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E A S E O F D O I N G
B U S I N E S S I N I N D I A
F A C I L I T A T I O N S
A N D
O B S T R U C T I O N S
INDIA IS THE SEVENTH LARGEST COUNTRY BY AREA AND THE SECOND -MOST POPULOUS COUNTRY
IN THE WORLD
ECONOMY OF INDIA IS THE SEVENTH LARGEST IN THE WORLD BY NOMINAL GROSS DOMESTIC
PRODUC T
THIRD LARGEST BY PURCHASING POWER PARITY
A DEVELOPING ECONOMY WITH AN AVERAGE GROWTH RATE OF APPROXIMATELY 7% OVER THE LAST
2 DECADES
We have a million problems, but at the same time we
have over a BILLION minds.
Mr. Narendra Modi
Prime Minister of India
BILLION minds
Unemployment rate in India
9.0%
How to boost employment rate of India ?
Ease of Doing
Business
EQUATION
OF A EASE
OF DOING
BUSINESS
Starting a
business
Dealing
with
construction
permits
Getting
electricity
Registering
property
Getting credit
Protecting
minority
investors
Paying
taxes
Trading
across
borders
Enforcing
contracts
Resolving
insolvency
Labor market
regulation
130
Internal External
Job Seeker
Job
Provider
Business
Setup
Investments
3 C Model• Standup
and
Startup
India
Government
Private
Importance of Ease of
Doing Business in India
• Provide Employment
• Attract Investment
• Bring Technology
• Innovation
• Solutions to Problems
• Develop Economy
• Raises standard of living
Compliances
Capital
Contract Enforcement
WAYS TO IMPROVE EASE OF DOING BUSINESS
Mindset
Technology
System &
Process
System &
Process
EASE OF DOING BUSINESS THROUGH
C O M P L I A N C E S
Unnecessary compliances have been
removed and a lot of permissions can be
obtained online
• Proposed around 100 amendments on 16th March, 2016, some are
highlighted below:
• Change in definition of small companies - Many more companies
will get into the ambit of ‘small company’ and get benefits
• Deletion of provisions regarding the restrictions on layers of
investment companies - This eases the structuring of group
companies and inter-co investments
• Simplification of private placement - This will be a big relief for
many startups. The Offer Letter was like a shorter version of
public offer documents (DRHP)
COMPANIES (AMENDMENT) BILL 2016
• Issue of sweat equity shares by a newly incorporated company -
With a view to encourage the emerging startups and
entrepreneurs the company may now issue sweat equity shares
after its incorporation without waiting for one year
• Annual Return - This reduces paperwork and makes for easier
compliances
• Meeting through video conferencing or other means - This is
certainly ease of doing business
COMPANIES (AMENDMENT) BILL 2016 (CONT.)
SIMPLIFICATION IN ADMINISTRATION OF LABOUR LAWS
• Government launched an online portal shram Suvidha with
focus:
• Ease of reporting at one place for various labour laws
• Consolidated information of labour inspection and its
enforcement
• Allotment of Labour Identification number to units to
facilitate online registration and filing of returns
• Real time registration with Employee State Insurance
Corporation (ESIC) and Employee Provident Fund
Organization (EPFO)
SIMPLIFYING OPERATION OF BUSINESS IN INDIA
• Curbing the need of consent to establish / NOC letter
letter for new electricity connections
• Online application and monitoring for environmental
and forest clearances
• Simplification in obtaining Industrial Licenses
• Reduction in the mandatory documents required for
import and export of goods from 7 to 3
NATIONAL COMPANY LAW TRIBUNAL (NCLT)
• The setting up of the NCLT and NCLAT are part of
the efforts to move to a regime of faster
resolution of corporate disputes, thus improving
the ease of doing business in India
• NCLT and NCLAT will also pave the way for the
faster implementation of the bankruptcy code
• It is expected to reduce the burden on courts
GST
• GST will ensure one tax in the entire
country.
