Posts Tagged ‘USA’

How to Toe the Line and Help Foot the Bill for Safety Costs

Economising on safety costs is something few would argue with either. So, here’s a safety shoe alternative you should know about.

Rubber overshoe safety toe caps – ‘ shoes with toes’ – are getting more attention, for more reasons than simply cost-effectiveness. And not just because of the ever increasing numbers of temporary workers employed in this country. It’s the ever increasing cost of providing fully-loaded temporary safety shoes that’s bringing the whole matter of toe protection to the attention of senior management. The recent challenge by the United States Postal Service and OSHA’s ruling attests to that. Anywhere a safety shoe alternative exists, that sits all right with OSHA in the USA or CCOHS in Canada, it’s a win-win situation.

There’s not a thing wrong with generally accepted safety toe cap footwear, but all too often it seems the expensive choice is selected out of fear or a lack of understanding. Although it’s true to say safety shoe policies in manufacturing have embraced rubber pull on safety toe cap products for visitors they have been ‘missing in action’ elsewhere. I know of one particular food processing plant that refuses to use a ‘”better than those yellow clacker things” solution, but tolerates gunk that might be introduced to the production floor on the soles of visitors’ shoes. Their thinking is they had better address the greasy floors than more effectively provide toe protection. Some might argue the greasy floor is a hazard that should not be tolerated.

All employers are subject to statutory requirements and minimum standards that reflect our desire to protect workers. It is up to the employer to implement safety rules and regulations but bodies such as OSHA allows significant latitude in doing so, provided choices are reasonable and done responsibly. Careful attention is required as errors in judgement, as with willful neglect, will be punished under the law. Unfortunately, the tendency in a fear and compliance atmosphere is to avoid failure rather than attempt success. Compliance is commendable but can instill fear. That can stifle creativity which can result in unnecessarily high costs.

Take the whole matter of safety footwear. Company safety policies that lack creativity can result in over-spending far in excess of the typical fine for a safety transgression. It’s a bit like this; we know there’s always the possibility of rain but do we need to wear a raincoat every day? Or, would a small umbrella, costing a lot less than a raincoat, do the job just as well? Throw in the ability to offer others shelter if the need arises and you get the idea.

An employer is required to provide personal protective equipment where the risk assessment indicates as much. Risk assessment is the cornerstone of industrial safety and statutory bodies require employers to undertake one to determine what hazards can reasonably be expected in any particular working environment. There is always the chance of accident but risk assessments are not expected to be clairvoyant. They are expected to review routine operations and recommend the proper Personal Protective Equipment. (The employer is also expected to pay for it.) Risk assessments are expected to be ‘reasonable’ and the onus is on OSHA to prove otherwise.

There are two important things to remember. Firstly, it is the employer who decides how best to comply with the law. Secondly, organizations like OSHA do not mandate any particular piece of equipment to be used.

In the case of foot safety, OSHA’s occupational foot protection standard is 29 CFR 1910.136. This requires the use of protective footwear when employees are working in areas where there is a danger of foot injuries due to falling or rolling objects. Once that hazard has been determined, OSHA does not recommend, or approve of, any particular safety footwear. According to OSHA in a recent letter to the United States Postal Service, an employer may comply with the criteria set forth in ANSI Z41-1991, replaced by the American Society for Testing and Materials (ASTM) F2412-05 and ASTM F2413-05, or the employer may opt to demonstrate that other criteria are equally effective. If the employer pursues the second option, then compliance with the consensus standards is not mandatory. This means, the burden lies on the employer to demonstrate that the footwear provided is equally as protective as the footwear that meet the ASTM F2412-05 and the ASTM F2413-05 standards.

In another fairly recent ruling, OSHA declined to comment on the suitability of the now ubiquitous ‘Croc’ clogs. It said, in situations where no hazard exists, the matter of appropriate footwear at work is between the employer and employee. This principle was reiterated when OSHA was asked to comment on rubber over-shoes. OSHA was firm in stating that it does not find rubber overshoes acceptable where they provide no toe protection. However, provided they can demonstrate that they meet minimum standards they are acceptable.

What then would be “acceptable foot protection” where there is a chance of toe injury? The first choice of many employers is ASTM or CSA tagged safety shoes or boots – the so called “approved” footwear we hear so much about in advertising. For sure, a fully loaded safety shoe or boot will provide more than enough legal defence in the event of a challenge from OSHA. What is also true is that such a policy comes at a very high cost. Not every employee requires safety toecap, steel-soled, electricity dissipative footwear. For many work situations only toe protection from falling or rolling heavy objects is required. Is it wise then to incur the full cost of a safety shoe or boot?

For example, an office worker visiting a loading dock to pick up documents will not perform any manufacturing duties while en route. This might imply that the PPE provided to the workers may not be necessary for the office worker. However, since the office worker might be exposed to falling objects, or in close proximity to heavy moving equipment, it would be reasonable to foresee only the need for toe protection against impact and compression.

In another situation a risk assessment for the production area might indicate the need for slip resistant footwear and toe protection. However, it is also reasonable to expect that a visiting office worker might not encounter slippery conditions. Furthermore, such conditions are not supposed to persist and it might be reasonable to expect the office worker to take reasonable evasive action to avoid the risk should it occur.

The danger from sharp objects underfoot requires steel sole protective footwear but where no such risk is anticipated toe protection may be all that is required. A good example would be the paper-making and the newspaper print production industry, where there is little chance of sharp objects but always a chance of rolling stock or heavy moving equipment that can injure toes. Having steel sole shoes or boots that can dissipate electrical shock is just over-kill and costly.

Rubber safetytoe overshoes provide the same protection from impact and compression as safety shoes and boots. The steel toecap meets the same ASTM standards and can easily be verified by test results from the major testing bodies. This is what makes OSHA happy. Rubber has been used for a long time in the safety footwear industry and its slip resistance qualities are well known. The rubber material is flexible but sturdy, in some cases as thick as 6mm resulting in a firm fit and some long wearing characteristics. Rubber safetytoe overshoes are a lot less expensive than safety shoes or boots and they eliminate the hazard of passing along unsanitary footwear. They are especially useful where only occasional toe protection is required, such as with visitors to production facilities, temporary workers and for medical reasons.

Safety personnel looking for budget savings, as in today’s economy, would be well advised to consider them for these reasons and more.

Patrick Smyth aka Mister Safetytoes

Posted by Mister Safetytoes

Patrick Smyth is CEO of Safetytoes International Inc., makers of the ?Slipp-R? brand of safetytoe overshoes. 1-800-441-5481. info@safetytoes.com

The First Big Hitter in Genetic Development: Androgens

Make no mistake; nothing else mentioned in this book will help you grow like androgens, as they are the basic building block for increasing muscle size and strength. All other things only serve to enhance androgens. So whether you use a natural testosterone booster or a pro-hormone or real juice, you need the basics to build your genetic house. Androgens have been shown to create new muscle growth in multiple ways, both by increasing protein synthesis (filling up your muscle balloons) and increasing the differentiation of satellite cells (making more muscle balloons). That makes them the ultimate starting point for a genetic anabolic cocktail.

What are androgens? Quite simply they are testosterone and its derivatives, both legal and illegal. Guess when your body produces the most testosterone? You got it, puberty! That’s why you can gain mad muscle cells if you simply work out and eat right when you are in high school. Eating right is important because your body isn’t going to make new muscle cells if it doesn’t have the protein to fill up the ones it already has (which is why so many high school students work out without results). Growing muscle during puberty happens in the kitchen, not just the gym, but that is another book.

Androgens are the most potent muscle builders you can take. Luckily with our products you get the best of both worlds, increased androgen production without the negative side effects that SCARE the hell out of most people. You can start small and use something like Formadrol Extreme or you can jump up to our prohormones (Liquid Masterdrol and Methyl 1-D) or you can go the illegal route and hit juice (we don’t recommend this by the way). People doing our Trifecta Stack are routinely hitting 8-12lbs of muscle in a month without losing their gains. If you juice, you can probably increase that to 15-17lbs but when you grow that quickly, you rarely keep your gains. Slow, steady gains might not feel as exciting, but they are the way to build a body, not an ego! The combination of Stanolone (Liquid Masterdrol) plus Testosterone (Methyl 1-D) is a very powerful combination and gives you the ULTIMATE in safety and also gives REAL gains that you would see from a SANE steroid cycle, without the negatives!

So, how do you get a spike in androgens? Many ways… The first way is to use an herbal product that typically will trick your body into increasing output of Luteinizing Hormone. These were made popular with products like Tribulus

and have come a long way with the advent of newer ingredients like Long Jack and others out on the market. Some of them, like Horny Goat Weed only

serve to boost sex drive and have not been shown to enhance testosterone production.

Another way is to use a natural testosterone booster like LG Sciences Formadrol Extreme, which tricks your body into producing more testosterone by blocking estrogen in the body. This can give you levels above even the very highest natural range (a normal man ranges from 250 ng/dl of testosterone to 900 ng/dl). Formadrol Extreme and similar products trick your body into producing more testosterone and can be very useful as a natural anabolic booster, getting your testosterone levels into the 1400ng/dl range. It is also great for Post Cycle Therapy after a steroid or pro-hormone cycle. They are also useful in combating gynecomastia, commonly called “bitch tits”.

The third way to boost your androgen levels is the use of pro-hormones. First made popular by “Andro”, pro-hormones use the basic building blocks of testosterone to force your body into producing more testosterone through the action of enzymes. The first generation of testosterone boosters, like Andro, had tons of side effects and didn’t work very well. Newer pro-hormones like 1-AD were better, but were still not up to the full value of a steroid cycle. The latest crop of pro-hormones, like Methyl-1-D and Liquid Masterdrol by LG Sciences, reduce the side effects, prolong the half-life in the body and reduce conversion to unwanted, side effect producing by-products like Estrogen. The use of pro-hormones can give you testosterone levels that rival even the strongest steroids, raising your testosterone levels to 3000-3500 ng/dl if used properly.

Methyl-1-D from LG Sciences is a pro-hormone that is formulated to reduce side effects, provide maximum safety and give you AMAZING results. It’s the real basis for our genetics-changing stack. For a more advanced stack, use Liquid-Masterdrol along with Methyl-1-D for the best possible combination of prohormones that hit both the more androgenic (Liquid Masterdrol) and more anabolic (Methyl 1-D) aspects of growth.

The fourth way to boost androgen levels is to use artificial illegal steroids to boost your testosterone levels above even the highest legal levels that pro-hormones can give. I am not here to make a value statement about steroids, but I am just pointing out the option to anyone that is in a foreign country that allows steroid use or is using androgens with a doctor’s prescription.

We highly suggest that you do not use illegal anabolic steroids for obvious reasons and we hope that you respect the law and your body by using natural substances that are safer alternatives. If you do use steroids however, we recommend that you do so safely, cycling off them for at least a month at a time, taking supplements like Fish Oil to cleanse your liver and reduce the chance of cardiovascular side effects. Now, that being said, steroids are obviously not that dangerous, since prescription compounds, such as Testosterone Gel, are being pushed as the next great development (never mind that the Testosterone Gels on the market are loaded with side effects including conversion to DHT which

aggravates the prostate and estrogen that can promote breast cancer, even in men). Once the root of all evil, steroids are suddenly completely safe and side effect free when turned into a prescription drug. Wake up people! Again, we don’t encourage you to use steroids, but if you do, please consider doing them safely (there is a section at the end of good supplements to take with steroids that will offer some nice protection from their side effects).

So, if you are going to do a cycle of steroids, this is the perfect time to add in some serious genetic expression supplements to maximize your growth. One of the funniest things I see is the juice crowd bashing the supplement crowd, when in reality someone on a cycle will probably benefit the most from proper supplementation.

Studies show that androgens do indeed cause genetic changes that can benefit powerlifters and bodybuilders.

Here you see how increasing testosterone through natural boosting, pro-hormones or illegal anabolic steroids can vastly increase satellite muscle cell expression. This is the first real pathway that the body uses to increase muscle size and the number of muscle cells. By increasing the raw number of satellite cells, testosterone is the foundation of our genetic altering arsenal.

Skeletal muscle morphology in power-lifters with and without anabolic steroids.

Eriksson A, Kadi F, Malm C, Thornell LE.

Department of Integrative Medical Biology, Section for Anatomy, Umea

University, 901 87 Umea, Sweden.

The morphological appearance of the vastus lateralis (VL) muscle from high-level power-lifters on long-term anabolic steroid supplementation (PAS) and power-lifters never taking anabolic steroids (P) was compared. The effects of long- and short-term supplementation were compared. Enzyme-immunohistochemical investigations were performed to assess muscle fiber type composition, fiber area, and number of myonuclei per fiber, internal myonuclei, myonuclear domains and proportion of satellite cells. The PAS group had larger type I, IIA, IIAB and IIC fiber areas (p<0.05). The number of myonuclei/fiber and the proportion of central nuclei were significantly higher in the PAS group (p or = 5 myonuclei. The results of AS on VL morphology in this study were similar to previously reported short-term effects of AS on VL. The initial effects from AS appear to be maintained for several years.

Androgen receptor in human skeletal muscle and cultured muscle satellite cells: up-regulation by androgen treatment.

Sinha-Hikim I, Taylor WE, Gonzalez-Cadavid NF, Zheng W, Bhasin S.

Division of Endocrinology, Metabolism, and Molecular Medicine, Charles R. Drew University of Medicine and Science, Los Angeles, California 90059, USA.

Androgens stimulate myogenesis, but we do not know what cell types within human skeletal muscle express the androgen receptor (AR) protein and are the target of androgen action. Because testosterone promotes the commitment of pluripotent, mesenchymal cells into myogenic lineage, we hypothesized that AR would be expressed in mesenchymal precursor cells in the skeletal muscle. AR expression was evaluated by immunohistochemical staining, confocal immunofluorescence, and immunoelectron microscopy in sections of vastus

lateralis from healthy men before and after treatment with a supraphysiological dose of testosterone enanthate. Satellite cell cultures from human skeletal muscle were also tested for AR expression. AR protein was expressed predominantly in satellite cells, identified by their location outside sarcolemma and inside basal lamina, and by CD34 and C-met staining. Many myonuclei in muscle fibers also demonstrated AR immunostaining. Additionally, CD34+ stem cells in the interstitium, fibroblasts, and mast cells expressed AR immunoreactivity. AR expression was also observed in vascular endothelial and smooth muscle cells. Immunoelectron microscopy revealed aggregation of immunogold particles in nucleoli of satellite cells and myonuclei; testosterone treatment increased nucleolar AR density. In enriched cultures of human satellite cells, more than 95% of cells stained for CD34 and C-met, confirming their identity as satellite cells, and expressed AR protein. AR mRNA and protein expression in satellite cell cultures was confirmed by RT-PCR, reverse transcription and real-time PCR, sequencing of RT-PCR product, and Western blot analysis. Incubation of satellite cell cultures with supraphysiological testosterone and dihydrotestosterone concentrations (100 nm testosterone and 30 nm dihydrotestosterone) modestly increased AR protein levels. We conclude that AR is expressed in several cell types in human skeletal muscle, including satellite cells, fibroblasts, CD34+ precursor cells, vascular endothelial, smooth muscle cells, and mast cells. Satellite cells are the predominant site of AR expression. These observations support the hypothesis that androgens increase muscle mass in part by acting on several cell types to regulate the differentiation of mesenchymal precursor cells in the skeletal muscle.

That being said, we can safely increase testosterone using supplements and don’t need illegal anabolic steroids! Pro-hormones boost natural testosterone by giving you the building blocks for testosterone and other steroid hormones. Pro-hormones are the safest, most effective way to boost testosterone without using drugs. The second way is to use natural testosterone boosters. There are many on the market, like tribulus, long jack and others. The best combination is an anti-estrogen that tricks your body into producing more testosterone. There are many of these products on the market, but the latest generations are far more effective and have fewer or no negative effects on the body. Here is what some peer reviewed journal entries say about using testosterone to activate satellite cells:

Testosterone-induced muscle hypertrophy is associated with an increase in satellite cell number in healthy,young men.

Sinha-Hikim I, Roth SM, Lee MI, Bhasin S.

Division of Endocrinology, Metabolism, and Molecular Medicine, Charles R. Drew University of Medicine and Science, Los Angeles, California 90059, USA.

Testosterone (T) supplementation in men induces muscle fiber hypertrophy. We hypothesized that T-induced increase in muscle fiber size is associated with a dose-dependent increase in satellite cell number. We quantitated satellite cell and myonuclear number by using direct counting and spatial orientation methods in biopsies of vastus lateralis obtained at baseline and after 20 wk of treatment with a gonadotropin-releasing hormone agonist and a 125-, 300-, or 600-mg weekly dose of T enanthate. T administration was associated with a significant increase in myonuclear number in men receiving 300- and 600-mg doses. The posttreatment percent satellite cell number, obtained by direct counting, differed significantly among the three groups (ANCOVA P < 0.000001); the mean posttreatment values (5.0 and 15.0%) in men treated with 300- and 600-mg doses were greater than baseline (2.5 and 2.5%, respectively, P < 0.05 vs. baseline). The absolute satellite cell number measured by spatial orientation at 20 wk (1.5 and 4.0/mm) was significantly greater than baseline (0.3 and 0.6/mm) in men receiving the 300- and 600-mg doses (P < 0.05). The change in percent satellite cell number correlated with changes in total (r = 0.548) and free T concentrations (r = 0.468). Satellite cell and mitochondrial areas were significantly higher and the nuclear-to-cytoplasmic ratio lower after treatment with 300- and 600-mg doses. We conclude that T-induced muscle fiber hypertrophy is associated with an increase in satellite cell number, a proportionate increase in myonuclear number, and changes in satellite cell ultrastructure.

Androgen regulation of satellite cell function.

Chen Y, Zajac JD, MacLean HE.

Department of Medicine, University of Melbourne, Austin Health, Heidelberg, Victoria 3084, Australia.

Androgen treatment can enhance the size and strength of muscle. However, the mechanisms of androgen action in skeletal muscle are poorly understood. This review discusses potential mechanisms by which androgens regulate satellite cell activation and function. Studies have demonstrated that androgen administration increases satellite cell numbers in animals and humans in a dose-dependent manner. Moreover, androgens increase androgen receptor levels in satellite cells. In vitro, the results are contradictory as to whether androgens regulate satellite cell proliferation or differentiation. IGF-I is one major target of androgen action in satellite cells. In addition, the possibility of non-genomic actions of androgens on satellite cells is discussed. In summary, this review focuses on exploring potential mechanisms through which androgens regulate satellite cells, by analyzing developments from research in this area.

Androgen receptor in human skeletal muscle and cultured muscle satellite cells: up-regulation by androgen treatment.

Sinha-Hikim I, Taylor WE, Gonzalez-Cadavid NF, Zheng W, Bhasin S.

Division of Endocrinology, Metabolism, and Molecular Medicine, Charles R. Drew University of Medicine and Science, Los Angeles, California 90059, USA.

Androgens stimulate myogenesis, but we do not know what cell types within human skeletal muscle express the androgen receptor (AR) protein and are the target of androgen action. Because testosterone promotes the commitment of pluripotent, mesenchymal cells into myogenic lineage, we hypothesized that AR would be expressed in mesenchymal precursor cells in the skeletal muscle. AR expression was evaluated by immunohistochemical staining, confocal immunofluorescence, and immunoelectron microscopy in sections of vastus lateralis from healthy men before and after treatment with a supraphysiological dose of testosterone enanthate. Satellite cell cultures from human skeletal muscle were also tested for AR expression. AR protein was expressed predominantly in satellite cells, identified by their location outside sarcolemma and inside basal lamina, and by CD34 and C-met staining. Many myonuclei in muscle fibers also demonstrated AR immunostaining. Additionally, CD34+ stem cells in the interstitium, fibroblasts, and mast cells expressed AR immunoreactivity. AR expression was also observed in vascular endothelial and smooth muscle cells. Immunoelectron microscopy revealed aggregation of immunogold particles in nucleoli of satellite cells and myonuclei; testosterone treatment increased nucleolar AR density. In enriched cultures of human satellite cells, more than 95% of cells stained for CD34 and C-met, confirming their identity as satellite cells, and expressed AR protein. AR mRNA and protein expression in satellite cell cultures was confirmed by RT-PCR, reverse transcription and real-time PCR, sequencing of RT-PCR product, and Western blot analysis. Incubation of satellite cell cultures with supraphysiological testosterone and dihydrotestosterone concentrations (100 nm testosterone and 30 nm dihydrotestosterone) modestly increased AR protein levels. We conclude that AR is expressed in several cell types in human skeletal muscle, including satellite cells, fibroblasts, CD34+ precursor cells, vascular endothelial, smooth muscle cells, and mast cells. Satellite cells are the predominant site of AR expression. These observations support the hypothesis that androgens increase muscle mass in part by acting on several cell types to regulate the differentiation of mesenchymal precursor cells in the skeletal muscle.

Testosterone action on skeletal muscle.

Herbst KL, Bhasin S.

UCLA School of Medicine, Charles R. Drew University, Los Angeles, California 90059, USA.

PURPOSE OF REVIEW: To highlight recent data demonstrating direct anabolic effects of androgens on the mammalian skeletal muscle and review the mechanisms by which testosterone regulates body composition. RECENT FINDINGS: Testosterone increases lean body mass and decreases fat mass in young men; the magnitude of the changes induced by testosterone in lean and fat mass are correlated with testosterone dose and the prevalent testosterone concentrations. Older men are as responsive to the anabolic effects of testosterone on the muscle as young men, but have increased frequency of adverse events with higher testosterone doses. This reciprocal change in lean and fat mass induced by androgens is best explained by the hypothesis that androgens promote the commitment of mesenchymal pluripotent cells into myogenic lineage and inhibit adipogenesis through an androgen receptor mediated pathway. Resident muscle satellite cells increase in number with testosterone administration forming myoblasts leading to greater numbers of myonuclei in larger myofibers. Testosterone administration is associated with increased size of motor neurons. The roles of 5-alpha reduction and aromatization of testosterone into dihydrotestosterone and estradiol, respectively, in mediating testosterone effects on body composition are poorly understood. SUMMARY: Testosterone induces skeletal muscle hypertrophy by multiple mechanisms, including its effects in modulating the commitment of pluripotent mesenchymal cells. These changes in skeletal muscle lead to improved muscle strength and leg power; however, further studies are needed to determine the effects of testosterone on physical function and health-related outcomes in sarcopenia associated with aging and chronic illness.

Here you see how increasing testosterone through natural boosting, pro-hormones or illegal anabolic steroids can vastly increase satellite muscle cell expression. This is the first real pathway that the body uses to increase muscle size and the number of muscle cells. By increasing the raw number of satellite cells, testosterone is the foundation of our genetic altering arsenal.

Eric D. Marchewitz, is one of the leading supplement experts in the country, his articles online are taken from his best selling book ” Supplements For Genetic Growth ” which explains how you can increase the number of muscle cells in your body using supplement stacks available at any health food store. This book will demonstrate how the body will try and resist your efforts to grow insane muscles and how, as you age, the ability to create new muscle cells decline so make those cells now! The book is backed by science! This is the most amazing break through in supplement history! The book is available from the LG Sciences website www.lgsciences.com

Chace Crawford is My Cowboy.


Crawford was born in Lubbock, Texas, and raised in Plano, Texas. His father, Chris, is a dermatologist, and his mother, Dana, is a teacher. He also has a younger sister, Candice Crawford, who was Miss Missouri USA 2008. He lived in Bloomington, Minnesota, for four years. After high school, he moved to Malibu, California, to attend Pepperdine University, where he studied broadcast journalism. He struggled to identify a career path, vacillating among advertising, business, and communications majors. Midway through his second year, Crawford’s mother encouraged him to pursue acting, calling it “a practical move” based on a career aptitude test he had taken in high school which revealed that he was best suited for a career in the performing arts. He was signed by the first talent agent that interviewed him. He’s best known for his role as Nate Archibald in Gossip Girl on The CW. SONG: My Cowboy- Jessie James. I DO NOT OWN THIS SONG. Mercury Records own all rights.

