Wednesday, October 29, 2014

On Paris

Paris is to me a wonderful city,
The ballerinas there are very pretty;

The major sites are "musee du louvre" and the Eiffel Tower,
The greenery is also a pleasure to watch and devour;

It is the apple of ever fashionistas eye,
The clothes are so beautiful, I want to cry;

I love the streets of Paris and the accent,
OMG! would be the reaction when seeing how much I have spent;

When I grow older, I would go to Paris first,
Visiting the Eiffel Tower at night would quench my thirst


© Samruddhhi Kotecha

Thursday, October 16, 2014

SEBI in India – It is right to be wrong


Thomas Hobbes' theory of justice depends on certain observations on human nature – doubting our ability to come to some agreement about what is just.  I agree.  Indians must give up the search for the Summum Bonum – Cicero’s concept of the highest political good or perfect justice.

An Indian company, DLF Ltd, was found guilty on Oct 13 2014, of not disclosing complete information in its Initial Public Offering (IPO) of 2007. Great. It takes Securities and Exchange Board of India (SEBI) seven years to figure this.  Let us now look at the punishment meted out to the company – The Company and some of the key staff are barred from accessing capital markets for three years.

In other words, a person walks down to the bank and fraudulently withdraws money from an account.  The punishment for this person is that he must not enter a bank for three years!  Is this not great?  I mean wow!  What a relief!!

The stock lost 30% the next day.  Essentially SEBI punished the investors and not the company.  What kind of a twisted justice is this?

The above incident clearly shows the lacuna in the concept of justice in India.  Organizations and institutions are more happy to be seen to be delivering justice THAN ACTUALLY DELIVERING JUSTICE.

The Law commission is currently in the process of repealing some 300+ antique laws in India.  Come On!  Is this the best that one can do with his / her time? There is no dearth of laws in India - what we need is modern laws and their implementation. Let us say all these 350+ laws are repealed – will it make an iota of difference in our lives?  The average citizen becomes aware of these laws only when the media reports that they will be repealed!

In the concept of Justice as a natural law, Justice is similar to the laws of physics - Newton's law of Motion requires that for every action, there must be an equal and opposite reaction.  Well justice too requires that defaulting individuals / groups to get what they actually deserve.

Theories of retributive justice are concerned with punishment for wrongdoing, and need to answer three questions:

Why should we punish?
Punishment is the infliction of an unpleasant but appropriate penalty upon an individual or a group by law enforcement agencies in response to behavior that an authority found to be in violation of existing laws.

Who should be punished?
The answer here is clear – we punish the company, the lead managers, and all those associated with concealing the material information

What punishment should they receive?
Ah! Here lies the rub!  The answer here lies in the concept of restorative justice.  Restorative justice focuses on the needs of victims and offenders, instead of satisfying the law.  Offenders are forced to take responsibility for their actions and this type of justice shows the highest rate of victim satisfaction.  This concept was eulogized in the 1972 Indian Film “Dushman”

Lady Justice depicts justice as equipped with three symbols: a sword symbolizing the court's coercive power; a human scale weighing competing claims in each hand; and a blindfold indicating impartiality.  Well, the coercive power it is, but the poisoned blade found its way to the wrong person - the investors.

Talking of poisoned blades reminds me of Hamlet and Shakespeare. “This above all: to thine own self be true.”   I wish India wakes up.  Is this what our freedom fighters dreamt of – A hypocritical India?

But, there are no fighters here now, are they? Do you know why?

“Conscience doth make cowards of us all.”


© Nitesh Kotecha

Sunday, May 18, 2014

Because You Were There

Time passes, the world changes

I'm still the same old kid
And your jokes still bring me laughter
As if you still were here


And it hurts when I smile

'Cause my heart still remembers
When you were around


'Cause you were there
When no one was

Just when I thought nobody cared
You showed me love


'Cause you were my friend
You always told me

And I am still here
Because you were there


So precious, small treasures

A time when truth was innocent
True friendship was all we were after
A place where kids could still be kids


And it hurts but I'm glad

'Cause at least I was blessed
To have you as my friend


'Cause you were there

When no one was
Just when I thought nobody cared
You showed me love


'Cause you were my friend

You always told me
And I am still here
Because you were there


You're my best friend, yes, there are no accidents

God has a plan for everyone
And He brought you in my life
To show me what a good friendship was


