Saturday, 13 April 2019

CORPORATE UPDATES 13.04.2019






As per rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, “every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.Provided that every individual who has already been allotted a Director Identification Number (DIN) asat 31st March, 2018, shall submit e-formDIR-3 KYC on orbefore5th October,2018.” However, the DIR-3 KYC e-form presently available on the portal does not cater for the following:(i)Filing on annual basis, and (ii)Filing in respect of DINs allotted post 31 March 2018. It presently caters only to those individuals who were allotted DINs as on 31stMarch 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’.Stakeholders may please note that DIN holders are requiredtofile the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system. With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.The revised form, which will be shortly deployed, can be filed without anyfee within a period of 30 days from the date of deployment. Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements
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RBI TO SEEK EC NOD FOR REPLACING QUASHED FEB 12 CIRCULAR WITH NEW GUIDELINES

The Reserve Bank of India (RBI) might reach out to the Election Commission (EC) before releasing its new set of guidelines to banks that would replace its February 12 circular that the Supreme Court quashed last week. The new set of guidelines will come into operation soon. The matter pertaining to the issuing a circular does not relate to elections in any way. But the Election Commission does have a remit over any new announcement. The RBI, therefore, will seek the EC’s permission before issuing the new circular, a senior government official told. Earlier circular, previous restructuring programmes like Sustainable Structuring of Stressed Assets or S4A may be brought back. S4A was the one that was operational before the February 12 circular was issued. So technically that's the one that should get implemented. But let's see what the RBI says, the official quoted above said.
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OUR BANKRUPTCY CODE IS WORLD-CLASS

The endeavour of every nation is to continuously improve business regulation to make it easier to do business. The World Bank conducts an annual examination to gauge the ‘Ease of Doing Business’ in nearly 200 economies and ranks them on ten sets of parameters, which include ‘Resolving Insolvency’. India ranked 142nd in ‘Ease of Doing Business’ for 2015. In terms of resolving insolvency, the country ranked 137th. The government set an ambitious target of breaking into the top 50 on this index, and initiated a plethora of institutional reforms, including an overhaul of the insolvency framework. After four years, India ranks 77th, up by 65 places, in the aggregate rankings, and 108th on ‘Resolving insolvency’. The Indian insolvency regime has many welcome features. Its primary focus is revival of an ailing firm, while recovery by creditors is an incidental outcome. The World Bank methodology, however, captures the incidental outcome. Secured creditors have absolute priority over other claims in insolvency (liquidation) proceedings. ‘Getting credit’, instead of ‘Resolving insolvency’ parameter captures this feature. The ongoing annual examination of the World Bank measures the perception of stakeholders in respect of insolvency parameter on two indicators, namely, recovery rate and the strength of insolvency framework, as at end-December 2018. The recovery rate is a function of time, cost and outcome of insolvency proceedings. In addition to reviving ailing firms, the insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (Code) have returned 210 per cent of liquidation value for creditors. They are realising on an average 48 per cent of their claims through reorganisation, as compared to the erstwhile regime which recovered 26 per cent. The Code provides a timeline of 180 days to conclude a corporate insolvency resolution process (CIRP), extendable by a one-time extension up to 90 days. Probably, no other regime in the world mandates a time-bound resolution. This push has meant that proceedings under the Code take on average about 300 days, including time spent on litigation, in contrast with the previous regime where processes took about 4.3 years. The insolvency resolution process cost, which includes fee of insolvency practitioner and other professionals, and expenses related to meetings of committee of creditors (CoC), public announcements, filings and litigations, etc., have been 0.5 per cent of the realisation by the creditors in contrast with a cost of 9 per cent under the previous insolvency framework. Given the significant reduction in cost and time of insolvency proceedings the Code has become the preferred mode for insolvency resolution of a defaulting firm. This explains why about 15,000 applications were filed with the Adjudicating Authority for initiation of CIRP during the last two years. There are thousands of instances where debtors have settled their debts immediately on filing of an application for initiation of CIRP, but before it was admitted. There are settlements after admission of an application also. With realisation of 48 per cent of claims through reorganisations coupled with pre-admission and post-admission settlements, the Code has proved to be an efficacious remedy even for loan recovery. With the Code in place, the defaulter’s paradise is lost. The strength of an insolvency framework is a function of four indices relating to commencement of proceedings, management of a firm’s assets, reorganisation proceedings, and creditor participation. A threshold amount of default entitles a stakeholder — a financial creditor, an operational creditor or the debtor itself — to commence CIRP of the firm. A stakeholder files an application for commencement of CIRP which may end up either with reorganisation of the firm as a going concern or liquidation of the firm. The Code does not envisage separate applications or processes for reorganisation and liquidation. As regards management of a firm’s assets, the Code facilitates continued operations of the firm during CIRP. An insolvency practitioner manages the affairs of the firm as a going concern and protects and preserves the value of its property. He may discontinue overly burdensome contracts and file applications with the Adjudicating Authority for avoidance of vulnerable transactions. He may also raise interim finance to carry on the business of the firm. The interim finance and the cost incurred in raising such finance is included in the insolvency resolution process cost, which gets priority over all other claims in the insolvency proceeding. The Code prohibits discontinuation of supply of essential goods and services to the firm during CIRP. The Code envisages a resolution plan for reorganisation of a defaulting firm. The identification and approval of the best resolution plan require two abilities, namely, the ability to restructure the liabilities and the ability to take commercial decisions. In view of their abilities, the CoC typically comprises financial creditors. Where there is no financial creditor, it comprises operational creditors. Irrespective of the composition of the CoC, other stakeholders have a right to receive the agenda and participate in the meetings of the CoC and the claims of all creditors, who are not part of CoC, are also met through reorganisation. In sync with the objectives of the Code, a resolution plan is required to balance the interests of all stakeholders and dissenting creditors and assenting creditors get similar treatment. The CoC takes major decisions on behalf of the firm under CIRP. It appoints the insolvency practitioner to run the operations of the firm as a going concern and run the process as well. Any creditor may seek any information about the firm’s business and financial affairs from the insolvency practitioner. Any creditor may contest the decision of the insolvency practitioner accepting or rejecting its own claims or claims of other creditors. Though the Code does not envisage sale of assets of the firm during CIRP in view of its focus on revival, it allows limited sale under stringent conditions, with prior approval of the CoC. It is a matter of satisfaction that within two years of the enactment of the Code, the Indian insolvency regime has all the essential elements and practices that any mature insolvency regime ought to have. Not surprisingly, it bagged the award for the ‘Most Improved Jurisdiction’ for 2018 from the Global Restructuring Review. Hopefully, it will also pass with flying colours in the ongoing examination of the World Bank.
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IN 5 YEARS, MSME LOANS JUMP 2.5 TIMES, NPAS MOVE UP TOO

