Thursday, 14 March 2019

CORPORATE UPDATES 14.03.2019









INDIA ASKS BUSINESSES TO BE MORE SUSTAINABLE AND RESPONSIBLE

The Central government on Wednesday introduced new guidelines in line with the United Nations Guiding Principles on Business and Human Rights, which urge companies to be responsible and sustainable. The National Guidelines on Responsible Business Conduct urge businesses to conduct and govern themselves with integrity in a manner that is ethical, transparent and accountable. According to these guidelines, businesses should provide goods and services in a manner that is sustainable and safe. They should respect and promote the well-being of all employees, including those in their value chains. The guidelines say that businesses should respect the interests of and be responsive to all their stakeholders. They should respect and promote human rights. Businesses should respect and make efforts to protect and restore the environment. While engaging in influencing public and regulatory policy, they should do so in a manner that is responsible and transparent. Businesses should promote inclusive growth and equitable development. They should engage with and provide value to their consumers in a responsible manner, the guidelines say. The Ministry of Corporate Affairs is also in the process of developing a national action plan on business and human rights in consultation with various ministries and state governments by 2020. According to an official statement, the Ministry of Corporate Affairs has for long been taking various initiatives for ensuring responsible business conduct by companies. As a first step towards mainstreaming the concept of business responsibility, the Voluntary Guidelines on Corporate Social Responsibility were issued in 2009. They were revised as National Voluntary Guidelines on Social, Environmental and Economic Responsibilities of Business in 2011 after extensive consultations with business, academia and civil society organisations. The guidelines were made based on India's socio-cultural context and priorities as well as global best practices. Some of these include the thrust of Companies Act 2013 on businesses to be more mindful of their stakeholders. In 2012, the Securities and Exchange Board of India (SEBI) through its listing regulations mandated top 100 listed entities by market capitalisation to file business responsibility reports from an environmental, social and governance perspective. This was extended to the top 500 companies in 2015-16. Non-financial reporting is increasingly forming the basis for enhancing investor confidence in businesses and increasing their creditworthiness.
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SEBI TIGHTENS SCREWS ON LISTED COS CONTINUING WITH DIRECTORS AGED OVER 75

More than 110 top listed companies may have to change their board composition or seek shareholder approval if they want to continue to have one or more persons aged 75 years or more as a non-executive director on their board. From April 1, listed companies may no longer be able to continue having directors aged 75 years and above, per a SEBI order, unless they pass a special resolution and seek shareholder permission. If shareholders reject any such proposal, it could impact some family-run companies that have founding promoters as non-executive board members and continue having them till their demise. Shareholder advisory experts say companies are rushing to pass special resolutions and take shareholder approval for their continuance. Data provided by Prime Database, a market and company data tracking website, show that some prominent companies, including Reliance Industries, Maruti Suzuki, Lupin, Colgate-Palmolive, Procter & Gamble, DLF, Kesoram Industries, Berger Paints, Emami, Glenmark, Apollo Hospitals and Century Textiles, have at least one board member aged over 75. Some of these companies may have already taken shareholders approval for the continuance of such directors. Any company that desires to continue such non-executive board members will have to take shareholder permission via a special resolution and even record the reason for such an act, a SEBI notification says. There is no law which says that companies cannot have board members aged 75 years or above. Only, SEBI has mandated that a special resolution needs to be passed and shareholder permission sought which many companies are doing already. The SEBI rule is to ensure that people don’t continue on company boards perpetually without seeking permission, said JN Gupta. Section 161 of the Companies Act, 2013, states that a person can be appointed as an additional director in any board meeting and can be regularised as a director in the next annual general meeting (AGM) with the approval of shareholders. For the same, SEBI requires a ‘prior’ special resolution while the Companies Act, 2013, allows such an approval to be taken in next AGM.
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HOW WILL YOU PAY RS 3,500 CR TO DAIICHI SANKYO: SC ASKS SINGH BROTHERS

The Supreme Court Thursday asked former Ranbaxy promoters Malvinder Singh and Shivinder Singh to apprise it how they propose to comply with the Rs 3,500 crore arbitral award passed against them by a Singapore tribunal. A bench headed by Chief Justice Ranjan Googi asked the Singh brothers, who were present in the court, to consult their financial and legal advisors and give a concrete plan on how they will comply with the tribunal's order. It is not about individual honour but it doesn't look good for the country's honour. You were the flag bearers of the pharmacare industry and it doesn't look good that you are appearing in court, the bench also comprising Justices Deepak Gupta and Sanjiv Khanna said. The bench asked the Singh brothers to appear before it on March 28 and submit the plan, saying hopefully it will be the last time you are appearing in the court.
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NCLT GIVES 1 YEAR TIME TO ARCELORMITTAL FOR SEEKING APPROVALS

The NCLT while approving ArcelorMittal’s resolution plan has made some observations on the treatment of creditors and statutory concessions The order disposes of several applications, most of which deal with claims made by various creditors. Among them, Standard Chartered Bank, a dissenting financial creditor got some relief. It sought to quash the resolution that approved the resolution plan, and in the alternative, receive equitable treatment under the resolution plan. It was stated that SCB got only 1.7% of its total dues while other financial creditors were receiving around 92%. While the NCLT declined to quash the creditors’ committee resolution approving the resolution plan, it ruled against this unequal treatment of distribution amongst financial creditors and ordered a pro-rated distribution of resolution amount between all financial creditors. The promoters further sought to quash the resolution arguing their right to receive a copy of the resolution plan citing a recent Supreme Court judgment. The NCLT noted that at the time of approval of the resolution, the NCLAT direction was in place which was, in fact, the opposite, as it did not require suspended management to access the resolution plan. The Bench further noted that, the promoters had anyway offered for settlement and were evidently well aware of the contents of the approved resolution plan. In such a case, it rejected the plea for remitting the case back to the creditors. The approved resolution plan further sought various exemptions such as stamp duty, fees, transfer charges, transfer premium etc. The NCLT held that it is not in a position to grant these exemptions and that the resolution applicant will have to make appropriate submissions to the respective departments of the government. The NCLT provided a time frame of 1 year to the resolution applicant to obtain various approvals and exemptions. It also found that those parts of the resolution plan which are severable in this regard will be severed if unsuccessful.
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RBI DEFENDS FEB 12 CIRCULAR IN SC, SAYS NO PLAN SUBMITTED BY COMPANIES YET

