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Indian Firms in Doublespeak on Insurance FDI: WikiLeaks

wikileaks-the-india-documents

Indian partners in insurance joint ventures might be less interested than previously believed about raising the ceiling for Foreign Direct Investment (FDI) in the sector.

A WikiLeaks cable originating from American diplomatic sources based out of Mumbai suggested that domestic partners might be lobbing against raising the FDI cap. Many industry representatives believe that some domestic partners, especially the more established firms, no longer need additional foreign capital, and some may be working against the lifting of the FDI cap behind the scenes, said the cable dated August 7, 2009.

The cable included inputs from a number of officials in the sector on the matter. It quoted Saibal Choudhury of MetLife Insurance, who suggested that opponents want to include investment portfolio or Foreign Institutional Investment (FII) under the raised FDI cap.

The introduction of FII into the equation might help the domestic partner bargain for a better deal with the partner, according to the cable.

The finance ministry is also looking to allow a 23% FII stake instead, as an alternative to raising the FDI cap to 49%.

Parliament’s Standing Committee on Finance has opposed raising the FDI cap to 49%.

The cable quoted that Peter Akers, India head of Munich Reinsurance, as saying not all domestic players see the increase in FDI as advantageous at the moment, since many had a steady stream of premium or investment income, making major capital expenditure less important.

Akers insisted that the domestic partner of at least one major joint venture was currently lobbing against the hike in capital, while foreign partners were lobbing for it, the cable said.

While many in the insurance sector have publicly supported the insurance amendment bill to raise the cap on FDI from 26% to 49%, noted the cable, the bill continues to be relegated to the background in favor of more populist economic and social legislation in parliament.

A comment section at the end of cable said the reform might take a while to pass. Since some joint venture contracts require the Indian partner to sell equity to the foreign partner once law changes, Indian partners may be reluctant to sell at the expected current valuations. It is a good reminder that in India, as else where, there are often unseen interests and influences on every side of an issue, even those that seems to be ‘low hanging fruit’, as this legislation has been frequently characterized.

The cable signed off with a prophetic outlook for the bill. If the Congress party continues to focus on populist-but inclusive-legislation policies, such as additional rural expanding, we should expect even the most sensible economic reform measures to take far longer to implement than expected, it said. Nearly four years later, the bill remains stuck.

Canara, OBC To Oppose HSBC’s Plan To Sell Stake In Insurance JV

hsbc insurance

HSBC’s plans to sell stake in its Indian life insurance Joint venture (JV) with two public sector banks has run into rough weather. State-owned Canara Bank and Oriental Bank of Commerce (OBC) –the domestic partners – planning to oppose the proposed deal as they are miffed with HSBC’s decision to sell stake without consulting them.

Canara HSBC OBC Life Insurance Company is a joint venture between Canara Bank holding 51% stake, OBC holding 23% stake and HSBC holding rest 26% stake.

Canara Bank and OBC are unhappy that HSBC, which runs the operations of Canara HSBC OBC Life Insurance Company, approached prospective buyers without seeking their opinion, even as the JV shareholding agreement contains ‘tag-along rights’.

The clause, which gives shareholders the right to be part of a sale transaction if one decides to sell stake, was inserted in the shareholding agreement when the JV was formed. So, prospective buyer will have to offer Canara Bank and OBC similar terms as it offers HSBC in the deal.

Both banks are yet to get a formal proposal on sale from HSBC.

If the ‘tag-along right’ is exercised by the two state-owned banks, it could scupper HSBC’s plan of a smooth exit at a premium valuations. It would be impossible for a foreign firm to buy out HSBC’s stake as regulations do not allow more than 26% Foreign Direct Investment (FDI) in an insurance company. Alternatively, Canara Bank and OBC could ask for share in HSBC’s stake-sale proceeds.

If the deal happens at steep valuations, Canara Bank and OBC will look to extract their pound of flesh because the selling point in the deal for HSBC is the Bank’s network.

