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FORUM VIEWS - AN INVESTOR EDUCATION & AWARENESS INITIATIVE OF THE BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) - BSE Brokers' Forum
BSE BROKERS' FORUM (BBF) | MUMBAI, INDIA   NOVEMBER 2018 | VOLUME: 7 • ISSUE NO. 8 • `15/-

     FORUM VIEWS

     OFFICIAL MASCOT LAUNCH

     AN INVESTOR
     EDUCATION &
     AWARENESS
     INITIATIVE OF THE
44
     BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF)
FORUM VIEWS - AN INVESTOR EDUCATION & AWARENESS INITIATIVE OF THE BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) - BSE Brokers' Forum
BOMBAY STOCK EXCHANGE BROKERS’
                  GOVERNING BOARD 201
                       FORUM (BBF) GOVERNING BOARD 2018 - 19
                                            EXECUTIVE COMMITTEE

         Uttam Bagri     Anurag Bansal        Purav Fozdar            Harin Mehta       Kamlesh D Shroff          Lalit Mundra
          Chairman       Vice-Chairman          Secretary             Jt. Secretary        Treasurer              Jt. Treasurer

                                      GOVERNING BOARD MEMBERS

            Anjana        Anup             Arpit             Ashok              Hemant                Hemant             Jay
          Vijay Shah      Gupta           Agarwal            Ajmera              Desai                Majethia        Toshniwal

        Jitendra Kumar    Ketan           Kishor             Kushal            Madhavi                Mahavir           Mehul
             Panda       Marwadi         Kansagra            A. Shah            Vora                  Lunawat           Patel

           Naresh          Nirav           Nithin             Parth             Rajiv            S. R. Sundara        Virender
            Rana          Gandhi          Kamath              Nyati            Choksey               Rajan           Mansukhani

                                                                              Dr. Aditya Srinivas
                                   Dr. Vispi Rusi Bhathena, PhD (h.c.)      Chief Operating Officer
                                   Chief Executive Officer                      & Chief Economist

2   3                                                                                                    FORUM VIEWS - NOVEMBER 2018
FORUM VIEWS - AN INVESTOR EDUCATION & AWARENESS INITIATIVE OF THE BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) - BSE Brokers' Forum
NOVEMBER   2018
                              NOVEMBER       CONT
                                       2018 CONTENTS                                                                                                                                                                                      ceo & coo message

05             CEO & COO DESK
                                                                                                                   30             ANALYSIS OF APEX COURT LANDMARK
                                                                                                                                  JUDGMENT [THE LAW] ON AADHAR ACT

06             BULLS & BEARS: SPECIAL COURTS
               UNDER SECURITIES LAWS                                                                               31             LATEST UPDATE ON PROVIDENT FUND
                                                                                                                                  ACT PRADHAN MANTRI ROJGAR                                                                                                                         Dr. Vispi Rusi
                                                                                                                                  PROTSAHAN YOJNA (PMRPY)                                                                                                                           Bhathena,
                                                                                                                                                                                                                                                                                    PhD (h.c.)

09             MOVING TOWARDS A MULTIPOLAR

                                                                                                                                                                                                                                      Welcome
               WORLD: AN OVERVIEW OF ITS                                                                                                                                                                                                                                                                  2018 it has already lost 14%. This would make our

                                                                                                                   32             OPPORTUNITIES FOR FOREIGN PORTFOLIO                                                                                                                                     Balance of Payment position weak as the crude oil
               FUNDAMENTAL IMPLICATIONS
                                                                                                                                  INVESTORS (FPI) AT GIFT IFSC                                                                                                                                            prices are going up. The crude has reached 85 $
                                                                                                                                                                                                                                                                                                          and it is not surprise that it would reach 100 $ per

11             GETTING TO KNOW
               THE S&P BSE 500
                                                                                                                                                                                                                                            to Forum Views magazine.
                                                                                                                                                                                                                                                                                                                                   barrel. This would widen
                                                                                                                                                                                                                                                                                                                                   our current account deficit

                                                                                                                   32             QUICK FIX OR
                                                                                                                                  PROLONGED PAIN?
                                                                                                                                                                                                                                            INDIAN STOCK MAREKT FACING HEAD WINDS:
                                                                                                                                                                                                                                            The Indian markets are on a roller coaster with the
                                                                                                                                                                                                                                            volatility rising like tidal wave. The Indian markets have
                                                                                                                                                                                                                                                                                                                                   which is currently
                                                                                                                                                                                                                                                                                                                                   stretched at 2.4%.

12            STANDARDIZING
              SOFTWARE PRODUCT                                                                                                                                                                                                              seen huge selling by the Foreign Institutional Investors.                            Rising Interest rates

                                                                                                                   35             SEMINARS & EVENTS CONDUCTED
                                                                                                                                  BY BBF FOR THE PROGRESS OF
                                                                                                                                  STAKEHOLDERS OF CAPITAL MARKETS:
                                                                                                                                                                                                                                            FII selling key reason: FII have sold shares worth Rs.
                                                                                                                                                                                                                                            12000 crores in October 2018 (Just 5 trading sessions)        Dr. Aditya Srinivas
                                                                                                                                                                                                                                                                                                                                 scenario: The interest rates
                                                                                                                                                                                                                                                                                                                                 are rising at the global level
                                                                                                                                                                                                                                                                                                                                 with the USA bond yields
14            ASIA-PACIFIC MARKETS
              MONTHLY HIGHLIGHTS
              AND INSIGHTS
                                                                                                                                  SEPTEMBER - OCTOBER 2018                                                                                  and totally Rs. 24000 crores from January to October
                                                                                                                                                                                                                                            2018. In September, they have sold shares worth Rs.
                                                                                                                                                                                                                                                                                                          more than 3%. This has lead to capital flight from all
                                                                                                                                                                                                                                                                                                          the emerging economies to the USA. The
                                                                                                                                                                                                                                            10,000 crores. FII's have sold Rs. 49000 crores of debt       hardening of interest rates will also create capital
                                                                                                                                                                                                                                            securities and hence the rupee has also crashed.              flight from equity markets to debt markets.

19            COMPLIANCE CALENDAR
              NOVEMBER 2018
                                                                                                                   36             PHILOSOPHY & SELF MANAGEMENT:
                                                                                                                                  DIWALI: LIGHT THE LAMP OF WISDOM                                                                          Trade War Fears:- The US-China trade war fears have
                                                                                                                                                                                                                                            caused the fall as the USA has put $ 200 billion of tariff
                                                                                                                                                                                                                                                                                                          On the BBF Front:
                                                                                                                                                                                                                                            barriers on Chinese USA contributes 23% in the world          BBF Representations:

20             REGULATORY
               PULSE
                                                                                                                   37             WELLNESS Q&A:
                                                                                                                                  WEIGHT LOSS
                                                                                                                                                                                                                                            GDP and China contributes 9.3% and hence when they
                                                                                                                                                                                                                                            are in logger heads, it may lead to the slowdown in the
                                                                                                                                                                                                                                            world markets. This is the another reason why the
                                                                                                                                                                                                                                                                                                           Date

                                                                                                                                                                                                                                                                                                           27-Sep
                                                                                                                                                                                                                                                                                                                      Topic                       Represented
                                                                                                                                                                                                                                                                                                                                                  To
                                                                                                                                                                                                                                                                                                                      Working Group on Collateral SEBI, NSE, BSE
                                                                                                                                                                                                                                            markets are in downtrend.                                                 (Comments of BBF and ANMI) NSDL, CDSL,
                                                                                                                                                                                                                                                                                                                                                  ICCL

22             CIRCULARS
                                                                                                                   38             HEALING INSTITUTE:
                                                                                                                                  AKASHIC RECORDS                                                                                             The Indian markets are on a
                                                                                                                                                                                                                                                                                                           21-Sep     Final Report of the Working
                                                                                                                                                                                                                                                                                                                      group on Collateral
                                                                                                                                                                                                                                                                                                                      (by BSE, NSE, CDSL, NSDL,
                                                                                                                                                                                                                                                                                                                                                  SEBI

                                                                                                                                                                                                                                             roller coaster with the volatility                                       ICCL, BBF, ANMI)

