Tag: Political Environment

Economic System Interface refers to the interaction between various economic systems—such as capitalism, socialism, and mixed economies—and the businesses, governments, and individuals within them. This interface is essential for understanding how economies operate, allocate resources, and facilitate wealth distribution. In India, as in other countries, this interface shapes business practices, economic policies, and market structures, contributing to the overall economic growth and stability of the nation.

Capitalism and the Market System:

Under capitalism, the market system primarily guides economic decisions. Businesses operate based on demand and supply, prices are determined by competition, and profits drive growth. The government plays a limited role, primarily to ensure a fair and competitive market while safeguarding individual property rights and enforcing contracts. India has gradually moved towards a more market-driven economy since the liberalization reforms of 1991, opening its economy to both domestic and foreign competition.

In capitalist economies, the government-business interface is relatively minimal, allowing businesses to operate freely and encouraging innovation, competition, and efficiency. India’s increasing openness to foreign direct investment (FDI), for instance, reflects this capitalist influence, enhancing global integration and fostering growth in sectors such as technology, finance, and manufacturing.

Socialism and the Command Economy:

Socialism, in contrast, is characterized by a greater government role in resource allocation and economic decision-making. In a socialist economy, the state owns and controls major industries, such as transportation, energy, and healthcare, to ensure that goods and services are distributed more equally. In this system, profit motives are secondary to social welfare and equitable distribution.

India’s early economic model after independence was largely influenced by socialist principles, with a focus on public sector enterprises and state-led industrialization. The government owned and controlled large industries, aiming to reduce income inequalities and ensure access to essential services. However, inefficiencies and resource misallocation often hampered growth, leading to the eventual shift towards a more mixed economy.

Mixed Economy Model:

Mixed economy combines elements of both capitalism and socialism, allowing the private sector and government to coexist and play distinct roles. In a mixed economy, certain sectors are privately controlled, while others remain under government oversight, typically essential sectors like defense, healthcare, and infrastructure. India is a prominent example of a mixed economy, balancing market forces with state intervention to ensure both economic efficiency and social welfare.

The mixed economic model supports a flexible government-business interface, allowing the state to regulate industries to protect public interests and promote stability. The government may introduce policies to curb monopolies, ensure fair wages, and provide public goods. Through initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and subsidies for the agriculture sector, the Indian government aims to support vulnerable populations, reduce poverty, and boost employment, demonstrating a socialist approach within a capitalist framework.

Government’s Role in Economic Interfaces:

Regardless of the economic system, governments generally have three main roles in economic systems:

• Regulator:

Governments regulate business practices to ensure compliance with laws, maintain fair competition, and protect consumers, workers, and the environment. In India, regulatory bodies like the Securities and Exchange Board of India (SEBI) oversee financial markets, while the Competition Commission of India (CCI) monitors anti-competitive practices.

• Facilitator:

Governments also play a facilitative role by creating an environment conducive to economic growth. In India, policies like the Goods and Services Tax (GST) streamline tax structures, while initiatives like ‘Make in India’ encourage manufacturing and investment.

• Redistributor:

Through taxation and welfare programs, governments redistribute wealth to reduce income inequalities. The Public Distribution System (PDS) in India, which provides subsidized food grains to the poor, is an example of government-led redistribution efforts.

Market Forces and Economic Freedom:

The extent of economic freedom within an economy significantly affects the business environment. Economic freedom is higher in capitalist economies where market forces determine prices and resources, leading to greater efficiency and innovation. Countries with higher economic freedom, such as the United States, see stronger business growth and a dynamic labor market.

In India, economic reforms have enhanced economic freedom, particularly in sectors like telecommunications, retail, and IT, by reducing government restrictions and fostering competition. However, strategic industries like defense and railways still experience significant government control, balancing national security and economic openness.

