12,000 CASES FILED SINCE IMPLEMENTATION OF INSOLVENCY LAW,
SETTING UP OF NCLT, SAYS OFFICIAL
As many as 12,000 cases
have been filed since the implementation of the insolvency law and setting of
National Company Law Tribunal (NCLT), a senior government official said Monday.
Asserting that the Insolvency and Bankruptcy Code (IBC) should be the last
resort, Corporate Affairs Secretary Injeti Srinivas said the NCLT has been very
expeditious in disposing cases related to insolvency. In some of the NCLTs, the
number of cases filed and the number of cases disposed off are almost the same.
That means you are almost current, he noted. Cases under the code can be taken
up only after approval from the tribunal, which has benches in different parts
of the country. Srinivas said that personal insolvency should be approached
carefully and in a planned manner. The issue of personal insolvency is an important
dimension, which we have to address at the earliest. Today, we have
approximately Rs 77 lakh crore as outstanding non-food credit Out of this,
industry accounts for about Rs 26 lakh crore and the services sector accounts
for about Rs 21 lakh crore. These two put together accounts for Rs 48 lakh
crore. It is 70 per cent of non-food credit outstanding. We are left with 30
per cent which we need to address now, Srinivas said. According to him, there
are two routes for personal insolvency -- one is insolvency process followed by
bankruptcy process and the second one is a fresh start. A fresh start or a
waiver or a waiver of a loan should be considered for debtors based on certain
criteria such as income levels and assets, he said. (Around) 4,500 cases have
been settled before resolution to a settlement amount of almost Rs 2 lakh
crore. 1,500 cases have been admitted. 6,000 cases are waiting in queue, he
added. The IBC provides for time-bound resolution of stressed assets. To a
query on long time taken in resolving certain cases under the IBC, Srinivas
observed that it would not be fair to say that cases have been lingering on.
May be these large cases have taken more than 270 days and some may be double
of that but if you look at the size of that loan and the quantum of recovery,
it is still an extraordinary sort of result. In (the case of) Essar, more than
Rs 42,000 crore would be (recovered). That is a very big sum and involves some
many creditors. I think for such very large cases, there would be some amount
of litigation and one year or little over one year for such a large case to be
settled is not too long, he said. Further, he said the time taken for
resolution of large cases is not too long, especially when it is compared with
the average of four-and-a-half years which has been taking prior to the IBC.
The repayment behaviour of poor persons is much better than the repayment
behaviour of richer people because they know their livelihood would come to an
end if they default, Srinivas said. Insolvency and Bankruptcy Board of India
(IBBI) Chairman M S Sahoo said the challenge before the Committee of Creditors
(CoC) is the ability to recognise and distinguish between a company, which is
potentially viable and unviable, then design a feasible resolution plan, while
ensuring the firm's value does not get further eroded in the process. The CoC
should be willing to restructure its liability and delay liquidation if the
company has the potential to be restored to health. However, the rescue plan
should be confined only to viable companies, he said. Noting that cross-border
insolvency is still work in progress Srinivas said that UNCITRAL provides for
enough flexibility to have carve outs. It is under the consideration of the
government and very soon Parliament might also approve it, he added.
Established in 1966, UNCITRAL is a subsidiary body of the General Assembly of
the UN with the general mandate to further the progressive harmonisation and
unification of the law of international trade, as per its website. The UNCITRAL
Model Law has been adopted in more than 40 countries. The model law deals with
four major principles of cross-border insolvency, including direct access to
foreign insolvency professionals and foreign creditors to participate in or
commence domestic insolvency proceedings against a defaulting debtor. Srinivas
said that having insolvency counsellor is a very good idea. We should look at
it seriously. You should have an option for the counsellor to sort it out. Some
mediation process should be there, he added.
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WORKMEN'S DUES OF PENSION, GRATUITY, PF NOT INCLUDED IN
LIQUIDATION ESTATE ASSETS :NCLT
The New Delhi bench of
National Company Law Tribunal has ruled that dues of provident fund, pension
and gratuity do not form part of liquidation estate of corporate debtor and
cannot be included in the assets to be liquidated for settling claims of
creditors as per Section 53 of the Insolvency and Bankruptcy Code. The ruling
was given in an application filed by workmen seeking release of their dues of
PF, pension and gratuity from the waterfall mechanism - the scheme for
distribution of proceeds from the liquidation of assets of the corporate debtor
in the preferential order mentioned in Section 53 of the IBC. The Official Liquidator
took the stand that dues of PF, pension and gratuity will not come under the
ambit of workmen dues under Section 53. As per Explanation II to Section 53,
workmen dues have the same meaning as assigned in Section 326 of the Companies
Act 2013, which does not mention dues of PF, pension and gratuity, said the
Liquidator. Banks Clueless About Recovery In this backdrop, the workmen
approached the NCLT through Advocates Swarnendu Chatterjee, Dinkar Singh,
Itisha Gulati and Pankaj Agarwal. The NCLT said that there was a basic flaw in
the reasoning of the Official Liquidator It said that under Section 36(4) (a)
(III), the expression 'liquidation estate' has been defined and it is clarified
that all sums due to any workman or employee from the provident fund, pension
fund and gratuity fund, were not included in the expression liquidation estate
assets. Once the sum due to any workman or employee from the provident fund,
pension fund and gratuity fund are not constitute a part of the liquidation
estate, we fail to understand as to how Section 53 could be invoked along with
its explanation. According to Section 53, the proceeds from the sale of the
liquidation assets are to be distributed in the manner specified therein. Therefore,
the aforesaid amount of the workmen dues cannot be a part of liquidation estate
assets, said the Tribunal. The bench of President M M Kumar and Technical
Member S K also made reference to a similar ruling by Mumbai bench. The Mumbai
bench had ruled that since section 36(4)(iii) has excluded the PF dues of the
workmen from the liquidation estate assets treating it as an asset of the
workmen lying with the corporate debtor, Section 53 is not applicable to say
that these dues fall within the ambit of liquidation estate. Based on this, the
New Delhi bench observed that the liquidator has taken a perverse view by
unnecessarily referring to explanation II of Section 53 and Section 326 of the
Companies Act. The application was allowed and the Liquidator was directed to
consider the claim of workmen afresh.
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WILL TAKE ALL STEPS TO PROTECT DOMESTIC INTERESTS IN
CROSSBORDER INSOLVENCY REGIME: INJETI SRINIVAS, CORPORATE AFFAIRS SECRETARY
India will provide
adequate carve-outs to protect domestic interests in the crossborder insolvency
regime which is under consideration by the government, a senior government
official said. Such provisions may mean that a portion of the debtor’s assets
may be kept aside to pay domestic creditors, according to the Insolvency and
Bankruptcy Code (IBC). One thing we can be sure is that we will have all
carve-outs that are required to safeguard domestic interests. We can’t adopt
internationalism at the cost of domestic interests, corporate affairs secretary
Injeti Srinivas said. Srinivas said the law would initially only give
jurisdictional access on the basis of reciprocity and that the reform would
give foreign investors greater confidence. We will go step by step and look at
reciprocity initially We need not open it up to every country; we will say
every country which will reciprocate, we will only give them this facility,
said Srinivas. While large insolvency cases have taken more than 270 days under
IBC, the outcomes of such cases have been positive, Srinivas said. For such
very large cases, there would be some amount of litigation and it (the time
taken) is not too long, especially if you compare it with the average of
four-and-a half years under the previous regime Srinivas said, adding that the
size of the loans that were being resolved and the quantum of the recoveries
constituted an extraordinary result. Srinivas said the IL&FS
(Infrastructure Leasing and Financial Services) group entities that had been
classified as red because of their inability to service debt obligations were
not necessarily beyond revival Today almost 50% of the assets (of the IL&FS
group) have been put on the block. I think in the coming 2-3 months we should
be able to see 50% of the IL&FS portfolio being resolved, he said. Of the
169 domestic IL&FS group companies, 50 entities have been classified as
‘green’. Another 13 have been classified as ‘amber’ and 80 as ‘red’. The
National Company Law Appellate Tribunal has directed all ‘green’ companies to
service their debt obligations. However, ‘amber’ and ‘red’ companies continue
to enjoy a moratorium on all claims against them, granted by the NCLAT in
October 2018.
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RULES TO REVIVE COMPANIES BEFORE LIQUIDATION TO COME OUT SOON
The ministry of corporate
affairs will soon notify regulations on last possible measures for revival of
companies that have been ordered for liquidation through the insolvency process
Once the liquidation order is given, the liquidator has to explore Section 230
of the Companies Act first. We are working on the regulation on how this will
be done and the process that will be followed, a senior official aware of the
developments said. This follows a recent order by the National Company Law
Appellate Tribunal, in which it directed the liquidator to exhaust options available
under this section before proceeding to attempt to sell the company wholly or
in parts. Section 230 of the Act allows creditors to make arrangements with the
members of the company to restructure debt liabilities. The official said
compromise should be another option for exit before liquidation, with a view to
reduce destruction of value. It is not clear if this would mean that promoters
who are otherwise prevented from bidding for distressed assets under Section
29(A) of the Insolvency and Bankruptcy Code would be able to regain control of
their companies if a liquidation order has been passed.
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SEBI BARS FPIS NOT MAKING DISCLOSURE
The Securities and
Exchange Board of India (Sebi) has asked bourses to block the accounts of
foreign portfolio investors (FPIs) that haven’t submitted the names of
beneficial owners to custodians. Top investors based in the US and Europe such
as Pacific Investment Management Co (Pimco), which manages assets worth $1.66
trillion globally, are said to be among those that hadn’t provided details by
the March 20 deadline, said people with knowledge of the matter. Assets worth
$5 billion have been blocked, they estimated. The FPIs have been barred from
making fresh investments in Indian markets but will be allowed to sell their
holdings, they said. The capital market regulator has asked custodians to share
the list of non-compliant FPIs with stock exchanges and has asked brokers not
to execute trades on their behalf. About 70 per cent of the FPIs have submitted
BO (beneficial owners’) details and complied fully with the know-your-client
(KYC) requirement. Around 20 per cent have submitted the details at the last
minute, said one of the persons cited above. While 10 per cent have not
complied, Sebi has collected the statistics from custodians and shared the list
with stock exchanges. The ban has started already. The regulator had issued a
circular on April 10 last year asking FPIs to identify the beneficial owner of
a fund based on not just ownership but control as well. In cases where there
was no significant beneficial owner based on economic ownership, fund managers
and other senior management officials were to be listed as such. Mutual funds,
for instance, have no significant beneficial owner since they raise money from
subscribers. Stiff opposition from FPIs, especially non-resident Indians
(NRIs), on this issue forced Sebi to ease the requirements. The regulator
restricted the new interpretation of beneficial ownership to KYC requirements.
For those FPIs based in high-risk jurisdictions, the threshold for beneficial
ownership is 10 per cent. Failure to submit beneficial ownership details within
six months could invalidate registration and force an FPI to sell its Indian
holdings.
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NEW SINGLE BORROWER LIMIT FOR LARGE COMPANIES
Companies owned by
business groups dependent on bank funding will have to adjust to new single
borrower limits of the Reserve Bank of India (RBI) from April 1. These
companies from large business houses like Reliance, Tata, Bajaj and Aditya
Birla will have to increasingly look beyond banks to raise funds as the new
rules stipulate that firms with more than Rs 10,000 crore loans raise at least
50 per cent of incremental money required from bond or equity markets. These
guidelines are part of an attempt by the RBI to address the concentration risk
of the banking system arising from its exposure towards a single counterparty.
The RBI timeline for such reduction in risk started in fiscal 2017-18 when
single party exposure was fixed at Rs 25,000 crore. Subsequently this was
reduced to Rs 15,000 crore in 2018-19 and is set to be further reduced to Rs
10,000 crore in the current financial year. Somasekhar Vemuri, puts the total
number of large companies impacted by this RBI limit at 60 but added that
almost all of them can make up for the change from borrowing from the market.
