1. In India all Asset Management Companies are regulated by which of the following?






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MCQ-> Read carefully the four passages that follow and answer the questions given at the end of each passage:PASSAGE I The most important task is revitalizing the institution of independent directors. The independent directors of a company should be faithful fiduciaries protecting, the long-term interests of shareholders while ensuring fairness to employees, investor, customer, regulators, the government of the land and society. Unfortunately, very often, directors are chosen based of friendship and, sadly, pliability. Today, unfortunately, in the majority of cases, independence is only true on paper.The need of the hour is to strengthen the independence of the board. We have to put in place stringent standards for the independence of directors. The board should adopt global standards for director-independence, and should disclose how each independent director meets these standards. It is desirable to have a comprehensive report showing the names of the company employees of fellow board members who are related to each director on the board. This report should accompany the annual report of all listed companies. Another important step is to regularly assess the board members for performance. The assessment should focus on issues like competence, preparation, participation and contribution. Ideally, this evaluation should be performed by a third party. Underperforming directors should be allowed to leave at the end of their term in a gentle manner so that they do not lose face. Rather than being the rubber stamp of a company’s management policies, the board should become a true active partner of the management. For this, independent directors should be trained in their in their in roles and responsibilities. Independent directors should be trained on the business model and risk model of the company, on the governance practices, and the responsibilities of various committees of the board of the company. The board members should interact frequently with executives to understand operational issues. As part of the board meeting agenda, the independent directors should have a meeting among themselves without the management being present. The independent board members should periodically review the performance of the company’s CEO, the internal directors and the senior management. This has to be based on clearly defined objective criteria, and these criteria should be known to the CEO and other executive directors well before the start of the evolution period. Moreover, there should be a clearly laid down procedure for communicating the board’s review to the CEO and his/her team of executive directors. Managerial remuneration should be based on such reviews. Additionally, senior management compensation should be determined by the board in a manner that is fair to all stakeholders. We have to look at three important criteria in deciding managerial remuneration-fairness accountability and transparency. Fairness of compensation is determined by how employees and investors react to the compensation of the CEO. Accountability is enhanced by splitting the total compensation into a small fixed component and a large variable component. In other words, the CEO, other executive directors and the senior management should rise or fall with the fortunes of the company. The variable component should be linked to achieving the long-term objectives of the firm. Senior management compensation should be reviewed by the compensation committee of the board consisting of only the independent directors. This should be approved by the shareholders. It is important that no member of the internal management has a say in the compensation of the CEO, the internal board members or the senior management. The SEBI regulations and the CII code of conduct have been very helpful in enhancing the level of accountability of independent directors. The independent directors should decide voluntarily how they want to contribute to the company. Their performance should decide voluntarily how they want to contribute to the company. Their performance should be appraised through a peer evaluation process. Ideally, the compensation committee should decide on the compensation of each independent director based on such a performance appraisal. Auditing is another major area that needs reforms for effective corporate governance. An audit is the Independent examination of financial transactions of any entity to provide assurance to shareholder and other stakeholders that the financial statements are free of material misstatement. Auditors are qualified professionals appointed by the shareholders to report on the reliability of financial statements prepared by the management. Financial markets look to the auditor’s report for an independent opinion on the financial and risk situation of a company. We have to separate such auditing form other services. For a truly independent opinion, the auditing firm should not provide services that are perceived to be materially in conflict