mutual-fund

Startup Tax: Becoming a Venture Capital Fund

by Paul Joseph March 19, 2012 Featured

Also Read: Angel Investors Beware: Funding Startups Could be Classified as Income Many investors have asked, privately, if they can set up a Venture Capital fund, because any company such funds invest in, will no longer get the startup tax . Such VC funds have regulations from SEBI. You will want to read: The Venture Capital Funds regulation from SEBI (amended till 2010) A “ How To Get Registered As A Venture Capital Fund ” SEBI Note The burning questions, though are: Who can apply? Any company, trust or “body corporate” (typically, institutions). No LLPs, currently. No individuals. Comapnies or trusts need to have their “main objective” as carrying on the activity of a venture capital fund . A company can never request offers from the general public (can only get money as private placements). The directors or trustees must not have any litigation connected with the securities market, and should not have been convicted of any offense involving mortal turpitude or fraud. What are the financial restrictions? There is no “minimum paid-up capital” restriction that usually appears in SEBI regulations. Technically any company that passes muster can apply. A VC fund can raise money from any investor, Indian or otherwise. But the minimum investment is Rs. 5 lakh per investor . Additionally, a VC fund will create “schemes” for investment, and each such scheme will have a firm commitment for at least Rs. 5 crores before the VC fund is started. Note here: the minimum investment may be increased to Rs. 25 lakh soon, given the way things have changed with respect to Portfolio Management Schemes (PMS). Where can VC Funds Invest? A VC fund can’t invest more than 25% of its entire corpus in one startup. It has to invest at least 2/3rd of the corpus in equity shares or convertible debt of unlisted companies. The remaining 1/3rd can go into IPOs of startups, pure debt to an investee company, locked-in preferential shares or listed equity shares of a loss-making or sick company. Fees SEBI charges Rs. 100,000 (one lakh) per application. If the application is okayed, the VC Fund must pay another Rs. 5,00,000 (Five lakhs). (This is where most angel funds will balk. Effectively, another tax.) Oversight A VC Fund is expected to have a  placement memorandum, with the fees, charges, investment philosophy, tax implications, time period etc. This has to be filed with SEBI, along with a report of all money collected from investors. SEBI can also ask for any information on demand, and requires proper books to be maintained. It can also investigate through physical checks. Remember, SEBI is a heavy regulator here. It can even appoint a director level person to take charge of the entire fund and the investments if it feels it needs to do so to protect the interests of investors. Conclusion Look at the list of registered funds here . You may be able to piggy-back on them if they can create a pass-through scheme charging low fees, which avoids the new startup tax . The VC Fund regulations might be time consuming, and they are expensive. And the Five crore “firm commitment” required can stymie many of the angel networks that currently exist (though they may be able to piggyback on an existing VC). Most early stage investments are less than 50 lakhs; sometimes as less as 5 lakhs. These will be hit by the startup tax. If there is a tacit agreement that tax-authorities won’t try to enforce this law vehemently, things will still go ahead. And I expect they will; the risk-reward equation is so high that it’s worth the change. Plus, remember, as a startup: a) You’ll be called for scrutiny only if you get really big. (Small investments might not be worth their time) b) If you get really big, the tax you’ll pay on that angel level investment is going to be tiny, and in all likelihood you can explain away your early “over-valuation” saying: see, we got this big today, the valuation was justified. But this is small consolation. People like things to be straightforward. It’s not nice to have to look over your shoulder all the time. Our government doesn’t make it easy. Tweet

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Foreigners can directly invest in Indian stocks

by Paul Joseph January 2, 2012 Uncategorized

India is encouraging rich foreign individual investors to buy and sell shares in our stock markets. The government is now looking to this category of investors to bring in more foreign capital. The decision will be effective 15 January 2012. Earlier, foreign individuals could buy into Indian companies indirectly. They could either buy units of a local or a foreign mutual fund or ask a brokerage firm to use its own proprietary account to trade for them. Here are five things you need to know:  The government has created a new category of company ownership called the Qualified Financial Investors (QFI). Foreign individuals can now own up to 5 per cent of an Indian company’s equity. Overall, this category of investors can own maximum 10 per cent in a company. This means a company cannot have more than 10 per cent owned by different foreign individuals.  Falling exports and shrinking industrial output is making India a bigger importer than an exporter. The rupee continues to fall against major currencies and there is a need to stem the fall. The presence of a new category of investors would spread ownership of shares in a company. This is likely to reduce volatility in share prices. The stock market so far has not shown much excitement about the announcement. Many influential foreign brokerage firms have suggested to their clients to cut exposure to Indian shares. Going forward, they see a sharp slowdown in the economic growth and a fall in the corporate profitability. It must be noted that the same influential brokerage firms service rich global individual investors too.  The move is among many steps taken recently to boost the rupee. Earlier, RBI encouraged non-resident Indians to save more in their foreign currency accounts by letting banks fix interest rates . As a result, major banks have raised rates on non-resident external savings and fixed accounts to 9 per cent from less than 4 per cent earlier. The central bank also eased restrictions on FII flows into corporate and government bonds.   Source – NDTV Profit. ©2009 Copyright by Invest In India