28             CEO 2.0 MANAGING BUSINESS
               THROUGH MINDFULNESS                                                                                 40             ENERGY COSMOS: HARNESSING ANGELS
                                                                                                                                  FOR INNER WELLNESS
                                                                                                                                                                                                                                                rising like tidal wave. The
                                                                                                                                                                                                                                             Indian markets have seen huge
                                                                                                                                                                                                                                                                                                          BBF - Investor Education and Awareness Programs:
                                                                                                                                                                                                                                                                                                             Date     Institutions
                                                                                                                                                                                                                                                                                                            6 Sep     MIT - World Peace University (Batch 1-2)
                                                                                                                                                                                                                                                   selling by the Foreign                                   7 Sep     Mahatma Night Degree College
                                                                                                                                                                                                                                                                                                           7-11 Sep   LalaLajpatRai College of Commerce
                                                                                                                                                                                                                                                  Institutional Investors.                                            and Economics
                BSE Brokers’ Forum Steering Committee                                                                 Printed, Published and Edited by Dr. Vispi Rusi Bhathena, PhD (h.c.)                                                                                                                11-14 Sep   MIT - World Peace University
                         Uttam Bagri (Chairman)                                                                         & Dr. V. ADITYA SRINIVAS on behalf of BSE BROKERS' FORUM,                                                                                                                         14-17 Sep   Swami Vivekanand College
                                                                                                                            printed at KSHITIJ PRINTERS, 49, Parsi Panchayat Road,                                                          IL&FS: The ILFS issue where the mutual funds had              17-18 Sep   MIT - World Peace University
                    Anurag Bansal (Vice - Chairman)                                                                                                                                                                                         exposure of Rs. 2500 crores to the debt papers of ILFS -      19-21 Sep   Swami Vivekanand College
                                                                                                                         Ashok Ind. Estate, 1st, Floor, Andheri (East) Mumbai - 400 069.
                        Purav Fozdar (Secretary)                                                                                and published from BSE BROKERS' FORUM, 808 A,                                                               this lead to panic selling and redemption by some             21-24 Sep   Dr. T.K. Tope Arts and Commerce Night Senior
                      Harin Mehta (Jt. Secretary)                                                                           P. J. TOWERS, DALAL STREET, FORT, MUMBAI - 400 001.                                                             mutual funds. This issue has created confidence crisis                    College (Batch 1-3)
                      Kamlesh D Shroff (Treasurer)                                                                                                                                                                                                                                                        25-26 Sep   Akbar Peerbhoy College Of Commerce
                                                                                                                                          Editor: Dr. V. ADITYA SRINIVAS                                                                    and lead to huge selling.
                                                                                                                                                                                                                                                                                                                      And Economics
                       Lalit Mundra (Jt. Treasurer)                                                                       Design by: Harshad Gajera | Photographer: Sanjeev Dubey                                                                                                                          26 Sep     Mahatma Night Junior & Degree College
                                                                                                                                                                                                                                            Rising Crude Oil Prices: Rising crude oil prices will                     of Arts & Commerce
Write to us:                                                                                                                                                                      Scan the                                                  increase the Current Account Deficit. The CAD has              27 Sep     Akbar Peerbhoy College Of Commerce And
                                                                                                                                                                                                                                            increased to 2.4% of GDP and this would make the                          Economics (Batch 1-2)
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                                                                                                                                                                                                                                            Balance of Payment weak. Indian imports 77% of the             27 Sep     Mahatma Night Junior & Degree College
Do send in your suggestions, feedback and comments via                                                                          us on:                                            to visit our                                                                                                                        of Arts & Commerce
                                                                                                                                                                                                                                            total crude oil requirement and thus rise in the crude oil
email to: contact@brokersforumofindia.com                                                                                                                                         website                                                                                                                  27 Sep     Kamladevi College of Arts and Commerce
                                                                                                                                                                                                                                            prices will make the oil pool deficit rise sharply.                       We Academy (Batch 1-2)
Visit us: www.brokersforumofindia.com                                                                                                                                                                                                                                                                      28 Sep
                                                                                                                                                                                                                                                                                                           28 Sep     MIT - World Peace University
Disclaimer: This magazine is meant for information purposes only and does not constitute any opinion or guidelines or recommendation on any course of action to be followed by the reader(s). It is not intended to be used                 Rupee has lost its value: FII's aggressive selling has lead     4 Oct     Anjuman-I-Islams Allana Institute of
as trading or investment advice by anybody and should not in any way be treated as a recommendation. The information contained in this magazine does not constitute or form part of and should not be construed as, any
offer for purchase or sale of any product or service. While the information in the magazine has been compiled from sources believed to be reliable and in good faith, readers may note that the contents thereof including                  to the rupee losing its value and it has breached 74                      Management Studies
text, graphics, links or other items are provided without warranties of any kind. BSE Brokers' Forum expressly disclaims any warranty as to the accuracy, correctness, reliability, timeliness, merchantability or fitness for                                                                                        (World Investor Week 2018)
any particular purpose, of this magazine. BSE Brokers' Forum shall also not be liable for any damage or loss of any kind, howsoever caused as a result (direct or indirect) of the use of the information or data contained in this         levels. This is the worst performance of rupee and in
magazine. Any alteration, transmission, photocopied distribution in part or in whole or reproduction of any form of this magazine or any part thereof without prior consent of BSE Brokers' Forum is prohibited.

4                                                                                                                                                                                 FORUM VIEWS - NOVEMBER 2018                         5                                                                                               FORUM VIEWS - NOVEMBER 2018
FORUM VIEWS - AN INVESTOR EDUCATION & AWARENESS INITIATIVE OF THE BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) - BSE Brokers' Forum
BULLS
                                                   Bulls&&
                                                         BEARS
                                                           Bears                                                                                                                         BULLS
                                                                                                                                                                                            Bulls&&
                                                                                                                                                                                                  BEARS
                                                                                                                                                                                                    Bears
                                                                                                                                       Establishment of Special Courts                                       3 LIX Additional City Civil and Sessions      State of
                                               SPECIAL COURTS UNDER                                                                    Accordingly, a need for special courts was felt to fast-track the
                                                                                                                                       process of bringing the guilty to the book. The legislative intent
                                                                                                                                                                                                               Judge, Bengaluru City                       Karnataka