with the role of the auditor. These include investigations, consulting advice, sub contraction of operational activities normally undertaken by the management, due diligence on potential acquisitions or investments, advice on deal structuring, designing/implementing IT systems, bookkeeping, valuations and executive recruitment. Any departure from this practice should be approved by the audit committee in advance. Further, information on any such exceptions must be disclosed in the company’s quarterly and annual reports. To ensure the integrity of the audit team, it is desirable to rotate auditor partners. The lead audit partner and the audit partner responsible for reviewing a company’s audit must be rotated at least once every three to five years. This eliminates the possibility of the lead auditor and the company management getting into the kind of close, cozy relationship that results in lower objectivity in audit opinions. Further, a registered auditor should not audit a chief accounting office was associated with the auditing firm. It is best that members of the audit teams are prohibited from taking up employment in the audited corporations for at least a year after they have stopped being members of the audit team.A competent audit committee is essential to effectively oversee the financial accounting and reporting process. Hence, each member of the audit committee must be ‘financially literate’, further, at least one member of the audit committee, preferably the chairman, should be a financial expert-a person who has an understanding of financial statements and accounting rules, and has experience in auditing. The audit committee should establish procedures for the treatment of complaints received through anonymous submission by employees and whistleblowers. These complaints may be regarding questionable accounting or auditing issues, any harassment to an employee or any unethical practice in the company. The whistleblowers must be protected. Any related-party transaction should require prior approval by the audit committee, the full board and the shareholders if it is material. Related parties are those that are able to control or exercise significant influence. These include; parent- subsidiary relationships; entities under common control; individuals who, through ownership, have significant influence over the enterprise and close members of their families; and dey management personnel.Accounting standards provide a framework for preparation and presentation of financial statements and assist auditors in forming an opinion on the financial statements. However, today, accounting standards are issued by bodies comprising primarily of accountants. Therefore, accounting standards do not always keep pace with changes in the business environment. Hence, the accounting standards-setting body should include members drawn from the industry, the profession and regulatory bodies. This body should be independently funded. Currently, an independent oversight of the accounting profession does not exist. Hence, an independent body should be constituted to oversee the functioning of auditors for Independence, the quality of audit and professional competence. This body should comprise a "majority of non- practicing accountants to ensure independent oversight. To avoid any bias, the chairman of this body should not have practiced as an accountant during the preceding five years. Auditors of all public companies must register with this body. It should enforce compliance with the laws by auditors and should mandate that auditors must maintain audit working papers for at least seven years.To ensure the materiality of information, the CEO and CFO of the company should certify annual and quarterly reports. They should certify that the information in the reports fairly presents the financial condition and results of operations of the company, and that all material facts have been disclosed. Further, CEOs and CFOs should certify that they have established internal controls to ensure that all information relating to the operations of the company is freely available to the auditors and the audit committee. They should also certify that they have evaluated the effectiveness of these controls within ninety days prior to the report. False certifications by the CEO and CFO should be subject to significant criminal penalties (fines and imprisonment, if willful and knowing). If a company is required to restate its reports due to material non-compliance with the laws, the CEO and CFO must face severe punishment including loss of job and forfeiting bonuses or equity-based compensation received during the twelve months following the filing.The problem with the independent directors has been that: I. Their selection has been based upon their compatibility with the company management II. There has been lack of proper training and development to improve their skill set III. Their independent views have often come in conflict with the views of company management. This has hindered the company’s decision-making process IV. Stringent standards for independent directors have been lacking....