These companies total about 60 and are large ones rated higher than investment
grade. Hence, it is likely that they find no issues in raising funds from
outside the banking system. Also, due to the gradual phasing of this regulation
over the past two years, we do not expect any disruption for these com- panies,
Vemuri said. Bank exposure to bonds issued by these companies will also be
included in the calculation according to the RBI communication and banks will
have to divest their investments in these instruments by March 2021. However,
bankers say that a step by step implementation of the RBI guidelines means that
the banking system is not risking any disruption. These are companies which
have been dealing with the markets for a long time now. They are a mix of
private sector and government companies from diverse sectors like steel,
infrastructure and telecom. They have already altered their funding mix and
will continue to do so. Banks will also look to re-balance their exposure with
respect to these companies, said Jairam Sridharan.
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ERICSSON MOVES SC TO END INSOLVENCY CASE
Ericsson filed an application
in the Supreme Court on Monday, requesting to end insolvency proceedings it
started against Anil Ambani-led Reliance Communications. The telecom company
too filed an affidavit in the top court, seeking to drop contempt charges
against its chairman since the company has settled the matter with the Swedish
equipment supplier as per court's orders. An Ericsson spokesperson confirmed
the company moving the court to end the proceedings. The filings from both
sides will bring to an end Ericsson's 18-month battle with RCom over network
maintenance arrears. The battle between Ericsson and RCom started when the
Swedish company moved a bankruptcy court in 2017, alleging that it had not been
paid dues of around Rs 1,500 crore after signing a seven-year deal in 2013 to
operate and manage the telco's nationwide network. The case moved from the
National Company Law Tribunal to the National Company Law Appellate Tribunal,
where a settlement amount of Rs 550 crore was reached between the two parties.
After RCom failed to meet deadlines, including those mandated by the Supreme
Court, Ericsson filed for contempt of court against the telco's chairman.
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LISTED COMPANIES TO SENSITIZE ON THE FILING OF INFORMATION ON
ELECTRONIC PLATFORM OF NSE
NSE has issued circular to
all Listed Companies to sensitize on the Filing of Information on Electronic
Platform of NSE. As the NSE has introduced seamless announcement filing
mechanism on NEAPS for the events such as Corporate Insolvency Resolution Process;
Conversion; Preferential issue; Restructuring; Name Change; Forfeiture of
securities; Acquisition; Corporate Debt Restructuring; Demerger; FCCBs;
Redemption; Scheme of Arrangement; Voluntary Delisting; Amalgamation/Merger;
Diversification / Disinvestment; Retirement; Change in Company
Secretary/Compliance Officer; Memorandum of Understanding / Agreements; Post
Offer Public Announcement; Utilisation of Funds and Withdrawal. Under this
seamless system, the information will get disseminated as has been filed by
listed entity. Listed entity shall exercise due care while filing the
announcement and shall be solely answerable for the announcement. This system
will be in effect from March 26, 2019.
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GURUGRAM: RWA MOVES NCLT AGAINST VIPUL OVER UPKEEP FUNDS
The residents’ welfare
association (RWA) of Vipul Greens residential complex in Sector 48 filed a
petition with the National Company Law Tribunal (NCLT) against the developer
for withholding interest free maintenance security deposit (IFMS) even though
the township was transferred in April last year. While the petition was filed
earlier this month, the tribunal has now sent a notice to debtor Vipul Limited,
asking the developer to appear before it for a hearing on March 27. Residents
in the township said the developer had received six occupancy certificates (OC)
by 2013, but the developer had not transferred the maintenance to RWA yet. They
added that the IFMS, which they paid at a rate of Rs 50 per sq. ft. had not
been returned. The flats were handed over to occupants from 2007 to 2011, said
RWA president Sant Kumar, adding, By March 2013, the condominium was completed
and all six OCs were obtained by the developer. As per the provisions of the
Haryana Apartment Ownership Act, 1983, the builder was obligated to hand over
the maintenance of the complex immediately after obtaining OCs. However, the
developer maintained its control till March 2018. Kumar said, The annual upkeep
cost is around Rs 6 crore, and we are finding it very difficult to manage
without the security deposit. The township is also aging and requires more
funds for better upkeep. Sunil Pachar, an RWA member, said, The security
deposit and consequential interest aggregates to around Rs 10 crore.
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GOVT MOVES NCLT SEEKING IMMUNITY FOR DIRECTORS OF IL&FS
SUBSIDIARIES
The government on Monday
filed an application with the National Company Law Tribunal (NCLT) here,
seeking immunity for the newly-appointed directors of the subsidiaries of the
crippled IL&FS group from any future adverse outcomes. It can be noted that
soon after taking over the company after its defaults and appointing a new
board last October, the government had sought immunity to the newly- appointed
six directors of the group from any legal action against them for the past
deeds of old directors. We are issuing a direction that for the past actions of
the suspended directors or any of the officers of the company and the past
wrongs of the suspended directors and its officials, no action should be
initiated against the newly- appointed director, without prior approval of the
tribunal, NCLT Mumbai had said in an interim order on October 5. Meanwhile,
IL&FS has also filed an application seeking dispensation from appointing independent
director on the group companies. A two-member NCLT bench of VP Singh and
Ravikumar Duraisamy scheduled both the matters for detailed hearing on April
12.
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VICEROY INSOLVENCY CASE: CFM ASSET RECONSTRUCTION RESOLUTION
PLAN GETS COC NOD
The Committee of Creditors
has identified the resolution plan of CFM Asset Reconstruction Company for the
Hyderabad-based hospitality chain Viceroy Hotels Ltd. Viceroy Hotels is facing
a case under the Insolvency and Banking Code 2016, and after several extensions
to enable the Committee of Creditors to finalise the resolution plan, the
lenders have chosen the resolution plan of Asset Reconstruction Company. The
matter relating to Viceroy Hotels’ insolvency is under consideration by the National
Company Law Tribunal in Hyderabad. The shortlisting of the resolution plan has
come through after e-voting on the resolutions were put to vote at the 18th
meeting of the Committee of Creditors on March 19 and concluded on March 20. While
the Committee of Creditors has put their stamp on the resolution plan submitted
by CFM Asset Reconstruction Company, this is subject to a nod by NCLT. In
another petition moved by the Tourism Finance Corporation of India Ltd against
Cafe D’ Lake, a Viceroy Hotels unit and a subsidiary, NCLT has appointed M
Vijaya Bhaskara Rao as Interim Resoluion Professional to carry out functions in
line with the Insolvency and Banking Code, to find a solution. K Anantha
Padmanabha Swamy, Member Judicial, NCLT, Hyderabad, in its order held that the
Financial Creditor Tourism Finance Corporation of India Ltd has fulfilled all
the requirements of law and has also proposed the name of IRP, after obtaining
its written consent.
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THE RCOM-ERICSSON CASE IS A ONE-OFF IN BANKING SECTOR'S NPA
CRISIS
Indian banks are famous
for dragging their feet in taking decisions over soured loans In the past, they
had the full support of their regulator, the Reserve Bank of India (RBI),
although that backing has waned in recent years. Still, old habits die hard.
State Bank of India chairman Rajnish Kumar said last week that lenders to Jet
Airways (India) Ltd would make every effort to keep the airline from slipping
into bankruptcy as it would further erode the company’s value. Such an approach
is fraught with risks. What’s more, this was soon after an operational
creditor, Ericsson AB, won a case in the Supreme Court that made Reliance
Communications Ltd (RCom) pay it nearly half of what it was owed. This left
banks red-faced, as Ericsson, an unsecured creditor, moved from being among the
last in the queue for recovery, to first. But to paint the Ericsson win as a
complete failure for banks would be unfair. Ericsson’s repayment was the result
of a contempt order from the Supreme Court that involved a jail term for RCom’s
promoter if he failed to comply with the order. The amount involved as dues was
also small. The ₹1,150 crore dues is paltry compared with banks’
exposure of roughly ₹40,000 crore. Operational creditors have been able to get back
money from errant companies through the threat of insolvency proceedings in
other instances. Even so, these cases show that Indian banks are terrified of
taking companies to insolvency courts though they see little hope in getting
their money back on time. While there have been cases where companies have been
dragged to the bankruptcy process, in a large number of cases, that was at the
prodding of RBI. The prime reason for this fear is that a resolution plan in
their case would have to involve deep haircuts. We can understand why bankers
are reluctant for insolvency proceedings in some cases where a services company
is involved. IBC is not the ideal platform to take a services company because
they are thin on assets, said Abizer Diwanji. IBC is the Insolvency and
Bankruptcy Code. Liquidation is akin to writing off the entire loan. A
precursor to those haircuts would be the mandated 50% provisioning against the
loan once the borrower is admitted to insolvency courts. A restructuring, on
the other hand, would entail only 15% provisioning. Already bleeding due to
provisioning against legacy stock of bad loans, banks do not want the nascent
recovery in their balance sheets to be snuffed out by another wave of
provisioning. In the case of Jet Airways too, it remains to be seen how long
bankers can prolong the inevitable. The resolution plan would without doubt
contain a debt-to-equity conversion. Emergency funds of ₹1,200
crore will be provided, as per media reports. Ironically, banks will now own
the very companies which had turned defaulters. Finding a strategic buyer and
keeping haircut to the minimum is like the dream of having the cake and eating
it too. In the case of Kingfisher Airlines, a similar arrangement had blown up
in their face.
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GOVT MOVES NCLT SEEKING IMMUNITY FOR IL&FS BOARD MEMBERS
The government on Monday
filed an application with the National Company Law Tribunal (NCLT), seeking
immunity for the newly-appointed directors of the crippled IL&FS group from
any future adverse outcomes. The corporate affairs ministry has moved the
Mumbai NCLT seeking protection for these directors from any future adverse
proceedings as a precautionary measure. Meanwhile, IL&FS has also filed an
application seeking dispensation from appointing independent director on the
group companies. A two-member NCLT bench of VP Singh and Ravikumar Duraisamy
scheduled both the matters for detailed hearing on 12 April.
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HOTEL LEELAVENTURE SEEKS SHAREHOLDERS' NOD FOR ASSET SALE
Hotel Leelaventure is
seeking shareholders' nod to sell four hotels including one in the national
capital, and other assets to Canadian investment fund Brookfield Asset
Management for Rs 3,950 crore. In a regulatory filing Monday, the company said
it is seeking approval for special resolutions from its shareholders through
postal ballots to sell the different hotels. As per the postal ballot notice,
the company said its board has approved selling The Leela Palace, New Delhi
together with all its assets and liabilities as a going concern, on a 'slump
sale' basis, to an Indian subsidiary of BSREP Ill India Ballet Pte Ltd
(Brookfield) for a lumpsum consideration of Rs 1,705 crore. Similarly, the
board has also approved selling of the company's Bengaluru hotel undertaking as
a going concern on a 'slump sale' basis to Brookfield for a lumpsum
consideration of Rs 1,000 crore. The company further said its Chennai hotel
will be sold to the same buyer in a similar manner for a lumpsum consideration
of Rs 675 crore. The Udaipur hotel undertaking will also be sold for a lumpsum
consideration of Rs 320 crore. Further, Hotel Leelaventure said the board has
approved sale of its hotel operations undertaking pertaining to hotel
management operations together with all its assets and liabilities for Rs 135
crore.
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NCLAT SETS ASIDE JYOTI STRUCTURES LIQUIDATION, ASKS NCLT TO
CONSIDER RS 4K-CR PLAN BY SANGHI, OTHERS
The National Company Law
Appellate Tribunal (NCLAT) has set aside the order to liquidate Jyoti Structure
and asked the Mumbai bench of NCLT to consider the Rs 4,000-crore resolution
plan submitted by Sharad Sanghi and others. Allowing the appeal filed by Sanghi
in this regard, a two-member bench headed by Chairman Justice S J Mukhopadhaya
has remitted back the matter to the Mumbai-bench of the National Company Law
Tribunal (NCLT) directing it to pass an order within two weeks. The case is
remitted to the Adjudicating Authority, Mumbai Bench (NCLT), Mumbai to approve
the plan said NCLAT in its order. The appropriate order be passed on an early
date preferably within two weeks from the date of the production of the copy of
this order, the order added.
