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neo bank india

NEO Bank Legal Blocks in India

By Corporate Law, Banking, Others No Comments

NEO Bank in India

With the rise of easy credit and convenience in the economy, NEO banks can be seen on the path to a successful trajectory. The financial woes being exacerbated by the pandemic, it has been the major contributor to the successful launch and trajectory of the NEO banks in India.

With higher digitization penetration in India and growing usage of mobile technology, the country has seen a paradigm shift from archaic physical banks to online banking being offered by NEO banks. Thus, it can be rightly stated that the pandemic has ushered the paradigm and a seismic shift in the banking and payments industry in India.

A NEO bank is a bank that operates bank exclusively online. With its newer system of operation, it does not have any traditional physical branch networks. Thus it can quite rightly be stated as a new entrant in the digital payments space.

The detestable hurdles

Talking about the NEO banks in the Indian context, neo-banks are not directly regulated by the banking regulator. This is mainly due to the fact that RBI does not grant licenses for operating virtual banks in India. It is interesting to note that it effectively has permitted conventional banks to outsource certain functions.

This has been done under the guidelines on managing code of conduct and risks in outsourcing financial services. This was back in 2006. With the newer regulations, the association or the ability to partner with cooperative banks has been limited and has been curtailed. The ability to partner with the NEO banks has been done in the case of serving the unbanked or underbanked sectors.

It is to be noted that there are certain sectors like agriculture that are underbanked or underserved by the banks. But with the curtailment of the partnership of the co-operative banks and the Neo banks, has curtailed and restricted outsourcing of core management functions.

It is to be noted that Indian neo-banks typically enter into partnerships with Cooperative banks to outsource arrangements in order to provide a host of products and services to various sectors. Thus, since the banks have been barred to outsource core management functions such as compliance functions, internal audits, and decision-making functions, they will be barred from offering some key banking services.

This is mainly due to the fact that most crucial core management functions have been denied to the NEO banks like compliance with know your customer (KYC) norms and sanctioning loans and investment portfolio management, which are quite crucial for any entity that is effectively offering banking services.

Now, it is to be noted that NEO banks are of strategic importance in the economy. First, as aforementioned, it finances the unbanked sectors that have a hard time getting loans for functioning. This includes some crucial sectors like agriculture which is the largest contributor to the economy.

Secondly, the Neo-banks have been targeting both the retail and the business sector. Given that these sectors were the worst hit during the pandemic and are still reeling under the effect of the pandemic, NEO has taken the central stage in rebuilding the economy.

NEO banks have been helping the retail sector and the MSMEs to effectively open digital savings or current bank accounts. But with the latest amendments of RBI, such an ambition might be hazy. Additionally, NEO banks are best suited for facilitating money transfers efficiently using existing payment rails. This is mainly done by Neo-banks to support their customers in availing credit lines; thus they often act as a direct selling agent for financial institutions. Thus, NEO banks’ attributes are quite crucial.

Given the aforementioned detestable attributes, several other factors contribute to the block in the NEO banks’ functioning. The main hurdle is the ambiguity that is offered by the RBI. This is due to the fact that the RBI does not entirely recognize virtual banks. On the other hand, it does not even regulate neo-banks. As a matter of fact, many neo-banks choose to act as business correspondents of various conventional banks. This is effectively leading the entities to further financial inclusion in remote areas. This is due to the fact that in order to act as BCs, companies need to effectively have widespread retail outlets.

Secondly, the biggest discrepancy that NEO banks are facing is the threat to security. this is due to the fact that conventional banks would emphatically expect infrastructure and security practices of neo-banks. This would be effectively needed before partnering with them.

neo bank blocksThus in pursuit of a successful partnership, NEO banks will have to definitely upgrade their systems so that safer services can be provided. Lastly, the most important cornerstone of the whole structure is data privacy. It is to be noted that for secure online transactions and payment systems, ensuring data privacy is the key.

Thus, given various roadblocks in the future of the NEO banks, it is quite hard to decipher the future of the same at the moment. Perhaps, bringing the NEO banks under the ambit of the RBI regulations will be a start. With regulations in place, credit debacle or bubble can be avoided, which can prove quite crucial for the upcoming future of the upcoming digital payments system.

On the other hand, with the onslaught of the pandemic, the RBI should emphatically consider fully embracing virtual or branch-banking services. Thus, what will be the stance of the government or the RBI is something we’ll have to wait and watch.


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neo bank blocks

central bank digital currency

Will Central Bank Digital Currency Be a Game Changer?

By Economy, Banking No Comments

Central Bank Digital Currency

Given the rise of digital currency the previous year, it is to be noted that it has spiked the interests of many for investments, even though it might put them on the wrong side of the law and at odds with the government. Given such a spike in the public’s interest, it is quite right to see that the interest of the regulators to regulate the unpredictable market has also spiked. This has effectively led the world’s central bankers to begin discussions on the idea of central bank digital currency.

On the other hand, countries like El Salvador and Miami have shown their burgeoning interest in the crypto that has led even the International Monetary Fund and its managing director to talk openly about the pros and cons of the contentious digital currency.

This conversation should also take into consideration the fact that cash is hugely being used less and less in various other countries. At the same time, digital payment systems in various countries will essentially give CBDC tough competition. Various payments apps like PayPal, Venmo in the West; Alipay and WeChat in China, and Paytm in India can offer attractive alternatives to the central bank’s services and initiatives.

central bank digital currencyBut here it is to be noted that only commercial banks have the access to central banks’ balance sheets. This also effectively includes that central banks’ reserves are already held as digital currencies, this is why central banks will be more efficient and cost-effective than any other payments platform in mediating interbank payments and lending transactions.

