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The lush green garden laden with a variety of plants and shrubs, fruit bearing trees and flowering plants of various hues seems history now. As I sit in my drawing room overlooking the stretch that was once a soft Mexican grass lawn, I feel sad. There is rubble, brick and mortar, soil and sand, logs of wood, electrical wires, tiles and many such inanimate things spawn all around. While many pots and holders were shifted out to safer places, many others couldn’t be saved. The guava tree, chikoo tree, coconut tree and several other older and stronger ones have survived the onslaught of the ongoing construction and continue to stand tall. Braving their lives are the rexora flowers, colourful hibiscus, the wilting rose creepers and the cheerful crotons. All crying out ‐ WE ARE DOWN BUT NOT UNDER !

“I waited for 30 years to realise my dream” said Rachel Shetty, Team Manager of the U19 Women’s cricket team which won the first ever U19 World Cup in January, 2023. What was her dream ? of wearing the India team’s blue jersey. She dreamt of it as a 23 year old and had to wait for 30 years to see it coming true – not as a player but as a manager and coach. In the interim, Rachel donned many hats of a wife, mother, corporate honcho, motivational speaker, Professor of Sports Management and Lions club leader travelling across the world. All along, her dream, her desire was kept alive AND she was working towards the same in different ways !

“Close the care gap” is the theme of the Word Cancer Day 2022-24, observed on 4th February. Focus is on reducing the inequities in cancer care which costs lives. Barriers could arise on account of various factors – income, education, location, discrimination based on ethnicity, gender, sexual orientation, age, disability and lifestyle.

Dear Friends,
The year 2023 has begun amidst the gloom of massive layoffs, downsizing, redundancies, by whatever name called. There is anger, anguish, dismay and despondency all around since the action is largely by the Corporate Biggies who had hired in hordes. However it is the small and medium enterprises that have braved the tough tides and bounced back time and again. I am sharing select thoughts gleaned from a talk I attended a couple of months ago by Indraneel Chitale, a 4th generation entrepreneur of a legacy Indian food business, Chitale Bandhu, that started in the pre-independence era.

Dear Friends,

‘Trust’ is an integral part of any relationship. It is a 2-way street with ‘Truthfulness’ and ‘Transparency’ riding high on it.

Almost a decade ago, as I battled cancer, I had no choice of turning away my customers nor closing down my practice. I had no choice but to trust my small team to deliver without me. I watched them learn and grow. Rise and fall. Feel empowered and confident.I Trusted & Delegated. The team took Ownership.

Dear Friends,

‘Samhita’as a living, breathing person who is expressive and evolving. From taking baby steps way back in November, 2009 as Lexspeak, shy and unsure of herself (https://scsarchives.wpengine.comnewsletter/volume-1-issue-no-12010/) to finding her feet during the tweens to completing 13 years in 2022, she has blossomed into a teenager through the 280+ issues sharing a variety of things – regulatory updates, professional articles, statutory calendar reminders, hand-picked thought for the month, jokes, legal maxims, phrases & definitions, INCOTERMS, insurance terms, tips to improve English, better business communication and of course the much-awaited insightful, Editorials.

Wishing Wisdom, Wellness and Wealth Vol# 14 Issue No. 281/2022 Month Oct 2022 Quote of the day “When big things are the same, small things make a big difference.” Dear Friends, Wishing everyone ‘wisdom, well-being and wealth’ beyond Deepavali, that just concluded. While most of us get into a cleaning spree of homes, offices, stores

Dear Friends,

Saraswathi, the Goddess of Learning is invoked during Navaratri (9 days). Coincidentally, in this 280th issue of Samhita (1st issue was published in 2009) we are starting a new column “Books – Best Buddy”, featuring books of different genres, recommended by readers. Infact the suggestion came from one of our readers, Hyderabad based Santhosh who is a Company Secretary turned International Ventriloquist. It reflects the ethos of Samhita – light the lamp of knowledge and dispel the darkness of ignorance !

Dear Friends, “Sare jahan se acchahindostan hamaraHum bulbulain hai iss kiyeh gulsitan hamaraSare jahan se accha” Which Indian doesn’t know this patriotic song by Muhammad Iqbal, written more than a century ago in 1908 when our country was yet to be liberated ? Which Indian doesn’t get goose bumps listening to this song even now

Dear Friends, “A great building must begin with the unmeasurable, must go through measurable means when it is being designed and in the end must be unmeasurable.” said the famous Architect, Louis Kahn. With due apologies to him, I would like to add that it is not the mere physical structure that makes it unmeasurable

Dear Friends, ♦ Have you ever played Snake & Ladder ? Can you recall the joy of casting the dice and getting started ? the thrill of climbing multiple ladders ? the disappointment of being bitten by a snake ? the frustration of being pushed back to the bottom of the board when you almost

Dear Friends, Snow clad mountains | Golden hue of the sun rays gently kissing them | Sometimes clear | Sometimes engulfed in pristine white clouds, caressing the slopes | Contrasted by the tall green pines alongside the gurgling river flowing by | Add to this feast for the eyes, the constant cheerful, chirping of the

Dear Friends, “Reading a book gives us the habit of solitary, reflection and enjoyment.” Said Dr. Sarvepalli Radhakrishnan, former President of India. While this is true, the reflection can also spur some meaningful action and stir a few emotions. I am tempted to travel back in time machine when my 2nd born was just 5

Dear Friends, ⨀ “Simplicity is the ultimate sophistication” said Leonardo Da Vinci. Several examples of this abound around us. Recently I heard a speaker use the example of zinc production in ancient India to elucidate the above axiom. It was an eye-opener for many of us that to overcome the problem of smelting zinc which

Dear Friends, February, 2022 saw the loss of two big ‘Influencers’ from the music world – Lata Mangeshkar, the colossus with a nectar-like voice, who defined and shall continue to define what melodious singing is and Bappi Lahiri, the over-the-top music director who created new trends through his foot-tapping music. Both were ‘mega market influencers’

Dear Friends, “आ नो भद्राः क्रतवो यन्तु विश्वतः” || “āno bhadra krtavo yantu vishwatah” Drawn from the Rig Veda, this has universal truth and appeal. It urges us to test the validity of knowledge that is drawn from various sources. Today, there is a deluge of information and we are left grappling for truth in

Dear Friends, In this fast moving world, processes have become paramount to achieve scale and so-called success. Many a times sacrificing at the altar of process, the very people that are supposed to be serviced. I am not against systems and process. No I cannot be, coming from a governance profession. But when the people

Dear Friends, It is not March. It is still November and not known for ‘women related month’. So I thought, until I read that 11th November has a significance and so does 19th November. The later first. On November 19th, UNDP marks Women’s Entrepreneurship Day, a day spearheaded by the Women’s Entrepreneurship Day Organization to

Dear Friends, The month of October saw the Navratri festivities – of victory of good over evil, of fasting and introspection, of the power of Shakthi and the celebration of life in general in the dolls displayed, in the rangoli drawn, in the dandiya played, in the exquisite flower decoration of the deities and what

Dear Friends, Glossophobia is the number one fear after death. What is this exotic sounding phobia ? It is nothing but the fear of public speaking stemming from the fear of being rejected or embarrassed. Though the reference is to public speaking indicating a large gathering, it could also be a small group of friends,

Dear Friends, Last issue I carried the inspiring story that I heard first hand from a Kargil war hero, Capt Naveen Nagappa. This time I want to share lessons from a talk that I heard from another type of war hero – a cardiac surgeon who likens a surgery to a war field, given that

Dear Friends, For the last 2 days my head is reeling with these words and phrases …..”Point 4875, Sopore, 13th Battalion JAK Rifles, Kargil, bunkers, boulders, grenade, captured, death, victory, dil maange more, jodidaar”…….yes your guess is right – Shershah movie effect. But wait, is it just the movie ? “I am an engineer from

Dear Friends, If you thought Friendship Day is meant only for celebrating with one of our own species, I would say think again. Just look at these pictures shot at the famous Karanji Lake at Mysore, which has India’s largest walk through aviary, managed by the zoo authorities. They say it all. The peacocks there

Dear Friends, Is ensuring Ease of Doing Business, the responsibility of only the Government ? Is it not of other players in the ecosystem too ? Is EODB ranking only on the basis of ease of entering a country for business ? Is it not for continued ease during an enterprise’s entire lifecycle as well

Dear Friends A few months ago, I heard Dr. Mahanthesh, Founder Trustee of Samarthanam Trust (www.samarthanam.org) delivering a keynote address. It was not only inspirational but also thought provoking. Even after several months, one statement he made is still with me – “We have an inclusive recruitment policy and welcome all to join.”. This seemingly

Dear Friends “Sometimes in the winds of change we find our true direction” said Ciara Neff. For some reason we always think change means doing something new, something not done in the past, changing the status quo. Is it true ? Isn’t going back to some good old habits a change too ? Don’t you

Dear Friends It is summer time in India and we are experiencing varied levels of temperatures. But for covid, most of us would have planned some getaway to enjoy. What if we can’t do it in the real world ? we can always travel back in our memory and rediscover the joy of childhood summer-time.

Dear Friends What you will read below is an “Ode to Nurses”, a first hand experience of my team member Poornima Jayarao. I thought her articulation will bring in the required authenticity to this topic of nursing care which is in great demand currently and is highly overworked too. Let’s take a moment to read

Dear Friends A small request – you are reading this on a google enabled format that has a section called “Disqus” at the end of the newsletter. Please post your feedback or comments by logging in as a guest. We would love to hear from you as much as you from us ?. If you

Dear Friends 7th April 2021, Wednesday, mid-week, mid-day. In walked Ashok, my close relative. We were surprised to see him at that time since he was supposed to be at work. Of course, he was welcomed wholeheartedly because he always regaled us with his unique style of humorous narration. Be it his struggle in finding

Dear Friends Do you know that lions only succeed in a quarter of their hunting attempts — which means they fail in 75% of their attempts and succeed in only 25% of them ? Despite this small percentage shared by most predators, they don’t despair in their pursuit and hunting attempts. The main reason for

Dear Friends It is anniversary time – oh no, I am not referring to Women’s Day (8th March) or National Safety Day (4th March) or Employee Appreciation Day (yes it does exist – 3rd March) or Zero Discrimination Day (1st March and that’s what Google says). I am referring to Corona-induced lockdown. We had shut

Dear Friends I was a panelist at a Business Forum’s annual event recently. 3 women panelists (a dancer-cum-art school founder, a doctor-cum-speciality care centre founder and myself) shared our thoughts on “Women as changemakers” – the need to encourage a girl child to dream big, to help her convert them into goals, to support and

Dear Friends The 1st message I received on 1st February was from All India Radio, FM Rainbow 101.3 asking if I could share my thoughts on the Union Budget 2021 during an evening programme. I was sceptical if I could do justice and that too in Kannada. However, when Dr. Shankaranarayana, the Station Director assured

Dear Friends In May, 2020, in the peak of Corona, a 70 year old non-descript woman called Kamalamma from Mysuru made headlines. Social media was agog with her selfless gesture of donating Rs. 500 out of her measly monthly pension of Rs. 600 towards a food distribution programme. As is the nature of Mysoreans, she

Dear Friends First issue of the month, year and decade for Samhita. That too after a tumultuous 2020 that has left us all shaken. I am tempted to look at only pleasant things in life but can I close my eyes to something happening within my precincts, my backyard ? There is so much of

Dear Friends As I begin writing the last editorial for 2020, the radio is playing out a beautiful old movie song in Kannada “Nenne nennege, naale naalege, indu nammade, chinte yetake” (translated loosely “Yesterday is yesterday’s, Tomorrow is tomorrow’s, Today is ours, why worry”. Easier said than lived. Well, the Year 2020 definitely makes us

Dear Friends   “Listen to the inner voice that allows you to be you.” said Elvis Stojko. 250 fortnights ago, that is what I did – write my first editorial thoughts for this e-newsletter (earlier named Lexspeak). Now it has become a habit to write every fortnight wherever I am and whatever I am busy

Dear Friends The Little Wonder   I woke up  to the thoughts “today is my birthday”…. I have been waiting for this day to celebrate my birthday for 364 days!  I was eager to receive the day – my child like mind was looking forward for the wishes, the gifts and the love from scores

Dear Friends   It is said that children learn from what we do and not what we say.  Actions speak louder than words.  Our actions impact the growing up years of our children.  Recently I was reading what a young man had written about his dad on his 60th birthday.  He described what a typical

Dear Friends The recently concluded Navaratri festival was one of healthy and sustainable food for me.  The first day started with one of my good friends dropping in, to handover a few saplings of a rare variety of delicious jack fruit from his farm. He said so many saplings have sprung up from the trees

Dear Friends After publishing the last issue of Samhita, I had a chat with the Founder of the Dementia Village that I wrote about. As always, he had tons of information and insights to share but the following legal questions he raised were very pertinent as well as disturbing, considering that Dementia patients are mentally

Dear Friends In the last issue of Samhita, I had highlighted that ‘age is in the mind’ and senior citizens are as productive, if not more, as younger population is.  This time I turn my attention to another burning topic concerning the elderly.  A rather grim and growing one that is still not accepted easily

Dear Friends A few weeks ago, World Senior Citizens Day was observed.  While the intent is to create awareness about issues and problems related to old age, it is also a day to recall their contribution to the society during their productive years.  Does this mean older adults do not contribute as they start aging

Dear Friends “The best still images are moving. They move you beyond time and space, move you emotionally, spiritually and intellectually; move you because they tell an entire story, in a single frame.” World Photography Day went by on 19th August, with a simple purpose – to inspire photographers to “share their world with the

Dear Friends Any guess what this %s could indicate ? Corona deaths ? Corona recoveries ? Economy health ? We have had enough of these parameters ad nauseam. This time I turn my attention and yours to marks percentage scored by children. Amidst the gloom of COVID19 and several other catastrophes, many households in India

Dear Friends Three Big Cs – Cancer, Corona & Corruption. Over the years, great progress has been made in fighting Cancer. Corona is a new kid on the block. Baby-steps are being taken to find a vaccine even as we are groping in the dark to find ways to manage ourselves. What about the oldest