'Cause you were there

When no one was
Just when I thought nobody cared
You showed me love


'Cause you were my friend

You always told me
And I am still here
Because you were there


You were there

You were there
You were there


Because you were there

Because you were there
Because you were there





Songwriters

EDMONDS, KENNETH

Published by
Lyrics © Sony/ATV Music Publishing LLC




Wednesday, May 14, 2014

Proposing A New Tax Break

This is a wild thought.  The new government and the new finance minister can propose a higher income slab (or lower tax rates) for couples that have a cross-cultural marriage.  This marriage can be across states, religion, whatever.

Why?

One, Indians are doing / can do anything for money (he he).  I am sure a higher tax slab will work as a bribe (sic) for Indians to survive such marriages. 

The additional tax savings will coerce their respective families to be more tolerant of such a wedlock.  Basically, such a tax break can be used to promote any social change that is desirable in the country.


© Nitesh Kotecha

Saturday, May 10, 2014

Indian Education Goes to Hell... In a Lamborghini

I received a letter from my child’s school stating that the fees will scale up very high this year as the Right To Education (RTE) is now in force. Why? Well, read on...

The Government of India (GOI) enacted a law called “Right to Education”.  This law forces all schools, public and private, to enrol children from economically deprived backgrounds to the school.  The school must provide free education to these children.  This Honorable Supreme Court of India (HSCI) has upheld the constitutional validity of this law.

What a tragedy.

India’s most annoying finance minister, Mr P Chidambaram, introduced an education tax in 2004.  Then he introduced a Higher Secondary education tax in the next year or so.  This tax was collected so that the government to could spend money on education.  The nation had to pay it as a tax.  The GOI then drowned billions of rupees in a badly managed scheme called the Sarva Siksha Abhiyan (SSA).

Then, our finance minister lost all fiscal discipline and set off a loan waiver scheme that destroyed India’s finances. Then, the GOI decided to enlist itself in the Guinness Book of World Records for enacting the most insane law on Planet Earth – Retrospective taxation enacted in 2012 but with effect from 1947.  The Indian Rupee crashed as foreign investment dried out. Then, the UPA realized that they have done to this country what Hitler did to Poland and soon decided that they will need to pursue mindless social policies in order to be in government and be somewhat relevant in the 2014 elections.

Then, they brought in the Right to Education.  Here are the problems:

The GOI has been collecting and education tax for 10 years for the purposes of Education.  The GOI has achieved pittance in comparison to the funds they have collected.  Why should private schools pay for what is clearly a failure on the part of GOI?  Is this incident not just another tax on the people of India?  I mean, the people have already paid an education tax.

The RTE is primarily the responsibility of the schools in India.  Neither the GOI nor the HSCI have enacted any rules that will prevent the Schools from passing on the buck to the other 75% of the students.  Is this fair?  Is this right?  Is this moral?  Well it is not – but it is legal, unfortunately.

Indian education will suffer.  No doubt.  It is tempting to believe that the UPA government created this entire mess.  It is so to an extent.  However, the opposition, which will soon come to further govern and ruin this country, has allowed this to happen as anything to the contrary would have compromised its vote bank.

Indians must work harder and save more money.  Then... send your children abroad for a good quality education. Then let them stay here and have their offspring in that country.  This is the only way out of this maze.


© Nitesh Kotecha

Monday, April 21, 2014

Like Waves Against The Sand

Let me tell you
Some truths of life,
Joy is not for the few
And nor is misery rife,
Its really sad
But bliss comes and goes
Like waves against the sand

In our youth
We begin to court,
And we swear
Never to break heart,
Its really sad
But love comes and goes
Like waves against the sand

We have friends
And we have relatives,
Some help till our end
While others give us the peeve,
Its really sad
But folks come and go
Like waves against the sand

Parents aid their dear
And support their kin,
Some lend their ear 
Others throw caution to the wind,
Its really sad
But time comes and goes
Like waves against the sand

This list can go on and on
We cannot sit idle and pray,
A simple moral must follow on
So listen to what I have to say

Your brain is your weapon
Listen to me, girls and boys
Its edge you must always sharpen
Without it you have no other choice

You should be glad
Wisdom never comes and goes
Like waves against the sand

© Nitesh Kotecha

Thursday, March 27, 2014

Indian Cricket And The Usual Suspects

The Honorable Supreme Court of India (HSCI) is finally monitoring this game and all the people associated with it.   As of today, the Chairman of the Board of Cricket Control in India (BCCI) has been asked to step down until all inquiries and investigation are done and Cricket is cleaned up.

