Monday, April 4, 2022

A Fund Borrowing option - Debenture


The word ‘Debenture’ has been derived from a Latin word ‘debere’ which means to borrow.

Section 2(30) of the Companies Act, 2013 define “debenture" which includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not.

Debenture can be classified as:

Secure Debenture
Unsecure Debenture

Debenture is a written instrument acknowledging a debt to the Company. It contains a contract for repayment of principal after a specified period or at intervals or at the option of the company and for payment of interest at a fixed rate payable usually either Quarterly, Half-yearly or Yearly basis. 

Types of Debentures:


On the basis of Security:

Secured and Unsecured:

Secured Debenture creates a charge on the assets of the company, thereby mortgaging the assets of the company.

Unsecured Debenture does not carry any charge or security on the assets of the company.

On the basis of Tenure:

Redeemable and Irredeemable:

Redeemable Debentures are those which are payable on the expiry of the specific period (Maximum period 10 years from the date of issue) either in lump sum or in instalments during the life time of the company.

Irredeemable Debentures are also known as Perpetual Debentures because the company does not give any undertaking for the repayment of money borrowed by issuing such debentures. These debentures are repayable on the winding-up of a company or on the expiry of a long period. They can legally be framed as payable to bearer. In India, now days, no company can issue irredeemable debentures.

On the basis of mode of Redemption:

Convertible, Non-convertible & Partly Convertible:

Convertible Debenture are converted into equity shares of the company on the expiry of a specified period.

Non-convertible Debenture is those which cannot be converted into equity shares.

Partly Convertible Debenture are divided into two portions, viz., convertible and non-convertible portion. The convertible portion is converted into equity shares of the company at the expiry of specified period. The non-convertible portion is redeemed at the expiry of the specified period in terms of the issue.   

On the basis of Negotiability:

Bearer and Registered:

The debenture which is transferable by mere delivery is called bearer debenture.

A registered debenture is recorded in the register of debenture holders of the company. A regular instrument of transfer is required for their transfer.

 Mandatory Requirements:

1.    Debenture cannot be issued with voting rights.

2.    A Company shall create a Debenture Redemption Reserve (DRR) out of the profits of the company available for payment of dividend and the amount credited to such account shall not be utilised by the company except for the redemption of debentures.

3.    A company is required to pay interest and redeem the debentures in accordance with the terms and conditions of their issue.

4.    If there is any default in repayment of amount in the event of maturity or default in payment of the interest thereon then the committee will be approached by the Debenture-holders or Debenture Trustee to take appropriate measures.

Conditions for issue of Debentures under the Companies Act, 2013

Debenture Redemption Reserve:

The company shall comply with the requirements with regard to Debenture Redemption Reserve (DRR) and investment or deposit of sum in respect of debentures maturing during the year ending on the 31st day of March of next year, in accordance with the conditions given below:-

Quantum of Debenture Redemption Reserve:


DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Compliance Calender for the Month of April 2022



DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Thursday, March 24, 2022

Income Tax Evaders? Beware!

 


The Central Board of Direct Taxes (CBDT) uses artificial intelligence and data analytics to detect cases of tax evasion. As per information in print media, IT department might deploy the non-filers monitoring system (NMS) to nudge people to file their income-tax returns. Some of the tools include:

  • Statement of financial transactions
  • Tax deduction at source
  • Tax collected at source
  • Details of foreign remittances
  • Trade data and NMS.

“It is surprising that in a country of over 132 Crore population, only 8 Crore pays income-tax (in assessment year 2020-21). The number of taxpayers in the higher tax slabs are even lesser. In this digital era, detection of tax evasion is not very difficult,”.

The government may intensify its exercise to identify people who undertake high-value financial transactions but avoid filing tax returns. The move comes despite the government expecting robust income-tax collection in the financial year, as it wants to widen the tax base, which is a mere 8 Crore.

“In our country great doctors, lawyers, chartered accountants, and a number of professionals who are proficient in their respective fields, are serving the nation. But it is also a fact that there are only 2,200 professionals in the country who declare their annual income to be more than 1 crore, PM had mentioned in one of the speech.

The department started an initiative where, people who do not file tax returns are asked to assess their tax liabilities for the given assessment year and either file returns or submit an online response within a stipulated time, which is generally three weeks. In case of no response, the department may initiate proceedings as per the law.

As on mid-March 2022, over 6.63 crore tax returns have been filed for assessment year 2021-22, which shows less than 3% growth compared to the same period the previous year, according to latest official data.