The outstanding loans of Indian lenders to the micro, small and medium enterprises (MSMEs) expanded two-and-a-half times in five years through 2018, credit information company TransUnion CIBIL said, while also warning about debt build-ups leading to possible stress in the quality of assets. While the outstanding credit to MSMEs grew to Rs 25.2 lakh crore at the end of 2018 from Rs 10.4 lakh crore in 2013 at a compound growth rate of 19.6 per cent, the consolidated non-performing assets (NPAs) in the sector increased to 9 per cent from 7.3 per cent, CIBIL said in a report, published in association with Small Industries Development Bank of India (Sidbi). We have observed significant acceleration in lending in the past couple of years, but growth of this magnitude needs to be monitored carefully as rapid acceleration in debt build-up may indicate prospective stress in the system, TransUnion CIBIL managing director Satish Pillai said. While lenders should monitor their portfolios constantly for loan stacking, leverage and debt build-up, the regulators must keep systemic risks under check. In the reported period, while public sector banks remained the largest lending group to the segment, their loan exposure fell to 39 per cent from 58 per cent as the central bank imposed lending restrictions on several banks that were saddled with bad debt. CIBIL, in the report, said relaxation on the use of trade credit data from regulated bill discounting platform TReDS for credit scoring could help improve underwriting standards for banks, while also helping MSME businesses and individuals get better-priced loans. India’s commercial credit growth remained strong at 14.4 per cent year-on-year in the December quarter, taking the overall outstanding credit to Rs 111 lakh crore, driven by loan growth of 14.9 per cent to large companies, the report said.
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NCLT STAYS INSOLVENCY WITHDRAWAL ORDER OF STERLING SEZ & INFRASTRUCTURE

The National Company Law Tribunal (NCLT) on Friday stayed its previous order allowing the withdrawal of insolvency plea against Sterling SEZ and Infrastructure at the behest of the Ministry of Corporate Affairs (MCA), as promoters — Nitin and Chetan Sandesara — are absconding. The MCA said Section 12A of the Insolvency and Bankruptcy Code (IBC) was not applicable to an absconder The Enforcement Directorate (ED) is seeking to declare the promoters as fugitive offenders under the Fugitive Economic Offenders Act in a Delhi court. Senior counsel Sanjay Shorey represented the MCA. The section states an application can be withdrawn by the NCLT if 90 per cent of the committee of creditors (CoC) approves of it.
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BAD LOANS: 80 PER CENT OF WRITE OFFS IN DECADE CAME IN LAST FIVE YEARS