Dear Friends Last issue was a colourful pink but this time I am happy to showcase this beautiful, sublime piece of mandala art by yet another team member of mine Ms. Trupti Hegde. Away from the hustle & bustle of Bangalore (now a fear-gripped city of exodus), she must be finding it peaceful to let

Dear Friends This splash of pink against the dark night sky is an expression of the meditative mind of Ratnamala Hegde, the pillar of our firm. Amidst the demanding clients that she handles, she finds time on the weekends to unwind with her easel and brush. She is into Yoga in her own way I

Dear Friends “The foods we eat, the air we breathe, the water we drink and the climate that makes our planet habitable all come from nature.” It’s time #ForNature, as June 5th marks World Environment Day, June 8th World Oceans Day and June 21st International Climate Change Day. Biodiversity is the theme for World Environment

Dear Friends Small lapses have huge consequences. Sometimes the impact is limited to the doer (rather non-doer). At times, extends to many others around too. Of course during this pandemic, I cannot but help talking about individual lapses and irresponsibility. While it is easy to blame the country, government, municipality, hospitals, trains, aircrafts, buses, cabs,

Dear Friends Each one of us has some interesting lessons to share during these lockdown times. Not that there was no learning earlier. Just that we were too busy to stop by and observe. We thought we were ‘living it out’. Were we ? Perhaps not. We had allowed ourselves to be swept away in

Dear Friends 3rd issue post Lockdown, I intend to carry the positive outcomes of this New Normal because there is just too much negativity around it. While I am not turning away from the reality, it is time to notice the goodness in people too that is healing all of us. Just as the Earth

Hi Folks While we are all stay put at home, all types of experiences are out in the open during this lockdown. Some played out in the media as we see thousands of our brethren struggling for food and shelter, despite governmental and societal support. Some heroic deeds of cycling hundreds of kilometres to reach

Hi Folks #Ham Honge Kamayab #We shall overcome – Together. Strangely for the first time ever, human race is in it together – not as a group but as individuals. Unfathomable. Unimaginable. Unnerving. Eerie. Sci-fi movie type. Together we stand, Divided we fall – yes, we all “stand together at a distance” to fight against

Hi Folks Last month, on an impulse decision over a phone call, 3 of us ladies, bought tickets to watch a mega Kannada play called “Malegallali Madhumagalu” (Brides of the Mountains). A 9 hour, night long play set in Malnad (Karnataka) 200 years ago, staged in the rustic settings of Karnataka Kalagrama in Jnanabharathi, Bangalore

Hi Folks Ask yourself ‘Why do I do what I do’. Confused ? Clear ? This was a simple ice-breaker question that a well known keynote speaker threw at us at a recent Talk Session. Infact he made each one of us ask our neighbour this question to understand him/her better. Actually looks simple but

Hi Folks From the 1st Budget presented in Independent India by the first Finance Minister, R K Shanmukham Chetty on 27th November, 1947 to the latest one presented by India’s first woman Finance Minister, Nirmala Sitharaman on 1st February, 2020, Budget presentation has been the most awaited annual event both for corporate citizens as well

Hi Folks Can we say that Gandhiji shook the world in a gentle way ? Perceptions may differ. Simple means like Salt Satyagrapha, Boycott of foreign goods, Conquering opponents by love, Non-violent ways of protest, Non-cooperation, Fasting, Silence etc. are in no way gentle. May be they are, since there is no physical violence involved

Hi Folks Recently I heard a young techie challenge her colleagues – Is your profession a Job, a Career or a Calling ? Job and career need no explanation but what is Calling ? It is something that you pursue with a passion, with a zeal, with your entire being. More often than not, the

Hi Folks Between 2019 and 2020, there is just a difference of 1 year. Infact between 31st and 1st it is the same 24 hours cycle as between any 2 days of the year. Yet, the transition is significant since it is the end of the ‘teens’ so to say, as the year steps in

Hi Folks As we close in on 2019, I want to recall some takeaways that I got from 3 different events – one was a large startup conference, the other a small gathering to celebrate the success of a client’s investment closure and the third one a completely different set up – a decennial celebration

Hi Folks November, 2009 – we were small back then. Just trying to open our eyes. Crawling. Struggling to find our feet amidst the plethora of corporate and legal information available at different levels. Need was internal. To educate and keep ourselves abreast on a regular basis since we had little work on hand. We

Hi Folks Jonathan Swift, author of Gulliver’s Travels (1790), noted that “laws are like cobwebs, which may catch small flies but let wasps and hornets break through.” Unbelievable that somethings don’t change. Even after centuries. I would say rather than laws it is the law enforcers who use laws like cobwebs. It is a little

Hi Folks Of all the Deepavali messages I liked this one “Most difficult cleaning…..let’s attempt this Diwali”. Very aptly titled on this picture which shows cobwebs being cleared out from the mind as part of festival cleaning. We generally focus on cleaning our surroundings, houses, offices, shops, factories, restaurants and even our bodies, treating ourselves

Hi Folks Eat good. Feel good. Let me add…Look good. Looking good is a direct function of both what we eat and how we feel. Body and mind at play which reflects on the face. As they say “You are what you eat”. It is a simple, yet profound statement but so very true –

Hi Folks “Don’t harass the honest. Don’t spare the dishonest.” This is prominently displayed in the Regional Director, Hyderabad’s office (Ministry of Corporate Affairs). Honestly, I wish this is being implemented in reality. As a professional, I agree we are not to criticise the stringent laws being put in place. Rather our responsibility is to

Hi Folks A few weeks back I got a frantic call from one of my friends, Krish. When I didn’t reply, he messaged me “Crisis. Please call back”. Was it a medical emergency ? Was it a financial crisis ? Was it a relationship issue ? Was it a business setback ? The brief but

Hi Folks Wondering if I got the words wrong ? Should it read ‘Déjà vu’? I felt the same when I first heard someone talking at length about ‘Vuja de’. In any case I was glad I learnt a new term – Vuja de meaning “a fresh perspective to a familiar issue, problem, situation, event,

Hi Folks Since times immemorial, stories have been the best form of communication. Even today. Even with fb and whatsapp. The medium is different but stories well told have always worked. Whether grandma’s bedtime stories or stories from our epics or panchatantra or jataka tales or aesop’s fables or from our freedom struggle, stories continue

Hi Folks When I started to write today, I checked what I wrote last time. My God ! I had begun with “A lot can happen over coffee – coffee, conversations & beyond !” Shocking that the Coffee King whose tag line was ‘a lot can happen over coffee’ is no more. Be that as

Hi Folks A lot can happen over coffee – coffee, conversations & beyond ! A lot has happened since the time the first budget of the newly elected Government was presented on 5th July by our dynamic Finance Minister, Ms. Nirmala Sitharaman. It has been read, re-read, analysed, dissected, interpreted, debated, opposed, criticised, appreciated, tweeted,

Hi Folks “The persistent urge to respond to calls and office emails throughout the day, and even on weekends and holidays is causing stress, burnouts and sleeplessness in lakhs of urban working Indians,” writes Member of Parliament, Supriya Sule. “It is our right to lead happy, stress-free lives,” she adds. She has even introduced a

Hi Folks Recently received a beautiful message about Sunflowers. Here it goes…. “Sunflowers turn according to the position of the sun, in other words, they “chase the light.” You might already know this, but there is another fact that you probably do not know! Have you ever wondered what happens on cloudy, rainy days when

Hi Folks “If you hear a voice within you say you cannot paint, then by all means paint and that voice will be silenced” said the maverick painter Vincent Van Gogh. As we grow older, the negative voice within us seems to grow louder, constantly telling us “Don’t do this. You cannot do this. You

Hi Folks Who can forget these evergreen, powerful dialogues from the 1975 Bollywood blockbuster film Deewar ? Vijay (played by Amitabh Bachchan) : “Aaj mere paas paisa hai, bangla hai, gaadi hai, naukar hai, bank balance hai, aur tumare paas kya hai ?” (“Today I have money, bungalow, car, servants & bank balance….and what do

Hi Folks The Year was 2012. Dr. Atreya, promoter of a health-care enterprise which was in the product-POC stage would always barge into our office with a smile on his face and a compact, loaded leather bag in his hand. The bag contained his entire office – all share certificates, meeting notices, minutes, visiting cards,

If you recall, the last issue was about ‘Seed Post’ and it carried a line “……The thought in similar way travels and propagates in our minds.” How true ! It not only propagates but also crystalizes as an outcome. The Warli art in the banner is an outcome of one such small thought seeded in my mind long, long time ago. It is the product

He, he, he I can see all of you craning your necks in painful angles to read what is on the banner. To know what is this ‘Seed Post’. Any guesses ?? Well, here it is…. “Soak this post-card overnight and sow it in soil, water it regulary. After a few weeks the seeds inside the card will start germinating. You will get…

A couple of issues back, I had highlighted about Customer Satisfaction & Customer Delight – good service topped up by simple yet thoughtful gestures. This time I am constrained to highlight about Customer Saga, thanks to mindless processes and lack of understanding of issues by banking…

14th to 28th February, 2019. A singular fortnight. Dastardly & coward attack by terrorists on 40 of our brave-hearts. All of them lose their lives so that we live ours. A measured but swift, targeted retaliation by our armed forces. A strong, confident strike by the Government through brilliant strategic, political, defence

Customer satisfaction is passé. It is customer delight now. Every supplier / service provider tries every trick in the book and even outside the book to ensure that a customer is delighted with his product / service and stays with him. The ‘Thank You’ comes in various avataars and forms and languages including…

I couldn’t have chosen the quote in the banner at a more opportune time than now. Now, when we are besieged with shocking news about brazen conflict of interest, breach of code of conduct and misuse of position by a ‘Corporate czar’ who was a star in most ‘Corporate Governance Award’ ceremonies and had truly worked her way up to

1st issue of the 10th year edition of Samhita in the 1st fortnight of 2019 ! Publishing issue after issue over the decade has surely sharpened my thinking and writing skills as also broadened the expanse and realm of my thoughts. It is a sort of mental-gym work out. Swami Vivekananda (whose 156th birth anniversary was celebrated on 12th January) rightly said…

It is rare that you begin the year and end it doing something you love. For me it was Music. 2018 was very fulfilling in that sense for me. I began the year listening to some soulful music on New Year Day hosted by Nadasurabhi Cultural Association in Koramangala, Bangalore that turned 25 this year. A small voice inside me prompted me to commit a substantial corpus fund towards the music concerts being hosted so beautifully by this organisation over the…..

This fortnight has been quite tumultuous for people in power and position. Somebody in a powerful position stepped down voluntarily (or so it seemed). A few others enjoying power were routed out by the public. In yet another country a person in power is fighting hard to implement an exit decision

“Papillon”, starring Steve McQueen, “The Lion King”, Alistair McLean’s “Puppet on a Chain”, “Cliff Hanger” starring Sylvester Stallone, were some of many of the movies I saw in this Cinema. Aah not to forget “Lost in the Desert” where school children used to get concession to watch this movie. And of course some of the morning shows on Sunday after having hot Dosa and Coffee opposite the cinema hall – the then Ranganath Cafe……

200 is just another number. By itself it doesn’t signify anything. However, try adding ‘years’, ‘times’, ‘runs’, ‘people’ to it. It gains in stature. It reflects maturity. It shows consistency. It stands for tenacity. It embodies support. Of course suffix the humble but

Yesterday one of my good friends who is a highly qualified finance and governance professional with many degrees to his credit including fraud detection, proudly shared his pictures addressing at the ‘Vigilance Awareness Week’ of a well-known PSU.

It is festive time. As we celebrate Navarathri or Dasara, signifying the victory of good over evil, celebrations also have moved over from socialising, dancing, poojas, eating and making merry together as a community to splurging on materialistic things on the Big Billion Day Sales. No more just ‘buy 1 get 2 free’ offers.

A few days back my friend called me with a strange request. He said “I don’t know why this lady feels I can answer her but am sure you can. Can I share your number with her ? Can you please take her call ?” No sooner had I disconnected,

That must be the secret of his longevity. What ? the attitude that “I am a little bird that has broken out of the egg”. The sense of freedom. The sense of breathing fresh air. The sense of joy and breaking out. He didn’t say this. He didn’t ‘appear’ to live a life like this. On the contrary, he is known as a strict disciplinarian whose brilliance and toil earned him Bharat Ratna.

As my alma mater, the Institute of Company Secretaries of India hits half a century (1968 to 2018), I thought it is worthwhile sharing the following 10 commandments with our members and students, both young and not-so-young to be successful in the challenging

As we celebrate the 72nd Independence Day, the aspirations and hopes of our people soar like the ‘bird-machines’ in the sky. After all it is ‘freedom from’ a few things and ‘freedom to’ something. Not for a bit am I influenced by the tall claims of leaders speaking on this occasion.

Last Saturday at the monthly Pink Hope Connect Talk (a voluntary cancer survivors group programme), Dr. Kumaraswamy, a senior oncologist made a dramatic opening on the topic “How to reduce the chances of cancer recurrence ?”

Last week, as I finished a pleasant, satisfying walk along Kukkarahalli kere in Mysore, I found a lot of people heading towards a small dead end road.

Emailer Hi Folks The other day Vetrivel, my servant maid’s son came home with his resume. I was very happy to see a well-dressed, young engineer seeking a job. I have special affection for him since his father who is a mason, built our house 30 years ago. His parents have toiled for years to

Is it intriguing to see a cute, fat, little piggy on our 190th issue banner ? and that too with RBI making some announcements ? To whom, for what, on what ? Hold on. Last time I let out steam and for a valid reason.

Temporary suspension of issuance of allotment of new DINs for Designated Partners/Partners of LLPs is being extended till further notice.

“Mother’s Day” just went by. On 13th May, this year. Celebrated as always on the 2nd Sunday of May. The modern Mother’s day began in the United States, at the initiative of Ann Reeves Jarvis in the early 20th century.

There are so many ‘Days’ nowadays that a normal day with no special significance attached to it seems really special. April 15th was one such for a group of us.

