Wednesday, 27 February 2019

CORPORATE UPDATES 27.02.2019





IBC TO PLAY SIGNIFICANT ROLE IN INDIA BECOMING $ 10 TRILLION ECONOMY, SAYS MCA

Insolvency and Bankruptcy code (IBC) will play a significant role in India realising its dream of evolving into a $ 10 trillion economy in foreseeable future, a top Government official has said. This law (IBC) has come to stay and enable Indian economy to greater heights by promoting entrepreneurship and ensuring effective use of capital, Injeti Srinivas, Secretary, said. Srinivas also said that Government would soon take effective steps to discourage frivolous bids and make sure that the system is not gamed by resolution applicants. Srinivas told that he expects the first phase of resolutions to happen in the next few months. Already 50 percent of the IL&FS Group assets have been put on the block, he added. Asked if the latest NCLAT order (No NPA should be recognised by banks in the IL&FS matter) put the banks in a quandary as regards compliance with RBI norms, Srinivas felt NCLAT directive was one off and done in national interest. He also said that the next round of insolvency regulations will be on ‘corporate guarantors’ and this will be followed up with regulations on individual insolvencies. Subodh Bhargava, said that insolvency law is a game changer but non-adherence to timelines and inordinate delay in admission of cases are major concerns, especially where debt is well established and one does not have to determine the quantum of debt, rather one has to determine whether there is a default. When say, 14 days time is given in the law, it should be done in 14 days Whereas, it is seen that it is taking three months or more. This needs to be addressed, Bhargava said. He also suggested that definition of Persons Acting in Concert (PAC) be specifically included in the Bankruptcy ordinance and a reasonable definition be introduced for the purposes of submission of resolution plans.
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THE INSOLVENCY AND BANKRUPTCY CODE IS NOT LIVING UP TO ITS PROMISE

What makes good companies go bad? The fall of businesses may have a lot of reasons but businesses need a safe cushion to manage the stress and strains that gnaw at an economy to thrive. In a span of just two years, the Insolvency and Bankruptcy Code 2016 has proved to be one such cushion for corporates and lenders looking to prevent the failure of quite a few high-profile business houses The code rests a lot on the pivot of an efficient time frame to ensure speedy resolution. Remember, this was a cause of concern with the erstwhile Board for Industrial and Financial Reconstruction. A resolution professional has been entrusted with various duties and tasks to ensure in all fairness the protection of the rights of debtors and creditors. The lawmakers have tried to plug the loopholes that existed earlier. The Ramalinga Raju (of Satyam) case was a precursor to the appointment of a forensic auditor and the Jaypee (real estate developer) case was a precursor to protect the rights of homebuyers, amongst others. The code has played a key role in taking India 30 places ahead in 2018's ease of doing business.

What is the case for the code and a body overseeing it? Enormous pendencies before courts lead to the formation of specific tribunals to play the role of a specialised body for providing speedy redressals to a never-ending litigation process present in India. The National Company Law Tribunal (NCLT), the bankruptcy court, deals with a lot of issues apart from insolvency laws. But with the evolving laws and systems that are put in place, a debate has emerged on whether justice is being served or delayed and the intent of the lawmakers is being met or not.

Has the code been successful in alleviating the dreaded nightmare of insolvent companies or has it changed gears to mounting litigation with NCLT? It is safe to say NCLT cases leave several questions unanswered in the minds of aggrieved parties. The code provides a timeline of 180 days (plus an extension by 90 days) to speed up the resolution process. It is worth checking if such a strict timeline is too short for the resolution professional to make a fair and reasoned application before the NCLT. Of the 816 corporate debtors under the resolution process, about 50 percent have already exceeded the timeline, according to reports from rating agencies. Random filing of applications without launching an investigation into the matter hurts a debtor who may be innocent and is dragged into the process with no redressal to his grievance. Foreign vendors suffer at the cost of lack of a prior investigation before the filing of an application, adding to the perennial fear of foreign nationals wanting to do business in India. Applications get clubbed and dragged with big matters and are lost in litigation, appeals and stay applications with the NCLT. Delays in the finalisation of a resolution plan have NCLT to blame The court acting as a supervisor at each stage of the proceedings ends up as a deterrent to the finalisation of the Resolution Plan. NCLT currently has 11 benches. In terms of both the infrastructure and the qualifications of the judges, the rescue plan for saving drowning companies is more ambitious than similar processes in London and Singapore. Currently, around 9,000 cases are pending before the NCLT benches in the country for insolvency and other routine matters. NCLT registers about 140 cases a day, with a dismissal rate of not even one case in a day Much emphasis has been laid on the importance of a forensic audit under the code but has the qualification of the forensic auditor been specified or a committee of such auditors been formed to investigate the veracity of the reports made by them? Can they be held responsible for a flawed finding in their reports, based on which the resolution professional presents his case? Or does an innocent party have no other option but to concede while the resolution professional takes refuge under the garb of the duty cast upon him under the code. The resolution professional is not necessarily a qualified chartered accountant/company secretary. Data shows that India already has 1800 qualified resolution professionals and is gearing up for the launch of a Graduate Insolvency Program, whereas the number for a similar law present for almost two decades in the UK is much lower. Where the lawmakers are placing such exceptional powers on the resolution professional, necessary tools must be available for such professionals to carry out their duty in all fairness and ease. The resolution professional is tied in a tug of war between the creditors and debtors in order to save the company with little or no cooperation from the company. The bids to find an investor to save the company, after having been approved by the committee of creditors fall flat when the investor withdraws or fails to keep its promise, leading to the restart of the whole process again or an unfortunate doom to liquidation. Will these missing gaps be filled with tighter and more clearer provisions, conversion of existing Debt Recovery Tribunals to NCLT benches, cross border insolvency provisions? We don’t know. But we do hope that the code evolves to aid a fair resolution and not end up as another law on paper in the garb of a growing and developing India.
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SUPREME COURT ASKS MALVINDER, SHIVENDER SINGH TO BE PRESENT IN COURT ON MARCH 14