At present, Canara Bank has 3,723 branches and OBC 1,930 branches.

Canada’s Manulife Financial Corp is in race for HSBC’s stake in the JV. Valuing the life insurance firm at $800 million or Rs 4,000 crores, the HSBC stake could be worth about $200 million or Rs 1,000 crores.

If the prospective buyer is a domestic firm with a stake in a existing life insurance business, it would have to buy out the entire entity and merge it with itself. This is because no company could hold stakes in more than one domestic life insurance firms.

However, domestic firms might be averse to paying premium valuation without an exclusive distribution pact with the banks, as the budget has allowed banks to sell products of multiple insurance firms.

Canada’s Manulife Eyeing Indian Insurance Market

Manulife-Insurance

Indian insurance sector may see the entry of a new foreign player, as Canada’s largest insurer Manulife Financial is actively studying Indian Insurance market to find a workable business model to set up shop here.

A host of global insurance giants, including Allianz, Prudential, Standard Life, Aegon, Aviva and Nippon Life are already present in the Indian insurance market through joint ventures with their respective Indian partners. And, now Manulife has begun cogitating a foray into the Indian insurance market.

Manulife is closely studying various rules and regulations for the sector including those for the foreign ownership restrictions.

Currently, Manulife has a representative office in India.

So far, Manulife has not pursued India because of ownership restrictions and more recently, regulatory changes around product.

The rules currently cap foreign stake in Indian insurers at 26%, but the proposals are underway to hike this limit to 49%.

Finance minister, P. Chidambaram, has expressed confidence that amendments to the insurance bill may be introduced by the government soon. The bill seeks to raise the Foreign Direct Investment (FDI) limit in the sector from 26% to 49%, which is a much awaited move in the capital intensive industry.

Manulife Financial is a leading Canada based financial services group with principal operations in Asia, Canada and U.S.A. At the end of 2012, funds under management of Manulife Financials and its subsidiaries were $535 billion or over Rs 28 lakh crores.

The company operates as Manulife Financial in Canada and Asia and primarily as John Hancock in United States.

The Indian life insurance sector saw over Rs 33,633 crores of deployed capital, controlled more than Rs 16.18 lakh crores managed assets with 34 crores policies in force as of 31 March 2012.

Insurance Bill Retains Proposal to Hike FDI Cap to 49%

FDI Insurance

Despite a parliamentary standing committee’s firm stand against hiking Foreign Direct Investment (FDI) limit in insurance sector from current 26% to 49%, the government has decided to approach parliament with its original proposal to hike the FDI limit to 49%, considering the sector’s huge capital needs.

The Insurance bill, listed for consideration and passing in the ongoing budget session, proposes a composite foreign investment ceiling of 49%.

This means that the government has even negated a compromise formula that came up during informal discussions between the government and the opposition to carve out a 23% window for equity holding by Foreign Institutional Investors (FIIs) or overseas corporate bodies, while retaining the FDI cap at 26%.

According to the government, the composite cap of 49% foreign investment (including both FII and FDI components) is retained as the aim now is to get up to 49% FDI in the sector, which needs around $12 billion worth of capital by 2020.

Insurance sector urgently needs long term capital for expansion and increasing penetration.

The government also said that it can’t afford any provision restricting FDI to less than 49%, especially when the Indian companies are finding it difficult to raise capital.

The government has received a large number of representations from foreign investors and insurance companies requesting not to reduce the FDI limit from the proposed 49% in the insurance bill. These representations said that lowering the FDI limit from 49% for a political compromise would complicate matters and adversely affect the ability of the sector to raise long term foreign capital.

Insurance Regulatory and Development Authority (IRDA) has also backed the move to allow 49% FDI in the sector.

Those who argue that FDI and FII should be separate have concerns over the possibility of a single foreign investor getting a 49% stake in an insurance company, and at the same time two or more Indian entities being in the minority by sharing the remaining 51% stake.