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SEBI CLARIFIES ON MF EXPENSES, COMMISSIONS FOR FIRST TIME
INVESTORS
The Securities and
Exchange Board of India (Sebi) has clarified that trail commissions can be
upfronted for Systematic Investment Plans (SIPs) of up to Rs 3,000 per month,
per scheme, for first-time investors in mutual fund schemes. Only the first SIP
purchased by the investor shall be eligible for upfronting and in case of
multiple SIPs being purchased on different dates, the SIP in respect of which
the installment starts on the earliest date shall be considered for upfronting,
the regulator has said. The said commission should be charged to the scheme as
'commissions' and should account for computing the total expense ratio (TER)
differential between regular and direct plans in each scheme. Fund houses can
now charge an additional TER of 30 bps for getting business from retail
investors from beyond the top 30 cities. Sebi has clarified that inflows of up
to Rs 200,000 per transaction by individual investors shall be considered as
inflows from retail investors. The regulator has clarified that there shall be
no entry load on SIPs registered prior to August 1, 2009. The disclosure had to
include scheme AUM and previous day’s NAV. Sebi has clarified that in case of
overnight and liquid schemes, the closing AUM and the average AUM of the
previous month has to be disclosed on AMFI website daily. However, for
cumulative AUM movement of more than 10 per cent from the previous disclosed
AUM, the AUM of that day has to be disclosed. Such disclosed AUM becomes the
reference AUM for future disclosure of AUM for the month.
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INDIA POSTPONES ACCOUNTING RULES, SPARING BANKS BAD-LOAN PILES
India delayed the
introduction of tough new accounting rules for the second year running, in a
move that will spare the country’s banks from adding another layer to the $190
billion pile of bad loans on their books. The Reserve Bank of India said late
Friday that legislative amendments needed to implement the new Indian
Accounting Standards are still under consideration by the government.
Accordingly, it has been decided to delay the implementation of the rules until
further notice, the RBI added in a statement on its website. The new rules --
based on the IFRS9 standards created in the aftermath of the financial crisis
-- were supposed to kick in at the start of the new fiscal year that starts on
April 1, after being delayed last year. According to Fitch Ratings’ local unit,
India’s state-run lenders would have had to increase provisions by as much as
1.1 trillion rupees ($16 billion) in the fiscal first quarter ending June 30 if
the rules had gone ahead. That would have forced public sector lenders to raise
substantial amounts of extra capital, beyond the estimated 1.9 trillion rupee
infusion already committed by the government for the two-year period to the end
of this month, Fitch’s India Ratings & Research said in a report last
month.
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START-UPS: INCORPORATION NORMS RELAXED
To boost ease of doing
business, especially for small and medium enterprises (SMEs) and start-ups, the
ministry of corporate affairs (MCA) has exempted incorporation fee for firms
having share capital up to Rs 15 lakh. Earlier, the limit was Rs 10 lakh. The
amendment to the Companies (Incorporation) Rules, 2014 to this effect was
notified earlier this month. An MCA official said this is part of the
government’s efforts to make India a start-up hub. The ministry has also
relaxed the requirement to publish the notice of shifting of registered office
by any firm in any principal local-language and English newspaper having ‘wide’
circulation, rather than the earlier requirement of ‘widest’ circulation. While
analysts welcomed the move, they said the amendments only provide nominal
relief. Important thing to note is that if a company is set up with an amount
exceeding Rs 15 lakh, the fee will be payable on the entire amount of the
authorised share capital and not the differential amount, said Sumit Naib. The
amendments, if implemented in letter and spirit, would facilitate the process of
shifting a company’s registered office from a procedural perspective and would
enhance the ease of doing business including for SMEs and start-ups, he added.
Others, though, believe the amendments bring genuine relief to companies facing
issues while changing registered office from one state to another and that the
earlier mandate of widest specified in the law made it difficult for companies
to select the right publication, which gave authorities a legal power to reject
applications. However, the terminology ‘wide’ also has its own set of
challenges, which stakeholders are expected to face in near future. This
amendment has not specified a meaning to the term, leaving the same to the
judgement of authorities. This is expected to result in confusion and undue
delays in processing of applications. Close to 1 lakh newspapers and
periodicals are registered with the Registrar of Newspapers for India, most of
which, if selected by any company, would defeat the purpose of amendment
application, said Rajat Mohan.
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MCA
Publication of notice u/s
75 of the LLP Act,2008 read with sub Rule 1(b) read with Rules 37(2) - ROC
Karnataka
List of LLP Applied for
Striking off the name
http://www.mca.gov.in/Ministry/pdf/LLPListRocKarnataka21_22032019.pdf
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SEBI SEEKS GREATER POWERS TO INSPECT BOOKS, FINANCIAL RECORDS
OF LISTED FIRMS
With an aim to thwart
financial frauds, regulator Sebi has sought powers to conduct inspection of
books of accounts of listed companies for contravention of any securities law
and also to take direct action against the fraudsters. Besides, Sebi has
proposed a heavy penalty for altering, destroying, mutilating, concealing or
falsifying records and documents or other tangible objects with an intent to
obstruct, impede or influence a legal investigation. At present, Sebi is
empowered to conduct such inspections in case of violations relating to insider
trading and fraudulent or unfair trade practices. The Sebi Act empowers the
regulator to conduct inspection of any book, register or other documents and
records of any listed company if it has reasonable grounds to believe that the
company has been indulging in insider trading or fraudulent and unfair trade
practices relating to securities markets. Sebi has also proposed that any
disgorgement order for recovery of illegal gains should be applicable to all
joint actors, without making it conditional on the gains or averted losses of
the violators. In another amendment to the Sebi Act, the regulator has sought
to replace the term 'material or non-public information' with 'unpublished
price sensitive information' to bring in greater consistency of legal phrases
used for insider trading laws. Also, the penalty for insider trading violations
is currently imposed on those dealing in securities on the basis of material or
non-public information, which the regulator has suggested changing to while in
possession. Regarding the additional penalty, Sebi is of the view that there is
a need to create an obligation on an individual not to alter, destroy,
mutilate, conceal or falsify the records to hamper investigation and therefore
all such acts should be treated as 'fraudulent' and actionable under the
securities laws. Such acts would lead to a minimum penalty of Rs 5 lakh, which
may extend to Rs 10 crore or three times the amount of profit made from such an
act, whichever is higher. In another proposed amendment, Sebi has said no
person should employ or assist in employing any device, scheme or artifice to
manipulate books of accounts or financial statements of a listed company to
directly or indirectly manipulate the share price, or to hide the diversion,
siphon off the funds or assets or earnings of a listed firm or a
proposed-to-be-listed company. The proposed amendment has been made as per a
recommendation of the Fair Market Conduct Committee, constituted by the
regulator. Officials said the final decision on the proposed changes would be
taken only after taking into account the views of the Finance Ministry and also
of the Corporate Affairs Ministry in a few cases. While the Finance Ministry is
already in agreement on some proposals, there are differences in case of a few
others.
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INSOLVENCY AND BANKRUPTCY CODE POSSIBLE FOR JET AIRWAYS IF NO
RESOLUTION: OFFICIAL
The Jet Airways crisis
could eventually head towards insolvency if the creditors fail to reach a
consensus on a resolution plan, a senior official said on Monday. "The
creditors and the debtors are in discussion. That's the best process. If there
is a good outcome of these negotiations between the creditors and the corporate
debtor, then that's better than dragging it to insolvency. But if that's the
only option left (going to the Insolvency and Bankruptcy Code -IBC- process),
then the bankers will have to take a call at that stage," Corporate
Affairs secretary Injeti Srinivas said. "IBC is a possibility for Jet
Airways if the creditors cannot agree on a resolution plan" he said.
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NCLAT SETS ASIDE JYOTI STRUCTURES LIQUIDATION, ASKS NCLT TO
CONSIDER RS 4K-CR PLAN BY SANGHI, OTHERS
The National Company Law
Appellate Tribunal (NCLAT) has set aside the order to liquidate Jyoti Structure
and asked the Mumbai bench of NCLT to consider the Rs 4,000-crore resolution
plan submitted by Sharad Sanghi and others. Allowing the appeal filed by Sanghi
in this regard, a two-member bench headed by Chairman Justice S J Mukhopadhaya
has remitted back the matter to the Mumbai-bench of the National Company Law Tribunal
(NCLT) directing it to pass an order within two weeks. The case is remitted to
the Adjudicating Authority, Mumbai Bench (NCLT), Mumbai to approve the plan
said NCLAT in its order. The appropriate order be passed on an early date
preferably within two weeks from the date of the production of the copy of this
order, the order added.
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GOVT SHOULD NOT TREAT RBI AT PAR WITH OTHER DEPARTMENTS UNDER
ITS CONTROL
At a time when the Reserve
Bank of India (RBI) is in loggerheads with the Centre over issues ranging from
interest rate cuts to autonomy over its policy decisions, a former RBI official
said although the government had upper hand over the RBI, it should maintain a
relationship of trust and respect in the larger public interest. The government
should look up RBI with pride for its contribution and should not treat the
institution at par with any other department under its control, said professor
Indira Rajaraman. Rajaraman said, although the relationship between the government
and the RBI was not always amicable, the recent steps taken by the government
has taken the hostility to a different level. Rajaraman said the two events
that led to public display of outrage between the two parties is that the
government invoking section 7 of the RBI act, which empowers it to consult and
issue directives, and secondly the government questioning the very governance
of the RBI instead of raising any particular policy issues. Rajaraman said,
that it is under government’s pleasure that the RBI exist so the government has
the power to control the central bank. On the functions of the RBI’s central
board, Rajaraman said, the board meets at least six times a year and has
various subcommittees to deal with various financial and policy matters. But I
feel there is no adequate time for the board to fully review and discuss the
reports of all subcommittees, Rajaraman added.
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BANKS PLAN TO INVITE BIDS FOR JET AIRWAYS, TATAS MAY BE BACK
IN THE FRAY
Lenders are laying the
ground for a new owner in Jet Airways as they insist on an undertaking from the
shareholders that will trim founder-chairman Naresh Goyal's stake to below 10%
while Abu Dhabi-based Etihad will have to agree to exit from the ailing
airline. Led by State Bank of India (SBI), lenders are planning to call for
open bids to sell Jet Airways after obtaining written agreements from Goyal and
Etihad. Goyal, who currently owns 51% of Jet Airways, will have to bring down
his stake to 9% and have no voting rights. Etihad, whose holding is at 24%,
will have to agree to sell its entire stake if it does not bring in new
capital. The Tata Group may be back in the fray for acquiring Jet Airways after
such conditions are met. Preliminary talks for a deal were held late last year
but the Group had subsequently withdrawn as there was no firm indication that
Goyal would step down. We have a two-stage plan and are insisting on an
agreement from both the shareholders. Goyal has to cut his stake to 9% while
Etihad, which has declined from making additional investments, will have to
agree to exit. This will ease the path for us to rope in a new investor, a
senior bank official said. Lenders will be subscribing to a 15-year-old zero
coupon non-convertible debenture (NCD), issued by Jet Airways, to provide
funding of Rs 800-1,000 crore in the interim period to keep the floundering
airline afloat. Banks expect to rope in a new investor within four weeks, the
source added. In the first stage, Goyal will own 25.5% of Jet Airways, down
from 51%, after conversion of debt into equity at Rs 1 a unit. Etihad's stake
will fall from 24% to 12% while banks will hold 50% of Jet Airways. Banks have
kept a deadline of June 30 to offload the lenders' stake. The downside is that
if Jet fails to get in a new investor, it will go into the National Company Law
Tribunal (NCLT). If the airline is grounded, it loses a lot of value. So we are
willing to provide interim funding to prevent it from being grounded, subject
to both the shareholders agreeing to our conditions. This will give us time to
get in a new investor. We are prepared to go up to Rs 1,000 crore. But if
things don't work it, we will have to drag it down to the NCLT, the official
said.