Reiterating its stand on the February 12 circular, the Reserve Bank of India (RBI) on Tuesday said that the stressed accounts which were affected had not yet come up with a resolution plan, despite ample time having been given to them. In its submissions before the Supreme Court (SC), the regulator said that if the companies were ready with a plan they should place it before the court. Let them place the plan before the court. The banks are here and they can consider it. We can give 15-30 days the counsel appearing for RBI said. The banking sector regulator was responding to the power and sugar companies’ allegations that the February 12 circular was based on a ‘one-size-fits-all’ approach without considering the specific problems of the sector. The 180-day deadline, the RBI counsel said, had passed in September and yet no resolution plan had come from them. The debtors could have not been given infinite timelines, the RBI counsel said. There is no distinction between the kinds of debtors, the reasons for non-payment of the debt, or consideration for external factors influencing the sector, senior advocate Abhishek Manu Singhvi. In its submissions on Tuesday, RBI rejected this allegation and said that neither it nor the banks took such an approach. They instead took note of the individual problems of the companies under each sector and decide accordingly, the RBI counsel said. If they had reached an agreement with the banks, as they claim, they could have approached the National Company Law Tribunal (NCLT) and informed it that they were confident of finding a way. It would have been up to the NCLT to decide on that, the RBI counsel said. Some of the power and sugar companies who have challenged the circular have alleged that they had almost completed the negotiation with the banks when the RBI circular came which forced the banks to withdraw from the table. The court is hearing these petitions by dividing them into three categories. There are some companies that have challenged the validity of the Insolvency and Bankruptcy Code. The second group of companies have challenged the constitutional validity of the circular, and the third group, which consists mostly of power companies, have sought temporary relief from the circular only for themselves.
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REFUSE TO BELIEVE RCOM WILL LET ANIL AMBANI GO TO JAIL, SAYS SBI

State Bank of India, the main lender to debt laden Reliance Communications (RCom), told an appellate tribunal Wednesday that it refused to believe that the telco will let its chairman Anil Ambani go to jail contempt of court and will ultimately pay Ericsson by the March 19 deadline, even without the income tax refunds. Arguing for SBI in the National Company Law Appellate Tribunal (NCLAT), senior counsel NK Kaul reiterated that RCom had no right to have its dues paid by the Rs260 crore public money held in the trust and retention account and argued that the 118 crores for payments to Ericsson had already come from related companies and other sources. RCom needs to pay Ericsson Rs 453 crore - out of its Rs 571 crore dues - by March 19, else its chairman Anil Ambani will go to jail for three months. RCom has already paid Rs 118 crore. I refuse to believe that the chairman of this company will be allowed to go behind bars and they will not pay up the money. said Kaul. When the two-member bench led by Justice SJ Mukhopadhaya quizzed Kapil Sibal, senior counsel for RCom, on how the telco would raise the remainder of the dues to Ericsson if the tax refund of Rs 260 crore was released, Sibal said, We will see what we can borrow from the bank or something like that. RCom moved NCLAT, seeking directions to the 37 lenders including lead lender SBI, to release Rs260 crore that has been refunded by the IT department directly to Ericsson. Lenders have refused to do so, saying public money can’t be used to settle payment to a private party. NCLAT has warned that it would order a revival of insolvency proceedings in the National Company Law Tribunal (NCLT) against RCom if Ericsson wasn’t paid on time. If the logical order is that (there be) a revival of insolvency proceedings, then so be it, Kaul said. NCLAT Wednesday reserved its order. Let it go for insolvency. So far as banks are concerned. we can't do anything for sale (to Jio). We don't have a buyer available with us. The other telecom operators who had bid, there was difference of more than 70% between the bid of RJio and the other mobile telecom operators, said a counsel for some RCom lenders, who did not wish to be named.
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NCLAT RESERVES ORDER ON RCOM PLEA TO RELEASE FUNDS TO CLEAR ERICSSON DUES

The National Company Law Appellate Tribunal on Wednesday reserved its order on a petition by Reliance Communications which has approached the tribunal seeking the release of income tax refunds to clear dues of Ericsson. Lenders of RCom have opposed the plea. After hearing both the sides, the NCLAT bench headed by Chairperson S J Mukhopadhyay reserved the order in the case. Senior lawyer Kapil Sibal appearing for Anil Ambani-led Reliance Communications appealed for payment to be made to Ericsson from the trust and retention account held by SBI under which assets of telecom firm have been mortgaged. Senior lawyer Neeraj Kishan Kaul appearing for SBI argued for rejection of the RCom's appeal, contending that it will lead to outgo of public money for settling payment of a private party. He said that RCom asset monetisation deal failed because Reliance Jio refused to take responsibility of past dues of the Anil Ambani-led firm before the DoT and hence it is not liable to make payment on behalf of RCom. RCom has been asked by both the Supreme Court and the NCLAT to pay Rs 550 crore to Ericsson. The company has paid Rs 118 crore to Ericsson and if it fails to pay the rest of the amount then RCom group Chairman Anil Ambani may have to face jail term for the contempt of court order.
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NCLAT RESERVES VERDICT ON RCOM PLEA TO USE TAX REFUNDS WORTH RS 260 CR

