Author: Bharat Goswami, NMIMS Mumbai
On 1st August, an army
of brokers thronged the NSEL office in Mumbai, demanding commodity bourse pay
up. The exchange could not meet its payout commitment after it suspended
trading on several contracts that were disapproved by the Govt. Trading
positions worth Rs. 5,500cr are pending on NSEL i.e. National Spot Exchange
Limited, which have halted trading for fortnight.
Let’s see how NSEL managed to get
into this mess
In simple terms NSEL
mechanism was used by farmers/any party to take loans keeping items such as
castor seeds, cotton, etc as security as these items are considered safe and
loan amount used to be around 60-70 % of the market value of those items. Consider
a situation where a farmer wants a loan, enters into an agreement with a trader
who is an intermediary between investor and farmer. In consideration of the
loan the farmer deposits his seeds (or any registered item) on T day at the
warehouse and receives the loan on (T+3) day. Now, the farmer has to pay back this
amount on (T+36) day (mostly) and can take back his security. In practice, the
farmers used to involve in a rollover transaction where in they did not used to
pay back the whole amount on T+36 day but only give some payment (mostly interest
with the principal due to be paid on a later date) to the exchange which was
then passed on to the investor. So, in a way it became a regular source of
income for investors. Traders used to lure their clients by promising them
13-15% fixed return through such transactions.
But a few days ago, the
Govt. issued a directive to NSEL to
cancel these forward contracts as they should not be more than 11 days. So,
NSEL cancelled those long term contracts and issued 11 day contracts. So,
ideally, after the 11th day investors
should have received their payments but the farmers did not have the money as
they had got into a habit of paying interest after 38 days. Also, hearing the
news of issue of new contracts most of the investors did not want rollovers and
wanted their entire money back. But farmers were not ready to pay back the
entire sum and there was liquidity crunch at the exchange. This resulted in
payout demand exceeding the money that they used to get from investors via
rollover transactions. This led to a cash crunch and NSEL had to suspend its
working for 15 days. Although the NSEL management has said that it has enough warehouse
commodities or cash to cover the counter party risk the market does not believe
so and it led to stock of its promoter company Financial technologies
plummeting by 65% and 40% respectively in last 2 days.
Where does NSEL stand post this fiasco? NSEL MD and CEO, Anjani Sinha has told the media that they
have physical stock of goods at their warehouses which were kept as a security
from the borrower which is estimated to have a worth of around Rs. 6200cr. He
also claimed that NSEL has Settlement Guarantee Fund which is set up mainly to
insure timely payment to seller members on execution of trade. The Components
of Settlement Guarantee Fund (popularly known as SGF) comprises of initial and additional contribution by members.
Initial contribution refers to member providing a minimum security deposit.
Additional contribution refers to providing additional securities mostly to open an account or in case if
transaction is greater than 1cr. SGF is maintained in form of either cash,
fixed deposit receipts or bank guarantees. But the reality is that NSEL which had SGF of Rs 800 cr has now
been reduced to Rs. 60 Cr post settling the liabilities for month of March. Now
to settle liabilities of Rs 5500 Cr against cushion of Rs 60 Cr will be a
herculean task for the bourse
What is the possible way out of this mess? On 5th
August, NSEL officials met 21 entities (borrowers) and 2 options were
considered. Under the first option, 8 members who have
outstanding payments of Rs. 2,181cr agreed to pay the dues as per due date or
even earlier (i.e. last date being 29th July since the longest
contract of (T+36) days was issued).
13 members who have outstanding dues of Rs. 3,107cr agreed to pay 5% of the
total dues every week. And there are 3 other borrowers with outstanding dues of
311cr with whom negotiations are still going on. It was decided that borrowers who cannot meet the normal payment
schedule have agreed to pay 16% interest. NSEL said it would take 5 months to
settle the total amount. Under the second
option, NSEL said that it is in possession of postdated cheques
(PDCs) from various processors aggregating to Rs 4,900cr and thus proposed to use
these PDCs for settlement. However, since it is thought that a settlement
backed by PDCs may not be as smooth as under Option 1, market participants are
not willing to accept this option.So, it has been decided that option 1 will be
used to settle the pending obligations. So, Rs. 2,181cr i.e. 39% of
the money will be paid to the investors by the end of the 1st week of
September. And the rest about 5% per week till 20 weeks. Interest of 16% will
be charged after the due date. To prevent itself from such a situation in
future, NSEL has said that it will resume operations only after commodity
regulator FMC (Forward Markets Commission) issues guidelines for the spot
exchanges.