Enabling Legislations, Financial And Procedural Incentives, And Business Opportunities For Investors (1)

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Enabling legislations, financial and procedural incentives, and business opportunities for investors

  • Today, economy of India is the seventh largest in the world by nominal Gross Domestic Product (“GDP”) and third largest by purchasing power parity and the annual Growth rate of GDP has been 7.3% from 2011 to 2015.
  • The country is classified as a newly industrialised country , one of te G-20 major economies , a member of BRICS  and a developing economy with an Average growth rate of approximately 7% over the last 2 decades.
  • One of the significant consequences of this growth has been the transformation of a primarily agrarian economy into service and Industry oriented economy.
  • These changes have also led to India emerging as a global center for information technology and information technology enabled Services like business process Outsourcing.
  • Manufacturing cost competitiveness has contributed to India becoming attractive destination for outsourcing industrial production, particularly for specialty manufacturing.
  • Recent global developments have demonstrated that India’s strong fundamentals and robust domestic consumption levels make it a resilient economy that can withstand global economic slowdown and declining consumption levels.

Ease of Doing Business

  • Ease of Doing Business is one of the important initiatives run by the Government and is crucial to the success of various initiatives such as Make in India, Start-up India, Digital India, etc.
  • In the current global Environment, where capital is scarce and there are countries competing for attracting the same capital, it is important to make India an investor-friendly destination.
  • The first step toward this objective is to do away with multiple procedures, rules, regulations and red tape and bring more transparency and clarity in policies.
  • Key initiatives undertaken by the Central Government for ease of doing business in India are highlighted hereunder:

Central Government Initiatives for Ease of doing business

Facilitating investments

  • Investor Facilitation Cell established to provide primary support for all Investment queries and for providing handholding and liasioning services to investors
  • Dedicated Japan Plus Cell established to facilitate and speed up investment proposals and augment economic ties between India and Japan
  • Dedicated desk established to facilitate and speed up investment proposals and augment economic ties between India and Korea, China, Canada, the US  
  • E-Biz: A single-window online portal, where any investor looking to start a new business or establishing a new industrial unit, can avail core services needed to obtain necessary clearances, licenses, complete mandatory tax registrations and regulatory filing that are required to operate the business/industrial unit
  • Checklist with specific time-lines has been developed for processing all application filed by foreign investors in cases relating to Retail/ NRI/ Export oriented units
  • Investments in LLP opened up to foreign investors in specific sectors.

SIMPLIFICATION in administration of labor laws

  • Shram Suvidha — Multiplicity of labor laws and the difficulty in their compliance had always been cited as an impediment to industrial development. In order to redress the same, Government launched an online portal Shram Suvidha, which is expected to facilitate:
  • Ease of reporting at one place for various labor laws
  • Consolidated information of labor inspection and its enforcement
  • Allotment of Labour Identification Number (LIN) to units to facilitate online registration and filing of returns
  • Real time registration with Employee State Insurance Corporation (ESIC) and Employee Provident Fund Organisation (EPFO)

Simplifying operation of business in India

  • Curbing the need of Consent to Establish/No Objection Certificate (NOC) letter for new electricity connections.
  • Online application and monitoring for environmental and forest clearances.
  • Simplification in obtaining industrial licenses:
  • Simplified forms for obtaining industrial licence and Industrial Entrepreneurs Memorandum (IEM)
  • Granting security clearance on Industrial License applications within 12 weeks by Ministry of Home Affairs
  • Dual use items (defence and civilian items) unless classified as defence items, will not require industrial licenses
  • Initial validity period of industrial licenses has been increased to three years from two years to enable procurement of land and obtain necessary clearances/approvals from authorities
  • Frequently asked questions (FAQs) have been developed and uploaded on Department of Industrial Policy & Promotion (DIPP) website
  • Reduction in the mandatory documents required for import and export of goods from eleven to three

