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Tuesday, October 09, 2012

Should government capitalise public sector banks?

by Harsh Vardhan.

What would you say if someone was borrowing money at 8% and investing it to earn around 3%? "Uninformed!", "financially illiterate!" or even outright "foolish"! And yet this is what our government has been doing with trillions of rupees over the last many years and has committed to continue to do so in the future. The process by which this is done is called capitalisation of public sector (PS) banks. Such capitalization is not only a bad idea economically as it puts enormous stress on the government resources, but also one which affects that behavior of banks and hence the robustness of the whole banking sector.

Commercial banks need capital to grow. Capital adequacy requirements ask all banks to keep a minimum amount of shareholder capital in proportion to their balance sheet size. Currently, in India this requirement is 9% of "risk weighted assets" of banks. Roughly, it means that banks are expected to have equity capital which is 9% of their commercial loans.

As banks grow their business, their risk weighted assets also grow. This means that banks has to increase their capital base in line with the growth of their loan book. Such increase in capital can come from exactly two sources - retained profits that are added to the capital base, or fresh infusion of capital from shareholders (old or new). In India, given the overall profitability of the banks (~1.1% return on assets) and the amount of dividend that they pay (~20%) of post-tax profits, banks do not have enough retained profits to support their business growth. Therefore, every now and then, they go to shareholders to raise fresh capital.

PS banks pose a peculiar challenge for the government. Being the majority owner of these banks and having committed to stay the majority owner, government has to infuse capital into these banks proportional to its ownership stake. Since the government wants to maintain its ownership at 51%, it has to supply atleast 51% of the fresh capital that PS banks need. RBI governor Dr. Subbarao, in a recent speech, said that the capital infusion by government into PS banks over the next decade will be of the order of Rs.0.9 trillion. I have read estimates of other analysts where this number is as high as Rs.2.50 trillion. These estimates depend on the assumptions one makes about a number of factors - the rate of growth of banks (which in turn depends on the growth of the overall economy), the profitability of banks, their dividend policy, their ability to raise other forms of capital (especially tier II capital), regulatory requirements on capital, etc. No matter how you estimate it, the number is very large. In other words, the government will be compelled to invest a very large amount of capital into PS banks over coming years.

Why is this a problem? Let’s look at the some simple public finance issues. India is in a deep fiscal crisis, and it is not easy to find trillions of rupees to put into PS banks. If such resources were injected into PS banks, it is not conducive to healthy public finance, since these injections are not a good deal for the government. The Indian government currently borrows long term money at over 8%. The dividend yield on PS banks shares has been between 2% and 3% over the last decade. This means that the government earns between 2% and 3% on its investments in PS banks. There is a 5% “negative carry” or loss that government bears on these investments.

A private investor also earns a low dividend yield from investing in PS banks, but can benefit from capital gains - a potential increase in the value of shares which the investor can obtain when she sells the shares. Government has never sold shares of PS banks (except when it initially listed some banks) and will not do so if it has to maintain majority ownership which is its stated policy. Hence, for the government, the financial analysis of a proposal to put money into PS banks should hinge on a comparison between the flow of dividends versus the cost of borrowing.

Capitalisation of PS banks is, thus, bad for government finances. It's a double whammy! On the one had government has to raise vast resources to be invested into banks and then carries a loss of around ~5% on these investments year after year.

Ownership and behavior of banks


Government capitalisation of PS banks is not just a fiscal challenge. It also impacts the competitive dynamics of the banking industry. Most privately owned banks are under constant scrutiny of investors and analysts. When they go to external investors for raising capital, they have to satisfy these investors on number of critical aspects of the business - profitability and its sustainability, efficiency of capital use, quality of management team, cost efficiency, etc. In other words, private banks face a market test; they do not get capital for free. Only well run private banks get equity capital that is required for growth.

