Listing Agreement in SEBI

Listing Agreement is the basic document which is executed between companies and the Stock Exchange when companies are listed on the stock exchange. The main purposes of the listing agreement are to ensure that companies are following good corporate governance. The Stock Exchange on behalf of the Security Exchange Board of India ensures that companies follow good corporate governance. The Listing Agreement comprises of 54 clauses stating corporate governance, which listed companies have to follow, failing which companies have to face disciplinary actions, suspension, and delisting of securities. The companies also have to make certain disclosures and act by the clauses of the agreement.

Features of the regulations are as follows:

  • Chapter II of the Regulation provides for the guiding principles governing disclosure and obligations of listed companies. The chapter provides for the principles for the listed entities for periodic disclosure and corporate governance followed by the companies.
  • Chapter III of the Regulations provides for a common obligation for listed companies, in the matter of compliance, the appointment of a compliance officer, filing on the electronic platform, etc.
  • Chapter IV to IX provides for the obligations applicable to specific securities incorporated in different chapters.
  • Chapter X to XI provides for the responsibilities to compliance given to stock exchanges to regulate, monitor and take action for compliance measures.

Differences between Listing Regulation and Listing Agreement

Changes made within the listing agreement:

Change for the separate period of the transmission of securities: The listing agreement provides for the transfer or transmission of securities and issue of the certificate within 15 days from the date of such receipt of a request for transfer. While the listing regulation provides for the transfer and issue of the certificate within 15 days from the date of such receipt of request for transfer provided that the listed entity shall ensure that the transmission requested is processed for the securities held in the dematerialised mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents.

Change made regarding the requirement of sending notice to other stock exchange for the close transfer of books: In the listing agreements, while closing the transfer of books, the companies have to send notice to the concerned stock exchange as well as other stock exchanges in an advance of 7 working days. While in the new regulation notice is to be given to the concerned stock exchange in an advance of 7 working days.

Extension of period for the disclosure to stock exchange: In the listing agreement, the disclosure regarding all the dividends or cash bonuses recommended or declared or the decisions to pass any dividends or interest paid and date on which dividends shall be paid/dispatched, the decision on buyback of securities is to be made within 15 minutes of the Board Meeting. While the listing regulation provides for the disclosure to be made within 30 minutes of the board meeting regarding all the dividends or cash bonuses recommended or declared or the decisions to pass any dividends or interest paid and date on which dividends shall be paid/dispatched, the decision on buyback of securities.

In the listing agreement, there is a provision of promptly notifying the stock exchange of short particulars on any increase of capital whether by the issue of bonus shares through capitalization, or by the way of right shares to be offered to the shareholders or debenture holder, or in any other way. Short particulars of the reissue or shares or securities held in reserve for future issue or the creation in any form or manner of new shares or securities or any rights, privileges or benefits to subscribing to, short particulars of any alterations of capital, including calls. While the listing regulation provides for at least 30 minutes of the closure of board meeting for, promptly notifying stock exchange of short particulars of any increase of capital whether by issue of bonus shares through capitalization, or by the way of right shares to be offered to the shareholders or debenture holder, or in any other way. Short particulars of the reissue or shares or securities held in reserve for a future issue or the creation in any form or manner of new shares or securities or any rights, privileges or benefits to subscribing to, short particulars of any alterations of capital, including calls.

It has been mentioned in the listing agreement of prior intimidation of at least seven days in which the final result shall be considered. In the listing regulations, a five-day prior notice is to be given when the financial result is to be considered by the stock exchange about the board meeting.

The listing agreement provides for the provision ensuring that the RTA and/or the In-house Share Transfer facility, as the case may be, produces a certificate from a PCS within 1 month of the end of each half of the financial year, certifying that all certificates have been issued within 15 days of the date of lodgment for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies, and a copy of the same shall be made available to the SE within 24 hours of the receipt of the certificate by the Company. While the listing regulation provides for ensuring that the share transfer agent and/or the in-house share transfer facility, as the case may be, produces a certificate from a practicing company secretary within 1 month of the end of each half of the financial year, certifying that all certificates have been issued within 30 days of the date of lodgments for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies and ensures that certificate is filed with the SE simultaneously.

Provision wherein MD or the WTD appointed to provide compliance in the listing agreement has been given, whereas in the listing regulation, the CEO, and the CFO haveĀ  to provide a compliance certificate to the board of directors.

