Govt seizes control of debt-laden IL&FS; new board to meet before Oct 8

The dramatic move underscores the government's concern about IL&FS' defaults spreading to other lenders in the world's fastest-growing major economy

India's government will immediately seize control of a shadow lender whose defaults have caused widespread upheaval at mutual funds, a rebuke that's only happened to one other firm. 

Officials were granted approval to oust Infrastructure Leasing & Financial Services Ltd's board and a new six-member board will meet before October 8, the National Company Law Tribunal said on Monday. India's richest banker Uday Kotak and ICICI Bank Chairman GC Chaturvedi will be part of the proposed board, which will elect a chairperson themselves. The nation's corporate affairs ministry has sought to take control of a company on just two prior occasions, and only followed through once, with Satyam Computer Services Ltd in 2009.  

The dramatic move, which unfolded within the span of a hectic day in Mumbai, underscores the government's concern about IL&FS' defaults spreading to other lenders in the world's fastest-growing major economy. Considered systemically important, the group has total debt of $12.6 billion, 61 per cent in the form of loans from financial institutions. The ripple effects of its defaults have already seen mutual funds post mark-to-market losses, a slump in corporate bond issuance and a brief but sharp sell-off in equities. 

"The solution would need to address how to prevent massive write downs by the banks, not merely by regulatory engineering -- as that would simply defer the real problem by a few years," said Krishnava Dutt, a managing partner at law firm Argus Partners. "As I see it, someone now needs to bite the bullet."
 

The National Company Law Tribunal will next hear the matter on October 31.

Shares of the group's listed subsidiaries climbed in Mumbai. IL&FS Transportation Networks Ltd, which develops and maintains toll highways, surged nearly 19 per cent to close at 26.80 rupees, paring the year's slump to 68 per cent. Fund manager IL&FS Investment Managers Ltd advanced about 10 per cent.

The new board will inherit a restructuring process that just saw IL&FS shareholders sign off on a non-convertible debt sale, a higher borrowing limit and a rights offering. Some bankers to IL&FS have been hesitant to provide fresh cash injections without more details on asset sales, people familiar with the matter have said.

The beleaguered group can raise Rs 600 billion by selling assets, according to its biggest shareholder Life Insurance Corp of India. The nation's largest life insurer is open to subscribing to IL&FS' rights offer, LIC Chairman VK Sharma said last week.

Other investors in IL&FS include Japan's Orix Corp, the second-largest shareholder in the company, Abu Dhabi Investment Authority and Housing Development Finance Corp, India's biggest mortgage lender.

"Dismissal of the IL&FS board will raise uncertainty on the firm's plans to sell off assets and pay off debtors," Sunil Pachisia, vice-president at brokerage Pratibhuti Viniyog, said by phone. "There is a fear that the lenders may have to take deeper hair cuts once the government steps in."

Rock solid 

IL&FS funds infrastructure projects across Asia's third-largest economy. Its defaults on commercial paper, once considered rock-solid, from August sparked concern among households holding mutual funds invested in such debt, and forced banks, mutual and pension fund managers to brace for further losses.

There was also concern that the group's troubles could spread to other shadow banks and crimp Prime Minister Narendra Modi's infrastructure plans before elections next year.