The BRICfast Club: A Series of Posts Dedicated to Brazil, Russia, India and China (Part II)

India Needs Massive Investment in Physical Infrastructure to Catch China Growth

This is the second in a series of posts dedicated to the BRIC countries. While the late John Hughes would have appreciated the titular tribute to his Breakfast Club classic, the series is meant to stimulate a robust discussion among those interested in the subject.

For the uninitiated, BRIC is an acronym coined by Goldman Sachs to refer to the red-hot economies of Brazil, Russia, India and China. According to the investment group’s projections, the BRIC countries could become among the four most dominant economies by the year 2050.

Part I of this series centered on Brazil with the post Hey Brazil--Take Your Time With Those BITs, I Can Get Them Somewhere Else! Let’s pick things up with India.

Of all the emerging markets, India is the one for international business interests to watch. As the U.S., Europe and Japan struggle to recover from the worst recession in 60 years, India’s stock market index has soared over the last 12 months and its economy may grow 8.2 percent in the year starting April 1, the fastest in two years according to India’s finance ministry.

The video below does a great job of capturing India's ebullient optimism in its race to become the emerging market leader:

 

At what may come as a surprise to some, India's economy looks to be rebounding from the downturn in better condition than China's. India doesn't appear to be facing the same degree of potential dangers and downside risks as China, which means policymakers in New Delhi might have a much easier task in maintaining the economy's momentum than their Chinese counterparts.

According to Nouriel Roubini, the economist who predicated the financial crisis,

“China might be facing a greater challenge in maintaining its double-digit growth rate than India is facing in achieving a double-digit growth.”

Roubini added that he favors the “more balanced economy of India” over China.

What India needs most, Roubini cautioned is “physical capital in the form of infrastructure that can be provided by both by public and private investments or private-public partnerships.”

I agree with Roubini’s assessment concerning India’s urgent and primary need for investment in physical infrastructure. On my visit to India recently, I was stunned at the level of underdevelopment of the country’s ports and interior roadways compared to the economic centers of China.

Unless massive investments are made in these areas, India’s competitiveness among emerging markets will be sure to suffer.

If, however, India manages to make the proper investments and stay the course, it will give its BRIC brethren lots to worry about--just take a look at the graph below: 

India's upward trajectory is hard to ignore. If you're interested in learning more about investing in or doing business in India, be sure to visit the Embassy of India Washington D.C. website. There you'll find a host of resources to set you on the right path. Of course, you can contact me directly and I'd be delighted to point you in the right direction.

What do you think? Is India poised to take the lead among emerging markets?

Trend to Watch: Although not the most likely scenario, it is possible that Indian growth could overtake China's within the next few years should China slow and India maintain its current pace.

-Santiago

Official World Holidays for 2010 (Cajun Nation Included)

Because my international practice involves working with folks all over the world, I keep a keen eye on world holidays and do my best to schedule my work around them.  This is one of the best ways I can show my respect for other cultures.

The folks overseas always appreciate the extra attention to detail and you will be amazed how far this will take you in building long term relationships. 

There are several big holidays coming up in the next several weeks that will temporarily slow or even halt  the business activities of several countries. The two biggest holidays take place in China and Brazil. China celebrates its New Year next week and Brazil Celebrates Carnival the week of February 22.  

For other international holidays be sure to download the 2010 World Holidays Guide. The guide lists the main holidays of over 43 countries.   I’m not sure why Brazil and India were not listed but here they are:

Brazil

January 1 - New Year's Day
February 26-27 - Carnaval
February 28 - Ash Wednesday
April 13* - Good Friday
April 21 - Tiradentes Day
May 1 - Labor Day
May 13 - Ascension Day
June 14* - Corpus Christi
September 7 - Independence Day
October 12 - Our Lady of Aparecida
November 2 - All Souls' Day
November 15 - Proclamation of the Republic
December 25 - Christmas

India

January 26 - Republic Day.
February 12 - Mahashivratri.
February 26 - Milad-Un-Nabi
March 28 - Mahavir Jayanthi.
April 2 - Good Friday.
Aprril 5 - Easter Monday.
April 28 - Buddha Purnima.
August 15 - Independence Day.
September 2 - Janmashtami.
September 10-11 - Id ul Fitr (End of Ramadan).
October 2 - Mahatma Gandhi's Birthday.
October 17 - Dussehra (Vijaya Dashami).
November 2 Guru Nanak's Birthday.
November 5 Deepavali or Diwali (Festival of Lights).
November 16- 17 - 17 Idu'l Zuha/Bakrid (Feast of the Sacrifice).
December 7 Muharram (Islamic New Year).
December 25 Christmas Day.
December 26 Boxing Day.