New provisions have been added in the listing regulations which were not there in the listing agreement, regarding the preservation of documents. Two types of documents have to be maintained; one document is to be permanently preserved while the second record is to be reserved for the period of not less than eight years after the completion of the particular transaction.

Indian Financial Services Bangalore University B.com 3rd Semester NEP Notes

Unit 1 Overview of Financial System [Book]
Introduction to Financial System, Features VIEW
Constituents of Financial System VIEW
Financial Institutions VIEW VIEW
Financial Services VIEW VIEW
Financial Markets VIEW VIEW
Financial Instruments VIEW VIEW
VIEW VIEW

 

Unit 2 Financial Institutions [Book]
Financial Institutions, Characteristics VIEW
Broad Categories:
Money Market Institutions VIEW VIEW
Capital Market Institutions VIEW VIEW
Objectives and Functions of Industrial Finance Corporation of India VIEW
Industrial Development Bank of India VIEW
State Financial Corporations VIEW
Industrial Credit and Investment Corporation of India VIEW
EXIM Bank of India VIEW VIEW
National Small Industrial Development Corporation VIEW
National Industrial Development Corporation VIEW
RBI Measures for NBFCs VIEW VIEW

 

Unit 3 Financial Services [Book]
Financial Services, Meaning, Objectives, Functions, Characteristics VIEW
Types of Financial Services VIEW
**Fund based Services and Fee based Services VIEW
**Factoring Services VIEW
Merchant Banking: Functions and Operations VIEW VIEW
Leasing VIEW
Mutual Funds VIEW VIEW
Venture Capital VIEW
Credit Rating VIEW VIEW

 

Unit 4 Financial Markets and Instruments [Book]
Meaning and Definition, Role and Functions of Financial Markets VIEW VIEW
Constituents of Financial Markets VIEW
Money Market Instruments VIEW
Capital Market and Instruments VIEW VIEW
SEBI guidelines for Listing of Shares VIEW VIEW
Issue of Commercial Papers VIEW

 

Unit 5 Stock Markets [Book]
Meaning of Stock, Nature and Functions of Stock Exchange VIEW VIEW
Stock Market Operations VIEW VIEW
Trading, Settlement and Custody (Brief discussion on NSDL & CSDL) VIEW VIEW
BSE, NSE, OTCEI VIEW VIEW

Role of SEBI in the protection of investor interests

An investor is one, may be an individual or a legal entity who invests capital in the venture or business but does not participate actively in the day to day management/ affairs of the business.

Following are the powers of SEBI to take punitive or preventive measures:

a) Power to issue directions under Sec. 11B and Sec. 11(4)

b) Power u/s 12(3) under Chapter V for suspension or cancellation of certificate of registration of brokers or intermediaries.

c) Power to levy monetary penalties under Chapter VIA of SEBI Act.

d) Powers are also described for Inquiry/ Enquiry/ Investigation, for violations like Insider Trading, Takeover Violations, etc. e) Power to Prosecute u/s 24(1) of SEBI Act.

SEBI has given out various methods and measures to ensure the investor protection from time to time. It has published various directives, driven many investor awareness programmes, set up investor protection Fund (IPF) to compensate the investors. We will look into the investor protection measures by SEBI in detail:

  • To begin with, SEBI constructs the limit of financial backers through instruction and attention to empower a financial backer to take educated choices. SEBI tries to guarantee that the financial backer gets the hang of contributing. In simpler words, SEBI ensures that the investor gets and utilizes data needed for contributing and assesses different speculation alternatives to suit his particular objectives.
  • SEBI has been putting together financial backer schooling and mindfulness workshops through financial backer affiliations and market members, and has been urging market members to sort out comparable projects.
  • It helps the investor find out his privileges and commitments in a specific venture, bargains through enlisted mediators, plays it safe, looks for help if there should be an occurrence of any complaint, and so on.

SEBI that it has adopted a major transition from Investor Protection to Investor Empowerment as past experiences hinted that this transition along with imparting proper education at both micro and macro levels will serve the purpose of SEBI and Investors both. And what SEBI does is answering the queries by E-mails, personal visits to head offices, and apart from it, the investors FAQs are also displayed on its website, and all this points out that, ā€œAn educated investor is a protected investorā€. The task of this awareness generation is on IAD of SEBI, and based on SEBI Act in July 23, 2007, a fund entitled ā€œInvestor Protection and Education Fundā€ was established with initial corpus of Rs. 10 Cr from SEBI General Fund for educating investors and for executing such other related activities. It has even embarked on a mass media campaign aiming at dissemination of relevant messages to public about the harmfulness of investing in an unregistered scheme like CIS, Ponzi Schemes, etc. by offering messages like ā€˜not to rely on schemes offering unrealistic returnsā€™, and such kind of messages are sent through a campaign consisting of many languages and in consonance and partnership with various institutions like ICAI, ICSI, AMFI, etc. SEBI initiated financial education programs utilizing Resource Persons, and have till now addressed people from different backgrounds like School Children, young investors, executives, home makers, retired people and SHGs. SEBI in a summarized manner has taken the following policy initiatives for investors protection:

a) Introducing system driven disclosures.