Really?

The HSCI will do a good job of injecting a dose of antibiotics in this sport.  However, I have my doubts about the implementation of the HSCI directives and order.  Here is why.

Indian Cricket has its administrators from the corporate world and from the political world.  Indian politicians would kill in order to get some post or the other in the BCCI.  How come Indian Politicians are not making any attempts to join an organization, say for example CRY (Child Relief and You)?  For one, there is no money there that can be eaten up.  Two, one had to really work hard in an organization like that.  Third, CRY is not the richest NGO in the world.  The BCCI is the richest cricketing body in the world.  Here we have Indian politicians who come to parliament only to howl like peyotes and do a terrible job of running the country – but they still find time to manage cricket and show world-class entertainment to the world.  Can you imagine a politician ever leaving his grasp on cricket?

It must be understood that managing in the BCCI is not about managing cricket but about controlling the resources of the cricketing body.  A BCCI executive can influence where the body will deposit its fixed deposits and thus do the bank a favour.  The bank in return will grant lenient terms and conditions to all finance that BCCI executive may need for his corporate enterprises.  Worse, the bank may become lenient in charging interest and penalties for the executive’s to-be-bankrupt company.  A major portion of BCCI funds go into building stadiums and acquiring land and giving contracts for work.  I leave it to your imagination about how much of these funds go into over-invoicing the expenditures related to such activities.  While you are at it, imagine the kickbacks too, if you would.  Is it possible for a corporate executive to ignore such a position?  Are there purple donkeys in India?

Imagine your ability to ruin a person’s career. Imagine the power you would have if you could just finish off a cricketer’s career based on some silly “team selection committee” recommendations.  Imagine your power to summon an actor or a model and demand favours in return for appointing him/her as some brand ambassador etc.  This is the kind of power that comes with holding a position in such an organization.  This is where the dirt is and all the pigs would love it.

How about the perks of being in the BCCI? Do you get to stay at expensive hotels?  You bet.  Do you get access to world-class cuisine?  Of course.  Do you get to throw junkets? Oh yeah!  Can anybody stop you? No Sir!

Cricket can never be cleaned.  This is not a negative statement but rather an honest one.  It is just too bloody lucrative!  The matches are all mostly fixed.  Forget all about how well your favourite cricketer plays.  The fixing racket is a perfect example of globalization.

Rumour has it the India’s top lawyers are burning the midnight oil in their attempt to present something that will hopefully get the HSCI to pass a soft order.  This will be in the form of some obfuscating promises that will be riddled with qualifying adjectives and holy ideology.

Prayer - I hope the HSCI gives the BCCI a strong laxative and a memorable enema.  We have to get all that sh** out.

Politics is the last refuge of the scoundrel.  Is the BCCI the first ?

© Nitesh Kotecha

Disclaimer:  By the grace of God, I have successfully avoided watching cricket since 1987.  Well, maybe a few times I had to watch it at a restaurant over dinner or at a friend’s house.  Imagine the hours I have saved in my life by staying away from cricket (while you imagine and total all those hours, deduct one hour that it took me to write this blog on cricket).  By the way, this is my 100th post on my blog....Thankfully, a non-cricketing century!!



Monday, January 27, 2014

Your Broker As A Cheat (Part 14): The Power Grid FPO



December 2013 was a benign month for all those who subscribed to the FPO of Power Grid Corporation Limited.  There are many reasons this FPO promised to give great returns to retail investors.  Here are some:

The Government had a program for disinvestment and a successful FPO would ensure that retail investors participate in the disinvestment process.  Power Grid was the first FPO here and its success had to be managed.

Grapevine had it that the Government had planned for FIIs (Foreign Institutional Investors) to buy most of the shares that the retail investors would offload.  The target price was managed at Rs 100/- - something that was achieved at around 1:30pm on the day of listing.