Hottest Work From Home Franchise Business Opportunities You Didn’t Know About

Searching for a new and unique home business opportunity? There’s plenty of options out there, but it can be pretty easy to get lost in the sea of business after business without really finding the home based business that will set you apart and bring you the excitement and fulfillment of doing something truly different. To that end, we’re going to take a look at some of the most unique business opportunities that tend to operate off the beaten path and although one might think that mainstream business = mainstream profits, think again. Consider that in many small businesses, a good niche market business will often outperform some of the more common small businesses due to their lack of competition and the preponderance of new and repeat business. If you’re ready to find a new and truly unique franchise, take a look at just a few of the Hottest work from home Franchise Business Opportunities You Didn’t Know About.

Click Here To Access My Tried and Tested Methods of Making Cash Online.

Got Mold?
Well, hopefully the answer is no, but mold has quickly become a huge problem in the US with millions of homes being affected and the mold assessment and cleanup industry growing to a multi-billion dollar market. Many Americans affected by the problem don’t even realize that they have mold in their homes, but they are sick more often and symptoms mimic the reaction to severe allergies escalating to a condition similar to pneumonia. 1-800-GOT-MOLD? Is leading the charge to help diagnose America’s mold problem and along the way, making a pretty penny as they are one of the only mold assessment franchises in this multi-billion dollar but largely untapped market. Their combination of high-tech mold detecting tools and specially trained Labrador retrievers make this franchise appealing to pet lovers and technology lovers alike. Customers can trust 1-800-GOT-MOLD? because they are an unbiased authority on detection of mold. Since they don’t do the actual mold cleanup and remediation, the mold assessment report will be fair, unbiased and ultimately very helpful to the homeowner. If you want to clean up financially as well as help clean up people’s homes and give them healthier, longer lives, consider a franchise with 1-800-GOT-MOLD?

Drive Hammered, Get Nailed
Ever been out at a bar with a few friends, enjoying a drink or two and some conversation and then wonder, “Am I OK to drive?” Many times, you can be over the limit legally without necessarily feeling impaired and to make matters worse, the more you drink the more your judgment can be clouded allowing you to make the decision that you’re ok to drive, when you may not be. Breath Testers USA USA is the sole distributer of a great new product that can help a patron to diagnose their BAC (blood/alcohol content) as well as help the bar or restaurant owner by generating more business. Breath Testers’ machine uses the newest, most effective technology to detect BAC and like many other vending or kiosk franchise opportunities, with a Breath Testers franchise you’ll be able to work from home, set your own schedule and decide whether to work part time and generate some additional cash flow, or work full time, setting up dozens of machines and generate some serious revenue. As a Breath Testers USA franchisee, you’ll contact bars and restaurants to arrange for your machine locations and since there’s no restocking or servicing required, just place the machine in the establishment and collect the funds. This is a fairly untapped industry in America, but with the way this type of machine has caught on in European countries and Canada, BAC testing machines are sure to become a huge industry here in the next few years so take the opportunity to get in on the ground floor.

Real Estate At 900mhz
If you’ve ever bought a house, you no doubt know the frustration of driving buy a great looking house with a for sale sign, checking for more information and discovering that they’re out of flyers and you will have to come back another time or call the realtor if you want any real information about the house. PreQuence is out to change this dilemma and their innovative method is helping realtors sell more homes, helping buyers get the information they need and helping their franchisees make some serious income in this uniquely new market. PreQuence’s core service involves sending listing information and color photos of homes directly to the buyer’s cell phone. A small sign is placed in the home’s yard or attached to the for sale sign indicating a number that the buyer can send a SMS text message to in order to obtain instant info. The information and pictures are sent immediately to the buyer’s cell phone providing a green alternative to printed flyers and an instant way to receive photos and info about the home without even having to leave the car.

B-I-N-G-O
Several billion dollars are spent each year in this country on advertising. Ad dollars are what keep radios and televisions broadcasting and can serve to inform you of a new product or event, and while established forms of print and broadcast advertising have been around for years, there are still a few niche markets of advertising that can make a substantial amount of money while allowing you to work at home. One of the most unique and truly innovative advertising franchises: Bingo Lingo. Bingo Lingo publishes bingo programs primarily for charitable organizations and has developed a sterling track record and reputation in this 20-year old industry. They’ve developed a proven method to achieve financial success through bingo program advertising while contributing to the community all from the comfort of your own home. If you’re apprehensive about heading into this fairly unknown field, don’t worry because Bingo Lingo provides an excellent training course designed to teach you all the ins and outs of the field, build management skills and help you get your franchise up and running even if you have no previous experience in advertising (or bingo).

These niche market businesses can seem a little intimidating since they tend to blaze their own trails, but if one of these unique franchise opportunities catches your eye, consider that with a niche market business you’ll most likely be the only game in town, earning you repeat business and customer loyalty should a similar business pop up a few years down the road. You’ll also receive all the training you need from the franchisor to teach you the overarching ideas and the minute details associated with these unique businesses. Most importantly, you’ll be surrounded by a supportive team who’ll provide answers to any questions you man have and will continue to support you and your new small business as you continue to grow.

I am annoyed at how much work from scams are out there which is why i have taken it upon myself to compile Top Ten Methods of Making Money From Home that worked for me and give this away free on my blog to readers. So before you go buying that $49.97 ebook see the methods i give you free of charge. Click Here To Access My Tried and Tested Methods of Making Cash Online.

CLOUD NINE AND DIRT BELOW

The most striking fact about India’s legal system is the difference between investor protection provided by the law as opposed to protection in practice. Table 2.1 compares India’s scores relative to different legal-origin country groups examined in the law and finance literature (by LLSV and others), and other emerging markets along several dimensions of law and institutions. As discussed above, with the English common-law system, India has strong protection of investors on paper. For example, the scores on both creditor rights (with a score of 4/4 in LLSV (1998), based on the Company’s Act of 1956, to 2/4 in DMS (2005), based on the Sick Industrial Companies Act of 1985) and shareholder rights (5/6) are the highest of any country in the world.

Corruption is a major systemic-problem in many developing countries and is of particular importance for India. Studies by the World Bank (World Development Report 2005) have found that corruption was the number one constraint for firms in South Asia and that the two most corrupt public institutions identified by the respondents in India (as well as in most countries in South Asia) were the police and the judiciary. Based on Transparency International’s Corruption Perception Index, India has a score of 2.9 out of 10 in 2005 (a higher score means less corruption), which ranked 88 out of 140 countries (with the range being 1.5 to 9.7), and the ranking relative to other countries has not improved much over the past ten years.

Next, we have two measures for the quality of accounting systems. The disclosure requirements index (from 0 to 1, higher score means more disclosure; LLS 2006) measures the extent to which listed firms have to disclose their ownership structure, business operations and corporate governance mechanisms to legal authorities and the public. India’s score of 0.92 is higher than the averages of all LLSV subgroups of countries, including the English origin countries, suggesting that Indian firms must disclose a large amount of information. However, this does not imply the quality of disclosure is also good. In terms of the degree of earnings management (higher score means more earnings management; Leuz, Nanda, and Wysocki 2003), India’s score is much higher than the average of English origin countries, and is only lower than the German origin countries, suggesting that investors have a difficult time in evaluating Indian companies based on publicly available reports. It seems that while Indian companies produce copious amounts of data, form triumphs over substance in disclosure and with an accounting system that allows considerable flexibility, there is enough room for companies to hide or disguise the truth.

The efficiency and effectiveness of the legal system is of primary importance for contract enforcement, and we have two measures. First, according to the legal formalism (DLLS 2003) index, India has a higher formalism index than the average of English origin countries, and is only lower than that of the French origin countries. The legality index, a composite measure of the effectiveness of a country’s legal institutions, is based on the weighted average of five categories of the quality of legal institutions and government in the country (Berkowitz, Pistor, and Richard 2003). Consistent with other measures, India’s score is lower than the averages of all the subgroups of LLSV countries, suggesting that India’s legal institutions are less effective than those of many countries, and that it will be more difficult; for India to adopt and enforce new legal rules and regulations than other countries.

Finally, as for the business environment in India, a recent World Bank survey
found that, among the top ten obstacles to Indian businesses, the three which the firms
surveyed considered to be a “major” or “very severe” obstacle and exceeding the world average are corruption (the most important problem), availability of electricity, and labor regulations. Threat of nationalization or direct government intervention in business is no longer a major issue in India. With rampant tax evasion, the shadow economy in India is significant. It is estimated to be about 23% of GDP. Creditor and investor rights were largely unprotected in practice, with banks having little bargaining power against willful defaulters. Large corporate houses often got away with default, or got poor projects financed through the state-owned banking sector, often by using connections with influential politicians and bureaucrats.

Since the beginning of liberalization in 1991, two major improvements have taken place in the area of creditor rights protection – the establishment of the quasi-legal Debt Recovery Tribunals that have reduced delinquency and consequently lending rates (Visaria (2005)); and the passing of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act in 2002 and the subsequent Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act in 2004. These laws have paved the way for the establishment of Asset Reconstruction Companies and allow banks and financial institutions to act decisively against defaulting borrowers. In recent years,-recovery has shown significant improvement, presumably because, at least in part, of a well-performing economy (Table 2.1).

2.1. Comparison of Legal Systems: India, Country Groups and Major Emerging Economics*

Creditor

Rights

Anti-director

Rights

Corruption Perception Index

Legal Formalism

Index

Legality

Index

Disclosure

Requirement

Earnings

Managem Score

India

2

5

3.3

3.51

11.35

0.92

19.1

English-origin Ave.

2.28

4.19

5.33

3.02

15.56

0.78

11.69

French-origin Ave.

1.31

2.91

4.39

4.38

13.11

0.45

19.27

German-origin Ave.

2.33

3.04

5.58

3.57

15.53

0.60

23.60

Nordic-origin Ave.

1.75

3.80

9.34

3.32

16.42

0.56

10.15

LLSV Sample Ave.

1.828

3.3729

5.24

3.5830

14.98

0.6031

16.00

China (G)

2

1

3.3

3.40

N/a

N/a

N/a

Pakistan (E)

1

4

2.2

3.74

8.27

0.58

17.8

S. Africa (E)

3

5

4.6

3.68

11.95

0.83

5.6

Argentina (F)

1

2

2.9

5.49

10.31

0.50

N/a

Brazil (F)

1

5

3.3

3.83

11.43

0.25

N/a

Mexico (F)

0

3

3.3

4.82

10.79

0.58

N/a

Malaysia (E)

3

5

5

3.21

13.82

0.92

14.8

Sri Lanka (E)

2

4

3.1

3.89

9.68

0.75

N/a

Thailand(E)

2

4

3.6

4.25

10.70

0.92

18.3

Egypt (F)

2

3

3.3

3.60

10.14

0.50

N/a

Indonesia(F)

2

4

2.4

3.88

8.37

0.50

18.3

Peru(F)

0

3.5

3.3

5.42

9.13

0.33

N/a

Philippines (F)

1

4

2.5

5.00

7.91

0.83

8.8

Turkey (F)

2

3

3.8

3.49

9.88

0.50

N/a

Korea (South )(G)

3

4.5

5.1

3.33

12.24

0.75

26.8

Taiwan (G)

2

3

5.9

3.04

14.26

0.75

22.5

Average of EM

1.69

3.63

3.60

4.00

10.59

0.63

16.61

Source of EM

* Including all emerging economies from Table 1 for which information was available. Notation (E), (F), or (G) against a country indicates that the said country belongs to English, Fresh or German legal origin groups.

28 : DMS average 30 : DLLS (2003) average

29 : DLLS (2007) average 31 : LSS (2006) average

To summarize, despite strong protection provided by the law, legal protection is considerably weakened in practice due to an inefficient judicial system, characterized by overburdened courts, slow judicial process, and widespread corruption within the legal system and government. While the need for judicial and legal reforms has long been recognized, little legislative action has actually taken place so far (Debroy (2000)). Currently, the government is trying to emulate the success of China by following the Special Economic Zone approach rather than overhauling the entire legal system.

Financial/Business Laws and Regulations in India

Red tape and regulations still rank among the leading deterrents for business and foreign investment in India leading to its latest ranking of 116 out of 155 in the World Bank’s Ease of Doing Business indicator in 2006 (World Bank, 2006). India features consistently in the second half of the sample for all aspects of business regulation (and is out of the top 100 for most aspects) except for investor protection. To start a business in India entrepreneurs have close to twice the number of procedures to follow as in OECD countries, about three and a half times the time delay and close to nine times the cost (as a proportion of per capita income). Delays and costs of dealing with licenses in India is roughly in corresponding proportions with their respective OECD values. Very recently (second half of August 2007), the Government of India has decided to improve this situation and has announced a drastic reduction in the number of approvals and permits necessary to start new business. Whether and when this translates to actual practice is yet to be seen.

It is almost twice as hard to hire people in India as in OECD countries and almost three times as hard and costly to fire them. With have considerable variation in their labor laws across states, Besley and Burgess (2004) show that during the three and half decades before liberalization began in 1991, Indian states that followed more pro-worker policies experienced lower output, investment, employment and productivity in the registered or “formal” sector and higher urban poverty with an increase in informal sector output.

In the area of credit availability, India lags behind not because of creditors’ rights (which is close to OECD standards) but because of the paucity of credit quality information through the use of public registry or coverage of private bureaus. However, India’s excellent investor protection provisions in the law should be viewed together with her performance in contract enforcement where the number of procedures and time delays are about double that in OECD countries and the costs of contract enforcement over four times that in OECD countries.

As for securities markets regulation, using the framework of La Porta et al (2006) that focuses on disclosure and liability requirements as well as the quality of public enforcement of the regulations controlling securities markets, India scores 0.92 in the index of disclosure requirements third highest after the United States and Singapore. As for liability standard, India’s score is the fifth highest, 0.66 while the sample mean is 0.47. In terms of the quality of public enforcement, i.e. the nature and powers of the supervisory authority, the Securities and Exchanges Board of India (SEBI), India scores 0.67, higher than the overall sample mean as well as the English-origin average of 0.52 and 0.62 respectively and ranks 14th in the sample.

In comparing the regulatory powers and performance of SEBI with those of the SEC (Securities and Exchanges, Commission) in the USA, Bose (2005) concludes that while the scope of Indian securities laws, are quite pervasive, there are significant problems in enforcing compliance, particularly in the areas like price manipulation and insider trading. Between 1999 and 2004, Bose finds that SEBI took action in 481 cases as opposed to 2,789 cases for the SEC even though the latter regulates a significantly more mature market. As a ratio of actions taken to the number of companies under their respective jurisdictions, SEBI’s figure comes out to be an unimpressive 0.09 while that of the SEC is 0.52. Also the ratio for action taken to investigations made is quite low for SEBI (e.g. 1 out of 24 cases of issue related manipulation in 1996-97, 7 out of 27 in the 5 year period 1999-2004). As for appeals before higher authorities – the Securities Appellate Tribunal (SAT) or the Finance Ministry – in 30 to 50% of cases, the decision goes against SEBI. Though SEBI has had some success prosecuting intermediaries, it has failed to convince the SAT in its proceedings against corporate insiders and major market players. Thus the quality of public enforcement of securities laws appears to be a problem in India.

The institution of Debt Recovery Tribunals (DRTs) in the early 90′s and the
passing of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act in 2002 were aimed at remedying the slowness of the judicial process. The SARFAESI Act paves the way for the establishment of Asset Reconstruction Companies (ARCs) that can take the Non-Performing Assets (NPAs) off the balance sheets of banks and recover them. Operations of these ARCs would be restricted to asset reconstruction and securitizatipn only. It also allows banks and financial institutions to directly seize assets of a defaulting borrower who defaults fails to respond within 60 days of a notice. Borrowers can appeal to DRTs only after the assets are seized and the Act allows the sale of seized assets. The SARFAESI Act itself, however, does not provide a final solution to the recovery problems. With the borrower’s right to approach the DRT, the DRAT (Debt Recovery Appellate Tribunal) and, in some cases, even a High Court, a case can easily be dragged for three to four years during which time the sale of the seized asset cannot take place. It is perhaps too soon to evaluate its effects on reducing defaults but, public sector banks have had some success recovering their loans by seizing and selling assets since the Act came into existence. The recovery rates of bad debts have registered a sharp rise in 2005-06, but it is difficult to separate the contribution of the booming economy to this from that of the improvement in corporate governance.

Another positive development in the area of disclosure has been the adoption of Accounting Standards (AS) 18 by the Institute of Chartered Accountants in India (ICAI) in 2001 which, among other things, makes reporting of “related party transactions” by Indian companies mandatory. Related parties include holding and subsidiary companies, key management personnel and their direct relatives, “parties with control exist” which includes joint ventures and fellow subsidiaries; and other parties like promoters and employee trusts. Transactions include purchase/sale of goods and assets, borrowing, lending and leasing, hiring and agency arrangements, guarantee agreements, transfer of research and development and management contracts. This step has gone a long way in bringing transparency to the dealings of Indian companies, particularly the group-affiliates.

The area of the Ease of Doing Business index where India fares worst is undoubtedly that of closing a business. India has the dubious distinction of being among the countries where it takes the longest time to go through bankruptcy in the world (10 years on an average). Consequently recovery rates are very low too – below 13% as opposed to about 74% in OECD countries. Kang and Naya’r (2004) point out that there is no single comprehensive and integrated policy on corporate bankruptcy in India in the lines of Chapter 11 or Chapter 7 US bankruptcy code. Overlapping jurisdictions of the High Courts, the Company Law Board, the Board for Industrial and Financial Reconstruction (BIFR) and the Debt Recovery Tribunals (DRTs) contribute to the costs and delays of bankruptcy. The Companies (Second Amendment) Act, 2002 seeks to address these problems by establishing a National Company Law Tribunal and stipulating a time-bound rehabilitation or liquidation process to within less than two years as well as bringing about other positive changes in the bankruptcy code.

Stock Exchanges in India

India currently has two major stock exchanges: the National Stock Exchange (NSE) established in 1994 and the Bombay Stock Exchange (BSE), the oldest stock exchange in Asia, established in 1875. Up to 1992, BSE was a monopoly, marked with inefficiencies, high costs of intermediation, and manipulative, practices, so that external market users often found themselves disadvantaged. The economics reforms created four new institutions: the Securities and Exchanges: Board of India (SEBI), the National Stock Exchange (NSE), the National Securities Clearing, Corporation (NSCC), and the National Securities Depository (NSDL). The National Stock Exchange (NSE), a limited liability company owned by public sector financial institutions, now accounts for about two-thirds of the stock exchange trading in India, and virtually all of its derivatives trading.

The National Securities Clearing Corporation (NSCC) is the legal counter-party to net obligations of each brokerage firm, and thereby eliminates counter-party risk and possibility of payments crises. It follows a rigorous ‘risk containment’ framework involving collateral and intra-day monitoring. The NSCC, duly assisted by the National Securities Depository (NSDL), has an excellent record of reliable settlement schedules since its inception in the mid-nineties.

The Securities and Exchanges Board of India (SEBI) has introduced a rigorous regulatory regime to ensure fairness, transparency and good practice. For example, for greater transparency, SEBI has mandated mandatory disclosure for all transactions where total quantity of shares is more than 0.5% of the equity of the company. Brokers disclose to the stock exchange, immediately after trade execution, the name of the client in addition to trade details; and the Stock exchange disseminates the information to the general public on the same day.

The new environment of transparency, fairness and efficient regulation led BSE, in 1996, to also become a transparent electronic limit order book market with an efficient trading system similar to the NSE. Equity and equity derivatives trading in India has sky­rocketed to record levels over the course of the last ten years.

In 2005, about 5000 companies were listed and traded on NSE and/or BSE. While the dollar value of trading on the Indian stock exchanges is much lower than the dollar value of trading in Europe or in the US, it is important to note that the number of equity trades on BSE/NSE is ten times greater than that of Euronext or London, and of the same order of magnitude as that of NASDAQ/NYSE. Similarly, the number of derivatives trades on NSE is several times greater than that of Euronext/ London, and of an order of magnitude comparable to US derivatives exchanges. The number of trades is an important indicator of the extent of investor interest and investor participation in equities and equity trading, and emphasizes the crucial importance of corporate governance practices in India.

Enforcing Corporate Governance Laws

Enforcement of corporate laws remains’ the soft underbelly of the legal and corporate governance system in India. The World Bank’s Reports on the Observance of Standards and Codes (ROSC) in its 2004 report on India (World Bank (2004)) found that while India observed or largely observed most of the principles, it could do better in areas like the contribution of nominee directors from financial institutions to monitoring and supervising management; the enforcement of certain laws and regulations like those pertaining to stock listing in major exchanges and insider trading as well as in dealing with violations of the Companies Act – the backbone of the corporate governance system in India. Some of the problems arise because of unsettled questions about jurisdiction issues and powers of the SEBI.

Indian Courts-an assessment

Djankov et al (2003) (DLLS) in. their analysis of “formalism” in the judicial process around the world, gave India a score of 3.34 on its formalism index, higher than the English-origin average of 2.76 but slightly lower than the average for all countries, 3.53. Among the 42 English-origin countries in their sample, India has the 11th highest level of formalism. India has the 16th longest process of evicting a tenant (212 days) among English common law origin countries (average 199 days). For collection on a bounced check, however, India has the 16th shortest duration (106 days) among English common law origin countries (average 176 days). In both cases India’s total duration of the process is significantly shorter than the overall mean duration of all the 109 countries considered (254 for eviction of tenant and 234 for collecting on bounced check). Thus, in spite of its formalism, Indian courts do not seem to perform that poorly (relatively speaking) on these two types of eases considered.

The DLLS assurance notwithstanding, case arrears and decade-long legal battles are commonplace in India. In spite of having around 10,000 courts (not counting tribunals and special courts), India has a serious, shortfall of judicial service. While the USA has 107 judges per million citizens, Canada over 75, Britain over 50 and Australia over 41, for India the figure is slightly over 10, (Debroy (1999)). In April 2003, for instance, the Supreme Court of India had close to 25,000 cases pending before it (Parekh 2001). Hazra and Micevska (2004) report that there are about 20 million cases pending in lower courts and another 3.2 million cases in high courts. A termination dispute contested all the way can take up to 20 years for disposal. Writ petitions in high courts can take between 8 and 20 years for disposal. About 63% of pending civil cases are over a year old and 31% are over 3 years old. Automatic appeals, extensive litigation by the government, underdeveloped alternative mechanisms of dispute resolution like arbitration, the shortfall of judges all contribute to this unenviable state of affairs in Indian courts. Since the same courts try both civil and criminal matters and the latter gets priority, economic disputes suffer even greater delays.

The Small and Medium Enterprises (SME) sector in India

Allen et al (2006) conduct surveys to study the extent to which the formal legal environment directly supports and regulates businesses, particularly small and medium enterprises which form an increasingly important part of the Indian industry. This seems to indicate that the small firms sector operate in a system virtually governed through informal mechanisms based on trust, reciprocity and reputation with little recourse to the legal system and deals with widespread corruption.

Over 80% of the firms surveyed needed a license to start a business, and for about half of them obtaining it was a difficult process. Government officials were most often the problem solved usually through payment of bribes or friends of government officials to negotiate. Clearly, networks and connections are of crucial importance in negotiating the government bureaucracy.

As for conducting day-to-day business, legal concerns are far less important to

them than the unwritten codes of the informal networks in which firms operate. In cases of default and breach of contract, the primary concern is loss of reputation, followed closely by loss of property, with the fear of legal consequences being-the least important concern.

About half of the firms surveyed did not have, a regular legal adviser and less than half of those that did had lawyers in that capacity. For mediation in a business dispute or to enforce a contract, the first choice was “mutual friends or business partners”. Only 20% of the respondents mentioned going to courts as the first option indicating that the legal system, while not as effective as the informal mechanisms, is not altogether absent.

The informal system, however, is not perfect in resolving disputes and has its costs. About half of the respondents experienced a breach of contract or, non-payment with a supplier or major customer in the past three years. Over a third of them renegotiated while over 40% did nothing but continued the business relationships with the offending parties.

