Laws governing merger in India

Various Laws governing merger in India are as follows: 1. Indian Companies Act, 1956 This has provisions specifically dealing with the amalgamation of a company or certain other entities with similar status. The most common form of merger involves as elaborate but time-bound procedure under sections 391 to 396 of the Act. Powers in respect of these matters were with High Court (usually called Company Court). These powers are being transferred to National Company Law Tribunal (NCLT) by companies (second Amendment) Act, 2002. The Compromise, arrangement and Amalgamation/reconstruction require approval of NCLT while the sale of shares to Transferee Company does not require approval of NCLT. Sec 390 This section provides that “The expression ‘arrangement’ includes a reorganization of the share capital of the company by the consolidation of shares of different classes, or by the division of shares into shares of different classes, or by both these methods” Sec Continue reading

Paradoxical Thinking

For decades, the management theorists have focused their attention on three types of thinking i.e. magical thinking, modern thinking and postmodern thinking. The latest inclusion is the paradoxical thinking. The main reason that paradoxical thinking has gained importance in the business world is that there were some buzz phrases that were being used by the employees of the organisations such as controlled chaos, getting outside the box, breaking the frame of reference, creative destruction, fuzzy logic and etc. All of these terminologies show that a business can develop something impossible by going beyond the imaginative framework and these old models have less importance in the contemporary world. The primary crux of the paradoxical thinking is that the openness can be anything but it is indecisive, lacks principled convictions and is sometimes passionless as well. Paradoxical thinking implies that problems should be looked from different angles rather than one perspective so Continue reading

Trading Area Adequacy for Retail Layouts

Trading area adequacy is the ability of a trading area to support proposed and the existing retail operations. The support capability may be viewed in a “Gross” as well as “Net” form. Here Gross adequacy is the ability of a trading area to support a retail operation without any consideration of retail competition. That is, the gross adequacy measures the total amount of business available to all the competing retailers within a defined trading area. Contrary to this, “net adequacy” is the ability of a trading area to provide support for a retailer after competition has been taken into account. The Gross Adequacy of Trading Area Measurement of gross adequacy determines the trading area’s total capacity to consume. The capacity of a retail market to consume is the function of the total number of consumers within a trading area at a given time and their need, willingness and the ability Continue reading

ERP Software Cost

Enterprise Resource Planning (ERP) packages are very expensive. Let us be clear. If you have already have some system or not, once you decide to go for ERP, you need to plan well. The entire project cost is not the only the ERP Software cost. It includes hardware, software, implementation, consultation charges, sensitizing employees to ERP and training them. Hence, if you come across some one indicating only the ERP software cost, do not get carried away. Every ERP implementation needs careful planning. Once the Enterprise identifies a few specific ERP software, ERP companies or their consultants may be asked to give you some presentation as to why should their ERP software be bought. Do not expect to get the total ERP implementation costs including ERP software cost in this presentation stage. You need to technically evaluate all the suitable ERP software packages. If you have internal expertise or a Continue reading

Strategies for Stability

Stability strategy is a strategy in which the organization retains its present strategy at the corporate level and continues focusing on its present products and markets.  The firm stays with its current business and product markets; maintains the existing level of effort; and is satisfied with incremental growth. It does not seek to invest in new factories and capital assets, gain market share, or invade new geographical territories. Organizations choose this strategy when the industry in which it operates or the state of the economy is in turmoil or when the industry faces slow or no growth prospects. They also choose this strategy when they go through a period of rapid expansion and need to consolidate their operations before going for another bout of expansion. Read More: Stability Strategy It’s not easy to identify organizations that are pursuing a stability strategy, if for no other reason than that few top Continue reading

Resource-Based View (RBV) Strategy Formulation

The resource-based view (RBV) is a tool to determine strategic resources and how it affects the performance of the firm based solely on reviewing its internal environment while the external environment remains fixed. Firms using RBV competes in terms of their resources and capabilities. The aim of this article is to study the factors that influence a firm’s performance. The RBV emphasizes the firm’s resources as the essential elements of competitive advantage and performance. It assumes two assumptions in examining sources of a competitive advantage which are that the firms are heterogeneous in terms of the resources they control and that resource heterogeneity can continue over a period as the resources used to implement their strategies are not easily portable across firms. The RBV method of analyzing a firm’s performance is focused that other vital factors that tend to be disregarded. Resources are not valuable of themselves; instead, they are Continue reading