Mutual Funds
Equity Mutual Funds: After 2 months of outflows, net inflow of Rs71 crore

The sales of equity funds were up compared to the last few months, but FY2011-12 ended as a bad year for equity funds

The sales of equity funds were the highest since August 2011, reaching Rs4,925 crore, according to Association of Mutual Funds in India (AMFI) data that is released every month. This will not be sustained since around 12% of the total sales were contributed by ELSSs (Equity Linked Savings Schemes), the sales of which usually peak in March due to the tax incentive that investors get when they invest in ELSSs. SBI Tax Advantage Fund, an ELSS scheme, which was launched in this period saw an inflow of Rs26 crore. Redemptions were on a higher side as well, but, much lower than last month. If we remove the ELSS component, the net outflow from equity funds amounted to Rs196 crore.
The financial year 2011-12 saw a net inflow of just Rs122 crore, however, this seems to be much better than FY2010-11 which saw an exodus of Rs13,139 crore. But if we compare the sales, in FY2011-12 sales declined by a almost 25% to Rs50,560 crore from Rs66,592 crore in FY2010-11. In FY2011-12 there were just seven new fund offers (NFOs) launched compared to 23 NFOs in the previous year, this has been the lowest for any financial year since 2000-01. A recent report by Computer Age Management Services (CAMS), on mutual funds trends covering the last 11 months time period between April 2011 and February 2012, showed that retail equity assets under management (AUM) declined by almost 11%. What is more astounding is that according to the report, 57% of equity folios were redeemed at a loss during the 11-month period. And around 97% of these redemptions were made by retail investors. This just shows the lack of awareness of the investors and most of them redeemed their investments in panic. The report also showed a decline in interest in systematic investment plan (SIP) (Read: SIPs are not selling).

Moneylife has been highlighting the declining interest of retail investors in equity markets. The drop in equity mutual fund flows is another indicator. One of the reasons is that lumpsum investment has frequently failed to work because market gains come in spurts and for many long stretches equities do not perform. Investors get tired of waiting. This is why they have been redeeming as the Sensex rose in Jan-March period. The index is still below its previous peak of 21,207 reached in January 2008. The other reason is that the regulator has been constantly tweaking the norms for the mutual fund industry, which has clearly done more harm than good, a point highlighted by us for two years which both the mainstream media and the fund industry are now beginning to grudgingly echo, as well. Distributors have found fund-selling unviable and have been moving out of the business. In the CAMS report, it was mentioned that in December 2011, over 20,000 distributors have decided not to renew their registration. The only option for intermediaries to earn some income has been to make investors churn their portfolios but this leads to a loss for investors, a probable reason why retail investors redeem their investments at a loss.


Public Interest Exclusive
Tsunami alert withdrawn from Indian Ocean

Sea level readings now indicate that the threat has diminished or is over for most areas and therefore the tsunami watch issued by this center is now cancelled, PTWC said 

The Pacific Tsunami Warning Centre (PTWC), in its latest bulletin has withdrawn its Tsunami warning issued after the massive earthquake off western coast of North Sumatra with a magnitude of 8.7 on Richter scale in the afternoon (IST).

"A significant Tsunami was generated by this earthquake. However...sea level readings now indicate that the threat has diminished or is over for most areas. Therefore the tsunami watch issued by this center is now cancelled," PTWC said in the release. Even Indonesia's disaster mitigation agency has said there is no detection of low tide that would indicate tsunami in Aceh.

The PTWC issued a tsunami warning across 28 countries, including Indonesia, India, Sri Lanka and Bangladesh following a a massive earthquake off western coast of North Sumatra with a magnitude of 8.7 on Richter scale.  

For any affected areas - when no major waves have occurred for at least two hours after the estimated arrival time or damaging waves have not occurred for at least two hours then local authorities can assume the threat is passed. Danger to boats and coastal structures can continue for several hours due to rapid currents. As local conditions can cause a wide variation in Tsunami wave action the all clear determination must be made by local authorities, the PTWC said.

People from eastern coast of India as well as from Bengaluru, Guwahati and Mumbai reported tremors. According to initial reports, people from Chennai felt tremors thrice within five minutes.

