Monday, July 8, 2013

2 habits that could get you in deep financial trouble











FP Editors Jul 8, 2013
They say habits can change the direction of your life. And, whether habits can change the direction or not, some habits surely cost you a lot. Take for instance drinking, or smoking. According to a report in Business Standard today, not only do these habits have an adverse effect on your health, but even getting a health cover when you are a smoker or a hard drinker isn’t easy.
So, if you are a smoker, there is a good possibility that if you exceed a particular number of cigarettes a day, the insurance company may ask you to go through additional medical check-ups. In the future, insurers may even charge a higher premium, that is 15-20 percent higher. In fact, even now many insurers could refuse to give you a policy. After all, smoking makes you a riskier customer.
Reuters
If you also drink, it is a double whammy for you. Reason being those two things in combinations increase your risk of disease. These diseases could be diabetes, kidney failure, even heart disease and the like. And, if your medical test shows even a hint (like high cholesterol levels) of future complications, you should be prepared to pay more as insurance premiums.
Reuters
The report quotes Rajeev Kumar, chief and appointed actuary of Bharti AXA Life, as saying though smoking and drinking are important parameters, they are never really taken in isolation, instead factors like family health history body mass etc are also taken into account. This means, you might have to go through some additional medicals tests as well, like a Liver Function Test and the like. In short, either you avoid smoking and drinking or simply be prepared to pay more as premium amounts. Read the full Business Standard story here.
Firstpost Take: Whether to smoke and/or drink is your call. If you don’t do so, there are two benefits, one it makes you healthier, second insurance cover isn’t too much of a headache. If you choose to smoke and/or drink, be prepared to pay more for insurance premiums, undergo additional test, as well as have more exclusions in your policy. We won’t tell you if you should be a smoker and/or drinker or not. But we will tell you one thing, if you are a smoker and/or drinker, for your own sake, do not lie on your insurance proposal form. To know why, read this Firstpost story.

Why smokers should not lie on their insurance form

 F P :Bindisha Sarang Jun 7, 2013

If you are a smoker, you better not lie about your smoking habit on your insurance proposal form. Don’t be shocked, people do lie. Sample this: Firstpost  did a dip-stick survey and found that nearly 66.6 percent of the respondents said they would lie on their insurance proposal form, about their smoking habits.
Interestingly, the reasons for withholding such an important detail is varied. “I am a social smoker and that doesn’t matter,” one of the respondents said.
“If I mention that I smoke, they would exclude the smoking-related diseases from my insurance cover,” another one said. “I don’t want to pay extra just because I am a smoker,” pointed out yet another.
There a few things you need to know as a smoker:
Representational image. Reuters
Representational image. Reuters
Life Insurance: Anuj Bhagia, CMO, Policybazaar.com, said, “Generally, when it comes to a term life cover, a smoker has to pay 10-15 percent higher premiums, compared with non-smokers.” For instance, if a term life insurance for a smoker costs Rs 18,090, the same policy would cost a non-smoker Rs 11,910.
Health Insurance: As far as health insurance goes there aren’t any differential premiums for smokers and non-smokers. In a recent interaction, Shankar Nath, head-marketing and director, ICICI Lombard GIC Ltd, said, “As of now, insurance companies do not charge a different or higher premium to smokers.” However, things might change in the future. Looking at global trends, even Indian insurance companies will eventually start charging smokers higher premiums.
What happens when you lie
All insurance proposal forms ask you whether you are a smoker. This is true for both life as well as medical insurance. Based on the information you provide, the insurer decides the type of risk your account has, and they do underwriting math accordingly.
“If the insurer finds out later that you have lied about your smoking habit and you die due to lung cancer or any related disease, there is a good possibility that the claim would be rejected. Since the claim amount is very large with life insurance, you should be double sure that you don’t provide misleading information on the form,” Bhagia said.
Even for health insurance experts agree that any kind of misleading or withholding of information on the proposal form, may affect the chances of getting the claim amount. Pankaj Mathpal, a Mumbai-based Certified Financial Planner, says, “Any kind of misleading information or lies on the proposal form, can be an issue later on. You should never lie about anything, even habits of smoking and drinking. When the time of claim arises, you don’t want your family to suffer.”
But isn’t there a contestable clause for life insurance? “Many people misinterpret the contestable clause. They think if I lie on the form and not get caught for two years, the company cannot contest my claim. That’s not what the clause means. Simply put, it’s a period of time during which the insurer may contest or void the policy, provided the information provided by you is true. If there is element of fraud or lies or misrepresentations, your claim could be refused,” Mathpal says.
Before buying a policy, usually you have to undergo a medical test, but at times that may not be the case. Even if you are not presently a smoker and have not smoked for many years, it’s better to mention that in the past you have been a smoker.
Of course, the insurance sector has been known for mis-selling insurance policies. There have been instances where insurance agents themselves have told consumer to avoid mentioning about smoking habits. We suggest you get rid of the agent, and ensure you say the truth and nothing but the truth about your smoking habit on the proposal form.

