Unit-II Types of Business Structure Type of Structure No of People as Registration owners process Liability Sole Proprietorship Single Not Required Unlimited Ceases if the owner dies Partnership More than Two Partnership Act 1932 Unlimited Ceases if the partner mutually agree Public Limited Company Min : 7 Max: unlimited Registrar of Companies (ROC) Limited Perpetual Existence Private Limited Company Registrar of Companies (ROC) Limited Perpetual Existence Min:2 Max:50 Continuity Sole Proprietorship • Sole proprietorship is a business organization in the name of particular individual itself. This has a disadvantage as it does not get the recognition in the market, from point of view of funding and investment. Also, markets show less faith in it because there is no regulatory body that regulates its functioning like in the case of Companies SOLE TRADER Nature of the organization: it is the simplest form of business organization. Governing law: there is less legislation to worry about than with other business organizations. Establishment procedure: establishment is very simple, involving more practical problems (such as finding a place to work from) than legal considerations. Sole Trader Finance: the ease of raising capital will generally be determined by the trader's personal credit. Continuity of existence: the business is tied to the trader and so dies with them. Limitation of liability: the trader is personally liable for the debts of the business. Control of the organization: the trade owns and operates the business and makes all the decisions. Partnership Partnership is yet another structure, which can be used for making investments in India. Partnership is created by an agreement entered between two or more parties (individuals/ companies) to share the profits of a joint business. Such an agreement is called the ‘Deed of Partnership’. Partnership law in India is governed by the Indian Partnership Act 1932. Foreign entities and foreign individual investors can form partnerships in India. Registration of partnership is advisable as it confers certain legal rights upon the partnerships and its partners. Difference between public and private limited companies Public Ltd; companies Private Ltd; Companies Liability : Limited liability Liability: Limited Liability Min Number of Members:7 Min Number of members:2 Max Number of Members: unlimited Max Number of members:50 Can issue shares to the public and can be Cannot issue shares to the public and listed in the stock exchange. cannot be listed in the stock exchange Has the right to transfer the shares Cannot transfer the shares Requires both certificates incorporation and Requires certificate of incorporation only commencement Companies • Indian companies can be divided into two basic categories: private limited company and public limited company. A private limited company is one which· Restricts its members’ right to transfer of shares Limits the number of its members to fifty, and Prohibits invitation to public to subscribe for its shares and debentures. A public limited company is any company which is not private limited company. Public limited companies whose shares are traded in the stock exchange are called listed companies Governing Documents • The Companies Act 1956 contains all the rules and regulations for the incorporation as well as functioning of the company. The basic governing document for the company registered in India is the Certificate of Incorporation, and Memorandum and Article of Association, which should be printed and always be available at the Registered office of the company as per the provisions of the governing Act. Forming a company • Formation of a Company in India is governed by the Indian Companies Act, 1956. The procedure for formation of a company is as under: A suitable name is to be decided for the proposed company Drawing up Memorandum of Association - Name of the Company - Main objects of the Company - Share Capital of the Company - Statement of liability of the members - State where registered office of the Company will be situated Role of SME’s In Indian Economy SME’s play a vital role in Indian Economic Growth. 40% share in industrial output, produce 8000 + value-added products. Contribute 35% in direct Indian Exports 45% in the overall exports from India. Role of SME’s In Indian Economy Biggest employment-providing sector after agriculture. Constitute 80% of total number of industrial enterprises Forms backbone of industrial development Their growth is higher than rate of growth of industry sector as a whole, contributing 7% to our GDP NUMBER OF ENTERPRISES IN MSME SECTOR EMPLOYMENT IN MSME SECTOR NATURE OF ACTIVITY SECTOR (%) Manufacturing/ Assembling/ Processing 66.67 % Repairing & Maintenance 16.33 % Services 17.00 % TYPES OF MANAGEMENT/OWNERSHIP No. of enterprises managed by Male 86.17 % Female 13.83 % Total 100 % TYPES OF ORGANIZATION DISTRIBUTION BY TYPE OF ORGANISATION Proprietary 90.36% Partnership 3.85 % Pvt. Company 2.69 % Pub. Ltd. Company 0.53 % Cooperatives 0.30 % Others 2.27 % MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES • Role of the Ministry of Micro, Small &Medium Enterprises • The primary responsibility of promotion and development of micro and small enterprises lies with the State Governments. MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES • The Government of India set up the Small Industries Development Organization (SIDO) [now Office of the Development Commissioner (Micro, Small & Medium Enterprises)] in 1954, a public sector enterprise called the National Small Industries Corporation Limited(NSIC) in 1955, and enacted the Commission Act in 1956. Establishment of K hadi and Village Industries K hadi and Village