RBL, DCB and Federal Bank may hunt for new CEOs, BFSI News, ET BFSI

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It’s not just Kotak Mahindra Bank that has to do succession planning after the RBI capped the tenure of private bank CEOs at 15 years.

DCB Bank, RBL Bank and Federal Bank will have to look for new CEOs after the term of current ones ends in the next three years.

DCB Bank CEO Murali Natrajan has completed 12 years in the job and got a year’s extension this month.

Federal Bank CEO Shyam Srinivasan will complete 11 years in September when his second consecutive one-year extension ends.

RBL’s Vishwavir Ahuja also completes 11 years in June and is awaiting the RBI nod for another three-year term after the bank’s board approved such a proposal in January. Federal Bank and RBL boards have sought three-year terms for their CEOs. It remains to be seen whether the RBI will give this extension, which is within the 15-year limit.

Why the move?

The regulator’s directions on limiting CEO tenures come after the publication last summer of a discussion paper that had sought a review of the governance framework at commercial banks. A bank CEO who is also a promoter or major shareholder cannot hold these posts for more than 12 years, the revised RBI rules said.

Experts say governance lapses at Yes Bank also prompted the move by the central bank.

The new norms do not apply to bank CEOs whose tenures have already been approved by RBI.

“Banks with MDs & CEOs or whole-time directors (WTD) who have already completed 12 or 15 years as MD & CEO or WTD, on the date these instructions come into effect, shall be allowed to complete their current term as already approved by the Reserve Bank.”The banking regulator said

The impact

Bankers said the central bank’s move could hurt stability at small and medium private sector banks that require strong leadership and an understanding of the business to stand out in a competitive lending business. In a related move, the RBI has directed that half the directors in banks be independent ones. It has also put an annual Rs 20-lakh ceiling on fees to be paid to independent directors. It also said that independent directors have to chair bank boards.

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Useful tips to avoid falling prey to bank mis-selling

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In investing, as in life, it is useful to learn from other people’s mistakes. Some retail investors lost big money in Yes Bank’s Additional Tier 1 (AT-1) bonds last year, after Reserve Bank of India decided to write them off as part of a bailout package. But how did safety-seeking depositors in Yes Bank end up owning these risky bonds where the principal could get written off? SEBI’s order in this case offers some learnings on how you can avoid falling victim to mis-selling.

Get it in writing

In their complaints, the 11 investors said that it was the attractive pitches from their bank’s wealth managers that convinced them to buy the bonds. Some were told that AT-1 bonds were ‘super FDs’. Others swallowed the claim that they were ‘safer than Yes Bank FDs and equity shares.’ Some investors even thought they were merely renewing their FDs with the bank at a higher rate.

Given that none of the above statements were true, it is unlikely that the bank’s relationship managers made these claims in writing to the investors. They were simply taken in by verbal sales pitches.

While selling AT-1 bonds, bank managers were mandatorily required to share two documents with investors – an information memorandum and a term sheet. Asked by SEBI why they didn’t do so in this case, they either claimed that they did, or argued that investors ought to have checked these documents for themselves from the BSE website where they are posted.

Most of us are in the habit of investing in financial products based merely on an application form. The Yes Bank case shows just how injurious this can be to our wealth. Today, no financial product can be sold to you without a formal offer document, information memorandum, term sheet or prospectus. If you’re given only an application form, don’t hesitate to ask for and get hold of these additional documents.

The depositor isn’t king

SEBI’s findings show that of the 1,346 individuals who invested in the AT-1 bonds through Yes Bank, 1,311 (97 per cent) were Yes Bank’s own customers. Of these 1,311 customers, 277 prematurely broke their FDs to invest. Going by the amounts of ₹5 lakh to ₹80 lakh that these folks individually invested, wealth managers targeted the bank’s big-ticket depositors to down-sell these bonds.

While you may wonder why a bank’s staff should wean customers away from its own deposit products, this isn’t surprising.

Bank relationship managers in India have a long history of pitching all kinds of risky products to their customers from ULIPs to balanced equity funds to NCDs as fixed deposit substitutes. While they don’t receive any direct commission from such sales, their compensation packages are often linked to how much fee income they generate for the bank from selling exotic products.

