The Law On Attempt Offences - 863 Words

The law on attempt offence is one of three principal crimes linked with inchoate offences – the two other key ones being incitement and conspiracy. This essay will however only be focusing on and assessing the law on attempt offences. Attempt crimes can be classified in two different ways: the first one being when the original plan of a crime fails to succeed as consequence of an unforeseen factor. The second being when the bringing about of a crime fails due to a mistake from the offender’s side. Both categories involve the perpetrator having taken actual steps towards committing the crime, but it failing for unexpected reasons. Simply put – any attempt to bring about a crime is a crime in itself. This all sounds straightforward but in reality, it is far more complicated as what seems – per instance, how do you go about, and why, at all, can someone be punished for a crime which was not even successfully committed – those are questions worth asking. The reason that the conviction of an attempt crime is possible has to do with the fact that the accused has done their best in bringing about the crime. Ergo the mens rea was present, and it was merely external factors that prevented the crime from happening. Thus, the accused can still, and is still seen as a danger to society. Secondly, one should bear in mind that if this kind of interference was not possible, it would be virtually impossible for law enforcement to intervene in crimes that were at the early stages ofShow MoreRelatedExpansion of Criminal Responsibility in Nsw892 Words   |  4 PagesINTRO The expansion of criminal responsibility has broadened the scope of liability and defences applicable in relation to Offences Against the Person. PRINCIPALS AND ACCESSORIES Central to this expansion is determining liability through a persons degree of associated knowledge and participation in a crime. In a criminal context, the principal offender is one whose acts or omissions are the most immediate cause of death. The identification of secondary parties depend on judicial interpretationRead MoreThe Ethics Of An Incomplete Attempt909 Words   |  4 PagesAn incomplete attempt is where the attempter had planted a bomb but is detained before he could set the bomb off. There have been many arguments put back and forth to punish incomplete attempts as you would if you had completed the attempt. Treating incomplete more leniently was first brought to our attention by Sir Blackstone (Ashworth, A 1988) whom stated that the ‘affirmed punishment must only be in accordance with the actions that have been committed’ (Jacqueline M, 2013). Further arguing thatRead MoreBackground And Legislative Framework : Australia1453 Words   |  6 PagesUNCAC include making foreign bribery an offence and prosecuting the individuals and companies who engage in it. Several pieces of legislation form the framework for†¦ these include: Criminal Code Act , Proceeds of Crime Act , Ignorance of the nature of the conduct is not a defence. The onus is on you and the other directors of the company to be aware of the activities that constitute bribery. Bribery Activities Bribing foreign public officials is an offence under the Criminal Code . The definitionRead MoreThe nature of crime1412 Words   |  6 Pagesï » ¿UOW1 – The nature of crime The nature of crime The nature of crime embodies the offences made against the state representing society and the population. Within this concept is the operation of principles going to the rights of the victim and the accused in the criminal law process. This process encompasses the commission and elements of the crime going to the actus reus (action of the accused), mens rea (intention of the accused) and causal link to make out the crime; the criminal investigationRead MoreCriminal Liability And The Civil Liability1387 Words   |  6 PagesLaws are constantly developing to meet the needs of an ever changing society which needs an unbiased court of Law. Statutes and common law has its own advantages and disadvantages in the development of civil and criminal liability. In this essay I will explore murder, rape and rape in criminal liability and contract and tort in civil liability. Contractual agreements can be analysed by the use of offer and acceptance. A binding contract is created when one party makes an offer and the other partyRead MoreEssay about Tutorial Questions Week 3719 Words   |  3 Pageswish to consider both sides of the argument, but do not waste effort formulating an argument that you consider to be without merit. Section 1 of the Street Offences Act 1989 provides: This Act is intended to prevent solicitation for purposes of prostitution in streets and other public places. Section 2 provides: It shall be an offence for a prostitute to loiter or solicit in a street or public place for the purposes of prostitution. Carla, a prostitute, was charged under this section. It wasRead MoreDefining Feinberg s Offence Principle And Hate Speech By R Cohen Almagor1125 Words   |  5 Pagesstart by defining Feinberg’s Offence Principle and explain why it is proposed to help fill the potential gaps in Mill’s Harm Principle. Then by using an argument Mill himself used in On Liberty, I will attempt to show why I believe The Offence principle actually goes to far. Feinberg advocates that the Harm Principle ‘cannot shoulder all the work necessary for the principle of free speech’. He believes the Harm Principle does not go far enough in protecting people. The law, he believes, needs to takeRead MoreThe Law on Robbery Essays977 Words   |  4 PagesThe Law on Robbery The law on robbery is contained in the Theft Act 1968; an act in which the government attempted to clarify the law on theft and related offences. Robbery as an offence can be seen as an aggravated theft – it is necessary that the elements of theft be satisfied before the prosecution can attempt to achieve a successful conviction for robbery. While the law surrounding the offence of Theft has been subject to deliberation and criticism since the passingRead MoreThe Sexual Offences Bill 2015 Essay1255 Words   |  6 PagesSexual offences Bill 2015 A Sexual offences Bill was passed by the Nigerian senate on the 27th of Mat 2015 but is yet to get the presidential accent which would make it into law. Given the status of the bill pending the accent of the president it is not yet law and thus is not yet legally binding; however the SOB in its mandate to protect all persons from sexual offences such as rape, defilement, indecent exposure, sexual assault and a varying newly introduced elements of sexual offences has a veryRead MoreAwa Case Study1174 Words   |  5 Pagesevery animal is protected under a law. Another change to the AWA is to make a punishment for not following the law. This could be a number of things, but the most effective would be a fine and a representative from the USDA sent to oversee or check up on the changes being made to make the facility follow the law. For this solution to work the USDA needs to hire more inspectors and representatives to fix the facilities. This fine would be $15,000 for a first offence and have an inspector come to the

Grandparents House A Home Away From Home Essay - 1452 Words

Grandparents House: A Home Away From Home As I approach the turn to my Grandparents house, my stomach turns in anticipation of the sweet sugar cookie smell that awaits. I turn up the long narrow gravel road and park my car in front of their house. I step outside and a chilly little breeze bites at my cheeks. I take a deep breath and the sweet smell of burning cedar enters my nose. I look up to the chimney and see the gray puffs of smoke scatter as it hits the still winter air. I shut the car door and follow the sidewalk to the back door. I open the door and a child-like smile immediately spreads across my face. Before I can even get my shoes off, my grandma greets me with her usual warm hello. I smile back at†¦show more content†¦I grab a box and head up stairs. I spot the old record player my cousin and I would always mess with. I go in the loft and put on one of the old Time Life Christmas records. Suddenly some of my most cherished Christmas memories start to come back. I can picture me and my cousin sitting on the top of the stairs, plotting out how we would proceed to open presents on Christmas day. Nearly every year, we would plan to open the paper so carefully, it wouldnt even tear. Of course, this never went as planned, and it ended up being a race to see who would finish first. I start to hang decorations along the banister and finally finish up at the bottom of the stairs. I walk over to the grand piano, and drape some more decorations on it. Sitting on the piano bench, I think back to all the piano lessons my grandma repeatedly tried to give me. They almost all ended in failure, but it was worth it just to hear my grandma play. She has always been such an amazing artist. Not only does she play the piano, but she is an incredible painter. To this day, I can still just show up unexpectedly and well just spend the afternoon painting outside in her garden. Which by the way, is like another amazing piece of art. She has rows and rows of roses, each one different, and each one for a child or grandchild. She also has two koi ponds, filled with colorful fish from Japan. The outside of their house is so beautiful that it almostShow MoreRelatedDescriptive Essay - Original Writing855 Words   |  4 Pagesor put away for safekeeping, but rather a place that allows family and friends to gather and dwell upon its most glorious days. A place everyone is perpetually invited and accepted for who they are. This home, I gratefully inherited from my grandparents, has become a shelter for those those in need, serves as a financial asset, and offers fond memories. Perhaps it s the beloved memories that live in this house that make it so special? Or maybe it s because this is where my grandparents raised theirRead MorePope s Parents By Benedict And The Abnormal Analyzes The Relative Nature Of Morality939 Words   |  4 Pagesgrandmother to move into our house when I was younger. Society’s approval and cultural standards should both be considered when making morally justified decisions. When I was in fifth grade, my grandfather became very sick with diabetes. After three months of living in the hospital, he eventually died. My grandmother was alone in a house with the closest family member two hours away. She ultimately decided to sell her home and move to Cleveland to live in our house. I am unable to confirm whetherRead MoreBeginning: Let me first explain the Grell family. My Grandfather David Grell and Grandmother Linda600 Words   |  3 PagesEagan, Minnesota. Nearly 30 miles away from my