Team SCS&A began this financial year with a short break to recoup, rejuvenate and refresh ourselves. We spent time in a neighbouring city that is known for palaces, museums, bird sanctuary, mother nature

It is the end of the day, end of the week, end of the month and end of the financial year. Some of you may have already headed towards cooler climes to beat the heat, thanks to the extended weekend.

Yet another Women’s Day came and went by on 8th March. This time the theme was “Press for Progress” with focus on ‘collaboration’ & ‘shared responsibility’.

For every issue, selection of the theme and banner picture is the biggest challenge since it has to be something different yet connected to the current.

It is exactly a fortnight since Budget 2018 was presented. Thought it would deliver some big bang reforms.

We are living in times of frugality…………….not of money, materialistic comforts, food or ideas (at least most of us if not the whole world).

As we enter the New Year 2018, LexSpeak is rechristened as “Samhita” meaning “Put together, Connected together, Joined” !!

The first issue of 2017 carried Prof. Vasanthi Srinivasan’s (IIMB) pointers towards What Future Ready Leadership Means

Mother’s Day is far away but this seems to be a Season for Mothers ! While Manushi Chillar, current Miss World 2017 from India paid her tribute to her mother saying “Mother’s job deserves the highest respect and highest salary”

Exactly a week ago, I celebrated Children’s Day after a very, very, very long time. Brought back all my school memories of march past, drill, dances, chocolates, sweets-namkeen, a long lecture in the hot sun by our school Principal and finally ½ day off for ourselves.

This issue is sandwiched between two Dhamakas – Diwali that went by and the DeMo anniversary that is just ahead (8th Nov). Thanks to cracker ban, voluntary No-to-Crackers by many children, GST issues and the long weekend, Diwali was a tad low this time.

The Institution that he belonged to turned 50 recently. He himself had turned 100, 2.5 years back. However he didn’t live to see the Golden Jubilee celebrations of the Institution. In July this year, he bid good bye at a ripe, grand age of 102 years, 5 months. Rarest of rare, isn’t it ?

On 30th January, Martyr's Day, I attended a gathering of senior citizens, some of them really senior who sang beautiful bhajans and patriotic songs in various languages. This was followed by a short discourse by the lead singer of the troupe, an octogenarian Gandhian who enlightened us about Acharya Vinobha Bhave, the spiritual heir of Gandhiji who started the Land

I am told August 19th is designated as World Photography Day. Objective is to “share photographer’s world with the world”. Do we really need a day for this in today’s world where every moment seems to be a photographer’s moment, what with selfies, facebook and instagram playing out our lives in the public.

Yet other major changes to the Companies Act, 2013 !!
Lok Sabha has passed the Companies Amendment Bill, 2016 which aims at ease of doing business, strengthening corporate governance standards and imposing strict action against defaulting companies.

Same Team. Same Services. Same Firm. Same Values. Proud to present it on a fresh, new platform scsarchives.wpengine.com. Do check out and share your feedback. As a professional firm, we are in existence for 10 years now and are thankful to all our clients, employees and associates for the patronage received. We pledge to continue our value-based approach which is the DNA of our every team member.

June is significant for World Environment Day, Water Day, Music Day and so on. But this time it is GST all the way. Nothing can be more transformational than this single biggest Nation-wide Tax Roll-out that is set to impact the chaiwallah (Tea Vendor) on the road to the billionaire business tycoon in private jets. Ironically it required a Chaiwallah to take kadak (strong) decisions and actions to usher in GST and change the flavours of business !

When I started LexSpeak way back in 2009, the intention was to draw your attention to the regulatory updates and as a preamble to share my thoughts on few other issues as well. However over a period of time, my thoughts and observations seem to have become the focus area.

Times are changing – fast and furious. Old Guards are giving way to New Sentinels in new areas. FIPB is out. GSTN is in. FIPB, one of the last relics of the 1991 reforms is finally put to rest. GSTN (Goods and Service Tax Network), the backbone of the yet-to-be-born GST Act is firmly established and active.

I receive bouquets sometimes for my editorial but I deserve to get brickbats too for delaying the release of LexSpeak. One of the reasons for delay is difficulty in choosing an appropriate topic or concept for editorial which is timely, relevant and interesting. So also the banner picture which has never been repeated so far in the last 8 years !

Since the time Modi Government has taken charge, lot of sweeping changes have been introduced. Some have swept people off their feet, some have swept the opposition off their seats and dumped them into oblivion, some have shaken the bureaucracy out of their slumber, some have stirred the imagination of young minds and propelled them into entrepreneurship, some have wiped off several of their ill-gotten wealth,

At an event recently, a senior professional introduced the woman speaker, a True Woman Leader, as below : “She is so Strong that she can be Gentle; She is so Educated that she can be Humble; She is so Fierce that she can be Compassionate;

At a recently held Vision Summit, the keynote speaker referred to how Indians find frugal ways of innovation to solve issues. He gave an example of how his apple iphone died on him suddenly on the day he had to travel overseas and how the authorised apple store wanted a week to resolve the issue. However, much to his surprise and joy, the owner of a small non-descript store in Koramangala, Bangalore fixed it in a few minutes.

Early bird catches the worm” is an old adage. It is so true for very many things. So also for the Union Budget 2017-18 which was advanced by a month and presented on the 1st of February for the very first time. This definitely leaves both the Government and the governed (read individuals and businesses) with clear 2 months to understand the impact of the budget changes and plan accordingly for the ensuing financial year.

If you don’t stand for something, you will fall for anything”, said someone. Today the so-called world leaders stand for something so low and abysmal that they cant fall any further. They already are in the pits and trying to drag the world citizenry into a morass. It is no brainer to guess who this Axis of Evil is. The question is from where is the next Mahatma going to rise from ? will it be a single individual ? a group ? a country ? a community ? the youth ? women ? people with a purpose but with no specific identity ?

Let me begin by wishing you all a happy, prosperous, peaceful & fulfilling New Year 2017 ! It is already the 2nd week of January and am sure the spate of new year wishes has subsided by now. As I look back on what I focussed on during 2016, it seems a myriad of things – right from the incredible way in which the Government of India announced the

Main zindagi ka saath nibhata chala gaya, Har fikr ko dhuein mein udata chala gaya…..” is a popular Mohammed Rafi song from the film Hum Dono. Translated it goes like this “I just kept going with the life, Kept on blowing every worry like smoke..

Demonitisation, long queues, yester-year images of queues for rice-kerosene-sugar-oil, maara-maari in parliament, aakrosh divas, tears of patriotism, rationed cash, restricted gold, fake currencies, cashless ATMs, biased media reporting, naked truth from social media, people’s resilience & hope for better days, better life….

There are so many incredible happenings around us that we forget today is Childrens Day. Let us not forget the child in us. Life will be so much more enjoyable. Am sure all of you will relate to this beautiful message…

Amidst the maze of numbers and texts in sections and legal provisions, we miss out on the beautiful things around us. Hence picked this rangoli – free hand floral design – drawn by my cousin for the just concluded Navarathri festival. A series of rangolis coupled with the colourful chrysanthemums blooming in our office garden was a treat to the senses. Thank God for the festive breaks !

Thanks to several client board meetings and Annual General Meetings scheduled during this month, especially as we are nearing the due date of 30th September, there is little time left to write. Actually little mind-space left. I will keep my dialogue short.It is hard not to notice the frayed tempers – over Cauvery water sharing issue, over dengue deaths and over our soldiers’ sacrifice. The same water that bonded people across the States during the Chennai flood havoc in 2015 is now causing strife and misery.

Taking off from where I left last…….’marks-for-sports’. How is ‘ marks-for-study’ working ? yes, it works but there is a flaw here too. Rather than understanding the concepts and enjoying the learning process, focus is on cramming and gaining marks so that you get into colleges …..again not to study and learn but to enrol for a coaching class or clear some exam ! There is a mad rush to score more and more marks, so much so that even 100% is not enough for some of the country’s so-called elite colleges. Can you believe this rush is more from the parents rather than the children ? The other day I was speaking to my neighbour who is a home-tutor.

To commemorate our 70th Independence Day, we are carrying a new feature “Blast from the Past”, courtesy my classmate and good friend from IIM, Bangalore Mr. Sandeep Singh. He is an author, thinker, speaker and consultant on Business and Management – the Indian way. Blast from the Past contains interesting snippets from our history touching various aspects which is a result of his extensive research.

25th anniversary of LPG – Liberalisation, Privatisation & Globalisation of the Indian economy, July, 1991. 25 years hence, we have witnessed another history being created by way of the Rajya Sabha passing the GST – Goods & Services Tax Bill, heralded as One Nation, One Tax ! From then to now, the nation has changed unrecognisably.

19th July is celebrated as Guru Purnima in India and Nepal. Guru is the One who dispels the darkness of spiritual ignorance in humanity and bestows upon them spiritual experiences and spiritual knowledge. On a more earthy level, we tend to equate Guru with Teacher, Preacher, Master or Mentor. He is none of them. Infact he is much beyond all of them with no exact equivalent in the English language.

Brexit shook the entire world. Next it could be Grexit, Departugal, Italeave, Czechout, Oustria, Finish, Slovakout and Byegium. Only Germain & Turk-In, joked people on a lighter note on this historic event. Rexit news is still raging. Messixit news stunned football fans ! Amidst all this is celebration of “DAYS” !! Dad’s Day, International Yoga Day, World Music Day, Chartered Accountant’s Day & Doctors Day. My pick is World Music Day (21st June)….and a reflection on Music and Management.

Lexspeak started its journey in November, 2009 with an intent to share knowledge with all the stakeholders – employees, associates, professionals, layman, clients, vendors, students. “Tamosama Jyotirgamaya” which in Sanskrit means “May the light of knowledge remove the darkness of ignorance” were the first lines in the very 1st issue.

Out of the long list of updates that we are carrying in this issue, the most impacting one is the Krishi Kalyan Cess (KKC) of 0.5% from 1st June, 2016. The tiny % cess has kicked up a storm already. Well, as it stands, if you got an invoice which is unpaid, you will have to shell out KKC from 1st June onwards though there was no KKC at the time of receiving the invoice. Now, service tax is all of 15% including Swach Bharat Cess and KKC. Have a choice ?

This is what is exactly happening with start ups. The company is incorporated, website is created, technology is developed, people are hired, marketing is done and customers acquired. However no compliance process is put in place. In most cases, no share certificates are issued for long even to the founders. Money is infused into the business from time to time – only the founders do not know whether it is coming in as share capital or loan and from whom.

In the last issue, I vented out my ire against Infosys and MCA for the inefficient functioning of the premier portal of India, being used by all corporates and professionals. This time let me talk of a great human being who could have kept venting out her ire against God and the entire humanity for the state she is in – she is wheel-chair bound and has undergone not less than 36 surgeries in her life so far. Instead of doing that, she has not only stood on her own but is also providing shelter and empowerment to similar specially abled boys through her ‘Mathru Foundation’.

This issue of LexSpeak is pretty long with 14 news updates. Therefore, I will keep my thoughts short and focussed. I can’t help but rant about the functioning or non-functioning of the MCA website which is being managed by Infosys, the so-called torch-bearer of Corporate Governance in India. Since the upgradation from 28th March, www.mca.gov.in, the portal that corporate India uses extensively and is a repository of crores of India Inc data has collapsed. E-forms are constantly being revised or replaced because of ‘technical glitches’ or is it tech goof-ups by the service provider ? Company master data.

Why is our banner focussing on Poetry of all things ? When there is the T20 cricket excitement all around, when there are outrageous power outages, when there is a shakeup in the global economy, when the NPAs are ballooning to burst, when several startups are failing to raise further rounds of funding leading to lay-offs and exits in panic mode, when true leadership or the lack of it is coming to fore in such times of crisis …..lets get closer to what it means to you and me, when 31st March signifies stock takes, cash closing, closing of a financial year and transitioning to a new one and most importantly the D-Day to exhibit our citizenry by paying our taxes right today, whether our customer pays us or not ! Why Poetry ?

Budget 2016-17 was presented on the 29th Feb, 2016. Enough and more has been said about it. It has been analysed, dissected, discussed, torn apart, appreciated and some provisions even withdrawn. Is it done and dusted ? Not yet, because the implications are ongoing. Infact some of the provisions are to take effect only in April, some in June and some when the Finance Bill gets passed. We have carried the highlights for a quick read.

With the much awaited Budget round the corner, I know none of you will be interested in anything but taxes – especially if the income tax rates are down or tax slabs are up or new exemptions are created. I am not privy to any such scoops and so nothing much to expect other than wait for 29th Feb for the Finance Minister to present the Union Budget 2016-17. But yes, before the budget fever catches on and you are flooded with budget snippets, figures, statistics, analysis, interpretations et al, the most important announcement that has caught the attention of entrepreneurs is the definition of a ‘STARTUP’.Is it a different animal ?

When we were looking for an appropriate theme for the banner 4 dates popped up – World Cancer Day on 4th Feb, Abraham Lincoln’s birth anniversary on 12th, Valentine’s Day on 14th and Youtube founding day on 15th Feb. Each date signifies entirely different events but all converge on hope, courage, life and creation. What Lincoln said centuries ago about predicting future by creating it is what exactly Youtube creators did in 2005.Today not only is Youtube accessed and used by millions but it has also created a new career option-Youtuber.

Last time I had written “Different doors need to be opened. Simply widening the existing doorway will not do !“ This was with reference to the liberalisation for Start Ups. A fortnight later, on reviewing the Start Up Action Plan and watching the Startup India, Standup India programme on 16th Jan, 2016, I can say to a large extent different doors are being opened.

I was just reading what I wrote exactly a year ago. It is indeed a Sankranthi time (harvest) for entrepreneurs. 2015 saw not only many Indian start ups, a tsunami of investments, a couple of unicorns (billion dollar companies) but also many also-rans, many more that fell on the wayside including laid-off employees and dissatisfied customers. However all this has not dampened the quintessential entrepreneurial spirit. Each day there are more and more enterprises taking shape. There is lot of expectation from the Start Up India, Stand Up India initiative of the Government of India to be launched on 16th January, 2016 by PM Narendra Modi. He is expected to announce the action plan of the government to promote start ups. It is expected that life will be simpler for start ups with innovative business ideas – lesser compliances, less regulatory intervention, tax exemptions perhaps and faster turnaround time. I am as eager to know as any entrepreneur is.

