Hindenburg row: Sebi, chief Buch rebut fresh allegations in Adani matter

Hindenburg row: Sebi, chief Buch rebut fresh allegations in Adani matter


SEBI Chairperson Madhabi Puri Buch (Photo: PTI)


The Securities and Exchange Board of India (Sebi) and its chairperson, Madhabi Puri Buch, on Sunday rebutted fresh allegations made by New York-headquartered Hindenburg Research in the Adani matter.


In a new report on Saturday, Hindenburg questioned the delay in the Adani probe and Sebi’s objectivity in the matter, alleging Buch and her husband, Dhaval, were conflicted parties because they had invested in a fund that was allegedly used to inflate stock prices of the Adani group.


Besides raising eyebrows over the use of a foreign fund structure, the US short-seller also accused the Indian securities regulator of promoting real estate investment trusts (REIT) due to Dhaval Buch’s association with private equity major Blackstone, a large investor in the domestic realty space.


Both Sebi and the Buchs issued separate statements rebutting all the allegations, terming them baseless and an attempt at character assassination.


The Buchs found support from legal experts and market participants such as Amfi, the mutual fund industry body, which backed her credibility and questioned the US short-seller’s intent. However, the Sebi chairperson faced criticism from certain political parties, which called for a joint parliamentary committee to probe the allegations.


Citing whistleblower documents, Hindenburg had on Saturday issued a report on the couple’s investments in IPE Plus 1 Fund, a Mauritius-based segregated fund under the Global Dynamic Opportunities Fund (GDOF) managed by IIFL Wealth (now 360-One)


The Buchs and 360-One clarified the fund, accused of having links to the Adani group, had never invested in any Adani securities throughout its tenure. Further, the holdings of the Buchs were only 1.5 per cent of the fund’s corpus and they never had any say in the investment decisions.


The couple stated their investment, which dates back to a time when they were residing in Singapore, was because Chief Investment Officer Anil Ahuja was Dhaval’s childhood friend. They soon redeemed after Ahuja quit in 2018.


Responding to the allegations that Sebi was favouring REITs, the couple stated that Dhaval had no association with the real-estate side of Blackstone and was associated with private equity PE and other companies, given his expertise in supply-chain management.


Buch said Blackstone was on her “recusal list” and all disclosures and recusal had been diligently followed at Sebi.


The market watchdog in its statement said the regulatory decisions around REITs were not favourable to only one player and the decisions were taken after public consultation with board approval.


On the allegations that Sebi had not taken any action against the Adani group due to conflict of interest, the regulator stated that 23 out of 24 investigations in the Adani-Hindenburg matter were completed and one is close to completion. Sebi said enforcement proceedings were cumbersome, involving issuing show-cause notices, providing personal hearing, which then culminates in an order.


On June 26, Sebi had slapped show-cause notices (SCNs) on Hindenburg Research, its founder Nathan Anderson, hedge fund Kingdon Capital, and three others. In the notice, the regulator had alleged Hindenburg had made misleading disclosures as a scheme to make a profit of Rs 183 crore from short-selling to client Kingdon Capital, with which it had shared its report before making it public. Hindenburg and Kingdon had entered into a 25 per cent profit-sharing pact.


The domestic securities regulator had given 21 days to submit responses. “Hindenburg has been served a show cause notice for a variety of violations in India. It is unfortunate that instead of replying to the notice, they have chosen to attack the credibility of the Sebi and attempt character assassination of the chairperson,” the regulator said.


Sebi’s probe into the Adani-Hindenburg matter was initiated after the latter published a report on the group, alleging “fraud”, in January 2023.


The report had wiped out Rs 12 trillion of the Adani group firms’ market cap from Rs 19.2 trillion to below Rs 7 trillion. The group has now recouped all the losses and trades above the levels seen before the publication of the initial Hindenburg report in January 2023.


In a fresh statement, the Adani group called Hindenburg’s latest allegations mischievous and manipulative.