Given that no other individuals or corporations enjoy such unhindered access, they too must rely on licensed commercial banks to process their own transactions. Thus central banks have an upper hand in processing payments and transactions and thus a more reliable digital banking system.

Talking along similar lines, RBI too recently indicated the fact that it too is considering a phased introduction of a central bank digital currency (CBDC). Given that the unregulated black market is booming under the vigilance of the central regulator, it has become quite mandatory for the RBI to regulate the uncanny market.

Thus, the introduction of a CBDC will fundamentally do just that, it will change the archaic, fundamental currency and payments ecosystem. But given a certain amount of freedom that will be provided in such a model, RBI will be seen as assuming a greater role as the issuer of digital currency.

It is to be noted that an introduction of CBDC will revolutionize digital payments as digital currencies are currently able to effectively penetrate remote areas. This is because a user only needs internet connectivity and a mobile phone to transact using a digital currency, thus CBDC will help penetrate the banking system not only in urban areas but also in rural areas. 

Another enticing advantage that will be included in the model will be a high convenience factor, which would be unconventional given the bank’s lengthy transacting procedures that are a canker for its users. A regulated CBDC will help keep the model safe, and low-cost, thus making the payment experience convenient. The low-cost model will not be only beneficial to the end consumer but also to banks as lower costs will be incurred for printing paper currency.

Another area where a CBDC can significantly and effectively reduce time and settlement risks in cross-border transactions. And it is to be noted that once the domestic model and cross-border transaction regulatory framework is set up and well-defined, the market can positively and optimistically expect a lot of product innovation in a similar space.

 It is to be noted that once CBDC will be regulated and will be under RBI’s scrutiny and vigilance it will be essentially given legal tender that will be issued in a digital form. Some of the other key benefits of CBDC have already been achieved via UPI-based payment products. Given, that CBDC will be regulated, it will essentially lower systemic risk and will help introduce diversity and innovation in digital payments.

central bank digital currency rbiThough, it is to be noted here that RBI, as the issuer of CBDC, will effectively decide whether CBDC tokens will be interest-bearing and whether the ability to “convert” CBDC to physical cash shall be given or not. Additionally, RBI will also decide upon the degree of anonymity that will be associated with the use of CBDC, which seems quite unlikely as anonymity of character is what will render RBI’s vigilance and analyzing program useless. 

Additionally, RBI’s role in the mole restructuring will be quite prominent as its choices will determine the severe implications for the digital payments ecosystem in the economy. Well, it will depend on RBI whether CBDC should be utilized for both retail payments or should its usage be limited to wholesale payments for transactions only. Father, RBI’s sagacious amassing tools will only determine whether CBDC be issued via an account-based or a token-based model.

But this gives rise to an inquisitive question that how will the model work whether the settlement and interfaces in connection with a CBDC be undertaken solely by the central bank itself or will the roles of private banks in the banking and payment systems be invariably changed? Once a wider consumer base for CBDC is built, a reduction in bank deposits would directly and indefinitely affect the pricing of and access to credit. This is when RBI would have to factor in other commercial banks to share the burden. 

Thus, the decision to introduce a CBDC  to not includes higher analysis and scrutinization. And what really such a centrally monitored digital currency brings to the economy is yet to be deciphered.


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regulations on social media

Impact of The Newer Regulations on Social Media Companies in India

By Others No Comments

New Regulations on Social Media Companies in India

If you are an avid spectator of government policies that are contentious and debatable, chances are that you have, in-depth, learned about the Indian government and WhatsApp, the fakebook fiasco that had materialled recently. With India’s new social media rules unveiled, it is quite a fact that other countries such as the US, the UK, and Australia will be impacted.

This is mainly due to the fact that various international social media platforms work in India and with the newer regulations, the impact on such platforms is bound to be emphatic and immense.


The topic of online regulations is not novel. Various western countries have been emphatically pressing for the imposition of laws that can lead the social networks to take rightful responsibility for the content that is published on their platforms. But given the contentious nature of such laws, various experts have expressed their concern regarding the matters of infringement of freedom of expression and privacy.

government regulation of social media in indiaIndia, the third-largest economy in Asia, is among the top three internet markets. According to reports, it has close to 700 million users which make the matter quite significant and intricate. With such a humungous consumer base, it can quite rightly be said that content that is consumed by the public needs to be scrutinized for the very basic purposes of monitoring hate speech and fake news.


Talking about the US digital forms like Facebook, it oi to be noted that they have been placed under fire concerning the spread of false narratives and propaganda online. With tighter regulations, the companies have much to lose not only In India but also across the world.

This is due to the fact that if companies effectively accede to government diktats in India, they can’t particularly refuse to abide by the same laws across the globe. Such an assumption can be corroborated by the fact that India’s ban of the Chinese Tok-Tok app had nudged the US government to order a similar halt on the Byte dance-owned company.

Thus, with the enforcement of laws in India, it can quite be rightly stated that various countries such as the US, UK, and Australia will follow suit. This will definitely lead the US social media platforms to face challenges in India and across the world.


Amongst all the dissenters opposing the recent IT laws, WhatsApp too has picked up its sword of dissent. This can be emphatically witnessed in the ongoing battle between the government and WhatsApp in court. Given the commitment of the Indian government to enforce such laws, it can be deciphered that it will be a long battle for WhatsApp. This is mainly due to the rise of assertion and acceptability of such laws by various other countries.

The newer Indian laws for traceability have also emphatically and significantly found resonance in countries such as the US, the UK, and Australia. In addition to the woes of such social media companies, is the fact that India is a strategic location for their functioning. It is due to the large consumer base that India has to offer such platforms which are quite lucrative.