None of these questions get asked when government puts capital into a PS bank. One has never heard a senior government official commenting on the Return on Asset (RoA) or Return on Equity( RoE) of PS banks. The decision to put capital into PS banks is treated as a mechanical and administrative decision. This absence of a market test has systemic consequences. PS banks have ~70% share of the Indian market. When the majority owner is asking no or very few questions on performance, and is assuring an almost unlimited supply of capital, these banks have little incentive to improve financial metrics such RoA and RoE. This hurts the overall banking industry. For example, PS banks can underprice loans compared to their private sector peers. Such behavior would migrate the whole business to lower returns. It is hard for a private bank to be profitable when facing rivals that are not concerned about return on capital.

Misplaced obsession with majority ownership


The source of this whole capitalisation issue is the government's obsession with retaining majority (over 51%) ownership of PS banks. This is often explained in terms of the need to maintain the "public sector character" of these banks. While there may be a separate debate on whether we need to maintain public sector character for all the 25 plus PS banks, the fact is that the government does not need majority ownership to achieve this objective.

  All PS banks are not companies under the Companies Act. The notion of 51% giving majority control is enshrined in the Companies Act. PS banks were created under the Nationalisation Act (SBI has its own SBI Act). The Nationalisation Act provides the government untrammelled control over these bank. While it does prescribe 51% government ownership in the PS banks, the control of government is independent of the level of its ownership. Furthermore, there is a limit of a 5% (10% with prior approval of the RBI) stake owned by any single shareholder in all banks. There is no chance, therefore, of any external shareholder acquiring control in these banks. Even relatively minor changes to the functioning of PS banks require approval of the parliament. Where is then the question of diluting the public sector character if the government ownership were to drop to, let's say 26%, which is the threshold for "significant" minority stake in a company?

In the long run, therefore, it makes no sense for the government to commit itself to the capitalisation of PS banks. Precious government resources can be better deployed in critical areas (such as power transmission and distribution) where private capital on large scale is hard to come by. In the medium term, it can use tactical measures such as merging banks where it has significantly high ownership with those where the ownership is already down to 51%. But these tactics will not solve the issue structurally. The only long term solution is to give up the majority obsession, explain to all the stakeholders the fallacy of this obsession and the resulting pressure on public finance, build a political consensus to enact necessary legislative changes and then dilute down to a reasonable level.

Thursday, October 04, 2012

Interesting readings

The price of half-truths by Pratap Bhanu Mehta in the Indian Express.

Rise of crony journalism and tainted money in media by R. Jagannathan on Firstpost.

Telecom, power, oil: Guide to crony capitalism, Indian style by R. Jagannathan on Firstpost.

Trampling on the individual in India:
- Gagged and Bound: Why India's `free internet' is a big, fat lie by Danish Raza on Firstpost.
- Why we need more blasphemy, not less by R. Jagannathan on Firstpost
- Aakar Patel on FirstPost on the problems of free speech in the Indian Penal Code.
- Lakshmi Chaudhry on Firstpost about Aseem Trivedi's arrest.
- Salil Tripathi in Mint on Aseem Trivedi.
- Kian Ganz describes the problems with freedom of speech in Indian law in Mint.


In India, the music fest comes of age by Isha Singh Sawhney in the New York Times.


Matthew Yglesias reminds us of the elementary logic in favour of low taxation of capital income.

Fear grips public sector banks by Dinesh Unnikrishnan, Anup Roy and Joel Rebello in Mint.

What drives volumes on BSE and Why lower trading fees may not be a game-changer by Mobis Philipose in Mint.

Materials from Ila Patnaik's blog: Sovereign warning, RBI is fighting the right battle, The emerging slowdown and Chidambaram's challenge.

Kayezad E. Adajania on recent developments at SEBI on moving towards principles-based regulation (link).

Vikram Doctor tells a story of coal mining in India that goes back to Dwarkanath Tagore.


Golden Dawn -- a far-right party where goons hang out in the streets and kill immigrants in daylight in Greece. 1936? No, 2012.