• It will result in seamless transfer of goods
and services in the country
• Taxes and inflation will remain low
• People will spend less in buying essential
goods
• Eliminate the cascading effect of taxes on
customers which will bring efficiency in
product costs
SECRETARIAL STANDARD BOARD INITIATIVE
• Giving democratic and transparent consultative process paves the way for effective implementation of legal
mandate
14 Lakhs Companies in India
1 Lakhs Professionals 10 Lakhs Professional Opinions
BENEFITS SECRETARIAL STANDARD BOARD
• Strengthening the Board Processes
• Reduces ambiguity
• Increase in Confidence of Investors
• Corporate Governance
• Transparency
• Reduction of non-compliances
• To resolve the issues where the law is subject to multiple
interpretations
C A P I T A L
Non Corporate Enterprise in India 58 Million
Provide employment 128 Million
Non corporate enterprise in Rural area 60%
Contribution to Indian GDP 45%
The most employment-intensive sector of the economy gets the least credit
PRADHAN MANTRI MUDRA YOJANA AND THE MUDRA BANK
GOI indicated that all banks are required to lend to micro enterprises engaged in manufacturing, processing,
trading and service sector activities, for a loan upto INR 10 lakh. Further, it was also advised that the loan may
be given in three categories, i.e. Loan upto INR 50,000 under Shishu; INR 50,000 to INR 5 lakh under Kishor;
and INR 5 lakh to INR 10 lakh under Tarun
Source: http://www.mudra.org.in/
FACILITATING INVESTMENTS THROUGH
FIRST DEVELOP INDIA
• Investor facilitation cell established to provide support for all investment queries and for providing handholding
and liasioning services to investors
• Dedicated Japan Plus Cell established to facilitate and speed up investment proposals and augment economic
ties between India and Japan
• Dedicated desk established to facilitate and speed up investment proposals and augment economic ties
between India and Korea, China, Canada, the US
• E biz portal
• Checklist with specific time-lines has been developed for processing all application filed by foreign investors in
case relating to Retail / NRI / EOU.
• Investments in LLP opened up to foreign investors in specific sectors
C O N T R A C T
E N F O R C E M E N T
INSOLVENCY AND BANKRUPTCY CODE, 2016
• Company in India typically takes four years, or twice as long as in
China and Russia, with an average recovery of 25.7 cents on the
dollar, one of the worst rates in emerging markets
• This law seeks to cut down the time to less than a year. This will not
only improve the ease of doing business in India, but also facilitate
a better and faster debt recovery mechanism in the country
• This Law promises to make it easier to wind up a failing business
and recover debts
ENFORCING CONTRACTS INITIATIVE
• The Arbitration and Conciliation Act has been
amended to reduce the time taken in
arbitration proceedings and grounds on which
an award may be challenged
• Commercial Appellate Division Bench and
Commercial Division Benches are functioning
in Bombay High Court and Delhi High Court
O T H E R I N I T I A T I V E S
MAKE IN INDIA
• Launched in September 2014, the “Make in India” initiative aims is to build best-in-class manufacturing
infrastructure by enabling investments, boosting innovation, encouraging skill development and
strengthening intellectual property protection
• Achievements till Date:
• In first half of 2015, FDI inflows to the manufacturing sector were more than three times those
recorded in first half of 2014
FOCUS ON URBANIZATION THROUGH CREATION OF SMART CITIES
• Launched in September 2014, This initiative is expected to boost the real estate, technology, media and
telecom (TMT) and construction sectors. In the construction sector, the Government has allowed 100% FDI
under the automatic route and reduced the minimum capital requirement to US$5m from US$10m
DIGITAL INDIA INITIATIVE
• Under the “Digital India” initiative, also known as “e-Kranti,” the
Government aims to provide digital access to all citizens in both urban
and rural areas. The initiative is expected to add US$1t to the economy
by 2025
• Achievements till Date:
• Technology giant, CISCO, has announced plans to invest US$1.7b in
2015 in areas such as R&D and innovation with a keen focus on
collaborating with the leading cap in its “Digital India” initiative
• US based technology company, EMC, also plans to invest heavily in
India, as it eyes new opportunities arising due to the initiative in
areas such as software development
START-UP & STAND-UP INDIA
WHAT STARTUPS MEANS
STARTUP INDIA
ACTION PLAN
PRADHAN MANTRI JAN DHAN YOJANA INITIATIVE
• To provide banking and financial services to all sections of the society in an
affordable manner.