Bothers Malvinder and Shivinder Singh will have to appear personally in the Supreme Court on March 14 in connection with a contempt case filed by Japanese drug maker Daiichi Sankyo, which has accused them of disposing of their assets in violation of a court order. Daiichi had moved Indian courts for implementation of a Rs 3,500-crore arbitration award against the Singh brothers. The Japanese company won the award after claiming that the brothers hid information about regulatory probes against Ranbaxy Labs when they sold the local drug maker to it in 2008. The brothers, Daiichi alleged in the top court, were disposing of their unencumbered assets to divert funds that could have been used to pay the arbitration award. The reference was the alleged attempts to sell their stake in Fortis Health to a Malaysian company. The top court had earlier issued notices on the plea and imposed a status quo on the sale of stake by the Singh brothers. Fortis sold a 31.1% stake in the company to IHH Healthcare in November through a preferential allotment of shares. Daiichi has been trying to implement the arbitration award through Indian courts.
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RBI TO MOVE NCLAT AGAINST ORDER TO STOP DECLARING IL&FS LOANS NPA

The Reserve Bank of India (RBI) is considering moving the National Company Law Appellate Tribunal (NCLAT) over its order directing lenders to refrain from classifying crisis-hit IL&FS-owned companies’ loans as non-performing assets (NPA) without its approval. On February 22, PTC Financial Services had filed an application with the NCLAT seeking a temporary dispensation for IL&FS firms that would have been classified as NPAs. Though the case pertained to one category of the IL&FS entities tagged Amber, the tribunal passed a blanket order for all the group firms. NCLAT directed financial services firms and banks to seek approval before terming IL&FS group loans as NPAs. As per RBI regulations, loans whose principal and interests are overdue for more than 90 days as per the terms, have to be classified as NPAs and appropriate provisioning made. The NCLAT order goes against the RBI regulations, and would force banks to go against the norms.
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‘PENALISE BIDDERS WHO DEFAULT ON PROPOSED PLANS’

With some cases resolved under the NCLT process ending up for liquidation, analysts want the government to set up stringent deterrents ranging from monetary penalties to debarring the applicant. As per estimates, about 600 cases have been closed under the Insolvency and Bankruptcy Code (IBC) by various National Company Law Tribunal (NCLT) benches. However, only 82 corporate insolvency resolution processes (CIRP) yielded a resolution plan. Also, in the past few months, at least three CIRPs that yielded a resolution plan were brought back to the NCLT and subsequently ordered into liquidation, leading to high economic costs. Worse, loan recoveries will likely be lower than the amount creditors would have gained if the application materialised. There’s merit in government setting up strong deterrents to ensure that the resolution applicants do not default on their proposed plans The deterrents could range from a penalty amount (linked to the realisation promised to the creditors under the resolution plan) to debarring the resolution applicant from participating in any future CIRPs, ratings firm ICRA noted. It added such deterrents would make applicants cautious and sincere while submitting their resolution plans.
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BHUSHAN POWER : LENDERS URGE NCLT NOT TO GIVE OPERATIONAL CREDITORS FURTHER HEARING

Apprehending further delay in the resolution process, lenders to Bhushan Power and Steel (BPSL) on Tuesday urged National Company law Tribunal (NCLT) not to give operational creditors any further hearing as the adjudicating authority proceeds to approve the resolution plan for the debt-ridden steelmaker. Senior counsel Ramji Srinivasan, appearing on behalf of the Committee of Creditors (CoC), said that more than 570 days have gone past since NCLT’s principal bench admitted insolvency proceedings against BPSL and each day, lenders are incurring a Rs 12 crore loss for their exposure to the insolvent firm. BPSL has 1,778 operational creditors. It will take a hell lot of time to hear out their applications. They should also not have any grudge since they will have to take only 50% haircut compared with 60% by the financial creditors, Srinivasan said. BPSL’s operational creditors have moved a series of applications to NCLT seeking to attract its attention on a range of issues including alleged trimming of the operational creditors’ list by the resolution professional and not getting copies of the resolution plan, among others. The NCLT on Tuesday said it would hear the matter on March 5 and decide whether notices are to be issued to the operational creditors or not, and also on whether other parties would be served notice on their applications.
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BANK OF BARODA TO SELL NPAS WORTH RS 6,000 CR, INCLUDING RCOM DEBT

State-owned Bank of Baroda (BoB) has floated an expression (EoI) of interest to sell its non performing assets worth over Rs 5,928 crore, including its Rs 1,838 crore loan to cash-strapped Reliance Communications. The bank has identified loans to 49 companies, including two power firms run by GVK (totalling Rs 357 crore), GMR Chhattisgarh Energy Ltd (Rs 218 crore), and Monnet Power Company (Rs 199 crore), for sale. According to the offer, interested asset reconstruction companies (ARCs), banks, non-banking financial companies (NBFCs), and financial investors were allowed to conduct due diligence of these assets from February 25. Interested buyers will have to submit indicative prices at which they want to buy these assets. BoB's largest asset for sale in this list is the loan to RCom. The bank's decision to put its assets in RCom on the block comes after the board of RCom early in February decided to opt for debt resolution through the National Company Law Tribunal (NCLT).
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PANEL OF CREDITORS VOTES AGAINST FORENSIC AUDIT OF JAYPEE ACCOUNTS

Jaypee Infratech Limited Committee of Creditors (COC) rejected the demand of a forensic audit of accounts of the company, in a voting, the results for which were announced on Tuesday. Homebuyers had been demanding an independent audit for some five years, to determine why Jaypee Infratech failed to finish the housing projects despite buyers having paid the cost of the flats on time. However, in the first round of corporate insolvency resolution process in 2017-18, no new developer or private firm could take over Jaypee’s stalled realty projects in Noida. The second round of process was, therefore, started in 2018 to select a bidder, who could take over the crisis-ridden company and deliver around 20,000 unfinished flats. According to the norms, the committee of creditors consisting of around 20,000 aggrieved homebuyers, bankers and IRP have the right to exercise the voting power to decide the fate of the resolution process. All stakeholders were called to vote on the ‘forensic audit demand’ from February 21 to February 25, 2019.
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ALLAHABAD BANK EXPECTS MORE RECOVERY FROM NCLT ACCOUNTS, SAYS CEO RAO