The Apple/Samsung case has set off shock waves across the world, about the threats to innovation that the patent system, particularly the US patent system, poses. I have always been skeptical about how the sanctity of property rights was invoked in the phrase `intellectual property rights', even though knowledge is the ultimate public good: non-rival and non-excludable. On this subject, read: Timothy B. Lee on arstechnica. Gary Becker / Richard Posner on the Becker-Posner blog; Jordan Weissmann on qz.com writing about a new working paper by Boldrin and Levine. I have to confess, though, that the one thing in this landscape that I dislike more than Apple is Intellectual Ventures.

Poul-Henning Kamp in ACM Queue on the great crisis facing the world of software today. Perhaps more poignant in India than elsewhere.

It all began with an email by Yanis Varoufakis: The unexpected twists and turns of economics as a profession.

Offtopic: Read a great short story Enoch Soames: a memory of the eighteen-nineties by Sir Max Beerbohm, written in 1916, and after that read a story A memory of the nineteen-nineties in the Atlantic magazine, November 1997, by Teller, and after that read a great article The honor system about Teller, by Chris Jones in Esquire magazine.

An entry level 3-d printer at $400! I can remember buying printers that print on paper for more than that.

Tuesday, October 02, 2012

Comments on FSLRC approach paper

Monday, October 01, 2012

Approach paper released by the Financial Sector Legislative Reforms Commission

The Financial Sector Legislative Reforms Commission (FSLRC) is rethinking the legislative foundations of the Indian financial system. FSLRC was setup by a notification on 24 March 2011 and asked to submit its findings on 24 March 2013. FSLRC constitutes the first time in Indian history that a large-scale re-examination of multiple laws in a sector is being undertaken.

FSLRC has released a compact approach paper showing preliminary findings about the strategy that will be adopted. The release of this report is part of the consultative mechanisms that have been followed within the Commission. The Commission has invited feedback from experts and interested parties on this document.

Saturday, September 22, 2012

What the computer revolution has done

That computing has become immensely more powerful in recent decades veers on the cliche. I recently got a few reminders of precisely how much distance we have moved.

Cory Doctorow tells us that the computation that goes into one google query is roughly the same as all the computing done for the entire Apollo program.

Jay Goldberg is astonished to discover pretty powerful no-name tablets now go for $45. One can see whole new world opening up with ubiquitous use and firm-deployment of tablets.

And most astonishing of all: the ipad (2012) matches the floating point performance of the Cray 2 supercomputer (1989). That's a gap of 23 short years. Also note the completely different slope seen on the right hand set of dots:


Source: Slideshow by Jack Dongarra and Piotr Luszczek, linked to by Michael Larabel.

This story has been going on for decades but it isn't finished yet. Just this year, my laptop got four cores, and I'm steadily shifting all my R programs to utilise parallel processing. For all X, it's interesting and useful to ask How would X change if computation, communications and storage got cheaper and better?. On this theme, you may like to read this post -- The new world of computers -- from earlier this year.

As an old timer, I always worry that we used to do Things That Mattered using the Cray 2 supercomputer, like forecast the weather or simulate nuclear explosions, whereas the bulk of the ipad's compute power is being deployed to watch cat videos on youtube. We have yet to re-imagine our world in terms of these new powers.

Friday, September 21, 2012

Finance and law: Call for papers

National Seminar on Financial Law & Policy: An Inter-disciplinary Approach (December 1, 2012) Organised by National Institute of Public Finance and Policy, New Delhi in collaboration with National Law University, Delhi

The National Institute of Public Finance and Policy (NIPFP), New Delhi invites papers for a national-level seminar titled "Financial Law & Policy: An Inter-disciplinary Approach" to be held at the National Law University, Delhi (NLU Delhi) on December 1, 2012.