Simplification of various compliance under the Companies Act

    • The Ministry of corporate affairs constituted the Companies Law Committee in June 2015 to examine and make recommendations on the issues arising out of implementation of the Companies Act, 2013.
  • The committee suggested nearly 100 amendments to the new Companies Act to make it easier to do business in India. This includes for simpler laws to incorporate a company and to raise funds, as well as for insider trading and dealings with top executives
  • The Companies Amendment Act, 2015 has been passed to remove requirements of minimum paid-up capital and common seal for companies and certificate of commencement of business for private companies.
  • Introduction of integrated process of incorporation wherein the name of the company can be simultaneously obtained with application for Directors Identification Number (DIN)
  • Single process for incorporation of company, allotment of Permanent Account Number (PAN) and Tax deduction Account Number (TAN)

Moving in line with the Central Government and to attract investment in the states, the State Government took various steps to ease the governance. State government initiatives taken are highlighted hereunder:

State Government initiatives Ease of doing business

Gujarat:

  • Online consent system for environment clearances
  • Geographic Information System (GIS)-based land identification system

Maharashtra:

  • Unified process with single identification for Value Added Tax and Professional Tax registration
  • Time required for getting an electricity connection has been reduced to 21 days from 67 days and procedures involved has been cut down to 3 from existing 7
  • Commercial benches established in Bombay High Court to settle high value commercial disputes

Punjab:

  • Creation of “Invest Punjab”, as a one-stop clearance system for investment projects
  • Exemption to 131 industries from consent requirement by Pollution Control Board

Delhi:

  • Real time allotment of Tax Identification Number (TIN)
  • Commercial benches established in Delhi High Court to settle high value commercial disputes
  • Procedure and time required for new electric connection reduced.
  • Online portal for construction permits for residential, industrial, institutional and commercial buildings

Chhattisgarh:

  • Online consent and monitoring system to obtain environmental clearances
  • Validity of consent obtained also extended  

Puducherry:

  • Green industries exempted from inspection by Pollution Control Committee

Karnataka:

  • Checklist for 86 government services and delivery timelines across 23 departments/organizations made available on Karnataka Udyog Mitra, an online portal to facilitate investment in the state

Uttarakhand:

  • Replacement of static check posts established by the commercial tax department for checking of the goods at the point of their import into the state with mobile squads

 

Boost to manufacturing through “Make in India”

  • Launched in September 2014, the Make in India initiative aims to achieve long-term sustainable growth of 10% in manufacturing.
  • The overall aim is to build best-in-class manufacturing Infrastructure-2/”>INFRASTRUCTURE by enabling investments, boosting innovation, encouraging Skill development and strengthening intellectual property protection.
  • This initiative focuses on 25 sectors.

 Key highlights:

  • The Government is pushing for import substitution by encouraging local manufacturing of up to 181 imported products
  • New reforms have been introduced for the labor market, including a single-window labor compliance process for industries, more user-friendly provident fund facilities, and a new inspection scheme
  • The Department of Industrial Policy and Promotion (DIPP) is encouraging advanced manufacturing by deregulating a large number of products such as defense items, from the purview of industrial licensing
  • The Government has eased FDI limits in several high value-added sectors such as telecom, retail, defense, construction and railways

“Digital India” initiative to drive technology sector in India

  • Digital India is a US$17.7b (INR1.13t) government initiative, which aims to create an electronically connected economy, attract investment in electronics manufacturing, create millions of jobs and support trade.

Key highlights:

  • Under the “Digital India” initiative, also known as “e-Kranti,” the Government aims to provide digital access to all citizens in both urban and rural areas. The initiative is expected to add US$1t to the economy by 2025
  • It seeks to expand rural Internet coverage from 130,000 villages to 250,000 villages by 2017
  • The Government has allocated US$0.4b (INR25.1b) for the project in the FY16 budget. It also plans to invest US$75–84m to provide basic computer Education with the assistance of private companies
  • As a result of this initiative, there exist several opportunities in the fields of IT services (hardware and Software), shared service centers, knowledge services, data analytics, mobile and wireless services, business process management and IT consulting

 

Pradhan Mantri Jan Dhan Yojana (PMJDY): financial access for every citizen

  • PMJDY is a national mission, which was launched with the objective to provide Banking and financial services to all sections of the Society in an affordable manner.
  • These services include banking/Savings and deposit accounts, remittance, credit, insurance and pension.

