Tag Archives: India

NATIONAL FINANCIAL REPORTING AUTHORITY


(UPDATE: on 30th August 2013: Companies Bill became the Companies Act, 2013 (Act 18 of 2013). Post updated accordingly)

One of the foremost step for improving corporate governance since birth of concept of corporate governance is improving quality of accounting and auditing of companies. Audit Committee is one of these measures, which has been taken to improve standard of financial reporting. But concerns related to quality of financial reporting are not new. We can trace these concerns in earlier legislation, all earlier versions of the Companies Act in general and the Chartered Accountants Act, 1949. Without going deep in these laws, we simply say; what was otherwise need to enact such Act to regulate a profession of accounting and auditing, standardizing whole process of accounting and auditing.

The National Financial Reporting Authority is a quasi – judicial body to regulate matters related to accounting and auditing. With increasing demand of non – financial reporting, I may safely predict, a National Business Reporting Authority to regulate standards of all kind of reporting, financial as well as non – financial, from companies in near future.

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FOOTSTEPS OF CORPORATE GOVERNANCE IN COMPANIES ACT 2013


(UPDATE: on 30th August 2013: Companies Bill became the Companies Act, 2013 (Act 18 of 2013). Post updated accordingly)

In my blog post titled “Corporate Governance: Regulatory Frameworks under Consideration” I mentioned that some of the provisions related to corporate governance and voluntary guideline on corporate governance issued by Ministry of Corporate Governance has been incorporated into new Companies Bill, 2012 [now, the Companies Act, 2013]. In this post, I will examine these provisions and their effect on corporate governance.

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DELHI GANG RAPE: QUESTIONS ON ESTABLISHMENTS


Huge crowd itself explains public anger in pictures published in Media and telecasts on news channels.  Crowd gathered its own without any invitation or call, demand for justice, law, law and order, public security, security for women. When you read about all these on any international newspaper, language will make you clear, they are talking about an undeveloped third world country. The crowd was without leader but not leaderless; completely disciplined until some political interests infiltrated in.

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MCA’s Voluntary Guidelines for Companies for providing information on websites


This guideline is voluntarily applicable for a company having paid up capital not less than Rs. 10 crore (Rs.10,00,00,000/- or more) or having more than 100 members. (Though, I could not understand, why MCA selected a class of company for this voluntary guideline. Whether, they will prosecute other companies if they want to follow these guidelines. In my views, the class of companies mentioned in these guidelines should be under “Comply or Explain” and other companies need no explanation, if they choose not to follow these guidelines.)

[UPDATE: There is nothing to suggest that these guideline are in force after the Companies Act, 2013 and Rules made there under. The Act, otherwise, has own list of compliances for providing information on websites.]

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Memories of 40th National Convention of Company Secretaries


The Institute of Company Secretaries of India organized its annual ritual called national convention on October 4, 5 & 6, 2012 at Aamby Valley, District Pune, Maharashtra on theme “Vision 2020: Transform, Conform and Perform”.  This was my second national convention. I am very happy to note that my article “Keep Conscience Awaken: Blow Whistle” was published in the souvenir of the convention. My enthusiasm could be reflected from my delegate number 203 out of 1200 registered delegates while I already have more than 40 credit hours of continuing professional education program.

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Experience with electronic governance under MCA21


E-Governance is application of Information and Communication Technology (ICT) for delivering government services, exchange of information communication transactions, integration various stand-one systems and services between Government-to-Citizens (G2C), Government-to-Business(G2B), Government-to-Government( G2G) as well as back office processes and interactions within the entire government frame-work. [i] E-Governance is beneficial to provide a corruption free administrative service to citizens and other stakeholders. The essence of E-governance is to serve intended person easily and faster. There should be an auto-response system to support the essence of E-governance, whereby the Government realizes the efficacy of its governance. Best form of E-governance cuts down on unwanted interference of too many layers while delivering governmental services.