• Achievements till Date:
• According to the Guinness Book of World Records, this campaign is the world’s
largest financial inclusion mission
• Within a period of 15 months, as of December 2015, the Government has
opened more than 195m bank accounts
SWACHH BHARAT ABHIYAN INITIATIVE
• Focused on building and improving sanitation facilities, clean and
adequate water supply and waste disposal facilities in India
• Achievements till Date:
• The objective is to create a clean India by 2 October 2019
• The programs could add between US$26b to US$35b to the
economy by 2019 through involvement of many private players
Technology
EASE OF DOING BUSINESS THROUGH
Will Technology take away our work?
TECHNOLOGY TRANSFORMATION will not be WORK
DESTROYER rather will be a WORK CREATOR
Transformation from
Stock Market – Out-Cry-System
Transformation from
Physical Share Certificates to Demated shares
MCA21 : Paper based operations to paper less
environment
Out of Total 14 Lacs Companies incorporated
in India, near to 6 Lacs Companies
incorporated in last 8 years
over 100 Years and 8 Years
Time Period No. of Companies Incorporated in India
Over 100 Years till 2006 795527
Last 10 Years (Approx) 600000
Mindset
EASE OF DOING BUSINESS THROUGH
How you can
create your own
business ?
SOME TOOK THE INITIATIVE TO WORK
OUTSIDE THEIR DOMAIN
SOME TOOK THE INITIATIVE TO WORK OUTSIDE THEIR DOMAIN
CASE STUDY : INDIA FILINGS
• Who founded Indiafilings.com?
– CA
– CS
– Advocate
Founder : CHARLES LIONEL
Holds Master Degree in Airline
Management
EASY START AND GROW YOUR BIZ
WHY NOT
YOU ?
I F T H E Y C A N
LOST IN LIF E?
L O S T A B O U T W H E R E Y O U S H O U L D
H E A D F O R N U R T U R I N G A N I D E A ?
Pretty Confused where
to go next ?
5 ESSENTIAL ELEMENTS OF SUCCESS
BEFORE YOU START
Your
Startup
Target
Audience
Size of
Users
Business
Size
B2B OR
B2C
Competitor
Analysis
CHOOSE
THE RIGHT
NEED
ALL IT TAKES IS
AN
INNOVATION
THAT MAKES
YOU AN ODD
OUT
OF ALL THE
EVENS IN THE
MARKET.
More CS with the
right skills
Workplace need to be
your second home
Think Entrepreneur &
Be Entrepreneur
Accelerate the growth of CS Ecosystem
ICSI ACCELERATION CENTER
To encourage budding practicing company secretaries to set up with Government of India
Start-up, Standup India ventures, ICSI has setup its launched CS Acceleration Centre in
Kolkota.
O B S T R U C T I O N S
I N D O I N G B U S I N E S S
I N I N D I A
• Higher transactions cost
• Procedural bottlenecks
• Complex Taxation system
• Non availability of finance
• Interface with Bureaucracy
CHANGE
IS
IMPORTANT
“YOU NEED THREE THINGS TO CREATE A SUCCESSFUL STARTUP :
TO START WITH GOOD PEOPLE,
TO MAKE SOMETHING CUSTOMERS ACTUALLY
WANT,
AND TO SPEND AS LITTLE MONEY AS POSSIBLE.”
SUCCESS MANTRA - 1
BY: PAUL GRAHAM
WHETHER PROFESSIONALS CAN GRASP SUCH
CHANGES??
HAVE PRIDE IN HOW FAR YOU
HAVE COME
HAVE FAITH IN HOW FAR YOU
CAN GO
SUCCESS MANTRA - 2
DON’T BE AFRAID
OF
CHANGE
IT IS LEADING YOU TO
NEW BEGINNING
SUCCESS MANTRA - 3
"IT IS NOT THE STRONGEST OR THE MOST
INTELLIGENT WHO WILL SURVIVE BUT THOSE
WHO CAN BEST MANAGE CHANGE."
--CHARLES DARWIN
SUCCESS MANTRA - 4
DEAR PAST,
THANKS FOR ALL THE
LESSONS.
