Friday, 22 March 2019

CORPORATE UPDATES 22.03.2019





OUTSTANDING LISTING FEE CAN’T BE RECOVERED UNDER IBC, RULES NCLT

Ruling that the National Company Law Tribunal (NCLT) is not the right forum to initiate recovery proceedings for non-payment of ‘annual listing fees,’ the tribunal’s Mumbai Bench has said that the listing agreements are subject to the control and supervision of the Securities and Exchange Board of India (SEBI). The ruling came in a plea filed by the Bombay Stock Exchange (BSE) against Asahi Infrastructure & Projects. The Bench of MK Shrawat, Member (Judicial), observed that the debt in question falls within the ambit of regulatory dues Therefore, as a sequel, they need not be treated as operational debt. While dismissing the petition filed by the BSE under Section 9 (application for initiation of corporate insolvency resolution process by operational creditor) of the Insolvency and Bankruptcy Code (IBC), the tribunal said the petitioner has the liberty to approach the appropriate forum and take legal steps for which it is entitled to. BSE, in a statement in December 2017, said a few listed companies had failed to pay the listing fee for the last few years in spite of advance intimation, reminders and grant of sufficient time. Such companies — numbering about 130 — continue to be listed and traded on the BSE. Proceedings have already been initiated against seven such defaulters before the NCLT, Mumbai, the exchange said. The tribunal referred to the Insolvency Law Committee’s March 2018 report wherein an observation is made that SEBI has wide ranging powers to enforce its orders and recover dues. Further, it mentioned that the Law Commission has given an example of Section 24 (2) of SEBI Act, 1992, that if any person fails to pay the penalty imposed or fails to comply with any of directions, he/she shall be punishable with imprisonment etc. The ccommission, after due deliberation, unanimously agreed that regulatory dues need not be included in the definition of operational debt. Because of this final observation (as made in Para 1.20) of the Law Commission Report, this Bench is of conscientious view that in spite of the fact that there was a listing agreement executed between the BSE with the corporate debtor, it [the issue] is totally governed and supervised by the regulations issued by SEBI. As discussed supra (above), the regulatory authority (SEBI) is already empowered to execute not only its recovery mechanism, but also enshrined with power to punish the defaulter; hence, the insolvency proceedings shall not be gainful either to the regulator or the exchange (front-line regulator), said the Bench.
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NPA CRISIS: PSU BANKS’ RECOVERIES LESS THAN WRITE-OFFS IN OCTOBER-DECEMBER THIS FISCAL

Cash recoveries made by 20 public-sector banks (PSBs) in the December quarter of FY19 were lower than the amount of loans written off by them during the quarter. The clutch of banks together recovered Rs 35,058 crore during Q3 while writing off loans worth Rs 44,998 crore over the same period. This was even as recoveries rose 37% over Q3FY18 and 15% over Q2FY19. The fact that there were no large non-performing assets (NPAs) resolved through the insolvency route during the December quarter restricted banks’ recoveries. Fifteen of the 20 banks recovered less than they wrote off in the third quarter, with the difference being the largest for Central Bank of India, which recovered Rs 465 crore and wrote off loans worth Rs 4,069 crore in Q3. The March quarter may turn out to be a better one for Central Bank as it hopes to recover around Rs 2,500 crore from the sale of its exposures to Essar Steel (Rs 424 crore), Bhushan Power & Steel (Rs 1,550 crore), Alok Industries (Rs 1,251 crore), Bombay Rayon Fashions (Rs 96 crore) and Burnpur Cement (Rs 51 crore). With Rs 221 crore recovered against write-offs worth Rs 1,211 crore United Bank of India also saw a wide mismatch between the two categories. On the other hand, Andhra Bank recovered Rs 503 crore, significantly more than the Rs 55 crore it wrote-off during the December quarter. The government had set a recovery target of Rs 1.8 lakh crore for PSBs in FY19. Senior officials at the finance ministry and public-sector bankers held a meeting on Monday to take stock of recoveries from stressed assets, mainly through the Insolvency and Bankruptcy Code (IBC).
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PRIVATE SHIPBUILDER ABG SET TO BE LIQUIDATED

ABG Shipyard Ltd, once India’s biggest private shipbuilder, is headed for liquidation after a lenders panel rejected the resolution plan submitted by London-based Liberty House for the debt-laden shipbuilder. The Committee of Creditors (CoC) led by ICICI Bank has approved a resolution backing the liquidation plan. The yard owes some Rs 18,245 crores to a clutch of banks led by ICICI Bank. The NCLT is expected to issue a final order on liquidation shortly.
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EDEN REAL ESTATES: NEXT NCLT HEARING ON APRIL 26

The National Company Law Tribunal (NCLT) will next hear the winding up matter of Kolkata-based Eden Real Estates on April 26. Cyprus-based Betoking Limited — as a financial creditor — had dragged Eden Real Estate, the developers of Eden City Maheshtala in Kolkata, to the insolvency court, sources close to the development said. The petitioner had sought the winding up of Eden Real Estate Private Limited for non-payment of admitted interest dues on Compulsory Fully Convertible Debentures (CFCD). CFCDs were issued to the tune of 29.76 crore and subscribed by Betoking. Interest (11 per cent coupon on CFCDs) is due for payment since financial years 2013-14, according to Betoking.
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NCLAT SETS ASIDE NCLT'S LIQUIDATION ORDER OF JYOTI STRUCTURES