The Reserve Bank of India (RBI) has removed Allahabad Bank and Corporation Bank from the prompt corrective action (PCA) list. Rao said, The lifting of PCA has created a wonderful atmosphere in the entire Allahabad Bank employee base. With respect to credit deployment, even in earlier occasions I had indicated that we already have a good amount of headroom for credit deployment, so the plan for March ’19 as well as June ’19, on the line will continue, he added. Rao said, NCLT and non-NCLT cases, in Q4, we have targeted for recovery of Rs 2,000 crore; recovery and upgradation together without considering the NCLT.
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MOST IL&FS COMPANIES IN SECOND LIST ARE ‘RED’, UNABLE TO MEET PAYMENT OBLIGATIONS: GOVT

The ministry of corporate affairs secretary Injeti Srinivas on Tuesday said that most of the IL&FS subsidiaries in the second list of 100 domestic entities that are part of the debt-laden group are classified under ‘red’ – meaning they are unable to meet their payment obligations. The ministry had earlier submitted a classification for 70 companies under green (22 companies), amber (10 companies) and red (38 companies). Of the remaining among the 348 subsidiaries, 133 are incorporated outside India, while some entities have been closed or divested or struck off or liquidated. That’s just a process and the list should come out any time now. It is in an advanced stage. It is unlikely that in the remaining 100 companies there will be any green (who can pay their dues) company. So, there will be essentially red companies and some amber, Srinivas told reporters. It has to now submit the classification list for the 100 domestic entities of IL&FS. I think a lot of headway is being made and in the next few months the first phase of resolution should be completed. On the National Company Appellate Tribunal’s (NCLAT) direction that banks or financial institutions cannot declare accounts of IL&FS and its group companies as non-performing assets without its permission, he said IL&FS is not an NPA as it is a one-off cases It’s being done in the national interest. In the framework, there is a provision that if liquidation is not the best option, then the tribunal can give whatever dispensation that may be required to allow the other best option to be implemented, which in this case is resolution. So, based on the spirit of these provisions, the NCLAT agreed with the government’s proposal to allow moratorium. So, there is no regulatory gap. In other cases, if a company is brought to NCLT they do not get this dispensation, he said.
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STEEL SECTOR HAS TURNED OUT TO BE ONE OF THE MAJOR BENEFICIARIES OF IBC: ICRA LTD

The steel sector has turned out to be one of the major beneficiaries of the Insolvency and Bankruptcy Code (IBC), according to ratings agency ICRA Ltd. This could lead to improved plant utilisation and domestic steel supply. Out of the 40 large defaulting accounts identified by the RBI in 2017, 11 entities belonged to the steel sector. As per ICRA report, eight out of these 11 companies have steel manufacturing capacities totalling about 23.8 million metric tonnes per annum (mtpa) forming about 18% of the total domestic steel capacity. Abhishek Dafria, said: The steel sector has provided an impetus to the IBC with four large corporate debtors having already completed the corporate insolvency resolution process (CIRP) yielding a resolution plan. Financial creditors have realised close to Rs. 444 billion from these four CIRPs with an average haircut of about 47%. The realisation for the financial creditors would have been even higher, but for the delays seen in concluding the CIRP for two large entities, viz. Essar Steel Limited and Bhushan Power and Steel Limited, both of which have attracted interest from domestic and foreign entities. These two entities have been caught in legal wrangles due to which their CIRPs have now exceeded 500 days. We expect both the CIRPs to be concluded some time in CY2019, which should help the financial creditors realise at least an additional Rs. 600 billion, he added. Stressed assets in the sector make for good candidates for acquisition by other large players who are looking to improve their market share and cater to the favourable domestic demand, it said. Priyesh Ruparelia, said: As per our estimates, the combined plant utilisation of the stressed assets was about 72% during FY2018. With successful acquisition of these assets by new promoters under IBC, the capacity utilisation could be ramped up to 90% within the next two-year period which would improve the domestic supply position.
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50% IL&FS ASSETS ON BLOCK, 22 GROUP FIRMS SERVICING LOANS: INJETI SRINIVAS

Fifty per cent of the assets of the beleagured IL&FS group are on the block, corporate affairs secretary Injeti Srinivas said on Tuesday. About 22 entities of debt-ridden group are servicing their payment obligations Srinivas justifies the recent ruling by the National Company Law Appellate Tribunal (NCLAT), saying that it is a one-off order, keeping in mind national interest. The government has been planning to sell the assets individually.
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RELIANCE COMMUNICATIONS MOVES NCLAT FOR FUND RELEASE BY BANKS

Reliance Communications on Monday urged the National Company Law Appellate Tribunal(NCLAT) to direct lenders, led by SBI, to release Rs 260 crore the company got by way of income tax refund in favour of Ericsson India. The Supreme Court on February 20 held RCom chairman Anil Ambani and two other directors guilty of contempt for not paying Ericsson India’s dues as per the undertaking given by them. On Monday, RCom’s lawyers made a mention of their plea immediately as the NCLAT sat for the day. A two-member NCLAT bench, led by its chairperson justice SJ Mukhopadhaya, agreed to hear the plea and listed it for hearing on February 27.
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NCLAT DISMISSES PLEA OF MONNET POWER RP OVER CLAIMS OF BHEL