With the government stepping in time and again to bail out banks by recapitalising them with taxpayer money, banks have stepped up writeoffs of loans taken by rogue borrowers. They wrote off a whopping Rs 1,56,702 crore of non-performing loans during the nine-month ended December 2018, taking the total loan writeoff to over Rs 7,00,000 crore in the last 10 years, according to figures revealed by the Reserve Bank of India (RBI). Bulk of the writeoffs, or almost four-fifth of the total amount written off in the last 10 years, have accrued in the last five years since April 2014. The RBI revealed that the total loan written off in the last five years since April 2014 amounted to Rs 5,55,603 crore. Eager to show lower bad loans, banks wrote off Rs 1,08,374 crore in 2016-17 and Rs 161,328 crore in 2017-18. In the first six months of 2018-19, they wrote off Rs 82,799 crore. The quantum of writeoff zoomed to Rs 64,000 crore in the October-December 2018 quarter. Banking sources said very little is known about the identity of the borrowers and the amount written off in the case of individual borrowers. While banks claim that the recovery measures continue even after loans are written off, sources said not more than 15-20 per cent is recovered and the writeoff figures every year are rising, much faster than recoveries and recapitalisation. Banks are required to extinguish all available means of recovery before writing off any account fully or partly. It is observed that some banks are resorting to technical writeoff of accounts, which reduces incentives to recover. Banks resorting to partial and technical writeoffs should not show the remaining part of the loan as standard asset, the RBI had said in an earlier circular to banks. The amount of technical writeoff is required to be certified by statutory auditors. The central bank had explained that writing off NPAs is a regular exercise carried. A substantial portion of this writeoff is, however, technical in nature. It is primarily intended at cleansing the balance sheet and achieving taxation efficiency. In ‘Technically Written Off’ ‘ accounts, loans are written off from the books at the Head Office, without foregoing the right to recovery. Further, writeoffs are generally carried out against accumulated provisions made for such loans. Once recovered, the provisions made for those loans flow back into the profit and loss account of banks, the RBI had said in an explanatory note. But neither the banking sector nor the RBI discloses the identity of borrowers whose loans are written off by banks. I have nothing against writeoff but it’s to be done scarcely and within a policy with all efforts to recover the money. Any asset which is backed by tangible asset is never written off. You must be subject to scrutiny for these writeoffs. There must be a policy. You ask any banker. They have written off Vijay Mallya’s loan. Then how are they going to recover that money? All I am saying is that write off the loan as per policy but that has to be done by somebody who is authorised to do it. Use it sparingly and do it where essential. If there’s an asset, why are you writing it off? a former RBI official said.
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IL&FS CASE: FORMER MD & CEO RAMESH BAWA ARRESTED

The Serious Fraud Investigation Office (SFIO) arrested former IL&FS Financial Services (IFIN) MD & CEO, Ramesh Bawa in the case. This is the second arrest made by the investigation arm of the Ministry of Corporate Affairs (MCA). According to a source, Bawa was arrested late last night in Delhi. This, after the Supreme Court (SC) recently refused to extend relief of granting him protection from arrest. Like Sankaran, Bawa too has been arrested under section 447 of the Companies Act that empowers the agency to make an arrest for committing fraud.
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SFIO SUMMONS OFFICIALS OF DELOITTE HASKINS OVER WHISTLEBLOWER CHARGES

The Serious Fraud Investigation Office (SFIO) has summoned executives of Deloitte Haskins & Sells, the auditing arm of Deloitte Touche Tohmatsu, following allegation by a ‘whistleblower’ that the firm had helped fudge the accounts of IL&FS Financial Services. While a partner of the firm was quizzed on Friday, another audit partner has been asked to make himself available to join the probe, an official in the know told. The allegation levelled in the complaint is being studied. Explanation will be sought from all parties concerned before concluding if the claims made are genuine or misguided, said the official. As you are aware, there are several ongoing investigations by regulators and agencies. Such agencies are in contact with us being the previous auditors, a Deloitte spokesperson said. We have provided full support to their investigations and will continue to do so. The agency has also quizzed other audit and consultancy firms engaged by the IL&FS group. SFIO, the investigation arm of the Ministry of Corporate Affairs, had in November submitted an interim report detailing the alleged irregularities surrounding IL&FS. It had then recommended the government to put restrictions on transactions by some key managerial people at the infrastructure group. It is now close to completing the final report, people in the know said.
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SC ORDER ON RBI CIRCULAR: A TEMPORARY RELIEF