The National Company Law Appellate Tribunal (NCLAT) has set aside the liquidation order of Jyoti Structures Limited and said that the Mumbai bench of National Company Law Tribunal (NCLT) should consider afresh the Rs 4,000 crore resolution plan submitted by Sharad Sanghi and others. The appropriate order on the resolution plan submitted by Sanghi and others should ideally be passed by the NCLT Mumbai preferably within two weeks, a two-member Bench led by Chairperson Justice S J Mukhopadhaya said. According to the terms of the plan, Rs 50 crore would be provided up-front to the lenders of the company, while Rs 75 crore would be provided in the second year. The rest of the funds would come over the next 15 years, the resolution plan had proposed. Sanghi and others later offered to reduce this time to 12 years. The plan was approved by with a 62.66% voting share of the Committee of Creditors (CoC) of Jyoti Structures at first. Some dissenting creditors of the company later changed their stance and approved the said resolution plan, taking the total approved voting share to 81.31%. The Mumbai Bench of NCLT, however, rejected the plan and ordered liquidation of the company on the ground that the plan had been approved after the 270-day deadline. The decision of the NCLT was, however, challenged before the NCLAT on the ground that it had not considered the eight day gap between the company being admitted the under corporate insolvency resolution process and the interim RP being appointed. If the aforesaid period of eight days is excluded, then we find that the resolution plan was approved within 270 days which the adjudicating authority has failed to notice, the NCLAT said in its judgement. The total admitted debt of Jyoti Structures stands at Rs 7,010 crore while the liquidation value of the company stands at Rs 1112. 52 crore. The resolution plan submitted by Sanghi and others would mean that the lenders of the company would have to take a 43% haircut. This plan was, however, the only plan submitted before the CoC of Jyoti Structures. The Mumbai-based company specialises in power transmission, distribution as well as engineering, procurement and construction projects. It was among the largest non-performing assets referred to insolvency by banks following Reserve Bank of India's circular.
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INSOLVENCY CASE AGAINST BENGALURU'S PROPURBAN FOR NOT PAYING SALARY

PropUrban Advisory Services, previously known as Bluering Realtech, is fighting an insolvency case in NCLT Bengaluru. The case has been filed by company's ex-employee Amit Naidu over non-payment of his salary. PropUrban didn't pay salary to Amit for 2017-18 while he was working in the company, said the advocate representing Naidu. The company hasn't paid the salary yet. After several discussions, the company did give few post-dated cheques but later gave a stop notice on the same, said another ex-employee. The advocate representing Naidu says as of now only one ex-employee has come forward to file a case against the company which will next be heard on March 27.
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PRIVATE LENDER TAG: IDBI OFFICERS APPROACH KERALA HC SEEKING TRANSFER TO PSBS

The 'private lender' tag to IDBI Bank has forced more than 60 assistant managers of the bank to approach the High Court of Kerala seeking direction for transfer to other nationalised/ public sector banks (PSBs). The petitioners submitted that they could be transferred/ deployed to thousands of vacancies in any of these banks 'without causing heartburn or inconvenience to anyone.' The decision of the Centre, the first respondent, to dilute its stake below 51 per cent in IDBI Bank goes against the undertaking given by the then Finance Minister to Parliament, they argued. A majority of the petitioners are over-aged and have little chance of employment in the public sector or reputed firms. Therefore, the respondents listed in the case ought to have considered their grievances. The Government or its instrumentality cannot alter service conditions of employees and any alteration causing prejudice cannot be made without affording them an opportunity to be heard, the petitioners said. They prayed that that they be declared as eligible and entitled to continue in service as officers with nationalised banks/ PSBs. The IDBI Bank must permit them to get postings under any one of them. The petitioners prayed for issue of orders for their transfer with all service benefits, such as pay and allowances status and seniority, career advancement and promotion, superannuation and retirement benefits. After all, 'the petitioners have every right to be re-deployed, because they had undergone a thorough and competitive selection process for recruitment into PSBs.' The action evidenced in depriving the service conditions of the petitioners by applying guidelines applicable to private banks is arbitrary and violative of Article 14 of the Constitution.
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SEBI MULLS NEW DVR FRAMEWORK TO PREVENT HOSTILE TAKEOVERS

The Securities and Exchange Board of India (Sebi) on Wednesday issued a draft framework to allow domestic companies issue shares with differential voting rights (DVRs). If approved, companies will be allowed to issue shares with either fractional or superior voting rights. The move will particularly help new-age companies and promoters as they will be able to retain decision-making powers without diluting too much control. It will also act as a mechanism to stave off hostile takeovers which have become a concern area in companies with low promoter holding. The current regulatory framework doesn’t permit DVRs with higher or superior voting rights. Sebi has proposed dual-class share framework with superior voting rights, where a share will have higher voting power than an ordinary share. This, however, will be restricted only to unlisted companies. Listed companies will be permitted to issue shares with inferior voting rights, where a share will carry fraction of voting power compared to an ordinary share. Besides voting power, these shares could carry other rights like higher dividends. Such structures are common globally with companies such as Facebook, Alibaba and Snapchat issuing dual-class shares. Snapchat, in particular, has issued so-called Class C shares held by promoters to retain 90 per cent voting power. In India, five companies such including Tata Motors, erstwhile Pantaloons Retails and Gujarat NRE Coke had issued shares with DVRs. In 2009, Sebi had directed stock exchanges to prohibit use of DVRs. The proposed new framework is mainly aimed at new technology firms which typically see high growth but burn a lot of cash and thus are required to raise capital at frequent intervals. Raising equity on a periodic basis leads to dilution of founder stake, which can be effectively addressed through use of DVRs as a mode of capital raising, Sebi has said in the discussion paper. These (new-age) firms, continuously require to grow only through equity, which dilutes founder’s stake, thereby diluting control. It is pertinent to note that in such cases, retaining founder’s interest and control in the business is of great value to all shareholders. Sebi has proposed to allow unlisted companies to issue superior right (SR) shares. Also, companies that issued SR shares be allowed to come out with an initial public offering (IPO). Sebi has, however, said that only ordinary shares can be issued in the IPO. Also, post listing further issue of SR shares in any form will not be permitted. Also, there will be bar on pledging or creating third-party interest on SR shares. Further, SR Shares will have to be treated at par with the ordinary equity shares in every respect except in the case of voting on resolutions. The maximum voting power on SR shares is proposed to be 10:1—10 votes for every SR share held More importantly, post-listing SR shares will be treated at par with ordinary shares in cases such as appointment or removal of independent directors or voluntary winding up of the company.
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GOVT, BANKS NOT KEEN TO DRAG JET AIRWAYS TO NCLT; PREFER DOMESTIC INVESTOR TAKING CONTROL

