My experiences as an entrepreneur and a citizen. Especially useful for somone planning a new venture.
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Ramblings of a citizen and experiences of an entreuprener
Monday, September 26, 2011
The Cancer Within Industry
Monday, September 12, 2011
The Reluctant Entrepreneur : Growth
The Reluctant Entrepreneur: When to Launch
Greed, the essence of any financial product sale
TAXIS TAXIS More on Taxis
Sunday, July 24, 2011
Forget corruption go after fraud
As published in Oheraldo on 25th July 2011
Recently in an interview to Heraldo, our beloved Chief Minister said that corruption is everywhere, the tone seemed to suggest that it is a way of life and nothing could be done about it. Therefore saying that GIDC is corrupt and Alexyz famous cartoon “GID Cor(rupt)poration” should be ignored. Why single out one entity.
The problem with corruption is by nature it is secretive. The giver and receiver would like to keep the transaction under wraps. One major reason is that under the current laws, if detected both parties are liable to punishment. The other reason is that usually the consideration for favours granted is CASH which is very difficult to prove. Speaking at a function, Mr Narayan Murthy suggested making bribe giving legal, he feels that this way the giver can subsequently complain without falling into trouble as accepting bribes would still be illegal.
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The Indian Penal Code defines fraudulent actions under Sec 25. “A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise”
Elements of fraud: Common law fraud has nine elements:
1) a representation of an existing fact;
2) its materiality;
3) its falsity;
4) the some GIDC employee’s knowledge of its falsity;
5) the some GIDC employee’s intent that it shall be acted upon by the GIDC;
6) GIDC’s ignorance of its falsity;
7) GIDC’s reliance on the truth of the representation;
8) GIDC’s right to rely upon it; and
9) consequent damages suffered by GIDC.
Even if we consider just the 35000 sq mts involved in the SK Desai/Mehul Developers Pvt Ltd/ Watson case, all the above elements are applicable. This case represents not just one fraudulent act but a series of acts. There are many other similar cases.
The other sections under the Indian Penal Code which are breached are
IPC: Section 168. Public servant unlawfully engaging in trade
The punishment for this is jail or fine or both. GIDC officials are public servants as the order to suspend one official was issued under Central Civil Services (Classification, Control & Appeal) Rules 1965. They sure do not act like that.
IPC: Section 169. Public servant unlawfully buying or bidding for property
This covers buying or bidding in the name of another and punishment includes jail, fine and confiscation of property.
The Government of Goa responded to calls for action into the affairs of GIDC by appointing a TASK FORCE to study unutilised or under utilized lands. This was mainly because the fraudsters were holding lands to transfer to parties willing to pay the unofficial premium upto Rs 3000/- per square meter.
The MD of GIDC replied to a report of a joint committee of the task force with a document wherein he has misrepresented the facts atleast in the case of Mehul Developers. While he maintains in Feb 11, that Mehul developers was under construction ( TF report is unutilized), a reply tabled in the Goa State Assembly in Mar 11, states that the Mehul plot was transferred in Nov 10.
Under the Indian Penal code "Misrepresentation" is also an offence, and I am sure that under the “Conduct of Service” rules which govern government employees there is a breach. Lying to a public committee in writing should have its penalties, the least of which should be sacking.
Friday, July 15, 2011
The reluctant Entreuprener: Do we need a Business Plan?
A business plan in the old days was also called project report. Today with venture capital funding jargon like business plan and elevator pitch have made an appearance. However the basics of industrial /project security remain the same.
Recently GCCI had a business plan competition. Being old fashioned I would worry about participating in such a competition. Imagine not only your competitors but also potential copy cats would be lurking in the audience. I heard a few and all could be copied by anyone. There was no technology at the heart of the project to prevent the idea from being copied.
An elevator pitch makes sense to me.
Let me give you an example of how dangerous it is to have actual business plans floating around. Years ago, I applied to EDC for a term loan to finance my project. EDC officials had a preference for Boroplast another rotomoulder who also wanted to manufacture water tanks. While we wanted Rs 30 lacs, Boroplast wanted Rs 1.3 crores.
My application kept getting delayed for one reason or the other. One day the dealing hand asked me for a market study. A market study can be considered a sub set of a project report or business plan. In my opinion it is the heart of any business plan.
Making a market study was child’s play using a laptop and an excel spread sheet. I did it over the weekend. Ofcourse, I was sure that if any one used my market study to start a rotomoulding water tank manufacturing facility he would be surely lost. None of my actual thoughts were reflected in this document. My fears were proved right, I saw the dealing hand take my market study out of the EDC office. When I asked him, he said he was studying the same at home. Hehe I thought to myself he fell for it. Ultimately EDC funded Boroplast who closed in six months without paying back the money borrowed, if I am not mistaken till date. We were financed by MFSC and not only are we still around 16 years later, we have a no default track record. No prizes for guessing why EDC ends up with OTS (one time settlement) cases.
The point I am making is, every entrepreneur should be careful with his business plans. A genuine business plan should not be distributed like a free gift. Before handing over a copy to a potential investor, an entrepreneur should spend some time studying the track record of the investor. One alternative is to give a synopsis of the business plan to a potential investor, this should have numbers if any which are masked. By masked I mean if sales is say 100 in first year, then in year two, 130 would represent 30% increase. Similarly expenses could be 60 in first year (ie 60 % of sales) and 58% in the second year. These numbers reflect the real situation but do not give too much away. Also avoid spelling out strategies or details of what is the Distinctive Competitive Advantage (DCA) of your approach.
The same approach can be used for submitting your project report to a nationalized bank for funding. You never know who will read your report.
A word of caution for would be entrepreneurs, do not let the decoy business plan fool you. You must be sure that you have a reasonably good idea that will work. Do not tweak the numbers just to make profits on paper, with excel spreadsheet this is a no brainer. At the end of the day if your idea does not make money you will lose first.
In summary, while you will meet many who will either try and help or take advantage of your situation. The key is to remember that you are on your own and you must watch out for pits falls or traps, no one else will.