Financial Accounting-1 Osmania University B.com 1st Semester Notes

Unit 1 Accounting process {Book}
Financial Accounting: Introduction, Definition, Evolution VIEW
Financial Accounting Scope VIEW
Financial Accounting Functions VIEW
Financial Accounting Advantages and Limitations VIEW
Users of Accounting Information VIEW
Branches of Accounting VIEW
Accounting Principles, Concepts and Conventions VIEW VIEW
Accounting Standards Meaning, Importance VIEW
List of Accounting Standards issued by ASB VIEW
Accounting System, Types of Accounts VIEW
Accounting Cycle VIEW
Journal VIEW VIEW
Ledger VIEW
Trial Balance VIEW VIEW

 

Unit 2 Subsidiary Books {Book}
Subsidiary Books Meaning, Types VIEW
Purchases Book, Purchases Returns Book, Sales Book, Sales Returns Book VIEW
Bills Receivable Book, Bills Payable Book VIEW
Cash Book: Single Column, Two Column, Three Column VIEW
Petty Cash Book VIEW
Journal Proper VIEW

 

Unit 3 Bank Reconciliation Statement {Book}
Bank Reconciliation Statement Meaning, Need VIEW
Reasons for differences between Cash book and Pass book balances VIEW
Favourable and over Draft balances VIEW
Ascertainment of correct cash book balance VIEW
Preparation of Bank Reconciliation Statement VIEW

 

Unit 4 Rectification of Errors and Depreciation {Book}
Capital and Revenue Expenditure VIEW
Capital and Revenue Receipts Meaning and Differences VIEW VIEW
Differed Revenue Expenditure VIEW
Errors and their Rectification VIEW
Types of Errors VIEW
Suspense Account VIEW
Effect of Errors on Profit VIEW
Depreciation (AS-6): Meaning Causes VIEW
Difference between Depreciation, Amortization and Depletion VIEW
Objectives of providing for depreciation VIEW
Factors affecting depreciation VIEW
Accounting Treatment of depreciation VIEW VIEW
Methods of depreciation:
Straight Line Method VEW
Diminishing Balance Method VIEW

 

Unit 5 Final Accounts {Book}
Final Accounts of Sole Trader: Meaning, Uses VIEW
Preparation of Manufacturing Account VIEW
Preparation of Trading Account VIEW
Preparation of Profit & Loss Account VIEW
Balance Sheet Adjustments VIEW VIEW
Closing Entries VIEW

Osmania University Hyderabad B.com Notes

1st Semester

Financial Accounting-1 (Updated)

VIEW

Business Organization and Management (Updated)

VIEW

Foreign Trade (Updated)

VIEW

2nd Semester

Financial Accounting-2 (Updated)

VIEW

Business Laws (Updated)

VIEW

Banking and Financial Services (Updated)

VIEW

3rd Semester

Principles of Insurance (Updated)

VIEW

Foundation of Digital Marketing (Updated)

VIEW

Fundamentals of Business Analytics (No Update)

VIEW

Practice of Life Insurance (Updated)

VIEW

Web Design & Analytics (Updated)

VIEW

Application of Business Analytics (No Update)

VIEW

Advanced Accounting (Updated)

VIEW

Business Statistics-1 (Updated)

VIEW

Financial Institutions and Markets (Updated)

VIEW

4th Semester

Practice of General Insurance (Updated)

VIEW

Social Media Marketing (Updated)

VIEW

Business Intelligence (No Update)

VIEW

Regulation of Insurance Business (Updated)

VIEW

Search Engine Optimization & Online Advertising (Updated)

VIEW

Data Visualization & Storytelling (No Update)

VIEW

Income Tax (Updated)

VIEW

Excel Foundation (No Update)

VIEW

Business Statistics-2 (Updated)

VIEW

Corporate Accounting (Updated)

VIEW

5th Semester

Business Economics (Updated)

VIEW

Cost Accounting (Updated)

VIEW

Financial Planning & Performance (Updated)

VIEW

International Financial Reporting-1 (Updated)

VIEW

Computerized Accounting (No Updated)

VIEW

Financial Decision Making-1 (Updated)

VIEW

International Tax & Regulation (Updated)

VIEW

Auditing (Updated)

VIEW

Advanced Corporate Accounting (Updated)

VIEW

Financial Management (Updated)

VIEW

6th Semester

Research Methodology and Project Report (Updated)

VIEW

Cost Control and Management Accounting (Updated)

VIEW

Financial Control (Updated)

VIEW

International Financial Reporting-2

VIEW

Theory and Practice of GST (No Update)

VIEW

Financial Decision Making-2 (Updated) VIEW
International Auditing

VIEW

Accounting Standards (Updated)

VIEW

Corporate Governance (Updated)

VIEW

Investment Management (Updated)

VIEW

Life insurance

The insurance sector in India has come a full circle from being an open competitive market to nationalization and back to a liberalized market again. Tracing the developments in the Indian insurance sector reveals the 360-degree turn witnessed over a period of almost two centuries.

A brief history of the Insurance sector

The business of life insurance in India in its existing form started in India in the year 1818 with the establishment of the Oriental Life Insurance Company in Calcutta.

Some of the important milestones in the life insurance business in India are:

  • 1912: The Indian Life Assurance Companies Act enacted as the first statute to regulate the life insurance business.
  • 1928: The Indian Insurance Companies Act enacted to enable the government to collect statistical information about both life and non-life insurance businesses.
  • 1938: Earlier legislation consolidated and amended to by the Insurance Act with the objective of protecting the interests of the insuring public.
  • 1956: 245 Indian and foreign insurers and provident societies taken over by the central government and nationalised. LIC formed by an Act of Parliament, viz. LIC Act, 1956, with a capital contribution of Rs. 5 crore from the Government of India.

The General insurance business in India, on the other hand, can trace its roots to the Triton Insurance Company Ltd., the first general insurance company established in the year 1850 in Calcutta by the British.