Background

The financial sector in India is currently governed by more than sixty legislations along with a plethora of rules and regulations. This has led to a lot of ambiguity in the legal framework applicable for doing business in the country. The problem gets compounded by the fact that many of these legislations were enacted more than sixty years ago, with objectives and purposes that are largely not in sync with the realities of the present day globalised competitive world.

Realising the need to address these issues and for formulating a legal framework geared up to facilitate growth of the financial sector in the future, the Government of India set up the Financial Sector Legislative Reforms Commission (FSLRC) on March 2011 under the chairmanship of Justice (Retd.) B.N. Srikrishna. The mandate of FSLRC involves overhauling these existing legislations and laying down a policy and legislative landscape geared towards creating a more coherent and dynamic financial environment. This exercise will also involve identifying regulatory gaps and overlaps seen in the existing system. In this regard FSLRC is focusing towards of rewriting and harmonizing the existing financial sector laws in the country, to bring them in tune with the requirements of a modern financial system.

In an evolving financial world, FSLRC intends that the new legislations will cater to the requirements of a large and fast growing economy. This is indeed a unique challenge not only because it is the first time in the history of independent India that such a large scale organised legislative reform initiative is being undertaken but also since the work involves absolute cutting edge inter-disciplinary research involving law, economics and finance.

For fulfilling its mandate, FSLRC has entered into a Memorandum of Understanding with NIPFP whereby NIPFP is engaged in providing research and technical support services to FSLRC; managing the process of conducting the core legal, public policy, economic research for the various working groups established by FSLRC and drafting of the relevant draft legislation.

However, this ambitious reform will be meaningful only if a culture of inter-disciplinary thinking and research can be encouraged in Indian academia. In this context the NIPFP is organising a national level seminar on "Financial Law & Policy: An Inter-disciplinary Approach" at NLU Delhi, on December 1, 2012.

Topics

To engage with a wider audience in a constructive debate over the various issues of contemporary relevance raised in FSLRC's Terms of Reference (available at http://finmin.nic.in/fslrc/fslrc_index.asp), the broad issues from which the authors may choose are:

  1. Appropriate means of oversight over financial regulators and their autonomy from the government;
  2. Consumer protection as an aspect of financial regulations;
  3. Role of the Central Bank in financial market regulation and supervision
  4. Resolution of financial firms;
  5. Principle-based or ruled-based legislation: what will work in India?
  6. Unified regulator or sectoral regulator: which will work in Indi?
  7. Financial Regulation and competition policy
  8. Emergency powers in systemic risk situation
  9. Legal process in financial regulation

Procedure

The author(s) has to submit the completed, original and unpublished paper with the Seminar Co-ordination Committee by November 1, 2012 (23.59 hrs). The Seminar Co-ordination Committee will be responsible for evaluation and selection of the top 5 papers. The authors of the 5 selected papers will be invited to NLU, Delhi to present their papers before an elite panel composing of legal practioners and members of FSLRC.

Word Limit: The paper must not exceed 5000 words (excluding footnotes or endnotes).

Format: The paper must be in Times New Roman font, character size 12 and with 1.5 spacing. Footnotes or endnotes must be in Times New Roman font, character size 10 and with single spacing. No specific style of footnotes/endnotes is required. However, the footnotes/endnotes must be written in a uniform style and provide necessary information.

Submission Procedure: The Paper must be mailed to ankur.saxena@nipfp.org.in in soft copy (pdf format) by November 1, 2012 (23.59 hrs) along with:

  • Duly filled-in attached registration form (soft copy)
  • Presentation in .ppt/.pdf format that the author seeks to use in the course of the presentation (optional)

Please note that the subject of the mail should be 'Paper submission'.

Eligibility: Papers may be contributed by any person (academicians, researchers, practitioners, students etc.) interested in contemporary financial regulations.

Co-authorship: Papers may be works of joint authorship.

Publication of selected papers: The 5 selected papers will be published on the NIPFP website with appropriate disclaimer.

