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BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) | MUMBAI, INDIA        MARCH 2019 | VOLUME: 7 • ISSUE NO. 12 • `15/-

R.N.I. No. MAHENG/2012/47145
Postal Registration No. MCS/153/2019-21 • MR/Tech/WPP-355/South/2019
Published on 1st (Day) of every month • Posted at Patrika Channel Sorting Office, Mumbai - 400001 • Posting date: 3rd & 4th of every month
                                                                                                                                             FORUM VIEWS

                                                                                                                                                                   BBF GLOBAL CONNECTS' SOUTH KOREA | JAPAN
                                                                                                                                              INSIDE               28th January - 1st February 2019
                                                                                                                                                                                             In support with

56
                                                                                                                                                                                                                                 Tokyo, Japan
FORUM VIEWS - BSE Brokers' Forum
BOMBAY STOCK EXCHANGE BROKERS’
               GOVERNING BOARD 201
                      FORUM (BBF) GOVERNING BOARD 2018 - 19
                                          EXECUTIVE COMMITTEE

        Uttam Bagri     Anurag Bansal     Purav Fozdar   Harin Mehta     Kamlesh D Shroff      Lalit Mundra
         Chairman       Vice-Chairman       Secretary    Jt. Secretary      Treasurer          Jt. Treasurer

                                      GOVERNING BOARD MEMBERS

           Anjana            Anup            Arpit          Ashok            Hemant               Hemant
         Vijay Shah          Gupta          Agarwal         Ajmera            Desai               Majethia

            Jay          Jitendra Kumar      Ketan          Kishor           Kushal               Madhavi
         Toshniwal            Panda         Marwadi        Kansagra          A. Shah               Vora

         Mahavir             Mehul           Naresh          Nirav
         Lunawat             Patel            Rana          Gandhi

                                                                                       BOMBAY STOCK EXCHANGE
           Nithin            Parth           Rajiv        Virender                     BROKERS' FORUM (BBF)
          Kamath             Nyati          Choksey      Mansukhani                    OFFICIAL MASCOT

2   3                                                                                   FORUM VIEWS - MARCH 2019
FORUM VIEWS - BSE Brokers' Forum
MARCH  2019
                                                 MARCH 2019 CONTE
                                                            CONTENTS

06             CEO & COO DESK
                                                                                                                   40             UNIFIED REGULATORY AUTHORITY
                                                                                                                                  FOR IFSC - INTERNATIONAL FINANCIAL
                                                                                                                                  SERVICES CENTRES AUTHORITY

07             BBF GLOBAL CONNECTS -
               ONE BBF ONE WORLD
                                                                                                                   42             BUDGET- ARE WE GETTING
                                                                                                                                  RICH OR POOR?
14             BULLS & BEARS: NFRA - THE NEW
               WATCHDOG FOR ACCOUNTANCY
               AND AUDIT PRACTICES
                                                                                                                   43             ARTICLE ON: EMPLOYEES
                                                                                                                                  PROVIDENT FUND

20             THE UNDERPINNINGS OF
               EMPLOYMENT CREATION
               IN INDIA: AN OVERVIEW
                                                                                                                   46             CEO 4.0 EMPATHY : KEY TO
                                                                                                                                  FULFILLING RELATIONSHIPS -
                                                                                                                                  PERSONAL OR PROFESSIONAL
22             S&P BSE SENSEX DURING
               THE MODI ADMINISTRATION’S
               BUDGET SESSIONS
                                                                                                                   48             SEMINARS & EVENTS CONDUCTED
                                                                                                                                  BY BBF FOR THE PROGRESS OF
                                                                                                                                  JANUARY - FEBRUARY 2019
24            ENTERPRISE SOFTWARE OPTIONS:
              LEGACY VS. CLOUD PART 2

26            ASIA-PACIFIC MARKETS
              MONTHLY HIGHLIGHTS
                                                                                                                   50             PHILOSOPHY & SELF MANAGEMENT:
                                                                                                                                  SCULPT YOUR FUTURE
              AND INSIGHTS

30            COMPLIANCE CALENDAR
              MARCH 2019
                                                                                                                   51             WELLNESS Q&A:
                                                                                                                                  OSTEOPOROSIS

32             REGULATORY
               PULSE
                                                                                                                   52             HEALING INSTITUTE:
                                                                                                                                  CILANTRO: THE 'SUPER HERB’

34             CIRCULARS
                                                                                                                   54             FITNESS CLINIC: TOBACCO & DIABETES:
                                                                                                                                  AN UNDERCOVER RELATIONSHIP?

                BSE Brokers’ Forum Steering Committee                                                               Printed, Published and Edited by Dr. VISPI RUSI BHATHENA, PhD (h.c.)
                         Uttam Bagri (Chairman)                                                                         & Dr. V. ADITYA SRINIVAS on behalf of BSE BROKERS' FORUM,
                                                                                                                            printed at KSHITIJ PRINTERS, 49, Parsi Panchayat Road,
                    Anurag Bansal (Vice - Chairman)
                                                                                                                         Ashok Ind. Estate, 1st, Floor, Andheri (East) Mumbai - 400 069.
                        Purav Fozdar (Secretary)                                                                               and published from BSE BROKERS' FORUM, 808 A,
                      Harin Mehta (Jt. Secretary)                                                                          P. J. TOWERS, DALAL STREET, FORT, MUMBAI - 400 001.
                      Kamlesh D Shroff (Treasurer)                                                                                       Editor: Dr. V. ADITYA SRINIVAS
                       Lalit Mundra (Jt. Treasurer)                                                                      Design by: Harshad Gajera | Photographer: Sanjeev Dubey

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Disclaimer: This magazine is meant for information purposes only and does not constitute any opinion or guidelines or recommendation on any course of action to be followed by the reader(s). It is not intended to be used
as trading or investment advice by anybody and should not in any way be treated as a recommendation. The information contained in this magazine does not constitute or form part of and should not be construed as, any
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4                                                                                                                                                                                       FORUM VIEWS - MARCH 2019                      5
FORUM VIEWS - BSE Brokers' Forum
ceo & coo message                                                                                                                   BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF)

                                                                                                                                        CONNECTS'
                                                                                                                                        SOUTH KOREA
                                                                     The US Federal Reserve in its meeting held on 31st
                                                                     January 2019 also indicated that they are not in any
                                                                     hurry to increase interest rates in the USA. This will give
                                                Dr. Vispi Rusi                                 a new life line to the global
                                                Bhathena,                                      capital markets; the FII's in
                                                PhD (h.c.)
                                                                                               Indian markets have invested

Welcome
                                                                                               Rs. 6000 crores in the first

                                                                                                                                             JAPAN
                                                                                               week of February and thus they
                                                                                               have turned net buyers. The
                                                                                               year 2018 saw that despite FII's
                                                                                                                                        AND
                                                                                               being net sellers to the tune of
                                                                                               Rs. 32000 crores, the BSE
       to Forum Views magazine.                                                                SENSEX gave 5.6% return as
       INTERIM BUDGET - tried to place money into                    Dr. Aditya Srinivas
                                                                                               the Indian Mutual Funds
       common man’s hand!                                            invested Rs. 1,20,000 crores. This shows that the Indian
                                                                     stock markets have become independent as retail
       The Interim Budget 2019 tried to touch various segments       investors are putting money through SIP (Systematic
       of the economy especially the common man. The key             Investment Plan) and thus contributing into the growth
       features which attracted the attention were the increased     of the Indian stock markets.
       income tax exemption limit from current Rs. 2.5 lakhs to
       Rs. 5 lakhs. This would put more money into the hands of
       the common man for demand and consumption and thus            On the BBF Front:
       contribute to the GDP growth of the country.
                                                                     BBF - Representations
       The other features like SME having GST number would            Date    Topic                           Represented To
       be getting 2% interest subvention loan till Rs. 1 crore, it   14 Jan   Reporting of auction and             SEBI
       will also help SME segment to get credit and thus create               pay-in/payout shortages data
       jobs at the grass root level.                                          Further suggestions and
                                                                              request for a review meeting
       The SME companies have also been given the preference
       in all the Government projects where the 25% of the           BBF - Seminars and Events
       procurement will have to be done from the SME
       companies. This will give lots of business opportunity for     Date      Topic
       the SME companies and thus add to their business and          13 Feb       Seminar on Surveillance Measures including
       help the economy grow. SME's contribute around 40% of                      GSM/ASM (With BSE Ltd.) | Mumbai
       the total exports and around 45% of the total production
                                                                     22 Feb       Investment Outlook 2019 | Ahmedabad
       is done by the SME segment.
                                                                     15 & 18 Feb CAMP for Single Registration (With BSE Ltd.)