The firms also presume the system to be quite arduous as the new social media rules don’t just require firms to just enable traceability but also expect them to establish local offices that are well-staffed with senior officials. This is being done to oversee the law enforcement and user grievances. It is her to be noted that the luxury of such regulations cannot be afforded by everyone that is using the platform. Thus, it can lead to a dwindling consumer base and thus low profitability of such platforms.

Thus, it can be rightfully stated that the new IT ruling will pose severe challenges for giants like Twitter, Google, Facebook, and Netflix in Asia’s third-largest economy. Even though the battle is ongoing, it is to be noted that the outcome of the same, at the moment is quite ambiguous. This is mainly due to the fact that both sides have credibility and authenticity that are attached to their case.

In the case of the government, the spread of fake propaganda and narratives need to be halted to sustain communal and social harmony in India. As for the social media platforms, a good argument of infringement of fundamental rights and speech will work in their favor. Thus in what direction and in whose favor the tables will turn is quite ambiguous and needs to be analyzed.


Social media platforms can gain traction through their propaganda and arguments of unwanted identification that can lead to infringement of not only freedom of speech but also the right to privacy. Such tools of regulations can definitely be used to call short and suppress descent in a democratic country like India.

 This claim can be corroborated by the fact that the newer regulations contain rules like altering the interface to clearly distinguish verified users from others. This is in addition to the setting up of automated tools for content filtration. However, it is to be noted that the newer rules in India are a part of the global shift that started after the detestable mass shooting that was carried out in New Zealand and was live-streamed by the gunman on the social media platform Facebook.

The incident had taken a diabolical turn when the US executive order had to emphatically revisit a law that had given absolute immunity to social media platforms. This had led to the alteration of stances of many governments around the world.

Thus, given the contentious matter of regulations with both sides having something valuable to offer, bringing both the parties to the negotiation table is necessary. But how will such a solution materialize is yet to be deciphered.

 


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npa crisis in india

IBC and The NPA Crisis in India: A Ray of Hope?

By Economy, Banking 2 Comments

IBC and The NPA Crisis in India

One can describe India’s banking and financial sector to be plagued by the NPA crisis, which is, at the moment, eating away at the robust edifice of the system. It is no news that a stable, robust financial sector is a prerequisite demand for the smooth functioning of an economy or any business. Secondly, a strong financial sector of the country provides immense and much-needed confidence to its investors and consumers which are the driving forces in the economy.

The last financial year, for India, can be best described as aversive and crippling, especially when its economy is taken into consideration. The odious pandemic had adversely affected the country’s GDP, so much so that India saw itself slipping into a technical recession after decades.

But it isn’t quite an exception for India as various countries across the world have also tasted the bitter crippling of their economies too. But what sets India as an exception is its already crippling banking sector which was plagued with incessant NPAs long ago.

To put this scenario in perspective, the 21st issue of the Financial Stability Report (FSR) by the Reserve Bank of India should be quoted. The report emphatically presented a grim, striking picture of the status of Non-Performing Assets (NPAs) in the country.

The stress test conducted by the Reserve Bank of India (RBI) shows the ill health of the Indian banking sector which is all set to worsen given pandemic has crippled consumer’s and debtors’ ability to pay back their dues. Thus it can be rightfully stated that the report is indicative of the fact that the challenging situation, that is being posed by COVID-19, could result actively and effectively in higher Gross Non-Performing Assets (GNPA) in the future.

According to reports, the GNPA increased to a whopping 12.5 percent in March 2021 compared to 8.5 percent in March 2020. This emphatically points toward the deteriorating health of the Indian financial sector which will surely have an adverse effect on the economy and investors’ confidence which can spell doom for the economy. As per Standard and Poor’s estimates (June 2020), gross NPA could rise to 13-14 percent for India.

It is to be noted that the government’s response to the pandemic, to lower the debt burden on the micro sectors will emphatically lead to an adverse impact on the banking sector. This is due to the fact that moratoriums on payments by micro-industry were placed and were later extended.

The put the scenario in numbers, RBI, the central bank, had proposed a three-month moratorium in March 2020 along with a freeze on ratings of customers who were availing of the loan. Consequently, given the intense state of the Indian economy, the moratorium period was further increased to August 31, 2020.

the npa crisis in indiaThis was done as a part of the stimulus package. Simultaneously, various loans, in order to revive the economy were placed out. Thus, the government’s amalgamation of fiscal, monetary, and regulatory interventions that ensured the almost normal functioning of the Indian financial markets can be called a recipe for disaster for future troubled banks of India.

Is the need for incessant restructuring required?

According to reports, at end of April 2020, 50 percent of the debtors had availed of the moratorium facility. But since then the number has dropped, as, at the end of June 2020, only 30 percent were shown to have availed of the moratorium facility. Thus, providing incessant restructuring and blanket moratorium facilities to all would be a fault that the Indian authorities should not commit.

What emphatically is needed now is a calibrated approach of stimulus to be provided by the RBI. The approach should include only those sectors which are still bearing the brunt of the pandemic. A blanket approach to all is what one would call an ill-advised policy, as various analyses show that individuals and corporates are taking undue advantage so such policies.

IBC- India’s solution to its NPA crisis

IBC can be best described as a game-changer and a transformational reform in the Indian banking sector. One can even describe it as a code that is a one-stop solution for resolving insolvencies that are plaguing the Indian banking sector. According to various banking analyses, the IBC, which can be effectively initiated by the debtors or creditors, has shown constructive results in regard to NPAs.

The most important aspect of recovering loans is the percentage of the bad loans that can be recovered so that banks don’t have to bear a huge brunt. But taking this problem into consideration, IBC is well versed to retract debt that various banks have lost.