Impact of Globalization on Economic Interfaces:

Globalization has transformed the economic interfaces of many countries, including India. As economies become more interconnected, the exchange of goods, services, and capital across borders has become more fluid. This increased integration has brought foreign capital, technology, and expertise to India, boosting industries like IT, pharmaceuticals, and automotive manufacturing. The liberalization policies of the 1990s marked a significant turning point, opening India’s economy to global competition and promoting export-led growth.

However, globalization also poses challenges, such as the risk of economic dependency, vulnerability to global market fluctuations, and income inequalities. The Indian government attempts to balance these factors through trade policies, foreign investment regulations, and support for local industries, as reflected in campaigns like ‘Vocal for Local’ and ‘Atmanirbhar Bharat’ (Self-Reliant India).

Role of Technology and Innovation:

In modern economic systems, technology and innovation play a crucial role in shaping the government-business interface. Advances in digitalization, artificial intelligence, and automation have transformed the way businesses operate, from production to customer service. In India, the government supports technological advancements through initiatives like Digital India, which promotes digital literacy, internet accessibility, and e-governance.

Government-Business Interface is the relationship between public policies and private enterprises, shaping the environment within which businesses operate. In India, this interface plays a crucial role in economic development, regulatory governance, and shaping industries. It influences various dimensions, including investment climates, market regulations, public-private partnerships, and social welfare.

Regulatory Environment and Ease of Doing Business:

The regulatory environment established by the Indian government sets the rules for businesses, shaping sectors and defining compliance requirements. Over the past few decades, the government has implemented various reforms aimed at improving the ease of doing business, fostering entrepreneurship, and streamlining regulatory processes. Notable reforms are:

• Liberalization and Deregulation:

In 1991, India opened its economy to global markets, liberalizing various sectors and reducing entry barriers. This move allowed foreign businesses to invest and operate in India, fostering competition and innovation.

• Goods and Services Tax (GST):

GST reform in 2017 replaced numerous indirect taxes with a unified tax structure, simplifying tax compliance for businesses and promoting a transparent taxation system.

• Insolvency and Bankruptcy Code (IBC):

Introduced in 2016, the IBC has streamlined the process for dealing with financially distressed companies, providing a more structured path for businesses to resolve insolvency, enhancing investor confidence.

The government’s efforts to improve the ease of doing business have boosted India’s global ranking, making the country a more attractive destination for investment. This regulatory framework also encourages domestic enterprises to grow, invest, and innovate.

Public-Private Partnerships (PPPs):

Public-Private Partnerships (PPPs) are essential to the development of India’s infrastructure, which includes roads, railways, airports, and power sectors. The government partners with private players to fund, develop, and maintain essential infrastructure, addressing the gap in public sector funding. Key sectors impacted by PPPs are:

• Transport and Infrastructure:

PPPs have played a pivotal role in the development of highways, airports, and metro systems in cities. The National Highway Development Project (NHDP) and various metro projects in cities like Delhi and Mumbai exemplify successful PPP models.

• Power and Renewable Energy:

Through the National Solar Mission, the government collaborates with private companies to meet renewable energy targets. PPPs in renewable energy have also accelerated India’s progress toward sustainable goals.

• Healthcare and Education:

PPP models in healthcare provide rural and underserved areas with healthcare services, improving accessibility and quality of care. Education PPPs, like partnerships with private institutions, enhance quality standards and training facilities.

Policy-Making and Economic Reforms:

The Indian government actively shapes business environments through policy-making and economic reforms that influence different sectors. Policies aim to drive investment, promote innovation, and ensure balanced economic growth. Some influential initiatives are:

• Make in India:

Launched in 2014, this initiative encourages manufacturing within India to increase industrial output, create jobs, and reduce reliance on imports. It targets sectors such as electronics, automotive, and defense, inviting both foreign and domestic investment.

• Start-up India and Digital India:

To promote entrepreneurship, the Start-up India campaign offers tax benefits, funding support, and regulatory exemptions to startups. Meanwhile, Digital India promotes digital transformation across sectors, encouraging businesses to adopt digital solutions and improving internet access nationwide.