                                               SECURITIES LAWS                                                                         behind the legislation, as evidenced from the parliamentary
                                                                                                                                                                                                             4 9th Additional Sessions Judge, Gwalior,
                                                                                                                                                                                                               Madhya Pradesh
                                                                                                                                                                                                                                                           State of
                                                                                                                                                                                                                                                           Madhya
                                                                                                                                       debates of the time, was to give teeth to SEBI to allow it to                                                       Pradesh
                                                                                                                                       overcome the problem of delays in prosecution. The Securities         5   Court of Sessions Judge and 2nd State of Punjab
                                                                                                                                       Laws (Amendment) Act, 2014inserted Sections 26A to 26E in
                                               By Sumit Agrawal                                                                                                                                                  Additional Sessions Judge, S.A.S Nagar
                                                                                                                                       the SEBI Act, for the establishment of Special Courts while           6   Court of Sessions Judge and 2nd Union Territory
                                               Regulatory Lawyer, Ex-Asstt. Legal Advisor, SEBI                                        also providing for the appellate structure. Identical provisions          Additional Sessions Judge, Chandigarh     of Chandigarh
                                                                                                                                       were also inserted in the Depositories Act, 1996 and the              7   Court of Special Judge, (Sati Niwaran), State of
                                                                   the Central Government (for Orders made before the 1999
                                                                                                                                       Securities Contract (Regulation) Act, 1956 in the form of                 Jaipur                                    Rajasthan
     A Special Court, to be                                        Amendment), thereby barring the jurisdiction of all other civil
                                                                                                                                       Sections 22C to 22G and 26A to 26E respectively.                      8   Special Court for Trial of Economic State of
                                                                   courts to entertain such appeals. However, this was not the
established or designated by the                                   appellate process for criminal trials.                                                                                                        Offences - cum - VIII Additional Telengana
                                                                                                                                       A Special Court, to be established or designated by the Central           Metropolitan Sessions Judge Court - cum
 Central Government to provide                                                                                                         Government to provide speedy trials of the offences under the             - XXII Additional Chief Judge, City Civil
                                                                   Civil and Criminal Action Scheme
  speedy trials of the offences                                    Under the SEBI Act, 1992, criminal action is envisaged under        SEBI Act, was to consist of a single judge who was to be                  Court, Hyderabad
                                                                                                                                       appointed by the Central Government with the concurrence of           9
   under the SEBI Act, was to                                      Section 24 and Section 11C (6). Sub-section (1) of 24 provides
                                                                                                                                       the Chief Justice of the relevant High Court. Only a person
                                                                                                                                                                                                                 Courts of Additional Special Judge, Anti- State of
                                                                                                                                                                                                                 Corruption at Jammu and Srinagar          Jammu &
                                                                   for a maximum prison sentence of 10 years for violation of any
 consist of a single judge who                                     provisions of the Act and regulations. Sub-section (2) of the       holding the office of a Sessions Judge or an Additional                                                             Kashmir
                                                                                                                                                                                                            10   Court of Principal District and Sessions State of
   was to be appointed by the                                      same section permits the prosecution of any person who does         Sessions Judge is qualified for appointment as judge of the
                                                                                                                                       Special Court.                                                            Judge, Ahmedabad (Rural) at Ahmedabad Gujarat
                                                                   not obey the orders of the Adjudicating Officer. Section 11 C
  Central Government with the                                      (6) provides for a maximum prison term of one year and fine in
concurrence of the Chief Justice                                   case of non-compliance with the investigating officer’s             The concerned High Court, within whose local limits of               Discerning the Jurisdiction
                                                                   directions to produce books or documents etc. or to appear          jurisdiction the Special Court lays, has the jurisdiction to         The repeated amendments to the provisions dealing with
   of the relevant High Court.                                     before him in connection with the investigation under process.      entertain appeals and revision petitions as envisaged under          criminal action instituted by the Regulator meant that there
                                                                                                                                       Chapters XXIX and XXX of the Code of Criminal Procedure,             remained ambiguities in litigator’s minds about the jurisdiction
Introduction                                                       Civil action under the SEBI Act can be initiated under Section      1973. It also specified that the prosecutor should have been         of the Courts. Further uncertainty ensued when the Delhi High
The Securities and Exchange Board of India (SEBI) (‘the            11, 11B and 12 (3). Section 11 contains wide-ranging                practicing as an advocate for seven years or should have held        Court and the Bombay High Court took divergent views with
Regulator’) was established by statute in 1992 with the            measures that can be adopted by SEBI to protect the interests       a post under the government for the same period which                regards to the effect of the 2002 amendment regarding the
objective of protecting the interests of investors in securities   of investors in securities and to promote the development of        required special knowledge of law. The amendment, by way of          changing the forum of trials vis-à-vis pending cases and those
and to promote the development of and regulate the securities      securities market and to regulate it. Section 11B provides SEBI     insertion of Section 26D, also made it clear that the provisions     where offences were allegedly committed prior to when the
market. As it became evident that the powers vested in the         with the power to issue directions whereas under Section            of Code of Criminal Procedure, 1973 were to apply to the             amendment came to be enforced.
Regulator under Section 12(3) [suspension or cancellation of       12(3), it can suspend or cancel the registration of the             proceedings before such Special Court.
licenses of registered entities], Section 11 [Powers and           intermediaries.                                                                                                                          Following from Panther Fincap and Management v SEBI (2006
Functions] and Section 24 [Criminal Action] of the SEBI Act,                                                                                                                                                SCC OnLine Del 1807),the Delhi High Court in Mahender Singh
                                                                                                                                       Special courts under the provisions have been designated
1992 were not sufficient, the legislature promulgated the          Cognisance of Offences by Courts                                                                                                         v High Court of Delhi & Anr. (2008 SCC OnLine Del 28)held that
                                                                                                                                       under the following notifications:
Securities Laws (Amendment) Act, 1995 to enable SEBI ‘to           Section 26 (1) allows a court to take cognisance of an offence                                                                           a complaint filed after the amendment, even though related to
                                                                                                                                       • 39th Sessions Court, City Civil Court, Greater Mumbai vide
function more effectively’.                                        if SEBI makes a complaint regarding the same. This section                                                                               an alleged offence of a period prior to the amendment will have
                                                                                                                                          notification no. S.O. 1060 (E) dated April 21, 2015               to be filed in the Court of Sessions. The Court, differentiating
                                                                   has been amended thrice since its inception. The first
                                                                                                                                       • Court No. 22, City Civil and Sessions Court, Mumbai vide           between revision and appeal, observed that there was no loss
The changes the amendment incorporated have come to                amendment enhanced SEBI’s independence by doing away
                                                                                                                                          notification no. S.O. 1618 (E) dated June 17, 2015                of a right for the litigant if the matter was tried by the Session
define the regulatory mechanism in the securities market as        with the requirement of the sanction of the Central
                                                                   Government for SEBI to complaint to the court for it to take        • 5th Special Court, Calcutta vide notification no. S.O. 1132        Court as revision only entailed the higher court with the power
we know it today. Chapter VIA, which dealt with Penalties and
                                                                   cognisance. The next amendment, in 2002 changed the forum              (E) dated April 28, 2015 read with notification no. S.O. 3050     to interfere but without vesting a corresponding right in the
Adjudication, provided for imposition of “monetary penalties
                                                                   of trial by making the offences under the Act triable by a forum       (E) dated June 22, 2018                                           litigant to maintain the same. On the other hand, the Bombay
also in addition to or other than penalties of suspension or
cancellation of certificate of registration which may not be       not inferior to the Court of Sessions. This was done keeping in     • Principal Judge, City Civil Court, Chennai vide notification       High Court in Videocon International &Ors. V SEBI & Ors (2008
appropriate in all cases of default”. The legislature thought it   line with the general provisions of the Code of Criminal               no. S.O. 1784 (E) dated June 01, 2015 read with                   SCC OnLine Bom 1281)held that cases filed prior to the 2002
wise to couple the increase in SEBI’s powers with an appellate     Procedure as the criminal penalties provided under Section 24          notification no. S.O. 3049 (E) dated June 22, 2018                amendment could not be transferred to the Court of Sessions.
mechanism for its orders. Therefore, under Chapter VIB, an         were increased. By the latest amendment to the provision            • Notification no. 3997 (E) dated August 16, 2018                    It even went on to hold that trial of cases filed after the said
appellate structure was established.                               came by the Securities Laws (Amendment) Act, 2014, Section             designated special courts in the following states:                amendment but for offences committed before 2002 would
                                                                   26(2) was completely omitted.                                                                                                            have to be heard by the Metropolitan Judge. It reasoned that
                                                                                                                                                Existing Court                           Jurisdiction as    the amendment to Section 26(2) had to be read in consonance
Under the scheme of securities laws, a violation can be dealt                                                                          Sr.                                                Special Court
with both civil and criminal consequences. Under Chapter VIA,      So, the ‘forum’ of trial under Section 26(2) was first changed to                                                                        with the amendment to Section 24, which enhanced the
                                                                                                                                           1 Court of IV Additional District Judge - cum State of           sentence. Therefore, the amendment to the provision was not
SEBI’s orders could now be challenged before the Securities        the Court of Session from the Metropolitan Magistrate (or the             - II Additional Metropolitan Sessions Andhra
Appellate Tribunal (SAT), and an appeal from SAT was to lie        Judicial Magistrate of the First Class) by the 2002                                                                                      merely procedural.
                                                                                                                                             Judge, VIshakapatnam                        Pradesh
with the Supreme Court. Section 20A, inserted by the same          amendment, then by the insertion of Section 26A and
                                                                                                                                           2 Court of Sessions Judge and 2nd State of                       The question before the Supreme Court in SEBI v Classic Credit
amendment, stated that orders passed by SEBI or AO                 omission of Section 26(2) vide the 2014 amendment, it was
                                                                                                                                             Additional Sessions Judge, Gurgaon          Haryana            (2017 SCC OnLine SC 961), therefore was how the ‘forum’ of
(Adjudicating Officer) could only be appealed before the SAT or    changed to the Special Court from the Court of Session.