The Supreme Court (SC) order on the Reserve Bank of India (RBI) circular is certainly a temporary reprieve for the stressed power sector. The SC order effectively postponed the immediacy of potential liquidation of the stressed power assets, should they have gone to the National Company Law Tribunal (NCLT). As the power sector is structurally distorted and stymied due to a dysfunctional distribution system and compounded by systemic regulatory problems around tariffs, power purchase agreements (PPAs) and fuel supply agreement tie-ins, bankruptcy would have likely resulted in large-scale destruction of value and minimal recoveries for the banks. This would have likely had a big impact on the future stability of the power sector in a growing economy like India. The fundamental problem of the stressed power sector, however, remains. Such market failures need to be first corrected through government intervention and policy before bankruptcy resolution can be applied successfully. Restoring the power ecosystem and functioning power markets is the first call of the day today. Interim arrangements such as warehousing of gencos or asset pooling can be looked at till the power ecosystem is reasonably restored. So, what kind of impact will the order have on the banking industry? On one hand, there is likely to be an effect of ever-greening of loans because the banks got a little bit of tailwind to kick the can down the road a bit. That is perhaps salubrious for the banks though at this stage because if the power assets had gone to bankruptcy and into likely liquidation the recoveries to the banks would have been minimal. This could have triggered a further need for recapitalisation due to the large ticket size of these assets. The fiscal deficit effect due to this also would have been non-trivial. If the sector is given time and the underlying systems reasonably reformed through policy intervention, the value of these assets will increase and also alternative out-of-court arrangements and investments can emerge leading to better eventual recoveries for banks. However, not much impact is likely to be on the pace of resolution of stressed assets. The bankruptcy system is quickly getting institutionalised as a mechanism for resolution -- certainly through the court system, but also as an out of court instrument by acting as a credible threat. However, any bankruptcy system generally works in functioning market systems. Unlike the power sector, the stressed assets in functioning markets like steel, cement etc, will lead to reasonable value in use and hence better recoveries, which is an incentive to get better recoveries either through the NCLT process or through alternative mechanisms using the threat of bankruptcy. As long as the threat of bankruptcy and NCLT is credible and real, both the banks and the promoters will now seek to figure out out-of-court settlements or pre-packaged bankruptcies. This is mostly independent of the SC judgement. The NCLT process, while effective, is expensive, lengthy, and burdensome for both the debtors and debtee. Hence, any logical and rational firm or financial institution would try to find out less expensive and pragmatic win-win settlements outside the premises of the NCLT.
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BIMAL JALAN PANEL TO DECIDE RBI’S SURPLUS RESERVES MISSES DEADLINE

The Bimal Jalan committee, set up to decide the Reserve Bank of India (RBI)’s economic capital framework, has missed its 90-day deadline to submit the report The first meeting of the committee was on 8 January. Sources said the panel report, which will quantify the desirable level of reserves to be held by the central bank, is expected to be finalised only by the end of May and will be submitted after the elections. We are yet to finalise the report, we are working on it. We will hold another meeting next month, Jalan, chairman of the six-member committee and former RBI governor, told, without divulging any details. Sources said formulating the reserve ratio has not been easy for the committee, with members including Mohan and Vishwanathan not being in favour of transferring a significant portion of money to the government. Some central bank insiders have been opposing any move to transfer larger sums of reserves to the government.
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1,400 TOP COMPANIES IN INDIA HIT BY IL&FS PANDEMIC

A hapless government slap bang in the middle of getting re-elected needs to be prepared for a harsh backlash in the eventuality that it returns to power. As of now, it appears that Prime Minister Narendra Modi should return to power, albeit short of a simple majority on his own. A vast multitude of white and blue collar salaried employees will be waiting to ask challenging questions of the new government. The Infrastructure Leasing and Financial Services (IL&FS) contagion is now a full blown pandemic as IANS has been reporting extensively. But the extent of the malaise finally has a fix and the numbers are staggering. As many as 1,400 entities of all hues across the length and breadth of the country have a total exposure of a staggering Rs 9,700 crore with lakhs of employee provident and pension funds stuck in a lemon called toxic IL&FS bonds. This has been revealed by the supplementary affidavit submitted on behalf of the appellants on April 8 before the National Company Law Tribunal (NCLAT). The exposure is spread over different IL&FS entities -- IFIN which is the bulk with 970 companies followed by ITNL and lastly HREL. The list is a veritable who's who of India Inc -- PSU heavy hitters and a wide variety of corporates and entities like Army Group Insurance Fund and many more. Suffice to say that working class savings are involved and while the matter is with NCLAT, there is no way that IL&FS or the government is in a position to return this money since the companies involved have gone belly up. Moreover, the bonds in question had a 'AAA' rating till September 2018 before the company came under the bus. It is a piquant situation and with a new dispensation on its way on Raisina Hill which may well be the BJP in a new avatar with a stronger coalition element, pertinent questions will be asked. Fully understanding the nature of the brewing crisis, the NCLAT on the same day categorically ordered a move to protect the investments of pension and provident funds details of the investment of such funds in amber companies of the debt laden IL&FS. The tribunal which meets again on April 16 may well be keen to release at least some of these payments that are due to the employee provident and pension funds.
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NINE STATES TO RAISE RS 9,800 CRORE THROUGH AUCTION OF SECURITIES ON APRIL 15: RBI

