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Private Life Insurers Join Hands To Fight Investment Frauds

Fighting-fraud

Amid a continuing SEBI probe into investment fraud syndicate active in the national capital region (NCR), six private life insurers have joined hands to fight the menace of mis-selling of insurance products through spurious calls made by fraudulent agents.

Capital market regulator, Securities and Exchange Board of India (SEBI) earlier this month uncovered a syndicate of fraudulent agents operating in the national capital, wherein a large number of people could have been defrauded in the name of mutual fund and insurance products purchased by their deceased family members.

SEBI widened its probe after preliminary investigations, conducted with assistance of Economic Offences Wing of Delhi police, indicated an organized attempt by several people to defraud the gullible investors.

As SEBI is continuing its probe, six private life insurers –Reliance Life, ICICI Prudential Life, HDFC Life, SBI Life, Birla Sun Life and Aegon Religare – have formally filed a complaint with the Economic Offences Wing (EOW) seeking its help to act against the spurious callers.

In their complaints with the EOW, the private life insurance companies have sought action against offenders who make spurious calls to customers with false promises on loans or other investment products to dupe them.

Their modus operandi typically involves the customers being asked to surrender their existing insurance policies and shift to some new products for better returns.

The agents, in the process, earn hefty commissions or at times dupe the investors of their entire investment values.

As per life insurer’s presentation given to EOW, these fraudsters are operating from make-shift call centers in the Delhi NCR.

The preliminary investigations by the insurers also found that some of these persons were previously associated with insurance companies, directly or indirectly.

Typically, these persons use pre-paid mobile numbers or calling cards to contact gullible investors, while some people operate as field staff to collect documents and cheques.

Sensing a large scale fraud, the insurers and their regulator Insurance Regulatory and Development Authority (IRDA) have also begun sensitizing the public on the matter through emails and SMSes on a regular basis.

Insurers say that there are strict compliance policy and processes to help identify and act against spurious callers trying to mislead customers.

Insurers have been regularly alerting their customers through SMS and emails against falling prey to any person or entity making superficial offers of high returns, loans, bonus or gains.

In a recent public notice, IRDA also warned customers against fake entities calling on behalf of insurers.

The country’s biggest insurer, Life Insurance Corporation of India (LIC) has also warned its customers and the general public about fraudulent agents, through newspapers and other channels.

Valuation Method Changed For Listing Of General Insurers

IRDA-SEBI-IPO

The Insurance Regulatory and Development Authority (IRDA) has scrapped the embedded value requirement for the listing of general insurance companies on the stock exchanges in the final guidelines issued in the gazette.

Instead of the embedded value method for valuation, general insurance companies will be required to make additional disclosures on risk factors specific to them, adequacy of premiums, reserves, asset-liability management, and current financial condition.

Embedded value, an actuarial practice used to value an insurance company, is the present value of the future profits expected from the business.

In the draft guidelines issued earlier, IRDA after consultation with Securities and Exchange Board of India (SEBI) suggested that the embedded value should be double the share capital for listing of a general insurance company.

However, during discussion on the draft guidelines with IRDA, the general insurer sought removal of this provision as general insurance is a transient business whereas life insurance policies are long term contracts.

IRDA has said that only those companies, which have been in operation for ten years, will be entitled to bring out an Initial Public Offering (IPO).

The approval granted by IRDA will be valid only for a year, within which the company has to file the Draft Red Herring Prospectus with SEBI.

The criteria for approval for insurers will be their overall financial position, its regulatory record, the proposal of issue/offer of capital, the capital structure post issue, history of compliance with regulatory requirements and the maintenance of solvency margin.

SEBI Renews Efforts with IRDA for Allowing Insurers in SLB

IRDA SEBI

Securities and Exchange Board of India (SEBI) will soon make another attempt to convince the Insurance Regulatory and Development Authority (IRDA) for allowing the insurance companies in the Stock Lending and Borrowing (SLB) mechanism.

SEBI has decided to give another shot to the long-pending demand of the market after TS Vijayan was named IRDA chairman last month.

The SEBI is quite optimistic this time as Vijayan –who was associated with Life Insurance Corporation of India (LIC) over three decades – is well verse with the insurance sector and its demands related to capital market operations.

Incidentally, LIC itself has been keen on getting an approval for participating in the SLB segment as it will improve the insurance behemoth’s return on the huge corpus of idle securities in its portfolio.

SLB refers to a mechanism through which an entity can borrow shares on a temporary basis to meet its delivery obligations. Stock exchanges fix the fee for lending/borrowing of shares while SEBI has laid down the broad guidelines related to tenure of lending/borrowing and margins. The borrower has to return the shares at the end of the agreed term.

This is not the first time that the regulators would be sitting together to arrive at a consensus on insurance players being allowed in SLB. Many meetings were held during former IRDA chairman Hari Narayan’s tenure.