In a yesteryear Bollywood hit, the hero crooned to the heroine “yeh uthe subah chale, yeh jhuke shaam dhale” romanticising the lifting up and down of her beautiful eyes to the breaking of dawn and setting of dusk… reminds me of 2015 which seemed to have gone by in the batting of an eyelid !!

Highlight of this 6th anniversary issue of Lexspeak is no doubt news about the FDI reforms announced by the Government of India last week. Detailed Press Note is enclosed which gives sector-wise relaxation and changes that is bound to unshackle the economy and also bring in many new players in various sectors. Government of Karnataka has announced a Start-up Policy for 5 years upto 2020 and is the first State in the country to do so.

The bewildered common man peering out of the bare frame is all too familiar though its creator R K Laxman is no longer with us. A number of events or celebrations around this time – Dussehra, Deepavali, Halloween, Sardar Vallabhai Patel´s birth anniversary, Kannada Rajyotsava etc. not to mention the festival dhamakas of the e-comm giants and the off-line ‘have beens’. What to pick and what not to for our lexspeak banner always bewilders us.

Sometime back I had wondered if there was a lull to be followed by a storm. Looks like it. I am referring to the annual filing season for Company Secretaries. The Ministry had more than 1 year to design and come up with e-form for filing the audited financial statements. For reasons best known to them, form AOC4 and form MGT7 were released late last month and the entire Corporate Inc has just 1 month to understand the form, fill the data, attach scanned documents and upload on the MCA portal by end October.

The last 3 weeks were marked with several celebrations or ‘Days’ as they are called. 5th September was ‘Teachers Day’ commemorating our former President, Dr. Radhakrishnan’s birthday. 8th September was World Literacy Day and 15th September was Engineers Day in the memory of Sir M Vishweshwariah, the doyen of Indian Engineering. 17th was celebrated as Ganesh Chathurthi, the Lord of Learning ……

“Don’t wait for someone to bring you flowers. Plant your own garden and decorate your own soul.”
This is what we have done at office. The flowers you see in the banner are not photographs from the Independence Day Flower Show in Lalbagh or downloaded from Google. Yes, they are real flowers grown in our terrace garden overlooking the office.

This is an autographed message our beloved late, former President of India, Hon’ble Dr. APJ Abdul Kalam shared with us when he delivered a talk at the IIM, Bangalore campus as part of the Alumni Leadership Talk series, way back in June, 2008. I was fortunate to be part of the organising committee of this memorable event and also propose a vote of thanks to this cheerful, energetic, inquisitive and lovable first citizen of our country.

Not doing anything. Just lost in thoughts. Dreaming. Gazing. Imagining. Wondering… … all these activities seem to suggest that a person is not productive. Not working. Not utilising his time well. Not efficient. Infact it has become a luxury to be able to NOT DO ANYTHING AND JUST DREAM. Just laze around. In this millennium of constant activity, 24 hours connectivity, 360 degree feedback, end to end information, back to back communication where is the time for a worthless thing like not being connected,

At a recently held conference of Company Secretaries, two eminent speakers on the dias, one an industry veteran and the other a seasoned bureaucrat cried hoarse that India is over-regulated. Both of them expressed concern that in the name of governance we are moving from ‘licence raj’ to ‘regulation raj’. So much so that wannabe entrepreneurs who are aplenty nowadays are shifting base to outside India albeit serving customers here.

The saga of MCA notifications continues unabated…………….just as we sat back carrying the 1st Amendment Act to the 2013 Companies Act, exemptions to private limited companies, not-for-profit companies and government companies have been issued relaxing several provisions that were hindering smooth business. It is yet to be gazetted to become effective. We can expect more to follow what with the clamour for roll back / exemptions / exceptions / complete overhaul of the Companies Act,

My last editorial said service tax is still 12.36% until the date for the new rate of 14% is announced. Little did I know that the very same day (19.06.15) the notification for the increased rate had been issued. Such is the number and frequency of regulatory changes that the news becomes obsolete by the day if not by the hour. The spate of announcements by the various ministries and statutory bodies over the last one month can only be matched by the incessant rains in Bangalore.

This is the board exam results month. In India the entire family gets involved in a child’s exam preparation and the results. Sometimes it is anxiety while more often than not it is encouragement… .moral support and the assurance that ‘we are there’.

“Wat’s in a name? that which we call a rose by any other name would smell as sweet”….So said the Bard of Avon but the Babus (Government Officials) at MCA think otherwise ! …………our July, 2011 issue carried this in the light of new name availability guidelines issued by the Government then. Now it is all about numbers.

Save-the-internet campaign, IPL ecstasy, our PM’s Vijay Yatra (victory trip) to Germany & Canada, mind-boggling stipends to interns by talent-hungry start-ups, who has gobbled whom in the mad corporate race to numero uno position, the irony of the unseasonal rains killing the crops and clogging our roads – all these and more hogged the limelight this fortnight, amongst other important happenings.

The banner for this 125th issue of Lexspeak was chosen quite some time back…much before Saina was crowned Badminton No.1, long before the men in blue went down to the men in yellow, much before the AAP disintegrated and some crazy pilot took the young lives of others because he was depressed. Anything is possible, you see ! Of course I didn’t tell you why we chose this ‘Anything is possible’ caption. Well, read on and you will know…

Every Feb 28th, the Finance Minister of India has a date with its countrymen. So was it this year also. The first full-fledged budget of the NDA Government was presented with a flavor of ‘Make in India’, ‘Ease of Doing Business’, ‘Digital India’, ‘Getting ready for GST’ and many more. The date as expected had mixed reactions.

I think the new-age entrepreneurs are living every bit of Premji’s advice. While people may laugh at some of their audacious goals, they are laughing their way to the bank, given the eye-popping valuations. Nobody is complaining as long as the economy is fuelled with growth.

There are a number of things that hogged the limelight this 2nd fortnight of January, 2015 – Resplendent Republic Day celebrations, the ‘so-called’ camaraderie between the Heads of States of the world’s oldest democracy and the world’s largest democracy, the media going tizzy about their every single movement and gesture, strategic announcements that followed, mannki baat – a rare radio chat show between the two leaders

Companies engaged in the production of goods and services including Foreign Companies under Sec. 2(48) of CA 2013 having overall turnover from their products and services of Rs. 35 crore or more shall be required to maintain cost records.

The Uber rape issue may seem a stray, unfortunate incident in the calendar of events that has hogged the limelight during 2014. This is not to take away the seriousness of what happened, rather what should not have happened at all.

Is it enough if laws are simplified or reduced to ease doing of business ? What about clarity and availability of competent people to explain them ?

It is a good time to recall what Neil Armstrong said when he landed on the moon “That’s one small step for (a) man, one giant leap for mankind.” For us at Lexspeak, we cannot claim any significant achievement as landing somewhere but yes, when we started 5 years back, it was a small effort but today, crossing the 5 year landmark with 118 issues, fortnight after fortnight,without a break is no mean effort.

One of my ex-colleagues had once narrated to me a small anecdote revolving around happiness of children. He had accompanied his boss (an expatriate) and his boss’s boss (again an expatriate) for some project site visit in central India.

October is significant for many reasons – 1st week for the ‘Joy of Giving Week’, 31st for ‘National Unity Day’ in commemoration of the Iron Man of India, Sardar Vallababhai Patel and the entire month for Breast Cancer Awareness.

Recently an associate of mine and I were listing down the number of registrations, permissions and licences a manufacturing unit has to obtain while setting up business in India.

“Make-in-India, Mangalyaan, Madison Square, Modi” – the M word seems to be the flavor this festive season. But the Moment of Truth will arrive when the ambitious announcements made by the PM actually become a ground reality.

Shakespeare may have stated that it is in ourselves to hold our destiny but you think the victims of the unprecedented floods in J&K will agree to this ? Was it possible for them to prevent this calamity ? Was it possible to see it coming ? Was it possible to safeguard themselves from this?

Let me begin this issue seeking the blessings of the Elephant-headed God Ganesha who will be welcomed home tomorrow with joy and gaiety. He is worshipped before we commence any new task so that there are no obstacles in the way.

It is all about perception. Whether you see a beautiful flower against a thorny fence or a thorny fence with a flower resting on it is all one’s perception. Whether we perceive our country to be dirty, large, corrupt, over-populated, loud, poor, unhealthy, or diverse, colourful, young, inclusive, challenging, warm, open-hearted is how we look at it.

It is raining, it is pouring… … … … really ? At least, the drenched, dripping white petals say so.Alas, the reality is starkly different.

Brazilian fans were numbed with their team’s colossal 1-7 loss to Germany at FIFA, 2014. At times, we professionals are no better than football, kicked around by not just 2 teams but several Departments & Ministries hurling heaps of notifications, amendments, clarifications, circulars etc. at us.

The spate at which MCA has begun issuing clarifications, Lexspeak may as well be called ‘MCAspeak’ ! This issue is testimony to that.

After IPL, it is football ‘night fever’ that is adding to the rising temperatures. Another reason could be that we as citizens of the Earth are not conserving water enough. While water is the beginning and end of life, we are taking it for granted, assuming it is a perennial source that will not just dry up. Over 75% of Earth is covered with water but how much of it is potable and supports life ?

Elections and Cricket have gripped the nation over the last couple of months. If BJP and NaMo have emerged victors routing everyone else that came in their way, we need to wait and watch which IPL team will be crowned King on 1st June as the ‘sportainment’ comes to an end.

Nothing can be bigger or more important than the world’s largest election results today. Everything will be dwarfed and muted. It would be futile to attempt catching anyone’s attention with anything else on this landmark day.

I may seem obsessed with the Companies Act, 2013 but I cannot be blamed, what with every passing day increasing the anxiety about what will be left for Company Secretary’s profession and what new restrictions will come up for business transactions.

In the last issue, we welcomed the King of corporate legislations, the new Companies Act, 2013 but little did we know that the established democratic and consultative process of engaging with the various stakeholders was not followed in its introduction.

“The King is dead, long live the King!” Why this traditional, monarchial phrase when the election fever has gripped this democratic nation?

After scoring a century, a batsmen heaves a sigh of relief as well as raises his bat in jubilation and acknowledgement to the crowd. He knows that the crowd maange more!

100 issues of Lexspeak, fortnight after fortnight over the last 51 months is a milestone in our journey. It has helped us reaffirm that it is not the end but just another benchmark for us to breach. It has helped us reaffirm that it pays, sharing knowledge consistently, with or without tangible results.

On 30th January, Martyr’s Day, I attended a gathering of senior citizens, some of them really senior who sang beautiful bhajans and patriotic songs in various languages. This was followed by a short discourse by the lead singer of the troupe, an octogenarian Gandhian who enlightened us about Acharya Vinobha Bhave, the spiritual heir of Gandhiji who started the Land Reform Movement in 1951 called ‘Bhoodan’. He travelled by foot across the country asking rich landlords to gift land to the poor peasants.

“The strongest oak of the forest is not the one that is protected from the storm and hidden from the Sun. It’s the one that stands in the open where it is compelled to struggle for its existence against the winds and rains and the scorching Sun.” I read these lines against a beautiful backdrop in a cancer hospital recently. It is so very true. You can be a ‘victim’ of cancer or a ‘victor’ of cancer – it is all in the mind, the attitude and approach. Mind power is most important to overcome any crisis in life, however big or small.

“Children must be taught HOW TO THINK, not WHAT TO THINK” – Margaret Mead. Unfortunately the schooling system in our country is woefully inadequate on several fronts. Not only does it discourage thinking it also punishes children who are inquisitive and challenge the teacher. Thanks to the marks / grade based assessment, it encourages students to resort to rote learning and vomit the same without understanding the concepts.

A couple of days back, I met a senior citizen walking in to an Ayurvedic therapy centre for a body massage. Nothing unusual ? An older body needs it the most ? You will be surprised to know that he was a grand old man, not just a senior citizen. He walked erect with no support, was well attired, did not have dentures or spectacles. He even refused help to cross the road. He threw a challenge at me to guess his age.

“When a man has put a limit on what he will do, he has put a limit on what he can do.” – Charles M Schwab.
We talk of political freedom, religious freedom, economic freedom, gender freedom, freedom from corruption, freedom from discrimination, freedom ‘from’ and freedom ‘to’ many things.But have we ever thought what are we doing with the freedom that we already have ? We are curbing it many a times, because we are imprisoned in our own limitations, perceptions, narrow understandings and shallow thoughts of boundaries, boxes, circles

Our first woman Prime Minister, Indira Gandhi’s birthday was celebrated on 19th November. The same day the first BharathiyaMahila Bank was inaugurated. Ironically the same day we had shocking videos of the attack on a woman bank employee in an ATM counter in Bangalore. As if this wasn’t enough, during the entire month, we have been horrified by the news of sexual harassment of women by men in places of power and position across judiciary, media and politics.

“Believe. Become.” is the tagline of a cricket gear, clothing & accessories company (SG) in India that caught my attention. My cricket-enthusiast son had proudly displayed it on his Whatsapp. With Sachin’s life and times being all over the place on social media as well as print and television, I couldn’t help but reflect on whether he ‘became’ what he is only because he ‘believed’ or was there something else in between.

The journey may be long, destination unknown and the darkness unfathomable. But light shines. Hope beckons. Not necessarily at the end of the proverbial tunnel. All along the way, there will be flickers to notice, to guide us, to illuminate our path. It is for us to slow down and receive the light, the revelation that is in store for us so that our lives may be enriched.

Life is full of ups and downs – much like our Bangalore roads made interesting or worse (as you see it) with unexpected one-ways, traffic clogged intersections, fly-overs with signals, abrupt dead-ends, blockades due to some social or political events, broad crosses and narrow mains, unwanted humps et al. This is so true of so many other Indian cities as well.