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Entry Strategy Using Fundamentals: MV Chronicle

by Paul Joseph July 18, 2011 Featured

I speak of Entry Signals in the latest MarketVision Chronicle. (Registration required, free ) Entry Strategy Using Fundamentals: The Market Vision Chronicle – July 16, 2011 Learn about using fundamentals for entry signals into your portfolio, and create an appropriate entry strategy for a medium term investor. That, and all at MarketVision awaits you. Entry Signals: The Fundamentals Many of you have written back after last week’s newsletter asking about creating entry signals. Stocks go up and down every day; how does one ever figure out what we should buy? Let’s first understand the time-frame . We want to figure out “good stocks”. Good, for some of you may mean that the stock will go up intraday, so you can buy in the morning and sell in the afternoon. But to others who don’t have the time to be a terminal gazer, it might mean a year from now or indeed many years from now. What is an entry strategy? Now let’s say you’re an arbitrageur . You want to buy stocks and sell futures and profit from the difference. There are indeed stocks that veer away from their future prices, sometimes intraday, and come back. There are some profits (probably very light) to be made from such trades. The entry process for the arbitrageur would be: 1)

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All you wanted to know about Mutual fund ELSS

by Paul Joseph June 24, 2011 Uncategorized

There are so many tax saving investment options; how Mutual fund ELSS Schemes stand out from all other options?

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SEBI MF Panel Proposes a Rs. 100 Transaction Charge

by Paul Joseph June 7, 2011 Featured

According to ET, the SEBI Mutual Fund Panel has suggested a transaction charge of Rs. 100 per transaction instead of an entry load: The committee headed by Prashant Saran , member of the board at the markets regulator, last week nearly concluded that a Rs 100 transaction fee could be imposed on investors for every new investment that will help distributors cover costs But quite interestingly: “The committee turned down industry body Association of Mutual Funds in India’s suggestion to reintroduce entry loads on specific funds,” said a person privy to the discussions. “Entry load was no longer an option.” While I’m happy to pay Rs. 100 per transaction, I will mostly likely go direct anyhow and avoid the fee altogether (and why should I pay? I’m a registered AMFI advisor myself!) Distributors have costs per transaction – the petrol to the nearest CAMS office, dropping of cheques and what not. That might be covered. But for everything else, the current system affords them decent loads already; most equity products pay upto 1.5% upfront and then 0.5% trail every year.

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Of Underreported Sensex P/E Ratios

by Paul Joseph June 3, 2011 Featured

I write at Yahoo, Of Underreported Sensex P/E Ratios : When it comes to stock indexes, the fact that they are based on a collection of stocks makes it difficult for us to understand their characteristics. I had explained how the Sensex and Nifty EPS (Earnings per share) were calculated, and how we weren’t really seeing them grow quite as much. It turns out there is a problem with the way the index P/E (Price to Earnings Ratio) is calculated. What the index creators do, for both the BSE and the NSE, is to add up earnings of all the companies in the indexes to get the total earnings. They divide the total market capitalization — each company’s total shares multiplied by its share price — by the total earnings to get the P/E. The figure that comes along tells us how richly or poorly the index is valued. For instance, even after a reasonably good earnings season and a drop in the indexes by about 10% from the January peak, the current P/E of the Sensex is reported to be 19.32 . This is higher than the historical average of 17 to 18, and thus might lead us to believe we are overvalued. But a recent bit of research has led me to the conclusion that all is not right on the mathematical front. The problem is in the kind of earnings that the index owners use to calculate the P/E. Companies report different kinds of earnings. At one level they report the results of the company itself, called the standalone results. And then, they announce consolidated results that includes earnings of subsidiaries, appropriately adjusted if the company owns less than 100% stake. So when Tata Motors owns Jaguar and Land Rover, the earnings it reveals at the standalone level is only valid for Tata Motors, the Indian company. The JLR earnings are only revealed in the “consolidated” results. You might think the difference is small, but see this: Tata Motors Net Profit (Standalone): Rs. 1,812 cr. Tata Motors Net Profit (Consolidated): Rs. 9,274 cr. The difference can be staggering. I did a quick calculation on the entire Sensex, and: Total Net Profit (Standalone): Rs. 142,914 cr. Total Net Profit (Consolidated): Rs. 168,944 cr. Note: As of May 30, 2011.