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SECURITIES AND EXCHANGE BOARD OF INDIA (CUSTODIAN) (AMENDMENT)
REGULATIONS, 2019
In exercise of the powers
conferred by section 30 of the Securities and Exchange Board of India Act, 1992
(15 of 1992), the Board hereby makes the following Regulations to further amend
the Securities and Exchange Board of India (Custodian) Regulations, 1996,
namely :-
1. These Regulations may
be called the Securities and Exchange Board of India (Custodian) (Amendment)
Regulations, 2019
2. They shall come into
force on the date of their publication in the Official Gazette.
3. In the Securities and
Exchange Board of India (Custodian) Regulations, 1996 –
(1) regulation 9A shall be
substituted with the following, namely,-
Period of Validity
9A. Every certificate
granted under sub-regulation (3) of regulation 8, shall be valid unless it is
suspended or cancelled by the Board.;
(2) regulation 9B shall be
omitted;
(3) in Second Schedule,
(i) in the title, the
words and expression 3(3), 8 and 9(C) shall be substituted with the words and
expression 3(3) and 8;
(ii) in Part A,
Explanation II shall be omitted.
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RELIANCE COMMUNICATIONS ENTERPRISES PLEDGES 12.50 CR RCOM
SHARES WITH INDUSIND BANK
Reliance Communications
Enterprises has pledged 4.52 per cent of its holding in Reliance Communications
(RCom) amounting to 12.50 crore shares with IndusInd Bank Ltd, according to a
regulatory filing. Reliance Communications Enterprises (RCE) held 49.06 crore
shares in RCom amounting to 17.74 per cent stake, of which it had previously pledged
4.85 per cent. With the latest pledge on March 22, the total pledged shares by
RCE now stands at 9.37 per cent of total share capital or 25.90 crore shares.
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RBI'S RS 3-TRN BOND BUYS THIS FISCAL COULD DISTORT MARKET: DEUTSCHE
BANK
The Indian central bank’s
purchases of bonds to inject cash into the financial system may have an
unintended effect of distorting bond prices according to Deutsche Bank AG. The
Reserve Bank of India should instead consider cutting the cash reserve ratio a
move it last resorted to six years ago, as various reserve requirements
enforced by the authority so far are curbing deposit growth and transmission of
rate cuts, said Srinivas Varadarajan. Open-market operation interventions
beyond a point do have an impact on the micro structure of the government bond
market, he said in an interview. The RBI should look at CRR in addition to OMOs
as active instruments to manage durable liquidity in the system. The central
bank has bought a record Rs 3 trillion ($43.5 billion) of government bonds so
far this fiscal year to ease a cash crunch and is set to inject rupee liquidity
via a dollar/rupee swap auction worth $5 billion on March 26. The purchase of
bonds through OMOs has led to steepening of the yield curve as most of the
buying was concentrated at the shorter end. The introduction of the currency
swap tool to inject cash has led to some speculation that the RBI may cut down
on OMOs.
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CREDIT RATING COS WILLING TO OFFER SERVICES AT JUST RS 1,100
Credit rating agencies are
ready to offer their services for as low as Rs 1,100 Also, they are willing to
receive the fee well after the process is complete –– and not in advance which
is the customary practice. State-run National Highways Authority of India
(NHAI) recently invited bids from credit rating agencies to rate its upcoming
Rs 75,000-crore bond issuance. The unusually low fee bids came in the wake of
the Reserve Bank of India expressing displeasure about credit rating agencies’
business practices, including the so-called rating shopping. Four rating
agencies — Crisil, Care Ratings, India Ratings and Icra –– had placed bids for
rating the upcoming NHAI bond issue. When the bids were opened last week, three
rating agencies –– Crisil, Care Ratings and India Ratings –– had placed their
bids at Rs 1,100, while Icra had put in a bid of Rs 1,500. It’s quite
surprising that all the three rating firms have quoted the same amount, said a
banker who wished not to be quoted. Rating agencies traditionally charge 4-10
basis points. But, if this percentage translates into high fees in absolute
terms like in the case of NHAI, it would bring in another methodology. This is
the first time that credit rating agencies have quoted such low fees. It
doesn’t even cover the cost of stationary expenses said a person familiar with
the development. This practice is promoting a clear standard of rating
shopping. Even NHAI officials were amused how they quoted such low fee, the
person said. Rules now require rating agencies to maintain better transition
and default statistics, said another person familiar with the development.
Rating agencies have become desperate to acquire higher rated issuers who issue
large amount of debt at whatever rate possible. Globally, credit rating
agencies disclose their rating fee structure. In India, there is no such
requirement for bond ratings.
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NCLT DISMISSES LIBERTY PLEA AGAINST REJECTION OF ITS PLAN FOR
INFINITAS
Citing the legal position laid
down by the Supreme Court recently, the Chennai bench of the National Company
Law Tribunal (NCLT) has dismissed an application by UK-based industrial and
metals company Liberty House group, challenging the rejection of its resolution
plan for Chennai-based beleaguered renewable power infrastructure solution
provider, Infinitas Energy Solutions. The bench of Mohd Sharief Tariq ruled
that the resolution professional, the adjudicating authority or appellate
authority, were not empowered to reverse the commercial decision of committee
of creditors (CoC). In view of the reasons recorded by the CoC for rejection of
the resolution plan by Liberty House and the legal proposition laid down by the
apex court, the resolution applicant has no vested right to challenge the
rejection of its resolution plan, he said. The SC had ruled that the NCLT has
no authority to evaluate the commercial decision of the CoC to approve or
reject a proposed resolution plan in K Sashidhar vs Indian Overseas Bank case.
The SC said that there was no provision in the Insolvency and Bankruptcy Code
(IBC) that empowers the resolution professional or the adjudicating authorities
(NCLT & NCLAT) to reverse the commercial decision of the CoC. According to
Liberty House, which filed the plea against the rejection, the main issue it
wanted to get an answer was as to whether the liquidation of the corporate
debtor (Infinitas Energy) can be permitted if a resolution plan is rejected for
reasons extraneous to the scheme of the IBC. The NCLT bench observed that the
CoC, while rejecting or accepting the resolution plan, is under obligation to
strike a balance between the interests of the creditors and corporate debtor.
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BANK OF AMERICA TAKES OVER JAYASWAL NECO LOAN WORTH RS3,290
CRORE
Bank of America (BoA) has
taken over loans worth around Rs3,290 crore owed by city-based company,
Jayaswal Neco Industries Limited (JNIL) to a consortium of financial
institutions led by SBI. The loans had turned NPA and were among the major stressed
assets with the Indian banks JNIL which was named in the coal block allocation
scam under the UPA regime had been going through a tough phase following a
slump in the steel casting business in which it deals. Sources privy to the
deal said loans worth Rs 4,700 crore which form nearly 88% of JNIL’s total debt
were auctioned through the National Company Law Tribunal (NCLT). BoA was the
single bidder which took over the loans at 70% of the value. Or in other words
banks have taken a haircut of 30% in the loans granted to JNIL. The bank has
been particularly looking for certain potentially good projects where the loans
have been defaulted for whatever reasons, said independent sources. In this
case 88% of the loans were auctioned. Now in turn BoA will be looking for
potential investors who would be taking over the debt and later convert it into
equity. This will also pave way in bringing a professional management in the
company through the new stakeholders. Since BoA has major part of the debt, it
is expected to have a say in the future proceedings related to JNIL’s remaining
loans too. When contacted, BoA officials refused to comment. BoA has brought
the JNIL deal through an asset reconstruction company Assets Care and
Reconstruction Enterprise (ARCE). JNIL’s name had featured in second list of
stressed accounts released by the RBI. Once a major name in the city’s business
circles, JNIL is run by the Jayaswal family with the patriarch Bastanlal
Jayaswal at the helm.
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GRASIM GETS INTERIM RELIEF ON RS 5,872 CRORE DIVIDEND TAX
CLAIM
The Bombay High Court on
Friday granted interim relief to Grasim Industries, the flagship company of the
Aditya Birla Group, on a Rs 5,872-crore dividend distribution tax demand linked
to a 2016 demerger plan of group businesses. The revenue department had raised
the demand on Aditya Birla Capital (ABCL) shares that Grasim received after the
demerger of Aditya Birla Capital from Aditya Birla Nuvo. The restructuring was
part of a plan that involved the merger of Aditya Birla Nuvo with Grasim.
However, after the merger, the financial services business of Aditya Birla Nuvo
was demerged into Aditya Birla Capital. In 2017, the Ahmedabad bench of the
National Company Law Tribunal (NCLT) approved the demerger. The company has, on
March 15, received an order issued by the deputy commissioner of Income Tax
raising a demand of Rs 5,872.13 crore on account of Dividend Distribution Tax
(DDT) that includes interest, argued a counsel representing Birla Group in the
court. The order is not as per income tax norms. The division bench of justice
Akil Kureshi and justice SV Kotwal, while allowing an interim stay, said the
revenue department had raised a huge tax demand and directed the firm to
deposit the amount without giving enough time to file an appeal. The court has
asked the tax department to file its reply, adjourning the case to April 12.
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MUTUAL FUNDS: SEBI ISSUES NORMS FOR VALUATION OF BELOW
INVESTMENT GRADE DEBT SECURITIES
Sebi Friday came out with
norms for valuation of money market and debt securities that are rated below
investment grade, a move aimed at ensuring uniformity and consistency in
valuation across the mutual fund industry. In a circular, the regulator said
all money market and debt securities which are rated below investment grade
shall be valued at the price provided by valuation agencies. Till the agencies
compute the valuations, such securities would be valued on the basis of
indicative haircuts provided by the agencies. AMCs (asset management companies)
may deviate from the indicative haircuts and/ or the valuation price for money
market and debt securities rated below investment grade provided by the
valuation agencies subject to certain conditions, the circular said. The
detailed rationale for deviation from the price post haircuts or the price
provided by the valuation agencies should be recorded by the AMC. Further, AMCs
should immediately disclose instances of deviations under a separate head on
their websites. In case of trades during the interim period between date of
credit event and receipt of valuation price from valuation agencies, AMCs shall
consider such traded price for valuation if it is lower than the price post
standard haircut. The said traded price shall be considered for valuation till
the valuation price is determined by the valuation agencies, it said. Besides,
the residual maturity for amortisation-based valuation would be reduced from
existing 60 days to 30 days.
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SEBI EXEMPTS GOVT FROM OPEN OFFER FOR UNION BANK AFTER CAPITAL
INFUSION
Markets regulator Sebi
Friday exempted the central government from making an open offer for the
shareholders of Union Bank of India following capital infusion. In February,
the government proposed a capital infusion of Rs 4,112 crore in the public
sector lender through preferential allotment of shares. The infusion is to meet
certain regulatory requirements. After the preferential allotment, the
shareholding of the central government is likely to increase from 67.43 per
cent to 73.98 per cent, an increase of 6.55 per cent, which is in excess of 5
per cent during the current financial year 2018-19 thereby attracting takeover
provisions. Under the takeover norms, the acquirer is required to make a public
announcement of an open offer to acquire shares in case the existing stake goes
beyond a certain threshold. According to the Securities and Exchange Board of
India (Sebi), there will be no change in control of the bank pursuant to the
proposed acquisition. Further, there will be no change in the number of equity
shares held in lender by the public shareholders, pursuant to the proposed
transactions. Accordingly, it grants exemption to the proposed acquirer viz.
the Government of India, from complying with the requirements of Regulation
3(2) of the Takeover Regulations with respect to the proposed acquisition of
6.55 per cent equity shares in the target company viz. Union Bank of India,
Sebi said.