In general, the business environment of the SME sector is marked by strong informal mechanisms like family ties, reputation and trust. Legal remedies though present, are far less important than the rules of the informal networks.

References

Allen, F., R. Chakrabarti, S. De, J. Qian and M. Qian, 2006, “Financing Firms in India”, Working paper, The Wharton School.

Bose, Suchismita and Dipankar Coondoo, 2004, ‘The Impact of FII Regulations in India’, Money and Finance, July-December.

Bose, Suchismita, 2005. “Securities Markets Regulation: Lessons from US and Indian Experience”, Money and Finance, Jan-June, 83-124.

Besley, Timothy and Robin Burgess, 2004, “Can Labor Regulation Hinder Economic Performance? Evidence from India” Quarterly Journal of Economics.

Debroy, Bibek, 1999, “Some Issues in Law Reform in India”, in Jean-Jacques Dethier ed. Governance, decentralization, and reform in China, India, and Russia,. Boston; Kluwer Academic Publishers.

Djankov, Simeon, Rafael La Porta, Florencio Lopez-de-Silanes, and Andrei Shleifer, 2002. “The Regulation of Entry,” Quarterly Journal of Economics, “Courts,” Quarterly Journal of Economics, 118 (2), 453-517.

Hazra, Arnab K. and Maja Micevska, 2004, “The Problem of Court Congestion: Evidence from Indian Lower Courts”, Working Paper, University of Bonn.

Kang, Nimrit and Nitin Nayar, 2004, “The Evolution of Corporate Bankruptcy Law in India”, Money and Finance, Oct 03 – Mar 04.

Dr. S. Tameem Sharief, Ph.D.,
Lecturer & Research Supervisor
P.G. & Research Department of Commerce
The New College, Chennai – 14
E-mail: tameem08@hotmail.com

A Diagnosis On Hiccup Of Merger And Acquisition

A DIAGNOSIS ON HICCUP OF MERGER AND ACQUISITION

Introduction:

The phrase mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling and combining of different companies that can aid, finance, or help a growing company in a given industry grow rapidly without having to create another business entity.

Acquisition/Takeover

Achieving acquisition success has proven to be very difficult; while various studies have showed that 50% of acquisitions were unsuccessful the acquisition process is very complex, with many dimensions influencing its outcome.

• The buyer buys the shares, of the target company ownership control of the company conveys effective control over the assets of the company, but since the company is acquired intact as a going business, this form of transaction carries with it all of the liabilities accrued by that business over its past and all of the risks that company faces in its commercial environment.

• The buyer buys the assets of the target company and the sell-off is paid back to its shareholders by dividend or through liquidation. This type of transaction leaves the target company as an empty shell, if the buyer “cherry-pick” the assets that it wants and leaves out the assets and liabilities that it do not.

Mergers

There are two types of mergers that are distinguished based on finance. Each has certain implications for the companies involved and for investors:

Purchase mergers is a kind of merger when one company purchases another. The purchase is made with cash or through the issue of some kind of debt instrument; the sale is taxable.

Acquiring companies often prefer this type of merger because it can provide them with a tax benefit. Acquired assets can be written-up to the actual purchase price, and the difference between the book value and the purchase price of the assets can depreciate annually, reducing taxes payable by the acquiring company.

Consolidation mergers are merger, where a brand new company is formed and both companies are bought and combined under the new entity. The tax terms are the same as those of a purchase merger.

A unique type of merger called a reverse merger is used as a way of going public without the expense and time required by an IPO. The occurrence of a merger often raises concerns in antitrust circles. Devices such as the Herfindahl index can analyze the impact of a merger on a market Regulatory bodies such as the European Commission, the United States Department of Justice and the U.S. Federal Trade Commission investigates anti-trust cases for monopolies dangers, and have the power to block mergers.

Accretive mergers are those in which an acquiring company’s earnings per share (EPS) increase. An alternative way of calculating this is if a company with a high price to earnings ratio (P/E) acquires one with a low P/E.

Dilutive mergers are mergers where a company’s EPS decreases. The company will be one with a low P/E acquiring one with a high P/E.

The completion of a merger does not ensure the success of the resulting organization; indeed, many mergers result in a net loss of value due to problems. Correcting problems caused by incompatibility—whether of technology, equipment, or corporate culture— diverts resources away from new investment, and these problems may be exacerbated by inadequate research or by concealment of losses or liabilities by one of the partners. Overlapping subsidiaries or redundant staff may be allowed to continue, creating inefficiency, and conversely the new management may cut too many operations or personnel, losing expertise and disrupting employee culture. These problems are similar to those encountered in takeovers. For the merger not to be considered a failure, it must increase shareholder value faster than if the companies were separate, or prevent the deterioration of shareholder value more than if the companies were separate.

Mergers Vs acquisitions

Although they are often uttered in the same breath and used synonymous, the terms merger and acquisition mean slightly different things.

In the pure sense of the term, a merger happens when two firms, often of about the same size, agree to go forward as a single new company rather than remain separately owned and operated. This kind of action is more precisely referred to as a “merger of equals”.

In practice, however, actual mergers of equals don’t happen very often. Usually, one company will buy another and, as part of the deal’s terms, simply allow the acquired firm to proclaim that the action is a merger of equals, even if it is technically an acquisition. Being bought out often carries negative connotations, therefore, by describing the deal euphemistically as a merger, deal makers and top managers try to make the takeover more palatable.

A purchase deal will also be called a merger when both CEOs agree that joining together is in the best interest of both of their companies. But when the deal is unfriendly – that is, when the target company does not want to be purchased – it is always regarded as an acquisition. Whether a purchase is considered a merger or an acquisition really depends on whether the purchase is friendly or hostile and how it is announced

Mergers are generally differentiated from acquisitions partly by the way in which they are financed and partly by the relative size of the companies. Various methods of financing an M&A deal exist:

a) Payment by cash – Such transactions are usually termed acquisitions rather than mergers because the shareholders of the target company are removed from the picture and the target comes under the (indirect) control of the bidder’s shareholders alone.

b) Financing capital – capital may be borrowed from a bank, or raised by an issue of bonds. Alternatively, the acquirer’s stock may be offered as consideration. Acquisitions financed through debt are known as leveraged buyouts if they take the target private.

c) Hybrids – An acquisition can involve a combination of cash and debt or of cash and stock of the purchasing entity.

d) Factoring – Factoring can provide the extra to make a merger or sale work. Hybrid can work as ad e-denit.

The Great Merger Movement of USA

The Great Merger Movement was a predominantly U.S. business phenomenon that happened from 1895 to 1905. During this time, small firms with little market share consolidated with similar firms to form large, powerful institutions that dominated their markets. It is estimated that more than 1,800 of these firms disappeared into consolidations, many of which acquired substantial shares of the markets in which they operated. The vehicle used was so-called trusts. To truly understand how large this movement was—in 1900 the value of firms acquired in mergers was 20% of GDP. In 1990 the value was only 3% and from 1998–2000 it was around 10–11% of GDP. Organizations that commanded the greatest share of the market in 1905 saw that command disintegrate by 1929 as smaller competitors joined forces with each other. However, there were companies that merged during this time such as DuPont, Nabisco, US Steel, and General Electric that have been able to keep their dominance in their respected sectors today due to growing technological advances of their products, patents, and brand recognition by their customers. The companies that merged were mass producers of homogeneous goods that could exploit the efficiencies of large volume production. The “quick mergers” involved mergers of companies with unrelated technology and different management. As a result, the efficiency gains associated with mergers were not present. The new and bigger company would actually faced higher costs than competitors because of these technological and managerial differences. Thus, the mergers were not done to see large efficiency gains; they were in fact done because that was the trend at the time.

Changing motives of Merger and Acquisitions

Acquiring firms’ financial performance does not positively change as a function of their acquisition activity. Motives for merger and acquisition that may not add shareholder value include:

• Diversification: This may hedge a company against a downturn in an individual industry it fails to deliver value, since it is possible for individual shareholders to achieve the same hedge by diversifying their portfolios at a much lower cost than those associated with a merger.

• Manager’s hubris: Manager’s overconfidence about expected synergies from M&A which results in overpayment for the target company.

• Empire-building: Managers have larger companies to manage and hence more power.

• Manager’s compensation: Executive management teams had their payout based on the total amount of profit of the company, instead of the profit per share, which would give the team a perverse incentive to buy companies to increase the total profit while decreasing the profit per share.

A study published in the July/August 2008 issue of the Journal of Business Strategy suggests that mergers and acquisitions destroy leadership continuity in target companies’ top management teams for at least a decade following a deal. The study found that target companies lose 21 percent of their executives each year for at least 10 years following an acquisition – more than double the turnover experienced in non-merged firms.

Marketplace difficulties

In many countries, no marketplace exists for the mergers and acquisitions of privately owned small to mid-sized companies. Market participants often wish to maintain a level of secrecy about their efforts to buy or sell such companies. Their concern for secrecy usually arises from the possible negative reactions a company’s employees, bankers, suppliers, customers and others seek a transaction to become known. This need for secrecy has thus far thwarted the emergence of a public forum or marketplace to serve as a clearinghouse for this large volume of business. In USA, a Multiple Listing Service (MLS) of small businesses for sale is maintained by organizations such as Business Brokers of Florida (BBF). Another MLS is maintained by International Business Brokers Association (IBBA).

The process by which a company is bought or sold can prove difficult, slow and expensive. A transaction typically requires six to nine months and involves many steps. Locating parties with whom to conduct a transaction forms one step in the overall process and perhaps the most difficult one. Qualified and interested buyers of multimillion corporations are hard to find. Even more difficulties attend bringing a number of potential buyers forward simultaneously during negotiations. Potential acquirers in an industry simply cannot effectively “monitor” the economy at large for acquisition opportunities even though some may fit well within their company’s operations or plans.

An industry of professional “middlemen” known as intermediaries, business brokers, and investment bankers exists to facilitate M&A transactions. These professionals do not provide their services cheaply and generally resort to previously-established personal contacts, direct-calling campaigns, and placing advertisements in various media. In servicing their clients they attempt to create a one-time market for a one-time transaction. Stock purchase or merger transactions involve securities and require that these “middlemen” be licensed broker dealers under FINRA (SEC) (USA) in order to be compensated as a percentage of the deal. Marketing problems typify any private negotiated markets. Due to this problem and other problems like much more strenuous conditions for mid-sized companies. Mid-sized business brokers have an average life-span of only 12–18 months and usually never grow beyond 1 or 2 employees.

The market inefficiencies can prove detrimental for a sector of the economy. An important and large sector of the entire economy is held back by the difficulty in conducting corporate M&A. Furthermore, it is likely that since privately held companies are so difficult to sell they are not sold as often.

Previous attempts to streamline the M&A process through computers have failed to succeed on a large scale because they have provided mere “bulletin boards” – static information that advertises one firm’s opportunities. Users seek other sources for opportunities just as if the bulletin board were not electronic. A multiple listings service concept was not used due to the need for confidentiality but there are currently several in operations. The most significant of these are run by the California Association of Business Brokers (CABB) and the International Business Brokers Association (IBBA) These organizations have effectivily created a type of virtual market without compromising the confidentiality of parties involved and without the unauthorized release of information.

One part of the M&A process using networked computers is the improved access to “data rooms” during the due diligence process for larger transactions. For the purposes of small-medium sized business, these data rooms serve no purpose and are generally not used.

M&A failure

Reasons for failure of M&A were analyzed by Thomas Straub in “Reasons for frequent failure in mergers and acquisitions – a comprehensive analysis”, DUV Gabler Edition, 2007. Despite the goal of performance improvement, results from mergers and acquisitions (M&A) are disappointing. Numerous empirical studies show high failure rates of M&A deals. Studies are mostly focused on individual determinants. Using four statistical methods, Thomas Straub shows that M&A performance is a multi-dimensional function. For a successful deal, the following key success factors should be taken into account:

Strategic logic which is reflected by six determinants:

• market similarities,

• market complementarities,

• operational similarities,

• operational complementarities,

• market power, and

• purchasing power.

Organizational integration which is reflected by three determinants:

• acquisition experience,

• relative size,

• cultural compatibility.

Financial / price perspective which is reflected by three determinants:

• acquisition premium,

• bidding process, and

• due diligence.

All 12 variables are presumed to affect performance either positively or negatively. Post-M&A performance is measured by synergy realization, relative performance and absolute performance.

Short-run factors

One of the major short run factors that sparked in The Great Merger Movement was the desire to keep prices high. During the panic of 1893, the demand declined. When demand for the good falls, as illustrated by the classic supply and demand model, prices are driven down. To avoid this decline in prices, firms found it profitable to collude and manipulate supply to counter any changes in demand for the good. This type of cooperation led to widespread horizontal integration amongst firms of the era. Focusing on mass production allowed firms to reduce unit costs to a much lower rate. These firms usually were capital-intensive and had high fixed costs. Because new machines were mostly financed through bonds, interest payments on bonds were high followed by the panic of 1893, yet no firm was willing to accept quantity reduction during this period

Long-run factors

In the long run, to keep costs low, it was advantageous for firms to merge and reduce their transportation costs thus producing and transporting from one location rather than various sites of different companies as in the past. This resulted in shipment directly to market from this one location. In addition, technological changes prior to the merger movement within companies increased the efficient size of plants with capital intensive assembly lines allowing for economies of scale. Thus improved technology and transportation were forerunners to the Great Merger Movement. In part due to competitors as mentioned above, and in part due to the government, however, many of these initially successful mergers were eventually dismantled. The U.S. government passed the Sherman Act in 1890, setting rules against price fixing and monopolies. Starting in the 1890s with such cases as U.S. versus Addyston Pipe and Steel Co., the courts attacked large companies for strategizing with others or within their own companies to maximize profits. Price fixing with competitors created a greater incentive for companies to unite and merge under one name so that they were not competitors anymore and technically not price fixing.

Cross-border M&A

In a study conducted in 2000 by Lehman Brothers, it was found that, on average, large M&A deals cause the domestic currency of the target corporation to appreciate by 1% relative to the acquirer’s. For every $1-billion deal, the currency of the target corporation increased s The rise of globalization has exponentially increased the market for cross border M&A. In 1996 alone there were over 2000 cross border transactions worth a total of approximately $256 billion. This rapid increase has taken many M&A firms by surprise because the majority of them never had to consider acquiring Due to the complicated nature of cross border M&A, the vast majority of cross border actions have unsuccessful companies seek to expand their global footprint and become more agile at creating high-performing businesses and cultures across national boundaries.

 1998 Citicorp

Travelers Group

73,000

5 1999 SBC Communications

Ameritech Corporation

63,000

6 1999 Vodafone Group

AirTouch Communications

60,000

7 1998 Bell Atlantic

GTE

53,360

8 1998 BP

Amoco

53,000

9 1999 Qwest Communications

US WEST

A DIAGNOSIS ON HICCUP OF MERGER AND ACQUISITION

S.Senthil Srinivasan[1]

Introduction:

The phrase mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling and combining of different companies that can aid, finance, or help a growing company in a given industry grow rapidly without having to create another business entity.

Acquisition/Takeover

 

Achieving acquisition success has proven to be very difficult; while various studies have showed that 50% of acquisitions were unsuccessful the acquisition process is very complex, with many dimensions influencing its outcome.

The buyer buys the shares, of the target company ownership control of the company conveys effective control over the assets of the company, but since the company is acquired intact as a going business, this form of transaction carries with it all of the liabilities accrued by that business over its past and all of the risks that company faces in its commercial environment.
The buyer buys the assets of the target company and the sell-off is paid back to its shareholders by dividend or through liquidation. This type of transaction leaves the target company as an empty shell, if the buyer “cherry-pick” the assets that it wants and leaves out the assets and liabilities that it do not.

Mergers

 

There are two types of mergers that are distinguished based on finance. Each has certain implications for the companies involved and for investors:

Purchase mergers is a kind of merger when one company purchases another. The purchase is made with cash or through the issue of some kind of debt instrument; the sale is taxable.

Acquiring companies often prefer this type of merger because it can provide them with a tax benefit. Acquired assets can be written-up to the actual purchase price, and the difference between the book value and the purchase price of the assets can depreciate annually, reducing taxes payable by the acquiring company.

Consolidation mergers are merger, where a brand new company is formed and both companies are bought and combined under the new entity. The tax terms are the same as those of a purchase merger.

A unique type of merger called a reverse merger is used as a way of going public without the expense and time required by an IPO. The occurrence of a merger often raises concerns in antitrust circles. Devices such as the Herfindahl index can analyze the impact of a merger on a market Regulatory bodies such as the European Commission, the United States Department of Justice and the U.S. Federal Trade Commission investigates anti-trust cases for monopolies dangers, and have the power to block mergers.

Accretive mergers are those in which an acquiring company’s earnings per share (EPS) increase. An alternative way of calculating this is if a company with a high price to earnings ratio (P/E) acquires one with a low P/E.

Dilutive mergers are mergers where a company’s EPS decreases. The company will be one with a low P/E acquiring one with a high P/E.

The completion of a merger does not ensure the success of the resulting organization; indeed, many mergers result in a net loss of value due to problems. Correcting problems caused by incompatibility—whether of technology, equipment, or corporate culture— diverts resources away from new investment, and these problems may be exacerbated by inadequate research or by concealment of losses or liabilities by one of the partners. Overlapping subsidiaries or redundant staff may be allowed to continue, creating inefficiency, and conversely the new management may cut too many operations or personnel, losing expertise and disrupting employee culture. These problems are similar to those encountered in takeovers. For the merger not to be considered a failure, it must increase shareholder value faster than if the companies were separate, or prevent the deterioration of shareholder value more than if the companies were separate.

Mergers Vs acquisitions

Although they are often uttered in the same breath and used synonymous, the terms merger and acquisition mean slightly different things.

In the pure sense of the term, a merger happens when two firms, often of about the same size, agree to go forward as a single new company rather than remain separately owned and operated. This kind of action is more precisely referred to as a “merger of equals”.

In practice, however, actual mergers of equals don’t happen very often. Usually, one company will buy another and, as part of the deal’s terms, simply allow the acquired firm to proclaim that the action is a merger of equals, even if it is technically an acquisition. Being bought out often carries negative connotations, therefore, by describing the deal euphemistically as a merger, deal makers and top managers try to make the takeover more palatable.

A purchase deal will also be called a merger when both CEOs agree that joining together is in the best interest of both of their companies. But when the deal is unfriendly – that is, when the target company does not want to be purchased – it is always regarded as an acquisition. Whether a purchase is considered a merger or an acquisition really depends on whether the purchase is friendly or hostile and how it is announced

Mergers are generally differentiated from acquisitions partly by the way in which they are financed and partly by the relative size of the companies. Various methods of financing an M&A deal exist:

a)      Payment by cash – Such transactions are usually termed acquisitions rather than mergers because the shareholders of the target company are removed from the picture and the target comes under the (indirect) control of the bidder’s shareholders alone.

b)      Financing capital – capital may be borrowed from a bank, or raised by an issue of bonds. Alternatively, the acquirer’s stock may be offered as consideration. Acquisitions financed through debt are known as leveraged buyouts if they take the target private.

c)      Hybrids – An acquisition can involve a combination of cash and debt or of cash and stock of the purchasing entity.

d)     Factoring – Factoring can provide the extra to make a merger or sale work. Hybrid can work as ad e-denit.

The Great Merger Movement of USA

The Great Merger Movement was a predominantly U.S. business phenomenon that happened from 1895 to 1905. During this time, small firms with little market share consolidated with similar firms to form large, powerful institutions that dominated their markets. It is estimated that more than 1,800 of these firms disappeared into consolidations, many of which acquired substantial shares of the markets in which they operated. The vehicle used was so-called trusts. To truly understand how large this movement was—in 1900 the value of firms acquired in mergers was 20% of GDP. In 1990 the value was only 3% and from 1998–2000 it was around 10–11% of GDP. Organizations that commanded the greatest share of the market in 1905 saw that command disintegrate by 1929 as smaller competitors joined forces with each other. However, there were companies that merged during this time such as DuPont, Nabisco, US Steel, and General Electric that have been able to keep their dominance in their respected sectors today due to growing technological advances of their products, patents, and brand recognition by their customers. The companies that merged were mass producers of homogeneous goods that could exploit the efficiencies of large volume production. The “quick mergers” involved mergers of companies with unrelated technology and different management. As a result, the efficiency gains associated with mergers were not present. The new and bigger company would actually faced higher costs than competitors because of these technological and managerial differences. Thus, the mergers were not done to see large efficiency gains; they were in fact done because that was the trend at the time.

Changing motives of Merger and Acquisitions

Acquiring firms’ financial performance does not positively change as a function of their acquisition activity. Motives for merger and acquisition that may not add shareholder value include:

Diversification: This may hedge a company against a downturn in an individual industry it fails to deliver value, since it is possible for individual shareholders to achieve the same hedge by diversifying their portfolios at a much lower cost than those associated with a merger.
Manager’s hubris: Manager’s overconfidence about expected synergies from M&A which results in overpayment for the target company.
Empire-building: Managers have larger companies to manage and hence more power.
Manager’s compensation: Executive management teams had their payout based on the total amount of profit of the company, instead of the profit per share, which would give the team a perverse incentive to buy companies to increase the total profit while decreasing the profit per share.

A study published in the July/August 2008 issue of the Journal of Business Strategy suggests that mergers and acquisitions destroy leadership continuity in target companies’ top management teams for at least a decade following a deal. The study found that target companies lose 21 percent of their executives each year for at least 10 years following an acquisition – more than double the turnover experienced in non-merged firms.

 

 

Marketplace difficulties

In many countries, no marketplace exists for the mergers and acquisitions of privately owned small to mid-sized companies. Market participants often wish to maintain a level of secrecy about their efforts to buy or sell such companies. Their concern for secrecy usually arises from the possible negative reactions a company’s employees, bankers, suppliers, customers and others seek a transaction to become known. This need for secrecy has thus far thwarted the emergence of a public forum or marketplace to serve as a clearinghouse for this large volume of business. In USA, a Multiple Listing Service (MLS) of small businesses for sale is maintained by organizations such as Business Brokers of Florida (BBF). Another MLS is maintained by International Business Brokers Association (IBBA).

The process by which a company is bought or sold can prove difficult, slow and expensive. A transaction typically requires six to nine months and involves many steps. Locating parties with whom to conduct a transaction forms one step in the overall process and perhaps the most difficult one. Qualified and interested buyers of multimillion corporations are hard to find. Even more difficulties attend bringing a number of potential buyers forward simultaneously during negotiations. Potential acquirers in an industry simply cannot effectively “monitor” the economy at large for acquisition opportunities even though some may fit well within their company’s operations or plans.

An industry of professional “middlemen” known as intermediaries, business brokers, and investment bankers exists to facilitate M&A transactions. These professionals do not provide their services cheaply and generally resort to previously-established personal contacts, direct-calling campaigns, and placing advertisements in various media. In servicing their clients they attempt to create a one-time market for a one-time transaction. Stock purchase or merger transactions involve securities and require that these “middlemen” be licensed broker dealers under FINRA (SEC) (USA) in order to be compensated as a percentage of the deal. Marketing problems typify any private negotiated markets. Due to this problem and other problems like much more strenuous conditions for mid-sized companies. Mid-sized business brokers have an average life-span of only 12–18 months and usually never grow beyond 1 or 2 employees.

The market inefficiencies can prove detrimental for a sector of the economy. An important and large sector of the entire economy is held back by the difficulty in conducting corporate M&A. Furthermore, it is likely that since privately held companies are so difficult to sell they are not sold as often.

Previous attempts to streamline the M&A process through computers have failed to succeed on a large scale because they have provided mere “bulletin boards” – static information that advertises one firm’s opportunities. Users seek other sources for opportunities just as if the bulletin board were not electronic. A multiple listings service concept was not used due to the need for confidentiality but there are currently several in operations. The most significant of these are run by the California Association of Business Brokers (CABB) and the International Business Brokers Association (IBBA) These organizations have effectivily created a type of virtual market without compromising the confidentiality of parties involved and without the unauthorized release of information.

