Monday, September 26, 2011

Changes

The eventual release from pain
In the learning relentless separation
From those in habit loved

Can come so slowly
It seems there will never be a day
of final peace and tranquility

Who promised me, that if I
did gaze upon reality
Accept it, embrace it, befriend it

I would never suffer again
But no matter how many times
I heave the doorways of my soul

To let the chill light in
The darkness grows silently
To hide me in the break of day

Thursday, September 8, 2011

"Returning India" NRIs

This is something about my upcoming book to be published soon:



Padharo “APNE” Des: Welcome back NRI’S








About the book

This is not a good read for your journey on a train / aircraft but is meant for the life journey in case you have already moved to India or planning to do so. It touches upon the shining and rising aspect of Indian economy and discusses what are requisites for succeeding in it as an entreprenuer.

xxxx

About the readers

This is specifically written for NRI’s who are moving to India permanently and plan to be on an entrepreneurial journey in India

xxxx

About the author

Well, Neha is an economist from 1995 batch of London School of Economics and has contibuted to Indian business community in a big way while holding critical positions like Board Advisor for ASSOCHAM, National Planning Commission etc.

She had spent most of her time abroad until 2005 when she decided to move to India as globally economists, businessmen, politicians etc. started acknowledging the potential Indian economy had to offer as global growth engine and she decided to contribute further by developing world class entreprenuers in India.











Index
·         Shining and rising India


·         The evolution since 1990’s – Structural changes


·         India: Global growth engine until 2025?


·         Big momentum gathering sectors in India


·         Regulatory and legal challenges to be tackled in those sectors


·         The winning formula for local set-ups


·         How Neha Professionals can help you further?





Important Interview Questions......


Q1.       What is your vision as a professional for next 5 years?
Ans.     In order to accomplish my long term (12-15 years) vision which is to be a successful entrepreneur, I see myself in next 5 years in a firm leading the team/ running a show with some senior guidance carving out a clear niche for myself and my team
Q2.       What is the difference between the work culture at a consultancy company and Industry?
Ans.     Difference could be elaborated in the following manner:
           
Industry
Consultancy
Professional Journey
More of following someone rather than setting precedence
You explore and make your own path
Work Content
- Repetitive nature of work say only secretarial kind of work

- Execution mode
- Client oriented, thus different work in the medium term & demands new thinking.
- Discovering mode, say tailor made assignments as per the client’s latest requirements
Reporting relationships
The work is being done according to the company’s policy and reporting is centralized to the immediate manager
The consultants bring “best practice” solutions and methodologies just to grow the business and thereby growing themselves
Rewards
Short term rewards (e.g. year end bonus) based on ABCD grading of employees
Long term incentives like becoming a partner are present in these set-ups, for distinctive talent
Q3.     Where do you see India in the regime of FDI in next 5 years?
Ans.     Let me start with past 5 years in the growth of FDI. There has been good and bad things about FDI in the past 5 years.
           

Good are;
a.       India’s GDP Growth
b.      Large Pool of Skilled manpower
c.       Growing Consumer Market
d.      Fastest Growing Economy
Bad are;
a.       Recent licensing issues in telecom space and series of corruption cases in real estate financing
b.      Slow global economic recovery
c.       Land Acquisition issues in India
d.      Inflation and other structural problems of India making FDI less attractive
With the above points keeping in mind, I think India may not witness high FDI in next 5 years unless the corruption and other recent issues be cleared or sorted out
Q4.       What is the difference between Incorporation of a company and setting up of a business of a company?
Ans.     Incorporation of the company is related to the registering the company as per Companies Act, 1956, according to the needs of the client. While setting up of a business is a wider term which includes pre incorporation (making business idea and plan), Incorporation and execution of business plans post incorporation.
Complete Business Set up package includes all the activities right from establishment of business entity till the completion of all necessary post set-up activities
Q5.       What are the responsibilities of an employee in a consultancy company?
Ans.     My answer is more from a relatively new consultant (<1 year in consulting set-up) standpoint:
1.      Gather information: Each employee must be familiar with the professional standards,  company’s policies and external information that apply to his or her specific job function / is required to carry out the critical parts of the job. This includes participating in appropriate training sessions, taking the time to read, seeking further information and consulting with others when necessary

2.      Client Request Process Management: Be a part of a client team starting with understanding of client needs to research; designing the solution offering for the client to syndicating with the senior leaders (internal) until the solution is finally communicated to the client

