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  • Tapan Ray Panel to Review Companies Law

    • Aimed to review the 2013 Company Law, the Tapan Ray panel proposed over 2000 suggestions and recommendations
    • Recommendations are aimed at making the transition from Companies Act 1956 to Companies Act 2013 easier, improve Ease of Doing Business and provide better environment to start-ups

    Major recommendations:

    • As per 2013 law, a public sector company is required to seek approval from central government should it want to give total managerial remuneration which exceeds 11% of net profit. The panel has recommended doing away with the provision
    • Harmonizing disclosure standards between SEBI and Companies Act
    • The independent director should not have any kind of pecuniary relationship with the company
    • Defining a ‘subsidiary company‘ in terms of voting rights of the holding company instead of ‘total share capital’ of the holding company.
    • Removal of provision under Section 2(87), which prohibited the companies to not have more than two levels of subsidiaries
    • Establishment of an independent body, National Financial Reporting Authority (NFRA), to provide for matters relating to accounting and auditing standards. It is being seen as a major jolt to the Institute of Chartered Accountants of India (ICAI)
    • Allowing start-ups to issue 50% of the paid capital as sweat equity against existing norms of 25 %
    • Allowing start-ups to issue employee stock ownership plan (ESOP) to promoters who are working as employees or employee directors or whole-time directors
    • Only those frauds which involve Rs 10 lakh or above, or one per cent of the company’s turnover, whichever is lower, may be punishable under Section 447 of the companies act

    Background:

    • The enactment of the Companies Act, 2013 is considered to be one of the most significant legal reforms in India in the recent past, aimed at bringing Indian company law in tune with global standards
    • The Act introduced significant changes in the company law in India, especially in relation to accountability, disclosures, investor protection and corporate governance
    • In view of the extent and scope of changes, the stakeholders took some time to come to terms with the new regime with the new provisions, and encountered some difficulties in the process
    • Several representations were made to the Government on the practical difficulties faced during implementation
    • Though a few immediate amendments were made in May, 2015, the Government continued to receive representations that the Act needed further review

    The Committee was thus constituted to-

    • Make recommendations on issues arising from the implementation of the Companies Act, 2013
    • Examine the recommendations received from the Bankruptcy Law Reforms Committee, the High Level Committee on Corporate Social Responsibility, the Law Commission of India and other agencies
  • FOREX and GMS.

    Gold is a part of FOREX. Does Gold obtained via Gold Monetisation Scheme qualifies as FOREX?

  • Bonds

    Are all securities fixed income instruments? If NO, pl give some examples. Do securities in anyway depend on currency exchange rates? If YES, pl explain. Thanks

  • Fiscal Defict Calculation

    How the fiscal deficit number in Table 2.6 page no. 44 (public finance) of the economic survey has been calculated? Can anyone kindly explain how the number is calculated ? Thanks.

  • Fiscal deficit

    How the fiscal deficit number in Table 2.6 page no. 44 (public finance) of the economic survey has been calculated? Can anyone kindly explain how the number is calculated ? Thanks.

  • Net Neutrality Debate in India

    Net Neutrality Debate in India
    source: Scroll.in

    This is a follow up discussion on Net Neutrality. Read these two important articles to enhance your understanding:


    Let’s understand the different stakeholders in the internet space

    4 stakeholders –

    1. Consumers (us)
    2. TSPs & ISPs – Telecom Service Providers & Internet Service Providers
    3. Over-the-top (OTT) service providers – Those who build websites, applications over the top of the internet layer
    4. Government or the regulator

    The Telecom Regulatory Authority of India (TRAI) is the independent regulator of the telecommunications business in India.

    The recommendations made by the TRAI are not binding on the Central Government. However, the Central Government has to mandatorily ask for recommendations from TRAI with respect to need and timing of new service provider and terms and conditions of the licence to be granted to the service provider.

    3 basic tenets of net neutrality

    1. All websites or applications should be treated equally by TSPs
    2. All applications should be allowed to be accessed at the same internet speed
    3. All applications should be accessible for the same cost [The bone of contention with allowing FREE Basics!]

    What are OTT services?

    Essentially they refer to the online content. OTT service can be facilitated by the TSP or ISP itself (music app from Airtel) or can be issues by a third party (Saavn.com, gaana.com).

    The creation of OTT applications has led to a wide-ranging conflict between companies that offer similar or overlapping services. Think of it this way – Airtel might offer you better browsing speeds because it wants you to use its music service – Wync but you happen to take the 3G pack from Airtel and use Saavn.com/ Gaana.com

    Take the controversy over the use of Whatsapp/ Normal messaging (where bulk revenue goes to the company which was the ISP).

    How is net neutrality regulated in other countries?

    The US Federal Communications Commission (telecom regulator in the USA) released new internet rules in March 2015, which mainly disallow:

    • Blocking,
    • Throttling or slowing down, and
    • Paid prioritisation of certain applications over others

    UK still allows paid discrimination.

    Coming back to TSPs/ ISPs & OTT service providers, what was the issue?

    We touched this point above (briefly) that TSPs are at the helm of making and maintaining the infrastructure over which the OTT services operate.

