Over the past few weeks, the public has been
bombarded with reports in the media of a forthcoming massive boom in
the primary capital market. To hear them tell it, no less than Rs.
30,000 crore of initial public offerings (IPOs) are on the anvil.
The sectors which are reported to be involved are all heavyweights.
Public sector undertakings, banks, multinational corporations,
petroleum companies and large private sector companies are all
lining up to make their offerings. The media has really gone to town
on this good news. So much so that it is raising suspicions that
there is an orchestrated effort to set up the market for a repeat of
what happened in the late Eighties/early 1990s. Investor memory is
short, else why would they forget so soon how they were scalded in
the Harshad Mehta scam. Those were the times when five or more IPOs
would be placed before the lusting public every day. All of them
were subscribed many times over, all of them were listed at a huge
premium to the offer price and everybody made tons of money,
including the small investor. Taking advantage of the sentiment,
hundreds of fake companies made offerings, pocketed the subscription
and vanished.
Then the Harshad bubble broke and there was a mad
scramble to cut losses and exit the market. Large corporates,
financial institutions and banks (who made the most money) were able
to cut the bulk of their losses and what they lost they could
afford. The small investor, as usual, was the last in the line and,
collectively, he took a loss estimated at Rs. 20,000 crore.
And what was the Security and Exchange Board of
India, (SEBI) the monitoring agency of the capital market, doing all
this time? Nothing! No action was taken by SEBI against the
companies that swallowed the subscribers’ money and disappeared. It
is only now, in June 2002, that the Department of Company Affairs
has issued notices to hundreds of such fake companies. Only notices,
mind, most of them sent to addresses which no longer exist. It
strains credulity to believe that such belated action is going to be
of any help to the thousands of investors who were rooked.
In terms of regulation of the market, the scene
is almost the same as it was during the last boom. Brokers are still
forming cartels and ramping prices, banks are still illegally
financing them (forgotten Home Trade?) and SEBI is still toothless
as the South Block mandarins are averse to delegating their powers.
Today, SEBI has a new head but it is too much to expect that he can
do much in the way of making the institution a feared watchdog on
the lines of the Securities Exchange Commission of the U. S. A. And
now a new primary market boom is being touted. Imagine, Rs. 30,000
crore projected against just Rs. 1082 crore in the whole of 2001-02!
The media reports have given the names of the
companies and undertakings which are planning issues and they
include the cream of India’s public and private sectors, along with
the probable size of the issue. It cannot, therefore, be doubted
that there are, indeed, plans for such a huge offering. But is it a
certainty that the issues will actually be made? It must not be
forgotten that a number of companies in past years put their plans
to enter the market on hold given the near-recession conditions and
the apathy of the market. Many who dared enter had their fingers
burnt as the public refused to participate fully. Is there really a
change in sentiment which could see all these pent up offers
bursting on the market now?
According to reports, over 50 companies have IPO
plans but, to date, only 12 have sought approval from SEBI.
Obtaining SEBI approval is not an overnight process. It entails long
delays and even after that it takes months before an offering can be
made to the public. So why this sudden enthusiasm now—why this
expectation that the market will absorb their IPOs fully over the
forthcoming months?
The people who see the IPO bonanza coming base
their claims on the fact that there is a recovery in the economy as
tax collections have risen smartly, a good monsoon is expected,
recessionary trends abroad are being reversed and the core sector
industries have shown excellent progress. Does this make for a good
IPO market? Well, yes and no.
In the first place, tax collections have risen,
yes but in view of the advance tax phenomenon, only a Y-to-Y
comparison can really identify an increase, if there is one. Paying
large tax amounts in the first quarter does not necessarily imply
that the trend will continue over the years. There are too many
variables that have to be taken into account. As for monsoons, it
will definitely lead to accretion of extra income and fuel demand,
but this is an annual phenomenon and if, next year, the monsoon
fails us, the fall in economic growth will be drastic. That the core
sectors are doing well is probably the only real good news, but it
is good news for the long term economic scenario of the country, not
a signal for the creation of a hungry IPO market. And, most
suspicious, why is the very unstable political situation being
ignored? What happened in Gujarat, what is happening in Kashmir and
what could happen on the border with Pakistan (despite the welcome
drop in tension) at any time, are all aspects which canny corporates
will definitely have factored into their plans.
Not that a buoyant primary market is not
something to be desired. There is nothing better for the economy of
a country than a healthy partnership between shareholders and
companies. However, even assuming that all misgivings about the
predicted boom in the primary market come to naught, we have still
not prepared a receptive and safe environment for the boom. What
usually happens when an IPO is made is that the public applies for
shares in the hope that they will be listed at a premium, in which
case they can sell their allotments and make a killing. The buyers
are usually brokers who aggregate the shares and sell them to large
companies or institutions at a handsome profit. This gives an
opportunity for manipulating the listing to suit the big
institutional investors who can then buy the shares at prices
cheaper than their actual worth. Bharti Televentures IPO at Rs. 45
per share was oversubscribed 2.17 times. But a few days after
listing the price dropped below the offer price. A number of retail
investors (there were 25,000 applications) must surely have burnt
their fingers.
All this can be avoided if the regulatory
authorities keep a watchful eye on the market and nip potential
scams in the bud. But this has not happened in the past and is not
likely to happen now. SEBI and lending banks are supposed to
directly and indirectly regulate the market. That SEBI has still not
been able to trace the fake companies who raped the market eight
years ago and that just recently banks fell over themselves to buy
G-secs through Home Trade at better interest rates (and lost their
money in the scam) proves that the primary market is still open to
manipulation and scams. Before IPOs for such a huge amount as Rs.
30,000 crore enter the market, it is mandatory that all possible
safeguards be set up.
Ultimately it is the small investor who pays the
bill. The institutions have a sure means of obtaining advance
information of impending scams in most cases as the corporates are
their borrowers; the banks have been proved to have gone out of
their way to fund brokers, which is illegal, and the management of
the bourses consists mostly of brokers who are themselves involved
in the manipulations. The small investor has no intrinsic knowledge
or guidance about what’s going on. He pays.
Hence, all this talk of a primary market boom may
or may not come true but if it does and the regulators do not do
their job, it is surely going to lead to a lot of major and minor
scams. Its not that India is the only country hit by such scandals.
Bigger—and better scams have been perpetrated in other countries,
even in the U. S. A. (Enron and Arthur Anderson are examples).
What makes India different is that it does
nothing to prevent a repetition of such scandals. In America, after
the Arthur Anderson scandal, the authorities immediately banned
audit companies acting as management consultants. In India, eight
years after fake companies cheated thousands of investors of their
hard earned savings, all that we have done till June 2002 is issue
notices to them at addresses where they do not exist.