National Disaster Management Authority also said that there is no likelihood of tsunami being formed anywhere in the Indian Ocean. "No waves noticed so far in Andaman and Nicobar Islands and Tsunami is so far virtually being ruled out, NDMA vice president Sasidhra Reddy told PTI.

Bruce Presgrave of the US Geological Survey (USGS), told the BBC that the nature of this quake made it less likely a tsunami would be generated, as the earth had moved horizontally, rather than vertically, therefore had not displaced large volumes of water. "We can't rule out the possibility, but horizontal motion is less likely to produce a destructive tsunami," he said.

In a bulletin, the Centre issued an Indian Ocean wide Tsunami watch alert effective for Indonesia, India, Sri Lanka, Australia, Myanmar, Thailand, Maldives, United Kingdom, Malaysia, Mauritius, Reunion,  Seychelles, Pakistan, Somalia, Oman, Madagascar, Iran, UAE, Yemen, Comores, Bangladesh, Tanzania,  Mozambique, Kenya, Crozet Islands, Kerguelen Islands, South Africa and Singapore.

There was an alert issued for Mumbai as well. However, there is a low tide on Mumbai coast at the same that as the projected time when the Tsunami waves would reach. This also means that there is no reason for panic on the west coast of India.

A giant 9.1-magnitude quake off Indonesia on 26 December 2004, triggered a tsunami in the Indian Ocean that killed 230,000 people, nearly three quarter of them in Aceh. Indonesia straddles a series of fault lines that makes the vast island nation prone to volcanic and seismic activity.

Here are the preliminary parameters of the earthquake…

 ORIGIN TIME -  0839Z 11 APR 2012
 MAGNITUDE   -  8.7

According to the bulletin, here is the possible Tsunami wave arrival time at forecast points. A Tsunami is a series of waves and the time between successive waves can be five minutes to one hour.




Economy & Nation Exclusive
The new FDI policy: Mix of relief and burden of additional compliances and limitations

After the Budget 2012-13 disappointments, foreign investors are expected to be relieved by some of the steps taken by the government to relax the FDI norms

The Department of Industrial Policy and Promotion (DIPP) on Tuesday issued the revised Consolidated Policy for Foreign Direct Investment (FDI) into India. After the Budget 2012-13 disappointments, foreign investors are expected to be relieved by some of the steps taken by the government to relax the FDI norms. Here are some of the key changes made in the new FDI policy.

1. Clarification on ‘leasing’ activity of NBFCs

The government has clarified that one of the 18 permitted activities of a non-banking finance company (NBFC), viz. leasing and finance, in which FDI is permitted under automatic route, pertains only to financial leases and not operating leases. This makes it clear that an NBFC classification will only be required if a company is undertaking financial leasing and not when it is undertaking operating leasing.

2. Pharmaceutical sector

A new sector limitation has been added under the new FDI policy for the pharmaceutical sector. Earlier, 100% FDI was permitted under the automatic route with no classification or differentiation based on greenfield or brownfield investment. Now, though the government has retained that 100% FDI in pharmaceutical sector is permissible, it has restricted investment under the automatic route only to the greenfield investments. Brownfield investment in the pharmaceutical sector is differentiated and is made permissible only pursuant to the Foreign Investment Promotion Board (FIPB) approval (i.e. the government route).

The amendment seems to have risen from the concern of the government that foreign entities, instead of investment in greenfield ventures were choosing to take over existing pharmaceutical companies in India. As was also reported by The Hindu in September 2011, between 2006 and 2010, six major Indian companies, including Matrix Lab by Mylan, Dabur Pharma by Fresenius Kabi, Ranbaxy Labs (which was India’s largest pharmaceutical company) by Daiichi Sankyo, Shanta Biotech (Sanofi Aventis), Orchid Chemicals (Hospira) and Piramal Healthcare (Abbott), have been taken over by MNCs and only 10% of FDI has gone to greenfield ventures. This had ignited concerns on India’s healthcare scenario, one of the most important being pricing of drugs. In view of the same, this seems to be a positive change as the approval route gives an opportunity to the government to review the investment on a case-by-case basis and impose restrictions and conditions, as may be appropriate.