b) Strengthening continuous disclosure requirements for listed companies.

c) Providing an exit opportunity to investors in case of change of objects by issuers.

d) Monitoring of compliances by listed companies.

e) Cyber Security and Cyber Resilience framework for stock exchanges.

f) Filing of monthly reports by Clearing Corporations with SEBI.

g) Aadhar base e-KYC.

h) Surveillance of Stock Exchanges and various financial market and other intermediaries

Business Environment Bangalore University BBA 2nd Semester NEP Notes

Unit 1 Business Environment {Book}
Meaning, Definitions and Nature of Business environment VIEW
Elements of Business environment VIEW
Impact of Macro environmental factors on Business Decision making VIEW
Meaning and Need of environmental analysis VIEW
Meaning and features of Competitive structure analysis VIEW
Levels of Competition VIEW VIEW
VIEW VIEW
A Brief discussion of the five Competitive analysis frameworks:
SWOT Analysis VIEW
Porterā€™s Five forces VIEW
Strategic group analysis VIEW VIEW
Growth Share matrix VIEW VIEW
Perceptual Mapping VIEW

 

Unit 2 Government and Legal Environment in INDIA {Book}
Role of Central and State Governments in business VIEW
VIEW
Causes for State intervention in business; Benefits and limitations VIEW
Role of legal environment in business VIEW
Need and objectives of Environmental Protection Act 1986 VIEW VIEW
Need and Objectives Consumer Protection Act 2019 VIEW VIEW
Rights of Consumers under Consumer Protection Act, 2019 VIEW
Need and Objectives of National Competition Policy in India VIEW VIEW
Meaning of Intellectual Property Right VIEW VIEW
Types of Intellectual Properties VIEW

 

Unit 3 Economic and Political Environment {Book}
Meaning and Significance of Economic environment VIEW
Economic policies of India: VIEW
Meaning and impact of Monetary Policy VIEW VIEW
Meaning and impact of Fiscal Policy VIEW VIEW
Meaning and impact of Exim Policy VIEW VIEW
New Industrial Policy business in India VIEW
Recent economic reforms VIEW
Meaning and Types of Political environment VIEW
Impact of Political environment on business in India VIEW

 

Unit 4 Technological Environment and Natural Environment {Book}
Meaning and Significance of Technological environment VIEW
Impact of Technological Environment on business VIEW
Impact of Changes in Technology on business VIEW
Technology and Society VIEW
Modes of Acquiring Technology VIEW
IT revolution and its impact on Business VIEW
Digital Transformation in Indian Business VIEW
Meaning and Principles of Technology Transfer VIEW
Meaning and Nature of the Physical Environment VIEW
Impact of the Natural environment on Business VIEW

 

Unit 5 Global Environment [Book]
Meaning and Dimensions of the Global environment VIEW VIEW
Stages of globalization VIEW
Essential conditions of globalization VIEW
Foreign market entry strategies VIEW
Merits and Demerits of Globalization of business VIEW
Impact of globalization on Indian businesses VIEW
Different forms of globalization of businesses VIEW
MNCs VIEW
TNCs VIEW

Socio-economic implications of Liberalization

Socio-economic refers to the interplay between social and economic factors within a society, encompassing the influence of economic conditions on social outcomes and vice versa. It examines how economic policies, institutions, and structures impact social well-being, equality, and mobility. Socio-economic analysis considers factors such as income distribution, access to education, healthcare, and opportunities for upward mobility. It explores how societal factors like culture, demographics, and social norms influence economic behavior and outcomes. Understanding socio-economic dynamics is crucial for crafting policies that address inequality, poverty, and social exclusion while fostering inclusive growth and sustainable development within a society.

