Monday, June 17, 2013

Aircel finds the going tough after its debt burden soars, makes desperate moves for survival

Aircel finds the going tough after its debt burden soars
Aircel finds the going tough after its debt burden soars

ET : Deepali Gupta :chennai :17 June 2013

 For all its recent parleys on radical options to get back on track - relief on debt repayments, sale of some assets, sale of everything - Aircel is back to square one, where everyone who has something to do with it does not want to do anything more with it than they absolutely have to. 

The glimmer of hope arising from the multitude of talks took another beating on June 13, when India's top investigating agency announced it had moved forward in a corruption probe involving Aircel's Malaysian promoter Maxis and its owner T Ananda Krishnan. And India's seventh-largest telecom company, which was once gunning for top-three status, was pushed back into the vicious circle of cash and credibility it has been ensnared in for the past two-and-a-half years. 

After a building spree that went awry and burdened it with 24,000-crore of debt, Aircel needs, according to a banker who is clued into the company's workings but did not want to be named, at least 6,000 crore to start firing again. This could be capital from promoters, new loans from banks or proceeds from an asset sale. But the corruption probe has damaged the company's credibility, and no one wants to commit more. 

Meanwhile, desperation is written all over Aircel's operations and choices. Aircel declined to participate in this story, but a company official who did not want to be named says that, even with 61 million subscribers, its network is running 60% empty. Further, he adds, at its current rate of growth, it will take five years for the company to fill its network. The past few months, Aircel has been selling minutes on its network in Mumbai to rival Reliance Communications at one-third the going market rate. Employees are edgy, the management unsure and the promoters distant. 

A person familiar with the company's financials says Aircel is losing around 1,680 crore annually at the operating level. On top of this, it has to pay interest on its debt and, come January, will also have to start repaying principal. And the root of all its troubles is a case linked to Maxis' entry into Aircel and an unbridled expansion. 


Aircel finds the going tough after its debt burden soars


Other People's Money 

In 2005, Maxis, along with a 26% partner in the Reddy family that runs the Apollo Hospital group, bought Aircel from serial entrepreneur C Sivasankaran for $800 million (about 4,390 crore). A year later, it received licences for 14 more circles, besides the eight it had, giving it a pan-India presence. 

Aircel received 2G spectrum, or radiowaves, in 2008-09, along with a few new players such as Unitech and Sistema. "There was an urgency for a full rollout to beat others," says a former official who was part of the Aircel management team, on the condition of anonymity. 

The management drew up a $3.5 billion-expansion plan, of which $1.5 billion was to come in as promoter equity. "It went through without too many questions," recalls a second former official from Aircel's management team, who too spoke on the condition of anonymity. "The guys (at Maxis) were on top of what we were doing." 

But the equity infusion kept getting deferred and much of the capital expenditure at the time was built on vendor credit, largely from Chinese suppliers ZTE and Huawei. At a meeting of the management team held in Gurgaon, the promoters said the additional equity would come after the 3G auction, scheduled in mid-2010. "We decided to live short term and thought we will finalise the financial structure with 3G and 4G bidding," says the first ex-management team official quoted above. "So, the company had put in $3-3.5 billion of investment without a single dollar of equity investment." 

It started coming back to haunt Aircel. "The (telecom) industry is a long-term play," says Hemant Joshi, partner at DeloitteHaskins & Sells, a consulting and accountancy firm. "Only long-term funds should be used for long-term purposes because it takes huge time for it (telecom business) to mature. In the Companies Act, there is a provision asking auditors to check whether a company has used short-term funds for long-term purposes."

To generate funds for 3G bids, the management suggested hiving off its tower business. So, it sold its 17,500 towers to GTL Infrastructure for about 8,000 crore, and spent 9,900 crore to buy 3G and BWA airwaves. "3G was the smartest bid because it covered 95% of our revenues," says the first management team official quoted earlier. "It was the additional 4Gspend, prompted by promoters that was unwarranted. There was also no separate strategy for 4G. We took the 3G strategy and also used it for 4G, which shows." 

Call Drops 

According to this official, till this point, the promoters were "very sincere" about India and "committed" to Aircel. The call dropped when what is now called the 2G case, related to the 2008 licence awards, started unravelling. It claimed a former telecom minister, company promoters and executives, and bureaucrats. 