6                                                                                                     FORUM VIEWS - NOVEMBER 2018      7                                                                                                        FORUM VIEWS - NOVEMBER 2018
FORUM VIEWS - AN INVESTOR EDUCATION & AWARENESS INITIATIVE OF THE BOMBAY STOCK EXCHANGE BROKERS' FORUM (BBF) - BSE Brokers' Forum
BULLS
                                                   Bulls&&
                                                         BEARS
                                                           Bears                                                                                                      INSIGHTS       - ECO
                                                                                                                                                                        INSIGHTS - ECONBUZZ
trial was to be impacted by the amendment- whether the              committed prior to it, could only be tried by the Special Court.
amendment would have no impact as the amended provisions                                                                                                 MOVING TOWARDS A MULTIPOLAR
had no express or implied retrospective effect, as alleged by
the private parties; or pending proceedings would have to be
                                                                    The Court held that the provisions mandated expressly the
                                                                    change of forum was to operate retrospectively and therefore,
                                                                                                                                                         WORLD: AN OVERVIEW OF ITS
transferred to the changed ‘forum’, i.e. Special Court.             even pending proceedings would necessarily have to be                                FUNDAMENTAL IMPLICATIONS
                                                                    transferred to the Special Court. Even for matters where trial
In a detailed judgement supplemented with several                   had commenced under the unamended provision, after the                               By Professor Piya Mahtaney
judgements, the Court held that with regards to the 2002            amendments, the trail would move to the changed ‘forum’, i.e.
amendment, Section 26 left no room for any doubt that the           to the Sessions Court after the 2002 amendment and to the
                                                                                                                                                         Economist / Author
erstwhile ‘forum’ would cease to be the adjudicatory authority      Special Court after the 2014 amendment.
and the newly created forum, ‘the Court of Session’ was to                                                                                           The new world order has begun to               many in academic fora had even                  GFC of 2008 both signalled that the world
deal with pending matters as well. The language of the              The Court accepted SEBI’s contention that alteration of ‘forum’                  manifest, the undercurrents of a subtle        anticipated that countries that                 economy in terms of the emerging
provision, “No court inferior to that of a court of session shall   was procedural and it being so, the amendment of the ‘forum’                     change that began two decades ago has          were shacked by poverty and                     imperatives and resultant challenges had
try any offence punishable under this Act” made it clear that       would operate retrospectively, irrespective of whether the                       now become discernible. One aspect of          underdevelopment during the fifties             outgrown the earlier system that had
the erstwhile forum (Metropolitan Magistrate/Judicial               offence allegedly committed by the accused, was committed                        this is the ongoing shift in trade policy      would transform themselves within 3             come into existence at a time when
Magistrate of First Class) was divested of its jurisdiction.        prior to the amendment. Therefore, the Supreme Court has                         orientation that the world is currently        decades. China’s economic success               developing countries were not active
                                                                    done well to remove all doubts regarding the jurisdiction of the                 witnessing and probably the most overt         added another dimension to globalization        participants of the global economy.
Similarly, the 2014 amendment, with the insertion of Section        Special Courts but only time will tell if these Courts will be                   unravelling of this is the U.S - China trade   because of it sheer size and scale and          However as the report says,`` in the
26B replaced the jurisdiction of the Sessions Court with the        successful in achieving what they were established for to                        war that was discussed in the previous         with it . According to a report by the          unfolding global economic environment,
special court. The argument on behalf of the private parties        achieve.                                                                         article. This one attempts to put into         World Bank (2011) over the span 2004-           in which a number of dynamic emerging
that cases pertaining to change of ‘forum’ ought to be placed in                                                                                     perspective present occurrences in the         2008 the world’s main growth pole were          economies are evolving to take their
two different categories: firstly, where the proceedings had                                                                                         global economy in the larger context of a      United States, the Euro Area and China.         place at the helm of the global economy,
already been instituted and were pending, at the time of                                        Sumit Agrawal is Founder, RegStreet Law              profound shift in geopolitics we are           By 2025 the number of growth poles will         the management of multipolarity
amendment. Secondly, where proceedings were yet to be                                           Advisors, a boutique law firm based in Mumbai. The   finding ourselves in the midst of. To          increase to include emerging economies          demands a reappraisal of three pillars of
instituted, on the date when the amendment became                                               firm’s focus areas are Capital Markets &             describe all the important features of the     such as, Brazil, India, Indonesia, and          the conventional approach to global
                                                                                                Commodities, General Corporate Commercial,
operational. The Court held that this segregation was to be                                     Financial Regulatory Practice, Compliance &          changing geopolitical landscape is             South Korea along with developed                economic governance-link between
clearly and expressly ruled out by the language adopted in the                                  Investigation, Litigation & Dispute Resolution and   beyond the scope of this article but the       countries of United Kingdom and Japan.’’        economic power concentration and
provision. The court held that there was no ambiguity that after    Policy & Advisory Practice. More details can be seen at www.regsla.com           most important aspects will be                 Furthermore developing countries and            stability, the North-South axis of capital
                                                                    andthey can be reached at info@regsla.com
the 2014 amendment, proceedings in respect of offences                                                                                               described.                                     emerging markets accounted for two              flows and the centrality of the U.S. dollar
                                                                                                                                                                                                    thirds of the world’s $9 trillion of official   in the global monetary system.’’
                                                                                                                                                     The world economy finds itself in the          foreign exchange reserves in 2018.
                                                                                                                                                     midst of a fundamental transition to a         Denominated in quantitative terms even            The world economy
                                                                                                                                                     multipolar world by which is meant an          as we have witnessed an increasing
                                                                                                                                                     increasing importance of developing            significance of the developing nations in
                                                                                                                                                                                                                                                    finds itself in the midst
                                                                                                                                                     countries in terms of its contribution to      the global economy the policy related               of a fundamental
                                                                                                                                                     global trade, GDP and finance. The             and strategic implications of this have               transition to a
                                                                                                                                                     undercurrents of this transition began         started unravelling (in a manner that is           multipolar world by
                                                                                                                                                     over quarter century ago during which          discernible) over the last few years.
                                                                                                                                                     period 4 important events heralded the         Given that the framework ensconcing
                                                                                                                                                                                                                                                       which is meant an
                                                                                                                                                     arrival of a new world order one where         the international financial architecture        increasing importance
                                                                                                                                                     American predominance in the global            was one that was put into place post                  of developing
                                                                                                                                                     economy would find itself confronted by        second world war the ability and scope            countries in terms of
                                                                                                                                                     an increasingly multipolar world. The          of its institutional apparatus to address
                                                                                                                                                     events are the South East Asian                issues that would inevitably arise with an
                                                                                                                                                                                                                                                       its contribution to
                                                                                                                                                     Economic Crisis of 1997, the U.S               increasing degree of multipolarity was             global trade, GDP
                                                                                                                                                     occupation of Iraq, the Great Financial        conspicuously lacking. As the report                   and finance.
                                                                                                                                                     Crash of 2008 and the rapid and                says,” In the post-war era, the global
                                                                                                                                                     remarkable ascent of China. The crises         economic order was built on a                   Understanding the underpinnings of a
                                                                                                                                                     that have occurred over the period             complementary set of tacit economic             transition to a multipolar world is key to
                                                                                                                                                     signalled that the prevalent international     and security arrangements between the           managing the present risks and possible
                                                                                                                                                     financial architecture lagged behind the       United States and its core partners, with       bouts of volatility. Grasping the
                                                                                                                                                     fundamental changes in global economy          developing countries playing a peripheral       confluence of diverse factors that
                                                                                                                                                     one reason of this the inadequate              role in formulating their macroeconomic         influence a multi polar global economy is
                                                                                                                                                     representation of developing countries in      policies and establishing economic links        clearly not as straightforward as those
                                                                                                                                                     international financial institutions, China    with an eye toward benefiting from the          which steered the course of an economic
                                                                                                                                                     and prior to that East Asia’s stupendous       growth dynamism in developed                    order that was predominated by the U.S.
                                                                                                                                                     growth a milestone in the annals of            countries.’’ Be it the South East crisis        However it is erroneous to assume that
                                                                                                                                                     development experience because not             that occurred during the nineties or the        the previous status quo continues to

8                                                                                                             FORUM VIEWS - NOVEMBER 2018            9                                                                                                           FORUM VIEWS - NOVEMBER 2018
INSIGHTSINSIGHTS
                               - ECONBUZZ
                                      - ECONBUZZ                                                                                                                  INSIGHT
                                                                                                                                                                    INSIGHTS
prevail or that the adjustments to a new      countries which are fairly protectionist.       Conclusion
order would happen seamlessly is
erroneous. Equally important as the
                                              Theoretically liberalisation should have
                                              been more reflective of economic
                                                                                              By no means is the changing dynamics
                                                                                              of global growth a recent phenomenon,
                                                                                                                                                       GETTING TO KNOW THE
economic realignment that is occurring        diversity and the challenges and                until the sixteenth century China and                    S&P BSE 500
globally is the impending reappraisal of      constraints of less developed and               India accounted for a major part of global
the present security arrangement that         developing nations. This was not the            GDP. Countries of Europe became an                       By Mahavir Kaswa
the world’s advanced countries have                                                           important driver of economic growth
                                              case and the practice of liberalization                                                                  Associate Director - Product Management
with and in collaboration with the U.S .      was rooted in the one size fits all             thereafter until the first half of the
For one the present relevance of NATO         approach which runs counter to the              twentieth century after which not we see
                                                                                                                                                       S&P BSE Indices
which was the security umbrella that          inherent principle of liberalism.               the resurging resonance of China and the

