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Little recourse for investors |
Whether stocks or debt instruments, retail investors don?t have much in their favour when a firm defaults |
Neha Pandey Deoras / Mumbai Aug 16, 2012, 00:27 IST |
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With the Securities and Exchange Board of India expected to consider the implementation of a 'safety net' for Initial Public Offerings in its next board meeting, retail investors can look forward to some safety in stock market investments for at least the short term of six months.
However, there are a number of other instruments where retail investors do not have much redressal if things go wrong. For example, in the past couple of months, defaults and restructuring of short-term debt has risen. The commercial paper of Glodyne Technoserve was recently downgraded due to the company's weakening financial and liquidity profile. In July, Deccan Chronicle defaulted on short-term non-convertible debentures of Rs 200 crore. As a result, CARE Ratings slashed its debt rating from A1+ to D. These defaults and downgrades have raised concerns over companies' liquidity in the current economic environment.
Mumbai-based lawyer Ajay Sethi says there is hardly anything individual investors can do, as secured creditors get preference over others when the time comes to pay back. Typically, if secured creditors, such as banks, feel the company does not have money to pay up, they take it into liquidation for their dues. The company's assets such as land and other immovable properties are auctioned to raise funds. Any creditor can opt for this but there is a preference order in which each one will be paid. And, the process is frustratingly slow and takes years before it gets solved.
Here's what you can do if you hold of the instruments listed below.
Equity shareholders: If a company goes bankrupt, government creditors such as the income tax department get first preference. Then come secured creditors such as banks and debenture holders, followed by unsecured ones like term deposit holders, preferential shareholders and equity shareholders, explains Anil Harish of Mumbai-based law firm, DM Harish & Company.
Some believe that equity investors should not even expect any returns in case a company goes bust. They are the last of the lot to receive their money, as they take the ownership risk, being stakeholders. As a result, each time a company goes bust, thousands are left unpaid.
Preferential shareholders: Unlike the name, these are debt instruments and carry a fixed coupon rate. These may be convertible, to normal equity shares on a fixed date or unconvertible ones. If the company is taken into liquidation, preference shareholders will be considered to be paid before equity shareholder, but only in case of non-convertible ones, say lawyers.
Term deposit holders: These are unsecured credits you have paid to the company. Says Amit Agarwal, partner at SN Gupta & Co, "Such investors can file a recovery suit. But, this is only if the company is cash-rich and is not paying the investors." Again, the process will take its own time to conclude. Many times, the company may not bother with the recovery suit.
However, if the company is cash-strapped, then any of the investors/ creditors can initiate the winding-up process. Firms such as wine maker Indage, says Harish, paid up at this initiation. Otherwise, the court may hear your process and if it gives a decree in your favour, you can use it to auction the firm's assets. Remember, you will be paid on a pro rata basis, as and when the assets are sold and only in line with the preference order.
Debenture holders: These can be secured or unsecured. Recently, issues of Shriram Transport Finance and Muthoot Finance were secured issues. Many of the secured debt instruments are marked to a trust that pools money for security reasons. Therefore, a secured debenture holder has the right to enforce security against the issuer. That is, they have the right to be paid without taking the company into liquidation. The unsecured debentures are called equity-linked instruments. These may be fully convertible debentures that are not redeemable but converted into equity shares such as preferential shares. Partially convertible ones have some debt component and are not fully convertible. But, the holders of these debentures will get the same treatment as equity, says Agarwal
scores on charges, returns over PPF |
For the self employed |
Yogini Joglekar / Mumbai Aug 16, 2012, 00:31 IST |
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Investors in the New Pension Scheme (NPS) should be a happy lot. In the past three years, fund managers of NPS have given more than double returns compared to the Sensex.
For instance, ICICI Prudential Pension Fund (under NPS) has given nine per cent under the 'Auto Choice' category (see table). Similarly, Kotak and SBI Pension Fund's 'C' class have also given 12 per cent in the past three years. The Sensex has returned 4.35 per cent in the same time. And even bettered Public Provident Fund (PPF) returns of 8.5 per cent.