DEAR FUTURE,
I’M READY……
SUCCESS MANTRA - 5
THE IMPACT: A MODERN TOMORROW
A BETTER NATION
TO NEW
INDIA
W E L C O M E S Y O U
2016
C O N N E C T
W I T H
M E
/pkvijay
/pkvijay
/pkvijay
Thank You
PAVAN KUMAR VIJAY

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EASE OF DOING BUSINESS IN INDIA

  • 1. E A S E O F D O I N G B U S I N E S S I N I N D I A F A C I L I T A T I O N S A N D O B S T R U C T I O N S
  • 2. INDIA IS THE SEVENTH LARGEST COUNTRY BY AREA AND THE SECOND -MOST POPULOUS COUNTRY IN THE WORLD ECONOMY OF INDIA IS THE SEVENTH LARGEST IN THE WORLD BY NOMINAL GROSS DOMESTIC PRODUC T THIRD LARGEST BY PURCHASING POWER PARITY A DEVELOPING ECONOMY WITH AN AVERAGE GROWTH RATE OF APPROXIMATELY 7% OVER THE LAST 2 DECADES
  • 3. We have a million problems, but at the same time we have over a BILLION minds. Mr. Narendra Modi Prime Minister of India
  • 5. How to boost employment rate of India ?
  • 7. EQUATION OF A EASE OF DOING BUSINESS Starting a business Dealing with construction permits Getting electricity Registering property Getting credit Protecting minority investors Paying taxes Trading across borders Enforcing contracts Resolving insolvency Labor market regulation 130
  • 8. Internal External Job Seeker Job Provider Business Setup Investments 3 C Model• Standup and Startup India Government Private Importance of Ease of Doing Business in India • Provide Employment • Attract Investment • Bring Technology • Innovation • Solutions to Problems • Develop Economy • Raises standard of living Compliances Capital Contract Enforcement
  • 9. WAYS TO IMPROVE EASE OF DOING BUSINESS Mindset Technology System & Process
  • 10. System & Process EASE OF DOING BUSINESS THROUGH
  • 11. C O M P L I A N C E S Unnecessary compliances have been removed and a lot of permissions can be obtained online
  • 12. • Proposed around 100 amendments on 16th March, 2016, some are highlighted below: • Change in definition of small companies - Many more companies will get into the ambit of ‘small company’ and get benefits • Deletion of provisions regarding the restrictions on layers of investment companies - This eases the structuring of group companies and inter-co investments • Simplification of private placement - This will be a big relief for many startups. The Offer Letter was like a shorter version of public offer documents (DRHP) COMPANIES (AMENDMENT) BILL 2016
  • 13. • Issue of sweat equity shares by a newly incorporated company - With a view to encourage the emerging startups and entrepreneurs the company may now issue sweat equity shares after its incorporation without waiting for one year • Annual Return - This reduces paperwork and makes for easier compliances • Meeting through video conferencing or other means - This is certainly ease of doing business COMPANIES (AMENDMENT) BILL 2016 (CONT.)
  • 14. SIMPLIFICATION IN ADMINISTRATION OF LABOUR LAWS • Government launched an online portal shram Suvidha with focus: • Ease of reporting at one place for various labour laws • Consolidated information of labour inspection and its enforcement • Allotment of Labour Identification number to units to facilitate online registration and filing of returns • Real time registration with Employee State Insurance Corporation (ESIC) and Employee Provident Fund Organization (EPFO)
  • 15. SIMPLIFYING OPERATION OF BUSINESS IN INDIA • Curbing the need of consent to establish / NOC letter letter for new electricity connections • Online application and monitoring for environmental and forest clearances • Simplification in obtaining Industrial Licenses • Reduction in the mandatory documents required for import and export of goods from 7 to 3
  • 16. NATIONAL COMPANY LAW TRIBUNAL (NCLT) • The setting up of the NCLT and NCLAT are part of the efforts to move to a regime of faster resolution of corporate disputes, thus improving the ease of doing business in India • NCLT and NCLAT will also pave the way for the faster implementation of the bankruptcy code • It is expected to reduce the burden on courts
  • 17. GST • GST will ensure one tax in the entire country. • It will result in seamless transfer of goods and services in the country • Taxes and inflation will remain low • People will spend less in buying essential goods • Eliminate the cascading effect of taxes on customers which will bring efficiency in product costs
  • 18. SECRETARIAL STANDARD BOARD INITIATIVE • Giving democratic and transparent consultative process paves the way for effective implementation of legal mandate 14 Lakhs Companies in India 1 Lakhs Professionals 10 Lakhs Professional Opinions
  • 19. BENEFITS SECRETARIAL STANDARD BOARD • Strengthening the Board Processes • Reduces ambiguity • Increase in Confidence of Investors • Corporate Governance • Transparency • Reduction of non-compliances • To resolve the issues where the law is subject to multiple interpretations
