Tag: IL&FS

  • Ex-IL&FS chairman Ravi Parthasarathy dies

    Former non-executive chairman of Infrastructure Leasing & Financial Services (IL&FS) Ravi Parthasarathy handed away on Wednesday.

    Parthasarathy was a former chairman of the Infrastructure Leasing and Financial Services (IL&FS). He was arrested by the Economic Offences Wing (EOW)-II final yr for allegedly defrauding traders to the tune of Rs 200 crore.

    He was one of many accused within the case and was arrested in June 2021 for numerous offences beneath the IPC and the TNPID Act.

    On July 20, 2018, Parthasarathy resigned as non-executive chairman of IL&FS, the holding firm of the IL&FS group which he served for over 30 years. He joined the IL&FS in 1987 as president & chief government officer and was appointed as managing director in 1989.

    Known within the company world for his deal-making expertise, he was later designated government chairman of the corporate. The overleveraged firm which executed a few of the main infrastructure initiatives beneath the management of Parthasarathy collapsed beneath a pile of debt.

  • Can MFs put money into unlisted equities?

    To remove excessive threat with investing in unlisted securities, Sebi (Securities and Exchange Board of India) prohibits MFs (mutual funds) from investing in such devices since September 2019.

    Before that, mutual funds have been allowed to take a position a nominal portion of their portfolio in unlisted fairness shares. 

    A fund home may make investments as much as 5% of its NAV (Net Asset Value) within the unlisted fairness shares or fairness associated devices in case of open-ended scheme and 10% of its internet asset worth in case of shut ended scheme. 

    Post the IL&FS disaster in 2018, on evaluate of funding norms for mutual funds in debt and fairness securities, Sebi restricted MFs investing in unlisted debt and fairness devices.

    According to Sebi (Mutual Funds) Regulations, 2019,  “All investments by a mutual fund scheme in fairness shares and fairness associated devices shall solely be made offered such securities are listed or to be listed.” Mutual funds can come in as anchor investors in case of to-be-listed entities, said Anil Ghelani, head passive investments & products of DSP Mutual Fund. “Hence, we witnessed some of the mutual funds participating in the recent IPOs (initial public offering) before listing.”

    “Unlisted equities are a really illiquid asset class. If there was undue redemption strain, then the property have to be offered at distressed pricing, which won’t solely influence exiting traders but additionally the prevailing traders,” mentioned Vishal Dhawan, board member, Association of Registered Investment Advisors (ARIA).

    There is an inclination for lots of traders to get carried away as a result of plenty of the unlisted shares might have manufacturers or names that we might use on every day foundation, added Dhawan.

    “We imagine it’s best that entry to unlisted shares is obtainable solely by investments like AIFs, wherein solely these traders who can take care of the dangers take part,” Dhawan concluded.

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  • To deal with insolvency in monetary corporations, modified FRDI Bill up for discussions

    The authorities has began discussions to place in place a decision mechanism to cope with insolvency of companies within the monetary sector. A modified model of the Financial Resolution and Deposit Insurance (FRDI) Bill —  which was withdrawn in 2018 on account of its controversial provision of bail-in that was perceived as undermining  security of depositors — is being contemplated. The Finance Ministry has lately sought views of the Reserve Bank of India (RBI) on drafting the recent laws and discussions are underway to putting in a system to cope with monetary companies’ insolvency whereas on the identical time offering highest stage of security to depositors, sources acquainted with the discussions stated.
    Even because the RBI has come out with a Prompt Corrective Action framework for NBFCs (non-banking monetary corporations), a necessity is being felt for a legislative backing for the whole monetary sector. The RBI has lately outdated boards of Reliance Capital, SREI  Infrastructure Finance and SREI Equipment Finance, and appointed further director on the RBL Bank, elevating issues over solvency of companies throughout the monetary sector.
    The determination on PCA framework has come after 4 huge finance companies — IL&FS, DHFL, SREI and Reliance Capital — which collected public funds by fastened deposits and non-convertible debentures collapsed within the final three years regardless of the tight monitoring within the monetary sector. They collectively owe over Rs 1 lakh crore to buyers. DHFL was resolved by the Insolvency and Bankruptcy Code, regardless of challenges in courts.

    “DHFL resolution has set a kind of a template of resolution, which can be tried in other cases such as SREI. But there is a need to have a specific law to resolve insolvency of FIs (financial institutions). FIs should not be required to go through IBC given their impact on the financial system and systemic stability. These things can be resolved through the new law that is under discussion,” a senior authorities official stated.