grandparents home. I spent countless summer afternoons at my grandparents home. I remember it all: riding bikes, fishing, and riding on the boat across the lake. My father had family in Iowa working on a large farm located in Holstein. My grandparents didn’t understand why my father wanted to move to Iowa. They didn’t understand why he wanted to farm. My family and I moved to Sioux Rapids in 2007. I still saw my grandparents those next three summers; notRead MoreStay at My Grandparents House Was a Great Experience1159 Words   |  5 PagesWriting August 18th 2010 My grandparent’s House My grandparents lived at 5501 Oldham in Lincoln Nebraska. It was a small 2-bedroom home with a large backyard. My grandparents bought their home as a young couple with two small children. They soon added 2 more children, one of them being my mother. Every holiday and family gathering was held at my grandparent’s house. Everything from birthdays to Christmas the whole family gathered. My grandparents had 4 children and 13 grandchildren. SomehowRead MoreShort Story980 Words   |  4 PagesI’ve photographed nearly every square foot of the property, but have never known the history behind it. Did the family who lived there pass away? Who owns the structures that remain? Why aren’t there any posted â€Å"no trespassing† signs? Are there still descendants of the family who once thrived here in my community today? Once again, I set out for Holdman, From Stanwood, Washington, the trek is about five hours long. I was on a mission to find answers to all of my questions. I thought the most sensibleRead MoreMy Time At The United States982 Words   |  4 Pages We all come from different backgrounds with different stories. Each of our stories uniquely shows our background and a part of who we are.Many of our families come from different countries to the United States. Many of them wishing for a job, place to call home, and a better life in general. Immigrating from their home country to a new country comes with some difficulties, but in the end, all the hard work and suffering through things that come from moving to a foreign country, will pay off. MyRead MorePeople Don t Know About Me1693 Words   |  7 PagesMany people don’t know much about me. Including my real name. I live in a small town with a forest surrounding the small edge, it’s located by Minneapolis. I go to school just like any other 17 year old. But I never go home at the end of the day. Instead I walk around town see what I can. And at the end of the day I go through neighborhoods until I reach the highway. I keep walking until I get to a corner... my corner. I have a few blankets, a pillow, my cat Bessy, some boxes, a shopping cart, aRead MoreThe House in Peru Essays611 Words   |  3 Pagesthe door, waiting to greed me. My grandparents’ home was the most important thing in my life, this place is all I recognize from the time I lived in Peru. I left Peru when I was 6 years old, and after a long haul of six years, I visited my grandparent’s place. When I went back to, what I thought to be a mansion, all I saw was an old home with many ragged rooms. It wasn’t the place that I remembered years back, but from my childish perspective, I saw a clean home, with many different rooms to exploreRead MoreHouse on Mango Street Essay989 Words   |  4 PagesChloe Stromberg Mrs. Reedng English Foundations II May 27th, 2013 The House on Mango Street by Sandra Cisneros The House on Mango Street by Sandra Cisneros is a coming of age novel of a young Mexican-American girl developing in a working class Chicago neighborhood. The author is much like the main character Esperanza in many different ways. One being that Cisneros was also a Mexican-American girl growing up in a Chicago working class neighborhood. Esperanza is a foil of Cisneros’ beliefs andRead MoreMy Family Essay871 Words   |  4 PagesFamily We all have grandparents, but mine is an especially are a big part of my family. Our grandparents do not live close to us, so it’s great when we get to see them. Its especially tough since our family is so far apart. Family is the most important thing in our family. This time was an especially important to our family for a number of reasons. We had just left our home in Rockwell City, Iowa to head to Des Moines to board a plane to Phoenix. My brother had never flown before. He said, â€Å"I

Australian Market and Social Research Society

Question: Discuss about the Australian Market and Social Research Society. Answer: Introduction: Ethics is one of the most important subjects in the human history as for to consider what is right and what is wrong becomes highly subjective. This becomes a much bigger problem as the unethical way of handling things is not good for the sustenance of a company among the competitors. Marketing research helps in facilitating the information flow from the market to the producer of goods in regards of what the customer actually wants (AMSRS, 2016). The companies generally mine data from websites where people have provided their personal information. When a certain population of customers feels very positively about giving information or participating in interviews conducted for market surveys, another half of the population feels differently. They feel that the companies fear of the fact that they are manipulated into giving information to the researchers from their inner part of the minds without their knowledge. The research may be based on mere observation, in-depth interviews or ev en focus group discussions. Ethical principals must be that the participant must consent to the interview that involves him where he understands the purpose of the whole research, understand the risks and benefits involved and also must have independence in taking decisions without the fear of consequences (Singh, n.d.). There are also issues in the qualitative method of research where the whole research design can be a flaw not adhering to the motivations of the participant. The confidentiality maintenance, taking the neutrality road, taking sides and sharing transcripts can form obstacles in the process. This is why the Australian Market Social Research Society exists where it clearly focuses on the ethical standards of the researches that are conducted under its jurisdiction. The AMSRS stresses much on the broadening of the number of members to be promoted in the society and encourages them to actively participate in the activities (Fritz, 2012). It also encourages the promotion of values through the researches generally conducted with the help of the experts. As much as the qualitative research helps in understanding the preferences and the buying decisions of the customers, it also has its very own limitations. The researchers bias in the forming of the research is highly avoidable. The person, regardless of what his expertise is, will influence the outcome of the research in some way that would be surely be the result of his perspectives and his opinions on the topic that he is conducting research in. The whole process is labor intensive as it requires a lot of manpower to get done. The manpower has to find the right people to get information from and must analyze and then finally interpret the result for an overall idea of what the research should register its findings as. On the other hand, qualitative method of acquiring the data is also time-consuming (Okstate.org, 2016). There may problems in the procedure due to subjectivity in the concept. These subjective opinions can change the results in such a way that it becomes almost obsolete on why the participants were interviewed in the first place. The participant/researcher relationship is crucial where it at times is manipulated manually in terms of the subjective ideas and idiosyncrasies of the person who is conducting the research. Ideological concerns may arise in between the sessions and this has to be handled with care. The knowledge generated from a certain form of research does not reflect the whole population of a specific market. The findings tend to change everywhere and this information has to be understood from a whole new perspective just to get the generalized idea of the definition of that particular market. Investing on the groundwork and background research on the participations can help in obtaining a clear output from the participants who are being interviewed or observed (as in the observation case) (Marketing Schools, 2016). Planning ahead for a crisis management in the middle of a research must be looked into before beginning the process. Informing the participants of any type of research that they are a part of it is very important. Usage of well-recognized research and that are appropriate is highly advised. The participants have the right to feel comfortable during the research and should have the freedom to stop whenever they want in case they dont feel up to it during the resea rch (Stevens, 2013). The individual who does the research should never let his personal opinions into the play and must always focus on the objective part of the scenario. The whole progress should move in synch with honesty where they have every right to know why the information is being acquired and what will be done of the data collected. Through these ways the future researches dependability and credibility can be ensured. References AMSRS, (2016).About the AMSRS - Australian Market Social Research Society. Amsrs.com.au. Retrieved 3 September 2016, from https://www.amsrs.com.au/about/about-the-amsrs Fritz, K. (2012). Ethical Issues in Ethical Issues in Qualitative Research. Johns Hopkins School of Pub Johns Hopkins School of Public Health, Department of lic Health, Department of International Health International Health. Retrieved on 03-Sep 2016 from https://ocw.jhsph.edu/courses/qualitativedataanalysis/pdfs/session12.pdf Marketing Schools, (2016).Ethical Marketing | What is Ethical Marketing? Marketing-schools.org. Retrieved 3 September 2016, from https://www.marketing-schools.org/types-of-marketing/ethical-marketing.html Okstate.org, (2016).Disadvantages of Qualitative Research. Okstate.edu. Retrieved 3 September 2016, from https://www.okstate.edu/ag/agedcm4h/academic/aged5980a/5980/qualrsch/QUALRSCH/sld010.htm Singh, Ashutosh K. (Dr.) (n.d.). Ethical issues in marketing research: Encroachment in the personal domain for the purpose of sales leads. Department of Business Economics. Retrieved on 03-Sep 2016 from https://www.internationalseminar.org/XIII_AIS/TS%201%20(A)/13.%20Dr.%20Ashutosh%20Kumar%20Singh.pdf Stevens, M., (2013). Ethical issues in qualitative research. Kings College London. Social Care Workforce Research Unit. Retrieved on 03-Sep 2016 from https://www.kcl.ac.uk/sspp/policy-institute/scwru/pubs/2013/conf/stevens14feb13.pdf.