“We completely reject these allegations against the Adani Group which are a recycling of discredited claims that have been thoroughly investigated, proven to be baseless and already dismissed by the Supreme Court in January 2024,” the group said in an exchange filing.

First Published: Aug 11 2024 | 9:04 PM IST



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Hindenburg row: Sebi breaks silence, only 1 probe remaining on Adani Group

Hindenburg row: Sebi breaks silence, only 1 probe remaining on Adani Group


The Securities and Exchange Board of India (Sebi) on Sunday urged investors to exercise due diligence before reacting to reports such as Hindenburg Research. The market regulator added that only one investigation remains in the Adani Group matter, which is close to completion.


“The Supreme Court, in its order of January 3, 2024, noted that Sebi had completed twenty-two out of twenty-four investigations into the Adani Group. Subsequently, one more investigation was completed in March 2024, and one remaining investigation is close to completion,” said Sebi.


Coming to the defence of its chairperson, Madhabi Puri Buch, the market watchdog said that it has adequate internal controls.

“Sebi has adequate internal mechanisms for addressing issues relating to conflict of interest, which include a disclosure framework and provisions for recusal. It is noted that relevant disclosures required in terms of holdings of securities and their transfers have been made by the chairperson from time to time. The chairperson has also recused herself in matters involving potential conflicts of interest,” Sebi said in a statement issued on Sunday.

Also Read: Sebi’s Buch in Hindenburg’s firing line: How will markets react on Monday?


Regarding its show-cause notice issued to Hindenburg Research, Sebi pointed out that the matter is ongoing and is being dealt with “in accordance with established procedure and in compliance with the principles of natural justice.”


Sebi also called the allegations of favouritism towards Blackstone through regulations on REITs ‘inappropriate’.


“For the development of the Indian securities market, Sebi has at various times underscored the potential of REITs, SM REITs, InvITs, and Municipal Bonds among other asset classes for the democratisation of markets, financialisation of household savings, and for capital formation through the capital markets,” the statement noted.


“The claim that promoting REITs and SM REITs among various other asset classes by Sebi was only for benefiting one large multinational financial conglomerate is inappropriate,” it added.

First Published: Aug 11 2024 | 7:27 PM IST



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Buch issues fresh details, says Blackstone on her 'recusal list' with Sebi

Buch issues fresh details, says Blackstone on her 'recusal list' with Sebi


Chairperson of the Securities and Exchange Board of India (SEBI) Madhabi Puri Buchin Mumbai, Tuesday, April 2, 2024. (Photo: PTI)


Madhabi Puri Buch, chairperson of the Securities and Exchange Board of India (Sebi), on Sunday clarified that Blackstone was on the ‘recusal list’ maintained by the market regulator, which implies she was not involved in decisions impacting Blackstone.

In a fresh statement, Puri Buch and her husband Dhaval Buch provided additional details on their wealth, consultancy firms, associations, and investments in the alleged funds cited by Hindenburg Research.


They stated that the couple had “accrued their savings through their salaries, bonuses, and stock options” collected over their corporate careers spanning decades. While the Sebi chair has worked with financial services firms for over two decades, her husband was associated with Hindustan Unilever and parent Unilever for over 35 years.


“Insinuations that a handful of these matters related to the REIT industry were favours to any specific party are malicious and motivated,” said the couple in response to allegations of favouring Blackstone, a firm where Dhaval acts as an advisor.


They added that the regulatory decisions made by Sebi on REITs were approved by the board and not by the chairperson alone and followed the consultation process.


In their statement, they also clarified that Dhaval has never been associated with the real estate side of Blackstone and that his appointment at Blackstone Private Equity pre-dates Madhabi’s appointment as Sebi chairperson.


They added that their investments in the alleged funds were made as private citizens and almost two years before her appointment at Sebi.


“At no point in time did the fund invest in any bond, equity, or derivative of any Adani Group company,” they stated.