         The Interim Budget 2019                                     BBF - Investor Education & Awareness Initiatives
                                                                              Institutions
            tried to touch various                                    Date
                                                                     15 Jan   South Indians' Welfare Society College
          segments of the economy                                    16 Jan   South Indians' Welfare Society College
                                                                              (Batch 1-2)
        especially the common man.                                   16 Jan   Lala Lajpat Rai College of Commerce
                                                                              and Economics
       The defense budget has been extended to Rs. 3 lakh            21 Jan   Laxmichand Golwala College of Commerce &
       crores which will also give lots of impetus to "MAKE IN                Economics (Batch 1-2)
       INDIA" and thus create lakhs of jobs in the                   22 Jan   P. P. Savani University (Batch 1-3)
       manufacturing segment. This will also save precious           23 Jan   SDJ International College (Batch 1-4)
       foreign exchange of the country and thus contribute to        28 Jan   M. L. Dahanukar College of Commerce
       making the Balance of Payment very strong. The                         (Batch 1-4)
       "BRAND INDIA" will also get boost from this and thus                   Lala Lajpat Rai Institute of Management
                                                                     29 Jan
       create many jobs at the grass root level.
                                                                              (Batch 1-2)
                                                                     30 Jan   A. E. Kalsekar Degree College of Arts
       RBI has reduced the Repo Rate from 6.5% to 6.25%
       which will reduce the cost of capital and thus contribute              Science and Commerce
       on the consumption side and also on the credit off-take       4 Feb    Oriental College of Education (Batch 1-4)
       side. The reduced cost of borrowing would also include        5 Feb    Vivek College of Commerce (Batch 1-3)
       corporates to expand and thus create jobs in the              6 Feb    K. J. Somaiya College of Arts and Commerce
       economy. The CPI data has still reduced from 2.19% to                  (Batch 1-4)
       2.05% and rise in Index of Industrial Production (IIP)
       data from 0.5% to 2.4% as the manufacturing expanded
                                                                     11 Feb   Jashbhai Maganbhai Patel College of
                                                                              Commerce (Batch 1-4)
                                                                                                                                       28th - 30th January 2019, South Korea | 31st January - 1st February 2019, Japan
       to 2.7% thus raising hopes that the demand in the             12 Feb   SVKM's Narsee Monjee Institute of
       manufacturing segment is rising. The reduced CPI and
       the increased IIP index will further give room to RBI to
                                                                              Management Studies - NMIMS                                                               In support with
                                                                     13 Feb   South Indians' Welfare Society College
       reduce the interest rates in the coming months and thus
                                                                     13 Feb   PU's Education Services (Batch1-2)
       stimulate the economy.
                                                                                                                                                                                                     Tokyo, Japan
6                                                                                                    FORUM VIEWS - MARCH 2019
                                                                                                                                   7
FORUM VIEWS - BSE Brokers' Forum
BBF GLOBAL    CONNECT
                       BBF GLOBAL CONNECTS’                                                                                                           BBF GLOBAL    CONNECT
                                                                                                                                                             BBF GLOBAL CONNECTS’
              Bombay Stock Exchange Brokers’ Forum (BBF) Connects Tour                                                                  HIGHLIGHTS
                       South Korea and Japan - January 2019                                                                             • Program was supported by both the Indian Embassy in Seoul and the Indian Embassy in Tokyo. The Indian
                                                                                                                                          ambassadors at both places took personal interest in the outreach program.
BACKGROUND
The growth of the Indian economy requires Capital infusion at all levels, from smaller businesses to larger                             • The Seoul seminar saw around 125 attendees, while the Tokyo seminar had around 80 attendees. The
infrastructural projects. Foreign Portfolio Investors (FPI) and Foreign Direct Investors (FDI) are an important                           interest was more than envisaged by the local support partners themselves.
source of inflow for this capital.
Various Indian entities including government, businesses and intermediaries approach potential investors
throughout the world. However, the list of such potential investors is not readily available and this leads to lots of hits
and misses.
The Bombay Stock Exchange Brokers Forum (BBF) is one of the apex trade bodies of the securities firms in India.
BBF is also a member of various international forums like Asia Securities Forum (ASF), International Council of
Securities Associations (ICSA) and International Forum for Investor Education (IFIE). At these forums, we are in
touch with local financial market bodies of various jurisdictions around the world.
Using the rapport and relations built with these members, BBF has embarked upon a mission to target potential
investors of various jurisdictions who would be interested in investing in Indian assets. We began our journey with
South Korea and Japan.                                                                                                                  KEY OBSERVATIONS

In case of South Korea, we partnered with Korea Financial Investment Association (KOFIA), the Self-Regulatory                           • Securities firms in South Korea and Japan follow an omnibus structure where the client’s funds and
Organization (SRO) of securities firms and asset management companiesof South Korea.In case of Japan, we                                  securities are held by the securities firms and they invest in dozens of other jurisdictions in the name of the
partnered with Japan Securities Dealers Association (JSDA), the SRO of securities firms in Japan.                                         securities firm without needing to register their final clients.
FORMAT OF THE BBF CONNECTS TOUR                                                                                                         • Among the High Net-worth Individual (HNI)’s of foreign jurisdictions, there is a significant resistance in
The tour was conducted in the last week of January 2019. The format followed in both the countries was:                                   registering with the income tax authority of any other country and therefore they find taking Indian
                                                                                                                                          Permanent Account Number (PAN) extremely challenging.
Day 1 - Public seminar
Day 2 - One to one meetings of the attendees with the delegates                                                                         • There is a general perception that Indian Markets are very complex and most attendees had opinions of
                                                                                                                                          Indian Markets which were dated. Most were not aware of the latest structures and regulations and
The venues were the KOFIA conference room at Seoul, South Korea and JSDA conference room at Tokyo, Japan.
                                                                                                                                          some queries were very basic.
All attendees were invited by our local partners viz. KOFIA and JSDA, since their understanding of the home market
would be deeper than any other agency.
                                                                                                                                        • There were many tax related queries. The attendees were happy to be made aware of the Indian Double Tax
                                                                                                                                          Avoidance Treaty (DTAA) with South Korea and Japan and the benefits under the same.
INDIAN DELEGATION
                                                                                                                                        • The ageing population and very low interest rates in both the countries lead to most attendees being highly
The Indian delegation consisted of office bearers of BBF, an Indian Custodian, an Indian Tax expert, an Indian Mutual
Fund representative and a Stock Exchange representative. Attempt was made to have a composition that covered                              curious of the higher interest rates in India combined with a young population.
the entire gamut of investing in India with a particular emphasis on Indian Capital and Financial Markets.                              • The option of coming in the International Financial Services Centre (IFSC) at Gujarat International Finance
                                                                                                                                          Tec-City (GIFT) was very much appreciated. However, the interest towards investing in Indian Equities
INDIAN Delegation along with KOFIA representatives at Seoul (28-Jan-2019)
                                                                                                                                          rather than Derivative instruments was more.
                                                                                                                                        • There was repeated interest shown in investing in Indian Fixed Income Securities starting with Indian
                                                                                                                                          Government Securities and queries on the how were commonplace. There were also queries on style and
                                                                                                                                          manner of hedging the currency risks.
                                                                                                                                        • Some foreign entities who had ventured into India in the past have not had a good experience primarily
                                                                                                                                          because of lack of local domain knowledge. However, they are still open to consider India once more.
                                                                                                                                        • Interest was shown by entities in setting up their Indian operations either in form of 100% owned
                                                                                                                                          subsidiaries or taking strategic (open to both majority or minority) stakes in Indian financial firms.
  Indian delegation - left to right (Mr. Myungsoo Sim -KOFIA, Mr. Vinay Purohit -SHCIL, Mr. Ujwal Damani -BBF, Mr. V. Bala-India INX,   • Both the countries are happy to promote listing of Indian Securities on their market with special interest
Mr. R. Anand -SHCIL, Mr. Uttam Bagri -Chairman BBF, Mr. Young Won Kwon -Chairman KOFIA, Mr. GaurabParija -IDFC AMC, Mr. Anurag            shown for Japanese Securities Receipts (JDR)
 Bansal -Vice Chairman BBF, Mr. Vineet Potnis -SHCIL, Mr. Sangchul Park -KOFIA, Mr. Manoj Purohit -Deloitte, Ms. Hanni Kang -KOFIA)

