The corporate Governance in the Companies Act, 2013 - Free Essay Example

Sample details Pages: 9 Words: 2845 Downloads: 10 Date added: 2017/06/26 Category Law Essay Did you like this example? The corporate Governance in the Companies Act, 2013 The Companies Act, 2013 reinforces and redresses laws pertaining to companies[1]. The Companies Act, 2013 was passed by the parliament and received Presidential assent on 29th August, 2013. Some of the provisions of the Companies Act, 2013 were notified in the Official Gazette on 30th August, 2013. Don’t waste time! Our writers will create an original "The corporate Governance in the Companies Act, 2013" essay for you Create order Many of the provisions of the Companies Act, 1956 continue to be in force[2]. Corporate Governance is an important aspect in the Companies Act, 2013. Under the Corporate Governance, the Board of Directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report will include disclosures involving payment of directors, service contracts and stock options details[3]. The Companies Act, 1956 existed for more than 50 years and now it is proving to be inefficient when it comes to handling challenges of a growing industry and complexities involving stakeholder interests. Therefore, the new act improves the status on governance and raises the responsibility on the Board of Directors and the Management. There are six crucial aspects to improve corporate governance. First, there must be an increase in the reporting framework. Secondly, there must be a requirement for higher auditor accountability. Thirdly, there must be availability for easier restructuring. Fourth, there must be emphasis on investor protection. Fifth, there must be an increase in the wider directors and management responsibility and there must be an inclusive CSR agenda[4]. Under the Reporting Framework[5], subsidiary, associate and joint venture companies are explained according to section 2(6) and 2(87)[6]. If the holding company owns more than 50% of the total share capital or exercises control over the board, it becomes a subsidiary company while a holding company owns at least 20% of the total share takes business decisions under an agreement, the company becomes an associate company. Also under this scheme, exemptions to a company are given only when the holding of a company is outside India. Under section 129[7], there is a compulsory requirement for à ¢Ã¢â€š ¬Ã…“consolidated financial statementà ¢Ã¢â€š ¬Ã‚  (CFS). CFS is the combination in the financial statements including assets of the parent company and its subsidiaries[8]. Every company has to prepare a CFS if it either has a subsidiary, associate or joint venture companies. However, when it comes to preparing a CFS, there is no exemption given. Under sections 130 and 131, there is a need for revision in the financial statement. Revision of financial statements is either made by the directors of the company when financial statements and the report made by the board contradict each other or voluntary restatement made by the board of directors for at least three years or can be made by the central government when it comes to fraudulent reporting or mismanagement in the financial statements[9]. This scheme also looks into the changes in the depreciation regulation mentioned under section 123(2) and schedule II. This includes useful life which is given preference over other standard compulsory rates. Useful life is generally defined as the time or the duration for which a particular item will be useful to business. When the meaning of useful life is taken, it should not be considered as to how long that item will last[10]. Accordin g to section 138 of the companies act, 2013[11]; it requires mandatory internal audit and reports on internal financial controls. It requires adequacy and efficiency of the internal financial controls in the reports made by the directors or the auditors only for listed entities and must be included only in auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s reports for other listed entities. It requires internal audit to be made companies which are listed and all other public limited companies. The second scheme for the corporate governance is higher auditor accountability which allows maximum twenty audits for an individual partner of a firm[12]. An individual auditor is eligible for at least five years and for partnership audit firms, it involves another five years. The auditor will also be given a five year cooling time after completion of the previous term. The new auditor cannot be related to the leaving auditor in terms of an associate or a network firm. According to the rules of the draft, the pre-commencement term will apply for calculating the balance validity of the present auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s occupancy. A large number of restrictions regarding non-audit services can be supplied by the auditors. Most of the non-audit services have to be approved by the board before itself[13]. Responsibility of the auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report mainly depends on what the auditor report will cover. The auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report will have to cover six sections. First, it must contain observations, comments involving financial transactions. Second, they must cover qualification or the remark regarding the maintenance of the accounts. Third, whether there is adequacy of internal financial control systems and its efficiency. Fourth, it must contain the disclosure of pending litigation on the financial post. Fifth, it must explain the provisions made for foreseeable losses on a long term and sixth it must cover the delays in depositing money into the IEPF. IEPF is the I nvestor Education and Protection Fund which was established under section 205C of the Companies Act, 1956[14]. Under the second scheme, there must be a report made to the Audit Committee when it is related to fraud committed by the companies own employees against it and must be made to the central government if done frequently. The third scheme involves easier restructuring which refers to rationalizing multilayered structures[15]. Under these structures, it allows at most only two investment SPV company levels which are allowed between the investor company and the invested company. SPV is the special purpose vehicle which is a subsidiary of a company that tries to separate the risk from the parent company by looking after the assets and its liabilities through a separate balance sheet.