‘Kar Lo Duniya mutthi mein’ (get the world in your fist) was a slogan coined by a leading Indian Telecom company in the last decade when they launched mobile services and vowed to empower every Indian with connectivity. From ‘around the world in 80 days’ to anywhere in the world in less than 80 seconds, technology has brought the world to our fingertips.

“It is a mark of an educated mind to be able to entertain a thought without accepting it.” said Aristotle. What sort of a mind is it that neither accepts nor rejects a thought? For that matter, is there a thought at all in some minds? The minds that thoughtlessly take refuge in God GOOGLE when besought with a question and reproduce are surely not educated minds. Education is not merely being able to read, access information from publicly available resource.

On the occasion of World Photography Day (19th August, 2013), it seems rather unusual that we have chosen to communicate through ‘words’ rather than ‘pictures’. A picture speaks a 1000 words. Well, words are no less powerful as the pictures above reveal. Reflect as you read the few news items we have compiled this fortnight.

Undoubtedly the passing of the long standing Companies Bill, 2012 by the Rajya Sabha on the 8th of August, 2013 is the most prominent news for both the professionals as well as the corporates, hailed as it is as a panacea for many of the ills plaguing the corporate world ??!! Whether it is or it isn’t, it surely calls for a lot of unlearning and learning for many of us along with wide opportunities.

The green signal for formation of a separate Telangana State from the existing Andhra Pradesh is no doubt THE NEWS, apart from the sundry other political and business announcements which clamour for our attention. Amidst all this, do spare a thought for Friendship Day (1st Sunday of August) – to celebrate that priceless relationship that each one of us enjoys. It is not about saying good things or gifting something for someone you care.

Gone are the days when opening a bank account was easy. All that you had to do was to submit a simple, hand-filled form to the Manager of your neighborhood bank with 2 existing account holders signing to confirm that ‘you’ are ‘YOU’. Thanks to technology, bank websites now scream that it is even simpler – just click a button and the Relationship Manager will be there at your doorstep like a genie to complete the seemingly simple but elaborate

In the present fast paced world, where we talk of burn outs and exhaustion leading to frequent job-hopping and pre-mature retirements in the quest for the ‘missing family-work life balance’, it was interesting to read about Dr. S Padmavati, India’s first woman heart specialist who at the ripe age of 96 is perhaps the oldest practicing doctor too ! There seems to be no slowing-down or shifting gears for the Padma Vibhushan awardee who works for 12 hours a day, 5 days a week.

Leaders are of several hues and come in an array of shapes and sizes, ideas and imaginations, attitudes and aptitudes, inspirations and innovations, aspirations and actions, competencies and conflicts, expectations and eccentricities……. They could be a servant leader, an authoritative leader, an influential leader, an inspiring leader, a born leader, a made leader or the reluctant leader.

Cancer we all know, strikes human beings and more often than not is in a ‘stealth mode’ until discovered. Invariably, even after discovery the affected person battles for long – sometimes with the disease and sometimes with the after-effects of the deadly, painful treatments. The approach is to sever the affected part, hoping that the almost invincible disease does not spread its tentacles elsewhere. If it is a human body, perhaps this ‘severing’ works or even a preventive transplant of the ‘Jolie’ kind. But does this work if the afflicted is a society at large ?

The tender coconut in the picture looks refreshing and inviting, promising to be a reprieve in this oppressive summer weather. The coconut vendor didn’t aggressively market her stock to my friend a couple of weeks back. She didn’t claim any special quality nor offer lower price nor entice him with a ‘buy 1 get 2 free’ offer. Not even a warranty replacement against a claim. What this simple, uneducated woman did was beyond that, a lesson in customer service and business ethics. Is the suspense increasing ?

Wondering what this non-descript, octogenarian woman is doing on the banner of the 80th issue of a corporate newsletter? Don’t be fooled by her rustic looks. She has been lauded globally as a green-champion thanks to her tree-planting mission. While some of us rave and rant about the lack of something or the other,Thimmakka didn’t lament on her barrenness.

Last week saw New Year being celebrated on different dates, under various names in different parts of India, depending on whether the traditional solar or lunar calendar was followed. The oneness in diversity is best reflected in the kaleidoscope of festivals that is India!!

Colour, colour which colour do you see? back then, this was a favourite game that we played as children, guessing with eyes blindfolded. Can we afford to do that today even with eyes open ? Nothing seems to be as it appears to the bare eyes – there are always shades to people, events, organisations and even countries.

Union Budget 2013-14 is already a week old – decoded, demystified and debated right from Saint Thiruvalluvar’s quote in the opening remarks to Swami Vivekananda’s message in the closing (of the FM’s speech) – of course with nothing saintly in between.

“There’s never time to do it right, but there’s always time to do it over.” – Murphy’s Law

In India, January marks 2 important dates – 26th, celebrated as Republic Day when we adopted the Constitution of India and 30th, observed as Martyrs Day when Mahatma Gandhi was assassinated. .

“We are responsible for what we are; and whatever we wish ourselves to be, we have the power to make ourselves.” – Swami Vivekananda.”.

At times, the words “If” and “But” carry a negative connotation indicating doubt, skepticism, lack of confidence, finding an excuse etc. like in “if only I had this”, “if I could say it”; “but for this”, “I can take it up, but….”.

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

“Books are infinite in number and time is short; therefore the secret of knowledge is to take what is essential” said Swami Vivekananda.

As we cross the 70th issue mark, it is time to recall the premise on which we began the journey together 3 years back.

India is a land of several ‘Cs’ – contradictions, complexities, comparisons, creativity, chaos, corruption , the last of which is being talked about far too much than the others of late.

If the economy at the stratospheric level is fogged by thick layers of abused power, corruption and mis-governance, at ground zero it ain&339;t better, thanks to the ill – prepared and indecisive regulators.

“Strength does not come from physical capacity. It comes from an indomitable will.” 2 of our national leaders epitomize this adage – M K Gandhi and Lal Bahadur Shastri, both of whom share their birthdays on 2nd October.

Derived from the Latin “agito” or “I move”, the symbol of the Paralympic Games is composed of three ‘agitos’ coloured red, blue and green encircling a single point on a white background. ‘Spirit in Motion’ is the motto of the recently concluded games in London, 2012.

Inaugurating the 2nd Corporate Governance Week programme at Bangalore on 27th August, former Chief Justice of India, Padmavibhushan Sri M N Venkatachaliah said India is going through a transformation and the series of corruption cases are rising like the scum. Hope there is clear water underneath (notwithstanding the decreasing potable water levels !).

As a nation, we celebrated 65 years of Independence on 15th August, 2012. From patriotic euphoria in the initial years to socialistic curbs in the ’70s and ’80s to the welcome reforms in the ’90s to the current despondency stemming from the widening gap between plentitude and penury – India and her people have seen it all.

“Citius, Altius, Fortius” is latin for “Faster, Higher, Stronger”, which is the Olympic motto coined by Baron Pierre de Coubertin, the founder of Modern Olympics way back in 1896.

“Integrity is doing the right thing even if nobody is watching “. Whether the world is watching, regulators are watching, shareholders are watching, customers are watching, employees are watching, competitors are watching, media is watching or not – it is not about who is watching. The moot question is ARE YOU WATCHING YOURSELF ? IS YOUR CONSCIENCE WATCHING YOU ??

Footprints on the sands of time or imprints in the minds of the readers…..,the Lexspeak journey continues as we reaffirm to deliver authentic, reliable and practical information, consistently !

This must be the policy of the Indian Government – allow the coalition partners to rein in blows, allow the economy to slip, allow inflation to zoom, allow markets to dampen, allow everyone but the leader to speak, follow the 3 monkeys-principle – NO SEE, NO HEAR, NO SPEAK !!! In short do everything to let the opportunities ebb away ………

After ‘Mother’s Day’, it is ‘Mother Earth Day’ i.e World Environment Day on 5th June, 2012. What kind of an environment are we all living in today ? Have we thrown so much around us recklessly that are we living in a world with ‘no future to throw away’ ?

Whether a mother is a verb, noun, adjective or whatever; whether she is an archer or an air traffic controller; she is a leader no doubt.Being a mother is more of possessing certain traits than belonging to a gender. Mother s compassion is unbound and all encompassing and not limited to a particular day in a year like Mother s Day that just went by While you reflect on the above, do take time to keep yourself abreast of what changes the various Ministries have effected through Circulars and Notifications covering Service Tax, FEMA, Customs, Company Law etc.

‘Akshaya Tritiya’ was celebrated on 24th April, 2012 in many parts of the country under various names. Akshaya meaning ‘undiminishing’, ‘inexhaustible’, the day signifies abundance, plentitude, bountiful, growth and prosperity. While popular belief fuelled by commercial gimmicks increases purchase of gold on this day, if you want that proverbial ‘pot of gold’, go dig it yourself. Remember you are the architect of your life. Some people always throw stones in your path. It depends on you what you make with them, Wall or Bridge?

YES, Mother Earth is a common wealth all of us enjoy. It is our prime duty to protect and conserve her and not ravage her for “We do not inherit the earth from our ancestors, we borrow it from our children”. Mind you, borrowings beyond acceptable limits shall sound the death knell for mankind ! It may be fashionable to observe Earth Hour or Earth Day but what is required is ‘sustainable living’ – a way of life and not an ‘hour’ or ‘day’ !

The Hon’ble Finance Minister of India, Mr. Pranab Mukherjee presenting the Union Budget 2012-13 quoted from Shakespeare’s Hamlet – “I must be cruel only to be kind”. However time and the endless notifications that have been issued and will eventually unfold during the year will tell the truth. But as of now the myriad changes in the direct and indirect taxes, some prospective and some retrospective / retroactive sure seem to be “the unkindest cut of all “

Last week saw the celebration of International Women’s Day on March 8th. Role of women today than ever before is being celebrated and encouraged all the more across society, across geographies, across economies. The world is perceiving the benefits in gender diversity and rightly so. Incidentally this issue of Lexspeak is an ‘all-woman production’ including the guest article on Chart of Accounts, in our Entrepreneur’s World series. As Diane Mariechild said “A woman is the full circle. Within her is the power to create, nurture and transform” and she does it all the time. What better example than our ‘Mother Earth’ ! This issue is a ‘light-read’ while the next one promises to be a loaded one with the Union Budget round the corner.

“For every minute spent in organizing, an hour is earned”. Just imagine what this would translate to if we set aside the entire day of 29th Feb (leap year day) for planning and organizing – 1440 hours extra. This would undoubtedly help us in “doing things right” and avoid “doing it over”. Instead of cribbing and cringing that “we are busy”, “we do not have time”, “don’t know how time flies” or “if only we had more hours in a day’, isn”t it worthwhile to make the best of what we have by staying better informed, better organized and better planned?

Last month witnessed 5 important days 1st January as New Year s Day, 12th as National Youth Day (Vivekananda), 15th as Sankranthi (harvest festival), 26th as Indian Republic Day and 30th as Martyrs Day (Gandhiji). This fortnight saw Valentine s Day celebrations across India and abroad on the 14th. With increasing spending on such special days our economy is definitely not complaining, though economists keep analyzing and predicting declining growth rates.

12th January was celebrated as National Youth Day to commemorate the 150th Birth Anniversary of Swami Vivekananda. He is known for his inspirational talks and writings that are relevant even today, having transcended the realms of time. To quote “We are what our thoughts have made us; so take care about what you think. Words are secondary. Thoughts live; they travel far.” Need we say more ?

Winston Churchill said “Kites rise highest against the wind – not with it “. Opposition and stiff conditions bring the best out of us. So very true. Despite the daunting economic conditions and confusing market signals from different quarters, it is heartening to see people not giving up, not succumbing to the doomsday predictions. Hope is the quintessential fuel for life ‘s engine.

We are at the threshold of 2011…..looking back even as we look ahead into 2012. For a change, let us not focus on inflation, protests, figures, economy, corruption, governance, taxes et al.

The dice are rolled out. Numbers are clear. Or so it seems. With each passing day it is evident that we are no more insulated from the global morass other countries are in. Export figures are wrong (‘entry errors&339; as per bureaucrats)’ manufacturing output has slumped, rupee has tumbled, GDP is way below projections, borrowing rates are shooting up, inflation is high, economic reforms are on the ‘1 step forward 2 steps backwards’ mode even as citizenry activity is on the rise.

As Lexspeak turns 2 this November, we are infected with a different kind of energy. Energy that comes from entrepreneurs, from start ups, from business owners who could be freshly minted college graduates sporting a stubble or fairly seasoned corporate professionals beginning a new innings. It is time Bangalore, the Silicon Valley of India is rechristened as Entrepreneurial Valley of India.

If we want children to make history we must allow them to live today as children. Appreciate them for what they are, who they are and encourage them to become what they want to. In the mad rush for “catching them young “, are we depriving them of their freedom to enjoy, freedom to relax, freedom to be inquisitive, freedom to learn at their own pace, freedom from the burden of “onerous expectations “?

This Diwali fortnight has ended with lot of “fire works “, each of a different kind bound to cast its “shadows ” or fling its light far and wide – fall from grace of an Indian corporate czar who had an incredible meteoric rise only to be trapped in an insider-trading case ? or the first ever Indian Grand Prix that has helped India vroom into the top racing circuits ? or the world’s 7th billion baby likely to be born in India?

“apples ” that changed the world ? Adam & Eve?s, Newton?s, Steve Jobs? !! Each of them has been a “revelation ” and a “revolution ” that has transformed mankind in inexplicable ways. So truly reflecting what someone said “An invention has to make sense in the world it finishes in, not in the world it started “. This calls for extraordinary courage to break the clutter, redefine boundaries, push the envelope, look beyond and “find ” ? not just seek !

“Economy is too late when you are at the bottom of your purse. ” You don’t need to be a wise man to know this. Our purse seems to ‘bare’ it all what with the shooting inflation and falling rupee. It is the best and most reliable barometer of the economy. There is so much news about recession, gloom, austerity measures, job cuts, deficit etc. etc., that we consciously chose a bright ochre coloured procession of the kings of yore heading eastwards,as if to reflect the current
shift from the western economies. The streak of rainbow does carry hope for all of us, even as we celebrate the 10 day long Dussehra festival in India. This issue carries some important changes announced by RBI with respect to External Commercial Borrowings by corporates in keeping with the need of the hour.