According to the RBI’s report titled Trend and progress of banking in India 2018-19,  the amount that IBC recovers as a percentage of the amount involved has been much higher, standing at a significant 49.6 percent in 2017-18. Compared to recovery by various other archaic, traditional bodies like Debt Recovery Tribunals, the percentage of recovery is quite high. Thus it can be rightfully stated that IBC has emphatically proved itself to be a masterstroke in curbing the bad loan crisis in India. 

Additionally, it is to be noted that the restructuring and liquidation of bad loans, if done in a timely manner will open up new vistas for foreign and domestic investors to invest sagaciously and pompously in distressed Indian assets. It is no news that timely resolution and resolving insolvencies creates a much-needed conducive environment for investors and helps attract impressive foreign portfolio investments.

However, a certain revelation, in light of the pandemic, needs to be made that corrective and growth response to the blow inflicted by the pandemic on various sectors, the Insolvency, and Bankruptcy Code proceedings had been suspended for one year.

This was done so that companies would not be dragged into judiciary proceedings at the time of financial crippling and disaster. Additionally, it is to be noted that the minimum payment threshold for the effective triggering of bankruptcy proceedings against the defaulting party has been increased to Rs 1 crore as compared to Rs 1 lakh earlier.

Lastly, the most prominent and prerequire aspect that must be kept in mind is that the IBC is not an answer to all banking issues as it is a disaster management scheme and not a preventive one. With various other financial instruments like Know Your Customer (KYC) norms, it is possible for banks to effectively and emphatically ensure that their customers have the capacity to repay the loan.

It is quite a fact that the capacity to repay is a rudimentary requirement for no defaults in the future and smooth functioning of the banking sector. Thus, bankers should be consistently and effectively monitoring and actively assessing risks associated with their customers through the KYC financial tool, so that required action can be initiated. 


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right to privacy

Digital System Needs a Regulatory Rethink

By Others No Comments

Digital System – The Digital Payment System in India

A decade ago, the rise of the digital world was considered quite amusing by the public and regulators. But today it is no news that the rise of digital platforms has taken the world by storm. With newer innovations cropping up in the system, which is leading to the removal of intermediaries and bottlenecks, on one hand, it is providing immense new economic opportunities to the public but on the other, it is leading to a credit bubble in the economy.


The effective removal of intermediaries has led to lower scrutinization of easy credit flowing in the economy. This emphatically is creating an economic bubble, which coupled with an economic slump, if busted, will lead to economic catastrophe in the economy. Tighter regulations have also become mandatory as given, a handful of companies now control unimaginable portions of the world’s investment capital and economic activity.

Not only this, but various economies also suffer from the threat of digital monopolies that can lead to unfair practices in the economy. The IT rules for effectively regulating social media, Advisory Council for Open Network for digital Commerce Rules 2021, will help shape the digital economy for the better.


It is to be noted that the few thousand digital platforms are effectively operated by some SMEs and big corporations. This often leads to larger players calling the shots in the market and setting commercial conditions in a monopolistic manner.

digital system paymentsAs a result, a sense of urgency has corrupted the market. India’s broad-based idea to regulate the e-commerce industry will effectively lead to complications in matters of digital services. To put this into perspective let’s scrutinize “e-commerce” and “marketplace e-commerce stability” and take them into the scope of analysis. These definitions effectively include all possible commercial sectors like banks, academia, health, capital markets, and the IT service spectrum into consideration. 

It is to be noted here that such broad definitions lead to confusion and do more harm than good to the regulation of such platforms. This is due to the fact that the proposed e-commerce rules effectively treat every other entity including Flipkart, Jio Mart, Amazon, Zomato, etc. on the very same footing.


Additionally, the government e-Marketplace hosts roughly about a million sellers but on the other hand, over two million SMEs, artisans, and business and commerce companies are included as well.  Thus, the various requirements relating to the specific appointment of the nodal officer, grievance, and compliance officers will create specific and arduous complications and hindrances in the working of the e-commerce industry.

On the other hand, penalties on individual entrepreneurs and corporations will also lead to added hindrance in the smooth functioning of the e-commerce market.  Thus, contrary to the government’s objective we’ll witness the rise of specific, large companies that can afford the unnecessary restrictions of the government.

Thus, quite opposite to the government’s agenda, it will lead to the rise of monopolies in the market. This will be in contrast to the government’s agenda to curb monopolies’ power in the e-commerce sector and its strategy can backfire.

Though it is a fact that India has its antitrust laws in place, given that the consumer protection rules are loose, nothing much can be gained from such robust antitrust laws. What the need of the hour is that all the stakeholders, that carry out trade from the offline or online mode should effectively retain their economic freedom and entrepreneur freedom based on effective non-discriminating principles, which current rules don’t provide.

This will not only reduce ambiguity in the market but also enhance the legal certainty of the business and lead to an increase in consumer and producers’ confidence.

Best Law Firm in Mumbai


Thus, it can be rightly stated that all the newer regulations setting nodal grievance and compliance officers, will strategically do more harm than good to the economy and especially the e-commerce sector. It is to be noted here that the e-commerce sector has been the bright light in the detestable pandemic. On the other hand, it is worthy of mentioning here that the economy is currently in its nascent stage of recovery.

Thus monopolies developing at the cost of the small business, that the e-commerce platform houses, will lead to quite an odious problem of unemployment in the economy. Not only this, given the government’s several requirements and penalties, the business environment will also become quite nonaccommodative and unruly for the investors. 

digital india payment systemBut, as every coin has two sides, this does too. Given the rise of the BNPL sector in the finance world, it can be seen that the credit bubble in the economy is rising. This needs to be rectified by the government authorities if another economic and financial debacle is to be tackled and averted. Given, that no credit checks are being carried out in the industry, this strategy will work in the short run and will be quite accommodative to financially worse off people. But any downturn will definitely lead to defaulting and havoc in the economy. 

