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    May 22, 2012
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    Appointment of Tribunal Chairman prompts leadership transition as new chair assumes office after predecessor's retirement
    A retired Supreme Court judge assumed charge as Chairman of the Competition Appellate Tribunal, took the oath of office and secrecy, and commenced the functions of the post, succeeding the previous chairman who retired; the appointee brings extensive high court and supreme court judicial experience to the tribunal's appellate oversight role.
    May 21, 2012
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    Corporate Social Responsibility obligations proposed, with guidance and mandated budgets to encourage company spending and monitoring compliance.
    Government action combines directive and legislative proposals: the Department of Public Enterprises requires Central Public Sector Enterprises (excluding loss-making units) to create CSR budgets; National Voluntary Guidelines provide guidance to companies; and the Companies Bill, 2011 proposes that companies meeting financial thresholds should endeavour to spend a fixed proportion of average net profits over the preceding three years on specified CSR activities, including welfare of disadvantaged social groups.
    May 21, 2012
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    Employee claim settlement: liquidation sale proceeds held by tribunal delay resolution of workmen's claims pending adjudication.
    The winding up petition against M/s Daewoo Motors (India) Ltd. led to liquidation; the factory sale ordered by the Debt Recovery Tribunal produced proceeds now held by that Tribunal. A committee tasked with scrutinizing workmen claims has submitted its report to the Delhi High Court, and employee claims remain pending adjudication. Allegations exist that the liquidator sold the company to a third party without settling employees' claims and queries have been raised about actions and timeframes to resolve those claims.
    May 21, 2012
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    Revival of Closed Companies: no government scheme; state-wise company registration and closure statistics released publicly.
    No government scheme exists for the revival of closed companies; the Ministry provided state-wise totals of registered companies as on 31.03.2012 and a state-wise, category-wise breakdown of closed companies classified as struck off, dissolved and liquidated, with consolidated totals in Annexures I and II.
    May 21, 2012
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    Competition law enforcement: National Competition Policy nearing adoption to prioritise consumer welfare and strengthen market competition.
    National Competition Policy is in final stages, circulated to Ministries for comment and to be placed before the Cabinet; it aims to foster sustainable growth, entrepreneurship and employment by strengthening competition institutions and prioritising consumers. The communication reiterates that competition law protects competition, not competitors, and links effective enforcement and a new national policy to broader reform objectives. A CCI workshop marking three years of enforcement highlighted sensitising State Owned Enterprises to the Competition Act to promote compliance and good operating practices, with international participation and cross sectoral policy benefits noted.
    May 17, 2012
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    Regulation of vanishing companies strengthened through coordinated monitoring and enforcement under company and securities laws to protect investors.
    A Coordination and Monitoring Committee (CMC), co chaired by the Secretary of the corporate affairs ministry and the securities regulator chair, has been constituted to identify, monitor and take action against vanishing companies under the Companies Act, 1956 and the SEBI Act, 1992; prosecutions have been filed against identified entities. Post 2006 reforms instituted Director Identification Numbers and mandatory director disclosure filings to tighten incorporation norms and strengthen oversight.
    May 16, 2012
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    Competition law awareness drives promote understanding of the Competition Act through school workshops and educational materials for students.
    The Competition Commission of India promotes understanding of the Competition Act among senior secondary students through workshops and a simple booklet 'Understanding Competition Law', with plans to expand outreach and seek inclusion of competition law in school curricula.
    May 14, 2012
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    Statutory body status confirms sole institutional authority for chartered accountancy education; government reports adequate CA workforce.
    The Institute of Chartered Accountants of India is the statutory body established by an Act of Parliament and is the sole institution responsible for the education of Chartered Accountants; the government reported a national register of Chartered Accountants as of 1 May 2012 and stated that available professional manpower is sufficient to meet global challenges.
    May 14, 2012
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    Corporate ownership compliance: RIL's indirect holding in a digital media subsidiary is disclosed and stated not to breach Companies Act.
    RIL has no direct shareholding in print, broadcast or production media companies as of the balance sheet date, while its consolidated statements disclose full ownership of Reliance Digital Media Limited through its subsidiary Reliance Retail Limited; that investment route is stated not to violate the Companies Act, 1956.
    May 14, 2012
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    Foreign direct investment restrictions bar FDI in retail (except single brand), lotteries, gambling, real estate and certain technology collaborations.
    Foreign direct investment is restricted with retail trading limited to single brand product retailing and a specified set of activities prohibited from FDI, including lottery and gambling, chit funds, Nidhi companies, trading in transferable development rights, real estate business, manufacture of certain tobacco products, and exclusions for atomic energy and most railway transport. Foreign technology collaboration in any form is also prohibited for lottery and gambling activities.
    May 10, 2012
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    Companies Act reform: new bill introduced and referred to parliamentary standing committee for examination and report.
    Cabinet approval led to introduction of the proposed Companies Bill, which has been referred to the Parliamentary Standing Committee on Finance for examination and report; the Minister of State reported these procedural steps in response to a written parliamentary question concerning a proposal for a new Companies Act and its anticipated timeline.
    May 10, 2012
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    Regulatory identification of multi level marketing: no separate activity code or guidelines, preventing separate data on actions.
    There is no designated activity code or separate regulatory framework for Multi Level Marketing (MLM) companies, so they cannot be separately identified from companies registered under the Companies Act, and consequently information on enforcement action or tax collection specific to MLMs is not available.
    May 10, 2012
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    SFIO investigative powers expanded: reports to have police-report status and authority for cross-border letters rogatory.
    The Companies Bill, 2011 proposes that the SFIO investigation report be treated as a report filed by a police officer, grants the SFIO power to issue letters of request (letters rogatory) for cases involving companies with foreign business or interests, and provides for a statutory definition of 'fraud' together with prescribed punishment, as part of measures to strengthen corporate governance.
    May 7, 2012
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    AGM compliance: companies must file balance sheet and annual report with Registrar; listed firms must supply reports to shareholders.
    Companies must submit the Balance Sheet and Annual Report to the Registrar of Companies after the AGM; the Registrar is not required to maintain records proving the AGM was actually held. Listed companies must supply Annual Reports to shareholders, and stock exchanges monitor compliance with listing disclosure obligations.
    May 7, 2012
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    Misrepresentation by accounting firms: some portray multinational affiliation but report themselves as purely domestic, regulators informed.
    A High Power Committee observed that some Indian chartered accountancy firms and associated private companies present themselves as linked to multinational network accounting firms while reporting to regulators as purely domestic, and the professional institute has not recommended any action to the Ministry of Corporate Affairs, which reports receiving no such recommendation.
    May 4, 2012
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    Extensible Business Reporting Language implementation roadmap: committee to develop phased taxonomies, assurance and dissemination framework after public consultation.
    A government ministry formed a Committee to prepare a roadmap for Extensible Business Reporting Language (XBRL) implementation, including phased identification of companies and reports for XBRL filing, development of taxonomies for regulatory submissions, rules for taxonomy extensions and an XBRL assurance framework, stakeholder training and capacity building, and a framework for consumption and dissemination of XBRL data; public suggestions on taxonomy elements, development approaches, technical extension issues, phase-wise coverage, and data frameworks were received and shared with the Committee for incorporation.

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