One part of the M&A process using networked computers is the improved access to “data rooms” during the due diligence process for larger transactions. For the purposes of small-medium sized business, these data rooms serve no purpose and are generally not used.

M&A failure

Reasons for failure of M&A were analyzed by Thomas Straub in “Reasons for frequent failure in mergers and acquisitions – a comprehensive analysis”, DUV Gabler Edition, 2007. Despite the goal of performance improvement, results from mergers and acquisitions (M&A) are disappointing. Numerous empirical studies show high failure rates of M&A deals. Studies are mostly focused on individual determinants. Using four statistical methods, Thomas Straub shows that M&A performance is a multi-dimensional function. For a successful deal, the following key success factors should be taken into account:

Strategic logic which is reflected by six determinants:

market similarities,
market complementarities,
operational similarities,
operational complementarities,
market power, and
purchasing power.

Organizational integration which is reflected by three determinants:

acquisition experience,
relative size,
cultural compatibility.

Financial / price perspective which is reflected by three determinants:

acquisition premium,
bidding process, and
due diligence.

All 12 variables are presumed to affect performance either positively or negatively. Post-M&A performance is measured by synergy realization, relative performance and absolute performance.

Short-run factors

One of the major short run factors that sparked in The Great Merger Movement was the desire to keep prices high. During the panic of 1893, the demand declined. When demand for the good falls, as illustrated by the classic supply and demand model, prices are driven down. To avoid this decline in prices, firms found it profitable to collude and manipulate supply to counter any changes in demand for the good. This type of cooperation led to widespread horizontal integration amongst firms of the era. Focusing on mass production allowed firms to reduce unit costs to a much lower rate. These firms usually were capital-intensive and had high fixed costs. Because new machines were mostly financed through bonds, interest payments on bonds were high followed by the panic of 1893, yet no firm was willing to accept quantity reduction during this period

Long-run factors

In the long run, to keep costs low, it was advantageous for firms to merge and reduce their transportation costs thus producing and transporting from one location rather than various sites of different companies as in the past. This resulted in shipment directly to market from this one location. In addition, technological changes prior to the merger movement within companies increased the efficient size of plants with capital intensive assembly lines allowing for economies of scale. Thus improved technology and transportation were forerunners to the Great Merger Movement. In part due to competitors as mentioned above, and in part due to the government, however, many of these initially successful mergers were eventually dismantled. The U.S. government passed the Sherman Act in 1890, setting rules against price fixing and monopolies. Starting in the 1890s with such cases as U.S. versus Addyston Pipe and Steel Co., the courts attacked large companies for strategizing with others or within their own companies to maximize profits. Price fixing with competitors created a greater incentive for companies to unite and merge under one name so that they were not competitors anymore and technically not price fixing.

Cross-border M&A

In a study conducted in 2000 by Lehman Brothers, it was found that, on average, large M&A deals cause the domestic currency of the target corporation to appreciate by 1% relative to the acquirer’s. For every $1-billion deal, the currency of the target corporation increased s The rise of globalization has exponentially increased the market for cross border M&A. In 1996 alone there were over 2000 cross border transactions worth a total of approximately $256 billion. This rapid increase has taken many M&A firms by surprise because the majority of them never had to consider acquiring Due to the complicated nature of cross border M&A, the vast majority of cross border actions have unsuccessful companies seek to expand their global footprint and become more agile at creating high-performing businesses and cultures across national boundaries.

Table – A – Major M&A World wide

Top 10 M&A deals worldwide by value (in mil. USD) from 1990 to 1999:

Rank

Year

Purchaser

Purchased

Transaction value (in mil. USD)

1

1999

Vodafone Airtouch PLC

 

Mannesmann

 

183,000

 

2

1999

Pfizer

Warner-Lambert

90,000

3

1998

Exxon

Mobil

77,200

4

1998

Citicorp

Travelers Group

73,000

5

1999

SBC Communications

Ameritech Corporation

63,000

6

1999

Vodafone Group

AirTouch Communications

 

 

 

 

 

 

 

60,000

7

1998

Bell Atlantic

GTE

53,360

8

1998

BP

Amoco

53,000

9

1999

Qwest Communications

US WEST

48,000

10

1997

Worldcom

MCI Communications

42,000

 

Table – B – Major M&A World wide

Top 9 M&A deals worldwide by value (in mil. USD) since 2000:

Rank

Year

Purchaser

Purchased

Transaction value (in mil. USD)

1

2000

Fusion: America Online Inc. (AOL)

Time Warner

164,747

2

2000

Glaxo Wellcome Plc.

SmithKline Beecham Plc.

75,961

3

2004

Royal Dutch Petroleum Co.

Shell Transport & Trading Co

74,559

4

2006

AT&T Inc.

BellSouth Corporation

72,671

5

2001

Comcast Corporation

AT&T Broadband & Internet Svcs

72,041

6

2004

Sanofi-Synthelabo SA

Aventis SA

60,243

7

2000

Spin-off: Nortel Networks Corporation

 

59,974

8

2002

Pfizer Inc.

Pharmacia Corporation

59,515

9

2004

JP Morgan Chase & Co

Bank One Corp

58,761

10

2008

Inbev Inc.

Anheuser-Busch Companies, Inc

52,000

Source: www.wikipedia.com

Failure and Exiting Assets

A merger is not likely to create or enhance market power or to facilitate its exercise, if imminent failure, of one of the merging firms would cause the assets of that firm to exit the relevant market. In such circumstances, post-merger performance in the relevant market may be no worse than market performance had the merger been blocked and the assets left the market.

Failing Firm

A merger is not likely to create or enhance market power or facilitate its exercise if the following circumstances are met:

1)      the allegedly failing firm would be unable to meet its financial obligations in the near future;

2)      it would not be able to reorganize successfully under Chapter 11 of the Bankruptcy Act;

3)      it has made unsuccessful good-faith efforts to elicit reasonable alternative offers of acquisition of the assets of the failing firm that would both keep its tangible and intangible assets in the relevant market and pose a less severe danger to competition than does the proposed merger; and

4)      absent the acquisition, the assets of the failing firm would exit the relevant market.

Failing Division

A similar argument can be made for “failing” divisions as for failing firms.

First, upon applying appropriate cost allocation rules, the division must have a negative cash flow on an operating basis.

Second, absent the acquisition, it must be that the assets of the division would exit the relevant market in the near future if not sold. Due to the ability of the parent firm to allocate costs, revenues, and intracompany transactions among itself and its subsidiaries and divisions, the Agency will require evidence, not based solely on management plans that could be prepared solely for the purpose of demonstrating negative cash flow or the prospect of exit from the relevant market.

Third, the owner of the failing division also must have complied with the competitively preferable purchaser requirement

Although at present the majority of M&A advice is provided by full-service investment banks, recent years have seen a rise in the prominence of specialist M&A advisers, who only provide M&A advice. These companies are sometimes referred to as Transition Companies, assisting businesses often referred to as “companies in transition.” To perform these services in the US, an advisor must be a licensed broker dealer, and subject to SEC (FINRA) regulation.

 

Poison bill

The poison pill was invented by noted M&A lawyer Martin Lipton of Wachtell, Lipton, Rosen & Katz, in 1982, as a response to tender-based hostile takeovers. Poison pills became popular during the early 1980s, in response to the increasing trend of corporate raids.

Poison pill is a term referring to any strategy, generally in business or politics, to increase the likelihood of negative results over positive ones for a party that attempts any kind of takeover. It derives from its original meaning of a literal poison pill carried by various spies throughout history, taken when discovered to eliminate the possibility of being interrogated for the enemy’s gain.

It was reported in 2001 that since 1997, for every company with a poison pill that successfully resisted a hostile takeover, there were 20 companies with poison pills that accepted takeover offers. The trend since the early 2000s has been for shareholders to vote against poison pill authorization, since, despite the above statistic, poison pills are designed to resist takeovers, whereas from the point of view of a shareholder, takeovers can be financially rewarding.

Common types of poison pills

Preferred stock plan
Flipover rights plan
Ownership flip-in plan
Back-end rights plan
Voting plan

Constraints and legal status

Following the development of poison pills in the 1980s, the legality of their use was unclear in the United States for some time. However, poison pills were upheld as a valid instrument of Delaware corporate law by the Delaware Supreme Court in its 1985 decision Moran v. Household International, Inc.

Many jurisdictions other than the U.S. view the poison pill strategy as illegal, or place restraints on their use.

Canada

In Canada, almost all shareholders rights plans are “chewable”, meaning they contain a permitted bid concept such that a bidder who is willing to conform to the requirements of a permitted bid can acquire the company by take-over bid without triggering a flip-in event. Shareholder rights plans in Canada are also weakened by the ability of a hostile acquirer to petition the provincial securities regulators to have the company’s pill overturned. A notable Canadian case before the securities regulators in 2006 involved the poison pill of Falconbridge Ltd. which at the time was the subject of a friendly bid from Inco and a hostile bid from Xstrata plc, which was a 20% shareholder of Falconbridge. Xstrata applied to have Falconbridge’s pill invalidated, citing among other things that the Falconbridge had had its pill in place without shareholder approval for more than nine months and that the pill stood in the way of Falconbridge shareholders accepting Xstrata’s all cash offer for Falconbridge shares. Despite similar facts with previous cases in which securities regulators had promptly taken down pills, the Ontario Securities Commission ruled that Falconbridge’s pill could remain in place for a further limited period as it had the effect of sustaining the auction for Falconbridge by preventing Xstrata increasing its ownership and potentially obtaining a blocking position that would prevent other bidders from obtaining 100% of the shares.

United Kingdom

In Great Britain, poison pills are not allowed under Takeover Panel rules. The rights of public shareholders are protected by the Panel on a case-by-case, principles-based regulatory regime. One disadvantage of the Panel’s prohibition of poison pills is that it allows bidding wars to be won by hostile bidders who buy shares of their target in the marketplace during “raids”. Raids have helped bidders win targets such as BAA plc and AWG plc when other bidders were considering emerging at higher prices. If these companies had poison pills, they could have prevented the raids by threatening to dilute the positions of their hostile suitors if they exceeded the statutory levels (often 10% of the outstanding shares) in the rights plan. The London Stock Exchange itself is another example of a company that has seen significant stakebuilding by a hostile suitor, in this case the NASDAQ. The LSE’s ultimate fate is currently up in the air, but NASDAQ’s stake is sufficiently large that it is essentially impossible for a third party bidder to make a successful offer to acquire the LSE.

Takeover law is still evolving in continental Europe, as individual countries slowly fall in line with requirements mandated by the European Commission. Stakebuilding is commonplace in many continental takeover battles such as Scania AB. Formal poison pills are quite rare in continental Europe, but national governments hold golden shares in many “strategic” companies such as telecom monopolies and energy companies. Governments have also served as “poison pills” by threatening potential suitors with negative regulatory developments if they pursue the takeover. Examples of this include Spain’s adoption of new rules for the ownership of energy companies after E.ON of Germany made a hostile bid for Endesa and France’s threats to punish any potential acquiror of Groupe Danone.

Takeover Defenses

Poison pill is sometimes used more broadly to describe other types of takeover defenses that involve the target taking some action. Although the broad category of takeover defenses (more commonly known as “shark repellents”) includes the traditional shareholder rights plan poison pill. Other anti-takeover protections include:

Classified boards with staggered terms.
Limitations on the ability to call special meetings or take action by written consent.
Supermajority vote requirements to approve mergers.
Supermajority vote requirements to remove directors.
The target adds to its charter a provision which gives the current shareholders the right to sell their shares to the acquirer at an increased price (usually 100% above recent average share price), if the acquirer’s share of the company reaches a critical limit (usually one third). This kind of poison pill cannot stop a determined acquirer, but ensures a high price for the company.
The target takes on large debts in an effort to make the debt load too high to be attractive—the acquirer would eventually have to pay the debts.
The company buys a number of smaller companies using a stock swap, diluting the value of the target’s stock.
The target grants its employees stock options that immediately vest if the company is taken over. This is intended to give employees an incentive to continue working for the target company at least until a merger is completed instead of looking for a new job as soon as takeover discussions begin. However, with the release of the “golden handcuffs”, many discontented employees may quit immediately after they’ve cashed in their stock options. This poison pill may create an exodus of talented employees. In many high-tech businesses, attrition of talented human resources often means an empty shell is left behind for the new owner.
The practice of having staggered elections for the board of directors. In some companies, certain percentages of the board (33%) may be enough to block key decisions (such as a full merger agreement or major asset sale), so an acquirer may not be able to close an acquisition for years after having purchased a majority of the target’s stock. As of December 31, 2008, 47.05% of the companies in the S&P Super 1500 had a classified board.

Peoplesoft guaranteed its customers in June 2003 that if it were acquired within two years, presumably by its rival Oracle Corporation, and product support were reduced within four years, its customers would receive a refund of between two and five times the fees they had paid for their Peoplesoft software licenses. The hypothetical cost to Oracle was valued at as much as US$1.5 billion. Peoplesoft allowed the guarantee to expire in April 2004. If PeopleSoft had not prepared itself by adopting effective takeover defenses, it is unclear if Oracle would have significantly raised its original bid of $16 per share. The increased bid provided an additional $4.1 billion for PeopleSoft’s shareholders.

Conclusion

The Merger Guidelines issued by the U.S. Department of Justice in 1984 and the Statement of the Federal Trade Commission Concerning Horizontal Mergers issue in 1982. The Merger Guidelines may be revised from time to time as necessary to reflect any significant changes in enforcement policy or to clarify aspects of existing policy. Burden with respect to efficiency and failure continues to reside with the proponents of the merger. Sellers with market power also lessen competition on dimensions other than price, such as product quality, service, or innovation. The Clayton Act prohibits mergers that may substantially lessen competition “in any line of commerce . . . in any section of the country.” Accordingly, the Agency normally assesses competition in each relevant market affected by a merger independently and normally will challenge the merger if it is likely to be anticompetitive in any relevant market. In some cases, however, the Agency in its prosecutorial discretion should consider efficiencies not strictly in the relevant market, but inextricably linked with a partial divestiture or other remedy feasible to eliminate the anticompetitive effect in the relevant market without sacrificing the efficiencies in the other market(s).

The Agency should consider the effects of cognizable efficiencies with no short-term, direct effect on prices in the relevant market. Delayed benefits from efficiencies should be given less weight because they are less proximate and more difficult to predict. 

Reference:

http://www.investopedia.com/articles/forex/05/MA.asp | accessdate = 2007-06-17.
http://en.wipipedia.org/wifi/mergers & acquistions note 6 to note 19.
http://www.csdpj.gov/atr/hmerger N.38 and N.39
Television Sets Corporate – Mergers & Acquisitions

 

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[1] Assistant Professor, P.G. and Research Department of Corporate Secretaryship, Bharathidasan Government College for Women, Puducherry – 605 003. Email:  www.sensri68@rediff.com

A DIAGNOSIS ON HICCUP OF MERGER AND ACQUISITION

Introduction:

The phrase mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling and combining of different companies that can aid, finance, or help a growing company in a given industry grow rapidly without having to create another business entity.

Acquisition/Takeover

 

Achieving acquisition success has proven to be very difficult; while various studies have showed that 50% of acquisitions were unsuccessful the acquisition process is very complex, with many dimensions influencing its outcome.

The buyer buys the shares, of the target company ownership control of the company conveys effective control over the assets of the company, but since the company is acquired intact as a going business, this form of transaction carries with it all of the liabilities accrued by that business over its past and all of the risks that company faces in its commercial environment.
The buyer buys the assets of the target company and the sell-off is paid back to its shareholders by dividend or through liquidation. This type of transaction leaves the target company as an empty shell, if the buyer “cherry-pick” the assets that it wants and leaves out the assets and liabilities that it do not.

Mergers

 

There are two types of mergers that are distinguished based on finance. Each has certain implications for the companies involved and for investors:

Purchase mergers is a kind of merger when one company purchases another. The purchase is made with cash or through the issue of some kind of debt instrument; the sale is taxable.

Acquiring companies often prefer this type of merger because it can provide them with a tax benefit. Acquired assets can be written-up to the actual purchase price, and the difference between the book value and the purchase price of the assets can depreciate annually, reducing taxes payable by the acquiring company.

Consolidation mergers are merger, where a brand new company is formed and both companies are bought and combined under the new entity. The tax terms are the same as those of a purchase merger.

A unique type of merger called a reverse merger is used as a way of going public without the expense and time required by an IPO. The occurrence of a merger often raises concerns in antitrust circles. Devices such as the Herfindahl index can analyze the impact of a merger on a market Regulatory bodies such as the European Commission, the United States Department of Justice and the U.S. Federal Trade Commission investigates anti-trust cases for monopolies dangers, and have the power to block mergers.

Accretive mergers are those in which an acquiring company’s earnings per share (EPS) increase. An alternative way of calculating this is if a company with a high price to earnings ratio (P/E) acquires one with a low P/E.

Dilutive mergers are mergers where a company’s EPS decreases. The company will be one with a low P/E acquiring one with a high P/E.

The completion of a merger does not ensure the success of the resulting organization; indeed, many mergers result in a net loss of value due to problems. Correcting problems caused by incompatibility—whether of technology, equipment, or corporate culture— diverts resources away from new investment, and these problems may be exacerbated by inadequate research or by concealment of losses or liabilities by one of the partners. Overlapping subsidiaries or redundant staff may be allowed to continue, creating inefficiency, and conversely the new management may cut too many operations or personnel, losing expertise and disrupting employee culture. These problems are similar to those encountered in takeovers. For the merger not to be considered a failure, it must increase shareholder value faster than if the companies were separate, or prevent the deterioration of shareholder value more than if the companies were separate.

Mergers Vs acquisitions

Although they are often uttered in the same breath and used synonymous, the terms merger and acquisition mean slightly different things.

In the pure sense of the term, a merger happens when two firms, often of about the same size, agree to go forward as a single new company rather than remain separately owned and operated. This kind of action is more precisely referred to as a “merger of equals”.

In practice, however, actual mergers of equals don’t happen very often. Usually, one company will buy another and, as part of the deal’s terms, simply allow the acquired firm to proclaim that the action is a merger of equals, even if it is technically an acquisition. Being bought out often carries negative connotations, therefore, by describing the deal euphemistically as a merger, deal makers and top managers try to make the takeover more palatable.

A purchase deal will also be called a merger when both CEOs agree that joining together is in the best interest of both of their companies. But when the deal is unfriendly – that is, when the target company does not want to be purchased – it is always regarded as an acquisition. Whether a purchase is considered a merger or an acquisition really depends on whether the purchase is friendly or hostile and how it is announced

Mergers are generally differentiated from acquisitions partly by the way in which they are financed and partly by the relative size of the companies. Various methods of financing an M&A deal exist:

a)      Payment by cash – Such transactions are usually termed acquisitions rather than mergers because the shareholders of the target company are removed from the picture and the target comes under the (indirect) control of the bidder’s shareholders alone.

b)      Financing capital – capital may be borrowed from a bank, or raised by an issue of bonds. Alternatively, the acquirer’s stock may be offered as consideration. Acquisitions financed through debt are known as leveraged buyouts if they take the target private.

c)      Hybrids – An acquisition can involve a combination of cash and debt or of cash and stock of the purchasing entity.

d)     Factoring – Factoring can provide the extra to make a merger or sale work. Hybrid can work as ad e-denit.

The Great Merger Movement of USA

The Great Merger Movement was a predominantly U.S. business phenomenon that happened from 1895 to 1905. During this time, small firms with little market share consolidated with similar firms to form large, powerful institutions that dominated their markets. It is estimated that more than 1,800 of these firms disappeared into consolidations, many of which acquired substantial shares of the markets in which they operated. The vehicle used was so-called trusts. To truly understand how large this movement was—in 1900 the value of firms acquired in mergers was 20% of GDP. In 1990 the value was only 3% and from 1998–2000 it was around 10–11% of GDP. Organizations that commanded the greatest share of the market in 1905 saw that command disintegrate by 1929 as smaller competitors joined forces with each other. However, there were companies that merged during this time such as DuPont, Nabisco, US Steel, and General Electric that have been able to keep their dominance in their respected sectors today due to growing technological advances of their products, patents, and brand recognition by their customers. The companies that merged were mass producers of homogeneous goods that could exploit the efficiencies of large volume production. The “quick mergers” involved mergers of companies with unrelated technology and different management. As a result, the efficiency gains associated with mergers were not present. The new and bigger company would actually faced higher costs than competitors because of these technological and managerial differences. Thus, the mergers were not done to see large efficiency gains; they were in fact done because that was the trend at the time.

Changing motives of Merger and Acquisitions

Acquiring firms’ financial performance does not positively change as a function of their acquisition activity. Motives for merger and acquisition that may not add shareholder value include:

Diversification: This may hedge a company against a downturn in an individual industry it fails to deliver value, since it is possible for individual shareholders to achieve the same hedge by diversifying their portfolios at a much lower cost than those associated with a merger.
Manager’s hubris: Manager’s overconfidence about expected synergies from M&A which results in overpayment for the target company.
Empire-building: Managers have larger companies to manage and hence more power.
Manager’s compensation: Executive management teams had their payout based on the total amount of profit of the company, instead of the profit per share, which would give the team a perverse incentive to buy companies to increase the total profit while decreasing the profit per share.

A study published in the July/August 2008 issue of the Journal of Business Strategy suggests that mergers and acquisitions destroy leadership continuity in target companies’ top management teams for at least a decade following a deal. The study found that target companies lose 21 percent of their executives each year for at least 10 years following an acquisition – more than double the turnover experienced in non-merged firms.

 

 

Marketplace difficulties

In many countries, no marketplace exists for the mergers and acquisitions of privately owned small to mid-sized companies. Market participants often wish to maintain a level of secrecy about their efforts to buy or sell such companies. Their concern for secrecy usually arises from the possible negative reactions a company’s employees, bankers, suppliers, customers and others seek a transaction to become known. This need for secrecy has thus far thwarted the emergence of a public forum or marketplace to serve as a clearinghouse for this large volume of business. In USA, a Multiple Listing Service (MLS) of small businesses for sale is maintained by organizations such as Business Brokers of Florida (BBF). Another MLS is maintained by International Business Brokers Association (IBBA).

The process by which a company is bought or sold can prove difficult, slow and expensive. A transaction typically requires six to nine months and involves many steps. Locating parties with whom to conduct a transaction forms one step in the overall process and perhaps the most difficult one. Qualified and interested buyers of multimillion corporations are hard to find. Even more difficulties attend bringing a number of potential buyers forward simultaneously during negotiations. Potential acquirers in an industry simply cannot effectively “monitor” the economy at large for acquisition opportunities even though some may fit well within their company’s operations or plans.

An industry of professional “middlemen” known as intermediaries, business brokers, and investment bankers exists to facilitate M&A transactions. These professionals do not provide their services cheaply and generally resort to previously-established personal contacts, direct-calling campaigns, and placing advertisements in various media. In servicing their clients they attempt to create a one-time market for a one-time transaction. Stock purchase or merger transactions involve securities and require that these “middlemen” be licensed broker dealers under FINRA (SEC) (USA) in order to be compensated as a percentage of the deal. Marketing problems typify any private negotiated markets. Due to this problem and other problems like much more strenuous conditions for mid-sized companies. Mid-sized business brokers have an average life-span of only 12–18 months and usually never grow beyond 1 or 2 employees.

The market inefficiencies can prove detrimental for a sector of the economy. An important and large sector of the entire economy is held back by the difficulty in conducting corporate M&A. Furthermore, it is likely that since privately held companies are so difficult to sell they are not sold as often.

Previous attempts to streamline the M&A process through computers have failed to succeed on a large scale because they have provided mere “bulletin boards” – static information that advertises one firm’s opportunities. Users seek other sources for opportunities just as if the bulletin board were not electronic. A multiple listings service concept was not used due to the need for confidentiality but there are currently several in operations. The most significant of these are run by the California Association of Business Brokers (CABB) and the International Business Brokers Association (IBBA) These organizations have effectivily created a type of virtual market without compromising the confidentiality of parties involved and without the unauthorized release of information.

