IL&FS Scam: PF, Pension Funds Staring at Huge Losses; FinMin Says No Govt Guarantee
Even as provident fund (PF) and pension fund trusts, which have invested in the bonds issued by debt-ridden Infrastructure Leasing and Financial Services Ltd (IL&FS), are fearing big losses, the finance ministry had said that such superannuated bonds do not carry any government guarantee and are exposed to market risks.
 
Thousands of crores of rupees of over 1.5 million employees of both public and private sector companies are exposed to IL&FS bonds through more than 50 funds. These include PF trusts of state electricity boards, public sector units (PSUs) and banks.
 
Responding to queries from IANS, the finance ministry says, "Since these are investments in bonds, the government does not ensure any guarantee on them as such and if these are invested in stock markets, they carry the market risks as applicable. It is between the bond issuer and bond holders..."
 
As many as 1.5 million salaried employees across different sectors are caught in this ticking time bomb and the number is only likely to go up as the true extent of the malaise is known and understood. 
 
Till September last year, Indian rating agencies, not realising that IL&FS was set to implode, were giving Triple A rating to the bonds. With elections around the corner, this new exposé will further polarise the debate. After all, it is salaried employees who are now staking claim to their hard-earned monies.
 
Since these are tradeable instruments, the exact quantum is not known, but investment bankers estimate it to be in thousands of crores since the infrastructure company's bonds—which were 'AAA' rated - were preferred by retirement funds that have a low-risk appetite but still have to get assured returns even when interest rates are low.
 
The provident and pension fund trusts have filed intervening applications in the National Company Law Appellate Tribunal (NCLAT) stating that they stand to lose all the money since the bonds are under unsecured debt.
 
The worries of pension and provident fund trusts come from the classification of IL&FS profiling its companies about which can meet the dues obligations. Many important trust managing funds of PSUs like Metals and Minerals Trading Corp of India (MMTC), Indian Oil Corp Ltd (IOC), Housing and Urban Development Corp Ltd (HUDCO), State Bank of India (SBI) and IDBI are among those filing petitions. From private sector, Hindustan Unilever Ltd (HUL) and Asian Paints Ltd are among the petitioners.
 
IL&FS is currently under resolution process at the National Company Law Tribunal (NCLT). The process will decide under Section 53 of the Insolvency and Bankruptcy Code (IBC) the order of priority for distribution of proceeds of the process.
 
IL&FS has informed the NCLT that of the 302 entities in the group, 169 are Indian companies, out of which only 22 are emerging as those which can meet all obligations (green), while 10 firms can pay to only secured creditors (Amber). 
 
There are 38 companies of IL&FS (red) which cannot meet any obligations of payment, and 120 entities are still being assessed.
 
These PF and provident funds trusts are worried that if payment is limited to secured creditors, then only financial creditors like banks will receive the dues while unsecured bond-holders will not get any payments.
 
The employee provident funds (EPFs) of various companies and other entities had invested in IL&FS bonds that are unsecured and bondholders may or may not get paid in the ongoing crisis at IL&FS. 
 
In any case, they are seen pretty much last on the priority list. Over 75 companies and their PFs have filed an intervening petition before the appellate court to seek directions and instructions on repayment to unsecured creditors. 
 
IL&FS bonds attracted investments by PF trusts SBI and Life Insurance Corp of India (LIC), had stake in the group, which gave its bonds the comfort factor.
 
Last week, a parliamentary committee recommended an inquiry into the role played by LIC and credit rating agencies (CRAs) in landing IL&FS into a debt trap. An investigation into the role played by LIC in the IL&FS mess becomes imminent as it is the largest shareholder in the conglomerate. The role of CRAs has come under the scanner as they failed to adequately vet IL&FS financials that led them to over-rate IL&FS entities just before signs of stress started appearing.
 
Calling for urgent measures to revive IL&FS while noting that it is the "only major institution funding the infrastructure projects in the country", the Parliamentary Standing Committee on Finance said the governance failures and indecision on the part of the IL&FS's board should also be thoroughly probed.
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COMMENTS

I P J ALBUQUERQUE

2 months ago

95% plus of politicians in India are scum, except a very few only 2 names of the current lot come to mind readily MANMOHAN SINGH and A K ANTONY most others have some skeletons in their cupboard mostly corruption inordinate greed for money and power is the driving force and allmost all industrial groups have questionable ethics and immense greed for money . The latter finance the former and naturally will try to extract quidproquo along with usurious rates of interest . The result is there to see for all ,NIRAV MODI, MEHUL CHOKSHI, IIFL any number of their ilk no action or faulty action at a snails pace. Totally disgusting

balakrishnan

3 months ago

people as voters need to apply common sense; never be carried away by these political parties when they vote in 2019 elections; many lost heavily their pension and pf funds.

VASANT KULKARNI

3 months ago

IS ANY OTHER FIELD IS LEFT FOR DWINDLING?

REPLY

SURAJIT SOM

In Reply to VASANT KULKARNI 3 months ago

Lets call a conference of top babus , PSU bank honchos ( Retd or otherwise). They will give a lot of ideas about stealing money. NETAS, of course, loot brazenly.