[16]Exemptions can be given while acquiring overseas subsidiary with multilayers which is allowed by the foreign law and when multi-layering is considered by any law in force. Under this sche me, there is a need for simplifying procedures when it involves a merger which is provided under section 232 of the companies act, 2013[17]. The National Company Law Tribunal (NCLT) can approve the schemes made by the restructuring companies instead of the High Court (HC)[18]. The Auditor must ratify that the accounting treatment mentioned in the scheme made by these companies comply with the accounting standard for either the listed, unlisted or private companies. Also, for the merger to take place there must be consent from the majority of the members. The merger of the company is allowed to be under the unlisted companies only when there is an exit opportunity that is given to the public shareholders and when the valuation is done accordingly by the SEBI guidelines. Section 236 of the companies act, 2013 requires all shareholders owning more than 90% of the share capital will have to declare the intent to buy-out the balance equity shares. Under section 247, exit assessment ca n be done by the à ¢Ã¢â€š ¬Ã…“Registered Valuerà ¢Ã¢â€š ¬Ã‚ . The registered valuer is to issue mechanisms for the valuation of several assets and liabilities involving the company[19]. Under section 234, cross border merger is allowed which involves merger of an Indian company with a foreign company. Here, the central government has to make rules for consultation with the RBI and it is important that the merger is approved by the NCLT and the consideration can be made only in cash or depository receipts[20]. Under section 233 of the Companies Act, 2013; the merger between two companies without the approval of the NCLT is possible when there are two or smaller companies or when there is a holding and completely owned subsidiary or when there is prescribed types of companies. There must be a declaration of the solvency that has to be submitted. The consent has to be given by members who own more than 90% of the shares owned. Section 66 of the companies act requires that no share capital reduction will be allowed for a company that has overdue deposit. It does not allow buy- back within a year nor does it allow buy-back after three years from rectifying any defaults on deposits or term loans. In case of buy-back or capital reduction, there is a requirement of the auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s certificate involving conditions from either section 66 or 68. Buy-back is the repurchase of outstanding shares by a company in order to reduce the number of shares in the market and companies will attempt to buy-back in order to increase the value of the shares[21]. The fourth scheme is on emphasizing investor protection[22]. Section 188 of the Companies Act, 2013 permits transactions to be made in an ordinary course of business on armà ¢Ã¢â€š ¬Ã¢â€ž ¢s length transactional basis. Armà ¢Ã¢â€š ¬Ã¢â€ž ¢s length transaction is a transaction where there is no control over one another[23]. It is a transaction that is made between the seller and the buyer who act independently and are in no relation with each other[24]. Here there is no requirement to get the approval of the central government. Approval will be required from the board only when there are no transactions made in the ordinary course or is not at armà ¢Ã¢â€š ¬Ã¢â€ž ¢s length. A special resolution is required for non- armà ¢Ã¢â€š ¬Ã¢â€ž ¢s length transactions and if they are not in the ordinary courses where the share capital is greater than ten million or if the goods acquired, leasing of property transactions exceed 20% of the net worth or appointment to any office involving profits where the monthly payments is more than one lakh. Sections 125, 194 and 195 of the companies act, 2013 requires directors or the Key Managerial Personnel (KMP) to refrain from forward dealing or buying options in shares or debentures of a company. Here, Key Managerial Personnel are the employees of a company who have play as key players in the company and show great responsibility in the f unctioning of the company inclusive of protecting the interest of the stake holders[25]. Here, the forward deal is a transaction which includes the purchase or sale which comes with a settlement that will arise in the specified future[26]. Debentures hold no collateral and the only source of backing them is through the reputation of the issuer and buyers purchase debentures depending upon the issuer thinking that the issuer will not default on the repayment[27]. No employee or employer including the director and the KMPs having entry to information that is not public should be allowed to have insider trading relationships. Sections 241 to 246 of the Companies Act, 2013 specifies that members or the depositors have to declare to the tribunal if the company conducts have bias for their own interests. In case of fraudulent acts or any other wrongful acts, action suits can be filed on the company or its directors, the auditor or the audit firm and the advisor or the consultant. Only 10% of the members of the total number of members or 10% of the depositors of the total depositors or members who own more than 10% of the issued share capital or depositors who own more than 10% of the outstanding value of deposits are allowed to file an action suit. A companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s stocks owned by the shareholders that include both restricted shares as well as share blocks are the outstanding shares[28]. The Senior Fraud Investigation Officer (SFIO) is made a statutory body with important powers and under this scheme; the idea of fraud risk mitigation requires the compulsory establishment of mechanisms to directors or managers to report any kind of concerns. Under the next theme, it lays down mandatory management responsibility and wider director[29] where under section 149 of the companies act, 2013, there is stricter responsibility and accountability imposed by the code of professional conduct. A maximum of only five more years can be extended by another fi ve years only through a special resolution. The directors can be held liable for acts with knowledge and is extractable from the board and only with his consent. Under this scheme, declaration of independence is compulsory every year and stock options are not permitted when there are fees and commissions made from profits. All