One part of the M&A process

s.senthil srinivasan, Assistant Professor, P.G. and Research Department of Corporate Secretaryship, Bharathidasan Government College for Women, Puducherry ? 605 003. Email:

Crop Damages by Wild Animals Global View Country Report and Reviews in 1-10 Sections

Crop Damage by Wild Animals

section i general discussions

G.M. Wani

Ph.D ; D.V.M (Germany)

FN ISSGAPU, FN DAAD

Director Extension Education / SAMETI

Sher-e-Kashmir University of Agricultural Sciences and Technology of Kashmir

Shalimar, Srinagar, 191121

 

 

 

A brief global review to asses the damage caused to cultivated crops by wild animals around the world. The review was attempted in response to a recommendation of ICAR Regional Committee No.1 held in Oct, 2007 at Solan, H.p. presided over by Hon’ble Director General, ICAR Dr. Mangala Rai inauguration was chaired by Hon’ble Agriculture Minister J&K, Jenab Ab. Aziz Zargar.

                                                                Author

 

                                   

 

 

 

Published by:  Director State Agricultural Management and Extension Training Institute of Kashmir (SAMETI-K) , SKUAST-K , Shalimar , Post Box: 461, G.P.O, Srinagar.

 

 

                     Publication No: SAMETI/Pub/3/1000/January, 2008

 

 

 

P.O.Box: 461, GPO, Srinagar, E.Mail: Wanimohyuddin@yahoo.com

          Phone:       0194-2461317,0194-2463460,0194-2463459 

          Cell:         09419095342 ; Residence:0194-2431508,2435741

 

 

 

Introduction:

 

       Wild animal-human conflicts have started since beginning of human era from Adam and Eve. This conflict of wilderness made man to hide in caves and he was called as “Cave man”. Slowly, with his advancement it is he who invented Axe and other weapon in stone and iron ages to frighten the wild animals, initially. Later on he hunted them to save himself. This feeling of uncertainty and fear of wild animals and wilderness reduced with the invention of fire. He made sharp weapons of bones and iron. These initial weapons were the beginning of this conflict, Animal human conflict.

Thirty thousand years ago, the human population rose to 6 million. They were still hunters. With the invention of fire, he set fire a vast majority of sanctuaries, which scared wild life and they migrated from his neighborhood. Many forests, hills and difficult terrains were still beyond the reach of man three thousand years before, although human population has increased to 60 million. Man has already started primitive agriculture. He had made his terrains and wild life scared by him left his close habitats and searched for fresh abodes. Man by now had lust for fur, horns, ornaments and other forest resources. He invented many means to frighten whole wild life. He became a “Danger “not only for wild animals but for his own species, environment and eco-biodiversity.

Three hundred years ago he industrialized crop production and produced enough food, for nearly 600 million people. This continued and from 30 year now he is feeding 6000 million people. Today we have a global food security for 7.5 billion. Human food security gains resulted in reduction of all other wild species, thus, the origin of wild- life- human conflict is the lust of man for more food, more luxury or sometimes fun for hunting or fur. This reduced wild life reserves and now a open conflict came into existence.

Many man-wild life conflicts have been reported from Gir forests of Gujarat, Rajaji National Park in UP and many other states where forest lands became cultivable lands. Elephants, wild boars, monkeys, squirrels, deer , birds like crows, parakeets, wild dogs, jackals, gaur, sambur, langure, fowls, pea cocks, neilgai, Hippos, biats, blackbirds, rodents, wild pigs, feral species, primates, beetles, foxes, pigeons, feral hogs and a variety of other species damage crops. The carnivores even attack human too. These attacks are for search of food or their loss of habitat. Many such accidents came to be known in Jammu and Kashmir. The bear leopod and other wild animals are reducing in number. Their habitats used by human.

The human causalities are due to carnivorous species, but herbivores inflict economic and human losses too. The crop damages by wild life has been the new threat to agricultural productivity throughout the world. This also concerns us in Asia and India. This review is aimed to find out:

1.       Extent of damage to crops.

2.       Nature of crop damage

3.       Ways and means to prevent these losses.

4.       A strategic planning to drive a line between wildlife conservation and farm economics especially in India.

 

Executive Abstracts and Strategic elementaries: [EASE]

1.     Importance

                   Species causing crop damages ranges from elephant’s wild birds, monkeys, squirrels, deer, parakeet, wild dogs, foxes, deer and many others like Neilgai. On an average this damage to crops by wild animals amounts to U$ 961 per hectare. It is much more than an Indian Farmer earns from a hacter annually. Therefore, by these estimates, the damages are spectacular and economically important.

2.       Human Elephant conflicts (HEC):

          i) Economic Losses:

                   Among elephants crop raiding is common. The crops near their home ranges are damaged more. Elephants damaging crops had twice big ranges than those who did not damage the crops. Thus, more proximity of the crops near their ranges are prone to crops damages. Train accidents instigate elephants more to crop or human damages. Indonesia saw more frequent raids of elephants on crops. Human elephant conflict (HEC) is frequent and poses serious challenges in Africa. Both male groups and family group attacks have been observed. HEC losses in West Bengal were worth 3.2 croses of Rupees. This damage occurred in 3368sq kms.radius. The numerical number of elephants was 62 only. Assam observes damages to the woodcutters by elephants Asian wild Elephants raid and damage crops in herds of 10-13 individuals or big herds comprising 50-74 elephants. In Darjeeling district alone over an area of 200 kms. East to west, in last two decades 277 houses were demolished by elephants, killing 66 people in 5 districts. As a result of this conflict 23 elephants lost their lives. In 2001, economic loss of the order of US fifty thousand dollars was estimated to be inflicted by elephants. This scenario necessitates comprehensive measures to be taken to lessen these damage. The review of the measures, around the world suggest following few studies to be undertaken and resultant measures to be applied to lessen these damages.

ii)     Mitigation of losses:

          Methods developed and used to mitigate crop damages by elephants consisted of frightening of animals by drum beating, firegracks or even air gun fires. Guarding the crops by fences or even using electric fencing or raising poles and wiring may be effective. Chemical based deterrents, and electric fencing have been found to reduce crop damages. High voltage electric fencing using energizers in west have prevented wild animals damaging crop but this preposition may not be applicable in areas where even habitations do not have access to electricity. However, this method may act as a temporary boundary separating wild and domestic habitats. This could prevent intrusions from sly vatic to domestic foci. Guarding fields, digging trenches, modifying cropping patterns have a possibility of reducing man elephant conflicts or Human elephant conflicts. A 30% open space between two habitats may help to avoid HEC. This means a distance to be maintained between cropping fields and elephant habitates. A proper investigation on these lines is needed. A grid based geographical information system (GIS) with a 25Km2 resolution may help to have cost effective data source to analyze these situations. There is urgent need of identifying spatial predictors of HEC. On the basis of this study one can suggest or plan mitigation strategies, early warnings of attacks, use of barriers and deterrents. The utility of the methods could be assessed for land use and livelihood strategies to limit HEC.

 

3.       Dear-Nilgai Damages.

          A survey of 2500 farms in UK revealed that 69% (n=192) cereal crops were damaged by deer. This damage costed £500 per annum per farm. Damages varied with deer density. In USA too deer damages comprised of crop loss, landscape damages, car accidents and property damages. Nilgai damages alongwith deer damages are common in India too. Tree cover of Acacia in the area is generally used as shelter by Nilgai. We have encountered huge crop damage in Mathura (CIRG) and nearby area by Nilgai visits. Grazing and browsing of Nilgai inflict losses on farms. This is regarded as a mammalian crop threat by the farmers. This behaviour of their inflict ozone injury to the young sapling, so precious for the growth of trees in Indian semi-arid farms.

 

          Corn damages by deer in USA amounts to 6.6.% per hectare. In an area where a farmer owned 125 hectare on an average 55 hectares were used to sow corn. There is a 6.6% loss of the product which is a huge economic loss. Similar damages by deer in Ontario, Canada, Portugal, Japan, South America and other parts of the world have been reviewed. In Virginia too a study involving 1506 agricultural producer farmers revealed 58% of them experiencing deer damages. Ways and means to prevent such attacks on crops have been reviewed. Most of the possible measures to be adopted are similar to these described for elephants (HEC).

 

4.    Other Mammal and bird damages

 

          Monkey damages maize, sweet potato and other crops. It is suggested to reduce or change cropping pattern or alternating with non-agricultural activities near location of monkey habitats. Various methods are reviewed. Bat damage, Hygo crop damages in Japan, Grape wine damages by bats in Andra Pradesh, India have been studied. Crop economic loss assessment has been reviewed in these pages. Clover rather than grass can reduce wild mammal damages. Alley cropping of black walnuts helped to save soyabean and maize crop damages. Pesticide damages wildlife and minimize their attacks, enclosures and other electric fencing help to avoid such damage. Can one use harmful means to save crops, need a suitable strategy to preserve ecology and biodiversity. Both crops and wild animals need security and conservation. A management strategy is needed to safeguard human and wildlife equally.  A policy framework is envisaged.

 

          Blackbird crop damage in USA amounts to 5-8 million dollars. A considerable sum of crores of rupees have been estimated to be damages in the form of crop, human and property losses by wild animals, birds and other rodents in India. Many measures to reduce these losses are needed and have been reviewed.

 

 

 

 

 

Review

1. Wild animals damaging crops

To elephants wild boar, porcupine, rheus macaque (Macaca mulatta), hoary-bellied squirrel, barking deer (Muntiacus muntjak), red-breasted parakeet (Psittacula alexandri), and wild dog are wild animals damaging crops.

Methods developed and being used to mitigate man-wildlife conflict include, frightening the animals; guarding the crops; and using some sort of scarecrow and traps (Miah et al 2001).

Accurate estimation of crop damage by wildlife (raccoons, white-tailed deer, and coyotes) often requires labour-intensive sampling procedure. Variable area transect (VAT) sampling has been identified as a potential labour-saving alternative to quadrat sampling ( Engerman et al 2002).

 

2. Wild life Human conflicts

Agricultural landowners suffer in the form of damage to crops, livestock, and other property. Some wildlife agencies maintained abatement and compensation programmes. A model of deer-inflicted crop damage used to facilitate agency decisions regarding deer densities and distribution, abatement use, and to forecast compensation. The model is applied to field-level compensation claims in Wisconsin, USA. The results are consistent with theory, ( Yoder J, 2002).

 

3.  Crop Economic loss due to wild life

          People’s perceptions were discerned through participatory discussions covering 419 households distributed in 10 villages in the buffer zone. Traditional uncodified rights of local people were substantially reduced through policy interventions set in since 1860s. Local people as well as tourists have been excluded from the core zone covering an area of 625 km2 since 1982. Deterioration of rural economy due to damage to crop and livestock by wildlife and, termination of opportunities of income from wild medicinal plant resources and tourism in the core zone were the key negative impacts of conservation policy felt by more than 90% of respondents. Mean annual economic loss per household was estimated as Rs.1285, Rs. 1195 and Rs.156 due to damage caused by wildlife to food crops, fruit trees and beehives, respectively, Rs. 1587  due to ban on collection of wild medicinal plants for marketing and Rs.7904 due to ban on tourism in the core zone. The Reserve authority granted compensation for livestock killed by wildlife but it was hardly 5% of the market value of killed livestock as assessed by the people. People did not appreciate much the present benefits from the reserve management in the form of wages for carrying out afforestation work, partial compensation for livestock depredation and availability of solar power devices, wool, and spinning devices. Approximately 95% respondents identified empowerment of local people in respect of realizing income from timber from dead/diseased trees in community forests, income from medicinal plants in buffer zone and opening of the core zone for tourism as potential development options. Improvement in rural economy, the prime concern of local people, has not received as much attention as legal enforcement of protection by the reserve management. There is a need for developing policies and management actions that serve the economic interests of local people together with enhancement of environment conservation goal (Maikhuri et al 2001).

 

4.  Crop selection:

Damage was less (34%) in experimental carrot as multiple crop than  carrots as only crop planted (62% damage). Staggered plantings of canola, which continuously produced flowers, was the most effective lure crop of the green manure crops we tested. Carrot producers should use electric fences or 2.4-m woven wire fences, perhaps combined with staggered canola plantings, to reduce carrot depredations ( Schwab et al 2001).

          The colver, rather than fertilized grass, is more effective cover crop on AFAs, against damage by migratory geese. The sward should be managed to encourage clover growth, which would probably involve frequent cutting but no fertilizer. Further research is needed on clover replenishment rate over the winter season and possible benefits of clover leys to other wild life (McKay et al 2001). Alley cropping of black walnuts and percent with maize and soyabean rotations may avoid will animal damages. Tree –crop ratio of 1:10 may help( Godsey, 2000).

 

5.  Elephan- human conflicts:

Conflicts between elephants (Elephas maximus) and human occur in Rajaji National Park (RNP), Uttar Pradesh, one of eleven reserves designated in India, to conserve Asian elephants. Elephant-human. The conflicts in RNP from 1996 to 1999 were studied, and all human and elephant deaths or injuries caused by conflict were recorded. The impact of human colonies on elephant movement was studied in 18 villages along 17 km of the sourthern boundary of the study site and 4 village in the Chilla-Motichur corridor. Three male and four female elephants were radio tracked for 1-2 years. Primary conflicts included crop raiding, competition between humans and elephants for vegetation, and elephant mortality due to train accidents. Adult males that raided crops had home ranges twice as large as adult males that did not raid crops. Elephants only damaged crop of fields that occurred within their home ranges. Field trails of chemical based deterrents and electric fencing should be tried to reduce crop damage. Train speeds need to be reduced to prevent accidental elephant mortality (Williams et al 2001).

 

Wild Elephant damages:

          A rapid village and field assessments, data survey showed. Elephants raided crops at a rate of 0.53 elephants per day in Indonesia. The frequency of crop raiding was related to vegetation type along the park border, the size and presence of rivers, and the distance to the park’s Elephant Training Centre (ETC), which houses about 150 captive elephants. Wild elephants damaged at least 450000  m2 of maize, rice, cassava, beans and other annual crops, and close to 900 coconut, banana and other perennial trees in the area surveyed. Elephants killed or injured 24 .Villagers try to reduce elephant damage by guarding fields, digging trenches between the park and their fields, and modifying their cropping patterns. Elephants-human conflict decreases the probability of support from local people for conservation efforts. The approaches are suggested consist of elephant trenches, electric fences, external support to affected villages, and compensation to villagers for any damage caused (Nyhus et al 2000).

          This study explores land use conflict in south east Kajiado District, Kenya. The results of household surveys conducted with farmers and herders in 1977 and 1996 to examine changes in land management strategies are compared. The conflict reflects ongoing competition over access to scarce land and water resources between herding, farming and wildlife are the reason of damage of crops. This man-animal conflict needs understanding the conditions that have created the present conflicts (Compbell et al 2000).

It is, therefore, suggested that 30% open space be used as a basic division for stratifying thickets into low –use and high-use categories for deer density estimation. The proportions of each type could be derived from grid-square measurements of aerial photographs (Latham J 2000).

 

 

Human elephant conflict

          Human-elephant conflict (HEC) in Africa occurs wherever these two species coincide, and poses serious challenges to wild life managers, local communities and elephants alike. Mitigation requires a details understanding of underlying patterns and processes. Although temporal patterns of HEC are relatively predictable, spatial variation has shown few universal trends, making it difficult to predict where conflict will take place. Crop raiding was further subdivided into incidents involving only male elephants or family groups. A relatively fine-resolution, systematic, grid –based method was used to assign the locations of conflict incidents, and spatial relations with underlying variables were explored using correlation analysis and logistic regression. Crop raiding was clustered into distinct conflict zones. Both occurrence and intensity could be predicted on the basis of the area under cultivation and, for male elephant groups, proximity to major settlement. Conversely, incidents human injury and death were less predictable but were correlated with proximity to roads. A grid-based geographical information system (GIS) with a 25km2 resolution utilizing cost-effective data source, combined with simple statistical  tools, was capable of identifying spatial predictors of HEC, At finer resolutions spatial autocorrelation compromised the analyses. Synthesis and application. These results suggest that spatial correlates of HEC can be identified, regardless of the sex of the elephants involved. Moreover, the method described here is fully transferable to other sites for comparative analysis of HEC. Using these results to map vulnerability will enable the development and deployment of appropriate conflict mitigation strategies, such as guarding, early warning systems, barriers and deterrents. The utility of such methods and their strategic deployment should be assessed alongside alternative land-use and livelihood strategies that limit cultivation within the elephant range (Sitati et al 2003).

          Human elephant conflicts (HEC) in west Bengal was an economic loss worth 3.2 crores. This much damage occurred in 3368 sq km radius inhibiting 62 elephants (Singh et al 2002)

 

6.   Kerala Survey

Crop damage by wild animals in Kerala, India, was studied from 1993 to 1996. Data were collected from the offices of the Kerala Forest Department, field survey and from the intensive study area at Marayur, Idukki District. Forty-five species of crops were destroyed by wild animals in Kerala, the species commonly destroyed by wild animals were paddy, coconut plam , plantains , cassava , arecanut, coffee, oil plam , pepper , jack tree, mulberry and manago. The main animals involved in crop damage were elephant (Elephas maximus), gaur (Bos gaurus),sambar (Cervus unicolor), wild boar (Sus scrofa), bonnet macaque (Macaca radiate), common langur (Presbytis entellus), blacknaped hare (Lepus nigricollis) and pea fowl (Pavo cristatus). Among these, elephants and  wild board gave maximum damage . Of the total compensation claimed by the farmers, only 8.2% was sanctioned by the Kerala Forest Department. The highest crop damage (30%) was recorded from the forest ranges coming under the Northern Circle: pinapple (47%) , sweet potato (47%), tapioca (42%), alocasia (39%) , beans (25%) and plantains (23%) recorded highest percentage of damage. In the intensive study area at Marayur, 28 species of crops were damaged and highest damage was during the summer months. At maximum damage was due to elephant (72%) followed by gaur (62%) , sambar (17%) and wild boar (16%) . Tiger (Panthera tigris), panther (leopard) (Panthera pardus) and wild dog (Conine alpinus) were the main cattle lifters in the state. A total of 31 deaths and 64 injuries caused by wild animals were recorded from the state during the period 1983 to 1993. Thirteen indigenous methods used for controlling the crop damage had been identified. High voltage electric fencing using energizer was effective for stopping elephants and other herbivores from entering the agriculture fields. Crop damage is found to be linked to the cropping pattern and location of the agriculture fields. Short term and long-term measures needed to prevent the crop damage are discussed (Jayson  EA,1999).

 

7.  Bird crop damages

 

Use of non-lethal method to avoid crop damages by bird have been reported. Blueberry damages by cedar waxwings (Bombycilla cedrotun were minimized. (Avery et al 2002).

 

8. Wild Bird damage

 

          In the northern Great Plains of USA,  conflicts between red-winged black birds (Agelaius phoeniceus) and sunflower (Helianthus annus)  growers have intensified since the late 1960s due  to the expanded  commercial production of sunflowers. We studied the potential population effects of the removal of up to 2 million red-winged blackbirds annually under a 5 year programme of baiting during spring with DRC-1339 (3-choloro-4 methalalanine) treated rice. They also examined whether lethal control, in combination with current levels of breeding habitat management, would be cost effective in decreasing depredation of sunflower crops during  late summer. They evaluated the cost benefit ration for 4 culling scenarios involving (1) variable annual cullus, not exceeding 2 million birds, with and without density compensation (i.e. ,a positive density-dependent response) on adult survival and (2) culls of 2 million birds annually with and without density compensation .We constructed a red –winged blackbird population model  represented as an age-based matrix and calibrated to stable growth. We assumed a total population of 27 million birds on 1 April (week 1), representing the red-winged blackbird breeding population staging in eastern Southern Dakota and migrating into North Dakota.Under each culling scenario, we reduced the stable red-winged blackbird population (Equally for females and males) and project the population through week 23 of the annual cycle (2 Sep). We then evaluated the associated costs of the management relative to potential sunflower crop losses, assuming $0.07 in damage per bird and  4% loss to other factors. Variable annual culls, likely the more biologically realistic model scenarios, yielded mean annual removals of 1 240 560 (SE=12 328) birds with density compensation and 1 231 620 (SE=28 811) birds without density compensation,, with cost benefit ratios of 1:2.3 and 1:3.6, respectively. Annual intrinsic rates for the model population over  the 5 year period ranged from 1-4 to 4.8%. Considering potential variability in the effectiveness of the cull and  the combination of direct and indirect costs,we contend  that the realized benefits to sunflower growers by lethal control of red-winged blackbiards via spring baiting , in combination with current nonlethal management efforts, would likely be negligible (Blackwell et al 2003).

          The efficacy of hydrolyzed casein (HC) and retail products that contain HC in reducing deer damage to trees and shrubs was determined in a field experiments conducted in USA during 2004-05. The results of the experiments indicate the suitability of HC as a deer repellent. Technical grade HC completely eliminated browsing damage to evergreen shrubs (Gaultheria shallon) and conifers (Thuja plicata). Retail sources of HC were not as effective as the pure hydrolyzed protein (Kimball et al 2005).

 

 

9. Blackbird damages

          The economic impact of blackbirds can be severe to rice producers in the United States. One approach to managing this damage is the application of bird-deterrent chemical to the crop. Previous pilot trials suggested that caffeine offered potential as a safe, economical bird repellent. In this study, cage feeding trials  with female red –winged blackbirds and male brown headed cowbirds confirmed that a treatment rate of 25000 ppm caffeine on rice seed reduced consumption as much as 76% . Trials with mixed species blackbirds flocks in  a 0.2-ha flight pen resulted in just 4% loss of caffine-treated rice compared to 43% loss of untreated rice. . Field trials of a 10 000 ppm caffeine treatment in Louisiana revealed > 90% of caffeine-treated rice seed remained unconsumed on days 2 and 3 of the study whereas blackbirds consumed > 80% of the untreated seed. As a rice seed treatment to deter blackbirds, caffeine appears to be effective, economical and environmentally safe, although additional aquatic toxicity testing is desirable. Improvements in formulation will be needed to make the compound practical for general agricultural spray applications and to extend the adherence of caffeine to rice seeds in field conditions ((Avery et al 2005).

 

10. Deer damage

A questionnaire was distributed to over 2500 farms to know damage  caused by lowland deer to crops, trees and vegetation. Results from the questionnaire showed that 69% (n=1192) of responding farmers had deer on their holdings and that Roe and Fallow were the most frequently seen species. On those farms with deer present, cereals were the most commonly damaged crop (44%), but only 15% of these farmers claimed that the annual cost of damage to cereals exceeded £500 each year for the whole farm. Validation assessments were based on two visits to assess deer damage to the crop, with a deer species/density assessment during the March assessment and an assessment of grain yield and quality during the August assessment. Respondents were generally accurate in the density and species of deer reported. The percentage of the farm suffering damage attributable to deer was very variable, generally being higher at the first assessment than the second. The figures calculated for yield loss were generally low, Farmers were poor at estimating the economic impact of deer damage when compared to validation data, but a number of parameters may have changed in the two years between the questionnaire distribution and validation, including changes in deer density, crop rotations, and the marked drop in grain prices, which may account for some of the inaccuracies. There were no statistically significant relationships between deer damage assessments and yield loss, either for individual species or both species combined. The relationship between Roe deer damage at the harvest assessment and Roe deer density was significant (Post et al, 2001).

Wildlife managers must consider the public’s preferences for wildlife population levels when determining management policies. 849 farmers, hunters and the general public of Maryland. USA, were surveyed in 1996 to determine their preferences for increasing, maintaining, or decreasing deer population numbers. Using a random utility theoretic framework, the factors that explain preferences such as residential location, socioeconomic characteristics, landscape damage, agricultural yield loss and vehicle accidents were analyzed. Results suggested that the majority of people benefit from deer and want to keep deer population at current levels. Other characteristics such as age, income, education, and residential location have minor or no impact on preferences. Property damage, crop loss, landscape damage, and car accidents appear to be the biggest concerns ( Curtis et al 2001).