Small and Medium Enterprise free essay sample

INTODUCTION Small and medium enterprise(SME’s) in India have a very important place in the Indian economy. Their contribution in terms of production, export, export, employment generation and all round growth of the country is well known. The role of SME sector in the nation building is well recognized not only in India, but also across the globe. The industrial engines of Japan, china, US, Germany and Taiwan are also driven by the SME sector. Finance/credit is the most critical component in any business process. Any industrial sector cannot work to its full capacity without adequate flow of funds. The SME sector is working with low capacity utilization, which, however, has now improved from 33. 34% to around 52% percent. Still these remain a vast scope for enhancing growth and employment generation. SME’s occupy a place of strategic importance in the Indian economy. however since the early 1990s, Indian SMEs have been exposed to intense competition due to the accelerated process of globalization. Therefore, the survival as well as growth of SMEs is under strain. However, globalization has also brought, in its wake, newer opportunities for SME’s. SMALL AND MEDIUM ENTERPRISE There is no universal definition of SME (small and medium enterprise) different countries follow different definition for the SME sector. Some use the criteria of turnover; some use the number of employees whereas in certain countries, investment in the enterprise is used to define an SME. In India, the definition of SME’s has always been based on the productive plant and machinery. Currently, a unit having gross investment in productive plant and machinery of up to Rs. 1 crore is classified as an SME enterprise. In certain sector such as drugs and pharmaceuticals, hosiery, stationary, hand tools, etc, this limit has been raised to Rs. 5 crore in the past few years. This move has given a fillip to the potential for growth in this sector. SMES HAVE CERTAIN COMMON CHARACTERISTICS, SOME OF WHICH ARE HILIGHTED BELOW: (a) Born out of individual initiatives skills SME startups tend to evolve along a single entrepreneur or a small group of entrepreneurs; in many cases; leveraging on a skill set. There are other SMEs being set up purely as a means of earning livelihood. These include many trading and retail establishments while most countries continue SMEs to manufacturing services, others adopt a broader definition and include retailing as well. (b) Greater operational flexibility The direct involvement of owner(s), coupled with flat hierarchical structures and less number of people ensure that there is greater operational flexibility. Decision making such as changes in price mix or product mix in response to market conditions is faster. (c) Low cost of production SMEs have lower overheads. This translates to lower cost of production, at least up to limited volumes. d) High propensity to adopt technology Traditionally SMEs have shown a propensity of being able to adopt and internalize the technology being used by them. (e) High capacity to innovate export: SMEs skill in innovation, improvisation and reverse engineering are legendary. By being able to meet niche requirements, they are also able to capture export markets where volumes are not huge. ( f) High employment orientation: SMEs are usually the prime drives of jobs, in some cases creating up to 80%. Jobs SMEs tend to be labour intensive per se and are able to generate more jobs for every unit of investment, compared to their bigger counterparts. g) Utilization of locally available human material resources SMEs provide jobs locally and hence utilize manpower available locally. Since it is available for them to transport materials over long distances, they often improvise with materials which are available locally. (h) Reduction of regional imbalances Unlike large industries where divisibility of operations is more difficult, SMEs enjoy the flexibility of location. Thus, any country, SMEs can be found spread virtually right across, even through some specific location s emerge as ‘clusters’ for units of a similar kind. Nevertheless, the spread of SMEs is a fact, which enhances their attraction from a national or regional policy. SIGNIFICANCE OF SMEs SMEs are considered the engine of economic growth in both developed and developing countries, as they: †¢Provide low cost employment since the unit cost of persons employed is lower for SMEs than for large-size units. †¢Assist in regional and local development since SMEs accelerate rural industrialization by linking it with the more organized urban sector. †¢Help achieve fair and equitable distribution of wealth by regional dispersion of economic activities. Contribute significantly to export revenues because of the low-cost labour intensive nature of its products. †¢Have a positive effect on the trade balance since SMEs generally use indigenous raw materials. †¢Assist in fostering a self-help and entrepreneurial culture by bringing together skills and capital through various lending and skill enhancement schemes. †¢Impart the resilience to withstand economic upheavals and maintain a reasonable growth rate since being indigenous is the key to sustainability and self-sufficiency. IMPORTANCE OF SMEs IN VARIOUS ECONOMIES OF WORLD Small and medium enterprise has always the engine of growth for every country, in developing as well as in transition economies. Their role in building a solid industrial base can be gauged from that they represent over 80 percent of industrial enterprises of most developing countries. They along with micro enterprises have been identified as high potential sector for employment generation and sources of livelihood to millions of people in Asian, African and Latin American countries. There is a popular misconception that small and medium enterprises do not ount for much in developed countries. Facts, however, reveal that they are almost as dominant in the economies of the most developed countries as in the least developed countries. In the EU, SMEs comprise approximately 99% of all firms and employ between them about 65 million people. Around 99 percent of seven million units in Japan – one of the most industrially advanced nations of the world – are small and medium en terprises. They account for about 80% of total employment of around 55 million persons. Around 52% of the Japanese total exports emerge from this sector. Similarly, small and medium enterprises constitute around 99% of all businesses, employ over half of the workforce and generate 54% of the sales revenues in USA. . The following Table reflects the contribution of SMEs in some of the developed economies. COUNTRYCONTRIBUTION IN TERMS OF INCRIMENTAL SHARE IN EMPLOYMENT MANUFACTURING UNIT OUTPUT USA 67% 61% JAPAN 80% 72% FRANCE 53% 80% KOREA 74% 61% CONTRIBUTION OF SME’s IN INDIA In the Indian context, primarily the concept of Small Scale Industry has been in vogue and the medium enterprise definition is of more recent origin. An SSI is defined on the basis of limit of historical value of investment in plant machinery, which at present is up to Rs. 10 million. However, in respect of some specified items, this investment limit has been hiked to Rs. 50 million. For the recently announced Small and Medium Enterprises Fund, the GoI has approved the limit of investment in plant and machinery above Rs. 10 million and up to Rs. 100 million for defining a unit as a Medium Enterprise. Amongst the developing countries, India has been the first to display special consideration to SSIs and basic focus has been to make economical use of capital and absorb the abundant labour supply in the country. Over the years, the SME sector in India has continued to remain an important sector of the economy with its noteworthy contribution to the ?Gross domestic product ?Industrial production ?Employment generation ?Export earning As a record, over the last three decades, SME’ shave emerged as one or the most vibrant sector of the economy, accounting for about 95 % of the industrial unit in the country; 39. 2% of the value addition in manufacturing; 34. 03 of the national export; and 6. 81% of the GDP. Contribution of Indian SSIs Over the years, the SSI sector in India has continued to remain an important sector of the economy with its noteworthy contribution to the gross domestic product, industrial production, employment generation and exports. As per the Third All India Census of SSIs (2001-02), there were 10. 52 million SSI units in the country, of which 1. 37 were registered and 9. 15 unregistered units. For the year ended March 2004, the said number increased to 11. 2 million, providing employment to 27. 40 million persons and contributing an output of over Rs. 3,480 billion in FY2004. (a) Performance of Small Scale Sector YearNo. of units (million nos. )Production (Billion Rs. ) (at current prices)Employment (Million nos. )Exports (Billion Rs. ) (at current prices) 1993-942. 382416. 4813. 93253. 07 1994-952. 572988. 8614. 65290. 68 1995-962. 653626. 5615. 26364. 70 1996-972. 804118. 5816. 00392. 70 1997-982. 944626. 4116. 72444. 42 1998-993. 085206. 5017. 15489. 79 1999-003. 215728. 8717. 85542. 00 2000-013. 376454. 9618. 6599. 78 The Tenth Five Year Plan for the Indian economy has set a target of 8 percent growth per annum in GDP and to bring down the poverty ratio to 11 percent over the next decade. The Plan has also noted that achieving and sustaining such ambitious growth targets would require adequate attention to small and medium enterprises which have great potential to offer wage employment. In order to pursue the growth with employment agenda, heavy reliance is placed on the SME sector. % of SSI in total exports (2003-2004) Product% of SSI in total exports Sports goods Readymade garments Woolen garments, knitwear Processed foods Marine products Leather products Plastic products Cosmetic, basic chemicals pharmaceutical products Engineering goods100 90 35 65 29 80 45 55 30 MAJOR PROBLEM FACED BY SME’s IN INDIA Major problems/challenges faced by SME sector in India are: †¢Availability of collateral free loans †¢Cost of loans †¢Delayed payments †¢Marketing †¢Challenges emanating from WTO related issues †¢Sickness 1. Collateral The limit for collateral free loans to tiny sector is Rs. 0. 5million and that for other SSI units was Rs. . 1 million. This limit has since been raised to Rs. 0. 5 million for other SSI units also. Many small-scale entrepreneurs are facing difficulties in providing collateral security as per the requirements of the financing banks. The limit of 0. 5 million has been further increased to Rs. 1. 