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So, for the self-employed who scout for avenues to invest in a pension scheme in the absence of an employee provident scheme, NPS is a good option. At present, their other options are PPF, pension products of life insurance companies, mutual fund houses and NPS. As for PPF, you need to withdraw the corpus as a lumpsum. It will not help you with a regular income like pension products do, unless you buy an annuity with the PPF money or invest the money in regular income schemes like monthly income plans of mutual funds or opt for dividend option in some schemes.
Experts feel NPS scores over PPF and other pension products. Suresh Sadagopan of Ladder7 Financial Advisory Services says PPF is not a substitute for NPS. "The self-employed should consider investing in NPS over and above PPF because unlike PPF, you cannot opt for partial withdrawal of NPS till the age of 60." Funds accumulated in NPS will help with regular income on retirement.
Pension funds from asset management companies' stable also works like a retirement fund, that is, helps in accumulation, similar to PPF. The good part being, the accumulated amount is tax-free because of zero long-term capital gains tax on equities.
Two mutual fund houses offer this product as well – UTI's Retirement Benefit Pension Plan and Templeton's India Pension. According to Value Research, UTI's Retirement Benefit Pension Plan has given 9.28 per cent in a year and Templeton's plan has returned 9.13 per cent.
There is no pension plan from life insurers at present. The biggest disadvantage till now was charges, much higher than any of the products. And, after retirement, one-third of the corpus accumulated through the pension plan can be withdrawn tax-free. The rest of the amount will be used to buy an annuity scheme. The annuity received from this corpus is taxed as income if the total amount from annuity and other sources is more than Rs 2.5 lakh annually.
ANNUAL RETURNS GIVEN BY VARIOUS FUNDS As on August 10 | ||||
Asset allocation | 30% Scheme C | 20% Scheme G | 50% Scheme E | Auto Choice for a less than 35-yr investor |
Avg Return | 11 | 8 | 6 | 8 |
IDFC Pension Fund | 9 | 7 | 6 | 7 |
ICICI Prudential Pension Fund | 12 | 7 | 7 | 9 |
Kotak Pension Fund | 12 | 8 | 6 | 8 |
Reliance Pension Fund | 8 | 8 | 6 | 7 |
SBI Pension Fund | 12 | 11 | 4 | 8 |
UTI Retirement Solutions | 9 | 8 | 8 | 8 |
Source: Central Recordkeeping Agency (CRA) (Figures in %) |
Says Sadagopan, "Indivi-duals who wish to take a higher equity exposure, can opt for life insurers' pension funds as there is no cap on the investments they can make in equity." Typically, NPS invests up to 50 per cent of the corpus in equities and the remaining in corporate bonds and government securities.
In terms of charges and returns, NPS scores. It gives tax benefits, too. If you invest in NPS on your own, you can claim deductions under Section 80C. And, you can claim additional deductions under Section 80CCD(2) if your employer also contributes up to 10 per cent of your basic salary in the scheme. Here, the self-employed might lose out as they won't be able to take the additional benefit.
It also allows withdrawal before the age of 60 of up to 20 per cent of the fund value (NPS Tier-II account). But, you will have to stop investment to be able to do that. So, it will help those planning to retire early. You can buy an annuity with the remaining corpus, which will give regular income. You can continue investing beyond age 60. Then at 70, you can withdraw up to 40 per cent of the fund value and use the rest to buy annuity. The tier-I NPS account (does not allow you to make any withdrawals till age 60) mandates a minimum annual contribution of Rs 6,000.
NPS charges a nominal fund management fee of 0.0009 per cent, far cheaper than any other avenue, says Suresh Agarwal of Kotak Life Insurance. Mutual funds can charge up to 2.25 per cent, life insurers can charge up to 1.35 per cent.