8                                                                                                           FORUM VIEWS - MARCH 2019    9                                                                                          FORUM VIEWS - MARCH 2019
FORUM VIEWS - BSE Brokers' Forum
BBF GLOBAL    CONNECT
                      BBF GLOBAL CONNECTS’                                                                                                  BBF GLOBAL    CONNECT
                                                                                                                                                   BBF GLOBAL CONNECTS’
SUGGESTIONS                                                                                                                                                     SOME LIGHT MOMENTS
- The omnibus account structure is used by many participants for many jurisdictions. India must consider creating                   28th January | Korea | Seminar & Dinner with Ambassador at Republic Day Function
  some midway to take care of (KYC) requirements and at the same time not disrupt the existing style of operations
  of the foreign entities, esp. for well regulated entities in countries like South Korea and Japan.
- The level of understanding and knowledge of the Indian Capital Markets is woefully inadequate. More frequent
  knowledge sessions and reach outs are essential for potential investors to get excited about India and consider
  India as a serious Investment option.

OUR MESSAGE TO POTENTIAL FORIEGN INVESTORS
At all levels of interactions, the delegation stressed upon the need for all global firms to setup dedicated Indian
investment teams with local talent to the extent possible for higher chances of success.

SPECIFIC DEALS UNDER DISCUSSION
- One large Asset Management Company in South Korea is contemplating setting up Mutual Fund Operations in
  India.
- A medium size securities firm in Japan is contemplating taking a minority stake in an Indian securities firm and
  using the same as a vehicle to route Japanese Investments into India
- Some Korean & Japanese firms are looking at investing into Indian Government Securities
- One Korean firm is looking at Real estate opportunities in India on a buy and rent model
The indicative size of above deals is in the range of USD 10 - 30 million

Going Ahead
We believe the above is a trickle which can become a flood if dealt well. It is critical that Foreign Investors in India get
right advice and earn reasonable returns since their experiences create a significant word of mouth message in their
rather tight-knit financial community.

BBF will continue its endeavors to improve awareness of Investment Opportunities in India in general and
Indian Capital Markets in particular in the above jurisdictions and more.

                 Indian Delegation with H.E. Smt. Sripriya Ranganathan, Ambassador of India to South Korea

                     Indian Delegation with H.E. Shri Sanjay Kumar Verma, Ambassador of India to Japan

10                                                                                                  FORUM VIEWS - MARCH 2019   11                                                                     FORUM VIEWS - MARCH 2019
FORUM VIEWS - BSE Brokers' Forum
BBF GLOBAL    CONNECT
            BBF GLOBAL CONNECTS’                                                                 BBF GLOBAL    CONNECT
                                                                                                        BBF GLOBAL CONNECTS’
       29th January | Korea | Visit to KSD & Networking Dinner                               31st January | Japan | Stock Exchanges visit, Seminar Networking Dinner

12                                                           FORUM VIEWS - MARCH 2019   13                                                                FORUM VIEWS - MARCH 2019
FORUM VIEWS - BSE Brokers' Forum
BULLS &&
                 Bulls BEARS
                         Bears                                                                                                                                                                      BULLS
                                                                                                                                                                                                       Bulls&&
                                                                                                                                                                                                             BEARS
                                                                                                                                                                                                               Bears
                                                                                                                                               auditing practices by auditors as well as bodies corporate were           clarifications / reply in order to support its proposal of constituting
 NFRA - THE NEW WATCHDOG FOR                                                                                                                   made, according to the 37th report4 of the Standing Committee on
                                                                                                                                               Finance dated December, 2016 several representations were
                                                                                                                                                                                                                         NFRA, taking into consideration the practices followed by
                                                                                                                                                                                                                         developed economies world over:
 ACCOUNTANCY AND AUDIT PRACTICES                                                                                                               made by the ICAI flagging of inter - aliathe following points of
                                                                                                                                                                                                                         a) The enforcement of the auditing standards and ensuring the
                                                                                                                                               concerns:
                                                                                                                                                                                                                            quality of audits moved from self-regulating bodies, in the
                                                                                                                                               a) Multiple Regulatory Bodies: Creating NFRA would result in                 wake of the accounting scams worldwide, to independent
 By Prachi Jain                                                                                                                                   two regulatory bodies (ICAI and NFRA) governing the same                  regulators like the Public Company Accounting Oversight
                                                                                                                                                  audit profession. This would result in duplication of efforts,            Board (PCAOB) and Financial Reporting Council (FRC) in the
 Advocate, RegStreet Law Advisors                                                                                                                 and add huge costs with no significant incremental benefits.              US and UK respectively. Other major countries have also
                                                                                                                                                  This would also change the self-regulated profession to an                followed suit. It was recognised in these jurisdictions that
                                                                       basis. Other than Satyam matter, only in 6 of these cases have             externally regulated body.                                                establishing regulators, independent ofthose it regulates,
In the wake of several high profile                                    the Members been found guilty and they have been                                                                                                     would strengthen the independence of audit firms, quality of
                                                                                                                                               b) The ICAI Context: A major objective for constitution of NFRA
 accounting scams, establishing                                        reprimanded or cautioned.
                                                                                                                                                  is to ensure that the functions of setting accounting and
                                                                                                                                                                                                                            audits, and enhance investor and public confidence in
                                                                     • 137 of 746 cases taken up for considered beyond the prima                                                                                            financial disclosures of companies.
       NFRA is necessary for                                           facie stage by the Disciplinary Committee/Board of Discipline              auditing standards as well as enforcement of the same are not
      enforcement of auditing                                          were based on complaints by government/regulatory                          carried out by the same body. It is important to note that like        b) World over, the number of independent audit regulators have
                                                                                                                                                                                                                            increasedover a period as one could see from the membership
                                                                                                                                                  the Securities and Exchange Board of India (“SEBI”) which is
    standards and ensuring the                                         agencies. The Committee found members guilty in 54 of these
                                                                       cases, of which in 5 cases, the Committee imposed a penalty                a body constituted by an act of the Parliament, performing                of International Forum of Independent Audit Regulators
quality of audits to strengthen the                                    of name removal for one year or more and/or fine.                          dual functions of laying down its own regulations and                     (IFIAR) which was established in 2006 by independent audit
                                                                                                                                                                                                                            regulators from 18 jurisdictions and now covers 51
   independence of audit firms,                                      Accordingly, it may be noticed that in various cases, ICAI failed
                                                                                                                                                  overseeing the enforcement of the same, similarly ICAI has
                                                                                                                                                  also been constituted by an act of the Parliament.                        jurisdictions (including PCAOB and FRC). IFIAR, inter alia,
           among others.                                             miserably in fulfilling its responsibility to even investigate into the                                                                                promotes international collaboration between the regulators.
                                                                     acts and affairs of the auditors and at a later stage to even punish           Accordingly, the constitution of NFRA needs to be re-                   The oversight structure of auditors within ICAI has not been
                                                                     and proceed against such defaulting auditors. Further, cases                   examined in the mentioned contexts where relevant                       recognized as independent by IFIAR and India is not

