Debt resolution top priority in insolvency process, says IBBI chief

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The IBBI chief said as per the Insolvency and Bankruptcy Code (IBC), resolution is left with the imagination of the market participants and they are free to take any call in regards to an entity, which is down with indebtedness.

Resolution of indebtedness of a firm will be the top priority of all constituents of the insolvency and bankruptcy mechanism in the interest of the stakeholders, and it will think about liquidation only if it finds that the resolution is hard to come by, Insolvency & Bankruptcy Board of India (IBBI) chairperson MS Sahoo said on Wednesday.

“In such a process, the first endeavour is resolution. If it is not resoluble then they think about liquidation. The endeavour of the law, insolvency professionals and committee of creditors is to first find out a resolution plan,” Sahoo said while speaking at a conference organised by PHD Chamber of Commerce and Industry.

The IBBI chief said as per the Insolvency and Bankruptcy Code (IBC), resolution is left with the imagination of the market participants and they are free to take any call in regards to an entity, which is down with indebtedness. The government is just trying to create an enabling environment.

The government’s effort is also to empower the market participants in every field and that is what has been the focus of the insolvency code where one gets not just the freedom to enter into a business, but also enjoys the freedom to exit the business.

“In our scheme of things, we have segregated the role of the state and the role of the market. We have also segregated commercial aspects from judicial aspects. Bankruptcy code says that insolvency professionals will run the company; but for a resolution, the decision of resolution will be taken by the market, that is the committee of creditors,” he said.

Sahoo also pitched for a market driven institutional mechanism to facilitate and enable mergers and acquisitions with minimum regulations that can conveniently safeguard the legitimate interests of concerned stakeholders. “Why can’t we have that kind of framework where approvals of the authorities are minimised, institutions work and everything is delivered by the market?” he asked.

 

Source: Indian Express

Syndicate Bank to raise ₹4,500-crore capital this fiscal

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Melwyn Rego
Melwyn Rego. Looking to strengthen capital position via equity and Basel-III compliant bonds: MD

Syndicate Bank is planning to raise ₹4,500 crore this financial year (2017-18) to bolster its share capital base.

“The bank this fiscal is planning to raise ₹2,500 crore under common equity (CET-1), ₹1,000 crore under AT-1, and ₹1,000 crore Basel-III compliant bonds,” said Melwyn Rego, Managing Director and CEO, Syndicate Bank.

“Each raising will be determined by the market. ₹500 crore of Basel-III compliant tier-II bonds was raised on May 3 to strengthen the capital position of the bank,” he added.

“In July, the bank raised AT-I bonds of ₹450 crore. Now we are evaluating various options to strengthen the capital position through equity and Basel-III compliant bonds,” he added.

The Capital Adequacy Ratio (CRAR) (Basel III) improved to 12.30 per cent as on June 30, 2017, from 11 per cent a year ago. Talking about net worth, Rego said: “The net worth of the bank as on June 30, 2017, was ₹11,856 crore in comparison to ₹11,488 crore last year (June 30, 2016).”

To bring down interest cost, the bank has launched a CASA (current and savings account) deposit campaign with the theme ‘Customised for business, personalised for individuals’.

“During the August 1 to September 30 campaign, we will be targeting corporates. This is mainly to increase opening of salary accounts. HNIs too will be targeted, and we will also focus on new account acquisition,” he added.

In addition to CASA deposits, the bank is also aggressively pushing for housing loan disbursements. Post demonetisation, the bank has strengthened its digital banking. “As part of providing enhanced customer service, we have implemented ‘Green PIN Project’ which allows our customers to generate new/reset existing debit card PIN through ATM any time.”

The bank has also launched “UPI application for the iOS platform of mobile phones”.

Customers can use Synd UPI on iPhones to send and receive money. Synd UPI is already available for mobile phones that run on android platform.

Source: http://www.thehindubusinessline.com/money-and-banking/syndicate-bank-to-raise-4500crore-capital-this-fiscal/article9805958.ece

India eases rules to allow merger of Indian companies with foreign firms

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Under the new rules, the merger will also require prior approval of the Reserve Bank of India.

India will allow local companies to merge with overseas firms, easing rules to help home-grown businesses restructure their expanding global operations, and pave the deck for more listings of securities on capital markets abroad.

“Until now, only inbound mergers were permitted. With outbound mergers now permissible, there would be a lot of opportunities for Indian companies to acquire, restructure, or list on offshore exchanges as well,” said Mehul Shah, a partner at Khaitan and Co.

Until the federal notification by the corporate affairs ministry on April 13, India had permitted only inbound mergers. The merger would be in compliance with the Companies Act, 2013, and require prior approval of the Reserve Bank of India (RBI).

The notification also lists certain jurisdictions on the foreign companies, covering countries that comply with rules such as being members of the Financial Action Task Force (FATF) and whose central banks are members of the Bank for International Settlements (BIS).