J. Hari Narayan was an IAS officer of the 1970 batch with widespread experience, but none directly associated with the insurance sector.

Insurance companies are the biggest supplier of securities. This segment is meant for players like insurance companies and mutual funds.

There was a committee also set up for this and everyone had approved it also. But IRDA seems to have its own share of concerns.

If SEBI succeeds in convincing IRDA this time, it would provide the much needed fillip to the sagging SLB segment, which had failed to register significant volumes even after five years of launch.

Experts say that absence of long-only institutional players is acting as the biggest hindrance in the growth of SLB in India.

IRDA Gazette New Norms on Various Segments

IRDA

The Insurance Regulatory and Development Authority (IRDA) has finalized and gazetted various new rules for the segment.

These cover Initial Public Offering (IPOs) by general insurers, amalgamations between life insurers, one on Third Party Administrators (TPAs) in the health insurance segment and for health insurance coverage – entry can’t be denied up to the age of 65 years and renewal can’t be denied due to age, except in foreign travel, among other things.

On IPOs by general insurers, IRDA said that only those in operations for at least ten years would be allowed to do so. IRDA also said that this grant of approval would be valid for only a year, within which the company would have to file the draft red herring prospectus with the Securities and Exchange Board of India (SEBI) under the issue of capital and disclosure regulations.

Among the other guidelines gazette, the IRDA (scheme of amalgamation and transfer of life insurance business) regulations say companies in this segment would have to give a two-month notice of an intention to implement the scheme. And, this should be prior to applying.

IRDA said that it might direct such companies to send a copy of this application to every Indian who is a policyholder. After in-principle approval, the life insurer would need to take approval from other relevant authorities such as the Foreign Investment Promotion Board, SEBI, Reserve Bank of India (RBI) and Competition Commission of India. After getting these approvals, a final nod will be needed from IRDA.

As for TPAs, they must take prior IRDA approval to change their shareholding when exceeding 5% of paid-up share capital.

The health insurance guidelines specify that entry age for a policy can be up to 65 years. Guidelines also say that renewal can’t be denied on the ground of age, except in travel insurance.

The guidelines have allowed non-allopathic treatment to be provided coverage, provided treatment has been taken in a government or government-authorized institution. An option to migrate to another suitable health insurance policy has been given to a consumer.

IRDA and SEBI at Loggerheads Once Again

IRDA SEBI

The Securities and Exchange Board of India (SEBI) and the Insurance Regulatory and Development Authority (IRDA) are, once again, at odds.

This time, IRDA has raised objection over the SEBI’s proposal to allow insurance companies to become ‘proprietary trading member’ for the newly approved debt trading on stock exchanges.

The market regulator had last month allowed bourses to set up debt segments to develop the country’s languishing corporate bond market.

To boost liquidity in such instruments, SEBI has proposed to have financial institutions like banks, pension funds, insurance firms and mutual fund as proprietary trading members and allow them to trade in their own account.

While the Reserve Bank of India (RBI) has allowed banks to become proprietary members in the corporate bond market, IRDA is wary of this. IRDA thinks that it wouldn’t be prudent for insurers to undertake proprietary transactions with policyholder’s money. IRDA believes though the proposal is for debt segment, there could still be trading losses.

Stock exchanges say that the new debt segment is being created to provide framework for trading, as well as clearing, settlement and risk management. The debt segment will help in mitigating risk. They also say that if IRDA is apprehensive about allowing insurers, it can prescribe internal curbs, such as a cap on exposure or net worth. They further added that IRDA could be wary as it may believe insurers might also come under SEBI if they became members.

Earlier in 2010, the finance ministry had to intervene when SEBI and IRDA had been at loggerheads over the regulatory jurisdiction of Unit-Linked Insurance Plan (ULIP).

LIC in No Hurry to Hike Stakes in Listed Firms to 30%

LIC

The government might have gone against the wishes of two regulators Insurance Regulatory and Development Authority (IRDA) and Securities and Exchange Board of India (SEBI) in giving special permission to Life Insurance Corporation of India (LIC) to invest up to 30% in any company, but LIC is in no hurry to hike its stake in any listed firm as a matter of routine.

At present, LIC has assets worth over Rs 13 lakh crores.

As per LIC, the 30% provision is for long term. It also said that it is aware of SEBI’s norms on takeover code where it has to go for an open offer if its holding exceeds 25%. It will be extremely careful in hiking stakes and in case if it is necessary to go beyond 25% it will seek exemptions from the SEBI.

As per LIC, the existing 10% cap is too small. In many of the companies, it has touched that limit because of the historical reasons. It has been investing for 56 years so it has asked for an increase in the cap.

