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One unique aspect of Bitcoin is that only 21 million units will ever be created.
In April 2018, Reserve Bank of India (RBI) notified that entities regulated by it should not deal in virtual currencies or
provide services for facilitating any person or entity in dealing with or settling virtual currencies.
However, the Supreme Court struck down the ban on trading of virtual currencies (VC) in India, which was imposed by
the RBI.
The Supreme Court has held that cryptocurrencies are in the nature of commodities and hence they cannot be banned.
The NK Singh committee (set up in 2016) recommended that the government should target a fiscal deficit of 3% of
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Offshore Derivative Instruments (ODIs), also known as Participatory notes (p-notes) are instruments
used by the foreign investors to invest in India’s securities markets without getting registered with the
SEBI. Securities include shares, bonds and derivatives.
Foreign Institutional Investors (FII) and their sub-accounts have to register themselves with SEBI to
invest in India’s markets. And to register, they have to go through regulatory approval processes and
fill several know your customers (KYC) forms, provide PAN no. etc.
Through participatory notes, a foreign investor can invest in India’s stock markets and bond markets
without these regulatory hassles.
Participatory notes are issued by India-based brokers or Foreign Institutional Investors (FIIs)
registered with SEBI, to overseas/ foreign investors. These brokers/ FIIs make investments on behalf
of the overseas investors.
To illustrate- A registered FII buys Infosys shares from the Indian stock market. It keeps the shares
with itself and issues participatory notes based on these shares to interested overseas investors.
Offshore Derivative Instruments/ Participatory notes holder doesn’t own the Infosys shares. The p-
note is just a kind of instrument based on the securities. In technical terms, p-note is a derivative. It
derives its value from the value of underlying securities. In this case, Infosys shares. Any dividends or
capital gains collected from these underlying securities (Infosys) is passed on to the overseas
investor.
The participatory notes were introduced to ease the regulatory burden for foreign investors. But, It is
difficult to know the identity of the investors as they are outside the reach of SEBI. Hence, the money
can be used for terror financing or money laundering.
It was suspected that p-notes were used for round-tripping of domestic black money. Indians took
their black money out of the country through channels like hawala and brought it back using the p-
notes.
In June 2007, 56 % of the total Foreign Institutional Investment in India were through p-notes.
The SEBI and the Indian Government tried to ban p-notes, but the markets crashed and they had to
back down. But, since then, the SEBI has been slowly tightening the regulations on p-notes. As a
result, participatory notes investment shrunk to 6 % of FIIs by April 2017.
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The cooperative is different from a Company in the following ways: Cooperative follows the principle
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shares held. A cooperative is an association of members but a Company is an association of capital.
The main objective of a cooperative is to serve members’ needs, but the objective of a company is to
maximize profits for its shareholders. In a cooperative, no member is permitted to vote by proxy
whereas in a company proxies are allowed to vote.
A society is essentially an association of seven or more people registered under the Societies
Registration Act, 1860 – which is an all India Act (however, many States, have variants on the Act)
and which has as a stated purpose some charitable or benevolent purpose either in regards to the
public at-large or in regards to the common interest of the members and which operates as nearly as
possible at cost. A registered society is a legal entity with certain limitations. However, members of a
cooperative society get together to promote the economic interest of their members. They have to
submit viable business plan of the cooperative before registration. These two prerequisites are not
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The full form of SARFAESI Act as we know is Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002. Banks use this act as an effective tool for bad loans/
non-performing assets (NPA) recovery. It is possible where non-performing assets are secured by
securities that are charged to the Bank by way of hypothecation or mortgage or assignment.
· When loan default occurs, banks can seize the securities (except agricultural land) without
intervention of the court.
· SARFAESI Act is useful only for secured loans. The SARFAESI Act, 2002 gives powers of seize to
the banks. Banks can serve a notice in writing to the defaulting borrower asking it to discharge its
liabilities within 60 days. If the borrower fails to comply , the Bank may take recourse to one or more
of the following measures:
The SARFAESI Act also provides for the establishment of Asset Reconstruction Companies (ARCs).
ARCs are regulated by RBI to acquire assets from banks and financial institutions.
The rights of the borrowers have also been duly incorporated in the law.
· The borrowers can at any time before the sale is concluded, discharge liability by remitting the dues
and avoid losing the security charged to the bank.
· In case any unethical/illegal act is done by the Authorized Officer, he will be liable for penal
consequences.
· The borrowers will also be entitled to get compensation for such acts.
· For redressal of the grievances, the borrowers can move firstly to the DRT and thereafter the DRAT
in appeal. The limitation period is 45 days for DRT and 30 days for DRAT.
The following are the four conditions for enforcing the rights by a creditor under SARFAESI Act.
The outstanding loan is one lakh and above and more than 20% of the principal loan amount and
interest there on.
Methods of recovery
This act makes provisions for two important methods of recovery of the NPAs:
· Asset Reconstruction: SARFAESI Act has given birth to the Asset Reconstruction Companies in
India. It can be done by proper management of the business of the borrower, or by taking over it or
selling a part or whole of the business or by rescheduling of payment of loan payable by the borrower
enforcement of security interest in accordance with the provisions of this Act.
The SARFAESI Act covers any asset, movable or immovable, given as security whether by way of
mortgage, hypothecation or creation of a security interest. There are some exceptions in the act such
as personal belongings of the borrower. However, only that property charged as security can be
proceeded under the provisions of SARFAESI Act. If the property of the borrower is his own
mortgaged residential house, the same is NOT exempted from the SARFAESI Act.
The Chief Metropolitan Magistrate or District Magistrate is the officer that has been mandated to
assist secured creditor in taking possession of secured asset. These officers will ensure that once the
creditor has given him in writing that all other formalities of the act have been done, the CMM or DM
will take possession of such asset and documents relating thereto and forward the same to the
secured creditor. Such an act by the CMM or DM cannot be called in question in any court or before
any authority.
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The first major step toward the formation of the United Nations was taken August 21–October 7,
1944, at the Dumbarton Oaks Conference, a meeting of the diplomatic experts of the Big Three
powers plus China (a group often designated the “Big Four”) held at Dumbarton Oaks, an estate in
Washington, D.C. Although the four countries agreed on the general purpose, structure, and function
of a new world organization, the conference ended amid continuing disagreement over membership
and voting.
At the Yalta Conference, a meeting of the Big Three in a Crimean resort city in February 1945,
Roosevelt, Churchill, and Stalin laid the basis for charter provisions delimiting the authority of the
Security Council. Moreover
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members to buy SDRs.
incl India
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