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RBI: Banks Can’t Invest >10% of Net Worth in Liquid Funds

by Paul Joseph May 4, 2011 Featured

In the Monetary policy yesterday (see longer post) RBI has said that Banks can’t invest more than 10% of their net worth into liquid mutual funds. ET has some data : Banks’ investment in mutual funds aggregated Rs 1.11 lakh crore on April 6 against Rs 70,999 crore on January 14, according to RBI. Fund managers said over 80% of banks’ money in mutual funds is in liquid schemes. The investment restriction will limit banks’ surplus money coming into mutual fund schemes at Rs 30,000 crore. The total net worth of the banking system is around Rs 3.13 lakh crore as March 31, according to fund managers. How Much Goes Out? So Investment in Liquid funds = approximately 90,000 cr. Net worth = 3.13 lakh cr. and 10% of that = 31,300 cr. So 60,000 crore will flow out. When? Not immediately – banks are given six months to ease out the transition. How much do mutual funds lose? Assuming liquid funds charge 0.25% as management fees, the total loss will be around 150 crores. This may not sound like much but it is, I think, a reasonable chunk of MF profits. Why did RBI do this? Banks would put money into liquid funds which would in turn buy bank Certificates of Deposit, sometimes of the very banks they got the money from. That’s circular. And because of it there is a risk that if one bank starts withdrawing a lot of money, it will hurt the liquidity and capital raising ability of other banks (since CDs will be sold and prices fall) which will also start selling their liquid fund holdings and so on. The other reason banks might happily do this is that if they couldn’t really take on exposures of certain corporates beyond a limit, they could buy liquid funds that could in turn buy the same companies’ commercial paper. The overall impact is negative for mutual funds, surely. It’s negative for banks in that they need other ways to get the easy 9% they were getting from the mutual fund route. The days of easy spreads are over? This post is written by Deepak Shenoy , at Capital Mind .

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RBI: Banks Can’t Invest >10% of Net Worth in Liquid Funds

by Paul Joseph May 4, 2011 Featured

In the Monetary policy yesterday (see longer post) RBI has said that Banks can’t invest more than 10% of their net worth into liquid mutual funds. ET has some data : Banks’ investment in mutual funds aggregated Rs 1.11 lakh crore on April 6 against Rs 70,999 crore on January 14, according to RBI. Fund managers said over 80% of banks’ money in mutual funds is in liquid schemes. The investment restriction will limit banks’ surplus money coming into mutual fund schemes at Rs 30,000 crore. The total net worth of the banking system is around Rs 3.13 lakh crore as March 31, according to fund managers. How Much Goes Out? So Investment in Liquid funds = approximately 90,000 cr. Net worth = 3.13 lakh cr. and 10% of that = 31,300 cr. So 60,000 crore will flow out. When? Not immediately – banks are given six months to ease out the transition. How much do mutual funds lose? Assuming liquid funds charge 0.25% as management fees, the total loss will be around 150 crores. This may not sound like much but it is, I think, a reasonable chunk of MF profits. Why did RBI do this? Banks would put money into liquid funds which would in turn buy bank Certificates of Deposit, sometimes of the very banks they got the money from. That’s circular. And because of it there is a risk that if one bank starts withdrawing a lot of money, it will hurt the liquidity and capital raising ability of other banks (since CDs will be sold and prices fall) which will also start selling their liquid fund holdings and so on. The other reason banks might happily do this is that if they couldn’t really take on exposures of certain corporates beyond a limit, they could buy liquid funds that could in turn buy the same companies’ commercial paper. The overall impact is negative for mutual funds, surely. It’s negative for banks in that they need other ways to get the easy 9% they were getting from the mutual fund route. The days of easy spreads are over? This post is written by Deepak Shenoy , at Capital Mind .

