
16. Remittance Advice- Anchal Goel in the matter of Jolly Plastic Industries Limited. Click Here
17 Introduction of T+1 rolling settlement on an optional basis Click Here
18 Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2021 Click Here
19 Notification under Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007- NISM-Series-XXI-A: Portfolio Management Services (PMS) Distributors Certification Examination Click Here
20 Notification under Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007- NISM-Series-XXI-B: Portfolio Managers Certification Examination Click Here
21 SEBI Bulletin – July 2021 [MSWord] [MSExcel] Click Here
22 SBI CPSE Bond Plus SDL MMM 2026 50:50 Index Fund Click Here
23 Remittance Advice-Zarf Infra Development Pvt. Ltd. in the matter of Ashutosh Paper Mills Limited. Click Here
24 Clarifications with respect to Circular dated April 28, 2021 on ‘Alignment of interest of Key Employees (‘Designated Employees’) of Asset Management Companies (AMCs) with the Unitholders of the Mutual Fund Schemes’ Click Here
25 Debt Offer Document – Indel Money Limited – Prospectus Click Here
26 Right Issues – RPP Infra Projects Ltd Click Here
27 Informal Guidance Letter to Emmessar Biotech and Nutrition Limited regarding Reg. 31A of SEBI (LODR) Regulations, 2015 Click Here
28 SEBI Bulletin – August 2021 [MSWord] [MSExcel Click Here
29 SEBI Development Research Group Study Series III- Invitation for Proposals Click Here
30 Relaxations relating to procedural matters –Issues and Listing Click Here

IBBI Updates {Insolvency and Bankruptcy Board of India}

  • Next phase of IBC implementation should be personal insolvency: Sahoo

The outgoing IBBI chief said the next phase of the implementation of the IBC should include “individual insolvency with provisions for a fresh start and an informal approach to insolvency resolution, moving away slightly from court proceedings.”

Sahoo, who demitted office on October 30, has headed the IBBI since its inception and was the first Chairperson of the regulator which has played a key role in setting up the rules and regulations for insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) and regulating insolvency professionals and information utilities. The outgoing IBBI chief said the next phase of the implementation of the IBC should include “individual insolvency with provisions for a fresh start and an informal approach to insolvency resolution, moving away slightly from court proceedings.”

The IBC does have provisions for a “fresh start” scheme for individuals with debts of up to Rs 35,000, gross annual income under Rs 60,000, total assets of under Rs 20,000 and do not own a home. The process would allow such persons who are unable to pay off their debts to be discharged of their liabilities.

  • Important Notifications and Circulars Tracker (September, 2021)
Sl. Notification(s) Link(s)
1. In the matter of Ebix Singapore Private Limited Vs. Committee of Creditors of Educomp Solutions Limited & Anr. Civil Appeal No. 3224 of 2020 with other appeals Click Here
2. Summary – Judgment dated 13th September, 2021 of the Hon’ble Supreme Court of India in the matter of Ebix Singapore Private Limited Vs. Committee of Creditors of Educomp Solutions Limited & Anr. [Civil Appeal No. 3224 of 2020 and other appeals] Click Here
3 In the matter of GCCL lnfrastructure & Projects Ltd. CP(IB)/116(AHM)2021 Click Here
4 Insolvency and Bankruptcy Board of India signs Memorandum of Understanding (MoU) with Indira Gandhi National Open University for utilising tele lecturing facility of Gyan Darshan channel. Click Here
5 In the matter of Ms. Charu Sandeep Desai, Insolvency Professional Click Here
6 In the matter of Sundaresh Bhat Liquidator of ABG Shipyard Limited, Company Appeal (AT) (Ins) No. 398 of 2021 Click Here
7 In the matter of Jayesh N. Sanghrajka, Erstwhile R.P. of Ariisto Developers Pvt. Ltd. Vs. The Monitoring Agency nominated by the Committee of Creditors of Ariisto Developers Pvt. Ltd. Company Appeal (AT) (Ins) No. 392 of 2021 Click Here
8 The Insolvency and Bankruptcy Board of India announces results of the 2nd National Online Quiz on the Insolvency and Bankruptcy Code, 2016. Click Here
9 IBBI (Liquidation Process) (Second Amendment) Regulations, 2021 Click Here
10 My Stamp on “Insolvency and Bankruptcy Code, 2016” released by Department of Posts Click Here
11 Annual Publication 2021: “Quinquennial of Insolvency and Bankruptcy Code, 2016” Click Here
12 e-Book: Insolvency and Bankruptcy Code, 2016 – 5 years of facilitating ease of exit Click Here
13 Corporate Insolvency Resolution Processes Yielding Resolution Plans as on 30th June, 2021 Click Here
14 Corporate Insolvency Resolution Processes Ending With Order of Liquidation as on 30th June, 2021 Click Here

————————————————————————————————————-

This article is updated till 30th September 2021 with all Laws / Regulations and their respective amendments.

CS Lalit Rajput
CS Lalit Rajput

Company Secretary having 5 years of post-qualification experience in the Compliance Management Services industry by serving Corporates including Listed Companies, Corporate Secretarial Firms, and LLP.

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