Wednesday, 2 September 2015

Certificate of Appreciation for social service from ICAI

Received Certificate of Appreciation from "The Institute of Chartered Accountants of India" for the social impact work done in the Education and Skill Development sector through a section 8 company "Prayaan Social Enterprise Foundation", co-founded by me. The company conducts Prayaan pre-school programs in Government Anganwadi's in Goa. Prayaan pre-school programs are supportive education programs, which help the government anganwadi children learn basic maths, language, communications, general awareness, good manners, arts, crafts, dramatics, indoor/outdoor games.

Friday, 24 April 2015

Company law compliances for private companies

     GIST Of  Company Law Compliances for Private Companies
                                                                     CA Swatee Shere Rane
                                                        

                                               


If you are planning to set up a private company in India, you shall be governed by the newly legislated Companies Act 2013. As a founder of a private company, you need to be aware of the company law compliances under this Act.

Here are some of the compliances  you should  remember:

For  forming a private limited company, firstly obtain Directors Identification number for all the promoter’s and obtain digital signatures for at least one  promoter. Get your company name approved from ROC. File the incorporation documents on the MCA portal viz. Memorandum and Articles of Association, Subscriber Sheet (handwritten by the subscribers in the presence of at least one witness), Declaration Form 2.10 and Affidavit in Form 2.11, details of address for correspondence, details of first directors and their consent. Pay the requisite fees.    

Once you have collected your Incorporation certificate, before commencing business, you need to file with ROC, Form 2.24 duly verified by certifying professional that every subscriber has paid the “paid up amount” agreed to be taken by him and Form 2.25 - verification of registered office.

Issue share certificates to shareholders.

Maintain a registered office in the state in which company is registered and maintain Books of accounts, Minute Books and Statutory registers at the registered office.

Do not forget to hold a board meeting  at least once in three months.
Minute the meetings and get it signed by the Chairman of the meeting or the succeeding meeting. 

Statutory audit has to be conducted under the Companies Act .

Annual  General Meeting (AGM) of the shareholders has to be convened  every year and the time period between two AGM’s  should not exceed 15 months. You need to hold a board meeting before the AGM  to approve the financial statements and notice of the AGM. A clear notice of 21 days has to be given to all the members  and the AGM has to be convened within  6 months of the close of the financial year i.e. 30th September.

After the AGM, the company has to file the audited financial statements and the Annual returns of the company with the Registrar of companies within 30 days.

Although all company law provisions which are applicable to a private limited company are applicable to a One Person Company (OPC), there are no

mandatory requirements to conduct annual statutory meetings.

Wednesday, 31 December 2014

Happy New Year!


Wishing ALL A  Great and Happy New year 2015!

Let's Resolve in the new year to chase Perfection...


Perfection is not attainable, but if we chase perfection we can catch excellence. - Vince Lombardi

Monday, 22 December 2014

Seven Golden Rules for Financial Prudence in startups

      


published in e-magazine "Chatterpillar" Nov issue:

 Seven Golden Rules for Financial Discipline  in a Startup!
                                                                  CA Swatee Shere Rane
                                                                                                                                            
You have setup a Business Entity and are struggling with the initial startup challenges. As you sweat it out in the day, you long at the end of it, to see a fat balance in your bank account and the feel of hard cash on your work table. Yes, the task seems very daunting, but how does one get closer to this entrepreneurial dream. 
Hey there! You need to hold your breath and practice the winning  mantra of “financial discipline”!

Here are  seven Golden Rules of financial discipline which shall lead your  business to success and growth.

Rule One: Prepare a Business Plan:.
When you are in the planning stage, estimate only your realizable sales figures, and income and be modest when you do this. Do not forget  to budget for all your operation costs, human resources expenses, administration overheads, depreciation charge and finance and selling costs appropriately. As Benjamin Franklin said, “Beware of little expenses, because a small leak can sink a great ship”. Never over estimate your Income and under  estimate your expenses and keep a close check on the budget variances.

Rule Two: Test Fast, Fail Fast, Adjust Fast (Tom Peters).
Yes, as an entrepreneur you have an idea and you need to test whether this idea is commercially viable or not. When you are testing your business idea, there are equal chances that you may win or you may lose. Hence, you must test fast and check the results. If you fail fast, you need to adjust fast. Never remain invested in a loss making business venture. Either you correct your flaws quickly or exit quickly.