T
                                                                 1
      he Ministry of Corporate Affairs (“MCA”) videnotification                                                                                     mechanisms and units have been enabled by and/or within
                                                                     involving investigation by ICAI took long to conclude, due to which                                                                                    represented on this body.
      dated October 01, 2018 notified sub-section (1) and (12) of                                                                                   the ICAI organisation to deliver the twin objectives of robust
                                                                     the purpose behind the auditor(s) being investigated was
      section 132 of the Companies Act, 2013 (“Companies Act”                                                                                       policy making and unbiased enforcement in a timely manner.           c) SEBI had engaged M/s Oliver Wyman (OW), an international
                                                                     defeated altogether.
or the “Act”) with immediate effect. These sections empower the                                                                                                                                                             consultant to revisit the structural and organisational issues,
Central Government to constitute a National Financial Reporting      In various other cases, ICAI even failed to take preliminary action       c) Relevance of NFRA in the context of the Companies Act,                    re-prioritize areas of focus and to look at the technological and
Authority (“NFRA”) for making recommendations on accounting          on cases, which were referred by MCA, for examining the role of              2013: The objective of NFRA is to regulate audit quality and              manpower needs of SEBI. OW in its report hadinter-alia stated
policies and auditing standards to the Central Government. In        auditor and possible misconduct with regard to 132 listed                    protect public interest. These, in any case, are also the main            that "Currently the Institute of Chartered Accountants of India
view thereof, the MCA notified the National Financial Reporting      companies identified by SEBI for suspected abnormal price rise,              objectives of ICAI which strives to be a world class regulator.           (ICAI) is responsible for maintenance of accounting, auditing
Authority Rules, 2018 (“NFRA Rules”) videnotification2 dated         wherein such price rise was not supported by the fundamentals of                                                                                       and ethical standards. However the ICAI's oversight is
November 13, 2018 effective from November 14, 2018.Former                                                                                      d) Auditing Standards: ICAI as a world class regulator would be              passive in nature and with limited focus on active
                                                                     the companies. Such was the lethargic and irresponsive behavior
IAS officer Mr. Rangachari Sridharan was appointed as the first                                                                                   more aligned to market needs, international practices and                 investigations. In addition, oversight is rendered challenging
                                                                     of ICAI despite several reminders.
chairman of NFRA.                                                                                                                                 risks and to be able to define and improve auditing standards             given the large number of auditors in India (around 15000 vs
                                                                     It is relevant here to recall the scam in the matter of United Spirits       rather than NFRA.                                                         around 3000 in USA). Scope to enhance the quality of audit
WHY NFRA?                                                            Limited (USL) wherein fraud during the years 2010 to 2013 was                                                                                          has been recognised by multiple supervisory bodies including
                                                                                                                                               e) Disciplinary Mechanism: The Disciplinary Committee of
In the wake of several high profile accounting scams, establishing   detected pursuant to the forensic audit conducted by                         ICAI normally completes the process in a reasonable period of             SEBI, RBI and Comptroller & Auditor General of India. In the
NFRA is necessary for enforcement of auditing standards and          PricewaterhouseCoopers (PwC) UK with the assistance of PwC                   about three to four years.                                                long term, we recommend that SEBI drive the case for
ensuring the quality of audits to strengthen the independence of     India. Ironically, Price Waterhouse was the auditor for USL till                                                                                       establishing a separate regulator for auditors which is
audit firms, among others.                                           2010-11. However, till date ICAI has not taken any action against         f) International benchmarks: The Public Companies                            independent of audit profession. This body must be set up
                                                                     the errant auditors.                                                         Accounting Oversight Board (PCAOB) of the US may be                       with a clearly defined mandate, adequate resources for active
Statistical analyses carried out by MCA revealed as follows:                                                                                      regarded as a possible closely comparable body to NFRA, if                monitoring and appropriate enforcement process. In the near
• Of the 1,972 cases taken up by the Disciplinary                    One must not forget the PNB Scam case, wherein various media                 notified. It is relevant to note that PCAOB has evoked mixed              term it is recommended that SEBI provide inputs for the role of
    Committee/Board of Discipline of the Institute of Chartered      articles state that if there was a breakdown of checks and                   responses in its ability to improve audit quality. The PCAOB              function of National Financial Reporting Authority with
    Accountants of India (‘ICAI’), only in the matter relating to    balances in PNB, the auditor should have been the first one to               budget for 2016 is estimated at $250 million and is enabled by            respect to supervision of auditors (providing services to listed
    Satyam Computers have the members been permanently               point it out. One of these articles goes on to further state that the        750 audit staff. The challenges of availability of trained and            companies) and mechanisms for interaction with SEBI".
    removed. Only in 14 of these cases, has a penalty of one year    technology auditors of the bank need to be asked how come two                qualified audit staff and the cost thereof may need to be
    or more been imposed on the members.. In majority of the         technical systems, SWIFT, and the core banking system, do not                                                                                       d) Accordingly, once the authority is constituted and starts
                                                                                                                                                  appreciated ahead of the decision to notify NFRA.
    cases, the members had been found not guilty. Further, in        talk to each other. It is a case of system failure3.                                                                                                   functioning, it would be recognized in international forums
    majority of the cases where members have been found guilty,                                                                                g) Uniform administration: Scale based differentiation of                    also, and some of the difficulties being expressed viz parity in
                                                                     ICAI is a body vested with limited powers of initiating disciplinary         regulating authority may result in conflicting judgements on              respect of legal action/liability of Indian partners/firms vis-à-
    they have been merely reprimanded or cautioned.
                                                                     proceedings against auditors only and not against audit firms                the same issue. Seamless coordination may always not be                   vis global/multinational and other similar aspects would
• 1226 cases were closed at prima facie stage by the Board of        which ultimately failed to deter audit firms from acting hand in             possible between NFRA and ICAI due to the multiplicity of                 evolve to match international practices.
    Discipline/Disciplinary Committee. Of these, 117 cases were      glove with the management of the companies.
    referred by various Government agencies/regulators. 49 of                                                                                     disciplinary issues that may be handled by both agencies.              NFRA RULES
    these cases were referred by MCA/SEBI and the professional       CONSTITUTION OF NFRA                                                      2) Clarifications by MCA                                                  As compared to the powers vested on the National Advisory
    involved were found to be not guilty at the prima facie stage.                                                                             In response to the reservations of the ICAI received, the Ministry        Committee on Accounting Standards established as per section
    The closure of these cases took from 1-4 years.                  1) Reservations by ICAI                                                   of Corporate Affairs (‘MCA’) issued inter - alia the following            210A of the erstwhile Companies Act, 1956 which was mainly
• Only 4 percent of the 746 cases which proceeded beyond the         While the recommendations for constitution of NFRA as a                   clarifications / reply in order to support its proposal of constituting   constituted to advise the Central Government on the formulation
    prima facie stage before the Disciplinary Committee/Board of     separate and independent body for overseeing the                          NFRA, taking into consideration the practices followed by                 and laying down of accounting policies and accounting standards
    Discipline of the ICAI since 2007 have been on a suo-moto        implementation of widely accepted international accounting and            developed economies world over:                                           for adoption by companies or class of companies under the said