Naresh Goyal-led Jet Airways' insolvency is the last problem state-owned bankers would want with a resolution plan still not in sight for the embattled airline. According to a government official, the Centre doesn't want Jet Airways to get into insolvency via the National Company Law Tribunal, and instead favours a domestic investor to hold controlling stake in the Jet Airways. The government is in favour of an Indian player having majority stake in the airline, he said. After Etihad Airways decided against any capital infusion, banks are likely to be the capital providers. Lenders have the option to pump in money on behalf of the major stakeholders pledging shares, a senior government official said. He said that the former will have to, later, reduce its stake. Sources in the aviation ministry, however, said that it wasn't an ideal situation for state-owned banks to convert their debt to equity. A lenders’ consortium led by State Bank of India (SBI) was in talks with Etihad Airways, minority stake holder of 24 percent shares in Jet, to infuse extra capital worth Rs 750 crore. The Abu Dhabi based airline has, now, decided to walk out of the airline completely and sell off its stake to lenders. Being a shareholder, often without full control, but providing financial and human resource assistance in an environment where you cannot derive fair and reasonable benefit, simply does not work. I think there is a valuable learning point from it but the thesis that suggests Etihad just goes it alone is one that is equally flawed, Tony Douglas, said. Bankers, however, want either Etihad or Jet to push in funds to retain the board position, making the situation tricky. All the lenders held a late evening meeting on the resolution plan for Jet Airways but could not hammer out a mutually agreeable resolution.
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PMO, FINMIN AND SBI IN A HUDDLE AS JET AIRWAYS HITS DEEP AIR POCKET

The government is working on plans to help the Naresh Goyal-led Jet Airways stay afloat through a management change. Banks are trying to work out a way to revive Jet Airways through a change in management, said a top official on condition of anonymity. Banks are also trying to revive the airline to protect the interests of consumers and creditors, the official said. Pradeep Kharola, Rajnish Kumar and Nripendra Misra attended a meeting with Finance Minister Arun Jaitley to take a stock of the situation. The government has given us no direction. We have taken a decision in commercial interest. The resolution plan is almost ready said Kumar. Kumar also said that effort is being made by the lenders to keep the airline running in the interest of the country’s aviation sector. IBC (Insolvency and Bankruptcy Code), in the case of service industry is the last option. Under IBC the resolution of a service industry like airline is nearly impossible and IBC means that we are grounding the airline, Kumar said. Bankers, however, want either Etihad or Jet to push in funds to retain the board position, making the situation tricky. Our interest is in Jet Airways, and not the promoters, and discussion with Ethiad is on. Ethiad will take decision based on their assessment of the situation. It is not that they have conclusively decided that they will go out, Kumar said.
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NCLAT DIRECTS FRESH ESSAR STEEL COC MEET ON FUNDS DISTRIBUTION

The National Company Law Appellate Tribunal (NCLAT) on Wednesday asked the resolution professional of Essar Steel India to call a fresh meeting of the committee of creditors (CoC) of the company to consider the redistribution of funds from ArcelorMittal’s Rs 42,000-crore resolution plan. The NCLAT was hearing an appeal moved by Standard Chartered Bank (StanChart), which has alleged that the CoC treated the bank’s claim in a discriminatory manner by giving it only 1.7 per cent of its total admitted dues from Essar Steel, while other financial creditors had got over 85 per cent of their dues. StanChart had also sought to stop the distribution of funds. Though the appellate tribunal clarified there would be no stay on the implementation of the resolution plan the CoC and resolution professional of Essar Steel will have to call a meeting on the issue and convey its decision to the NCLAT. The NCLAT would then consider if there is any discrimination in distribution of funds, a two-member Bench headed by Justice S J Mukhopadhaya said. The case would be next heard on March 27.
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CREATE A SEPARATE FUND OF REGULATORY FEE CUT FOR FARMERS: SEBI TO EXCHANGES

Market regulator Securities and Exchange Board of India (Sebi) on Wednesday directed stock exchanges dealing in agri commodities to create a separate fund from the amount exchanges are saving with reduction in the regulatory fee, for the benefit of farmers and Farmers Producers Organisations (FPOs). In order to reduce the cost burden on farmers the regulator had earlier announced a cut in regulatory fee to a flat Rs 100,000 for stock exchanges for farmers and FPOs trading in agri commodities as against turnover based fee for others in all segments. The cut in regulatory fee helped deepen participation of farmers and FPOs in agri commodities futures. In order to pass on the desired benefits from reduction of regulatory fees on agri commodity derivatives, it has been decided that the stock exchanges dealing with agri commodity derivatives shall create a separate fund earmarked for the benefit of farmers / FPOs in which, the regulatory fee forgone by Sebi shall be deposited and utilized exclusively for their benefit and easy participation in the agri-commodity derivatives market, Sebi said in a circular on Wednesday. The separate fund would help deepen participation in agri commodities on stock exchanges, said Naveen Mathur. Meanwhile, Sebi directed stock exchanges to utilize this fund exclusively for the benefit of and for easy participation by farmers and FPOs in the agri-commodity derivatives market. Stock exchanges can utilize the fund primarily for reducing cost of transaction and for facilitating ease of trading by farmers / FPOs also. Exchange may consider cost or a part of the cost of mark to market (MTM) funding by exchange / clearing corporation (CC) on the sell positions of the farmers / FPOs who make early pay-in of the commodities in approved warehouses for utilisation of funds. Broker fee for farmers / FPOs can be subsidized through use of fund, Sebi said.
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UNITED BANK OF INDIA'S TURNAROUND PLAN HINGES UPON BPSL RESOLUTION

United Bank of India's (UBI's) target to return to profitability in this quarter hinges upon the resolution of Bhushan Power and Steel (BPSL). According to Ashok Kumar Pradhan, managing director and chief executive officer (CEO), UBI, the bank expects to return to profitability this quarter. However, if the resolution of BPSL doesn't take place in the quarter, the bank would need to provide Rs 300 crore as additional provisioning, he said. In August last year, the committee of creditors for BPSL had approved JSW Steel's Rs 19,700-crore resolution plan. Earlier, the National Company Law Appellate Tribunal (NCLAT) had directed to resolve the BPSL case by March 31, 2019. However, recently, the operational creditors of the company had raised objections over the plan before the National Company Law Tribunal (NCLT). On the back of high provisioning, UBI posted a net loss of Rs 1,139 crore during the third quarter (Q3) of the current financial year, as against a loss of Rs 637.53 crore in the year-ago period. Its provisions, other than tax and contingencies, nearly doubled to Rs 1,967.20 crore in the last quarter, compared with Rs 1,074.35 crore in the year-ago period.
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LENDERS DRAG ROAD DEVELOPERS TO NCLT, PUSH FOR ASSET SALES