As the scope of the investigation widened, Sivasankaran told the CBI that the then telecom minister Dayanadhi Maran delayed clearances to the company and compelled him to sell it to Maxis; further, as a quid pro quo, Maxis invested 550 crore in Sun TV, the direct-to-home (DTH) company belonging to the Maran family. The CBI, in October 2011, filed a case against T Ananda Krishnan, who controls Maxis, Ralph Marshall, a non-executive director at Maxis, and the Marans. All of them have denied any wrongdoing. 

"That was the turning point," says the first management team official. "The promoters could not come to India. They kept sending people who did not know the Indian market. Decisions taken would be reversed soon after. They lost complete control." 

This drift affected Aircel's 2G operations, and it started losing momentum. Elsewhere, 3G, on which it had spent a pile, was not taking off. "When you have made the capital expense and revenues are not coming, you bleed badly," says the former employee. "Decision-making became a monthly thing, from being a quarterly affair. Everyone came out of those meetings (with Maxis) frustrated."

Starved of cash, credibility and commitment,Aircel started cutting its losses. It shut operations in five unprofitable circles: Gujarat, Haryana, UP-West, MadhyaPradesh and Kerala. "It was short-sighted," says a former senior Aircel official, not wanting to be named. "Once you shut operations in parts, you start getting seen as a regional player. It creates disorder among ranks, staff and customers." By January 2013, its customer base had shrunk to 61 million, against 66 million a year earlier. 

A fallout between Aircel and GTL over the tower deal added to the bleeding. Aircel had promised GTL it would expand to 60,000 towers, which did not happen. Aircel agreed to refund 1,600 crore to GTL by June 2012, and paid 200 crore and issued a bank guarantee of around 1,000 crore. It has struggled to pay the remainder. The latest is that GTL has claimed 2,000 crore from Aircel, which has, in turn, challenged GTL's service quality and is seeking damages. 

An analyst who did not wish to be named sums up Aircel's woes in four points: it remained unprofitable in all new circles and never passed the mid-sized category; it splurged to acquire customers, who left before it could generate a profit on their connection; it stepped back when competitors were adding subscribers, opening up a gap; and poor execution. 

"The promoters took good long-term decisions. Only it was with other people's money," says the first former Aircel management team official quoted earlier. BK Syngal, the former head of VSNL and now a consultant, terms this a "systemic problem". "How was the money lent? Who checked what the borrowed funds were used for? Now, they are refusing to put in money and the problem lies on the banks' head," says Syngal, senior principal, Dua Consulting, a telecom consultancy firm. 

Aircel recently initiated informal talks with lenders to restructure its 24,000-crore debt. Banks - not wanting to set a precedent for the telecom sector, to which they have loaned 92,000 crore - have asked Aircel's promoters to put in more money. "Operational excellence cannot turn it around," says the first former Aircel management team official. "Only an equity infusion to retire high debt can." 

Maxis raised $3.3 billion in its IPO in 2009, but it has been reluctant to channel this into India while the future of Aircel is inextricably woven with a legal case. Its 26% partner, Saudi Telecom, has dissented from further fund infusion into Aircel. 

Many solutions have reportedly been discussed at the behest of various stakeholders: outright sale to Sistema, merger with Tata Teleservices and the sale of its BWA spectrum for $800-900 million. But ultimately, each comes down to credibility and an assurance that the company's legal woes won't trip such corporate actions. And, today, Aircel and its promoter are in no position to give that.

Thursday, June 13, 2013

Protesting police action, lawyers to skip courts on 11th



11th June 2013 08:36 AM




























Members of the Madras High Court Advocates Association have decided to boycott courts, tribunals and other fora in Chennai on Tuesday also, this time to register their protest against the attack on their colleagues by the MKB Nagar police on June 9.
A resolution to this effect was adopted by the association executive committee, chaired by G Mohanakrishnan, here on Monday.
Originally, the advocates boycotted the courts on Monday in protest against DGP K Ramanujam’s alleged behaviour when the advocates tried to meet him at his office on June 6.
Even though the boycott was almost total in the subordinate courts, it was not so in the High Court.  Four to five courts, including  the first bench headed by Acting Chief Justice RK Agrawal, functioned as usual.
In other courts, judges sat in their respective court halls for some time and returned to their chambers later. Government advocates worked. While some advocates appeared without their gowns, many affected litigants appeared party in person.
They represented their cases in Tamil as well.
Social worker A Narayanan of Valsaravakkam filed writ petition challenging location of TASMAC shops and target fixure for the sales. She argued in person before the first bench comprising Acting Chief Justice RK Agrawal and Justice M Sathyanarayanan. The bench, while ordering notice on one petition, passed an interim order on the other. 
Meanwhile, the first bench ordered two weeks notice on the writ petitions from the TN Advocates Association (TNAA) and the TN Bar Council, praying for a direction to the Chief Secretary and the Home Secretary to take action against DGP Ramanujam for his alleged behaviour against the lawyers.
Their interim prayer was to place Ramanujam under suspension.
Keywords: Madras High Court, advocates protest, Egmore Bar Association, Tamil Nadu Advocates’ Association