• Atmanirbhar Bharat (Self-Reliant India):

This policy seeks to reduce import dependency by promoting domestic production and encouraging innovation, with a focus on defense, pharmaceuticals, and electronics. It supports Indian businesses in becoming competitive on a global scale.

Social Responsibility and Sustainable Development:

The government’s role in promoting corporate social responsibility (CSR) and sustainable development ensures that businesses contribute positively to society and the environment. Through mandates and incentives, the government encourages companies to adopt sustainable practices and engage in CSR activities.

• CSR Mandates:

Under the Companies Act 2013, certain businesses are required to allocate a portion of their profits to CSR activities, addressing community development, education, healthcare, and environmental conservation.

• Environmental Regulations:

The government enforces regulations to control pollution, waste management, and emissions, promoting sustainability. Programs like Swachh Bharat (Clean India) and Clean Ganga require corporate participation, leading companies to adopt eco-friendly practices.

• Renewable Energy:

Initiatives like the National Action Plan on Climate Change (NAPCC) and the promotion of renewable energy targets have encouraged businesses to invest in cleaner technologies, aligning with global climate goals.

Government Support in Crisis Situations:

During crises, such as the COVID-19 pandemic, the government acts as a stabilizing force, providing financial assistance, policy support, and stimulus packages to protect businesses and employment. Recent examples are:

• Economic Stimulus Packages:

To counteract the economic impact of COVID-19, the government launched stimulus packages that provided loan moratoriums, liquidity support, and direct financial aid to small and medium enterprises (SMEs) and vulnerable sectors.

• Vocal for Local Campaign:

Amid the pandemic, this campaign encouraged citizens to support local businesses, strengthening domestic supply chains and helping Indian businesses recover.

• Skill Development and Employment Support:

Through initiatives like Skill India, the government supports job creation and skill enhancement, ensuring a steady supply of skilled workers for industries in recovery.

The landscape of Indian business has been evolving dramatically over recent decades, driven by globalization, technological advancement, regulatory reforms, and changing consumer behavior. These shifts have reshaped how companies operate, compete, and grow.

Economic Liberalization and Globalization:

Liberalization of the Indian economy in 1991 marked a pivotal shift. By reducing barriers to trade and investment, liberalization attracted foreign direct investment (FDI) and paved the way for international companies to enter the Indian market. These reforms are:

• Reduction of Import Tariffs:

Lower tariffs made it easier for Indian businesses to import necessary raw materials and technologies.

• Deregulation:

By relaxing regulatory constraints, India encouraged entrepreneurship, leading to the growth of the private sector.

• Attracting FDI:

Government opened sectors like telecommunications, aviation, and banking to foreign investment, significantly boosting capital inflow and technology transfer.

Globalization and liberalization have had far-reaching impacts. Indian businesses now face international competition, necessitating innovation and efficiency improvements. At the same time, they have access to a broader market and international best practices, helping Indian companies emerge as global players.

Digital Transformation and Technological Advancement:

Technology has rapidly transformed the Indian business ecosystem. The widespread adoption of the internet, mobile devices, and digital platforms has accelerated business processes and enabled new models like e-commerce, fintech, and telemedicine. Key factors in India’s digital transformation:

• E-Commerce Growth:

E-commerce platforms like Amazon, Flipkart, and the homegrown JioMart have revolutionized retail, providing consumers with more convenience and a broader range of products.

• Digital Payments:

The introduction of digital payment systems, particularly the Unified Payments Interface (UPI), has led to a cashless economy, boosting transparency and security in transactions.

• AI and Machine Learning:

Artificial intelligence (AI) and machine learning (ML) are enhancing decision-making and enabling businesses to analyze vast amounts of data for insights, which is crucial in sectors like banking, healthcare, and retail.

• Start-up Ecosystem:

Indian start-up ecosystem has flourished, especially in technology, driven by innovation hubs in cities like Bengaluru, Hyderabad, and Pune. Support from government initiatives like Start-Up India has also fueled this growth.