The NCLAT Tuesday dismissed a petition of the resolution professional of debt-ridden Monnet Power Company against an NCLT order, which had directed the firm to reconsider claims of its operational creditor state-owned BHEL. A two-member National Company Law Appellate Tribunal (NCLAT) bench headed by Justice S J Mukhopadhaya asked the RP to act in accordance with the directions passed by the Mumbai bench of the NCLT on October 12, 2018, directing it to re-examine the claims of BHEL. The National Company Law Tribunal (NCLT) Mumbai had said RP of Monnet Power Company had wrongly disallowed the substantial claim in its entirety of BHEL, an operational creditor of the company. We are not inclined to interfere with the impugned order dated October 12, 2018 passed by the adjudicating authority (NCLT). The 'Resolution Professional' is directed to act in accordance with the directions of the Adjudicating Authority, the appellate tribunal said. NCLT Mumbai, while determining inventory cost etc held that RP had wrongly disallowed BHEL's substantial claim and directed him to re-examine the claim on the basis of the accounts and evidence of PSU.
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FACING RISKS LIKE EXCESS CAPEX ON PROPOSED ESSAR ACQUISITION: ARCELORMITTAL

Global steel giant ArcelorMittal has said it is staring at various risks including excess capex and delays in achieving commercial objectives in view of its proposed acquisition of debt-laden Essar Steel India. The world's largest steelmaker ArcelorMittal's takeover proposal of the Essar Steel India Ltd (ESIL), via a joint venture with Nippon Steel & Sumitomo Metal Corporation (NSSMC), in a bankruptcy resolution process has been approved by the committee of creditors (CoC) and is pending before the National Company Law Tribunal (NCLT). Should the resolution plan be implemented, as is currently expected, it would subject ArcelorMittal to various risks. On the operational front, the industrial project to turnaround ESIL and further improve operational profitability is large-scale and ambitious, ArcelorMittal said in its annual report released late on Monday. Capital expenditure in excess of budgeted amounts, delays and difficulties in achieving commercial objectives therefore cannot be ruled out, the company said.
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LIABILITY OF PAST DUES RESTS ONLY WITH RCOM, NOT RELIANCE JIO: TDSAT

The Telecom Dispute Settlement Appellate Tribunal (TDSAT) on Tuesday said that the liability of past dues related to Spectrum Usage Charges (SUC) rested only with Reliance Communications (RCom) and not the buyer of its 800 MHZ spectrum. The telecom appellate tribunal held that the buyer of RCom’s 800 MHz spectrum, which in the current case is Reliance Jio Infocomm (Jio), cannot be held liable until the spectrum trade had happened The appellate tribunal on Tuesday also asked the Department of Telecommunications (DoT) to reconsider RCom’s plea for No Objection Certificate (NoC) that would allow the company to sell its spectrum to a buyer.
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RBI REMOVES ALLAHABAD BANK, CORPORATION BANK, DHANLAKSHMI BANK FROM PCA FRAMEWORK

The Reserve Bank of India (RBI) removed Allahabad Bank, Corporation Bank and Dhanlaxmi Bank out of the prompt corrective action (PCA) framework on Friday, subject to certain conditions and continuous monitoring. Allahabad Bank and Corporation Bank be taken out of the PCA Framework subject to certain conditions and continuous monitoring, RBI said in a release. It has also been decided to take Dhanlaxmi Bank out of the PCA framework, subject to certain conditions and continuous monitoring, as the bank is found to be not breaching any of the Risk Thresholds of the PCA framework. The central bank has specified certain regulatory trigger points as part of the PCA framework in terms of three parameters -- capital to risk weighted assets ratio (CRAR), net non-performing assets (NPA) and Return on Assets (RoA) -- for initiation of specific structured and discretionary actions.
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SYNDICATE BANK TO BRING DOWN NPA IN THE CURRENT YEAR

Syndicate Bank is aiming at bringing down the gross NPA to below 12% and the net NPA to below 6% in the current year from the existing level of 12.5 and 6 .5 % respectively. Mrutyunjay Mahapatra said the bank has made a profit in the third quarter after loss in the previous quarters of FY 19. He hoped for an early settlement of the Rs 18,000 crore bad loans that are before national company law tribunal (NCLT). He said the recent Rs 1600 crore fund infusion by the government along with previous tranches of funds have helped strengthen the capital base of the bank and the it may not need further support in the immediate future. For our future requirements we can go for tier-1 bonds or rights issue, he said adding that such a decision will be taken only after assessing the performance of the bank in the current year. The bank is betting on house, retail, MSME and gold loans for its growth.
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RBI PROPOSES TIGHTENING COMPENSATION NORMS FOR PRIVATE, FOREIGN BANKS

Reserve Bank has proposed strict compensation norms for senior officials of private as well as foreign banks, including minimum 50 per cent variable component and money clawback provisions. Floating a discussion paper, the central bank has also proposed that variable pay of CEO and whole-time directors, among other key personnel, should be capped at 200 per cent of fixed pay Earlier variable pay was capped at 70 per cent of fixed pay but did not include Employee Stock Option Plan (ESOP). High pay packets and excessive risk-taking ways in the banking industry have been under the scanner ever since the global financial crisis of 2008. Employees were too often rewarded for increasing short-term profit without adequate recognition of the risks and long-term consequences for their organisations. The latest discussion paper proposing changes to compensation norms comes more than seven years after the Reserve Bank of India (RBI) issued such guidelines for private and foreign banks. These (2012) guidelines are being reviewed, with an objective to better align with FSB (Financial Stability Board) Principles and Implementation Standards, based on experience and evolving international best practices, the RBI said. Apart from CEOs and whole-time directors, the proposed changes in compensation would be applicable for material risk takers and control function staff It has also been suggested that ESOPs should be included as a component of variable pay. The proposed guidelines also said minimum 50 per cent of variable pay is to be via non-cash component while mandating a compulsory deferral mechanism for variable pay, regardless of quantum of variable pay. Further, the paper said banks are required to put in place appropriate modalities to incorporate malus/ clawback mechanism in respect of variable pay, taking into account relevant statutory and regulatory stipulations as applicable. Comments have been sought on the discussion paper till March 31.
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MERGER OF REGIONAL RURAL BANKS WITHIN SAME STATE LIKELY