Liberalization refers to the relaxation or removal of government restrictions and controls in various sectors of the economy. In the context of economic policy, liberalization typically involves measures such as reducing trade barriers, deregulating industries, easing foreign investment restrictions, and privatizing state-owned enterprises. The objective of liberalization is to foster economic growth, enhance efficiency, promote competition, attract foreign investment, and integrate the domestic economy with the global market. By allowing greater freedom and flexibility for businesses and markets to operate, liberalization aims to create a more dynamic and innovative economic environment conducive to sustainable development and prosperity.

Socio-economic implications of Liberalization:

The liberalization of an economy can have various socio-economic implications, both positive and negative, depending on the context and the manner in which it is implemented.

  • Income Inequality:

Liberalization can exacerbate income inequality by benefiting certain segments of society, such as urban elites and skilled professionals, while marginalizing others, particularly those in rural areas or in low-skilled sectors. Access to economic opportunities and benefits may become concentrated among a privileged few, widening the gap between the rich and the poor.

  • Employment Dynamics:

Liberalization may lead to structural changes in the labor market, with some industries experiencing growth and job creation while others decline or face restructuring. Technological advancements and increased competition can result in job displacement, particularly for workers in traditional sectors that are unable to compete in the global market.

  • Urbanization and Migration:

Liberalization often accelerates urbanization as economic activities concentrate in urban centers, leading to rural-to-urban migration in search of employment opportunities. This migration can strain urban infrastructure and services while creating social challenges such as slums, congestion, and social dislocation.

  • Access to Basic Services:

Liberalization can impact access to essential services such as education, healthcare, and housing. While liberalization may improve access to certain services through increased private investment and competition, it can also lead to commodification and affordability issues, especially for vulnerable populations who may be unable to afford privatized services.

  • Social Cohesion and Inclusion:

Liberalization may affect social cohesion and inclusion by reshaping social structures and community dynamics. It can lead to the emergence of new social divides based on economic status, education, and access to opportunities, potentially undermining social solidarity and cohesion within society.

  • Social Mobility:

Liberalization can influence social mobility by altering opportunities for individuals to improve their socio-economic status. While it may create avenues for upward mobility through entrepreneurship, innovation, and access to global markets, it can also entrench existing inequalities if certain groups lack the resources or skills to participate effectively in the liberalized economy.

  • Health and Well-being:

The impact of liberalization on public health and well-being can vary depending on factors such as access to healthcare, sanitation, and nutrition. While liberalization may lead to improvements in healthcare infrastructure and access to medical technologies, it can also prioritize profit over public health, resulting in disparities in healthcare access and affordability.

  • Cultural Identity:

Liberalization can influence cultural identity by exposing societies to new cultural products, ideas, and lifestyles from around the world. While this cultural exchange can enrich societies and foster creativity, it may also lead to the erosion of traditional cultural practices and values, raising concerns about cultural homogenization and the preservation of cultural heritage.

  • Social Safety Nets:

Liberalization may impact the effectiveness and availability of social safety nets, such as welfare programs and social insurance schemes. While liberalization can create economic opportunities and reduce poverty in the long run, it may also necessitate the restructuring or scaling back of social welfare programs, potentially leaving vulnerable populations without adequate support during periods of economic transition or crisis.

  • Environmental Sustainability:

Liberalization can have environmental implications, with increased economic activity often accompanied by greater resource exploitation, pollution, and environmental degradation. In the absence of adequate regulations and enforcement mechanisms, liberalization may exacerbate environmental challenges, impacting the well-being of communities and future generations.

  • Global Integration and Cultural Change:

Liberalization facilitates greater integration into the global economy, exposing societies to new ideas, technologies, and cultural influences. While this can promote innovation, cultural exchange, and diversity, it may also lead to the erosion of traditional values, cultural homogenization, and the dominance of global corporations over local markets.

Features of Indian Economy

The Indian economy refers to the financial system and production activities within the borders of India. It encompasses the goods and services produced, traded, and consumed within the country. India’s economy is diverse, with significant contributions from agriculture, manufacturing, and services sectors. It’s characterized by a large and growing population, substantial natural resources, and a rapidly expanding middle class. Over the years, India has undergone economic reforms aimed at liberalization, privatization, and globalization, which have led to increased foreign investment and economic growth. Challenges such as poverty, income inequality, infrastructure development, and bureaucratic hurdles persist, but India remains one of the fastest-growing major economies globally, with immense potential for further development and transformation.

Features of Indian Economy:

The Indian economy is one of the most dynamic and diverse economies globally, characterized by a blend of traditional practices and modern industries.