Experts, however, believe that certain related laws must be amended before these rules take effect. “There would be need to have clarifications under tax laws. Exchange control regulations need to be re-looked and clarified to give effect to this notification. Also, an obligation is cast on RBI to provide approval for these mergers, as today, the RBI does not have mechanisms in place for this,” Shah added.

“Now exchange control regulations, securities laws, etc will need to be amended to facilitate a practical implementation of the amended law,” said Amit Maru, partner-transaction tax at EY.

The notification amends the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, notified in December 2016. Previously, mergers or demergers were governed by the Companies Act, 1956 before the notification of provisions of the Companies Act, 2013.

But, there were some gaps in the rules governing mergers. The latest notification seeks to fill these gaps. For instance, the law was earlier unclear on prior RBI approval even for inbound mergers, it is now clear that the nod is necessary.

“It might take some time for an Indian company to merge into a foreign company as it is not only one law but a host of laws which have to be amended before this becomes operational. For instance, income tax laws will have to be amended to give you a tax-neutral merger status because all mergers today are otherwise tax-neutral.” said Maru.The government had recently exempted firms, with Indian revenue of less than Rs 1,000 crore, from seeking the prior approval of the Competition Commission of India (CCI) while going in for a merger.

India Inc’s March M&A deal tally jumps 4-fold to $28 billion

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India Inc’s M&A deal tally in March rose four-fold to $27.82 billion, led by the Vodafone-Idea merger, taking the overall figure to $31.54 billion in the first quarter of 2017, says a report.

Overall deal activity in the January-March quarter witnessed an unprecedented three-fold year-on-year rise in value terms, driven solely by the Vodafone-Idea mega merger, which accounted for 80 per cent of the total values.

“The Indian deal activity was dominated by big-ticket mergers and acquisitions (M&As) this quarter. The quarter witnessed one of the largest deals in the country with Vodafone and Idea’s merger, which is estimated at around $27 billion,” Grant Thornton India LLP Partner Prashant Mehra said.

The January-March quarter recorded $33.7 billion across 300 deals marking a sharp increase in value as compared to $10.9 billion in the same period last year while volumes declined by 27 per cent.Without the Vodafone-Idea mega merger, estimated to be a $27 billion transaction, the deal activity would have recorded 39 per cent decline in values, assurance, tax and advisory firm Grant Thornton said.

M&A market activity has so far been driven solely by the big-ticket deals, while on the other hand number of transactions continued to slip for the third straight quarter.

“Primary driver for M&A growth was consolidation in the domestic market with deal values growing by 10 times on the back of healthy capital markets and easing credit conditions. This enabled companies strike big ticket deals either to slash debt or consolidate market share,” Mehra said.

Meanwhile, the cross-border deal activity is yet to pick up pace in 2017 as compared to previous quarters due to looming uncertainties in the global economy.

Going forward M&A activity this year is expected to stay positive owing to the sustained interest in Indian economy.

Mehra believes consolidation and expansion is set to be the major theme that will drive the deal activity, especially in healthcare, telecom, e-commerce and infrastructure sectors.”In financial services sector, the possibility of new business models emerging post demonetisation, continued fund raising by NBFCs and a consolidation push by micro finance firms will play a big role,” he added.

Source:   http://economictimes.indiatimes.com/articleshow/58160464.cms

New Year GIFT for MNC law and audit firms

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Foreign law and accountancy firms now have a chance to operate in India on their own. On January 3, the ministry of commerce and industry amended a rule allowing such foreign firms to set up offices and advise clients from SEZs. The move will initially benefit Gujarat International Finance Tec-City (GIFT).

Current regulations so far do not permit multinational law firms to operate in the country. Indian law and accountancy firms were also not allowed to operate from any of the SEZs. That rule has now been amended which would benefit financial centres.

The notification, dated January 6 but issued on January 3, by the department of commerce allows foreign law and accountancy firms to be established in SEZs. The earlier version of the rule, prior to the amendment, had excluded legal services and accounting.

“This will be the big enabler for the legal and accounting firms to expand their services in multi-services SEZ with IFSC (International Finance Service Centre) and thereby export their services to various global players,” said Nitin Potdar, partner, J Sagar, a law firm. As of now, only GIFT is a multi-services SEZ with an IFSC in India.

“Until now, no foreign law firm could operate in India and not even Indian firms were allowed to provide their services in any of the SEZs. The new amendment allows not only Indian law or accountancy firms to set up a base in GIFT, but even multinationals can directly advise upon international disputes or arbitration by setting up a base there,” Dipesh Shah, head, IFSC at GIFT, told ET.

While many foreign professional services firms such as Deloitte, PwC, KPMG and EY are present in India, they cannot directly operate as auditors and require an Indian affiliate. This amendment does away with that requirement at least in the case of GIFT.

Many Indian law firms have been opposing the entry of multinational law firms in India for some time. Going ahead, many multinationals could set up base in India but they will only be able to advise on cross-border transactions or disputes. Some are also looking to quickly take advantage of this and set up base in GIFT.

“Allowing law firms in GIFT for arbitration or other work would work as a catalyst for economic activities in the country. We ourselves are in discussions to set up an office in GIFT,” said Nishith Desai, founder of law firm Nishith Desai Associates.