The National Company Law Appellate Tribunal (NCLAT) on Wednesday reserved its verdict on a plea moved by Reliance Communications (RCom) to release tax refunds worth nearly Rs 260 crore held in a trust and retention account with the lenders of the company. Nearly 40 lenders of the company, including the State Bank of India (SBI) have opposed RCom’s plan to use this money to pay off Ericsson contending that the funds for paying the latter must come from a different source. The banks are trustees of the account. On Wednesday, SBI reiterated that it held the first right over the tax refunds which had come into the account. The joint lenders's forum led by SBI had on Tuesday also said that they should not be blamed for failing to recover Rs 37,000 crore from the sale of assets of RCom. It failed because Jio declined to pay RCom’s past debts, Senior Advocate Neeraj Kishan Kaul appearing to SBI had said, adding it was up to RCom to make provisions to pay Ericsson, whether the deal happened or not. The hearing in NCLAT on Wednesday saw heated arguments between the senior counsels for RCom and SBI. RCom alleged that SBI had approached the SC with a plea that the hearings be transferred from NCLAT since the appellate tribunal was misinterpreting the directions given by the top court in the matter. The bank, Senior Advocate Kapil Sibal appearing for RCom said, went to SC without informing it first. SBI, however, said that it had approached the top court just to protect its rights in case the NCLAT order in the plea moved by RCom went against it. RCom wanted to use the tax refunds of nearly Rs 260 crore parked in the retention and trust account, to pay off Ericsson India as a part of the total payment of Rs 550 crore that it has to make to the latter. The payment by RCom to Ericsson has to be made as part of the Supreme Court’s (SC’s) orders in which it had held Ambani guilty of contempt of court.
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BABA RAMDEV'S PATANJALI RAISES BID VALUE TO RS 4,350 CR TO TAKE OVER RUCHI SOYA

Baba Ramdev's Patanjali Ayurved has increased its bid value by around Rs 200 crore to Rs 4,350 crore for bankruptcy-bound Ruchi Soya, and the revised offer is likely to be considered by lenders soon. We are ready to bail out Ruchi Soya which has biggest infrastructure for soyabean. It's a national asset, S K Tijarawala said. He said the decision has been taken in the interest of all the stakeholders including farmers and consumers. The Committee of Creditors (CoC) could meet next week to consider the revised offer of Patanjali, sources said.
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NCLT RAISES SUSPICION OVER WITHDRAWAL OF INSOLVENCY PROCEEDING AGAINST STERLING BIOTECH

The Mumbai bench of the National Company Law Tribunal (NCLT) has raised suspicion over the manner in which the insolvency proceedings against Streling Biotech have been withdrawn. In an observation made yesterday, NCLT has asked the central government to look into the matter and see if it wants to make any representation against the withdrawal before the tribunal could pass any further order. The NCLT has questioned the manner in which withdrawal of the insolvency proceeding was carried out. It says while the promoters of the group -- Nitin Sandesara, Chairman and Managing Director and Chetan Sandesara, Joint Managing Director -- are absconding and government agencies like Enforcement Directorate, CBI and other agencies have failed to track them down, yet the lenders accepted the proposal of one-time settlement from the promoters. That is not all, observed the NCLT. The proposal of one-time settlement (OTS) came from a person named Farhad Daruwalla on behalf of Sandesara Group. However, it is not mentioned in the OTS proposal if the Sandesaras authorised the said person to submit the one-time settlement proposal. The tribunal also pointed out when the resolution to withdraw the insolvency proceeding was cleared by the committee of creditors (CoC), the insolvency resolution professional (IRP) had asked the CoC for details of the OTS proposal, sources of funds of the debtor (for one-time settlement) and if the proposal met the RBI norms. The CoC led by Andhra Bank (which initiated the insolvency proceedings against Sterling Biotech) said that the details would be directly given to the NCLT and did not submit any details with the IRP. It is to be mentioned here that the resolution to withdraw the insolvency proceeding against Sterling Biotech could not get the mandatory 90 per cent CoC votes during the 13th meeting of CoC on February 27 this year. After that, the IRP put the resolution proposal from ACG Associated Capsules Pvt Ltd for vote, which was also rejected by 93 per cent CoC votes. Then the IRP put the proposal for liquidation, which was again rejected by the CoC. When a fresh proposal for withdrawal was brought by Andhra Bank, it was finally accepted by the CoC by 90 per cent votes. It is to be noted here that the Enforcement Directorate has filed a prosecution complaint against Nitin Sandesara, Chetan Sandesara and two of their associates --Dipti Sandesara and Hitesh Patel -- in a money laundering case involving bank fraud of Rs 8,100 crore. Investigation in ED revealed that the promoters of Sterling group laundered the proceeds of crime through various layers and routed the funds outside India. They incorporated more than 100 entities abroad in various countries including UAE, USA, UK, BVI, Mauritius, Barbados, Nigeria etc. Their main entities outside India include Richmond Overseas, Sunshine Trust Corporation, SEEPCO BVI, SEEPCO Nigeria, Atlantic Blue Water Services Pvt Ltd. etc.
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LIQUIDATOR OPPOSES BANKS-PLEA TO SELL CONFISCATED VIJAY MALLYA PROPERTIES

The official liquidator appointed by the Karnataka High Court on Wednesday opposed a plea by banks to restore the confiscated properties of fugitive economic offender Vijay Mallya to them. A consortium of banks led by State Bank had filed an application before the special court of MS Azmi to liquidate Mallya's assets so that they can recover Rs 6,203.35 crore with annual interest at 11.5 percent payable since 2013. Official liquidator said, at present there are several creditors, including workmen and financial institutions, other than the applicant the bank, who also have legitimate claim on these properties. These properties officially belong to United Breweries Holdings, which Mallya sold to the British liquor giant Diageo. These properties, both movable and immovable, are valued at over Rs 5,000 crore. The official liquidator further said it would be in public interest that these properties are restored to him so that the interest of all creditors, including the applicant banks, can be safeguarded. The restoration of these properties to the official liquidator would ensure that the claims of all creditors are accessed and distributed in a fair and transparent manner in accordance with the law under the supervision of the Karnataka HC, he said. The liquidator was appointed to take over UBHL, after a single-judge bench of the Karnataka HC had passed an order to wind up the company in 2017. Meanwhile, the court the adjourned the hearing on a plea to confiscate Mallya's properties to April 8, after a few non-original applicants raised objections that their plea challenging the order of the PMLA court to declare Mallya a fugitive economic offender is pending before the High Court.
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‘AUDITORS NOW HAVE DUAL RESPONSIBILITY’

N.A. Charantimath has said that with the formation of the new regulatory authority, NAFRA, there was now dual responsibility on auditors now. Mr. Charantimath said that the Union government has set up a regulatory authority called National Financial Reporting Authority of India (NAFRA) in addition to ICAI which continues to regulate work done by ICAI members. Now, with the setting up of the new regulator, the area of operation is bifurcated. While financial reporting of listed companies is vested with NAFRA, the functioning of other entities is vested with ICAI Consequently, there is dual responsibility on auditors, he said. He highlighted the necessity of statutory audit of banks in the background of frauds, misrepresentation, increasing number of NPAs (Non Performing Assets). Mr. Charantimath said that ICAI had been very vigilant regulator of the accounting profession and it was one among the unique authorities in the world.
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FIRMS RUSH TO MEET SEBI’S RULES ON INSIDER TRADING