  • Population:

India is the second most populous country globally, with over 1.3 billion people. While this poses challenges in terms of providing basic necessities and employment opportunities, it also presents a vast consumer market and a large labor force.

  • Agriculture:

Agriculture has been the backbone of the Indian economy for centuries, employing a significant portion of the population and contributing to food security. However, the sector faces challenges such as fragmented land holdings, dependence on monsoons, and low productivity.

  • Services Sector Dominance:

In recent decades, the services sector has emerged as the largest contributor to India’s GDP, accounting for over 50% of economic output. This includes IT services, telecommunications, banking, finance, healthcare, and tourism. India has become a global hub for IT outsourcing and software development.

  • Manufacturing:

While manufacturing’s contribution to GDP has increased, it still lags behind services. The government has launched initiatives such as “Make in India” to promote manufacturing, aiming to boost job creation, exports, and overall economic growth.

  • Informal Economy:

A significant portion of economic activity in India operates in the informal sector, characterized by unregistered and unorganized enterprises. This includes street vendors, small-scale artisans, and household enterprises. The informal economy provides livelihoods to millions but lacks regulation and social security benefits.

  • Economic Disparities:

India grapples with significant economic disparities, both between regions and within states. Disparities exist in terms of income levels, access to basic amenities like education and healthcare, and infrastructure development. Bridging these gaps remains a key challenge for policymakers.

  • Infrastructure Development:

India has made significant strides in infrastructure development, including transportation, energy, telecommunications, and urban infrastructure. However, there’s still a need for further investment to meet the demands of a growing economy and population.

  • Fiscal Federalism:

India follows a federal system of governance, with the central and state governments sharing responsibilities for economic management. This includes taxation, expenditure, and policymaking. Fiscal federalism ensures that states have autonomy in decision-making while promoting cooperation and coordination.

  • Globalization and Trade:

India has embraced globalization and trade liberalization, leading to increased integration into the global economy. It’s a member of various international organizations like the World Trade Organization (WTO) and participates in regional trade agreements. However, trade imbalances, tariff barriers, and non-tariff barriers remain challenges in international trade.

  • Monetary Policy and Banking:

The Reserve Bank of India (RBI) is the central bank responsible for monetary policy formulation and regulation of the banking sector. It aims to maintain price stability, regulate the financial system, and promote economic growth through its monetary tools.

  • Demographic Dividend:

India’s young population is often referred to as a demographic dividend, offering a significant opportunity for economic growth. However, realizing this potential requires investment in education, skill development, and job creation to harness the productive capacity of the youth.

  • Environmental Sustainability:

India faces environmental challenges such as air and water pollution, deforestation, and climate change. Balancing economic development with environmental sustainability is crucial for the country’s long-term prosperity.

Primary, Secondary and Tertiary Sectors

The three-sector model in economics divides economies into three sectors of activity: extraction of raw materials (primary), manufacturing (secondary), and service industries which exist to facilitate the transport, distribution and sale of goods produced in the secondary sector (tertiary). The model was developed by Allan Fisher, Colin Clark, and Jean FourastiƩ in the first half of the 20th century, and is a representation of an industrial economy. It has been criticized as inappropriate as a representation of the economy in the 21st century.

According to the three-sector model, the main focus of an economy’s activity shifts from the primary, through the secondary and finally to the tertiary sector. Countries with a low per capita income are in an early stage of development; the main part of their national income is achieved through production in the primary sector. Countries in a more advanced state of development, with a medium national income, generate their income mostly in the secondary sector. In highly developed countries with a high income, the tertiary sector dominates the total output of the economy.

The rise of the post-industrial economy in which an increasing proportion of economic activity is not directly related to physical goods has led some economists to expand the model by adding a fourth quaternary or fifth quinary sectors, while others have ceased to use the model.

Primary Industry:

The primary sector is concerned with the extraction of natural resources or raw materials from the earth. The economic operations of a primary sector are usually dependent on the nature of that particular place. These industries create products that will be sold or supplied to the general public. A primary industry’s economic operations revolve around using the planet’s natural resources, such as vegetation, earth water, and minerals.

Mining, farming, and fishing are examples of primary industries. This extraction yields raw materials and staple foods, coal, wood, iron, and corn.

  • Genetic industry:

The genetic sector encompasses the development of raw materials that can be improved via human involvement in the manufacturing process. Agriculture, fisheries, forestry, & livestock management, are all genetic industries vulnerable to scientific & technological advancements in renewable resources.