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Q: Why Can’t MFs Pay Dividends From "Unit Premium Reserve"?

by Paul Joseph April 7, 2011 Featured

In an email, [Name withheld on request] asks: I was reading recently about rule change in March 2010 forbidding equity funds from paying dividends out of the unit premium reserve. My understanding is that dividend payments have come down after this and the popularity of dividend paying funds has declined (would you agree with this?) I can see two explanations for this. One is that investors somewhat irrationally chased dividends before the rule change and some fund companies took advantage of this by paying large dividends to attract flows even though the dividends did not signal actual returns. Another explanation is that investors used these high paying dividend funds for dividend stripping. Which of these explanations is more prevalent? Are there certain fund companies that actively tried to attract investors by paying large dividends out of unit-premium reserve versus other companies that did not do this? I am looking for examples where it is easy to tell that investors were really fooled by dividends as opposed to just the dividend stripping (if you can think of any such examples that would be great). This is a brilliant question. First, What is Unit Premium Reserve ? Units start off as Rs. 10 of “face value”. If it goes up to Rs. 12, and a new person buys, then Rs. 10 goes to the unit itself, and the Rs. 2 is a “premium”. The Rs. 2 per unit goes into the premium reserve. So why is shady to give dividends from it? Because it amounts to paying off one unitholder by getting money from another unitholder. Let me explain. Assume there are just 1000 units in a mutual fund at Rs. 25 each, for an AUM of Rs. 25,000. Let us say it only sold units at Rs. 10, so there is no unit premium reserve. So the “distributable surplus” is actually Rs. 15,000 (The Rs. 25,000 minus the Rs. 10,000 of the face value of the 1,000 units) Let us say that the fund declares Rs. 12 (or “120%”) as dividend. Now another person comes in before the dividend date , and buys another 1,000 units at Rs. 25. We have: Total AUM : Rs. 50,000 (original 25K plus new 25K) Unit Capital : Rs. 20,000 (It’s a face value of Rs. 10 per unit for 2,000 units) Unit Premium Reserve : Rs. 15,000 (this is the new person’s 25K minus his unit capital of 10K for 1000 units; or, the Rs. 15 premium per unit) Distributable Surplus : Rs. 15,000 (A surplus doesn’t change when new units are only bought). Now there are 2,000 units and the dividend is Rs. 12 per unit. So Rs. 24,000 needs to be paid out as dividend, half of it to the original investors, and half of it to the new investor. But there is only Rs. 15,000 as distributable surplus! So the fund will have to dip into the “unit premium reserve” to pay the remaining 9,000. At some point this is stupid, because you are using the new investor’s money to pay him dividend right back. And since people are attracted to dividends, they’ll pile on without realizing this. How is this different from stocks? In Stocks, companies don’t issue fresh stock. If you buy, you buy from someone else, the total number of shares outstanding doesn’t change. (Yes, you might argue that the company can do an IPO in between. In any case, companies can’t pay dividend from premium reserves, so the point is moot) But SEBI decided to ban the practice precisely because it was being used by small funds to shore up AUM. ( Full Circular ) What? Give me an example. Take Birla Sun Life Tax Relief 96. It’s a tax saving fund, and your money is locked in for three years, while you get a tax benefit (upto Rs. 100,000). In November 2006, the fund had just Rs. 59 cr. in assets, and the NAV was Rs. 194. They decided to informally tell distributors to attract customers saying they would pay out Rs. 100 (or 1000%) as dividend over the next four months. (Read: Birla Sun Life Tax Relief 96 – beware of dividend pushers! ) Think about it, even if they had the full Rs. 184 (the NAV of 194 minus Rs. 10 face value) as “Distributable surplus”, that would make about 57 crores of distributable surplus . Note that figure, we’ll need it later. They announced one dividend in December 2006, of Rs. 25 per unit, and then another in January 2007 at Rs. 26 per unit. And then on March 16, 2007, they announced another Rs. 50 per unit . They would give out a total of Rs. 101 out of the original NAV of Rs. 194. More than 50%. Note: for each dividend, the NAV will fall by the same amount. ( See this video ) So in December you’d see the NAV fall by Rs. 25, in Jan by another Rs. 26 and so on; in end March it would end up being less than 100. By this time, because of salivating distributors (remember, this was before entry loads were banned) the fund AUM had increased to 300 crores!) As you can see, the AUM in December 06 went up to nearly 200 crores, which expanded to 300 crores by March 07. Take just March 2007: They paid out Rs. 50 per unit (which was about 1/3rd the then NAV of around 140 per unit) Since they paid out 1/3rd of their corpus, they paid out Rs. 100 crores in March 2007 alone. In December they would have paid around 10 crore, and in Jan 07, around 30 crores. That adds up to Rs. 140 crores (and I think I’m underestimating the payout) of dividend paid out. But they started with a distributable surplus of just Rs. 57 crores! (see earlier) What they did was to take the fresh money coming in and give it back to investors. But why? This is a great way for an ELSS scheme to work, because you put in the money for the tax benefit. But it’s all locked in for three years! To avoid that, the fund pays out money as dividend, and voila, you get the tax benefit for the whole amount, and lock in only a part of it. (See: Dividends in ELSS funds have an advantage ) Oh okay. So a fund can’t distribute its surplus as premium? Not anymore. Since SEBI has said it can’t. What it actually generates as a surplus, it can distribute. That means it has to invest and make a profit to distribute. Which makes sense. What about the other questions? Ah, yes. Did investors somewhat irrationally chase dividends before the rule change? Yes, and they continue to do so in regular equity funds. Not that we can make out much now, but I still hear of distributors pushing clients to put in money ahead of a dividend. In tax saving funds, though, there was a rationale – that it gave them a tax saving alternative without locking in money. Did investors use it for dividend stripping? Dividend stripping is not tax efficient – the tax department does not allow it anymore. (The loss on selling after the NAV falls is not considered if it’s bought and sold within three months of the dividend) Has the popularity of Dividend Paying Funds declined? I don’t know. In general dividends are more attractive for shorter term debt funds for their tax advantage. In equity funds, the dividend option is used as an automatic profit booking mechanism. I haven’t checked to see if the dividend option has seen lesser interest. Hope that helps! This post is written by Deepak Shenoy , at Capital Mind .