There are many electronic governance projects run by government of India. The target users of all these projects come from different segment of public and have different education standards. When these e-governance projects target grassroots level, its success depend not only designers and developers of such electronic governance projects but much upon cooperation and understanding of its end users. Such project always faces critical evaluation by its users and scholars.

The Ministry of Corporate Affairs (MCA), Government of India, has initiated the MCA21 project, which enables easy and secure access to MCA services in an assisted manner for corporate entities, professionals, and general public. The MCA21 project is designed to fully automate all processes related to enforcement and compliance of the legal requirements under the Companies Act, 1956 Government within a day’s time.[ii] Majority of stake holders of this project are professionals and business houses.

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Pass Companies Bill, 2011


Here are details of my petition to pass Companies Bill, 2011:

Petition title:                                                                                         

Pass (Indian) Companies Bill, 2011

Addressed to:

  1. Dr. M. Veerappa Moily, Minister of Corporate Affairs, Government of India
  2. Shri Yashwant Sinha, Chairperson, Committee on Finance, Parliament of India

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SOCIAL ENVIRONMENT FOR INNOVATIVE PROFESSIONISM DRIVEN BY TECHNOLOGY AND REGULATORY DEVELOPMENT


In last 20 years after initiation of economic reforms, India particularly corporate India has moved far ahead to start a new flight towards untouched horizons. We are surviving in a time of dynamic transformations through technological advancement, regulatory rationalisation, progressive professionalism, democratic transformation and sustainable development in our society. In recent developments, transformation of leadership of democratic institutions toward participatory solidarity of all societal stakeholders is evident. There are evidences of many streams of thought and developments in society but there are many new developments, whose time is just knocking the door. Our corporate environment is not left out but is part and parcel of this silent revolution. These transformations in our society are bound to affect all vistas of our life and corporate sector as well. We are very fortunate to be a part of this transformation and we have tremendous opportunity to be a carrier of this transformation. We should understand this revolutionary time and keep pace.

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CSR : Company Secretarial Responsibility


In one programme on Corporate Social Responsibility organised by some Chamber, one renowned Company Secretary claim that Corporate Social Responsibilities are primary responsibility of a Company Secretary. Within no time, some other members negated this fresh liability with “we have enough” attitude.

The basis definition of CSR says “doing business responsibly”.

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Introducing: AishMGhrana Governance Professional


The Institute of Company Secretaries of India has its Continuing willingness to present itself as a world leader as professional body of Corporate Governance professionals. This is a welcome transformation of Company Secretary from a mere clerk to Corporate Governance professional. The ICSI said as a member of CSIA it will ask the World Trade Organization (WTO) to include corporate governance and related areas in its mode of business classification.

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DIMINISHING INFLUENCE OF KAYASTA COMMUNITY: ANALYSIS


There is a very interesting post  on decline of influence of kayastha community in politics and other walk of government. It raises some major questions about this once influential community:

  1. The community which give first President, second Prime – Minister  and many other leaders to nation have no significant influence in these day politics.
  2. Mughals, especially, relied on Kayasths, who also culturally got close to Muslims and even great Urdu scholars came from this community. Now, they are more RSS Type.

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ADDITION OF LEGAL ZERO TO SECRETARIAL ZERO


In India, Company Secretary is a ‘more legal than finance’ profession under administrative control of Ministry of Corporate Affairs. The profession represents middle class of professions against Doctors, Lawyers and Public Accountants. Naturally, among its practitioners, there is a natural thrust to improve and update and not expertise in some particular fields. Same time, majority of its members represent economic middle class of society, where education is over emphasized constituent of life. Alas! Indian education system is not an education system at all but a degree distribution system, where we want to distribute degree to all and sundry without actually educating them. This is whole scenario, I want to discuss in detail here.

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PROTECTION TO CONSUMERS OF MOBILE TELEPHONES


Our country has more mobile phones than toilets.

Loss of blackberry is bigger issue than loss of your virginity.