The decision to invest in the fund was made on the suggestion of their friend Anil Ahuja, who was the chief investment officer and an ex-employee of Citibank and JP Morgan.


The couple redeemed their investments in the fund when Ahuja left his position as the CIO of the fund, according to the statement.


Puri Buch also clarified that the two consulting companies set up by her during her stay in Singapore have been dormant since her appointment at Sebi and were part of her disclosures to the market regulator. Further, they were also disclosed to the tax authorities and Singapore authorities at the time of the change in shareholding to Dhaval.

First Published: Aug 11 2024 | 5:10 PM IST



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INDIA bloc demands JPC probe into Hindenburg allegations against Sebi chief

INDIA bloc demands JPC probe into Hindenburg allegations against Sebi chief


Jairam Ramesh said Sebi’s strange reluctance to investigate the Adani mega scam has been long noted. (File Photo)


Constituents of the opposition INDIA bloc on Sunday demanded a joint parliamentary committee (JPC) probe into the allegations of the US-based short-seller Hindenburg Research against Sebi Chairperson Madhabi Puri Buch and her husband Dhaval Buch.


In its latest report on Saturday, Hindenburg Research claimed that Madhabi and Dhaval had investments in the same offshore entity that was allegedly used to inflate Adani Group’s stock prices. 


Congress general secretary (communications) Jairam Ramesh, in a statement on his party’s behalf, said that Sebi’s “strange reluctance to investigate the Adani mega scam has been long noted”, including by the Supreme Court’s Expert Committee. The committee, he said, had noted that Sebi in 2018 diluted, and in 2019 entirely deleted the reporting requirements relating to the ultimate beneficial (i.e. actual) ownership of foreign funds.


“This had tied its hands to the extent that ‘the securities market regulator suspects wrongdoing, but also finds compliance with various stipulations in attendant regulations… It is this dichotomy that has led to Sebi drawing a blank worldwide’,” Ramesh said quoting the Expert Committee.


Under public pressure, after the Adani horse had bolted, Sebi’s board reintroduced stricter reporting rules on June 28, 2023. It told the Expert Committee on August 25, 2023, that it was investigating 13 suspicious transactions. Yet the investigations never bore fruit, the senior Congress leader added.


He said the Hindenburg Research’s revelations show that Madhabi and her husband invested in the same Bermuda and Mauritius-based offshore funds in which “Vinod Adani and his close associates Chang Chung-Ling and Nasser Ali Shahban Ahli invested funds earned from the over-invoicing of power equipment”.


“These funds are believed also to have been used to amass large stakes in Adani Group companies in violation of Sebi regulations. It is shocking that Buch would have a financial stake in these same funds,” Ramesh said.


“This raises fresh questions about Gautam Adani’s two 2022 meetings in quick succession with Buch shortly after she became Sebi chairperson. Recall that Sebi was supposedly investigating Adani transactions at the time,” Ramesh said, demanding that the government act immediately to eliminate all conflicts of interest in the Sebi’s investigation of Adani Group. “The fact is that the seeming complicity of the highest officials of the land can only be resolved by setting up a JPC to investigate the full scope of the Adani mega scam,” he said.


The opposition parties also accused the government of concluding the Budget session of Parliament a day in advance for fearing the backlash on the issue. The Budget session was scheduled to end on Monday but concluded on Friday.


“When Parliament does not run, who is the biggest beneficiary?” asked Trinamool Congress Rajya Sabha leader Derek O’Brien. The beneficiary is the government which is why Prime Minister Narendra Modi’s “shaky coalition” cut short the Parliament session yet again, he said, adding that the INDIA alliance parties would have held the government accountable on Monday.


Trinamool’s Lok Sabha member Mahua Moitra said Hindenburg Research’s report was proof of “crony capitalism at its finest”. In a post on X, she asked whether the Central Bureau of Investigation (CBI) and the Enforcement Directorate will lodge cases under the Prevention of Corruption Act and Prevention of Money Laundering Act.


