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G.N. Bajpai: Firm footing? |
The buzz on the street is that the
new Securities and Exchange Board of India (SEBI) chief Ghyanendra
Nath Bajpai-maybe it's time people stopped using that adjective;
he's been in office close to 100 days-is miffed at not being part
of the latest scam to rock the Indian financial firmament. Wicked,
wicked, wicked. Still, it is a bit unusual to have a scam and not
have SEBI play a part in it. Much like this magazine's cover, l'affaire
Home Trade has captured the imagination of headline-writers everywhere.
The central character in the story of the financial services dotcom
and government securities is the co-operative bank. And Reserve
Bank of India (RBI) and the registrars of the co-operatives of the
states where the banks are based are the regulators accused of oversight
and inaction. Not SEBI.
The 59-year-old Bajpai, previously the Chairman
of Life Insurance Corporation, is taking no chances. The investigations
department of the regulator has sought information from the stock
exchanges on brokers who have been active this past six months.
SEBI has also ordered a separate investigation into Home Trade and
released a list of entities-KSC Securities, Gilt Edge Credit Capital,
Gilt Edge Equi-Derivatives, Gilt Edge Investment Banking, and Gilt
Edge Portfolio Management Services, all controlled by the other
Ketan, Sheth-that shall not trade in the securities market.
SEBI'S REPORT CARD
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Vanishing Companies Scam: between 1992
and 1996, hundreds of companies that had raised money from the
public vanished. The issue was first brought to notice by Lucknow-based
Midas Touch Investors' Association, and a question was raised
in the Lok Sabha in 1996. In 1998, a passing remark by the then
Finance Minister P. Chidambaram, and a public interest litigation
filed in the Allahabad High Court resulted in an investigation
by SEBI. The SEBI probe conducted in May 1998 revealed that
while many companies considered missing were simply not traded,
at least 80 companies were really untraceable. In August 1999,
SEBI debarred 70 directors of the errant companies for a period
of five years from associating themselves in any manner with
the capital market.
DSQ Software Scam (June 2001): DSQ software reportedly
acquired Fortuna Technologies Inc., an American company, through
three Mauritius-based companies. The currency was 14 million
DSQ shares. SEBI's investigations revealed that the deal was
not genuine. Pending further investigations, in June 2001,
SEBI prohibited DSQ from accessing the capital market and
debarred Dinesh Dalmia, CEO of DSQ from dealing in securities
for a period of one year or ''completion of investigation
and action thereupon, whichever is later''.
Mehta's Second Coming (1998): Harshad Mehta allegedly
colluded with the promoters of BPL, Videocon, and Sterlite
to rig share prices. Investigations carried out by SEBI resulted
in 17 brokers (10 from BSE and seven from NSE) being suspended
for periods ranging from one to three years. The BSE vice
president quit. Investigations were completed against Harshad
Mehta, BPL, Videocon, and Sterlite by October 1999. In April
2001, four orders were passed by SEBI: Harshad Mehta was debarred
permanently, and BPL, Videocon and Sterlite banned from tapping
the market for four, three and two years respectively. In
October 2001, the order against Sterlite was set aside by
SAT.
The Ides Of March (2001): It all started with some
unusually volatile market behaviour around February and March
2001. Then in Kolkata, a mini-payments crisis surfaced, revealing
the large positions built by some brokers close to Ketan Parekh
on scrips such as HFCL and DSQ Software. SEBI spurred into
action by a miffed Finance Minister-he didn't quite like the
way the markets behaved after his dream budget-launched an
investigation. In June 2001, it debarred Credit Suisse First
Boston, First Global group, and the Bang group of companies
from undertaking fresh business pending further enquiry.
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That pro-activity is just what one would have expected of Bajpai.
When he took charge at SEBI on February 21 he said his primary task
was to bring investors back to the primary market. On May 31, he
completes 100 days in office, days spent at SEBI's Mittal Court
premises in South Mumbai-when he is not travelling, as he was when
this article was being written; to Istanbul, no less-meeting industry
heavyweights, investor-associations, and the media, all part of
an exercise to understand what brand of regulation would ensure
universal satisfaction. On customer friendliness alone, Bajpai merits
an A.
The chairman was not available to comment on the exact steps he
would take to ensure the markets remained safe for investors. Like
others before him, Bajpai would probably like more powers. Today,
SEBI exercises its power under Section 11b of the SEBI Act, which
enables it to issue 'directives' in the interest of investors. That's
it, directives. Not many of the regulator's orders go unchallenged.
As recently as October 2001, a SEBI order against Sterlite (See
Mehta's Second Coming: 1998) was set aside by a Special Appellate
Tribunal. There is the Justice Dhanuka report-it recommended strengthening
SEBI-pending with the Finance Ministry since November 1998. If implemented,
it will enable SEBI to carry out investigations and pass orders
in much the same way the Department Of Company Affairs (DCA) does.
