Showing posts with label IBC. Show all posts
Showing posts with label IBC. Show all posts

Tuesday, March 24, 2020

Some random thoughts

Making IBC little more pragmatic
Last week while on a visit to Mumbai, I noticed few aircrafts belonging to the now defunct Jet Airways parked on the airport. The aircrafts had gathered lot of dust and pigeon crap. I believe it's more than a year since these aircrafts must have been parked there. The owner/lessee of these aircraft owes billions of rupees to various lenders and operational creditors. The company is undergoing the bankruptcy proceedings and apparently so far no buyer has shown any interest in acquiring the company.
I wonder, why the bankruptcy procedure be made little pragmatic! I feel one of the key purposes of the bankruptcy process must be to minimize the losses to the lenders and operational creditors. If these aircrafts that are lying idle were leased to other airlines till the completion of IBC process, at least some money could have been recovered. Or at least, Jet Airways could have been saved from incurring parking charges (which it can never pay), and machines could have been saved from major overhaul cost due to lying idle (again that cannot be paid by the Jet Airways).
A bureaucrat obviously will never take any initiative in this direction, as it would increase his workload and responsibility. The politicians who travel everyday and see these aircrafts rusting and gathering dust could only take an initiative, as it may require some legislative changes also.
Government may have done a lot by not doing anything
Talking with a senior bureaucrat last week I realized the importance of sophistry in running the government. To my inquisition about the below par performance of the Make in India program, his answer was the best example of sophistry.
He said, "the government went slow on Make in India program. We were never comfortable about creating large capacities using borrowed money to increase our integration to the global supply chain in these uncertain times. Our strategy of going slow has bore brilliant fruits. Imagine, if we integrated into global supply chain like China, and all those factories were shut down due to global demand collapse. All of these would have defaulted on their loans, totally crushing our financial system."
After the God explaining that "sometime inaction is the most appropriate action", this is perhaps the best explanation I have heard.
Clamor for rate cut may be misplaced
A lot of market experts have expressed their anguish over RBI not making an "emergency rate cut". Unfortunately, they are seeking rate cut to comfort the financial markets and not the economy. Their complaint is that stock markets are sliding fast and RBI is doing nothing to stop the slide, even though it has many bullets preserved in its barrel.
These experts appear totally oblivious to the fact that dramatic cuts by some large central banks have done almost nothing to arrest the market slide.
Even, from the real economy view market, a rate cut now would have yielded miniscule results. The capacity utilization levels are running persistently low and demand for new investment is low; the banks and NBFCs are mostly risk averse and not willing to lend; the system is liquidity surplus; RBI is providing 3yr funds at 5.15% and buying bonds to ease the pressure on longer maturities. A rate cut now may only disturb the equilibrium in currency market. I would rather like RBI to cut substantially when things stabilize a bit and banks are willing to take risk. For now, the rate cut would comfort stock markets for 2hours or may be less than that.

Thursday, November 21, 2019

A paradigm shift

The recent order of the Supreme Court may finally end one of the ugliest chapters in the corporate history of independent India. With sale of Essar Steel Limited to ArcelorMittal S. A., the new paradigms in the Indian corporate business and financial market spheres that had been taking shape since past few years may get formalized and gain wider acceptance.
The businessmen shall accept that they may no longer remain in control of their businesses if they fail in honoring their debt commitments; and shareholders shall realize that if lenders of a business lose money, nothing shall be left for the equity shareholders.
There is a lesson for the small investors who buy stocks of defaulter companies because they are trading at very low price. Under the new paradigm the equity shareholders should expect to get anything only and only if the lenders are able to realize full value of their loans. The theoretical definition of equity shares (Upon liquidation of a business, the equity shareholders are entitled to receive the value left after satisfying all the liabilities) may stand true under the new paradigm.
In this context, it would be pertinent for the readers to rewind the story of Essar Steel
Promoted by the Bombay based Ruia family, Essar Steel initially commenced operations of as a construction firm in 1976 as Essar Constructions. Its name was changed to Essar Offshore & Explorations in May '87 and later to Essar Gujarat in Aug.'87. It became Essar Steel in 1995. It was supposed to be one of the most modern steel plants in the world at that point in time. The company issued equity shares to the public at a huge premium.
However, despite getting huge amount of interest-free money through share premium, the company consistently reported huge losses, (while the main competitor Tata Steel was showing good profits) resulting in erosion of the entire networth of the company. The company became sick and went for a CDR (corporate debt restructuring) program. 40% equity capital was written off under the CDR scheme. The CDR package of Essar Steel was popularly termed as the worst ever from lender/shareholder point of view and best ever from promoter point of view. Many lenders had not only to forego all interest amounts but had also to compromise on principal amount.
Post CDR, company started showing profits but, much lower than market expectations considering very low interest cost and highest ever realization in steel. The company had a paid up capital of over Rs. 500 crore, book value of over Rs. 25 and a net profit of over Rs. 700 crores, but it did not pay any dividend after 1997 thus managing to keep the share prices suppressed. The Promoters subsequently increased their stake in the company to over 74%.
It is interesting to note that promoters did not infuse any fresh capital to revive Essar Steel but kept on increasing their share holding in the telecom venture Hutch, which was sold later to Vodafone at very high profit.
Moreover, the promoters managed to buy a second hand Steel Plant in Korea at a very attractive price. This Plant was placed under an unlisted group entity Essar (Hazira) Ltd. and not brought under Essar Steel Limited. At the same time the promoters also made investments in other steel plants abroad in their unlisted company Essar Global Ltd.
The regulatory paradigm shall also change to adapt to the new circumstances. Since the chances of any recovery for equity shareholders of defaulting companies are insignificant in most cases, it would be better if a special window is created for trading in shares of all companies which are under IBC process or facing winding up proceedings. The traders (I am deliberately not using the word investors here) who wish to buy lottery tickets must know upfront what they are getting into.