sfm ch-1 ( llp,corporate governance,agency theory,wto)
TRANSCRIPT
Submitted To
Prof. Riddhi Sanghvi
A Presentation
on Financial Strategy
and Planning(Ch -1)
Presented BY
Kailash Naghera
Palak Sukhanandi
Content
Financial sector reforms
Agency theory of employment
Limited liability partnership
Corporate governance
WTO
Financial sector reform
Meaning
Financial sector reforms aim at promoting a
diversified, efficient and competitive financial
sector
With ultimate objective of
Improving the allocative efficiency of
available resources
Increasing return
Promoting an accelerated growth of real
sector of economy
Areas of financial reforms
Framing guiding policies in structuring financial
system
Framing policies, rules and regulation to check
on financial intermediaries and their liquidity
Fixation of aims of development financial
institution
Policies for primary and secondary market
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Checking solvency and liquidity of financial
intermediaries
Linking growth of financial sector and growth of
economy
Development of financial instruments
Polices for restructuring of the business
enterprise
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Regulating foreign exchange market
Financial and economic polices of globalization
and liberalization
Steps to improve free access to international
markets
Improvement of financial intermediaries
Policies for FDI and FII
Continue ….
Policies for interest rate, pre-emption of deposits,
direct credit
Measures to strengthen financial system
Fixation of roles of apex bodies
Access to capital market
Development of screen based trading of securities
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Encouragement for growth of derivatives
trading
Increase management competencies
Promotion of fair competition
Reduction in intermediation costs
Agency theory of
Employment
Meaning
Agency theory models a situation in
which a principal (owner) delegates
decision making authority to an agent (the
managers) who receives a reward in
return for performing some activity of the
principal
In a company from of organization there
is divorce of ownership and control
Agency cost
To minimize the dishonesty of managers
To monitor management action
To protect the owners
Opportunity cost of lost profits
Constituents of agency theory
Value maximization
Management risk
Monitoring
Motivation through incentives
Criticism of agency theory
Not feasible to compute the agency cost
accurately
No comparison could be made in the absence
of past record
The requirement of additional monitoring,
apart from the legal compulsion, is difficult to
judge mainly due to information asymmetry
Continue……
Does not distinguish loyal and disloyal managers
Does not incorporate many important factors like
Relationship with agent
Non financial motives
Principal’s trust in the agent
Limited Liability Partnership
Introduction
Key attribute of a limited company incorporated
under companies act, 1956
LLP which is a separate legal person will be
liable to the third parties
Registration under LLP act
Naresh chandra committee on regulation of
private companies and partnership
Meaning
Limited liability Partnership (LLP) - Hybrid of
Corporate & Partnership business Form.
Allows the benefits of limited liability with the
flexibility of organizing the internal structure as a
partnership based on mutually agreed Agreement
Gateway for Multi Disciplinary Professionals LLP
features
Body Corporat
e
Unlimited capacity
LLP has members
Limited Liability of Partners
Complete flexibility
Non applicabili
ty Of Partnershi
p Act
Separate Legal Identity
Perpetual Succession
Only with Profit Motive
Easy to FormNo Stamp
Duty as on
date
No Minimum
Contribution
Low cost of
Formation
Easy to Run
& Manage
Less Compliances
Less requirement as to
maintenance of statutory records
Less Government Intervention
No Minimum Alternate Tax
as on Date
Benefits
Who can be Partner?
Individual
Body Corporate
And/OR
Formation of LLP
• Deciding the Partners & Designated partners
Step-1
• Obtaining DPIN & Digital Signature
Step-2
•Checking name Availability for LLP
Step-3
• Drafting of LLP AgreementStep-4
• Filing of Incorporation Document
Step-5
•Certificate of IncorporationStep-6
Corporate Governance
Introduction
Contemporary corporate governance started in
1992 with the Cadbury report in the UK
Cadbury was the result of several high profile
company collapses
is concerned primarily with protecting weak and
widely dispersed shareholders against self-
interested Directors and managers
Meaning
It is the system by which companies are directed
and control
The board of director are responsible for the
governance of their company
The shareholders role in the governance is to
appoint the directors and the auditors
Continue….
It is a process or set of systems and processes
to ensure that a company is managed to suit the
best interests of all
The stakeholders may be internal stakeholders
and external stakeholders
Good governance means that the board agrees
to being accountable to the shareholder and as a
result takes on the responsibility of directing and
controlling management
Tests for effective corporate governance
Whether the fund of the company have been
deployed for pursuing the main object of the
company
Whether the funds raise from financial institution
and the capital market have been utilized for the
purposes for which they were intended?
Whether the company has the core competence
to effectively manage its diversification?
Continue….
Whether there has been diversion of funds by
way of funds and advances or investment
companies
Whether the personal properties of the directors
have been late-out at a fabulous rent to the
company
Whether the provisions of the companies act,
FERA, factories act and other statutes are
complied with in letter and in spirit?
Continue….
Whether the practices adopted by the company
and its management towards its shareholders,
customers, suppliers, employees and public at
large are ethical and fair?
Whether the directors are provided with
information on the working of the company and
whether institutional and non-executive directors
play an active role in the functioning of the
companies?
Continue……
Whether the internal control in place are
effective?
Whether there is transparent financial reporting
and audit practices and the accounting practices
adopted by the company are in accordance with
accounting standards of ICAI?
WTO
WTO
The World Trade Organization (WTO)
Established on 1st January 1995
As a result of the Uruguay Round negotiations (1986-1994)
Located in Geneva, Switzerland
At its simplest:
“A global organization dealing with rules of trade between nations”.
Continue…
A rules-based, member-driven organization.
“Its main function is to ensure that trade flows as
smoothly, predictably and freely as possible.”
Created by 120 nations to supersede and extend the GATT.
Now:
148 member nations (over 97% of world trade).
32 ‘observer’ countries.
GATT
The General Agreement on Tariffs and Trade (GATT) 1947
Before GATT: several joint declarations of free-trade ideals—and failed attempts to create an international trade institution.
Under US leadership, the GATT was created in 1947—as a step toward the “ITO.”
GATT: 19 original “contracting parties.”
(WTO has now 148 members.)
Regulated trade in goods, only.
The Uruguay Round (1986-1994)
123 participating countries
Most difficult—and most ambitious—among all rounds of negotiation.
Lasted almost 8 years (1986-1994, in effect since 1995): the longest round.
Created the WTO in 1995.
Ultimately, very successful.
Agreed on the following
To offer most favored nation treatment to all
member
To offer reduced tariffs
To remove all subsidies
To remove all restriction on imports and exports
To ensure intellectual property rights
India made following commitments
To reduce tariffs
Rationalize tariffs
Simplify tax laws
Liberalize licensing of industry
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Liberalize administered pricing
Decontrol banking
Make capital market reform
Encourage FDI in core areas
General principles and objectives
Three main principles
Trade related aspects of investment measures
Trade related aspects of intellectual property
rights
Trade in service
Functions
Administers the WTO Agreements and facilitates their operation and implementation
Responsible for the settlement of differences and disputes between members
Responsible for periodic reviews of the trade policies of members
Also provides technical assistance and training for developing countries
Cooperates with other international organisations on subjects of mutual interest