independent directors must hold an annual meeting and no non-independent directors or KMP or senior management are allowed. Section 177 of the companies act, 2013[30] explains the composition of the audit committee. It is compulsory for the mentioned companies to constitute an audit committee and there should be more than three directors with the majority being independent directors. Both the chairperson as well as the independent directors must be well efficient in reading and understanding financial statements. Finally, the responsibilities given to the audit committee is to recommend appointment, payment of the auditors and monitor their independence and efficiency. Then, examine the financial statements and the auditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report, approve party transactions, undertake asset valuation, assess internal financial controls and risk management systems and finally supervise the use of funds through public offers. Section 134 explains the contents in the directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report under which all companies require devised proper systems to ensure proper compliance with the laws made in India. Directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report must also include taking proper and sufficient care for maintaining ample accounting records for protecting assets and preventing and identifying fraud and must include the development and implementation of a risk management policy. In the report, the specified and listed companies must express that the internal financial controls are laid and are functioning efficiently and that the performance evaluation of the board members have been carried out. The final theme included for the corp orate governance in the companies act, 2013 is the inclusive CSR agenda[31]. The CSR agenda is the Corporate Social Responsibility which aims to help companies achieve in creating wealth jobs and answers to many challenges faced[32]. The CSR covers all companies if either the turnover is more than INR 10 billion or net worth is more than NR five billion or net profit is more than INR fifty million is fulfilled. The contribution made by the CSR is to be two percent of the average net profit before tax for three years. The contribution made will be listed under schedule VII. The board will appoint a three member CSR committee including an independent director where the committee will devise the CSR policy, recommend CSR activities and monitor CSR expenditure. There must be compulsory reporting on the CSR under section 135. When there is no requirement for companies to appoint independent contractors under section 149 but a company does go to the situation under section 135[33], the n it becomes compulsory for the company to appoint an independent contractor. When there is a failure to spend, reasons have to be disclosed and penalties to be imposed for non-disclosures. The Companies Act, 2013 brings about the changes to the structure of the board of directors. The companies act, 2013 requires the board of directors to be differentiated into resident director, independent director and a woman director[34]. The Companies Act, 1956 did not specify that companies should appoint independent directors but under new provisions such as in clause 49 of the Listing Agreement is a document in which the company will sign when it is being listed on the stock exchange and it promises to follow the rules and regulations set by the stock exchange[35]. [1] Ministry Of Corporate Affairs The Companies Act, https://www.mca.gov.in/MinistryV2/companiesact.html (last visited Nov 29, 2014). [2] Ibid. [3] Companies Act, 2013 2(4) part 2. [4]RAISING THE BAR ON GOVERNANCE COMPANIES ACT, 2013, https://www.kpmg.com/IN/en/Documents/Companies_Act_2013_Raising_the_bar_on_Governance.pdf (last visited Nov 30, 2014). [5] Ibid. [6]Companies Act, 2013, 2. [7] Companies Act, 2013, 129. [8]Consolidated Financial Statements Definition | Investopedia, https://www.investopedia.com/terms/c/consolidatedfinancialstatement.asp (last visited Nov 30, 2014). [9] Supra n(4). [10] Useful Life Definition | Investopedia, https://www.investopedia.com/terms/u/usefullife.asp (last visited Nov 30, 2014). [11] Companies Act, 2013, 131. [12] Supra n(4). [13] Ibid. [14]Investor Education and Protection Fund Archives Spotlight: National Portal of India, https://www.archive.india.gov.in/spotlight/spotlight_archive.php?id=21 (last visited Dec 6, 2014). [15] Supra n(4). [16] SPV financial definition of SPV, https://financial-dictionary.thefreedictionary.com/SPV (last visited Dec 2, 2014). [17] Companies Act, 2013, 232. [18] Supra n(4). [19] Registered Valuers Under Companies Act, 2013, https://taxguru.in/company-law/registered-valuers-companies-act-2013.html (last visited Dec 2, 2014). [20] Supra n(4). [21]Buyback Definition | Investopedia, https://www.investopedia.com/terms/b/buyback.asp (last visited Dec 2, 2014). [22] Supra n(4). [23] Armà ¢Ã¢â€š ¬Ã¢â€ž ¢s Length Legal Definition, https://www.duhaime.org/LegalDictionary/A/ArmsLength.aspx (last visited Dec 2, 2014). [24] Armà ¢Ã¢â€š ¬Ã¢â€ž ¢s Length Transaction Definition | Investopedia, https://www.investopedia.com/terms/a/armslength.asp (last visited Dec 2, 2014). [25] Key Managerial Personnel Companies act 2013, https://www.corporate-cases.com/2012/07/key-managerial-personnel.html (last visited Dec 2, 2014). [26] Wh at is Forward Deal? definition and meaning, https://www.investorwords.com/2062/forward_deal.html (last visited Dec 2, 2014). [27] Debenture Definition | Investopedia, https://www.investopedia.com/terms/d/debenture.asp (last visited Dec 2, 2014). [28] Outstanding Shares Definition | Investopedia, https://www.investopedia.com/terms/o/outstandingshares.asp (last visited Dec 2, 2014). [29] Supra n(4). [30] Companies Act, 2013, 177. [31] Supra n(4). [32] European Commission PRESS RELEASES Press release Corporate Social Responsibility: a new definition, a new agenda for action, https://europa.eu/rapid/press-release_MEMO-11-730_en.htm (last visited Dec 4, 2014). [33] Companies Act, 2013, 135. [34] Companies Act 2013: Greater Emphasis On Governance Through The Board And Board Processes Corporate/Commercial Law India, https://www.mondaq.com/india/x/319480/Corporate+Governance/Companies+Act+2013+Greater+Emphasis+On+Governance+Through+The+Board+And+Board+Processes (last visited Dec 6, 2014). [35]What is Listing Agreement? definition and meaning, https://www.investorwords.com/10199/Listing_Agreement.html (last visited Dec 5, 2014).

