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    ICSI Conducts National Seminar on ‘Indian Financial Code’
    Competition Commission to play an important role as a regulator of Competition and as a participant in the competitive process – Finance Minister P ...
    Fair Trade Practices by Companies
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    Unpaid and Unclaimed Dividends with Companies
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May 23, 2013
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Indian Financial Code calls for a consolidated principle-based legal framework and aligned subordinate regulations requiring capacity building.
The proposed Indian Financial Code is presented as a non-sectoral, principle-based consolidation designed to remedy fragmented, piecemeal financial sector legislation by clarifying objectives and powers and establishing accountability mechanisms; successful adoption requires harmonisation of subordinate regulations, contemporaneous system-wide legislative change, and substantial capacity building and training to manage transition and implementation.
May 21, 2013
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Competition regulation urged: Commission to police anti competitive conduct and ensure fair play between public and private sectors.
The Finance Minister emphasised the Competition Commission as regulator first, directing focus to five issues: mergers and acquisitions, natural monopolies, regulatory capture, governance biases favouring Public Sector Enterprises, and predatory behaviour, and urged CCI to monitor anti competitive conduct across private and public sectors, coordinate with sectoral regulators despite legal difficulties, and pursue structural reform where needed while advancing its Mission 2020 vision.
May 6, 2013
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Fair trade practices enforcement: Competition Commission empowered to investigate and remediate anti-competitive agreements and abuse of dominance.
Enforcement of fair trade practices is entrusted to the Competition Commission, which possesses investigative authority and takes remedial measures where conduct amounts to anti-competitive agreements, abuse of a dominant position, or other unfair trade practices, covering detection, investigation and corrective action to address violations and restore competitive conditions.
May 6, 2013
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Corporate fraud detection: ministry advances a fraud prediction model and orders investigations, inspections and regulatory referrals.
Operational enforcement measures include ordering investigations under company law, directing statutory inspections of books and records, instructing registrar scrutiny of balance sheets, referring suspected collective investment schemes to securities and state economic offences units, and supervising liquidation. Preventive initiatives include development of a Fraud Prediction Model to generate analytical alerts and strengthening the Market Research and Analysis Unit through technology and skilled personnel.
May 3, 2013
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Anti-competitive allegations prompt enforcement under the Competition Act enabling penalties or cease-and-desist orders to protect consumers.
Allegations of anti-competitive practices, including cartelisation, have been filed against certain car manufacturers and are under consideration by the Competition Commission of India; under the Competition Act, 2002 the Commission is empowered to impose penalties and to issue cease and desist orders, individually or together, to protect consumer interests.
May 3, 2013
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Ease of doing business: Companies Bill 2012 mandates electronic registration, e-governance, self-regulation and streamlined corporate procedures.
The Companies Bill, 2012 mandates fully electronic company registration via the MCA-21 registry, permits maintenance of records and meetings by e-governance, shifts toward self-regulation with disclosures/transparency instead of approval-based oversight, recognizes One Person Company and Small Company forms to promote entrepreneurship, provides expedited merger and acquisition mechanisms including short-form and cross-border mergers, and provides for time-bound approvals by the National Company Law Tribunal alongside a summary liquidation process for certain companies.
May 3, 2013
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Key managerial personnel requirement mandates a whole-time Company Secretary for prescribed companies, with professional supply capacity noted.
Clause 203 of the Companies Bill, 2012 requires that every company of such prescribed class or classes shall have a Company Secretary as a whole-time Key Managerial Personnel. Information from the professional institute reports an existing membership roll and a larger number of students pursuing the qualification, suggesting supply capacity to meet the Bill's appointment requirement.
May 3, 2013
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Unpaid dividends reporting: disclosure lists top companies holding substantial unclaimed dividend balances, prompting corporate compliance review.
The MCA21 portal reports an unpaid and unclaimed dividend aggregate of Rs.1,101.35 crore across 1,406 companies, disclosed in a written parliamentary reply. A list identifying the fifty companies with the largest unpaid and unclaimed dividend amounts is published, naming specific corporate entities across multiple sectors.

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