Saturday, June 8, 2013

SBI chief says new NPA norms will have minimal impact



BL : PTI : 5 June 2013
State Bank of India today said it will have less than 1 per cent impact on its pre-tax balance sheet or around Rs 200 crore annually due to the revised norms on NPAs and restructuring by the RBI.
“Total impact will be around Rs 200 crore a year which will be less than 1 per cent on a PBT (profit before tax) basis,” Chairman Pratip Chaudhuri told reporters on the sidelines of an international banking summit organised by the industry lobby IMC here.
On May 19, the central bank revised the norms on restructuring and NPA accounts, increasing the provisioning percentage on restructured accounts besides making loan recasts tougher by increasing promoters contribution.
Under the new rules, from June 1, banks must set aside provisioning for 5 per cent of the value of a loan that is newly restructured, from 2 per cent previously.
But the regulator said it will not force banks to re-classify loans as NPAs in the event of project delays in the infrastructure and commercial real estate sectors.
To discourage loan recasts, which has more than doubled last fiscal, the RBI had said from April 2015 an account will have to be classified as sub-standard as soon as it is restructured and a standard asset on restructuring would be immediately classified as sub-standard as also non-performing assets.
“All restructured accounts which have been classified as NPAs upon restructuring, would be eligible for upgrade to the standard category after observation of ‘satisfactory performance’ during the ‘specified period’,” the RBI had said.
According to ICRA, banks may have to keep an additional Rs 1,500-2,500 crore as provisions this fiscal for their existing recast loan book.
On the possible impact of reducing deposit rates on retail rates, Chaudhuri said it would depend on what competitors are offering on other instruments.
He also said despite reducing rates on bulk deposits in the recent past, such a possibility on retail rates seems to be remote.
Referring to credit growth in first two months of the current fiscal, Chaudhuri said, “the first half is generally slow. So, it will be unrealistic if we expect higher growth.
We are taking deposits because we think growth will happen in the second half. Growth today is coming from the consumer side.”
On Kingfisher Airlines, Chaudhuri said it will not be possible on his part to comment on a specific account.
He also said it is worrisome to see stagnancy in the industrial sector.
(This article was published on June 5, 2013)
Keywords: RBI, SBI, bad loans, NPA provisioning, restructuring of loans, Reserve Bank of India, 

Independent body likely to review debt recast cases: Takru




BL : June 7,2013


To prevent unfit cases from getting their loans restructured under the corporate debt restructuring (CDR) mechanism, the Finance Ministry plans to set up an independent common oversight body, said Rajiv Takru, Financial Services Secretary.
The body will be a recommendatory unit which will vet CDR cases above a certain threshold.
However, he did not specify what the threshold will be and said it will be decided by the banks.
“When banks get a CDR case above a certain amount, they can send it to the body which can give its view to the banks,” he said.
He said that there would not be any government official or banker on the panel. The members would include experts from legal, investigation and financial fields.
The body will give its opinion to the banks in writing so that the banks cannot later say that they were not sufficiently forewarned about the suitability of the case, he added.
Takru further told that banks cannot afford to waste any time to start the recovery process.
“Whatever the assets (collaterals) are, banks must auction them. If banks do not get the right price for the asset, then banks must buy it out,” he added.
deepa.nair@thehindu.co.in
(This article was published on June 7, 2013)
Keywords: corporate debt restructuring, loans restructured, Finance Ministry plans, Takru