Nine state governments, including Maharashtra, Rajasthan and Tamil Nadu, will raise Rs 9,800 crore by selling securities on April 15, the Reserve Bank said Thursday. The auction will be conducted on the Reserve Bank of India Core Banking Solution (E-Kuber) system, it added. State Governments have offered to sell securities by way of auction for an aggregate amount of Rs 9,800 crore (Face Value), the central bank said in a notification. Tamil Nadu, Rajasthan, and Maharashtra would auction securities worth Rs 2,000 crore each, followed by Telangana (Rs 1,500 crore) and Gujarat (Rs 1,000 crore). Punjab would be selling securities of Rs 600 crore and Kerala Rs 500 crore. Goa and Nagaland plan to raise Rs 100 crore each. The Reserve Bank further said it will determine the maximum yield/minimum price at which bids will be accepted. Securities will be issued for a minimum nominal amount of Rs 10,000 and multiples of Rs 10,000 thereafter. The state government securities will bear interest at the rates determined by RBI at the auctions. For the new securities, interest will be paid half yearly on October 16 and April 16 of each year till maturity.
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INDIA BANKS' LOANS JUMP 13.2 PCT Y/Y IN TWO WEEKS TO MARCH 29: RBI

Loans of Indian banks jumped 13.2 percent year-on-year, in the two weeks ended March 29, while deposits rose 10 percent, the Reserve Bank of India's weekly statistical supplement showed on Friday. Outstanding loans rose 2.14 trillion rupees ($30.96 billion) to 97.67 trillion rupees in the two weeks ended March 29. Non-food credit surged 2.25 trillion rupees to 97.26 trillion rupees, while food credit dived 110.6 billion rupees to 416.1 billion rupees. Bank deposits climbed 3.46 trillion rupees to 125.73 trillion rupees in the two weeks ended March 29.
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PHARMA FIRM’S EX-CEO SETTLES INSIDER TRADING

A former chief executive officer of a subsidiary of Sun Pharmaceutical Industries, along with his wife, has settled an insider trading matter with the Securities and Exchange Board of India (SEBI), after the regulator found that the couple allegedly traded in the shares of Ranbaxy Laboratories based on unpublished price sensitive information. The capital markets regulator sent a show-cause notice in August 2017 to Abhay Gandhi and his wife Kiran Gandhi, after it found that the duo had bought a total of 7,224 shares of Ranbaxy Laboratories between February and March 2014 and sold the shares in April 2014. The share transactions happened at a time when Sun Pharma was in the midst of talks with Daiichi Sankyo Company to acquire Ranbaxy Laboratories. Daiichi was the promoter of Ranbaxy Laboratories. Further, Daiichi agreed to the sale of Ranbaxy Laboratories in February, but the information was made public only in April. At the time of the share purchase, Mr. Gandhi was the CEO of Sun Pharmaceutical Laboratories, a wholly-owned subsidiary of Sun Pharmaceuticals, and hence an insider as per SEBI regulations. While Mr. Gandhi purchased 454 shares, his wife bought 6,770 shares in three tranches. Mr. Gandhi is currently the CEO of Sun Pharma’s north America business. Meanwhile, the cases have been settled with the couple paying a total settlement charge of 70.13 lakh - 35.06 lakh each.
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HIMACHAL FUTURISTIC COMMUNICATIONS EX-DIRECTOR SETTLES GDR MANIPULATION PROBE WITH SEBI

Himachal Futuristic Communications former director Vinay Maloo has settled a probe with Sebi in a matter related to alleged manipulation in issuance of global depository receipts by paying Rs 1.36 crore towards settlement charges. Maloo was the director of HPCL during the time of alleged violation, and the regulator had initiated adjudication proceedings against him in June 2018. Himachal Futuristic Communications Ltd (HFCL) had issued global depository receipts (GDRs) amounting to USD 50 million in September 2002. Out of this, GDRs worth USD 46.5 million were subscribed by only one entity, Roker Securities Inc. The subscription amount for GDRs was paid by Roker Securities after securing a loan from Lisbon-based bank Banco Efisa. However, it is alleged that the firm had pledged the GDR proceeds to the bank against the loan given to Roker for subscription of GDR issue, Sebi said. While the proceedings were pending, Maloo filed an application under settlement mechanism and proposed to pay Rs 1.36 crore without admission or denying of guilt. The settlement amount proposed was approved by a panel of board's whole-time members, the Securities and Exchange Board of India (Sebi) said in an order dated April 11. Accordingly, the proceedings initiated against Maloo for the alleged default are settled, Sebi said.
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SEBI SEEKS DETAILS FROM KOTAK AMC, HDFC AMC OVER FMP WOES

The Securities and Exchange Board of India (Sebi) has asked Kotak Asset Management Co. Ltd to clarify under what provisions of the existing rules it has held back redemption of fixed maturity plans (FMPs), two people familiar with the development said. Sebi wrote to both Kotak AMC and HDFC Asset Management Co. Ltd late on Thursday with questions on the FMPs. Two Essel Group companies, Konti Infrapower and Multiventures Pvt. Ltd and Edisons Utility Works Pvt. Ltd, failed to repay in full the investment of the FMPs. This led to Kotak AMC to hold back part of the payments that were due to mature on 8 April. HDFC AMC, ahead of the maturity date of 15 April, decided to roll over the FMPs that held the Essel paper by more than a year. HDFC AMC needs the consent of at least 75% of its investors before it can roll over the FMP. Till Friday evening the status of consent from investors was not clear. Sebi has asked Kotak AMC under what provision did it stop part redemption in one of its FMP, said one of the two people mentioned above. The market regulator also wrote to HDFC AMC on Thursday seeking answers on its FMP maturing on 15 April. Sebi has sought (to know) from HDFC AMC what happens if it does not get 100% consent from investors to roll over the FMP. How will the deal with Essel impact the FMP payment to the rest of the investors who may not consent? The majority of investors are believed to have consented to the rollover, said the second person.
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MORE BANK MERGERS CAN SPUR EFFICIENCY, RBI RESEARCHERS SAY