So, the next time your bank’s relationship manager sounds as if he or she is doing you a favour by asking you to switch money out of your FD into an exciting new ‘opportunity’, be sceptical.

High returns equal high risk

Investors who are super-careful about avoiding capital losses in equities often turn far less vigilant when it comes to fixed income. The moment a wealth manager or distributor mentions a higher interest rate product, they’re quite eager to switch to make the switch. But the correlation between high returns and capital losses is actually higher with debt instruments than it is with stocks.

In fixed income, if a borrower is willing to offer you a huge rate premium over safe instruments, it is usually a warning sign that they are more likely to delay or default on repayments. Yes Bank’s AT-1 bond investors should have questioned why the same issuer (Yes Bank) should offer its bond investors much higher interest than it does its depositors. The answer quite simply is that AT-1 bonds can skip their interest payouts completely or write off principal, if the bank’s financials are stressed.

An argument that wealth managers used to sell AT-1 bonds to individuals was that they were sound investments, as they were already owned by institutions. This is a poor argument, as risk appetite and return expectation of a retail investor is seldom the same as that of an institutional investor. Institutions that held those bonds probably invested a minuscule portion of their portfolios while HNIs took concentrated exposures.

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SEBI imposes penalty of Rs 25 cr on Yes Bank in AT1 bond issue, BFSI News, ET BFSI

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Markets Regulator, Securities & Exchange Board of India (SEBI) has imposed a penalty of Rs 25 crore on Yes Bank in the case of AT1 bonds. Also, Vivek Kanwar has been fined Rs 1 crore, Ashish Nasa and Jasjit Singh Banga Rs 50 lakh each in this case.

SEBI has issued a 61-page order. In this order, SEBI has ordered this amount to be filled within 45 days.

The order mentions, “SEBI observed that the Noticees had facilitated selling of AT – 1 Bonds of YBL(Yes bank limited) from Institutional Investors to Individual Investors. It was alleged that during the process of selling the AT – 1 Bonds, Individual Investors were not informed about all the risks involved in subscription of AT – 1 Bonds. Therefore, it was alleged that the AT – 1 Bonds were fraudulently sold to the individual investors”

The document added “on account of such misrepresentation and fraud perpetrated on its own customers which lured them and induced them to buy these risky AT – 1 bonds and also induced some of them to alter their position from FDs to these AT1 bonds, such acts have to be viewed seriously. Therefore, I consider a penalty of Rs. 25 Crores(Rupees Twenty – five Crores only) on Yes bank.”



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Yes Bank executes its first trade borrowing transaction linked to SOFR

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Private sector lender Yes Bank has executed its first Secured Overnight Financing Rate (SOFR) linked transaction.

SOFR is an identified replacement for USD LIBOR (London Inter-Bank Offered Rate), which is likely to be phased out at the end of 2021.

“The transaction was a trade borrowing availed from Wells Fargo Bank and will provide further impetus to the bank’s export finance business,” Yes Bank said in a statement, adding that it is part of its benchmark transition management plan and is the first step towards a smooth transition to the new Alternative Reference Rates (ARR).

Also read: Privatising public sector banks isn’t a good idea

“This is an on-balance sheet transaction and is an industry-first onshore foreign currency borrowing on the SOFR benchmark. The bank will take strides towards adopting the new standards in the global context and this borrowing will support the bank’s endeavour to transition and adopt the new ARR,” said Ashish Agarwal, Global Head, Wholesale Banking, Yes Bank.

Santanu Sengupta, Managing Director and Head, CIB – FIG, APAC South, Wells Fargo Bank further said, “As the global financial markets transition from LIBOR to ARR, we are delighted to partner with Yes Bank on their first SOFR benchmarked loan.”

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Private banks’ net advances grow in March quarter

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The largest private lender HDFC Bank has shown a 13.9% year-on-year (y-o-y) growth in the loan book.

Private lenders have reported an improvement in the net advances during the March quarter (Q4FY21), according to provisional data released by the banks. While the largest private lender HDFC Bank has shown a 13.9% year-on-year (y-o-y) growth in the loan book, Federal Bank reported over 9% y-o-y growth in the advances. Similarly, IndusInd Bank has shown a 3% y-o-y increase in the net advances during the March quarter.