Put loan collaterals through periodic legal audit, RBI tells banks



BL : June  7,2013

To contain fraud, the Reserve Bank of India on Friday asked banks to subject the title deeds and other documents in respect of all credit exposures of Rs 5 crore and above to periodic legal audit. They should also re-verify the title deeds with relevant authorities as part of regular audit exercise till the loan stands fully repaid.
Bankers say such a directive may have been prompted by rising bad loans and the necessity to ensure that collateral are sufficient to make recoveries.
The central bank said banks should furnish a review note to their board/audit committee of the board at quarterly intervals on an ongoing basis.
The review note should contain information in respect of legal audits covering aspects such as the number of loan accounts due for legal audit for the quarter, how many accounts covered, list of deficiencies observed by the auditors, and steps taken to rectify the deficiencies.
The note should also mention the number of accounts in which the rectification could not take place, course of action to safeguard the interest of bank in such cases, action taken on issues pending from earlier quarters.
ramkumar.k@thehindu.co.in
(This article was published on June 7, 2013)
Keywords: title deeds and other documents, loan collaterals, periodic legal audit, RBI

Thursday, June 6, 2013

SBI chief says new NPA norms will have minimal impact



BL :MUMBAI, JUNE 5:2013

State Bank of India today said it will have less than 1 per cent impact on its pre-tax balance sheet or around Rs 200 crore annually due to the revised norms on NPAs and restructuring by the RBI.
“Total impact will be around Rs 200 crore a year which will be less than 1 per cent on a PBT (profit before tax) basis,” Chairman Pratip Chaudhuri told reporters on the sidelines of an international banking summit organised by the industry lobby IMC here.
On May 19, the central bank revised the norms on restructuring and NPA accounts, increasing the provisioning percentage on restructured accounts besides making loan recasts tougher by increasing promoters contribution.
Under the new rules, from June 1, banks must set aside provisioning for 5 per cent of the value of a loan that is newly restructured, from 2 per cent previously.
But the regulator said it will not force banks to re-classify loans as NPAs in the event of project delays in the infrastructure and commercial real estate sectors.
To discourage loan recasts, which has more than doubled last fiscal, the RBI had said from April 2015 an account will have to be classified as sub-standard as soon as it is restructured and a standard asset on restructuring would be immediately classified as sub-standard as also non-performing assets.
“All restructured accounts which have been classified as NPAs upon restructuring, would be eligible for upgrade to the standard category after observation of ‘satisfactory performance’ during the ‘specified period’,” the RBI had said.
According to ICRA, banks may have to keep an additional Rs 1,500-2,500 crore as provisions this fiscal for their existing recast loan book.
On the possible impact of reducing deposit rates on retail rates, Chaudhuri said it would depend on what competitors are offering on other instruments.
He also said despite reducing rates on bulk deposits in the recent past, such a possibility on retail rates seems to be remote.
Referring to credit growth in first two months of the current fiscal, Chaudhuri said, “the first half is generally slow. So, it will be unrealistic if we expect higher growth.
We are taking deposits because we think growth will happen in the second half. Growth today is coming from the consumer side.”
On Kingfisher Airlines, Chaudhuri said it will not be possible on his part to comment on a specific account.
He also said it is worrisome to see stagnancy in the industrial sector.
(This article was published on June 5, 2013)

Keywords: RBI, SBI, bad loans, NPA provisioning, restructuring of loans, Reserve Bank of India,

Monday, June 3, 2013

Indian bankers suit up for war on debt defaulters



Debt image via Shutterstock

B S : Reuters  |  Mumbai  June 3, 2013 Last Updated at 08:14 IST

Weighed down by stressed loans of nearly $150 billion and against a backdrop of slowest economic growth in a decade, Indian banks are bringing an unprecedented intensity to their recovery efforts