More consolidation in India’s struggling banking sector will help lenders lower costs and efficiently scale their operations, said researchers at the Reserve Bank of India. Labor cost efficiency, or output per employee, moderated across the sector between 2005-2018, according to the recently published paper. The authors added that state-run banks fared better than private rivals on this metric because they slowed hiring and adopted technology, while larger banks reaped the benefits of scale. This finding provides an additional rationale for recent mergers of banks, both amongst public and private sector banks, and suggests that further avenues of consolidation in the banking sphere may be explored, they wrote. Mergers and bailouts have become a key policy tool in India, as lenders try to clean up one of the world’s biggest piles of bad loans after a credit spree went sour. State-run Bank of Baroda became the third-largest lender after it was merged with Dena Bank and Vijaya Bank earlier this month. Insurance giant, the Life Insurance Corporation of India, has also taken over IDBI Bank Ltd. as authorities threw a lifeline to the struggling lender. The overhang of bad debts is driving up the cost of capital and pushing the central bank, which is also the banking regulator, and the government, which owns state-run banks, to opt for mergers. The paper finds that while India had 19 cost efficient banks in 2005, this number fell as low as 12 before recovering slightly to 14 by the end of 2018.
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TCS Q4 PROFIT JUMPS 18% TO 8,126 CRORE

The country's largest software services firm Tata Consultancy Services (TCS) reported a 17.7% growth in consolidated net profit at 8,126 crore for the March 2019 quarter. This is against a net profit of 6,904 crore in the year-ago period, TCS said in a regulatory filing. Revenue of the city-based firm grew 18.5% in the quarter under review to 38,010 crore from 32,075 crore in the corresponding period last fiscal, it added. For the full year (2018-19), net profit was higher by 21.9% at 31,472 crore, while revenue increased 19% to 1,46,463 crore. This is the strongest revenue growth that we have had in the last fifteen quarters. Our order book is bigger than in the prior three quarters, and the deal pipeline is also robust. Despite macro uncertainties ahead, our strong exit positions us very well for the new fiscal, Rajesh Gopinathan, chief executive officer and managing director at TCS, said. TCS Board has recommended a final dividend of 18 per equity share.
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INFOSYS Q4 NET UP 10.5% AT RS 4,078 CR

IT major Infosys on Friday reported 10.5 per cent growth in consolidated net profit at Rs 4,078 crore for the March 2019 quarter as against Rs 3,690 crore a year ago. Revenue of the city-based firm grew 19.1 per cent to Rs 21,539 crore in the quarter under review from Rs 18,083 crore in the corresponding period last fiscal, Infosys said in a BSE filing. The country’s second-largest software services firm expects its topline to grow 7.5 - 9.5 per cent in FY2019-20 in constant currency terms. For the full financial year, Infosys’ net profit declined by 3.9 per cent to Rs 15,410 crore, while revenue increased 17.2 per cent to Rs 82,675 crore. Our planned investments have started yielding benefits. As we look ahead into fiscal 2020, we plan to deploy various measures of operational efficiencies across the business, Infosys CEO and Managing Director Salil Parekh said. He termed the results as strong on multiple dimensions including revenue growth, performance of digital portfolio, large deals and client metrics. In US dollars, Infosys saw its net profit growing 1.7 per cent to $ 581 million in the March 2019 quarter from $ 571 million in the year-ago period, while revenues rose 9.1 per cent to $ 3.06 billion from $ 2.8 billion a year ago. For 2018-19, profit declined 11.5 per cent to $ 2.2 billion, while revenues grew 7.9 per cent to $ 11.7 billion. For the financial year 2019, the company’s board has recommended a final dividend of Rs 10.50 per share. After including the interim dividend of Rs 7 per share, the total dividend for the fiscal will amount to Rs 17.50 per share, it said.
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FOREX RESERVES SWELL BY USD 1.87 BN TO USD 413.8 BN

The country's foreign exchange reserves rose by USD 1.876 billion to USD 413.781 billion in the week to April 5, aided by a rise in foreign currency assets, Reserve Bank data showed Friday. In the reporting week, foreign currency assets -- a major component of the overall reserves -- rose by USD 2.062 billion to USD 386.116 billion. Gold reserves, which remained unchanged in the previous week, declined by USD 182.6 million to USD 23.225 billion, the data showed. The special drawing rights with the International Monetary Fund dipped by USD 1.2 million to USD 1.455 billion. The country's reserve position with the Fund too slipped by USD 2.5 million to USD 2.983 billion, the apex bank said.
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GOLD PRICES DECLINE RS 170 ON MUTED DEMAND