Additionally, it is to be noted that a vicious cycle of double debt is in the making. This is due to the fact that in order to finance one debt, more loans will be availed in the economy. This will cause specific harm to the Indian banking system, which can ill afford them at the moment.

Also, it is interesting to know, that RBI doesn’t really have a strategic policy to govern such a detestable attribute of the industry. Thus, an unnecessary hindrance on one part to the negligence of the economic credit bubble on the other is the RBI’s not-so-secret recipe for disaster that can spell doom for the economy. 

Thus, newer, strategic rules are needed to be placed and formulated keeping in mind the digital strategy and approach to regulating the digital market. But what stance the government takes is yet a mystery.   


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debt laden lelecom player

Banks to Discuss Next Course of Action on Debt Laden Vodafone Idea

By Telecom, Banking, Others No Comments

Action on Debt Laden Vodafone Idea

What is Debt laden Vodafone Idea? Call it an ill-omened debacle or a case of poor strategy but Vodafone has brought its investors to the front of a despicable negotiation table. Negotiations that will include talks about the future course of action in regard to their exposure to the debt laden telecom player. It is to be noted that the telecom player is currently struggling to stay afloat.

Given the debt-ridden state of the telecom giant, quite rationally the investors and promoters have denied infusing cash into Vodafone’s Idea. Additionally, in much interesting turn of events, the apex Court has recently dismissed a plea for rectification of alleged miscalculation adjusted for gross revenue dues.

The revenue has to be played by the company to the government which is quite an aversive situation for the telecom giant. The Supreme court has also actively condemned the telecom operator to bankruptcy and has recommended that it can raise fresh capital. It is to be noted, that given Vodafone’s bankruptcy status, it quite unlikely that it will be able to raise cash in the market. As for its investors and promoters, they have denied infusing extra cash in the telecom giants to get it out of troubled waters.

As aforementioned, the prospects of fundraising for the company look quite bleak. But why are Vodafone investors actually denying the only chance to save the telecom giant? It is due to a pertinent fact that any new strategic investor will be pouring billions of dollars into the government coffers. This effectively means that the funds will not be strategically or effectively reinvested in the company to prepare it for the new 5G world but will be redirected to the government.

debt laden telecomIn addition to court proceedings, another potential discouragement that has come for various other investors is that Kumar Mangalam Birla has stepped down as non-executive director and non-executive chairman of Vodafone Idea. Additionally, much to the dismay of the telecom giant and its investors, he has offered the government to buy out Aditya Birla’s group’s stake in the company. Aditya Birla Group Chairman has effectively offered to hand over his stake in VIL to the government or any other entity so that Vodafone remains functional.

Given all the aforementioned, aversive situations, Vodafone’s Idea is highly unlikely to be able to service its gross debt. It is to be noted that the telecom giant’s debt stands at a whopping Rs 1.8 lakh crore. According to reports, the telecom operator owes at least Rs 28,700 crore to several state-owned lenders. If official data is scrutinized thoroughly, it can be noted that VIL had an adjusted gross revenue liability of Rs 58,254 crore. But it is to be remembered that the telecom operator has paid Rs 7,854.37 crore.

Given a major telecom giant is under immense financial stress, it is to be noted that Section 10 of the Insolvency and Bankruptcy Code can be used as a preference. The Sector 10 of IBC allows a company to file for insolvency after a payment default. But such a voluntary application requires a maximum shareholder approval I.e. of 75 percent. It is to be noted that the default required to trigger IBC can be a failure to repay bonds, a loan, or an operational debt.

In the case of Vodafone, it crippled the financial state of the company. Thus, given Vodafone’s delay in payment of financial dues, it can surely use IBC as a reason for default, or the AGR liability.

It is to be noted here that if Vodafone opts for this step, Section 10 might actually offer a protective umbrella because that is what it is intended for. This is quite apt for a company as it can trigger the proceedings under legitimate business failure.

On the other hand, it will not come as a surprise to many but banks in India have started marking Vodafone as a stressed company. IDFC is the first Bank that has marked Vodafone’s Idea as stressed. Additionally, the bank has also provided for 15 percent of the outstanding debt.

Given the Vodafone debacle, it can be seen in the near future that it could have a bearing on the earnings performance of these banks. This will be due to the fact that the banks will have to make hefty provisions against these ill-omened loan accounts.

Given that another telecom giant is defaulting on the economy, various concerns in the banking sector have been raised. Such claims have also been corroborated by S S Mallikarjuna Rao the MD and CEO of Punjab National Bank. The developments in the last few days, in the case of Vodafone, have led to concern for the banking industry, referring to the AGR-related issues for the telecom players.

telecom player debt ladenHowever, banks that are already marred with a huge number of defaulters like PNB will not be highly affected by such a debacle. This is due to the fact that PNB’s stake in the company is not very high, thus, it is not going to impact PNB’s balance sheet.

The whole debacle comes after the apex court had asked the telecom players to settle their AGR-related dues. The AGR-related dues were worth Rs 93,520 crore to the government which needed to be settled over a period of 10 years.

Concerns for the same were risen by Birla in a letter to Cabinet Secretary Rajiv Gauba in the month of June. Birla, who holds a significant 27 percent stake in VIL had aired his concerns that investors were not willing to invest in the company. The hesitancy was due to the absence of clarity on AGR liability.

Additionally, ambiguity regarding an adequate moratorium on spectrum payments was also a potential deterrent. But most importantly floor pricing regime being above the cost of service was the main reason for hesitancy amongst the investors.