5 million in respect of SSI units with good track record and financial position. The problem is addr essed to a certain extent with the introduction of the Credit Guarantee Fund Trust Scheme under which collateral free loans up to a limit of Rs. 2. million are guaranteed. 2. Cost of Loans The high cost of borrowings was a major constraint affecting the growth of the sector. The Bank Rate changes by the RBI combined with CRR and repo rate charges have emerged as signaling devices for interest rate changes. The reduction in Bank rate announced in the last Monetary and Credit Policy or outside the policy from time to time has resulted in a consequential reduction in the lending rates. Banks have now the flexibility to offer lending rates on a fixed rate or on a floating rate. The reduction in interest rates and the offer of floating rates will help the SSI units to procure funds at lower costs than what was prevailing in earlier years. 3. Delayed Payments Considerable delay in settlement of dues/payment of bills by the large-scale buyers to the SSI units adversely affected the recycling of funds and business operation of SSI units. Though the Government has enacted the Delayed Payments Act, many of the SSI units are reluctant to pursue cases against major buyers. The Act since amended in 1998 has made it compulsory that the payment of SSI suppliers should be made within 120 days. To improve the plight of SSI entrepreneurs due to delayed payments, steps for strengthening and popularizing factoring services, without recourse to the SSI suppliers may have to be thought of seriously. The banks have also been advised about sub-allotting overall limits to the large borrowers specifically for meeting the payment obligations in respect of purchases from SSI. It is expected that these measures will improve the situation of delayed payments. 4. Marketing Marketing remains the most critical area for the SSI Sector as some of the units are very small and so is their output individually. Adopting consortium approach could best solve the marketing problems of the SSI sector? Besides finance for marketing related activities, the Development Institutions/SSI Associations, etc could make dissemination of requisite information on demand pattern, futuristic trend, etc. available. 5. Challenges emanating from the WTO To face the challenges emanating from the WTO agreement, SSI units irrespective of their size need technology up-gradation and modernization. Awareness about the implications of WTO agreement has to be created. The preparation for competitiveness needs to be done by the Government as well as entrepreneurs and the corporate. The Government should provide good infrastructure and create level playing field for the industry. Considering the fund constraints with SSI Sector Government has introduced the credit linked capital subsidy scheme for Technology up gradation of Small Scale Industries under which 12% back ended capital subsidy would be admissible on the loans advanced to the SSIs by banks/financial institutions for technology up gradation in certain select sectors. . Sickness Growing incidence of sickness of SSIs is yet another area of concern. When the sickness prolongs it leads to the closure of units and unemployment. Lately mortality of the SSI units has been showing increasing trend. This has wider implications including locking of funds of the lending institutions, loss of scarce material resources and loss of employment. The number of sick SSI units as a percentage to the total nu mber of SSI units is around 10. The number of units identified as potentially viable as a percentage to total sick SSI units is around 8. The causes of sickness are both internal and external. The major causes are limited financial resources, lack of organizational, financial and management skills and expertise, diversion of funds, diversification/expansion before stabilization, non-availability of power supply shortage of raw materials, marketing difficulties, delayed and inadequate credit, globalization and liberalization of the economy, obsolete technology, inadequate infrastructure, etc. With a view to ensuring that potentially viable sick SSI units are provided with the timely and adequate assistance by all agencies concerned, there are State Level Inter Institutional Committees (SLIIC) constituted in each state involving State Government, Financial institutions, commercial banks and SIDBI. SSI Associations are also invited to the meetings of this committee. A sub-committee of SLIIC has also been set up in each state to examine the individual cases referred to it for rehabilitation. To address the incidence of growing sickness in the sector RBI has recently issued a complete set of revised guidelines drawn up on the basis of the recommendations of a Working Group constituted by it for the purpose. 7. LACKOF TECHNOLOGICAL ADVANCEMENT UPGRADATION: to compete on the international scale, reasonable economies of scale and continuous investment in technology up gradation have become a necessity. Technology is key element contributing to productivity quality, competitiveness and market acceptability of products the very rapid rate of technology advancement requires the learning and application updated technology in design and manufacture of products for retaining an international competitive edge and in this major respect SME’s are lagging behind and are suffering severely mainly because of the low capital base and salability of the operation. 8. REACH OF NATIONALIZED BANK These are limited by informational biases and as per the current survey by the FICCI the present network of the specialized SME bank branches across the country is sufficient to cater less than 5% of the total SSI units in the country that stands at around 3. 75 million units. That has resulted into private and cooperative banks better off despite their higher rates because of the relative absence of days-functionalities in them. Specialized FI’s are the best off in this regard like SIDBI to cater needs of the industry. STEPS FOR SMOOTHING OF SME LENDING BY BANKS n order to ensure working of the small and medium enterprise, the following steps could be taken as remedial measures by the bank to boost the growth of the SME’s and to meet their financial problems. 1. COLLATERAL Existence of collateral that can be offered to bank could, therefore, look at collateral when pursuing the question of SME lending. It can also be stated that the borrower ‘s willingness to acc ept a collateralized loan contract offering lower interest( relative to unsecured loans) will be inversely related to its default risk. However, not all SME’s would be able to offer collateral to banks. Hence, reserve bank of India (RBI) allows banks, with a good track record and financial position on SSI units, to dispencre with a good tack record and financial position on SSI units, to dispence with collateral requirements for loans up to Rs. 25 lakhs. 2. RELATIONSHIP the length of the relationship of a bank and its SME customer is also important factor in reducing information asymmetry , as an established relationship helps to creates economies of scale in information asymmetry, as an established relationship helps to create economies of scale in information production. A relationship between a sme and a bank of considerable duration allows the bank to build up a good picture of the SME, the industry within it operates and the caliber of the people running the business. The closer the relationship, the better are the signals received by the bank regarding managerial attributes and business prospects. 3. QUALITY OF INFORMATION: SME’s are required to provide accurate and qualitative information to the banks for them to understand a reliable risk assessment. Accurate risk assessment obviously relies upon good information regarding the sme and its prospects. Hence it is suggested that bank should make efforts to encourage SME’s to improve the quality of information provide. 4. CUSTOMER CONSIDERATION: the SME market is somewhat different to the corporate market in that corporate customers generally have a wide range of financing options to choose from and are not as dependent on the bank financing as in the case with SME’s can take necessary steps, with the aid of public initiative pressure on the case of SME lending. GOVERNMENT INITIATIVE FOR IMPROVEMENT OF SME IN INDIA 1. ESTABLISHMENT OF SIDBI There exists a well-structured institutional set up both in the public and private sectors to cater to the credit needs of SMEs. The Small Industries Development Bank of India (SIDBI) was set up in April 1990, as the principal financial institution for financing and development of SSIs and coordination of institutions engaged in similar activities. A fair code of practices has been adopted by the Bank in its day-today operations while functioning as an apex financial institution for the sector. Four basic objectives are set out in the SIDBI Charter. They are: †¢Financing †¢Promotion Development †¢Co-ordination Development outlook The major issues confronting SSIs are identified to be: †¢Technology obsolescence †¢Managerial inadequacies †¢Delayed Payments †¢Poor Quality †¢Incidence of Sickness †¢Lack of Appropriate Infrastructure and †¢Lack of Marketing Network †¢Lack of technological advancement †¢Reach of nationalized bank 2. SME RATING AGENCY OF INDIA LIMITED(SMERA) SMERA is a joint initiative by SIDBI, Dun Bradstreet Information Services India Private Limited (DB), Credit Information Bureau (India) Limited (CIBIL and several leading banks in the country. SMERA is the countrys first rating agency that focuses primarily on the Indian SME segment. SMERAs primary objective is to provide ratings that are comprehensive, transparent and reliable. This would facilitate greater and easier flow of credit from the banking sector to SMEs. WHAT IS SME RATING †¢SMERA Rating is an independent third-party comprehensive assessment of the overall condition of the SME, conducted by SME Rating Agency of India Limited †¢It takes into account the financial condition and several qualitative factors that have bearing on credit worthiness of the SME SMERA Rating consists of 2 parts, a Composite Appraisal/Condition indicator and a size indicator †¢SMERA Rating categorizes SMEs based on size, so as to enable fair evaluation of each SME amongst its peers An SME unit having SMERA Rating would enhance its market standing amongst trading partners and prospective customers BENEFITS 1. Wide Recognition and Acceptance 2. MOU with Banks 3. Favorable bor rowing terms 4. Faster Access to Credit 5. Lower Rating Fees 6. D-U-N-S NO 7. SMERA: An initiative of leaders 8. Fair evaluation amongst peers 9. Benefits to SME SSI Units 0. Benefits to Banks 11. Industry-benchmarked ratings 3. SMALL ENTERPRISE FINANCIAL CENTERS (SEFC) In another policy measure, the existing branches of SIDBI in select cluster have been designated as SEFC that would now take up co-financing of term loan requirement of SSI along with bank branches. Further, the expertise of SIDBI in appraisal of credit requirement of SSI could also be leaver aged by the commercial banks. 