Changing Consumer Preferences:

Indian consumer base has shifted significantly due to factors like rising incomes, urbanization, and exposure to global lifestyles. Today’s consumers are more informed, digitally connected, and demand quality, variety, and convenience. Major shifts in consumer behavior:

• Preference for E-commerce:

Consumers prefer online shopping for convenience and variety, driving growth in e-commerce and influencing traditional businesses to adopt hybrid models.

• Health Consciousness:

Post-pandemic, consumers have become more health-conscious, preferring organic products, fitness services, and preventive healthcare options.

• Sustainability:

There’s a growing demand for eco-friendly products and practices, which has pushed businesses to adopt sustainable methods in production and packaging.

Government Reforms and Policy Changes:

India’s regulatory environment has become more business-friendly, with recent government reforms aimed at simplifying business operations and boosting economic growth. Major reforms impacting Indian business:

• Goods and Services Tax (GST):

Introduced in 2017, GST replaced multiple indirect taxes, simplifying the tax structure and promoting ease of doing business.

• Make in India Initiative:

Launched in 2014, this initiative encourages manufacturing in India, aiming to position the country as a global manufacturing hub and boost job creation.

• Atmanirbhar Bharat (Self-Reliant India):

This policy aims to reduce dependency on imports by promoting domestic production, particularly in sectors like defense, electronics, and pharmaceuticals.

Focus on Sustainable and Inclusive Growth:

Indian businesses increasingly recognize the importance of sustainable and inclusive growth. As environmental awareness grows and regulatory pressures increase, companies are committing to greener practices and corporate social responsibility (CSR) initiatives. Key trends are:

• Green Business Practices:

Businesses are adopting renewable energy, reducing emissions, and using sustainable resources to align with environmental goals.

• CSR Initiatives:

Indian government mandates that certain companies allocate a portion of their profits toward CSR activities, encouraging businesses to contribute to community development, education, and healthcare.

• Inclusive Business Models:

Companies are creating inclusive models that empower marginalized communities, promote financial inclusion, and address social issues, leading to more sustainable and equitable growth.

Emergence of New Business Models:

India has seen the rise of new business models driven by technological advancements and changing consumer demands.

• Gig Economy:

Gig economy has expanded in India, with platforms like Ola, Swiggy, and UrbanClap offering flexible work opportunities in urban areas.

• Shared Economy:

Businesses like OYO and Zoomcar have popularized the shared economy model, where access to goods and services is emphasized over ownership.

• Subscription Models:

Subscription-based services, including video streaming, groceries, and even wellness packages, have become popular, offering consumers convenience and affordability.

Environmental Analysis is the systematic examination of the external and internal factors affecting an organization. This includes identifying, monitoring, and evaluating trends and forces that could impact the business directly or indirectly. The primary goal of environmental analysis is to improve decision-making by understanding the dynamics of the environment in which a business operates.

Components of Environmental Analysis:

1. External Environment:

This encompasses factors outside the organization that influence its operations. Key external components are:

• Economic Factors: Inflation rates, currency exchange, economic growth, and employment rates all impact a business’s profitability and sustainability.
• Political and Legal Factors: Government policies, regulations, political stability, and trade agreements shape the business climate.
• Social and Cultural Factors: Social trends, consumer behaviors, demographic shifts, and cultural norms determine demand patterns and market needs.
• Technological Factors: Technological advancements and digital innovations affect production, communication, and customer engagement.
• Environmental Factors: Ecological and environmental factors, like sustainability, climate change, and pollution, are increasingly influencing corporate strategies.
• Competitive Factors: Industry competition, the presence of substitutes, and competitive rivalry impact a company’s market position.

2. Internal Environment:

• Resources and Capabilities: These include financial resources, human resources, operational capacities, and intangible assets.
• Corporate Culture: An organization’s values, beliefs, and practices impact employee morale, productivity, and the company’s overall strategic direction.
• Operational Efficiency: Quality of management, leadership, organizational structure, and internal policies are crucial in shaping the organization’s adaptability and resilience.