NPS may see a revision in fund management fee to 0.25 per cent by end of this year. An official from one of the pension fund managers says even then NPS will remain the cheapest pension product.
CJI tells govt: Don't tinker with the Constitution | |||||||
DNA Correspondent l New Delhi | |||||||
SH Kapadia, chief justice of India, cautioned the government on Wednesday against "tinkering" with the Constitution for making the judiciary "accountable" through a law. Kapadia is sceptical of the competency of those who draft legislations "in our country". "We will take a very big risk and we will disturb the constitutional balance, which we will regret," he said at an Independence Day function hosted by the bar association of the apex court here on Wednesday. Kapadia was possibly referring to the Judicial Standards and Accountability Bill, which has been passed in the Lok Sabha and is pending in the Rajya Sabha. A clause in the bill says: "No judge shall make unwarranted comments against the conduct of any constitutional or statuto ry institution or officials at the time of hearing matters in open courts during the course of hearing matters." The bill allows people to complain against corrupt judges, but has been facing criticism for this provision which jurists says would "virtually gag" judges in open courts. "The government may make law for making judges accountable. We are not afraid of that. But it should not tinker with the very constitutional principle of judicial independence," he said. His observations assume significance in view of the prime minister's remarks at the Red Fort declaring that the government would continue to strive for bringing in more transparency and accountability in the work of public servants and to reduce corruption. http://epaper.dnaindia.com/story.aspx?edorsup=Sup&ed_code=820009&ed_page=9&boxid=15037&id=24847&ed_date=08/16/2012
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Should you bet on NPS? |
Continued from Page 13 The restriction on withdrawals is a sore point, too. "The fact that there are withdrawal limitations will work well for someone in the low income group. But for any other investor, this doesn't augur very well," says Harsh Roongta, chief executive officer apnapaisa.com. The preset maturity date at 60 may not stack well either. "For anyone who is entering beyond 55 years of age, this will not work out very well," says Suresh Sadagopan who runs Ladder 7 Financial Advisory Services. Should you go for it? NPS may not be the best retirement product, suggest experts Roongta, for one, believes the scheme will become an attractive investment once the Direct Taxes Code kicks in. As per the proposed draft, NPS, provident fund and superannuation schemes will get tax breaks up to `1 lakh per year. "When this hap pens, NPS will be the only scheme with an equity component on which tax benefits will be available," says Roongta. Even so, it would be advisable to cap investments in NPS subject to the limit to which the tax break is available, he adds. Alternatives to NPS Taking a pension plan with the idea of wealth accumulation is not a smart game plan, say experts. A combination of the good old PPF, EPF, mutual funds may work better, they suggest. Of course, there are withdrawal limits even in the PPF. However, the returns are assured and the maturity amount is tax-free. It's the same with EPF investments, which are tax-free beyond five years. As for mutual funds, retirement planning is best done through the systematic investment plan, or SIP, route. |
Fixed-benefit health plan can keep claim surprise at bay | ||
Rajiv Jamkhedkar | ||
It is surprising to know that health insurance penetration in India is as low as 5%. The common man is either unaware or often confused while opting for a health insurance plan. On the other hand, the costs of healthcare are rising by the day, making health insurance almost mandatory for an average Indian. Technology and treatments have improved, no doubt. Evolving technology in medical sciences has offered better treatments. However, it has made access to these treatments more expensive and often unaffordable for the Indian middle-class. Customer concern The customer is faced with a vast array of health insurance plans with complicated benefit structures. The choices are huge with benefits, exclusions and renewability, creating a confusing number of options. In such a scenario, customers are often at a loss at making a choice, and rely on the advice of their agent or broker. A large number of people actually buy a health insurance plan without ful ly realising what they have actually bought. The moment of truth occurs at the most inopportune time that is when a person is in the hospital and needs money to pay the bills. Typically, there are a number of charges included in the bill like - room rent, doctor's consultation, surgery, medicines, tests, food, etc. All of these put together amount to almost emptying the wallet. Unfortunately, that is very often the time when people discover the exclusions in their health insurance plan and