Key highlights:

  • PMJDY aims to ensure that at least one member in every Indian household has a bank account and an insurance cover of INR100,000
  • The campaign aims to cover 75m households and provide a wide range of financial services to all citizens by tapping the unbanked Population in the country

Startup India, Standup India” initiative to help boost Entrepreneurship

  • Launched in January 2016, this initiative aims to boost start-up ventures as a means to promote entrepreneurship and job creation in India.

Key highlights:

  • It provides incentives such as three-year Income tax exemption and concessions on Capital Gains tax to start-up ventures
  • Under the initiative, the GOI will create a fund worth INR100b (US$1.5b) to back startups
  • The GoI has announced the establishment of a Startup India Hub, which act as a single point of contact for interactions with the government
  • The initiative entails the establishment of the Atal Innovation Mission (AIM) for promotion of R&D including 500 tinkering labs, 35 public-private sector incubators, 31 innovation centers at national institutes, 7 new research parks and 5 new bio-clusters

 

Other recent programs:

  • In April 2015, the GoI unveiled a new Foreign Trade Policy (FTP), which targets to nearly double India’s exports to US$900b by 2020. Five existing schemes to promote merchandise exports have been brought under a single Merchandise Exports from India Scheme (MEIS). The Served From India Scheme (SFIS) has been replaced by the Service Exports from India Scheme (SEIS)
  • Jan Dhan Yojana, Aadhaar and Mobile number (JAM) trinity has been launched to deliver direct benefits to India’s poor and keep inefficient distribution of subsidies under control
  • In May 2015, the GoI also launched a single form called INC-29, which will replace the eight forms that had to be filed earlier to start a business
  • Skill India aims to provide high-quality education and training to 500m Indian youngsters by 2020
  • Other initiatives include the Payments and Settlement Systems (Amendment) Bill 2014, which aims to address the insolvency issue in the payment and settlement system as well as the Right to Fair Compensation and Transparency in Land
  • Acquisition, Rehabilitation and Resettlement (Amendment) Second Bill 2015, which would help in expediting infrastructure projects
  • The Government launched an “e-biz” portal in February 2015 that integrates 14 regulatory permissions in one place to facilitate easy approvals. Over time, all state and central government-to-business (G2B) services will be integrated to the portal in a bid to further ease doing business in India

 

Investment Opportunities in India

India provides great avenues for investments in various sectors

 

  • Automobile
  • Automobile Components
  • Aviation
  • Biotechnology
  • Cement
  • Chemicals
  • Construction
  • Defence Manfacturing
  • Education
  • Electrical Machinery
  • Electronic Systems
  • Food Processing
  • Gems & Jewellery
  • Healthcare
  • Heavy Industry
  • IT & BPM
  • Leather
  • Media & Entertainment
  • Mining
  • Oil & Gas
  • Pharmaceuticals
  • Ports
  • Railways
  • RENEWABLE ENERGY
  • Retailing
  • Roads & Highways
  • Space
  • Steel

 

  • Telecommunications
  • Textiles and Garments
  • Thermal Power
  • Tourism and Hospitality
  • Wellness

Make In India Programme

ABOUT THE PROGRAM

  • The Make in India initiative was launched by Prime Minister in September 2014 as part of a wider set of nation-building initiatives.
  • Devised to transform India into a global design and manufacturing hub, Make in India was a timely response to a critical situation: by 2013, the much-hyped emerging markets bubble had burst, and India’s growth rate had fallen to its lowest level in a decade.
  • The promise of the BRICS Nations (Brazil, Russia, India, China and South Africa) had faded, and India was tagged as one of the so-called ‘Fragile Five’.
  • Global investors debated whether the world’s largest Democracy was a risk or an opportunity.
  • India’s 1.2 billion citizens questioned whether India was too big to succeed or too big to fail. India was on the brink of severe economic failure.

