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    September 11, 2009
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    Regulatory empowerment of cost accountants urged to strengthen pricing oversight and expanded statutory audit and certification roles
    Request for expanded statutory roles for cost and management accounting professionals to support price stabilization and strengthen enterprise governance by implementing Expert Group recommendations. Key proposals include redrafting cost accounting and audit provisions to remove anomalies with company law, permitting cost accountants to attest and certify statements under Revised Schedule VI, inclusion of cost accountants in LLP audits and within the definition of "Accountants" under the Direct Tax Code, representation in the IFRS Expert Group, addition of the cost accountant designation to MCA-21 Form I, and renaming the institute for global alignment.
    September 10, 2009
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    Formation of Non Profit Investment Promotion Company approved to centralize and facilitate foreign direct investment promotion.
    Approval creates Invest India as a Section 25 non profit joint venture to promote and facilitate FDI, with a Board equally representing the Department of Industrial Policy and Promotion and the industry partner, a DIPP non executive Chair, an appointed Managing Director, and administrative support from the private partner. Initial equity and funding arrangements provide majority private participation with phased reduction of the Central share and equity induction by State Governments; DIPP's contribution will be funded from its investment promotion scheme.
    September 8, 2009
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    Foreign direct investment approvals noted alongside deferrals, rejections, automatic route advices and an escalation for higher approval.
    Nine foreign investment proposals were approved to permit foreign equity participation, ex post facto regularisation, establishment of wholly owned subsidiaries, increases in foreign equity caps, and issuance of securities, with specific proposals identified for compliance with existing press note guidance. Concurrently, thirteen proposals were deferred for further scrutiny, five were rejected, three withdrawn, six advised for the automatic route, and one escalated for higher level consideration.
    July 16, 2009
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    Societies registration enables establishment of a corporate affairs institute to provide capacity building and regulatory support.
    The Indian Institute of Corporate Affairs is constituted as an institutional vehicle to support corporate governance, reform and regulation and is registered under the Societies Registration Act, 1860, providing the legal basis for advisory, capacity building and service delivery activities; it functions as a holistic think tank focused on knowledge management, global partnerships and real-time solutions and is operating from Paryavaran Bhawan, CGO Complex, New Delhi.
    July 14, 2009
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    Regulation of valuation professionals proposed via autonomous institute to standardize business valuation, certification and disciplinary oversight.
    Recommendation to establish an autonomous Institute of Valuation Professionals to regulate and professionalise valuation through a Council, independent disciplinary and quality review, a common certifying examination, uniform technical standards, and statutory emphasis on business valuation with integration of specialists for physical assets.
    May 4, 2009
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    Trade mark fees and form framework defining application, renewal, opposition and expedited filing procedures and charges.
    Schedule prescribes the fee and form framework for trade mark filings, prosecutions, renewals, restorations, special mark registrations, oppositions and ancillary services. It distinguishes single-class and multi-class filings, sets per-mark and per-class charges for series, collective, certification and textile marks, and lists fees for oppositions, counterstatements, extensions, transfers, registration of users, searches, certified copies, expedited services and agent registration, mapping each payable instance to a specific form.
    February 20, 2009
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    Inspection powers under the Companies Act enable government inspections and public electronic disclosure of audited company accounts.
    Government uses inspection powers under section 209A of the Companies Act, 1956 to inspect company books on complaint or other information of non compliance, with suitable legal action taken for violations; 263 companies were inspected between 1.4.2003 and 31.1.2009. An electronic registry publishes filed and audited accounts; auditors are appointed by statute and regulated under the Chartered Accountants Act, 1949, while company secretary certification and regulation apply for listed companies under the Company Secretaries Act, 1980. Amendments in 2006 strengthened disciplinary mechanisms and Accounting Standards were notified; the Companies Bill, 2008 was introduced to further strengthen checks against irregularities.
    February 19, 2009
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    Corporate disclosure integrity strengthened through auditor peer review and event based disclosures to curb financial reporting misstatements.
    Investigations were initiated into material misstatements in a listed company's financial accounts, with regulators inspecting auditors' documents, company records and promoters' statements, while the securities regulator mandated a panel-led peer review of auditors' working papers and amended rules requiring event-based and periodic disclosures on promoters' share pledging to strengthen auditor oversight and transparency.
    February 14, 2009
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    Company disclosure obligations trigger investigation and statutory enforcement including document requisition and management remedies.
    Allegations of falsified financial statements at Satyam led the Government to order SFIO investigations under Section 235 and to empower Inspectors under Section 240(1A) and 240(2)(b) to obtain documents and examine on oath entities including Maytas Properties, Maytas Infra and 356 connected persons; the action proceeds within the statutory framework requiring true and fair disclosures, independent statutory audits, company secretary certification for listed entities, and governmental inspection and remedial powers under the Companies Act, subject to Company Law Board approvals.