    ExplainedNeed for legislative backingEven because the RBI has come out with a Prompt Corrective Action framework for NBFCs (Non Banking Financial Companies), a necessity is being felt for a legislative backing for the whole monetary sector.

    The FRDI Bill, 2017 was meant to handle the problem of insolvency of companies within the monetary sector — in order that if a financial institution, NBFC, an insurance coverage firm, a pension fund or a mutual fund-run by an asset administration firm fails, a fast resolution is out there to both promote that agency, merge it with one other agency, or shut it down, with the least disruption to the system and different stakeholders.
    The Bill was withdrawn on account of issues amongst public over security of deposits regardless of assurances by the Central authorities. A key level of criticism was the so known as bail-in clause within the Bill that stated in case of insolvency in a financial institution, the depositors should bear part of the price of the decision by a corresponding discount of their claims. The authorities had then clarified that the bail-in clause wouldn’t be utilized to public sector banks and it could be a device of final resort, when a merger or acquisition is just not viable, within the case of personal sector banks.

    A Financial Resolution Corporation was envisaged underneath the regulation as an company that can classify companies based on the dangers they pose, perform inspections and, at a later stage, take over management. Since then, the federal government has tried to allay fears of depositors who can be given prime precedence within the occasion of liquidation of a monetary agency. The deposit insurance coverage cowl has additionally been raised to Rs 5 lakh from Rs 1 lakh per account.
    “With the deposit insurance cover being raised, over 50 per cent of the total assessable bank deposits are now insured and this percentage is even higher at around 60 per cent for the public sector banks. Attempts have been made to provide maximum safety to depositors, and the discussions on the financial resolution legislation should be seen in that light itself,” a authorities official stated.

  • NFRA finds lapses in ITNL audit: FY18 losses ‘understated by at least Rs 2,021 crore’

    THE NATIONAL Financial Reporting Authority (NFRA) has discovered main lapses within the audit of IL&FS Transportation Networks Ltd (ITNL) for FY18, carried out by EY community agency SRBC and Co LLP.
    The audit high quality report discovered that ITNL’s losses for FY18 have been understated by no less than Rs 2,021 crore and that its monetary statements didn’t appropriately worth the Rs 3,346-crore publicity to its subsidiaries, associates and joint ventures. The report additionally discovered that the appointment of SRBC & Co as statutory auditor of ITNL was unlawful, as corporations associated to the auditor had supplied administration and different non-audit companies that they’re prohibited from offering to their shoppers to ITNL within the related interval.
    “The initial appointment of SRBC & Co LLP, and the continuation of SRBC & Co LLP, as statutory auditor of ITNL, was prima facie illegal and void,” the NFRA mentioned. It has additionally beforehand given an audit high quality report on the statutory audit of IL&FS Financial Services (IFIN) by KPMG community agency BSR & Co, discovering related violations of guidelines on the availability of non-audit companies by statutory auditory and even debarred a former Deloitte India companion for his function as statutory auditor of IFIN for FY18.
    Defaults by the IL&FS Group, together with ITNL, in 2018 had led to a extreme liquidity crunch for non-banking monetary firms (NBFCs) and triggered the federal government to maneuver to supersede the board of administrators of the group.
    “The company’s losses during 2017-18 were understated by at least Rs 2021 crore on account of unjustified reversal of Expected Credit Loss (ECL) on loans given to the SPV and on trade receivables, and due to incorrect impairment valuation,” the NFRA mentioned in its audit high quality report.
    The regulator famous that there was a “clear attempt to obscure material information in the financial statements” relating to the ECL reversal.
    “We are disappointed with the conclusions in the Audit Quality Review report of ITNL for FY2017-18. SRBC & Co LLP (SRBC) had performed the audit as per the applicable standards and highlighted the issue relating to going concern in our limited review report for the June 2018 quarter,” a spokesperson for SRBC & Co mentioned, including the agency had absolutely cooperated with the NFRA over its two-year enquiry and supplied all requested info.
    The NFRA famous that the audit agency had did not appropriately “evaluate the use of the going concern basis of accounting” by administration and failed to notice implications of this in its report.
    The regulator additionally concluded that SRBC and Co’s engagement high quality management companion “failed to report material misstatements known to him” and that he didn’t train due diligence in acquiring info to guage judgements made by the agency’s engagement workforce.