*Cajun Nation

February 7-28  - Super Bowl celebration and Mardi Gras

*With so much going on, New Orleans might as well be a sovereign nation for the moment. Don't event think about getting anything done there in the next few weeks. With the Saints' Super Bowl victory and Mardi Gras, February will be a month-long holiday for these folks.

        -Santiago

India Doubles Number of Billionaires: Will Its Proposed Business Laws Threaten Gain?

Recession? What recession? Business in India is booming. Forbes is reporting that India's Billionaire Club nearly doubled in the past year. According to the Forbes special report, India's 100 Richest, the nation is now home to 52 Billionaires, up from 27 last year. According to the report:

The combined fortune of India's 100 richest is $276 billion, almost one-fourth the country's GDP. That is well below the total worth of $775 billion for the 100 richest Americans, but well ahead of the equivalent sum for China's top 100. Although China has more billionaires--79 vs. India's 52--India's wealthiest are worth over $100 billion more than the $170 billion total net worth of their Chinese counterparts.

You can read more about India's good fortune in the Financial Times in the article India Billionaires Outstrip US Counterparts.

Proposed Business Laws May Undercut India’s Recent Performance

While India’s robust economy continues to outpace much of the world, proposed legislation may undercut its recent performance. Starting next month, the Indian Parliament is set to consider a major overhaul of the nation’s business laws. There are three legislative proposals in particular that will fundamentally change the way business is conducted in India. These proposals are the Goods and Services Act, the Companies Bill and the Direct Taxes Code.

  1. The Goods and Services Act: Slated to take effect in April, 2010, the Goods and Services Tax (GST) will abolish the 'central sales tax' and include services under 'value added tax' (VAT).  For the first time, state governments will be able to tax services. The GST will have a uniform tax rate structure throughout the country and will create a common market within India for the first time.
  2. The Companies Bill: Currently being examined by a parliamentary committee, the new bill seeks to overhaul several issues such as insider trading, independent directors, class action suits, public deposits, fair valuation, consolidation of financial statements, mergers & acquisitions and special courts.
  3. The Direct Taxes Code: India’s Income Tax Code is set for a major overhaul with the introduction of the Direct Taxes Code proposed to be launched by April, 2011.  In its current form, the Code proposes lower tax rates on the basis that lower rates improve compliance. However there are significant disagreement concerning income from salaries and capital gains; taxation of charitable organisations, minimum alternate tax based on assets and international taxation.

The Proposals Are Silent on Key Issues

While I welcome any change that will eliminate red tape, reduce tax liability and allow businesses to operate more efficiently, these proposed laws are silent on key issues. For example, how will state tax revenue be allocated to overhaul India’s impossibly overburdened infrastructure--considered among the worst in the developed world?

Also, does the introduction of the Direct Taxes Code translate into higher taxes on capital gains, assets and international taxation?  Finally, how will an overhaul of the securities laws impact the robust  pace of mergers and acquisitions—one of the primary mechanisms for business expansion and wealth accumulation?

Conclusion

The increase in the number of India's Billionaires is a sure sign of the nation's economic strength. However, the proposed business laws are silent on key issues that may affect the vitality of India's economy.  It remains to be seen whether the proposed changes will have an immediate impact on the growth of business in India.

 Trend to Watch: India will continue on its current path unless the proposals burden the business sector with higher taxes and increase restrictions in the securities markets.

Microfinance Programs Surge in India

While my posts are usually technical discussions centered on international business law, I'm going off topic today to write about a concept quickly gaining traction as a viable alternative to private banks in providing capital to impoverished entrepreneurs across the globe.