MCQ-> Read the following passage carefully and answer the questions given at the end.Passage 4Public sector banks (PSBs) are pulling back on credit disbursement to lower rated companies, as they keep a closer watch on using their own scarce capital and the banking regulator heightens its scrutiny on loans being sanctioned. Bankers say the Reserve Bank of India has started strictly monitoring how banks are utilizing their capital. Any big-ticket loan to lower rated companies is being questioned. Almost all large public sector banks that reported their first quarter results so far have showed a contraction in credit disbursal on a year-to-date basis, as most banks have shifted to a strategy of lending largely to government-owned "Navratna" companies and highly rated private sector companies. On a sequential basis too, banks have grown their loan book at an anaemic rate.To be sure, in the first quarter, loan demand is not quite robust. However, in the first quarter last year, banks had healthier loan growth on a sequential basis than this year. The country's largest lender State Bank of India grew its loan book at only 1.21% quarter-on-quarter. Meanwhile, Bank of Baroda and Punjab National Bank shrank their loan book by 1.97% and 0.66% respectively in the first quarter on a sequential basis.Last year, State Bank of India had seen sequential loan growth of 3.37%, while Bank of Baroda had seen a smaller contraction of 0.22%. Punjab National Bank had seen a growth of 0.46% in loan book between the January-March and April-June quarters last year. On a year-to-date basis, SBI's credit growth fell more than 2%, Bank of Baroda's credit growth contracted 4.71% and Bank of India's credit growth shrank about 3%. SBI chief Arundhati Bhattacharya said the bank's year-to-date credit growth fell as the bank focused on ‘A’ rated customers. About 90% of the loans in the quarter were given to high-rated companies. "Part of this was a conscious decision and part of it is because we actually did not get good fresh proposals in the quarter," Bhattacharya said.According to bankers, while part of the credit contraction is due to the economic slowdown, capital constraints and reluctance to take on excessive risk has also played a role. "Most of the PSU banks are facing pressure on capital adequacy. It is challenging to maintain 9% core capital adequacy. The pressure on monitoring capital adequacy and maintaining capital buffer is so strict that you cannot grow aggressively," said Rupa Rege Nitsure, chief economist at Bank of Baroda.Nitsure said capital conservation pressures will substantially cut down "irrational expansion of loans" in some smaller banks, which used to grow at a rate much higher than the industry average. The companies coming to banks, in turn, will have to make themselves more creditworthy for banks to lend. "The conservation of capital is going to inculcate a lot of discipline in both banks and borrowers," she said.For every loan that a bank disburses, some amount of money is required to be set aside as provision. Lower the credit rating of the company, riskier the loan is perceived to be. Thus, the bank is required to set aside more capital for a lower rated company than what it otherwise would do for a higher rated client. New international accounting norms, known as Basel III norms, require banks to maintain higher capital and higher liquidity. They also require a bank to set aside "buffer" capital to meet contingencies. As per the norms, a bank's total capital adequacy ratio should be 12% at any time, in which tier-I, or the core capital, should be at 9%. Capital adequacy is calculated by dividing total capital by risk-weighted assets. If the loans have been given to lower rated companies, risk weight goes up and capital adequacy falls.According to bankers, all loan decisions are now being assessed on the basis of the capital that needs to be set aside as provision against the loan and as a result, loans to lower rated companies are being avoided. According to a senior banker with a public sector bank, the capital adequacy situation is so precarious in some banks that if the risk weight increases a few basis points, the proposal gets cancelled. The banker did not wish to be named. One basis point is one hundredth of a percentage point. Bankers add that the Reserve Bank of India has also started strictly monitoring how banks are utilising their capital. Any big-ticket loan to lower rated companies is being questioned.In this scenario, banks are looking for safe bets, even if it means that profitability is being compromised. "About 25% of our loans this quarter was given to Navratna companies, who pay at base rate. This resulted in contraction of our net interest margin (NIM)," said Bank of India chairperson V.R. Iyer, while discussing the bank's first quarter results with the media. Bank of India's NIM, or the difference between yields on advances and cost of deposits, a key gauge of profitability, fell in the first quarter to 2.45% from 3.07% a year ago, as the bank focused on lending to highly rated customers.Analysts, however, say the strategy being followed by banks is short-sighted. "A high rated client will take loans at base rate and will not give any fee income to a bank. A bank will never be profitable that way. Besides, there are only so many PSU companies to chase. All banks cannot be chasing them all at a time. Fact is, the banks are badly hit by NPA and are afraid to lend now to big projects. They need capital, true, but they have become risk-averse," said a senior analyst with a local brokerage who did not wish to be named.Various estimates suggest that Indian banks would require more than Rs. 2 trillion of additional capital to have this kind of capital adequacy ratio by 2019. The central government, which owns the majority share of these banks, has been cutting down on its commitment to recapitalize the banks. In 2013-14, the government infused Rs. 14,000 crore in its banks. However, in 2014-15, the government will infuse just Rs. 11,200 crore.Which of the following statements is correct according to the passage?