Listed firms are rushing to comply with the Securities and Exchange Board of India’s latest insider trading regulations ahead of the March 31 deadline. The regulator had asked companies to frame their insider trading rules in the new financial year starting April 1. Pursuant to Sebi’s notification on December 31, 2018, various new compliance requirements have been imposed on listed companies and intermediaries. Sebi has asked listed companies to have in place a policy and procedure for conducting inquiry in case of any leak of unpublished price sensitive information (UPSI), which was not a mandatory requirement earlier, said Tomu Francis. Similarly, it has asked companies to frame a policy pertaining to whistle-blowers for reporting any violations pertaining to insider trading by designated employees, he added. Regulation prohibits an insider from trading in securities while in possession of UPSI. The amendment has added an explanation to the clause which says that all trades undertaken while in possession of UPSI will be presumed to be ‘motivated’ by UPSI. Tomu said, Over the last few weeks, we have been helping many such entities in enhancing their internal frameworks in terms of insider trading regulations as the same is being viewed very seriously by both listed companies and other market intermediaries. Companies need to frame a policy on what constitutes legitimate purpose as part of the Code of Practices and Procedures for Fair Disclosure of Unpublished Price Sensitive Information. Changes have been made to the requirements of companies’ code of conduct such as inclusion of promoters and members of the promoter group to the class of designated employees.
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SEBI ACTION LIKELY ON AMCS THAT MISSED MARCH 12 CROSSHOLDING DEADLINE

Companies that have failed to comply with the Securities and Exchange Board of India’s (Sebi’s) 10 per cent cross-shareholding norm for asset management companies (AMCs) may now face the consequences. Sources said the market regulator might issue strictures against the firms as well as principal shareholders who have missed the March 12 deadline for reducing the stake to 10 per cent. Under the cross-shareholding norms, a single entity cannot hold more than 10 per cent in more than one AMC. The rules are to prevent potential conflict of interest and strengthen the governance structure of mutual funds. UTI AMC is among the mutual fund houses in violation of the norms. The UTI sponsors are learnt to have sought time for extending the deadline, which has been refused by the regulator. The sponsors also said to have approached the Department of Investment and Public Asset Management (Dipam) to intervene but even then they have not get any further extension. The issue is tricky as it involves state-run firms so the regulator has to take its move accordingly.
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RBI RELAXES NORMS FOR TRADE CREDIT

The Reserve Bank of India (RBI) Wednesday relaxed norms for imports of capital and non-capital goods by raising the trade credit limit to USD 150 million under the automatic route. Announcing the modified revised framework for 'Trade Credit Policy', the RBI, however, reduced the all-inclusive cost (all-in-cost) for overseas loans to benchmark rate plus 250 basis points from the earlier 350 bps. According to the revised framework, TCs up to USD 150 million or equivalent per import transaction for oil and gas refining & marketing, airline and shipping companies can be availed under the automatic route. For others, the limit is up to USD 50 million or equivalent per import transaction.
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SEBI TELLS PE AND VC FUNDS: NO SIDE DEALS WITH BIG INVESTORS

In the club of big boys some investors are more equal than others The norm — though a given in the world of private equity (PE) and venture capital (VC) funds — is under the scrutiny of the capital markets regulator. The Securities and Exchange Board of India (Sebi) is asking these funds, which raise money from the rich and ultra-rich, to stop discriminating between investors and refrain from adding clauses in the investment documents that seem to favour certain investors. Since alternative investment funds or AIFs in regulatory parlance is a pooled vehicle, Sebi believes that all investors in each class should enjoy uniform terms. But fund managers argue that it may be simplistic to equate PE and VC funds with mutual funds which attract retail investors. Sebi has been raising an issue with discretionary terms being offered to some outside investors who co-invest. While the regulator has its concerns, the industry is trying to put across the message that these funds effectively raise money through private placement from sophisticated investors and special rights are given to bring large investors on board. The practice also helps to split the risk instead of letting risk concentrate within a fund, said Siddharth Shah. Indeed, ‘side letters’ to cover some of the differential terms are almost a norm for PE funds globally and, fund managers think, that if participating investors are aware of the existence of such rights, the funds should have the flexibility to negotiate certain commercial terms with large investors as long as the fiduciary duty to each investor remains intact. The regulator, though in a separate context, is also insisting on certain uniformity in the fund document.
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RBI, CID WARN OF FRAUDS USING REMOTE ACCESS APP

The criminal investigation department (CID) of the city police and Reserve Bank of India (RBI) have cautioned citizens about a new mode of online fraud conmen making fraudulent transactions by misusing the ‘AnyDesk’ app. The cyber crime police have filed 30 cases of such a fraud in the past two months. The app, downloaded over a million times, is being misused to enable a user to remotely take control of another computer system or mobile phone. In February, the cyber security and IT examination cell of the RBI issued an alert to banks, describing the modus operandi of the fraud and asked banks to create customer awareness about it. The Bengaluru City Police, on behalf of the cybercrime division of the CID, has posted a warning about the app on its Facebook page. The post says lots of cases of the app being misused have been reported and advises users to instead use apps that generate a new user ID and password for every session. An official from the cyber crime police station said when a user searches for the contact of customer care of any firm via a search engine, he/she finds a contact number which is not the correct number. Conmen upload their own numbers, which are displayed in the search results. When users calls the number, the conman asks them to download the AnyDesk app and share a nine-digit code. This grants them access of the user’s phone or computer. Once the conman has remote access, he uses the UPI payment apps installed on the victim’s phone to transfer money to his/ her own account. The conman still needs the one-time-password (OTP) to complete the transaction, which the user provides him, still under the impression that the conman is a customer care personnel. Other apps can also be used to defraud people with a similar modus operandi. Some cases of frauds using MYSMS app have also been reported in the city. The app enables a user to read and send SMS texts from a computer or tablet connected to a phone.
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RBI TO USE NEW TOOL FOR LIQUIDITY MANAGEMENT