Saturday, July 6, 2013

Non-performing assets in banks a matter of concern: Subbarao



RBI Governor D Subbarao. AFP








Chennai:First Post : 4 July 2013 
The Reserve Bank of India today said the growing non-performing assets in the banking sector is a matter of concern and steps are being taken to bring it down as soon as possible.
“Together NPAs and restructured assets are increasing and are quite sizable. It is a matter of growing concern … The Reserve Bank and government have taken all action necessary to ensure that NPAs come down as soon as possible,” RBI Governor D Subbarao told reporters in Chennai.
RBI Governor D Subbarao. AFP
Non-performing assets (NPAs) of banks have been going up for the last two years due to slowdown in the economy.
The gross NPAs of some public sector banks, including State Bank of India and Punjab National Bank have crossed 4 percent of the total assets at the end of March, 2013.
Gross NPAs of public sector banks have risen from Rs 71,080 crore as on March 2011, to Rs 1.55 lakh crore as on December 2012.
Subbarao further said the Indian banks are well capitalised.
“They would be able to withstand substantial shocks to the system,” he added.
After meeting chiefs of public sector banks, Finance Minister P Chidambaram on Wednesday said they have been asked to focus on their top 30 non-performing accounts and take action for recovery against the wilful defaulters.
“They are keeping a close watch on top 30 NPA accounts in each bank and action will be taken to recover especially when there is a case of wilful default,” he had said.
PTI

Tribunal had no power to modify stay order which was merged with the order of High Court

Taxmann :Thursday, July 4, 2013



Where stay order passed by Tribunal had been challenged before High Court,
 such order stood merged with order of High Court; 
thereafter, Tribunal had no power to modify such merged stay order

In the instant case, the Tribunal vide its stay order directed the assessee to make pre-deposit of certain amount and report compliance.
 Against the said order, the assessee filed writ petition before the High court.
 The High Court only allowed credit of earlier payments to be taken by the party towards pre-deposit ordered by the Tribunal. 
Further, the High Court granted four weeks time to deposit any balance amount and submit proof thereof to the Registry of the Tribunal.
 In these circumstances the assessee again filed a miscellaneous application to the Tribunal seeking modification of the stay order.

The Tribunal rejected the application 
with following observations:

1) The plea made by assessee in miscellaneous application amounted to a plea for modification of original stay order which had already merged with  the order of High Court;

2) The Tribunal was incompetent to modify the stay order.
 The assessee had not complied with the time-bound direction of the High Court either. 
There was neither clear statement of any payments made by the assessee, nor there was any claim of further 
payments within the prescribed time towards pre-deposit ordered by the Tribunal;

3) In the above scenario, the miscellaneous application was rejected - 
Choice Precitech India (P.) Ltd. v. Commissioner of Central Excise[2013] 34 taxmann.com 194 
(Bangalore - CESTAT)

Banks' profitability likely to come under pressure




BE :Manojit Saha  |  Mumbai  July 3, 2013 Last Updated at 21:36 IS
Amid rising NPAs, the sector may face headwinds from higher provisioning, lower treasury gains & margin pressure

On Wednesday, the Reserve Bank of India (RBI) proposed - in a draft circular - that banks have to make provisions on the unhedged currency exposure of a corporate borrower. Unhedged foreign currency exposures of corporate borrowers is an area of concern for the regulator in the wake of the sharp depreciation of the rupee. 