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MCQ-> Read the following passage carefully and answer the questions given below. Certain words/phrases have been printed in bold to help you locate them.Management is a set of processes that can keep a complicated system of people and technology running smoothly. The most important aspects of management include planning, budgeting, organising, staffing, controlling, and problem-solving. Leadership is a set of processes that creates organizations in the first place or adapts them to significantly changing circumstances. Leadership defines what the future should look like, aligns people with that vision, and inspires them to make it happen despite the obstacles. This distinction is absolutely crucial for our purposes here: Successful transformation is 70 to 90 per cent leadership and only 10 to 30 per cent management. Yet for historical reasons, many organizations today don't have much leadership. And almost everyone thinks about the problems here as one of managing For most of this century, as we created thousands and thousands of large organizations for the first time in human history, we didn't have enough good managers to keep all those bureaucracies functioning. So many companies and universities developed management programmes, and hundreds and thousands of people were encouraged to learn management on the job. And they did. But, people were taught little about leadership. To some degree, management was emphasized because it's easier to teach than leadership. But even more so, management was the main item on the twentieth-century agenda because that's what was needed. For every entrepreneur or business builder who was a leader, we needed hundreds of managers to run their ever growing enterprises.Unfortunately for us today, this emphasis on management has often been institutionalized in corporate cultures that discourage employees from learning how to lead. Ironically, past success is usually the key ingredient in producing this outcome. The syndrome, as I have observed it on many occasions, goes like this: success creates some degree of market dominance, which in turn produces much growth. After a while keeping the ever larger organization under control becomes the primary challenge. So attention turns inward, and managerial competencies are nurtured. With a strong emphasis on management but not on leadership, bureaucracy and an inward focus take over. But with continued success, the result mostly of market dominance, the problem often goes unaddressed and an unhealthy arrogance begins to evolve. All of these characteristics then make any transformation effort much more difficult.Arrogant managers can over-evaluate their current performance and competitive position, listen poorly, and learn slowly. Inwardly focused employees can have difficulty seeing the very forces that present threats and opportunities. Bureaucratic cultures can smother those who want to respond to shifting conditions. And the lack of leadership leaves no force inside these organisations to break out of the morass.Why, according to the author, is a distinction between management and leadership crucial?
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MCQ-> The current debate on intellectual property rights (IPRs) raises a number of important issues concerning the strategy and policies for building a more dynamic national agricultural research system, the relative roles of public and private sectors, and the role of agribusiness multinational corporations (MNCs). This debate has been stimulated by the international agreement on Trade Related Intellectual Property Rights (TRIPs), negotiated as part of the Uruguay Round. TRIPs, for the first time, seeks to bring innovations in agricultural technology under a new worldwide IPR regime. The agribusiness MNCs (along with pharmaceutical companies) played a leading part in lobbying for such a regime during the Uruguay Round negotiations. The argument was that incentives are necessary to stimulate innovations, and that this calls for a system of patents which gives innovators the sole right to use (or sell/lease the right to use) their innovations for a specified period and protects them against unauthorised copying or use. With strong support of their national governments, they were influential in shaping the agreement on TRIPs, which eventually emerged from the Uruguay Round. The current debate on TRIPs in India - as indeed elsewhere - echoes wider concerns about ‘privatisation’ of research and allowing a free field for MNCs in the sphere of biotechnology and agriculture. The agribusiness corporations, and those with unbounded faith in the power of science to overcome all likely problems, point to the vast potential that new technology holds for solving the problems of hunger, malnutrition and poverty in the world. The exploitation of this potential should be encouraged and this is best done by the private sector for which patents are essential. Some, who do not necessarily accept this optimism, argue that fears of MNC domination are exaggerated and that farmers will accept their products only if they decisively outperform the available alternatives. Those who argue against agreeing to introduce an IPR regime in agriculture and encouraging private sector research are apprehensive that this will work to the disadvantage of farmers by making them more and more dependent on monopolistic MNCs. A different, though related apprehension is that extensive use of hybrids and genetically engineered new varieties might increase the vulnerability of agriculture to outbreaks of pests and diseases. The larger, longer-term consequences of reduced biodiversity that may follow from the use of specially bred varieties are also another