Wednesday, August 7, 2019

Keeping it simple



Some food for thought
"When my cats aren't happy, I'm not happy. Not because I care about their mood but because I know they're just sitting there thinking up ways to get even."
—Percy Bysshe Shelley (English Poet, 1792-1822)
Word for the day
Intellection
The action or process of understanding; the exercise of the intellect; reasoning.
 
First thought this morning
Home Minister Shri Amit Shah made an emphatic speech in the Parliament in support of government's decision to change the constitutional status of the state of Jammu & Kashmir. It sure is a historic and very brave step. The government, especially the prime minister and the home minister must be commended for this unconditionally.
I am sure with this determination, the government will be able to execute this decision as planned paving the way for overall development and growth the region.
The reply of the home minister to the debate in Rajya Sabha highlighted two things - (a) Article 370 and 35A of the constitution were temporary and transient provisions and have outlived their purpose; and (b) depriving the state of J&K from investment by outsiders has resulted in grave injustice to the state.
I mostly agree with him, and request the following:
(a)   Article 341 provided that after 15yr of implementation of the Constitution, he official language of the Union shall be Hindi in Devanagari script The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. We all know that this could not be achieved in spirit, even though In 1976, Official Language Rules were framed under the provisions of section 8(1) of the Official Languages Act, 1963. The government at least should ensure that the Supreme Court allows the cases to be filed and heard in Hindi.
(b)   There are number of other states that restrict or prohibit investment in property by people not domiciled in the respective states in pursuance of various provisions of Article 371. Many of these states are presently ruled by BJP, e.g., Himachal Pradesh, Uttrakhand, Arunachal Pradesh, Goa etc. It needs to be examined whether the people of these states are also being deprived because of these provisions.
(c)    Indians visiting the States of Nagaland, Mizoram and Arunchal Pradesh require to take permit from respective states. The government may consider reviewing these provisions also.
Chart of the day

Keeping it simple
It was summer of 2014. The citizen of the country had just elected a new government with overwhelming mandate. The general mood in Mumbai, the financial capital of the country, was ebullient. It reminded me of the following lines of famous Hindi poet Baba Nagarjuna:
"कई दिनों तक चूल्हा रोया, चक्की रही उदास
कई दिनों तक कानी कुतिया सोई उनके पास

कई दिनों तक लगी भीत पर छिपकलियों की गश्त

कई दिनों तक चूहों की भी हालत रही शिकस्त।


दाने आए घर के अंदर कई दिनों के बाद
धुआँ उठा आँगन से ऊपर कई दिनों के बाद

चमक उठी घर भर की आँखें कई दिनों के बाद

कौए ने खुजलाई पाँखें कई दिनों के बाद।"
In this hope filled environment, I happen to meet CEO and CIO of a large asset management company, managing funds of about rupees one trillion. The CEO asked me how do I see Indian equity markets and where would I be investing my money?
From their public statements I knew that both of them were very bullish about public sector banks (PSBs) and had huge overweight in most of their schemes. I plainly told the guys, "I have not yet decided yet where to put my money, but I am very sure where not to put my money, and that is the funds managed by your AMC".
Not expecting such a direct reply, both were stunned and immediately exclaimed "why?"
I explained my rather simple logic to them as follows:
"One of the reasons for businesses and markets not doing well is the hugely stressed corporate balance sheets. Till the time these balance sheets are deleveraged and destressed, the wheels of the economy could not be put into motion.
Destressing the corporate balance sheets may inter alia involve one or more of the following:
(i)    Writing off existing equity and         Infusion of further equity by existing equity owners;
(ii)   Conversion of debt into equity by lenders;
(iii)  Writing off debt in full or part;
(iv)   Sale of assets and repayment of lenders;
(v)    Nationalization of firms.
Historically PSBs have always played a major role in destressing exercise by taking over a large part of the stress through loan write off, loan conversion into equity and/or asset take over. So this time also there is a significant probability that PSBs will be made to swallow the bitter pill to put the wheels of economy in motion, i.e., take over most of the stress from corporate balance sheets so that corporate may begin to borrow again.
This essentially means that PSBs and some private corporate lenders cannot do well, if the economy and market has to do well."
Nifty PSU Bank rose further 10% from ~4000 to 4400 in the next following 8 months (January 2015), before correcting 55% to ~1900 level in subsequent 12months (February 2016).
Last week, I heard the same couple, and a few more, voicing serious concerns about the future of PSBs and advising major underweight on state lenders. I feel it is time to be overweight on PSBs, again for the simple logic.
Corporate balance sheets have been destressed materially in past 5years. We hear new cases of stressed emerging every day. But these are regular cases which are part and parcel of banking business. Whatever latest cases of stress we are aware of may not account for 2qtr equivalent of profits of banking sector.
PSBs have obviously consumed the bitter pill. The wheels of the economy shall put in motion as the government begins its massive infrastructure building drive, besides affording material cash in the hands of consumers. A material rate cut may just be the catalyst consumers are waiting to begin spending.
Recapitalized and cleaned up PSBs would be at front foot in financing the investment and consumption growth as the rivals (NBFC and MFs) have been cut to size. Any recovery from stressed assets acquired during cleanup process would just be a bonus.
Important to note that unlike the 1990s credit cycle, PSBs have materially strengthened their systems and processes, rationalized their costs, attained a fair degree of autonomy (freedom from undue political pressure), improved their business model and enhanced their understanding of business dynamics in the process of learning from latest debacle.