The Reserve Bank of India is using a new tool to enhance liquidity in the system through which it would buy as much as $5 billion from the banks in a swap deal that could inject nearly 35,000 crores into the system. Banks would be required to park dollar funds with RBI with a deal to buy it back from the RBI after three years. The auction for this first of its kind US dollar buy/sell swap auction will take place on March 26. This is the first time the central bank is using a foreign exchange auction to augment banking liquidity after generally using bond purchases for the same all these years. RBI has infused more than Rs 2.36 lakh crore through such purchases so far this fiscal. In order to meet the durable liquidity needs of the system, the Reserve Bank has decided to augment its liquidity management toolkit and inject Rupee liquidity for longer duration through long-term foreign exchange buy/sell swap in terms of its extant Liquidity Management Framework. The US dollar amount mobilized through this auction would also reflect in RBI’s foreign exchange reserves for the tenor of the swap while also reflecting in RBI’s forward liabilities, RBI said. Minimum bid size for the auction is set at $25 million and banks will be allowed to submit multiple bids. However, the aggregate amount of bids submitted by single eligible entity should not exceed the notified amount of auction.
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BANK CUSTOMERS WOULD SHARE MORE DATA FOR BENEFITS: REPORT

Most consumers worldwide would share more personal data with banks and insurers in exchange for cheaper services despite privacy concerns, according to an Accenture Plc study released on Thursday. Six in 10 consumers polled by the management consultancy, one of the world's largest, said they would share data such as lifestyle habits if they received benefits ranging from gym membership discounts to offers based on their location. Among 47,000 consumers surveyed across 28 countries, 81 percent said they would be willing to share more data with banks for faster loan approvals, while 79 percent would provide personal information to their insurer if it would reduce the odds of injury or loss. While eager to share more, 75 percent of respondents said they were very cautious about privacy. Rising costs were cited as the top reason for leaving a financial institution, followed by data security breaches. Large financial firms have been seeking to tap into their vast troves of customer data to offer more personalized services, even as technology companies face growing public scrutiny over how they handle such information. But banks have been relatively slow in making headway, partly because they often store the information in various systems. More than 30 percent of respondents trust their bank more than a year ago, partly because of strong industry oversight, Holley said. People have been trained that the regulations are looking out for them.
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FILE FOR BANKRUPTCY TO BECOME DEBT-FREE

Imagine falling into a debt trap, exhausting all your sources of funding, and finding yourself at a dead end. In such situations, your only recourse may be filing for bankruptcy. Though Indian laws have the provision wherein individuals can file for bankruptcy, the process is not as streamlined as it is for corporate entities under the Insolvency and Bankruptcy Code (IBC). Though the IBC has rules for individual bankruptcy too, they have not been notified yet. We tell you how the current bankruptcy law works and how can it change to your advantage under IBC. If you live in Mumbai, Kolkata or Chennai, you will be governed by the Presidency Towns Insolvency Act, 1909; for all other places in India, you will be governed by the Provincial Insolvency Act, 1920. Both laws are similar and eventually are meant to be replaced by the IBC. Under the Provincial Insolvency Act, you can file for bankruptcy if you are unable to repay a debt greater than 500. Until the decision on the application is taken, an interim receiver takes possession of the property of the debtor. If the application is admitted, the court can apply a stay on any legal proceedings against the property or assets of the debtor. In other words, you can get a stay order against further recovery efforts by your creditors. Once your application is admitted, your property vests with the receiver appointed by the court. This official then distributes your assets among the creditors, unless a compromise proposed by you has been accepted by your creditors and the court. Once this process is completed, you will be discharged from bankruptcy by the court, giving you the opportunity to build your life and finances afresh, without being hounded by your previous creditors. While the insolvency proceedings are pending before the court, you can apply for a minimum maintenance amount for your own and your family’s survival. However, until you are discharged from bankruptcy, multiple restrictions apply to you. An undischarged insolvent under the current law cannot act as a director in a company, be a public servant, be elected or sit or vote as a member of any local authority, etc. Once she is discharged, any disqualifications and restrictions are removed, said Satija. Remember that the procedure does not discharge you from all debts, said L. Vishwanathan. An order of discharge by the court (which may be conditional) releases the insolvent from all debts except those specified under relevant statutes such as any debt due to the government, any debt incurred by means of any fraud or fraudulent breach of trust, debt in respect of which the insolvent has obtained forbearance by any fraud and liability to pay maintenance, he said. There are no prisons for debtors in India and any such imprisonment will be unconstitutional. However, you can go to prison if you commit any fraud relating to the debts you owe. IBC for individuals will bring in two important changes to the bankruptcy process. One, the process will become more timebound than what the current laws provide. Two, it will provide for an automatic moratorium or stay on debt recovery efforts, once you file an insolvency application before the adjudicating authority under IBC. Under the current laws, the grant of a stay is at the discretion of the court. With rising non-performing assets in the corporate sector, banks are increasingly turning their attention to retail lending. According to Reserve Bank of India data, personal loans given out by Indian banks have surged from 10 trillion in January 2014 to 21 trillion in January 2019. As Indian households take more debt, case of delinquencies and bankruptcies are also set to grow, making an effective bankruptcy law particularly important. A smooth and quick bankruptcy process can help thousands of borrowers repair and rebuild their financial lives.
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MARKET REGULATOR SEBI PLUGS CRITICAL LOOPHOLE IN NEW DELISTING REGULATIONS

The Securities and Exchange Board of India (Sebi) has plugged a critical loophole in the new delisting regulations. On Wednesday, the market regulator amended delisting regulations to allow acquirers to make a ‘counter-offer’, in case price discovered through reverse book building (RBB) was not acceptable to them. According to Sebi regulations, public announcement of a counter-offer by acquirer through stock exchanges should be made within two working days from the date of closure of the bidding process. Moreover, the public announcement regarding the counter offer should be published in the same newspapers where the original reverse book building announcement was made within four working days from the closure of the reverse book building process. The shareholders should be given the option to withdraw the shares tendered within ten working days from the counteroffer announcement. The letter of offer for the counter offer should be dispatched within four days of the closure of reverse book building, and the counter offer should be opened within seven working days from the date of public announcement of the counteroffer, Sebi said in a circular. The counter-offer bidding will be open for five working days. And payment of consideration and return of equity shares should be made within ten working days from the closing of the counteroffer. The loophole in regulations came to light during the delisting bid in Linde India. Delisting regulations have a provision for promoters or acquirers to make a counter offer if they can’t accept the discovered price. This must be done within two days of the determination of the discovered price. However, there were no operational guidelines for this, said experts.
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SEBI REVISES DISCLOSURE REQUIREMENTS FOR SIGNIFICANT BENEFICIAL OWNERSHIP