  • Extractive industry:

The extractive industry produces finite raw materials that cannot be replenished through cultivation. Mineral ores are mined, the stone is quarried, and mineral fuels are extracted in the extractive industries.

The primary industry is often the most important sector in emerging countries. When we consider animal farming as an example, it is significantly more important in Africa than in any other country.

Secondary industry:

After primary industries have accumulated raw materials, secondary industries enter into the picture. The construction and manufacturing industries are primarily included in the secondary industry. The transition of raw materials into finished items is part of the secondary sector. For example, wood is used to make furniture, steel is used to make automobiles, and textiles are used to make clothing.

In order to manufacture products that will be marketed to the general public, secondary industries frequently use massive machinery in production plants. Even human power can be employed to package these items for distribution to retailers and other locations.

Most of these businesses generate a large amount of waste, which can result in significant environmental difficulties and pollution.

Secondary industry is divided into two categories:

  • Heavy industry:

Large-scale manufacturing often necessitates a significant capital investment in equipment and machinery. Heavy and massive items are among the features of the heavy industry. It caters to a vast and diverse market, which includes various manufacturing sectors.

This industry is primarily made up of construction, transportation, & manufacturing enterprises. Ships, petroleum processing, machinery production are among the most common operations in this heavy industry.

  • Light industry:

The light industry usually requires a relatively smaller quantity of raw materials, lesser power and smaller area. The items produced in light industries are minimal, and they are very easy to transport.

Home, personal products, food, beverages, electronics, and apparel are among the most common operations in this light industry.

Tertiary Industry:

Tertiary industries market secondary industries’ products to consumers. They are usually not involved in creating products but rather in the provision of services to the general public and other industries. The creation of different nature services, such as experiences, discussion, access, is the most significant feature of the tertiary sector.

The tertiary sector is divided into two categories.

  1. The first group consists of businesses that are into making money, such as those in the financial sector.
  2. The second group consists of the non-profit sector, which includes services such as public education.

The industries of the Tertiary sector include investment, finance, insurance, banking, wholesale, retail, transportation, real estate services; resale trade; professional, legal, hotels, personal services; tourism, restaurants, repair and maintenance services, police, security, defence services, administrative, consulting, entertainment, media, information technology, health, social welfare and so on.

Tertiary industry classifications

  • Telecommunications:

This is a field that deals with the transfer of signs, words, signals, messages, images, sounds, or information of any type across radio, the internet, and television networks.

  • Professional services:

The tertiary sector includes a variety of professions that need specialised knowledge and training in the arts & sciences. Engineers, architects, surgeons, attorneys, and auditors are among the licenced professionals in this sector.

  • Franchises:

It is a practice of selling the right to utilize a particular business model and brand for a set period.

Key differences between Primary, Secondary and Tertiary Sectors

Aspect Primary Secondary Tertiary
Nature Extraction Manufacturing Services
Raw Material Natural resources Intermediate goods N/A
Labor Manual Skilled Professional
Output Raw goods Finished goods Services
Value Addition Low Moderate High
Dependency Weather, Soil Supply chain Consumer demand
Technology Basic tools Machinery Information systems
Transport Simple Diverse Variable
Market Local Regional Global
Employment Agriculture Manufacturing Retail, Healthcare
Profit Margin Variable Stable High
Flexibility Limited Moderate High

 

Business Environment LU BBA 2nd Semester NEP Notes

Unit 1 [Book]
Meaning, Definition and Significance of Business Environment VIEW
Environmental Matrix VIEW
Factor affecting Business Environment VIEW
Micro environment VIEW
Macro environment VIEW
Business Environment Scanning Techniques VIEW
SWOT VIEW
Environmental Threat and Opportunity Profile (ETOP) VIEW
Porter Five forces Model VIEW

 

Unit 2 Economic Systems [Book]
Capitalism Economy VIEW
Socialism Economy VIEW
Mixed Economy VIEW
Public Sector and Private Sector VIEW
Features of Indian Economy VIEW
Primary, Secondary and Tertiary Sectors VIEW
Relationship between Government and Business VIEW
Public, Private, Cooperative Sectors Meaning, Role and Importance VIEW

 

Unit 3 [Book]
National Income and its Aggregates VIEW
Industrial Policy Overview and Role VIEW
New industrial Policy of India VIEW
Socio-economic implications of Liberalization VIEW
Socio-economic implications of Privatization VIEW
Socio-economic implications of Globalization VIEW
Trade Cycle VIEW VIEW
Inflation Analysis VIEW VIEW

