To stem erosion in shareholders’ wealth, the government should sell the FTIL group through the auction route
By Mohan Sule
The explosion of the Rs 5600-crore NSEL scam is a vindication of Sebi’s former chief C B Bhave’s tough stance against promoter Jignesh Shah’s proposal to start an equity exchange after launching a commodity futures bourse. Besides insisting on separating distributors’ commission from investors’ subscription, his crackdown on mutual funds’ unit-linked insurance products had antagonised powerful asset management companies as well as irked the Insurance Regulatory and Development Authority and was the trigger for the setting up of a super regulator by finance minister Pranab Mukherjee, apparently to coordinate between different regulating agencies and avoid a turf war. Denial of extension to him was the collateral damage of the ambition of an aide of the finance minister to see her close relative as the boss of UTI. A vacancy was created at the country’s oldest AMC by shifting the incumbent to the capital market regulator’s office, riding on the campaign launched against Bhave for his inaction in weeding out fake subscribers at subsidiary NSDL, when he was heading the NSE, instead of focusing on the faulty proportionate allotment mechanism applicable for distribution of IPO shares. The plan skidded, when the single largest shareholder of the government-sponsored mutual fund, T Rowe Price of the US, raised objection. The fourth largest mutual funds by assets remained headless for over two years till July this year. The moral of the story is that some of the outrages in the Indian financial world can be traced to political ties. Though MCX-SX got the green light after the promoter agreed to bring down his shareholding to 5% in a predetermined timeframe following a hard-fought legal battle, the truce was facilitated only after there was a change of guard at the finance ministry and Sebi.
The promoter of Saradha chit fund could profit from the pyramid scheme either because of complicity or indifference of local policy makers. The Sahara group promoter has built a diverse empire by offering small savings schemes to the informal sector clueless about the risk and returns correlation and benefiting from a nascent regulatory environment with limited reach and power, confusion between regulators over supervision of overlapping products, and the complex landscape in the politically important home state of Uttar Pradesh. Similary, Ramalinga Raju, the promoter of Satyam Computer Services, had become the face of Andhra Pradesh’s transformation from a agri- and marine-based economy to a hi-tech destination for domestic and foreign investors. His political reach cut across the aisle, enabling him to share a dais with former US president Bill Clinton during the latter’s visit to the state in 2000. While Raju was promptly arrested after his confessional statement to Sebi of having doctored his accounts for many years, Shah has blamed the professional management of the spot commodity exchange. Considering that flagship Financial Technologies India owned nearly the entire NSEL, the inference is that either he was sleeping at the wheel or did not know the difference between a spot and futures market. In fact, Shah’s was a classic derivatives strategy of hedging against both a bull and bear run by running a regulated exchange as an entrepreneurial showpiece and at the same time generating a spurious enterprise for high return.
This brings to the second realisation. The conflict between public interest and making profit is sharper in certain businesses. Stock exchanges, often cited in this context, cannot be run as non-profit organisations if they have to invest in offering seamless services and create a secure environment for trading. Yet, the for-profit objective is leading to consolidation among global exchanges, eliminating price competition. If they cannot be completely eradicated, it is essential to ensure that the damage due to scams is limited. Fast-tracking trial is one of the ways and so also freezing and liquidation of the assets of the manipulator. This may not be fair to the other stakeholders. Therefore, focus on consolidated results is an important lesson for investors. This will prompt closer scrunting of the symbiotic relations between group companies. For instance, flagship FTIL’s profit was being boosted by the illegal gains made by NSEL. To solve the problem of the troubled group, the Satyam rescue could be an ideal template. The government disbanded the board of directors and appointed a 10-member committee of eminent professionals to run the software services producer, hit by a Rs 7000-crore hole in the balance sheet. Later, the IT company was auctioned to the highest bidder. This is what should be done to the FTIL group to prevent further erosion in the wealth of the shareholders and also to discourage the formation of bubbles.
By Mohan Sule
The explosion of the Rs 5600-crore NSEL scam is a vindication of Sebi’s former chief C B Bhave’s tough stance against promoter Jignesh Shah’s proposal to start an equity exchange after launching a commodity futures bourse. Besides insisting on separating distributors’ commission from investors’ subscription, his crackdown on mutual funds’ unit-linked insurance products had antagonised powerful asset management companies as well as irked the Insurance Regulatory and Development Authority and was the trigger for the setting up of a super regulator by finance minister Pranab Mukherjee, apparently to coordinate between different regulating agencies and avoid a turf war. Denial of extension to him was the collateral damage of the ambition of an aide of the finance minister to see her close relative as the boss of UTI. A vacancy was created at the country’s oldest AMC by shifting the incumbent to the capital market regulator’s office, riding on the campaign launched against Bhave for his inaction in weeding out fake subscribers at subsidiary NSDL, when he was heading the NSE, instead of focusing on the faulty proportionate allotment mechanism applicable for distribution of IPO shares. The plan skidded, when the single largest shareholder of the government-sponsored mutual fund, T Rowe Price of the US, raised objection. The fourth largest mutual funds by assets remained headless for over two years till July this year. The moral of the story is that some of the outrages in the Indian financial world can be traced to political ties. Though MCX-SX got the green light after the promoter agreed to bring down his shareholding to 5% in a predetermined timeframe following a hard-fought legal battle, the truce was facilitated only after there was a change of guard at the finance ministry and Sebi.
The promoter of Saradha chit fund could profit from the pyramid scheme either because of complicity or indifference of local policy makers. The Sahara group promoter has built a diverse empire by offering small savings schemes to the informal sector clueless about the risk and returns correlation and benefiting from a nascent regulatory environment with limited reach and power, confusion between regulators over supervision of overlapping products, and the complex landscape in the politically important home state of Uttar Pradesh. Similary, Ramalinga Raju, the promoter of Satyam Computer Services, had become the face of Andhra Pradesh’s transformation from a agri- and marine-based economy to a hi-tech destination for domestic and foreign investors. His political reach cut across the aisle, enabling him to share a dais with former US president Bill Clinton during the latter’s visit to the state in 2000. While Raju was promptly arrested after his confessional statement to Sebi of having doctored his accounts for many years, Shah has blamed the professional management of the spot commodity exchange. Considering that flagship Financial Technologies India owned nearly the entire NSEL, the inference is that either he was sleeping at the wheel or did not know the difference between a spot and futures market. In fact, Shah’s was a classic derivatives strategy of hedging against both a bull and bear run by running a regulated exchange as an entrepreneurial showpiece and at the same time generating a spurious enterprise for high return.
This brings to the second realisation. The conflict between public interest and making profit is sharper in certain businesses. Stock exchanges, often cited in this context, cannot be run as non-profit organisations if they have to invest in offering seamless services and create a secure environment for trading. Yet, the for-profit objective is leading to consolidation among global exchanges, eliminating price competition. If they cannot be completely eradicated, it is essential to ensure that the damage due to scams is limited. Fast-tracking trial is one of the ways and so also freezing and liquidation of the assets of the manipulator. This may not be fair to the other stakeholders. Therefore, focus on consolidated results is an important lesson for investors. This will prompt closer scrunting of the symbiotic relations between group companies. For instance, flagship FTIL’s profit was being boosted by the illegal gains made by NSEL. To solve the problem of the troubled group, the Satyam rescue could be an ideal template. The government disbanded the board of directors and appointed a 10-member committee of eminent professionals to run the software services producer, hit by a Rs 7000-crore hole in the balance sheet. Later, the IT company was auctioned to the highest bidder. This is what should be done to the FTIL group to prevent further erosion in the wealth of the shareholders and also to discourage the formation of bubbles.