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Sokol is not So Cool

by Paul Joseph March 31, 2011 Featured

David Sokol, (now former) executive at Warren Buffett’s Berkshire Hathaway, recently disclosed that he bought 2,300 shares of Lubrizol on December 13, the day he told Citi to arrange a meetting between Lubrizol and Berkshire for a potential acquisition. Supposedly the first overture was rejected by Buffett. By Jan 7, Sokol had bought 96,400 shares of Lubrizol. Soon after, Berkshire bought Lubrizol, and David S. made off with $3 million as per today’s valuation. Sokol, supposedly, “is a rich man already” and is therefore, just stupid. Which, after Rajat Gupta and Raj Rajarathnam and Ramalinga Raju, A Raja and so on, is hardly surprising. Clinically, I mean. When you’re rich, your brain has this glaze of “I’m successful so I’m right” which impairs the functionality of the “What the fuck is wrong with you?” part of your cerebrum. Every once in a while the impairment is so severe that even after the drama these very people defend their actions as if there was nothing wrong in the first place. After Goldman Sachs, Citigroup, the entire US political system, Greece, Portugal, Ireland and everyone else, the idea is to vehemently deny any wrongdoing first. Regardless of how much of a turd it makes you look like. Sokol has, in line with the above affliction, denied allegations of “front running” – or, buying shares before a large transaction takes place, where you can influence that transaction. Long time readers will remember that SEBI in India banned HDFC Mutual Fund AVP Nilesh Kapadia for such front-running, but Sokol seems to be getting away okay. On the defense that he didn’t know Buffett would buy. Or, that he didn’t have the ability to influence Buffett on the purchase. Buffett has also endorsed Sokol’s view that he didn’t do anything illegal. But Buffett is known for talking his book , so that’s no big deal either. Since Sokol had admitted to Buffett earlier that he owned the shares, and Buffett didn’t protest, any rants against Sokol would be counterproductive. Now I often own shares before I write about them in this blog. I mention that as a disclosure. I don’t need to, you know. We don’t have rules that require me to. I could be technically legally correct in not telling you I own shares, or even lying that I DON’T own the shares. I could be a sleazeball of that magnitude and be absolutely, completely, legally fine. But it stinks, no? The point is – while legal, it was a sticky wicket to be on, in terms of perception . Yes, I will get the standard ten people who stand up for Buffett and say boss do you know he donates all of his wealth, even though the place he donates to, Gates foundation, gives just 5% of the wealth it owns while investing the rest in companies that constantly kills the very people they’re trying to save . Or that he’s right because he’s Buffett and I’m not. But then, one acquires a certain thick hide when writing anyway. Berkshire shares have fallen since , but I doubt that’ll stick. Barry Ritholtz has a different take – he suggests that Sokol was okay until BRK decided to buy Lubrizol – post that, he should have transferred them to BRK. (Photo credit: mikebaudio at flickr ) This post is written by Deepak Shenoy , at Capital Mind .

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