Tuesday, May 27, 2014

[aaykarbhavan] Business Standard and Business Line updates



 

Source  Business  standard

 

After private companies, Sebi wants PSUs to have 25% public float


JAYSHREE PYASI & SAMIE MODAK

Mumbai, 27 May

Having successfully implemented the 25 per cent free- float norm for private companies, the Securities and Exchange Board of India ( Sebi) now wants the government to pare its holdings in publicsector undertakings ( PSUs) to below 75 per cent. According to sources familiar with the developments, the securities market regulator has already written to the finance ministry proposing the minimum public shareholding ( MPS) be raised from 10 per cent to 25 per cent, to level the playing field. The regulator is likely to set a three- year timeframe for PSUs to meet the 25 per cent MPS requirement to avoid crowding out.

"The matter has been discussed with finance ministry officials and will be presented to the new finance minister shortly," said a person with direct knowledge of the development.

At present, there are about 30 PSUs with government holdings of more than 75 per cent. By current market rates, nearly 60,000 crore worth of stake would have to be offloaded by the government in these companies to meet Sebi's higher MPS requirement. The government will have to sell 36,371 crore worth of shares in Coal India to bring down promoter holding from 89.65 per cent to 75 per cent.

Some of the other major companies where the Centre holds more than 75 per cent stake are NMDC, NHPC, SAIL and MMTC.

Sources indicated the final discussion on the matter could take time, as the finance ministry would consult other ministries before accepting Sebi's proposal.

Turn to Page 17 >

Govt might have to pare 60,000 crore worth of holdings in 30 companies in three years


Click here to read more...Turn to Page 17 >

 

Click: Article continued from…After private companies,


After private firms, Sebi...
The deadline for 25 per cent MPS requirement for private  companies had ended in June last year, while the deadline for the government to pare its holding to at least 90 per cent in PSUs was August 2013.


The public- float requirement had come into play in June 2010, after Sebi amended the Securities Contract (Regulations) Act.

The regulator had taken action against more than 100 private companies, their promoters and directors for failing to achieve the 25 per cent public float within the stipulated period. Almost all PSUs had managed to meet the 10 per cent public- float requirement before their August deadline. However, Sebi had allowed the government to transfer its holding in excess of 90 per cent in ' sick PSUs' to a special fund.

The rationale for having at least 25 per cent public float is to curb stock price manipulation and to promote wider participation from investors.

 

Norms for Depositor Education and Awareness Fund


The Reserve Bank of India has notified Depositor Education and Awareness Fund Scheme, 2014. Banks will calculate balances in accounts ( inoperative accounts and balances remaining unclaimed for 10 years) along with accrued interest a day prior to effective date ( May 23). They will transfer such amounts to Depositor Education and Awareness Fund ( Fund) on June 30, 2014. Subsequently, banks will transfer the amounts becoming due in each calendar month and interest on the last working day of subsequent month.

BS REPORTER

 

Source  Business  Line

A new deal for public sector banks?

ASHOAK UPADHYAY

The PJ Nayak Committee wants to shift regulatory functions away from government. Will the new finance minister bite?

One of the issues that has worried policymakers and the Reserve Bank of India over the past two years has been the pile-up of bad loans and their effect on bank balance sheets, particularly public sector banks.

On Monday, a story in this newspaper informed us that banks are busy doing something about their burden by selling assets of defaulters to the Asset Reconstruction Company of India (ARCI).

According to the company's Managing Director and CEO, 2013-14 saw a dramatic rise in asset sales — 4,400 crore, from just 780 crore the previous fiscal.

The reason for this initiative that cuts across PSBs — from Indian Bank to the SBI — is the central bank's notice some months ago to banks about taking action on unrecovered loans even before the 90 days grace period after which loans are declared bad.

Now the RBI wants banks to consider the option of asset sale if the borrower has delayed payment on loans by more than a month.

Reckoning time

This spurt of action should provide a kind of context to the PJ Nayak panel's recent report on bank board governance. The panel was constituted by the RBI on January 20. No doubt, the report will be placed before the new finance minister.

It is difficult to guess just how the new government will receive the Nayak recommendations on how PSBs and private banks should be run. The committee finds considerable faults and weaknesses in bank board governance -- faults and constraints that impede the functioning of banks in an era of fierce competition, premium on profitability and high risk.

The starting point for the committee is to identify those constraints on public sector banks which their private counterparts don't have. "These constraints encompass dual regulation (by the finance ministry, and by the RBI, which goes substantially beyond the discharge of a principal shareholder function)…"

The committee has in mind "the manner of appointment of directors to boards; the short average tenures of Chairmen and Executive Directors; compensation constraints; external vigilance enforcement; and applicability of the Right to Information Act."

Once these external constraints are removed, avers the Committee, the banks will have the space and atmosphere to tackle the internal constraints and increase competitiveness.

It is interesting that among other things, the committee should list the RTI Act as a deterrent. Look across the spectrum of services Indian citizens are offered and you will find a similar sentiment expressed by bureaucrats and even prestigious higher educational institutions.

This is, of course, an excuse to retain privilege. If banks work well and if civil servants do the same, they should not be afraid of public scrutiny.

No privatisaton

At this point, one might think that the Nayak Committee is talking about privatisation. Its concerns, however, seem to lie elsewhere. The need is to design "a radically new governance structure" that will enable banks to raise capital not from the government but elsewhere and help fiscal consolidation.

The objective is to move banks closer to Basel III norms that emerged in 2010 primarily as a result of the financial collapse and the ongoing struggle by banks the world over to find their feet.

So the norms are more stringent, they require higher levels of capital adequacy to deal with future shocks and improve risk management. The deadline has now been extended to 2018 so that banks have adequate time to restructure.

Since the government should not provide financial succour given its deficit, banks will have to find other sources of capital to adjust to Basel III; they also have to internally restructure governance to deal with the other Basel III requirements dealing with capabilities to cope with financial crises.

Of course, Basel III norms have met with criticisms from those who think its regulatory overweight may turn off the spigot for loans.

For instance, the United States Federal Deposit Insurance Corporation would like a more strict leverage ratio than that suggested by Basel III. But the key issue is that regulation is important and that the Nayak committee has recommended a new structure for the purpose.

Replace FM with BIC

What it would like is for the government to distance itself from "several bank regulatory functions it discharges." To do this, it would like the repeal of the Bank Nationalisation Act of 1970 and 1980, SBI Act and that relating to its subsidiaries; all banks should be incorporated under the Companies Act. The government's holdings should be transferred to a Bank Investment Company (BIC) along with its regulatory functions.

The government's holdings in PSBs should come down to less than 50 per cent, but it can and will remain the dominant partner. But its regulatory functions will now pass to the BIC.

The key lies in the appointment of boards and senior officials in banks. Right now the finance ministry plays big brother with most appointments of bank chiefs. Under the new dispensation, a Bank Boards Bureau would deal with senior level appointments till the BIC is formed.

Eventually, at the end of a three year process, however, the responsibilities would rest with the boards themselves. As for the RBI, it would continue to assess risk-based assets and do its periodic and random search of the asset quality of banks.

In effect, the new proposals aim at easing the government away from its dominance in regulatory functions and board appointments; that would be passed on to a proposed BIC and eventually to bank boards.

The RBI would continue its vigilance on asset quality.

Will the new administration bite the bullet? The control of banks is also a source of political power. It allows the government through the finance minister to dispense favours and exercise behind-the-curtain authority through the CVC and the CBI.

Which government would like to give that up — even in the name of "development"?

(This article was published on May 27, 2014)

 


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CS A Rengarajan
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