  • Eye on worth, govt seeks to ‘fast-track’ IL&FS decision 7509316

    While the brand new board of scam-hit Infrastructure Leasing & Financial Services (IL&FS) has made important progress within the decision of Rs 99,000 crore plus debt of the corporate, the federal government is pushing for a sooner decision to guard worth and collectors pursuits.
    IL&FS has already addressed Rs 43,600 crore of debt as of May 2021 and indicated that Rs 50,000 crore of estimated restoration is prone to be addressed by September 2021.
    “There is a need fast track the resolution process to protect value. The board has adopted the asset-by-asset resolution framework, and a basket-approach in some cases, to derive most of the economic value in the entities,” a senior authorities official stated. This framework is time-taking and Covid-19 associated restrictions final 12 months and this 12 months additional affected the decision course of. “But now that most institutions are open and bidders can freely participate, a faster resolution is required,” the official stated.
    The new Board, led by Uday Kotak, has stated it expects total restoration of round Rs 61,000 crore, which is about 61 per cent of the overall debt of Rs 99,000 crore. “There has been significant progress made towards resolution as can be seen from progress reports submitted in the case of IL&FS on directions by the NCLT, Mumbai bench. Over 50 per cent of the consolidated debt of various IL&FS entities have been resolved…,” the official stated.
    IL&FS group of firms have been categorized into three classes – Green, Red and Amber – on the idea of 12-month money flow-based solvency check, with firms within the Red class not capable of totally repay even the secured debt. “It’s obviously the entities in the Red category which are a problem area and this comprise over 80 entities. Even the Parliamentary panel (Standing Committee on Finance) had stressed in its recent report that delay in resolution of IL&FS can lead to steep value erosion. Many of the entities will need to be liquidated,” the official stated.
    “The resolution process for IL&FS, under the New Board and under oversight by Justice (Retd.) DK Jain, is progressing in accordance with the framework approved by NCLAT. The progress plan is regularly monitored by the New Board and has also been discussed with the MCA…This roadmap has been shared with stakeholders in the Government and with members of the media. We have not received any communication, w.r.t. fast-tracking or expediting the resolution, from government/ministry in this regard,” an IL&FS spokesperson stated. A complete of Rs 58,000 crore or practically 95 per cent of the estimated restoration is predicted to be accomplished by March 2022, he added.

    There’s a suggestion from some quarters inside official circles that the IL&FS ought to promote the debt/belongings within the pink class to asset reconstruction agency ARCIL, sources stated. The challenges earlier than IL&FS are timelines for approvals from NCLT and NCLAT, non-receipt of annuities amounting to over Rs 700 crore, complicated transactions involving PSUs and state authorities as three way partnership companions, non-receipt of NOCs from JV companions and non-receipt of approval from authorities authorities like NHAI.
    Over 20 collectors have filed appeals with the Supreme Court in opposition to the Resolution Framework. Besides, there have been coercive creditor actions like debits with out authorisation, refusal for assembly even “going concern payments” and refusal to create fastened deposits, interest-bearing devices in contravention of courtroom orders.

  • It is time score companies stepped up their recreation

    Indian credit standing companies (CRAs) have been dealing with tough climate in recent times, a mixed final result of a large number of financial components. However, essentially the most damaging dent on their fame has undoubtedly been the IL&FS debacle, which remains to be recent in public reminiscence. Despite obvious systemic vulnerabilities, CRAs have gotten away with small penalties on the premise that rankings are, in any case, a subjective opinion, and an opinion can’t be penalized.

    Rating being a regulation-supported enterprise, survival was by no means an issue, however their credibility is certainly at stake. For one, score companies are perceived to be behind the curve. Often, CRAs overlook materials points affecting credit score.

    There have been situations after they first assigned a better credit standing after which lowered it over time to a extra cheap degree. The market is forward of the curve nearly all the time in pricing within the threat, which displays in greater yields quoted despite the instrument being extremely rated; we’ve seen score downgrades observe later. This defeats the very function of a CRA. I hear, a couple of non-public banks are tightening their inner evaluation mechanisms to scale back their dependence on CRAs.

    The fault lies in the best way the CRA enterprise is structured, for the reason that issuer pays for his personal score. The fact is that CRAs typically have restricted entry to company managements. This entry suffers much more if there’s a score downgrade. This inadequacy is certain to influence the surveillance earnings of CRAs.

    The moot query now could be: How precisely are CRAs countering the challenges of credibility? There appears to have been little motion on this entrance to date. When the sub-prime lending disaster hit the US, the Senate blasted CRAs for his or her slippages that contributed to the disaster.