To me, the top 4-5 PSBs offer best trading opportunity for next 2years. But remember, there could be some pain before any big gain accrues. And for god sake, please do not drag me into technical jargon like capital dilution, significant watch list, NBFC stress, IBC delays etc. I am not interested in bothering about these small chips in the big picture.

Tuesday, August 6, 2019

Face the bitter truth

Some food for thought
"Government is an evil; it is only the thoughtlessness and vices of men that make it a necessary evil. When all men are good and wise, government will of itself decay.
—Percy Bysshe Shelley (English Poet, 1792-1822)
Word for the day
Stolid (adj)
Not easily stirred or moved mentally; unemotional; impassive.
 
First thought this morning
Abrogation of Article 370, a temporary and transient provision of the constitution to grant special status to the state of J&K; implementation of a uniform civil code (UCC) as mandated under directive principles of state policy outlined under Article 44 of the Constitution; and construction of a Ram Temple at Ayodhya have been three long standing promises of BJP (earlier Jan Sangh). These three promises have in fact been the major agenda items that distinguished it from other non-communist political parties in India.
Freshly strengthened BJP led NDA government has made significant progress in delivering on these promises;
A decisive action on the state of Jammu and Kashmir has been taken by abrogating operative clauses of Article 370 and introducing bill for reorganize the state of J&K.
By enacting a law to make instant triple talaq illegal, a significant step has been taken towards implementation of UCC.
The Supreme Court has agreed to hear all litigation in respect of Ram Mandir in Ayodhya on day to day basis. Hopefully a decision that is acceptable to all shall come within next few months.
After the BJP complete the performance on its core agenda, we should accept some performance on the ancillary promise of faster and sustainable economic development. Amen!
Chart of the day
 
