Sunday, November 29, 2009

Indian banking makes U S jealous

Nov 28, 2009

After 31st March 2010 Indian banks will have to adhere to the Basel
 II norms. India had adopted Basel I guidelines in 1999.
Later on in February 2005 the RBI had issued draft guidelines
 for implementing a New Capital Adequacy Framework, in line with
 Basel II.

The deadline for implementing Basel II, originally set
for March 31, 2007, has now been extended. Foreign banks in India
and Indian banks operating abroad will have to adhere to the guidelines
 by March 31, 2009.

So let us dig what is this Basel II al about and
how it will affect the Indian

Banking sector.


What is Basel II?
INDIAN BANKING MAKES US JEALOUS 1Basel II is the second of the Basel Accords,
which are recommendations on banking laws and regulations issued by
the Basel Committee on Banking Supervision. The purpose of Basel II,
which was initially published in June 2004, is to create an internationl
standard that banking regulators can use when creating regulations
about how much capital banks need to put aside to guard against
the types of financial and operational risks banks face.


Basel II uses a “three pillars” concept – (1) minimum capital
requirements (addressing risk), (2) supervisory review and
(3) market discipline – to promote greater stability in the financial system.
INDIAN BANKING MAKES US JEALOUS 2


Let’s dig out how all the three above pillars will bring 
changes in the Indian banking segment.

The first concept deals with minimum capital requirements.

This is one of the most important and prime tool which makes our Indian Banking Sector jealous.

Banks have to keep aside 9 % capital againstØ various risks.
The risk consist of interest rate risk in the banking book,
foreign exchange risk, liquidity risk, business cycle risk, reputation
risk, strategic risk. This rate is expected to increase after much
talked about Basel II norms come into place. So all the above
risk will makethe Indian banking sector more secured and more
stable just like the one during the US financial crisis.


In other words it can be described as the minimum amount
of capital a Bank should maintain to cover its various business risks.
This might affect the credit growth of banks since in first place
Indian Banks are basically born skeptical which also acts as
a boon in times of crisis. Banks will have to increase their
margins for providing loans and moreover may reduce the
rate of percentage of sanctions they make in usual conditions.

Now a question might come up in the mind that what will
be the affect on loans-this will be answered after 31st March 2010
when Basel II comes in to play.


The second pillar of Basel II is supervisory review.
Banks have been given the power by which they will not o
nly maintain the minimum capital requirements but will also
be able to have a process by which they can assess their
capital adequacy themselves. This process, and its assessment
by the supervisory authority, is central to the second pillar
of the Basel II Accord.


This also ensures that banks will be able to make
arrangements to ensure that they hold enough capital to
cover all their risks. The prime responsibility will lie on
the individual banks to compile with the norms.


This review process will provide benefits when another
financial crisis will hit in the future. We should not forget
that when the US banks were getting sold out the
Indian Banking segments stood still as if nothing has happened.
That’s why we can go off to sleep when our prime wealth
is being safely preserved inthe Indian banks.

It works in this frame work shown below.
INDIAN BANKING MAKES US JEALOUS 3
The last but the most important one of Basel II is market discipline.

The recent financial crisis in US and the bailouts of the
Century old Banks have raised the voice of market discipline.
This is one of the most important pillar of any financial process.

Market Discipline in banking and financial sector is highly
required in coming days as more globalization will expand.

Market discipline as per Basel II focuses on:


To achieve increased transparency through expanded
disclosure requirements for banks.

This will make sure that the banks are well positioned
to handle the complex business process.

This will bring transparency in the process followed
with adequate updating to the banking regulators on
the involved process of the various banks in dealing
complex products.


So over all it can be concluded that with the advent
of Basel II, banks with a risk appetite, i.e. high
risk – high return lending strategy or lending without
proper appraisal merely to generate additional business
will find the going tough. We believe that such business
models, which take disproportionately high risks, will not
survive. The business models, which should survive,
will be where risks are within acceptance levels for the
banks backed by adequate returns.

After implementing Basel II our Indian Banking
will feel more jealous.


by: Indranil Sen Gupta, Research Analyst

UAE banks risk credibility loss on Dubai exposures

DUBAI: The credibility of the United Arab Emirates finance sector will suffer unless the authorities and lenders move quickly to assuage fears
Dubai
| Burj Dubai: The tallest tower | Dubai's metro
| Dubai's mega projects
that Dubai's debt trouble are spiraling out of control, analysts and bankers say.

Dubai, one of the seven emirates that make up the UAE, said on Wednesday it planned to restructure one of its holding companies, a shock announcement that triggered global concerns about the emirate's ability to meet its debt obligations.

