When the Supreme Court castigated Sahara Parivar chief Subarata Roy, and sent him to judicial custody on Tuesday, one man must have finally permitted himself a smile — K. M. Abraham, former board member of the Securities and Exchange Board of India (SEBI) and the man who investigated the Sahara scam.If the case survived the numerous obfuscations, dilatory tactics and twists and turns of the last three years, it was entirely due to Dr. Abraham’s watertight order of June 2011. The 99-page order that he put together under conditions of extreme pressure and stress was scholarly and extremely well-researched at one level even as it brilliantly demolished all the false defences put up by Sahara’s lawyers.Without saying so in so many words, the order highlighted that the two companies — Sahara India Real Estate Corporation (SIREC) and Sahara Housing and Investment Corporation (SHIC) — may actually have been laundering money in the names of fictitious investors. The Supreme Court alluded to this in its observations on Tuesday. Sahara questioned SEBI’s power to regulate optionally fully convertible debentures (OFCDs), and also contended that the funds were raised through private placements and, therefore, not under the market regulator’s purview. SEBI’s order pointed out that the definition of ‘securities’ under the Securities Contracts (Regulation) Act is an inclusive one and not exhaustive and that OFCDs would come under its purview.Dr. Abraham’s order also held that an offer made to 50 or more persons ceases to be a private placement under the Companies Act. SIREC alone had about 6.6 million investors in its OFCD scheme. Complete details of these investors were not available with SIREC, and Dr. Abraham’s random test of four addresses of ‘investors’ in Mumbai revealed that only two existed and even these two had nothing to do with the Sahara group. This revelation was important to demolish Sahara’s argument that this was a private placement meant for people associated with the group.Dr. Abraham’s job was not easy because the data provided by SIREC was in the form of scanned images that were not amenable to analysis on a computer. The other company, SHIC, failed to share any information with SEBI. Not surprising then that he commented in his order: “There seems to be an unstated resolve on the part of the two companies not to part with data in any meaningful manner. The thrust seems to be on concealment and obfuscation rather than openness and transparency.”It must have been gratifying for Dr. Abraham, who is now Additional Chief Secretary, Kerala, when the Supreme Court quoted extensively from his order in its judgment of August 2012, ordering Sahara to refund its investors. After all the hard work, the pressures that he had to endure and the controversies, it is now vindication time for him.
6)Banks tap social media to garner new businesses
Disruptive technologies such as SMAC (social, mobile, analytics and cloud) are carving a new path of innovation in banking functions and strategy, according to a CII-PwC survey “Connecting the dots: wiring business, technology and operations, which was released at the CII Banking Technology Summit here on Wednesday.About 63 per cent of banking survey respondents confirms that their bank used social media campaigns quite frequently to get leads. Fifty per cent said they were using social media aggregators to help interpret unstructured data. “This implies that social media has the power to garner new business and attract new customers,” said the survey report.Around 86 per cent said that they had already deployed mobile banking. Only 14 per cent said that they were still in the initial stages of the launch. “Mobile telephony has become ubiquitous, with a penetration of around three quarters of the population of the country. It is a well acknowledged fact that the mobile platform is being used to a large extent by customers.”The report said that all banks agreed that the maximum usage of this channel was to view account details such as account balance, mini statement and cheque status. This is followed by other transactions such as money transfers, utility payments and mobile payments.At present, around 78 banks offer mobile banking services. The use of smart phones and tablets has also helped increase the traffic on mobile banking transactions. “However, there still remains scope for growth.” Some challenges associated with the adoption of mobile technology are lack of awareness and change in mindset, inability to sync the mobile number with the account number, features of the handset and inconsistent revenue-sharing models.Banks are seen experimenting with various social media channels to build their brand equity, gauge which stream will actually yield more visibility and help promote the organisations’ image, said the report.As compared to public sector banks, private sector and foreign banks have adopted social media more openly and integrated it as a part of their strategy. It is regarded not only as a means to reach out to customers but also to engage with them on a continual basis by providing the latest updates, offers, campaigns, facilitate transactions such as booking movie tickets, fund transfers, addressing grievances and the like.The social media gambit is targeted towards the youth who are found to be spending a large amount of time online. Consequently, banks find it a great way to increase their visibility.
7)‘RBI is keen to issue bank licences’
The Reserve Bank (RBI) is likely to issue a few bank licences during the model code of conduct, which came into force from Wednesday, Union Finance Minister P. Chidambaram said here.“What does the code of conduct have to do with this [bank licence process]. The government and regulators are discharging their normal duties... They [RBI] wish to issue a few licences,” Mr. Chidambaram told reporters at a press conference.“So that’s the indication we have got. We are not interfering with that process, that is, the RBI’s decision,” he added. The Minister also clarified that the Cabinet would continue to take decisions right up to the elections in accordance with the model code of conduct rules, which bars the ruling party from acting to alter the level-playing field during elections. “The Cabinet will clear proposals based on policies announced earlier...no where does it say government functioning should come to a halt,” he said.The Minister is scheduled to address the RBI board on Friday.
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