Around 15% of the total operational build-operate-transfer (BOT) road assets are struggling due to mismatch in cash flows leading to issues with the servicing of debt, according to Rajeshwar Burla. In the last few months, lenders have taken some road asset special purpose vehicles to National Company Law Tribunal (NCLT), and in certain cases they have initiated process for sales to recover money from the defaulting road developers. Recently, Oriental Bank of Commerce had pressed for insolvency proceedings against L&T Halol Shamlaji Tollway Ltd, a special purpose vehicle of L&T Infrastructure Development Projects at NCLT's Chennai Bench. Asset sale transactions in the recent past are also driven by lenders. In 2018, three assets were sold through substitution route. Of these, one was initiated by the lenders (classified as non-performing asset) as a distressed asset sale and two were initiated by the concessionaire through harmonious substitution, Burla said. Some of the assets on the block currently are available through substitution at attractive valuations, and hence investors prefer this route.On the other hand, some developers with a weak credit profile, have disposed of their assets at a loss as liquidity took precedence over revenues.
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NCLAT: TAX DUES ARE OPERATIONAL DEBT

A two-member NCLAT bench headed by Chairman Justice S J Mukhopadhaya held that statutory liability including income tax and value added tax dues, of debt-ridden companies are ‘operational debt’ Central or State Tax Departments such as – Income Tax Department, Sales Tax Departments and Local Authority, entitled for dues are ‘operational creditors’ under the Insolvency & Bankruptcy Code, the bench added. For the said very reason, we also hold that income tax department of the central government and the sales tax Departments of the state Governments and local authority, which are entitled for dues arising out of the existing law are ‘Operational Creditor’ within the meaning of Section 5(20) of the I&B Code’, said the appellate tribunal. The National Company Law Appellate Tribunal (NCLAT) order came over a four petitions filed by the Income Tax department, Sales Tax Department, Maharashtra, where question as whether statutory dues come under the definition of the operational debt and if yes, then can they be treated as operational creditors of the company. Counsel appearing for respective companies has contended before the NCLAT that Income Tax cannot be in the nature of operational debt as it refers to the claim in respect of goods or services, including employment or a debt in respect of repayment of dues of the central, state government or local authorities. However, Income Tax department and Sales Tax Department, Maharashtra contended that operational debt also included debts arising under any law payable to the central and state government.
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GUJARAT: BANK NPAS RISE BY 70% IN 3 YEARS

Bad loans of banks in Gujarat grew about 70 per cent in three years, a report of the State Level Bankers Committee (SLBC) for the October to December quarter of the fiscal 2018-19 says. Gross Non Performing Assets (NPAs) of banks stood at Rs 38,520 crore, 11.45 per cent higher than Rs 34,563 crore in the corresponding quarter in the previous fiscal and 70 per cent higher than Rs 22,659 crore in the corresponding quarter of 2015-16. Market players say this indicates that the ability of bank clients to repay loans has dropped sharply over the years. While the NPA has dropped marginally over previous quarter's gross NPA of Rs 39,289 crore or 6.88 per cent of total advances, overall it has risen by 9.37 per cent during the fiscal. Sagar Rabari, said that the constant rise in NPA indicates an overall slowdown in the economy and earnings of farmers and industrialists, depleting their ability to repay loans. First, demonetisation and then Goods and Service Tax (GST) has adversely hit earnings of the masses. This has reduced their purchasing power consequently reducing production and thereby creating joblessness, said Rabari. Prabodh Patel, said that as such slowdown is not evident in Gujarat as more and more industries are coming up in Dahej, Vapi and other industrial estates. However, overproduction because of intense competition may have hurt earnings and therefore the ability to repay loans, he said. Actual reasons for a rise in NPA need to be found out. Only industries should not be blamed for bad loans. One should also see what action has been taken against bankers who had approved these loans, whether banks have been able to recover high value loans, said Patel.
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IN BAD NEWS FOR BORROWERS, NBFCS’ FUNDING COST ZOOMS TO MULTI-YEAR HIGHS

Debt concerns have pushed funding costs for non-bank financing companies to multi-year highs in recent weeks. That’s bad news for all the borrowers who rely on the lenders in the world’s fastest-growing major economy -- from poor entrepreneurs getting micro loans for food delivery businesses to property tycoons looking to roll over debt that fueled a construction boom. Read more on that here. The development will make money more expensive for a huge range of enterprises and individuals, at a crucial time for policy makers. Teetering economic activity is already pressuring the central bank to deliver on expectations for a back-to-back interest rate cut in April. And Prime Minister Narendra Modi must avoid any economic turbulence ahead of elections next month. Spreads on top-rated five-year bonds of Indian non-bank lenders have risen 75 basis points from the end of August to near their widest levels since 2012, according to data compiled by Bloomberg. The problems started late last year following shock defaults at shadow lender IL&FS group. Things looked better briefly earlier this year after authorities stepped in to increase liquidity, but more surprises popped up in the past few months. Debt concerns at conglomerate Essel Group and troubles for mortgage lender Dewan Housing Finance Corp. have since pushed financing costs higher. Recent issues with a few non-bank lenders created a second wave of worry the issues we thought were dissipating early January are now resurfacing, said Prakash Agarwal, head of financial institutions at India Ratings. The cost of funds for lower-rated NBFCs will become disproportionately higher as we go forward. Non-bank lenders with AA ratings were paying about 10.68 percent for money last month, up 64 basis points since September, according to the latest analysis by CARE Ratings of weighted average rates. ICRA expects growth in lending by NBFCs to halve in the second half of the 2019 fiscal year to 12 percent on the back of the funding squeeze and risk aversion. The non-bank lenders account for 50 percent of overall borrowing from the debt market, according to ICRA.
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INVESTORS FLEE SHADOW LENDERS IN INDIA AFTER SHOCK OF DEFAULTS

