The market watchdog has extended the deadline for implementation of its ‘dealings between a client and a stock broker’ mandate till 30 June 2010 and will leave it to the stock exchages to handle sticky issues
Market watchdog Securities and Exchange Board of India (SEBI) has given breathing space for brokers to comply with its earlier circular dated 3 December 2009 which laid down fresh rules on how to deal with clients but the pushed the sticky issues of implemenation to the stock exchanges. The deadline to implement the new rules was set at 31st March, but now brokers can complete the necessary process till 30 June 2010. Although there are no changes in the clarifications issued by SEBI, brokers are happy with the new timeline.
Yesterday, Moneylife had reported first on how brokers were not able to keep up with the 31 March 2010 deadline for complying with the changes brought about by SEBI (read here).
The broker community had sought an extension from SEBI to cope with the new rules. “The stock brokers are now directed to ensure the full compliance of the said circular dated 3 December 2009 in respect of all clients—existing and new—latest by 30 June 2010,” states the SEBI circular.
“If it has given an extension of three months then it’s enough time to get our act together. SEBI has acknowledged that some time needs to be given and I think it is in the right spirit. We would have liked to have certain changes to be made but I think it’s fair,” said Alok Churiwala, MD, Churiwala Securities Ltd.
However, what SEBI has done is a mere postponement of the issues that brokers would find hard to handle. Moneylife has learnt that SEBI has pushed the issue of implementation to the stock exchanges since it does not want to handle the problems thereof.
Among the various changes initiated by SEBI are related to the KYC (know your customer) compliance norms. Maintaining KYC documents of existing clients is proving difficult for brokers while those who have online accounts will have a smoother transition. “It is not feasible to take signatures of clients on the form every year,” said a broker.
According to sources, most of the brokers will have a difficult time complying with the rule even if it is implemented. A client has to sign around 80 times on a KYC form.
Only brokers who are maintaining online transfer of funds will be able to deal with the new mandate smoothly. Brokers will have a tough time maintaining KYC forms for the older clients. Among the several changes made in the new KYC norms include having a font size of 11. According to sources, this would only make the form bulkier and the client may end up signing the form without reading the fine print.
“Clients sign where they are asked to sign. It was happening earlier and will continue to happen. It’s not desirable but that’s how it has been. Earlier everything was a part of the same booklet and the client did not know what was compulsory and what was not compulsory. Now clients have a choice,” said Alok Churiwala, MD, Churiwala Securities Ltd.
“People who are doing the transactions online will be able to make the transition smoother because they don’t have to change the system; others will have to get used to the new model. Whatever extension is given is welcome,” adds Mr Churiwala.
One of the changes proposed by SEBI is that funds lying in clients’ accounts have to be squared off at least once in a quarter or month depending on the preference of the client.
But this is going to cause problems. This is because based on the initial deposit of funds and securities with the broker, clients are given an exposure for trading. “A compulsory settlement of funds and securities on a monthly/quarterly basis would result in the clients’ exposures being nullified. The exposure for trading would not be available to the client till such time that the client is able to replenish the funds and securities with the broker. The movement of funds and securities through paper instruments (cheques & Delivery Instruction Slips respectively) would imply that the client can be locked out from the market for two-three days. This would be the transit time required by the client to receive funds and securities from the broker and submitting it back to the broker for availing further exposure,” said the head of operations of a broking company.
According to SEBI sources, transferring of clients’ funds back to their accounts on a monthly or quarterly basis cannot be implemented so easily by the brokers and the watchdog is aware of that aspect. After receiving concerns from the brokers’ community, SEBI does not want to retreat from its earlier stand and has settled for an extension of the deadline for three months with exchanges being asked to handle the fallout.
GMR acquired power utility InterGen, based in the Netherlands, at a transaction worth $1.10 billion in 2008. Two years later, not much financial information is available about the acquired company in the public domain
GMR Infrastructure’s overseas acquisition of InterGen NV in 2008 was touted as one of the biggest Indian overseas acquisitions, specifically in the energy sector. Two years later, when InterGen’s assets form a significant part of GMR’s power assets, not much financial information about the Netherlands-based company is available in the public domain.
GMR had acquired the 50% stake in InterGen from AIG Highstar Capital II LP, a fund owned by the American International Group. Back in 2008, according to a press release issued by GMR, the transaction was valued at $1.1 billion.
In October 2008, InterGen issued a press release on its website stating that GMR Infrastructure Limited had completed its previously-announced acquisition of a 50% interest in InterGen from AIG Highstar Capital and affiliates. The balance 50% in InterGen is held by Ontario Teachers’ Pension Plan. This Canadian pension plan has held this stake in InterGen since 2005.
According to a Karvy Research note, InterGen’s total present operational capacity is around 6,254MW, of a total equity value of Rs32,226 million, thus placing GMR’s 50% stake in the power utility at a value of Rs16,113 million.