Some of the important milestones in the general insurance business in India are:

  • 1907: The Indian Mercantile Insurance Ltd. set up, the first company to transact all classes of general insurance business.
  • 1957: General Insurance Council, a wing of the Insurance Association of India, frames a code of conduct for ensuring fair conduct and sound business practices.
  • 1968: The Insurance Act amended to regulate investments and set minimum solvency margins and the Tariff Advisory Committee set up.
  • 1972: The General Insurance Business (Nationalisation) Act, 1972 nationalised the general insurance business in India with effect from 1st January 1973.
  • 107 insurers amalgamated and grouped into four companies viz. the National Insurance Company Ltd., the New India Assurance Company Ltd., the Oriental Insurance Company Ltd. and the United India Insurance Company Ltd. GIC incorporated as a company.

Insurance sector reforms

In 1993, Malhotra Committee headed by former Finance Secretary and RBI Governor R.N. Malhotra was formed to evaluate the Indian insurance industry and recommend its future direction.

The Malhotra committee was set up with the objective of complementing the reforms initiated in the financial sector. The reforms were aimed at “creating a more efficient and competitive financial system suitable for the requirements of the economy keeping in mind the structural changes currently underway and recognizing that insurance is an important part of the overall financial system where it was necessary to address the need for similar reforms…”

In 1994, the committee submitted the report and some of the key recommendations included:

1) Structure

  • Government stake in the insurance Companies to be brought down to 50%.
  • Government should take over the holdings of GIC and its subsidiaries so that these subsidiaries can act as independent corporations.
  • All the insurance companies should be given greater freedom to operate.

2) Competition

  • Private Companies with a minimum paid up capital of Rs.1bn should be allowed to enter the industry.
  • No Company should deal in both Life and General Insurance through a single entity.
  • Foreign companies may be allowed to enter the industry in collaboration with the domestic companies.
  • Postal Life Insurance should be allowed to operate in the rural market.
  • Only One State Level Life Insurance Company should be allowed to operate in each state.

3) Regulatory Body

  • The Insurance Act should be changed.
  • An Insurance Regulatory body should be set up.
  • Controller of Insurance (Currently a part from the Finance Ministry) should be made independent.

4) Investments

  • Mandatory Investments of LIC Life Fund in government securities to be reduced from 75% to 50%.
  • GIC and its subsidiaries are not to hold more than 5% in any company (There current holdings to be brought down to this level over a period of time).

5) Customer Service

  • LIC should pay interest on delays in payments beyond 30 days.
  • Insurance companies must be encouraged to set up unit linked pension plans.
  • Computerisation of operations and updating of technology to be carried out in the insurance industry The committee emphasized that in order to improve the customer services and increase the coverage of the insurance industry should be opened up to competition.

But at the same time, the committee felt the need to exercise caution as any failure on the part of new players could ruin the public confidence in the industry. Hence, it was decided to allow competition in a limited way by stipulating the minimum capital requirement of Rs.100 crores. The committee felt the need to provide greater autonomy to insurance companies in order to improve their performance and enable them to act as independent companies with economic motives. For this purpose, it had proposed setting up an independent regulatory body.

Major Policy Changes

Insurance sector has been opened up for competition from Indian private insurance companies with the enactment of Insurance Regulatory and Development Authority Act, 1999 (IRDA Act). As per the provisions of IRDA Act, 1999, Insurance Regulatory and Development Authority (IRDA) was established on 19th April 2000 to protect the interests of holder of insurance policy and to regulate, promote and ensure orderly growth of the insurance industry. IRDA Act 1999 paved the way for the entry of private players into the insurance market which was hitherto the exclusive privilege of public sector insurance companies/ corporations. Under the new dispensation Indian insurance companies in private sector were permitted to operate in India with the following conditions:

  • Company is formed and registered under the Companies Act, 1956;
  • The aggregate holdings of equity shares by a foreign company, either by itself or through its subsidiary companies or its nominees, do not exceed 26%, paid up equity capital of such Indian insurance company;
  • The company’s sole purpose is to carry on life insurance business or general insurance business or reinsurance business.
  • The minimum paid up equity capital for life or general insurance business is Rs.100 crores.
  • The minimum paid up equity capital for carrying on reinsurance business has been prescribed as Rs.200 crores.

The Authority has notified 27 Regulations on various issues which include Registration of Insurers, Regulation on insurance agents, Solvency Margin, Re-insurance, Obligation of Insurers to Rural and Social sector, Investment and Accounting Procedure, Protection of policy holders’ interest etc. Applications were invited by the Authority with effect from 15th August, 2000 for issue of the Certificate of Registration to both life and non-life insurers. The Authority has its Head Quarter at Hyderabad.

LIFE INSURERS Websites
Public Sector
Life Insurance Corporation of India http://www.licindia.com
Private Sector
Allianz Bajaj Life Insurance Company Limited http://www.allianzbajaj.co.in
Birla Sun-Life Insurance Company Limited http://www.birlasunlife.com
HDFC Standard Life Insurance Co. Limited http://www.hdfcinsurance.com
ICICI Prudential Life Insurance Co. Limited http://www.iciciprulife.com
ING Vysya Life Insurance Company Limited http://www.ingvysayalife.com
Max New York Life Insurance Co. Limited http://www.maxnewyorklife.com
MetLife Insurance Company Limited http://www.metlife.com
Om Kotak Mahindra Life Insurance Co. Ltd. http://www.omkotakmahnidra.com
SBI Life Insurance Company Limited http://www.sbilife.co.in
TATA AIG Life Insurance Company Limited http://www.tata-aig.com
AMP Sanmar Assurance Company Limited http://www.ampsanmar.com
Dabur CGU Life Insurance Co. Pvt. Limited http://www.avivaindia.com
GENERAL INSURERS
Public Sector
National Insurance Company Limited http://www.nationalinsuranceindia.com
New India Assurance Company Limited http://www.niacl.com
Oriental Insurance Company Limited http://www.orientalinsurance.nic.in
United India Insurance Company Limited http://www.uiic.co.in
Private Sector
Bajaj Allianz General Insurance Co. Limited http://www.bajajallianz.co.in
ICICI Lombard General Insurance Co. Ltd. http://www.icicilombard.com
IFFCO-Tokio General Insurance Co. Ltd. http://www.itgi.co.in
Reliance General Insurance Co. Limited http://www.ril.com
Royal Sundaram Alliance Insurance Co. Ltd. http://www.royalsun.com
TATA AIG General Insurance Co. Limited http://www.tata-aig.com
Cholamandalam General Insurance Co. Ltd. http://www.cholainsurance.com
Export Credit Guarantee Corporation http://www.ecgcindia.com
HDFC Chubb General Insurance Co. Ltd.
REINSURER
General Insurance Corporation of India http://www.gicindia.com