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act, the NFRA is endowed with widespread powers, ranging from                     3) Functions, duties and powers of NFRA                                       According to the SEC, E&Y’s blind acceptance of the client’s                The firm agreed to settle the allegations two years later by
making recommendations to the Central Government on                               The NFRA has been cast with the responsibility inter - aliaof                 unrealistic explanations also violated the PCAOB’s principles of            paying $22 million and, later that year, and in the following year,
accounting standards and auditing practices to be followed to                     protecting the public interest and the interests of investors,                professional skepticism that warn that “an auditor should not               the SEC announced settlements with the five partners that
taking actions, imposing penalties on auditors, audit firms and / or              creditors and others associated with the companies or bodies                  be satisfied with less than persuasive evidence because of a                included penalties and suspensions from practice before the
bodies corporate for any violations or negligence.                                corporate governed under rule 3, as discussed above, by                       belief that management is honest.”                                                                                          9
                                                                                                                                                                                                                                            SEC of varying lengths for four of the partners .
                                                                                  establishing high quality standards of accounting and auditing and
NFRA has been constituted as a quasi-judicial body with larger                    exercising effective oversight of accounting functions performed          2 Lack of Independence: Too Close for Comfort
powers than National Advisory Committee on Accounting                             by the companies and bodies corporate and auditing functions                                                                                         JURISDICTION OF SEBI ON AUDITORS
                                                                                                                                                                About a month before the E&Y audit failure settlement related to
Standards. In a nutshell NFRA shall be responsible for                            performed by auditors.                                                                                                                               While the NFRA Rules have clearly addressed the issues relating
                                                                                                                                                                Weatherford, E&Y also settled the first ever enforcement
recommending auditing and accounting standards, to monitor                                                                                                                                                                             to the jurisdiction of NFRA vis-à-visICAI with respect to the action
                                                                                                                                                                actions for auditor independence violations stemming from
and enforce compliances with the said standards and oversee the                   NFRA is also responsible for recommending accounting or                                                                                              against auditors for professional misconduct, an ambiguity which
                                                                                                                                                                partner-client relationships. The SEC charged that the auditor-
quality of service and suggest measures for improvement unlike                    auditing standards for the approval of the Central Government,                                                                                       still persists is with respect to the jurisdiction of SEBI on the said
                                                                                                                                                                client relationships of two partners-one romantic-ultimately
National Advisory Committee on Accounting Standards which                         after taking into consideration the recommendations and                                                                                              misconduct.
                                                                                                                                                                affected their independence. The SEC not only faulted the
only advised on accounting standards.                                             additional information received from ICAI for new accounting                  partners involved in the improperly close relationships but also
                                                                                  standards or auditing standards or amendment of the existing                  the firm itself for failing to perform a reasonable inquiry or raise   In order to protect the interest of the issuers, intermediaries, pool
1) Applicability of the NFRA Rules                                                standards.                                                                    concerns about the relationships despite awareness of facts            investment vehicles, investors in the securities market, etc. who
The categories of entities to which the NFRA Rules are applicable,                                                                                              suggesting impropriety .
                                                                                                                                                                                           6                                           avail the services of the auditors inter - alia relating to issueof
                                                                                  4) Jurisdiction of NFRA
has been provided in Rule 3 (1) of the NFRA Rules, as follows:                                                                                                                                                                         certificates or reports as required under the respective SEBI
                                                                                  NFRA has also been empowered to investigate into any matter of                Two separate actions were filed against two separate                   regulations, SEBI has released a consultation paper dated July 13,
1) Companies whose securities are listed on any stock exchange                    professional or other misconduct under section 132 (4) of the Act,            engagement teams-both involving independence impeding                  2018 10 regarding SEBI (Fiduciaries in the Securities
   in India or outside India;                                                     either suomotu (after recording reasons in writing), or after                 conduct stemming from too-close client-auditor relations. The          Market)(Amendment)Regulations. The recommendations made
2) Unlisted public companies fulfilling any of the following                      receiving reference from the Central Government or on the basis               first action involved a romantic relationship between the
                                                                                                                                                                                                                                       in the said consultation paper are yet to come into effect.
   criteria as on the 31st March of immediately preceding                         of its compliance or oversight activities.                                    engagement partner and the Chief Accounting Officer of the
   Financial Year:                                                                                                                                              client. The SEC noted that their relationship was “marked by a
                                                                                                                                                                                                                                       The said consultation paper is based on the recommendation of
   a) having paid-up capital of not less than Rs. 500 crores or;                  Further, actions in respect of professional or other misconduct               high level of personal intimacy, affection and friendship, near-
                                                                                  against auditors of companies referred to in Rule 3 above, shall be                                                                                  the Committee on Corporate Governance headed by Mr.
   b) having annual turnover of not less than Rs. 1000 crores or;                                                                                               daily communications about personal and romantic matters (as
                                                                                  initiated by NFRA only and no other institute or body shall initiate                                                                                 UdayKotak, which is of the view that given SEBI’s mandate to
   c) having, in aggregate, outstanding loans, debentures and                                                                                                   well as work-related matters), and the occasional exchange of
                                                                                  any proceedings against such auditors. Accordingly, on the                    gifts of minimal value on holidays such as Valentine’s Day and         protect the interests of investors in the securities market and
        deposits of not less than Rs. 500 crores.
                                                                                  commencement of these rules, no other institute or body can                   birthdays.” The second action occurred because of a client-            regulating listed entities, SEBI should have clear powers to act
3) Insurance companies, banking companies, companies
                                                                                  initiate or continue any proceedings in such matters of                       auditor relationship that the SEC deemed to be excessively             against auditors and other third party fiduciaries with statutory
   engaged in the generation or supply of electricity, companies
                                                                                  misconduct where the Authority has initiated an investigation.                friendly.The conduct involved the relationship partner and Chief       duties under securities law, subject to appropriate safeguards.
   governed by any special Act or bodies corporate incorporated
                                                                                                                                                                Financial Officer of the client taking frequent, overnight out-of-     This power ought to extend to act against the impugned
   by an Act in accordance clauses (b), (c), (d), (e) and (f) of                  Accordingly, the action in respect of cases of professional or other          town trips, sporting events and socializing to “an excessive           individual(s), aswell as against the firm in question with respect to
   section 1(4) of the Act;                                                       misconduct against auditors of companies or bodies corporate                  degree.”                                                               their functions concerning listed entities. This power should be
4) Body Corporate/Companies/Persons or any class of them                          other than those referred to in rule 3 above, shall continue to be                                                                                   provided in case of gross negligence as well, and not just in case
   referred by Central Government to the Authority in public                      proceeded with by the ICAI as per provisions of the Chartered                 In both of the independence failure actions, the SEC highlighted
                                                                                                                                                                                                                                       of fraud/connivance.
   interest; and                                                                  Accountants Act, 1949 and the regulations made thereunder.                    the auditor’s role in protecting the public trust, and emphasized
   5) Body Corporate which is:                                                                                                                                  that it is the “auditor’s opinion that furnishes investors with
                                                                                                                                                                                                                                       It may be recollected that Bombay High Court had affirmed the
   a) Incorporated or registered outside India, which is a                        ACTIONS BY SEC AGAINST THE AUDITORS                                           critical assurance that the financial statements have been
                                                                                                                                                                                                                                       jurisdiction and powers of SEBI in Price Waterhouse & Co. vs.
        subsidiary company or associate company of the                                                                                                          subjected to a rigorous examination by an objective, impartial,
                                                                                   Sr.                 Summary of the matter                                                                                                           SEBI ((2010) 103 SCL 96 (Bom.) to act against auditors in cases
        company or body corporate registered in India as referred                 No.                                                                           and skilled professional, and that investors, therefore, can rely
                                                                                                                                                                on them.”                                                              where they were complicit in fraud.
        in point (1) to (4) above; and                                             1 Audit Failures: Maintaining Professional Skepticism
   b) Whose income or net worth exceeds 20% of the                                                                                                                                                                                7
                                                                                                                                                                E&Y in the said case agreed to pay $9.3 million to settle charges .    In several cases, SEBI as a market watchdog, responsible for
        consolidated income or consolidated networth of such                           On October 18, 2016, Ernst & Young LLP (“E&Y”) agreed to pay
                                                                                       more than $11.8 million to settle charges that it failed to                                                                                     protecting the interest of the investors has taken actions against
        company or the body corporate.                                                                                                                      3 In 2001, the SEC charged Arthur Andersen LLP and four of its
                                                                                       adequately conduct an audit of its client, Weatherford                   then current and former partners, including a regional practice        the auditor / audit firms as follows:
                                                                                       International (“Weatherford”), permitting Weatherford to inflate         director, with fraud in connection with Andersen’s audits of the
Also, the companies and bodies corporate covered by the Rules                                                                                                                                                                          Sr.
                                                                                       its earnings and issue false financial statements in violation of        annual financial statements of Waste Management, Inc. for the                               Summary of the matter
shall continue to be governed by the Authority for a period of three                                                                             5                                                                                     No.
                                                                                       U.S. Generally Accepted Accounting Principles (“GAAP”) .                 years 1992 through 1996. The Commission alleged that those
years after it ceases to be listed or its paid-up capital or turnover or                                                                                                                                                                1 Ritesh Properties and Industries Limited
aggregate of loans, debentures and deposits falls below the limit                      The SEC alleged that E&Y did not follow audit and professional           financial statements, on which Arthur Andersen LLP issued
stated therein.                                                                        care standards established by the PCAOB and, as a result, failed         materially false and misleading audit reports, overstated Waste             On discovering that the auditor - Shri Shashi Bhushan,
                                                                                       to detect that Weatherford had overstated its earnings by use of         Management’s pre-tax income by more than $1 billion.                        Proprietor of M/s. Bhushan Aggarwal & Co. made false and
2) Non-Applicability of the NFRA Rules                                                 deceptive non-GAAP intercompany tax accounting practices.                                                                                            misleading disclosures in the financial statements of Ritesh
                                                                                                                                                                To settle these allegations, Andersen agreed to entry of the first
Considering the provisions of applicability of the Rules, following                                                                                                                                                                         Properties and Industries Limited,detrimental to the interest of
                                                                                       These standards required, as part of the planning and execution          antifraud injunction against a major accounting firm in more
companies shall not be governed by the NFRA:                                                                                                                                                                                                the investors, SEBI vide its order dated February 17, 2016
                                                                                       of an audit, that auditors continually exercise professional             than 20 years, and to pay the then largest-ever civil penalty
                                                                                                                                                                                                               8                            prohibited himfrom,directly or indirectly, issuing any certificate
1) Private Companies (unless referred by Central Government to                         skepticism with “a questioning mind and a critical assessment            against a Big Five accounting firm - $7 million .                           required under securities laws and the applicable provisions of
                                                                                       of audit evidence”.
   the NFRA in public interest); and                                                                                                                        4 In 2003, the SEC filed a civil injunctive action against KPMG LLP             the Companies Act 2013 - administered by SEBI for a period of
2) Unlisted public companies with paid-up capital or turnover or                       Despite these standards and regular reminders from E&Y’s own             and five of the firm’s partners - including the head of the firm’s          one year.
   aggregate of loans, debentures and deposits below the limit                         National Office that expanded procedures were necessary to               department of professional practice - in connection with the
   stated under Rule 3(1).                                                             comply with PCAOB standards for audits of income tax                                                                                             2 WhatsApp Leak Case
                                                                                                                                                                years 1997 to 2000 audits of Xerox Corp., alleging that they
                                                                                       accounting, the E&Y audit team failed to question numerous               issued materially false and misleading audit reports on Xerox’s             SEBI began a probe in November 2017 after a media report
Note: The NFRA Rules however require all the existing bodies corporate, other          suspicious tax adjustments that were brought to its attention            financial statements, which had used manipulative accounting                surfaced with respect to circulation of unpublished price
than the companies governed by the NFRA Rules to inform NFRA the particulars of        and instead relied completely on the client’s explanation of
its auditors as on November 14, 2018 (date of commencement of NFRA Rules)
                                                                                                                                                                practices to close a $3 billion “gap” between actual operating              sensitive information in various private WhatsApp groups
                                                                                       them.                                                                    results and results reported to the investing public.                       about certain companies before their official announcements.
within a period of 30 days from the date of commencement of the NFRA Rules.