Rule Three: Don’t overburden yourself with Debt:
These days, it is easy to obtain loans for various businesses against securities and bank guarantees. But as a prudent businessman, you need to calculate the debt costs correctly. If you don’t, you will be surprised to know, after a few years have rolled by, that all your hard work has paid rich dividends to your lenders, and not to you.

Rule Four: Update your accounting records regularly.
Always remember that you are different from your business. Hence do not load your personal expenses onto your business account. Also ensure that your accounting records are updated regularly. Keeping your accounting records  up-to date, helps to  manage cash flow, fund flow, efficiently and it also helps in complying with various direct and indirect tax compliances.

Rule Five :  Review  your internal control procedures, systems and financial statements to assess your productivity, profitability and net worth.  
Setting up healthy internal control systems and procedures is very important for young start ups. But equally important is continuously reviewing that the systems are working effectively. While you focus on penetrating new markets, keep a vigil on  your financials.  Be vigilant about the productive use of your business resources, ups and downs of your business profits and  rise or fall in the net worth of your business.

Rule Six  :  Save
Don’t forget, “A penny saved is a penny earned”! So, all your efforts should be put in reducing costs, making optimum use of funds and resources, and saving the surplus. Open a separate bank account, wherein you can keep transferring a part of your monthly surplus from your business account as your savings. Practice this discipline for business survival and growth. This way, you will always have a separate bank account to withdraw from, in case of business exigencies.

Rule Seven: : Invest your profits in business

The final golden rule of financial  discipline would be to  invest a part of your business profits in your business. You may add machinery, office equipments, computers, upgrade office premises, compensate skilled human resources adequately, increase allocations for marketing and publicity, etc. etc. There are umpteen opportunities to be explored! And investing more money for these requirements, shall add value to your business and guarantee your Startup - survival, growth and more and more profits….   

Monday, 17 November 2014


On Children's Day , "Prayaan Social Enterprise Foundation" , a section 25 company co-founded by me, organised a Drawing and Colouring Competition for Government Anganwadi children at Art Gallery, Central Library, Panaji Goa. The Director of "Directorate of Women and Child welfare" and Ms.Harshada Kelkar a renowned artist were the chief guests for the function. The timming of the competition was changed from morning to evening , due to the late announcement of Government's Swach Bharat rally for the children in the morning. So, some of the children who did'nt get the intimation of  the change in timmings, visited the venue in the morning and went back home. Only one child Arnav, remained at the venue till 4 pm and waited patiently for the competition to open. He had come all the way from Mardol with his mother. His drawing won him, the 1st prize at the competition. Well done Arnav and Mom!

Tuesday, 14 October 2014

Corporate Social Responsibility


                 Hey  India  Inc.!   Are  you  Socially   Responsibile ????

 CA Swatee Shere Rane
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Jamsetji Tata had  once  said, “In a free enterprise, the community is not just another stakeholder, but is, in fact, the very purpose of its existence.”

Corporate Social Responsibility (CSR)  is much more than  philanthropy , it encompasses a  wide  gamut of voluntary activities which are NOT STATUTORILY  MANDATED .

To the layman, CSR  includes   the social and community initiatives of the Corporates, however the meaning of  CSR is not limited to only this, it is definitely much more. Only by making generous donations, an unscrupulous Corporate cannot be said to  be socially responsible. It is the noble initiatives of the Corporates which are directed in making it a good citizen that  determine  whether it is socially responsible or not.... A Corporate’s healthy and transparent Governance practices,  ethical conduct of  business,   effective   conservation of  scarce resources and efficient  management of   waste,  tell us whether the corporate is a Good citizen!

CSR became known in the 1990’s when the German generic  pharmaceutical company - Betapharm decided to implement CSR. However this  concept was  first introduced in 1953 by William J. Bowen,  in his publication “Social Responsibilities of the Businessman”. In recent years, CSR has become a fundamental business practice.  Companies have now explored that the  impact of their activities on the economic, social and environmental sector directly affect their relationships with investors, employees and customers.

The UK Prime Minister, recently observed “ Business is the most powerful force for social progress the world has ever known. However it fails to deliver, because it is affirmed that businesses  should stay away from social issues and stick to making money”.