The government is looking at the possibility of merging regional rural banks (RRBs) operating within the same state and has urged the state-owned banks to explore such options as it wants further consolidation among RRBs. It eventually wants to bring them down to a more manageable number of 10-15 There are 56 RRBs functioning in the country, and State Bank of India, the largest bank, is the biggest sponsor with 14 RRBs. Already, around 10 have been merged which will be effective from April 1 this year. Ideally, we will like to have them reduced by 36 by the end of this fiscal, said a senior government official, adding the idea is that rather than three or four regional lenders operating in a state, there should be one bank which leverages its strong regional and market connect. At present, the Centre holds 50% stake in RRBs, while 35% and 15% are with the sponsor banks and state governments, respectively.
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100 SUGAR MILLS MAY FACE SEBI ACTION FOR BREACH OF PRIVATE PLACEMENT NORMS

A recent regulatory crackdown on two sugar mills in Maharashtra for alleged breach of private placement rules has cast a shadow over nearly 100 others in the state which operate under the same model. Expanding the action to more mills could potentially freeze cane procurement, delay payments to farmers and heighten farm crisis, mill owners said. On 4 January, the Securities and Exchange Board of India (Sebi) attached the assets of Lokmangal Agro Industries Ltd; exactly a week later, it directed Babanraoji Shinde Sugar and Allied Industries Ltd to refund money to individuals to whom it had sold shares. The two mills are accused of violating rules on private placement, under which an unlisted company can privately sell shares to a maximum of 49 people. The mills are accused of crossing this limit, violating The Companies Act, 1956, and the Sebi Act. Issuing shares to 50 or more people is considered as a deemed public issue, bringing it within the regulatory ambit. There was a debate in Sahara matter before Supreme Court whether Companies Act 1956 implied that a company’s offer of securities to 50 or more persons (in a financial year) would automatically become a public issue. Threshold for a deemed public offer has increased to 200 or more persons under Companies Act, 2013. Sebi norms have made it clear now that it is aggregate calculation and multiple offers of security by any company at various intervals, with each offer being to less than 200 persons but in aggregate more than 200 persons (per financial year) would qualify as a public issue, said Sumit Agrawal.
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FUNDS INFUSION INTO PSBS NOT ENOUGH TO SUPPORT LENDING GROWTH: FITCH

Fitch Ratings on Wednesday said government's $7 billion (around Rs 48,000 crore) funds infusion into public sector banks (PSBs) would not be sufficient to support significantly stronger lending growth Fitch estimates that banks will need an additional USD 23 billion (around Rs 1.6 lakh crore) in 2019, after these latest injections, to sufficiently meet minimum capital standards. Stating that the Indian authorities' approach to the banking sector has clearly shifted towards spurring lending in recent months, Fitch said these steps, along with capital injections, have eased but not removed capital constraints on state banks' growth. The Indian government's announcement on February 21 that it will soon inject USD 7 billion into state-owned banks under its recapitalisation plan is likely to help banks meet minimum regulatory requirements, but is not sufficient to support significantly stronger lending growth, Fitch Ratings said. Fitch said the capital injections have allowed Allahabad Bank and Corporation Bank to leave the RBI's prompt corrective action (PCA) framework, following earlier exits by Bank of India, Bank of Maharashtra and Oriental Bank of Commerce. This frees these banks from tight restrictions on their management and growth. However, leaving the PCA framework will not remove the constraints on growth imposed by weak capitalisation, unless the state injects more capital into these banks or there is strong turnaround in profitability that support internal capital generation, which looks unlikely, Fitch said. Overall, we estimate that banks will need an additional USD 23 billion in 2019, after these latest injections, to sufficiently meet minimum Basel III capital standards, achieve 65 per cent NPL cover, and leave surplus capital for growth, it said.
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IN DEPOSIT WAR, PRIVATE SECTOR BANKS WIN HANDS DOWN

Are private sector banks winning the deposit war against public sector banks? It would appear so given the recent figures from the Reserve Bank of India. The difference between the weighted average term deposit rates of public sector banks and their private sector counterparts has increased to the highest in at least five years showcasing private banks’ ability to raise rates and drive higher credit growth. Data from the Reserve Bank of India (RBI) highlighted by Elara Securities shows that average term deposit rates for private sector banks in December 2018 was 43 basis points higher at 7.21% compared to 6.78% for public sector banks. One basis points is 0.01 percentage point. This is the highest differential between private and public-sector banks in at least five years and shows that fast growing private sector banks are able to offer a much higher rate to garner deposits helped by a better pricing power. Data shows that this differential has turned since April 2017 when private sector banks, taking advantage of benign liquidity conditions post demonetisation were in fact offering a lower rate compared to public sector banks. Private sector banks rates were 8 to 10 basis points lower to public sector banks between January and April 2017 and have since turned the other way. Private banks and PSBs hiked their rates by 15 basis points and 8 basis points respectively, over the past three months. On fresh loans, private banks’ quarterly average of weighted average lending rate (WALR) in Q3FY19 was 10.41% vs 10.08% in Q2FY19, a rise of 33 basis points QoQ while PSBs’ quarterly average was 9.43% vs 9.33% in Q2FY19, a rise of 10 basis points QoQ. This shows strength of private banks as they are able to garner market share along with rise in yields, Elara said. However, higher deposit rates mean lending rates will also not come down in a hurry as both are linked in the current marginal cost-based lending rate regime. In the current scenario it will be difficult for banks to cut lending rates unless they are ready to take a hit on their margins. Lending rates will hence remain elevated, said Karthik Srinivasan.
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RBI MIGHT REDUCE ITS KEY POLICY RATES TWICE THIS YEAR, SAYS BOFA-ML