IRDA chairman J. Hari Narayan has recently termed the government’s decision as imprudent. He said that IRDA’s interpretation was that LIC should be treated at par with all other private life insurers. But, government was of the view that there were certain provisions, only applicable to LIC as per LIC Act.

A government official said that if IRDA talks of level playing field, it should be applicable in all the aspects like social commitments, investments and even advertising spend. Why this talk of level playing field only in the case of investment?

The government had allowed LIC to invest up to 30% in a company against the existing norm of 10% as stipulated in the Insurance act, 1999, after law ministry clarified that LIC act, 1956, supersedes the Insurance Act, 1999.

The LIC Act, 1956, says that the insurer can hold up to 25% stake in companies.

However, in 2008, the amended IRDA act restricted the stake insurers could hold in other firms to 10%. A notification issued under the act superseded all other notifications. This meant that LIC also had to pare its stake in companies to 10%.

Govt. Move to Hike LIC’s Holdings Cap May Lead to Violation of Takeover Laws: SEBI

SEBI IRDA LICCapital market regulator, Securities and Exchange Board of India (SEBI) has expressed its displeasure on the government’s move to allow Life Insurance Corporation of India (LIC) to own up to 30% in a company. SEBI feels that this move may lead to violation of country’s takeover laws.

According to the latest takeover rules, an entity acquiring 25% or more in a firm has to make an open offer to buy an additional 26% from the public shareholders. It means if LIC’s investments in a firm exceeds 25%, then it would have to buy another 26% from non-promoter shareholders. If the offer is fully subscribed, then LIC will end up holding as much as 51%, breaching the cap of 30%.

The thinking within the SEBI is that LIC might get away without making an open offer, even if it purchases beyond the permissible limit.

The step has also met with criticism from the Insurance Regulatory and Development Authority (IRDA), which thinks high exposure to a stock, is imprudent.

Earlier LIC too, was governed by Insurance Act, which says that no insurer can invest more than 10% of the fund or 10% of the firm’s stake, whichever is lower.

IRDA said that it raised the issue of violation of takeover laws before the finance ministry. But finance ministry was apprised of the risks in let LIC picking up to 30% in a company. The possibility of an open offer trigger getting breached was also discussed. But finance ministry went against the recommendations of IRDA.

As per LIC, it might seek an open-offer exception from SEBI in the event of open offer being triggered. Exceptions have been made and they could be made in future in specific cases.

SEBI had exempted LIC from making an open offer when its shareholding had breached the threshold limit in Corporation Bank.

Securities law experts say that under current takeover laws, LIC cannot be exempted from the open-offer obligation and it will have to ensure that its shareholding in listed companies stays below 24.99%. Getting an exemption in the case of Corporation Bank was justified. But, if an open offer gets triggered in case of private company, getting an exemption from SEBI would be difficult.

SEBI could exempt LIC from making an open offer for banks as voting rights in banks are capped at 10%.

The underlying objective of the takeover code is controlled. As no single shareholder in a bank can have more than 10% voting rights, SEBI has no problem in giving such exemptions in case of banks. But, if the voting rights are removed in future, these entities may have to make an open offer.

IRDA to Release Final Guidelines on Investment Limits by Next Week

IRDAInsurance Regulatory and Development Authority (IRDA) will release the final guidelines on investment limits for insurance companies in the next couple of days. The final guidelines would cap the debt portion of the investment by insurance companies at 55% against the current 85%.

For investment assets, including Unit-Linked Insurance Plan (ULIPs), IRDA would reduce the exposure limit to a particular sector from 25% to 15%.

Experts believe that this regulation will impact the ULIP returns. This would mean if an individual who wished to invest in a high yielding sector, over and above a particular limit, would not be allowed to do so. This might affect his returns, on a case-to-case basis.

The cap of 10% for investment in a single company would be retained. However, Life Insurance Corporation of India (LIC) will be kept out of the purview of the provision.

Insurance companies will be allowed to participate in additional instruments such as interest rate swaps and equity derivatives.

Interest rate swaps are agreements between two parties in which one stream of future interest payments is exchanged for another, based on a specified principal amount. These are used to limit or manage exposure to fluctuation in interest rates or to obtain a marginally lower interest rate than that possible without the swap Primarily, life insurance companies would be able to use this for hedging purposes.

The equity derivatives are derivative instruments with underlying assets based on equity securities. An equity derivative’s value would fluctuate with changes in its underlying asset equity, usually weighed by share price.

IRDA has already stated that the total investment in housing and infrastructure should be at least 15% of the fund for life insurers and 5% for general insurers.

It is also expected that investments in infrastructure debt funds, as approved by IRDA on a case-to-case basis, would be considered for infrastructure investments. In the earlier draft IRDA has said that no investment will be made in instruments if such instruments are capable of being rated, but are not rated. The ratings should be done by a credit rating agency registered under Securities and Exchange Board of India (credit rating agencies) regulations. This provision will be retained in final guidelines.