However, experts say that if you give a 49% stake to foreign investors, they will be more comfortable and will get serious long term investments. Currently even with 26% FDI, the foreign joint venture partners anyway have the ability to control the company through the power to appoint people to key positions such as the chief risk officer and the chief financial officer.

The advantage of the composite foreign investment cap over separate boxes for FDI and FII is the flexibility that FDI offers.

According to Securities and Exchange Board of India (SEBI) regulations, each FII cannot hold more than 10% equity in a company and their sub-account cannot own over 5% stake in a company, which in turn forces the need to bring in multiple investors if any insurance company opts for the complicated option of a higher FII component.

Experts also say that if the intention is to raise long term capital, most Indian companies would prefer long term foreign investment, which is FDI.

MNC Insurers Pitched for Hike in FDI Cap in Insurance Sector

Insurance Industry

A group of multinational insurers have made a strong pitch for raising the Foreign Direct Investment (FDI) limit in the insurance sector to 49% from current 26%.

Insurers argued that uncertainty in increasing the cap is impacting the business plans of current joint ventures and has led to a delay in the entry of other foreign companies in the insurance space in India.

They also said that an increase in the limit would improve the insurance penetration in India while bringing in more stable and long term capital flows in the country.

The insurers said that their companies were willing to invest for long term in India. They urged the government to meet India’s implicit commitment to increase the ceiling in a conscionable period of time and make it consistent with FDI policy for every other segment such as banking, asset management, investment banking and securities broking.

The insurance amendment bill, which seeks to increase the FDI cap in private sector insurance companies to 49% from 26%, has already been approved by the cabinet and is now expected in the upcoming budget. The opposition is against raising the ceiling.

The Standing Committee on Finance, headed by senior BJP leader Yashwant Sinha, had recommended retaining the limit at 26%.

Insurers said that entry of foreign companies in the insurance market has resulted in expanding the product basket. The move to consider the Insurance bill proposing higher FDI is timely for various reasons including India’s appetite for foreign capital.

They further added that some foreign companies which were interested in coming to India had put their plans on hold due to lack of clarity. Hence, bringing certainty would help both domestic and foreign insurers to decide whether they want to stay invested or not.

Edelweiss Tokio Life to Pump in Rs 1,000 Crores Capital in Five Years

Edelweiss Tokio Life Insurance

Edelweiss Tokio Life insurance, a 74:26 joint venture between Edelweiss Capital and Tokio Marine planning to pump in Rs 1,000 crores capital in the next five years to boost its business.

Company had plans to infuse total Rs 1,500 crores capital, of this company has already infused Rs 550 crores and additional Rs 1,000 crores will be infused in phases.

Till now, Edelweiss Capital has infused Rs 300 crores and Tokio Marine has pumped in Rs 250 crores.

There is an understanding between both the partners that Tokio Marine will increase its stake in the company to 49% if the Foreign Direct Investment (FDI) limit in insurance sector is increased.

Company is targeting to break even in the seventh year. For current financial year company is eyeing premium income of Rs 47 crores and for FY’14 company is eyeing premium income of Rs 90 crores.

Company has decided to stay focused in sales agency force distribution model as it wants to focus on need-based policy for its customers.

Insurance Bill Likely to be Deferred to Next Parliament Session

Insurance Industry

Insurance amendment bill, which seeks to raise the Foreign Direct Investment (FDI) cap in insurance sector to 49% from current 26%, is expected to be deferred to the next session of the parliament.

The winter session of parliament that begun on 22 November 2012 will end on 20 December 2012.

The government had earlier listed the bill among others that were to be taken up for consideration and passage.

The insurance laws (amendment) bill is pending in Rajya Sabha since December 2008.

Because of the deferment of the insurance bill, the legislation to reform the pension sector is likely to be delayed as the two are related.

As part of economic reforms, the government is keen to pass the bill, but main opposition party BJP and Left Parties are opposing the bill. They want to keep the FDI cap in insurance sector at 26%.