In India,  traditionally businesses  have been socially  responsible, and some of the business houses have made laudable  efforts on this front. Prominent Business houses such as the  Tata’s,  Wipro’s, Infosys, ITC,  have led the way in making  Social Responsibility an intrinsic part of their business plans. These companies have been deeply involved in praise-worthy social development initiatives for the public.
Jamshedpur, one of the major  city in Jharkhand  also known as Tata Nagar  was carved out from a jungle a century ago. And TATA’s CSR activities in Jamshedpur have  done amazing social work  for the betterment  of  health and education facilities  in this city.
Wipro’s “Applying Thought in School” initiative has engaged schools,  educators , social organisations to bring about educational reform in the country.  And the “Eco Eye” program incorporates better ecological balance in each and every  project that Wipro undertakes.
Infosys bagged the prestigious CSR award for Project Genesis at the 8th National Outsourcing Association Awards in London. “Project Genesis” aims at improving the employability of students from Tier 2 and Tier 3 towns in India through focussed training programs which includes two modules: “Language Enhancement” and “Analytical skills”. The “Language Enhancement” module improves written and spoken communication capabilities, and “Analytical skills” improves the aptitude capabilities of the students.
ITC won TERI Corporate award for social responsibility for its exemplary initiatives in implementing integrated water- shed development programmes. The much appreciated “e-Chaupal” program of ITC, enables small and marginalised farmers in rural India, to access updated information of market prices and weather conditions, helping them to be competitive by enhancing their farm productivity and commanding better prices for their farm products. Under “Social and Farm Forestry Program”, ITC procures wood pulp for its paper and paperboards business from renewable plantations cultivated by tribals and farmers on their private waste lands.
Ranbaxy Community Healthcare Society runs many well equipped mobile health care vans and urban family welfare centres which provide preventive and curative health care services to the disadvantaged.    
In spite of having such life size successful examples, CSR in India is still in a very nascent stage.  Many times, CSR activities are considered as “unwanted activities”, restricted to giving monetary donations, with  no actual involvement of the Corporates in the  social welfare programs. The CSR activities lose their relevance, when they are not focussed and are directionless. Without a well-defined strategy, CSR cannot  become  an effective tool  for contributing to the social and economic development . And it is very unfortunate for the country, if the mighty  Corporates with their money, skill and professional strengths fail to deliver good to the society.  
How does one  judge whether a Corporate is socially responsible or not...
Here is a Quick Test for  Indian companies to  check out their Social Responsibility  Quotient:  

1)      Does the company Care for all it’s Stakeholders?

A company’s stakeholders include shareholders, employees, customers, suppliers, project affected people, society at large etc. And the   company is responsible to all these stakeholders. Does the company  actively engage with all its stakeholders, keep them informed of inherent risks and tries to mitigate their  risks so as to provide for their welfare and well-being?

  2)  Is the company  functioning  ethically?

 A company can be said to be responsible socially when it does not engage in any abusive, unfair, corrupt and anti-competitive business practices. So, the test shall be to determine whether the  corporate governance practices of the company are  based on ethics, transparency and accountability?

 3) Does the company respect it’s Workers' Rights and provide for their welfare?

The   workplace  that is provided to the employees must be safe, hygienic and humane,  which upholds the dignity of  the employees. Employees should  have  access to training and development of necessary skills for career advancement, on an equal and non-discriminatory basis. Whether  the company encourages freedom of association,  has  an effective grievance redressal system,  ensures that it does  not employ child or forced labour and provides and maintains  for equality of opportunities ?

4) Does the company  have  Respect for Human Rights?

Companies should respect human rights for all.  Whether the company  avoids   human rights abuses by it  or by any third party, indicates how responsible it is to the society.

5) Does the company Respect the  Environment?

Companies should manage natural resources in a sustainable manner , adopt cleaner production methods, and promote efficient use of energy and employ environment friendly techniques. Does the company  respond pro-actively  to the challenges of climate change and does it take all measures to prevent pollution?  Does the Company  take  effective steps to manage, reduce and recycle waste?

6) Does the company indulge in Activities for Social and Inclusive Development?

Companies should undertake activities for economic and social development of communities,  in the vicinity of their operations and further in other geographical areas. Does the company  indulge in   activities which  include  education, skill building for livelihood of people, health, cultural and social welfare etc., for the  disadvantaged sections of the society?


To sum up, the culture of Social Responsibility needs to   go deeper and be a part of the governance of the business. The  ethical functioning of the Corporate, its transparent and good governance practices, its care and concern for all its stakeholders, its effective management of natural resources, and its efficient handling of  waste will establish a Corporate as a Socially Responsible citizen. However, further to this, it shall be the Corporate’s  actual  involvement in the  Social Welfare programs that shall ultimately go a long way in bringing about the much needed upliftment of the society and liberating it of its many evils………..

Certificate of Appreciation for social service from ICAI

Received Certificate of Appreciation from "The Institute of Chartered Accountants of India" for the social impact work done in th...