The NBFC funding crisis has to be addressed specifically in terms of measures to reduce credit spreads,' says Srinivas Varadarajan. One option would be for the central bank to take AAA rated corporate debt as collateral, with a government guarantee, he said. India risks fresh bad debt pile up as weak banks resume lending Reserve Bank of India (RBI) Governor Shaktikanta Das’s decision to allow some weak state-run banks to resume lending is a short-sighted approach in Oxford Economics Ltd.’s view. The decision risks building up bad debts with renewed vigor, Priyanka Kishore, wrote in a note. Das, who took over as Reserve Bank of India governor after Urjit Patel resigned in December, has eased curbs on weak state lenders to support credit and economic growth ahead of a general election starting in April. Of the 11 banks on whom tough restrictions were placed since 2014, five have recently been allowed to exit the regulator’s so-called Prompt Corrective Action sanctions. The short-term palliative comes at a long-term cost,' she wrote. 'Pushing back full resolution of stressed bank balance sheets is only likely to prolong India’s investment malaise.' India already has the world’s worst bad-loan ratio Weakness in India’s banking industry prompted Prime Minister Narendra Modi’s government to inject record amounts into state banks. Nevertheless, soured loans have contributed to a nearly $200 billion pile of zombie debt that has curbed investment by businesses. With bad debts concentrated in the industrial sector, weak public sector banks are likely to continue to limit their exposure to these entities, which, in turn, should keep investment growth trapped in the low double digits and cap India’s growth well below the desired 8 to 9 percent, Kishore said.
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BIGGEST INDIA BOND HOLDERS DITCH GOVERNMENT PAPER FOR STATE DEBT

Selling Indian government bonds and buying high-yielding paper issued by the nation’s states is a favorite trade among the biggest holders of sovereign debt right now. The strategy is offering lenders extra returns of about 100 basis points at a time when concerns about an oversupply from the federal government’s record borrowing plan has damped the appeal of sovereign securities, according to ICICI Securities Primary Dealership Ltd. and Deutsche Bank AG. Most of the banking system is replacing sovereign debt with state-development loans or credit, said Srinivas Varadarajan. India’s $807 billion sovereign-debt market is battling poor demand and increased volatility ahead of the upcoming elections. Underwriters have rescued bond sales twice since January as the government’s plan to borrow $100 billion in the year starting April 1 and a slowdown in buybacks of the securities by the central bank damps appetite. That dynamic doesn’t apply to the nation’s states, some of whom recently borrowed funds at about 8.4%, richer than the 7.39% yield on the 10-year federal paper sold at the most recent auctions. It makes sense to sell a government bond at 7.5% and buy a state development loan at 8.2-8.3%, or give the money out as a loan, Mumbai-based Varadarajan said. Banks are buying state bonds and moving them to the so-called held-to-maturity group, a category that shields them from price swings. Central bank rules allow lenders to shift their holdings between three buckets -- held-to-maturity, available-for-sale and held-for-trading -- before the start of the new fiscal year on April 1.
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FIIS SELL $844 MILLION OF BONDS IN FEBRUARY

Foreign investors exited the Indian bond market in February, pulling out $844 million last month amid rising tensions after India conducted air strikes against a militant camp in Pakistan territory. However, the sentiment witnessed a turnaround in March, as overseas funds have bought $921 million so far this month on rising hopes the incumbent government may form government at the centre for the second term in the upcoming election. Even as India witnessed fund outflows in February, elsewhere in Asia foreign investors were net buyers in the bond market. Foreigners turned net buyers of Asian bonds in February, however, the flows were uneven as political uncertainty in parts of the region dampened optimism that the United States and China were inching toward a trade deal. Foreigners bought a net $1.95 billion worth of bonds last month, after selling $3.26 billion in January, data from central banks and bond market associations in Malaysia, Thailand, Indonesia, South Korea and India showed. However, the bulk of the money flowed into Indonesian bonds. Foreigners purchased $2.33 billion worth of Indonesian bonds amid expectations that its central bank may begin easing policy soon after last year’s aggressive tightening. Overseas investors purchased Malaysian bonds for the first time in four months, helped by a stronger ringgit and receding political tensions.
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MUTUAL FUNDS' EXPOSURE TO NBFCS FALLS BY RS 45K CR IN 7 MONTHS

The liquidity crisis in the non-banking financial companies (NBFC) space triggered by the default of infrastructure lending major IL&FS last September is continuing to have an impact on mutual fund (MF) deployments in the sector. The overall exposure of debt MFs to NBFCs stood at 2.2 lakh crore in February, a drop of 45,386 crore since July 2018 when the liquidity stress first emerged. The share of NBFCs in allocations by debt MFs has reduced to 15.6% in February from 19% in July last year. The percentage share of funds deployed by MFs in commercial papers (CPs) of NBFCs touched 7.7% in February, the lowest since December 2017.MF allocations to CPs of NBFCs have been falling in recent months — from 11.3% or 1.57 lakh crore in July last year to 8.5% or 1.14 lakh crore in December. After the liquidity crisis, MFs withdrew more than a third of their investments from CPs. As of February, debt MFs held 1.08 lakh crore in CPs of NBFCs. About 29% of the total funds deployed by debt MFs in February were in CPs. Debt MFs invested 4.05 lakh crore in CPs on an overall basis at the end of February compared to 3.06 lakh crore in March last year. The share of corporate debt paper, which includes floating rate bonds, non-convertible debentures among others, fell to 31% in February from 38% in March last year. The total exposure of debt MFs to this instrument stood at 4.34 lakh crore at the end of February. Incidentally, debt MF allocations to government securities (G-Secs) have almost halved since March 2018. The share of certificates of deposit (CDs) and PSU bonds / debt dropped marginally in February compared to March last year. Investment in other asset types almost doubled — from 8% in March last year to 15% in February. This segment includes treasury bills, other money market investments, equitylinked debentures/notes, asset backed securities and bank FDs among others.
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CRACKDOWN ON FRAUDULENT, MISLEADING COMPANIES GIVING SHARE MARKET TIPS; SEBI BARS THESE WEBSITES