Protection of the interest of policy holders:

IRDA has the responsibility of protecting the interest of insurance policyholders. Towards achieving this objective, the Authority has taken the following steps:

  • IRDA has notified Protection of Policyholders Interest Regulations 2001 to provide for: policy proposal documents in easily understandable language; claims procedure in both life and non-life; setting up of grievance redressal machinery; speedy settlement of claims; and policyholders’ servicing. The Regulation also provides for payment of interest by insurers for the delay in settlement of claim.
  • The insurers are required to maintain solvency margins so that they are in a position to meet their obligations towards policyholders with regard to payment of claims.
  • It is obligatory on the part of the insurance companies to disclose clearly the benefits, terms and conditions under the policy. The advertisements issued by the insurers should not mislead the insuring public.
  • All insurers are required to set up proper grievance redress machinery in their head office and at their other offices.
  • The Authority takes up with the insurers any complaint received from the policyholders in connection with services provided by them under the insurance contract. 

General Insurance Companies:

Private Sector Companies

  • Aditya Birla Health Insurance Co. Ltd.
  • Bajaj Allianz General Insurance Co. Ltd.
  • Bharti AXA General Insurance Co.Ltd.
  • Cholamandalam General Insurance Co. Ltd.
  • Future Generali India Insurance Co.Ltd.
  • HDFC ERGO General Insurance Co. Ltd.
  • ICICI Lombard General Insurance Co. Ltd.
  • IFFCO-Tokio General Insurance Co. Ltd.
  • Kotak General Insurance Co. Ltd.
  • L&T General Insurance Co. Ltd.
  • Liberty Videocon General Insurance Co. Ltd.
  • Magma HDI General Insurance Co. Ltd.
  • Raheja QBE General Insurance Co. Ltd.
  • Reliance General Insurance Co. Ltd.
  • Royal Sundaram Alliance Insurance Co. Ltd
  • SBI General Insurance Co. Ltd.
  • Shriram General Insurance Co. Ltd.
  • TATA AIG General Insurance Co. Ltd.
  • Universal Sompo General Insurance Co.Ltd.

Health Insurance Companies

  • Apollo Munich Health Insurance Co.Ltd.
  • Star Health Allied Insurance Co. Ltd.
  • Max Bupa Health Insurance Co. Ltd.
  • Religare Health Insurance Co. Ltd.
  • Cigna TTK Health Insurance Co. Ltd.

This collaboration with the foreign markets has made the Insurance Sector in India only grow tremendously with a high current market share. India allowed private companies in insurance sector in 2000, setting a limit on FDI to 26%, which was increased to 49% in 2014. IRDAI states –  Insurance Laws (Amendment) Act, 2015 provides for enhancement of the Foreign Investment Cap in an Indian Insurance Company from 26% to an Explicitly Composite Limit of 49% with the safeguard of Indian Ownership and Control.

Private insurers like HDFC, ICICI and SBI have been some tough competitors for providing life as well as non-life products to the insurance sector in India.

The Future Of Insurance Sector In India

Though LIC continues to dominate the Insurance sector in India, the introduction of the new private insurers will see a vibrant expansion and growth of both life and non-life sectors in 2017. The demands for new insurance policies with pocket-friendly premiums are sky high. Since the domestic economy cannot grow drastically, the insurance sector in India is controlled for a strong growth.

With the increase in income and exponential growth of purchasing power as well as household savings, the insurance sector in India would introduce emerging trends like product innovation, multi-distribution, better claims management and regulatory trends in the Indian market.

The government also strives hard to provide insurance to individuals in a below poverty line by introducing schemes like the

  • Pradhan Mantri Suraksha Bima Yojana (PMSBY),
  • Rashtriya Swasthya Bima Yojana (RSBY) and
  • Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY).

Introduction of these schemes would help the lower and lower-middle income categories to utilize the new policies with lower premiums in India.

With several regulatory changes in the insurance sector in India, the future looks pretty awesome and promising for the life insurance industry. This would further lead to a change in the way insurers take care of the business and engage proactively with its genuine buyers.

Some demographic factors like the growing insurance awareness of the insurance, retirement planning, growing middle class and young insurable crowd will substantially increase the growth of the Insurance sector in India.

International Insurance Market

Globally, the insurance industry experienced strong premium growth in 2015, at 5.6 percent, whereas growth in 2016 is expected to be noticeably slower, at 4.4 percent. Total premiums are expected to reach €4.6 trillion, up from €4.4 trillion in 2015.

What factors help explain the industry’s performance? The global insurance industry is undergoing turbulent times with the continuing low interest rate environment, a challenging equity market, and tightening regulatory changes, such as the US Department of Labor (DOL) rule and new US tax guidelines. Meanwhile, consumers’ shift to hybrid online and offline research and purchasing has largely concluded in developed markets and is accelerating in developing markets with the spread of mobile phones. These changes, along with the impact of price-comparison websites and other technology developments, plus the race to implement digital processes, are tectonic shifts forcing insurers to adjust their business models.

Mature markets in North America and Western Europe required the deployment of considerable strength to address these trends. With life eroding and P&C flattening, the mature markets have exhibited slower growth rates than insurance in emerging markets, and the figures in our report are beginning to reflect these major fault lines by business segment and geography.

Specifically, preliminary reports at the segment level globally suggest that health had the highest growth rate from 2015 to 2016, at 6 percent followed by P&C at 4.2 percent, while life saw a slowdown in growth of gross written premiums (GWP) from 4.8 percent in 2015 to 3.8 percent in 2016.

At the regional level, EMEA recorded moderate growth in the P&C and health insurance segments, while life is expected to decline. Growth in the Americas region has been characterized by strong progress in health and moderate growth in the P&C segment. Life is expected to be a bit volatile, owing to changes in US regulations, and is projected to end 2016 with a slight decline in the Americas overall. In APAC, on the other hand, the insurance industry grew in all three segments, with health generating double-digit growth.