Wondering what the numbers are doing on our banner this time ? We as a firm do not take care of accounting or tax matters per se but September is all about number crunching for most corporates. 15th is the due date for advance tax while 30th is the date for filing Corporate Tax returns. Other dates are highlighted in our statutory compliance calendar. It is a reminder for all of us to be tax-compliant corporate citizens.

Festivals always bring cheer and bonhomie not only for families but also the economy. They drive the economy with a splurge in spending and fortunately in India there is no dearth of festivals, given the multi-cultural and multi-religious society that it is made up of. This week will see celebrations on account of Eid, Ganesha Chathurthi and St. Mary’s Feast. Rains or Recession do not seem to dampen the festive spirit. It continues into the next week with ‘Teachers Day’ on the 5 th of September.

Lex Valorem was born 1/2 a decade ago. As we complete our 5th year, we recall with pride and humility the significant role several of you have played during these formative years – as clients, as vendors, as business associates, as mentors, as employees and as well wishers.

Someone said ~ The drop of rain maketh a hole in the stone, not by violence, but by oft falling. It seems to be true with our most active regulator Ministry of Corporate Affairs often issuing edicts on corporate governance, green initiatives, e-meetings, business language reporting etc. as businesses move towards self-regulation and voluntary disclosures.

“What s in a name? that which we call a rose by any other name would smell as sweet”…. So said the Bard of Avon but the Babus (Government Officials) at MCA think otherwise ! So do entrepreneurs who want a unique name for their ventures – one that is catchy, unique, professional and can be branded well.

“Do you know why a Car s Windshield is so large & the Rearview Mirror so small ? Because your PAST is not as important as your FUTURE. Look Ahead and Move on.”

Someone said ~ The drop of rain maketh a hole in the stone, not by violence, but by oft falling. It seems to be true with our most active regulator Ministry of Corporate Affairs often issuing edicts on corporate governance, green initiatives, e-meetings, business language reporting etc. as businesses move towards self-regulation and voluntary disclosures.

Whether technology owes an apology to ecology or not, we owe our thanks to Ministry of Corporate Affaris (MCA). Pending passing of the Companies Amendment Bill, the apex body regulating Corporate Affairs in the country has showered a series of circulars / notifications as part of its green initiative. The most significant one being, on holding Board and Shareholder meetings via video-conferencing subject to certain conditions.

RBI and MCA seem to be in a neck-to-neck race in constantly issuing notifications/ circulars/ regulations all with an objective of simplifying/ liberalizing the existing regulatory scenario in the country. This issue of Lexspeak carries most of them that have been issued during the fortnight.

May Day (1st May) known as Labour Day . It is only natural that I place on record my sincere thanks to and appreciation of my team which has labored diligently to bring to you this newsletter every fortnight since 2009. When sometime back we were faced with a “do-it-by-yourself” situation, they rose to the occasion and learnt the technical aspect of publication too to ensure that even with minimal external help, the initiative continues.

This fortnight was witness to 2 New Years (4th & 14th April, 2011) celebrated in many parts of India, signalling the onset of spring with the cuckoo singing, mangoes ripening and freshly blossomed flowers setting the trees ablaze in a riot of colours. The fortnight also witnessed a blaze of a new kind, a new daring beginning to the voice of the people – Anna Hazare s famous fast against cancerous corruption wtih the entire nation rallying behind him.

It is 2011 and Corporate India is still awaiting passing of the Companies Bill, 2009 !!!!!! A few changes seem to be trickling in thanks to a deluge of Circulars and Notifications issued by MCA to promote e – filing, e – payment, delegation of powers etc. It even holds promise to incorporate Companies the Singapore way – one day approval.

The much awaited Union Budget 2011-12 was presented on 28th February, 2011 even as an exhilarated India woke up after a nail-biting Cricket match at Bangalore against the English on the 27th. The Budget was no match for the excitement that the game created. With most changes likely to come in through the Direct Taxes Code and Goods & Service Tax next year, the Budget did not make any drastic announcements.

Last editorial emphasized the need for a thorough due diligence before undertaking any transaction. This is true even for a seemingly simple task of opening a bank account, given the plethora of banks that have mushroomed today. We have heard of KYC by banks in respect of customers but why not KYB (know your bank)? It is advisable to know your bank, its service-levels, processes and most importantly the people manning the bank if you want a hassle-free banking experience.

26th January, 2011 – India celebrated its 61st anniversary of becoming a Sovereign, Socialist, Secular, Democratic Republic that promised Justice, Liberty, Equality, and Fraternity to all its citizens, as enshrined in its Constitution. This was a historic move after we unshackled ourselves from the Empire.

This issue carries 3 interesting articles on 3 different topics – Taxation of LLPs, Title scrutiny & AP Microfinance Ordinance. Each of this represents knowledge sharing in different ways – first by listening to experts speak and sharing the insights, second by doing and sharing the learnings and third by introspection and analysis. Hope these will catch your attention in the melee of New Year & Sankranti greetings.

We are at the threshold of a decade gone by – looking back to see what was good and what could have been better but more importantly on our toes, peeping into the 1st year of the 2nd decade of the millennium, determined to unlearn, relearn and learn anew. Don t panick, we shall not chronicle the events of the decade nor of the year that will draw to a close today – it is better left to the media and the fourth estate to rev up the good, bad and ugly and stoke the cinders of nostalgia in each of us.

We may sound cynical but how ironical that certain set of people are literally plundering today for the gift as if there was no tomorrow. The reference is obviously to all the so-called newsmakers being reported day in and day out by our media who are grabbing our attention for all the wrong reasons. It is Christmas time – a time of festivities and festoons that is symbolic of giving and sharing.

With this 24th issue, Lexspeak turns ONE !! As we step into our 2nd year, we pledge to continue, to change and to grow even while retaining the basic essence of this newsletter which is knowledge sharing. The measure of our success is the value we add to you.

Wondering what the little ones are doing on our banner. Children are the world s most valuable resource and its best hope for the future. No wonder, even the President of the world s most powerful democracy, Mr. Barack Obama found time to interact with these future citizens of India during his maiden trip to the country.

Diwali is a much awaited festival in India that ushers in a new accounting year for some, beginning of new businesses for some, lots of shopping, fun and family celebrations. It symbolises light dispelling darkness. Do we want to be the light that illumines or the glare that obscures? This is cardinal to the objective of knowledge sharing. In the journey of learning,we would rather be the light than the glare. Hope the fortnightly regulatory update throws enough light for you to seek more.

Navaratri-Dussehra is a 9 nights-10 days package of festivity and celebration across India in various forms – durga pooja, display of dolls and dandiya. The 10 day festival is believed to culminate in the killing of the demon Ravana by Lord Rama which essentially stands for victory of good over evil, right over wrong. Sthree-shakti (woman-power) is upheld through the worship of the Goddess who personifies knowledge, valour and victory.

141 years have passed since the world s greatest apostle of peace, harmony and love was born. Less than an year has passed since Lexspeak was born ……in 2009. But we are glad we have great sources of inspiration like this apostle to draw our lessons in leadership from. Yes, we are referring to the Mahatma who was an epitome of purposeful action. There was eloquence in his silence as was action in his speech. He demonstrated leadership by example and led the entire nation by doing rather than just preaching.

Hip, hop or skip or even pray to the universally popular Lord Ganesha, the remover of all obstacles – hurdles are bound to come in our way when we attempt something new, be it a new idea, new entity, new project or even a new legislation for that matter. It is therefore imperative that we deliberate and debate over the possible hurdles, pitfalls, objections, conflicts etc. – not with a view to stall the initiative but rather to anticipate and pre-empt such eventualities with a view to minimising the risks involved.

As we celebrate Teachers Day on 5th September in India, as the birth anniversary of our 2nd President, Dr. S. Radhakrishnan, a great philosopher and thinker, we cannot help but reflect on what William Arthur Ward said “The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires.” Intent is to dispel darkness and spread the light around.

Freedom is neither a buy 1 get 2 free package deal nor a 3 in 1 shopping bag that we are so used to in the consumerist India that we are currently living in. It is a bundle of rights and obligations that we have bound ourselves to through the Constitution so that we may enjoy the fruits of the long struggle for independence with a sense of reverence to the old and responsibility to the young. Let us enjoy the freedom in a fiduciary capacity so that our future generations live in a country, free from materialistic and moral corruption.

Different strokes result in different positions. Nay, positioning the strokes differently makes all the difference from being a finalist to a winner. Yes, we are referring to the recently finalized Rupee Symbol designed by Mr. Udaya Kumar of IIT, the winner of the Rupee Symbol Design Contest of the Government of India. One of the talented 5 finalists of this contest was Mr. K.K. Shibin from Kerala whose Rupee symbol design is remarkably close to the winner’s as is depicted in the banner and elsewhere in an article in this issue of Lexspeak.

The Football Series came to a spectacular end, with Spain snatching sweet victory from the Dutch at the finals of the sizzling FIFA 2010 that held sway over the minds and hearts of millions of fans across nations for days (and nights too for some of us) together. The sporting extravaganza was all about achieving greatness together which is also the spirit guiding this journey of constant sharing and learning.

Whether it is a fiercely fought football match on the field or a strategically maneuvered business in the Board room, the rules of the game must be followed. Whatever positions you take, you need to strike with focus, teamwork and fairplay to score the goals.

Football fever is reaching a crescendo as almost the whole world is reverberating with the FIFA World Cup, 2010 song “Tsa mina mina eh eh, Waka waka eh eh”.

Every day is a gift to be opened, to be enjoyed, to be celebrated and to be shared. There can be no better thing to share than sharing knowledge which multiplies when shared and diminishes when concealed.

Some of the important regulatory changes / updates / court rulings during the preceding two weeks have been compiled in this 11th issue of Lexspeak. Shortly all the earlier issues of this News Letter will be made available on our revamped website. Look out for the same !

The media is full of stories of greed, graft and grime – unfortunately of both kinds of people – the so-called watchdogs (regulators) and the watched (regulated). Integrity has been brazenly sacrificed at the altar of fame and name. Well, we are glad that the long arm of law is finally catching up with the offenders and there is hope for good governance.

With so many news items related to FDI, we might as well call this an FDI-SPECIAL issue! Indian Government machinery is active regulating foreign investment in the country in various sectors – consolidating existing rules, relaxing approval limits, considering higher investment ceilings, discussing opening up of hitherto barred sectors and mulling over FDI in newer forms of business.

After a heavy-duty 7th issue loaded with Budget related news, we thought we will have little to share this fortnight. But surprisingly, the Government machinery is not one to stand still and watch things go by (at least in some areas !). They have issued notifications / clarifications / policy intents etc. on various matters and we have faithfully included most of them that seemed relevant. Some useful articles of topical interest that appeared in the print media as well as contributed by our in-house legal team are also featured in this issue. Hope you find them insightful.

“Taxare” means to touch sharply. Once again the Union Finance Minister, Mr. Pranab Mukherjee has used the “tax tool” deftly to touch us sharply at times and also soothe us at times through exemptions and incentives. The Union Budget 2010-11 does not attempt any major tax overhaul. The various changes initiated have been captured by us under respective tax categories. Highlights of the Karnataka State Budget and a few important changes effected by RBI regarding ECBs are also included.

We place before you a few important changes announced by the Government of India that require your attention before the onslaught of innumerable budget related notifications that are expected after the presentation of the Union Budget 2010-11 by the Finance Minister.

Mere accumulation of information is not learning. At best it could be a Repository. But to make it meaningful and educative, one needs to unlearn a few things and make space to upload new information, new insights and new perspectives that are gathered through various sources.

As we celebrate the 60th year of our glorious Republic of India, our destiny has been shaped by the epoch-making, bold decisions taken by our leaders in the post-independence era and in particular, the post-reforms era of the last two decades.

At the outset, we wish you a very Happy, healthy and prosperous New Year 2010. May it herald yet another year of peace, contentment and satisfaction in all that you have planned. As we move into the first year of the second decade of the new millennium, let us transition from the “Unknown to the known”, from “Ignorance to knowledge”, from “Darkness to light”, from “Lower truth to the higher truth”, for knowledge alone is power. Let us use the knowledge righteously, ensuring good governance in all that we do.

We are back again with the 2nd issue of our Newsletter. This issue offers a fair balance of news updates and articles of topical interest, keeping in mind the diverse range of readers that the Newsletter is aimed at. Also look for an invite from one of our Business Associates “Write Concepts” who is conducting a Professional Writing Workshop on this Saturday, 12th December, 2009.

“Tamasoma Jyotirgamaya”, in Sanskrit, means “May the light of knowledge remove the darkness of ignorance”. Starting from this edition, you will receive regular (weekly / fortnightly) news updates from the Lex Valorem Team. Along with the updates from the Government covering various notifications, circulars, amendments etc., encompassing the myriad of laws, we shall endeavor to demystify some of the legal phrases and maxims as also help you become a tax-compliant corporate citizen through our Tax Compliance Calendar.