Market regulator Sebi has revised the disclosure requirements for significant beneficial ownership for various listed entities. The move comes weeks after the corporate affairs ministry amended the rules pertaining to significant beneficial ownership under the Companies Act, 2013. In December 2018, Sebi issued a circular wherein entities were asked to make disclosures about significant beneficial owners in a prescribed format. On Tuesday, the markets regulator said the circular is being modified following the amendment of Companies (Significant Beneficial Owners) Rules by the ministry last month. Apart from providing more clear definitions for determining whether an individual or an entity has significant beneficial ownership, corporates will be required to provide the details in a more elaborate manner to the ministry.
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STERLING BIOTECH: NCLT SLAMS ANDHRA BANK FOR SUBMITTING OTS PROPOSAL

Coming down heavily on Andhra Bank for not sharing details of its proposal with the resolution professional and submitting one time settlement (OTS) proposal by Sandesara group for defaulting Sterling Biotech Ltd, the National Company Law Tribunal (NCLT) has issued notice to government before passing further orders. In a strongly-worded order, the Mumbai bench says, OTS proposal is from Mr Farhad Daruwalla, who has signed on behalf of Sandesara group. It is not mentioned in the OTS proposal whether Farhad Daruwalla has been authorised by the corporate debtor to submit OTS proposal. It is also important to point out that the corporate debtor is Sterling Biotech and no proceedings under Insolvency and Bankruptcy Code (IBC) has been initiated against Sandesara group. How the proposal submitted by Sandesara group is accepted by the financial creditors creates suspicion when the promoter and director is absconder and Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) is searching them. In this background, before passing any further order, we would like to issue notice to the central government through regional director of ministry of corporate affairs (MCA), ED, income tax authorities, CBT, SEBI and RBI, so that if they want to make any representation, they can make the same before passing any further order on the miscellaneous application for withdrawal, it added. In a regulatory filing, Sterling Biotech had stated, The committee of creditors has approved the withdrawal of the Corporate Insolvency Resolution Process- CIRP of the company with requisite majority. When the RP asked the CoC for further directions, during the 14th meeting, it was revealed that Andhra Bank on 5 March 2019 had submitted a fresh proposal for withdrawal of CIRP of Sterling Biotech. When asked to share details of its proposal, a representative of Andhra Bank told the RP that to refer documents submitted to NCLT on 26 February 2019. A representative of Andhra Bank further informed the RP that should the NCLT seek information pertaining to the OTS offer including sources of funds, timeframe for payments to each lender, compliance with RBI norms and whether the interest of all stakeholders and CoC members have been provided for under the OTS offer, the applicant Andhra Bank and CoC will address all such queries posed by the NCLT directly and not with the RP, the NCLT bench observed. NCLT said, It is pertinent to mention that the promoters of Sterling Biotech are absconder and we often get the news from the newspaper that various government agencies like ED, CBI and other agencies are unable to trach the promoters of Sterling Biotech. Next hearing in this case is scheduled on 26 March 2019.
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RBI TO PERMIT ONE-TIME RESTRUCTURING OF EXISTING LOANS TO MSMES

Reserve Bank of India (RBI) has decided to permit a one-time restructuring of existing loans to Micro, Small and Medium Enterprises (MSMEs) that are in default but ‘Standard’ as on January 1, 2019 without an asset classification downgrade. This was decided in a programme that was organized with RBI, nationalized banks and industries associations on restructuring of advances to MSMEs by MSME-DI. Recently RBI has issued guidelines on restructuring of advances to MSMEs. The objective is to facilitate meaningful restructuring of MSMEs accounts that have become stressed. The main objective is to solve the problems of stressed MSMEs. He said, RBI is in forefront to support MSMEs from demand as well as supply side. To be eligible for the restructuring scheme, the aggregate exposure including non-fund based facilities of banks and NBFs to a borrower should not exceed Rs 250 million as on January 1, 2019 and restructuring is to be implemented by March 31, 2020.
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KOTAK VS RBI: READY TO CAP PROMOTER VOTING RIGHTS AT 20%, BANK TELLS COURT

Kotak Mahindra Bank Ltd on Tuesday told the Bombay high court that its promoters are ready to give an undertaking to cap their voting rights at 20% despite holding a 30% stake in the private lender to allay concerns of the Reserve Bank of India (RBI) on concentration of power. Kotak Mahindra Bank moved the Bombay high court after RBI rejected its proposal to issue perpetual non-convertible preference shares in August to comply with rules concerning promoter shareholding. Billionaire founder Uday Kotak, who holds about 30% of the bank, has been asked by RBI to lower his stake to 20% by the end of December 2018 and to 15% by March 2020. While the next hearing on the case has been scheduled for 1 April, RBI’s senior counsel Venkatesh Dhond sought a week’s time to file an affidavit in response to the bank’s writ petition. The case, being heard by a two-judge bench of Justices B.P. Dharmadhikari and Sarang V. Kotwal, is being closely watched as it is the first time that a bank has moved court on a RBI directive. The court observed that the matter is not so simple that interim relief can be provided and declined to grant a stay on the deadline set by RBI.
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IPO MARKET SEES GREEN SHOOTS, BUT REVIVAL UNLIKELY UNTIL ELECTIONS