Making money in the stock market or finding a multi-bagger is what many investors dream of. There’s nothing wrong in it. However, when it is not backed by self-driven research and is rather based on tips from friends, colleagues or entities with vested interests, it may even end up with a huge loss of capital. Market regulator SEBI keeps receiving complaints and grievances from investors about certain investment advisory websites cheating them of their money The modus operandi of such unregistered investment advisory websites is simple – Make investors subscribe to their investment packages and then run away with the money. The investors are promised huge returns and the websites typically use terms such as ‘zero loss’, ‘jackpot’, ‘rumour based’, ‘sureshot’, etc. in the names of the packages offered in their websites and promise accuracy between 90% to 99%. As far as return on investment is concerned, sample this: ‘Earn monthly minimum 800-900 percent profits’. The Whole Time Member of SEBI, Madhabi Puri Buch, passed an ad-interim ex-parte order dated March 20, 2019, debarring certain websites and their owners to continue operations. It was established that certain websites and individuals were allegedly offering unregistered investment advisory services, but in reality they were running the operations without obtaining the SEBI registration as an Investment Adviser under SEBI (Investment Advisers) Regulations 2013. On the contrary, they claimed through their websites that they are SEBI-registered Advisory firms. The Order obverses that, Based on the information available on the unregistered investment advisory websites and complaints received by SEBI against such websites, it is prima facie observed that the Noticees create unregistered investment advisory websites periodically and lure investors by promising assured monthly income with unbelievable returns of 300-800% on buying and selling of securities based on the tips provided by them. Once the subscription is received, the Noticees either give stock tips for few days to the subscribers and then stop entertaining their calls, or avoid the calls of the subscribers entirely without giving any stock tips. Subscription offers were generally in the range of Rs 25,000 and, as per this Order, the total subscription amount garnered through subscription fee for unregistered investment advisory activity on the websites by the entities was in excess of Rs 10 crore. Most of the websites also mentioned performance track record and testimonials, possibly with a view to lure investors to pay subscription fee for the advisory/stock tips products offered by them.
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NO ADD-ON COVERS BY GENERAL INSURERS: IRDAI

IRDAI on Tuesday withdrew general insurers’ ability to provide add-on coverage extending to a period of 12 months or more, for covering corporates for fire, industrial risk and others. This move comes close on the heels of GIC’s decision to hike insurance rates in 42 sectors. Automatic extensions allow policyholders to enjoy the benefits of the base policy cover for a specified period, with the insurer charging them on a pro-rata basis and with the terms and conditions for add-on the same as the base cover. The clause was introduced for the sake of convenience, say insurers. If a corporate has one or more policies with an insurer, and if each policy is ending on a different date, the policies could be bundled together with add-ons so that they would all need to be renewed at the same date (providing convenience for both insurer and insured), said Puneet Shani. These extension add-ons have been used more by public sector companies, which issue tenders before taking up insurance. For most private companies, they also have audits and yearly book keeping. So, they would prefer the policy closing annually and getting renewed year-on-year. So it’s mostly PSUs who have been using add-ons, said an executive with a private insurer.
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RBI LIKELY TO CHANGE DISCLOSURE NORMS FOR BONDS

The Reserve Bank of India (RBI) is likely to ease disclosure rules on the transfer of various categories of state government bonds held by high-street lenders, a move that could help increase treasury incomes at traditional banks. The banking regulator may say that lenders need not disclose the transfer of state bonds from the held-to-maturity (HTM) category to the available-for-sale (AFS) segment, said a source with direct knowledge of the matter. If the RBI eases the rules, banks would get to shift more of state loans that are in HTM category to AFS, translating into an increase in liquidity as these bonds carry higher coupon. This will also help financially prudent state governments buy back bonds as those states would aim to cut their borrowing costs in a falling rate regime. If banks are allowed to transfer state bonds from HTM (Held-to-Maturity) to AFS (Available for Sale) without any disclosure, it should increase the stock of such bonds available for secondary market trading, said a senior executive from a large bond house. The differential between state and central government bonds should continue to compress until fiscal year end before it expands in the new financial year on higher supply, the person said. This makes a 'buy' case for investors for now. The differential was as high as 110 basis points three-four weeks ago, prompting investors to book mark-to-market profits with falling yields. The easing of rules was discussed in a meeting held between the RBI and different state government secretaries a week ago. State bonds, known as State Development Loans (SDL) in market parlance, are expected to inch up to Rs 4.3 lakh crore in FY20 from Rs 4 lakh crore in FY19, according to a note by PhillipCapital India. Net-net, supply is higher in FY2019-20. Total outstanding stock of state bonds is more than Rs 23 lakh crore now. State bonds offer 75-85 basis points higher than central debt securities. Bond yields and prices move in opposite directions. State government bonds have of late assumed importance as such debt papers, now voluminous, can change market dynamics.
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BANKS ASK RBI TO ALLOW UPI 2.0-ENABLED DEVICES USE RECURRING PAYMENTS FEATURE, SAYS REPORT

Indian banks have asked the Reserve Bank of India (RBI) to allow their customers with UPI 2.0-enabled devices to use the recurring payments feature for loan repayments. However, the central bank, citing concerns regarding the possible misuse of the feature, left this feature out from the official version, the report added citing industry sources. This feature would have enabled customers to issue a one-time mandate to make recurring payments for periodic services rendered from merchants. The use cases for this would have been automatic payments of monthly bills and subscription-based services, a senior unnamed bank official was quoted as saying in the report.
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AS BANKS IN PUNJAB ARE DOING HUGE WRITE-OFFS, FOPSIA IS IN PROCESS OF FILING PIL IN THE SUPREME COURT

The Federation of Punjab Small Industries Association (FOPSIA) is in the process of filing a PIL in the Supreme Court as banks in Punjab are doing huge write-offs. Badish Jindal said In Punjab alone, the banks are in the process of writing-off more than Rs 30,000 crores out of this huge sum, there were NPAs to the tune of Rs 13,000 crores in Ludhiana alone. He said that the Gross NPA ratio of the nationalized banks stand at 14.7% which means that around 14 lakh crores of nationalized banks are under threat. Whereas the Gross NPA of private sector banks stand at 4.7%. Similarly as per investigation the 94% frauds occurred in nationalized banks whereas the private sector banks accounted merely 6% of amounts more than Rs 50 crores, he added. In a statement, he said Now the Banks are settling the large NPA’s by merely charging 19% of the principal amount So when it comes to accounting the large companies are repaying merely 12% to 14% of their total outstanding.
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RUPEE RECOVERS 13 PAISE AGAINST DOLLAR

The rupee on Wednesday recovered by 13 paise to close at 68.83 against the US dollar amid sustained buying by foreign investors in domestic equity markets and lower crude prices. However, the local currency remained cautious ahead of the US Federal Reserve policy decision on Wednesday. Brokers said foreign fund inflows in the debt and equity markets helped the rupee recover. However, the dollar's strength overseas capped the gain, they added. At the Interbank Foreign Exchange (forex), the domestic currency opened lower at 69.11 a dollar and gained to touch the day's high of 68.72. It finally settled at 68.83 per dollar, up 13 paise over its previous close. The rupee on Tuesday had slipped by 43 paise to close at 68.96 against the dollar. Foreign Institutional Investors (FIIs) bought shares worth a net of Rs 1,771.61 crore on Wednesday, while Domestic Institutional Investors (DIIs) were net sellers to the tune of Rs 1,323.17 crore, provisional data available with BSE showed.
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SILVER DEMAND IN INDIA SET FOR FOUR YEAR HIGH