    The CRAs within the US swung into motion and launched plenty of initiatives to maneuver up the worth chain—together with separation of business and credit standing features, detaching credit standing and non-credit score companies, unbiased overview and approval of adjustments to credit standing methodologies, consideration of combination credit standing efficiency in deciding the compensation of sure varieties of workers, conducting exams and coaching programmes for analysts, cleaning and curating databases, and investing in know-how.

    However, regardless of the IL&FS disaster and the resultant backlash, there appears little acknowledgment from CRAs in India, not to mention motion. There has been no reassuring communication to buyers. In reality, one CRA audit report did not even make a passing point out of the IL&FS fiasco.

    Board compositions of CRAs depart loads to be desired. Their boards want holistic illustration from seasoned professionals throughout various sectors, and never simply from the banking sphere. Bankers do convey a key perspective, however it’s not wholly consultant. Tie-ups with international companies is a technique of guaranteeing a greater illustration, however a wider illustration from a cross part of company veterans—people who find themselves well-versed with the intricacies and dynamics of the rankings enterprise—is a should.

    From a minority investor standpoint, the efficiency and insurance policies of CRAs are removed from inspiring. Their capital allocation is questionable, particularly on condition that they’ve an assured market, asset-light enterprise, sturdy steadiness sheets, zero debt, low capex, zero receivables, excessive returns on fairness, and free money. Helped by such glittering positives, why don’t they return money to shareholders or reinvest prudently?

    All their woes and flaws aside, CRAs do get pleasure from a robust moat by way of obstacles to entry and scale-up for any potential competitor. Currently, the enterprise setting is constrained, and the credit score cycle is down, however issues might lookup quickly. When the pandemic fades away, the financial system will get again on observe, the non-public capex cycle will decide up and company bond market will deepen. Measures such because the PLI scheme and elevated ease of doing enterprise are anticipated to spice up capital expenditure within the subsequent 5 years. Given that financial institution credit score is predicted to double within the subsequent 5 years, the long-term worth proposition of CRAs appears intact, and the sport is definitely huge open. But CRAs must step up and enhance their very own rankings, earlier than they set about score others and taking advantage of the enterprise alternative that lies forward.

    In pulling up their socks, they may have finished a world of excellent not solely to their buyers, but additionally to the nation in guaranteeing that the financial system grows on a robust footing.

    Amar Ambani is senior president and head of analysis, institutional equities, at YES Securities.

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  • IL&FS sells 49% stake in Chinese street asset CYEC

    INFRASTRUCTURE LEASING and Financial Services (IL&FS) on Thursday introduced the completion of its 49 per cent stake sale in its Chinese street asset Chongqing Yuhe Expressway Co Ltd (CYEC). The stake has been bought to China Merchants & PingAn Infrastructure Phase 1 Equity Investment Fund (Tianjin) Co Ltd (PingAn), a fund collectively owned by PingAn Insurance and China Merchants.
    This is the biggest transaction for IL&FS because the sale of its wind vitality belongings to Orix.
    IL&FS has acquired Rs 1,035 crore ($141.3 million) in Singapore as a part of this stake sale transaction. The consideration might be used to pay $88 million of Bank of Baroda loans and the steadiness to fulfill IIPL liabilities — together with bondholders underneath IOPL.
    IL&FS group held 49 per cent stake in CYEC — by way of its step down Singapore-based subsidiary ITNL International (IIPL). The steadiness 51 per cent stake in CYEC is held by Chongqing Expressway Group.
    PingAn had bid at an combination fairness valuation of $281 million for 100 per cent stake. This valued IIPL’s 49 per cent stake at $140 million and PingAn had agreed to take over the Rs 1,600 crore debt in CYEC (as of December 2018). The transaction was accomplished publish receipt of approval from former Supreme Court Justice DK Jain and the National Company Law Tribunal.

    ITNL Offshore PTE Ltd (IOPL) and (IIPL) are two Singapore-based subsidiaries of IL&FS Transportation Networks Limited (ITNL), a majority owned subsidiary of IL&FS.
    The administration and new board of IL&FS, as a part of its quarterly replace on the progress of ongoing group decision course of in January, had stated it has addressed Rs 32,000 crore of combination debt. The group has maintained its estimates of addressing combination debt of over Rs 56,000 crore by FY22, out of an general debt of over Rs 99,000 crore (as of October 2018).