the complex way in which the payouts pertaining to the claim are calculated. The actual claim paid is very often, much less than the actual expense incurred. This leaves the customer feeling shocked and let down. Hence, the key concerns faced by buyers of health insurance are worries about getting the full claim amount and coverage of all surgeries. In truth, it is not the intention of the insurance company that customers have a poor claim experience and be out-of-pocket. The lack of customer knowledge, at the time of purchase, is one of the major reasons for this gap. What is a fixed-benefit health plan? Keeping this factor in mind, a few insurance companies have launched fixed-benefit health plans to take the 'surprise quotient' out of the claims process. A fixed-benefit plan is a health insurance plan that is focused on helping customers meet the cost of two major heads of medical expenses, that are hospital room charges and cost of surgery. Such plans pay a fixed per diem amount to cover room costs and pay a fixed amount depending on the category of surgery. These plans do not, as a rule, cover the cost of consultation, medication, pathology and radiology. How does it work? As the plan covers just two elements of medical expense, that is the hospital room rent and surgery, the insurance company is able to fix the benefit payable to the customer in the case of any of these two events. Hence, the plan will have a fixed payout for each day of hospitalisation and a fixed payout for different categories of surgeries. These are called fixed payouts because the customer, in the case of a valid claim, will get this amount from the insurance company, irrespective of the actual expense incurred. That means, a customer can calculate the approximate level of claim allowable even before stepping into the hospital. This takes the surprise element out of the claims process. A market research conducted shows claims to be the number one factor for customer dissatisfaction in the case of health insurance. In addition, a fixed-benefit health plan usually does not require the original documents to lodge a claim. Copies of the original documents can be submitted to process claims. This makes it an ideal supplemental health plan. In case the coverage from employers insurance or a customer's existing health plan is inadequate, this kind of health plan can be used to fill the gap. A fixed-benefit health plan is meant fo r customers who want to buy an unambiguous product with clarity in terms of the claim process as well as exclusions. Furthermore, people looking for a supplemental health plan would be well advised to consider a fixed-benefit health plan rather than another indemnity product. How to choose Fixed-benefit health plans are available with differing levels of coverage. Customers should choose a plan that suits their needs best. Before opting for a fixed-benefit health plan, other factors that are worth considering are: P Coverage of a maximum number of surgeries; P Cashless facility; P Have a wide network of hospitals; P Important riders like critical illness; P Flexibility in terms of covering the entire family or gift it to siblings or in-laws; P No-claim benefits; P Quantum of family coverage, that is, floater versus individual members coverage; P Least waiting period for claims and renewability Keeping all these factors in mind while choosing a fixed-benefit health plan will ensure that customers have a genuine no surprises experience. The writer is managing director and chief executive officer, Aegon Religare Life Insurance Common issues in risk practiceThe combined impact of credit and market risk needs to be looked at, to provide for and protect capital. We have accepted for quite some time that change is the only constant, and now 'uncertainty' also seems to have been added to the list of variables, observes Mr K. Shyamsundar, Consultant, Risk Practice, TCS, Chennai. "Risk management is essentially about managing uncertainty. Risk is embedded into the basic business operations across industries and it is at the core of the financial services industry," he adds, during a recent interaction with Business Line. Excerpts from the interview in which Shyamsundar shares his personal views on the subject of risk practice. First, an overview of where risk practice fits in GRC. 