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RBI CIRCULAR

     without prejudice to permissions/ approvals, if any,             banks is invited to Foreign Exchange Management
     required under any other law.                                    (Foreign Exchange Derivative Contracts) Regulations,
                                                                      2000 dated May 3, 2000 (Notification No. FEMA/25/RB-
Yours faithfully,                                                     2000 dated May 3, 2000) as amended from time to time
(A. K. Pandey)                                                        and A.P. (DIR Series) circular no. 32 dated December
Chief General Manager                                                 28, 2010 - Comprehensive Guidelines on Over the
                                                                      Counter (OTC) Foreign Exchange Derivatives and
Format of Statutory Auditors' Certificate                             Overseas Hedging of Commodity Price and Freight
      (SAC) to be submitted by NBFCs                                  Risks, as amended from time to time. Attention is also
                                                                      invited to Reserve Bank circular No. DBOD.No.BP.BC.
RBI/2015-16/433                                                       86/ 21.04.157/ 2006-07 dated April 20, 2007 on
                                                                      Comprehensive Guidelines on Derivatives as well as the
DNBS (PPD) CC.No./04/66.14.001/2015-16                                modifications issued through circular No.
                                                                      DBOD.No.BP.BC. 44/21.04.157/2011-12 dated
CEOs of All NBFCs (excluding RNBCs) and The President of              November 2, 2011.
ICAI
                                                                 2. As announced in the Bi-Monthly Monetary Policy
Dear Sir/Madam,                                                       Statement on April 7, 2015, in order to encourage
1. Please refer to the Notification No. DNBS 192/DG (VL)              participation in the Over the Counter (OTC) currency
                                                                      options market and improve its liquidity, it has been
     dated Feb 22, 2007 prescribing Prudential Norms                  decided to permit resident exporters and importers of
     Directions. In terms of the extant instructions, all NBFCs       goods and services to write (sell) standalone plain
     are required to submit a certificate from their Statutory        vanilla European call and put option contracts against
     Auditors every year to the effect that they continue to          their contracted exposure, i.e. covered call and covered
     engage in the business of NBFI requiring it to hold a            put respectively, to any AD Cat-I bank in India subject
     CoR under Section 45-IA of the RBI Act.                          to operational guidelines, terms and conditions given
                                                                      in Annex I to this circular.
2. With a view to ensure consistency in the manner in
     which the information is received from the Auditors, it     3. Necessary amendments (Notification No. FEMA 365/
     has been decided to introduce a uniform format of the            2016-RB dated June 1, 2016) to Foreign Exchange
     SAC. The NBFC would need to fill in the information, as          Management (Foreign Exchange Derivatives Contracts)
     applicable, in COSMOS. Thereafter, the SAC needs to              Regulations, 2000 (Notification No. FEMA.25/RB-2000
     be scanned and uploaded in COSMOS https://                       dated May 3, 2000) (Regulations) have been notified
     cosmos.rbi.org.in under the menu Upload Returns >                in the Official Gazette vide G.S.R. No. 571 (E) dated
     Statutory Auditors Certificate. The format of the SAC            June 1st, 2016, a copy of which is enclosed (Annex II).
     is attached herewith.
                                                                 4. AD Cat-I banks may bring the contents of this circular
Yours faithfully                                                      to the notice of their constituents and customers.
(Dr. Sathyan David)
Chief General Manager                                            5. The directions contained in this circular have been
                                                                      issued under Sections 10(4) and 11(1) of the Foreign
   Permitting writing of options against                              Exchange Management Act, 1999 (42 of 1999) and are
      contracted exposures by Indian                                  without prejudice to permissions/ approvals, if any,
                    Residents                                         required under any other law.

RBI/2015-16/431                                                  6. These guidelines will be reviewed after one year based
                                                                      on experience.
A.P. (DIR Series) Circular No. 78
                                                                 Yours faithfully
All Category - I Authorised Dealer Banks                         (R Subramanian)
                                                                 Chief General Manager
Madam / Sir,
1. Attention of Authorised Dealer Category - I (AD Cat - I)

48 | 2016 | JULY                                                 | BANKING FINANCE

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