4. SME FUND SIDBI is also currently operating a Rs. 10000s crores SME fund for making available adequate and timely credit to SME’S. he fund is operational since April1,2004 and is envisaged to be utilized over the next, two years i. e. financial year 2005 and 2006. direct assistance from fund is extended by SIDBI at an interest rate of 2% below the bank’s PLR i. e. 9. 5% 5. CREDIT LI NKED CAPITAL SUBSIDY SCHEME (CLCSS) the government of India has launched the credit linked capital subsidy scheme (CLCSS) , which aims at facilitating technology up-gradation of SME’s in specified products/sub-sector. INDIA: WORLD BANK TO SUPPORT SMALL AND MEDIUM ENTERPRISES WASHINGTON – To support the development of India’s small and medium enterprises (SMEs) sector, the World Bank approved a US$120 million loan to the Small Industries Development Bank of India (SIDBI), backed by a Government of India guarantee. This loan is aimed at improving SME access to finance and business development services, thereby fostering SME growth, competitiveness and employment creation. The Project is designed to improve SMEs access to finance and development, and it includes the following three components: I) Credit facility: The credit facility will primarily address the financing constraints faced by commercial banks, and hence, enable SME clients to access longer term funds needed for capital formation and technological up-gradation. II) Risk Sharing Facility: The objective of the risk sharing facility is to immediately accelerate commercial banks’ lending to SMEs, through the setting up of an commercially viable, self sustaining guarantee facility that will provide partial credit risk cover to banks for their SME lending. III) Policy and Institutional Development Technical Assistance: This component will help address the medium term policy, regulatory and institutional constraints that hamper the efficiency of the SME credit market in India. The technical assistance will be financed through proposed grants from the Department for International Development (DFID), and cost sharing by local counter parties. â€Å"This project is an important step towards ensuring that small and medium enterprises have a fair shot at accessing financing and other services, which are critical to their competitiveness,† says Michael Carter, the World Bank’s Country Director for India. Moreover, the project will also help the private sector realize its full potential as an engine of growth and poverty reduction in India. † The US$120 million loan from the International Bank for Reconstruction and Development (IBRD) is a fixed spread loan, repayable in 15 years (including a five year grace period). The al l inclusive cost of this loan is around LIBOR+40 basis points. STEPS TAKEN BY RESERVE BANK OF INDIA Policy Package for Stepping up Credit to Small and Medium Enterprises Announcements made by the Union Finance Minister The Honble Finance Minister, Government of India has announced certain measures in the Parliament on August 10, 2005 for stepping up credit to small and medium enterprises (copy of the policy package enclosed), which are required to be implemented by all public sector banks. Accordingly, banks may take action as under: 1. Policy Package for stepping up credit to Small and Medium Enterprises 2. From SSI to SME: Defining the New Paradigm 3. Measures to increase the quantum of credit to SMEs at the right price 4. Outreach of Formal Credit: Opening of New Accounts . Nursing the Sick Units Back to Health: Debt Restructuring 6 Credit Guarantee Fund Trust Scheme for Small Industries (CGTSI) 8. Cluster based approach 9. Setting up of Watchdogs: Monitoring and Review 1. Policy Package for stepping up credit to Small and Medium Enterprises The small-scale industries (SSI) produce about 8000 products, contribute 40% of the industrial output and offer the largest employment after agriculture. Th e sector, therefore, presents an opportunity to the nation to harness local competitive advantages for achieving global dominance. In recognition of these aspects, the National Common Minimum Programmed makes the following declarations for accelerating the development of small-scale sector. Household and artesian manufacturing will be given greater technological, investment and marketing support. Small–scale industry will be freed from Inspector Raj and given full credit, technological and marketing support. Infrastructure up gradation in major industrial clusters will receive urgent attention. 2. from SSI to SME: Defining the New Paradigm 2. 1 Government policy as well as credit policy has so far concentrated on manufacturing units in the small-scale sector. The lowering of trade barriers across the globe has increased the minimum viable scale of enterprises. The size of the unit and technology employed for firms to be globally competitive is now of a higher order. The definition of small-scale sector needs to be revisited and the policy should consider inclusion of services and trade sectors within its ambit. In keeping with global practice,. there is also a need to broaden the current concept of the sector and include the medium enterprises in a composite sector of Small and Medium Enterprises (SMEs). A comprehensive legislation, which would enable the paradigm shift from small-scale industry to small and medium enterprises under consideration of Parliament. The Reserve Bank of India, had meanwhile set up an Internal Group which has recommended: Current SSI/tiny industries definition may continue. Units with investment in plant and machinery in excess of SSI limit and up to Rs. 10 crore may be treated as Medium Enterprises (ME). The definition may be reviewed after enactment of the Small and Medium Enterprises Development Bill. Only SSI financing will be included in Priority Sector. 2. 2 It is proposed to accept the recommendation with regard to the credit facilities being offered by the banking sector and accordingly request the Reserve Bank of India to advise the banks to frame a policy for enhancing the flow of credit to both small and medium enterprises, within the overall framework of credit policy of banks to small and medium enterprises. 2. 3. The challenges being faced by the small and medium scale sector may be briefly set out as follows- a. Small and Medium Enterprises (SME), particularly the tiny segment of the small enterprises has inadequate access to finance due to lack of financial information and non-formal business practices. SMEs also lack access to private equity and venture capital and have a very limited access to secondary market instruments. b. SMEs face fragmented markets in respect of their inputs as well as products and are vulnerable to market fluctuations. c. SMEs lack easy access to inter-state and international markets. d. The access of SMEs to technology and product innovations is also limited. There is lack of awareness of global best practices. e. SMEs face considerable delays in the settlement of dues/payment of bills by the large-scale buyers. With the deregulation of the financial sector, the ability of the banks to service the credit requirements of the SME sector depends on the underlying transaction costs, efficient recovery processes and available security. There is an immediate need for the banking sector to focus on credit and finance requirements of SMEs. 3. Measures to increase the quantum of credit to SMEs at the right price 3. Public Sector Banks will be advised to fix their own targets for funding SMEs in order to achieve a minimum 20% year on year growth in credit to SMEs. The objective is to double the flow of credit from Rs. 67,600 crore in 2004-05 to Rs. 135,200 crore to the SME sector by 2009-10, i. e. within a period of 5 years. 3. 2 Public Sector Banks will be advised to follow a transparent rating system with cost of credit being linked to the credit rating of the enterprise. 3. 3 SIDBI in association with Credit Information Bureau(India) Ltd. (CIBIL)will expedite setting up a credit rating agency. . 4 SIDBI in association with Indian Banks’ Association (IBA) would collect and poo common data on risk in each identified cluster and develop an IT-enabled application, appraisal and monitoring system for small (including tiny) enterprises. This would help reduce transaction cost as well as improve credit flow to small (including tiny) enterprises in the clusters. 3. 5 The National Small Industries Corporation has recently introduced a Credit Rating Scheme for encouraging SSI units to get them credit rated by reputed credit rating agencies. Public Sector Banks will be advised to consider these ratings appropriately and as per availability, and structure their rates suitably. 3. 6 SIDBI has developed a Credit Appraisal Rating Tool (CART) as well as a Risk Assessment Model (RAM) and a comprehensive rating model for risk assessment of credit proposals for SMEs. Public sector banks will be advised to take advantage of these models as appropriate and reduce their transaction costs. 4. Outreach of Formal Credit: Opening of New Accounts The commercial banks (including regional rural banks) with over 67,000 branches will make concerted efforts to provide credit cover on an average to at least 5 new tiny, small and medium enterprises at each of their semi urban/urban branches per year 5. Nursing the Sick Units Back to Health: Debt Restructuring Reserve Bank will issue detailed guidelines relating to debt restructuring mechanism so as to ensure restructuring of debt of all eligible small and medium enterprises at terms which are not less favorable than the Corporate Debt Restructuring (CDR) mechanism in the banking sector. The restructuring would follow upon a request to that effect from the borrowing unit. All accounts, except those classified as ‘loss assets’ will be eligible for restructuring, provided the industrial units are viable or potentially viable. Based on the Reserve Bank’s guidelines, banks may formulate, with the approval of their Boards of Directors, more liberal policies relating to restructuring of accounts. Until the banks formulate their own policies, Reserve Bank’s guidelines will be operative. A one-time settlement scheme to apply to small-scale NPA accounts in the books of the banks as on March 31, 2004 will be introduced. The scheme will be in force up to March 31, 2006. 