At the business segment level, preliminary reports revealed some important trends:

  • Life: Most regions, except the Americas and Western Europe, saw positive life growth in 2016, but the amount of the increase, as well as the factors responsible, varied by region. In a marked departure from 2015, Asian countries, such as China, Hong Kong (analyzed as a separate entity), and India, achieved the strongest gains. Of all life products, endowments experienced the most growth, mainly driven by emerging Asia and the United States, whereas Unit-linked (UL) products have seen a decrease in the United States and Western Europe. The key profit indicator life return on equity (RoE) rose from 11 percent in 2014 to 11.8 percent in 2015, but is expected to stabilize at the lower level of 10 percent going forward.
  • P&C. The global P&C insurance industry has remained stable over the past five years, growing at a steady 4 to 5 percent. It is also expected to grow at 4.2 percent for the year 2016, increasing the size of the global P&C market to €1.39 trillion. At the regional level, although the APAC region accounts for only 23 percent of the total P&C market, it has been the major driver of growth, growing at an average rate of 9 percent per annum (p.a.) since 2013, and is expected to grow even faster in the future. In contrast, the Americas and the EMEA regions, accounting for 49 percent and 29 percent of the global market, respectively, are expected to grow at a scant 2 to 3 percent over the next two years.

Longer term, we believe P&C will see declining if not negative growth, at least in mature markets, due to, for example, safer and fewer cars and more technology for risk prevention in homes and factories.

Global distribution trends vary by product and region. In life insurance, while bancassurance dominates the distribution space in many Asian and European geographies, brokers are more popular in North America. P&C insurance remains, as before, more dominated by agents and brokers, but we see a rapid increase in the popularity of direct distribution modes in many geographies. Analyses of the performance of direct players, in some geographies, also reveal that they are able to outperform their markets. The role of direct will be highly important in mastering the cost reduction challenge, particularly the effects of digital attackers and price-comparison websites. While direct is starting to stagnate in Western Europe, the big change is that all customers are becoming hybrid, implying much greater price transparency hence further cost pressure as well as the need to change the operating model of non-direct to fully multi- or omnichannel. Companies seeking top growth opportunities in the global insurance markets can explore both the fastest-growing markets and the largest developed markets. As the slowing growth rates suggest, however, most carriers will also need to search farther afield. Looking ahead, at the geographic level, Latin America and the Middle East are expected to be the fastest growing regional markets, that is, offering double-digit rates of annual GWP growth. In the APAC region, the top line is expected to grow at a brisk pace with health as its fastest growing segment.

Underwriting Practice and Procedures

Underwriting is the process of determining whether an insured is an acceptable risk, and if so, at what rate the insured will be accepted. Insurers cannot accept every applicant. An insurer has a responsibility to its current policyholders to make sure that it will be able to meet all the contractual obligations of its existing policies. If the insurance company issues policies on applicants that represent risks that are uninsurable or risks that require premiums higher than the insurer may charge can cover, the insurer’s ability to meet its contractual obligations is jeopardized. On the other hand, a for-profit insurer wants to make money and to increase its number of policyholders. No insurer wants to reject applicants unnecessarily. All these factors must be taken into consideration in the underwriting process. An insurer is also regulated by the states in which it does business. The states expect the insurer to establish reasonable, non-discriminatory standards for accepting insured. Regulation is another important factor in the underwriting process; most of the risks are tariff governed.

It is very important for you to understand the underwriting process to help you avoid needless frustration.

After you apply for life insurance, the company is going to look at different criteria to decide if they are going to accept your application for coverage.

Several of the major factors the underwriter will review are your driving history, prescription history, family health history, usage of alcohol, height and weight and of course any prior medical issues or surgeries.

If you elect to purchase a life insurance policy requiring a free medical exam all the exam results will be reviewed prior to an underwriting decision.

The underwriting process is an essential part of any insurance application.

When an individual applies for insurance coverage, he or she is essentially asking the insurance company to take on the potential risk of having to pay a claim in the future.

In many cases, life insurance claims can be quite high.

Therefore, it is critical to the financial long-term health of the insurance company to not take on too great a risk when taking into consideration an applicant for life insurance coverage.

Underwriting services are provided by some large financial institutions, such as banks, or insurance or investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liability arising from such guarantee. An underwriting arrangement may be created in a number of situations including insurance, issues of security in a public offering, and bank lending, among others. The person or institution that agrees to sell a minimum number of securities of the company for commission is called the Underwriter.

The name derives from the Lloyd’s of London insurance market. Financial bankers, who would accept some of the risk on a given venture (historically a sea voyage with associated risks of shipwreck) in exchange for a premium, would literally write their names under the risk information that was written on a Lloyd’s slip created for this purpose.

Underwriting Process

In order for the insurance companies to make profit and charge the appropriate rate for an insured, they undergo the underwriting process. Underwriting is the process in which an insurance company determines if an applicant is eligible for insurance and the rate they should charge if the applicant is eligible. In simpler words, it is a process of risk classification. The purpose of insurance underwriting is to spread risk among a pool of insured in a way that is both profitable for the insurer and fair to the customer. Insurance companies need to make a profit like many other businesses. Therefore, it doesn’t make sense if they sell insurance for everyone who applies for it. They may not want to charge an excessive high rate to the customer and also it is not good for them to charge the same premium to every policyholder. “Underwriting enables the company to weed out certain applicants and to charge the remaining applicants premiums that are commensurate with their level of risk” (Conrad, Clark, Goodwin, Morse & Kane, 2011).

The underwriting process consist of evaluating several sources of an applicant and the use of complex pricing models developed by actuaries that help the insurance companies set prices.

Underwriters use underwriting guidelines based on mortality statistics that are calculated by actuaries. All insurance products involve some degree of underwriting. For life insurance, the underwriter looks at data like your health and medical history as well as lifestyle information like your hobbies and financial ability.

There are broadly two parts to underwriting:

1) Financial underwriting: It helps the underwriter to make sure the amount you’re purchasing is in line with your family’s and your needs.