It can search. It can seize. And it can teach those rogue companies
a thing or two. Today, those powers are vested with the DCA, which
is not keen to give them up to the regulator despite a proposal
from the finance ministry to that effect. Bajpai can consider himself
unlucky to be caught in a turf war between the ministry of finance
and that of law, justice, and company affairs.
A stronger regulator will help but not nearly as much as a clearer
regulatory framework and an action-plan to reform the notoriously
venal Indian stockmarket system. On that front, there's been little
noise. Still, let's render a quite thank you to providence for ensuring
that the first financial scam of Bajpai's reign falls outside the
purview of SEBI.
-Roshni Jayakar
ENDANGERED
SPECIES
The Glass Ceiling In Numbers
Oops! A quick BT survey on the proportion of
senior women execs in India Inc.'s finest throws up an expected,
yet shocking, finding: there simply aren't enough women managers.
|
Company |
Total number
of senior managerial positions |
Number of women in senior
managerial positions |
ONGC |
100 |
1 |
Wipro |
135 |
10 |
Indian Oil |
147 |
Nil |
ITC |
50 |
Nil |
Ranbaxy |
NA |
6 |
HPCL |
55 |
1 |
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No one expects the corridors of power
at India's largest corporations to be teeming with women execs.
Still, nothing prepared this correspondent for the results of a
quick, statistically unrepresentative exercise aimed at simply arriving
at the proportion of women holding down senior positions in India's
largest corporations. The definition of 'senior position'? Anyone
with a business card that says general manager upwards. Some companies
refused to participate, others did (and we then wished they hadn't
participated). Sum up: Wipro, with around one senior woman exec
for every 13 men comes out tops. Of the rest, we'd prefer to say
as little as possible. Oh yes, we promise to conduct this exercise
every year.
-Abha Bakaya
FOR-EXCESS
A Problem Of Plenty
What India could do with its burgeoning forex
reserves. Hint: Not much.
Fifty-five billion dollars (Rs 26,675
crore) and counting; 11 per cent of India GDP; and sufficient to
finance an entire year's import bill. That's what the counter on
India's forex reserves says, and it is a far cry from the frightening
summer of 1990-91 when reserves could cover a mere three weeks of
imports and the government had to resort to selling the family jewels
(read: gold) to pay some debts. The central bank's stance is that
this magnitude of reserves is imperative. ''We hold the view that
$55 billion in reserves will help cushion the balance of payments
from external shocks and help us meet our future external obligations,''
explains Reserve Bank of India Deputy Governor Y.V. Reddy. There's
no arguing that logic. Still, there's a growing feeling among economists
and general know-it-alls that the reserve can be put to better use.
That doesn't mean it can be used to reduce the fiscal deficit-it
can't-which has now risen to around 5.7 per cent of GDP. However,
it can be used to prepay part of India's $100.38 billion (Rs 48,684
crore) external debt. India earns a mere 2-3 per cent on the reserves,
but pays between 8-9 per cent interest on foreign loans. Maybe it
is time to burn some of that $55 billion.
-Ashish Gupta
POWER DRESSING
Corner-Room Models
India's best-known designers pick the CEOs
they consider best dressed.
Steve jobs has his customary black
turtleneck, chosen, reports go, many years ago to help him save
time deciding what to wear; Larry Ellison, his Italian-cut suits
(preferably black or charcoal grey); and Sanford Weill, his understated
banker-chic. Just for kicks, we decided to ask designers Ritu Beri,
J.J. Valaya, Rohit Bal, Jattinn Kochhar, and Rina Dhaka, and stylist
Prasad Bidappa to pick India's best-dressed corner-room occupants.
Most Indian CEOs wear the traditional dark two-piece suit, so the
task wasn't easy. Our panel looked for the kind of people Kochhar
describes as, ''using their clothes to make a subtle statement.''
Adds Valaya, ''You need a touch of flamboyance.''
You sure won't see them on the ramp, but here goes.
Anil Ambani: The man who figures in the most lists (three).
''He wears smart clothes, is elegantly turned out, and is slim,
fit, and handsome,'' says Bal.
Sunil Mittal: Like his company, his clothes are making
all the right moves. ''His suits are cut to fit him perfectly,''
raves Kochhar. ''They are just the right shade of grey and tell
you something about his personality.''
Vijay Mallya: The larger than life Mallya was bound to
find a presence in this short-list. ''He makes a big statement with
his clothes and has fantastic accessories, especially watches,''
says Bidappa.
Preeti Paul: The only woman in our listing, may her tribe
increase. ''She wears fashion the right way,'' gushes Dhaka. ''She
has a good eye (for clothes), a good figure, which is an advantage,
and a great sense of style.''
Other CEOs mentioned included P.R.S. Oberoi, Gautam Thapar, Anil
Nanda, Hari Bhartia, Adi Godrej, Mukul Kasliwal, K.M Birla, and
Mickey Punj. None, alas, is partial to a black turtleneck.