Silver will see a resurgence in demand this year from rural Indians spending cash handouts from the government designed to aid local economies ahead of the general election, according to Metals Focus Ltd. Purchases are set to rise to about 6,590 tons, beating the 6,442 tons bought in 2018 and marking the best year since record consumption in 2015, Chirag Sheth, said. The demand recovery will continue over the next few years because of economic growth, higher income, and relatively low silver prices and penetration of sterling silver, he said. India last month started distributing the first instalment of Rs 2,000 to smallholders, under PM-KISAN scheme. The government cash handouts to farmers will help silver demand much more than gold, as many recipients only have the purchasing power to buy the cheaper metal, said Sheth. Silver prices in India have been relatively stable for the last two years, and are about half their 2011 peak. At around Rs 38,000 a kilogram, the metal is about eighty times cheaper than gold and a far more affordable investment or gift for the average citizen. In contrast to gold imports, which collapsed last year, inflows of silver rose 36 per cent in 2018 to 6,958 tons, just shy of the all-time high of 7,579 tons seen in 2015, according to India’s trade ministry. Sheth pegged this years imports at between 6,000 tons and 7,000 tons. In the last two years, demand has been very strong from the jewellery and silverware segments, said Sheth. The market is in an expansion phase.
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INDIA'S FIRST REIT HAS BEEN FULLY SUBSCRIBED

The initial public offering (IPO) of Embassy Office Parks REIT was fully subscribed on Wednesday, the last day of the initial share sale, data from the stock exchanges showed. The Embassy Office Parks REIT, backed by global private equity firm Blackstone Group LP and Bengaluru-based developer Embassy Property Developments Pvt. Ltd, plans to raise 4,750 crore in the IPO by issuing units in a price band of 299-300 apiece. As of 1pm on Wednesday, the Embassy REIT IPO saw a subscription of 102%, with institutional investors subscribing to 119% of the portion reserved for them. The portion reserved for high net worth individuals and retail investors was subscribed 81%. On Friday, the REIT raised 1,743 crore by allocating units to institutional investors as part of its so-called anchor book allocation of the IPO, stock exchange data showed.
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NBFCS BACK IN BUSINESS OF HIRING

Non-banking finance companies (NBFCs) are beginning to add crucial jobs across various functions indicating that stability has returned to a key sector that was unsettled last autumn by a liquidity squeeze and subsequent increases in capital costs. NBFCs could hire about 15,000 people in FY20, an estimate by recruitment firm TeamLease showed. Among those adding jobs are Mahindra Finance, Shriram Transport Finance, Piramal Capital, Aditya Birla Finance, IIFL, Magma FinCorp, and Ugro Capital. These companies have already begun recruitments, and the Jan-March quarter alone could account for half the expansion in FY19, which ends in 10 days. According to TeamLease, NBFCs have hired around 10,000 employees in FY19. The (NBFC) sector is poised for the next level of growth in next few years and well-run NBFCs would benefit the most (from this expansion), said Ramesh Iyer, managing director at Mahindra Finance. We are also expanding and diversifying into new products, such as shortterm consumer durable credit and education loans. Mahindra’s non-banking unit has 30 lakh customers. In FY20, the company might appoint about 1,000 people as it adds 75-100 branches. Hiring will gain momentum next financial year, with 40-50% rise in employee counts, said Sabyasachi Chakraverty, head — banking & finance, Team-Lease Services. Piramal Capital’s employee strength has increased to more than 1,200 from 600 in FY18. Similarly, Shriram Transport Finance would recruit 2,000 people in FY20, aiming to expand about 18%.
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L&T CEO TRIES DINNER DIPLOMACY TO CONVINCE MINDTREE FOUNDER

In a bid to assuage concerns over L&T’s bid to take over Mindtree, SN Subrahmanyan, MD and CEO of the engineering conglomerate, has invited Krishnakumar Natarajan, the IT service firm’s co-founder and Executive Chairman, to dinner. I called Mr Krishnakumar and invited him for lunch and dinner I don’t have a tussle with anyone, Subrahmanyan told. He is an iconic gentlemen. I have the greatest respect for people who start a business and develop it because I’ve not been able to do that it’s (Mindtree) a lovely company. In what is billed as Corporate India’s first hostile takeover bid in the IT sector, L&T on Monday said it has entered into a definitive share purchase agreement with VG Siddhartha and his related entities, Coffee Day Trading Ltd and Coffee Day Enterprises Ltd, to acquire a 20.32 per cent stake in Mindtree. L&T will purchase this stake at 980 per share, aggregating to approximately 3,269 crore. Mindtrees founders have condemned the takeover bid and vowed to fight it. L&Ts top executives said they will engage with their peers at Mindtree and drive home the point that there will only be a change in the shareholding structure, and that there are no plans to change the Mindtree management or merge it with one of L&T’s software companies. There is a major shareholder moving out and here you’ve got a great company coming in to protect you from everything. Nobody will touch you, hopefully, with our interest there. That is the way one has to look at it, Subrahmanyan said.
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KOKILABEN GOT MUKESH AMBANI TO BAIL OUT ANIL

Mediation by matriarch Kokilaben Ambani is what prompted India’s richest man Mukesh Ambani to bail out younger sibling Anil at the nick of the moment from a potential jail term. The brothers were in discussions since February 20, the day the Supreme Court ordered Anil Ambani to pay 453 crore to Swedish telecom equipment major Ericsson within four weeks or face a three-month jail term. This time, family name and values came into play. Going forward, the brothers would be looking at similar synergies in their businesses, another source added. The younger Ambani, who paid Ericsson its dues on Monday, had thanked the elder brother for demonstrating the importance of staying true to their strong family values by extending this timely support. However, this is not the first time Mukesh has extended a helping hand to Anil. In December 2017, the elder brother had emerged the white knight and announced acquisition of debt-laden RCom through Reliance Jio Infocomm. RJio is a wholly-owned subsidiary of Mukesh Ambani-controlled Reliance Industries.
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PROPERTY DISTRESS IN INDIA HAS PIRAMAL PROWLING FOR ACQUISITIONS