Dr. Martin Luther King Jr. - 1857 Words

â€Å"I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality...I believe that unarmed truth and unconditional love will have the final word.† These famous words by the honorable Dr. Martin Luther King Jr. best capture his frame of mind and the hopes he once held for the African American people during his fight for civil rights. King was an activist, pastor, and strong leader whose actions played an integral role in the advancement of the African American people as a whole. Born in Atlanta, Georgia in 1929, King spent the overwhelming majority of his life leading the African American Civil Rights Movement by using his very effective non-violent approach. Based off of his strong Christian beliefs, King led a multitude of boycotts, protests, marches, and speeches over the course of his life. These include the Montgomery Movement as well as one of his m ost famous speeches, the â€Å"I Have A Dream† speech. Spearheading the Montgomery Boycott was just one of King’s noteworthy accomplishments along the realms of non-violent direct action. Sparked by the arrest of Rosa Parks after her refusal to relinquish her seat on a city bus, the Montgomery Boycott was a year-long bus boycott in protest against the unjust laws that segregated public buses (Azbell 114). King was chosen by community leaders of the Montgomery Improvement Association to lead saidShow MoreRelatedDr. Martin Luther King Jr.658 Words   |  3 PagesIndividual Project Martin Luther King Jr. Dr. Martin Luther King Jr. inspired myself along with many other nationalities all over the world in so many ways. He was a very courageous and intelligent man who fought so hard for the blacks or African-Americans like myself to have equal rights like the whites or Caucasian people. 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The Rise Of Self Service Machines - 1627 Words

Marx and Technology Karl Marx’s theories were written in the 19th century, it is debated whether they are applicable to the issues of modern society. This essay seeks to explore the key ideas of Marx and apply them to the chosen contemporary concern of the rise of self-service machines. Primarily it will give an in depth description of his idea of human nature and the key ideas surrounding Marxist theory. Secondly, it will explain the current issue and argue the rise of technology through the eyes of Marx by relating to his main concepts. Marx’s views on human nature make up the philosophical element of his ideas. He believed human beings define themselves primarily through their labouring activity. Labour is therefore what they live for, it defines human beings and also performs functions by connecting them to their existence. This is achieved in three senses which Marx outlined (Morrison, 2006). Firstly individuals exert control over nature which makes them active in history, rather than passive. Secondly, labour provides the necessities a human requires to live, without it they would have no food, shelter or clothing and would not exist. Thirdly Marx believed labour allows an individual to define themselves. Through labour humans feel in control of their survival and are confirmed in their own existence (Morrison, p. 120). The essence of the individual is labour, it is central to human development. Humans still hold the power of creativity but the nature of the capitalistShow MoreRelatedLeon Trotsky, a Leader of the Bolshevik Revolution and Early Architect of the Soviet State741 Words   |  3 Pagesbecome the supreme leader of the USSR. 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A Vindication Of The Rights Of Woman - 1454 Words

A Vindication of the Rights of Woman Summary and Analysis of Chapter I: The Rights and Involved Duties of Mankind Considered In reading Wollstonecraft’s essay â€Å"A Vindication of the Rights of Woman,† I am drawn by the evidence that she provides to support her claim that men and women should have equal rights and opportunities. Her essay is one that discusses overcoming the ways in which women in her time (18th century) are oppressed and denied their potential; which naturally presents a problem in their household as well as society. The essay is one of the first works of feminist philosophy. The title alone suggests that women have been oppressed, doubted, denied and criticized for a period of time and should be exonerated. In the first†¦show more content†¦Men and women are born with the ability to reason. Reason is supposed to help us overcome our prejudices by looking at things more objectively. Wollstonecraft addresses this in saying, â€Å"Men, in general, seem to employ their reason to justify prejudices, which they have imbibed, they cannot trace how, rather than to roo t them out. The mind must be strong that resolutely forms its own principles; for a kind of intellectual cowardice prevails which makes many men shrink from the task, or only do it by halves. Yet the imperfect conclusions thus drawn, are frequently very plausible, because they are built on partial experience, on just, though narrow, view†. Unfortunately, most men use reason to justify prejudices instead of overcoming them. Passion was also instilled in us so that men might grapple with them and attain experience and knowledge. Wollstonecraft continues to pose to more questions as they relate to virtue and experience. She asks, â€Å"What acquirement exalts one being above another and For what purpose were passions implanted?† She writes that perfection of our nature and capability of happiness, must be estimated by the degree of reason, virtue, and knowledge, that distinguish the individual, and direct the laws which bind society and that from the exercise of reason, k nowledge and virtue naturally flow, is equally undeniable, if mankind be viewed collectively. In saying this, Wollstonecraft is stating the simple truth that men and women wereShow MoreRelatedA Vindication Of The Rights Of Woman Essay2259 Words   |  10 Pageslater she was then able to publish her most notable work, A Vindication of the Rights of Woman (1792). A Vindication of the Rights of Woman is still a very popular book which can be seen as a guide to becoming a better citizen and understanding feminism in a critical context. 