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deneb

Well-Known Member
Deposits must be returned, even if firm is sick: Court
Deposits are not the same as loans but are, rather, in the nature of a trust enjoined upon the company accepting the funds to return them on time, even if the firm has gone sick. This salutary principle was laid down by the Delhi High Court, in Cement Corporation of India v. Popular Foundation of India.

The Respondent had placed a deposit of Rs 75 lakh and, on the petitioner claiming inability to repay the loan, had obtained an order from the Company Law Board in its favour, mandating repayment of both principal and interest.

Aggrieved, the petitioner had moved the Delhi High Court, with which, however, the alibi and plea of sickness for non-payment and immunity from recovery proceedings did not wash. The Court pointed out that the prohibition contained in Section 22(1) of the SICA against coercive proceedings against properties of a sick company did not extend to deposits made in trust.

The depositor was merely asking for return of money placed in trust without filing any suit for recovery, said the High Court pointing to the distinction between loan and deposits.

The Delhi Court quoted with approval the apex court which, the in Vijaya Mills case, had held that sales tax recovered from customers did not enjoy automatic stay against recovery proceedings against a sick company inasmuch as the tax recovered from customers was not the sick company’s property but the property of the government, lying in trust with the company.
http://www.thehindubusinessline.com/companies/article3836549.ece
 

deneb

Well-Known Member
Why SBI chief is all wrong in his understanding of CRR
Maybe a “zero virus” is at work. First, it was Kapil Sibal who propounded the “zero-loss theory” for the loss incurred in spectrum allocations. As if that wasn’t enough for the Congress to learn its lessons, it was P Chidambaram’s turn next to propose another “zero theory”—this time for the even greater loss incurred in coal mines allocation.

Just when we thought that the zero virus was limited to politicians, the State Bank of India (SBI) Chairman propounded another “zero theory”—this time espousing the cause of zero cash reserve ratio (CRR). Absurd enough as the first two zero theories are, even though not as obvious, the third one proposed by the SBI Chairman easily outranks the other two.

However, some historical background on the nature of banking would be required to understand why this is the case. Banks were, and even today ought to be, essentially warehousing operations. The notes issued when banking first came into being were deposit receipts against claims on money (i.e. gold or silver) stored in these warehouses and these notes were 100 percent redeemable against physical bullion.

For example, one US dollar represented a claim against one-twentieth of an ounce of gold. Other countries also had similar denominations—i.e. the pound sterling was defined as one-fourth of an ounce of gold.

Any person could walk into a bank and exchange this dollar or pound sterling bill for the said amount of gold bullion. This was the case for nearly 150 years prior to 1913 (ie, till the formation of the Federal Reserve).

But bankers being bankers, a few crooked ones figured out that they could issue more notes than the physical bullion they held as the process of redemption by their clients was never overwhelmingly large.

This was the origin of fractional reserve banking (what we call cash reserve ratio in India). In general, most banks of that era operated with a 40 percent CRR. It was when bankers got even greedier, we had the situation of loss of confidence and bank runs.

When the Federal Reserve was formed, only 40 percent of the currency issued was backed by physical bullion. The rest had still to be backed by bill of credit and other instruments, but the “gold standard” was irretrievably damaged with the formation of the Federal Reserve.

Even after this, however, the suspension of free convertibility of currencies into money was not an overnight occurrence. This happened through a series of gradual steps —temporary suspension during World War-I, Franklin D Roosevelt’s confiscation of private gold during the Great Depression of the 1930s, the Bretton Woods agreement that outlawed conversion for individual citizens while still permitting conversion for other central banks, and finally with Nixon closing the gold window in 1971 (he said it was temporary, but even after 40 years we are yet to see the reopening of the gold window).

These days, however, redeemability is not even in the realm of possibility for citizens and that’s really been the case since the Bretton Woods agreement in 1944. That said, only an intellectually inane banker would argue for a completely unbacked paper money system. This is what the claim of zero CRR essentially means.

So even though currencies today represent “unbacked liabilities of bankrupt governments”, a semblance of sanity is maintained through the pretence of CRRs. With central banks operating in such an intellectually embarrassing scenario, what the SBI Chairman said is the equivalent of Bernie Madoff declaring proudly from the rooftop that he is running a Ponzi scheme. No wonder, the normally demure Reserve Bank officials (no angels themselves, incidentally) responded with a rather sharp rebuttal.