But the amendment does not permit foreign law firms to advise Indian clients on local businesses and regulations. Their advice and help would be strictly restricted to arbitrations fought in GIFT, international mergers and acquisitions, international taxation or any other advice for operations outside India.

Industry experts say some foreign law firms may consider partnerships with Indian firms under the arrangement. There could also be stiff competition as both Indian and foreign firms would compete for the same clients in GIFT.

“Many law firms may set up their base in GIFT but that would take some time. And I am a firm believer that it would only lead to betterment of all law firms,” said Desai.

Source: http://economictimes.indiatimes.com/articleshow/56529046.cms

Kaya acquires “beneficial interest” in 2 UAE skincare firms

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Skincare firm Kaya Ltd today said it has acquired majority “beneficial interest” in UAE’s Minal Medical Centre and Minal Specialized Clinic Dermatology for an undisclosed sum.

“Kaya Middle East, DMCC, a foreign subsidiary of Kaya Ltd has entered into an agreement dated September 8, 2016 for acquiring 75 per cent beneficial interest in Minal Medical Centre, Dubai and Minal Specialized Clinic Dermatology, Sharjah.

“However, the agreement will become effective on fulfilling of certain conditions precedent and obtaining the requisite statutory approval/s, which will take approximately 4 months,” the company said in a BSE filing.

It further said: “The above said entities carry out business of skincare, body and hair services and reported revenue of Arab Emirate Dirham (AED) 11.17 million (around Rs 20.26 crore), as per the audited financial statements for the year ended December 31, 2015.”

Kaya Ltd said: “This acquisition will further strengthen company’s network of clinics in the UAE region and add new set of customers to our existing base in the region. With its special expertise in body contouring, it would help Kaya in leveraging across the region.”

With this acquisition, the total network of Kaya’s clinics in the Middle East region would increase to 23.

Source: http://www.financialexpress.com/companies/kaya-acquires-beneficial-interest-in-2-uae-skincare-firms/372083/

Livspace raises Rs100 crore from existing investors

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Design and furniture start-up Livspace, owned by Home Interior Designs E-commerce Pvt. Ltd, has raised Rs.100 crore from existing investors Bessemer Venture Partners, Hellion Venture partners and Jungle Ventures, said three people aware of the development on condition of anonymity.

The firm, loosely based on US-based home design firm Houzz, was founded by Anuj Srivastava and Ramakant Sharma, former senior executives at Google Inc. and Myntra Designs Pvt. Ltd respectively, along with Shagufta Anurag, founder of architectural design consultancy Space Matrix.

The firm has already raised about $12.6 million in two rounds between December 2015 and August 2016 from Helion Venture Partners, Bessemer Venture Partners and Jungle Ventures.

Livspace co-founder Anuj Srivastava confirmed the development.

Livspace not only offers home interior design solutions and fulfils the order, it also sells furniture across categories such as living, dining and bedrooms. The company also runs a modular kitchen and wardrobe business.

The company has also acquired two start-ups in quick succession to fuel growth. The company acquired YoFloor, a mobile platform that offers a virtual trial room for home design in September 2015. In May last year, Livspace acquired Dwll, a curated online network of online designers. In March 2015, the company acquired DezignUP, an online community and marketplace for designers and consumers.

Livspace launched a home design automation platform, which will connect the designers on board with customers in real time and speed up the process of overall delivery, two months ago.

It essentially competes with the likes of Sequoia Capital-backed Homelane (Homevista Décor and Furnishing Pvt. Ltd), other than Urban Ladder Home Décor Solutions Pvt. Ltd, another Sequoia Capital portfolio and Pepperfry (Trendsutra Platform Services Pvt. Ltd), backed by Goldman Sachs Group Inc.

Urban Ladder, which has so far raised about $77 million from venture capital firms, and Pepperfry, the most well-capitalised online furniture store with about $128 million in its, initially started out by selling furniture. Both firms have, however, launched home interior solutions, modular furniture and kitchen in the last 12-15 months to compete with younger rivals such as Homelane and Livspace.

The investment in Livspace comes at a time when venture capital investment in India plummeted 58% in the June quarter over the previous three-month period, according to a report by KPMG and CB Insights, mirroring increasing investor caution towards funding start-ups.

VC firms ploughed $583 million into India in April-June, down from $1.4 billion in January-March, said the report. VC investments in India have been on a decline since October-December. Investments in the December quarter halved to $1.5 billion from $2.9 billion in July-September.

The online furniture segment has barely seen any big ticket investment in the last 12 months.

Among the bigger start-ups, Pepperfry last raised $100 million in July 2015, while Urban Ladder mopped up $50 million in April Last year. Urban Ladder raised debt capital of $3 million from Trifecta Capital, Mint reported on 24 August.

Source: http://www.livemint.com/Companies/1hDRCEVatp1asPhIuZXtuO/Livspace-raises-Rs100-crore-from-existing-investors.html