3.      Surface the Issues: Employee must speak up if something does not seem right. He/She should direct his/her concerns to the appropriate resource in firm and offer suggestions for improvement

4.      Client Relationship Management: Having known the client – it’s important to develop and further strengthen the relationship for future engagements with the client. So, one should be pro-active in doing that
Q6.      How do you predict the role of social networking sites in business development of a consultancy company?
Ans.     Social Networking sites are essential tools in the growth of businesses of a consultancy company as it manages the professional identity, helps in building and engaging within the professional network. It helps accessing knowledge, insights and business opportunities
Q7.      Whether Consultancy Company should adopt the policy of “Client is God “or should dictate its own terms on client?
Ans.     Answer to this Question is two-fold.
First part is understanding the clients’ needs (complex business challenges/ problems)
            Second fold is the multi disciplinary approach with deep practical study with the clients jointly to work on the drivers of the challenges faced by him/her and then, develop a solution for the client
            Neither of the above policies be followed independently. Consultancy firms working with the clients jointly should understand and appreciate the value of each other.  Firm’s absolute commitment to their professional independence and integrity would definitely help maintain credibility with the clients
Q8.      Express your strength in detail as a professional and how you will be able to prove yourself as a growing tree of the firm?
Ans.
1.      Team Player:            
I find myself a strong team player to be fitted in each line to contribute significantly to the team’s output

2.      Dedication:
Truly dedicated towards assignments as well as company’s goodwill



3.      Optimistic:
I find myself having positive professional outlook in workplace to complete the task, even those that I may dislike, with a good attitude

4.      Time Efficient:
I understand the importance of time sensitivity and able to manage my workday accordingly

5.      Quick Learner:
My greatest strength is probably my ability to learn very quickly and to retain well. I’m a fast learner. I can learn things in a few days that often take other people several months.

My strengths might sound very widely known among young professionals, but I really own them when put even in pressure situations which help me standout as distinctive professional. I assure you that, with above strengths; I can add one more branch to the growing tree of the firm and prove to be valuable asset for the company.

Tuesday, August 16, 2011

Scolding the tears!!!

Through eyes to cheeks, it takes instant flight
To seek vast attention this night
enlarged eyes with unnumbered tears roll
Though practicalities knocking her mind in Crime Patrol
Sorry on sorry running around
And Circling thoughts fill the vast profound
His harsh words now and then
with energised anger so silent in her eyes
 The innocent angel view him as a convict unknown
Pressing the soft neck with virtual rope
Then smiling for her insult from the core
 Three saints beating her with harsh unspoken words
"Thrice welcome thou" the guilt replies
And she thanks god, for snatching her voice
Say would you scold the tears for the crime above
Or, would you mark his licensed words as true love



















Gist of MCA Circulars 2011

Exit Scheme
Easy Exit Scheme
Guidelines for Fast Track Exit mode for defunct companies under section 560
Accounting Standards
Constitution of an Advisory Committee
Indian Accounting Standards Converged with IFRS Notified
Companies (Accounting Standards) (Amendment) Rules, 2011- Notified IND AS
Carve-outs provided in IND AS
Amendment in The Companies (Accounting Standard) Rules, 2006
General Exemption under Section 211
Directions under Section 212
Amendments in Schedule XIII regarding Managerial Remuneration 9
Amendments in Forms
Revised Schedule VI
Delegation of powers and functions to ROCs and RDs
Marking a company as having management dispute by ROCs under MCA-21 system
Filing of conflicting eForm 32 by contesting parties
Compliance of Provision of the Companies Act,1956 and Rules made there under
Special drive to clear pendency of e-forms filed with ROCs
Issue of Certificate by ROCs under the Digital Signature
Amendment in Companies Regulations
Process of incorporation of Companies simplified
Guidelines regarding Prosecution of Directors for committing defaults under Companies Act
Settlement of prosecutions cases
Certification of e-forms by the Practicing professionals
Payment of MCA fees in electronic mode
Directors Identification Number (DIN) Process and Rules
Amendment in Companies (Particulars of Employees) Rules, 1975
Director's Relatives (Office or Place of Profit) Rules
The Companies (Passing of the Resolution by Postal Ballot) Rules, 2011
Filing of Balance Sheet and Profit and Loss Account in XBRL mode
Green Initiatives
Green Initiatives - service of documents by e-mode
Clarification regarding sending copies of Balance Sheets etc. through electronic mode
Approval of MCA for appointment of agency for providing electronic platform for electronic voting
Participation by directors in meetings of Board/Committee of directors through electronic mode
Participation by shareholders in general meetings through electronic mode
Guidelines for declaring financial institution as Public Financial Institution
Clarification regarding LLP as body corporate
Clarification on Applicability of provisions of Section 108A to 108I of the Companies Act
Payment of Commission to Non-Whole Time Directors
Loan to Public Limited Companies
Simplified Procedure for amalgamation of Government Companies
Clarification on rate of depreciation for purpose of declaration of dividend by companies
Amendment in Notification No. SRO 355, dated 7-1-1957
Amendment in Notification No. G.S.R. 978, dated 28-5-1963
Cost Audit
Revised procedure to be followed by the companies and cost auditor for appointment of cost auditors
Cost Audit Orders issued under Section 233B
The Companies (Cost Accounting Records) Rules, 2011
The Companies (Cost Audit Report) Rules, 2011
Competition Law