Compared to its peers,  the aggregate gross revenue liability of Bharti Airtel stands at Rs 43,980 crore. Similarly for the Tata group, its AGR liability stands at Rs 16,798 crore. BSNL has an AGR liability of Rs 5,835.85 crore and MTNL has Rs 4,352.09 crore.

Thus, given the huge telecom debacle, it might come as no surprise that SBI was the worst Nifty50 performer today and was down by 3.3 percent. Similarly, no one needs to wonder why shares of IDFC First Bank have tanked over 5 percent recently. Similarly, shares of YES Bank have plummeted by 2 percent.


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sebi aif regulations

SEBI’s New AIF regulations

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SEBI AIF Regulations 2021

SEBI AIR Regulations: India, a developing economy is all set to accommodate investments in the economy. Given the outrage against the Chinese government for its pandemic containment policy, many companies have been leaving China for alternative business investments. Thus, it can be rightly stated that the pandemic has presented India with a golden opportunity to attract investments in its economy.

It is to be noted that this has been materialized in some sense as the FDI equity investments in the economy in the last quarter jumped by 168 percent.


Now, to make the investment environment more accommodative, SEBI has stepped up with its investment accommodation policy. Recently, in a meeting held, the Securities and Exchange Board of India approved various accommodating amendments to the regulations.

These regulations were brought into force to facilitate alternative investment funds in the economy. It is to be noted that the regulations by the SEBI will effectively ease compliance needed for Alternate Investment funds. On the other hand with flexibility in ease of compliance, such regulations will also foster investment flexibility that will ramp up further investments and will streamline regulatory processes.

Talking about the recent announcement compared to the earlier archaic regulations, it is to be noted that as per SEBI’s amendments made to Alternative Investment Funds Regulations, 2012, Venture Capital Funds will need to invest at least 75 percent of investable funds.


But it is to be noted that in a partial relief that has been provided by SEBI to alternative investment funds, it has provided the Investments certain exemptions. Such exemptions come in regard to the investment committee. It is duly noted that under the recent norms, AIF members of an investment committee will no longer be effectively responsible for any investment decisions.

Also, as aforementioned, compliance will be made flexible as members of the committee would not be effectively liable for the compliance of the AIF investments. This will be in relation to governing documents, the regulatory provisions, and other applicable laws. This will emphatically take off the burden from AIF investments that will see an inflow in the coming months.

sebi aif regulationsIt is to be noted that due to the recent amendments, existing investment restrictions in investable funds of VCFs will be happily done away with. As per the newer regulations, Social Venture Funds that lead to the minimum amount of grant of 25 lakh that has been stipulated for Category I AIFs shall not be applicable anymore.

However, it is to be noted that such exemptions come with certain conditionalities. According to the recent amendments, the exemption in the AIF rule is conditional upon capital commitment. As aforementioned, the rule states that the capital commitment of at least 70 crores from each investor will be accompanied by a suitable waiver. 

However, the effectiveness is somewhat thwarted as the exemptions are quite limited to an AIF in which effectively each investor other than the sponsor, directors, manager, and employees of the AIF or employees has effectively and emphatically committed to investing not less than 70 crores. This is what puts certain conditionalities in investments which can present some kind of hindrance in the promotion of investments.

Secondly, the waiver that has been furnished for the AIF is in respect of compliance with the said clauses and is effective in the manner specified by the board. Thus, even with investment promotion, certain conditionalities with the same have been imposed.

But it is to be noted that such investment promotion comes in a series of steps. In October amendments were passed by Sebi that had amended the AIF regulations. This provided the recommendation and regulation for shared responsibilities for the members of the investment committee.

These responsibilities were to be shared with the investment manager. This has been done to bring efficiency and accountability to the system as prior to this only fund managers were effectively responsible and accountable for investment decisions.

Thus, it can be rightly stated that such an amendment provided an accommodative opportunity for equal responsibility for the members of the IC and the investment managers with regard to the investment decisions of the AIF.

aif regulationsAlso, such joint accountability will lead to AIF’s compliance with the regulations. This will also help in doable compliance with the private placement memorandum and the applicable law.

Scrutinizing the newer regulations it is to be noted that the newer AIF fund that is established or incorporated in India and is a privately pooled investment vehicle that emphatically and effectively collects funds from foreign or Indian investors, will invest in accordance with a defined investment policy.

This will effectively lead to the benefit of its investors and thus it can be rightly stated that such amendments have led to the upholding of investors’ rights which will again foster confidence and will call for an increased inflow of investments in the economy.

In fact, given the data released by the SEBI such regulations led AIFs to witness a surge in commitments worth 82,228 crores in the financial year 2021. Such investments found their way from family offices, institutions, and high net-worth individuals.

pharma regulatory compliance

Pharma Regulatory Bottlenecks and Vaccination Delays

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Pharma Regulatory Bottlenecks

The world is grappling with the inefficiencies that have plagued the healthcare system since covid has wreaked havoc. The unprecedented loss of human lives could have been prevented if vaccine diplomacy was robust and supported by more affluent nations. Half of the inefficiencies and disparities that plague the healthcare and pharma sector are due to political inefficiencies. 

It is to be noted that since the arrival of covid, businesses have learned to be resilient and flexible given the changing scenario of demand and the government’s regulatory whims in the economy. But given the inefficiencies in the system, why has this mechanism not worked to mitigate them effectively, especially in the sector which needed it the most: the pharma sector? This is due to the fact that businesses can adapt to the environment only when government regulations and procedures are simple enough and not pressing or crippling. 