PROCESS OF MAKE IN INDIA

  • Make in India was launched by Prime Minister against the backdrop of this crisis, and quickly became a rallying cry for India’s innumerable stakeholders and partners.
  • It was a powerful, galvanising call to action to India’s citizens and business leaders, and an invitation to potential partners and investors around the world. But, Make in India is much more than an inspiring slogan.
  • It represents a comprehensive and unprecedented overhaul of out-dated processes and policies.
  • Most importantly, it represents a complete change of the Government’s mindset – a shift from issuing authority to business partner, in keeping with Prime Minister’s tenet of ‘Minimum Government, Maximum Governance’.

PLAN FOR MAKE IN INDIA

  • To start a movement, you need a strategy that inspires, empowers and enables in equal measure.
  • Make in India needed a different kind of campaign: instead of the typical statistics-laden newspaper advertisements, this exercise required messaging that was informative, well-packaged and most importantly, credible.
  • It had to
  1. Inspire confidence in India’s capabilities amongst potential partners abroad, the Indian business community and citizens at large;
  2. Provide a framework for a vast amount of technical information on 25 industry sectors; and
  3. Reach out to a vast local and global audience via Social Media and constantly keep them updated about opportunities, reforms, etc.
  • The Department of Industrial Policy & Promotion (DIPP) worked with a group of highly specialised agencies to build brand new infrastructure, including a dedicated help desk and a mobile-first website that packed a wide array of information into a simple, sleek menu.
  • Designed primarily for mobile screens, the site’s architecture ensured that exhaustive levels of detail are neatly tucked away so as not to overwhelm the user.
  • 25 sector brochures were also developed: Contents included key facts and figures, policies and initiatives and sector-specific contact details, all of which was made available in print and on site.

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Enabling Legislations

Enabling legislation is a law that creates or authorizes a government agency or other entity to carry out a particular function. In the context of business, enabling legislation can provide a number of benefits to investors, including:

  • Increased certainty: Enabling legislation can provide investors with greater certainty about the legal and regulatory environment in which they are operating. This can be particularly important for businesses that are operating in new or emerging markets.
  • Reduced risk: Enabling legislation can help to reduce the risk of investment by providing a framework for dispute resolution and other mechanisms to protect investors’ rights.
  • Increased access to capital: Enabling legislation can help to increase access to capital for businesses by providing a clear and transparent process for obtaining financing.
  • Improved infrastructure: Enabling legislation can help to improve infrastructure in a country or region, which can make it more attractive for businesses to invest.

Financial And Procedural Incentives

Financial and procedural incentives are a variety of measures that governments can use to encourage investment. These incentives can take many forms, including tax breaks, subsidies, and grants. They can also include measures to simplify the regulatory environment and make it easier for businesses to operate.

Financial and procedural incentives can be a valuable tool for attracting investment, particularly in countries or regions that are not as well-developed as others. They can help to level the playing field for businesses operating in different countries and can make it more attractive for businesses to invest in areas where there is a need for development.

Business Opportunities

Business opportunities are the potential for businesses to generate revenue and profits. They can arise from a variety of factors, including changes in consumer demand, technological innovation, and government policy.

Business opportunities can be found in a wide range of industries and sectors. Some of the most common business opportunities include:

  • New product development: Businesses can generate revenue by developing new products that meet the needs of consumers.
  • Market expansion: Businesses can generate revenue by expanding into new markets.
  • Cost reduction: Businesses can generate revenue by reducing costs.
  • Efficiency improvements: Businesses can generate revenue by improving efficiency.

Business opportunities can be a valuable source of growth for businesses. By identifying and pursuing business opportunities, businesses can increase their revenue and profits.

In conclusion, enabling legislation, financial and procedural incentives, and business opportunities are all important factors that can influence investment decisions. By understanding these factors, investors can make more informed decisions about where to invest their Money.

What are the enabling legislations for investors in the Philippines?