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GDR MANIPULATION: SEBI BARS BHORUKA ALUMINIUM, 4 OTHERS FOR
FIVE YEARS FROM SECURITIES MARKET
Markets regulator Sebi
Friday barred Bhoruka Aluminium Ltd and its four senior officials from
securities market for five years in a matter related to alleged manipulation in
issuance of global depository receipts (GDR). The regulator conducted a probe
regarding the firm's allotment of 1.21 million GDR amounting to USD 10.38
million on the Luxembourg Stock Exchange in December 2010. During the probe,
Sebi observed that the entire 1.21 million GDR was subscribed by only one
entity, Vintage FZE (now known as Alta Vista International FZE). The
subscription amount for GDR was paid by Vintage after obtaining loan from
European American Investment Bank (EURAM). However, the loan paid by Vintage
was secured by pledge agreement between Bhoruka and EURAM Bank, the regulator
said. Bhoruka had facilitated subscription of its own GDR issue by entering
into an arrangement where subscriber (Vintage) obtained loan from the Euram
Bank for subscribing the GDR which ultimately was pledged by the Bhoruka, the
regulator said. Besides, the company made misleading announcements that the GDR
was successful whereas there was only one subscriber, Sebi said. Regarding the
directors, the regulator said they were the board members and gave approval to
the fraudulent arrangement of Bhoruka facilitating the subscription of its own
GDR while Dalmia had signed pledge agreement on the behalf of the company, the
regulator said.
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KARNATAKA BANK REPORTS FRAUD TO RBI
Karnataka Bank has
reported fraud to RBI amounting to Rs.13.26 crore in the fund based working
capital facility that was extended to SRS Finance, on account of diversion of
funds. The said working capital facility was extended by the Bank under
Multiple Banking arrangement and necessary accounting treatment has already
been given as per the extant RBI Guidelines.
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THE GREAT CORPORATE SPRING CLEANING
During previous
governments, big corporate borrowers were not overly concerned if they were
unable, (or unwilling) to service their debt obligations to banks, mainly
public sector ones. The governments obliged with several schemes to roll over
the bad loans, and with bank managements having the ability to decide whether
or not to classify the non-performing loans as such, and to provide for them
(bringing down profits), the NPA skeletons were pushed to the back of the
cupboard. Governments, and times, changed. The RBI removed subjectivity of classification
and introduced objective criteria Banks needed to classify the laggards as
NPAs, and to provide for them. Overnight, the colour of their P&L changed,
even before Holi, from black to bright red. Non-performing asset levels rose to
mid teens and banks sought more capital from the government to be able to lend
to borrowers to kick-start the investment cycle. This government introduced
legislation such as the Bankruptcy Law, and the Fugitive Act, and these are
starting to bite. Economic fugitives are facing the heat; Vijay Mallya has been
ordered to be extradited back to India (he has appealed), and Nirav Modi has
been arrested and is behind bars for a week, pending trial and likely
extradition. Big defaulting borrowers have been sold under the Bankruptcy Law,
such as Essar Steel, sold to Arcelor. There was a last minute offer by the
Ruias to make full repayment, which the court rightly took as a stalling
tactic, and asked them to repay the rest of the debt for their offer for Essar
Steel to be considered. Some defaulters managed to strike deals for sale of
assets; for example, the Leela group sold its remaining hotels to Canadian
alternative assets firm Brookfield, for Rs. 3,950 crore.
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BSE HANDS OVER SUN PHARMA DEC TRADE DETAILS TO MUMBAI POLICE
The Bombay Stock Exchange
(BSE) has given Mumbai police the derivative trading details on Sun Pharma for
the December contract, with law enforcement seeking to ascertain whether some
traders had conspired with an equity research team to hammer the stock of
India’s biggest drug-maker. The BSE response comes after the police’s Economic
Offences Wing (EOW), taking forward a complaint by Sudhir Valia &
Associates, had begun a preliminary enquiry (PE) against Macquarie Group, which
circulated an investment note that raised alleged corporate governance concerns
at Sun Pharma. The National Stock Exchange, the competing bourse also based in
Mumbai, is yet to provide the police Sun Pharma’s trading details on its
platform. Valia, linked to the Sun Pharma promoter family, had complained that
a note prepared and circulated by Macquarie Group pulled down the share price
from Rs 510 to Rs 410 eroding market capitalisation by Rs 20,000 crore in
December. Valia alleged that the note, titled ‘The murky waters of Sun Pharma
& Co’, (was) issued to investors to unduly benefit select clients by
maliciously defaming Sun Incidentally, this note was leaked at the same time as
the month-end settlement cycle drew near. This gave a massive advantage to short
sellers. Apparently, people involved in drafting and circulating the note were
successful in their objective to substantially pull down (the) share price,
said the complaint. The Macquarie note had raised questions about alleged
inadequate disclosures regarding the role of promoter Dilip Shanghvi’s
brother-in-law Sudhir Valia, Sun’s past links with banned traders Ketan Parekh
and Dharmesh Doshi, and related party transactions. The police probe is focused
on whether investment firms or traders colluded with the Australian
multinational independent investment bank that had written the research note.
Sleuths have also written to market regulator SEBI, seeking details whether the
note, the fall in share prices and potential beneficiaries are linked. SEBI’s reply
is awaited.
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L&T BID: MINDTREE FOUNDER SAYS 'OFFERED HUGE BAGS OF
MONEY' TO GIVE AWAY COMPANY
Amidst a takeover bid, IT
services firm Mindtree’s founder and former CEO, Subroto Bagchi, has revealed
that he along with other promoters - Krishnakumar Natarajan, Rostow Ravanan and
Parthasarathy N S - were offered huge bags of money to give Mindtree away. In a
letter to employees, Bagchi said: KK, Rostow, Partha and I were offered huge
bags of money to give Mindtree away. We have respectfully said 'no' to their
overtures. Our polite refusal has been interpreted as foolish idealism of a
bunch of lower middle-class folks. That, we are. Bagchi informed the employees
that he had quit from his current position as the chairman of Odisha Skill
Development Authority and has rejoined Mindtree. I cannot stay miles away,
ensconced in another world to live the nightmare that the builders have arrived
with the excavators, bulldozers, chainsaws, cranes and the impeccably drawn up
blueprint to raze Mindtree. I have with great pain, resigned my official
position as chairman of Odisha Skill Development Authority. I want to be on the
spot with you because I will not be able to explain to my creator as to why his
gardener wasn’t there when the Tree was sought to be destroyed, he said.
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JIO GETS NCLT 'OK' TO DEMERGE FIBRE, TOWER ASSETS
Reliance Jio Infocomm
(Jio) has received a nod from the company law tribunal to hive off its fibre
and tower businesses into two separate units, which the telco hopes to monetize
in the near future. Further to our letters dated December 11, 2018 and February
19, 2019, we would like to inform that the Hon'ble National Company Law
Tribunal, Ahmedabad Bench, vide its Order dated March 20, 2019, has approved
the Scheme said the operator in a regulatory filing on Friday. The company is
seeking regulatory approvals for demerging the fibre and tower businesses into
Jio Digital Fibre Pvt Ltd and Reliance Jio Infratel Pvt Ltd, respectively. The end
objective will be to have different set of investors who would want to run
these companies. This means that these assets go off our balance sheets, so the
liabilities also go down, RIL’s joint chief financial officer (CFO) Srikanth
Venkatachari told.
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GOVT GARNERS RS 700 CRORE VIA FIRST EVER SALE OF ENEMY SHARES
Sale of 'enemy shares' and
buyback of stocks by CPSEs have together yielded the government over Rs 11,300
crore thus helping the exchequer mop up Rs 85,000 crore from disinvestment in
the current fiscal -- the second highest receipt ever. The government has
garnered Rs 700 crore through the first ever sale of 'enemy shares' after the
Cabinet in November 2018 gave its go-ahead to the Department of Investment and Public
Asset Management (DIPAM) to sell such shares held in companies. Enemy property
refers to the assets left behind by people who migrated to Pakistan or China
and are no longer citizens of India. Besides, over Rs 10,600 crore has come in
from buyback of government shares by Central Public Sector Enterprises (CPSEs).
In addition, the government has received Rs 1,929 crore via initial public
offering (IPO) of five companies -- MSTC, RITES, Ircon, Garden Reach
Shipbuilders and Midhani. The government has received Rs 5,218 crore from offer
for sale (OFS) of Coal India, and another Rs 5,379 crore from sale of SUUTI
stake in Axis Bank.
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BITTER NPA PILL FOR RENUKA SUGARS’ LENDERS
A stern interpretation by
the Reserve Bank of India (RBI) of its contentious February 12 circular has
stunned banks. The regulator has told banks to categorise a particular loan
account as non-performing asset (NPA) almost a year after the borrower’s debt
was rejigged and the firm had received fresh capital infusion. The company in
question is Shree Renuka Sugars which became a subsidiary of the
Singapore-based Wilmar Sugar Holdings (WSH) in 2018 following what was billed
as one of the largest foreign direct investment in the agriculture sector. But
RBI in a letter to lending banks last week said that their loans should carry
the NPA tag because a higher stake held by Wilmar now does not amount to a
‘change in management and ownership’. Wilmar currently holds more than 58% in
Renuka, India’s leading sugar company. Since Wilmar was a minority shareholder
earlier, RBI is refusing to recognise a ‘change of ownership’ in Renuka even
though the former CEO Narendra Murkumbi had resigned. This is a technical,
literal interpretation of the law, a senior banker told. Such a regulatory
stance could stand in the way of debt resolution in other companies. For
instance, hypothetically, if Etihad had raised its holding in Jet, (founder)
Naresh Goyal moves out, and the company’s debt is restructured under a new
scheme, will RBI still insist that is no change of management and the exposure
is not a ‘standard loan account’ just because Etihad holds 24% now, said
another banker. Renuka has not defaulted after the loans were restructured.
According to RBI’s February 12 circular, credit facilities of borrowing
entities may be upgraded as ‘standard’ (from NPA) after a change in ownership
is implemented, either under the Insolvency & Bankruptcy Code (IBC) or
under the debt restructuring framework outlined in the circular. Wilmar held
38.57% stake in Shree Renuka Sugars as on March 2018. Following capital
infusion and open offer, amounting to an investment of Rs 1,200 crore, Wilmar
acquired majority control. Wilmar also gave a guarantee of Rs 2,700 crore as
part of the debt resolution which was agreed in March 2018. Renuka Sugars’
standalone debt at the end of September 2019 was Rs 2,117 crore. In a case
where a debt-ridden company is classified as a ‘standard account’ following a
change in management, banks have to ensure that among other things, the
acquirer is not a person disqualified in terms of Section 29A of the Insolvency
and Bankruptcy Code, 2016. This section bars defaulting promoters and ‘related
persons’ from bidding for assets.
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M&A DEAL VALUE DROPS 34 PER CENT TO $1.24 BILLION IN
FEBRUARY
The value of merger and
acquisition (M&A) deals in February slumped 34 per cent to $1.24 billion
compared to the year-ago period, according to a report. Leading consultancy
Grant Thornton’s report showed that number of M&A transactions last month
rose marginally to 44 last month whereas the same was at 40 in February 2018.
While February 2019 recorded same number of deals valued and estimated at over
$100 million as witnessed in February 2018, the high valued deals totalled to
only $0.9 billion compared to $1.5 billion in February 2018, it said.
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VARUN BEVERAGES GETS CCI APPROVAL TO ACQUIRE PEPSICO'S
FRANCHISE RIGHTS
PepsiCo India's bottling
partner Varun Beverages Ltd (VBL) Monday said it has received nod from the
Competition Commission of India for its proposal to acquire franchise rights of
the foods and snacks major in southern and western India. The Competition
Commission of India (CCI) in its meeting held on March 22 considered and
approved the proposed acquisition, VBL said in a regulatory filing. In
February, VBL had announced its plans to acquire franchise rights of PepsiCo in
southern and western regions. Upon completion of the acquisition, VBL will be a
franchise of PepsiCo beverages business across 27 states and seven UTs, it had
said.
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NSE EYES 350-375 TONNES OF DOMESTICALLY REFINED GOLD MARKET
FOR DERIVATIVES
With over 350-375 tonnes
of the domestically refined gold market still away from the organised trading
platforms in India, the National Stock Exchange of India (NSE) has decided to
accept it as good delivery on its derivatives platform. So far, only London
Bullion Market Association recognised bullion is accepted as good delivery on
the exchange platform. NSE has initiated a move to decide India good delivery
norms for gold including sourcing norms for gold refined and unrefined (dore).