Fed up with a profitable textile company's failure to repay its loan, India's UCO Bank has taken its grievance public, placing newspaper ads last month that brand the industrialist owner of S Kumar's Nationwide Ltd a defaulter.
State Bank of India (SBI), Bank of India Ltd and Bank of Baroda are also preparing to name and shame corporate borrowers which are not paying them back, bank executives told Reuters.
This aggressive tactic for dealing with bad debt marks a major departure from the traditional laid-back approach of Indian state lenders.
Weighed down by stressed loans of nearly $150 billion - equivalent to more than 10% of bank assets in the country - and against a backdrop of the slowest economic growth in a decade, Indian banks are bringing an unprecedented intensity to their recovery efforts.
"We are going hammer and tongs to recover loans," said M S Raghavan, executive director at Bank of India, which last year began opening debt recovery branches to pursue defaulting borrowers.
In the banks' arsenal of debt recovery tools are the power to seize and sell assets, take deadbeat borrowers to court, sell loans to investors, and beef up debt recovery teams, although a slow-moving legal system and the lack of a bankruptcy process limit their effectiveness.
Officials at state banks, which account for about three-quarters of lending in India, expect the push will cut bad loan ratios by at least 1 percentage point.
Bank of India's non-performing loan (NPL) ratio improved slightly to 2.99% of total assets at end-March from 3.08% at end-December.
"If we don't intensify, nothing is going to come to us," Raghavan said.
Traditionally, Indian lenders, especially those controlled by the government, have tried to nurse customers through tough times by easing terms or "evergreening" loans - giving new loans to pay old ones - an unlawful practice that many in the industry say is common.
In a country where businesses thrive on personal relationships, Indian banks have typically avoided involving the courts or liquidating assets - time-consuming efforts which often yield only minor results.
Even the so-called "fast-track courts" for banks, formed in the last decade, can take more than two years to resolve a case.
The central bank has called for better management of bad debts, and wants to strengthen oversight by lenders.
Indian banks tried to recover on $10.9 billion in bad loans but managed just a quarter of that through liquidation and lawsuits in the year ended March 2012, the latest data from the central bank shows.
Banks are particularly needled by business chiefs who sit on huge personal fortunes, but whose companies fail to repay loans.
In March, Finance Minister P Chidambaram asked state banks to move against rich "promoters" to recover loans from failing companies after a $1.4 billion default by Kingfisher Airlines Ltd , controlled by liquor baron Vijay Mallya.
Targests and texts
S Kumars and its Reid & Taylor clothing brand, well-known in India thanks to its endorsement by Bollywood superstar Amitabh Bachchan, owes $19 million to UCO Bank, according to the Kolkata-based lender's newspaper ad.
Another lender, SBI, in May sent a liquidation notice to S Kumars and Reid & Taylor, said Soundara Kumar, head of the bank's stressed assets management division.
S Kumars and Reid & Taylor founder Nitin Kasliwal did not respond to several phone calls from Reuters.
S Kumars earned net profit of Rs 86.5 crore in the nine months to December, according to a stock exchange filing.
"What we are now beginning to see is incidents of such prosperous promoters and sick companies are increasing. What we have tried to do is simply send a message across," said a senior executive at UCO in Mumbai, speaking on condition of anonymity because they were not permitted to talk to the media.
There is some evidence that public outing as debt dodgers can goad a company into action.
United Bank of India took out a newspaper ad in April to say pharmaceutical packaging firm Bilcare Ltd'soutstanding Rs 51.5 crore loan was in default. Bilcare later said in a stock exchange statement that it was in touch with lenders and was trying to restructure its loan.
Such methods are likely to become more popular, given the absence of a formal bankruptcy law, and the great time and cost of pursuing collection in court.
"Our legal systems move very slowly. We have such a huge number of pending cases in the courts that we are unable to lay our hands on assets that we can recover from," said Shubhalakshmi Panse, chairwoman of state-run Allahabad Bank .
Bankers say errant borrowers often manage to get stay orders from various courts, slowing down the recovery process, and most cases take over two years to be resolved.
Panse said she has given daily loan recovery targets to bank officers and branch managers across India. They send her a text message each day apprising her of the status of those targets.
If borrowers want to stay out of court, they can try the Corporate Debt Restructuring (CDR) Cell, where banks sought to restructure a record $16.6 billion in loans in the year that ended in March 2013, an increase of 38% year-on-year.
Worried that CDR enables both borrowers and banks to escape from bad loans too lightly, the central bank has asked lenders to set aside more money in reserve against restructured loans and begin classifying them as bad, starting in 2015.
In a rare case, lenders recently rejected a proposal by outsourcing firm Spanco Ltd to restructure a Rs 1,300 crore loan through CDR.
Even the powerful Vijay Mallya could not hold Kingfisher's creditors at bay forever. After threatening to do so for months, banks began liquidating collateral for the airline's loans in March, more than a year after its initial default.
"Trying to be tough is a good step given that whatever they have been doing in the past has not been working," said Ismael Pili, banking analyst at Macquarie Securities in Hong Kong.