                                                                                                                                                     O
America provided Europe has become a                                                                                                                         ver the past three to four decades, the Indian equity market         Kotak Mahindra                        2.27       Telecommunication                     1.40
                                              Changing drivers of global economic             resonant emergence of India which over
matter of debate after the end of the cold                                                                                                                   has witnessed significant growth, on account of increasing           Bank Ltd                                         Services
                                              growth would inevitably usher in its            the next few years along with other
                                                                                                                                                             foreign capital flows and participation by domestic                  Maruti Suzuki India Ltd              1.86        Utilities                             3.27
war. Secondly new threats to global           wake adjustments in institutions, politics      emerging market economies will                         institutional investors. The expanding depth and breadth has brought         Total                               36.11        Total                                 100
security are rearing their head, terrorism    and society both within countries and in        account for an increasing share of global              a stronger demand from market participants for suitable                      Source: Asia Index Private Limited. Data of as April 30, 2018. Table is provided for illustrative
and its ramifications being a fundamental     the context of international affairs. It is     consumption, exports and investment.                   benchmarks. The S&P BSE SENSEX launched in 1986 and was the                  purposes.
one. Thirdly this profound shift in           because these adjustments have lagged           Interestingly India and China will as the              first and most popular Indian benchmark, followed by the S&P BSE
geopolitics brings with new players that      behind the process of economic                  report says be, “the main flag bearers                 100 and S&P BSE 200 in 1989 and 1994, respectively. In 1999, the              The S&P BSE 500 is designed to be a
want to have a greater and more               transformation that the present situation       among the emerging market growth                       S&P BSE 500 was launched in response to market demand for                       broad representation of the Indian
strategic role in the new security            seems a tricky and somewhat                     poles in the years ahead. ‘’                           broader benchmarks that offer more complete coverage of the Indian             equity market, consisting of the 500
alliances. Evidently both China and           disconcerting one. Secondly during the                                                                 equity market.                                                                 leading companies in terms of total
Russia are contenders for a much more         ensuing era in so far as the present tariff                                                                                                                                          market capitalization that are members
decisive role in this context, that said                                                                                                             The S&P BSE 500 is designed to be a broad representation of the
                                              war is concerned suffice to say that it         Piya Mahtaney completed her second Master’s in         Indian equity market, consisting of the 500 leading companies in                     of the S&P BSE AllCap.
there are other countries which though
                                              would also be damaging for U.S                  Development Economics from Leicester University        terms of total market capitalization that are members of the S&P BSE
not so overtly will also have a significant                                                   in England she embarked on a career in journalism                                                                                   Similarly, the S&P BSE 500 offers exposure to all size segments.
                                              interests, by what extent remains to                                                                   AllCap. The differential voting rights shares class is eligible to be part
role to play in this new phase of global                                                      with the Times of India. She was an assistant editor                                                                                Large-cap stocks accounted for 79% of the total index weight, mid
                                              seen. However at a time when the U.S            in Metropolis on Saturday, subsequent to which she     of the index, which means that at any point in time, the index will          caps 13%, and small caps 8% as of April 30, 2018 (see Exhibit 2).
security simply because of their                                                              joined as senior feature writer in Economic Times.
                                              economic recovery is gaining traction,                                                                 include a fixed number of 500 companies, but the number of stocks in
increasing importance in the global                                                           As an economist that reported, analyzed and wrote      the index could be greater than or equal to 500.The index                    Exhibit 2: Size Coverage of the S&P BSE 500
                                              the unfavourable impact of a changing           on a wide range of socio-economic issues, writing a
economy.                                                                                                                                             constituents and sectors are weighted in proportion to their float           SIZE                                              INDEX WEIGHT (%)
                                              trade policy does not augur well for            book about economic development and the
                                                                                              emerging trends of globalisation seemed almost         market capitalization. The index is reviewed semiannually in June            Large Cap                                         78.62
In so far as trade policy is concerned        politics, certainly not populist politics. On                                                                                                                                       Mid Cap                                           13.33
                                                                                              inevitable                                             and December.
there are three basic facts that we need      the upside though given the changing                                                                                                                                                Small Cap                                         8.05
                                                                                              The books that she has authored are as follows:
to keep in mind before arriving at any        drivers of globalization and this feature                                                              In a recently published paper titled “Measuring Indian Equities: The
                                                                                                                                                                                                                                  Source: Asia Index Private Limited. Data of as April 30, 2018. Table is provided for illustrative
                                                                                              • India China and Globalization (2nd ed), Palgrave                                                                                  purposes.
inferences. Firstly as the protectionist      could catalyze the beginning of new                Macmillan (England), December 2014                  S&P BSE 500,” we saw that as of April 30, 2018, the S&P BSE 500
rhetoric gets louder it is important to       trading alliances between other                 • Globalization and Sustainable Economic               represented approximately 88% of all BSE - listed companies, with a          With coverage of more than 88% of India’s listed equity universe and
                                                                                                 Development, Palgrave Macmillan (U.S), August                                                                                    diversified exposure to all sizes and all key economic sectors of India’s
recall that even before it what existed       advanced and developing countries and              1st 2013                                            total market capitalization of INR 1,35,14,943 crores (approximately
was not exactly free trade. For instance      between other developing countries.             • Institute of South East Asian Studies (Singapore)    USD 2 trillion).                                                             economy, the S&P BSE 500 seeks to provide comprehensive
                                              Thirdly the shared challenges of                   published an edition (August 2010) of my book                                                                                    coverage of the Indian equity market.
the WTO negotiations were a repeated
                                                                                                 India China and Globalisation.                      The S&P BSE 500 is diversified across sectors, and no individual
reminder of how terms of trade was            sustainable development make it                 • The first edition of India China and Globalisation                                                                                DISCLAIMER: The S&P BSE Indices (the “Indices”) are published by Asia Index Private
                                              imperative regardless of ideological bent                                                              sector had an excessive overweight in the index in the period                Limited (“AIPL”), which is a joint venture among affiliates of S&P Dow Jones Indices LLC
weighted against the interest of the                                                             was published by Palgrave Macmillan (England,
                                                                                                 2007)                                               studied. As shown in Exhibit 1, the financials sector had the highest        (“S&P DJI”) and BSE Limited (“BSE”). Standard & Poor’s® and S&P® are registered
poorer nations. Moreover economic             and internal politics prevalent in any                                                                                                                                              trademarks of Standard & Poor’s Financial Services LLC and Dow Jones® is a registered
                                                                                              • Globalisation Con Game or Reality was published      weight in the index, with 30%, followed by consumer discretionary at
experience in so far as the impact of         country to formulate a framework of co-            by Alchemy Publishers, India (2004) 2004.           12.5%. The services sectors, which include financials, information
                                                                                                                                                                                                                                  trademark of Dow Jones Trademark Holdings LLC. BSE® and SENSEX® are registered
                                                                                                                                                                                                                                  trademarks of BSE. These trademarks have been licensed to AIPL.
trade and financial liberalization as         operation and collaboration. A beginning        • The first book titled Economic Con Game,
                                                                                                                                                     technology, and telecommunications services, contributed nearly
                                                                                                 Development fact or Fiction was published by
practiced demonstrates that the biggest       in this direction was made by the Climate          Pelanduk Publications (Malaysia) in 2002.           41% to the total index weight. Also, the combined weight of                  Past performance of an Index is no guarantee of future results. AIPL, S&P DJI and BSE
                                                                                                                                                                                                                                  (the “AIPL Companies”) make no representation or warranty that investment products
beneficiaries of liberalization are           Change agreement                                                                                       constituents that have individual derivative contracts was 87%,              based on any Index will accurately track index performance or provide positive
                                                                                                                                                     which facilitates risk management of the index.                              investment returns. The AIPL Companies do not make investment recommendations and
                                                                                                                                                                                                                                  do not sponsor, endorse, sell, promote or manage any investment fund or other
                                                                                                                                                     Exhibit 1: Top 10 Stocks and GICS Sector Coverage                            investment vehicle that seeks to provide an investment return based on the performance
                                                                                                                                                               TOP 10 STOCKS                      GICS SECTORS                    of any Index. Performance returns for an Index do not reflect payment of charges or fees
                                                                                                                                                                                INDEX                          INDEX              an investor may pay for investable instruments. AIPL Companies receive compensation
                                                                                                                                                      COMPANY NAME                        SECTOR NAME                             in connection with licensing Indices to third parties. AIPL Companies. For more
                                                                                                                                                                               WEIGHT (%)                     WEIGHT (%)
                                                                                                                                                                                                                                  information on any of Indices please visit http://www.asiaindex.co.in/.
                                                                                                                                                     HDFC Bank Ltd                6.28    Consumer                    12.54
                                                                                                                                                     Housing Development          4.95    Discretionary                           Mahavir Kaswa is Associate Director, Product Management for equity and strategy
                                                                                                                                                     Finance Corp                         Consumer Staples             9.50       indices in India and its neighboring countries at Asia Index Pvt. Ltd-a joint venture
                                                                                                                                                                                                                                  between S&P Dow Jones Indices and BSE Limited. His objective is to expand the
                                                                                                                                                     Reliance Industries Ltd      4.94    Energy                       8.26
                                                                                                                                                                                                                                  business in the region through identifying local market trends and ensuring new
                                                                                                                                                     ITC Ltd                      3.81    Financials                  29.96       products and services are aligned to the needs of the local market.
                                                                                                                                                     Infosys Ltd                  3.62    Health Care                  5.00       He has more than 10 years of experience in the capital market industry. Prior to joining
                                                                                                                                                     ICICI Bank Ltd               2.90    Industrials                  9.04       Asia Index, He worked at BSE Limited where he got an opportunity to work on a variety
                                                                                                                                                     Tata Consultancy             2.79    Information Technology      10.06       of indices, including thematic, strategy, and volatility.
                                                                                                                                                     Services Ltd                         Materials                   10.33       He has a Master’s of Commerce from Pune University, and is a Chartered Financial
                                                                                                                                                                                                                                  Analyst, USA.
                                                                                                                                                     Larsen & Toubro Ltd          2.71    Real Estate                  0.65