6. Facilitative Measures Reserve Bank had issued a detailed master circular on March 2005 on the time to be taken for disposing of loan applications of SSI units, the limit up to which banks are obliged to grant collateral-free and composite loans, norms for computation of working capital credit limits to SSI units, opening of at least one specialized SSI branch in each district, etc. Taking these guidelines as indicative minimum, banks will formulate a comprehensive and more liberal policy relating to advances to SME sector. Until the banks formulate such a policy, the extant instructions of Reserve Bank will be applicable to advances granted or to be granted by banks to SME units. 7. Credit Guarantee Fund Trust Scheme for Small Industries (CGTSI) At present, Member Lending Institutions (MLIs), like banks, are provided guarantee cover of 75% of the amount of default by CGTSI,I respect of term loan and/or working capital facilities up to Rs. 5 lakh extended by the MLIs to new and existing SSI units/IT/software units/small scale service business enterprises (SSSBEs), without collateral security and/or third party guarantee. One-time guarantee fee of 2. 5% and annual service fee of 0. 75% of the credit facility sanctioned are currently charged by CGTSI from the MLIs. In order to reduce the cost of guarantee to the weaker segments of the borrowers, particularly tiny units, the CGTSI will be advised to reduce the one-time guarantee fee from 2. 5% to 1. 5% for all (i) loans up to Rs. lakh, (ii) eligible women entrepreneurs, and (iii) eligible borrowers located in the North Eastern regions (Sikkim) and Jammu Kashmir. Further, public sector banks will be encouraged to absorb the annual service fee in excess of 0. 25% in respect of guarantee for all (i) loans up to Rs. 2 lakh, (ii) eligible women entrepreneurs, and (iii) eligible borrowers located in the North Eastern regions (Sikkim) and Jammu Kashmir. 8. Cluster based approach Cluster based approach for financing SME sector offers possibilities of reduction of transaction costs and mitigation of risk. About 388 clusters have already been identified. Cluster based approach now be treated as a thrust area. Banks will increasingly adopt the cluster-based approach for SME financing. To broaden the financing options for infrastructure development in clusters through public private partnership, SIDBI will formulate a scheme in consultation with the stakeholders. SIDBI has already initiated the process of establishing Small Enterprises Financial Centers in select clusters. Risk profile of each cluster would be studied by a professional credit rating agency and such risk profile reports would be made available to commercial banks. Each lead bank of a district will consider adoption of at least one cluster 9. Setting up of Watchdogs: Monitoring and Review The following supervisory arrangements will be ensured: a. The existing institutional arrangements for review of credit to SSI sector like the Standing Advisory Committee in Reserve Bank of India and cells at the banks’ head office level as well as at important regional centers will be made more rigorous and regular. They will also review the flow of credit to small (SSI) and medium enterprises. . At the Regional offices, the Reserve Bank will constitute empowered committees with the Regional Director of the Reserve Bank as the Chairman to review the progress in SME financing and rehabilitation of sick small (SSI) and medium units and to coordinate with other banks/financial institutions and the state governments in removing bottlenecks, if any, to ensure smooth flow of credit to the sector. The said Regional level committees may decide on the need to h ave similar committees at cluster/district levels. c. The banks will ensure specialized SME branches in identified clusters/centers with preponderance of small enterprises to enable the entrepreneurs to have easy access to the bank credit and to equip bank personnel to develop requisite expertise. The existing specialized SSI branches may be also be redesigned as SME branches. d. Boards of banks will be advised to review the progress in achieving the self-set targets as also rehabilitation and restructuring of SME accounts on a quarterly basis to ensure that the required emphasis is given to this sector. e. For wider dissemination and easy accessibility, the policy guidelines formulated by Boards of banks as well as instructions/guidelines issued by Reserve Bank will be displayed on the respective websites of Public Sector Banks as well as website of SIDBI. The banks would also be advised to prominently display all the facilities/schemes offered by them to the small entrepreneurs at each of their branches. ROLE OF BANKS IN THE DEVELOPMENT OF SMES After several decades, the focus on the small and medium enterprises has shifted from offering sops, to assessing their creditability and debt repayment capabilities. The government and RBI have announced policy packages to this effect and rating agencies have spurted to help banks and financial institutions make SME lending a profitable venture. The small and medium enterprise (SME) sector has come into sharp focus with a policy package announced by the government recently, envisaging public sector banks to fix their own targets for funding this sector in order to achieve a minimum 20 per cent year-on-year growth in credit to the sector. In addition, these banks are required to follow a transparent rating system with cost of credit linked to the credit rating of the enterprise. Further, the package requires commercial banks to make concerted efforts to provide credit cover on an average to at least five new tiny, small and medium enterprises per year. Though it appears to be a tall order for the banking sector, the guidelines have been embraced with enthusiasm. Several banks, including foreign banks like Citibank and Standard Chartered Bank have set up special cells and branches dedicated to SME lending. The SME sectors preferred by bankers for lending include bulk drugs, knitwear and auto-ancillary goods. Textiles, pharmaceutical companies, chemicals and dyes sectors also continue to find favour with banks as these businesses are thriving. Enterprises like gems and jewellery, seafood processing, sports good etc are not preferred, as banks have suffered huge non-performing assets on account of lending to these sectors over the past few years. However, the new government package is accompanied by reworked guidelines from the Reserve Bank of India on the debt restructuring mechanism for SMEs with outstanding of up to Rs 10 crore. This can help banks assess the SMEs, which they now perceive as untouchable. According to the RBI guidelines, banks could decide the acceptable viability benchmark, consistent with the unit becoming viable in seven years and the repayment period for restructured debt not exceeding 10 years. Accounts classified by banks as â€Å"loss assets† would not be eligible for restructuring. Additional finance would be treated as a ‘standard asset’ in all accounts up to a period of one year after the date when first payment of interest or of principal, whichever is earlier, was due. RBI has also asked banks to formulate a debt-restructuring scheme for SMEs. These guidelines are geared to help banks renew their focus on this sector. Crisil has stepped in to provide a rating service for the SME sector. According to this rating programmed, SMEs would be rated on a scale of one to eight, with scale one indicating the highest credit quality and the scale eight, hinting at default possibilities. The ratings assigned to SMEs would also function as a self-improvement tool for them. To top all initiatives, SBI, ICICI Bank and Standard Chartered Bank, have agreed to join hands with the Small Industries Development Bank of India (Sidbi) to float a rating agency for the SME segment. The rating agency, Small and Medium Enterprises Rating Agency (SMERA), inaugurated recently, will rate the company’s overall strength, unlike most rating agencies whose core business are to rate debt instruments. While Sidbi will have largest share of 22 per cent followed by SBI, ICICI Bank and international credit Information Company Dun Bradstreet, which would be at 10-13 per cent. Five other public sector banks hold about 28 per cent. These are Punjab National Bank, Bank of Baroda, Bank of India, Canara Bank and Union Bank of India. Credit Information Bureau of India (Cibil) is also likely to join the company shortly. Most small and medium companies rely on extremely expensive funds sourced from the unorganized financial sector. Part reason why bank credit is denied to many small units, despite repayment capacity not being suspect, is that lenders often do not have the capability to assess their risk. Rating agencies are a step in this direction. With a brand new government package, reworked guidelines for lending by the RBI and the facility of rating enterprises not just for their creditability and debt repayments, banks can now refocus on the SME sector. INSTRUMENTS OF SME FINANCING In spite of various initiatives taken by the Government, banks and FIs, SMEs face certain challenges, which are universal in nature. These problems relate to the issue of collaterals, cost of loans, delay in receivables, obsolete technology, marketing, etc. In order to address the above problems in the Indian context, some innovative instruments of financing have been introduced and institutional set up created. Some of the major initiatives include Credit Guarantee Fund Trust for Small Industries . Government of India, in association with SIDBI, has set up a Credit Guarantee Fund Trust for Small Industries (CGTSI) to implement the guarantee scheme. The corpus of the Trust is proposed to be enhanced from the present level of Rs. 7 billion to Rs. 25 billion. The main objective of the Trust is to facilitate hassle free credit to the SSI sector and encourage banks to shift from security based lending to merit based lending. SSI loans upto Rs. 2. million are eligible to be covered under the scheme and CGTSI has so far extended guarantees to member lending institutions for around 18,000 units in the last three years of its operations, covering a loan amount of Rs. 3 billion. The CGTSI contemplates to triple its business in the current year, as compared to the previous year. Some new guaranteeing techniques like mutual credit guarantee scheme on the lines of similar schemes in Italy and other European countries are also being develope d. Risk Sharing Facility While the CGTSI extends guarantee cover for the loans up to Rs. 