The process of finalizing new norms and implementing is expected to take two
months. These are significant as in last few years Indian bullion refineries’
business has increased and in 2018 domestically refined gold contributed from
dore and recycled gold to half (350-375 tonnes) of the domestic gold demand.
However, on gold futures exchanges this gold cannot be delivered. This means
domestic refineries have limited access to hedge their future production on
exchange platform as they can’t deliver gold the refine on exchange platform.
India’s domestic physical gold demand is 600 tonnes for jewellery and 160-175
tonnes of investment demand, according to the World Gold Council 2018 data. 275
tonnes of gold was supplied by Indian gold refineries and 87 tonnes of gold was
derived from scrap or recycled gold. Indian metal companies also derive gold
from ores of other metals during the process of refining them. This was 8.6
tonnes. All these can now be deliverable on the futures market once India goods
delivery norms are in place.
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IDBI BANK STILL IN PUBLIC SECTOR; NO THREAT OF JOB LOSSES
IDBI Bank still retains
the character of a state-run lender and will continue to be governed by
existing rules on hiring even though it is technically a private bank now due
to a drop in the government’s holding following the acquisition of a 51% stake
by LIC, official sources told. Meanwhile, the All India Bank Employees’
Association (AIBEA) on Wednesday wrote to the Reserve Bank of India (RBI),
asking the regulator to reconsider its decision to categorise the bank as a
private entity. A senior government official said: Although technically, IDBI
Bank is not a public sector bank (PSB), there can’t be any retrenchment of
employees following the LIC acquisition, as existing rules will continue to be
applicable. So, there is no threat to the job of any employee. Any reservation
policy (for hiring SC/ST candidates and others), too, will continue. In short,
everything remains the same, only the status has changed on paper.
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DEBT MFS’ ALLOCATION TO GOVT. SECURITIES HALVES IN 11 MONTHS
An analysis shows that
there has been a significant shift in the manner debt schemes deploy their
funds with the allocation towards government securities having halved since
March 2018 and the share of corporate debt paper also witnessing a fall while
investment in instruments such as bank fixed deposits, asset backed securities,
equity-linked debentures and other money market instruments have almost doubled
between March 2018 and February 2019. A shift in deployment of funds by debt MFs
was witnessed in the initial 11 months of FY19, said the latest analysis by
CARE Ratings. According to the agency, allocations towards government
securities have halved since March 2018, while the share of corporate debt
paper, including floating rate bonds, non-convertible debentures, fell from 38%
in March 2018 to 31% in February 2019. The share of certificates of deposit and
PSU bonds/debt has dropped marginally in February 2019, compared with March
2018. Investment in other asset types almost doubled from 8% in March 2018 to
15% in February 2019. This segment includes treasury bills, other money market
investments, equity linked debentures/notes, asset backed securities, bank FD,
etc., as per the CARE Ratings report. Incidentally, the overall exposure of
mutual funds towards non-banking finance companies (NBFCs) has dropped from 19%
in July 2018 to 15.6% in February 2019. Further, as per CARE Ratings, after the
liquidity crisis triggered in the NBFC space, mutual funds withdrew more than
one-third of their investments from commercial papers. The percentage share of
funds deployed in commercial papers of NBFCs was at the lowest at 7.7% in
February 2019, since December 2017, said the report, while adding that debt
mutual funds held ₹1.08 lakh crore funds in commercial papers of NBFCs in
February 2019.
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CHINA’S VC INVESTMENTS IN INDIAN START-UPS HIT $5.6 BILLION IN
2018
The inflow of Chinese
venture capital (VC) funds into India continues to grow exponentially despite
the geopolitical tensions between the two countries. The Chinese VC funds
surpassed those coming from the US and Japan in 2018. According to data
collated by research and analytics platform Tracxn, the China’s VC investment
into the Indian start-up ecosystem has increased five-fold at $5.6 billion in
2018 compared to a mere $668 million in 2016 and around $3 billion in 2017. The
increased inflow to Asia’s third largest economy. Among the top Chinese
investors that focussed in the Indian market were Alibaba, Shunwei Capital,
Fosun Tencent and Xiaomi, which wrote larger cheques last year compared with
the previous year. The data also showed that sectors such as consumers,
food-tech, logistics, retail, artificial intelligence, Internet of Things and
fintech, attracted the maximum investments from the Chinese VCs thus helping
Indian start-ups to boost their valuations. However, even though the
geopolitical situation between the two neighbouring countries is worsening by
the day, experts believe the trade relation is not going to get impacted and
more so the investments into the start-up space is likely to grow. He further
added that the Chinese capital requires no major privacy and security treatment
from any other capital and India has enough safeguards with regards to all
investors. In the first Startup India Investment Seminar held in Beijing last
year, 12 Indian start-ups participated out of which four secured funding from
Chinese venture capitalists to the tune of $15 million.
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FEDERAL RESERVE SIGNALS FOR INDIAN INVESTMENTS
The signalling at the
Federal Reserve of the US meeting last week that no more interest rate hikes
should be expected during 2019 has ramifications across the globe given the
scale of the US economy and the importance of Federal Reserve policy to global
investments. From the perspective of the Indian investment community, there are
some crucial takeaways and the reiteration of a few existing trends First,
given that global G-10 bond markets have seen a structural bull trend over the
last three decades with interest rates moving lower, from a portfolio
allocation perspective, the low long-term bond yields in the developed
economies will create significant pressure on investment portfolios for investment
return generation. Hence, the need to look for alternative mechanisms to boost
returns will be even greater post the Federal Reserve meeting last week. This
search for higher yield from developed market portfolios provides an avenue for
emerging markets such as India to attract some of the capital that sits with
developed market investors. Relatively dovish central bank policy like the one
suggested by the Federal Reserve last week further adds impetus to the trend.
The second and the biggest takeaway from the signals provided by the Federal
Reserve is that the trends such as the availability of large amounts of capital
for investment and the move from institutional investors towards more direct
investments are here to stay. As developed economy based investors look towards
emerging markets to generate investment returns, India by the sheer size of its
market, is a destination for the return-seeking capital. It is true that while
large institutional capital allocations from the pension and the insurance
industry do consider the absolute level of interest rates, it is as much true
that a lot of the significant portfolio allocation decisions are either
long-term or structural given the large portfolio sizes. Therefore, lower
long-end yields in the developed markets provide India with an opportunity to
attract long-dated structural funding for mission-critical businesses and
infrastructure. The structural nature of portfolio allocations implies that if
attractive investment opportunities are found in India, then the capital being
invested does not necessarily face the risk of capital-flight even if interest
rates were to move significantly higher in the developed economies in the years
to come. Essentially, greater focus towards attracting investment inflows into
India which flow into the Indian economy due to structural low-interest rate
regimes allows India the leeway to attract higher-quality capital that is
focused on long-term returns. The single most significant focus for long-term
capital in India must be on the unlisted market and unlisted assets. The
greatest challenge for both investors and the government, for obvious reasons,
has been directing capital into the unlisted space. Structural changes sweeping
across the asset management industry globally such as the recent decision by
the California Public Employees' Retirement System (CalPERS) to approve two
internal private equity organisations is vital for India. CalPERS decision has
two significant ramifications. Firstly,
fee structures across the alternative asset management industry are being
questioned as investment returns have experienced downward pressure. The
pressure to generate higher yields in the face of higher asset management fees
also implies a search for greater-yield. A growing market such as India is an
obvious investment destination for such funds. Secondly, an institution such as
CalPERS with $354 billion under management will need large economies with a
relatively high threshold of minimum deal size to operate in.
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FEBRUARY TURNOVER DIPS IN COMMODITY BOURSES
Capital and commodity
market regulator SEBI’s decision to ban the top five commodity brokers from the
market and the ongoing investigation against another 295 brokers seem to have
started impacting the turnover on the commodity exchanges In February, the
turnover on MCX, the country’s largest commodity exchange, was down 11 per cent
at ₹5.40 lakh crore, against ₹6.09 lakh crore in
January. On the NCDEX, the agriculture-focused commodity exchange, the turnover
dipped 30 per cent to ₹29 lakh, against ₹41 lakh in January. MCX
spokesperson said the average daily turnover in February was higher at ₹27,023
crore, against ₹26,473 crore in January. And, so far in March, it is hovering
at ₹26,585 crore. Uttam Bagri, said the link between the fall in
the exchanges’ turnover and the ban on the five commodity brokers can be viewed
as a curious coincidence right now. However, if the trend sustains for some
months, the events could definitely be correlated, he added.
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SEBI BARS 12 WEBSITES FOR GIVING FRAUDULENT MARKET TIPS
Markets regulator
Securities and Exchange board of India (Sebi) has barred a dozen of websites
after receiving complaints from investors that certain investment advisory
portals cheated them. The order contains a list of websites including
·
trade4target.com,
·
niftysureshot.com,
·
mcxbhavishya.com,
·
callput.in,
·
newsbasedtips.com,
·
futuresandoption.com,
·
optiontips.in,
·
commoditytips.in,
·
sharetipslive.com,
·
thepremiumstocks.com,
·
callputoption.in and
·
tradingtipscomplaints.com.
According to Sebi, these
advisory firms were engaged in the business of fraudulent investment advisory
activity In a release, the markets regulator said, The modus operandi adopted
by these noticees shows that they were actually practicing prima facie
fraudulent investment advisory activity. From the findings of the examination,
it prima facie appears that the noticees were running a premeditated device,
plan or scheme where under, the gullible investors would be lured by the
unrealistic profit commitments on the websites and then money would be
extracted from them in the name of subscription fee and later, the persons
operating the websites would vanish. Such fraudulent plan, scheme, device were
used by the noticees several times through different websites, the release
said. Some of these websites also contained a link over a Sebi logo with the
word ‘approved’ below it, which contained the scanned copy of Sebi
registration. With an objective to lure investors, these websites were using
terms such as ‘zero loss’, ‘jackpot’, ‘rumour based’, ‘sureshot’, etc. in the
names of the packages offered in their websites and promise accuracy between
90-99 per cent. The subscription promises investors to get a daily message,
tips during live market hours and one-to-one customer support.
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BANKS AND BANKRUPTCIES
The decision by Jet
Airways’ lenders to infuse ₹1,500 crore into the beleaguered carrier gives stakeholders a
breather to explore turnaround options. However, the introduction of this
lifeline at this late stage, with the airline’s debt estimated at over ₹8,000
crore, gives rise to an obvious question: Do lenders generally wake up rather
late in the day? Lenders in recent times have been forced to come clean on the
extent of non-performing assets, but at the same time are equipped with powers
to proceed against defaulters. Regarding the first, the Asset Quality Review
process was initiated in 2015. This was soon followed up by an RBI ‘master
circular’ on red flagging accounts after identifying ‘early warning signals’
(EWS). The circular lists 45 EWS such as default in payment to statutory
bodies, income-tax related issues, frequent changes in scope of the project
being undertaken by the borrower, large number of transactions with
interconnected companies and significant rise in working capital borrowings,
among others. On the second aspect, the Insolvency and Bankruptcy Code is meant
to empower creditors, by achieving speedy and reasonable realisations. The IBC
is also meant to bring the ailing concern back on track as opposed to
liquidating it. In February 2018, the RBI issued a stern circular in banks’
favour, directing that an NPA account be resolved in 180 days or sent into the
IBC process. If bankers are still unable to proceed decisively, it is perhaps
because the new institutional order, while being a huge step forward in
allocating capital efficiently, brings its own uncertainties. It is not clear
whether lenders are acting along the lines of the May 2015 EWS circular, even
though the subsequent classification of accounts (Special Mention Accounts-1
and 2 for loans that are stressed) has brought about an element of
transparency. Questions of mismanagement are scarcely asked. That said, lenders
too face their own dilemmas. They are wary of dispatching a firm to the IBC,
fearing a huge haircut on their dues and the prospect of delays in resolution.
