Hony. Editor
Dr. Bindi Mehta
(Director, Research at ICSI - CCRT, Formerly, Chief economist, CRISIL






 
 
September, 2002
CSR being viewed as a business tool

The World Business Council for Sustainable Development (WBCSD) defines "Corporate Social Responsibility is the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as of the local community and the society at large". A recent survey conducted by an NGO called "Partners in Change" (PiC) indicated that 85 % of the Indian corporates surveyed felt that companies needed to be socially responsible and 69 % were actually involved in some on-going community project. On the darker side, only 19 % of the companies surveyed had a policy on social responsibility and only 11 % had codified it in writing. According to PiC, CSR is not just good business practice, but makes good business sense and is a potent business tool.

 
 
 
Records of Debenture Default Sought from Debenture Trustees

In an attempt to crack down on errant companies that have defaulted on interest on their debenture issues, the Department of Company Affairs (DCA) has decided to call for information on the total number of issues and the occurrence of defaults from 39 debenture trustees, registered with Securities & Exchange Board of India (SEBI). In a meeting convened to discuss the above and related matters, strategies to check defaults and ensure regular payment to investors were discussed. The meeting was attended by representatives from the ICICI, State Bank of India and the Investor Grievances Forum (IGF). In a background paper prepared by IGF, it stated that 472 companies had debenture trustees.




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DCA's Action Against Promoters of Vanishing Companies


The Department of Company Affairs (DCA) has also initiated prosecution proceedings against promoters of vanishing companies. These promoters had raised funds from the public between 1992 and 1996 - the boom period for the stock markets in India - and vanished, leaving investors with junk paper. The DCA has initiated proceedings against 69 companies, while it has issued show cause notices to another 70 companies. A total of 229 companies have been identified as vanishing. In case of 164 companies, out of the total of 229, the DCA has started proceedings for not filing documents. According to the department, this tantamounts to embezzling public funds. Both the SEBI and the DCA are jointly working in this respect and for the present are concentrating on companies in Uttar Pradesh. According to official sources these 229 companies, is only the first lot so far identified and is only tip of the iceberg.




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India Placed at the Bottom on Transparency by McKinsey

A survey of 188 companies from emerging markets of India, Malaysia, Mexico, South Korea, Taiwan and Turkey gave India 58 points out of 100, while Malaysia topped the list with 81 points. India was placed at the bottom of the list of emerging economies, in terms of transparency. The criteria of transparency were disclosures and auditing. The report revealed that in emerging markets, institutional investors rewarded companies that adopted stricter corporate governance practices. According to the McKinsey Report, by moving from worst to best, companies could expect, on an average, to experience roughly a 10 to 12 per cent increase in their market valuation, a result underscoring the importance investors attach to good governance.



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ESOPs by Unlisted Firms under Consideration

The Department of Company Affairs is considering allowing unlisted companies to issue employee stock options, besides framing guidelines for allotting sweat equity to their employees. The department is setting up a high powered committee to examine the two issues and prescribe norms for issuing sweat equity by unlisted companies. The committee would also address the issue of outsourcing of personnel for carrying out inspection of books and accounts. The panel would look into the valuation aspects of intellectual property rights as well.



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India to Host World Ethics Conference

London-based World Council for Corporate Governance is organising a conference in New Delhi in September, which will address issues of corporate governance for a sustainable world. A large number of heads of government and heads of states - both from India and abroad are stated to address the conference. Several Indian CEOs and academicians will also be speaking on the occasion. The gathering will debate on topics such as - Corporate governance, a key to sustainable wealth creation, role of ethics, role of non-executive directors, role of audit regulatory bodies, conflict of interest and benchmarking for corporate governance.



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Survey of Independent Directors

A joint survey conducted by Asian Centre for Corporate Governance and Mahindra Young Knowledge Foundation has brought out a number of unpleasant facts about independent directors and their role in Indian companies' boards. The following are some of the findings of the study -

  • Average age of an independent director is 69 years in the sample of 142 top Indian listed companies.
  • All the 142 companies together had only 734 independent directors, which means that many of them hold multiple directorships, making them too busy to concentrate on each of the company.
  • Only 12 % of the companies involve independent directors in agenda items selection and discussion.
  • Only 12 % of the companies (mostly multinationals) do formal evaluation of their MDs/CEOs.
  • None of the companies studied carry out a formal assessment of the board's performance.


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© 2001 Academy of Corporate Governance