AAR

3 months ago

1. I heard the ILFS top guy is hiding in USA now. Why not extradite him?
2. Rating agencies India or abroad are clowns. They have never given even a small clue to identify "bubble" companies. They just use the data provided by the management to arrive at the rating. After the company collapses they do downgrade it. Whats the use of these Rating agencies? Why not eliminate them totally?

REPLY

S Balakrishnan

In Reply to AAR 3 months ago

There was a look out. How did he go?

Jibu Marks

3 months ago

Alarming!! Especially as these investments were classified by the Rating Agencies as of highest quality continuously. We can't blame the investors alone. Now few question remains.

Aren't these agencies also responsible?

Who will take action on the Rating Agencies?

How do trust them going forward?

As Mr Surjit Som mentioned in his comment; all the directors of IL&FS along with the Rating Agencies needs to be prosecuted.

SURAJIT SOM

3 months ago

PF, Pension Funds are staring at huge losses. The headline says it all. These are not private entities. This scam happened while some of our senior most IAS' officers(Retd or otherwise), PSU Bank honchos were sitting on the Boards of IL&FS. It will be difficult for the government to let these criminals go scot-free. PE, Pension Funds are involved !!!!!

Bipin Kochar

3 months ago

Private EPFs are required to pay at minimum the interest declared by EPFO - any shortfall is to be made good by the company. Employees thus should hence not lose their hard earned savings.

IL&FS Scam: ED Searches 6 Places in Delhi, Mumbai & Gurugram
The Enforcement Directorate (ED) is carrying out searches at six places in Delhi, Mumbai & Gurugram in connection with a case registered in the Infrastructure Leasing and Financial Services Ltd (IL&FS) matter.
 
The ED has registered a case against former top officials of IL&FS, including its former chairman Ravi Parthasarathy, under the Prevention of Money Laundering Act (PMLA).
 
According to a report from Economic Times, the ED case follows the predicate offence registered with Delhi Police.  The Delhi Economic Offence Wing (EOW) is also probing the cash-strapped IL&FS and had registered a case under various sections of the Indian Penal Code (IPC) for criminal conspiracy and forgery.

The EOW’s case was based on a complaint by Ashish Begwani, director of New Delhi-based Enso Infrastructures.

It was alleged that in or about August 2010, Mr Begwani was approached by officials like Mr Parthasarthy, Hari Shankaran, and K Ramchand — all directors of IL&FS Transportation Networks Ltd.

“Allured by the tall promises, Enso Infrastructures agreed to invest in the company IL&FS Rail Ltd and invested Rs170 crore in order to take 15% shares of IL&FS Rail, a special purpose vehicle (SPV) for the Gurgaon Metro project. However, over a period of time, complainant observed that the company is not performing profitably and funds are being misused,” the complaint said.
 
According to reports, the searches are being carried out at the residential premises of the company directors, including Ramesh Bawa and Mr Parthasarathy.
 
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IL&FS Scam: NCLAT Lifts Moratorium, Orders Foreign, 'Green' Subsidiaries to Service Debt Obligations
The National Company Law Appellate Tribunal (NCLAT), while lifting the moratorium, has asked Infrastructure Leasing and Financial Services (IL&FS) and its group companies to service their debt obligations. 
 
Earlier, the NCLAT had imposed a 90-day moratorium on loan recovery from all 133 off-shore entities and some 22 domestic companies of IL&FS group.
 
The group with a consolidated long-term debt of around Rs91,000 crore has 133 entities which have been incorporated or located outside the country's jurisdiction including IL&FS Africa Infrastructure Development Company, IL&FS Global Finance Services (UK) Ltd and IIML Fund Managers (Singapore) PTE Ltd.
 
Accordingly, some of these companies would either have to service their obligation as per the agreed terms with lenders. However, many of these entities are said to be deep in the red and these could face liquidation.
 
In addition to the foreign entities, 22 firms out of the 169 subsidiaries, which have been incorporated in India, have also been taken out of the moratorium.
 
At present, only 22 companies from the IL&FS group have been categorised under the green category. The companies under this category include IL&FS Investment Managers, IL&FS Securities Services and IL&FS Paradip Refinery Water, among others.
 
Subsequently, a classification of entities into 'green', 'amber' and 'red' has been done by the resolution consultant appointed by the new board based on the 12-month cash flow based solvency test.
 
Until now, out of 169 companies of the group that have been incorporated in India, only 69 have been classified into the three categories.
 
As per the classification norms, 'Green' entities are those companies, which can service their debt obligations, while firm in 'Amber' group can partly meet their obligations and 'Red' are those which cannot make any payment obligations
 
Further, NCLAT has appointed former Supreme Court Judge Justice DK Jain to supervise the 'resolution process' of the IL&FS Group and its subsidiaries.
 
Last year, the Central government superseded the management of the beleaguered company via a NCLT order and appointed a six-member board led by Uday Kotak, managing director and chief executive (MD&CEO) of Kotak Mahindra Bank, to restore its financial solvency.
 
Key public sector lenders and undertakings such as Life Insurance Corp of India (LIC) and State Bank of India (SBI) have a shareholding of 25.34% and 6.42%, respectively, in IL&FS. The credit crunch has led a few of the company's subsidiaries to default in servicing some of the inter-corporate deposits.
 
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COMMENTS

G. C Mathur

2 months ago

email: [email protected]

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