“One simple point – chairperson who has invested in (and interacted personally with) very same funds that need investigating, is leading (the) organisation entrusted with (the) fiduciary responsibility of finding out other owners of the fund tells (the) Supreme Court and its six-member committee that it had ‘drawn a blank’ and was a ‘chicken and egg situation’ in its investigation into the ‘ownership’ of 13 entities. What greater conflict of interest and mockery of justice is there?” Moitra asked.


Priyanka Chaturvedi, Shiv Sena (UBT) Rajya Sabha Member of Parliament (MP), said the Hindenburg Research’s report showed the extent of support that the top BJP leadership had given to its favourite industrialist.


Even institutions like Sebi were diluted by appointing allegedly compromised people, she said. “The quid pro quo circle gets wider and the modus operandi more sinister,” she added.


Buch and her husband Dhaval have rejected the claims made in the report, terming them “baseless allegations and insinuations”. “The same are devoid of any truth. Our life and finances are an open book,” they said in a joint statement.




 

First Published: Aug 11 2024 | 3:17 PM IST



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Common practices to use FPI structures for India exposure, say experts

Common practices to use FPI structures for India exposure, say experts


Custodians said that investing in an offshore fund is being portrayed as having a “stake” in the fund to create headlines | (Photo: PTI)


Madhabi Puri Buch, chairperson of Sebi, is in the eye of the storm after Hindenburg Research revealed that she and her husband had invested in the same offshore fund linked to the Adani group controversy.


However, custodians and industry experts say it is common practice among overseas Indians to seek domestic exposure through such investment vehicles.


Puri Buch and her husband opened their accounts in the fund in 2015 when they were non-resident Indians (NRIs) based in Singapore. Her husband, Dhaval, is said to be a Singapore citizen.


“When they moved to Singapore, they might have been approached by a wealth manager to invest in this India-dedicated fund. Among the 3-4 options available, they might have simply opted for the IIFL Global Dynamic Opportunities Fund (GDOF). It is a case of bad timing or luck that the same fund is now under scrutiny for its investment in Adani group stocks,” said a custodian.


Custodians and designated depository participants (DDPs) facilitate foreign portfolio investor (FPI) transactions, including settlements, record-keeping, and account management.


Hindenburg has questioned Puri Buch’s decision to use an FPI structure instead of a “reputable” onshore mutual fund.


FPIs are also considered to be better regulated and more trustworthy, said industry players. NRIs can also invest in domestic mutual funds under Foreign Exchange Management Act (FEMA) compliance.


Custodians said that investing in an offshore fund is being portrayed as having a “stake” in the fund to create headlines.


“In reality, the managing shareholder or the general partner owns the structure. They pool investments and draw management fees, while participating shareholders or limited partnerships are mere investors without management or voting rights,” explained an official at a DDP.


He said Hindenburg’s claim that the Sebi chairperson and her husband had “stakes in both obscure offshore funds used in the Adani money siphoning scandal” is a reckless statement.


According to whistleblower documents revealed by Hindenburg, Puri Buch and her husband Dhaval first opened their account with GDOF’s Mauritius-registered segregated fund on June 5, 2015.


A declaration at the time of the investment showed their source of funds as “salary,” and the couple’s net worth was stated as $10 million.


In 2017, Dhaval sent a request to be “the sole person authorised to operate the account.”


Later, on February 25, 2018, she personally wrote to IIFL to redeem the units in the fund. At that time, the value of their investment was $872,762.

First Published: Aug 11 2024 | 3:16 PM IST



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Hindenburg row: Sebi breaks silence, only 1 probe remaining on Adani Group

Sebi-proposed F&O trading regulations to hit exchanges, brokers: Reports


Sebi stated that these measures are aimed at enhancing investor protection. (File Photo)


Stock exchanges and brokers, catering to retail traders, could be hit hard by the regulator Sebi’s proposed measures for Futures & Options (F&O) trading regulations, with market volumes slumping 30-40 per cent, according to reports.