10                                                                                                            FORUM VIEWS - NOVEMBER 2018            11                                                                                                                                FORUM VIEWS - NOVEMBER 2018
TECH-SPEAK
                 TECH-SPEAK                                                                                                                                           TECH-SPEAK
                                                                                                                                                                          TECH-SPEAK
                                                                                                                            resources at their disposal to            • What is the vendor’s stability? Seek   In truth, both standards and
 STANDARDIZING SOFTWARE                                                                                                     implement the changes and train staff.      out companies that have longevity      standardization aim for the same goal,
 PRODUCT                                                                                                                    This results in smaller companies
                                                                                                                            bringing in outside consultants to help
                                                                                                                                                                        and customer satisfaction in the
                                                                                                                                                                        imaging and document
                                                                                                                                                                                                               which is to enable a consistent base for
                                                                                                                                                                                                               reuse. The comparative merits of the
                                                                                                                            make the changeover. These smaller          manipulation market and can            two approaches, however, should be
                                                                                                                            companies will bear more of a financial     ensure continued product               considered within the context of why
 By Jayesh Shah                                                                                                             burden than larger ones in this area.       development and support.               companies and consumers frequently
 Promoter, Prism Cybersoft Private Limited                                                                                                                            • What is their support policy? Does     choose to standardize on one
                                                                                                                            Employee Concerns: Standardization          the vendor have a support team         i m p l e m e n t a t i o n . Fr a n k l y,
The idea of a single standardized         • Comprehensive maintenance             Despite numerous advantages of            puts a lot of emphasis on the sameness      that is committed to your success      standardization is often the only option
software product is not typically the       program - When you buy a              standardization, it has also got its      and repetition; this shows that the         and available to answer your           given the limits of a universal
way companies purchase and deploy           maintenance package tied to an        disadvantages with equal measures.        employees are expected to do the            questions?                             technology standard.
licenses from a software vendor.            enterprise license the updates and                                              same repetitively that may end up         • Is the vendor able to work with you
Organizational departments make this        upgrades cover the product            Uniqueness Lost : This is because if an   being tiresome and boring to the            to meet your specific product          Prism Software Pvt Ltd provides a
nearly impossible because Division A        regardless of how many groups are     organization builds its customer base     workers themselves. Put in other            requirements?                          comprehensive backoffice solutions
                                            utilizing it. This not only saves     on customers that value its unique        words, standardization would deny the     • Does the vendor work with partners     for Equity, Currency and Commodities
may not know what Division B is using
                                            money but also value time for the     products; standardization of its          employees a chance to learn new             that are established and reputable?    markets and help you identify
for their applications. As a result
                                            developers upgrading the              products would mean that the              skills.                                                                            additional cost savings for your
companies end up buying multiple                                                                                                                                      • Does the vendor offer a solution
software offerings that provide the         applications. They only need to       business would lose some of its former                                                that can meet the multiple needs       organizations.
                                            know one product.                     customer base.                            To paraphrase, standards are good
same functionality. And the bottom line                                                                                                                                 across your organization so you can
                                          • Reliable and responsive support -                                               because multiple products do things in
result is that the company pays several                                                                                                                                 benefit from an enterprise licensing
                                            You form a relationship with the      Not Globally Accepted: The method of      the same general way, thus making
times for product, maintenance, and                                                                                                                                     model?
                                            support team who understands          calculation, viewing financial software   them replaceable for one another and
license fees.                                                                                                                                                         • Does the vendor offer enterprise
                                            your requirements across the          products differ globally and company      thus more direct competitors.
                                                                                  to company. This makes difficult to do    Standardization, however, is bad,           licensing discounts?
Standardization also brings innovation,     organization and can better respond
                                            to your needs.                        business as various financial             because it favors one vendor or                                                    Jayesh Shah holds B.S. and M.S. in Computer
first because it provides structured                                              statements and reports may have to be     configuration to the exclusion of         Today every organization is looking at   Engineering from University of Bridgeport, USA. He
methods and reliable data that save       • Enterprise licensing -Save money
                                                                                  regenerated. The business would lose      others, locking consumers into that       how they can save money while            has more than 25 years of experience in field of IT.
                                            by taking advantage of high -
time in the innovation process and,                                               its responsiveness. This is due to the    vendor and limiting competition.          increasing their efficiency and          He promoted Prism in 1996 and as its MD and CEO
                                            volume discounts. Leverage one                                                                                                                                     provides Vision, Direction and also takes care of
second, because it makes it easier to                                             fact that when an organization expands                                              productivity. Now is the time to re-     Strategic Affairs, Marketing and Commercials.
                                            product for multiple purposes
disseminate groundbreaking ideas and                                              to new markets mostly in foreign          Here are a few guidelines to              evaluate your current technology         Prism has recently been awarded by STPI & CeBIT
                                            across departments. The more
knowledge about leading edge                                                      markets, standardization may turn         consider when you evaluate                providers and identify the redundant     INDIA for Best IT Exhibitor of ‘Make in India’ Pavilion
                                            licenses that are used throughout                                                                                                                                  at CeBIT India 2014.
techniques.                                                                       against the firm.                         vendors:                                  solutions that you can standardize.
                                            the company the greater the price
                                            discount.
Standardizing on one vendor for                                                   Standards Manipulation: There is a
specific software provides                                                        downside to the flexibility that
organizations with several advantages:
                                           Standardization also                   particular standardized product allows
                                            brings innovation,                    companies can utilize only the methods
• Organizational knowledge base               first because it                    they wish to, allowing the financial
                                                                                  product to show only desired results.
  and skill set - Multiple projects can    provides structured                    This can lead to revenue or profit
  be easily and more quickly
  implemented by using a common
                                          methods and reliable                    manipulation, can be used to hide
  code base.                               data that save time                    financial problems in the company and
                                                                                  can even encourage fraud. For
• Transferable development or                in the innovation                    example, changing the method of
  integration code - You can                   process and,                       inventory valuation can bring more
  maximize ROI with one vendor’s
  tools or applications by taking          second, because it                     income into the current year's profit
                                                                                  and loss statement, making the
  advantage of the code for multiple        makes it easier to                    company appear more profitable than it
  projects.                                     disseminate                       really is.
• In-house “think tank” - Having
  multiple developers familiar with
                                              groundbreaking                      Increased Costs: A small company
  one code base enables faster            ideas and knowledge                     would be impacted by a adoption of
  implementation and promotes              about leading edge                     standard product in the same way a
  collaboration on new project                                                    larger one would. However, small
  requirements.
                                                techniques.                       businesses do not have as many

12                                                                                            FORUM VIEWS - NOVEMBER 2018   13                                                                                                  FORUM VIEWS - NOVEMBER 2018
GLOBALGLOBAL
        INSIGHTS
             INSIGHTS                                                                                                                                                     GLOBALGLOBAL
                                                                                                                                                                                  INSIGHTS
                                                                                                                                                                                       INSIGHTS
                                                                                                                                                                                                                                      CREDIT RISK TRENDS FOR ASIA
                                         ASIA-PACIFIC MARKETS                                                                                                             The Credit Landscape Using Probability of Default (PD) Fundamentals in Asia
                                                                                                                                                                                                                                                                                                 aaa to a- bbb+ to bbb- bb+ to bb- b+ to b- ccc+ and below
                                         MONTHLY HIGHLIGHTS                                                                                                               Sector                    Australia China Hong Kong               India Indonesia Japan Malaysia New Zealand Philippines Singapore South Korea Taiwan Thailand Asia Average