The following are some of the enabling legislations for investors in the Philippines:

  • The Foreign Investment Act of 1991 (FIA)
  • The Omnibus Investments Code of 1987 (OIC)
  • The Build, Build, Build program
  • The Tax Reform for Acceleration and Inclusion (TRAIN) Law

The FIA allows foreign investors to participate in all sectors of the Philippine economy, except for those that are reserved for Filipinos. The OIC provides incentives for foreign investors, such as tax breaks and duty-free importation of capital equipment. The Build, Build, Build program is a government initiative to invest in infrastructure projects, which will create jobs and opportunities for businesses. The TRAIN Law is a tax reform law that aims to lower corporate taxes and simplify the tax system.

What are the financial and procedural incentives for investors in the Philippines?

The following are some of the financial and procedural incentives for investors in the Philippines:

  • Tax breaks
  • Duty-free importation of capital equipment
  • Exemption from local taxes
  • Fast-track processing of permits and licenses
  • Special economic zones

Tax breaks are available to businesses that invest in certain sectors of the economy, such as manufacturing, agriculture, and tourism. Duty-free importation of capital equipment is available to businesses that invest in new projects. Exemption from local taxes is available to businesses that invest in certain areas of the country. Fast-track processing of permits and licenses is available to businesses that invest in priority projects. Special economic zones are areas where businesses can enjoy tax breaks and other incentives.

What are the business opportunities for investors in the Philippines?

The Philippines is a country with a population of over 100 million people. It is a member of the Association of Southeast Asian Nations (ASEAN) and has a growing economy. The Philippines has a number of business opportunities, including in the following sectors:

  • Manufacturing
  • Agriculture
  • Tourism
  • Information technology and business process outsourcing (IT-BPO)
  • Energy
  • Infrastructure

The manufacturing sector is one of the largest sectors of the Philippine economy. The country has a number of competitive advantages in manufacturing, such as a low-cost labor force, a skilled workforce, and a strategic location. The agriculture sector is another important sector of the Philippine economy. The country is a major producer of rice, corn, and sugar. The tourism sector is growing rapidly in the Philippines. The country has a number of attractive tourist destinations, such as Boracay, Palawan, and Cebu. The IT-BPO sector is one of the fastest growing sectors of the Philippine economy. The country has a large pool of English-speaking workers and a good infrastructure for IT-BPO. The Energy sector is another important sector of the Philippine economy. The country has a number of renewable Resources/”>Energy Resources, such as solar and wind power. The infrastructure sector is another important sector of the Philippine economy. The government is investing heavily in infrastructure projects, such as roads, bridges, and Airports.

  1. Which of the following is not a type of enabling legislation?
    (A) Investment Promotion Act
    (B) Foreign Investment Act
    (C) Companies Act
    (D) Competition Act

  2. Which of the following is not a financial incentive for investors?
    (A) Tax breaks
    (B) Subsidies
    (C) Loan guarantees
    (D) Tariffs

  3. Which of the following is not a procedural incentive for investors?
    (A) Fast-track approval for investment projects
    (B) Single-window system for investment approvals
    (C) Investor-state dispute settlement mechanism
    (D) Free trade agreements

  4. Which of the following is not a business opportunity for investors?
    (A) Manufacturing
    (B) Agriculture
    (C) Tourism
    (D) Mining

  5. Which of the following is the most important factor for investors when choosing a country to invest in?
    (A) Political stability
    (B) Economic stability
    (C) Rule of Law
    (D) Infrastructure

  6. Which of the following is the most important factor for investors when choosing a sector to invest in?
    (A) Market size
    (B) Growth potential
    (C) Profitability
    (D) Risk profile

  7. Which of the following is the most important factor for investors when choosing a company to invest in?
    (A) Management team
    (B) Products and services
    (C) Financial performance
    (D) Industry dynamics

  8. Which of the following is the most important factor for investors when choosing a project to invest in?
    (A) Return on investment
    (B) Risk profile
    (C) Timeline
    (D) Sustainability

  9. Which of the following is the most important factor for investors when choosing a partner to invest with?
    (A) Financial strength
    (B) Experience
    (C) Reputation
    (D) Strategic fit

  10. Which of the following is the most important factor for investors when choosing a lawyer to advise them on an investment?
    (A) Experience
    (B) Expertise
    (C) Reputation
    (D) Cost