Although, Yes Bank has registered a meagre 0.8% y-o-y loan growth, its retail disbursements more than doubled to Rs 7,828 crore during Q4FY21. The provisional data also suggests a robust deposit growth for private lenders.

While Yes Bank’s deposits grew 54.7% y-o-y, IndusInd Bank registered a 27% deposit growth during the March quarter.

Similarly, HDFC Bank has shown a 16.3% y-o-y growth and Federal Bank showed a 13% growth in its deposit base.

The growth was supported by a strong current account savings account (CASA) deposits rise of 51.8% in Yes Bank, 27% growth in HDFC Bank and 26% in Federal Bank. In early March, rating agency Crisil said that in FY21, bank credit was seen rising 4-5%. This was a revision of the rating agency’s projection from June 2020, when they had expected the bank credit growth to be 0-1%.

In FY22, Crisil expects the bank credit to bounce back to 9-10% levels, driven by a pick-up in corporate credit, the government’s infrastructure push and a likely revival in demand. According to RBI’s latest bulletin, private banks clocked a credit growth of 8.6% y-o-y till February, 2021. The bulletin also mentioned that credit growth of scheduled commercial banks (SCBs) appears to have bottomed out as it grew at 6.6% y-o-y in February, 2021. Later, the non-food credit grew at 6.44% y-o-y for the fortnight ended March 12, 2021.

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YES Bank buys RInfra’s Santa Cruz office for ₹1,200 cr

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Anil Ambani-backed Reliance Infrastructure Limited has sold its office Reliance Centre at Santacruz, Mumbai to YES Bank for ₹1,200 crore. “Entire proceeds from sale of Reliance Centre, Santacruz is utilised only to repay the debt of YES Bank,” Reliance Infra said in a statement.

The office building is spread over a 21,432.28 square metre plot in Santacruz and housed Anil Ambani group’s headquarters.

Background

Last year, YES Bank had said that it was taking possession of the properties under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act for non-payment of loans amounting to ₹2,892 crore.

YES Bank had then said it had issued a demand notice on May 6, 2020 to Reliance Infrastructure Ltd under the SARFAESI Act to repay the dues within 60 days, which the latter failed to repay. “The bank had taken possession of the building last year. Now the two sides have agreed to formalise this into a sale deal,” said a source.

Prior to this sale, ADAG is estimated to have an exposure of about ₹4,000 crore to YES Bank. Reliance Infra has now closed three asset sale deals in the last 90 days as part of its debt reduction plan. This includes the Delhi-Agra toll road, Parbati Koldam transmission company, and now the Reliance Centre.

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Yes Bank takes over Anil Ambani’s Reliance Centre for Rs. 1200 cr, BFSI News, ET BFSI

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Reliance Infrastructure Limited’s Reliance Centre at Santacruz, Mumbai has been taken over by private lender YES Bank for ₹1,200 crore. The office building is spread over a 21,432.28 square metre plot and houses Anil Ambani group’s headquarters.

Reliance Infra said in a statement, “Entire proceeds from sale of Reliance Centre, Santacruz is utilized only to repay the debt of YES Bank.”

The Anil Ambani-led group is one of the biggest borrowers of YES Bank. The bank has also taken over another property of the group situated at Veer Nariman Road in Mumbai.

Last year, Yes Bank had said that it was taking possession of the Santacruz building and two other smaller properties owned by the company under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act for the loan amount of Rs 2,892 crore.

YES Bank had then said it had issued a demand notice on May 6, 2020 to Reliance Infrastructure Ltd under the SARFAESI Act to repay the dues within 60 days, which the latter failed to repay.

In January, 2021 Anil Ambani-led Reliance Infrastructure completed the sale of its entire holding in a power transmission joint venture with the state-run Power Grid Corporation of India for an enterprise value of Rs 900 crore.



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Yes Bank takes over Anil Ambani’s Reliance Centre for ₹1,200 crore

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Anil Ambani-backed Reliance Infrastructure Limited has sold its office Reliance Centre at Santacruz, Mumbai to YES Bank for ₹1,200 crore.

“Entire proceeds from sale of Reliance Centre, Santacruz is utilized only to repay the debt of YES Bank,” Reliance Infra said in a statement.