If these measures are implemented, the number of investors could decrease, it added.


Moreover, discount brokers, who depend heavily on retail investors, are expected to be more affected than traditional full-service brokers.


Sebi, in its consultation paper in July, proposed seven measures, including increasing minimum contract size and upfront collection of option premiums, intra-day monitoring of position limits, rationalisation of strike prices, removal of calendar spread benefit on expiry day and increase in near contract expiry margin.


Sebi stated that these measures are aimed at enhancing investor protection and promote market stability in derivative markets.


According to a report by Jefferies, Sebi’s proposed measures to reduce the number of weekly option contracts from 18 to 6 could impact around 35 per cent of industry premiums. However, if trading shifts to the remaining contracts, the overall impact can be reduced to 20-25 per cent.


Among its 7 proposed measures, IIFL Securities see the highest impact from the withdrawal of weekly options (only 1 per exchange allowed) as index Options account for 98 per cent of the volumes.


IIFL Securities expects the National Stock Exchange (NSE) to be more affected than the BSE because 60 per cent of NSE’s revenue comes from options trading, compared to 40 per cent for BSE. It estimates that by the financial year 2026, NSE’s earnings could be reduced by 25-30 per cent while BSE’s earnings could drop by 15-18 per cent.


Jefferies also believes that removal of Bankex weekly contract can impact BSE’s earnings per share (EPS) by 7-9 per cent over FY25-27.


It further said that BSE might see a small decline in earnings, but if trading activity shifts from discontinued products, it could offset the impact or even lead to earnings growth.


“We don’t see any impact on MCX from these regulations. Within the value chain, discount brokers are likely to be more impacted than traditional full service brokers given former’s dependence on retail investors,” IIFL Securities said.


Jefferies believes that clearing members like Nuvama, which caters to institutional players High-Frequency Traders (HFTs) and Foreign Portfolio Investors (FPIs) are less impacted.


Rationalizing weekly options to only one benchmark index per exchange will significantly affect the NSE because it currently has four weekly index expiries, with “Bank Nifty” being the most important, contributing to 50 per cent of its options volume. The change could reduce NSE’s overall trading volumes by 30-35 per cent, IIFL Securities said. On the other hand, BSE is expected to be less affected since it only has two contracts, with Sensex making up 85 per cent of its volumes in FY24.


Even if “Bankex” contributes 30 per cent by FY26, the impact on BSE’s volumes is expected to be smaller compared to NSE, it said.


Additionally, with just two expiries, BSE might actually gain market share and experience higher trading volumes, resulting in an estimated 20 per cent reduction in its overall volumes, it added.


Jefferies said that Sebi’s proposed measure of increasing lot sizes by 3-4 times over six months could lead to higher costs for retail traders, potentially reducing their participation in the market.


The proposed margin increase for options sellers close to expiry could reduce leverage and profitability, especially for retail traders with limited funds. “Finally other measures like increasing ELM (extreme loss margin) around expiry, withdrawal of calendar spread margin on expiry will increase the margin requirements and thereby could impact the liquidity. Based on our initial estimates we expect a 30-40 per cent impact on market volume,” IIFL Securities said.


Sebi Chief Madhabi Puri Buch recently mentioned that households are losing up to Rs 60,000 crore a year in the problematic futures and options segment.


Earlier, Sebi research showed retail traders lose money in nine out of 10 trades in the F&O segment Last month, the government in the Union Budget raised the securities transaction tax (STT) on both futures and options trade from October 1 to allay concerns about hyperactive interest in the derivative segment.


Before that, the Economic Survey flagged concerns over rising retail investors’ interest in derivative trading. The survey stated that speculative trade has no place in a developing country.


It also pointed out that the sharp increase in retail investor participation in F&O trading is likely driven by humans’ gambling instincts.

First Published: Aug 11 2024 | 3:05 PM IST



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