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Vol 4: Issue No.5 : May, 2004
NATIONAL NEWS

Hony. Editor
Dr. Bindi Mehta
Professor & Chairperson (Research & Publications)
Narsee Monjee Institute of Management Studies
(Deemed University)






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National Events
Infosys D & O Policy

Infosys Technologies have moved its Directors & Officers policy to ICICI Lombard General Insurance, as it has offered a better deal as compared to Tata AIG General Insurance, which had issued the policy last year. Directors & Officers policies typically cover defense costs of litigation by third parties and pay damages awarded against key executives and directors in the course of their duty.

This is the biggest liability insurance transaction in India among the technology companies. Some months ago ICICI Lombard had provided a similar cover to WIPRO. According to some sources, ICICI Lombard was able to provide better terms despite a claim in 2003-04. Infosys had paid out a sum of $.3 million under its D&O policy to its US based ex-employee Ms. Reka Maximovitch in settlement of a sexual harassment case.




 
 
   
ICRA Survey on Perceptions about Corporate Governance

A survey conducted by the rating agency ICRA among fund managers, brokers and institutional investors has concluded that the biggest concern among the capital market participants from the corporate governance perspective was insider trading selective leaks of price sensitive information and dubious accounting practices. The survey also brings out that unethical practices and inadequate concern for minority shareholders are major worrying factors. Excessive promoter control on management, unrelated diversification and overarching CEOs were also cited as concerns, but ranked lower in the order of seriousness.

The survey says that over 90% of the respondents were willing to pay a premium for companies with good corporate governances practices. However, nearly 60% of the respondents were not willing to quantify the premium. The survey said that the characteristics of good corporate governance included high level of transparency and disclosures, integrity of accounts, strong and independent board of directors and active board committees.

 



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UTI & IMC Announce Governance Awards

Unit Trust of India and Indian Merchants’ Chamber have announced a governance award for both public governance and corporate governance. Both organizations will be collaborating for giving this award for which the corpus has been announced as Rs. One crore. IMC will contribute Rs.25 lakh, while UTI will be contributing the balance amount. Chairman and Managing Director of UTI Asset Management Company, Mr. Damodaran announced this while giving away Community Welfare Awards at the 96th Annual General Meeting of the Indian Merchants’ Chamber.



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Company Law Changes Must Address the Issue of Compliance Cost

The Department of Company Affairs (DCA) has already started work on a concept paper that will form the basis for enacting a trimmer and slender version of the companies act. Indian corporates and some of the industry associations like FICCI are in favour of a trimmer company law but it also wants the existing law to address the issue of rising costs of regulatory compliance.

According to FICCI sources, there is a general feeling that excessive regulations under the law are forcing the company boards to spend more time on compliance and implementation rather than on the company’s growth. FICCI has been calling for a simple and crisp law for private companies where public money is not involved. The Chamber, however, agrees with the government view that the company law must provide adequate protection to investors, shareholders, creditors, employees and other stakeholders to ensure that corporate wrongs are quickly and effectively addressed.


India Back on CALPERS Radar
The Board of Administration of the California Public Employees Retirement System (CALPERS) has voted in favour of adding India along with Philippines and Peru, to its list of emerging equity markets where the funds will be allowed to invest.

This is a turnaround from its earlier position. In February 2003, CALPERS had ruled out investing in some of the world’s largest countries including India, China, Indonesia and Russia and decided against returning to Malaysia and Thailand. The decision was based on an assessment of the stability and transparency of those countries, including criteria like accounting standards and labour laws.

CALPERS, the largest pension fund in the US provides retirement and health benefits to 1.4 million federal state and local public employees and their families. The decision of the Board of CALPERS follows SEBI’s announcement of implementing the T+1 settlement mechanism beginning July 2004.

As of February 2004, CALPERS had an equity exposure of US $ 2 billion in emerging markets. Equity markets where the fund is allowed to invest include Argentina, Brazil, Chile, Czech Republic, Hungary, India, Israel, Jordon, Malaysia, Mexico, Peru, Philippines, Poland, South Africa, South Korea, Taiwan and Turkey.


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© 2001 Academy of Corporate Governance