SEBI

SEBI Real Estate Investment Trusts Amendment Regulations 2016

SEBI Real Estate Investment Trusts Amendment Regulations 2016

SECURITIES AND EXCHANGE BOARD OF INDIA

NOTIFICATION

Mumbai, the 30th November, 2016

SECURITIES AND EXCHANGE BOARD OF INDIA (REAL ESTATE INVESTMENT TRUSTS) (AMENDMENT) REGULATIONS, 2016

No. SEBI/LAD/NRO/GN/2016-17/022 .─ In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to amend the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014, namely,-

1. These regulations may be called the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2016.
2. They shall come into force on the date of their publication in the Official Gazette.
3. In the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014,-

I. in regulation 2, in sub-regulation (1), in clause (b),-
i. for the word “includes” the words and figures “shall be as defined under the Companies Act, 2013 or under the applicable accounting standards and shall also include following” shall be substituted;
ii. the sub-clauses (v), (vi), (vii) and (viii) shall be omitted;
iii. after clause (k), the following new clause shall be inserted, namely,–

“(ka) “debt securities” shall be as defined under Regulation 2(1)(e) of SEBI (Issue and Listing of Debt Securities) Regulations, 2008;”;

iv. clause (o) shall be omitted;
v. after clause (p), following new clause shall be inserted, namely,-

“(pa) “general purposes” include such identified purposes for which no specific amount is allocated or any amount so specified towards general purpose or any such purpose by whatever name called, in the offer document filed with the Board: Provided that any issue related expenses shall not be considered as a part of general purpose merely because no specific amount has been allocated for such expenses in the offer document filed with the Board;”

vi. after clause (q) , the following new clauses shall be inserted, namely, –

“(qa) “holdco” or “holding company” shall mean a company or LLP.,-

(i) in which REIT holds or proposes to hold controlling interest and not less than fifty one per cent. of the equity share capital or interest and which it in turn has made investments in other SPV(s), which ultimately hold the property(ies);
(ii) which is not engaged in any other activity other than holding of the underlying SPV(s), holding of real estate/properties and any other activities pertaining to and incidental to such holdings;”;

(qb) “initial offer” means the first offer of units of an REIT to the public for subscription and includes an offer for sale of REIT units by an existing unit holder to the public;”;

vii. clause (r) shall be omitted;

Download Full Notification Click Here >>

Share

Recent Posts

  • Insurance

No separate compensation for loss of love and affection under MV Act – SC

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court…

7 hours ago
  • Income Tax

Trust accredited by National Open School eligible for registration u/s 12AB & u/s 80G

Trust accredited by National Institute of Open Schooling eligible for registration u/s.12AB and u/s 80G of the Act. In a…

11 hours ago
  • Income Tax

Delay in furnishing Form 10B – Covid Period to be excluded as per decision of Supreme Court

Delay in furnishing Form 10B – Period between 15.03.2020 till 20.08.2022 to be excluded as per decision of Hon'ble Supreme…

2 days ago
  • Income Tax

Section 271AAB does not grant any immunity from penalty in terms of section 273B

Section 271AAB does not grant any immunity from penalty even if the assessee was able to show some reasonable cause…

3 days ago
  • Empanelment

Engagement of ‘Young Professional’ in the office of the PCCT Bihar & Jharkhand

Engagement of 'Young Professional' in the office of the PCCT Bihar & Jharkhand Engagement of 'Young Professional' in the office…

4 days ago
  • Empanelment

CGPDTM invites applications for hiring contractual manpower and Young Professionals

CGPDTM invites applications for hiring contractual manpower and Young Professionals The Controller General Patents, Designs & Trade Marks has invited…

4 days ago