International banks' exposure related to Dubai World amounts to $12 billion in syndicated and bilateral loans, banking sources said.

"I would say it is a huge shock for the UAE banking sector, and until we have some clarity the current situation will continue to cause damage," said Raj Madha, banking analyst at EFG Hermes.

Regional banks such as Emirates NBD and Mashreq Bank, which play a pivotal role in funding the UAE economy, have not made public statements yet on their exposure.
"Dubai World and its entities account for a very large chunk of the Dubai economy and its indebtedness and we expect Emirates NBD to have a full share of that," Madha said.

Officials at the Dubai-based bank could not be reached for comment.

UAE banks are exacerbating the situation by remaining silent on their exposures, said another banking analyst at a large international bank, who requested not be named.

"Unless there is clarity from banks, people will just make up numbers, which is worse," he said. "On the whole, the reputation has been damaged."
TRANSPARENCY

The region's financial services sector has already drawn criticism for its lack of disclosure and transparency but some analysts expect the Dubai debt crisis to spark a change.

"The way in which the UAE authorities handle the problem will clearly be important for investor confidence, as it will set a precedent for Dubai," Goldman Sachs analysts said in a note.

"Taking into view the huge reputational risks involved and also the amount of leverage that currently exists in the emirate we believe that the UAE authorities will be more likely to try and secure an orderly restructuring of outstanding liabilities of the two firms," the Goldman analysts said.

As a result of Dubai's debt struggle, banks will continue to face difficulties in the coming quarters.

"We expect asset quality to continue to deteriorate in the coming quarters and this trend could be exacerbated by the direct and indirect impact of a debt restructuring by Dubai World, which represents a major pillar of the Dubai economy," said Standard & Poor's credit analyst Mohamed Damak.

The UAE banks, however, will continue to be supported by the authorities, analysts said.

"I very much doubt that banks will be expected to bear the full burden of their exposure. I think at some level the assets would be or should be bought out by the federal government," EFG's Madha said.

Ratings agency Moody's also said it had no reason to believe that the federal government would abstain from supporting banks in Dubai or in other emirates.


Source: REUTERS

Saturday, November 28, 2009

Plea in court to wind up SPIC unit at Guindy

CHENNAI: The Sakthi Hi-Tech Construction Private Limited
on Moore Street has moved the Madras High Court with a plea
 to order the winding up of SPIC Petro Chemicals Limited in Guindy.

Consequently, the company petition from Sakthi Hi-Tech prayed
for a direction to the official liquidator to take over the
 management and administration of SPIC as a provisional liquidator.

According to Sanjay Dodeja, counsel for petitioner company, SPIC
placed various purchase orders with the petitioner company for
fabrication and erection of SS tanks and other materials in 1995 and 1996.
 Accordingly, petitioner company supplied, erected and executed substantial
 parts of the purchase orders as early as in 1996, but SPIC did not perform
its obligation and defaulted in payment of Rs 96 lakh.

SPIC was also entangled in litigation in respect of the project.

By an order, the Madras High Court had also restrained SPIC from
 proceeding further with the project. The dues remained unsettled
 till date. SPIC had also taken various loans and credit facilities
 from several banks, financial institutions and individuals by mortgaging
and hypothecating its movable and immovable property.

Thus, SPIC was neck-deep in debt.

The promoter of SPIC had also entered into an agreement to sell
some of his personal property to True Value Homes for Rs 120 crore
 as premium price for a property of 60 grounds in Kotturpuram.

Auction Sale of Properties by Banks - 2nd week of December 2009


Thursday, November 26, 2009

SFIO and Its Investigations in the last 3 Yrs

In last three year 37 cases referred to SFI and
investigation completed in only 9 cases


In all, 37 cases were referred to the Serious Fraud Investigation Office
(SFIO) during the last three years i.e. during the years 2006-07,
2007-08 and 2008-09. Out of these 37 cases, investigations
in respect of 9 cases have been completed.

Number of people in respect of other six companies will be
known only after launching prosecutions. In respect of the
remaining 28 cases, investigations are under progress.


An elaborate regulatory framework is in place to deal with such incidents.
This framework provides for statutory disclosures about the affairs
ofcompanies intended to inform the stakeholder the truth about the
state of affairs of companies. To facilitate making of such disclosures
by companies , and for stakeholders and regulatory agencies to easily
access and view them, Government has set up an electronic registry
with round the clock access through internet.

The Government has powers of inspection of the books of accounts
of companies and also to investigate their affairs, if need be, under the
Companies Act, 1956. In addition, the Act provides for appointment
of independent, statutory auditors to audit the accounts and report to
the shareholders. Such audited accounts are also displayed on the
electronic registry for general viewing.