The Reserve Bank will reduce its key policy rates twice this year as it accommodates the concerns about growth amid the cooling price situation, says a brokerage report. The monetary authority will cut the key policy rates at the forthcoming policy review in April, and effect another reduction in either June or August depending on monsoons, Bank of America Merrill Lynch (BofA-ML) said in a report Tuesday. With concerns voiced on the core inflation or the price rise excluding food and fuel, the brokerage said there is no generalisation there, saying idiosyncratic factors are pushing up rural healthcare and education costs. The brokerage also said high real rates, which is the difference between the policy rate and inflation, also support for a 0.50 per cent cut in the policy rates.
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SEBI FINES RADFORD GLOBAL RS 30 LAKH FOR VIOLATING NORMS, FAILING TO PROVIDE INFO

Markets regulator Sebi Tuesday slapped a fine of Rs 30 lakh on Radford Global for violating listing norms and failing to provide information sought by the regulator. Despite repeated summons in 2017, the firm failed to furnish the information required, Sebi said. Further, the regulator observed that the firm made a preferential allotment in February 2012, and the proceeds of the allotment funds were utilised for the purpose other than its disclosed objective. However, no such disclosures were made to the exchanges, the Securities and Exchange Board of India (Sebi) noted. Accordingly, Sebi fined the firm Rs 10 lakh for failing to provide information and Rs 20 lakh for violating listing agreement norms, totalling Rs 30 lakh. In a separate order, Sebi imposed a fine of Rs 5 lakh on Kolkata-based K B Sponge Iron for executing fraudulent trade and, thereby, creating artificial volume in the illiquid stock options segment of the BSE.
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FOREIGN SHAREHOLDING LIMIT IN KOTAK MAHINDRA BANK GOES UP TO 45 PC

Kotak Mahindra Bank Tuesday said its board has approved a proposal to increase foreign shareholding limit to 45 per cent from the existing 43 per cent. RBI had earlier asked the lender to pare promoter Uday Kotak's shareholding down gradually to 15 per cent by March 31, 2020. The bank was asked to cut Kotak's holding to 20 per cent of the paid up capital by December 2018 and further to 15 per cent by March 31, 2020.
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BANKS MAY SET REPO RATE AS BENCHMARK

Most commercial banks in India are likely to select RBI’s repo rate as the external benchmark to decide their lending rates, from April 1. The repo rate is the key policy rate of the Reserve Bank of India (RBI). The banking regulator had asked the banks to move to an external benchmark for loan pricing from April 1, a move expected to improve monetary transmission as lenders had, in the past, been found reluctant to reduce lending rate. Banks had four options from which to choose the external benchmark: the repo rate, the 91-day treasury bill, the 182-day T-bill or any other benchmark interest rate produced by the Financial Benchmarks India Private Ltd (FBIL). The marginal cost of fund based lending rate (MCLR) is currently the benchmark for all loan rates. Banks typically add a spread to the MCLR while pricing loans for homes and automobiles. For the new benchmark, the central bank has mandated that the spread over the benchmark rate — to be decided by banks at the inception of the loan — should remain unchanged through the life of the loan, unless the borrower’s credit assessment undergoes a substantial change and as agreed upon in the loan contract. If the lending rates are linked to the repo rate, any change in the repo rate will immediately impact the home and auto loan rates, since RBI has mandated the spread to remain fixed over the life of the loan. RBI was expected to issue the final guidelines on the matter by December-end but the guidelines are yet to come. Banking industry sources indicate that the final guidelines will be issued in March.
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SBI CALLS LENDERS' MEETING WITH JET AIRWAYS CHAIRMAN NARESH GOYAL, ETIHAD CEO DOUGLAS

State Bank of India (SBI) has called an urgent meeting of lenders with Jet Airways Chairman Naresh Goyal and the domestic carrier's significant shareholder Etihad Airways' CEO Tony Douglas on Wednesday to discuss a way forward for the debt-laden airline, sources said. The meeting, to be held at SBI's office in Mumbai, assumes significance amid differences persisting between Goyal, the lenders and Etihad, which has 24 per cent stake in Jet Airways. SBI is the lead lender of a consortium that has extended loans to Jet Airways. While there was no official word from the airline, as also from the lenders, officials aware about the development said the meeting has been called by SBI and both Goyal and Douglas would be present.
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RBI PROPOSAL TO REVAMP BANK CEO COMPENSATION: COMPANIES ACT SHOULD TAKE A LEAF OUT OF CENTRAL BANK’S GESTURE

Chanda Kochhar, the disgraced and tainted former CEO and managing director of ICICI Bank, got a salary of Rs 7.85 crore in 2017-18, according to news reports. That translated into a whopping Rs 2. 6 lakh per day assuming 300 working days NR Narayanamurthy, the founder of Infosys, caused a flutter in honcho circles by suggesting a cap about a decade ago—the CEO salary should not exceed 15 times the salary of the lowest employee at the bottom of the salary pyramid. Predictably, no one took him seriously. But now the Reserve Bank of India (RBI) has taken the issue seriously. It has proposed a cap of 200 percent on the variable salary with reference to the fixed salary as opposed to 70 percent now with the additional condition that the variable component should be a minimum of 50 percent of the fixed salary. The other difference is the extant cap of 70 percent does not include employee stock ownership plan (ESOP) but the proposed cap of 200 percent and floor of 50 percent both include ESOP. The proposal is for both Indian private as well as foreign banks. Cynics would say this is practically shortening the length of the first line so that the second line looks decently longer. In other words, since the public sector bank (PSB) honcho salary is abysmally low, what the RBI is doing according to critics is reducing the salary of foreign and private banks. The proposed move targets all whole-time directors of these banks and not only the CEO. As per the Companies Act, 2013, the managing director’s salary is capped at 5 percent of the company’s profit with minimum salary thrown in when the profits are inadequate in the manner of 'heads I win, tails you lose'. What the RBI is planning is for the fixed component to be the pivot around which the variable portion would be woven. If a CEO of a private bank is appointed on a fixed salary of Rs 10 lakh per month, a minimum 50 percent i.e., Rs 5 lakh per month must be variable subject to the condition that this cannot be more than 200 percent, i.e., Rs 20 lakh per month. One hopes the RBI also puts in place a limit on fixed salary with reference to the mean salary of the company. Vishal Sikka, Infosys CEO, caused heartburn by taking a salary that was 900 times the mean salary.
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NSE'S NEW FEATURE ON GOBID APP ALLOWS RETAIL INVESTORS TO DIRECTLY INVEST IN G-SEC