The net direct tax collection up to mid-March for financial year 2021-22, however, showed over 48% jump at 13.63 lakh crore, compared to 9.18 lakh crore in the corresponding period of the preceding financial year.

The net direct tax collection of 13.63 lakh crore on March 16 includes corporation income-tax at 7.19 lakh crore and personal income-tax, including security transaction tax at 6.40 lakh crore, according to CBDT. The net collection in 2021-22 so far is over 9% higher than the revised estimate of 12.50 lakh crore.

The gross direct tax collection before adjusting refunds, for 2021-22 was 15.50 lakh crore on March 16, compared to 11.20 lakh crore in the corresponding period of the preceding financial year.


DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Tuesday, March 22, 2022

Provision, Contingent Liability and Contingent Assets

 Provision:

  • A liability of uncertain timing or amount.
  • A present obligation (legal or constructive) has arisen as a result of a past event (the obligating event),
  • Payment is probable ('more likely than not'), and
  • The amount can be estimated reliably.


Recognition of a provision:

  • A provision should be recognised when:
  • An entity has a present obligation (legal or constructive) as a result of a past event;
  • It is probable that an outflow of resources embodying economic benefits will be required to settle the obligations; and
  • A reliable estimate can be made of the amount of the obligation 

      If these conditions are not met, no provision should be recognised.



      Contingent Liability:

  • A possible obligation depending on whether some uncertain future event occurs, or
  • A present obligation but payment is not probable or the amount cannot be measured reliably
   

    Contingent Asset:

     An entity should not recognized a contingent asset.

     Contingent assets usually arises from unplanned or other unexpected events that give rise to the possibility of an economic benefits to the entity.

     Contingent assets are not recognized in financial statements since this may result in the recognition of income that may never be realized.

     However, when the realization of the income is virtually certain, then the related asset is not a contingent asset and its recognition is appropriate. 

     A contingent asset should be disclosed, where an inflow of economic benefits is probable.

     Contingent asset are assessed continually to ensure that developments are appropriately reflected in the financial statements. If it has become virtually certain that an inflow of economic benefits will arise, the asset and the related income are recognized in the financial statements of the period in which the change occurs.



       Significant difference in IND AS 37 VIS-À-VIS AS 29


DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Friday, March 11, 2022

Presentation of Financial Statement

General purpose financial statements are those intended to meet the needs of users who are not in a position to require an entity to prepare reports tailored to their particular information needs.


Objectives:




It sets out overall requirements for the presentation of financial statements, guild lines for their structure and minimum requirements for their content.

 Purpose of Financial Statements:

The objective of general purpose financial statements is to provide information about the financial position, performance, and cash flow of an entity that is useful to wide range of users in making economic decisions. To meet the objective, financial statements provide information about entities:

·       Assets

·       Liability

·       Equity

·       Income and expenses, including gains and losses

·       Contributions by and distributions to owners in their capacity as owners; and

·       Cash flows 


     Set of Financial Statements



General features of Financial Statement



DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Tuesday, March 1, 2022

Compliance Calendar for the Month of March 2022

 


























DISCLAIMER
[The view presented in above blog/ article is from North Pole Management LLP. We believe that the views put forward are is in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader can be reached out to the management of the company on the email ID of contact@northpolemanagement.in 
One is always welcome to reach out to us for any assistance, help or for advisory services in relation to the above mentioned topic in this article or any related topics relevant to us]

Wednesday, February 23, 2022

METAVERSE

 



Buzzword Metaverse

Buzzwords in tech come and go. But some of them stick around. Artificial intelligence, virtual or augmented reality, crypto, blockchain — the list goes on and gets bigger by the day as technology makes bigger strides and evolves faster.

Meet the latest buzzword that’s here to stay: The Metaverse.

Technology is ever-changing and the evolution of the metaverse is just one recent development in the world of technology, but one that will have a huge impact on the human experience as we know it.

The term formally entered the mainstream realm when Facebook rebranded itself to Meta Platforms Inc. (now widely referred to as Meta) in October 2021 in an effort to leap beyond its social media roots and signal a broader agenda around “the next chapter of the Internet”.

Brief introduction about Metaverse, this will include a breakdown of what it means and a look at both its current and future states.

What is the Metaverse?



The word “Metaverse” was first coined in a 1992 dystopian sci-fi novel, Snow Crash, written by Neal Stephenson.