The office building is spread over a 21,432.28 square metre plot and housed Anil Ambani group’s headquarters.

The bank has also taken over another property of the group situated at Veer Nariman Road in Mumbai.

Last year, Yes Bank had said that it was taking possession of the properties under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, and comes for non-payment of loans amounting to ₹2,892 crore.

YES Bank had then said it had issued a demand notice on May 6, 2020 to Reliance Infrastructure Ltd under the SARFAESI Act to repay the dues within 60 days, which the latter failed to repay. ADAG is estimated to have an exposure of about ₹12,000 crore to YES Bank.

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SEBI orders attachment of Rana Kapoor’s assets to recover ₹1-cr dues

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To recover its pending dues from YES Bank founder Rana Kapoor, market regulator SEBI has directed the attachment of his assets.

SEBI had imposed a fine of ₹1 crore on Kapoor in September 2020 and he has failed to pay it. The fine was levied on Kapoor for not making disclosures regarding a transaction of Morgan Credit, which was an unlisted promoter entity of YES Bank. Kapoor had created an opaque layer between him and stakeholders and violated the provision of the LODR (Listing Obligations and Dislcosure Requirements) Regulation, Securities and Exchange Board of India had said in the order.

Also read: SEBI seeks ‘discretion’ in prosecutions

SEBI had sent a demand notice to Kapoor in February this year but he did not clear the dues. The pending dues, totalling ₹1.04 crore, include an initial fine of ₹1 crore, interest of ₹4.56 lakh and recovery cost of ₹1,000, the attachment notice says. SEBI has asked banks, depositories and mutual funds not to allow any debit from the accounts of Kapoor. However, credits have been permitted. Also, the regulator has directed the banks to attach all accounts, including lockers, held by the defaulter.

The Enforcement Directorate (ED) had arrested Kapoor in a fresh money-laundering case linked to an alleged ₹4,300-crore fraud at the Punjab and Maharashtra Cooperative (PMC) Bank in Maharashtra. Kapoor has already been in judicial custody after he was arrested by the central probe agency in March last year in connection with alleged financial irregularities and purported kickbacks paid to him and his family members in lieu of certain loans provided by YES Bank to a number of high-profile borrowers.

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Sebi orders attachment of bank, demat, MF accounts of Rana Kapoor, BFSI News, ET BFSI

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NEW DELHI: Markets regulator Sebi on Wednesday ordered attachment of bank accounts as well as share and mutual fund holdings of Rana Kapoor, former MD and CEO of Yes Bank, to recover dues of over Rs 1 crore.

The decision has been taken after Kapoor failed to pay the fine imposed on him.

Sebi, in September 2020, had levied a fine of Rs 1 crore on Kapoor for not making disclosures regarding a transaction of Morgan Credit, which was an unlisted promoter entity of Yes Bank.

By not disclosing about the transaction to Yes Bank’s board of directors, Kapoor created an opaque layer between him and stakeholders and violated the provision of the LODR (Listing Obligations and Dislcosure Requirements) Regulation, Sebi had said in the order.

Further, the Securities and Exchange Board of India (Sebi) issued a demand notice to Kapoor in February this year, although he did not pay any dues.

The pending dues, totalling Rs 1.04 crore, include an initial fine of Rs 1 crore and an interest of Rs 4.56 lakh and a recovery cost of Rs 1,000, the attachment notice showed on Wednesday.

In the notice, Sebi has asked banks, depositories and mutual funds not to allow any debit from the accounts of Kapoor. However, credits have been permitted.

Further, the regulator has directed the banks to attach all accounts, including lockers, held by the defaulter.

“Whereas no amount has been paid by the defaulter (Kapoor).

“There is sufficient reason to believe that the defaulter may dispose of the amounts/ proceeds in the banks accounts held with your bank and realisation of amount due under the certificate would in consequence be delayed or obstructed,” Sebi said.

In a notice to all banks in the country, the regulator ordered to “attach with immediate effect…all accounts by whatever name, including lockers of the defaulter, held either singly or jointly with any other person, in your bank”.

The regulator has also asked banks, depositories and mutual funds to provide details of all accounts held by Kapoor, including copy of account statements for the past one year. It has also sought complete information of all loan accounts and advances.



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