Gold prices Friday fell Rs 170 to Rs 32,850 per 10 gram, registering its second day of decline due to subdued domestic demand, according to the All India Sarafa Association. Silver also followed gold by declining Rs 350 to Rs 38,200 per kg on decreased offtake by industrial units and coin makers.
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GOVT ACTION IS KEY TO TELECOM PSUS’ SURVIVAL

Once the jewels of India's telecom story, state-run telecom firms BSNL and MTNL are struggling to meet their day-to-day expenses, including the main cost of their employees, which run into huge numbers compared to their private sector peers. The hyper-competitive intensity in the telecom sector has changed the dynamics and overall structure of the industry. From 12 players, the industry is now reduced to three private players along with BSNL/MTNL. The public sector telecom firms' woes mainly stem from the fact that they were unable to shed the employee flab, despite rapid changes in technologies that made the work profile of many of its people redundant. Besides their unwillingness to adjust with the changing times, where a quick response to the customers became a norm, lack of network expansion also needs to be blamed. Both the companies are incurring losses since 2009-10. The mounting problems have not occurred overnight. The government was well aware of the difficulties. The proposal for voluntary retirement scheme (VRS) and a possible merger between the two has been hanging fire for the last seven-eight years. A VRS scheme – around Rs 8,000 crore for both -- will be critical to the functioning of both as employee expenditure stands at around 99% of revenues of MTNL and 50-55% of revenues of BSNL. The PSUs also lag their peers in 4G services despite mobile users latching on to the new technology rapidly. Both the firms do not have any 4G spectrum and are awaiting government nod for allotment via an equity infusion. This would mean another Rs 12,000-13,000 crore infusion of funds for both firms through bonds. Unless immediate corrective steps are taken, the survival of both PSUs is a big question mark. It remains to be seen whether the new government will be willing to pump a huge amount of funds for their revival, without any returns.
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WITH 20 IN FRAY, RATAN TATA-LED COMMITTEE TO PICK CEO FOR TATA TRUSTS

Twenty professionals, both from within the country and abroad, are in the race for the position of chief executive officer (CEO) of Tata Trusts, which own 66% of $110.7 billion salt-to-software Tata Group. A committee headed by Ratan Tata will be in discussions with the identified individuals, over the next fortnight, to identify the right candidate for the post of Tata Trusts CEO, said a person in the know of the development, without elaborating further. A committee of trustees comprising Mr. Tata, chairman of the trusts, and Vijay Singh and Venu Srinivasan, vice-chairmen of the trusts, has been overseeing the operations after R. Venkataramanan relinquished responsibility as the managing trustee of the Tata Trusts on March 31, 2019. The committee is likely to select a chief executive for the trusts by early next month.
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IMF CHIEF GLOBAL GROWTH SLOWING AND MANY COUNTRIES STRUGGLING WITH HIGH DEBTS

With global growth slowing and many countries struggling with high debts now is not the time for the self-inflicted economic wound of trade wars, the head of the International Monetary Fund is warning. The key is to avoid the wrong policies, and this is especially the case for trade, Christine Lagarde said. We need to avoid self-inflicted wounds, including tariffs and other barriers. A key guideline for policymakers at this delicate time, she said, should be- Do no harm. Ms. Lagarde didn’t specifically mention a year-long standoff between the United States and China, but she didn’t have to- The world’s two biggest economies have slapped tariffs on $350 billion worth of each other’s products in the biggest trade war since the 1930s. They are fighting over Beijing’s drive to challenge American technological dominance an effort the U.S. says involves stealing technology and coercing U.S. companies into handing over trade secrets in exchange for access to the Chinese market. The trade tensions are coming at an especially bad time. The outlook for the global economy has deteriorated. A year ago, Lagarde was talking up a world of shared growth- 75% of the global economy was enjoying a synchronized upswing. Now, she says, 70% of the global economy is enduring slower growth. The IMF this week downgraded its forecast for growth this year in the United States, Europe, Japan and the world overall. The fund’s economists expect global growth to decelerate from 3.6% last year to 3.3% in 2019 tied with 2016 as the weakest performance since the recession year 2009. World trade is expected to expand just 3.4%, a sharp slowdown from the 4% the IMF had expected when its previous forecast in January and down from 3.8% trade growth in 2018.
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90% OF INDIAN ENGINEERS LACK KEY SKILLS: REPORT

More and more studies seem to confirm what Infosys cofounder Narayana Murthy flagged in 2018— acute lack of adequate skills of Indian freshers. Now a report by talent assessment firm Aspiring Minds shows a grimmer picture of the ability of Indian IT engineering graduates. Only 10%, the report claims, have adequate coding skills Only between 3% and 4% are fit to fill roles like product engineer or startup engineer
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DEVELOPERS FIND RELIEF IN COMMERCIAL PROPERTIES AS RESIDENTIAL REALTY LAGS