Indian firms are returning to equity markets to raise funds with two companies opening subscriptions for initial public offerings (IPOs) this month, but sentiment is expected to remain cautious ahead of national election starting in April. While investor sentiment for equities has picked up amid renewed hopes for a second term for Prime Minister Narendra Modi's government, analysts expect the primary market for equity issues to only gather pace after election results. When the outcome of the elections is clear and if the global scenario keeps improving, then we should have a good year for IPOs, said Varun Khandelwal. Embassy Office Parks REIT's IPO consisting of a fresh issue worth up to 5,250 crore ($754.15 million), India's first real estate investment trust listing, will open on March 18, the company said on Tuesday. Stock exchange data showed net foreign portfolio inflows into Indian equities hit a 15-month high of $2.42 billion in February, a big swing from 2018's net outflows of $4.4 billion.
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SEBI UNLIKELY TO REDUCE DERIVATIVE TRADING MARGINS UNTIL ELECTIONS 2019

The Securities and Exchange Board of India (Sebi) is reviewing higher derivative trading margins after receiving representations from brokers but is unlikely to reduce them until the Lok Sabha elections are over since it expects high volatility during the period, two people with direct knowledge of the matter said. As part of its attempts to reduce excess speculation, the market regulator on 17 December nearly doubled exposure-based margin in equity derivatives. The margin was earlier 3% of the contract value for index options and index futures, and 5% for stock futures and stock options. Under the revised framework, it is 11% for Nifty futures and 9% for Nifty options including upfront- and exposure-based margins. Sebi has agreed to review the margin requirements considering the broker representations which claimed that these were too high and could bring trading to a standstill. But it is not in favour of any revision before elections as it anticipates huge volatility as India goes through the rounds of elections. These higher margins will help in better risk management, said the first of the two people quoted above, both of whom spoke under condition of anonymity.
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SEBI SLAPS RS 5 CRORE FINE ON PROMOTERS OF NAKODA LTD

Sebi has slapped Rs 5 crore fine on the promoters of Nakoda Ltd for failure to comply with its order passed more than five years ago wherein the entities were directed to make an open offer. In 2011, the collective shareholding of the company's promoter entities rose from 50.23 per cent to 62.93 per cent. Since the increase in stake was more than 5 per cent, a public announcement of open offer was to be made under Sebi norms but the entities failed to do so. Then in 2013, the watchdog directed the entities to make an open offer and the ruling was also upheld by the Securities Appellate Tribunal (SAT) in 2017. On Wednesday, Sebi said that till date the promoter entities have not complied with the order passed in 2013.
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CCI CLEARS RADIANT LIFE CARE-MAX HEALTHCARE MERGER

The Competition Commission of India (CCI) has cleared the purposed deal between KKR-backed Radiant Life Care and Max Healthcare. The companies announced the proposed merger in a joint statement in December 2018. The combined entity will be valued at Rs 7,242 crore, according to the statement. In a tweet on Tuesday, the fair trade regulator said it approves proposed combination of Max Healthcare Institute Limited, Radiant Life Care Private Limited and Kayak Investments Holding Private Limited (affiliate of KKR & Co. Inc.). In a separate tweet, CCI said it has approved the acquisition of additional shares by Mitsui in IHH Healthcare Berhad. The acquisition of shares will be by way of shares purchase from Khazanah Nasional Berhad. Further, the CCI in another tweet said it approves acquisition by CK Holdings of automotive components business of Fiat Chrysler Automobiles N.V.
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HDFC BANK CROSSES 6 TRILLION MARKET CAP MARK AS SHARES HIT RECORD HIGH

India's most valued lender HDFC Bank Ltd crossed the 6 trillion market capitalisation for the first time on Wednesday, making it only the country's third firm to achieve the milestone. Intra-day, the stock touched a fresh record high of 2,233 on the BSE, up 2.87% from its previous close. The scrip closed at 2,226.10 on the BSE, up 2.56%, with a market capitalisation of 6.06 trillion. The Sensex rose 0.58% to end at 37,752.17 points.
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ICEX TURNOVER JUMPS 5-FOLD IN SIX MONTHS TO 5,332 CRORE

The Anil Ambani-controlled Indian Commodity Exchange has recorded a five-fold increase in turnover to 5,332 crore in the last six months, largely due to robust trading in diamond contracts. The largest commodity exchange in diamond futures trading has seen a steady increase in turnover from 1,090 crore logged last September to a high of 5,332 crore in February. Nearly 85 per cent of the turnover generated in February was attributed to trading in diamond futures contracts, which were launched on the platform in August 2017. Traded only on ICEX, the diamond contract provides a hedging tool for exporters. Turnover of the diamond futures contract on the exchange increased over 14 times in the last six months to 4,531.50 crore in February from about 318 crore. Though exports of cut and polished diamonds from India suffered due to various issues in the industry, they have picked up pace in the last few months, rising 10 per cent to 1.37 lakh crore ($19 billion) in the first 10 months of this fiscal year.
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BHARTI AIRTEL TO TRANSFER MOST OF ITS INFRATEL STAKE TO UNIT

Bharti Infratel said on Tuesday its majority shareholder Bharti Airtel will lower its direct stake in the telecom tower company by more than a half. Airtel’s unit Nettle Infrastructure Investments will buy up to 32% stake in Bharti Infratel by March 18, Infratel said in an exchange filing. Airtel will own an 18.3% stake in Infratel after the transfer, down from its current stake of 50.33%. Whenever Airtel transfers stake to Nettle Infrastructure, (eventually) they will sell the stake to a third party. This will help them raise money, said a Mumbai-based an analyst, who did not want to be named.
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ANOTHER ROUND OF JOB LOSS LOOMS FOR MID-LEVEL IT EMPLOYEES

Mid-level IT employees in the software services sector could be staring at another round of job losses as Artificial Intelligence (AI) takes over their roles, especially in the area of project management. In the $167-billion Indian IT industry, project managers constitute 5-7 per cent of the 3.8-million workforce. Though all of them may not be rendered redundant, a large chunk of them might struggle to retain their jobs because of the increasing role played by AI. Project managers play a key role as they are in charge of a specific project or projects within an organisation. Typically, their job entails ensuring that projects are completed on time, carrying out analyses across a range of projects from maintenance to application development, giving updates on the status of projects, and sharing insights on the number of people required for the project and other factors such as kind of expertise needed, explained AV Sridhar. The top five software majors — TCS, Infosys, HCL Tech, Wipro and Cognizant — work on 9,000–12,000 projects. While companies do not provide granular data on how many project mangers are deployed for each of these projects, industry watchers believe a project typically requires between three and seven such managers depending on the complexity and the value. According to FITE data, around 60,000 employees in the technology sector were forcibly asked to leave in 2017.
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AZIM PREMJI COMMITS 52,750 CR TO PHILANTHROPY