The National Stock Exchange (NSE) Tuesday said it has introduced a new feature on its mobile app 'goBID' that will enable retail investors to invest in government securities directly from the platform. Through this platform, retail investors can place orders under the non-competitive bidding facility permitted by the Reserve Bank of India for retail investors, the NSE said in a release. This new feature of the goBID app will allow KYC compliant individuals having a demat account to seamlessly invest in government securities and help increase retail participation, said Vikram Limaye.
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JHUNJHUNWALA FAMILY LOOKS TO INVEST IN NBFCS PUMMELED BY THE IL&FS CRISIS

A family office that manages money for India’s wealthy Jhunjhunwala family is looking to invest in finance companies which have been pummeled by the crisis in the country’s shadow banking sector. He said he’s also looking to invest in private companies in the sector, including through acquisitions. India’s non-bank financing sector, which provides nearly four out of every 10 loans to consumers, has suffered from a Rs 1.2 trillion ($16.9 billion) funding shortfall after costs skyrocketed last year. The crisis was triggered by the default at one of the nation’s biggest lenders, Infrastructure Leasing & Financial Services Ltd., prompting the government to step in and seize control of the lender. Fears of wider market contagion have led to the collapse of the share prices of Dewan Housing Finance Corp. -- down 76 percent over the past 12 months -- and other firms in the sector.
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GOVT MUST MAKE 5G SPECTRUM AVAILABLE AT REASONABLE PRICING: SUNIL MITTAL

Bharti Airtel chairman Sunil Mittal Tuesday said the government must encourage 5G rollout in the country at the earliest by supporting the telecom sector in terms of pricing of spectrum at reasonable levels and lowering various levies. My recommendation is govt must encourage 5G coming in India rather than being late. Government can help in giving more spectrum at reasonable price, Mittal told. He said the telecom regulator Trai-recommended price is very high, as for 5G every operator will require over 100 megahertz. All equipment currently being deployed by Airtel are 5G ready. You cannot have a situation where you want to benefit Digital India and you tax the most. Just not get into a new dialogue. you see new DCC (Digital Communications Commission) policy. What you have committed do that, Mittal said. The government has promised reduction in levies on the telecom sector under the new telecom policy. He said the industry is building infrastructure for 5G service and the government has to extend support.
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NILA MOHANAN HOLDS INTERIM RERA CHARGE

With the transfer of bureaucrat Sudhir Mahajan to Andaman and Nicobar Islands, the post of the interim Real Estate Regulatory Authority has fallen vacant. The government has issued an order stating the secretary of urban development will officiate as the regulatory authority, however, Goa lacks a full time urban development secretary too. Nila Mohanan has been given charge as urban development secretary as an interim measure along with her full time assignments as secretary education and secretary revenue. Government of Goa hereby designates the secretary urban development as the regulatory authority for the purpose. This order shall come into force with immediate effect, director and additional secretary for municipal administration R Menaka said in the official order.
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RELIANCE JIO, INDIA'S MOST PROFITABLE TELECOM COMPANY, MAY BE LOSING MONEY: ANALYSTS

Reliance Jio Infocomm Ltd, India’s most profitable wireless carrier, could lose as much as Rs 15,000 crore ($2.1 billion) this fiscal year when costs such as handset subsidies are included, said Chris Lane and Samuel Chen. That would be a bigger deficit than those of its larger rivals Bharti Airtel Ltd and Vodafone Idea Ltd, even though the company known as Jio will probably overcome them over the next 12 months in terms of service revenue and subscribers, the analysts wrote in a note to clients dated February 26. The fiscal year of Jio’s parent, Reliance Industries Ltd ends March 31. Jio, part of the group controlled by Asia’s richest man Mukesh Ambani, introduced a free-for-life call service and a price war in one of the world’s most crowded mobile markets. That push, which has included offering low-cost phones, has resulted in net handset subsidies likely totaling Rs 7,200 crore and total invested capital of Rs 2.6 lakh crore, Bernstein estimates.
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MUKESH AMBANI BREAKS INTO GLOBAL RICH LIST AS ANIL WITH $1.9 BN FIGHTS BANKRUPTCY

Reliance Industries chairman Mukesh Ambani has broken into the top 10 richest list globally with a networth of USD 54 billion, while his younger brother Anil has paled into the oblivion having lost over 65 percent of his networth, according to a report. The Hurun Global Rich List 2019 is topped by Amazon chief Jeff Bezos for the second year in a row, while the senior Ambani is placed 10th with a network of Rs 3.83 lakh crore, thanks to a rally in RIL shares, which had topped the Rs 8-lakh-crore-mark last month. Ambani owns almost 52 percent in Reliance. Anil Ambani, held in contempt of court by the Supreme Court last week for not paying up Ericsson Rs 540 crore, has lost over USD 5 billion, from USD 7 billion seven years ago to USD 1.9 billion this year, even though both the brothers got off with more or less same amount of inherited wealth. The other wealthiest Indians are Hinduja group chairman SP Hinduja with networth of USD 21 billion, Wipro chairman Azim Premji is at third with a networth of USD 17 billion, says the report released Tuesday. Steel giant ArcelorMittal's Lakshmi Mittal stands at fifth position, followed by Kotak Mahindra's Uday Kotak (USD 11 billion), Gautam Adani (USD 9.9 billion) and Sun Pharma's Dilip Shanghvi (USD 9.5 billion). With a wealth of USD 96 billion, Microsoft founder Bill Gates ranks second in the global list followed by Warren Buffet, chairman of Berkshire Hathaway with networth of USD 88 billion, LVMH's Bernard Arnault at USD 86 billion at the fourth slot. Facebook's Mark Zuckerberg with networth of USD 80 billion is at the fifth position.
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$22 BILLION GONE, YET INDIA'S SHADOW BANKS FACE MORE DARK DAYS