Amendment to the definition of a small company

The Ministry of Corporate Affairs (MCA), vide a notification dated 15th September,2022 has amended The Companies (Specifications of Definitions Details) Rule, 2014, whereby the definition of small company has been amended. The thresholds determining a small company have been enhanced. ➢ The threshold limit for paid-up share capital has been enhanced to Rs. 4 Crores.... Read More

Analysis of Scheme for condonation of delay in filing Charge forms

MCA, vide General Circular No. 23/2020 dated 17.06.2020 has introduced the “Scheme for relaxation of time for filing forms related to creation or modification of charges under Companies Act, 2013”.... Read More

Analysis of certain provisions of the Companies (Amendment) Act, 2020

The intent of the Parliament to pass the Companies (Amendment) Bill, 2020 is majorly to decriminalize the provisions of the Companies Act, 2013 (CA, 2013). While the intent has been achieved, the Amendment Act has.... Read More

Amendments to Corporate Responsibility (CSR)

Section 135 of the Companies Act, 2013 mandates that companies having a net worth of INR 500 crore or more/ turnover of INR 1000 crore or more/ net profit of INR 5 crore or more during the immediately.... Read More

Decriminalisation of offences under Companies (Amendment) Act, 2020

The Company Law Committee (CLC) was constituted on 18.09.2019 to make recommendations to the government on further re-categorisation of certain criminal offences under the Companies Act, 2013 (the Act).... Read More

Stamp Duty on securities – Levy, Rates and Validity

The Parliament vide the Finance Act, 2019 amended the India Stamp Act, 1899 (Act) to bring in various changes as well as additions to Sec. 2 of the Act i.e. definitions provision w.e.f 1st July, 2020. Furthermore,.... Read More

Forfeiture of Shares – Handle with care

Whenever I hear about non-payment of call money, recourse which comes to my mind is “Forfeiture of shares”. Forfeiture may be a common phenomenon in listed companies but it is not so in private.... Read More

AGM through VC or OAVM

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Transmission of Securities

“Transmission of Securities” means transferring the title / ownership of securities to legal heirs or successor or nominee or surviving joint holder, in case of death of a security holder, insolvency, inheritance or lunacy of the member by operation of law..... Read More

Accidental Ommission of Issuing General Meeting Notice

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Corporate Borrowings and Lending – Companies Act, 2013

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Section 212 of Companies Act, 1956 and IFRS – An analysis

Section 212 (1) of the Companies Act, 1956 requires that there shall be attached to the balance sheet of holding company having a subsidiary or subsidiaries at the end of the financial year as at which the holding company’s balance sheet is made out, the.... Read More

Illustrative agenda items for Boad Meeting and Shareholders Meeting

Entrepreneurs and CEOs responsible for governance are often intrigued by the question – what needs to be placed before the Board for approval? which matter requires Board deliberations/decision ? What needs to be taken to the Shareholders for approval?.... Read More

Shareholding in a new corpotaye entity

Given the conducive business environment more and more new entrepreneurs are emerging in the corporate sector. Among all the business entities, the most conducive business entity/organization is a corporate entity incorporated under the provisions of the Companies Act, 1956..... Read More

Who is a promoter in control of a Company

The term ‘Promoter’ is common in the corporate sector and also common parlance. However it is to be noted that the term ‘Promoter’ has not been defined under the Companies Act, 1956 (Act) and other legislations relating to corporate affairs. It is also to be noted that although the term is used under various provisions.... Read More

Sweat Equity(SE) and Employee Stock Option Schemes (ESOP) in Unlisted Private Companies

When a company is newly formed or starts a new line of business, the company engages the best executives and employees available, who bring in their know-how, skill and expertise with them which adds great value to the growing enterprise..... Read More

Amendments in Unlisted Public Companies (Preferential Allotment) Rules, 2003 – An analysis

Background: During the last week of November, 2011, SEBI had issued an order restraining two entities of the Sahara group as well as certain promoters and directors from accessing the capital markets..... Read More

Apostile

Many times we come across the situation where documents issued in one country need to be used in or presented to another country. These documents must be authenticated or legalized before the other country will recognize those documents and give the documents the legal import given in the jurisdiction of origination.... Read More

Forms of Business Venture

There has always been a slight confusion in the minds of first time entrepreneurs on the distinction between a proprietorship firm, a partnership firm and a company. Invariably, most entrepreneurs who have established their business as proprietorship concerns or partnership firms refer their entity as companies. They are not clear why they want a.... Read More

Charter Documents for a Corporate Entities

Articles of Association of a company has always been recognized as part of the Charter Documents of any company of whatever nature incorporated under the provisions of the Companies Act, 1956 (Act). The Charter Documents of a company are the Memorandum of.... Read More

Buy back of shares in Private Limited Companies

The concept of “buy back of securities” is just over a decade old and is normally resorted to reorganize the capital structure. It means buying the shares allotted to shareholders at a predetermined price. Buy back results in cancellation of capital leading to an improved EPS in.... Read More

Independent Director

An Independent Director is a non-executive director who apart from receiving the director’s remuneration does not have any material/ pecuniary relationship or transaction with the company, its promoters, its directors, its senior management or its holding company, its subsidiaries and associates, which in judgment of the Board may affect independence of judgment of the Director.... Read More

Payment of remuneration to non-executive directors in case of absence or inadequacy

Under Section 197 of the Companies Act, 2013 as it stood prior to the amendment made thereto by the Companies Amendment Act 2020, non-executive directors including independent directors could be paid remuneration in normal circumstances only by way of sitting fees for attending meetings of the Board and Committees of which they are members.... Read More

OPCs made more attractive for startups

The One Person Company (OPC) was a new corporate structure which was introduced in India through the Companies Act, 2013. The OPC structure was derived from the single member company concept from the UK’s Companies Act, 2006. The structure allows the corporatization of sole proprietor businesses. Further, it provides the limited liability advantage to these.... Read More

Payment to Directors against professional services rendered

It is not uncommon for a company to seek out the services of its directors in their professional capacity for carrying out specific assignments for which they may be paid remuneration, which would be over and above what they are entitled to in their capacity as directors. Alternatively the director concerned may also be engaged.... Read More

Section 186 of the Companies Act, 2013 – Some food for thought

Section 186 of the Companies Act, 2013 (hereinafter referred to as “the Act”) corresponds conceptually to Section 372A of the predecessor Act i.e. Companies Act, 1956. In reality, it raverses a path which is much wider than its predecessor and its tentacles extend much wider than perhaps was intended by the legislature. Further, it is.... Read More

Preservation and Retention of Documents under Companies Act, 2013

Introduction: Corporate documents are essential resources of a company as they are referred to by various users within the organization as well as externally. They hold evidentiary value in many instances. Therefore, preservation of documents becomes necessary, and it is the duty of the management of every company to ensure documents are preserved in easily.... Read More

Amendment to the definition of a small company

The Ministry of Corporate Affairs (MCA), vide a notification dated 15th September,2022 has amended The Companies (Specifications of Definitions Details) Rule, 2014, whereby the definition of small company has been amended. The thresholds determining a small company have been enhanced. ➢ The threshold limit for paid-up share capital has been enhanced to Rs. 4 Crores.... Read More

Note on Downstream Investment (DI)

Foreign Direct Investment received by a Company is required to be reported on the FIRMS Portal of RBI in terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 read with Foreign Exchange Management (Mode of Payment and Reporting of Non.... Read More

Establishment of joint ventures (JV) wholly owned subsidiary (WOS) Abroad / overseas offices by India Firms/ Companies

In the globalised scenario where the Indian business houses export/import products and/or execute projects abroad, it is inevitable for them to have their presence in foreign countries. The Indian firms and companies may open branch offices abroad or even post a representative.... Read More

Real Time Gross Settlement System ( RTGS)

Real Time Gross Settlement System (RTGS) is a fund transfer mechanism where transfer of money takes place from one bank to another on a ‘real time’ and on ‘gross’ basis..... Read More

Note on Merchanting Trade

In common parlance, international trade denotes import by a buyer in one Country from a seller in another country and re-sale in his own country or export to a buyer in a third country, involving movement of goods as shown in the diagram below :.... Read More

Foreign Inward remittance Certificate (FIRC)

Foreign Inward Remittance Certificate (FIRC) is a document that provides proof of inward remittance to India. It is treated as documentary evidence by most of the statutory authorities for confirming the validity of the foreign money received by the beneficiary..... Read More

The Andhra Pradesh Micro Finance Institutions ( Regulation of Money Lending) Ordinance, 2010

The Micro Finance Sector was conceived with the main objective of ensuring financial inclusion of the sub prime sector of the Society. In other words, banks and financial institutions did not and do not address the requirements of the economically backward.... Read More

FDI Compliances Under FEMA

Investment from NRIs in Indian Companies is subject to specific compliances under FEMA (Foreign Exchange Management Act). Though the guidelines are clear, the actual process somehow is not easy in our experience and does not conform to “Ease of doing business”..... Read More

Export Facilitation measures by RBI

COVID has dealt a death blow to the importers & exporters. To help them to deal with the challenges posed by pandemic as well as enhance India’s export competitiveness in the global market, the RBI through its Statement on Development and Regulatory Policy (part of Bi-monthly Monetary Policy Statement) has brought in certain changes to.... Read More

Foreign Contribution (Regulation) Amendment Act and Rules, 2020

The Foreign Contribution (Regulation) Amendment Act, 2020 (the “Act”), has been notified by the Ministry by Home Affairs on the 29th of September, 2020 to amend certain provisions of the Foreign Contribution (Regulation) Amendment Act, 2010 (“FCRA”).... Read More

Law relating to related party transactions tweaked again by SEBI-Implications

Vide Notification dated November 9, 2021, SEBI has introduced amendments to the SEBI (LODR)Regulations, 2015 in respect of related party transactions. The amendments made are prospective and come into force from April,1, 2022.Some changes become effective from April 1, 2023..... Read More

Enforcement of Transparency and disclosure requirements through SEBI Regulations – A Study

There are kaleidoscopic hues that surround the concept of corporate governance. One can articulate on the concept until the cows come home and yet fail to arrive at a universally acceptable definition to the term. James D.Wolfensohn, the former President of the World Bank, succinctly defined Corporate Governance as” a concept which promotes corporate fairness,.... Read More

Amendments to SEBI LODR, ILDS & Debenture Trustees Regulations

During the quarter ended September, 2020, many companies who have listed their Non-Convertible Debt on the stock exchanges have defaulted on their interest payments to their NCD holders. One of them being an NBFC. The Securities Exchange Board of India (SEBI) with an intent to protect the investors as well as enhance the duties of.... Read More

An Insight into Social Stock Exchanges and its Regulations

The general understanding of a stock exchange is that it is a marketplace where for-profit companies propose to list their securities to raise funds and provide liquidity to the existing shareholders of the company. The concept of social stock exchanges has emerged in the recent past wherein not-forprofits(“NPOs”) or for profit-making social enterprises(“FPSEs”) are able.... Read More

Conversion of a LLP to a Company

This article focuses on the conversion of a LLP to a Company in the context of the changes brought to the Companies Act 2013 (CA2013) read with the Companies (Authorised to Register) Rules, 2018 vide Companies (Amendment) Act of 2017 (CA2017)..... Read More

Winding Up of Limited Liability Partnership (LLP)

Of late we have witnessed emergence of a new form of business entity named Limited Liability Partnership which is a hybrid of a company and a partnership firm and is governed by Limited Liability Partnership Act, 2008 (Act). Whereas all the procedures for.... Read More

A Limited Liability Partnership (LLP)

Commercial ventures are established invariably as a partnership firm, incorporated entities, unincorporated business ventures or as proprietorship firm. A new concept which is a hybrid between a partnership firm and a company incorporated under the.... Read More

LLP (Limited Liability Partnership) – A Tax Efficient Vehicle

LLP is a new corporate form that enables professional expertise and entrepreneurial initiative to combine, organize and operate in an innovative and efficient manner. It is becoming popular day by day. When it was introduced in 2009 there were so many.... Read More

Note on registration and non registration of a partnership firm

In terms of the Indian Partnership Act, 1932, (Act), the only criterion to commence business as a partnership is the finalization and execution of a Partnership Deed between the Partners. The Act does not require the.... Read More

Coversion of Partnership Firm

In most instances commercial ventures are started amongst friends and associates in an adhoc manner and invariably as a Partnership firm. As the business grows the Partnership firm is unable to cope and then there is a necessity for a corporate entity to.... Read More

Analysis of the recent amendments – LLPs

The structure of Limited Liability Partnership (LLP) was introduced in India over a decade ago as an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership. The advantages of this business model are:.... Read More

Convertible Note – “A boon for Start-ups”

Of late, we have heard that a Convertible Note is a boon for Start-ups. Let’s try and understand what it exactly is..... Read More

Mediation for Start Ups

Two friends A and B started an IT related service company to provide some innovative software solutions to the IT industry in Bangalore. They had worked in the software industry for a few years and decided to start a company on their own. They had some brilliant ideas and worked.... Read More

Angel Tax Analysis

16th January, 2016 marked a significant milestone for startups in India, with the Government of India announcing the “Startup India Action Plan” amidst much fanfare in the presence of the Prime Minister Mr. Narendra Modi, some of his.... Read More

Let’s Understand the Draft Code on Wages Rules

All of us are aware that the Government of India has initiated the process of “Labour Reforms” with the intention to simplify the legislations by consolidating the existing large number of legislations. In this connection, 4 Codes have been drafted out of which one is.... Read More

Engagement of people – Diverse Models

The business world today, is highly dynamic and challenging with fast changing technology and innovations. Hence corporates need to explore opportunities through expansion, diversification, re-organization, restructuring and other varied methods or systems to succeed in the industry. Digitalization is on the offing.... Read More

Tips for drafting Employment Contracts

In the previous Articles, we had discussed about various clauses in the Employment Contract namely, Non-Compete, Non-disclosure, Confidentiality, Protection of Intellectual Property Rights (IPR), claim on damages – liquidated, un-liquidated, penalty for breach etc..... Read More

Non-Disclosure Agreement and Confidentiality clause

In the previous article restrictive or negative covenants in an Employment Agreement and Noncompete clause were discussed. In this article, we shall discuss other important clauses in an Employment Agreement namely; nonsolicitation, non-disclosure, confidentiality and breach of Intellectual Property..... Read More

Non- compete Agreement

In this Article, we will discuss the later part of Non-Compete clause/ agreement. A company may depute an employee to undergo special skill training either within India or abroad or depute to a collaborator to study the technical inputs. The company may also commit to offer a permanent position in the company on completion of.... Read More

Employment Contracts

In the previous Article1, a mention was made about contracts “Opposed to Public Policy” while discussing the legal enforceability of “Contracts” before any Court of Law. To start with, it is essential to understand the conceptual meaning and enlightened views of various Courts including the Supreme Court of India and the House of Lords..... Read More