Azim Premji, announced on Wednesday that he has committed 34 per cent of the shares of Wipro Ltd worth about 52,750 crore to philanthropy by irrevocably renouncing more of his personal assets and earmarking them to the endowment, which supports the foundation’s philanthropic activities. In a statement, he said he has additionally earmarked all economic benefits for philanthropic purposes, in approximately 34 per cent of the shares in Wipro Limited with a current market value of 52,750 crore ($ 7.5 billion) held by certain entities controlled by him. This action is in addition to his earlier donations to philanthropy, which included Wipro’s shares, as well as other assets owned by him. With this action, the total value of the philanthropic endowment corpus contributed by Premji is 1,45,000 crore ( $ 21 billion), which includes 67 per cent of economic ownership of Wipro Limited. Azim Premji’s philanthropic activities have an overarching vision to contribute to developing a just, equitable, humane & sustainable society in India. To enable this vision, the Azim Premji Foundation works directly in education and supports other not-for-profits working in some specific areas through multi-year financial grants , the statement said. The foundation’s extensive field work in education has been in some of the most disadvantaged parts of India, to help contribute to the improvement of quality and equity of the public (government) schooling system. All this work has been in close partnership with various State Governments. Currently this field work is spread across Karnataka, Uttarakhand, Rajasthan, Chhattisgarh, Puducherry, Telangana, and Madhya Pradesh, along with some work in the north-eastern states of India. The Foundation’s field strategy focuses on creating and scaling up a network of institutions at the District and State levels, to contribute to improvement in the school education system on a continued and sustained basis. As part of its overall strategy, the Foundation has also set up the Azim Premji University in Bangalore. The University has been established with a clear social purpose of developing outstanding professionals in the domains of education and related areas of human development for the entire country. The University does this by offering various kinds of degree programs, education programs, and conducting research in various fields of human development and social importance. The initiative to support other not-for-profits by providing multi-year grants was started in 2014 by the Foundation. This enabled the expansion of its philanthropic efforts to domains other than education that are crucial to contributing towards its vision. The grants support efforts of partners that directly or indirectly help create tangible improvements in the lives of deeply disadvantaged, under-served and marginalized sections of our society. In the last five years, these grants have supported over 150 organizations engaged in a range of domains across India. Over the next several years, the activities of the foundation are expected to scale up significantly. The team driving the field work in education is expected to grow significantly from the current 1 ,600 people, while the University will expand to have 5 ,000 students with 400 faculty members across multiple programs. Thereafter, another University in the northern part of India may be set up by the foundation. Thegrant-making activities will also continue to expand rapidly, growing three times from its current levels, supporting good work across multiple domains of social importance in India. Overall, this strategy and its expansion aims to contribute meaningfully to developing a more just, equitable, humane and sustainable society in India.
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BOI TO INFUSE FUNDS INTO JET AIRWAYS ONLY IF OTHER BANKS AGREE

Bank of India (BoI) is ready to provide emergency funding into Jet Airways but only if other lenders also are willing to put more funds in line with their exposure. Our stand is very clear that we are going to support (the resolution plan) unless we support there will be value destruction. We have to protect the value we have also made it clear that all stake holders have to pitch in we have made our mind clear, said D Mohapatra. He did not give a direct reply when asked how much funding the debt laden airline is looking from banks. But was clear that BoI will only participate if others commit to put more money. In every game everybody should be there, isn't it?, he said. The bank is still hopeful of big recoveries this quarter led by Rs 1,800 crore from ArcelorMittal's purchase of Essar Steel.
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ZEE MAY SELL 20% STAKE TO SONY FOR 13,000 CRORE

Japanese electronics and entertainment giant Sony Corp. is in advanced talks to buy a stake in Subhash Chandra-controlled Zee Entertainment Enterprises Ltd (ZEEL) and form a strategic partnership, three people aware of the discussions said. Chandra is looking to sell 20-25% stake in the BSE-listed company that is struggling to raise funds and pay off debt, said the people cited above, requesting anonymity. They said the entire amount raised through the stake sale would be used to repay promoter debt worth 13,000 crore. The talks have reached the valuation stage, wherein Chandra wants to sell the stake at a premium of about 30%, said the first of the three people cited above. The sticking point could be the quantum of stake Chandra wants to retain in Zee. Essel Group holds a 41.62% stake in Zee, of which more than half is pledged with lenders, according to latest available data. He (Chandra) wants to have at least a 20% stake in the company. He wants it. So, that depends on what price he is getting. Almost 940 million shares are there. At 650 level, even if he sells 19%, he gets up to 13,000 crore, which will take care of the situation, said one of the three people cited earlier, whose bank has exposure to Zee.
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BHARTI AIRTEL ARM APPLIES FOR IN-FLIGHT CONNECTIVITY LICENCE

A Bharti Group company, Indo Teleports, has approached the Telecom Department for in-flight connectivity licence that allows service providers to offer connectivity and data services to Indian and foreign airlines, sources said. Sources privy to the development told PTI that Indo Teleports, a subsidiary of Bharti Airtel, has applied to the Telecom Department for the said licence and that the proposal is currently under examination.
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INDIA COULD BE A $3 TRILLION DIGI ECONOMY IN THE NEXT 4-5 YEARS:RAVI SHANKAR PRASAD

India could be a $3 trillion (digital) economy in the next four to five years. That is the goal we have set. Digital India is designed to empower ordinary Indians Our idea is to make India the biggest manufacturing hub in electronics with 1crore employment in the electronics sector and 35-40 lakhs in the software sector, said Prasad. Prasad added that there was a time when India had only two companies making mobile phones — and today, the country is home to 127 mobile manufacturers. India is now second only to China in mobile phone manufacturing. India has become the second largest startup movement in the world with the valuation of Unicorn is higher than in the UK. Prasad added that the digital initiatives have empowered nearly 1.5 crore students with e-scholarships worth 5,000. He also said that while in November 2016, there were only 4,000 transactions per day on BHIM UPI app, the number went up to over 2 crore transactions per day in December 2018, which is being propelled by people living in smaller cities. 




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