SECP holds seminar on corporatization and e-Services

The Securities and Exchange Commission of Pakistan (SECP) held a seminar on corporatization and e-Services project of the SECP in Karachi in collaboration with Management Association of Pakistan.

This seminar was organized as part of the SECP initiative to encourage corporatization and create awareness about the eServices project. After e-Services launch in September 2008, such seminars have already been held in various cities of the country including Karachi, Lahore, Islamabad, Faisalabad, Multan, Rawalpindi and Sialkot.

This seminar was attended by participants from various companies as well as corporate consultants.

Mr Ibtesam Moatisim Khan, Director, Management Information System, delivered a presentation on the “e-Services Project of SECP” and also provided solutions to the difficulties faced by the users of eServices. The significance of eServices as an easy and cost-effective mode of filing of documents with SECP and new developments in e-Services were shared.

Mr. Sidney Custodio Pereira, in charge, CRO Karachi, apprised the participants of “corporatization and the role of SECP”.

The participants greatly appreciated the questions and answers session. They complimented the SECP on successful implementation of e-Services.

Famous cricket commentator, Mr Chishty Mujahid, now the Executive Director, MAP, expressed his gratitude to the SECP saying that MAP would continue to arrange such informative and interactive sessions with the SECP.

Karachi Income Tax Bar rejects proposed Rule 81B Active Taxpayers List

Mr Ali Rahim
President Income Tax Bar Association
Karachi.

Income Tax Bar Association, Karachi rejected proposed insertion of Rule 81B relating to Active Taxpayers List as it will affect every tax payer in the country.

In a communication to Federal Board of Revenue, it said FBR SRO 09(I)/2011, on January 6, 2011, after discussion by its members was rejected as functions and powers delegated under it negated available provisions contained in Income Tax Ordinance,2001. FBR record and data is not updated properly, web portal of PRAL faces numerous technical problems and unwarranted use of this law will be disastrous having negative impact on business activities of existing taxpayers.

Bar says taxpayer once suspended will have to run from pillar to post and their request will only be accepted when gratification is used. SRO will be considered a great tool to discourage existing taxpayers as harassment, highhandedness cannot be ruled out while exercising powers available in proposed Rule.

The Department, FBR failed to achieve task of broadening tax base and requested to shelve this SRO for time being, in the interest of country which is facing economic and geo-political challenges in the region, said Bar President Ali A. Rahim.

SECP takes Eastern Capital Limited to court, warrants issued

ISLAMABAD – January 12: The Securities and Exchange Commission of Pakistan (SECP) has filed a criminal complaint in a court against Eastern Capital Limited, ex-member of the Karachi Stock Exchange (KSE) and all those, including its director, involved in non-transfer of shares/funds and unauthorized pledges of client’s shares and other prohibited activities under Section 24(2) of the Central Depositories Act 1997 as well as offences under relevant provisions of the Pakistan Penal Code (PPC). The warrants for all the accused have been issued.

The SECP received numerous complaints/claims against five KSE brokers mainly pertaining to the alleged non-transfer of shares and non-payment of funds. The SECP directed the brokers to expedite resolution of complaints/claims and issued instructions for the immediate transfer of shares/funds to the claimants. The brokers failed to remedy the situation, obliging the SECP to suspend registration of Eastern Capital Limited and four other brokers.

Moreover, the SECP initiated enquiries against five brokers and appointed enquiry committees comprising officers from the SECP, KSE and CDC.

It emerged that the shares of the clients which were in control of Eastern Capital Limited for trading purposes only were moved, pledged and transferred to other accounts, without any authorization. . The shares were pledged with banks to obtain financing which were mostly used to liquidate liabilities of the brokerage house resulting in total loss to the investors.

Consequently, the SECP filed a criminal complaint in the court of Session Judge Karachi South against the Eastern Capital Limited and others. This is the third criminal complaint against the brokerage houses involved in illegal pledging of shares. The earlier two criminal complaints were filed against Capital One Equities Limited and Cliktrade Limited.

The SECP has also moved a reference under Section 18(b)(i) of the NAB Ordinance, 1999 with a request to investigate the affairs of Capital One Equities Limited and Cliktrade Limited to punish the culprits who have cheated innocent investors and to recover the investors’ savings which have been misappropriated/transferred for the personal benefits of the sponsors, directors and their associated concerns.

In addition, the SECP took steps to curb such market abuse by improving regulatory framework to facilitate the market participants. In this connection the SECP has recently approved a project of “Automation of Securities Settlement” which has jointly been implemented by NCCPL and CDC to facilitate the market participants to automate the mechanism for settlement of book-entry securities by eliminating the need for any manual intervention. The new system not only improves efficiency but also help in preventing mishandling of book entry securities of clients.

The copies of enquiry report on Eastern Capital Limited and criminal complaint are available on the SECP website. The SECP has also finalized the enquiry reports on the other two expelled KSE members and legal action is being taken against all those who were involved in prohibited practices.

Iftikhar Malik, Tariq Saeed and Jamil Magon visit Guard Auto Zone

SECP puts fraudulent company BIZNAS. Com out of business

Islamabad: The Securities and Exchange Commission of Pakistan has put an end to fraudulent activities of M/s. BizNas.Com Pakistan (Private) Limited.

A timely action by the SECP’s Karachi-based Companies Registration Office (CRO) has put an end to the fraudulent company, saving a large number of prospective investors losing their hard-earned money.

The Sindh High Court has passed an order for compulsory winding up of the company under section 305 of the 1984 Companies Ordinance. The official assignee has been appointed as official liquidator of the company.