2. million, there is a need for offering guarantees for loans extended by banks beyond the above limit. Under a World Bank led Project on Financing and Development of SMEs, a possibility of introducing a Risk Sharing Facility for the SME sector is being examined, wherein the risk in lending by banks to SMEs could be shared on pari passu basis between the originating banks and the suggested entity. Of course, the facility would be available at a cost. This mechanism, as and when in place, would mitigate the credit risks of the banks and upscale SME financing. Venture Capital Funding With regard to new sources of financing, many countries are considering liberalizing the rules regarding venture capital investments. In India also, various measures have been taken in this direction. SIDBI, along with some other institutions, has taken a lead in promoting venture capital funding in the country. The B ank has contributed in setting up of 16 State level / Regional level funds; set up a National Fund for Software and IT Industry with a corpus of Rs. 1 billion and recently launched a new SME Growth Fund of Rs. 1 billion corpus. This Fund would focus on units in pharma, biotech, light engineering, software and other KBIs. The SME Growth Fund corpus is contemplated to be enhanced to Rs. 5 billion. Micro Credit Realizing the potential of micro finance in stimulating economic growth, SIDBI has laid emphasis on increasing the capacity of the sector to handle credit and growth in the disbursements of micro finance. SIDBI Foundation for Micro Credit, presently functioning as a Department of SIDBI, has sanctioned an aggregate financial assistance of Rs. 710 million in FY2004. The cumulative number of beneficiaries assisted under the programmer in the last 4 years aggregated over 1 million, mostly women. The outstanding portfolio under the programmed as at end-March 2004 is likely to be increased from a level of Rs. 910 million to Rs. 2 billion by the end of this year. Small and Medium Enterprises Fund The most important amongst the sectoral initiatives taken by the GoI and SIDBI is launching of an SME Fund of Rs. 100 billion, with a view to giving impetus to the fund flow to the SME sector. SIDBI has been advised to structure the Fund and its operations have commenced with effect from April 2004. Under the Fund, assistance is being provided to SMEs at an interest rate of 200 basis points below the Bank’s PLR. Direct assistance is being extended to SMEs through SIDBI’s own offices at 9. 5 percent rate of interest as also by way of providing refinance to the primary lending institutions. Refinance to SFCs is available in the interest rate band of 7. 5 percent to 8 percent. The SME Fund provides for routing of assistance, besides SFCs, through commercial banks as well. The Fund, besides up scaling the flow of assistance to SMEs, addresses the issue of cross sector parity in the cost of loans. Setting up of a Dedicated Credit Rating Agency for SMEs In order to address the demand side issues of credit and provide comfort to the bank officials, initiatives have been taken to support the mechanisms of information sharing and credit rating. With a view to providing credit enhancement and comfort to the bank officials at the field level in their taking bona fide credit decisions, SIDBI has decided to launch a dedicated credit rating agency for SMEs in association with leading public sector banks. The Bank is in dialogue with select public sector banks and credit rating agencies for this purpose and the proposed entity is likely to commence its operations during the current year. Portfolio Purchase Scheme / Asset Securitisation With a view to widening the scope of assistance to SMEs, the process of asset securitisation offers opportunities to purchase the SME portfolio from originators and channels funds to the sector. The portfolio so purchased can be either retained by the purchaser or sold to the investors in the capital markets t hrough structuring of suitable instruments. The Government of India has recently permitted SIDBI to undertake business through asset securitisation.. IDENTIFICATION CLASSIFICATION OF SOURCES OF FUNDS IN INDIA FOR SME DEVELOPMENT India has nearly 3 million SMEs, which account for almost 50 percent industrial output and 42 percent of India’s total export. They constitute the most important employment generating sector and an effective tool for balanced regional development. They account for 50 percent of private sector employment and 30-40 percent of value addition in manufacturing. They produce a diverse range of products (about 8000) including consumer items, and capital and intermediate goods. As the nations integrate into a global village, these SMEs will have to respond accordingly, and thus deserves special attention. To enable SMEs to overcome their technological backwardness and to have easier access to new technologies, they need to be given an environment where they have easier access to funds. This report identifies the various sources of funds available for SME development (scale up, innovation or R, diversification or new initiatives, start ups) and their applicability: 1. Equity funds 2. Venture capital 3. Strategic investors 4. Financial Institutions 5. Non-Banking financial companies A detailed report on the Institutions providing the funds consists of:- 1. Client / opportunities the institution be suited to : a. Size of investment/s pool b. Current exposure c. Mode of financing 2. Size of investments per deal (range): 3. Payback a. Tenure b. Rates of return 4. Collateral expected 5. Invested selection criterion 6. SWOT analysis of the entity – external and internal issues A grid has been prepared which differentiates between institutes (investors) on the basis of investee selection criteria, average size range of investments, pool of funds, recommendations and opportunities offered. INSTITUTIONAL FINANCE FOR SMALL MEDIUM ENTERPRISE (SME’s) The following agencies through their various schemes provide finance to small-scale industries sector under the overall policies and guidelines evolved by reserve bank of India. At national level: 1. Small industries development bank of India 2 National bank for agriculture and rural development 3 National small industries corporation 4. Khadi and village industries commission 5. Nationalized banks 6. Development commissioner, small-scale industries (DCSSI) At state level 1. State financial corporation (SFC’s) . State industrial development corporation (SIDC’s)- infrastructure/finance. 3. State cooperative banks 4. Khadi village industries board. At regional district level: 1. Regional rural banks (RRB) 2. District central cooperative banks. 3. Primary cooperative banks 4. Branches of sate level institution nationalized banks about 65000 in number 5. Khadi village industries commission 6. District ind ustries center (DIC) PRODUCTS OFFERED BY ING VYSYA BANK ING Vysya Bank has a track record of serving SME Customers for over 75 years. They understand how much of hard work goes into establishing a successful SME and that establishing and running a successful business takes hard work, money and planning. ING Vysya Bank looks not only at their customer’s immediate banking requirement, but also the long-term needs of their business as it expands. ING Vysya bank approach is to make banking easy, timely and reliable so that you could focus on your business safe in the knowledge that we would be there to take care of all your banking requirements. Their solutions are designed to meet customer’s varying needs. They offer a complete range of banking services to small medium sized corporate such as Business Accounts, Working capital, Cash Management Services, Trade Finance, Other Non Funded Facilities and Term Loans for Business Expansion for your business. In addition we also offer specific structured products to SSIs, Traders, Distributors and other SME customers. PRODUCT PROFILE FUND BASED ?BUSINESS LOAN TRADE ?MPOWER-RENT ?LOAN/OD AGAINST NSC, LIC POLICIES ETC ?SECURED OVERDRAFT AGAINST GOI/RBI BONDS ?MPOWER- BAL BILL DISCOUNTING BILL DISCOUNTED – CLEAN DOCUMENTARY NON-FUND BASED ?BANK GUARANTEES ?INLAND LETTER OF CREDIT 1. BUSINESS LOAN TRADE The purpose of the loan is to provide necessary working capital and term loan/ composite loan to the small medium enterprise engaged in trading, small businesses and services activities with simplified procedures, processes, appraisal and concessional pricing. This specific product does not cover SSI and manufacturing units. ELIGIBLE BORRO WERS: †¢Individuals †¢Self employed persons, women entrepreneurs, agri-businessmen, etc. HUF, limited companies †¢Proprietorship concern/ partnership concerns. ELIGIBLE ACTIVITIES †¢Retail Traders And Small Business †¢Professional including practicing doctors/ consultancy units/ travel agency. †¢ Wholesale distributor and dealers/ stockiest, commission’s agents. †¢Jeweler shops, nursing homes †¢Transport operators (only for working capital) THE KEY FACTOR NEED TO BE CONSIDERED FOR CREDIT DECISION: †¢Track record of the business – experience of at least 3 years. †¢Acceptable level of trade activities and its consistency. †¢Market reputation Past banking transaction †¢Risk coverage by way of adequate securities for proposed exposure. †¢Overall financial standing of business. †¢Credit need of stock in trade and credit sale. FACILITIES UNDER WHICH THE CREDIT CAN BE GIVEN ARE: †¢Secured overdraft. †¢Term loan VALIDITY OF FACILITY OR TENURE: †¢Secured overdraft – 2 years †¢Term loan – 4 years EXPOSURE OF FACILITY: †¢Minimum limit- no limit for existing customers and minimum of rs. 5 lakhs for new customers. †¢Maximum limit – 25 lakh RATE OF INTEREST TO BE CHARGED: †¢Secured overdraft – IVRR+ . 25% Term loan – IVRR + . 50% PROCESSING AND DOCUMENTATION CHARGES: †¢Secured overdraft . 50% p. a of the loan amount †¢Term loan . 