The Foundation Day of the Institute of Company Secretaries of India (ICSI) was celebrated on 9th Dec 2011. Minister of Corporate Affairs, India and other experienced personalities from ICSI expressed their views on shaping the Corporate Environment of India.

Mr. R P N Singh, Hon’ble Minister of State for Corporate Affairs, Government of India, while delivering the ICSI Foundation DAY Lecture, said, “The professionals like Company Secretaries have been playing an important role in shaping modern Corporate India.

He appreciated the efforts of the Institute of Company Secretaries of India and said that the ICSI and its members have earned a name for themselves in economic development of the country through evolving standards of corporate governance and compliances.

The Minister said that the ICSI is both and apex professional body and the guiding institution. He also commended the Institute for its conscious efforts in formulating its Vision Document after extensive research and conducting market survey among its stakeholders to know their perception about the profession and their expectations from the professionals.

While Speaking on the Theme: Game Changer for Corporate India: 2020, Mr. Singh emphasised that as regards Governance, if Indian corporates have to create a mark on the international horizon, it will have to establish a brand of its own in the areas of good governance and it is much important that the culture and ethos of the company be developed.

The Hon’ble Minister also stressed on various factors which will act as a Catalyst for Game Changer for Corporate India 2020 in the current decade like: Legal and Regulatory Environment, Emergence of New Forms of Corporate Entities like Limited Liability Partnership (LLP) and One Person Company (OPC).

These are new forms of corporate entities providing alternative forms of business entities to the entrepreneurs. LLP Act is already in place and over 5000 LLPs have been incorporated. These developments will enhance the corporatisation of the Indian business and Governance.

Mr. Singh, while speaking on the Companies Bill, which is proposed to be placed before the Parliament in the Winter Session, informed that once passed, the new Act will update the Company Law in line with the best global practices and introduce new ideas such as corporate social responsibility (CSR), class action suits and a fixed term for independent directors.

The Bill also proposes to tighten laws for raising money from the public besides prohibiting any insider trading by company directors or key managerial personnel by treating such activities as a criminal offence.

It will also make mandatory for companies to earmark 2 per cent of their average profit of the preceding three years for CSR activities and make a disclosure to shareholders about the policy adopted in the process”.

Mr. Anil Murarka , President ,The ICSI ,while addressing the audience during the Foundation day Lecture, appreciated the initiatives of MCA which are commendable in moulding the corporate India and the professionals, especially the initiatives relating to e-governance, green initiatives etc.

He emphasized that the Company Secretaries should have the thorough understanding of not only domestic and international regulatory regimes, but also other areas such as effective risk management, adoption of corporate governance practices in such a manner that helps in maintaining high standards of accountability, transparency and ethics.

Mr. Murarka said, “As for professionals like us, a variety of forces influence our sustainability, which arose from fierce competition and globalization of business processes and technology.

Professional firms are expected to deliver cost-effective, diversified services under one roof that saves time and money of the corporates that avail their services. To succeed in this environment, professionals must continually improve their service delivery methods.

Innovative professionals can differentiate themselves in a crowded marketplace, get effective clientele and use internal and external resources more profitably and so on.

In an environment of increasingly sophisticated clients market, globalization, and evolving technology, professionals must evaluate their business models to ensure that they can deliver the greatest value to every client on every project.

This can be achieved only through performing business functions beyond the usual way and Company Secretaries are the vital participants of game changing phase of corporate India, by acting as a global manager as the business travels beyond territories, He added.

Shri Nesar Ahmad , Vice -President , the ICSI Informed that The Institute of Company Secretaries of India – the youngest of the professional bodies was set up on 4th October, 1968 and converted into a statutory body under an Act of the Parliament, the Company Secretaries Act,1980.

During these years the Institute and the profession have made steady advances in terms of recognition, multidisciplinary expertise, professional excellence and expanse in the nook and corner of the country, finally to participate in the march towards globalization.

Mr. Ahmad, reiterated the fact that in the present era of globalization with zooming technology and changing expectations of stakeholders in terms of governance and sustainability, our aim is to reposition ourselves as responsible corporate managers and advisors.

Mr. N K Jain, Secretary & CEO, the ICSI while delivering the concluding remarks thanked all the dignitaries present on the occasion. He informed that the Institute of Company Secretaries of India (ICSI) is the world’s largest institute for Company Secretaries.

Mr Jain emphasised that we being the prime movers of Good Corporate Governance have to rethink and focus on information driven corporate governance for long-term stakeholder value as opposed to focusing solely on short-term maximization of shareholder value and price appreciation.

Concluding the ICSI Foundation Day celebrations, he reiterated the fact that Foundation Days are celebrated not only to exchange pleasantries, but also to re-dedicate ourselves to professional values, share our achievements and prepare ourselves for the future challenges.

Now it is our responsibility to pass on the rich tradition of professionalism to our next generation. We need to set in motion a ripple of action that travels far. This is our privilege to guide the businesses to become good corporate citizens contributing to the nation’s development and well being of society.