But what exactly does it mean? Let’s breakdown the word for easier understanding. The suffix “Meta” comes from ancient Greek, which means “beyond”, “after” or “behind”, it can even mean “transformative”. The “beyond” sense of meta still lingers in words like metaphysics or meta-economy. The second half of the word, “verse”, derives from the word "universe" and describes either a specific sphere or area or a fictional world. As a whole the word “metaverse” generally refers to a virtual world that lies beyond, on top of, or is an extension of the physical world.

Let’s mention an example to make it clearer. Imagine that your dream is to visit the Taj Mahal, walk its stunning hallways and see its majestic gardens. To live this Mughal experience, you will probably need money.  So, you need to pay for transport, accommodation, food, and all the other details of your trip.

However, you also need time. Therefore, you not only need money, but also time to travel. Now, what if you could have a very similar experience, but right away? That’s where the Metaverse seems to have its forte.

You could take a trip to the Taj Mahal almost instantly, and you can enjoy it almost as if you would, in real life. Through the Metaverse way, you could see the details of the monument with your own eyes. Thanks to virtual reality technology, one of the supports of the Metaverse, you will believe that what you are seeing is real.

 Who is Building the Metaverse?

Facebook is one of the loudest voices for the creation of a unified Metaverse. This is particularly interesting for a crypto-powered Metaverse due to Facebook's Diem Stable coin project. Mark Zuckerberg has explicitly mentioned his plans to use a Metaverse project to support remote work and improve financial opportunities for people in developing countries. Facebook’s ownership of social media, communication, and crypto platforms give it a good start combining all these worlds into one.

Other large tech companies are also targeting the creation of a Metaverse, these include:

1.  Epic Games:

Epic Games, the company behind the popular immersive game Fortnite, was always perfectly poised to build the Metaverse.

It formalised its intentions this year, announcing a $1 billion funding round to fuel growth opportunities for the Metaverse.

Niantic:

Niantic’s Pokémon Go was among the first immersive experiences to blur the lines between real and virtual.

Now the company has raised $300 million to build its own Metaverse, one that will be an alternative to the original notion of the Metaverse as a “dystopian nightmare”.

Nvidia:

While Nvidia isn’t directly building a Metaverse of its own, it will be a key enabler.

In 2021, it announced Omniverse Enterprise where creators can collaborate on 3D modeling, design, and simulation. Omniverse combines 3D graphics with AI and supercomputing, laying the foundations of the Metaverse.

Microsoft:

Microsoft, meanwhile, is looking to build a work-focused Metaverse that connects its hugely popular offerings in a digital environment called Mesh.

Inside Mesh, you’d be able to use Microsoft Teams, Windows, and other services in VR.

Decentraland:

Decentraland was among the early movers who explicitly mentioned the Metaverse as their core product.

Since its inception in 2017, Decentraland has steadily gained momentum – a piece of real estate inside its VR world recently sold for a record $2.4 million.

Apple:

Apple could be a surprising dark horse in the race towards the Metaverse. It is currently working on advanced VR gear that could revolutionize the Metaverse experience.

Morgan Stanley went as far as to say that mass-market adoption of the Metaverse hinges on Apple, much like smartphone and tablet markets before it.

The Future

Currently the Metaverse isn’t fully in existence, but some platforms contain Metaverse -like elements. Certain video games, like Second Life and Fortnite, currently provide the closest Metaverse experience on offer by bringing together multiple elements of our lives into online worlds. While these applications are not the Metaverse, they are somewhat similar.

When the COVID-19 pandemic raged across the world and grounded economies, it was the internet and the resulting Work from Home (WFH) technology aids that helped companies stay afloat, and arguably, even expand rapidly. Various sectors like education have radically changed post-pandemic and have become more technology-intensive.

The Metaverse will potentially alter these sectors further by introducing virtual reality (VR) based wearables. These wearables will introduce the users to an alternate virtual world from the confines of their homes. People will be able to interact without the need to undergo long commutes, breathe in polluted air or even dress up for different occasions. Children will be able to study various subjects and modules at their own pace and expand their horizons beyond what is currently possible with traditional syllabi.

Post-work routines like watching movies or social interactions with friends will have their alternatives in the virtual world without the hassles involved in the physical world. In short, the possibilities with the Metaverse are endless.

The Metaverse will be driven by augmented reality, with each user controlling a character or avatar. For example, you might be able to take a mixed reality meeting with an Oculus VR headset in your virtual office, finish work and relax in a blockchain-based game, and then manage your crypto portfolio and finances all inside the Metaverse.