So why did the SBI Chairman make such an observation? Only two possibilities – one, he is clueless about the nature of money, banking and why the practise of CRRs is in place. Or two, he wants to indulge in a grandiose swindle (zero percent CRR indicates a theoretically infinite money supply) on the scale of what John Corzine did at MF Global. My guess is that it’s the former, but either scenario doesn’t bode well for the future of depositors in the country, coming as it does from the head of India’s largest bank.

So, with the current fractional reserve banking system, even the best of banks are always under the threat of a bank run. They can never fulfil the claims of even 10 percent of their depositors if they make a claim for even paper currency. So why has such a system survived this long? This can only be answered with a rhetorical question—why did Greece survive this long even though it was just as bankrupt three or four years back.

Just as the bond vigilantes were asleep in the Greece scenario, depositors are asleep in the banking scenario. For sure, they will wake up one day. And the only way to avert a bank run then would be massive inflation of the currency by central banks.

So what should the ideal CRR be? In an honest bank, there ought to be a clear distinction between savings and current (or “on demand”) deposits. With current accounts, anything less than 100 percent CRR is a Ponzi scheme and it’s up to each society to decide what levels of fraudulent banking they would tolerate.

That said, with the state of technology we have today, it should be much easier to implement a 100 percent reserve banking system. And it’s only the money held under savings deposits that is available for issue of loans. That was the way honest banks operated prior to the formation of the US Federal Reserve and that’s the way they will operate in the future when the current fiat currency regime collapses.
http://www.firstpost.com/economy/why-sbi-chief-is-all-wrong-in-his-understanding-of-crr-436513.html?utm_source=MC_TOP_WIDGE
 

deneb

Well-Known Member
Ciudad Juarez: Life as a nurse in a deadly city
The Mexican border town of Ciudad Juarez was labelled Mexico's deadliest city, at the centre of a war on drug cartels. While murder rates have slowed, death is still a daily fact of life for nurses there, who have also found themselves to be targets.

"Every day I change my route to avoid unwanted attention. If they see us in our uniforms it make us targets of violence and kidnapping."

Auxiliary nurse Pablo Vasquez has been working the nightshift in A&E at Juarez General for six years.

Working nights means leaving the house in darkness, the most dangerous time in the city.

"A year and a half ago a fellow nurse was kidnapped so now I'm always extra careful," he says.

"When we park at the hospital we have to check all around before we leave the car."

Doctors and nurses are seen as wealthy and are a prime target for kidnappers in Juarez. Many have been held for ransom and even murdered.

Since the war on the drug cartels was launched by President Calderon in 2006, hundreds of medical staff have fled the city, leaving more than a third of the clinics and hospitals abandoned.

Thousands of troops and Federal police have attempted to crush the cartels, but violence erupted along the border and in Juarez it led to a three-way war between rival cartels and the authorities.
Pablo Vazquez, Maria Connolly Pablo showed Maria what nursing in Juarez is like

More than 8,000 men, women, and children have been killed in drug-related violence since the crackdown began.

Pablo admits it is not just his own safety he has to worry about - he lives in constant fear for his children. A family picnic means constantly monitoring who is around them.

And he is particularly worried about his daughters.

Over the past two decades, hundreds of women have gone missing in the city - some murdered, others never found.

"Almost everyone is touched by this situation," says Pablo. "Maybe not in your own family but your neighbours or someone you know has been affected."

A daughter of his neighbour went out to find work and never came back.

"They're women who work - students, prostitutes, factory workers, shop workers. Anybody," he says.

Maria treats a gang member who has been stabbed

"They say they are investigating - but how come no one is ever arrested?"

It is estimated that 96% of all murders in Juarez go unsolved.

Head Sister Trine De La Cruz, who works with Vasquez, was so concerned about her family's safety that she moved them to the US where they have dual nationality.

They made the decision when their upmarket neighbourhood was taken over by gangs and they were caught in a gunfight.

Trine's husband, son and daughter now live with relatives just over the border on the outskirts of El Paso, one of the safest places to live in the US. In 2010 there were five murders in El Paso - and 3,075 in Juarez.

But Trine admits she feels guilty about staying behind to work.

"I have thought about leaving but this is my job. I've been a nurse for 21 years and to leave my job because of what is happening here, I don't think that's the right thing to do."
Abandoned surburb in Ciudad Juarez Some neighbourhoods caught up in the drug war now lie abandoned

She also protects her identity at work, wearing a mask and covering her name badge when she treats patients brought in by police to their prison ward.

The hospital is patrolled 24 hours a day by heavily armed guards, after violence spilled over into the wards.

"When the violence started, some gunmen came in to take a patient away," says Pablo. "There were six of them, with pistols and rifles. I just ran away, I hid under the desk."