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     In order to further investigate into the matter SEBI had also      statutory duties and in the midst of such regulation this may give      JURISDICTION OF NCLT ON AUDITORS                                       the financial reporting process. The actions of SEBI, MCA and
     called for internal investigation report from these companies,     rise to certainsituations leading to conflicts of interest. The         NCLT, in exercise of its powers under section 147 (3) of the           NFRA bring a renewed focus on this role of auditors. This move
     besides carrying out its independent investigation and             Sarbanes Oxley Act therefore does not prescribe such a                  Companies Act, 2013.vide its order dated February 06, 2019,            has the potential to strengthen the first line of defense against
     conducting search and seizure operations at various places,        composition but merely states that members must be:                     barred Mr. Mukesh Choksi, proprietor of Mukesh Choksi&                 violations of securities laws and allied regulations.
     including on the premises of various market entities, as well as                                                                           Company from being appointed as an auditor of any company for
     auditors of such companies.                                              “from among prominent individuals of integrity and                a period of five years. Such order comes subsequent to the
                                                                              reputation who have a demonstrated commitment                     statement ‘I don’t know’ made under oath by the auditor while          References
 3 Satyam Scam Case                                                           to the interests of investors and the public, and an              replying to questions like whether he was aware when the last          • http://egazette.nic.in/WriteReadData/2018/190358.pdf
     SEBI, on finding Price Waterhouse guilty of making                       understanding of the responsibilities for and nature              annual general meeting of Zen Shaving was held and where the           • http://egazette.nic.in/WriteReadData/2018/192907.pdf
     misstatements in the financial statements in collusion with the          of the financial disclosures required of issuers under            company's factory is located. Mr. Mukesh Choksi has been held          • https://www.moneycontrol.com/news/business/comment-the-pnb-
                                                                                                                                                                                                                          scam-questions-for-the-bank-the-auditors-the-rbi-and-the-
     management of the scam tainted Satyam Computer Services                  the securities laws and the obligations of                        guilty of signing off on a company’s books without inspection and
                                                                                                                                                                                                                          government-2512503.html
     Limited, vide its order dated January 10, 2018 barred its                accountants with respect to the preparation and                   colluding with its promoters in a fraudulent manner. This is the       • http://164.100.47.193/lsscommittee/Finance/16_Finance_37.pdf
     network entities from issuing audit certificates to any listed           issuance of audit reports with respect to such                    first time the NCLT has passed an order barring an auditor in such     • https://www.lexology.com/library/detail.aspx?g=c1997e6a-94d7-
     company and intermediaries in India for two years. Further,              disclosures” (Section 101)                                        a fashion.                                                                46dc-8f48-7d5353dad988
     Price Waterhouse Bangalore and its two erstwhile partners-S.                                                                                                                                                      • http s://www. ca d wala der. com/resources/clients -friends -
     Gopalakrishnan and Srinivas Talluri - had been directed to         While the United States model may not sound ideal, one may              CONCLUSION                                                                memos/enforcement-at-the-gates-sec-action-against-big-four-firm-
     jointly and severally disgorge the wrongful gains of Rs.                                                                                   Over the past decade, the scope of duties and responsibilities of         and-new-international-standards-highlight-the-role-of-accountants-
                                                                        consider the possibility of having former members of these
     13,09,01,664 with interest.                                                                                                                auditors in listed companies and market intermediaries has                as-financial-gatekeepers
                                                                        institutions which shall ultimately meet the objective with which                                                                              • https://www.sec.gov/news/pressrelease/2016-187.html
                                                                        NFRA is constituted at the same time also avoiding situations           expanded vastly. Auditors have a role to play in different spheres     • https://www.sec.gov/news/headlines/andersenfraud.htm
In order to bring the auditors within the ambit of SEBI in the          leading to conflicts of interest.                                       and in each of them, the regulatory authorities attempt to regulate    • https://www.sec.gov/news/speech/ceresney-enforcement-focus-on-
capacity of ‘fiduciaries’, SEBI amended the regulations relating to                                                                             and monitor the actions of auditors. While such bodies are                auditors-and-auditing.html#_ftn21
prevention of insider trading, which now requires such auditors in      The number of members who are or have been certified public             necessary to safeguard the interests of investors and public at        • https://www.sebi.gov.in/reports/reports/jul-2018/consultation-paper-
the capacity of fiduciary to adopt a separate code of conduct for       accounts have been limited to 2 members on the PCAOB by the             large, there is an increased likelihood of jurisdictions of these         on-proposed-sebi-fiduciaries-in-the-securities-market-amendment-
prevention of trading based on unpublished price sensitive                                                                                      authorities overlapping.                                                  regulations-_39541.html
                                                                        US legislation. Such limit seems to be imposed with intent to
information which may be obtained during execution of work                                                                                                                                                             • https://pcaobus.org/News/Releases/Pages/auditors-report-standard-
                                                                        ensure views of various experts belonging from various different                                                                                  adoption-6-1-17.aspx
assignments. Further, amendments have also been carried out in          fields are available at the disposal of the PCAOB. The NFRA’s           There have been numerous instances of auditors indulging with
the regulations relating to prevention of fraudulent and unfair         objectivity is of prime concern in the given circumstances, and         the management of companies to defraud the public. The                                             RegStreet is a boutique law firm based in Mumbai.
trade practices, which now considers trades carried out by                                                                                                                                                                                         The firm’s focus areas are Capital Markets&
                                                                        this limit may be prudent.                                              intention behind stringent laws is to deter auditors and audit firms                               Commodities, General Corporate Commercial,
fiduciaries on behalf of their clients without such client’s                                                                                    from such negligence and professional misconduct.                                                  Financial Regulatory Practice, Compliance &
knowledge or instructions or misutilizing or diverting funds or         2) Enforcement                                                                                                                                                             Investigation, Litigation & Dispute Resolution and
securities held in fiduciary capacity as fraudulent and unfair trade    The NFRA can conduct investigations suomotu upon reference by           Professional accountants and auditors have always been on the          Policy & Advisory Practice. More details can be seen at www.regsla.com and
practice. Such amendments have been carried out pursuant to                                                                                     front lines in their roles as public watchdogs and gatekeepers of      they can be reached at info@regsla.com.
                                                                        the Government in cases where there is suspected misconduct.
the recommendations of the Committee on Fair Market Conduct             This mandate extends to imposing fines, penalties and
which was chair by Mr. T.K. Viswanathan.                                suspension of audit firms; powers that were never granted to the
                                                                        ICAI. The PCAOB extends these powers further to debar
As stated above, though SEBI has issued amendment in the                individuals’ association with registered audit firms. This acts as a
prevention of insider trading regulations and prohibition of            deterrent to individuals acting in violation of regulations, and may
manipulative and unfair trade practices regulations in this regard,     be considered when further legislating on the powers of the
and also seems to be in the process of notifying other                  NFRA.
amendments to SEBI regulations, the question which really lies
here isindealing with situations relating to overlapping of powers      3) Audit Inspections
by various regulators, judicial and quasi-judicial authorities          The PCAOB enjoys complete discretion in selecting audits, and
against the defaulting auditor(s) in the times to come.                 often question audit firms about potential issues identified in their
LESSONS FROM THE NFRA’S AMERICAN COUNTERPART                            work. These firms are given an opportunity to respond and in the
                                                                        case of an unsatisfactory response, the audit deficiency is
The establishment of the NFRA can benefit from a look at its US
                                                                        included in the public parts of the PCAOB inspection report. This
counterpart: the Public Companies Accounting Oversight Board.
                                                                        ensures that audit firms discharge their obligations with care inter
The PCAOB was established in similar circumstances, after the
                                                                        - aliato protect their reputation. The NFRA may use a similar
Enron and other audit scandals. The Sarbanes Oxley Act of 2002
                                                                        approach to have a significant regulatory effect, communicating
relocated the mandate of oversight of audit firms of public
                                                                        audit deficiencies to all the relevant stakeholders in the market
companies from American Institute of Certified Public
                                                                        place.
Accountants, in the same way as the ICAI, which no longer
enjoys that mandate in India. One may observe this shift from self-
                                                                        4) Disclosures
regulation of accountants to an independent regulatory body and
                                                                        As mentioned above, the PCAOB publishes portions of the audit
identify similar concerns behind such a move.
                                                                        inspection reports, to underline negligent behavior on the part of
Given the similar circumstances, it could be of assistance to           audit firms. Certain non-public parts of the inspection reports,
analyse certain practices of the PCAOB as a regulatory body:            which contain quality control lapses, are published if the audit
                                                                        firm fails to address them within a period of 12 months. The
1) Composition                                                          PCAOB has also adopted a new standard11 (effective 2019),
The NFRA Rules prescribe that the NFRA will be composed inter -         requiring auditors to report critical audit matters in which the
aliaof representatives of SEBI, RBI and the ICAI. These are             auditors had to confront the management. Such practices must
regulatory bodies often responsible for the discharge of various        be adopted by the NFRA as well.