It is worthy of mentioning here that various governments around the world have taken various regulatory measures to considerably improve the supply of medical resources and facilities. Such regulations have in many ways ranged from abolishing IPR rights to fast-tracking approvals for robust and faster manufacturing and distribution to significant importing of PPE. Such measures also included a temporary realigning certification that was immediately required for medical equipment and life-saving drugs. In fact, different nations’ scientific approach has even tried to facilitate telemedicine.

But what is the real catch here is that many and most of the measures aforementioned are of temporary nature and quite selfish. Various countries are pursuing options to facilitate their personal interest at the cost of the have-nots and the developing countries.  Though, such immediate measures do point toward the fact that such fast measures serve as a great example of how governments can actually facilitate business activities if they needed to. 

pharma regulatory complianceThus, in order to adequately support the COVID-19 crisis management in the current scenario and in the future, the developing governments should definitely reconsider their odious or rather authoritative broader regulatory requirements. It should be done to effectively remove any unnecessary barriers that might plague or mitigate the effectiveness of the business operations. In addition, it should be done complementary to safeguarding public goods like the environment and the overall health of human resources.  

A mechanism like a fast-tracking approval system for various significant companies should be placed in order to effectively redirect the services and activities of manufacturing and importing more effectively and faster. This will surely effectively shorten the time process of vaccine distribution and will mitigate the crisis of vaccine shortage. 

For India, the United States model can work too.  An effective strategy to issue emergency authorizations for PPE manufacturing approvals should be given. Given, that India had been ravaged by the PPE and Medical supply and resources shortage during the second wave, it would be highly sagacious to tamper with political inefficacies and complacency that currently plagues the Indian medical system.

In addition to fast-tracking approvals, investment in the healthcare industry infrastructure and large-scale manufacturing of medical resources can also be opted for. Another effective strategy can also be lifting the moratorium on taking any regulatory action against various businesses that are engaging in the production of PPE. This can at least be done for the duration of the public health emergency.

It has been rightly said that distress and need give rise to innovation because necessity is the mother of invention. Thus, effective, temporary approvals can be provided for equipment such as respirators as they are facing acute supply shortages in the economy due to whooping demand. 

This will significantly help address a major lack of supply. The restrictions can be lifted for the effective authorization of expired respirators, whose use will be effectively restricted during normal times. Similarly, valid certification of similar equipment that can be significantly used as ventilators can be given. The approvals for pressure breathing devices and anesthesia gas machines can be given. 

On the other hand, robust vaccine diplomacy and accommodative stance of the global agencies can help inequitable distribution or allotment of the vaccines to the haves and have-nots. Also given the vaccine hesitancy that significantly mitigates the positive impact of the campaigns of governments, it is to be noted that government schemes to help eradicate the same can be done. Complementary to robust vaccinations, faster testing also holds the key to the gradual return of employees and people to work.

This can be effectively done by putting in place various accommodative measures to effectively speed up the market approval of COVID-19 antibody test kits and diagnostic tests. Thus, strategic accelerated assessment and conditional marketing authorizations can help the government to facilitate the pharmaceutical sector immensely which in the long run will bear fruit for the economy.

pharma regulationsAlso in order to effectively and emphatically eliminate the unnecessary patient contact and to reduce the arduous burden on the healthcare sector, relaxation of the norms provision of telemedicine services can be done.

Thus, it is quite mandatory that several governments do away with their cumbersome regulatory stance and measures. As such environmental or business regulations can really exacerbate a crisis like the odious COVID-19, which the governments cannot afford at the moment.  Thus, there is an urgent requirement to effectively create an emphatic and sensible regulatory framework to support the healthcare sector which at the moment is reeling under the effects of the pandemic.

In addition to facilitating such speedy measures and the pandemic can also serve as a fortunate opportunity to emphatically eliminate many regulatory barriers. Thus, it will be interesting to see what stance the governments around the world take: to effectively deal with the crisis or to once again scum to political inefficiencies that have already inflicted much harm on the society.

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zomato ipo details

Zomato’s IPO and its implications on FoodTech Companies

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Zomato IPO Implications on FoodTech Companies

Zomato IPO: The effects of Covid-19 have been kind on the food delivery space which is witnessed to be growing in leaps and bounds. Amidst the IPO listing festival, the entry of the online food delivery company Zomato Ltd.’s initial public offering made quite a stir in the markets as it is the first online delivery company to get listed on the stock exchange, thereby could be a trendsetter. It could also set the tone for the rival companies and their valuations in the public markets. 

Zomato began its journey in 2010 as a FoodTech unicorn start-up and the primary focus of the company is catered to online food delivery services and disseminating restaurant information along with reviews which is mainly a business to customer (B2C) offering.

The Company did incur large losses during the 2020 and 2021 Covid-19 lockdown phase; however, it was able to secure a large number of food delivery orders also. Zomato saw a significant increase in its gross order value till December 2020. Zomato’s rising average order value (AOV) also helped it gain innumerable profits. 

Zomato certainly made a breakthrough start with its initial public offering with an initial price band of Rs 72 to Rs 76 per share. Also, the company saw a dynamic subscription rate of 38.5 times which makes it the highest subscribed IPO in the last 13 years among IPOs worth more than Rs 5,000 Crore also with a demand worth Rs 2.1 Trillion.

As Zomato is notably the first-of-kind firm to debut on the stock exchange with a sweeping opening, the question that arises is as to the implications its IPO shall have on other rival FoodTech companies such as Swiggy, Rebel Foods, and Ola Foods. 

The powerful opening of Zomato.Ltd set a high chance of a constructive impact on the companies running on similar business lines as Zomato. Moreover, Zomato’s first-day growth indicates the inclusiveness of the food technology sector and the startup sector. It underlines the fact that the markets are startup-friendly and this binds the trust of the investors. Furthermore, this boosts the startup and food tech sector’s confidence and pushes more companies belonging to the same sector to walk the path of Zomato.

