Apr 11 2014

But what about banks?The oversight of Indian banks lies with RBI

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canada goose outlet parka The Companies Act, 2013, the ‘Takeover Code’ of capital markets watchdog Securities Exchange Board of canada goose outlet mississauga India (SEBI), the canada goose outlet online store review government’s Foreign Direct Investment (FDI) Policy, anti trust body Competition Commission’s stipulations and the banking regulator Reserve Bank of India’s (RBI’s) all have defined ‘control’.Opinion Why are Indians splurging on foreign trips when the dollar is getting costlier?OPINION Who controls India’s banks? canada goose outlet official Promoters, board, shareholders or RBI?Opinion Why GST on petrol and diesel prices may not lower fuel pricesSample this.The SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 Regulation 2 (1) (e), commonly known as the ‘Takeover Code,’defines “control” as: including the right to appoint majority of the directors; or to control the management or policy decisions exercisable by virtue canada goose outlet store near me of shareholding or management rights.De jargoned, this makes the shareholding proportion, the principal, not the sole, parameter of “controlling interest”.A shareholder who ends up buying canada goose outlet store uk a quarter (25 percent) of the company’s stake, has to make a mandatory “open offer” to acquire at least 26 percent additional stakes from the other existing shareholders at a specified price.The Companies Act 2013, on other hand, gives a wider, and more inclusive, definition of ‘control’. Anyone can have controlling rights either through any or all canada goose outlet shop of the following: majority shareholding; management rights, shareholders’ agreement or canada goose outlet paypal a voting agreement.According to Accounting Standards 21 (AS 21), a contemporary code for presenting financial statements in India, control can come through ownership, directly or indirectly, through subsidiary (ies), of more than one half of the voting power of an enterprise, or control of the composition of the board of directors.The Competition Commission of India (CCI) Act, the legislation that created India’s anti trust body, says that a “group” which, directly or indirectly, have 26 percent or more of the voting rights, can appoint more than 50 percent of the canada goose outlet online uk board members or can control the management or affairs, will have ‘control’ of the enterprise.While Companies Act, 2013 is the overarching legislation governing corporate affairs in India, the CCI Act definitions on ‘control’, one would assume, will largely be applicable to instances of ‘abuse of dominance’ in mergers and acquisitions, where amalgamations of corporations can lead to monopoly like situations.But what about banks?The oversight of Indian banks lies with RBI, which is guided canada goose outlet sale by the Banking Regulation Act, 1949. The prime code supporting these guidelines is the belief that diversification of ownership is the primary pillar of bank governance. canada goose outlet parka

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