British emergency nurse Maria Connolly was astounded when he told her this story. She visited the hospital for a BBC documentary, spending two weeks experiencing life as a nurse.

It seemed like another world to Maria and the A&E department of the Royal Preston Hospital where she works.

"I think we'd be offered counselling if someone shouted in our face, but that? We'd shut the department you know, people wouldn't come back to work."

The first patient she helped treat was typical of many - he had no identification and had been found on the street unconscious. They were unable to save him, but with the hospital morgue full and another emergency arriving, the dead man had to be moved out of the hospital's only resuscitation bed.

In her two weeks in the hospital, she encountered patients with a range of violent injuries.

One teenage girl was shot through the neck for refusing to join a gang. Her friend was killed.

Maria spoke to one man who was kidnapped with his son and set on fire - all due to mistaken identity.

"If that happened in our department it would have been news - it would have been the first thing someone had said... this is normal I guess, it's crazy.

"I've been shocked by what I've seen. The numbers of people coming in who have been involved in violent attacks and there are so many that don't come to A&E as well - the people who are killed every night."

But after returning to the UK, it was the dedication of the nurses that stayed with her the most.

"When I was in Juarez if someone said 'would you stay or would you want to move out?' I remember thinking there's no way I'd stay. And since I've come home, I've just reflected on how dedicated they are.

"It renewed my belief in nursing and how important it is - I'd forgotten a bit of that."
http://www.bbc.co.uk/news/magazine-19397516
 

deneb

Well-Known Member
How to read an annual report
Annual reports are coming thick and fast these days, but do you think they are just tomes of endless prattle about sales and profits? Well, if this has made you push reading annual reports to the bottom of your to-do list, here are the areas to focus on.

About the company

The more dressed-up of annual reports start off with ritzy pictures and write-ups on what the company does, or does differently;recent initiatives undertaken which have paid off. It makes for quick reading.

But focus on the first important area the director’s report and management discussion and analysis (MDA). Here, you get detailed information on a company, its business segments and industry. Know zilch about the paints industry? Read up Asian Paints’ annual report. Hold stocks of Aditya Birla Nuvo but don’t exactly know the myriad businesses it is involved in? Read up the MDA. The sections explain what the company did in the past year, factors affecting the industry and how the company deals with it, impact of past and potential policy changes, what the company’s road map for the year ahead is, the threats it faces, opportunities it plans to exploit and so forth. At times, production figures, manufacturing capacity utilisation and basic ratio analyses are also included.

Details such as issue of foreign currency convertible bonds (FCCB) and global depository receipts, which are significant since they could lead to equity expansion , is contained here. For example, companies such as JP Associates and Suzlon have huge FCCB commitments. These sections help you understand both the industry and the company’s position within.

Crunch the numbers

There’s no getting away from numbers - the next areas to look at are the all-important profit and loss account (P&L) and balance sheet. They provide data on sales, profits, debt, assets and so on. Where a company has subsidiaries and incorporates these accounts with itself, look to the consolidated financials to get the correct financial position.

If you just want to know what a company does and how much money it makes, stop here. But if you would like to dig deeper, financial information is at its most detailed in annual reports.

Note the notes

Items in the P&L and the balance sheet are broken up into smaller components in the schedules or notes to the account so that you can make more sense of the accounts — raw material is cost head, but what exactly are these materials? For instance, Emami spent Rs 415 crore on raw materials in 2011-12. But knowing what these are — namely, oils, herbs, packaging material and chemicals — will tell you prices of which commodities affect Emami’s costs the most.

Apart from explaining the P&L and balance sheet in finer detail, notes and schedules to accounts reveal more. Changes in accounting policies such as depreciation or foreign currency treatment feature here. The extent of disclosures in the notes is a measure of the company’s transparency. You can also skim the auditors’ report at the start of the financials section — missteps on the company’s part are qualified here. The rest of the annual report contains cash flow and fund flow statements, resolutions and why they were passed, management background and remuneration, , and so on.
http://www.thehindubusinessline.com/features/investment-world/article3848299.ece
 

deneb

Well-Known Member
How NCDs are different from FDs
Companies such as Shriram Transport Finance, Muthoot Finance, Manappuram Finance and Shriram City Union Finance came out with Non-Convertible Debenture (NCD) issues in the recent past. NCD offers from other firms such as India Infoline and Religare Finvest are also on the cards. What are these NCDs and how different are they from Fixed Deposits (FDs)?

To begin with, like FDs, infrastructure bonds and tax-free bonds, companies use NCDs as another route to raise capital. For investors like you and I, an NCD is therefore yet another investment option available on the debt side.