cause for concern. Moreover, corporations, driven by the profit motive, will necessarily tend to underplay, if not ignore, potential adverse consequences, especially those which are unknown and which may manifest themselves only over a relatively long period. On the other hand, high-pressure advertising and aggressive sales campaigns by private companies can seduce farmers into accepting varieties without being aware of potential adverse effects and the possibility of disastrous consequences for their livelihood if these varieties happen to fail. There is no provision under the laws, as they now exist, for compensating users against such eventualities. Excessive preoccupation with seeds and seed material has obscured other important issues involved in reviewing the research policy. We need to remind ourselves that improved varieties by themselves are not sufficient for sustained growth of yields. in our own experience, some of the early high yielding varieties (HYVs) of rice and wheat were found susceptible to widespread pest attacks; and some had problems of grain quality. Further research was necessary to solve these problems. This largely successful research was almost entirely done in public research institutions. Of course, it could in principle have been done by private companies, but whether they choose to do so depends crucially on the extent of the loss in market for their original introductions on account of the above factors and whether the companies are financially strong enough to absorb the ‘losses’, invest in research to correct the deficiencies and recover the lost market. Public research, which is not driven by profit, is better placed to take corrective action. Research for improving common pool resource management, maintaining ecological health and ensuring sustainability is both critical and also demanding in terms of technological challenge and resource requirements. As such research is crucial to the impact of new varieties, chemicals and equipment in the farmer’s field, private companies should be interested in such research. But their primary interest is in the sale of seed materials, chemicals, equipment and other inputs produced by them. Knowledge and techniques for resource management are not ‘marketable’ in the same way as those inputs. Their application to land, water and forests has a long gestation and their efficacy depends on resolving difficult problems such as designing institutions for proper and equitable management of common pool resources. Public or quasi-public research institutions informed by broader, long-term concerns can only do such work. The public sector must therefore continue to play a major role in the national research system. It is both wrong and misleading to pose the problem in terms of public sector versus private sector or of privatisation of research. We need to address problems likely to arise on account of the public-private sector complementarity, and ensure that the public research system performs efficiently. Complementarity between various elements of research raises several issues in implementing an IPR regime. Private companies do not produce new varieties and inputs entirely as a result of their own research. Almost all technological improvement is based on knowledge and experience accumulated from the past, and the results of basic and applied research in public and quasi-public institutions (universities, research organisations). Moreover, as is increasingly recognised, accumulated stock of knowledge does not reside only in the scientific community and its academic publications, but is also widely diffused in traditions and folk knowledge of local communities all over. The deciphering of the structure and functioning of DNA forms the basis of much of modern biotechnology. But this fundamental breakthrough is a ‘public good’ freely accessible in the public domain and usable free of any charge. Various techniques developed using that knowledge can however be, and are, patented for private profit. Similarly, private corporations draw extensively, and without any charge, on germplasm available in varieties of plants species (neem and turmeric are by now famous examples). Publicly funded gene banks as well as new varieties bred by public sector research stations can also be used freely by private enterprises for developing their own varieties and seek patent protection for them. Should private breeders be allowed free use of basic scientific discoveries? Should the repositories of traditional knowledge and germplasm be collected which are maintained and improved by publicly funded organisations? Or should users be made to pay for such use? If they are to pay, what should be the basis of compensation? Should the compensation be for individuals or (or communities/institutions to which they belong? Should individual institutions be given the right of patenting their innovations? These are some of the important issues that deserve more attention than they now get and need serious detailed study to evolve reasonably satisfactory, fair and workable solutions. Finally, the tendency to equate the public sector with the government is wrong. The public space is much wider than government departments and includes co- operatives, universities, public trusts and a variety of non-governmental organisations (NGOs). Giving greater autonomy to research organisations from government control and giving non- government public institutions the space and resources to play a larger, more effective role in research, is therefore an issue of direct relevance in restructuring the public research system.Which one of the following statements describes an important issue, or important issues, not being raised in the context of the current debate on IPRs?