Billionaire Ajay Piramal’s son is seeking to take advantage of teetering Indian developers to expand his property business Piramal Realty, which counts Goldman Sachs Group Inc. and Warburg Pincus & Co. as minority investors, is looking to buy land from distressed developers and build a portfolio of commercial assets, Anand Piramal, said. In the next two years there will be lot of consolidation, and in each city the top four to five developers will survive and thrive, the 34-year-old said. Five or six years ago, most of the people that came to sell to us were land owners; now most of the opportunities are coming from developers. Developer-to-developer deals are happening because many of these people are stuck, he said. Investor confidence was rocked last year by a series of defaults at shadow lender IL&FS Group, which pushed up costs for borrowers, including builders looking to roll over debt that fueled a construction boom. Real estate firms have to pay about 1.29 trillion ($18.7 billion) a year on outstanding debt but generate less than half that in income that can be used for repayments, according to an analysis of about 11,000 companies by research firm Liases Foras.
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FACEBOOK FIXES GLITCH THAT EXPOSED MILLIONS OF USER PASSWORDS TO EMPLOYEES

Facebook Inc said on Thursday it has resolved a glitch that exposed passwords of millions of users stored in readable format within its internal systems to its employees. The passwords were accessible to as many as 20,000 Facebook employees and dated back as early as 2012, cyber security blog KrebsOnSecurity, which first reported in the issue, said in its report. These passwords were never visible to anyone outside of Facebook and we have found no evidence to date that anyone internally abused or improperly accessed them, the company said. KrebsOnSecurity, citing a senior Facebook employee, said the an internal investigation by the company so far indicates that between 200 million and 600 million Facebook users may have had their account passwords stored in plain text Facebook said the issue was discovered in January as part of a routine security review. Majority of the affected were users of Facebook Lite, a version of the social media app largely used by people in regions with lower connectivity. The social network is also probing the causes of a series of security failures, in which employees built applications that logged unencrypted password data for Facebook users, the report said. We estimate that we will notify hundreds of millions of Facebook Lite users, tens of millions of other Facebook users, and tens of thousands of Instagram users, the company said.
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LOK SABHA POLLS: OVER 30,000 POLITICAL ADS ON FACEBOOK SINCE FEBRUARY

A total of 30,457 advertisements related to politics or issues of national importance have hit the world's largest social media network ahead of the general election. The expenditure on these advertisements was Rs 6.54 crore, shows the data from Facebook's Ad Library Report. This report is a weekly summary of the library and includes data for ads that have been viewed by people in India. Making this report available to the public is part of Facebook's efforts to increase transparency in advertising, according to a note on the social media giant's website. The ruling Bharatiya Janata Party (BJP) seems to dominate the space. A page called ‘My First Vote For Modi’ accounts for the largest number of ads by number (2,765). Another one called ‘Bharat Ke Mann Ki Baat’ was second (2,429). ‘Namo Supporters’ was third with 2153 ads. The ‘Bharat Ke Mann Ki Baat’ page was the highest spender on advertisements. It accounted for nearly one out of every six rupees spent so far on Facebook's political advertisement’s, according to the data. It was also the biggest spender for the latest week. ‘Bharat Ke Mann Ki Baat’ spent over Rs 20 lakh between March 10 and March 16, the latest week for which the data is available. The Facebook data also provides information on the top search terms. The top search term was the BJP, followed by the Congress. Prime Minister Narendra Modi was third and Congress President Rahul Gandhi was fourth. The data from Twitter shows that there have been no promoted tweets from the official Congress and BJP account in the past seven days. Social media activity can be a major factor in elections, noted a July 2017 piece in the Journal of Political Marketing entitled, ‘Introduction: Social Media, Political Marketing and the 2016 US Election’. We can gauge the scale of social media's role in the 2016 presidential election from the data reported by the Pew Research Center (July 18, 2016). According to their survey, 44 per cent of US adults received information about the 2016 presidential election from social media. That is more than the percentage cited for either local or national print newspapers, it said. It noted that the winning candidate, Donald Trump, had a greater presence on social media than his opponent, Hillary Clinton. Trump had almost 10 million Twitter followers to Clinton's 7 million, and his 9 million Facebook followers were about double her number, it said.
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EU REGULATORS FINE GOOGLE €1.49 BILLION FOR BLOCKING RIVAL ONLINE SEARCH ADVERTISERS

European Union (EU) antitrust regulators handed down a €1.49 billion fine to Google on Wednesday for blocking rival online search advertisers, marking the company’s third penalty in two years. EU’s competition commissioner Margrethe Vestager announced the results of the long-running probe of Google’s AdSense advertising business at a news conference in Brussels on Wednesday. The commission found that Google and its parent company, Alphabet, breached the EU antitrust rules by imposing restrictive clauses in contracts with websites that used AdSense, preventing Google rivals from placing their ads on these sites. Google prevented its rivals from having a chance to innovate and to compete in the market on their merits, Ms. Vestager said. Advertisers and website owners, they had less choice and likely faced higher prices that would be passed on to consumers. Microsoft filed an EU antitrust complaint about the service in 2009 and the EU Commission formally launched its probe in 2016, although it said at the time that Google had made some changes to allow affected customers more freedom to show competing ads.
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GOOGLE'S 'INBOX' APP SHUTTING DOWN IN APRIL

Google is shutting down on April 2 its email app Inbox that gave users options like advanced filtering, message snoozing and more visual organisation. The search engine giant first hinted at bringing the app to an end last year, but it was not until recently that the users started seeing a more specific shutdown date, GSMArena.com reported on Tuesday. 'Inbox' is shutting down. We are saying goodbye to 'Inbox' at the end of March 2019. While we were here, we found a new way to email with ideas like snooze, nudges, smart reply and more. That's why we have brought your favourite features to Gmail to help you get more done, reads the desktop message that pops up while logging into Inbox. However, an iOS-only email client named Spark will be launched for Android right around the time Google retires Inbox. This, according to the tweets it has been replying to Inbox users on Twitter. Perhaps 'Spark' will be able to fill a void that will be left by 'Inbox', the report said.




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CS Meetesh Shiroya

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