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Furthermore even, some ofRead More Life of a Sensuous Woman and A Vindication of the Rights of Woman1852 Words   |  8 PagesIhara Saikaku’s Life of a Sensuous Woman written in the 17th century and Mary Woolstonecraft’s A Vindication of the Rights of Woman written in the 18th century are powerful literary works that advocated feminism during the time when women were oppressed members of our societies. These two works have a century old age di fference and the authors of both works have made a distinctive attempt to shed a light towards the issues that nobody considered significant during that time. Despite these differencesRead MoreA Vindication Of The Rights Of Woman By Mary Wollstonecraft1526 Words   |  7 Pagesand shamed by the citizens of their society and seen as outcasts and treated as such, having little to no equal rights. Historically, women weren’t seen as equal partners when it came to their male counter parts. In fact, they weren’t seen as an actual person at all. Only as an object that was to be possessed by the men of society. In chapter twelve of A Vindication of The Rights of Woman, by Mary Wollstonecraft, she speaks a great deal on national education and how important it is in shaping one’sRead MoreA Vindication of the Rights of Woman: â€Å"Author’s Introduction†871 Words   |  4 PagesEducation is the key to achievement and paves the way to success. In the â€Å"Author’s Introduction† of her 1792 treatise, A Vindication of the Rights of Woman, Mary Wollstonecraft states that the education of women has been â€Å"neglected† and the instruction they receive is â€Å"a false system of education† focused on trivial matters. Because women have not been given educational opportunities on a par with men, she laments that women are viewed as inferior and â€Å"a frivolous sex† who can only rise in theRead More The Influence of The History of Rasselas on A Vindication of the Rights of Woman2181 Words   |  9 PagesThe Influence of The History of Rasselas on A Vindication of the Rights of Woman  Ã‚  Ã‚        Ã‚   A surprising commonality found between Johnsons The History of Rasselas, Prince of Abissinia and Wollstonecrafts A Vindication of the Rights of Woman is their shared views on womens issues. This commonality is surprising since the two authors had different political viewpoints. While Johnson was a conservative Tory, Wollstonecraft was a social nonconformist and feminist. Although Wollstonecraft andRead MoreMary Wollstonecraft s A Vindication Of The Rights Of Woman1090 Words   |  5 Pagespassionate, bold Mary Wollstonecraft who caused a sensation by writing A Vindication of the Rights of Woman (FEE). 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In these male- dominated societies, these two educated women tried to vindicate their rights through one of the few areas where they could show their intelligence: literature

Lama Surya Das and the American Dharma Free Essays

Buddhism is gaining popularity and acceptance with the American public. This could be credited to the immigrants to the USA wherein some of them brought with them their culture and religion and influenced the Americans to follow them. According to Lama Surya Das, there are many factors that influenced the acceptance of Buddhism in the western countries and this acceptance lead to a unique American Buddhism. We will write a custom essay sample on Lama Surya Das and the American Dharma or any similar topic only for you Order Now His article â€Å"Ten Emerging Trends of Western Dharma† details the characteristics of the American Buddhism that sets its identity and tells how and why Buddhism was accepted by the American community. According to Das, American Buddhism is unique since it is meditation-based such that understanding of life and personal growth is attained. It is made it more accessible to the masses and gender equality is promoted. Some of the ways of the traditional Buddhism are also omitted to make it simpler and other meditation practices are accepted to make it more appealing. Spiritual development is also focused to promote good psychological and emotional welfare. Exploring beyond the doctrines of Buddhism is also promoted to allow independence and self development. Spiritual communities are also encouraged to strengthen the links with each other and to develop a sense of moral and social obligation. These premises can depict the American Buddhism as different from other forms of Buddhism. This difference could then be attributed to the fact that the Americans have a different cultural background and environment such that they accepted and did only those components of Buddhism that fits them. However, Das’ premises contain some vague ideas that are insufficient to say that there is a unique American Buddhism. Some forms of Buddhism are also meditation-based, some also observe gender equality, some are also focused on the spiritual development of a person and some are also promoting spiritual communities to inculcate a sense of moral and social obligation. Omission of a component and focusing on other components doesn’t always mean that it is already a new thing. It is still patterned from the original and the difference was just due to the attitude of the people accepting it. It’s like in the revival of a classic song into a different genre, the song could have a slightly different tune or tempo, but that doesn’t make the song a new song. It was just revived and remodeled to fit the preference of the listening public. Nevertheless, Das stressed that those are just trends he observed and the existence of a genuine American Buddhism has a long way to go. But still, if his trends would be more unambiguous, it is possible that a new form of Buddhism could really take form in America. It is important to note that the acceptance of Buddhism in America is slow. This could be attributed to the fact that America is largely a Christian country, with teachings different from that of Buddhism. However, if Das’ trends are accurate, such that American Buddhism is non-sectarian and is open to anyone, it is possible that the American public’s reaction could shift and accept it for the meditation and the other benefits. It is most likely to happen nowadays since American life is a very busy and stressful life. If the practices of the American Buddhism could fit in with the lifestyle of the Americans, more people could be influenced to follow its teachings and practices. It will then be a few steps closer to achieving a genuine American Buddhism. Nonetheless, if the openness of the American Buddhism to other traditions and Das’ argument about Buddhism being not a religion would be pointed out, it will appear that American Buddhism would not materialize as a different religion. This means that the American Dharma would just look like a program or routine that will fit in the lifestyle of the Americans. This is because the people who would practice the Dharma would not need to convert themselves and retain their former religion. They would follow the Dharma just for the meditation and the enlightenment it brings. This would then make it very appealing to the American Public and make it recruit more followers since it would easily fit in their lives. To sum it all up, I can say that genuine American Buddhism still has a long away to reality. But still, the efforts those people who brought Buddhism to America will not be a waste, and they would be able to harvest the fruit of their labors. How to cite Lama Surya Das and the American Dharma, Papers

