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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.

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.

Life Insurers Seeking Separate Tax Exemption Limit for Premiums

Life Insurance

Passing the key law to raise foreign shareholding in insurance companies and carving out a separate tax exemption limit for insurance premiums are among the demands the life insurance industry has placed with the finance ministry.

The pending insurance amendment bill seeks to raise the Foreign Direct Investment (FDI) cap in the private sector insurance companies to 49% from current 26%.

Raising the FDI cap will help insurers to raise additional capital for long term development and growth of the sector. The insurance industry requires a sizeable amount of capital over the next few years to reach its full potential. This move will reduce the pressure of capital infusion on Indian corporates operating in the sector.

Life insurers are demanding income-tax concessions to incentivise long-term policies for consumers. Currently, life insurance premium paid can be deducted from the gross total income under section 80C for calculating income tax liability.

However, along with insurance premiums, investments in public provident fund (PPF), National Savings Certificate (NSC), infrastructure bonds, equity-linked savings scheme (ELSS) and home loan principal repayment are all included within the Rs 1 lakh tax exemption limit. Hence, insurers say that there is need for carving out a separate tax-exemption limit for insurance.

Insurers are also looking at reversal of some of the provisions introduced in the 2012 budget.

In last year’s budget, it was mandated that for life insurance policies the sum assured would have to be ten times the premium for tax benefits to be applicable. Insurers want that government should go back to five times for income-tax exemptions as in the case of older people the mortality cost is higher and such a policy will be expensive for them.

The life insurance industry has also asked for a review of service taxes on Unit-Linked Insurance Plan (ULIPs) and immediate annuity products.

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.

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.

PFRDA to Allow New Fund Managers Next Month

PFRDAPension Fund Regulatory and Development Authority (PFRDA) will allow entry of more fund managers next month even though applications for companies with foreign joint ventures could be delayed as the relevant bill is yet to be passed by parliament.

The existing players also have to renew their certificates of registrations after complying with the new guidelines.

The new guidelines mandates that, a company should have a minimum net worth of Rs 25 crores, should have a three-year profit record and managing assets of at least Rs 8,000 crores.

PFRDA will announce the names of new fund managers on first November, 2012.

In 2007, PFRDA allowed state-owned LIC, SBI and UTI AMC to set up pension fund companies and manage the long-term savings of government staff. After two years, PFRDA allowed four private players – IDFC Fund Management Company, ICICI Prudential Pension Fund Management Company, Kotak Mahindra Pension Fund Company and Reliance Capital Pension Fund Company.

These seven Pension Fund Managers (PFMs) now manages assets worth over Rs 20,000 crores of 3.75 million subscribers in government, private and unorganized sectors.

Many more banks, mutual funds and insurance companies were keen to enter the fast growing pension sector but were unable to do so because of restrictions on the number of players and selection criteria based on lowest bid for fund management charges.

In July 2012, PFRDA abolished the bidding process and announced a list of eligibility criteria to allow new players.

While the regulator’s eligibility criteria allows foreign participation directly or indirectly up to 26% as it is applicable for insurance companies, But it is expected that PFRDA may not allow joint ventures directly with foreign partners, unless PFRDA bill is passed by the parliament.

However, Indian mutual funds and insurance companies with minority foreign holding can be allowed as it has been the case for Employee’s Provident Fund Organization (EPFO). The EPFO recently approved Reliance Capital Asset Management to continue as a fund manager after it sold 26% stake to Japanese insurer, Nippon Life.

Earlier this month, the cabinet approved certain changes in the Pension Fund Regulatory and Development Authority (PFRDA) bill, which was introduced in parliament in 2005. The bill has proposed to empower PFRDA as the statutory regulator of the New Pension System (NPS), allow 26% Foreign Direct Investment (FDI) in the pension sector. The bill will be taken up for the parliament approval in the winter session.

Insurance Broking Industry Likely to Witness Rise in M&A

Insurance brokerThe Indian insurance broking industry is expected to witness a rise in merger and acquisition (M&A) on the back of expected reforms. According to experts, the existing players will welcome government’s proposed plan to increase Foreign Direct Investment (FDI) limit in insurance sector to 49% from current 26%.

Three main factors which will drive M&A in the insurance broking industry are:-

  • Overseas insurance brokers would seek to increase their holdings in existing Indian partnerships
  • Overseas brokers not yet in the country could seek deals
  • Domestic consolidation will occur in fragmented industry as the companies would seek to gain scale

Presently, insurance broking industry is going through a phase of consolidation and FDI will act as a catalyst.

On account of growth of life and non-life insurance industry in the last decade, many players entered the insurance broking industry, however now life insurance business has been contracting on month-on-month basis and except motor; none of the general insurance businesses have seen a very good growth. Therefore, those broking companies, which did not see a very good growth so far, will be brought out.

At present, there are around 250 insurance brokers in the country. Also, there are 3-4 international players in India, participating through Indian insurance broking firms. And they have been waiting for increase in FDI.

Apart from this, there are many who are waiting on the sidelines to enter India once the FDI is increased to 49%.

As now insurance industry is hopeful that 49 % FDI in insurance sector will go through, foreign insurance players have identified and started talking to Indian players for buying stakes.

The LeapFrog’s 15% stake buy in Mahindra broker insurance is being looked at as a deal done anticipating 49% FDI in near future.