The company fails to deal with stakeholders in insolvency problems, including
financial obligations to employees claiming payment, to ensure that the assets
of the debtor's are preserved during the insolvency resolution process and to
prevent further depletion of the corporate debtor's value. The stakeholder's
perceptions of dropout prevention strategies employed in the industry to take
agreement from the stakeholder to save company assets.
Introduction
The Companies Act,2013 was enacted on 29 August 2013 replacing the Companies
Act, of 1956. Corporate governance in company law is the framework through which
companies are managed and overseen by their board of directors. Shareholders
play a critical role in appointing directors and auditors, ensuring the
establishment of an effective governance framework.
The central government
introduced the insolvency and bankruptcy code (IBC) establish on 1 October 2016,
the main objective is to consolidate and amend all existing insolvency laws
relating to re-organization and insolvency resolution of corporate persons,
Partnership firms, and individuals has been a transformative tool in resolving
stressed assets and improving the credit culture in India.
Structure Code:
- 5 Parts
- Comprising of 255 sections and
- 12 Schedules
- Each part deals with a distinct aspects of the insolvency resolution
process.
Corporate Governance in Corporate stakeholder agreements impact the success of
the company, examining competitors, ensuring access to reliable vendors, and
seeking to establish banking relationships that will allow the company to remain
steadfast aid the ups and downs of business. The stakeholder and the corporation
will require very specific responsibilities to one or more Officers or
Directors, or be associated with a stakeholder whose role is not addressed in
the formation documents, new investors will find essential information tailored
to their needs.
The main mistake when forming corporations or taking on investors/partners is
assuming that a general agreement will be sufficient, but rarely exit
negotiations with clear and matching expectations unless the specifics are
detailed in a written agreement clearly notify then proceed to deal with them.
Simply filling in the blanks in the form contract or adapting from a past
agreement will not be sufficient in most cases, since every role and
relationship differs somewhat and key elements may be omitted. For the
protection of your business and all involved, a specifically-drafted stakeholder
agreement should be prepared, with the assistance of an experienced attorney.
Implement change with stakeholders: The stakeholders engage where the issue to
concentrated and their needs, concerns, and expectations in the company putting
a plan, policy, program, or technology. It is the execution of a concept that
has been formulated by a team, leader, or individual to facilitate for company.
- Analyze stakeholder interests and influence:
- Consider stakeholder's needs, expectations, concerns, and attitudes toward the change.
- Communicate with stakeholders:
- Communication is a critical aspect of change management. It helps stakeholders understand what needs to be done, and decide how to implement change. And monitor progress.
- Involve stakeholders early:
- Involve stakeholders as early as possible in the change process. This can help accelerate change.
Case Laws:
Fundamental corporate governance laws in India are designed to ensure
transparency, and ethical conduct in business:
- The Companies Act of 2013 governs corporate affairs, emphasizing the composition of boards, requirements for disclosures, and responsibilities of directors.
- The SEBI (Listing Obligations and Disclosure Requirements) Regulations of 2015 mandate transparency for listed companies, encompassing governance practices, board functions, and financial disclosures.
- The SEBI (Prohibition of Insider Trading) Regulations introduced in 2015 aim to curb inside trading, ensuring fair market practices and timely disclosure of material information.
- Accounting Standards: Governed by CA, ensuring accuracy and comparability in financial reporting.
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Identify The Stakeholders:
Identifying stakeholders within the change management and control process entails recognizing their identities, interests, expectations, and levels of influence. These stakeholders encompass a wide range of individuals and entities, such as clients, contractors, suppliers, regulators, end-users, and community members, both internal and external to the company. Internal stakeholders are people who have a direct relationship with the company.
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Communicate The Changes:
The change to the stakeholders in a clear, timely, and transparent manner. Effective communication with stakeholders is crucial for informing them about the reasons, benefits, and implications of changes, and for gathering their feedback and input. The process of sharing information about changes in an organization with employees, stakeholders, and customers.
-
Consult The Stakeholders:
Consult the stakeholders and involve them in the decision-making process. Consultation is important to gain the stakeholder's buy-in, support, and approval for the changes, as well as to address any concerns, issues, or objections. A process that may impact a project or policy. The goal is to build trusting relationships and mutually beneficial outcomes by actively listening to stakeholders' concerns and feedback. This can help identify trends and challenges and ensures that engagement plans align with stakeholders.
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Negotiate The Changes:
A mutually acceptable agreement. Negotiation is essential for addressing conflicts, disputes, or disagreements stemming from changes, and for harmonizing the diverse needs, wants, and expectations of stakeholders involved. Negotiate and persuade stakeholders with different interests and goals through active listening and research. Build rapport and trust by finding common ground and emphasizing shared objectives or benefits. Negotiation and compromise are essential skills for finding mutually acceptable solutions and balancing competing interests and expectations.
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Implement The Changes:
The change is according to the agreed plan and scope. Executing change effectively demands a strategic allocation of time, resources, and meticulous planning to attain the desired outcomes and benefits. The ground-level team member might recognize a bottleneck or blocker in their workflows.
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Evaluate The Changes:
Evaluate the changes and measure their impact and effectiveness. Evaluation is important to verify that the changes have met the objectives and expectations of the stakeholders, as well as to identify any lessons learned, best practices, or improvement opportunities. When approaching your executive team with a proposal for organizational change, your overall focus should be on profit and productivity. You might want to poll employees, shareholders, and customers alike to see how the change has affected their experience. An organization may be implementing a new sales strategy or different internal software. Success may be ensuring all relevant roles are using the new system/process, or that it has increased productivity or sales.
Conclusion
Corporate governance in India has undergone a paradigm shift by gradually
becoming more conscience-driven due to interests of customers , employees,
vender and regulators. In the last few years, the thinking on the development
process to The stakeholder and the corporation will require very specific
responsibilities to one or more Officers or Directors, or be associated with a
stakeholder
FAQ:
- What are the key corporate governance laws in India that establish guidelines for transparency, accountability, and investor protection?
- How do corporate governance laws in India impact shareholders rights and interests?
- What are some common challenges that companies face regarding insolvency?
- How can companies enhance their corporate governance practice?
- What challenges do stakeholders typically encounter within a company?
- Where do stakeholders believe improvements are needed within the industry?
Written By: Mr.Rajashekar, JNTUH UCES Telangana
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