Journal of Healthcare Risk Management

Question: Describe about the Journal of Healthcare Risk Management? Answer: The Ramsay Health Care of Australia is effectively in involved in managing risk. The organisational process of the health care organisation includes health care risk managers to track any risk that can prevail in the health system. On the other hand, the procedures that are followed is firstly related to establishing context, identifying the major risks, then analysing the risks, further evaluating the risk that can have serious impact on the health care system and lastly treatment or measure is proposed to control the risks (Franks, 2013). Moreover, in order to meet such criteria, the organisations requires efficient panel of health care experts and employees that can help in tracking and monitoring the potential risks. The organisational process is involved in detecting health issues, diagnosing and treating diseases. Therefore, it helps in improving health of people and improving health economic condition. Moreover, due to high charge on the medicine and equipments company is not able to purchase advanced equipment to measure risks. On the other hand, the social area is highly benefited as it helps in controlling the disease and providing healthy life and making people motivate to have timely checkups (Leal Filho, 2013). The company highly follows the rules relating to prescribing medicine or any treatment. The company uses e-channel to communicate with risk management team so that quick action can be taken. Moreover, company has set firm policy to provide large benefit to patients such as low charge for poor. In case of procedures, the political norms are followed and employees are well paid that are involved in risk management process. The company incurs high capital cost for monitoring risk and improves the knowledge of the people by targeting risk and managing it. On the other hand, advanced technology is used for managing risk so that risk can be controlled. Apart from that, in case of requirements, the equipments and employees are effectively hired that helps in improving economic condition of health and providing large health service to society (Marquardt and Dunlap, 2012). 2: The risks of physical injury due to employ of machine while working, is a centre of the designing a scope that affects the health of the people. Critical Factors: Understanding the level of injury caused to the people and what are the major reason behind such cause. Goals: To provide right treatment and suggestion to the people that has suffered physical injury due to machine use in their work. Strengths: The major strengths of existing technique in avoiding physical injury risk is to work under experts and place all the dangerous machine away from the working place. Moreover, the existing arrangement that is consulting health care experts for treating injury. Consulting with the qualified people helps the injured person to recover in quick time and carry the activities. Weakness: The major weakness is that below income group people are not able to make arrangement for meeting the charge of highly healthcare experts and due to that they are not able to have best advice and get right treatment. Therefore, it makes their case worse. 3: Internal Stakeholder Issues/Concerns Identified 1. Research Scientist Their issue that is related with the research scientists is to conduct and devise experiments so that scientific knowledge body can be increased. Moreover, their major concern is to develop improved drugs or other medical products so that health of people can be enhanced (Hartmann and Driessen, 2013). 2. Director of Public Health They are concerned with improving the health care operation and promoting health wellbeing and sees that the health care workers follow the rules set. 3. Director of Nursing A major concern of the director of nursing is to take care of the patients and provide better health care facility. Further, there major risk is to see whether the health care employees are taking up their job with high responsibility or not. External Stakeholders 1. Patients The major risk that is associated with the patients is that whether the health care organisations will provide expected treatment and care to them or not. Moreover, they concern about the charge for seeking from the health care professionals. 2. Funders The risk of the funders is that whether their funded amounts are invested in the right direction as per the agreement or not. Moreover, they are concerned about the return they expect to receive from the invested amount. 3. Suppliers The suppliers major risk is to seek right payment for providing medical equipment and medicine. Therefore, their concern is about to get respect and right commission for their valuable duty (Card, Harrison, Ward, and Clarkson, 2012). 4: Stakeholders in an organization are the shareholders, employees, creditors, customers, suppliers, owners etc. If there is a risk in a health care organization then to communicate with the public by informing them about the health risks that can happen if any people suffering from diseases like AIDS. The employees are informed how to take measures in their work place so that they do not get affected from these diseases. The stakeholders should focus on their health and safety risks so that they can save themselves from this danger and what measures they should obtain if they are already determined from this danger (Chassin and Loeb, 2013). B. To obtain the support from the stakeholders during the time of risks the organization should take certain steps like asking the senior officials and the stakeholders to show their participation and commitment towards the organization during risks. To access the risks the technical and the discipline team need to do research so that the risks can be avoided and if the risks are not at all avoided then at least the risks can be reduced and protect the organization from big destruction. Risk management is already included into the business plan when it was made and to overcome those risks meetings are done with the higher officials and then reviews are done on those meetings so that the risk can be reduced (Hundt, Adams, Schmid, Musser, Walker, Wetterneck, and Carayon, 2013).. 