  • 20. C A P I T A L Non Corporate Enterprise in India 58 Million Provide employment 128 Million Non corporate enterprise in Rural area 60% Contribution to Indian GDP 45% The most employment-intensive sector of the economy gets the least credit
  • 21. PRADHAN MANTRI MUDRA YOJANA AND THE MUDRA BANK GOI indicated that all banks are required to lend to micro enterprises engaged in manufacturing, processing, trading and service sector activities, for a loan upto INR 10 lakh. Further, it was also advised that the loan may be given in three categories, i.e. Loan upto INR 50,000 under Shishu; INR 50,000 to INR 5 lakh under Kishor; and INR 5 lakh to INR 10 lakh under Tarun Source: http://www.mudra.org.in/
  • 22. FACILITATING INVESTMENTS THROUGH FIRST DEVELOP INDIA • Investor facilitation cell established to provide support for all investment queries and for providing handholding and liasioning services to investors • Dedicated Japan Plus Cell established to facilitate and speed up investment proposals and augment economic ties between India and Japan • Dedicated desk established to facilitate and speed up investment proposals and augment economic ties between India and Korea, China, Canada, the US • E biz portal • Checklist with specific time-lines has been developed for processing all application filed by foreign investors in case relating to Retail / NRI / EOU. • Investments in LLP opened up to foreign investors in specific sectors
  • 23. C O N T R A C T E N F O R C E M E N T
  • 24. INSOLVENCY AND BANKRUPTCY CODE, 2016 • Company in India typically takes four years, or twice as long as in China and Russia, with an average recovery of 25.7 cents on the dollar, one of the worst rates in emerging markets • This law seeks to cut down the time to less than a year. This will not only improve the ease of doing business in India, but also facilitate a better and faster debt recovery mechanism in the country • This Law promises to make it easier to wind up a failing business and recover debts
  • 25. ENFORCING CONTRACTS INITIATIVE • The Arbitration and Conciliation Act has been amended to reduce the time taken in arbitration proceedings and grounds on which an award may be challenged • Commercial Appellate Division Bench and Commercial Division Benches are functioning in Bombay High Court and Delhi High Court
  • 26. O T H E R I N I T I A T I V E S
  • 27. MAKE IN INDIA • Launched in September 2014, the “Make in India” initiative aims is to build best-in-class manufacturing infrastructure by enabling investments, boosting innovation, encouraging skill development and strengthening intellectual property protection • Achievements till Date: • In first half of 2015, FDI inflows to the manufacturing sector were more than three times those recorded in first half of 2014
  • 28. FOCUS ON URBANIZATION THROUGH CREATION OF SMART CITIES • Launched in September 2014, This initiative is expected to boost the real estate, technology, media and telecom (TMT) and construction sectors. In the construction sector, the Government has allowed 100% FDI under the automatic route and reduced the minimum capital requirement to US$5m from US$10m
  • 29. DIGITAL INDIA INITIATIVE • Under the “Digital India” initiative, also known as “e-Kranti,” the Government aims to provide digital access to all citizens in both urban and rural areas. The initiative is expected to add US$1t to the economy by 2025 • Achievements till Date: • Technology giant, CISCO, has announced plans to invest US$1.7b in 2015 in areas such as R&D and innovation with a keen focus on collaborating with the leading cap in its “Digital India” initiative • US based technology company, EMC, also plans to invest heavily in India, as it eyes new opportunities arising due to the initiative in areas such as software development
  • 33. PRADHAN MANTRI JAN DHAN YOJANA INITIATIVE • To provide banking and financial services to all sections of the society in an affordable manner. • Achievements till Date: • According to the Guinness Book of World Records, this campaign is the world’s largest financial inclusion mission • Within a period of 15 months, as of December 2015, the Government has opened more than 195m bank accounts
  • 34. SWACHH BHARAT ABHIYAN INITIATIVE • Focused on building and improving sanitation facilities, clean and adequate water supply and waste disposal facilities in India • Achievements till Date: • The objective is to create a clean India by 2 October 2019 • The programs could add between US$26b to US$35b to the economy by 2019 through involvement of many private players
  • 35. Technology EASE OF DOING BUSINESS THROUGH
  • 36. Will Technology take away our work?