Essentials of Employment Contracts

All Corporates engage people suitable to any position based on Technical and soft skills with expertise in respective areas. The engagement is based on an “Employment Contract” normally captioned as “Letter of Appointment”. The Employment Contract may be a simple one or may incorporate certain conditions like – non-compete, non-solicitation, non.... Read More

Labour Reforms – Code on Wages, 2019-Part-III

This write up is the third one in the series, dealing with Payment of Bonus. The last series concluded with the definition of “Contract worker” highlighting the principles of “Contract of Service & Contract for Service”. It is considered important to briefly explain the principles since they are of high significance to any business..... Read More

Labour Reforms – Code on Wages, 2019-Part-II

The 1st article on Code on Wages, 2019 (Code) dealt with Payment of Minimum Wages. In this 2nd article, the focus is on understanding and analysing the definition of “Wages” and “Contract Labour”.... Read More

Labour Reforms – Code on Wages, 2019-Part -I

For the last three decades, the Indian Industry has been continuously prevailing upon the Central Government to bring in Labour Reforms to address the highly dynamic & volatile global business, where the labour laws are stagnant but technology is changing at a lightning speed. An unfortunate.... Read More

IBC (Amendment) Act, 2020

Following are the key changes brought about by the Insolvency Bankruptcy Code (Amendment) Act, 2020:.... Read More

Highlights of the announcements by the Finance Minister – 13.05.2020

On 13.05.2020 the Honorable Finance Minister Nirmala Sitharaman announced measures for relief and credit support to businesses and MSMEs to support Indian Economy’s fight against COVID-19. Highlights of the same are as follows:.... Read More

Proposed GST System in India

You all are aware that the new Indirect tax system namely Goods & Services Tax (GST) would replace the present Central Excise Duty, Service Tax at the Central level and State VAT, Central Sales Tax, Entry Tax at the State Level, in the near future (exact date of implementation of GST is yet to be.... Read More

Checklist for Registration under various Enactments

Note: The above is as applicable for a sole proprietor (i.e. an individual running his own business). In case of Partnerships and Companies, additional documents such as partnership deed, incorporation certificate, Memorandum & Articles of Association etc. will be required, depending on the type of entity..... Read More

Angel Tax Analysis

16th January, 2016 marked a significant milestone for startups in India, with the Government of India announcing the “Startup India Action Plan” amidst much fanfare in the presence of the Prime Minister Mr. Narendra Modi, some of his.... Read More

Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020

Interest payable for delay in payment of Income tax(e.g. advance tax, TDS, TCS), Equalization Levy,Securities Transaction Tax (STT), Commodities Transaction Tax (CTT).... Read More

GST Updates

Section 50 of the CGST Act, 2017 levies interest on delayed payments of tax. Originally the interest was being collected on the ‘gross’ amount of tax due. It is now amended retrospectively from 01.07.2017 on ‘Net Cash’ basis..... Read More

Income Tax Updates

CBDT has notified rules for LTC (Leave Travel Concession) Cash Voucher Scheme [Section 10(5)] vide Notification No. 50/2021-Income Tax Dated: 5th May, 2021. The brief particulars of the scheme are as follows:.... Read More

Union Budget 2021-22

Sec. 10: Interest on Recognized Provident Fund balance: Effective date: 01.04.2022 Interest income accrued during the previous year in the account of the person to the extent exceeding Rs. 2,50,000 in a previous year in the PF, would be taxable from 01.04.2022..... Read More

Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020

Interest payable for delay in payment of Income tax (e.g. advance tax, TDS, TCS), Equalization Levy, Securities Transaction Tax (STT), Commodities Transaction Tax (CTT).... Read More

Article on GST – 278

1. Rate Notification 5/2022 dated 13 July 2022 regarding RCM on residential dwelling unit: Services by way of renting of residential dwelling to a GST registered person for either residential or commercial purpose, shall attract GST and is to be paid under Reverse Charge Mechanism (RCM) in the hands of the GST Registered person who.... Read More

Shareholders Agreement

Every business or commercial venture undertaking in whatever form would require additional funding at one point of time or the other. Additional funding invariably cannot be generated by the promoters of the commercial venture and external funding must be procured which also makes better business sense for.... Read More

Non Disclosure / Confidentiality

In the world of today’s commerce all information relating to business of such entity is specific and to be exploited by the commercial entity owning the specific information. Any disclosure of such confidential specific information would enable any third party to.... Read More

Lease Agreement

All of us at one point of time or another have entered into some kind of Lease agreement/arrangement for a residential, commercial, business and other purposes. Most of us enter into a adhoc lease agreements without really examining the implications.... Read More

Charter Documents for a Corporate Entity

A Corporate entity is incorporated under the Companies Act, 1956 (Act) and is governed by the provisions of the Act. Notwithstanding the binding force of the Act, every corporate entity be it private limited company, public limited company or the recently.... Read More

Understanding the latest Karnataka Land Reforms Ordinance

Karnataka Land Reforms (Amendment) Ordinance, 2020 was passed on July 16th 2020i bringing certain agrarian land reforms that took Karnataka from being the most regulated to the most liberalised regime for farmland transactionsii ..... Read More

NRI investment in Real Estate

When one thinks of investment the primary investment is in real estate. Non Resident Indians (NRI) are always on the look out to establish their link with the country of their origin, India by acquiring real estate. The Regulations for such acquisition and transfer of.... Read More

Gifts under Transfer of Property Act, 1882

Any moveable or immovable property can be conveyed by way of Gift. The Transfer of Property Act, 1882 provides for the rules and conditions governing such Gifts..... Read More

Demystifying Title Scrutiny

Any immovable property, rural or urban, must be scrutinized as to its ownership before purchasing the same. The title of the owner is derived from various deeds relating to the property. The title deeds vary from property to property, depending on whether it is.... Read More

Title to Immovable Property

An immoveable property can be residential, commercial or any other property including buildings thereon. The person who is the owner of the immoveable property derives his ownership for the property from various documents and.... Read More

Sexual Harassment at work place

In India, till date, we do not have a legislation to deal with Sexual Harassment at work place. There have been many instances of sexual harassment at workplace which have gone into oblivion as a clear definition as to what amounts to sexual harassment has not.... Read More

Sexual Harassment of women at workplace act- The “WHOs” & “WHATs”

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (the “Act”) at the outset makes it clear that the driving force behind the legislation are Articles 14 and 15 of the Constitution of India which guarantee Right to Equality and also.... Read More

Amendments to MSMED Act, 2006

The Hon’ble Finance Minister of India, Ms. Nirmala Sitharaman had announced certain measures to help the country cope during the COVID-19 pandemic. The announcements included various matters w.r.t. MSMEs like change in the criteria for classification of MSMEs, introduction of a composite.... Read More

Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 (MSMED)

The Government of India has enacted the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 on June 16, 2006 which came into effect from October 2, 2006 with the intention of facilitating the promotion and development as well.... Read More

Consumer Protection (E-Commerce) Rules, 2020 – Part II

In Part I of the Article on the Consumer Protection (ECommerce) Rules, 2020, we looked at the meaning of ecommerce, the important definitions such as E Commerce Entity, Platform, Ranking, Marketplace E-Commerce Entity and Inventory E-Commerce Entity. We also discussed Rule 4 i.e. the duties of e-commerce entities..... Read More

Consumer Protection (E-Commerce) Rules, 2020 – Part I

The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution is responsible to ensure safeguarding of consumers’ interests, effective administration and timely settlement of consumer disputes. Keeping the same in mind, the Department of Consumer Affairs.... Read More

Family Business Disputes and Mediation

Family run businesses are an important part of the Indian economy. According to a report by Credit Suisse, India has the third largest number of family run businesses in the world after US and China.1 Family run businesses have a presence across the spectrum – from the biggest conglomerate in.... Read More

Mediating Partnership Disputes

Many of the partnerships in India are formed based on informal structure and understanding. Most of them are not registered and have very simple partnership agreements. These agreements are drawn up by the partners themselves and do not clearly specify the roles and responsibilities of the.... Read More

Mediation in Motor Accident Cases

Every day we come across news relating to some ghastly road accident in which either people have lost their lives or some have survived but maimed for life. What is the remedy for these people? What options do the victims themselves or the families have to get an award of.... Read More

Mediation in Bankruptcy Cases

Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peace-maker the lawyer has a superior opportunity of being a good man. There.... Read More

Mediation in Income Tax

It is said that an “ounce of Mediation is worth a pound of Arbitration and a ton of Litigation”. Mediation is a part of the Alternative Dispute Resolution (ADR) family. It is a voluntary and confidential process where a neutral third party (called the mediator).... Read More

Mediation in Commercial Disputes

Commercial disputes both big and small constitute a reasonable chunk of our adversarial dispute resolution mechanism (Court cases). The economic development, with increased commercial activity not only between organisations / entities in India but also cross border has added to the spike in commercial disputes. The government.... Read More

Workplace – Mediation

Workplace dispute is imminent in any work situation, whether service sector or manufacturing. In any company or organisation, conflicts are bound to be there either between the management and the employees or between two employees or between different groups of employees..... Read More

Impasse in Mediation

Impasse has been defined by Oxford dictionary as a “situation in which no progress is possible, especially because of disagreement, a deadlock”. Mediation is a voluntary process where the parties decide to participate and explore options for.... Read More

Mediation in Medical Negligence Cases

We frequently come across news relating to medical negligence cases, where some patient has not been treated properly by some hospital or the negligence has proved fatal to the patient.... Read More

Mediation in Real Estate Disputes

A substantial chunk of disputes in India relate to real estate. Nature of such disputes relate to delayed possession, defective construction, delay in refund of advances, interest payments, kind of amenities provided, size of the plot or apartments, lopsided agreements etc..... Read More

Mediation for Start Ups

Two friends A and B started an IT related service company to provide some innovative software solutions to the IT industry in Bangalore. They had worked in the software industry for a few years and decided to start a company on their own. They had some brilliant ideas and worked.... Read More

Mediator’s Neutrality

Mediation is a process where a neutral third party called the Mediator, whom the parties trust, assists the parties to amicably resolve their disputes through structured negotiation. A Mediator is a neutral third party selected by the parties..... Read More

Myths on Mediation – Part II

Continuing our series on debunking some of the Myths associated with mediation. We shall debunk some more myths in this part.  Myth 4 : Lawyers Do Not Have Any Role in Mediation Mediation being a process driven by parties and settled by the parties, leads to an impression that lawyers do not have any.... Read More

Myths about Mediation

In India, Mediation is at a very nascent stage and there are now a few legislations which mandate mediation as a first step in the dispute resolution process..... Read More

Qualifications and Skills of Mediator

Mediation is a dynamic process in which a neutral third party, the Mediator, facilitates the resolution of dispute between the parties. The mediator helps parties to communicate with each other, identifies the real underlying issues and helps parties explore and generate resolution options.... Read More

Mediation – Preferred mode of ADR

In most countries of the world, especially the developed countries, over 90 per cent of cases are settled out of court. In these countries, the dispute between parties is legally allowed to go to trial only when there is a failure to reach a resolution through Alternative dispute resolution mechanisms..... Read More

Roadblocks and Challenges to Mediation in India

The biggest roadblock that confronts any party that is desirous of exploring mediation is the inherent lack of autonomy in deciding whom to approach. In arbitration and conciliation proceedings, parties have the option to approach ad-hoc arbitrators or undertake arbitration under the auspices of any of the recognised arbitration institutions..... Read More

Stages in the Mediation Process

Mediation is a flexible process, which means strict rules of evidence and formal rules of procedure do not apply as compared to a court procedure. Typically, a Mediation has several stages which are followed by the mediator during the process of mediation..... Read More

Legal recognition of mediation in India

The concept of mediation received legislative recognition in India for the first time in the Industrial Disputes Act, 1947. The formal legality to mediation was given by the Indian Parliament when it passed the Amendment Act of 1999.... Read More

Introduction to Mediation

In 1842, the then Prime Minister of Britain, Mr William E. Gladstone had rightly stated that “justice delayed is justice denied” and these words of wisdom couldn’t be more appropriate in describing the current situation of the Indian Judiciary..... Read More

Amendments to SEBI LODR, ILDS & Debenture Trustee Regulations

During the quarter ended September, 2020, many companies who have listed their Non-Convertible Debt on the stock exchanges have defaulted on their interest payments to their NCD holders. One of them being an NBFC. The Securities Exchange Board of India (SEBI) with an intent to protect the.... Read More

Negotiations in Transactions

In the global village that we are operating in, professional services have undergone a tremendous overhaul to the extent that even the legal professionals can establish their practice as only transaction lawyers. With the world becoming flat and.... Read More

Non Tariff Barriers

WTO is the only international body dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations. These documents provide the legal ground-rules for international commerce..... Read More

Visa regulation for work related purposes

A Visa is an endorsement made in the passport that allows the bearer to enter the country issuing it. The Consular Passport and Visa Division (CPV) of the Ministry of External Affairs is the authority responsible for issue of Indian Visa to foreign.... Read More

Music & Management

Management can be learnt at B-schools, on cricket and football pitches, golf courses, wedding preparations and well through music concerts too ! Two weeks ago, I attended a series of Carnatic Classical Music Concerts organized by a.... Read More

Job Crafting

To be successful personally or professionally, everyone needs to have a good strategy coupled with execution. A good strategy helps in building sustainable competitive advantage by leveraging strengths and opportunities which are emerging as well as overcoming weaknesses and gearing up to meet the threats..... Read More

Vignettes from the Law and Practice relating to Company Meetings

The Companies Act, 2013 (hereinafter referred to as “The Act”) has brought about a paradigm shift in the law as also in the process associated with holding of company meetings. Gone are the days when directors and members could participate at meetings only by marking their presence physically”..... Read More

Oveview of Surrogancy in India

“Surrogacy” in simple terms can be defined as a ‘process wherein childless couples who are medically handicapped from having children through normal means are enabled to have children/legal heirs through Assisted Reproduction Technology by renting a womb of a woman referred to as a surrogate.’.... Read More

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