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MCQ-> Read the following passage carefully and answer the questions given below it. Certain words/phrases have been printed in bold to help you locate them while answering some of the questions.There are various sectors in India that are to be assessed for their strengths, weaknesses, opportunities and threats. The total population is over 1 billion which will increase to 1.46 billion by 2035 to cross China. The huge population will result in higher unemployment and deterioration of quality. Literacy, in India is yet another factor to be discussed. According to 1991 census, 64.8% of the population was illiterate. The major downtrend of education is due to child labour which has spread all over India and this should be totally eradicated by way of surveillance and a good educational system implemented properly by the Government. Pollution is one more threat to the environment and for the country’s prospects. This has been experienced more in urban areas mainly in metropolitan cities. The water pollution by the sewage seepage into the ground water and improper maintenance will lead to various diseases which in turn will affect the next generation. In most of the cities there is no proper sewage disposal. The Government has to take effective steps to control population which, in turn, will minimize the pollution. Poverty questions the entire strength of India’s political view and minimizes the energetic way of approach. The shortfall of rains, enormous floods, unexpected famine, drought, earthquake and the recent tsunami hit the country in a negative way. The proactive approach through effective research and analytical study helps us to determine the effects in advance. Proper allocation of funds is a prerequisite. In developed countries like. U.S., Japan precautionary methods are adopted to overcome this, but it has to be improved a lot in our systems. Increased population is one of the major reasons for poverty and the Government is unable to allocate funds for basic needs to the society. India has nearly 400 million people living below the poverty line and 90% of active population is in informal economy. The children are forced to work due to their poverty and differential caste system. They work in match industry for daily wages, as servants, mechanics, stone breakers, agricultural workers, etc. To prevent child labour, existing laws which favour the Anti Child Labour Act should be implemented by the Government vigorously. More population results in cheap cost by virtue of the demand supply concept. Most of the foreign countries try to utilize this factor by outsourcing their business in India with a very low capital. According to U.S., India is a “Knowledge pool” with cheap labour. The major advantage is our communication and technical skill which is adaptable to any environment. The cutting edge skill in IT of our professionals helps the outsourcing companies to commensurate with the needs of the consumers in a short span. The major competitors for India are China and Philippines and by the way of an effective communication and expert technical ability, Indians are ahead of the race. The major Metropolitan states are targeting the outsourcing field vigorously by giving various amenities to the outsourcing companies like tax concession, allotting land etc., to start their businesses in its cities without any hurdles. Thereby most of the MNCs prefer India as their destinations and capitalize the resources to maximize their assets. Infrastructure is another key factor for an outsourcing company to start a business in a particular city. It includes road, rail, ports, power and water. The increased input in infrastructure in India is very limited where China’s record is excellent. India in earlier days gave more importance to the development of industry and less importance to other departments. But the scenario has quite changed nowadays by allocating a special budget of funds for security. This is because of the frightening increase in terrorism all around the world especially emerging after the 9/11 terror attack in U.S. In the last ten years, budget towards the development of military forces is higher when compared to others. It shows that the threat from our neighbouring countries is escalating. India has to concentrate more on this security factor to wipe out the problem in the way of cross border terrorism. Making India, a developed country in 2020 is not an easy task. India has to keep in check a variety of factors in order to progress rapidly. To quote China as an example is that they demolished an old building to construct a very big port to meet future demands, but India is still waiting for things to happen. The profits gained by India through various sectors are to be spent for the development and welfare of the country. India’s vision for a brighter path will come true not only by mere words or speech, but extra effort needed at all levels to overcome the pitfalls.Which of the following, according to the author, is/are a result(s) of increased population in India ? (A) Pollution (B)Poverty (C) Unemployment....
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