5: When the risks are identified in the organization then the stakeholders are called up and also mails are sent by stating them about the risks and ask them what steps need to be done to protect the organization from huge destruction. If the organization is expecting any risks then the stalk holders are told about the type of risks and what impact the risk can make on the organization if those risks take place (Earle, 2012). For identifying the risks the few methods can be used by the organization are- Organization record- The organization documents are reviewed and information are taken about the risks exposures. For this risk auditing can be done like by doing committee meetings, documenting the policies, contracting for the facilities, proposals for sponsorships and asking for resources from the government fund providers. The organizational records helps in dealing the risks if any such type of risks has already occurred and how the organization had dealt with such type of risks (Leufstadius and Eklund, 2014).. Professional Expertise- For professional expertise the organization can ask to any external source for their important views which will help them in identifying the risks. The organization can also ask the internal risk management team for their expert views so they can easily identify the risks and avoid them. (Hubal, de Wet, Du Toit, Firestone, Ruchirawat, van Engelen, and Vickers,2014). Tools and techniques used for listing risk in health care department. Different tools and techniques are used for listing the risk in healthcare department the three main tools and techniques are Patient Monitoring, selection of proper physiologic monitors and clinical competency in all the departments should be done properly. Clinical competency in departments like gastroenterology, colonoscopy, adult echocardiography and other departments present in health care department. The monitoring process of patient can be used to identify and list the different risk which may occur during operation, anesthesia process or any other process which patient has to undergo. Suppose the patient is suffering from heart problem and has been operated few days, the health care department has to monitor patient daily so that they can analyze if any risk occurs (Lorenzi, 2005). By monitoring or examining patient properly health care department can easily list the risk which can occur while operation or after operation. The patient monitoring has to be done by department f rom initial step to last step i.e. after giving anesthesia to patient to after the operation is done. Monitoring is to be done of both patient as well as the medicines or medical device support patient is getting. Clinical competency helps health care department to know about the medical activities involved in patient care process. Every patient has to undergo different care and medical support, so clinical competency helps medical professional to analyze the complete activity which are involved in patient care (Wannisky, 2001). Without clinical competency medical professional cannot analyze the risk which may occur while patient care and operation. Monitoring of medical device or support can help department to know about their risk. 7: Risk matrix used for determining potential impact frequency and likelihood of any above mentioned risk is as The risk matrix is used to analyze the risk likelihood to severity of the risk which may occur in health care department. Risk is measured in low level, medium level and high level (Stahl, 2004). Risk can be in relation to patient, technological support used by healthcare department, medical devices used or pother. If patient is suffering from severe heart problem and for getting their treatment started, they have to wait long this can affect the patient condition as well as the department relation with patients (Malone, n.d.). The medical devices used for treatment in health care department have to be updated and available as per the requirement of patients. If health care department is using obsolescent technology or medical device for treatment of their patients it can increase the chance of risk occurrence while operation or in after care process (Meucci, 2005). Health care department should be available with all the primary and secondary medical facilities. The above shown risk matrix is used to show the risk level which occurs at various levels. Health care department is based on patients; medical service provided by them, risk may occur in any field. Risk matrix shows the level of risk assessment occurred in health care department. 8: Risks Options Most Appropriate Risk 1: Strategic Risk Monitoring, controlling, measurement, taking feedback, etc Constantly solicit the feedback: Solicit feedback of the stakeholders or relevant parties allow the management in understanding the actual risk of the business. Measuring the risk they are able to implement appropriate strategy that will be very much helpful for the business (Card et al., 2012). Risk 2: Financial Risk Familiarization the different types of risk with the business, insure against the specific risk, determination the risk level that associated with the varied investment, allocating asset widely reduce the portfolio of risks Determination the level of risk with the varied of investment: For the business, this option will be the best technique of reducing financial risk because it allow the organization taking the stocks information and provides high rate of return to the business. Apart from that, the develop bond in this option are less risky rather than the stocks of investment into business (Chen et al., 2012). Risk 3: Operational Risk Virtualized the targets risk, Identification of tighten security of management, implement the video device interface, Service oriented architecture In order to manage the operational risk, management of the organization in business sector has to implement the service oriented architecture within their business because it enables the marketers in flexible integration of IT system that increase the agility and visibility of business process as well as provide support (Chol et al., 2012). Risk 4: Compliance Risk Health quality standard, Changes to OHS, environmental protection agency Health quality standard will be the most appropriate option for compliance risk. Increase of health quality standard in business organization can motivate their staffs in better way and mitigate the risk of compliance (Franks, 2013). 