    1. They don’t get any share in the revenues of the OTT service providers
    2. Certain websites or applications require higher bandwidth than others for which the TSPs need to build and upgrade network infrastructure. Customers fret when they are not able to enjoy a seamless experience
    3. The case of common interests – VoIP vs. Call over Mobile network, SMS vs. Whatsapp!

    The Telecom and Regulatory Authority of India (TRAI) released the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016. These regulations prohibit Telecom Service Providers from charging different tariffs from consumers for accessing different services online.

    What do TRAI’s 2016 Regulations say?

    (i) no service provider is allowed to enter into any agreement or contract that would result in discriminatory tariffs being charged to a consumer on the basis of content (data services),

    (ii) such tariffs will only be permitted in closed electronic communications networks, which are networks where data is neither received nor transmitted over the internet,

    (iii) a service provider may reduce tariff for accessing or providing emergency services,

    (iv) in case of contravention of these regulations, the service provider may have to pay Rs 50,000 per day of contravention, subject to a maximum of Rs 50 lakh, etc


    Sources: Ref1 |  Ref2 | Ref3 (PRS Blog - for basics)
  • NPA Crisis

    • What is NPA?
    • Impact of NPA on economy
    • Reasons for the rise in NPA in recent years
    • Why most NPA in Public sector?
    • Steps taken by RBI and Government in last few years to curb NPA
    • How to curb the menace of NPA

    source

    According to RBI’s recent data, the gross non-performing assets (NPAs) of public sector banks are just under Rs 4 lakh crore, and they collectively account for 90 percent of such rotten apples in the country’s banking portfolio.

    In terms of net NPAs, their share is even higher – at 92 percent of the total bad loans reported so far in the banking system. The total NPAs of Indian banks, as a percentage of the total loans, has grown from 2.11 per cent(2008) to 5.08 percent(2016).

    In this article we will explain what is NPA, The reason why NPA increased in India and steps taken by Government in recent years to curb the menace of NPA and what else needs to be done.

    What is NPA?

    • The assets of the banks which don’t perform (that is – don’t bring any return) are called Non Performing Assets (NPA) or bad loans. Bank’s assets are the loans and advances given to customers. If customers don’t pay either interest or part of principal or both, the loan turns into bad loan.
    • According to RBI, terms loans on which interest or instalment of principal remain overdue for a period of more than 90 days from the end of a particular quarter is called a Non-performing Asset.
    • However, in terms of Agriculture / Farm Loans; the NPA is defined as under: For short duration crop agriculture loans such as paddy, Jowar, Bajra etc. if the loan (installment / interest) is not paid for 2 crop seasons, it would be termed as a NPA. For Long Duration Crops, the above would be 1 Crop season from the due date.
    source

    Impact of NPA on Economy

    The problem of NPAs in the Indian banking system is one of the foremost and the most formidable problems that had impact the entire banking system. Higher NPA leads to following adverse impact on Economy:

    1. Depositors do not get rightful returns and many times may lose uninsured deposits. Banks may begin charging higher interest rates on some products to compensate Non-performing loan losses
    2. Bank shareholders are adversely affected
    3. Bad loans imply redirecting of funds from good projects to bad ones. Hence, the economy suffers due to loss of good projects and failure of bad investments
    4. When bank do not get loan repayment or interest payments, liquidity problems may ensue.

    Reasons for the rise in NPA in recent years

    • GDP slowdown: Between early 2000’s and 2008 Indian economy were in the boom phase. During this period Banks especially Public sector banks lent extensively to corporates. However, the profits of most of the corporate dwindled due to slowdown in the global and domestic economy, bans in mining projects, delays in environmental related permits ,Land acquisition hurdles and volatility in prices of raw material. This has adversely affected their ability to pay back loans and is the most important reason behind increase in NPA of public sector banks.
    • Relaxed lending Norms: One of the main reasons of rising NPA was the relaxed lending norms especially for corporate honchos when their financial status and credit rating was not analyzed properly. Also, to face competition banks were hugely selling unsecured loans .
    • Priority Sector Lending: There is a myth that main reason for rise in NPA in Public sector banks was Priority sector lending as according to the findings of Standing Committee on Finance , NPAs in the corporate sector are far higher than those in the priority or agriculture sector. However, even if PSL is not the main cause but it is still a cause for rising NPA which can be seen from the fact that As per the latest estimates by the SBI, education loans constitute 20% of its NPAs.
    • The Lack of Bankruptcy code in India and sluggish legal system makes it difficult for banks to recover these loans from both corporate and noncorporate.

    Other factors

    • Banks did not conducted adequate contingency planning, especially for mitigating project risk. They did not factor eventualities like failure of gas projects to ensure supply of gas or failure of land acquisition process for highways.
    • Restructuring of loan facility was extended to companies that were facing larger problems of over-leverage & inadequate profitability. This problem was more in the Public sector banks.
    • Companies with dwindling debt repayment capacity were raising more & more debt from the system.

    Why most NPA in Public sector?