50% of the loan amount QUANTUM AND MARGIN: †¢Secured overdraft – 20% of the gross projected sales or 3 times of the promoters net owned funds in the business which ever is less. †¢Term loan – margin of 25% is kept on the total projected coast. †¢Bank guarantee limits- a minimum margin of 20% by way of deposits. SECURITY: †¢Primary security – hypothecation of stock and book debts in such a way that 125% of limit sanctioned is covered. Co llateral security – equitable mortgage of the immovable landed properties other than agricultural land, in such a way that 125% of the limit sanctioned is covered. Market value of the properties as determined by the bank’s approved value. And in case of liquid securities such as life insurance policies and government securities should cover 100% of credit exposure. CASE STUDY ON BLT In order to understand the working of the business loan trade a case is taken. To ensure the credit worthiness of the customer with which bank is dealing, bank requires various kinds of documents. Audited balance sheet of last two years and there profit loss account, in this case we have audited balance sheet and profit loss account of 2005-2006 2006-2007 †¢Provisional balance sheet of current year in this case we have provisional balance sheet of 2007-2008 †¢And 1 year projected balance sheet, in this case we have provisional balance sheet of 2008-2009 †¢Photocopy of prop erty to be mortgaged †¢Copy of income tax/sales tax return. †¢Net worth statement of proprietor CASE DETAIL NAME ABC (P) Ltd. ADDRESS- B11, SEC- 22, Noida -201301 CONSTITUTION- Company YEAR OF ESTABLISHMENT- 28th July 1993 LIMIT REQUIRED- 50 Lacs MANAGED BY- Mr. S. P. Singhal, Mr. R. P. Singhal After studying the above mentioned documents closely we come out with following information: †¢Value of mortgaged property – 69 lakhs †¢Business premises – owned †¢Reputation of business – satisfactory †¢Conduct of business – sound †¢Net worth of promoters – 1. Mr. S. P. Singhal – 90 lakhs 2. Mr. R. P. Singhal – 32 lakh †¢Leverage (TOL/ TNW) 2. MPOWER-RENT Owners of the properties who have leased their properties to the eligible tenants are granted ‘term loan’, under this scheme. By discounting/ scrutinizing the lease rentals receivables. Product features and relative operative instruction are mentioned in this chapter. ELIGIBLE BORROWERS †¢Individuals †¢Sole proprietorship concerns †¢Partnership firms †¢Public private limited companies †¢Trusts †¢Registered bodies like educational institutions †¢Association of persons owning properties ELIGIBLE PROPERTIES Commercial properties situated in prime locality in metro and urban areas with unencumbered, clear and marketable title and with easy marketability. †¢Original title deeds should be available. †¢Approval from appropriate authorities for construction and various other approvals should be available. †¢Value of property should be at least 125%/150% of the loan amount, depending upon the tenor of loan. PURPOSE OF LOAN †¢Investment by promoters and their friends and relatives in enterprises byway of subordinate unsecured loans. †¢Repayment of high cost borrowings Meeting gaps in working capital requirement of their business. †¢Capital investment †¢Any other purpose acceptable to the bank, but not for any speculative purpose. NATURE OF CREDIT FACILITYES †¢Term loan repayable through EMIs MINIMUM MAXIMUM FINANCE †¢Minimum: 25 lakh EXTENT OF FINANCE †¢Loan amount will be calculated on the basis of net monthly rent by deducting the following items from the gross monthly rent. a)TDS at the prevailing rates. b)Actual expenses such as taxes, insurance, maintenance etc. subject to a minimum of 5% of the rent. If the rent payable is split up into actual rent and amenities charges, both these amounts can be reckoned to compute the eligible loan amount. †¢Advance rent/security deposits received from t he tenant need not be deducted from the rent receivable provided the lease period is more than the currency of the loan. †¢The loan amount will be arrived at based on the net monthly rent, rate of interest, and period. †¢Suitable downward adjustments have to be made to the actual rent payable to ensure that the fair market rent is considered to compute the eligible loan amount. SECURITY †¢Charge over the leased property by way of simple/ equitable mortgage. †¢Hypothecation of lease rental †¢Collateral security is linked to the period of loan as mentioned below: a)Up to six years: 125% b)Above six years: 150% GUARANTEE †¢Personal guarantee of partners/ promoter directors of the borrowing firm/ company †¢Third party guarantee, if available, preferably of legal heirs in case of individuals. GENERAL GUIDELINES Borrower †¢Credit investigation report should be prepared †¢Borrower/ group companies should not be defaulter to any bank. The following documents should be obtained: 1. Loan application 2. IT/ wealth tax return, assets liabilities statement of individual and promoter 3. Financial statement of the firm / companies / institutions/ association of person for the last two years. 4. Details of other business / income of the landlord. Tenant (lessee) †¢Well-known multinational public sector undertaking including their sub sidiaries, banks. All India financial institutions, national international airlines, insurance companies, central government offices without insisting on there financial statements. Entertain well- reputed companies only in the private sector without insisting on details verification of their financials. †¢New companies promoted by high net worth individuals. Lease agreement †¢The minimum lease period (lock-in-period) should be three years, where the building is constructed exclusively to suit the requirement of the tenant. The same may be relaxed in other cases. †¢Lease agreement should not be modified without the bank’s approval. LOAN DOCUMENTS TO BE OBTAINED †¢Term loan agreement †¢Hypothecation of lease rentals in bank’s favor Guarantee agreement in respect of personal guarantee/ third party guarantee if applicable. †¢Tripartite agreement or irrevocable power of attorney in favor of the bank or direct payment of rent to the bank. â₠¬ ¢Mortgage documents †¢Board resolution in case of corporate borrowers. †¢Original lease deed between lessor and lease. Original lease deed may be returned to the borrower in exceptional cases, by retaining a certified true copy for the bank’s records. †¢Any other document as per legal advice or as specified by the bank in futures. 3. LOAN/OD AGAINST NSC, LIC POLICIES INTRODUCTION Investment made in securities like RBI relief bond, National saving certificate (NSC’s), kisan vikas patras (KVS) and Insurance policies of LIC and other private Insurance companies has lock-in period before which the securities cannot be pre-closed by the investor but they can avail loans from banks against the same. Keeping in view the opportunity available, this scheme envisages grant of secured overdraft facility / misc. loan for business and other purposes against the security of NSC’s, KVP’s, insurance policies standing in the name of individuals/ partnership firms / companies / trusts etc. ELGIBLE BORROWERS †¢Sole proprietorship concerns †¢Partnership firms †¢Public private limited companies †¢Trusts †¢Registered bodies like educational institutions †¢Societies and association of persons SECURITIES ACCEPTABLE NSCs / KVPs /Insurance policies in the name of proprietor, partner, director, Trustees, member firms, companies, their family members and close relatives. PURPOSE OF THE LOAN 1. Investment by promoters and their friends and relatives in enterprises by way of subordinated unsecured loans to strengthen their capital base. 2. Repayment of high cost borrowing. 3. Meeting the gaps In working capital requirements due to mismatches in cash flows. 4. Capital investment 5. Any other purpose acceptable to the bank but not for speculative purpose. NATURE OF CREDIT FACILITY Overdraft/misc loan against the security of NSCs, KVPs, and insurance policies. MINIMUM MAXIMUM FINANCE 1. Minimum – Rs. 2. 00 lacs 2. Maximum – Rs 1. 00 crore per borrower. EXTENT OF FINANCE NSCs / KVPs 1. 90% of the face value in respect of NSC/ KVP of more than 2 years old. 2. 75% of the face value in respect of NSC/KVP more than 1 year old and up to 2 years. 3. NSCs/ KVPs aged 1 year and below should not be considered. . Interest accrued should not be reckoned for calculation of eligible loan amount. Insurance policies 1. 90% of the surrender value SECURITY 1. Personal guarantee of the security holder 2. The insurance policies shall be assigned to the bank/NSCs and KVPs be transferred in the name of the bank. VALDITY PERIOD OF THE LIMIT Secured overdraft (SOD) 1 . 2 years from the date of sanction or due date of NSC/ KVP/ Insurance policy whichever is earlier. Term loan 1. 4 years from the date of sanction or due date of NSC/KVP/Insurance policy whichever is earlier. RATE OF INTEREST AMOUNT OF OD/TL FACILITY RATE OF INTEREST Rs. lacs up to Rs. 30 LacsIVRR minus 2. 0% p. a Above Rs. 30 lacs up to Rs. 40 LacsIVRR minus 2. 50% p. a Above Rs. 40 lacs up to Rs. 50 LacsIVRR minus 2. 75% p. a Above Rs. 50 lacsIVRR minus 3. 0% p. a PROCESSING CHARGES 1. Processing charges shall be 0. 10% for the fresh sanction made and 0. 05% for every renewal thereafter 2. Regional head, SBU will have the discretion to waive the processing charges. 4. SECURED OVERDRAFT AGAINST GOI/RBI BONDS INTRODUCTION â€Å"Govt. of India – RBI relief bond† is issued by the reserve bank of India to individuals, joint holders, minors and HUF without an option for pre-closure by the investors. Bonds are not issued in the name of companies, trusts etc. the tenor of the bond are not issued in the name of companies, trust etc. the tenor of the bond is five years. Under this scheme, finance is extended to sole proprietorship concerns, partnership firms, companies against the bond standing in the individual name of the proprietors/partners/director etc. this scheme does not cover the finance made direct to the investor, which falls under the purview of retail SBU. ELGIBLE BORROWERS 1. Sole proprietorship concern 2. Partnership firms 3. Public private limited companies 4. Trusts 5. Registered bodies like educational institutions, societies and associations of persons. BONDS ACCETABLE 1. RBI bonds should be in the names of proprietor, partner, director, trustees, members, their family members and close relatives. 2. Proper linkage should exist between the bondholder and the borrower. The bondholder can be made as co-borrower. The bondholders can be made as co-borrower to get the bond transferred in the name of bank. 3. All the series of RBI relief bond are acceptable viz. 8. 50%, 9%, 10%, and in both the form i. e. in physical and in bond ledger account with any bank or any institution. . Bonds issued from 2003 are not acceptable, since they cannot be transferred. 5. Before taking up the proposal, branches should verify the bonds being offered to ensure that loans can be availed against the same that the same are transferable in the name of the bank. PURPOSE OF LOAN 1. To provide funds for investment by promoters and friends and relatives in enterprise by way of subordinated unsecured loans to strengthen their capital base. 2. For repayment of high cost borrowing. 3. To meet gaps in working capital requirements due to mismatches in cash flows. 4. For capital investment. 5. Any other purpose acceptable to the bank, but not for any speculative purpose whatsoever. NATURE OF CREDIT FAC