9: Action plan for strategic risk management Figure : Action Plan for risk management process (Source: Loeppke et al. 2010, pp-281) Hartmann and Driessen (2013) cited that strategic risk associated directly with the operational process of the organization in business sector. Therefore, organization has to implement the tools and technique of monitoring the stakeholders such SAP ERP that allows them in identifying the preference of stakeholders along with changes. This technology helps in understanding the current requirement of stakeholders including customers (Tworek, 2012). Thus, organization in business sector is able to mitigate the problems of stakeholders and changes their strategy early. Explanation for communicating the risk management process to stakeholders for strategic risk In order to communicate the risk management process to the stakeholders of the company for strategic risk, management staffs of the organization have to involve several process such as formal meeting in each week, brainstorming session, bulletins, newsletter, survey etc. This process will allows the business manager of an particular firm in providing the information via asking the question about the current strategic risk (Irving, Prager and Standley, 2010). Apart from that, Irving, Prager and Standley (2010) argued brainstorming session helps in drawing the shape of risk management process and share the idea of managing strategic risks to the stakeholders. Bulletins allow the company in business organization to provide up to date news to the stakeholders and through the newsletter written the risk management strategy through emails or sending online copy to the stakeholders (Shi, Jaeger and Ye, 2013). 10 Implementation and monitor of action/treatment plan In order to implement and monitor the action plan, as business manager of an organization in business sector need to consider several steps such as rising of awareness, training, monitoring, reporting, etc. Raising awareness: Distributing the information materials with the relevant parties provide basic information of risk management plan. Organizing the events, conferences, etc disseminate the action plan (Leal Filho, 2013). Training: Through training manager can increase the energy of production of the taken action plan. Apart from that, manager of the firm can make consistent the staffs in collecting information via training (Loeppke, Edington and Bg, 2010). Training also allows the relevant parties in recording, monitoring and evaluating action plan the risk management process. Monitoring reporting: This will be the effective method of implementing and monitoring action plan of risk management process (Marquardt and Dunlap, 2012). Performing regular update, conducting periodic review and identifying the necessary of corrective actions, manager can implement successfully the taken action plan of risk management process (MECHCATIE, 2010). Identified process of monitoring or evaluating Tracking system will be the best method of monitoring the risk management plan. There steps has to consider in terms of monitoring or evaluating the risk management action plan. These are Conduct periodic review: It helps in progressing the meeting goals and interims. Identify necessary action: Monitor the performance of the working staffs, conducting formal meeting regularly with the relevant parties, understanding the activities of the stakeholders (Rai et al., 2013). Perform regular updates: In order to monitor the risk management process action plan, manager has to provide regular updates of the stakeholders of current working process (Rohde and Dengse, 2010). References: Card, A., Harrison, H., Ward, J. and Clarkson, P. (2012). Using prospective hazard analysis to assess an active shooter emergency operations plan.Journal of Healthcare Risk Management, 31(3), pp.34-40. Chassin, M. R., and Loeb, J. M. (2013). High Reliability Health Care: Getting There from Here.Milbank Quarterly,91(3), 459-490. Chen, C., Tseng, C., Hsu, W. and Chiang, W. (2012). A novel strategy to determine the insurance and risk control plan for natural disaster risk management.Nat Hazards, 64(2), pp.1391-1403. Chol, C., Guy, C., Jacquet, A., Castot-Villepelet, A., Kreft-Jais, C., Cambazard, F., Beyens, M., Mounier, G., Marsille, F. and Mismetti, P. (2012). Complications of BCG vaccine SSI recent story and risk management plan: the French experience.Pharmacoepidemiol Drug Saf, 22(4), pp.359-364. Earle, T. C. (2012).Trust in Cooperative Risk Management: Uncertainty and Scepticism in the Public Mind. Routledge. Franks, P. (2013).Records and Information Management. Chicago: American Library Association. Hartmann, T. and Driessen, P. (2013). The flood risk management plan: towards spatial water governance.Journal of Flood Risk Management, p.n/a-n/a. Hubal, E. A. C., de Wet, T., Du Toit, L., Firestone, M. P., Ruchirawat, M., van Engelen, J., and Vickers, C. (2014). Identifying important life stages for monitoring and assessing risks from exposures to environmental contaminants: results of a World Health Organization review.Regulatory Toxicology and Pharmacology,69(1), 113-124. Hundt, A. S., Adams, J. A., Schmid, J. A., Musser, L. M., Walker, J. M., Wetterneck, T. B., ... and Carayon, P. (2013). Conducting an efficient proactive risk assessment prior to CPOE implementation in an intensive care unit.International journal of medical informatics,82(1), 25-38. Irving, A., Prager, A. and Standley, C. (2010). A customizable plan for effective claims management.Journal of Healthcare Risk Management, 30(2), pp.11-19. Irving, A., Prager, A. and Standley, C. (2010). A customizable plan for effective claims management.Journal of Healthcare Risk Management, 30(2), pp.11-19. Leal Filho, W. (2013).Climate change and disaster risk management. Heidelberg: Springer. Leufstadius, C., and Eklund, M. (2014). Time use among individuals with persistent mental illness: Identifying risk factors for imbalance in daily activities: Previously published in Scandinavian Journal of Occupational Therapy 2008; 15: 23-33.Scandinavian journal of occupational therapy,21(S1), 53-63. Loeppke, R., Edington, D. and Bg, S. (2010). Impact of the Prevention Plan on Employee Health Risk Reduction.Population Health Management, 13(5), pp.275-284. Lorenzi, N. (2005).Transforming health care through information. New York: Springer. Malone, C. (n.d.).Medical office management. Marquardt, E. and Dunlap, N. (2012). Compensation Risk Assessments: A Process for Active Plan Management and Continuous Improvement.Compensation Benefits Review, 44(1), pp.6-11. MECHCATIE, E. (2010). Risk Management Plan for ESAs Begins This Month.Hospitalist News, 3(3), pp.1-2. Meucci, A. (2005).Risk and asset allocation. Berlin: Springer. Rai, B., Nepal, B., Gunasekaran, A. and Li, Y. (2013). Optimisation of process audit plan for minimising vehicle launch risk using MILP.International Journal of Procurement Management, 6(4), p.379. Rohde, L. and Dengse, C. (2010). Higher Pensions and Less Risk: Innovation at Denmark's ATP Pension Plan.Rotman International Journal of Pension Management, 3(2), pp.22-29. Shi, P., Jaeger, C. and Ye, Q. (2013).Integrated risk governance. Berlin: Springer. Stahl, M. (2004).Encyclopedia of health care management. Thousand Oaks, Calif.: Sage Publications. Tworek, P. (2012). Plan Risk Response as a Stage of Risk Management in Investment Projects in Polish and U.S. Construction - Methods, Research.Annals of the Alexandru Ioan Cuza University - Economics, 59(1). Wannisky, K. (2001).Department of Health and Human Services, Health Care Financing Administration. Washington, DC: U.S. General Accounting Office.