Pros and Cons of the Metaverse

The Bright Side of the Metaverse:

We believe the core advantage of the metaverse is the identification and realization of novel applications that would revolutionize the way individuals use the internet and other related digital communication technologies. Similar to the advantages of Web 2.0 and social media, the concept will bring forth new value-creating digital products and services with practical applications.

We believe following are the specific advantages of the Metaverse:

1.     Expansion of Social Media beyond Web 2.0,

2.     Innovative Communication for Work and Education,

3.     New Opportunities for Businesses,

4.     Bring people together,

5.     Further promotion of Virtual Economy.

The Ugly Side of the Metaverse

Big Tech companies that are promoting the creation of the Metaverse are essentially aiming for people to live in this digital realm.

However, the idea does not sit well with other industry players and critics. They have raised several issues and concerns regarding the creation and applicability of the Metaverse. Of course, if these problems remain unsolved, the metaverse will simply inherit them and in certain scenarios, will make them worse.

We believe following are the specific disadvantages of the Metaverse:

1.     Require advanced digital Technologies,

2.     Erode Human Relationships and generate addiction,

3.     Privacy and Security issues,

4.     Over stimulate your senses,

5.     Separate you from the real world and make you lose track of time.

Closing Thoughts

While a single, united Metaverse is likely a long way off, we already can see developments that may lead to its creation. If we will ever really reach the point of a Metaverse in this decade, is unsure. But in the meantime, we can already experience Metaverse-like projects more into our daily lives.

The metaverse is for sure the next big thing, the normal evolution of the internet. Just as computers were in the 80s, the internet was in the 90s, smartphones were after 2000, or the cryptocurrencies were in the last decade.

How it will impact our lives, depends a lot on us, on how we will use it. I bet that it will happen just like with the other innovations. Some will use the metaverse for good and others, for bad things.

We are experiencing the beginning of the next step in our history. Let’s embrace it!

-By Dishank Pawar
(Article)

DISCLAIMER
The information shown in above blog/ article is from North Pole Management LLP. We believe that the information put forward are in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader they can directly reach out to the management of the company on the email ID of contact@northpolemanagement.in
One always welcome you for any assistance, help or for advisory services in relation to the above mentioned topic or this article or any related topics relevant to us


Monday, February 21, 2022

Sec 73 of Companies Act: Prohibition on acceptance of deposits

 



Deposits are a means through which companies generally acquire funding. The provisions concerning deposits are covered under Sections 73 to 76 of the Companies Act, 2013, which are generally read with the prescribed Rules. As per the Companies Act, 2013, a deposit is any money that is received, either by means of a deposit or a loan or any other form as may be prescribed, but does not include certain classes of transactions.


List of exempted deposit:


Section 73 to 76 of the Companies Act 2013, and the companies acceptance of Deposits Rules, 2014 shall apply to all companies Excluding:-

 

Ø Banking Company

Ø Non-Banking Financial Company registered with RBI

Ø Notified company by the Central Government in consultation with the RBI.


 

Company can accept the deposits from the members as well as from public (Sec. 73 to 76)


























*Conditions for Private Company:

  1. Company which is not associated or subsidiary with any other company.
  2. The borrowing of such a company from banks or financial institutions or any body corporate is less than twice of its paid up share capital or Rs. 50 cr. Whichever is less.
  3. Company which has not defaulted in the repayment of such borrowing subsisting at the time of accepting deposit u/s 73.

 

**Specified IFCS Public Company:

An unlisted public company which is licensed to operate by RBI or SEBI or IRDA from the International Financial Services Centre located in an approved multi services SEZ set up under the Special economic Zones Act, 2005.

 

***Eligible Companies:

                            I.    A public company having a net worth of not less than Rs.100 Crore or

                           II.    Turnover not less than Rs. 500 Crore

 

****Other Companies:

                            I.     A public company other than

                           II.     Specified IFSC Public Company

                         III.     Eligible Company

  

ROC Forms need to be filled for Acceptance of Deposit:

DPT-1- Circular in the form of announcement inviting deposits

DPT-2- Deposit Trust Deed

DPT-3- Return of Deposits

DPT-4- Statement regarding deposits existing on the Commencement of the Act.



DISCLAIMER
The information shown in above blog/ article is from North Pole Management LLP. We believe that the information put forward are in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader they can directly reach out to the management of the company on the email ID of contact@northpolemanagement.in
One always welcome you for any assistance, help or for advisory services in relation to the above mentioned topic or this article or any related topics relevant to us