3. Foreign Venture Capital Investors permitted to do secondary purchases

Recently, Foreign Venture Capital Investors (FVCIs) were permitted to undertake secondary purchases, which earlier was not permissible and FVCIs could only make primary purchases in accordance with the Securities and Exchange Board of India (FVCI) Regulations, 2000. The same has now been incorporated in the new FDI policy. This is a welcome change as there have been concerns with the FVCIs for not being able to make secondary purchases.

However, since SEBI’s Regulations on the Alternative Investment Funds (AIF) has not been released as of now, the new FDI policy states that FVCI can investment 100% of its corpus in Indian Venture Capital Undertaking (IVCU) and Venture Capital Funds (VCFs). However, the same is likely to change once the SEBI (VCF) Regulations, 1996 are repealed with the notification of the AIF Regulations.

4. Provision on Qualified Financial Investor (QFI) inserted

A new type of a foreign investor—not being a SEBI-registered FII and FVCI—has been inserted in the new FDI policy called a Qualified Financial Investors (QFI) who would meet SEBI requirements for making investment into India. Such QFIs are permitted to make primary as well as secondary investments of listed companies (i.e. invest in equity shares of listed Indian companies as well as in equity shares of Indian companies which are offered to public in India). QFls have also been permitted to acquire equity shares by way of right shares, bonus shares or equity shares, on account of stock split/consolidation or equity shares on account of amalgamation, demerger or such corporate actions. The individual and aggregate investment limit for QFIs is 5% and 10%, respectively, of the paid up capital of a company.

This opens additional doors for foreign investors for making investments into India. Currently, investment could be made under the FDI route, as a SEBI registered FII (or an FII sub-account) or as a SEBI registered FVCI. One positive point from a foreign investor perspective is that no separate registration is required for investment as a QFI. We have to wait and watch to see if SEBI would like to issue guidelines for operation of QFIs.

5. Relaxation in approvals for investment in commodity exchanges

While the sectoral limit for FDI in commodity exchanges remains unchanged, the government has removed the requirement to obtain FIPB approval for investments by FIIs and has only retained the requirement to obtain FIPB approval for the FDI component of the investment. As stated by the government, this change aligns the policy for FDI in commodity exchanges, with that of other infrastructure companies in the securities markets, such as stock exchanges, depositories and clearing corporations.

6. Single-brand retailing

Earlier, investment under the government route in single brand retailing was permissible to the extent of 51% only. Though the government has continued to monitor investments in the single brand retail sector by keeping it under the government route, it has enhanced the sector limit to 100%.

This surely is a step forward to further incentivise the foreign investment in the retail sector by continuing to act as a watchdog at the same time.

7. Investment by Foreign Institutional Investors

At present, FIIs may invest in the capital of an Indian company under the Portfolio Investment Scheme which limits the individual holding of an FII to 10% of the capital of the company and the aggregate limit for FII investment to 24% of the capital of the company. This aggregate limit of 24% can be increased to the sectoral cap/statutory ceiling, as applicable, by the Indian company concerned, through a resolution by its board of directors, followed by a special resolution to that effect.

With a view to make this increase in the sectoral limit more stringent, prior intimation to the Reserve Bank of India (RBI) is now required if the investment is made exceeding the aggregate limit of 25%, but within the specified sectoral caps. It is to be noted that while only intimation is required, approval has not been mandated. This does not additionally burden the FII with approval requirements but at the same time keeps the government informed of the FII investments.

8. Import of capital goods/machinery/equipment—conversion to equity

Presently, conversion to equity is permitted for import of capital goods/machinery/equipment including second-hand machinery. With a view to incentivizing machinery embodying state-of-the-art technology, compliant with international standards, in terms of being green, clean and energy efficient, second-hand machinery has now been excluded from the purview of this provision.

Overall, the changes brought in by the government are to balance the interest of the foreign investors to bring them in line with the economic goals of the government.

For the detailed FDI policy click here

(The authors can be contacted at [email protected] and [email protected])


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