Understanding MCA Circulars March 2011


A note on the circulars issued in March, 2011 by MCA
S.No
Reference
Title
Brief Contents of Circular
1
General Circular - dated 09.03.2011
Payment of MCA fees –electronic mode-regarding
a.       Payment confirmation is found to be a major bottleneck in delivery of services in respect of offline payment made by physical challans.
b.      Delay in confirmation of payments by physical challans, as banks have been given a reporting time of ‘T’+3 days
c.       This leads to delay in creation of work item for disposal of an application/e-form, leading to inconvenience of stakeholders.
d.      If the fees is paid online, the work item is created faster and thereby speedy approvals by banks as banks are following’ T’+1 for reporting online payments.

Decision taken

a.       To accept payments of value upto Rs.50,000, for MCA 21 services ,only in electronic mode w.e.f 27th March, 2011.
b.      For the payments of value above Rs. 50,000, stakeholders would have the option to either make the payment in electronic mode, or paper challan. However such payments would also be made in electronic mode w.e.f .1st October’2011.
2
Process of incorporation of Companies (Form-1) and establishment of principal place of business in India by Foreign Companies (Form-44) – Procedure simplified.
REGISTRATION OF FORM-1 AND FORM-44
Below mentioned procedure has been recommended to speed up and simplify the process of incorporation of Companies and establishment of principal place of business in india by foreign companies:
1.      Only Form-1 shall be approved by the RoC Office. Form 18 and 32 shall be processed by the system online.
2.      There shall be one more category, i.e., Incorporation Forms ( Form 1A, Form 37, 39, 44 and 68) which will have the highest priority for approval.
3.      Average time taken for incorporation of company reduced to one (1) day only
3
Payment of Commission to Non-Whole Time Directors of the Company under Section 309(4)(b) of the Companies Act, 1956
Companies are making applications to the Central Government for payment of remuneration in the form of commission to their Non whole Time Director(s) even when the total commission to be paid to all the Non Whole Time Director(s) taken together falls within the limit of ;
a.       1% of net profit of the company, if the company has WTD/MD
b.      3% of net profit of the company, in any other case
under Section 198 of the Act in addition to sitting fees.

Decision taken

A company shall not require CG Approval for making payment of remuneration by way of commission to its Non WTD in addition to sitting fees if the total commission to be paid to all Non WTD does not exceed the limits of 1% or 3% mentioned above.
4
Simplification of DIN rules
Re-examination of the process of allotment of Directors Identification Number (DIN) to be obtained u/s 266B of the companies Act, 1956
In order to speed up and simplify the process to obtain a DIN, the below mentioned procedure have been recommended:
1.      Application for DIN will be made on eForm ; No physical submission of documents shall be accepted and for this purpose Scanned documents along with verification by the applicant will be attached with the eForm. Only online fee payment will be allowed i.e. No challan payment
2.      The application can also be submitted online by the applicant himself using his DSC.
3.      DIN 1 eForm can be digitally signed by the professional who shall also confirm that he has verified the particulars of the Applicant given in the application.
4.      Where the DIN 1 is verified by the professional, the DIN will be approved by the system immediately online.
5.      In other cases the DIN cell will examine the application and same shall be disposed of within one or two days.
6.      Companies (Directors Identification Number) Rules, 2006 are being amended on the above lines.
7.      Penal action against the applicant and professional certifying the DIN application in case of false information / certification as per provisions of section 628 of the Act will be taken in addition to action for professional misconduct and revocation of DIN, allotted on false information
8.      The above procedure is expected to enable allotment of DIN on the same day.
9.      The above procedure applies to filing of DIN 4 intimating changes in particulars of Directors.