    • Five sectors Textile, aviation, mining, Infrastructure contributes to most of the NPA, since most of the loan given in these sector are by PSB, they account for most of the NPA.
    • Public Sector banks provide around 80% of the credit to industries and it is this part of the credit distribution that forms a great chunk of NPA. Last year, when kingfisher was marred in financial crisis, SBI provided it huge amount of loan which it is not able to recover from it.
    • Less Professional management
    • Political Pressure and interference forces PSB to lend to not so commercially sounds project.

    Steps taken by RBI and Government in last few years to curb NPA

    • Government has launched Mission Indradhanush to make the working of public sector bank more transparent and professional in order to curb the menace of NPA in future.
    • Government has also proposed to introduce Bankruptcy code which will make it easier for banks to Recover the loans from the debtors.
    • RBI introduced number of measures in last few years which include:
      • Tightening the Corporate Debt Restructuring (CDR) mechanism,
      • Setting up a Joint Lenders’ Forum, prodding banks to disclose the real picture of bad loans, asking them to increase provisioning for stressed assets,
      • Introducing a 5:25 scheme where loans are to be amortized over 25 years with refinancing option after every five years, and
      • Empowering them to take majority control in defaulting companies under the Strategic Debt Restructuring (SDR) scheme.

    How to curb the menace of NPA?

    #1. Short Term measures

    • Review of NPA’S/Restructured advances- We need to assess the viability case by case. Viable accounts need to be given more finance for turnaround and unviable accounts should either be given to Asset Reconstruction Company or Management/ownership restructuring or permitting banks to take over the units.
    • Bankruptcy code should be passed as soon as possible. Bankruptcy code will make it easier for banks to recover loans from unviable enterprises.
    • Government should establish ARC with equity contribution from the government and the Reserve Bank of India (RBI). The established ARC should take the tumor (of non-performing assets or NPAs) out” of the banking system. An ARC acquires bad loans from banks and financial institutions, usually at a discount, and works to recover them through a variety of measures, including sale of assets or a turnaround steered by professional management. Relieved of their NPA burden, the banks can focus on their core activity of lending.

    #2. Long term Measures

    • Improving credit risk management– This includes credit appraisal, credit monitoring, and efficient system of fixing accountability and analyzing trends in group leverage to which the borrowing firm belongs to
    • Sources/structure of equity capital– Banks need to see that promoter’s contribution is funded through equity and not debt.
    • Banks should conduct necessary sensitivity analysis and contingency planning while appraising the projects and it should built adequate safeguards against such external factors.
    • Strengthen credit monitoring– Develop an early warning mechanism and comprehensive MIS(Management information system) can play an important role in it.MIS must enable timely detection of problem accounts, flag early signs of delinquencies and facilitate timely information to management on these aspects.
    • Enforce accountability- Till now lower ring officials considered accountable even though loaning decisions are taken at higher level. Thus sanction official should also share the burden of responsibility.
    • Restructured accounts should treated as non performing and technical write offs where Banks remove NPA’S from their balance sheets Permanently should be dispensed with.
    • Address corporate governance issues in PSB- This includes explicit fit and proper criteria for appointment of top executives and instituting system of an open market wide search for Chairman.

    References:

  • संपादकीय और विचार, 16 अप्रैल: बाबासाहेब अम्बेडकर, लोक अदालत और पल्माइरा की कहानी

    आज के लिंक-

    1. लोक अदालत : विवादों के निपटारे की एक वैकल्पिक व्यवस्था

    लिंक- http://www.deshbandhu.co.in/newsdetail/13080/9/200#.VxHdQdR97IU

    (लोक अदालत भारत में विवादों के निपटारे की एक वैकल्पिक व्यवस्था है। विधिक सेवा प्राधिकरण अधिनियम की धारा 19(5) के अनुसार लोक अदालत को अधिकारिता प्राप्त है। लोक अदालत के विषय में विस्तृत जानकारी आप उपरोक्त लिंक से प्राप्त कर सकते हैं)

    2. डॉ. अम्बेडकर जीवन दर्शन

    लिंक- http://pib.nic.in/newsite/hindifeature.aspx?relid=47181

    (पीआइबी पर प्रकाशित इस लेख में आप बाबासाहेब अम्बेडकर के जीवन की कुछ बातों को जान सकेंगे. हालांकि उनके जीवन को जानने के लिए यह आलेख नाकाफ़ी है लेकिन फिर भी मूलभूत जानकारी के लिए इसे पढ़ा जाना चाहिए)

    3. महज दो साल में ये शहर तबाह हो गया

    लिंक- http://www.bbc.com/hindi/international/2016/04/160415_vert_cul_palmyra_ruins_cj

    (यह कहानी सीरिया के शहर पल्माइरा की है, जो उजड़ चुका था, फिर भी उजाड़ दिया गया. जब इस्लामिक स्टेट ने पिछले साल पल्माइरा पर कब्ज़ा कर लिया, तो उन्होंने इस ऐतिहासिक शहर के खंडहरों को डायनामाइट से उड़ा दिया. इस बारे में आप बीबीसी पर प्रकाशित इस रिपोर्ट को पढ़िए.)

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