                                             AND INSIGHTS
                                                                                                                                                                          Consumer Discretionary      bb+     bb+      bbb-                  bb-      bb    bbb+    bb        bb+          b+          a-        bbb-      bb      bb-        bb
                                                                                                                                                                          Consumer Staples             bb       bb-    bbb                  bbb-      bb     bbb   bbb-                   bbb-        bbb        bbb-     bbb-    bb+        bbb-
                                                                                                                                                                          Energy                      bbb      bbb    bbb+                  bbb-     bbb-    bbb-    bb        bb          bb-         bb        bbb        a     bb+        bb+
                                                                                                                                                                          Financials                  bbb-    bb+      bbb-                 bbb-     bbb-    bb+    bbb       bbb-        bbb-        bb+        bb+      bb+     bb+        bb+
                                                                                                                                                                          Healthcare                   bb      bbb-    bbb                    bb      bb     bbb-    bb        bb                     bb+         bb       bb-    bb+        bb+
                                                                                                                                                                          Industrials                 bbb-     bbb-    bbb                   bb-      bb     bbb     bb       bb+         bbb-        bbb-       bb+       bb-     b+         bb
                                                                                                                                                                          Information Technology      bbb-      bb     bb+                   bbb             bbb-  bbb-                    b+          bb        bbb      bb+       b         bb
                                                                                                                                                                          Materials                   bb+     bb+       bb                    bb      bb     bbb    bbb        bb           bb        bbb-       bbb-     bb+     bbb-        bb
                                                                                                                                                                          Telecommunication Services bbb-     bb+       a-                   b+      bb+      a-     bb       bbb-         bb-         bb        bbb       b+      bb       bbb+
                                                                                                                                                                          Utilities                  bbb+     bb+     bbb+                    bb     bbb     bbb    bbb       bb+         bb+          bb       bbb+      bb+      bb        bb+
                                                                                                                                                                          Country Average             bbb-    bb+      bbb                   bb       bb     bbb   bb+        bb+         bb+         bb+        bbb-     bb+      bb        bb+

                                                                                                                                                                          We are seeing some changes in credit quality from year-on-year comparisons:
                                                                                                                                                                          • Australia country average (bbb- to bb+); with deterioration in Utilities (-1 notch); Materials (-2 notches) and Information Technology (-1
                                                                                                                                                                             notch)
                                                                                                                                                                          • China Consumer Discretionary, Energy, Healthcare, Materials and Utilities all fell by -1 notch
                                                                                                                                                                          • New Zealand country average (-1 notch); mainly due to changes in Energy (-1 notch)
                                                                                                                                                                          • Singapore industrials (-2 notches)
                                                                                                                                                                          • Consumer Discretionary, Energy, Financials, Telecommunications, and Utilities; with 3-5 countries indicating more than one notch
                                                                                                                                                                             deteriorations
Key findings:                                                                                                                                                                          Source: S&P Global Market Intelligence fundamental-based PD model, PD Model Fundamentals™. Lowercase nomenclature is used to differentiate S&P Global Market
                                                                                                                                                                                     Intelligence’s PD Model Fundamental™ scores from the credit ratings issued by S&P Global Ratings. Credit ratings are prepared by S&P Global Ratings services, which is
Ÿ Credit Risk Trends For Asia                                                                                                                                                          analytically and editorially independent from any other analytical group at S&P Global. Data as of September 2018. Charts and graphs are for illustrative purposes only
Ÿ M&A Activity By Country, Sector
Ÿ Initial Public Offerings
Ÿ Private Equity Investments And Buyouts                                                                                                                                                                                              CREDIT RISK TRENDS FOR ASIA
Ÿ Venture Capital Investments                                                                                                                                             Market Signal Probability of Default Trends in Developed Asia
Ÿ Global Covered Bond Insights Q3 2018                                                                                                                                    3.50%
Ÿ Credit Ratings Actions                                                                                                                                                                                                                                                                                                                                  Australia
                                                                                                                                                                          3.00%
Ÿ Market Attributes: Index Dashboard                                                                                                                                                                                                                                                                                                                      Hong Kong
                                                                                                                                                                          2.50%
Disclaimer: Copyright © 2018 by S&P Global Market Intelligence, a division of S&P Global Inc. All rights reserved.                                                                                                                                                                                                                                        Japan
                                                                                                                                                                          2.00%
These materials have been prepared solely for information purposes based upon information generally available to the public and from sources believed to be                                                                                                                                                                                               South Korea
                                                                                                                                                                          1.50%
reliable. No content (including index data, ratings, credit-related analyses and data, research, model, software or other application or output therefrom) or any part
                                                                                                                                                                                                                                                                                                                                                          New Zealand
thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without           1.00%
the prior written permission of S&P Global Market Intelligence or its affiliates (collectively, S&P Global). The Content shall not be used for any unlawful or                                                                                                                                                                                            Singapore
unauthorized purposes. S&P Global and any third-party providers, (collectively S&P Global Parties) do not guarantee the accuracy, completeness, timeliness or             0.50%
availability of the Content. S&P Global Parties are not responsible for any errors or omissions, regardless of the cause, for the results obtained from the use of the                                                                                                                                                                                    Asia Median
                                                                                                                                                                          0.00%
Content. THE CONTENT IS PROVIDED ON “AS IS” BASIS. S&P GLOBAL PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT                                                                            7           7                                   8                        8                                   8
                                                                                                                                                                                          -17        t-1
                                                                                                                                                                                                        7
                                                                                                                                                                                                                 v-1         c-1          -18         -18       r-1          r-1
                                                                                                                                                                                                                                                                                 8
                                                                                                                                                                                                                                                                                          y-1          -18         -18        g-1          -18
NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS                                                    Sep         Oc          No          De          Jan         Feb         Ma          Ap           Ma          Jun         Jul         Au          Sep
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www.standardandpoors.com/usratingsfees.                                                                                                                                            Sep          Oc          No
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14                                                                                                                                  FORUM VIEWS - NOVEMBER 2018           15                                                                                                                                                               FORUM VIEWS - NOVEMBER 2018
GLOBALGLOBAL
        INSIGHTS
             INSIGHTS                                                                                                                                                                        GLOBALGLOBAL
                                                                                                                                                                                                     INSIGHTS
                                                                                                                                                                                                          INSIGHTS
                          M&A ACTIVITY IN ASIA PACIFIC: SELECTED COUNTRIES                                                                                                                                                                 INITIAL PUBLIC OFFERINGS BY COUNTRY
In September 2018, China and Japan have the most active markets with largest monthly deal values amounting to US$ 23.9 Bn and US$ 15.6 Bn                                                    In September 2018, China, Japan and India topped the region’s IPO count. Likewise, China, Japan and South Korea raised the highest dollar value proceeds. In
respectively. In terms of YOY change, Vietnam has seen a significant 340% increase in M&A deal count with a remarkable 95% growth in deal value.                                             terms of YOY change, although China has seen a 49% decline in IPO count, it was still able to show a 101% increase in IPO value. Indonesia has seen the highest
Although Indonesia has seen a 10% decline in deal count, its deal value growth has seen a significant 471% increase.                                                                         growth in IPO deal count and value.
No. of Deals and Value by Country (September’18)                                                                                                                                             No. of IPOs and Value by Country (September’18)
                                                                                                                                                                                               Country      No. of Deals Value of Deals ($USDmm)
  Country     No. of Deals Value of Deals ($USDmm)
                                                                                                                                                                                             China               20               8,060.20
China              308             23,905.80                                                                                                                                                 Japan               12                 938.5
Australia          121             15,556.50                                                                                                                                                 India               11                  94.6
Japan              116              5,002.80                                                                                                                                                 South Korea          9                 351.7
India              104              2,215.70                                                                                                                                                 Australia            7                   85
South Korea        45               2,609.30                                                                                                                                                 Hong Kong            7                  91.5
Vietnam            30                 114.3                                                                                                                                                  Vietnam              5                  6.6
Malaysia           26               1,134.20                                                                                                                                                 Indonesia            3                 24.1
Hong Kong          25               2,391.30                                                                                                             Key      Threshold (No. of Deals)                                                                                                                                                     Key      Threshold (No. of IPOs)
                                                                                                                                                                                             Singapore            2                 17.5
Singapore          21                 747.3                                                                                                                               0 - 15
                                                                                                                                                                                             Thailand             2                   8                                                                                                                            0
Thailand           19                 455.4                                                                                                                              >15 - 62            Malaysia             1                  1.5                                                                                                                        >0 - 4
Indonesia          17               2,398.00                                                                                                                            >62 - 123            New Zealand          0                   0                                                                                                                         >4 - 8
New Zealand        15                  473                                                                                                                                                   Philippines          0                   0
Philippines         8                 195.3                                                                                                                             >123 - 185                                                                                                                                                                             >8 - 12
                                                                                                                                                                        >185 - 246           Taiwan               0                   0
Taiwan              5                 63.4                                                                                                                                                                                                                                                                                                                    >12 - 16
                                                                                                                                                                        >246 - 308           No. of IPOs and Value YTD Activity (18’ vs. 17’)                                                                                                                 >16 - 20
No. of Deals and Value YTD Activity (18’ vs. 17’)                                                                                                                                                                           No. of deals                         Value of IPOs ($USDmm)
                          No. of deals                        Value of Deals ($USDmm)                                                                                                                         18 YTD          17 YTD        YoY Growth      18 YTD          17 YTD     YoY Growth
              18 YTD        17 YTD        YoY Growth      18 YTD         17 YTD      YoY Growth                                                                                                             Jan 1, 2018 -   Jan 1, 2017 - YoY Comparison Jan 1, 2018 - Jan 1, 2017 - YoY Comparison
            Jan 1, 2018 - Jan 1, 2017 - YoY Comparison Jan 1, 2018 - Jan 1, 2017 - YoY Comparison                                                                                                           Sep 30, 2018    Sep 30, 2017      Through    Sep 30, 2018 Sep 30, 2017       Through
            Sep 30, 2018 Sep 30, 2017       Through    Sep 30, 2018 Sep 30, 2017       Through                                                                                                                                             Sep 30, 2018                               Sep 30, 2018
                                         Sep 30, 2018                               Sep 30, 2018                                                                                             China              158             310            -49%         48,725          24,201          101%
China         3,015          2,591             16%        202,070       189,831           6%                                                                                                 Japan               64              46             39%          4,361           2,062          111%
Australia     1,182            835             42%         81,357        38,323         112%                                                                                                 India              136              78             74%          3,759           2,089           80%
Japan         1,242            871             43%         48,422        28,292          71%                                                                                                 South Korea         45              40             13%          1,593           5,288          -70%
India         1,066            740             44%         53,845        23,975         125%                                                                                                 Australia           58              49             18%          1,068           1,053            1%
South Korea     746            680             10%         33,930        27,080          25%                                                                                                 Hong Kong           82              55             49%          1,580           1,381           14%
Vietnam         383              87           340%          2,937        12,656          95%                                                                                                 Vietnam             33              30             10%          1,949              56        3406%
Malaysia        312            287              9%          4,640        35,974         -63%                                                                                                 Indonesia           37              18            106%            996             274          263%
Hong Kong       341            318              7%         28,790        38,399         -20%                                                                                                 Singapore           24              15             60%            695           2,032          -66%
Singapore       276            244             13%         11,900         1,504         -69%                                                                                                 Thailand            11              13            -15%            430           1,339          -68%
Thailand        213            186             15%         20,663         7,457         177%                                                                                                 Malaysia            20              17             18%            208           1,776          -88%
                                                                                                                   Source: S&P Global Market Intelligence as of October 1, 2018. Figures
Indonesia       128            143            -10%         10,092           901         471%                                                                                                 New Zealand          1                1             0%              11            137          -92%       Source: S&P Global Market Intelligence as of October 1, 2018. Figures
                                                                                                                     are based on M&A announcement dates. Includes both closed and
New Zealand     192            129             49%          4,354         1,769         383%                                                                                                 Philippines          1                3           -67%            152             342          -55%      are based on public offerings offer date. Includes all closed transactions.
                                                                                                                  pending transactions as well as those without transaction values. Charts
Philippines       83             58            43%        102,421         1,800        5591%                                                                                                 Taiwan               1                3           -67%              13            349          -96%                   Tables are provided for illustrative purposes.
                                                                                                                                   are provided for illustrative purposes.                   Total
Taiwan            89             69            29%          6,435         3,181         102%                                                                                                                    671             678             -1%         65,542          42,379           55%
Total         9,268          7,238             28%        611,855       411,142          49%