While the reporting requirements are regulated under the
Companies Act, 1956, the conduct of auditors is regulated
under the Chartered Accountants Act, 1949. In addition,
for listed companies, compliance with these statutory requirements
is required to be certified by a company secretary in practice,
who in turn is regulatedunder the Company Secretaries Act, 1980.
Government has amended the Chartered Accountants Act, 1949
and the Company Secretaries Act, 1980 in 2006 to provide for
a more effective disciplinary mechanism to deal with cases
of misconduct by Chartered Accountants, Company Secretaries
respectively. In 2006,the Government has notified Accounting
Standards to enable accounts of companies to be drawn up and
disclosed on the basis of fair, transparent and internationally
accepted principles. Government proposes to re-introduceCompanies
Bill, 2008 as the Companies Bill, 2009 which seeks to make more
stringent provisions in cases of frauds by companies,

their directors and auditors, etc.


Morepen Laboratories Ltd. (MLL)
MLL created equity through fraudulently rotating funds siphoned
out of the company. Money was siphoned from the company to
promoters’ personalaccounts . Higher net worth of the company
was shown through rotation of funds, fictitious investments and
fictitious debtors. Company indulged in overvaluation of stocks to
book higher profits and obtained more loan from banks by hypothecation of stocks.

Shonkh Technologies Ltd.
The promoters in this case were found to have caused wrongful
loss to the company by allotting shares at arbitrary rates of premium
to Directors and their relatives. They were also found guilty of
falsification of accounts by creation of false equity through rotation
of cheques and by showing fictitious sales to inflate revenue and profit.

Shonkh Technologies International Ltd.
The Directors of the Company were found to have violated various
 provisions of Companies Act including preparation of
Annual Reports in a manner not reflecting true and fair view
of the operations of the Company.

JVG Hotels Limited, JVG Publications Ltd. , JVG Techno IndiaLtd. , JVG Holdings Ltd
These four companies are part of JVG Group of 13 companies referred to SFIO f
or Investigation. The main promoter is Shri Vijay Kumar Sharma.
There are allegations of siphoning off funds invested by the public in
 JVG Finance Limited, which was a non-banking finance company,
and some of thesecompanies were used for this purpose.

Leafin India Limited
The funds of the Company were siphoned off by creation of
lease agreements in respect of non-existent assets and lease
rentals were paid thereon. There was an attempt to defraud
the exchequer.

Stock Holding Corporation of India Limited (SHCIL)
There was fraudulent issue of shares of the company and books
of accounts were falsified. The management was found guilty
of the offence of criminal breach of trust in transferring tangible
assets of the company. The officials of the company intentionally
gave false evidence on oath during investigation.

Company wise list of 70 cases handled by SFIO with Present status of investigation

Nov 24, 2009

Serious Fraud Investigation Office (SFIO) has handled 70 cases
since its creation.

Company-wise list of these 70 cases along
with their status is given below.

In reply to an unstarred question in the Lok Sabha today,
Minister of Corporate Affairs,
Shri Salman Khurshid said that generally, the cases
 referred to the SFIO for investigation
are characterized by having substantial involvement
of public interest either in terms of
monetary misappropriation or in terms of
persons affected, and are complex and having
inter-departmental and multi-disciplinary ramifications.

However, the exact amount of funds in
eachinvestigation has not been quantified.



Investigation cases handled by SFIO since its inception and their present status:
S/No. Name of Company Present status of investigation