Industries Commission (KVIC), Coir Board and Micro, Small & Medium EnterprisesDevelopment Institutes [formerly known as Small Industries Service Institutes (SISIs)] in nearly every State followed. MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES Besides, the Ministry runs three training institutes, namely, Micro, Small and Medium Enterprises (NIMSME), National Institute for Hyderabad National Institute for Entrepreneurship and Small Business Development (NIESBUD), NOIDA, and Indian Institute of Entrepreneurship (IIE), Guwahati, with the objective of training and development of human resource relevant to small industries as also entrepreneurship. The Khadi & Village Industries Commission (KVIC), • The Khadi & Village Industries Commission (KVIC), established under the Khadi and Village Industries Commission Act, 1956 (61 of 1956),is a statutory organization engaged in promoting and developing khadi and village industries for providing employment opportunities in rural areas, thereby strengthening the rural economy. The Commission is headed by full time Chairman and consists of 10 part-time Members. The Khadi & Village Industries Commission (KVIC), • The main functions of the KVIC are to plan, promote, organize and assist in implementation of programmes /projects/schemes for generation of employment opportunities through development of khadi and village industries. Towards this end, it undertakes activities like skill improvement, transfer of technology, research & development marketing, etc. KVIC co-ordinates its activities through State KVI boards, registered societies and cooperatives. National Small Industries Corporation Limited (NSIC) NSIC, established in 1955, is headed by Chairman-cum-Managing Director and managed by a Board of Directors. The main function of the Corporation is to promote, aid and foster the growth of micro and small enterprises in the country, generally on commercial basis. NSIC provides a variety of support services to micro and small enterprises catering to their different requirements in the areas of raw material procurement; product marketing; credit rating; acquisition of technologies; adoption of modern management practices, etc. Salient Features of Micro, Small & Medium Enterprises Development (MSMED) Act, 2006 • Classification of Enterprises The earlier concept of ‘Industries’ has been changed to ‘Enterprises’. • Enterprises have been classified broadly into: (i) Enterprises engaged in the manufacture/production of goods pertaining to any industry; and (ii) Enterprises engaged in providing/rendering of services Manufacturing Enterprises have been defined in terms of investment in plant and machinery (excluding land &buildings)and further classified into: Classification of Enterprises • Micro Enterprises – investment up to Rs. 25 lakh. • Small Enterprises – investment above Rs. 25 lakh and upto Rs. 5 crore • Medium Enterprises – investment above Rs. 5 crore and up to Rs. 10 crore. Classification of Enterprises • Service Enterprises have been defined in terms of their investment in equipment (excluding land & buildings) and further classified into: • - Micro Enterprises – investment up to Rs. 10 lakh. • - Small Enterprises – investment above Rs. 10 lakh and upto Rs. 2 crore • Medium Enterprises – investment above Rs. 2 crore and up to Rs. 5 crore. Institutions Supporting Small Business Enterprises Institutions Supporting Small-scale Industries CENTRAL LEVEL • SSI BOARD • KVIC • SIDO STATE LEVEL • DIs • NSIC • NSTEDB • NPC • NISIET • DICs SSIs • SFCs • SIDCs/SIICs • NIESBUD • IIE • EDI • SSIDCs OTHERS • Industry Association • Non Governmental Organizations • R & D Laboratories Small-scale Industries Board (SSI Board) • Constituted in 1954 to facilitate the coordination and interinstitutional linkages for the development of SSI sector • The Board is an apex advisory body constituted to render advice to the government on all issues pertaining to the SSI sector • The office of the Development Commissioner (Small-Scale Industry) serves as the secretariat for the board • The Board operates broadly in the following areas: Policies & programs - Development of industries in specific region like Northeast Ancillary development, quality improvement, mktg. assistance - Credit facilities, taxation and modernization - Industrial sickness Industries Association CII : Confederation of Indian Industries FICCI: Federation of Indian Chambers of Commerce and Industry. ASSOCHAM: Associated chambers of Commerce and Industry of India. Khadi and Village Industries Commission (KVIC) • Statutory body created by an act of Parliament • It is charged with planning, promotion, organization and implementation of the program for the development of Khadi and other village industries in the rural areas in coordination with other agencies engaged in rural development • KVIC’s functions also comprise building up a reserve of raw materials and implements for supply to producers, creation of common service facilities for processing of raw materials and provision of marketing of KVIC products • KVIC is entrusted with the task of providing financial assistance to institutions or persons engaged in the development and operation of Khadi and village industries and guide them through supply of designs, prototypes and other technical information National Small Industries Corporation Ltd. (NSIC) • Established in 1955 by GOI with the main objectives to promote, aid and foster the growth of SSIs in the country • Over four decades of transition and growth in the SSI sector, NSIC has provided strength through a progressive attitude of modernization, upgradation of technology, quality consciousness, strengthening linkages with large and medium-scale