Thursday, August 24, 2017

Light in the darkness

"It is not a lack of love, but a lack of friendship that makes unhappy marriages."
—Friedrich Nietzsche (German, 1844-1900)
Word for the day
Comstockery (n)
Overzealous moral censorship of the fine arts and literature, often mistaking outspokenly honest works for salacious ones
Malice towards none
How Sikka's resignation from Infy is different from Mayawati's resignation from Rajya Sabha?
 
First random thought this morning
#TripleTalaq reactions
Amit Shah: 50% of Muslim votes are in my pocket!!
NiKu: Thanks god! I escaped the "Secular Ghatbandhan" just in time.
RaGa: Papa why did you do Shah Bano?
MSY: TTT was never an issue. लडकन ते गलती हो जात है|
Lalu & Yetchury : Secularism is in grave danger.

Light in the darkness

Yesterday, I briefly highlighted some of the weaknesses of our judicial system (see here). Though it should be a matter of worry for every righteous citizen, my immediate concern is implication for my investment strategy.
Considering the following trends, I believe that investors need to inbuilt litigation as important factor in their investment strategy.
(a)   The businesses in India are entering the regulatory net at an accelerated pace. In next decade, there will be only a few unregulated businesses left, in my view.
In the transitory stage, it is common to have increased litigation, as both the regulator and the businesses adjust to the new regime. We have seen this in cases of TRAI and CCI, for example. In transition, RERA, GAAR, GST etc. will certainly lead to higher litigation.
While companies need to reform their business strategies to adopt to the regulated regime, investors would need to assimilate the impact of litigation in their strategies.
So far we have seen only extreme panic reactions from traders and investors in case a regulatory action is initiated on a company or group of companies. In my view, investors may need to learn to accept litigation and regulatory actions as a business routine rather than as a stigma.
(b)   The compliance cost of businesses shall certainly rise materially. The businesses that have the benefit of administrative patronage due to historical or political reasons may suffer worst in this case.
(c)    In past, the investor participation in corporate affairs had been minimal in India. With rise in investors' awareness, market participation, institutionalization of holdings, and evolution of strong investor advisory framework, investors participation in corporate affairs shall rise materially in coming years.
This shall certainly help in raising the level of corporate governance from the present standards.
Some good businesses which have historically traded at significant discount to peers, because of poor perception about their corporate governance standards, could benefit from this trend, in my view.
These business under pressure from investors' representatives (institutions, money managers, proxy advisors etc.) shall be forced to amend their ways, hence increasing the returns for investors and rerating of their stocks. We have already seen some such cases in the market.
(d)   An easier route to bankruptcy and removal of socio-religious stigma out of financial defaults, may materially change borrower-lender dynamics in the country. Present valuations and business models of many retail banks and NBFCs may not be factoring this change in dynamics. Investors may need to be cautious about this. ...More on this later.

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