About $22 billion has evaporated from a group of almost two dozens non-bank financial companies since August 31, before confidence was rocked. And investors aren’t rushing to get back in, according to Citigroup Inc. analyst Manish B Shukla. Despite the sharp correction in stock prices of NBFCs, most investors are cautious on these names given near-term uncertainties, he wrote in a report earlier this month. He notes volatile third-quarter results and potential funding tightness after the recent events may be reasons for the lingering skepticism in the sector. Until last summer, non-bank financiers were a major part of investment portfolios. But a series of missed payments by one of the biggest firms, Infrastructure Leasing & Financial Services Ltd. — once categorised as systemically important by the central bank — then roiled India’s stock market. Now, the nation’s shadow-lending industry, which accounted for nearly four out of every 10 consumer loans in the last three years, has grown more cautious about extending new credit amid a funding crunch of its own. From small-ticket loans for smartphones to funding large apartment clusters, the firms have a finger in every pie. At some point, the growth in their loan books even rivaled that of the state-run banking giants facing lending restrictions owing to the large burden of bad debt. We believe NBFC growth will disappoint and there is a marked slowdown for most, which is now starting to reflect in their valuations, said Nilesh Shah He noted that his firm has reduced its exposure on both debt and equity funds, without saying by how much. In the race to grabbing opportunity, the companies ended up creating an asset-liability mismatch, according to Shah, who said the IL&FS default and tight liquidity in the banking system only added to the pain. India’s banking system liquidity is still in a deficit of 1.2 trillion ($16.9 billion), data compiled by Bloomberg show.
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AIR STRIKE ON PAKISTAN INCREASES MODI CHANCE TO RETURN: ANALYSTS

The air strike on terror camps in Pakistan is a positive for the markets as it illustrates a decisiveness in foreign policy and increases the chances of Narendra Modi to retain power after the forthcoming polls, say analysts. Economists at SBI said the markets is likely to gain after the strikes as they will look at the action as the one which builds a positive deterrence illustrating a decisiveness in our foreign and national security policy. It said during the Kargil conflict between May and July 1999, leading stock indices showed an initial decline but strong recovery thereafter, while after Uri action, the Sensex gained 100 points and so was the rupee. The SBI report also deemed to suggest that just like the previous actions, conflicts are more localised in nature.
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INDIA 47TH IN ‘INCLUSIVE’ INTERNET LIST: FACEBOOK

India ranked 47th in the overall Inclusive Internet Index 2019 score while Sweden topped the chart, followed by Singapore and the US, a Facebook-led study has revealed. Men still have more Internet access than women globally but low and lower middle income countries narrowed the gender gap in 2018, the study noted. According to the Inclusive Internet Index (3i) prepared by the Economist Intelligence Unit (EIU) for Facebook, there are demonstrable benefits from comprehensive female e-inclusion policies, digital skills programmes and targets for women and girls to study science, technology, engineering and mathematics (STEM). The UK, Namibia and Ireland, followed by Austria, Chile and South Africa, are among the top performers of the year, all with female digital skills training plans.
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LOK SABHA ELECTIONS: TWITTER PLANS TO LIAISE WITH EC, BOOST HIRING IN INDIA

Twitter Inc plans to boost hiring in India and appoint an officer to liaise with the Election Commission (EC), a senior executive said on Tuesday, responding to concerns about political misuse of social media ahead of this year’s general elections. Colin Crowell, told the election was a top priority for the company. Crowell said he had told the panel that we will certainly have a process and mechanism in place to address issues that will arise during the election period. The company was prepared to meet a request to hire an officer to liaise with the Election Commission, he said. However, Crowell was also critical of draft rules proposed in December by the technology ministry but yet to be formalized, which, if enforced, will impose rules on social media companies such as Twitter and Facebook. They include removing within 24 hours content deemed to be unlawful, including anything affecting the sovereignty and integrity of India.
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WARNING ISSUED OVER ATTACKS ON INTERNET INFRASTRUCTURE

Key parts of the internet infrastructure face large-scale attacks that threaten the global system of web traffic, the internet's address keeper warned Friday. The Internet Corporation for Assigned Names and Numbers (ICANN) declared after an emergency meeting an ongoing and significant risk to key parts of the infrastructure that affects the domains on which websites reside. There have been targeted attacks in the past, but nothing like this. The attacks could date back to 2017 but have sparked growing concerns from security researchers in recent weeks, which prompted the special meeting of ICANN. The malicious activity targets the Domain Name System or DNS which routes traffic to intended online destinations. ICANN specialists and others say these attacks have a potential to snoop on data along the way, sneakily send the traffic elsewhere or enable the attackers to impersonate or spoof critical websites. There isn't a single tool to address this, Conrad said, as ICANN called for an overall hardening of web defenses. This is roughly equivalent to someone lying to the post office about your address, checking your mail, and then hand delivering it to your mailbox, the US Department of Homeland Security said in a recent cybersecurity alert.
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FACEBOOK FACES EMPLOYEE ANGER OVER WORKING CONDITIONS AT OUTSOURCING FACILITY

Facebook now has about 15,000 content reviewers, almost all of whom work not for Facebook itself but for staffing firms like Accenture and Cognizant. The company’s decision to outsource these operations has been a persistent concern for some full-time employees After a group of content reviewers working at an Accenture facility in Austin, Texas complained in February about not being allowed to leave the building for breaks or answer personal phone calls at work, a wave of criticism broke out on internal messaging boards. Why do we contract out work that’s obviously vital to the health of this company and the products we build, wrote one Facebook employee. Bloomberg News viewed dozens of messages about the topic, on the condition that it not publish the names of people involved; Business Insider first reported the internal criticism earlier this month. A Facebook spokeswoman said there has been no change in policies at the facility in Austin, and that it is has been working with Accenture to ensure practices comply with Facebook policies.




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