enterprise and boosting exports of products from small enterprises • Main services provided by NSIC are: Machinery and Equipment (Hire Purchase / Lease scheme) Financial Assistance Scheme Assistance for Procurement of Raw Material Government Store Purchase Program Technology Transfer Centre (TTC) Marketing Assistance Schemes of NSIC • Raw Material Distribution: The core business activity is raw material distribution and marketing assistance to the MSMES. Entering into arrangements with bulk manufacturers of industrial raw materials so as to enable the MSMEs to avail economies of scale. Types of Materials Iron and steel Aluminum Paraffin wax Coal HDPE (high density polythene ) LDPE (Low density polythene) Government Stores Purchase Program • Under this scheme NSIC registers micro and small enterprises and fixes their monetary limit as per their capacity so as to empower them for participation in Government tenders. • The enterprises registered under this scheme get the following facilities: Issue of tender sets free of cost Advance intimation of tenders issued by DGS&D(Director General of Supplies and Disposals) Government Stores Purchase Program Exemption from payment of earnest money Consortia and Tender Marketing: MSMEs in their individual capacity face problems to procure and execute large orders, which inhibit and restrict their growth. NSIC accordingly adopts consortia approach and forms consortia of units manufacturing similar products thereby easing out marketing problems of small enterprises. Consortia of Units • NSIC explores the market and participates in the tenders on behalf of then consortia members to secure orders for bulk quantities. On receipt of the bulk orders it distributes the same amongst consortia members in accordance to their production capacity. Trade fairs and exhibitions • To showcase the competencies of MSMEs and to capture global market opportunities, NSIC participates in select international and national exhibitions and trade fairs. NSIC facilitates the participation of MSMEs by providing built up space at concessional rates. Buyer seller meets and marketing campaigns • NSIC organizes buyers-sellers meets to bring bulk buyers Government departments and MSMEs together at one platform. Bulk and departmental buyers such as the railways , defense and communication departments are invited to participate in buyer seller meets. Credit Support • NSIC facilitates procurement of raw material from the bulk manufacturers for a period of 90 days at a very competitive rates of 9.5% to 10.75%. Support Services • Performance and credit rating scheme for Micro and small enterprises: • NSIC has been implementing the performance and credit rating scheme for the MSMEs on behalf of the government. The rating is been carried through agencies like CRISIL ( Information Services of India Limited) Credit Rating District Industries Centers District Industries Centers were established in 1978 to serve as the nodal agency in the Districts to assist the entrepreneurs for establishment of the Industries. The District Industries Centers are entrusted with the responsibility of providing all approvals/ clearances needed for setting up an Industry under Single Window. Single Window Act: • Government have enacted “Industrial Single Window Clearance Act” in 2002 for speedy processing and issue of various approvals/ clearances/ permissions required for setting up of an Industrial undertaking and also to create an investment friendly environment in the State. Single Window Act: • Since beginning of the Single Window Act, 70,302 clearances were issued under Single window in respect of 40,129 units (Micro, Small, Medium and Large units) with a proposed investment of Rs.2,32,958 crore Function of DIC Commisionerate To Assist and guide the entrepreneurs for promotion and setting up of industrial units. To enable the entrepreneur to get different industrial approvals and clearances from various departments / agencies at a single point. Function of DIC Commisionerate • To register Small Industry/ Tiny industry/Small Scale Service and Business Enterprises. • Sanction of incentives to eligible industrial undertaking. • To arrange financial assistance to educated unemployed youth from Banks • to set up their firms under Prime Minister's Rozgar Yojana Scheme (selfemployment schem Function of DIC Commisionerate To provide marketing assistance to local industrial units. To Rehabilitate Sick small industrial units. To settle disputes arising due to non-receipt of payment to local SSI suppliers from various purchasers especially Government Departments by acting as arbitrator through the Industry Facilitation Council. Andhra Pradesh State Finance Corporation (APSFC) • Andhra Pradesh State Financial Corporation [APSFC] is a term lending Institution established in 1956 for promoting small and medium scale industries in Andhra Pradesh under the provisions of the State Financial Corporations Act, 1951.The corporation came into existence on 1-11-1956 by merger of Andhra State Financial Corporation and Hyderabad State Financial Corporation. Milestone achievements of APSFC : So far sanctioned Rs.2,503 crores for 93,999 units in Andhra Pradesh as on 31/03/2012. Disbursed Rs.8,571 crores to 73,480 units - 70% to Tiny/SSI sector as on 31/03/2012. Recovered Rs.9,349 crores including interest since inception till 31/03/2012.