 

11. Sika deer population in Japan

          Sika deer Cervus nippon population in eastern Hokkaido, Japan, increased rapidly during 1990-1998 . This increase appeared to have halted in 1999-2000, probably due to increased hunting and nuisance control. The period of rapid increase was associated with a disproportionately rapid increase in compensation paid for deer damage to crops. We studied changes in diet during 1990-2000, as reflected by stable isotope ratios of C and N in tooth collagen. We hypothesized that isotope ratios would demonstrate dietary shifts related to population levels and/or time, and that shifts in isotope ratios would be consistent with increasing individual  consumption of pasture grasses at higher population levels, delta 13C isotope ratios of tooth collagen in 3 year-old sika indicated a diet dominated by C3 plants throughout the period, and that forage species other than pasture grasses and dwarf bamboo Sasa nipponica ( the main crop and woodland understory plants,  respectively) were important elements. There was a significant decline in the delta 13C isotope ratio during  1990-2000 in both males and females, delta 15N values showed no trend with time for males, but increased over time in females. Indices of population (Sightings per Unit Effort, SPUE) were negatively correlated with female delta 13C, and positively correlated with female delta 15N, values indicating a shift in diet over the period , especially among females. This shift may be related to population and/or offtake levels, in particular  the rapid increase in female offtake for nuisance control and hunting during the period. The data are consistent with a relative increase in pasture grass consumption per individual at higher population levels, however, other  explanations of the data are equally plausible. Possible dietary changes, and other factors, influencing the observed shift in isotope ratios are discussed. Although statistically significant, the magnitude of dietary shifts  nevertheless appeared small, and did not provide evidence which would justify modifying the current policy, of limiting crop damage through managed population reduction to about 25% of peak levels( Halley et al 2006).

 

12.  White-tailed deer damages

          White-tailed deer (Odocoileus virginianus) may cause more damage than any other species of wildlife. These damages include crop loss, automobile and aviation collisions, disease transmission, environmental degradation, and destruction of ornamental  plantings. One practical method of controlling deer damage is the use of exclusionary fences. The relatively high cost of labor and materials required to build effective fences has limited most applications to the protection of orchards, vegetable farms, other high –value resources, and mitigation of human health and safety risks. Improvements in fence technology resulting in less expensive, yet effective fence have expanded the use of fence to manage damage caused by deer. Fence typically installed to manage white-tailed deer damage include wire or plastic mesh, electrified high-tensile steel wire, and electrified polytape or polyrope fence. They reviewed the scientific literature on fencing to determine which fence designs would be the most effective for excluding deer in a variety of situations (VerCauteren et al 2006).

          The installation of fences to protect agricultural products, natural resources, or other areas from deer (Odocoileus spp.) can be expensive and potential benefits of fencing are difficult to quantify. A rational method is needed to help evaluate whether fencing can be cost effective and which fence designs will be optimal for particular applications. They describe an interactive, dynamic simulation model that conducts economic analyses and predicts economic benefit associated with fences for crops relative to area and perimeter of protected plot, value of crop, percentage of crop damaged by deer annually prior to fencing, efficacy of fence, and costs of fence materials and labor. Users of the model can easily adjust these variables to fit their individual situations and needs. By running a series of simulations, model users can answer questions related directly to fence efficacy and cost-effectiveness (VerCauteren K et al 2006).

 

13. Corn damage by wild life

          Corn damages in USA were estimated at 6.6 per hac due to wild life. The white tailed deer was the wild animal responsible for loss. The average hacters owned by farmers were 125 out of which 55 hectares were sown corn. (Tzilkowsi et al 2002).

 

14.  Deer Damage

          Deer (Odocoileus spp.) can cause substantial damage to agricultural crops, resulting in economic losses for producers. They developed a deer activated bio-acoustic frightening device to reduce white-tailed deer (O, virginianus) damage in agricultural fields. The device considered of an infrared detection system that activated an audio component which broadcast recorded distress and alarm calls of deer. They tested the device against unprotected controls in cornfields during the silking-tasseling stage of growth in July 2001. The device was not effective in reducing damage: track-count indices (F1,4=0.02), corn yield (F1,9=1.27,P=0.289), and estimated damage levels (F1,10=0.87, P=0.374) did not differ between experimental and control fields. The size (F2,26=1,00,P=0.380), location (F2,25=0.39,P=0.684), and percent overlap (F2,25=0.20,P=0.818) of use-areas of radiomarked female deer did not differ between during and after treatment periods. They concluded that the deer-activated bio-acoustic device was not effective in protecting cornfields in this study; however, the device may be more effective in small areas such as gardens or for high value crops that do not grow tall enough to offer protective cover (Gilsdorf et al 2004).

          White –tailed deer (Odocoileus virginianus) cause millions of dollars of damage to agricultural crops annually . They tested the effectiveness of propane exploders and Electronic Guards (Pocatello Supply Depot, Pocatello, Id). For reducing deer damage in corn fields during the silking-tasseling stage of growth. Track-count indices (F2,7=0.70,P=0.532), corn yield (F2,6=0.14, P=0.873), and estimated damage levels (F2, 12=1,45 P=0.272) did not differ between experimental and control fields. The size (F2,11=0.08,P =0.924), Location  (F2,9=0.30, P=0.750), and percent overlap (F2,9=0.46, P=0.644) of use –areas of radiomarked female deer in the vicinity of experimental fields did not differ  among before, during and after 18 day treatment periods. In a related study, we placed propane exploders in cornfields within use-areas of 12 radiomarked female deer. The deer did not react appreciably to the devices; the size (F2, 17=0.08, P=0.921), location (F2,22=1.37, P=0.275), and percent overlap (f2,10=0.47, P=0.636) of deer use areas did not differ among before, during, and after 14 day treatment periods. They conclude that propane exploders and Electronic Guards have limited potential for reducing deer damage to corn at the silking-tasseling stage (Glisdorf et al 2004l.

 

          A welfare measure for wildlife damage to Ontario (Canada) field crop producers during the 1998 was. The welfare measure presented in this study provides a more accurate picture of losses from wildlife damage to agricultural. Other damage estimates based on yield loss overstate the damage since benefits from wildlife are netted out. Results for the Ontario field crop producers indicate that the magnitude of the difference between the value of the yield loss and the welfare measure of damage is approximately 50%. This difference indicates that most farmers were willing to tolerate the wildlife damage they experienced (Heigh et al 2001).

 

15. Grapevine damages

          In field trials in 1999-2000 in Gundla Pochampally, Andhra Pradesh, India , the incidence of damage to green grapevines was studied. Visits to the vines by bats begain around 45 minutes after sunset and foraging continued until 1 hour  before sunrise. Damage occurred to ripe fruit only, and increased around harvesting time, percentage damage ranged from 0 to 100% (Bhargavi et al, 2001).

 

16.   Hippo damage

          The introduction to the paper described the various ecological effects known to result from grazing, movement along paths, and wallowing by the common hippo. Hippopotamus amphibious. The study reported was carried out at Kainji Lake National Park., Nigeria, during  the dry season periods {of 1991 and 1992} . The method adopted by Agnew, A.D.Q. (East African Wildlife Journal (1966) 4, 38-46) was used to assess hippo foraging footprints at three hippo pool sites. A total of 32 footpaths were enumerated out of which 18 were located at Kaii hippo pool site, while the frequency of utilization of paths was also higher for this site relative to those in other area. The upstream-downstream trend in hippo occupancy of dry  season water pools could expose the hippo to crop damage conflicts at the peripheral areas.

 

17.  Hygo-Japan-mammal crop damages

 

          Mammals inhabiting  Hyogo consist of seven orders, 17 families and about 40 species. Except for Lagomorpha and  Artiodactyla, the remaining five orders among them include species which need some protection and they total about 55% of all species excluding extinct, introduced and feral species. Ecological information in Hyogo prefecture has been accumulated in few protection-required species there is no recent information of spatial distribution on Oriental water-shrew, Japanese noctule-bat and Japanese dormouse; and little information on Japanese shrew, Japanese horse-shoe bat, Japanese large –footed bat. Schreiber’s bent-winged bat, Japanese tube-nosed bat, common parti-colored bat, Japanese squirrel, Japanese small flying-squirrel, Japanese giant flying-squirrel, smith’s vole harvest mouse and Japanese badger. Damage and population managements is also necessary in sika deer and Japanese wild boar, to reduce their crop–damaging, and comprehensive management in Japanese black bear, an endangered local population, to prevent human-bear fatal accident. Habitat alteration due to human activities, however, has affected the population sizes and spatial distribution of all these, mammals in Hyogo. Habitat management has priority over damage. Fundamental and applied scientific studies and understanding of ecology and wildlife management science needs promotion by citizens (Mitani M 2000).

 

18. Monkey damage

 

          Forty-seven property owners in Entebbe, Uganda were questioned about vervet monkey activities on their property. The objective was to investigate the interactions between humans and vervet monkeys in an agricultural area adjacent to a forest zone. Other studies have reported that farms located within 300 m of a forested boundary probably incur the greatest risk of crop-raiding. Two other factors that may influence susceptibility to vervet crop-raiding were also examined: the types of crops grown and the types of direct preventive measures used. The effect of these two factors on vervet crop-raiding is not straight forward. However, the distance a property is located from the forest edge is an important factor influencing vervet crop raiding. Surveyed  gardens 200 m from the  forest edge received significantly less crop –raiding than farms located  100 or 50m (P=0.040,Saj et al 2001).

 

19. Bait damage

          The longevity of zinc phosphide (ZP) on whole wheat bait  was determined at the end of the “dry” and “wet” seasons,  is Western Australia.. While the total rainfall during the two trials was 74 mm and 155mm, substantial loss of ZP was recorded only after significant rainfall events. Irrespective of season, the loss of ZP from bait applied in bait stations was minimal. The maximum recorded loss was 17% and this occurred after  21 days’ exposure during the wet season where the bait stations were placed in-crop. Nevertheless, regardless of the application method, sufficient ZP always remained on the wheat bait. Theoretically  it was lethal to rats for at least 8-14 days (Twigg et al.,  2001).

20.Venezuela experience:

          In Venezuela, lethal control of wintering Dickcissels (Spiza Americana) is considered a threat to the species survival. To help farmers protect their rice and sorghum crops from by Dickcissels and to minimize the killing of large numbers of these birds, alternative non-lethal crop protection measures are needed. To that end, the responses of captive Dickcissels to three bird-repellent chemicals (anthraquinone,methyl anthranilate and methiocarb) applied to rice seed were evaluated. In one-cup feeding trials, treatments of methiocarb (0.05% g/g, applied as Mesurol 75%  wettable powder) and anthraquinone (0.5%, applied as Flight Control) reduced consumption of rice by 70% relative to pretreatment consumption. Other anthraquinone treatments (0.05,0.1%) and methyl authranilate (0.05%) were inrffective. In two –cup trials, with untreated millet as the alternative food, consumption of rice treated with 0.05 and 0.1%  anthraquinone was reduced by 90% relative to pretreatment levels. Overall, Dickcissels responded to the repellents similarly to the red-winged blackbird (Agelaius phoeniceus). Because Flight Control has been used successfully to reduce blackbird use of rice fields in the USA, the prospect is good for successful reduction of damage to repening rice by Dickcissels in Venezuela, particularly if repellent use is coupled with the establishment of alternative feeding sites ( Avery et al 2001). Deer selected carrots over all green manure crops.

 

21. Nilgai damages in India

           Crop-damage by nilgai has been widely reported from India.  Are give Nilgai is for increasing in this region. Lack of natural predators, deforestation overgrazing and the protection of these animals from Hindu communities are reasons for their overpopulation. Tree cover of Acacia are generally used by nilgai as a day time shelter but not food,  therefore it goes for crop-raiding in the late evening and at night, jumping across 6-7 feet high stone wall, barbed fencing and fences of dead or live thorny plant material and any other fencing/barrier made to protect the crop-. Due to habit of both grazing as well as browsing they devore every kind of farm species (both rabi and kharif crops). It has been observed that eating less but destroying more by trampling and causing damage are therefore regarded as serious mammalian crop pest and farmers wants to get ride of this unconventional pest. The farmers chase them away by just following them by making loud sound by crackers or air gun fires, following through tractors, empty tin or dried pumpkin filled with small stones and connected with strings. Technically, carrots(enclosures), trenching or power fencing are suggested to mitigate the crop damage. Secondly, animals could be translocated to wildlife sanctuaries from the sites they seen overcrowded or severe crop raiding problems (Goyal et al 2000).

 

22.  Pesticides and wildlife

A range of monitoring activities has shown impacts of anticholinesterase pesticides on UK wildlife, and continued risks are evident from laboratory and field experiments, together with the scale of use in the field. Along with other broad spectrum insecticides, many organophosphates have adverse direct effects on non-target arthropods in farmland, and so are likely to contribute towards indirect effects of pesticides on farmland biodiversity. The anticholinesterase insecticides have both lethal and sublethal effects on aquatic wildlife, however the history of recent incidents of damage to river ecology following the wider use of synthetic pyrethroid sheep dips, illustrates the need to consider the implications of changes in the use of alternative products when reviewing these insecticides ( Burn 2000).

 

          The use of anthraguinone-based flight control and methyl anthranilate-based non toxic avian foraging repellent we used to avoid crop damage by sandhill cranes. Thought both repellents were effective at deterring cranes from treated corn, neither has been tested on corn under field conditions. (Blackwell et al 2001).

          Oak seedlings were scientifically raised. Seedling mortality and wild life browse damages were minimal when certain herbicide mixture was used. Biologically and aesthetically, the procedure was extremely successful (Ezell et al 1999).

          Pre-commercially thinned (forests are less prone to moose damage (McLaren et al, 2000).

 

23.  Pesticide use in conflicts

          Pesticides can cause damage to man and beneficial organism. Some sub-lethal effects of pesticides were studied in birds with a view to identifying  characteristic biochemical responses that may be useful for the monitoring of exposure to sub-lethal levels in the field. Pesticides were used; demeton-S-methyl, (DSM),chlorpyriphos, chlorfenviphos, triazophos, pirimicarb, methiocarb and permethrin. Blood was collected before dosing, and 2,6,24,48 and 72 hours after the treatment from the brachial vein of birds. Enzyme, activities were assayed in the plasma or serum samples obtained. The assays used were GOT,MHD, GDH, SDH,GAMMA GT and ChE. The results showed an increase in plasma and serum GOT and gamma-GT levels were found in all animals treated with the previous pesticides. The level of ChE increased in birds after treatment with permethrin. It was concluded that the pesticides cause structural and functional changes in the liver and also, the measurement of the previous parameter activities may be useful for assessing exposure and sub-lethal effects of pesticides on the wildlife (Dahamna et al 2004).

 

 

24. IPM and crop losses

          The queensland sugar, industry has recently implemented a comprehensive integrated pest management (IPM) system to minimize crop losses from two antive rodent species, Rattus sordidus (canefield rat) and Melomy burtoni (climbing rat). These species inflicted approximately $25M of damage in a major outbreak in the  1999-2000 seasons. Both of these rodents are listed as common wildlife under the schedules of the queensland nature Conservation (Wildlife) Regulation 1994. The IPM programme is based on understanding the ecology and biology of each species. It incorporates a large-scale monitoring programme aimed at providing early warning of imminent rodent build up to avert major outbreaks. The industry has also  developed a memorandum of understanding with Queensland State Government, which delivers on the industry’s pest management needs, while providing an improved system of accountability for the taking of two of Queenslands native wildlife species. The consensus reached between the cooperating parties (The Bureau of sugar Experiment Stations, CANEGROWERS, regionally-based Cane Productivity Services, and the outcomes can be negotiated between rural industry and environmental interests (Hunt et al 2004)  .

          In Areas around Lake Mburo National Park ,large wild animals wander in close proximity to human settlement . This poses serious conflict in terms of crop damage. The integration of conservation with other land uses is difficult where densely settled agricultural land surrounds a protected area potentially containing problem animals, as is the case for several parks in Africa and Asia. The intensity of crop raiding was quantified through the use of random crop quadrants/plots and area estimation techniques in a portion of raided fields. The animal species concerned were documented from observations, footprints and any other marks left behind. Three variables were tested as predictors of damage; human population density, distance from the park boundary and season. In this study data is presented regarding crop loss in the different seasons of the year, analysis of crop damage variation and animal species involved in crop loss. A diverse assemblage of animals foraged on subsistence crops and analysis of crop damage revealed significant crop depreciation by wildlife( Kagoro et al 2004).

 

 

 

25.  Hawai Pest

          The apple snail, P.canaliculata, is an aquatic freshwater snail native to South America, Originally imported to Hawai’i as pets for the aquarium trade, they were soon introduced into wetland plots known as “lo’s” where taro (Colocasia esculenta), an economically and culturally significant crop, is grown. Some individuals reasoned that the snails, being edible, could be harvested as food, and that raising the snails along with the taro in the “Io’s” would provide income supplemental to the taro harvest with minimum additional input. This introduction of snails into the taro “lo’i” however, proved to be a disaster. Farmers failed to take into account the voracity , reproductive potential, and rapid growth of the snails. Because of the ideal conditions in the taro “lo’i”, the snails  multiplied rapidly and fed heavily on the taro shoots and corns in many cases, destroying a complete crop before harvest time. Hindisight has shown that the snails are dissipated via the irrigation system throughout the “lo’i” and then spread to the surrounding wetland areas. Large breeding populations are now established in wetland areas on the islands of Hawai’e, O’ahu, Kaua’I, and Maui. Some of  these wetlands are wildlife preserves with state and federal mandates that restrict the potential methods of eradication. Background information is provided on both P.canaliculata and taro to fully explain the challenges and opportunities that this situation presents (Tamaru et al 2006).

 

26.  Chemical repellents

          Chemical feeding repellents applied to ripening sunflower might help reduce blackbird (lcteridae) damage, which is a chronic agricultural problems from seed information harvest. However, cost are high to develop and register new repellents for agricultural use. In 2003 and 2004, we evaluated feeding repellency of  8 pesticides registered by the Environmental Protection Agency for use in sunflower. Caged red-winged blackbirds (Agelaius phoeniceus) were fed unshelled sunflower seeds treated with the following pesticides: 5 pyrethroid insecticides, an organochlorine, an organophosphorus, and a gungicide. Compared to untreated refernce groups, feeding rates were reduced for 4 of the 5 pyrethroid insecticides. Only the organophosphorus (chlorpyrifos), however, significantly decreased feeding rates. More research on repellency effects of this product in field efficacy trials is probably warranted based on the results of our cage experiments. Depending on timing of application, registered insecticides with blackbird feeding repellency could provide supplemental economic benefits to sunflower producers through dual purpose use ((Linz et al 2006).

 

27. Persistent organic pollutants (POPS)

          Persistent organic pollutants (POPs) have spread throughout the global environment to threaten human health and damage ecosystems, with evidence of POPs contamination in wildlife, human blood, and breast milk documented worldwide. Based on data from the US Food and Drug Administration, this article provides a brief overview of POPs residues in common foods in the USA food supply. The analysis focuses on 12 chemical compounds now targeted for an international phase out under the Stockholm convention on POPs. The available information indicates that POPs residues are present in virtually all categories of foods, including baked goods, fruit, vegetables, meat, poultry, and dairy products. Residues of five or more persistent toxic chemicals in a single food item are not unusual, with the most commonly found POPs being the pesticides DDT ( and its metabolites, such as DDE) and dieldrin. Estimated daily doses of dieldrin alone exceed the US Environmental Protection Agency and US Agency for Toxic Substances Disease Control reference dose for children. Given the widespread occurrence of POPs in the food supply and the serious health risks associated with even extremely small levels of exposure, prevention of further food contamination must be a national health policy priority in every country. Implementation of the Stockholm Convention will prevent further accumulation of persistent toxic chemicals in food. Early ratification and rapid implementation of this treaty should be an urgent priority for all governments (Schafer et al 2002).

 

28. Netherland experiences

          Traditionally, pink-footed geese Anser Brachyrhynchus wintering in Denmark, the Netherlands and Belgium have used the Danish sites only during mild winter, rapidly moving southwards in case of cold spells. Since the 1980s, an increasing number of geese have remained on the Danish wintering grounds despite cold spells, foraging on pastures Because winter wheat represented a reliable and profitable food source even in sever winter, the recent change in Agricultural practice has enhanced the development of a new wintering strategy of pink-footed geese, allowing a northward expansion of their winter range. Potentially, this will increase the crop damage conflict and may lead to further population growth ( Therkidsen et al 2000).

          Enclosure trials near Huron, CA in the San Joaquin Valley from 12 to 23 January 1999 , determine the efficacy of Flight Control TM (50% anthraquinone) and Mesurol R (75% methiocarb) in preventing horned lark damage to lettuce seedlings. Flight control TM (FC) and Mesurol R were evaluated as foliar sprays at application rates of 2.79 and 2.27 kg ha-1, respectively. Horned lark damage to lettuce seedlings treated with anthraquinone was greater (p=0.015) than for methiocarb R, 60 versus 20% , respectively, and seedlings in control plots were 100% destroyed. While this level of damage is probably unacceptable to lettuce growers, it should be remembered that the enclosure situation caused an artificially high bird pressure on the crop. Further studies in open fields under a more normal bird pressure are warranted ( York et al 2000).

 

29. Ozone injury

          Incidence and severity of visible foliar ozone injury on cutleaf coneflower (Rudbeckia laciniata L.) and crown-bread (Verbesina Occidentalis Walt). Were determined .It is thus a matter of consideration that zone injury may harm vegetation harmed by browsing or even cutting. Ozone injury was greatest on the lower leaves for both species sampled with over 95% of the injured leaves occurring on the lower 50% of the plant. This is the first report of foliar ozone injury on these plant species in situ, in the Park, illustrating the great variability in symptom expression with time, and within and between populations ( Chappelka et al 2003).

 

30. Protected arrears and humans

          Knowledge of conflicts between people and protected areas is required for the design of sustainable conservation strategies for the management of most protected areas. The study identifies the causes of conflicts between local people and the Benous Wildlife Conservation Area (BWCA), which includes the Benous National Park, In northern Cameroon. Informal interviews and questionnaires were administered to 114 households in three communities, and to 17 park staff and 7 professional hunting guides from July –October 1997. Crop damage affected 86% of the surveyed household, with 31% of crop income lost on average, and with the damage varying significantly between communities. Elephants, baboons, patas monkeys. Warthogs and green parrots accounted for 97% of crop damage, with the staple food maize and  millet being most affected. Of  the respondents 27% experienced livestock depredation, with 18% of livestock income lost  on average. The civet cat was the main predator. The involvement of local people in illegal activities, their  lack of access to natural resources, and damage by wildlife were identified as principal causes of conflicts. Local people, park staff and professional hunting guides had diverse and differing perceptions about the causes of the conflicts and made various suggestions for reduction of wildlife damage including animal scaring and controlled shooting. We conclude that, under current wildlife policy, conflict between people and BWCA  (Bonous Wildlife Conservation area) is difficult to resolve. To reduce conflicts and promote sustainable conservation, we suggest co-management of wildlife involving all stakeholders, establishment of crop damage control teams, and promotion of tangible benefits to  local people. There may be a requirement for site –specificity in management strategies (Weladji et al 2003).

 

31. Low technology use to avoid damages

           It is suggested that an integrated, community-based, low technological approach will be the most sustainable solution to this conflict ( Osborn et al 2003).

          Blackbirds (lcteridae) annually damage US$5-8 million of ripening sunflower in the northern Great Plains. Baiting blackbirds with avicide-treated rice during spring migration might reduce the regional breeding populations. birds can be successfully baited with avicide-treated rice placed in corn stubble (Linz et al 2003).

            Plant debris accumulation is viewed as a key factor determining small mammal abundance and potential damage in low-till agricultural ((Stermer et al 2003) areas.

          The projected total value of crop yield losses due to wildlife damage for buffer zone villages located in Garhwal Himalaya in about Rs.5 38 620 (US$15 389). Besides food grain, horticultural crops i.e apple, also suffered. Major wildlife

Magic Masons Explains all about Buying Property in goa

Can I see the Title Deeds? What will be my undivided share in the property? Are you building within the permissible FSI? Will you give me an Allotment Letter? Will you give me a comprehensive Agreement of Construction? Can I have a copy of PDA’s approved plan and planning permit, before commencement of construction? What are your commitments after you complete and deliver the flat?