2) Medical underwriting: Here, the underwriters determine how much of a risk you are to insure by evaluating factors that may affect your mortality.

Step 1: Application Quality Check

Your application is first gone through to make sure the information provided is complete and correct. Therefore, it is important you fill your proposal form carefully and completely. Unless the missing information is related to your medical history, a minor change required in an application does not typically slow down the underwriting process. After this, your application goes into the official underwriting process. Each of the following checks can increase the turnaround time, but it is worth it to get you the right premium price you will need to pay over the policy term.

Step2: Medical Examination

This step involves looking thoroughly at the results of your paramedical exam, conducted only if required for health proof. This medical test is a simple checkup with the doctor recommended by the insurance company. After the medical examination, the results are sent to the underwriter for evaluation. The information used by the underwriter is mainly of three types – basic measurements, your blood test and drug test. Basic measurements include regular metrics like height, weight, blood pressure. Blood test can get a lot of information on potential health risks such as heart disease, stroke, diabetes, and blood-borne illnesses, among others. Finally, a urine test for a full drug panel will alert the underwriter to the use of drugs, smoking and alcohol consumption.

Step 3: Final Application Rating

Once the underwriting process is complete and all your medical and financial background have been checked, you are either made a counter offer suggesting the changes basis you policy evaluation, or you are proudly offered the life insurance policy. Depending upon your acceptance or rejection of the new policy term, your policy is then issued. The whole process can take anywhere between three to eight weeks. After this, all that’s left to be done is to confirm the premium rate, sign the policy to put it in force to keep your family protected.

While not every applicant will require a detailed medical examination, underwriters may sometimes request an inspection report, or independent information on the applicant’s financial situation and lifestyle. The premium that you have to pay for your life insurance policy depends majorly on this evaluation done basis factors like your age, your medical history, gender, lifestyle, and job. However, you must remember that a life insurance policy should not be bought on the basis of lower premiums.

IRDA Act 1999

The Insurance Regulatory and Development Authority of India (IRDAI) is an autonomous, statutory body tasked with regulating and promoting the insurance and re-insurance industries in India. It was constituted by the Insurance Regulatory and Development Authority Act, 1999, an Act of Parliament passed by the Government of India. The agency’s headquarters are in Hyderabad, Telangana, where it moved from Delhi in 2001.

IRDAI is a 10-member body including the chairman, five full-time and four part-time members appointed by the government of India.

Functions of the Insurance Regulatory and Development Authority Act

The functions of the IRDAI are defined in Section 14 of the IRDAI Act, 1999, and include:

  • Issuing, renewing, modifying, withdrawing, suspending or cancelling registrations
  • Protecting policyholder interests
  • Specifying qualifications, the code of conduct and training for intermediaries and agents
  • Specifying the code of conduct for surveyors and loss assessors
  • Promoting efficiency in the conduct of insurance businesses
  • Promoting and regulating professional organizations connected with the insurance and re-insurance industry
  • Levying fees and other charges
  • Inspecting and investigating insurers, intermediaries and other relevant organizations
  • Regulating rates, advantages, terms and conditions which may be offered by insurers not covered by the Tariff Advisory Committee under section 64U of the Insurance Act, 1938 (4 of 1938)
  • Specifying how books should be kept
  • Regulating company investment of funds
  • Regulating a margin of solvency
  • Adjudicating disputes between insurers and intermediaries or insurance intermediaries
  • Supervising the Tariff Advisory Committee
  • Specifying the percentage of premium income to finance schemes for promoting and regulating professional organizations
  • Specifying the percentage of life- and general-insurance business undertaken in the rural or social sector
  • Specifying the form and the manner in which books of accounts shall be maintained, and statement of accounts shall be rendered by insurers and other insurer intermediaries.

Provide license for:

  • Life Insurance
    • Term Plans
    • Endowment Policies
    • Unit-linked Insurance Policies
    • Retirement Policies
    • Money-back Policies
  • General Insurance
    • Health Insurance Policies
    • Vehicle/Motor Insurance Policies
      • Car insurance
      • Bike Insurance
    • Property Insurance Policies
    • Travel Insurance Plans
    • Gadget Insurance Plans

Structure of the Insurance Regulatory and Development Authority Act

Section 4 of the IRDAI Act 1999 specifies the authority’s composition. It is a ten-member body consisting of a chairman, five full-time and four part-time members appointed by the government of India. At present (1 Sept, 2018), the authority is chaired by Dr. Subhash C. Khuntia and its full-time members are Mrs T.L.Alamelu, K.Ganesh, Pournima Gupte, Praveen Kutumbe and Sujay Banarji.

History of the Insurance Regulatory and Development Authority Act

In India insurance was mentioned in the writings of Manu (Manusmrithi), Yagnavalkya (Dharmasastra) and Kautilya (Arthashastra), which examined the pooling of resources for redistribution after fire, floods, epidemics and famine. The life-insurance business began in 1818 with the establishment of the Oriental Life Insurance Company in Calcutta; the company failed in 1834. In 1829, Madras Equitable began conducting life-insurance business in the Madras Presidency. The British Insurance Act was enacted in 1870, and Bombay Mutual (1871), Oriental (1874) and Empire of India (1897) were founded in the Bombay Presidency. The era was dominated by British companies.

In 1914, the government of India began publishing insurance-company returns. The Indian Life Assurance Companies Act, 1912 was the first statute regulating life insurance. In 1928 the Indian Insurance Companies Act was enacted to enable the government to collect statistical information about life- and non-life-insurance business conducted in India by Indian and foreign insurers, including provident insurance societies. In 1938 the legislation was consolidated and amended by the Insurance Act, 1938, with comprehensive provisions to control the activities of insurers.

The Insurance Amendment Act of 1950 abolished principal agencies, but the level of competition was high and there were allegations of unfair trade practices. The Government of India decided to nationalise the insurance industry.

An ordinance was issued on 19 January 1956, nationalising the life-insurance sector, and the Life Insurance Corporation was established that year. The LIC absorbed 154 Indian and 16 non-Indian insurers and 75 provident societies. The LIC had a monopoly until the late 1990s, when the insurance industry was reopened to the private sector.