This stake in InterGen is significant considering GMR’s total operational capacity (including all its subsidiaries)—and excluding InterGen—is only around 9,087MW. The total stake value of GMR in all the assets and projects owned by it is around Rs2,68,065.40 million, including InterGen.
InterGen has 12 power plants located across the UK, the Netherlands, Mexico, Australia and the Philippines. GMR’s presence in these countries is only due to the InterGen acquisition.
Despite InterGen forming a significant asset base for the group and GMR having acquired the stake at $1.1 billion, not much information is available about the company on GMR’s website or in its annual reports.
GMR’s annual report for 2008 -09 states that the financial results of InterGen have not been considered in the consolidated results of the company pending conversions of Compulsory Convertible Debentures (CCDs).
GMR’s results for the December 2009 quarter also state that the company has given a corporate guarantee of up to a maximum of $1.38 billion to the lenders on behalf of a fellow subsidiary to enable it to raise debt for financing the InterGen acquisition.
InterGen, with its headquarters in the Netherlands, was delisted from the Singapore Stock Exchange in 2008. The ‘financial reports’ section on InterGen’s website is also locked from public view. Thus, accessing the company’s financial data is almost impossible.
According to one of the analysts tracking GMR, InterGen’s plants are operating satisfactorily, but not much data is available to state the exact operating profits of the company. An email sent to the GMR corporate communications department requesting more financial information on InterGen remained unanswered at the time of writing this article. Similarly, an email sent to InterGen was also not immediately answered.
Though InterGen’s financial information is not available in the public domain, facts and figures related to the company’s existing—and planned—capacity as well as debt can be accessed only through analyst reports.
As per the Karvy research note, InterGen has a total 8,086MW of net operational capacity (including 428MW under construction in the Netherlands). Of the 8,088MW, its net equity capacity is 6,254MW. About 70% of InterGen's capacities are sold on a long-term basis and the remaining on merchant basis.
The note further states that InterGen’s market value is around Rs1,43,546 million. The company holds debt of around Rs1,86,550 million. Given GMR’s 50% stake in Intergen, GMR’s InterGen stake is valued at Rs 71,773 million.
The SEBI directive means that AMCs will have to pay upfront commissions out of their recurring expenses accounts or from their own pockets
In a move to bring protect investors’ interests, market watchdog Securities and Exchange Board of India (SEBI) has mandated all asset management companies (AMCs) not to pay upfront commission to distributors from the load account. They can now pay upfront commission only from the recurring expenses account or from their own pockets. AMCs will have to comply with this new rule from 1 April 2010.
It may be recalled that Moneylife had earlier reported on how fund houses were paying upfront commissions for ELSS and other schemes to garner assets. (Read here).
After the ban on entry load by SEBI, fund houses were paying upfront commission from the load account. If an investor exits from the fund before the lock-in period, the exit load was transferred to this account. The commissions were as high as 2.5%-3%. Money held in a load account is supposed to be invested for the schemes and investors but AMCs were using this fund to pay upfront commission and for marketing purposes.
The new rule spells good news for investors but Independent Financial Advisors (IFAs) are up in arms. They feel cornered and discriminated against especially since insurance companies are able to offer lavish incentives to their agents.
According to sources, AMCs may now increase the trail commission or decrease the exit load in order to stop churning. AMCs were paying upfront commission which included trail of either one to three years or after negotiating the terms with the distributor. Distributors will now have to depend on the trail commission which is around 0.25% to 0.50%. If an investor holds Rs1 lakh investment in a mutual fund for six months, then the distributor gets Rs125 (0.25%) as trail commission.
“People expect to get money from the advisor rather than giving money to the advisor. The IFA does not get any money for selling Rs10,000 in a mutual fund. He may get it only if the investor holds on to it for six months or one year. The day-to-day survival of small IFAs will become difficult after the new SEBI rule, “said Ramesh Bhatt, CEO, Aniram, a Chennai-based IFA.
“Most of our customers give cheques of Rs10,000-Rs15,000. IFAs have to do 10 times more business now. Most of them will move out from the fund industry,” added Mr Bhatt. According to sources, AMCs will now only be able to pay 25 to 30 basis points of upfront commission. “It will mainly affect the smaller IFAs. The market will not expand,” said an IFA. “Sundaram Entertainment Fund had paid 1.50% upfront commission for one week. They had announced a dividend and wanted to capture maximum money by paying an upfront commission. Earlier when 2.25% commission was paid, we paid 25 paise as service tax and were left with 2% out of which we paid cash back of 1.75% to the investor,” said a distributor.
SEBI had earlier mandated AMCs not to pay dividend out of the unit premium reserve. The hefty dividend payout was merely a marketing tool by fund houses to attract more investors. The AMCs contacted by us did not wish to react to the new SEBI directive.