 

 

1. Can I see the Title Deeds?

1. In order to own a flat that is yet to be constructed. You will have to first buy an undivided share in the property on which the flat is going to be built. Before buying this, you must make sure that the title deeds of the property are in order. The title deeds are the set of documents that would unequivocally establish the seller’s ownership of the property and his right to sell it.

2. Therefore get a written opinion on the title from the Builder’s advocate along with photocopies of the title deeds. Certified by an advocate. If this is not available, get an opinion from your own advocate. You must also see the Agreement of Sale between the Owner and the Builder.

3. The manner by which the Owner acquired the property decides the key documents that must be seen:
A. Property was purchased by the Owner:
See the Registered Deed by which he purchased it.
B. Property came to them by a will (i.e. Bequest):
This is known as Testamentary Succession. See the Probated Will. If no Executor / Executrix has been appointed, see the letters of Administration granted by District / High Court according to law.
C. Property devolved through succession:
If the earlier Owner died without leaving a Will, the legal heirs and successors obtain a Deed of Succession issued by the Sub-Registrar or an Inventry of the assets from the District Court, which must be seen (obtain a noterised copy).
D. Property developed through a Gift / Partition / Settlement / Exchange:
The Deed relating to such transfer of Title – Gift Deed / Settlement Deed / Deed of Relenquishment / Exchange Deed – must be seen.

4. The other ancillary / supporting documents that must be seen are :
A. Form I&IV in the name of the Owners, issued under the Seal of the Mamlatdar.
B. Nil-Encumbrance Certificate (EC) for the preceding 31 years, preferably showing no mortgage or other encumbrance that are still existing on the date of purchase. Exercise caution if an uncleared mortgage or other lien on the property is shown in the Encumbrance Certificate.
C. The property being sold must be free of restrictions for sale under the Urban Land Ceiling Act (U.L.C. Act). If a Clearance Certificate for the Property issued by the U.L.C. Authorities is not available, then it has to be ensured that with reference to the land held by the Owner(s), and the nature of their family membership, the built-up area of the construction thereon and the appurtenant / contiguous land around the built-up area fall within the ceiling of Ownership and therefore can be freely said.

5. If the property is not being transferred by the Owner(s) directly but through an Agent, acting as Power of Attorney Agent (POA) of such owner(s), ask for the original or attested copy and scrutinise it. Such a Power can be given either through a Notarised Document or Registered Document. However, a notarised power may not be accepted for property transfer by all governmental/financial agencies.

6. Besides the above, it is advisable to check the following:
A. Property Tax Demand Notices and Receipts for payments to the Corporation.
B. Water and Sewerage Tax Demand Notices and Receipts for Payments to the Panchayat or Municipal Authority.
C. Electricity Bill and Receipts for Security Deposits and Additional Deposits. The latest electricity bill is the best source of proof for payment of dues by the Owners to the Panchayat or Municipality.

 

2. What will be my undivided share in the property?

Your Undivided Share of land must be equal to:
The built-up area of your flat as in the approved plan/ Total built-up area of the project as in the approved plan This is usually expressed as a percentage of the total land. Therefore, the percentage undivided shares of land of all the flat owners in a complex must be equal to 100. This ensures that the title to the entire land as well as the entire building rests with the group of flat-owners of the complex.
The Sale Deed transferring the Undivided Share in your favour must be duly registered before the commencement of construction of the flat.

 

3. Are you building within the permissible FSI?

1. The Floor Space Index (FSI) is an important parameter you should know about.

F S I = Total buildt-up area of your complex plan/Total area of the plot on which it is to be built.

2. The permissible FSI for all residential complexes other than multistoreyed buildings in all the end-use zones listed below is 1.5: Primary Residential, Mixed Residential, Institutional and Commercial zones

3. The total construction as declared in the plans of- fered by the promoter should not exceed the FSI permissible.

4. This FSI is fixed by the Planing and Development Authority (PDA) which is the regulatory body governing architectural, structural and environmental parameters pertaining to development within the State of Goa.

5. The rules and regulations governing the above parameters are spelt out in the Development Control Rules (DCR), a copy of which can be purchased from the PDA.

If the permissible FSI is exceeded, you as a flat-owner run the risk of demolition of the construction.

 

4. Will you give me an Allotment Letter?

Insist on an Allotment Letter at the time of booking, which must clearly indicate:
>> All-inclusive firm and fixed price (clearly indicating the various components such as land cost, registration and stamp duty for the transfer of undivided share of the property, and construction cost) and the schedule of payments.
>> Plan of the flat (as per sketch scheme), built-up-area and the features offered.
>> Committed commencement and delivery period and commitment for liquidated damages for any delay.
>> Post-delivery product warranty by the builder.
If your builder does not provide you with an Allotment Letter, you face the uncertainty of not knowing
>> The exact amount you will end up paying for your flat.
>> When you will get possession of your flat.
>> Whether you will get all the features promised.

 

5. Will you give me a comprehensive Agreement of Construction?

1. The Agreement of Construction substantiates the commitments relating to land cost (your share), stamp duty and registration fee, construction cost, schedule of payment, list of features, time of delivery, post- delivery warranty etc.
2. If defines the responsibilities and obligations of both the Contractor (or Builder) and the Contractee (or Buyer) and is normally put down on a Rs.10.00 stamp paper and signed by the Builder and the Buyer in the presence of witnesses.
3. The Agreement of Construction is the only source of your title to the flat, read in conjunction with the Property Tax Assessment and Demand Bill in your name. Since it is the document of ownership, funding agencies would demand it, when you apply to them for a loan.

6. Can I have a copy of PDA’s approved plan and planning permit, before commencement of construction?

1. The plan given to you at the time of booking may not be fully conforming to the Development Control Rules and the plan actually approved by the PDA may consequently be different. Therefore insist that you are given a copy of the approved plan and the planning permit before the construction of the complex commences. Check whether the area of your flat in the approved plan is as per the allotment letter.

2. If you have a copy of the approved plan and the planning permit, you can monitor the actual construction and ensure that it is as per the approved plan. If the building is not constructed as per the approved plan, you as a flat-owner, could face the threat of its demolition.

 

7. What are your commitments after you complete and deliver the flat?

1. Ensure that the builder gives you the Completion Certificate issued by the PDA, which confirms that the construction is as per the approved plan.

2. Ensure that the builder gives the Association of Flat Owners (of which you would be a member) with a set of detailed drawings covering structural, plumbing, electrical wiring, drainage and water supply details.

3. Ensure that the builder commits to rectify defects in your flat and the complex in materials or workmanship.

4. The Completion Certificate confirms the adherence of the completed complex including your flat to PDA’s approved plan, and eliminates all chances of demolition of the construction.

5. In the obsence of the drawings, maintenance of your flat (and the building) will be difficult.

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Abatement notice:
A notice served on the owner(s) or occupier(s) of a property from which a private nuisance arises, warning them of the intention to enter on the land in order to abate the nuisance.
Absolute title:
1. The right of ownership of a mortgage deed, which gives the right, in certain specified circumstances, to demand repayment in full, of the outstanding debt than the due date.
2. A clause in a deed or contract, which provides for the early termination of an exciting interest in land, in certain specified circumstances, thereby advancing the future interest.
Agreement for lease/sale:
A contract to enter into a lease (or sale), which in order to be enforceable either must be evidenced in writing and signed by the person against whom action is taken for the breach of the alleged contract and there must be a sufficient act of part performance.
Alternative user value:
The value of land and buildings, which reflects a prospective use, which is different from that of the current use.
Amortisation:
1. (UK) The concept of writing off the capital cost of a wasting physical asset by means of a sinking fund.
2. (USA) Payment of a debt in equal installments of principal interest, as opposed to interest -only payments. Anchor tenant: One or more department or variety chainstores, or supermarkets, introduced into a shopping center in key positions to attract the shopping public into the center for the purpose of encouraging other retailers to lease shops n route. The larger the developments the more anchors required.
Annuity:
A sum of money paid each year during the life of the recipient. An annuity is usually paid as a legal obligation under a contract or undertaking, as through a pension scheme, and may be paid in installments more frequently than once every twelve months.
Asset valuation in the property market:
This expression is applied to the valuation if land and buildings or plant and machinery. The term is often used to describe an expert opinion of the worth of a property, which may be incorporated into company accounts, where the ownership of the asset is not necessarily to be transferred but the valuation is required for the company takeovers, share flotation or mortgages.
Assignment:
The transfer of a property interest, especially a lease, from one party to another.
Atrium:
An entrance hall of a building, often rising through a number of storeys and containing lifts, reception areas and plants. Originally the hall or chief apartment of a Roman house.

B

Balloon payment:
A repayment of a loan bond, usually but not necessarily the final repayment, which is larger in amount than other installments.
Bare shell :
This Depicts the condition of any property after completion of construction activity and installations of basic building services. A bare shell includes basic flooring – tiled, mosaic, cement or granite and plastered walls. Apart from this, pantry and toilet facilities may also be operational in such condition.
Basic rent:
A monthly rental net of maintenance and interest costs charged or quoted by landlords for any property. The base rent comprises of only the payment made for Usage of the subject property under a lease agreement. Imputed costs such as holding costs fit out costs and building service charges are not usually included in the base rent.
Bayana:
An Indian term used to denote the token money given to the landlord to informally freeze negotiations on a particular property, after the initial terms and conditions have been formalised.
Breach of contract:
An act, or omission, contrary to enforce specific performance to rescind the contract and / or to claim damages, the remedy available depending upon the nature of the breach.
Broker/dealer:
A person or company who acts as a medium of bringing owners and proposed buyers together with a view to complete a real estate transaction.
Brokerage:
1. Commission paid to a broker.
2. The activity of a broker in bringing together two parties in a transaction.
Building byelaws:
Local authority control of building standards promulgated to regulate and control the usage of land, property and areas in cities and towns.
Building contract:
A contract between an owner or occupier of land and a building contractor, setting forth the terms under which construction is to be carried out, basis of remuneration, time scale, and penalties, if any, for failure to comply with terms of the contract.
Business center:
Commercial premises usable by the occupiers for a short period on a membership basis of the center. Usually, a business center charges for the full service accommodation, which is generally substantially higher than the rental of a standard office space, and higher than the rental of a standard office space, and usually includes cost of HVAC, housekeeping, electricity, and security systems.
Business park:
A landscaped area containing high tech, other amenities for business purposes, as a distinct from high-tech park or a science park. Building density is lower than would be usual in a traditional industrial estate. Business parks are preferentially located where motorway, rail and airport communications are within a short distance.
Buy-out rate:
In a funding agreement between a developer and a prospective purchaser, the pre-determined investment yield which will be used to capitalize the annual income receivable at the time of sale to determine the buy out price.

C

Capitalisation:
1. At a given date the conversion into the equivalent capital worth of a series of net receipts, actual or estimated, over a period.
2. A method of calculating a final purchase price for a development using an agreed formula to convert actual, or assumed, income from initial lettings into a capitalism. Such capitalised sums may be offset against a purchasing fund’s interim finance payments, any excess being paid to the developer.
3. In relation to a company’s reserves, the conversion into capital of money, which is then distributed as a capitalisation issue.
Catchment area:
1. The area of land from which finds its way into a particular watercourse, lake or reservoir.
2. By analogy, the area which contains those people who can be expected to obtain goods, services, employment or other benefits from a particularly property. More especially related to retail premises, where the success of forecasting depends on the accuracy of estimating the number of purchasers (catchment population) likely to be attracted from the different parts of the area and the average expenditure, which might be expected, from them.
Central business district:
The functional center around which the rest of a city is comparison shopping, office accommodation, leisure facilities, buildings for recreational use, public museums, art galleries and governmental functions. Generally the area of highest land values within a city.
Clearance area:
An area, which is to be cleared of all buildings. Generally promulgated by way of a government declaration, which is normally followed by the acquisition of the land and the clearance of the area. Completion certificate/statement:
1. (UK) statement prepared by solicitors, usually those acting for a purchaser and a vendor respectively, following the conveyance of an interest in property, giving a schedule of sums received leading to a balance being the final amount due to the vendor. In some case the statement is prepared at a later date and may show a figure recoverable by the purchaser from the vendor.
2. A certificate issued by the local development authority certifying that all necessary works have been completed and that the property is fit for occupation.
Condominium (USA):
A building or a structure of two or more units, the interior space of the individually owned and the balance of the property (both land and building) being owned in common by the owners of the individual units.
Conveyance:
A document transferring title to land from one person to another.
Current yield:
The remunerative rate of interest, which is, or would be, an appropriate at the date of valuation, assuming the property to be let at its full rental value. It will be the same as the reversion yield where the reversion is to full rental value, and the same as the term yield where the rent receivable under the lease is full rental value.

D

Developer:
An entrepreneur who has an interest in a property, initiates its development and ensures, that this is carried out (for occupation, investment or dealing) and from the outset accepts the responsibility for providing or procures the requisite funds needed to finance the whole project.
Development control:
The powers of a local planning authority to control the development and use of land, which includes inter alia,
a) the refusal or grant (with or without conditions ) of planning permission;
b) the issue of enforcement notices;
c) the making of revocation, modification or discontinuance orders;
d) the grant or refusal of listed building consents;
e) the designations of conversion areas;
Development yield:
In a valuation to ascertain a ground rent, the rate at which costs are decapitalised to find the annual deduction from the occupation rents; it comprises:
a) an investment yield
b) an annual allowance for developers risk and profit and, in some instances
c) an annual sinking fund element
Discounted cash flow analysis:
Techniques used in investment and development appraisal whereby future inflows and outflows of cash associated with a particular project are expressed in present -day terms by discounting. The most widely used forms of DCF are the internal rate of return (IRR) and net present value (NPV). The techniques may be used for such purposes as the valuation of land and investment, the ranking of projects or their components.

E

Easement (UK):
A right appurtenant to a parcel of land entitling a dominant owner to use the land of the servient owner in a particular manner, or constraining the legal rights otherwise enjoyed by the servient owner, e.g. A right of way, right to light, right to support. Strictly speaking, easements cannot exist “in gross”, i.e. personal and unattached to the ownership of land, but rights similar to easements can be created by statute, usually for the benefit of public utility undertakings, and these are commonly referred to as “statutory easements”.
Effective rent:
The gross rent payable per month by the occupiers which includes the base rent, maintenance charges, imputed costs of loss of interest on security deposit and rental advance. The effective rent indicates the total cash outflow of an occupier every month on account of leasing any property.
Equity linked mortgage:
A mortgage whereby the interest on the principal in part or in whole is calculated, usually yearly, by reference on the security, e.g. It may reflect annual increase or possible decreases, in the annual return on, or the value of, the property in which the mortgage is secured.
Escalation clause specified in lease agreements wherein renewals of lease period are built in:
It involves an increment in the base rent at every renewal of a lease agreement in the base rent at every renewal of a lease agreement and is generally a percentage rate that is either pre agreed or negotiated before the renewal of the lease agreement.

F

Facilities management:
The coordination of many specialist disciplines to create the optimum working environment for staff.
Fail rent:
The rent determined by a rent officer (or, on appeal, by a rent assessment committee) under a regulated tenancy and registered.
FERA:
An act to regulate certain payments dealing in foreign exchange, securities, the import & export of currency and acquisition of immovable property by foreigners. Under Section 31 (1) of the Foreign Exchange Regulation Act ( FERA) of 1973, It is mandatory for foreign corporations, which are not incorporated in India to obtain permission from the Reserve Bank Of India (RBI) to acquire, hold, transfer or dispose off in any manner (expect by way of lease for a period not exceeding five years) any immovable property in India.
Fire certificate:
A certificate covering matters of safety required under the legislation for hotels, boarding houses, factories, offices shops and railway premises, excluding those buildings containing less than a minimum number of employees. In order to obtain a fire certificate, one must apply to a fire certificate, one must apply to a fire officer, who then inspects the building and issues a list of requirements (e.g. Fire doors). Once the fire officer is satisfied that those requirements have been met he will issue the fire certificate. It enables fire officers, in the event of an emergency, to have prior knowledge inter alia of the permitted number of people on each floor; it also informs officials if any authorised inflammables /explosives materials on the premises.
Fitouts:
Relate to the interior permanent furnishings required in a property including HVAC ducting, fire protection system implementation, establishment of workstations and telephone/computer cabling among other, in order to make the property fit for usage.
Flatted factory:
An industrial building of more than one storey, usually with two or more goods lifts, and constructed or converted for multiple occupation. The building is subdivided into small, separately occupied units, which are used for manufacturing, assembly and associated storage.
Force majeure:
A force, which cannot be resisted, in other words, something beyond the control of the parties involved. It includes acts of God and acts of man, e.g. Riots, strikes, arson. In many contracts and insurance policies, specific provision is made for damage or injury arising from force majeure. For example, the financial liability of a building contractor for failure to complete by a specific date may be relieved to the extent it was caused be force majeure. This is a common clause in most property contracts.
Foreclosure:
1. (UK) The mortgagees restricted power to extinguish the mortgagor’s right of redemption by transferring the mortgagor’s interest in the property to himself, if the mortgagors defaults in paying his dues or in complying with any other terms of the mortgage deeds.
2. (USA) The legal process by which a mortgagee can sell the mortgagors interest in the property to satisfy debt: also called “foreclosure sale”. Also applied to the extinguishment of a mortgagors right of redemption. Freehold:
In general parlance this is used as shorthand for the tenure of an estate in fee simple absolute in possession. Strictly speaking, however, freehold includes fee simple, entailed interests and tenancies for life. Frontage (line): The full length of a plot of land or a building measured alongside the road on to which the plot or building fronts. In the case of contiguous buildings individual frontages are usually measured to the middle of any party wall.

G

Greased:
Lease back The disposal by a freehold or leasehold owner of his interest on a property or leasehold interest where the rent payable is geared to a fixed percentage of some variables, often rack-rental value.
Gold cause (UK):
A clause in a lease, which provides for the rent to be reviewed by reference to the price of gold.
Green field site:
An area of land, usually in the edge of a town or city or away from substantial urban areas, hitherto undeveloped but for which development is now proposed.
Gross External Area (GEA):
The aggregate superficial area of a building taking each floor into account. As described in the RICS/ISVA Code of Measuring Practice (UK), this includes: external walls and projections, internal walls and partitions; columns; piers, chimney-breasts, stairwells, and lift wells; tank and plant rooms, fuel stores whether or not above main roof level and open-sided covered areas and enclosed car-parking areas, terraces etc.

H

Hi-tech building (high technology building):
Primarily a modern industrial building which is particularly suited to the flexible uses and space needs of business organisations engaged in modern technologies. Such activities usually require more office or laboratory space than a traditional factory and also more sophisticated and adaptable installations for services and communications.
High point loading:
A concentration of abnormally heavy floor loading at one point or more particular places in a building or other structure where extra support may be required.
HVAC:
Refers to the heating, ventilation, and air conditioning system installed in a building to regulate temperature. This includes air conditioning plants, chillers and ducting systems, which ensure the uniform transfer of the cold or hot air, as the case may be throughout the building.

I

Indian Stamp Act, 1899:
A legal statute, which provides for the payment of stamp duty in case of all real estate transactions to duty to the local government. The value of the stamp duty depends on the rental payable and the lease term or the sale value as the case may be. This duty is paid by purchasing non-judicial Indian Stamp Paper, on which the lease/sale agreements are documented.
Improvements:
Generally, physical changes which enhance the capital value of land or buildings. These may include additional buildings, extensions to existing buildings, installation of new services, e.g. Central heating and air conditioning and infrastructure works. On the other hand, mere replacement by a modern equivalent if something worn out would normally be regarded as a repair rather than an improvement. The distinction has legal and taxation consequences.
Indenture:
A deed between two or more parties, each party having his own copy. Originally copies were all included in a single document from which each was torn or cut along a wavy (intended) line. Institutional investors: These are generally taken to include banks, pension funds, insurance companies, unit trusts and investment trusts, which are together commonly referred to in the investment field as the “institutions”. Investment yield: The annual percentage return which is considered to be for a specific valuation in an investment being expressed as the ratio of annual net income (actual or estimated) to the capital value. It is therefore a measure of an investor’s opinion about the prospects and risks attached to that investment. The better the prospects and lower the risks, the lower the expected yield and thus the greater the capital value. The required yield from an investment is estimated in the light of such factors as:
a) the security in real terms of the capital invested;
b) the security in real terms and regularity of income;
c) the ability to adjust the income to reflect market conditions;
d) the complexity and cost of management;
e) the ease and likely cost of realizing the capital;
f) the tax position
Internal rate of return (IRR):
1. The rate of interest (expressed as a percentage) at which all-future cash flows (positive and negative) must be discounted in order that the net present value of those cash flows should be equal to zero. It is found by trial and error by applying present values at different rates of interest in turn to the net cash flow. It is something called the discounted cash flow rate of return.
2. An alternative explanation might be: the highest rate of interest (expressed as a percentage) at which funded f cash flow generated is to be sufficient to repay the original outlay at the end of the project life.

J

Joint agent:
One or two or more agents jointly instructed by a principal to act on his behalf. In the case of estate agents this is normally on the basis that if any one of the agents effect the sale, letting or other joint agent(s) will share the remuneration in agreed proportions. None of these agents would be entitled to a commission if the transaction is concluded as a result of someone else’s introduction.
Joint sole agent:
One of two or more agents jointly instructed as the only agents entitled to represent the principal. It is customary for the joint agents to share any commission earned on an agreed basis, irrespective of which agent effects the sale or letting.

K

Kiosk:
A small enclosed retailed outlet, normally without toilet facilities and in the retail area, frequently located in a public concourse or other place where it may remain open place where it may remain open only during peak times and be closed securely when there are no customers. Kiosks are now sometimes included in managed shopping schemes.

L

Land assembly:
The process of forming a single site from a number of land, usually for eventual development or redevelopment. This will include acquisition of individual interest the eventual development or redevelopment. This will include acquisition of the individual interests, removal or discharge of any restrictive covenants or other encumbrances and obtaining physical possession, when required, from occupiers.
Landlord:
The owner of an interest in land who, in consideration of a rent or other payment (e.g. A premium), grants the right to exclusive possession of the whole or part of their land to another person for a specific or determinable period by way of a lease or tenancy.
Lease agreement:
An agreement, usually written, between the lessor and the lessee, which allows for the conveyance of property to the tenant under a contract, and confers usage and control rights to the tenant for the duration of lease. Apart from financial terms and conditions, several clauses describing the other binding terms and conditions of the agreement are also documented.
License:
The lawful grant of a right to do something, which would otherwise be illegal or wrongful. It may be gratuitous, contractual or coupled with an interest in land. The grantor of license is the licensor and the grantee is the licensee. A gratuitous (“Mere” or “bare”) license can always be revoked (i.e.. Cancelled), but revocability of a contractual license depends on the terms of the contract. A license coupled with an interest in land may be irrevocable and unlike the other two categories, may be binding on successors in title of the licensor. One example of license is permission, usually required in writing, given specifically by an owner to a tenant, enabling something to be done which otherwise would be in breach of a term of the lease. A license does not itself transfer any interest in the land but may authorise the licensee to enter the licensor’s land for some specific purposes of the license; the licensor may enter the land and use it in any way not inconsistent with the rights of the licensee. However, a landlord may authorise by license some act or omission by a tenant, which would otherwise be a breach of the terms of the lease.
Load bearing:
The capacity of an element in a building structure to support a weight in addition to its own, whether vertically or laterally. Thus a load-bearing wall is one, which supports part of the structure in addition to its own weight.

M

Maintenance in property parlance:
The keeping of a building, structure or other physical feature in a specified e.g. Wind and weather tight, condition. The approved cost of maintenance may be deductible for income taxation.
Mattha:
Frontage of a building with the main road.
Mortgage:
The conveyance of a legal or equitable interest in freehold or leasehold property as security for a loan and with provision for redemption on repayment of the loan. The lender (mortgagee) has powers of recovery in the event of default by the borrower (mortgagor). A mortgage is a form of land charge and can be either legal or equitable.