They would rather explore the revival prospects of a concern outside of IBC and
bet for a better recovery rate. This is despite the fact that the recovery rate
under IBC (nearly 50 per cent) is far better than its forbears such as debt
recovery tribunals, Lok Adalats and SARFAESI. The IBC, as a quasi-judicial
process, would spare banks of the vigilance risk that has come to accompany
major decisions. However, the IBC has come to be viewed as a liquidation rather
than revival agency not least because of its track record (79 revival plans
approved against 302 liquidations as on December 31, 2018). This bias should
change, so that the IBC wins the confidence of the lenders. Meanwhile, the RBI
should keep provisional restructuring plans handy, giving recoveries a chance
while punishing errant promoters.
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POST DEFAULT, DOT LENS ON RCOM-JIO SPECTRUM DEAL
The Department of Telecom
is scrutinising the spectrum-sharing deal between Reliance Communications
(RCom) and Reliance Jio Infocomm, after the Anil Ambani company defaulted on a
payment of Rs 21 crore towards instalment for spectrum in the Mumbai circle
earlier this month. DoT officials are of the view that airwaves in circles for
which there has been a default in payment can’t be shared or traded. Jio shares
RCom’s airwaves in the 850 MHz band in 21 circles, including Mumbai, and
scrapping airwaves could end up disrupting Jio’s services. But the matter could
be a long-drawn affair as it’s likely to be decided by the courts in the end,
said people familiar with the matter. In addition to the Mumbai circle, for which
it has missed the payment deadline RCom — weighed under a debt of Rs 46,000
crore — is due to pay Rs 281crore for eight circles and an additional Rs 492
crore for 13 circles next month. According to DoT officials, who did not want
to be identified, the government will be forced to take back spectrum from an
operator who does not pay the dues for a specific circle, irrespective of the
sharing agreements it has with any other telco. Spectrum is a national asset.
One cannot have it and not pay the dues. It does not matter if RCom is using it
or Jio. We need to get our dues or we (will) revoke the licence for that
spectrum, said an official.
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ICRA ESTIMATES PRICING UPTICKS TO DRIVE 6% ON-YEAR GROWTH IN
TELECOM SECTOR REVENUE IN FY20
The beleaguered telecoms
industry is likely to recover its stride by way of a modest pricing increase in
FY20, which in turn is slated to trigger some growth in sectoral revenue after
three successive years of decline, rating agency, ICRA said. We expect minor
improvements with (industry) revenues estimated to grow by 6% on-year and
operating income or `Ebitda’ by 20% on-year in FY20, driven by benefits of
higher data usage, and a relatively more consolidated and stabler industry
structure, resulting in some pricing discipline, Harsh Jagnani, said. Trends of
the last few months, he said, signal some recovery is in the offing with telco
ARPUs (average revenue per user) showing signs of stabilisation, and incumbent
operators – Bharti Airtel and Vodafone Idea -- looking for triggers of upward
movement by recently implementing minimum recharge plans. Jagnani, however,
said the envisaged sectoral revenue recovery in FY20 would still be
significantly lower than the peak of FY2016 level. According to him, telecom
industry revenues, which declined by 11% in FY18 to Rs 2.1 lakh-crore, is
estimated to further decline by 7% in FY19. Telecom industry Ebitda too , he
said, is estimated to reduce by 18% on-year in FY19, following a 21% erosion in
FY18 (Rs 49,000 crore). The rating agency, however, said telcos would be
bolstered by the planned deleveraging initiatives to the tune of Rs 0.9-1-lakh
crore. The anticipated deleveraging, if it materialises, can improve the
interest coverage to 1.4x and debt/EBITDA to 8x as on March 31, 2020, it added.
However, ICRA estimates the debt metrics of the telecom industry to remain weak
with interest coverage of 1.1x and debt/EBITDA of more than 11x as on March 31,
2019.
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CIBIL PUSHES BANKS FOR FASTER SUBMISSION OF CREDIT DATA
TransUnion Cibil is asking
lenders to submit monthly credit data of borrowers quicker, a top official at
the credit information bureau said. Lenders report credit data of their
borrowers to the bureau after every month. Currently, the data is submitted and
updated two weeks after the month end. We are working to make sure that the
data gets sent to us faster and we want to make sure that data comes to us
within a week of every month-end, instead of a fortnight at present, Harshala
Chandorkar, said. She said that by and large, every lender submits data on a
monthly basis and there are invariably some issues with the data set because
some credit accounts would have been missed from being updated by banks and
some also get rejected by the bureau because key input fields are missing. The
bank works on the rejected data and then sends it back to us, she said. In
2015, Reserve Bank of India (RBI) directed all banks and non-banking financial
companies (NBFCs) to become members of credit information companies (CICs) and
share all credit data with them. CICs maintain data on borrowings and payment
details on a monthly basis. This helps banks perform due diligence on borrowers
before granting them loans and also weigh default risks. The central bank had
also asked lenders to update credit information on a monthly basis or at
shorter intervals mutually agreed upon between the lender and the CIC. Chandorkar
said TransUnion Cibil has close to 4,000 institutions as members comprising
banks, NBFCs, housing finance companies (HFCs) and credit card companies and
covers over 99% of the lending in the regulated sector. These institutions
contribute information on all loans and facilities they have granted,
irrespective of the type or size of the loan. This gets refreshed every month
to show the repayment history, said Chandorkar. Cibil has information on
900-950 million individual credit accounts, including repayment history; it
also maintains information on 30-35 million non-individual credit accounts.
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FPIS INVEST RS 38,211 CRORE IN MARCH SO FAR
Foreign investors have
poured in a net amount of Rs 38,211 crore in the domestic capital markets in
March so far, mainly on account of improved global liquidity. In February, foreign
portfolio investors (FPIs) had put in a net amount of Rs 11,182 crore in the
capital markets - both debt and equity. Analysts attributed the increase in
infusion to a shift in stance on monetary policy outlook by various central
banks globally. According to depository data, foreign investors pumped in a net
sum of Rs 27,424 crore in equities, while the debt market saw a net infusion of
Rs 10,787 crore during March 1-22. Harsh Jain, the cooling of US-China trade
war and no hike in interest rates by the US Fed has made India attractive to
FPIs. Agencies
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NO SACRIFICE TOO BIG TO SAFEGUARD INTEREST OF JET AIRWAYS:
NARESH GOYAL
Naresh Goyal, who is
quitting as chairman of Jet Airways under a debt resolution plan, Monday said no
sacrifice is too big for him to safeguard the interest of the airline and the
families of its 22,000 employees. Goyal is also the founder of the full-service
airline, which has been operating for more than 25 years. No sacrifice is too
big for me to safeguard the interest of Jet Airways and the families of the
22,000 employees. For the sake of my family of 22,000 employees and their
respective families, I have today taken the step of stepping down from the
board of Jet Airways, he said in a statement issued by the airline. He became
chairman of the company in April 1992. My family is behind me and with me in
this decision and I hope you will support my decision too. I will miss you one
and all, Goyal said.
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EXPECT BUYER FOR JET AIRWAYS BY MAY 31, SAYS SBI CHAIRMAN
State Bank of India (SBI)
Monday said that it expects investors or buyer for the cash-strapped Jet
Airways by the end of May and promoter Naresh Goyal has option of increasing
his stake in the beleaguered airline to beyond 25 per cent in the future.
Consortium of lender led by the SBI has agreed to put in Rs 1,500 crore
immediate funding by acquiring 51 per cent stake in the company through issue
of Rs 11.4 crore fresh shares. As a result, the stake of promoter Naresh Goyal
will come down to 25 per cent from 50 per cent, while Abu Dhabi's Etihad
Airways, which had a 24 per cent stake in the carrier, came down to 12 per
cent. Bidding process to be initiated by lenders for sale to new investor(s),
the process expected to be completed in June quarter as per the resolution
plan. June is too late. My expectation is 31st May market is open for everyone
whosoever wants to come in. There will be expression of interest which will be
given by April 9 and binding bid by April 30, SBI Chairman Rajnish Kumar told. It
could be financial investor, it could be airline including Naresh Goyal himself
or Etihad. No body is barred from bidding or taking over the airline as per the
rule, he said.
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DELIST ATTACHED PROPERTIES OF DSK DEVELOPERS: MAHARERA TO
STATE GOVERNMENT
Shooting a letter to the
state government, Maharashtra Real Estate Regulatory Authority (MahaRERA)
recently pleaded the Home Department to delist the attached properties of DSK
Developers. Several projects of the group have been reeling for years. A group
of home buyers recently approached MahaRERA, requesting the projects of the
group be revoked The reason, the letter states, is to accelerate the unfinished
projects that have been reeling for years. MahaRERA informed the government
that approximately 2,000 home buyers will be benefitted once the projects are
passed on to a third party. The buyers have also said that they're looking for
developers who will take over the incomplete project and if not private
developers, following which MHADA will be roped in to complete the project. Over
170 home buyers — who had purchased DSK flats at Anandghan, Pune — informed
MahaRERA that key people managing the project have been arrested for economic
offences. Now, they want the authority to revoke the registration of the
project under section 7 of the Act and, under section 8 of the same Act, should
assign a third party to complete the project. Vasant Prabhu, has confirmed that
the letter has been sent to the Home Department. Honkarpe also claimed that in
the particular project, the home buyers had booked flats in December 2013 and
promised possession by December 2016. However, the current problem is that
about 45 per cent of work is done because it has being lying unattended for
last two-and-a-half years. They're now finding a developer and if that doesn't
work out, they want the government to ask MHADA to complete the project, he
said. Gautam Chaterjee, also said that the state government has provisionally
attached few lands and properties of DSK group. Keeping that in mind, the aim
of MahaRERA is finish the project and quickly hand over the homes to at least
2,000 allottees.
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DEVELOPERS' BODY URGES TELANGANA GOVERNMENT TO PREPARE NEW
PLAN FOR HYDERABAD
The Telangana Developers
Association (TDA) has urged the state government to prepare a new master plan
that suits the dynamics of the city especially keeping high growth of the city
and migration. The association also asked the government to exempt mortgage
rule to the buildings that were registered under Real Estate Regulatory
Authority (RERA). TDA president GV Rao said at the TDA annual meet on Sunday
that the development plan should give a new direction to suburban working and
living. The government should rectify errors in the earlier master plan which
include technical and human errors or some mismatches with ground realities.
Even some aspects are missing to make Hyderabad a global city. The government
should think on technology applications which were not available at the time
earlier master plan preparation like three dimensional surveys, the TDA chief
said. The TDA also suggested the planner should look into the high volumes of
vehicle growth and ensuring healthy living through pollution control and
environment protection. To control the density in core city, using different
planning tools and concepts like large townships in the metropolitan region and
beyond, he said. Since ORR growth corridor and grid roads rules hindering
growth of the city especially abutting the ORR, the TDA president suggested
some alternatives. Telangana chief secretary SK Joshi said the government was
working on introducing ‘Ease of Construction' on the lines of Ease Of Doing
Business (EODB) by implementing integrated application for various
infrastructure projects with a time frame. He said builders and developers need
not go to individual departments for clearances and No Objection Certificates
(NOC). The chief secretary said the government has began the exercise on new
master plan which was being prepared keeping special characters and
requirements of the city. The plan would cover the entire metropolitan areas up
to the proposed Regional Ring Road and it would have various sub-plans like
settlement plan and education hub. Joshi said pedestrian and transport
facilities would be given priority for the city while preparing the master
plan. cities which take care of pedestrians are the most caring cities and of
global standards, he said.