-Abha Bakaya
INTRACTABILITY
Of Compliance And Competitiveness
Unless garment exporters become socially accountable
their competitiveness could suffer.
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Changing attitudes: Garment exports may
come under cloud |
Social accountability, what's that?
Indian garment exporters could have gotten away with such a response
some time back. Now, with the impending end of the quota regime
(to put it simply, this decided the ceiling on a country's exports)
in garments half the existing factories in the world face the threat
of extinction.
The first to go will be the ones that do not match global compliance
norms. ''Factories will have to be competitive in price, quality,
capacity, delivery, human rights, and social accountability,'' says
Rajesh Chhabara, CEO, CSR World, and the former head of compliance
for Gap Inc in the Indian sub-continent. ''Many factories are going
to lose out on the grounds of social accountability.''
CSR is targeting the 30,000-odd garment factories in India that
together account for $4 billion (Rs 19,200 crore) of exports. It's
pitch: it can help turn social accountability into a competitive
advantage. That won't be easy. For instance, most units will have
to install a treatment plant in their washing units to remove chemicals
that could otherwise harm workers. The cost: Rs 15-20 lakh. This
investment will have to be done in a context where prices are on
a downward spiral, buyers expect every lot to be of better quality
than the previous one, and the inexorable grind to improve productivity.
Predictably, only the strong shall survive.
Size-the average export-oriented garment factory in India boasts
150-200 machines as against 500-1,000 in Bangladesh and Sri Lanka-could
prevent Indian exporters from making the requisite investments.
Then there is attitude. ''Sri Lanka and Bangladesh are far more
contemporary,'' explains Chhabara. Those could more than offset
India's natural advantages: a skilled workforce and the fact that
it grows its own cotton. Still as Chhabara concludes, ''at least
people are talking about these issues; five years ago, we couldn't
even expect that.''
-Abha Bakaya
Q&A
"Our Focus Is On Large Indian Cos"
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Donald H. Layton: Cautious optimism |
Donald H. Layton, the co-CEO of investment bank JP Morgan,
was in Mumbai recently and met with BT's Roshni
Jayakar. Excerpts from the interview.
The big two in the investment banking business in India are
clearly DSP Merrill Lynch and JM Morgan Stanley. How do you see
JP Morgan going up the league table?
First, I think it important to say that our main objective is not
to look good on league tables. Instead, good league table positions
should be the result of great deals for clients creating a superior
market position.
In the case of India, our focus is much more selective. We are
only looking to do business with the largest Indian corporates and
financial institutions.
The buzz is that you plan to bring your entire back-office
operations to India...
We already have a small operation in place in Mumbai, and we have
an internal proposal to expand it.
Against the backdrop of investigations into analysts issuing
misleading stock ratings because of investment banking relationship
with companies they analyse, what, in your opinion, would be the
right model for investment banking?
The industry is now changing its model for doing research, and
in this case, we really mean equity research. I do not pretend to
know where it will all end up, although my personal opinion is that
some of the more radical proposals for an equity research (centric)
business model are unlikely to be adopted.
What are the trends driving the investment banking business
today?
Let me name four highlights.
Better Capitalisation: Except for some boutiques, the industry
is consolidating into better capitalised players.
Broader Product Range: The consolidation is also producing
players with a broader product range. Executed well, you can clearly
be a better banker to your clients if you have more products.
Cross-border emphasis: Just as international trade grows
faster than GDP globally, cross-border banking transactions grow
faster than the domestic banking business. This means that more
firms will be global and regional, rather than just national.
Deregulation: The modern investment banking industry was
revolutionised by the securities and commercial banking deregulation
that occurred in major markets such as the US and the UK two or
more decades ago. I expect this trend to continue with less intrusive
regulation that, while protecting public interest, allows the industry
to grow, prosper and innovate.
A MARKET WEATHERVANE
Should investors reach for their
umbrellas? A BT take on the weather on the bourses for the next
quarter.
THE ECONOMY
Current conditions: Partly cloudy
The Centre for Monitoring Indian Economy (CMIE) has estimated GDP
growth for 2002-03 at 4.5 per cent. And the fiscal situation is
likely to worsen.
MARKET MOVERS
Current conditions: Overcast
An analysis of daily flows from foreign institutional investors
(FIIs) and mutual funds throws up a surprising finding: there are
no buyers.
INTANGIBLES
Current conditions: Stormy
Numbers are an important part of evaluating the market. Still,
investors can't overlook the unpredictable acts than can set the
market on a downward slope. Like the Home Trade scam. Or the threat
of a war with our neighbour.
STOCK VALUATIONS
Current conditions: Sunny
The 30 stocks in the Sensex have a price-earnings (PE) multiple
of 13.29 and the 50 stocks in the Nifty, 14.17. That's great value-for-money
valuation; only, as we mentioned earlier, there are few buyers.
-Roshni Jayakar
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