Corporate Professionals One Brand Office Model

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Pavan Kumar Vijay

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I gave a lecture at ICSI on GOVERNANCE - Initiative and Accountability. I believe that Corporates are expected to use their Capacity, Knowledge and Resources towards Maximization of stakeholders' value and well-being and progress of humankind. There are four parts of this presentation- 1. Strengthening Board Framework 2. Stakeholder Interest Protection 3. Transparency and Disclosure 4. Impact of Change

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I had the opportunity to address the Impact Session on “How to Grow & Manage Startups” organized by ICSI-NIRC on 17.2.2016. In my opening remarks I stated that we are incredibly excited about the Startup India Action Plan announced by the Hon’ble Prime Minister of India, which is definitely going to motivate many young entrepreneurs to turn ideas into action and create more jobs opportunities in India. With faster registration of patents and protection for Intellectual Property rights, every entrepreneur would also be confident of reward for his innovation. Day is not far off when India may acquire from 3rd position to 1st position with largest number of start-ups globally. Addressing the gathering I stated that a lot of businesses have entered the market these days to reach out to customer with different channels. The trust factor through offline shopping has been replaced with online shopping as it provides cheaper, economical and variety of things to buy. While starting up your own business, it is important to understand that how to manage the growth in the present and future context. Company Secretaries play a proactive role in guiding these startups by providing professional support ranging from business setup, documentation, compliances, accounting, payrolls, funding and many more that will help them to rise up to the challenges in the global economy. The ICSI must rise to the occasion to encourage and foster its young, capable and talented members for their future splendor by Setting-up of incubation centers and provide them necessary support and hand-holding in their growth. It is good time to start chain programmes on Startups and greet the future that “WE ARE READY”.

Startups and managing startups

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Corporate Complience Management : A Risk Management

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Leveraging New Age Economy

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Takeover Code Exemptions

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Demystifying Takeover Code

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Corporate Governance is the practice of transparency in operations and transactions expected from Corporate Houses. सत्यं वद, धर्मं चर (Forever Speak the Truth and Follow the Dharma) has been our old age mantra for high standard of living and governance practices. To imbibe Corporate Governance norms in the structure of a business, leaders have to have vision and inclination towards Ethics, Integrity and Accountability. History has shown that Companies who followed these practices have earned the faith of world at large. Well governed and transparent companies have fared well in their business and also contributed to maintain the inclusive development and growth of society.

Corporate Governance

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With the advancement of IT and Internet-based systems and tools, the scope of corporate and legal consultancy has widened; we can easily provide services to bigger and global clients. But the competition will also be with global players. So Company Secretaries have to learn and adapt new technologies to provide speedy solutions with collaboration of Human Intelligence and Internet based knowledge.

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My Presentation at ICSI on 13/03/2015- "How to Begin- Secretarial Audit". Secretarial Audit is a process to check compliance with – • the provisions of various laws and Rules/Regulations/Procedures, • maintenance of books, records etc, • by an independent professional to ensure that the company has complied with the legal and procedural requirements and also followed due processes. • the Board of Directors has to give explanation in the Board’s Report to every qualification and observation or other adverse remark made by the Secretarial Auditor. •So we can say that the Board of Directors has to ensure that there should be a system in the company through which Compliance Officer can Control on all compliances under all applicable Laws. Read more...

How to Begin Secretarial Audit (Compliance of All Applicable Law )

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Due Diligence for Merger & Acquisition, Corporate Restructuring and Takeover

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Corporate Governance is not only a legal compliance but is necessary for the optimum growth of a business. A transparent and well-governed company is perceived to be doing business in honest way and contributing in the development and wellness of society. Therefore businesses should adapt system of Corporate Compliance Management to establish and maintain Ethics, Integrity and Accountability in their routine. सत्यं वद, धर्मं चर (Forever Speak the Truth and Follow the Dharma) has been the mantra of good people and same applies to Corporate and Business. Today I was at Assocham’s 2nd National Conference on Corporate Compliance Management to give my view on the quest for Corporate Governance and necessity of Corporate Compliance Management.

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With resolution of Central Government for reforms, transparency and governance in Corporate Sector, sentiments in the Capital Market has turned positive. Companies Act 2013 has also helped in reinstating the confidence of small shareholders in Capital Market. As the capital market has grown global, it has generated ample need and huge opportunities for pools of ready money for investments in specific sectors. In such a scenario, several new Investor and Market friendly laws like AIF/ REITs and InvIT have been introduced. SEBI has also recently simplified some norms of AIFs. These type of funds will help in rapid development and growth of various sector of the country.

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Hostile Takeover, acquisition of a business by making unsolicited bids and giving attractive offers to the stakeholders to amass the controlling share and then bid to take control of the business and the management. The acquirer attempts to acquire a business by convincing small shareholders and financial institution of bright future prospects and also give them much larger premium for their shares. This is done to get an upper hand in that specific segment of Industry as well as market by acquiring an established business with proven track records. How much negative this kind of takeover may look, there are many positive outcomes too. A bid of hostile takeover compels the management to work efficiently, true value of a business comes to fore, shareholders get an opportunity to sell their stake at a good premium etc.

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Fundraising for businesses was an arbitrary practice without any formal guidelines and regulations before Companies Act 2013. Due to lacunae of legal provisions in Companies Act 1956, many a times, corporate with fraudulent mindset have found their way to dupe investors and public of their hard-earned money. It has created many legal disputes and controversies. Now, new Companies Act and the consequent rules have formally covered all the modes of fund-raising and have tried to fill in the loopholes of old law. Stringent rules and cumbersome compliances are to ensure safeguard of the public money and restrict the malpractices. But these provisions have created confusion in respect of implementation and compliances. The easy availability of funds for businesses in real need has also dried up. MCA must come out some clarification to give breathing time to companies specifically for private companies.

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Technology and mainly Information Technology has made the knowledge available in digital form and we have easy access to information for reference at any time. This brought both challenges and opportunities for the professionals like Company Secretaries. As the law has permitted the use of IT in many procedures such as compliance, payments etc., it also expects proficiency in knowledge and efficiency in work from the professionals. Now the mantra of survival and success of a Company Secretary is proper application and management of knowledge, resources and time to compete. There is limitless scope of expanding the horizon for the profession.

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