Given the above conditions that prevailed before and during the FPO process, brokers here in Jamnagar had a strategy to cheat their clients.  Here is how:

The first step was to downplay the stock as the stock has underperformed the market for five straight years.  The clients were asked to fill up their subscriptions and sell their subscriptions in the grey market for Rs 3000/- per application.  The application value is Rs 200000/- and a return of Rs 3000/- on such an amount in 15 days would give a 3% return per month and an annualized return of 36%.  Many here were comfortable with such a return.

The next stage was to offer Rs 4000/- for such applications.  All the people who sold off their subscriptions at Rs 3000/- felt silly.  Brokers now mentioned that such a change in the rate was normal and that one should not get too greedy in the markets (sic).

The third stage was to offer Rs 4500/- for such applications.  This amount quickly shot up to Rs 5000/- and Rs 5500/-. The marketing strategy adopted by the brokers here at this stage highlighted the fact  that there is nothing much in the stock and that the grey market is all wrong.  One should sell such applications as the buy rate  goes up.  Many people bought this idea and thought that they now have a good amount of fixed income against their application.

The fourth stage was a strategic move.  The buy rate for the applications was reduced to Rs 4600/-, and thereby causing a panic in the retail investor. What you have now is that some retail investors were feeling like fricking idiots for not being wise enough to sell their application in the grey market at the earlier rates. These people then rushed out to sell their applications at this rate of Rs 4600/-. Their broker would then convey to the client that it is with great difficulty that he/she was able to dispose of the application as the grey market has stopped buying the applications!  What you have here is a retail investor being grateful to his broker for the rape on his investment.

It could be a safe bet  to assume that most of the retail investors had now sold anywhere from 50% to 100% of their applications in the grey market.

The fifth stage was to increase the price of the application to Rs 6500/- per application. This set the bell ringing for many. There were few sellers at this stage. The price then went up to Rs 7000/- and Rs 7400.  There were many sellers here but by this time, the game was over. The broker community had cornered a majority of the applications from the market.

The stock listed at a great opening. All investors who sold their applications were now kicking themselves for doing so. The other retail investors earned anywhere from Rs 11/- to Rs 15/- per share. For an application of Rs 200000/- an investor made anywhere between Rs 11300/- (135% annualized) to Rs 15400/-. (185% annualized) per share application.  The grey market buyers earned similar amounts less the cost of purchase that ranged between Rs 3000/- to Rs 7400 per application.

Reasons

The primary reason investors sold their applications is the hangover from the Reliance Power IPO where retail investors lost money.  Brokers love quoting this incident to their clients in order to induce fear into them and to ensure that they can extract applications from them.

In many cases, the grey market is a myth. Brokers tell clients that the application is sold in the grey market when in fact it is the broker himself/herself who is buying these applications. The broker then asks the clients to pay the difference as he/she has to "pay the higher ups" when in fact the broker is laughing all the way to the bank and laughing at your sorry butt.

Managed markets. The stock market in India is managed. Most of it. Anyone who thinks otherwise lives in Cuckooland.  There is ample evidence for anyone who cares to observe. A little bit of primary investigation into the FPO would have revealed that the minimum return per application was assured  at Rs 9000/- as the government had to ensure the success of the FPO.

The Way Out

First, if you did sell your application to your broker, close your account with him/her. THIS IS THE FIRST STEP. Your mom asked you to stay away from bad people, did she not?

Second, if you did not sell your application but your broker was buying such applications, stay away from any advice your broker gives to you about the markets (unless you all are colluding!). He/She is nothing but a snake in a suit.  Come on!  Sit up and smell the coffee !!

Third, forget the hangover of the Reliance Power IPO.  It is over and so is its promoter. Use your own judgment based on your risk profile.

Use the grey market as a guide for future frauds your broker may inflict.

I visited just about every top broker in my town. I asked them for their advice as when in fact I was conducting my own investigation. ALL of them asked me / hinted me to sell the application in the grey markets.

I did not sell in the grey market. I discovered two things since then - one a pleasant unknown and the other a terrible known :

I soon had a handsome credit to my bank account from the sale proceeds. The is the pleasant unknown discovery.

Second - A broker can be a scumbag. No discovery here.  This is the terrible known

© Nitesh Kotecha