Face the bitter truth
It is a common practice for most schools and teachers to assign tasks to small children, which they could not be reasonably expected to perform on their own. In most cases teachers are fully conscious that the parents will be completing such assignments. The parents are usually bothered, but somehow choose not to register their protest to teachers; rather they choose to complete the assignments themselves. The children get their first lesson in non-compliance and jugaad in their preschool tenure itself.
For three decades, so called mainstream Kashmiri political leadership never raised a voice for the rights of persecuted and exiled Kashmiri Pandits. To the contrary they have been supporting the people indulging in anti national and violent activities.
They certainly have lost their credential to be constitutional representatives of the people and land of J&K. Outside the valley they evoke no popular support even amongst the Muslims. Although a tiny section of media and liberal thinkers does talk about the plight of the residents of Kashmir in general, no one specifically shows sympathy towards the mostly dynastic Kashmiri political leadership or groups challenging the status of J&K as integral part of the Indian Union.
Now applying these analogies to the Indian businesses and financial markets, we get the following:
(a)   It is undisputed and inarguable that a section of Indian businesses have been violating the law of land and rules of compliance with impunity since long.
Have we witnessed industry associations like CII, Assochem, PHDCCI etc strongly reprimanding its constituents or issuing a mandatory advisory to all its constituents and members not to indulge in such practices and ensure full compliance of law & rules, especially tax laws?
(b)   There have been numerous instances of professionals like CA, CS, Advocates, Doctors etc violating the code of conduct prescribed for them and indulging in unethical and unlawful practices.
Have we seen self regulatory bodies of these professions taking adequate punitive actions against their delinquent members?
(c)    Entire nation knows how the staff members and officers of banks conducted themselves during the Demonetization period.
How many these bank employees have been punished even with a reprimand? How many of the citizens who bribed these bank employees to get their currency notes converted out of turn are ashamed of their act of non-compliance.
(d)   How many local communities and assemblies (popularly known as Samaj, Biradari, Khap, Panchayat etc) have issued advisory to their members to fully comply with laws of the land, especially taxation laws?
(e)    How many investors and traders are aware of the malpractices of their respective brokers?
I am not aware of any one complaining about this unless and until he or she becomes victim of such malpractices. Are you?
(f)    How many of us are aware of misuse (or non compliance) of CSR allocation? Dis any self regulatory industry body thought of issuing a advisory to companies to fully comply with the CSR rules and not indulge in money laundering misusing these rules?
What is the credential and bona fide of the people (industrialist, bankers, professionals, experts, traders, community leaders, politicians etc) who chose to criticize the enforcement agencies, taxation authorities etc for strictly dealing with suspected violators.
I do not want to go into appropriateness or otherwise of the conduct of enforcement agencies and tax authorities. But I am sure total failure of "self regulation" on part of citizens is worrisome and needs to be managed at the primary education level.
Also worrisome is the tendency of businesses and professionals to indulge in finding loopholes in a legal provision even before such provisions becomes enforceable, rather than reasoning with the government about the appropriateness or otherwise of such provisions.
The argument that government is unresponsive and arrogant is more of a platitude, since most of the people and organizations wanting to engage with the government would fail in proving their credential for such engagement.
 

Friday, August 2, 2019

Miror, Mirror on the wall...who is ugliest of all

First thought this morning
The government's proposal to hike registration fee for new vehicles has met with widespread criticism. I am however not able to decipher what this criticism is about - timing of the proposal when the auto industry is struggling with poor demand and mounting inventories; the principle of sin tax being applied to the motor vehicles; or both.
I distinctly recall that last winter when the air pollution levels in many cities, especially the capital Delhi, crossed the last limits, many experts have suggested steep increase in parking and registration charges to demotivate people from buying more vehicles.
There have been numerous cases of young kids developing serious respiratory conditions like asthma, premature graying of hairs and problems related to eyesight. Recently, doctors in Delhi have suspected a case of lung cancer in a young lade due to air pollution in Delhi. The capital city witnesses many cases of violence including murders every year for parking of vehicles in colonies with inadequate parking space. It is therefore only appropriate that vehicle population is controlled through all means including policy measures like higher levies and better public transport.
The point whether the government could have waited for the automobile demand to normalize before taking a policy action is debatable.
I feel additional levy of Rs5000 for car registration and Rs1000 for two wheeler registration may not be a deterrent for the buyers at all.
Chart of the day