The union cabinet had cleared the draft bill on 4 October 2012 as a part of slew of measures to allow FDI in various sectors.

The standing committee on Finance headed by senior BJP leader Yashwant Sinha, which had scrutinized the bill, was against raising the FDI ceiling in insurance sector. It had argued that it would expose the sector to the global vulnerability.

Earlier Finance Minister P. Chidambaram had said that insurance sector requires $5-6 billion capital in the immediate run.

The penetration ratio in life insurance sector is 4.4% and 0.76% in the non-life segment, meaning a vast majority of population does not have insurance at all.

IRDA against FIIs Owning 23% in Private Insurers

IRDAInsurance Regulatory and Development Authority (IRDA) is strongly endorsing a hike in foreign investment limit in insurance companies to 49% from current 26% through the Foreign Direct Investment (FDI) route, instead of allowing Foreign Institutional Investors (FIIs) to pick up to 23% in private insurance companies.

This is because FII by nature is slightly more volatile than FDI and, it is not desirable in insurance sector.

It is expected that government may dilute the clauses in the insurance bill to allow FIIs to pick up 23% in private insurers, as an option to raise their foreign investment limit to 49%.

HDFC Life Likely to Float IPO Next Year

HDFC LifeHDFC Life insurance is likely to float an Initial Public Offering (IPO) next year if the government succeeds in pushing through the bill to increase Foreign Direct Investment (FDI) in insurance sector to 49% from current 26%.

HDFC Life Insurance is a joint venture between HDFC and U.K. based Standard Life.

Standard Life is upbeat about the high valuation put on Indian insurance companies in recent deals. Though Standard Life is looking at India as a business and a market for the long term, but it is willing to monetize its investments that it had made.

In recent deals, Mitsui Sumitomo bought 26% stake in Max Life valuing the company at over 2 billion. And Nippon Life acquired 26% stake in Reliance Life valuing the company at $2.61 billion.

According to investment bankers, prospects for Indian insurance company’s listing have improved after several of them started reporting profits and even paying dividends to shareholders.

The only reason why several companies have not gone public yet is that, under present FDI limits, there is no scope for Foreign Institutional Investors (FIIs) to participate in the IPOs. Foreign Institutional Investors are crucial for participating in an insurance IPO, not just for their deep pockets but for their ability to analyze the performance of insurance companies. Indian investors are not familiar with insurance companies and analyzing their financials is a different ball game altogether.

At present, there is no headroom for FIIs because insurance laws cap all foreign investments at 26%. No foreign insurer would want its stake to go below 26% as it would lose its veto powers. Hence, if the government allows higher foreign stake, FIIs could participate without the foreign partner diluting its stake. At present, almost every life insurer, barring Sahara Life, has a foreign partner holding the maximum permissible 26% stake.

Reliance Capital to Sell Stake in Insurance Arms

Reliance General InsuranceReliance Capital has begun talks to sell 26% equity in its General Insurance arm to foreign strategic partner. It is also open to further selling stake in its life insurance and mutual fund arms.

Reliance Capital is the financial services arm of Anil Ambani -led Reliance group.

Reliance Capital has already sold 26% stake in each of its Life insurance and mutual fund arms to Japanese insurer, Nippon Life. Nippon Life had picked up 26% stake in Reliance Life for over Rs 3,000 crores. And it purchased 26% stake in Reliance Capital Asset Management Company for Rs 1,450 crores.

Nippon Life is one of the world’s largest financial services group with assets under management of over $600 billion or Rs 30 lakh crores. Nippon Life is the major player in life insurance and asset management businesses in Asia but is not present in General insurance segment.

At present, Foreign Direct Investment (FDI) in India is capped at 26% in insurance sector. However, government is considering increasing this limit to 49%.

Currently, understanding between Reliance Capital and Nippon Life for Life insurance business is open-ended. Both companies will discus to increase the stake of Nippon Life in Reliance Life insurance only after market is further opened up.