www.skpcrossborder.com April 2006
Your eye to India-centric and International updates
Interesting Reads

Local banks securitize their loan assets to foreign peers

The banking sector in India has seen some interesting developments recently such as the securitization of loan assets to foreign banks by Indian banking biggies such as ICICI and HDFC who sold standard assets worth Rs 400 crore and Rs 200 crore respectively in December ’05 to meet priority sector lending. Through such sales, banks earn liquidity and get additional capital to reinvest in assets. For buyers, like Standard Chartered, this is an opportunity to invest in these assets and diversify their portfolio. Citibank also has been a major player in securitising corporate loans.

Unlike their private sector counterparts that have retail loans under portfolios like housing, personal and auto loans, PSU banks are not major sellers as they don’t have as large a retail portfolio as private banks. Their portfolio is dominated more by industrial loans. Stamp duty structures on industrial loans across states, is a major impediment for the securitisation of these loans. Majors such as the State Bank of India are investing in this $ 6bn market in a big way though.

Under securitisation, banks and Non Banking Financial Companies (NBFCs) sell loan assets to a Special Purpose Vehicle (SPV) for an immediate cash payment. Later, the security interests representing claims on incoming cash flows from the SPV are sold to the third party investors.

Our Say

Most of the credit in India is long term in nature while deposits are short term in nature. To avoid an asset-liability mismatch, Indian banks have started offloading their portfolio in order to do more business to keep pace with the credit growth. This is especially relevant due to the increasing tightness in the liquidity faced by many banks especially when the deposit growth is not taking off. In addition, securitising assets provides an opportunity to reduce operating costs by increasing the asset base.

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Government notifies FDI norms for retail and other sectors

The government has recently issued a notification liberalising FDI regulations in various sectors through the automatic route.

In retail, multinational companies are now allowed to offer multiple products under a single brand with prior government approval. The notification states that FDI up to 51% in retail trade of single brand products would cover only those that are sold under the same brand internationally and are branded during manufacturing.

The guidelines said that the application for retail FDI would specifically indicate "the product or product categories which are proposed to be sold under a single brand."

"Any addition to the product or product categories to be sold under single brand would require a fresh approval of the Government," the Department of Industrial Policy and Promotion said in the notification.

The notification, through Press Note 3 of 2006, which comes into effect immediately, says that FDI in retail would be allowed only with prior government approval.

A company would have to file an application to the Secretariat of Industrial Assistance under the Department of Industrial Policy and Promotion. The application would later be considered by the Foreign Investment Promotion Board.

The Government permitted 100% FDI in cigarettes and cigar manufacturing through the FIPB route.

FDI up to 100% has been permitted in coal and lignite mining for captive use in all sectors, in power trading and processing and warehousing of coffee and rubber.

Companies setting up infrastructure relating to marketing of petroleum and natural gas and undertaking mining of diamond and precious stones will also be able to invest 100% through the automatic route.

The government has also removed the mandatory requirement of disinvestment of 26% foreign equity in favour of resident Indian shareholders within five years for companies engaged in B2B e-commerce.

The press note also extended the ambit of the automatic route to transfer of shares from residents to non-residents in financial services and where SEBI regulations are attracted and in all cases where approvals are required from RBI/SEBI or insurance regulator IRDA.

The move is "aimed at attracting investments in production and marketing, improving availability of such goods for the consumer, encouraging increased sourcing of goods from India, and enhancing competitiveness of Indian enterprises through access to global designs, technologies and management practices," it said.

In a separate notification, the DIPP named the other sectors where FDI policy has been liberalised.

The sectors include greenfield airports, distillation and brewing of potable alcohol, manufacture of industrial explosives and hazardous chemicals, laying of natural gas/LNG pipelines and cash-and-carry wholesale trading.

The DIPP issued Press Note 4 of 2006 series that permits 100% FDI in existing airports with prior permission from FIPB and subject to sectoral regulations notified by the Ministry of Civil Aviation.

Similarly, 100% FDI in manufacture of alcohol under the automatic route is allowed, subject to licensing from state governments where the unit will be set up.

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In the News
Europeans investors keen on sharing India’s economic success

Interesting Reads
Local banks securitize their loan assets to foreign peers
Government notifies FDI norms for retail and other sectors
India- Increasingly attractive to bulge bracket banks
India is No.10 in Services

Quick Links
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