Multiplying uses of Mobile Phones

And many other mobile related jokes tell a big story of growing importance of mobile in our rapidly changing life style. Mobile has replaced Post Cards (Short Messages), wrist watches, time piece (morning alarms), radio, personal computers, calculators, e-book reader, calendar, personal diaries, maps, scanners, recorders, music players, camera, video games and many other devices. In one recent advertisement in Australia, user put his girlfriend into mobile (I found this advertisement sexist and ethically wrong). This all show importance of mobile in our life.

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REMEMBERING BIPIN S. ACHARYA, PRACTISING COMPANY SECRETARY, CP 8 FCS 424


Bipin S. Acharya

Bipin S. Acharya

After a long weekend, when I come back to work, my mail folders dedicated for peer group read more than 150 mails. What happened? It would have been an eventless week as government is on election mode and no major policy change was expected. Unfortunately, there was very sad news. On 28th January 2012, our beloved Company Secretary Sh. Bipin S. Acharya has left for heavenly abode. According to Hindu calendar, that was day of Basant Panchmi, the first day of spring. This is a day of cultural significance and dedicated to goddess Saraswati of knowledge and wisdom. Naturally, god has no other suitable day as an option to call a practising scholar like him.

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DEBATE IN RAJYA SABHA ON 3 AMANDMENT BILLS RELATING TO 3 CORPORATE PROFESSIONS


The minister of corporate affairs Mr. Veerappa Moily  on 12th December 2011 moved 3 bills namely; the Chartered Accountants (Amendment) Bill, 2010, the Cost and Works  Accountants (Amendment) Bill, 2010 and the Company Secretaries (Amendment) Bill, 2010

These bills were to amend sub-section (2) of Section 2 of three Acts namely the Chartered Accountant Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980.

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CORPORATE DIPLOMACY


International relation not only affect governments but public at large. In globalised world, international relations have been reached to our neighborhood tea stall or grocery shop. We judge a nation by product, we buy. We may not know, where Finland is in world map, but we know Nokia in our hand. We will surely judge Finland by Nokia. This is a public diplomacy.

The ever expanding flow of commercial products and services across borders has important implications for public diplomacy. Despite the escalation of transnational corporations, high profile brand names are closely connected with their countries of origin. Coca Cola, Nike and McDonald’s are inextricably tied with the United States. The same associations are true for Ikea with Scandanavia, Nokia with Finland, Sony with Japan, and Nestle with Switzerland.[i]

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DELHI BLASTS: DELHI PUBLIC AND POLICE


There are media reports that bomb blasts in Delhi are a bi-annual event thanks to very. All terrorists from Punjab, Kashmir and sometime other places do it with their free will. Blast certainly is a law and order problem, which our successive governments are failed to discuss. Police and Intelligence Agencies are busy elsewhere for their routine yes men exercises. Same time, we should ask, what makes Delhi a soft terror target. In my opinion, this is not a question of law and order but question of attitude of people who make a city.

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DEMOCRACY AGAINST LOKPAL


We are facing challenge to our democracy. Apparently it is from blood less revolt by civil society now and by other groups like Naxals before; but it is not a case. Our democracy is facing long standing challenges of credibility from its most visible face, our political representatives and their way of functioning.

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INDIAN RAILWAYS AND TECHNOLOGY


Indian Railway is very slow in adopting and promoting all information technological developments particularly which are for benefits to the passengers. This starts from booking of ticket form IRCTC website.

Officially, online booking platform starts booking of Tatkal ticket at 8.00 hours but it never happen before 8.05 hours and that too with several failures.

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INDUCEMENT OF SEDITION IN INDIA


Today, after more than 60 of Indian independence, there is much talk about sedition and other laws in force. This time no one is talking about draconian laws like MISA, TADA, POTA, and UAPA. There is consensus amongst civil liberty activists that everyone know about these draconian laws and there widespread misuse all over India. After so – called conviction of Dr. Binayak Sen, focus has been shifted to general criminal laws like one for sedition and its potential misuses. Misuses of these laws generally do not attract attentions of general public and activists, and victim of these misuses silently suffer.

In ordinary criminal law i.e. Indian Penal Code sedition is defined as to bring or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India.

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