'Governance, risk and compliance' (GRC) relates to having in place a self-motivated mechanism for the introspection of primary business objectives, strategies, policies, procedures, combined with an effective oversight and control monitoring component, which will have an efficient risk management function as well as ensure meeting all compliance requirements. Risk management is the key component in the overall GRC spectrum whose stakeholders include investors, board members, risk managers, governance and compliance officers, regulators, customers, suppliers, and the society at large. What are the common issues that arise in risk practice? Disintegrated/fragmented risk practices, processes and systems are the fundamental challenge. For example, credit and market risk used to be considered separate; only recently it is recognised that their combined impact needs to be looked at in order to provide for and protect capital. Operational risk integration is still in its initial stages. Compliance requirements across the globe are increasingly complex and dynamic and compliance cost has therefore been on the rise. A very significant challenge is of data governance and processes, and technology integration. Data governance and management aspects include data quality and accuracy, consistency, and reduced reconciliation effort. The technology architecture of organisations has evolved over time, with multiple legacy applications, and non-standard interfaces which make them rigid. For example, a large investment bank found that a minor change in a regulatory reporting requirement had a huge cost impact on its risk platform. Many financial institutions are going through risk and finance transformational programmes which attempt to resolve the challenges. Further, leveraging the compliance investments in technology and processes is a significant challenge to ensure adequate RoI (return on investment). How different are the contemporary issues, compared with the earlier ones? Increased complexity in business operations due to market and customer behaviour, technology innovations that have forced institutions to change their approaches to create and maintain customers, globalisation and disintermediation, and creative financial products with the avowed claim of reducing risks, are some of the key changes. Risk management concepts and practices have tried to keep pace with the expansion, though concepts such as Value at Risk (VAR) matured decades ago. In recent times, when risk-taking combined with unbridled greed, the entire financial ecosystem collapsed, to the surprise of the stakeholders such as the regulators, rating agencies, and auditors. Governments are still trying to do their best, with political challenges adding to the lack of consensus-building on financial remedial measures. Traditionally, credit and market risk management were the focus areas. Increased complexity, catalysed by the failure of control over processes, and the executives becoming more avaricious and adopting fraudulent methods sowed the seeds for operational risk to become a separate risk component. Liquidity risk cannot be termed new as a concept, but the failure of the existing risk mechanisms has forced it to assume significance. When the impact of these failures crossed the banking borders in Wall Street to a sheep farmer in New Zealand it became systemic; and 'systemic risk' and 'sustainability risk' emerged. One may, therefore, say that the only thing constant is that more risk components can be expected in future. When regulators were more reactionary than taking preventive action, public faith eroded; and 'governance and its deficit' became the mother of all buzzwords. Unfortunately, the buzz is the reality. Like history, regulators also keep repeating their approaches from Glass-Steagall to Volcker in separating investment (high risk) and commercial (traditional/low risk) banking. Examples of how enterprises approach these issues. Organisations have been approaching the challenges in different ways. They range from evaluating the existing oversight/assurance process, to identifying key fragmentation causes which result in silos, and integrating disparate technologies. For instance, a large Wall Street bank has considered operational risk as the key focus area and controls assessment as a subset. A big European investment bank is looking to integrate its risk and finance functions which have been built over several decades. One of the leading Indian banks is preparing itself aggressively to adopt advanced approaches of Basel guidelines by investing considerably in architecting an integrated enterprise-wide risk architecture. A few dos and don'ts in risk management. Dos: • Ensure executive management (the board, CxO) commitment on a longer time horizon. • Closely mesh GRC and business sustainability. • Have an effective oversight/assurance component firmly in place. • Identify root causes of fragmentation and overlaps in processes, policies, systems which create silos, and close the gaps. • Adopt technology in the right manner with a focus on an integrated enterprise-wide architecture. • Communicate effectively across the organisation. Don'ts: • Aiming at 'quick wins' and getting the low-hanging fruits from an RoI perspective. • Considering GRC as an overhead expense alone rather than leveraging the investment to gain business benefits. • Having a reactionary culture and waiting for things to happen; sometimes a series of small events happening in different silos can cause damage to the whole enterprise and to the financial ecosystem. • Accepting past mistakes and trying to justify them. • Pushing to the background basic ethical and human aspects in business priorities while evolving the GRC pillars. |
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