General insurance in India began during the Industrial Revolution in the West and the growth of sea-faring commerce during the 17th century. It arrived as a legacy of British occupation, with its roots in the 1850 establishment of the Triton Insurance Company in Calcutta. In 1907 the Indian Mercantile Insurance was established, the first company to underwrite all classes of general insurance. In 1957 the General Insurance Council (a wing of the Insurance Association of India) was formed, framing a code of conduct for fairness and sound business practice.

Eleven years later, the Insurance Act was amended to regulate investments and set minimum solvency margins and the Tariff Advisory Committee was established. In 1972, with the passage of the General Insurance Business (Nationalization) Act, the insurance industry was nationalized on 1 January 1973. One hundred seven insurers were amalgamated and grouped into four companies: National Insurance Company, New India Assurance Company, Oriental Insurance Company and United India Insurance Company. The General Insurance Corporation of India was incorporated in 1971, effective on 1 January 1973.

The re-opening of the insurance sector began during the early 1990s. In 1993, the government set up a committee chaired by former Reserve Bank of India governor R. N. Malhotra to propose recommendations for insurance reform complementing those initiated in the financial sector. The committee submitted its report in 1994, recommending that the private sector be permitted to enter the insurance industry. Foreign companies should enter by floating Indian companies, preferably as joint ventures with Indian partners.

Following the recommendations of the Malhotra Committee, in 1999 the Insurance Regulatory and Development Authority (IRDA) was constituted to regulate and develop the insurance industry and was incorporated in April 2000. Objectives of the IRDA include promoting competition to enhance customer satisfaction with increased consumer choice and lower premiums while ensuring the financial security of the insurance market.

The IRDA opened up the market in August 2000 with an invitation for registration applications; foreign companies were allowed ownership up to 26 percent. The authority, with the power to frame regulations under Section 114A of the Insurance Act, 1938, has framed regulations ranging from company registrations to the protection of policyholder interests since 2000.

In December 2000, the subsidiaries of the General Insurance Corporation of India were restructured as independent companies and the GIC was converted into a national re-insurer. Parliament passed a bill de-linking the four subsidiaries from the GIC in July 2002. There are 28 general insurance companies, including the Export Credit Guarantee Corporation of India and the Agriculture Insurance Corporation of India, and 24 life-insurance companies operating in the country. With banking services, insurance services add about seven percent to India’s GDP.

In 2013 the IRDAI attempted to raise the foreign direct investment (FDI) limit in the insurance sector to 49 percent from its current 26 percent. The FDI limit in the insurance sector was raised to 100 percent according to the budget 2019.

Merchant Banking and advisory services

Merchant Banking is a combination of Banking and consultancy services. It provides consultancy to its clients for financial, marketing, managerial and legal matters. Consultancy means to provide advice, guidance and service for a fee. It helps a businessman to start a business. It helps to raise (collect) finance. It helps to expand and modernize the business. It helps in restructuring of a business. It helps to revive sick business units. It also helps companies to register, buy and sell shares at the stock exchange.

Functions of Merchant Banking

The functions of merchant banking are listed as follows:

  1. Raising Finance for Clients

Merchant Banking helps its clients to raise finance through issue of shares, debentures, bank loans, etc. It helps its clients to raise finance from the domestic and international market. This finance is used for starting a new business or project or for modernization or expansion of the business.

  1. Broker in Stock Exchange

Merchant bankers act as brokers in the stock exchange. They buy and sell shares on behalf of their clients. They conduct research on equity shares. They also advise their clients about which shares to buy, when to buy, how much to buy and when to sell. Large brokers, Mutual Funds, Venture capital companies and Investment Banks offer merchant banking services.

  1. Project Management

Merchant bankers help their clients in the many ways. For e.g. Advising about location of a project, preparing a project report, conducting feasibility studies, making a plan for financing the project, finding out sources of finance, advising about concessions and incentives from the government.

  1. Advice on Expansion and Modernization

Merchant bankers give advice for expansion and modernization of the business units. They give expert advice on mergers and amalgamations, acquisition and takeovers, diversification of business, foreign collaborations and joint-ventures, technology up-gradation, etc.

  1. Managing Public Issue of Companies

Merchant bank advice and manage the public issue of companies. They provide following services:

  • Advise on the timing of the public issue.
  • Advise on the size and price of the issue.
  • Acting as manager to the issue, and helping in accepting applications and allotment of securities.
  • Help in appointing underwriters and brokers to the issue.
  • Listing of shares on the stock exchange, etc.
  1. Handling Government Consent for Industrial Projects

A businessman has to get government permission for starting of the project. Similarly, a company requires permission for expansion or modernization activities. For this, many formalities have to be completed. Merchant banks do all this work for their clients.

  1. Special Assistance to Small Companies and Entrepreneurs

Merchant banks advise small companies about business opportunities, government policies, incentives and concessions available. It also helps them to take advantage of these opportunities, concessions, etc.

  1. Services to Public Sector Units

Merchant banks offer many services to public sector units and public utilities. They help in raising long-term capital, marketing of securities, foreign collaborations and arranging long-term finance from term lending institutions.

  1. Revival of Sick Industrial Units

Merchant banks help to revive (cure) sick industrial units. It negotiates with different agencies like banks, term lending institutions, and BIFR (Board for Industrial and Financial Reconstruction). It also plans and executes the full revival package.

  1. Portfolio Management

A merchant bank manages the portfolios (investments) of its clients. This makes investments safe, liquid and profitable for the client. It offers expert guidance to its clients for taking investment decisions.

  1. Corporate Restructuring

It includes mergers or acquisitions of existing business units, sale of existing unit or disinvestment. This requires proper negotiations, preparation of documents and completion of legal formalities. Merchant bankers offer all these services to their clients.

  1. Money Market Operation

Merchant bankers deal with and underwrite short-term money market instruments, such as:

  • Government Bonds.
  • Certificate of deposit issued by banks and financial institutions.
  • Commercial paper issued by large corporate firms.
  • Treasury bills issued by the Government (Here in India by RBI).
  1. Leasing Services

Merchant bankers also help in leasing services. Lease is a contract between the lessor and lessee, whereby the lessor allows the use of his specific asset such as equipment by the lessee for a certain period. The lessor charges a fee called rentals.