The outlook of having a long-run potential and bright future for the company can be seen in the IPO market capital of Zomato which stands at Rs 60,000 Crores. This is nothing but an indication of a robust burning competition between the firms within this sector such as Swiggy, Zomato, Dunzo, Ola Foods, and Rebel Foods. 

Furthermore, the Covid-19 pandemic is here to stay, food technology companies such as Swiggy, Olafoods, Rebel foods, etc. have a good scope to enhance. As public movement is restricted, services such as home delivery, pick up drop, etc. have become a priority for the public, hence have prospered. Therefore, the chances of these FoodTechs following Zomato’s footsteps is likely. 

However, one major drawback which can be witnessed in this situation is that Zomato has set a benchmark for all the Food Technology game players who wish to go public. While this definitely is a good opportunity for them, it also makes up an implied rule to follow Zomato’s valuation. Another major challenge that can affect Zomato’s profits can be sustaining itself when the pandemic tones down.

Even though the long-run aspect of food technology companies promises a bright future, the entry of newer players and the normalizing and opening up of public space post the pandemic are likely to affect the huge growth of Zomato during the Covid- 19 pandemic restrictions. In any case, currently, Zomato and Swiggy are firmly holding on to the food delivery industry. 

Therefore, Zomato’s decision to convert itself into a public company is certainly a welcome move. As the effects of Covid-19 have been kind on the food delivery space which is witnessed to be growing in leaps and bounds; hence this decision would enable the shareholders as well as the promoters of the company to thrive.

Furthermore, internet-based companies like Zomato deciding to go public could be an encouraging indicator for capital flow in the booming start-up scene of India. However, the cutthroat competition in the industry will be the ultimate deciding factor in its success.

 


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retrospective tax law

Retrospective Tax Law: Good Radiance To a Bad Taxation Approach

By Economy, Corporate Law, Banking, Others No Comments

Retrospective Tax Law – Good Radiance to a Bad Taxation

Retrospective Tax Law: In an interesting turn of events, India is all set to end its retrospective tax. The retrospective tax was a tax of special capital gains that was extracted from the sale of assets located in the country by the entities that were registered abroad.

The crackdown on companies came at the back of the fact that many escaped paying taxes to India while transferring assets to the country. To be more specific, the statute was criticized after a series of significant setbacks in arbitration disputes. Retro tax demands were challenged in these arbitration disputes by companies like Cairn Energy and Vodafone.

Quite ruefully, the Indian government, which has been fighting for taxes for years now, will also refund the money that had been collected on the basis of retrospective taxation. However, it should be highlighted that the Indian government will do so without charging interest if certain conditions are met.

In reality, the international business community has been calling for an end to retrospective taxation for a long time. This is because, once the retrospective tax is abolished, it will effectively remove businesses’ undue anxiety about India’s massive, crushing corporate tax liabilities which effectively cripple investments in India.

Will there be any effective future scope for retrospective tax in the country after its nullification?

The Indian government’s action raises the intriguing question of whether the retrospective tax would have any future application in India. Given that the government is modifying the Income Tax Act of 1961 through the Taxation Laws (Amendment) Bill, 2021, it will be done in such a way that future retrospective tax demands would not be possible. This was done because the new amendment bill causes tax claims to be nullified if they were made before May 28, 2012.

Surprisingly, the President had given his assent to the financial bill 2012 on this date. As a result, it is reasonable to conclude that the most recent modification will render the retrospective bill obsolete. Though it is to be noted that this certain defeat that has been claimed by the government will cost the government US$1.2 billion, just by refunding the claims of Cairn Energy.

The legalities

The amendment bill also effectively and emphatically proposes to amend the Finance Act, 2012. This will be amended to strategically provide the validation of demand, etc. It’s worth noting that, if certain criteria are met, section 119 of the Finance Act of 2012 will be effectively repealed. The withdrawal of pending litigation is one of the stipulated criteria, as is a strategic undertaking that no demand for cost, damages, interest or other fees will be filed.

What is the need to introduce the bill right now?

Why is India now bowing out after fighting for its dues for so long? It should be mentioned that the Indian government’s taxes bill 2021 is a major endeavour to effectively ensure that the idea of tax certainty prevails in India. For years, the retrospective tax has been a major disincentive for foreign investors who believe it is the cause of tax uncertainty in India, making the investment climate in India unfavourable. As a result, international investors and multinational corporations operating in India have long requested such favour in order to give tax certainty.

Furthermore, it is fairly obvious that the high-profile tax arbitration disputes between Cairn Energy and Vodafone have severely harmed India’s reputation as a business-friendly nation. This substantially negated the benefits of bureaucratic reforms and harmed India’s plan to expand industrial production and upgrade infrastructure.

This comes after the Indian government lost an international arbitration in December 2020 over the taxation of Cairn Energy PLC retroactively. On the contrary, the tribunal had effectively ordered India to return the value of shares it had invariably sold while claiming its tax.

This also included dividends seized and tax refunds that were withheld to recoup the tax demand. In a similar case, the Indian government had again lost against Vodafone, citing it as a “breach of the provision of fair and equitable treatment” that was essentially secured by the bilateral investment protection deal signed by India and the Netherlands.

However, here it is to be highlighted that the Indian government’s liabilities, covering all the legal costs in this matter are significantly less. This is due to the fact that in this case, the Indian government had not taken action to recover the retro tax demand from Vodafone. Thus, to state that India has ended its humiliating losing streak against international companies would be an understatement.


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