 

Unit 4 [Book]  
Role of Government in Regulation and Development of Business VIEW
Monetary Policy VIEW VIEW
Fiscal Policy VIEW VIEW
Overview of International Business Environment VIEW VIEW
Trends in World Trade VIEW
EXIM Policy VIEW
WTO Objectives and Role in International Trade VIEW

Relationship between Government and Business Organization

Governments exert influence over business organizations by establishing regulations, laws, and rules that dictate their operations. These regulations are enforced through specialized agencies tasked with monitoring compliance in various aspects of business activity. For example, agencies like the Environmental Protection Agency, the Central Bank, the Food and Drug Administration, the Labour Commission, and the Securities and Exchange Commission oversee specific areas and ensure adherence to relevant laws.

In addition to direct regulation, governments also employ indirect methods to shape business behavior. Tax codes, for instance, are used to incentivize certain practices or discourage others. For instance, companies may receive tax benefits for implementing environmentally friendly waste management systems in their facilities. These indirect approaches, while not compulsory, serve as potent tools for influencing organizational policies and behaviors.

Responsibilities of Business towards Government:

  • Compliance with Laws and Regulations:

Businesses must adhere to all laws, regulations, and policies set forth by the government pertaining to their operations, such as taxation, labor laws, environmental regulations, and safety standards.

  • Payment of Taxes:

Businesses are responsible for accurately reporting their income and paying taxes to the government in a timely manner. This includes income tax, sales tax, property tax, and other applicable taxes.

  • Regulatory Compliance:

Businesses must ensure compliance with regulatory bodies and agencies relevant to their industry. This may involve obtaining licenses, permits, certifications, and adhering to industry-specific standards and guidelines.

  • Transparency and Accountability:

Businesses should maintain transparency in their dealings with the government, including providing accurate financial reports, disclosures, and information as required by regulatory authorities.

  • Cooperation with Government Initiatives:

Businesses may be called upon to collaborate with the government on various initiatives, such as economic development projects, infrastructure improvements, or public-private partnerships.

  • Corporate Social Responsibility (CSR):

Businesses should contribute positively to society and the community in which they operate. This includes initiatives related to philanthropy, environmental sustainability, ethical business practices, and social welfare programs.

  • Support for Public Policy:

Businesses may engage in advocacy efforts or provide input to government policymakers on issues relevant to their industry or the broader business environment.

Responsibilities of Government towards Business:

  • Policy Formation and Regulation:

One of the primary responsibilities of government towards business is the formulation of policies and regulations that govern economic activities. These policies cover areas such as taxation, trade, labor, environment, and industry standards. Governments establish regulations to ensure fair competition, protect consumer rights, maintain market stability, and promote sustainable business practices.

  • Legal Framework and Enforcement:

Governments create and enforce the legal framework within which businesses operate. This includes contract law, property rights, intellectual property protection, and corporate governance regulations. By providing a stable legal environment, governments help businesses mitigate risks and safeguard their investments.

  • Infrastructure Development:

Governments invest in infrastructure development, including transportation networks, communication systems, energy facilities, and public utilities. A well-developed infrastructure is essential for businesses to operate efficiently, access markets, and distribute goods and services effectively. Infrastructure investments also stimulate economic activity and attract private investment.

  • Access to Finance and Capital:

Governments facilitate access to finance and capital for businesses through various means, such as establishing banking regulations, providing loan guarantees, supporting venture capital initiatives, and promoting capital markets. Access to finance is critical for businesses to fund their operations, invest in expansion, and innovate.

  • Support for Small and Medium Enterprises (SMEs):

Governments often provide targeted support and incentives to small and medium-sized enterprises (SMEs), recognizing their role as engines of economic growth and job creation. This support may include access to financing, technical assistance, business development services, and preferential treatment in government procurement.

  • Trade and Investment Promotion:

Governments engage in trade and investment promotion activities to facilitate international business transactions and attract foreign investment. This includes negotiating trade agreements, reducing trade barriers, providing export incentives, and promoting foreign direct investment through investment promotion agencies.

  • Research and Development (R&D) Support:

Governments invest in research and development initiatives to promote innovation and technological advancement. This may involve funding research institutions, providing tax incentives for R&D activities, and supporting collaborative R&D projects between businesses, universities, and government agencies.

  • Workforce Development and Education:

Governments invest in education and workforce development programs to ensure a skilled and adaptable labor force that meets the needs of businesses. This includes funding education and vocational training programs, promoting lifelong learning initiatives, and facilitating partnerships between businesses and educational institutions.