  1. Management of Interest and Dividend

Merchant bankers help their clients in the management of interest on debentures / loans, and dividend on shares. They also advise their client about the timing (interim / yearly) and rate of dividend.

Services offered by Merchant Banks

Merchant Banks offers a range of financial and consultancy services, to the customers, which are related to:

  • Marketing and underwriting of the new issue.
  • Merger and acquisition related services.
  • Advisory services, for raising funds.
  • Management of customer security.
  • Project promotion and project finance.
  • Investment banking
  • Portfolio Services
  • Insurance Services.

Merchant Banker

Any person, indulged in issue management business by making arrangements with respect to trade and subscription of securities or by playing the role of manager/consultant or by providing advisory services, is known as a merchant banker. The activities carried out by merchant bankers are:

  • Private placement of securities.
  • Managing public issue of securities
  • Satellite dealership of government securities
  • Management of international offerings like Depository Receipts, bonds, etc.
  • Syndication of rupee term loans
  • Stock broking
  • International financial advisory services.

Objectives

Provide funds to companies: This usually includes loans for startup companies. They decide how much money a company needs to function through proposals created by these companies. They also help their clients raise funds through the stock exchange and other activities. Merchant banks act as a foundation for small scale companies in terms of their finances.

Underwriting: This is like insurance where banks sign into documents that agree to provide financial payment to their clients in case of any damage or losses. This is very important for clients to ensure that the bank will help them gain more income. If not, in case they would incur losses, the bank will pay them for the losses.

Manage their portfolios: The bank will look into the companies’ assets and will do the computation of their credits and debits to ensure they are not incurring any losses. They also provide other kinds of services to check on the liquidation of assets to track the income made by these companies and study how they can make it better.

Offering corporate advisory: They offer advises specially to starting companies and those that would want to expand. This advice involves financial aid to ensure that the company will be successful and will not have any problems along the way.

Managing corporate issues: Help incorporate securities management; they also serve as an intermediary bank in transferring capitals.

Qualities of A Good Merchant Bankers

  • Ability to analyse
  • Abundant knowledge
  • Ability to build up relationship
  • Innovative approach
  • Integrity
  • Capital Market facilities
  • Liaisoning ability
  • Cooperation and friendliness
  • contacts
  • Attitude toward problem Solving

Offer and Acceptance, Essential elements

Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance.

Offer

Treitel defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed”, the “offeree”. An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree.

The expression of an offer may take different forms and which form is acceptable varies by jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long as it communicates the basis on which the offeror is prepared to contract.

Features of a Valid offer

The person making the offer/proposal is referred to as the “promiser” or the “offeror”. And the person who accepts an offer is referred to as “promisee” or the “acceptor”.

  • The offeror must express his willingness to do or abstain from doing an act. Only willingness is not adequate. Or just an urge to do something or not to do anything will not be an offer.
  • An offer can either be positive or negative. It can be a promise to do some act, and can also be a promise to abstain from doing any act/service. Both are valid offers.

The element of a valid offer

There must be two parties

There have to be at least two parties a person making the proposal and the other person agreeing to it. All the persons are included i.e, Legal persons as well as artificial persons.

Every proposal must be communicated

Communication of the proposal is mandatory. An offer is valid if it is conveyed to the offeree. The communication can either be express or implied. It can be communicated by terms such as word of mouth, messenger, telegram, etc. Section 4 of the Indian Contract Act says that the communication of a proposal is complete when it comes to the awareness of the person to whom it is made.

It must create Legal Relations

An offer must be such that when accepted it will result in a valid contract. A mere social invitation cannot be regarded as an offer, because if such an invitation is accepted it will not give rise to any legal relationship.

It must be Certain and definite

The terms of the offer must be certain and clear in order to create a valid contract, it must not be ambiguous.

It may be specific or general

 The specific offer is an offer that is accepted by any specific or particular person or by any group to whom it is made. Whereas, The general offers are accepted by any person.

Classification of offer

Some types of offers can be based on the design, timing, purpose, etc. Let us look at the offer’s classification.

Express Offer

An offer may be made by express words, spoken or written. This is known as Express offer.

Implied Offer 

An offer may be derived from the actions or circumstances of the parties.

This is known as Implied offer.

General Offer

A general offer is not made by any specified party. It is one that is made by the public at large. Any member of the public can, therefore, accept the offer and have the right to the rewards/consideration.

Specific Offer

It is the offer made to a specific person or group of persons and can be accepted by the same, not anyone else.

Lapses and revocation of an offer

  • An offer lapses after a defined or reasonable time.
  • An offer lapse by not being accepted in the specified mode
  • An offer lapses by rejection.
  • An offer lapses by the offeror or the offeror’s death or insanity until acceptance.
  • An offer lapses by revocation before acceptance.
  • An offer lapses by subsequent illegality or destruction of the subject matter.

Acceptance

A promise or act on the part of an offeree indicating a willingness to be bound by the terms and conditions contained in an offer. Also, the acknowledgment of the drawee that binds the drawee to the terms of a draft.

The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal is made signifies his assent thereto, the offer is said to be accepted. Thus, the proposal when accepted becomes a promise.” An offer can be revoked before it is accepted.

As specified in the definition, if the offer is accepted unconditionally by the offeree to whom the request is made, it will amount to acceptance. When the offer is accepted it becomes a promise.

Types of Acceptance

Expressed Acceptance

If the acceptance is written or oral, it becomes an Expressed Acceptance.

Implied Acceptance

If the acceptance is shown by conduct, it thus becomes an Implied acceptance.

The invitees offer for the same. Offer is expressed orally, so the offer to buy is an Express Offer, but by striking the hammer thrice the final call is made by the auctioneer. This is called Implied Acceptance.

Conditional Acceptance

A conditional acceptance also referred to as an eligible acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to accept the offer provided that certain changes are made to the condition of the offer. This form of acceptance operates as a counter-offer. The original offeror must consider a counter-offer before a contract can be established between the parties.

Legal Rules and Conditions for Acceptance

Acceptance must be absolute and unqualified

The offeree’s approval cannot be conditional.