Unhedged foreign currency exposures can result in significant losses to companies due to exchange rate movements. These losses might reduce their capacity to service the loans taken from banks and thereby affect the health of the banking system.

In several interactions with the bankers, RBI had indicated that merely 40-50 per cent of corporates' exposures are hedged. Large banks are likely to be impacted the most if the proposal is implemented. RBI has suggested additional standard provisioning of 20 basis points to 80 basis points depending on the unhedged portion.

"We believe the initial impact would be mainly on larger banks (public sector banks like State Bank of India, Bank of Baroda, Bank of India and Punjab National Bank and private banks like ICICI Bank, Axis Bank and HDFC Bank) as they are actively involved in lending through foreign currency, especially long-term loans," Kotak Securities said in a note to its clients.

A report by Emkay Global estimates an impact of three-six basis points on the return on assets for public sector banks while the same for private banks would be lesser.

Banks are facing higher provisioning on restructured advances also, with the central bank implementing the Mahapatra committee recommendation. From June 1, fresh restructured standard assets will attract provisioning requirement of five per cent, as compared to 2.8 per cent earlier.


 The full impact of the increase in provisioning will be felt in the September quarter. Also, for the existing restructured assets portfolio, the provisioning has to be gradually raised to five per cent by March 2016.

There is some pressure building up on the treasury front also as yields on government bonds have started hardening on expectation that RBI will hold the key rate again in the first quarter review of monetary policy scheduled end of July. This should also reflect in the treasury income of banks in the September quarter. 


The rate cut hope was dashed following the sharp depreciation of the rupee which is the worst performing Asian currency since April. A fall in the rupee impacts inflation and inflationary expectation adversely since the country heavily depends on crude oil imports.

Net interest margins of the banks are also likely to see some pressure in this quarter as banks will start cutting interest rates on loans or their base rates. However, since deposit growth is sluggish it may not be possible for banks to cut the deposit rates and even if some rates are revised, it will be only for new depositors. A change in the base rate cut impacts both existing and new borrowers.

On the whole, since public sector banks have higher share of restructured assets, the impact for them will be higher as compared to private sector banks.

The Mehta who surprised Mallya



 BE :Dev Chatterjee  |  Mumbai  July 6, 2013 Last Updated at 00:56 IST

Untill early this week, not many outside the Indian fertiliser sector had heard of Sailesh C Mehta, 52, chairman and managing director of Pune-based Deepak Fertilisers and Petrochemicals

Like the company, Mehta also kept a low profile. 

In fact, he is known among peers as "overcautious". 

So his move to take on UB Group ChairmanVijay Mallya for control of Mangalore Chemicals & Fertilizer (MCF) has taken everyone by surprise.

"We wanted to make some noise about this acquisition," says a group insider about the 24.46 per cent acquisition, worth Rs 180 crore, in MCF. "We had first made a friendly gesture to take over the company but the UB group was not interested."

The acquisition bid has taken UB Group by surprise, as it was planning to sell MCF to Saroj Poddar of Zuari Agro. Poddar already owns a 10 per cent stake in MCF. Of Mallya's 22 per cent stake, 11 per cent is pledged with banks and financial institutions. MCF became a target after UB Group began facing liquidity issues after the collapse of its Kingfisher Airlines.

This is when Mehta, who took over as chairman of Deepak from his father last October, saw an opportunity and decided to take the plunge.


 An offer was made to UB. Mehta's company has presence in Gujarat, Haryana, Madhya Pradesh, Punjab, Uttar Pradesh and Maharashtra.

 A takeover of MCF would give it access to urea and non-urea capacities of 380 billion tonnes and 26o billion tonnes, respectively, and access to the Andhra Pradesh, Karnataka, Kerala and Tamil Nadu markets.

A Deepak Fertilisers insider said: "Our offer was a win-win deal for both companies and we think this is a good fit with our business."

But by taking on Mallya, who has fought many a 


corporate battle and won many, has Mehta bitten off 

more than he can chew?

"There has to be some understanding between Mallya and Mehta on Deepak Fertilisers," said a banker who worked closely with Mehta.