  • Consumer Protection and Product Safety:

Governments enact laws and regulations to protect consumers from unfair business practices, ensure product safety and quality standards, and provide mechanisms for redress in case of disputes. Consumer protection regulations build trust and confidence in the marketplace, benefiting businesses in the long run.

  • Environmental and Social Responsibility:

Governments promote environmental sustainability and corporate social responsibility (CSR) by setting environmental standards, implementing pollution control measures, and encouraging businesses to adopt sustainable practices. Government regulations and incentives play a crucial role in driving businesses towards responsible and sustainable behavior.

FERA v/s FEMA

FERA

The Foreign Exchange Regulation Act is an act of parliament that was introduced in 1973 with the aim of controlling and managing foreign payments, purchase of fixed assets to foreigners, and the export and import of currency from and in India.

FERA aimed to ensure that the economy was competitive by conserving Indiaā€™s foreign reserves, which was inadequate despite the economy recording improvements.

The act is so elaborate and exhaustive such that it covers all citizens of India who are living inside or outside India.

FEMA

Foreign Exchange Management Act (FEMA) is an expansion or improvement of the Foreign Exchange Regulation Act (FERA). The primary purpose of FEMA is to regulate and facilitate foreign exchange while at the same time encouraging the development of forex market in the country.

The act covers all Indiaā€™s resident including those living inside or outside the country. Moreover, any agency that is managed by a resident of India is also subjected to requirements of FEMA.

FERA

FEMA

Provisions FERA consisted of 81 sections, and was more complex FEMA is much simple, and consist of only 49 sections.
Features Presumption of negative intention ( Mens Rea ) and joining hands in offence (abatement) existed in FEMA These presumptions of Mens Rea and abatement have been excluded in FEMA
New Terms in FEMA Terms like Capital Account Transaction, current Account Transaction, person, service etc. were not defined in FERA. Terms like Capital Account Transaction, current account Transaction person, service etc., have been defined in detail in FEMA
Enactment Old New
Number of sections 81 49
Introduced when Foreign exchange reserves were low. Foreign exchange position was satisfactory.
Authorized Person Definition of ” Authorized Person” in FERA was a narrow one (2(b) The definition of Authorized person has been widened to include banks, money changes, off shore banking Units etc. (2 (c )
Meaning Of “Resident” As Compared with Income Tax Act There was a big difference in the definition of “Resident”, under FERA, and Income Tax Act The provision of FEMA, are in consistent with income Tax Act, in respect to the definition of term ” Resident “. Now the criteria of “In India for 182 days” to make a person resident has been brought under FEMA. Therefore, a person who qualifies to be a non-resident under the income Tax Act, 1961 will also be considered a non-resident for the purposes of application of FEMA, but a person who is considered to be non-resident under FEMA may not necessarily be a non-resident under the Income Tax Act, for instance a business man going abroad and staying therefore a period of 182 days or more in a financial year will become a non-resident under FEMA.
Punishment Any offence under FERA, was a criminal offence, punishable with imprisonment as per code of criminal procedure, 1973 Here, the offence is considered to be a civil offence only punishable with some amount of money as a penalty. Imprisonment is prescribed only when one fails to pay the penalty.
Quantum of Penalty The monetary penalty payable under FERA, was nearly the five times the amount involved. Under FEMA the quantum of penalty has been considerably decreased to three times the amount involved.
Appeal An appeal against the order of “Adjudicating office”, before ” Foreign Exchange Regulation Appellate Board went before High Court The appellate authority under FEMA is the special Director ( Appeals ) Appeal against the order of Adjudicating Authorities and special Director (appeals) lies before “Appellate Tribunal for Foreign Exchange.” An appeal from an order of Appellate Tribunal would lie to the High Court. (sec 17,18,35)
Right of Assistance during Legal Proceedings. FERA did not contain any express provision on the right of on impleaded person to take legal assistance FEMA expressly recognizes the right of appellant to take assistance of legal practitioner or chartered accountant (32)
Power of Search and Seize FERA conferred wide powers on a police officer not below the rank of a Deputy Superintendent of Police to make a search The scope and power of search and seizure has been curtailed to a great extent
Basis for determining residential status Citizenship More than 6 months stay in India
Violation Criminal offence Civil offence
Punishment for contravention Imprisonment Fine or imprisonment (if fine not paid in the stipulated time)

error: Content is protected !!