Composition of the Seminar Co-ordination Committee

The Co-ordination Committee Comprises of:

Chairman:

  • Mr. Dhirendra Swarup, Member Convenor, FSLRC

Moderator:

  • Prof. Ajay Shah, Professor, NIPFP

Evaluators:

  • Mr. Rajshekhar Rao, Advocate, Supreme Court of India
  • Mr. Somasekhar Sundaresan, Partner, J. Sagar Associates
  • Mr. Risham Garg, Assistant Professor of Law, NLU Delhi

Contact Person:

Mr. Ankur N. Saxena, Legal Consultant, NIPFP, email id: ankur.saxena@nipfp.org.in

Other Relevant Information

Crucial Dates

  • The last date for submission of the completed paper: November 1, 2012 (23.59 hrs)
  • Intimation of shortlisted papers: November 15, 2012
  • The date of seminar: 1 December, 2012

Expenses:

The authors of the selected papers will be provided boarding and lodging facilities at NLU Delhi.

Venue: National Law University, Delhi Sector 14, Dwarka, New Delhi- 110078

REGISTRATION FORM

National Seminar on Financial Law & Policy: An Inter-disciplinary Approach

Name of the Author(s):

Designation:

Institute/Organisation:

Title of Proposal/Paper:

Contact Number:

Email :

Monday, September 10, 2012

Interesting readings

Rajdeep Sardesai on the problems of law and order in Bombay. Nothing is more important in the priorities of the State than the police and the courts.

In recent weeks, we're seeing fresh attention on the flaws of the HR processes of government. Shashi Tharoor in the Indian Express on the IFS, and Sundeep Khanna in Mint.

Trampling on the individual in India:
- Sending cartoonist Aseem Trivedi to jail is ridiculous.
- Vijaita Singh in the Indian Express about the government interfering in grants to think tanks, followed by an editorial on this.
- As Robert Kaplan says, underdevelopment is where the police are more dangerous than the criminals. Here's a story about the police in Gurgaon.
- Meghan Davidson Ladly writes in the New York Times about the struggle for freedom that many women in Pakistan are facing. We can't say we're finished with this. What fraction of India faces this level of social backwardness?


N. Sundaresha Subramanian has a great first draft of history, telling the story of Sahara in the Business Standard. This is a great vindication for K. M. Abraham and C. B. Bhave, and a reminder of the importance of the recruitment process in government. Also see great reportage on Firstpost : Sahara will have to sell realty assets to pay off investors by Raman Kirpal; ROC: The dog that did not bark when Sahara came in by R. Jagannathan.

I recently blogged about checks and balances that will keep Indian capitalism safe. I guess I am picking up ideas from the zeitgeist. On related themes, see: The old India is dead. Wake up, netas and business babus by R. Jagannathan on Firstpost; A long way from 1984 by Pratap Bhanu Mehta in the Indian Express and an editorial Behind the curve in the Business Standard.

Many people in India like to invest in gold and in real estate. I would like to remind them that the analytical case for these is weak. Here is some new evidence on gold, and here are some older arguments about real estate.

Sunil S. in Pragati magazine about India's electricity grid problem.

Mobis Philipose in the Mint writes about an intruiging development: a `Intermediaries and Investor Welfare Association (India)' has filed a petition in the Delhi High Court alleging that algorithmic trading is bad. I wonder who is behind this.

On the theme of the transformative impact of google maps, see How Google Builds Its Maps, and What It Means for the Future of Everything by Alexis C. Madrigal.


Sebastian Mallaby has a great response (originally in the Financial Times) to the Apple-Samsung patent violation case. If you're in the US, you need to run, not walk to buy cool Samsung equipment, or buy it when you travel abroad.

The Euro crisis is back from vacation by Adam Davidson, in the New York Times magazine.

If Xerox PARC invented the PC, Google invented the Internet by Cade Metz in Wired magazine.

Why sex could be history by Kira Cochrane in the Guardian, about a new book by Aarathi Prasad.

Some of the biology that we learned in high school is getting overturned.