Govt. Should Remove FDI Sectoral Caps: RBI

RBIReserve Bank of India (RBI) has urged the government to further liberalize Foreign Direct Investment (FDI) norms by doing away with most sectoral caps in order to cut reliance on debt flows to fund India’s record high current account deficit.

Further, RBI has asked for allocating debt investment limits on a first-come-first-served basis while giving preference to long term investors, replacing the current method of auctioning the right to invest in debt-essentially consisting of government securities and corporate bonds.

RBI has also proposed to increase the overall limit for investment in Indian debt, currently $60 billion per year. After allocating part of this to long term players such as sovereign wealth funds, the rest could be awarded on first-come-first-served basis to Foreign Institutional Investors.

The proposals, part of measures mooted by RBI to the financial stability and development council  (FSDC)–a body set up to co-ordinate the actions of financial regulators and develop the sector- are intended to improve external sector management by improving the longevity of foreign capital flows.

Finance minister is the chairman of the FSDC. FSDC also includes the RBI governor and the heads of market regulator Securities and Exchange Board of India (SEBI), insurance watchdog Insurance Regulatory and Development Authority (IRDA) and pension fund regulator Pension Fund Regulatory and Development Authority (PFRDA).

RBI has also favoured uniform composite caps clubbing foreign investment by strategic and portfolio investors in a sector, to insure clarity in the overall FDI framework devoid of any opportunity for arbitrage.

Caps fixed at multiple levels – 26%, 49%, 51% and 74% – a separate sub-caps for foreign institutional or portfolio investors within the overall limits only deters long-term investors and did not make any practical sense after sector had been opened to foreign investments, this only leads to confusion and arbitrage.

Instead RBI has suggested retaining caps only for sensitive sectors.

Experts also point out that caps had lost relevance and specific guidelines should be used to address sectoral concerns. Instead of imposing FDI caps, the sectoral concerns can be better addressed by having operational guidelines or conditionality, approval and regulatory oversight.

The department of industrial policy and promotion, the nodal department that administers FDI policy, in June 2012 had put out a discussion paper making a case for removal of caps below 49% saying limits provide opportunities for arbitrage to unscrupulous Indian partners at the cost of consumers.

IRDA Issued Draft Norms for General Insurers Seeking Public Issue

IRDA-PersistencyInsurance Regulatory and Development Authority (IRDA) has stated under the Issue of Capital and Disclosure Requirements (ICDR) regulations, that no general insurance company could approach the Securities and Exchange Board of India (SEBI) for public issue of shares, as well as for subsequent issue without its prior written approval.

In draft norms IRDA said that these regulations will be applicable to divestment of excess shareholding by promoters of an applicant company or to raise funds in a different manner under ICDR regulations. This could be through the issue of capital under ICDR regulations and divestment of equity by one or more promoters through a public offering for sale, under ICDR regulations.

In the draft, IRDA also said that issuances and allotment of capital by an insurance company should be only through fully paid-up equity shares. Issue of capital other than those specified, including transfer of shares beyond the specified limits as laid down by the insurance act, 1938, would require IRDA’s prior approval.

Any Approval by IRDA wouldn’t, in any manner be deemed to or serve as a validation of the representations by the applicant company in any offer document.

IRDA will have the right to not grant approval if the company is not compliant with the regulatory framework; or it is detrimental to the interest of policyholders; or it may not be in the interest of insurance business in the country.

Companies will have to maintain a prescribed regulatory solvency margins as at the end of the preceding six quarters commencing from the quarter immediately prior to the date of filing the application.

A general insurance company can raise capital through public offering only if it has completed ten years of operations or another period prescribed by centre.

The approval granted would have a validity period of a year from the date of the issue of the approval letter. During this period the applicant company would have to file a draft red herring prospectus with SEBI, under IDCR regulations.

For granting approvals, IRDA will consider factors like company’s overall financial position, the regulatory record, the proposal for issue/offer of capital, the capital structure after the issue/offer of capital and the purpose to which the share capital proposed to be raised would be applied. It would particularly consider the embedded value of a company. This value would have to be prepared by an independent actuarial expert and peer reviewed by another independent actuary.

The embedded value is generally expected to be around two times the paid-up equity capital (the paid-up capital shall be inclusive of the share premium).

While granting approvals, IRDA may also prescribe the extent to which promoters would dilute their respective shareholding, the maximum subscription which could be allotted to any class of foreign investors and the lowest lock-in period for promoters from the date of allotment of shares.

IRDA has also prescribed additional disclosures, including risk factors specific to insurance companies, an overview of the insurance industry, disclosure of financial statements, a glossary of terms used in the insurance sector and particulars of issues and issuers.