 "Mehta is not the sort of person who will go for a hostile takeover bid. I am expecting a lot of negotiations in the next six months between Mallya and Mehta over MCF."

Here, the banker said, the experience of JM Financial's Nimesh Kampani would come handy, as he is close to both Mallya and Mehta.


 JM is the advisor to Deepak Fertilisers and was also advisor to UB's Diageo for its United Spirits' deal. Kampani is also on the board of Deepak Nitrate and shares a close bond with Mehta's father, the founder of the group

Deepak Fertilisers declined to comment but insiders said the company was ready to negotiate. Deepak would make an open offer soon to other shareholders, the sources said, as they were close to the threshold limit of 25 per cent shareholding, which triggers a compulsory open offer.

Mehta, who has a management degree from Texas, took over as managing director in 2002, and chairman in October 2012, after his father, C K Mehta, decided to devote more time to social work. The Mehtas own 43.32 per cent Deepak Fertilisers.

But it's not MCF alone that is occupying Mehta's time these days. He is also busy developing new businesses, including constructing a mall in Pune and exporting fruit and vegetables across the world. His brother, D C Mehta, runs Deepak Nitrate, another group company. The next six months will decide whether a hitherto cautious Mehta was right about making a grab for MCF or not.


WHO IS 
  • 1991 Joined family-owned Deepak Fertilisers, Pune
  • 2002 Took over as managing director
  • 2005 Elevated to vice-chairman and managing director
  • 2012 Became chairman and managing director

Finance Ministry asks banks to have independent corporate debt restructuring oversight panel



Press Trust of India | Updated On: June 07, 2013 00:27 (IST)

Mumbai: To restrict the use of loan restructuring mechanism only to deserving cases, the Finance Ministry on Thursday asked bankers to have an independent oversight committee that will vet the corporate debt restructuring (CDR) applications.

Financial Services Secretary Rajiv Takru asked banks to have the committee consisting of an expert from the legal field, investigative agencies and a finance professional, to make sure that there will not be any scope for allegations.

"An independent oversight mechanism which will not have any government representative or any serving banker, but some experts who can scrutinise from the correctness point of view whether the case referred is genuine," Mr Takru told reporters on the sidelines of the Skoch summit in Mumbai.

The proposal comes amidst allegations of banks using CDR mechanism - under which the repayment tenor of a loan is delayed - to take care of a borrower's temporary needs in times of stress. CDR cases have more than doubled in the past fiscal and are set to increase further this fiscal year.

According to the CDR cell, as on March 31, 2013, loans worth Rs.2,29,013 crore, or 401 companies' loans, were restructured, which is more than double the amount from FY12.

Last week, the RBI had increased provisioning for the recast loans massively and also made 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.

Under the newly revised norms, loans classified as sub-standard would attract a provision of 15 per cent, against the current 10 per cent. For unsecured loans classified as sub-standard assets, an additional 10 per cent provision would have to be made over the current 15 per cent.

Thus, total provisioning for sub-standard unsecured loans would now be 25 per cent, against 20 per cent earlier.

Mr Takru cited a recent case of a corporate conniving with lenders to get its loans restructured and immediately approaching the Board for Industrial and Financial Reconstruction in two months which froze the repayment, so the promoter got away scot-free with the money.

Going to the CDR committee will be non-mandatory for a bank and the committee will act as a pure advisory body, helping the bank vet a particular case, he said.

To be impartial, the officers in the committee should be hired by the Indian Banks Association itself, Mr Takru said, adding the government has some names in mind.

Additionally, on the gross NPAs, which have declined to 3.5 per cent as of March from 3.9 per cent at the end of the preceding quarter, Mr Takru asked banks not to show any flexibility.

In case of provisions of the SARFESI Act being used, the bank should issue auction notices of the asset as soon as possible and dispose of the asset. In case they are not able to get the reserve price, they should take over the asset and place it in their books, to be sold at a later date once the market revives, he said.

He also said while lending, banks should make sure that they have a collateral at least of the equal value as the loan amount, in order to not getting hit by NPAs in the future if the account turns bad.

He also asked banks to submit the reports on agri debt waiver by June 30, but added that they have not found any substantial violations in agri debt waiver cases.