N

Negotiation:
Discussion, written or otherwise, between two or more parties no different sides, the aim being to reach a common agreement.
Non-confirming use:
The use of a property, which does not conform to the allocation of the area for planning purposes. Such a property may have been built in conformity with the planning requirement at the time and a policy change ensued; more usually, the property was constructed before planning control was introduced.
Net present value method (NPV):
A method used in discounted cash flow analysis to find the sum of money representing the difference between the present value of all inflows and outflows of cash associated with the project by discounting each at a target yield.

O

Open market value:
1. The best price which might reasonably be expected to be obtained at arms’ length for an interest in a property at the date of valuation, subject to any statutory assumptions which may be required.
2. For the purpose of asset valuations this is defined by the Royal Institute of Chartered Surveyors (UK) as the best price which might reasonably be expected to be obtained for an interest in a property at the date of valuation assuming:
-a willing seller
-a reasonable period in which to negotiate the sale
-that values will remain static during that period
-that the property will be freely exposed to the market; and
-that no account will be taken of any higher price that might be paid by a person with a special interest.
-Outgoings Costs incurred by the owner of an interest in property, usually calculated on a yearly basis. e.g. management, repairs, rates, insurance and rent payable to the holder of a superior interest, as appropriate to his contractual or other liabilities. It is prudent to make annual provision for future items involving expenditure at intervals of more than one year.

 

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Growth Hormone and Igf-1

I am not a huge fan of synthetic growth hormone, but I recognize that what separates the TRULY HUGE from the average guy is the stacking of Growth Hormone (GH) with androgens. Growth hormone on its own doesn’t seem to really add a ton of size on you though and it does carry some risks, so it’s not the best choice in my opinion for a stand alone product. It will however really increase satellite cells over straight androgen boosting alone and other supplements. The major problem with GH on a cycle is that it won’t put tons of size on your right away. We make a GH product (IGH-1) that you can take to increase your own GH production but it will not pack size on you instantly. If you are not committed to the long haul, then honestly, GH products are not for you. If you want to put on muscle that lasts and is with you for life, then a good GH product will help you get to that goal. Even REAL GH cycles are gaged in terms of months of use, not days. GH cycles last for 6 months and you don’t see real results for at least 45 days. This is why that a GH releaser is not going to pack on pounds of muscle in 15 days like a cycle of prohormones, even 4 iu of GH injections will take a long time to see the effect you desire. That isn’t to say that GH isn’t EXTREMELY useful, it is more like an important part of a good long term plan vs. androgens that give an immediate effect that feels damn good. I take a GH releaser every night, since reading the studies PROVING that GH is a valuable part of changing your genetics.

When 1+1=3

When you combine growth hormone with a powerful androgen, you get some serious muscle building, because GH increases satellite cell proliferation, gets you lean and increases IGF-1 production. IGF-1 builds muscle and increases satellite cell expression while burning fat. This is what makes growth hormone worth the 300-400 dollars per week the professionals spend on a cycle, even before IGF-1 was available. Growth hormone burns fat, but also greatly increases IGF-1 levels, which if you are in the circle of knowledge is VERY important, since IGF-1 is a natural anabolic.

Most of the IGF-1 on the market today is either fake or worthless, because IGF-1 must be cold packed and shipped immediately. IGF-1 degrades very quickly, but if you are lucky enough to get your hands on some REAL IGF-1, you are in for a treat. Expect to pay at least $300 per week though for the real stuff.

IGF-1 and GH can be stimulated by the body, meaning that your natural levels can be increased, which gives you the ability to get most of the same results as a pro bodybuilder without the expense or risk. GH secretagogues (things that increase your natural production or secretion) are on the market and they should at least include things like ArgininePryoglutamate, Ornithine, Astragulus, and L-Dopa. These are the most potent Growth Hormone secretagogues on the market and can sky rocket your GH levels, allowing you to build slabs of muscle. GH is pretty easy to increase with the use of secretagogues, but IGF-1 is very tough to boost naturally. There is only one ingredient I know that increases IGF-1 naturally. This is in products like Formadrol Extremeä pictured above, and the ingredient is Daidzein, which is the only known naturally occurring IGF-1 secretagogue. So how does GH increase satellite expression? Again, let’s look at the literature.

GH and IGF-1 on Satellite Cell Expression

Effects of growth hormone on skeletal muscle. I. Studies on normal adult rats.

Ullman M, Oldfors A.

Department of Pathology, Gothenburg University, Sweden.

A study was made on the effects of recombinant human growth hormone (rhGH) on fast and slow skeletal muscle in normal adult female rats. Daily injections of 4 IE of rhGH over 36 days resulted in increased levels of insulin-like growth factor I in serum and increased body weight. Morphometric analysis of the muscle fibres of the extensor digitorum longus (EDL) and soleus muscles revealed a significant increase in diameter of both type 1 and type 2 fibres in both muscles. The DNA: protein ratio and the number of satellite cells:muscle fibre in cross-sections was increased in the GH-treated rats in relation to controls. The results show that rhGH has pronounced effects on both cell proliferation and muscle fibre growth in skeletal muscle of normal adults rats.

IGF-1 induces human myotube hypertrophy by increasing cell recruitment.

Jacquemin V, Furling D, Bigot A, Butler-Browne GS, Mouly V.

CNRS UMR 7000 Cytosquelette et Developpement, Paris, France.

Insulin-like growth factor-1 (IGF-1) has been shown in rodents (i) in vivo to induce muscle fiber hypertrophy and to prevent muscle mass decline with age and (ii) in vitro to enhance the proliferative life span of myoblasts and to induce myotube hypertrophy. In this study, performed on human primary cultures, we have shown that IGF-1 has very little effect on the proliferative life span of human myoblasts but does delay replicative senescence. IGF-1 also induces hypertrophy of human myotubes in vitro, as characterized by an increase in the mean number of nuclei per myotube, an increase in the fusion index, and an increase in myosin heavy chain (MyHC) content. In addition, muscle hypertrophy can be triggered in the absence of proliferation by recruiting more mononucleated cells. We propose that IGF-1-induced hypertrophy can involve the recruitment of reserve cells in human skeletal muscle.

Insulin-like growth factor 1 and muscle growth: implication for satellite cell proliferation.

Machida S, Booth FW.

Department of Biomedical Sciences, University of Missouri-Columbia, E102 Veterinary Medical Building, 1600 East Rollins Road, Columbia, MO 65211, USA.

Insulin-like growth factor 1 (IGF-1) has been shown to rescue the aging-related or inactivity-induced loss of muscle mass through the activation of satellite cells. However, the signalling pathways and the mechanism by which IGF-1 affects satellite cells have not been not completely identified. The purpose of the present review is to provide current understanding of the cellular and molecular events underlying IGF-1 induced proliferation of satellite cells.

Expression and splicing of the insulin-like growth factor gene in rodent muscle is associated with muscle satellite (stem) cell activation following local tissue damage.

Hill M, Goldspink G.

Basic Medical Sciences and Department of Surgery, Royal Free and University College Medical School, Royal Free Campus, Rowland Hill Street, London NW3 2PF, UK.

Muscle satellite cells are mononuclear cells that remain in a quiescent state until activated when they proliferate and fuse with muscle fibres to donate nuclei, a process necessary for post-embryonic growth, hypertrophy and tissue repair in this post-mitotic tissue. These processes have been associated with expression of the insulin-like growth factor (IGF-I) gene that can undergo alternative splicing to generate different gene products with varying functions. To gain insight into the cellular mechanisms involved in local tissue repair, the time courses of expression of two IGF-I splice variants produced in muscle were determined together with marker genes for satellite cell activation following local muscle damage. Using real-time RT-PCR with specific primers, the mRNA transcripts in rat tibialis anterior muscles were measured at different time intervals following either mechanical damage imposed by electrical stimulation of the stretched muscle or damage caused by injection with bupivacaine. It was found that the autocrine splice variant mechano growth factor (MGF) was rapidly expressed and then declined within a few days following both types of damage. Systemic IGF-IEa was more slowly upregulated and its increase was commensurate with the rate of decline in MGF expression. Satellite cell activation as measured by M-cadherin and one of the muscle regulatory factors MyoD and the sequence of expression suggests that the initial pulse of MGF is responsible for satellite cell activation, as the systemic IGF-IEa mRNA expression peaks after the expression of these markers, including M-cadherin protein. Later splicing of the IGF-I gene away from MGF but towards IGF-IEa seems physiologically appropriate as IGF-IEa is the main source of mature IGF-I for upregulation of protein synthesis required to complete the repair.

GH on Muscle:

Growth hormone / insulin-like growth factor-1 axis during puberty.

Christoforidis A, Maniadaki I, Stanhope R.

Department of Endocrinology, Great Ormond Street Hospital and the Middlesex Hospital (UCLH), London, UK.

Puberty is a dynamic, transitional period of life which is characterized by the acquisition of secondary sexual characteristics leading to the development of fertility. Puberty is accompanied by sexually dimorphic changes in linear growth, body proportions and body composition. The pubertal growth spurt is influenced by a number of factors such as hormones, nutrition, physical activity and general health, acting mostly in concert in order to modify a genetic potential for growth. Growth hormone (GH) is traditionally considered to be the main regulator of growth. During puberty, elevated sex steroid concentrations (especially oestrogens) stimulate GH production, leading to an activation of the whole GH/Insulinlike growth factor-1 (IGF-1) axis. This activation is mostly characterized by an increase in the amplitude of GH pulses rather than an increase in frequency or in duration. Interactions between GH and sex steroids (especially androgens) express an anabolic effect on muscle mass, bone mineralization and body proportion which constitutes the male and the female adult body composition.

Intact insulin and insulin-like growth factor-I receptor signaling is required for growth hormone effects on skeletal muscle growth and function in vivo.

Kim H, Barton E, Muja N, Yakar S, Pennisi P, Leroith D.

Diabetes Branch, National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of Health, 9000 Rockville Pike, Building 10, Room 8D12, Bethesda, Maryland 20892-1758, USA.

GH and IGF-I are potent regulators of muscle growth and function. Although IGF-I is known to mediate many of the effects of GH, it is not yet clear whether all effects of GH are completely dependent on the IGF-I system. To evaluate the biological effects of the GH/IGF-I axis on muscle growth, we administrated recombinant human GH to mice, which lack IGF-I function specifically in skeletal muscle, due to the overexpression of a dominant-negative IGF-I receptor in this tissue (MKR mice). GH treatment significantly increased the levels of hepatic IGF-I mRNA and serum IGF-I levels in both wild-type (WT) and MKR mice. These GH-induced effects were paralleled by increases in body weight and in the weights of most GH-responsive organs in both groups of mice. Interestingly, unlike WT mice, GH treatment had no effect on skeletal muscle weight in MKR mice. GH treatment failed to reverse the impaired muscle function in MKR mice. Furthermore, MKR mice exhibited no effects of GH on the cross-sectional area of myofibers and the proliferation of satellite cells. Taken together, these data suggest that the in vivo effects of GH on muscle mass and strength are primarily mediated by activation of the IGF-I receptor.

Insulin-like growth factor 1 and muscle growth: implication for satellite cell proliferation.

Machida S, Booth FW.

Department of Biomedical Sciences, University of Missouri-Columbia, E102 Veterinary Medical Building, 1600 East Rollins Road, Columbia, MO 65211, USA.

Insulin-like growth factor 1 (IGF-1) has been shown to rescue the aging-related or inactivity-induced loss of muscle mass through the activation of satellite cells. However, the signalling pathways and the mechanism by which IGF-1 affects satellite cells have not been not completely identified. The purpose of the present review is to provide current understanding of the cellular and molecular events underlying IGF-1 induced proliferation of satellite cells.

The effects of growth hormone and/or testosterone in healthy elderly men: a randomized controlled trial.

Giannoulis MG, Sonksen PH, Umpleby M, Breen L, Pentecost C, Whyte M, McMillan CV, Bradley C, Martin FC.

Department of Diabetes and Endocrinology, GKT School of Medicine, King’s College London, St. Thomas’ Hospital, London SE1 7EH, UK.

CONTEXT: Declines in GH and testosterone (Te) secretion may contribute to the detrimental aging changes of elderly men. OBJECTIVE: To assess the effects of near-physiological GH with/without Te administration on lean body mass, total body fat, midthigh muscle cross-section area, muscle strength, aerobic capacity, condition-specific quality of life (Age-Related Hormone Deficiency-Dependent Quality of Life questionnaire), and generic health status (36-Item Short-Form Health Survey) of older men. DESIGN, SETTINGS, AND PARTICIPANTS: A 6-month, randomized, double-blind, placebo-controlled trial was performed on 80 healthy, community-dwelling, older men (age, 65-80 yr). INTERVENTIONS: Participants were randomized to receive 1) placebo GH or placebo Te, 2) recombinant human GH (rhGH) and placebo Te (GH), 3) Te and placebo rhGH (Te), or 4) rhGH and Te (GHTe). GH doses were titrated over 8 wk to produce IGF-I levels in the upper half of the age-specific reference range. A fixed dose of Te (5 mg) was given by transdermal patches. RESULTS: Lean body mass increased with GHTe (P = 0.008) and GH (P = 0.004), compared with placebo. Total body fat decreased with GHTe only (P = 0.02). Midthigh muscle (P = 0.006) and aerobic capacity (P < 0.001) increased only after GHTe. Muscle strength changes were variable; one of six measures significantly increased with GHTe. Significant treatment group by time interactions indicated an improved Age-Related Hormone Deficiency-Dependent Quality of Life questionnaire score (P = 0.007) in the GH and GHTe groups. Bodily pain increased with GH alone, as determined by the Short-Form Health Survey (P = 0.003). There were no major adverse effects. CONCLUSION: Coadministration of low dose GH with Te resulted in beneficial changes being observed more often than with either GH or Te alone.

Supraphysiological growth hormone: less fat, more extracellular fluid but uncertain effects on muscles in healthy, active young adults.

Ehrnborg C, Ellegard L, Bosaeus I, Bengtsson BA, Rosen T.

Research Centre for Endocrinology and Metabolism, Department of Internal Medicine, Sahlgrenska University Hospital, S-413 45 Goteborg, Sweden. christer.ehrnborg@medic.gu.se OBJECTIVES: To study the effects on body composition after 1 month’s administration of supraphysiological doses of growth hormone (GH) in healthy, active young adults with normal GH-IGF-I axis. SUBJECTS AND METHODS: Thirty healthy, physically active volunteers (15 men and 15 women), mean age 25.9 years (range 18-35), participated in this study, designed as a randomized, double-blind, placebo-controlled, parallel study with three groups (n = 10: five men and five women in each group). The groups comprised the following: placebo (P), GH 0.1 IU/kg/day [0.033 mg/kg/day] (GH 0.1) and GH 0.2 IU/kg/day [0.067 mg/kg/day] (GH 0.2). RESULTS: In the pooled group with active GH treatment (n = 20) the results showed significant increases: IGF-I increased by 134% (baseline vs. after 1 month), body weight by 2.7%, fat free mass by 5.3%, total body water by 6.5% and extracellular water (ECW) by 9.6%. Body fat decreased significantly by 6.6%. No significant change in intracellular water was detected. The observed increase in fat free mass by 5.3% was explained by the ECW increase, indicating limited anabolic effects of the supraphysiological GH doses. Changes were noticeable in both genders, although more prominent in the male subjects. Fluid retention symptoms occurred in the majority of individuals. CONCLUSIONS: This is, to our knowledge, the first placebo-controlled trial to show the effects of supraphysiological GH doses on body composition and IGF-I levels in physically active and healthy individuals of both genders; the results indicate limited anabolic effects of GH with these supraphysiological doses. The role of GH as an effective anabolic-doping agent is questioned.

GH alone is not enough, which is why we stack…

Here is an example of an effective stacking of compatible supplements to achieve a specific objective.

Regulating of growth hormone sensitivity by sex steroids: implications for therapy.

KK, Gibney J, Johannsson G, Wolthers T.

Pituitary Research Unit, Garvan Institute of Medical Research and Department of Endocrinology, St. Vincent’s Hospital, Sydney, Australia.

Growth hormone (GH) is an important regulator of body composition, reducing body fat by stimulating fat oxidation and enhancing lean body mass by stimulating protein accretion. The emergence of differences in body composition between the sexes during puberty suggests sex steroids modulate the action of GH. Work from our laboratory have investigated the influence of estrogens and androgens on the metabolic actions of GH in human adults. The liver is an important site of physiological interaction as it is a sex steroid responsive organ and a major target of GH action. Estrogen, when administered orally impairs the GHregulated endocrine and metabolic function of the liver via a first-pass effect. It reduces circulating IGF-I, fat oxidation and protein synthesis, contributing to a loss of lean and a gain of fat mass. These effects occur in normal and in GH-deficient women and are avoided by transdermal administration of physiological doses of estrogen. In contrast, studies in hypopituitary men indicate that testosterone enhances the metabolic effects of GH. Testosterone alone stimulates fat oxidation and protein synthesis, both of which are enhanced by GH. Studies in GH deficiency adults have consistently reported women to be less sensitive to GH than men. In summary, estrogens and androgens exert divergent effects on the action of GH. The results provide an explanation for sexual dimorphism in body composition in adults and the genderrelated response to GH replacement in hypopituitary subjects. In the management of hypopituitarism, estrogens should be administered by the parenteral route in women and testosterone be replaced in men to optimize the benefits of GH replacement.

Eric D. Marchewitz, is one of the leading supplement experts in the country, his articles online are taken from his best selling book ” Supplements For Genetic Growth ” which explains how you can increase the number of muscle cells in your body using supplement stacks available at any health food store. This book will demonstrate how the body will try and resist your efforts to grow insane muscles and how, as you age, the ability to create new muscle cells decline so make those cells now! The book is backed by science! This is the most amazing break through in supplement history! The book is available from the LG Sciences website www.lgsciences.com

Top 5 Business Security Secrets

Copyright (c) 2009 Dr Mark Yates

It’s no secret that globally businesses are navigating through troubled times. The global economic downturn is having a catastrophic effect on businesses. When well known high street names that have been in business for up to a hundred years go bust, then businesses need to evaluate their business development strategy.

One other factor which adds further misery to businesses trying to survive a recession is that crime increases exponentially. Crime against businesses is one of the first sectors to rise in a credit crunch. Large numbers of people are laid off or made redundant,they lose their income and many struggle to come to terms with the low income provided by the welfare system.

Those with criminal tendencies will turn back to committing acts of theft and fraud to raise money. Organised criminals also experience financial losses in any economic downturn and sadly businesses are usually the criminal’s first port of call.

My top 5 business security secrets are designed to assist all businesses to increase their security effectiveness and minimise the security risks of theft and fraud.

Top 5 business security secrets #1- Conduct A Security Audit

Every business has security requirements, the problem is most managing directors and owners fail to realise this critical factor until it’s too late. By too late I mean it generally takes an incident of employee theft, fraud or an act of vandalism or product tampering for the MD or owner to consider implementing security counter measures.

This is a positive first step; however security is best applied as a preventative procedure, rather than post incident. If security counter measures are applied post incident then the insurance premiums will have already been increased, or flagged for increase during your next trading year. Many MD’s and business owners then take it upon themselves to conduct a security audit. This generally is pre-programmed for failure as unfortunately most MD’s and business owners don’t know what they don’t know.

By this I mean, very few are skilled security specialists. The MD or owner security audit is generally driven by price, i.e. they will usually purchase security products based on the cheapest price, whereas a security audit specialist will focus on quality security products that will stand the test of time and assist in providing business support to the company as the business grows and prospers.

A security audit for an SME size business can often be conducted in one to two days.

Top 5 business security secrets #2- Form A Threat Management Unit

It is safe to say that most business applications and concepts that materialise in the USA tend to find their way across the ocean to the UK at anything between 5 to 15 years later. Threat Management Units or TMU’s as they are known in businesses, are big in the USA and it’s only a matter of time before UK businesses jump on the bandwagon. The role of a threat management unit is to analyse all perceived and actual threats to any business and then implement business continuity strategies to ensure the business doesn’t fail because of critical incidents. All business aspects are covered by the TMU including, business growth, joint venture partnerships, due diligence, directors legal responsibilities to employees, employee checks, risk assessment and risk management,crisis planning, downsizing, redundancies, and a host of others. A threat management unit generally consists of two or three company employees, usually the senior company director or partner, the head of personnel or human resources and a manager. The threat management unit is then supplemented by a security consultant or a security director. ( see top business security secrets #5 for further information on security director.) It is important to realise that a threat management unit can and should be formed by even the smallest businesses as the strategies put in place can ensure that small, medium and large businesses can survive and thrive in the event of any critical incident.

Top 5 business security secrets #3- Design And Test Your Business Continuity Plan

It’s difficult enough surviving the current economic downturn without having to face the corporate trauma of losing your business

because an external critical incident had an indirect or direct impact on your business. In the aftermath of the London7/7

terrorist bombings many businesses were affected by this critical incident. Sadly a number of them although not directly affected by the bombing were forced to close down. Many of them were small and medium size businesses. Local coffee bars and retail outlets closed because the police and security services closed down the streets to pedestrians where these businesses were located. Some of the pedestrian restrictions lasted several weeks as scenes of crime officers meticulously investigated these areas. Few small or medium businesses can cope with a loss of all revenue for several weeks.

However if any of these businesses had a business continuity plan in place alternative methods would have been pre-identified to continue with income generation during the time of crisis. Business continuity plans are not restricted to acts of terrorism. They include any type of critical incident which can happen to any type of business small or large. For example; A fire or a flood

destroys your office or shop, an electrical fault blows all your computer and communications equipment. An employee steals valuable data and sells it to your competitors. A disgruntled former employee returns to your business to harm members of your work force. A business continuity plan is a fantastic investment for any business who are seeking long term sustainable business growth.

Top 5 business security secrets #4- Research Your Business Competitors

All intelligence agencies conduct ongoing research and surveillance on their competitors. The old cliché of knowledge is power that every business coach and mentor bands around is severely flawed. Knowledge is not power. Power comes from the actions you take from gaining knowledge. I’m not suggesting you hire a platoon of former KGB agents to spy on your competitors although I personally know that this service is available although generally only to larger businesses. What I do advocate is the ancient Sun Tzu Art of War principle of, ‘know your enemy-know yourself’. If this appears somewhat extreme then it’s time for a reality check, your business competitors are your business enemies and the war is driven by annual turnover and increased profits, hence the need to research your business competitors.

With such advanced research technology offered by computers and the internet researching your business competitors has never been easier. For example most online search engines now offer competitor analytics which allows you an insight into how much they are paying for online marketing campaigns and who they are targeting.

Just as it is in covert intelligence operations, being one step ahead of your competitor is key to success. In business this translates to long term business growth, sustainability, increased turnover and profits.

Top 5 business security secrets #5- Hire A Security Director

This business security secret #5 should not be dismissed because you think it is too expensive or beyond your reach.

A select number of security experts and consultants hire themselves out to businesses on an annual retainer basis. The benefits of this concept are many. You and your business will have the ear of a security expert on call 24/7. You will not have to pay a full time salary for this security director, nor will you have to pay PAYE, national Insurance, holiday or sick pay, nor will you have to pay executive director benefits. In fact I know of some security directors who are retained by small business consultancy agencies for small to medium size businesses for the salary equivalent of a junior administrator. The fees payable for your security director are of course tax deductible. When you factor that this security director generally has a wealth of security experience and contacts which will all assist in your business growth and expansion of your business, then it’s a very small price to pay.

A professional security director will be able to produce your security audit, and assist with your risk assessments and prepare a business continuity plan in case your business faces an unexpected crisis.

Dr. Mark D. Yates The British American Security Expert has conducted high risk security operations in 42 countries for government, military special forces, Intelligence & security agencies. He is a published author & 5 major TV documentaries have been broadcast about him. Want to claim his FREE 52 security tips then visit him at =>http://www.asecurityonestopshop.co.uk or e-mail him at drmarkdyates@aol.com