Miror, Mirror on the wall...who is ugliest of all

The market participants in their late 50s and older would distinctly remember the days when the practice of Badla Financing was banned from March 1994. This was the time when the country was witnessing massive regulatory and commercial changes.
Liberalization of economy had opened up many businesses to global competition. MRTPA and FERA dilution had liberated large businesses to grow larger, wider and faster. Thousands of SME businesses were winding up. Banks, UTI and Insurance companies were saddled with huge amount of losses. All three large development financial institutions namely, IDBI, ICICI and IFCI were saddled with bad assets, especially steel, cement and textile firms' loans that have been rendered totally unviable due to liberalization of economy and competition.
Stock markets had just recovered from the damage caused by the Harshad Mehta scam that caused huge losses to banks, intermediaries, traders and investors. Foreign investors were allowed to invest in Indian listed equities in 1991, but only had marginal exposure thus far. Non UTI Mutual Fund industry was still in nascent stage.
Ban on Badla trading (indigenous method of financing stock market transactions and stock lending) shook stock markets. Sensex (there was no Nifty then) fell ~10% in a month. Brokers and traders lamented the Finance Minister Manmohan Singh and his colleague from Delhi School of Economics Dr L. C. Gupta as destroyer. The common refrain was that Indian equity market has been killed for good as its fulcrum (Badla financing) has been broken. The 25 odd stock exchanges that were mostly run as private clubs of brokers were facing existential threat.
Then came a slew of SEBI regulations, NSE, Depositories, F&O Trading, a deluge of foreign investments, GDR/ADR issues, and Indian equity markets were soon making mark on global canvass.
India became first country in world to achieve 100% electronic trading, completely eliminating the trading floors. India was also the fastest country to achieve 100% dematerialized settlement of securities.
25years later, I see the market standing at the same crossroad again. The colossal failure of self regulation on part of exchanges, intermediaries, fund managers, and traders has caused a serious crisis of confidence in the markets. All this has happened when the financial system has been under unprecedented stress. A number of large businesses in steel, power, road, cement etc sector have failed. Increased global competition and implementation of GST is threatening to eliminate numerous MSME firms. New Insolvency and Bankruptcy Code (IBC) and deeper regulatory scrutiny has broken the banker-promoter nexus rendering both unscrupulous bankers and entrepreneurs liable to severe legal and regulatory punitive action.
 Markets participants (intermediaries, traders, fund managers, financiers, non-compliant FPIs, unscrupulous promoters and market manipulators, et al) are obviously enraged. All are blaming the finance minister and regulators for not doing enough for salvaging the equity markets. But No One, yes you read it right, No One is talking about the total failure of self regulation that has raised the need for deeper and wider scrutiny and restrictive regulations which is the primary cause of the crash in stock valuations, in my view.
  • There have been many cases of mutual fund managers surreptitiously financing corporate and promoter in violation of prudent norms and inadequate due diligence. There are allegations that many such financing deals might have involved illicit payments to the respective fund staff. Stricter limits have been applied on mutual funds to check on excessive exposure to one entity or group. That has also caused some unwinding in markets.
  • NSE has infamously alleged to have conspired with certain brokers to grant discriminating access to trading system.
  • But the worst has been the traders using off market route to make abnormal gains. Misuse of "off market" transfer of securities to "others" account has been the most commonly used instance of self destructive self regulation violation has been. This practice, inter alia, includes the following modus operandi:
1.    Transfer of securities to related party account, who shall use such securities for active trading, providing as margins or collateral or even lending purpose. The beneficial owner would usually make such transfer at beginning of financial year and a reverse transfer would be made towards the end of the financial year. This allows the transferee to over leverage and earn and share profits with the beneficial owner in cash, thus evading taxes.
2.    Transfer of securities to broker, who would use this as margin deposit or collateral and allow excessive leverage to other clients charging interest as high as 20-25%. The interest so charged is shared with the beneficial owner in cash. Tax evasion and excessive & naked leverage makes market vulnerable to sudden crashes.
3.    Promoters transferring share to financiers without creating a pledge and thus avoiding disclosure to market about the actual extent of promoter leverage. A default in servicing the loan would lead to sale of transferred shares without actually disclosing lowering of promoter stake.
4.    Transfer of securities as collateral against temporary business or property loan allowing speculative positions in third party account.
These types of transfers have frequently caused substantial forced selling leading to higher volatility and undue destruction of wealth of investors.
All such "off market" transfers have been banned with effect from 3 August 2019. This has sent the "undisclosed borrowers" scrambling to unwind their positions so that the securities could be transferred back to the beneficial owners' accounts before the deadline.
  • Brokers would usually allow excessive leverage out of their own resources to earn extra brokerage and survive in competition with bank brokers. Stricter lending norms and disclosure requirements for NBFCs has curtailed this source of undesirable funding.
  • NBFCs financed the promoter-broker-operator Nexus with impunity to enable manipulation of market price of securities. Many PMS and funds are allegedly involved in this Game of fleecing gullible household investors. Stricter regulations, wider disclosure norms (including in IT return form) and tighter lending norms have certainly made a dent in this Nexus, if not broken it completely. This is causing lot of pain to brokers, financiers, promoters and investors.
    Two points I am trying to make are as follows:
(a)   Total failure of self regulation is equally responsible for sever correction in stock valuation, along with poor earnings growth. In fact, excessive taxation may or may not be bothering the markets too much, since for a lot of companies effective tax rates have been reduced thus positively impacting the post tax earnings. Perhaps, the loss of opportunity to manipulate markets and earn extra money at gullible investors' expense is more likely to be real cause of pain.
(b)   Tighter regulation, better lending discipline and enhanced transparency will strengthen the market foundation significantly. The next market up move will be much sustainable, larger, wider and profitable for all participants.
The regulatory framework for Indian securities market itself has some congenital flswa. But that story some other time.