Tools for Environmental Analysis:

To conduct environmental analysis, businesses rely on various strategic tools that offer frameworks for assessing their environment.

• SWOT Analysis:

SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis is a widely used tool that allows organizations to evaluate their internal strengths and weaknesses in relation to external opportunities and threats. This provides insights into potential growth areas and risk management strategies.

• PESTEL Analysis:

This tool helps analyze six major environmental factors: Political, Economic, Social, Technological, Environmental, and Legal. By categorizing these external influences, organizations can anticipate macro-level changes and align strategies accordingly.

• Porter’s Five Forces:

Developed by Michael Porter, this model evaluates five competitive forces: the threat of new entrants, bargaining power of suppliers, bargaining power of buyers, the threat of substitutes, and industry rivalry. Understanding these forces helps businesses gauge their competitive position within the industry.

• Scenario Planning:

Scenario planning is a forecasting tool that helps organizations visualize potential future scenarios based on current trends and uncertainties. This is especially useful for preparing for complex or unpredictable environments.

• Value Chain Analysis:

This analysis breaks down the business’s activities into primary and support activities to determine where value can be added. It helps businesses optimize operations, reduce costs, and improve efficiency.

Environmental Forecasting

Environmental forecasting involves predicting future trends and conditions based on current data and analysis. It helps organizations anticipate changes in their operating environment, equipping them to adjust strategies proactively. Effective forecasting can enhance planning, improve resource allocation, and facilitate better decision-making.

There are several forecasting methods that organizations use:

1. Quantitative Forecasting:

This involves the use of mathematical models, statistical tools, and historical data to predict future events. Common quantitative forecasting methods:

• Trend Analysis: By examining historical data, trend analysis projects future patterns based on past trends. It is especially useful in stable environments.
• Time-Series Analysis: This method uses patterns observed in data over time to make forecasts, often relying on data segmentation, like daily, monthly, or yearly data points.
• Econometric Models: These models apply economic theories and statistical techniques to predict the behavior of variables such as demand, price, and sales.

2. Qualitative Forecasting:

Qualitative methods are particularly valuable when historical data is scarce or the environment is volatile.

• Expert Opinion: Gathering insights from industry experts, consultants, and stakeholders can help forecast trends in uncertain conditions.
• Delphi Technique: This method uses a panel of experts who anonymously answer questionnaires, with responses consolidated to reach a consensus on potential future events.
• Scenario Analysis: This helps organizations prepare for different future scenarios by developing strategies for both best-case and worst-case outcomes.

Importance of Environmental Analysis and Forecasting:

• Strategic Planning:

These tools help in formulating long-term plans that align with external opportunities and internal strengths, ensuring that the organization stays competitive.

• Risk Management:

By identifying potential risks early, organizations can develop mitigation strategies to minimize adverse impacts.

• Adaptability and Resilience:

Organizations that monitor environmental changes and forecast trends are more adaptable and resilient to disruptions.

• Proactive Decision-Making:

Environmental forecasting enables organizations to make proactive rather than reactive decisions, allowing them to respond to market changes promptly.

• Resource Optimization:

Knowing what to expect in the future helps businesses allocate resources more efficiently, focusing on high-potential opportunities while avoiding risky areas.

Challenges in Environmental Analysis and Forecasting:

• Complexity of External Environment:

The interconnectedness of global markets, rapid technological change, and diverse regulatory environments make it challenging to analyze all relevant factors accurately.

• Uncertainty and Unpredictability:

Business environment is often characterized by uncertainty, making it difficult to forecast accurately, especially in volatile industries or emerging markets.

• Data Overload:

Access to vast amounts of data can be overwhelming and may lead to analysis paralysis if not managed properly.

• Biases in Forecasting:

Forecasting is susceptible to biases, whether stemming from historical data limitations or individual interpretation of trends. These biases can distort decision-making if not identified and corrected.