\ Established unblemished repayment track record since inception Milestone achievements of APSFC . Enjoying 60% of the market share in term lending in promoting First Generation Entrepreneurs in Andhra Pradesh . Generated direct and indirect employment to about 11 lakh persons Objectives of APSFC To industrialize the State through balanced regional development and dispersal of industries To support promotion and development of tiny, small and medium scale industries and service sector units by extending need based credit to them. Nurtures entrepreneurship and encourages entrepreneurs To act as a catalyst for generation of employment first generation APSFC Functions • Andhra Pradesh State Financial Corporation (APSFC) extends financial assistance for setting up industrial units in Small & Medium Scale, Service enterprises in the state of Andhra Pradesh. The Corporation extends finance basically through two products the Term Loans and the Working Capital Term Loans. Small Industries Development Bank of India (SIDBI) • Small Industries Development Bank of India (SIDBI), set up on April 2, 1990 under an Act of Indian Parliament, is the Principal Financial Institution for the Promotion, Financing and Development of the Micro, Small and Medium Enterprise (MSME) sector and for Coordination of the functions of the institutions engaged in similar activities. Four basic objectives are set out in the SIDBI Charter. Financing Promotion Development Co-ordination National Science and Technology Entrepreneurship Development Board (NSTEDB ) Established in 1982 by GOI, is an institutional mechanism to help promote knowledge-driven and technology-intensive enterprises Major objectives are: - promote and develop high-end entrepreneurship for S&T manpower as well as selfemployment by utilizing S&T infrastructure and by using S&T methods - facilitate and conduct various informational services relating to promotion of entrepreneurship - network agencies of support system, academic institutions and R&D organizations to foster self-employment using S&T with special focus on backward areas - act as a policy advisory body with regard to entrepreneurship National Productivity Council (NPC) Autonomous institution functioning under the overall supervision of the Ministry of Industry, GOI Primary objective is to act as a catalyst in enhancing the productivity of all sectors of the economy, including industry and agriculture Administered by a tripartite Governing Council (GC) which has equal representation from the government, industry and trade unions Active in the field of consultancy and training and has a number of specialized divisions to provide tailor-made solutions to agriculture and industry. These divisions, manned by trained consultants, deal with issues related to industrial engineering, plant engineering, energy management, HRD, informal sector, agriculture and so on NPC is a member of the Asian Productivity Organization (APO), Tokyo, an umbrella body of all productivity councils in Asian region To channelize expertise of NPC to small-scale and informal sector, SIDBI has tied-up with NPC for enhancing technology in small units National Institute for Small Industry Extension and Training (NISIET) Set up in early 1950s, NISIET acts an important resource and information centre for small units and undertakes research and consultancy for small industry development An autonomous arm of the Ministry of Small Scale Industries, the institute achieves its objectives through training, consultancy, research and education, to extension and information services National Institute for Entrepreneurship and Small Business Development (NIESBUD) NIESBUD is an autonomous body under the administrative control of the Office of the DC(SSI) NIESBUD established in 1983 by the Ministry of Industry, GOI, as an apex body for coordinating and overseeing the activities of various institutions/agencies engaged in Entrepreneurship Development particularly in the area of small industry and business The policy, direction and guidance to the institute is provided by its Governing Council whose chairman is the Minister of SSI. Besides conducting national and international training programs, the institute undertakes research studies, consultancy assignments, development of training aids, etc. Other State-level agencies Extending Facilities for SSI Promotion State Infrastructure Development Corporations State Cooperative Banks Regional Rural Banks State Export Corporations Agro Industries Corporations Handloom and Handicrafts Corporations Other Agencies National Bank for Agriculture and Rural Development (NABARD) Set up in 1982, provide refinance assistance to State Cooperative Banks, Regional Rural Banks, and other approved institutions for all kinds of production and investment credit to SSIs, artisans, cottage and village industries, handicrafts and other allied activities. Helps SSI entrepreneurs to get loan for setting up SSIs in any part of the country Housing and Urban Development Corporation Ltd. (HUDCO) Wholly owned company of GOI, incorporated Apr.1970, as a Pvt. Ltd. Co. and subsequently, converted into a Public Ltd. Co. in 1986. Primary objective is to provide assistance for urban, social sector infrastructure, and the creation of housing facility, of late, to create SSI infrastructure. Also extends assistance for the promotion of building material industries, besides imparting consultancy, training and technical in related matters. Technical Consultancy Organizations (TCOs) Set up by all-India financial institutions during 70s and 80s to cater to consultancy needs of SMEs and new entrepreneurs. Services include preparing project profiles and feasibility studies, undertaking industrial potential surveys, identifying potential entrepreneurs and provision of technical and management assistance to them, undertake market research and surveys for specific products, carrying out energy audit and energy conservatism assignment, project supervision, taking up assignments on a turnkey basis, undertaking export consultancy for EOU End of Unit-II