  • 37. TECHNOLOGY TRANSFORMATION will not be WORK DESTROYER rather will be a WORK CREATOR
  • 38. Transformation from Stock Market – Out-Cry-System
  • 39. Transformation from Physical Share Certificates to Demated shares
  • 40. MCA21 : Paper based operations to paper less environment
  • 41. Out of Total 14 Lacs Companies incorporated in India, near to 6 Lacs Companies incorporated in last 8 years over 100 Years and 8 Years Time Period No. of Companies Incorporated in India Over 100 Years till 2006 795527 Last 10 Years (Approx) 600000
  • 42. Mindset EASE OF DOING BUSINESS THROUGH How you can create your own business ?
  • 43. SOME TOOK THE INITIATIVE TO WORK OUTSIDE THEIR DOMAIN SOME TOOK THE INITIATIVE TO WORK OUTSIDE THEIR DOMAIN
  • 44. CASE STUDY : INDIA FILINGS • Who founded Indiafilings.com? – CA – CS – Advocate Founder : CHARLES LIONEL Holds Master Degree in Airline Management
  • 45. EASY START AND GROW YOUR BIZ
  • 46. WHY NOT YOU ? I F T H E Y C A N
  • 47. LOST IN LIF E? L O S T A B O U T W H E R E Y O U S H O U L D H E A D F O R N U R T U R I N G A N I D E A ?
  • 49. 5 ESSENTIAL ELEMENTS OF SUCCESS
  • 50. BEFORE YOU START Your Startup Target Audience Size of Users Business Size B2B OR B2C Competitor Analysis
  • 52. ALL IT TAKES IS AN INNOVATION THAT MAKES YOU AN ODD OUT OF ALL THE EVENS IN THE MARKET.
  • 53. More CS with the right skills Workplace need to be your second home Think Entrepreneur & Be Entrepreneur Accelerate the growth of CS Ecosystem
  • 54. ICSI ACCELERATION CENTER To encourage budding practicing company secretaries to set up with Government of India Start-up, Standup India ventures, ICSI has setup its launched CS Acceleration Centre in Kolkota.
  • 55. O B S T R U C T I O N S I N D O I N G B U S I N E S S I N I N D I A
  • 56. • Higher transactions cost • Procedural bottlenecks • Complex Taxation system • Non availability of finance • Interface with Bureaucracy
  • 58. “YOU NEED THREE THINGS TO CREATE A SUCCESSFUL STARTUP : TO START WITH GOOD PEOPLE, TO MAKE SOMETHING CUSTOMERS ACTUALLY WANT, AND TO SPEND AS LITTLE MONEY AS POSSIBLE.” SUCCESS MANTRA - 1 BY: PAUL GRAHAM
  • 59. WHETHER PROFESSIONALS CAN GRASP SUCH CHANGES?? HAVE PRIDE IN HOW FAR YOU HAVE COME HAVE FAITH IN HOW FAR YOU CAN GO SUCCESS MANTRA - 2
  • 60. DON’T BE AFRAID OF CHANGE IT IS LEADING YOU TO NEW BEGINNING SUCCESS MANTRA - 3
  • 61. "IT IS NOT THE STRONGEST OR THE MOST INTELLIGENT WHO WILL SURVIVE BUT THOSE WHO CAN BEST MANAGE CHANGE." --CHARLES DARWIN SUCCESS MANTRA - 4
  • 62. DEAR PAST, THANKS FOR ALL THE LESSONS. DEAR FUTURE, I’M READY…… SUCCESS MANTRA - 5
  • 63. THE IMPACT: A MODERN TOMORROW A BETTER NATION
  • 64. TO NEW INDIA W E L C O M E S Y O U 2016
  • 65. C O N N E C T W I T H M E /pkvijay /pkvijay /pkvijay Thank You PAVAN KUMAR VIJAY