Best Practices for Effective Environmental Analysis and Forecasting:

• Regular Monitoring:

Conducting periodic analysis allows businesses to track environmental changes continuously, keeping strategies relevant and responsive.

• Cross-Functional Collaboration:

Engaging departments across the organization helps incorporate diverse perspectives and expertise, resulting in more comprehensive analyses and accurate forecasts.

• Using Multiple Tools:

Combining quantitative and qualitative forecasting methods enhances accuracy and provides a well-rounded view of potential future scenarios.

• Scenario Planning:

Preparing for multiple scenarios ensures the business has contingency plans in place for different outcomes, reducing the impact of unforeseen changes.

• Leveraging Technology:

Advanced data analytics, artificial intelligence, and machine learning tools can significantly enhance the precision and speed of analysis and forecasting processes.

Studying the business environment is crucial for understanding how various factors influence organizations and their operations.

1. Economic Factors

Economic conditions play a pivotal role in shaping business strategies. Key indicators include GDP growth rates, inflation, unemployment rates, and consumer spending patterns. Understanding these elements helps businesses anticipate market demand and adjust their operations accordingly.

2. Political and Legal Environment

The political landscape affects business through regulations, government policies, and political stability. Companies must stay informed about laws that govern their industry, such as labor laws, tax policies, and environmental regulations. This knowledge helps mitigate legal risks and ensures compliance.

3. Sociocultural Factors

Cultural trends and social norms influence consumer behavior. Demographics, lifestyle changes, and societal values can shift market dynamics. Businesses that understand these factors can tailor their products and marketing strategies to better meet consumer needs.

4. Technological Advancements

Rapid technological change impacts production processes, product development, and customer engagement. Companies must adapt to new technologies to enhance efficiency, improve products, and maintain competitive advantage. Staying updated on tech trends is essential for innovation.

5. Competitive Environment

Analyzing competitors is vital for identifying market positioning and strategic planning. Businesses should conduct SWOT analyses (Strengths, Weaknesses, Opportunities, Threats) to understand their competitive landscape. This insight helps in differentiating offerings and strategizing effectively.

6. Global Environment

Globalization has expanded markets beyond local boundaries. Understanding international trade agreements, exchange rates, and foreign regulations is crucial for businesses operating globally. This knowledge helps companies navigate challenges and leverage international opportunities.

7. Environmental Factors

Increasing awareness of environmental issues has led to a greater emphasis on sustainability. Businesses must consider their ecological impact and adopt sustainable practices. This not only meets regulatory requirements but also enhances brand reputation and customer loyalty.

8. Ethical Considerations

Ethics in business practices is becoming increasingly important. Companies face scrutiny over their corporate social responsibility (CSR) initiatives. Adhering to ethical standards builds trust with consumers and stakeholders, enhancing long-term success.

9. Consumer Behavior

Understanding consumer preferences and buying behavior is crucial for product development and marketing. Market research helps businesses identify trends and shifts in consumer attitudes, allowing them to respond proactively and effectively.

10. Workforce Dynamics

The workforce is a key asset for any organization. Studying labor market trends, employee expectations, and skills shortages can inform HR strategies. Organizations that invest in employee development and foster a positive workplace culture tend to perform better.

11. Market Structure

Different industries have varying market structures—monopolistic, oligopolistic, or perfect competition. Understanding the structure of the relevant market helps businesses strategize pricing, production levels, and marketing approaches.

12. Innovation and Change Management

The ability to innovate and manage change is vital for long-term sustainability. Businesses must foster a culture of innovation, encouraging creative thinking and adaptability. This capability enables organizations to respond to market changes and technological advancements swiftly.

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 have  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.

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, “An educated investor is a protected investor”. The task of this awareness generation is on IAD of SEBI, and based on SEBI Act in July 23, 2007, a fund entitled “Investor Protection and Education Fund” 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 ‘not to rely on schemes offering unrealistic returns’, 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

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 India’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 India’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.