Source: http://www.indiaedunews.net/Delhi/ICSI_celebrates_Foundation_Day_14964/

The Takeover Regulations Advisory Committee (TRAC) had given their recommendations for the new Takeover Regulations. The Securities & Exchange Board of India vide Circular No. SEBI/CFD/DCR/SAST/ 1/2011/09/23 dated 23rd September 2011 have notified the New Takeover Regulations based on the Report earlier submitted by the Takeover Regulations Advisory Committee (TRAC).

In the light of the same, ICSI-CCGRT is organising the program on New Takeover Regulations on Saturday, October 01, 2011i with a view to provide a platform for experts to provide in-depth analysis and practical insights to the members on the new Takeover Regulations.

For more details: ICSI-CCGRT , Plot No. 101, Sector -15, Institutional Area, CBD Belapur, Navi Mumbai – 400 614. Tel: 022–2757 7814/15, 022 – 4102 1504, Fax–022–2757 4384, email : ccgrt@icsi.edu   

Source: ICSI Website

The Ministry of Corporate Affairs (MCA) has diluted its earlier decision and allowed companies not filing their updated balance sheets and profits and accounts to the Registrars of Companies (RoCs) to apply for liquidation through a speedy process. Also, directors of the firms can now intimate management changes, consolidations and divisions, changes in share capital without filing / updating their accounts with the RoCs.

Earlier, the ministry had disallowed firms that do not submit their updated accounts from making most other statutory filings.

While the ministry circular three months ago barred such defaulters from making any routine submissions to the RoCs before they update, their annual balance sheets and profit and loss accounts, MCA has now revised its stand to allow RoCs to accept over two dozen types of submission, irrespective of the compliance level of registered firms. If the ministry’s rationale for the earlier decision was to ensure corporate governance and proper compliance by companies, the relaxation is being carried out “in the interest of the stakeholders”.

Talking about the earlier decision, an MCA official explained this was a move to bar fraudsters from misusing the easy exit route, as they will have to furnish the financial details before de- registering the firm.

The current changes, to take effect from September 25, will allow companies to apply for a speedy exit scheme to wind up operations even without updating financial vitals.

Source:  Business Standard

 

A Parliamentary Panel has asked the Government to devise a mechanism to ensure a minimum assured/guaranteed return to subscribers of New Pension System (NPS).

In the absence of such a guarantee/assurance, the NPS cannot justifiably claim to provide ‘old age income security’, the Standing Committee on Finance said in its report on the PFRDA Bill, 2011. The report was tabled in the Lok Sabha on Tuesday.

This minimum assured return should be provided to ensure that the NPS subscribers are not at any disadvantage vis-à-vis other pensioners. The minimum rate of return on the contributions to the pension fund should not be less than the interest rate on employee provident fund scheme, the House Panel headed by Mr. Yashwant Sinha said. Any shortfall on this count (providing minimum assured return) should be made good from the Budget, the report said.

The Standing Committee has also recommended that the foreign direct investment (FDI) in the pension sector be capped at 26 per cent. The Government favours this.

Source: Business Line

The Service Tax Rules, 1994 is amended to insert a clause that every assessee shall submit the half yearly return electronically. This shall come into force on the 01st day of October 2011.

Source: http://taxguru.in

Keeping in view the recommendations made by Vepa Kamesam committee, Ministry of Corporate Affairs is proposed to give statutory recognition to SFIO. Besides, powers such as treating its investigation report as a report filed by a Police Officer, giving SFIO power to issue letter of requests in cases involving companies having business/interests outside the country and definition of the term ‘fraud’ along with its punishment are also proposed to be included, subject to due approvals, in the revised Companies Bill for strengthening its enforcement framework. The Ministry has been organizing Investor awareness workshops and seminars in partnership with the Institute of Chartered Accountants of India (ICAI), Institute of Cost and Works Accountants of India (ICWAI) and Institute of Company Secretaries of India (ICSI) and trade chambers throughout the country to bring awareness amongst the general public for assisting in taking appropriate investment decisions. It has also been taking up print media campaigns and issue of advertisements in leading national and regional vernacular newspapers in form of advisory to the potential investors to be careful before making any deposit/investment in collective schemes of any entity either through online or offline.\

Source: www.pib.nic.in

 

Board of Directors of Kingfisher Airlines Ltd. has given it the go ahead for a rights issue of up to 20 billion rupees ($435.7 million), giving the carrier a new option to raise funds as it still couldn’t proceed with the earlier plan to sell about $250 million of global depositary receipts. The board’s approval on Thursday comes as the [Read More...]

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Finance Minister Pranab Mukherjee said that, the agreement signed with Switzerland for sharing banking information on demand is likely to come into force by September. He had signed the agreement with Switzerland for sharing banking information of Indians having accounts there during his earlier tenure as Finance Minister in UPA-I government. The Swiss Parliament had ratified the agreement but as [Read More...]

As an initiative to nurse back sick PSUs to health, the Government is considering to enhance the retirement age of employees to 60, in companies for which revival schemes have been approved. At present, the superannuation age in sick PSUs is 58 years. The move to raise the retirement age is in line with the recommendations of the Board for [Read More...]

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