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      Corp. Laws, SEBI & IBC

      Government approves formation of a Non-Profit Company ‘Invest India’ for Promotion of FDI

      September 10, 2009

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      The Government of India has today approved the proposal of the Department of Industrial Policy and Promotion(DIPP), Ministry of Commerce and Industry for the formation of a not for profit company "Invest India" under section 25 of the Companies Act, 1956, for promotion of Foreign Direct Investments(FDI) into the country. Announcing this at a press conference, Shri Anand Sharma, Union Minister of Commerce and Industry, has said that the proposed company will be a joint venture between the Government of India, Federation of Indian Chambers of Commerce and Industry (FICCI) and the State Government(s).

      The Minister further stated that the proposed company will be responsible for promoting foreign investments into the country in a more focussed, comprehensive and structured manner. It will assist the Government in its efforts towards projecting India as an attractive investment destination for foreign investors and facilitating them in identifying and realizing investment opportunities in India. "The unique feature of this company is the partnership between the private sector organization and the Government of India and the State Government(s). This is, unlike anywhere else in the world and seeks both to leverage the synergies of all three as well as address their investment priorities", Shri Sharma added.

      The salient features of the proposed company include its management structure which will comprise of the Board of Directors with 6 members from DIPP and 6 members from FICCI. Secretary DIPP will be its Non Executive Chairman. The Board of Directors will appoint a Managing Director and FICCI will provide the administrative, personnel & management support for day to day functioning. As far as equity is concerned the authorized capital of the company will be Rs 10crore and the initial paid up capital Rs.1crore. While FICCI will have 51%share in the equity, DIPP will have 49 % share to begin with. DIPP's share will be reduced overtime to 35% of paid up capital with induction of fresh equity by the State Governments (28 in no.) which will get 0.5% share each in the Equity. The financial implication of the proposal for DIPP is Rs 49 lakh only and will be met from the funds provided under the ongoing XI Plan Scheme for Investment Promotion.

      The company will act as the first reference point for any investor interested in India and will also facilitate in setting up business within the country, by making available sector wise consultants and coordinating with the state government on feasible measures. It will conduct capacity building exercises at the state government level to create an investor friendly environment. It will also undertake promotional work by expanding investor awareness beyond the metros. The company will assist DIPP and other Ministries & Departments in investment promotion projects / events and any other activity within the ambit of investment promotion.

      Background:

      • DIPP is the nodal department for all matters related with FDI promotion. DIPP has so far actively engaged with major Industry Associations for promotion of FDI. There is, however, a need for more proactive and comprehensive measures and sustained efforts to promote FDI in a more targeted manner with a country specific, sector specific or even investor specific focus, over the long run. Therefore, there was a need for a dedicated organization to achieve this objective. .

      • Even as countries across the world compete fiercely to attract FDI, setting up an Investment Promotion Agency is a key part of their strategy to attract foreign Investors. There are more than 160 Investment Promotion Agencies at the national level & over 250 at the sub national level, world wide.

      • Most developed countries have such dedicated agencies for undertaking investment promotion activities, such as Austrian Business Agency (Austria), Costa Rican Investment and Development Board (Costa Rica), Invest in Sweden(Sweden), Invest in Germany(Germany), Investment in Canada Bureau (Canada), Invest in Denmark (Denmark), Invest in France(France), China Investment Promotion Agency(China), National Agency for Direct Investment (Russia), Trade & Investment of the UK (UK) Austrade ( Australia),etc.

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      ActsIncome Tax