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FOR HOUSING FINANCE COMPANIES, FY20 LOOKS AS BAD AS FY19: ICRA
REPORT
The liquidity crisis has
crimped credit growth for housing finance companies (HFCs) and is unlikely to
improve much in FY20, even as the weak external environment will put a pressure
on asset quality, warns a report. HFCs are expected to report a 13-15% credit
growth in FY19, which will inch up to 14-16% in next fiscal year, ratings
agency Icra has said. Aggravating the difficulties will be a likely pressure on
the asset quality front due to the weak operating environment, Icra said. Discussions
with some HFCs reveals that their stock of repossessed assets has also
increased, due to the lower saleability of those assets leading to an elongated
recovery time, the report read. Gross non-performing assets (NPAs) of the home
loan segment will increase to up to 1.3% in the medium term from the present 1%
levels, the report stated. If we include project loans, their overall NPAs will
shoot up to 1.8% in the medium term from the present 1.4%, it said. The ongoing
troubles will result in a narrowing of margins and, accordingly, a moderation
of profit levels to 14% levels in FY19 from 18% in the year-ago period, Icra
said, adding it expects bottomline to be at the same levels in FY20 as well. It
can be noted that the housing finance sector has been considered as one of the
safest bets for financiers in the last few years, as the segment has been
largely resilient. According to the ratings agency, key factors to monitor from
credit quality perspective are home loans extended to borrowers where the
underlying projects have been significantly delayed and under-construction
properties sold by builders under subvention schemes or buyback/assured return
schemes, its vice-president Supreeta Nijjar said. Following the September 2018
liquidity crisis triggered by IL&FS, with a slowdown in the HFCs' credit
growth, banks have been quick to seize the opportunity, Icra said. The home
loans portfolio for HFCs and other NBFCs came down to 13% from 18% in the
year-ago period, while the overall housing credit outstanding growth also
narrowed down to 16% from 18%, it said.
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LIC, SBI, BOB, PNB SEEK MORE TIME TO PRUNE STAKE IN UTI AMC
K Ram Kumar Four large
shareholders of UTI Asset Management Company (UTI AMC) are hoping to get a
relaxation in the time-frame from the Securities and Exchange Board of India
(SEBI) for diluting their stakes in the mutual fund to 10 per cent each. State
Bank of India (SBI), Life Insurance Corporation of India (LIC), Bank of Baroda
(BOB) and Punjab National Bank (PNB) have to bring down their stake by March
31, according to the deadline set by the market regulator. They have made a
plea to the regulator for leeway on this front, sources said. They are
understood to have submitted a roadmap to bring down their stake in phases. The
four shareholders — each having 18.24 per cent stake in UTI AMC — fear that if
they try to sell 8.24 per cent each (collectively 32.96 per cent) in one-go,
they may not be able to realise the full value of their investment. Hence, they
are exploring the possibility of offloading their stakes in tranches. T Rowe
Price International Ltd has 26 per cent stake in UTI AMC. In accordance with
SEBI regulation on mutual funds, no sponsor of a mutual fund can directly or
indirectly have 10 per cent or more of the shareholding (cross-holding) or
voting rights in the AMC or the trustee company of any other mutual fund; also,
it cannot have representation on the board of the AMC or the trustee company of
any other mutual fund.
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ONLY 39% OF 79 LAKH PMAY HOMES BUILT SO FAR: REPORT
With only 39 per cent of
the homes sanctioned under the Pradhan Mantri Awas Yojana built so far,
completion of affordable housing projects under the PMAY has been slow,
according to an Anarock report on Sunday. Progress under the PMAY has been
slow. As of now, we're not looking at realistic completion of the targeted
number of homes. As per the Ministry of Housing and Urban Affairs, out of the
79 lakh homes sanctioned under the PMAY so far, only around 39 per cent have
either been completed or occupied, it said. The gap is too big to ignore, the
report said. On new properties in the market, the report said supply of new
housing units in the top seven cities in the country declined by 64 per cent in
the last five years from 5.45 lakh units in 2014 to 1.95 lakh units in 2018.
Housing sales also declined 28 per cent during the same period from 3.43 lakh
units in 2014 to 2.48 units last year, it said.
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GOVT'S PERFORMANCE BELOW EXPECTATIONS ON JOBS, HEALTH CARE,
AGRI: SURVEY
A voter survey by
non-governmental organisation Association for Democratic Reforms suggested
disappointment with the government’s performance on key issues, including jobs,
providing healthcare and drinking water. All top-three priorities had an
average rating of 2.15-2.55, indicating below average performance. Other
priorities include better roads and public transport, agricultural issues, and
law and order matters. The government fared poorly on these indicators as well.
The government’s performance score on the top-10 voters’ priorities is below
average. On Better Employment Opportunities, which is the topmost voters’
priority, the performance of the government has been rated as one of the worst
(2.15 out of 5), the survey said. ‘Better Employment Opportunities’ as their
biggest priority. A strong defence/military was a priority for 3.02 per cent of
rural voters, while terrorism got 3.34 per cent. The percentage of urban voters
who identified military issues and terrorism as key issues was 5.18 per cent
and 4.1 per cent, respectively. Voters rated the government’s handling of both
issues as below average. It is quite clear from the top-10 Voters’ Priorities
that Indian voters prioritise employment and basic amenities (healthcare,
drinking water, better roads, etc) above all governance issues (including
terrorism and strong defence/military), said the report.
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NARESH GOYAL EXITS CRISIS-HIT JET AIRWAYS BOARD BUT ROOM OPEN
FOR RETURN
Naresh Goyal’s reign at
Jet Airways, the company he founded 25 years ago, ended on Monday as he stepped
down as chairman of the board and transferred control to the lenders. The
consortium of lenders, led by the State Bank of India, will now own a 50 per
cent stake in the airline, while Goyal’s stake would be halved to 25.5 per
cent. Abu Dhabi-based Etihad Airways would shed its shareholding to 12 per cent
from 24 per cent earlier. The Jet board on Monday decided to allot 114 million
shares to the lenders upon conversion of one rupee of its outstanding Rs
8,000-odd-crore debt and accepted the resignation of Goyal, his wife Anita and
Etihad representative Kevin Knight. While former bureaucrat Ashok Chawla, who’s
an independent director at Jet, chaired the board as an interim arrangement,
Goyal joined the meeting through a video-conference from London, sources said.
It was also decided that lenders would provide Rs 1,500 crore in emergency
funding to the airline and would invite an expression of interest to find a new
investor on April 9. While Goyal has signed a binding agreement with the
lenders to reduce his shareholding to below 10 per cent once a new investor
comes in, he’s free to participate in the bid process. The banks hope to
conclude the deal by the end of May. A new chairman, possibly a banker, will be
announced soon till a new investor takes charge, according to a person close to
the development. But on Monday, some reports also said Air India Chairman
Ashwani Lohani was in race to head Jet in the interim. A senior public sector
bank executive said Goyal will pledge at least 16 per cent of his 25 per cent
stake. Without this condition prospective bidders would not look at this firm,
the executive said. The pledged 16 per cent stake of Goyal will also be
available in auction. Thus, in effect, about 67 per cent equity of the firm
will be available for prospective bidders for purchase. An interim management
committee has been created to manage and monitor daily operations and cash
flow, the airline said in a stock exchange notification. Goyal’s exit is on
expected lines. The next steps are more critical and this includes the amount
of equity infusion and quality of new board. It is critical to have a
world-class board led by a chairman with proven credentials. Key strategic
decisions are required now, said Kapil Kaul.
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NARESH GOYAL WRITES TO STAFF: IT'S NOT THE END OF JOURNEY, BUT
START OF A BRAND NEW CHAPTER
Jet Airways founder Naresh
Goyal, who along with his wife Anita, stepped down from the board Monday, said
the decision is not the end of the journey but the start of a brand new
chapter. Goyal has also resigned from the chairmanship of the 25-year-old
airline. In an emotionally-charged letter to the 22,000-strong employees, Goyal
also said the approval of the debt-recast plan will put the carrier on a
sounder and sustainable financial footing. After weeks of speculations over the
future of Jet, which has grounded over 80 planes due to financial woes, its
board Monday approved a resolution plan formulated by a consortium of lenders
led by SBI, who has now become the new owners of the airline with 51 percent
equity holding. I'd like to humbly and with immense love and gratitude, inform
you that both Anita and myself are stepping down from the board of Jet Airways
with immediate effect. Our airline stands poised to turn the page, ready to fly
out of the turbulence and soar into a bright new future, Goyal, who began his
aviation journey as a travel agent, said in the letter. We've not come to this
decision lightly but this is not the end of the journey, rather it is the start
of a brand new chapter, Goyal exuded confidence. He said he has seen the
airline growing from a fleet of just four aircraft flying to 12 routes in the
first year, to a peak fleet of 124 flying to over 550 destinations. This has
all been possible because of the tireless, unrelenting efforts of each and
every one of the employee, tight-knit members of the Jet Airways family, he
added. It has truly been a labour of love that Anita and I, together with all
of you have built collectively with our blood, toil and tears. Looking back I
wouldn't want to change a thing. Not the triumphs, nor the trials and
tribulations, challenges nor sweat equity, Goyal said. For the past 25 years,
Jet has been a way of life for Anita and me. Very few people are fortunate
enough to live their dreams and we have been truly blessed to be one among
those few, he said. I'd also like to take this moment, to acknowledge the
contribution of my wife, confidant and partner Anita without whom this journey
would just not have been possible, Goyal concluded.
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A NEW INVESTOR IS CRITICAL TO JET AIRWAYS’ FUTURE: CFO
The advent of a new
investor is critical to Jet Airways’ future and survival, its finance chief
said. For sure, Amit Agarwal said, when asked if the airline’s future depended
on a new buyer. He spoke in the first instance of a senior Jet executive
speaking on record on the situation at the airline and its future, since its
troubles started last year. The bidding process and search for a new investor,
slated to be implemented in the April-June quarter, cannot be impaired in any
manner, he added. Agarwal’s stress on a new investor would be critical in
ruling out speculation over current partner Etihad Airways or founder Naresh
Goyal making a comeback in the bidding process. Goyal stepped down as the
chairman and from the board on Monday. Etihad has communicated to Jet’s banks
that it wanted to exit the local airline. Agarwal, however, said the bidding
process would be nonrestrictive and both Goyal and Etihad could participate if
they wanted. As always, Etihad continues to work closely with lenders, Jet
management and key stakeholders to facilitate a solution for Jet Airways,
Etihad said. Jet’s lenders are taking over a majority (50.1%) of the airline
and plan to call for bids from prospective investors starting April 9. They aim
to wrap up the process by June-end. Many eyes in the industry are on Tata Sons,
the salt-to-software conglomerate that had initial discussions to buy a stake
in Jet but then stepped back at the behest of the board. Sources, including
people inside the conglomerate, said it was waiting for the right moment to
bid. One of its conditions for buying a stake was the exit of Goyal. The Tata
Group needs a network for Vistara, its 51:49 joint venture with Singapore
Airlines. It has a second airline, AirAsia India, with the eponymous Malaysian
low-fare carrier. Acquiring Jet Airways would give them a network that would,
in the current capacity-addition plan, would take no less than five years, said
an industry insider. A foreign carrier would need an Indian partner, as foreign
airline ownership cannot go beyond 49%. Finding a right Indian partner is the
trickiest part for a foreign airline, said a foreign airline executive, who did
not want to be identified.
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TO CURB FAKE NEWS, WHATSAPP SET TO ADD TWO NEW FEATURES
In a bid to curb fake
news, Facebook-owned company WhatsApp had introduced the ‘Forwarding’ feature
to sent forwarded message to others. Now the social-media giant is testing two
new updates to improve the message sending feature. WhatsApp is likely to add
two new features- Forwarding Info and Frequently Forwarded Both the features
are under development. The Forwarding Info feature is likely to release in the
next beta updates.
Forwarding Info
The Forwarding Info
feature will help people to know about how many times a message has been
forwarded or sent. One can get the idea about the information after visiting
the Message Info section of the WhatsApp.
Frequently Forwarded
As of now, when we forward
a message or a photo in WhatsApp, we get the label of forwarded above message
text. In a new feature, when a message gets forwarded for more than four times,
the WhatsApp will display the Frequently Forwarded label on the top of the
message. The freeware and cross-platform messaging app had put a global limit
on forwarded messages to five people. This was done to ensure users that what
they were reading or seeing, is not a composed one from their relatives, friend
but forwarded from someone else. The Forwarding Info and Frequently Forwarded
are likely to be a part of WhatsApp Android beta version 2.19.80.
#For Source of Information copy and paste the heading in google.
Thanks & Regards,
CS Meetesh Shiroya
Thanks & Regards,
CS Meetesh Shiroya
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