The company was registered with the CRO on March 5, 2002. The main objectives of the company were designing and developing computers software packages. The company operated a website, owned by its parent company, through which it provided different IT courses and also made available to its members space for hosting on its website. The business mechanism of the company was based on a Pyramid or Ponzi scheme, in which returns are paid to earlier investors/members, entirely out of the money paid into the scheme by new investors/members.

The company’s activities were objectionable because they were not provided in its Memorandum of Association. Hence the company was doing ultra vires business. Moreover, the company was engaged in activities that were considered to be of a fraudulent nature, offering people incentives only for getting deposits from other investors.

The show-cause notices were issued to the company but the company failed to clarify its position. The CRO initiated winding up proceedings against the company and a case was filed in the Sindh High Court in 2002, which has now ordered compulsory winding up of the company.

43 investor complaints were resolved during the month by SECP

ISLAMABAD, November 11: As part of its enforcement and regulatory function, the Enforcement Department of the Securities and Exchange Commission of Pakistan passed 34 orders, fining defaulting companies besides issuance of 37 show-cause notices in October, whereas proceedings against five companies were closed with warnings.

The department imposed an aggregate penalty of Rs9.399 million on listed and unlisted companies in October for non-compliance of various provisions of the 1984 Companies Ordinance. The department also resolved 43 investors’ complaints during the month.

Statement by an IMF Staff Mission on Pakistan

An International Monetary Fund (IMF) staff mission, led by Adnan Mazarei, met with the Pakistani authorities in Islamabad to continue discussions on the fifth review under Pakistan’s Stand-By Arrangement (SBA). Mr. Mazarei made the following statement at the conclusion of the mission today:

“Over the past few days, an IMF staff mission and the Pakistani authorities had constructive discussions which focused on assessing the impact of the floods on Pakistan’s economy, adjusting economic policies to respond effectively to the needs created by the floods, and on the outlook for the rest of the financial year 2010/11.1

“Progress has been made regarding the measures to be implemented in the context of the authorities’ economic stabilization and reform agenda, while protecting the poor. Specifically, we have reached broad agreement on the macroeconomic framework and a revised 2010/11 budget deficit target to help flood victims, and rein in inflation, which hurts the poor most. The authorities consider that the reformed general sales tax is essential to raise revenue to finance relief for flood victims, poverty reduction, and infrastructure reconstruction. Tax reform is also needed to make the tax system more equitable. The authorities recognize the critical importance of energy sector reform. They have initiated reforms aimed at reducing load shedding, which is severely hurting economic activity; curtailing energy subsidies in order to free up budget resources for spending in priority areas; and resolving the issue of circular debt.

“The IMF remains committed to the ongoing dialogue with the Pakistani authorities, and discussions will continue including around the Pakistan Development Forum to support Pakistan’s efforts to strengthen macroeconomic stability and growth and completing the fifth SBA review.”

FBR extends last date for filing of IT returns up to October 15

Federal Board of Revenue (FBR) has extended the last date for filing of Income Tax returns up to 15th October, 2010 in the wake of situation resulting from massive flash floods and other related matters.

The extension has been granted following representations from various business organizations and classes of taxpayers who had sought further extension in time for filing of returns. It has, therefore, been decided to extend the last date for filing of income tax returns/statements for the tax year 2010, in the case of Business Individuals, Salaried Individuals, for Annual Statement by the Employer and for the returns of income by Association of Persons (AOPs) to 15th October 2010, says a press release issued by the FBR.

SECP receives overwhelming response to amnesty schemes

The Securities and Exchange Commission of Pakistan (SECP) have received an overwhelming response to its amnesty scheme for regularization of belated returns and easy exit facility to dormant companies, which was launched on July 1, 2010 for three months.

Under the Company Regularization Scheme (CRS) some 250 companies have regularized their defaults and have filed 700 returns by July 27, 2010. Similarly, under the Companies Easy Exit Scheme (CEES) around 100 companies have applied to avail themselves of the exit facility.

The schemes have been launched for three months from July 1, 2010 to September 30, 2010 (in three phases of one month period each) with different fee schedule. The first phase of the schemes would be closed on July 31, 2010. However, the documents under Phase- I shall be accepted by Monday August 2, 2010 due to holiday on July 31, 2010. As such, only three days have been left in closing of the first phase.

The regularization scheme was applicable to all types of companies other than listed companies, and enabled acceptance of overdue returns and annual accounts by paying only normal filing fees plus one half of the normal filing fee as additional fee without any penalties, during the first month. However, in the second month of the scheme, the fee will increase and the late submission of documents will be accepted by paying of normal filing fees plus one time the normal filing fee as additional fee.

The SECP always facilitates the corporate sector in compliance of law through simplification of procedures. The schemes will increase compliance of law by registered companies and also help weed out the dormant ones.

SECP starts online survey on services provided by Company Registration Offices

Islamabad, July 9: Securities and Exchange Commission of Pakistan (SECP) has started an online survey on its website, entitled ‘Survey on Services provided by the Company Registration Offices’. The survey is available at http://sraposrc/secsurvey/index.php?sid=99227&lang=en

The survey is aimed at eliciting feedback and suggestions from companies, consultants and other stakeholders, on the services extended by the SECP at its eight regional offices called the Company Registration Offices (CROs). The CROs play a vital role as the front offices of the SECP having direct interface with the public. They are located in the provincial capitals and in industrial hubs of the country. They mainly function as corporate registry and are the custodian of corporate records.

Consisting of 25 simple multiple-choice questions, the survey takes only a few minutes to complete. It also includes specific questions on eServices, seeking inputs from the participants, with a view to making it more user-friendly.

The SECP encourages the users of services provided by the CROs, to share their opinions about the existing service delivery system and also to make their suggestions for future improvement. This will enable the SECP to further extend its facilitation and to provide more efficient services to the utmost satisfaction of the stakeholders.