18                                                                                                               FORUM VIEWS - MARCH 2019       19                                                                                                                   FORUM VIEWS - MARCH 2019
INSIGHTS       - ECO
                    INSIGHTS - ECONBUZZ                                                                                                                                  INSIGHTSINSIGHTS
                                                                                                                                                                                   - ECONBUZZ
                                                                                                                                                                                          - ECONBUZZ
                                                                                                                                                   In rural India too, the proportion of spending   and it was not as competitive and efficient      expansion of the country ’s vast
 THE UNDERPINNINGS OF                                                                                                                              on food in total expenditures has reduced        as it is in current times there was at some      unorganized sector. Herein we have an

 EMPLOYMENT CREATION                                                                                                                               from 73 per cent over 1972-73 to 55 per
                                                                                                                                                   cent over 2004-05. Although the survey
                                                                                                                                                                                                    stage a declining demand for manufactures
                                                                                                                                                                                                    and an increasing one for the output of the
                                                                                                                                                                                                                                                     instance of compressed growth which
                                                                                                                                                                                                                                                     arises from the deficiency of purchasing
 IN INDIA: AN OVERVIEW                                                                                                                             does indicate that the Engel’s law does
                                                                                                                                                   apply in certain income groups of the
                                                                                                                                                                                                    services sector. Once again the transition
                                                                                                                                                                                                    to the services sector, in terms of its 50 per
                                                                                                                                                                                                                                                     power and not from a natural decline of
                                                                                                                                                                                                                                                     expenditure allocations towards food and
                                                                                                                                                   country’s population, it also cites that 10      cent contribution to the GDP at this stage of    related products. This accentuates the
 By Professor Piya Mahtaney                                                                                                                        per cent of the India’s rural population lives   the country’s per capital income growth is       imperatives of achieving an expansion of
 Economist / Author                                                                                                                                on just Rs 9 per day and 10 per cent of its      rather unusual.                                  income across an entire gamut of socio-
                                                                                                                                                   urban population subsist on a slightly                                                            economic categories in India. Given that it
                                                                                                                                                                                                    Economic experience has demonstrated             is likely that India will have an average