Acceptance must be told to the offeror

If the acceptor just accepts the offer in his head and he does not mention the same to the offeror, it cannot be called an Acceptance, whether in an express manner or an implied manner.

Acceptance must be recommended in the following mode

Acceptance is sometimes required in a prescribed/specified communication mode.

In a reasonable amount of time, the acceptance is given

It’s very rare that an offer is always to get acceptance at any time and at all times. Therefore, the offer defines a time limit. If it does not, it should not be acknowledged forever.

Mere silence is not acceptance

If the offeree fails to respond to an offer made to him, his silence can not be confused with acceptance. But, there is an exception to this rule. It is stated that, within 3 weeks of the date on which the offer is made, the non-acceptance shall be communicated to the offeror. Otherwise, the silence shall be communicated as acceptance.

Rights and Remedies of Unpaid Seller

Unpaid Seller

A seller is under an obligation to deliver the goods sold and buyer is under an obligation to pay the requisite amount set or quid pro quo i.e something in return, under the contract of sale, by them. This is known as reciprocal promise as per Section 2(f) of the Indian Contract Act. In other words, any set of promises made which forms the consideration or part of the consideration for each other are called reciprocal promises and every contract of sale of goods consists of reciprocal promises.

When a buyer refuses or fails to pay the requisite amount to the seller, the seller becomes an unpaid seller and can exercise certain rights against the buyer. These rights are considered as seller’s remedies in case there is a breach of contract by the buyer. These remedies can be against:

  • Buyer
  • Goods

According to Section 45(1) of Sale of Goods Act, 1930, the seller is considered as an unpaid seller when:

  • When the whole price has not been paid and the seller has an immediate right of action for the price.
  • When Bills of Exchange or other negotiable instrument has been received as conditional payment, and the pre-requisite condition has not been fulfilled by reason of the dishonour of the instrument or otherwise.

Seller also includes a person who is in a position of a seller i.e agent, consignor who had himself paid or is responsible for the price.

In a contract, there is always a reciprocal promise. Even in a contract of sale, both the buyer and the seller must perform their duties. And if the buyer does not pay the seller his due, the seller becomes an unpaid seller. This means such unpaid seller has some rights against the buyer. Let us see.

Rights of Unpaid Seller against Buyer

When the buyer of goods does not pay his dues to the seller, the seller becomes an unpaid seller. And now the seller has certain rights against the buyer. Such rights are the seller remedies against the breach of contract by the buyer. Such rights of the unpaid seller are additional to the rights against the goods he sold.

1) Suit for Price

Under the contract of sale if the property of the goods is already passed but he refuses to pay for the goods the seller becomes an unpaid seller. In such a case. The seller can sue the buyer for wrongfully refusing to pay him his due.

But say the sales contract says that the price will be paid at a later date irrespective of the delivery of goods, and on such a day the if the buyer refuses to pay, the unpaid seller may sue for the price of these goods. The actual delivery of the goods is not of importance according to the law.

2) Suit for Damages for Non-Acceptance

If the buyer wrongfully refuses or neglects to accept and pay the unpaid seller, the seller can sue the buyer for damages caused due to his non-acceptance of goods. Since the buyer refused to buy the goods without any just cause, the seller may face certain damages.

The measure of such damages is decided by the Section 73 of the Indian Contract Act 1872, which deals with damages and penalties. Take for example the case of seller A. He agrees to sell to B 100 liters of milk for a decided price. On the day, B refuses to accept the goods for no justifiable reason. A is not able to find another buyer and the milk goes bad. In such a case, A can sue B for damages.

3) Repudiation of Contract before Due Date

If the buyer repudiates the contract before the delivery date of the goods the seller can still sue for damages. Such a contract is considered as a rescinded contract, and so the seller can sue for breach of contract. This is covered in the Indian Contract Act and is known as Anticipatory Breach of Contract

4) Suit for Interest

If there is a specific agreement between the parties the seller can sue for the interest amount due to him from the buyer. This is when both parties have specifically agreed on the interest rate to be paid to seller from the date on which the payment becomes due.

But if the parties do not have such specific terms, still the court may award the seller with the interest amount due to him at a rate which it sees fit.

Remedies of Buyer against the Seller

Just as the seller can rescind the contract, then so can the seller. When the seller breaches the contract the buyer also has certain remedies against the seller. Let us take a look at some remedies that the Sales Act prescribes for the buyer.

1) Damages of Non-Delivery

If the seller wrongfully or neglectfully refuses to deliver the goods to the buyer, then the buyer can sue for non-delivery of the goods. According to Section 57 of the Sale of Goods Act, if the buyer faces losses due to the wrongful actions of the seller (non-delivery) he can sue for damages caused due to this.

Let’s take for example A whose agrees to sell to B 10 pair of shoes for 1000/- each. B was going to sell the same shoes to C for 1100/- a pair. A neglect to deliver the goods to B. Now, B can sue A for non-delivery. He can sue for the amount of 100/- per pair, i.e. 1000/- (the difference between B’s cost price and sale price)

2) Suit for Specific Performance

If the seller commits a breach of contract, the buyer can approach the court to ask the seller for specific performance. The court after deliberation can command the seller for specific performance. One important point to keep in mind is that this remedy is only available if the goods are ascertained or specific.

Example: There was a contract between A and B, that A will sell to B a very expensive painting on a specific date. On the said day A refuses to sell. B can approach the court, who orders A to sell the painting to B at the ascertained price.

3) Suit for Breach of Warranty

When the seller breaches the warranty of the goods, the buyer cannot simply reject the goods on such basis. The buyer has two options in such a case,

  • Set up against the buyer the said breach of warranty in the extinction of the price
  • or Sue the seller for breach of warranty

4) Repudiation of Contract

If the seller repudiates the contract, the buyer does not have to wait until the date of the contract. He can treat the contract as rescinded and sue for damages immediately. This will be an anticipatory breach of contract.

5) Sue for Interest

The Act specifically states that nothing in the act will affect the right of the seller or the buyer to recover interest or special damages due to him by the contract. And if there is no specific clause in the contract, the court can come to the rescue of the affected party.

error: Content is protected !!