Similarities

NCDs are similar to FDs in a few ways. For example, like FDs, the NCDs are issued by companies for varying time periods such as 400 days, three years, five years.

You can choose to receive the interest at maturity (cumulative option) or choose to receive it at certain intervals (non-cumulative option) if you require regular cash flows, just like you do for FDs. While bank and company FDs are not credit rated, both NBFC FDs and NCDs are rated by agencies such as CRISIL, ICRA or CARE.

Like in company FDs, the credit rating on NCDs serve as a filter to differentiate the less risky offers from the more risky ones.

For example, NCDs from both Manappuram Finance and Shriram City Union Finance were open simultaneously in August 2011, but while the former was given an AA- rating by CARE, the latter was rated AA, a notch higher, by the same agency. For both FDs and NCDs, the interest is not tax free. It is taxed under the head ‘Income from Other Sources’ at the slab rates.

Differences

There are however, few areas of distinction between these instruments. First, NCDs can either be secured or unsecured. A ‘secured’ NCD would mean that, in case the company is liquidated, the NCD holders would be given a priority in repayment of money due to them as they are secured by a charge on any of the assets of the company.

In this context, unsecured NCDs will be riskier, but companies compensate this by providing comparatively higher interest rates on these. Ditto with NCDs having a lower credit rating.

In FDs, there is no concept of secured or unsecured FDs. Bank FDs are generally covered by deposit insurance upto Rs 1 lakh. To this extent, they are secure. As this insurance is not available for other FDs, they are comparatively riskier. More so, if they have a low credit rating.

Secondly, investments in a five-year FD from scheduled banks are entitled to deduction under Sec 80C. NCDs of a similar tenure don’t enjoy this benefit. Besides, if FD interest is higher than Rs 10,000, tax is deducted at source (TDS) itself. There is no TDS for NCDs. Unlike FDs, they are mostly issued in demat form. Hence, investors may require a demat account.

The most important difference is that unlike FDs, NCDs can be listed and traded in the stock exchange, although the liquidity may not be too high.

A downward movement in interest rates for example, could lead to appreciation in the value of the NCD. Selling the NCDs in the market will attract short/long-term capital gains tax.
http://www.thehindubusinessline.com/features/investment-world/money-wise/article3848306.ece?homepage=true
 

deneb

Well-Known Member
Bad move on GAAR
The recommendations of the Shome Committee which went into the General Anti Avoidance Rules (GAAR) proposed in the Budget should be sweet music to overseas investors and companies even as they are bound to disappoint the tax administration and all those interested in equity in taxation. By recommending that it should apply only to cases where tax benefit is the main objective of an arrangement or transaction and not one of the main objectives, the Committee has taken the sting out of GAAR as originally envisaged. Rarely, if ever, can tax authorities prove conclusively that obtaining tax benefit was the main objective of an arrangement or transaction. The Committee’s report should also warm the hearts of foreign investors routing funds into India through sham companies based in Mauritius — it has explicitly stated that “GAAR provisions shall not apply to examine the genuineness of the residency of an entity set up in Mauritius”. In other words, a Tax Residency Certificate from Mauritius is enough to override GAAR provisions. This kills one of the most laudable objectives of the rules as envisaged in the Budget — that of plugging a loophole which foreign institutional investors exploited to avoid paying capital gains tax in India.

The recommendation to defer implementation of even these watered-down proposals until 2016-17 is the final nail in the GAAR coffin. The ostensible reason for this is that tax officers first need to be trained in the finer aspects of international taxation. It is doubtful if even these three years will be enough to impart our officers such deep knowledge simply because the tax-payer versus Revenue conflict is a cat-and-mouse game that evolves constantly. The protest from investors and companies over GAAR is understandable for its intent is to ensure they pay their due taxes. What is not understandable, though, is the government’s diffidence in seeing the Budget proposal through, especially because it is not new and is part of the proposed Direct Taxes Bill. Nor is GAAR a strange animal to overseas investors as many countries including Canada, China and South Africa have codified it in their tax laws. The U.K. is consulting stakeholders over introducing GAAR in its tax laws and has set its sight on next year’s budget. To those arguing that the timing now is not right, the only answer is that no time can presumably be right for such proposals that run against the interests of powerful foreign investors. The government did attempt to plug the Mauritius loophole once in the past when economic conditions were not as bad as they are now but it still had to backtrack following howls from investors. It looks like the stage is being set for an encore now.
http://www.thehindu.com/opinion/editorial/article3855349.ece
 

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