T
       he importance of India’s in the global    Indian economy. During the recent weeks         to an industrial economy this has certainly       higher Rs13 a day.
                                                                                                                                                                                                    that the emergence of the services sector        growth rate of 7 to 8 per cent per annum
       economy becomes increasingly              there has been some discussion and              not meant that agriculture was relieved of
                                                                                                                                                   Furthermore the expenditure on food as a         as the most important one occurs at when         over the next few years and in this context
       evident in the larger context of          debate about the country’s unemployment         its role as an important provider of
                                                                                                                                                   proportion of total consumption is lower in      a country’s per capita incomes are high.         the imminent question that arises is
slowing down growth particularly in              rate, without delving into the numerical        employment. This feature stands in
                                                                                                                                                   states with a higher per capita expenditure      Undeniably India’s per capita incomes            whether this would result in employment
advanced countries and China. According          details and discrepancies of various            veritable contrast to the experience of a
                                                                                                                                                   and vice versa.                                  have increased significantly but it cannot       or not. Even if one were to be cold
to the World Economic Outlook report by          calculations made this article focuses on       number of advanced countries where the
                                                                                                                                                                                                    be considered high. (At this point in time       bloodedly pragmatic a fundamental fact is
IMF, October 2018 s growth rates in most         the crux of the matter which is that creating   emergence of an industrial sector absorbed
                                                                                                                                                   Thus unlike in the advanced countries            India is a middle- income country)               that the Indian economy does cannot
advanced economies will slow down,               more jobs is a challenge that confronts the     the surplus labour released from the
                                                                                                                                                   Engel’s law does not apply to a fairly                                                            afford the option of jobless growth.
although there has been a recovery of            Indian economy. According to the                agricultural sector.
growth prospects and employment post             economic survey, 2017-18, “The other                                                              significant proportion of the low income         Expectedly in the higher income categories
crisis. The projection cited by the report is,   issue is the challenge of employment. The       Furthermore, as we have seen unlike in the        groups in developing countries. Although it      individuals would allocate a higher              The next article will focus on institutional
``among advanced economies, the                  lack of consistent, comprehensive, and          developed world the transition(in terms of        would be convenient to describe a landless       proportion of their incomes to services.         reform.
subdued outlook for potential growth             current data impedes a serious                  sectoral importance) made by the Indian           labourer who can barely afford two square        Consonant with this, an increase in the
reflects, to a large extent, slower labour       assessment... Even so, it is clear that         economy and some other developing                 meals as someone with a low elasticity of        employment absorption of those who
force growth due to population aging...          providing India’s young and burgeoning          countries from an agricultural to an              demand it would be outrageous to consider        comprise the skilled and educated
                                                                                                 industrial and then to a services sector was                                                       segments of the population by the services       1. Engel’s law: Consequent to rising incomes, the
While labour productivity growth is              labour force with good, high productivity                                                         this to be the result of Engel’s law                                                              share of expenditures for food declines It must be
expected to improve in the medium term,          jobs will remain a pressing medium term         certainly not fuelled by a generalized                                                             sector is hardly surprising.
                                                                                                                                                   operating. By no means does the                                                                   noted that Engel found, based on surveys of families'
the slight acceleration will only partially      challenge. An effective response will           increase in per capita income across all                                                                                                            budgets and expenditure patterns, that the income
                                                                                                                                                   subsistence and small farmer comprise a
offset the slower increases in labour input.’’   encompass multiple levers and strategies,       socio-economic categories.                                                                         However what is rather unique is the             elasticity of demand for food was relatively low. The
                                                                                                                                                   small minority of India’s agricultural                                                            resulting shift in expenditures affects demand
                                                 above all creating a climate for rapid                                                                                                             importance that the service or the tertiary
                                                                                                 In essence the impetus that would come            economy, as a matter of fact it constitutes                                                       patterns and employment structures. Engel's Law
For three decades one of the highlights of       economic growth on the strength of the                                                                                                             sector has had in providing employment to        does not suggest that the consumption of food
                                                                                                 from a surge in demand for products of the        a significant proportion of the rural
the world economy was the rapid                  only two truly sustainable engines-private                                                                                                         those in the lower income groups. The            products remains unchanged as income increases. It
                                                                                                 agricultural sector and for those from the        population.
expansion of the Chinese economy was the         investment and exports’’                                                                                                                           service sector has acted as a safety net of      suggests that consumers increase their expenditures
                                                                                                 manufacturing and services sector will                                                                                                              for food products (in percentage terms) less than their
growth engine which powered a fair                                                                                                                                                                  sorts; At the lower end this sector has
                                                                                                 unequivocally propel an increase in               For those in the primary sector that are                                                          increases in income
proportion of world economic growth.                                                                                                                                                                provided an avenue of livelihood to millions
Undeniably the importance of China’s              This article for the                           employment creation.         This was a
                                                                                                 sequence that occurred in a limited way
                                                                                                                                                   unemployed or employed at wages that are
                                                                                                                                                   highly inadequate it would take sometime
                                                                                                                                                                                                    (who would otherwise have been without
                                                                                                                                                                                                                                                     Piya Mahtaney completed her second Master’s in
economy will continue, in accompaniment            Econ Buzz views                               and not as a generalized phenomenon in the        for Engle’s law to operate because
                                                                                                                                                                                                    any means of sustenance) and it consists
                                                                                                                                                                                                    of a fairly diverse spectrum of service
                                                                                                                                                                                                                                                     Development Economics from Leicester University
                                                                                                                                                                                                                                                     in England she embarked on a career in journalism
the resonant significance of India as
possibly the world’s next growth engine is           an important                                Indian context.                                   incomes would have to increase by a
                                                                                                                                                   certain extent before the proportion of
                                                                                                                                                                                                    providers that have little or no skill. As a     with the Times of India. She was an assistant editor
                                                                                                                                                                                                                                                     in Metropolis on Saturday, subsequent to which she
                                                                                                                                                                                                    matter of fact a sizable proportion of this
imminent. Therefore what happens in India          aspect of India’s                             Recapitulating a commonly cited axiom -
                                                                                                 the Engel’s law1 to understand changing
                                                                                                                                                   expenditure allocated to food and other          segment constitutes the informal economy
                                                                                                                                                                                                                                                     joined as senior feature writer in Economic Times.
will become increasingly important for the                                                                                                                                                                                                           As an economist that reported, analyzed and wrote
world economy during the ensuing years.            emerging growth                               consumption and demand profiles as
                                                                                                                                                   agricultural products declines. Those who
                                                                                                                                                   currently live on the margins of
                                                                                                                                                                                                    of the country. More often than not the          on a wide range of socio-economic issues, writing a
                                                                                                                                                                                                    wages that the labour force in country’s         book about economic development and the
According to the world economic outlook
report by the IMF, (October 2018) global
                                                 narrative - the main                            incomes rise could aid analysis about the
                                                                                                 link between sectoral transition and the
                                                                                                                                                   subsistence will have a higher income            informal economy receives is highly              emerging trends of globalisation seemed almost
                                                                                                                                                                                                                                                     inevitable
economic growth, “... growth in the               trends underlying                              shift in employment patterns. Simply
                                                                                                                                                   elasticity of demand for food in the initial
                                                                                                                                                   stages of a rise in income. When demand
                                                                                                                                                                                                    inadequate and is more often than not
                                                                                                                                                                                                                                                     The books that she has authored are as follows:
                                                                                                 stated, the basic principle of this law is that                                                    lower than the minimum wage (for the
emerging market and developing economy
group is set to remain steady at 4.7 percent
                                                     employment                                  as incomes rise individuals tends to              for food is low as a result of a lack of         same task in the organized sector).              • India China and Globalization (2nd ed), Palgrave
                                                                                                                                                                                                                                                        Macmillan (England), December 2014
in 2018-19. Over the medium term, growth            creation in the                              allocate a smaller proportion of their            purchasing power it represents a potential
                                                                                                                                                   for growth which will obviously remain
                                                                                                                                                                                                    Constrained or compressed demand for
                                                                                                                                                                                                    products of the agricultural sector does
                                                                                                                                                                                                                                                     • Globalization and Sustainable Economic
                                                                                                                                                                                                                                                        Development, Palgrave Macmillan (U.S), August
                                                                                                 expenditure towards food. Income
is projected to rise to slightly less than 5
percent. Beyond 2019, the aggregate
                                                   Indian economy.                               elasticity of demand for food declines when       untapped until incomes among the poor            place limits on the demands for                     1st 2013
                                                                                                                                                                                                                                                     • Institute of South East Asian Studies (Singapore)
                                                                                                 incomes rise.                                     increase.                                        manufactures.
growth rate for the group reflects offsetting                                                                                                                                                                                                           published an edition (August 2010) of my book
developments as growth moderates to a            At this point it would be useful to describe                                                                                                                                                           India China and Globalisation.
                                                                                                 According to the latest National Sample           The story of compressed demand                   When demand for food is low as a result of       • The first edition of India China and Globalisation
sustainable pace in China, while it              the main underpinnings of employment in                                                                                                                                                                was published by Palgrave Macmillan (England,
                                                                                                 Survey Organization expenditure on food           continues even as we view the                    a lack of purchasing power it represents a
improves in India (owing to structural           India. India is a highly industrialized                                                                                                                                                                2007)
                                                                                                 items accounted for 43 per cent of total          manufacturing* and services segment*.            potential for growth which will obviously
reforms and a still-favourable demographic       country, and according to the precepts of                                                                                                                                                           • Globalisation Con Game or Reality was published
                                                                                                 consumption expenditures in urban India           Over the last four decades the strides           remain untapped until incomes among the             by Alchemy Publishers, India (2004) 2004.
dividend)...’’                                   conventional economic thought (many of
                                                                                                 (during 2004-05). This represents a               notched by Indian manufacturing has been         poor increase. Consequently employment           • The first book titled Economic Con Game,
                                                 which have been validated) this should                                                                                                                                                                 Development fact or Fiction was published by
                                                                                                 significant decline from the share of 64 per      remarkable. Even as it traversed a phase         growth has been far from satisfactory and
This article for the Econ Buzz views an          have meant a receding importance of the                                                                                                                                                                Pelanduk Publications (Malaysia) in 2002.
                                                                                                 cent that food expenditures had in total          during which its progress was dampened           it is this feature that has fuelled the
important aspect of India’s emerging             agricultural sector. Although for all
growth narrative- the main trends                practical purposes we can say that India        expenditures of urban India over the 1972-
underlying employment creation in the            has made the transition from an agricultural    73.

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