1
Daewoo Motors India Ltd. Complete, prosecutions filed
2
DSQ Software Ltd Complete, prosecutions filed
3
Design Auto Systems Ltd. Complete, prosecutions filed
4
Bonanza Biotech Ltd. Complete, prosecutions filed
5
Vatsa Corporation Ltd. Complete, prosecutions filed
6
Triumph International Finance India Ltd Complete, prosecutions filed
7
N H Securities Ltd Complete, prosecutions filed
8
K N P Securities Pvt Ltd Complete, prosecutions filed
9
V N Parekh Securities Pvt Ltd Complete, prosecutions filed
10
Panther Fincap and Management Services Ltd. Complete, prosecutions filed
11
Pather Investrade Ltd Complete, prosecutions filed
12
Panther Industrial Products Ltd. Complete, prosecutions filed
13
Triumph Securities Pvt Ltd. Complete, prosecutions filed
14
Luminant Investrade Pvt Ltd. Complete, prosecutions filed
15
Classic Credit Ltd Complete, prosecutions filed
16
Saimangal Investrade Ltd. Complete, prosecutions filed
17
Classic Shares and Stock Broking Services Ltd Complete, prosecutions filed
18
Goldfish Computers Pvt Ltd. Complete, prosecutions filed
19
Nakshatra Software Pvt Ltd. Complete, prosecutions filed
20
Chitrakoot Computers Pvt Ltd. Complete, prosecutions filed
21
Manmandir Estate Development Pvt Ltd. Complete, prosecutions filed
22
Mardia Chemicals Ltd. Complete, prosecutions filed
23
Soundcraft Industries Ltd Complete, prosecutions filed
24
Adam Comsof Ltd. Complete, prosecutions filed
25
Kolar Biotech Ltd Complete, prosecutions filed
26
Usha India Ltd Complete, prosecutions filed
27
Malvika Steel Ltd Complete, prosecutions filed
28
Koshika Telecom Ltd Complete, prosecutions filed
29
Information Tech of India Ltd. Under progress
30
Shonkh Technologies International Limited Complete, prosecution filed
31
Shonkh Technologies Ltd Complete, prosecution filed
32
Morepan Laboratories Ltd Complete, prosecution filed
33
JVG Industries Limited Report submitted, prosecutions yet to be filed
34
JVG Publication Limited Report submitted, prosecutions yet to be filed
35
JVG Hotels Limited Report submitted, prosecutions yet to be filed
36
JVG Steels Limited Report submitted, prosecutions yet to be filed
37
JVG Techno India Limited Report submitted, prosecutions yet to be filed
38
JVG Holdings Limited Report submitted, prosecutions yet to be filed
39
JVG Farm Fresh Limited Report submitted, prosecutions yet to be filed
40
JVG Housing Finance Ltd Report submitted, prosecutions yet to be filed
41
JVG Overseas Limited Report submitted, prosecutions yet to be filed
42
JVG Finance Ltd Under progress
43
JVG Leasing Limited Report submitted, prosecutions yet to be filed
44
JVG Securities Ltd Report submitted, prosecutions yet to be filed
45
JVG Departmental Stores Ltd. Report submitted, prosecutions yet to be filed
46
SHCIL Services Ltd Complete, instructions issued to file prosecutions
47
Systems America (India) Ltd Under progress
48
Krishi Export Commercial Corporation Ltd Report submitted, prosecutions yet to be filed
49
Leafin India Ltd Report submitted, prosecutions yet to be filed
50
AVI Telecom Ltd Under progress
51
AVI Petroleum Ltd Under progress
52
AVI Packaging (India) Ltd. Under progress
53
A&R Oil Mills Ltd. Under progress
54
Rishi Spinners Ltd. Under progress
55
Rishi Financial Services Ltd. Under progress
56
Rishi Oil & Fats Ltd (in Liqn) Under progress
57
AVI Shoes Ltd (in Liqn) Under progress
58
Zenet Software Ltd Under progress
59
Sugandh Estate & Investments Pvt Ltd. Under progress
60
Amathi Investments Ltd. Under progress
61
Welvet Financial Advisors Pvt Ltd. Under progress
62
PSG Developers & Engineers Ltd. Under progress
63
Nicco UCO Alliance Credit Ltd. Under progress
64
Kuber Mutual Benefits Ltd Under progress
65
Elder Pharmaceuticals Ltd Report submitted, prosecutions yet to be filed
66
Satyam Computer Services Ltd. Report submitted, instructions issued for filing prosecutions on pure company law violations.
67
Megacity (Bangalore) Developers & Bldgs Ltd. Under progress
68
AVI Industries Ltd (in Liqn) Under progress
69
Sesa Goa Ltd Under progress
70
Sesa Industries Ltd. Under progress
Shri Salman Khurshid informed the House that a sum of Rs. 17,52,42,000/-
has been spent to run SFIO since its creation till October, 2009.

EXPERIAN....UK credit information major to expand to India

By PTI , London

Business and credit information major Experian has
 formed a joint venture with seven Indian
  banks and financial institutions to establish a credit
 bureau in India that will advise financial institutions
 and retail businesses about lending to consumers.

Nottingham-based Experian
will hold a 49 per cent stake
 in the joint venture, Experian Credit Information Company
 of India, while the other 51 per cent will be shared between
 Axis Bank, Federal Bank, Indian Bank, Magma Fincorp,
Punjab National Bank, Sundaram Finance and Union Bank of India.


Experian is one of only a few companies to have been granted
a provisional licence to operate a credit bureau in India.

It will now apply to the Reserve Bank of India for a final licence.


Richard Fiddis, Managing Director of the strategic markets
division at Experian,
said: "Along with our joint venture partners,
we are excited about the creation of the new Experian
Credit Information Company in India.

"With more than 40 years of experience, we operate 15 consumer
and 13 business credit bureaux globally and have played an active
 role in helping shape industry best practice."









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