                                                                                                                                                                                                             PRIVATE EQUITY INVESTMENTS & BUYOUTS: SELECTED COUNTRIES
                             M&A ACTIVITY IN ASIA PACIFIC: SELECTED SECTORS                                                                                                                  In September 2018, China has the highest number of PE deal count. Japan generated the highest PE deal value amounting US$ 7.5 Bn, followed by China’s US$
YTD September 2018, YOY change, Healthcare topped the industries with 140% deal value growth, together with an 18% increase in deal count. Industrials                                       2.9 Bn.
came with the second highest deal value growth showing a 74% increase, however its overall M&A activity has declined by 1%.                                                                  No. of Deals and Value by Country (September’18)
                                                                                                                                                                                               Country      No. of Deals Value of Deals ($USDmm)
No. of Deals YTD Activity (18’ vs. 17’)                                                       Value of Deals (USDmm) YTD Activity (18’ vs. 17’)                                              China               54               2,927.80
                               No. of deals                                                                                   No. of deals                                                   India               29               2,769.50
                                                                                                                                                                                             Japan               22               7,505.70
                   '18 YTD        '17YTD       YoY Growth                                                         '18 YTD       '17 YTD       YoY Growth                                     South Korea         20                 345.7
                                                                                                                                                                                             Australia            8                  82.1
     Sector      Jan 1, 2018 - Jan 1, 2017 - YoY Comparison                                         Sector      Jan 1, 2018 - Jan 1, 2017 - YoY Comparison                                   New Zealand          4                  3.2
                 Sep 30, 2018 Sep 30, 2018       Through                                                        Sep 30, 2018 Sep 30, 2018       Through                                      Hong Kong            1                   0
                                                                                                                                                                                             Indonesia            1                   24
                                              Sep 30, 2018                                                                                   Sep 30, 2018                                    Malaysia             1                  3.6
                                                                                                                                                                                                                                                                                                                                               Key      Threshold (No. of Deals)
                                                                                                                                                                                                                                                                                                                                                                   0
Industrials          1467           1475           -1%                                         Industrials        158,105         91,121          74%                                        Singapore            1                  2.9
                                                                                                                                                                                                                                                                                                                                                                >1 - 11
                                                                                                                                                                                             Taiwan               1                   0
Discretionary        1170           1201           -3%                                         Real Estate          85,132      131,767          -35%                                        Vietnam              1                   33                                                                                                                       >11 - 22
                                                                                                                                                                                             Philippines          0                   0                                                                                                                        >22 - 32
IT                   1075           1090           -1%                                         Materials            51,035        45,313          13%                                        Thailand             0                   0                                                                                                                        >32 - 43
Real Estate           849            959          -11%                                         Discretionary        48,095        52,683           -9%                                       No. of Deals and Value YTD Activity (18’ vs. 17’)                                                                                                                 >43 - 54

Materials             721            702            3%                                         Utilities            39,084        23,483          66%                                                                       No. of deals                        Value of Deals ($USDmm)
                                                                                                                                                                                                              18 YTD          17 YTD        YoY Growth      18 YTD         17 YTD      YoY Growth
Healthcare            601            508           18%                                         IT                   33,970        44,494         -24%                                                       Jan 1, 2018 -   Jan 1, 2017 - YoY Comparison Jan 1, 2018 - Jan 1, 2017 - YoY Comparison
                                                                                                                                                                                                            Sep 30, 2018    Sep 30, 2017      Through    Sep 30, 2018 Sep 30, 2017       Through
Financials            514            599          -14%                                         Teleco. Services     31,629        33,040           -4%                                                                                     Sep 30, 2018                               Sep 30, 2018
                                                                                                                                                                                              China              665             242           175%         56,825         19,151           197%
Teleco. Services      512            484            6%                                         Energy               30,582        21,145          45%                                         India              219             128            71%           8,136         3,303           146%
Staples               484            459            5%                                         Healthcare           27,217        11,351         140%                                         Japan              219             149            47%           9,171         2,677           243%
                                                                                                                                                                                              South Korea        155             103            50%           7,921         6,226            27%
Utilities             289            249           16%                                         Financials           26,032        30,387         -14%                                         Australia           74              50            48%         12,065         12,909             -7%
Energy                                                                                         Staples                                                                                        New Zealand         10                8           25%             191         1,356           -86%
                      176            136           29%                                                              22,297        18,817          18%
                                                                                                                                                                                              Hong Kong           11              15           -27%           2,011        12,558           -84%
NSD                  1410           1296            9%                                         NSD                  58,677        46,916          25%                                         Indonesia            4                5          -20%              67              1        4483%
                                                                                                                                                                                              Malaysia             6                8          -25%             184             18          947%
Total                9268           9158            1%                                         Total              611,855       550,516           11%                                         Singapore           30              25            20%           2,531        22,174           -89%
                                                                                                                                                                                              Taiwan               7                2          250%           2,285             55        4059%        Source: S&P Global Market Intelligence as of October 1, 2018. Figures
                         Source: S&P Global Market Intelligence as of October 1, 2018. Figures are based on M&A announcement dates. Includes closed and                                       Vietnam             19              13            46%             958           314           205%        are based on M&A announcement dates. Includes both closed and
                           pending transactions as well as those without transaction values. NSD - No Sector Disclosed. Tables are provided for illustrative                                  Philippines          1                2          -50%              28           380           -93%      pending transactions as well as those without transaction values. Tables
                               purposes. Data sorted by no. of deals and by transaction value from highest (darkest green) to lowest (lightest green).                                        Thailand             2                2            0%              54              1        4721%                        are provided for illustrative purposes.
                                                                                                                                                                                              Total            1,422             752            89%        102,427         81,124            26%

16                                                                                                                                               FORUM VIEWS - NOVEMBER 2018                 17                                                                                                                                       FORUM VIEWS - NOVEMBER 2018
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