Browbeaten by various factors, including demonetisation, consumer-centric initiatives like Real Estate (Regulation and Development) Act, goods and services tax, Insolvency and Bankruptcy Code, and Benami property law over the past four years, the battle-fatigued real estate sector is finding relief in the high-stakes commercial real estate game Commercial space absorption has been high at close to 40 million square feet (sq ft), as more developers scamper to build office spaces, new-age co-working joints, specialised e-commerce-specific buildings. According to experts, exposure to commercial development has increased to over 40 per cent and in some cases close to 50 per cent. According to industry leaders such as Niranjan Hiranandani, the need for commercial space was always there, but most players missed the opportunity to develop Grade A spaces for global firms. We saw it well in time and effectively lead the market. A few years back, industry pundits, especially global consultants, were only talking about residential real estate as the only profitable option. The trend of corporates consolidating across different locations to a single place and expanding workspaces was something we tapped into much earlier. When dearth of good commercial spaces became noticeable, we managed to score high, he said. Beginning with the largest commercial deal with Brookfield, IT deal with Tata Consultancy Services, an additional 1 million sq ft under construction at Thane, Powai, Panvel, and Navi Mumbai, the Hiranandani Group has developed nearly 5 million sq ft in the past three years, compared to corresponding development over the past 14 years. The company plans to increase its commercial real estate development to almost 50 per cent of the total construction being done. New segments are coming up in commercial real estate such as co-working spaces, organised retail, and integrated townships with light industrial and logistics. We believe the ratio of residential and commercial in the near future should be 50:50, give or take 5 per cent variation, added Hiranandani. According to industry experts, in the case of outright sale of commercial properties, the top line of the developer immediately goes up. It is the reverse in the case of the lease model. Here, the builder’s bottom line is better because of a steady rise in rental income over the years. Also, the fact that they can now easily exit via real estate investment trusts is a major draw for a few builders. Hence, the supply is expected to gain significant momentum in 2019 as well. According to the Anarock data, commercial segment saw a total PE inflow of nearly $2.8 billion in 2018, up from $2.20 billion in 2017.
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TWITTER LIMITS ACCOUNTS THAT YOU CAN FOLLOW FROM 1,000 TO 400

Twitter has announced that it is lowering the number of accounts users can follow per day from 1,000 to 400 to strengthen their spam-fighting systems. Follow, unfollow, follow, unfollow. Who does that? Spammers. So we’re changing the number of accounts you can follow each day from 1,000 to 400 Don’t worry, you’ll be just fine, the official handle of Twitter Safety tweeted late on Monday.
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FACEBOOK SPENDS $22.6 MILLION TO KEEP MARK ZUCKERBERG AND HIS FAMILY SAFE

Facebook Inc more than doubled the money it spent on Chief Executive Officer Mark Zuckerberg's security in 2018 to $22.6 million, a regulatory filing showed on Friday. Zuckerberg has drawn a base salary of $1 for the past three years, and his other compensation was listed at $22.6 million, most of which was for his personal security. Nearly $20 million went towards security for Zuckerberg and his family, up from about $9 million the year prior. Zuckerberg also received $2.6 million for personal use of private jets, which the company said was part of his overall security programme. Facebook has in the past few years faced public outcry over its role in Russia's alleged influence on the 2016 US presidential election and has come under fire following revelations that Cambridge Analytica obtained personal data from millions of Facebook profiles without consent. Chief Operating Officer Sheryl Sandberg took home $23.7 million in 2018 compared to $25.2 million last year. Separately, Facebook said Netflix Chief Executive Officer Reed Hastings would vacate his seat on the social media company's board and not be nominated for re-election. Hastings' departure comes as the Menlo Park-based company beefs up its push into videos. Hastings has served on Facebook's board since 2011.
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WHATSAPP BLOCKS NUMBERS FOR IMPROPER POLL CONTENT SPREAD

WhatsApp, the Facebook-owned messaging service, has started blocking or disabling chats for mobile phone numbers that are proved to be circulating fake news or objectionable election-related content that has been flagged by the Election Commission of India. The first WhatsApp number was deactivated before voting on April 11. It wasn’t immediately clear when or if the disablement would be lifted. WhatsApp said in a recent communication to the Election Commission of India that it will block or disable its chat service on phone numbers provided that the poll panel shares screenshots of the objectionable content or fake news with it. Apart from WhatsApp’s action, 500 Facebook posts and links and two posts on Twitter were taken down during the 48-hour silent period before the first leg of polling. After social media companies agreed recently to follow a voluntary code of ethics to take down ‘problematic content’ and bring ‘transparency in political advertising,’ industry observers had raised concerns over how WhatsApp would address the issue, given that the platform cannot remove messages. 




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