On a recent trip to India, I caught a glimpse of the future as I walked down Connaught Circle in downtown New Delhi. Entrepreneurs seemed to be everywhere providing an endless array of goods and services. This is the world imagined by Nobel Laureate Muhammad Yunus, founder of Bangladesh-based Grameen Bank, a microfinance organization that makes small loans to impoverished entrepreneurs without requiring collateral. 

My recent experience was echoed in an article in today’s Wall Street Journal. According to the article, Microlending in India Continues Macro Growth, Microlenders recorded a 60% increase in clients in India, to 22.6 million up from 14.1 million the previous year. In sharp contrast, the formal banking system in India recorded only 15% growth over the same period in the number of clients it serves.


As reported in the article, the surge in microloans has been fueled by a brisk flow of funds in the third quarter of this year, with about $130 million in global private-equity funds funneled into Indian microfinance institutions.

"In the middle of last year, we thought for a while the meltdown would strike this sector, but we've seen that it's been largely unscathed," said Vipin Sharma, chief executive of Access Development Services. "Growth is as frenetic as it was before."

Mainstream banks, in both the private and public sectors, are increasingly considering channeling funds into microfinance banks rather than directly to India's poor. Four public-sector banks and three private-sector banks entered microfinance this year, making for a total of roughly 30 banks invested in Indian microfinance. Total bank funding for microlenders nearly doubled to $2.526 billion from $1.281 billion in the year ended March 31 from the previous year.

As reported in Forbes, in the article, Microfinance Rides Out Turbulence, microfinance institutions have emerged as more stable than other comparable assets during financial crises. This is partly because their clients are not integrated into mainstream banking and currency markets and are therefore insulated from wild market swings.

Microlending may enjoy enormous success in India, but in other parts of the world, it has yet to flourish. In China, for example, the microlending concept has yet to take root, as reported in the article Microfinancing China in the Wall Street Journal. Let's hope that will soon change.

Emerging Market IPOs: 6 Risk Factors to Consider

The economic landscape in emerging markets such as Brazil, China and India are beginning to show signs of life. These “greenshoots” are taking the form of IPOs, which are a leading historical  indication that world markets are springing back to life.

Emerging Market IPOs on the Rise

As reported in the Financial Times in the article Santander Launches Brazilian IPO, the Spanish bank, launched an initial public offering of its highly-successful Brazilian outpost making it one of the world’s largest initial public offerings of the year.

In addition, the Wall Street Journal reported in its article, Sinopharm plans $1.2 Billion IPO, that Sinopharm Group Co., China's largest pharmaceutical company, will attempt to raise up to $1.12 billion in an initial public offering in Hong Kong.

Not to be outdone by Brazil and China, India plans as many as 40 initial public offerings on the Bombay stock exchange in the next few months according to this article in Businessweek.

Risk Factors

In reading about these recent deals, I was reminded that, as a corporate lawyer, I am primarily in the risk management business. When a client seeks my advice on the complex legal issues surrounding an emerging market transaction, I always stress temperance over exuberance.  While  it is easy for one to get carried away with an opportunity to participate in a major securities deal,  counsel must advise a client of all the major risk associated with the listing.  As I wrote in an earlier post, due diligence is an integral part of the process. This is particularly true of emerging markets since government oversight can fall short of the standards set by developed markets. Based on experience, market research and analysis, I’ve identified 6 risk factors which can undermine the IPO process in emerging markets:

  1. Potential conflicts of interest arising from the involvement of the candidates’ senior management in other competing but not openly disclosed businesses
  2.  Litigation history of IPO candidate and key principals being omitted or insufficiently described in the prospectus;
  3. Inaccurate statements of academic qualifications and technical expertise when describing senior management background and experience;
  4. Undisclosed tax liabilities – a significant problem;
  5. Undisclosed environmental problems or fines; and
  6. Undisclosed industrial labor disputes in outlying areas

Conclusion

The main objective in this risk analysis framework is to ensure that public information including offering documents contain all material information about the issuer and its financial condition, and that no important information is omitted or understated. Careful analysis of these 6 key risk factors will minimize the likelihood of one succumbing to misplaced exuberance.

 

Trend to Watch: As the pace of emerging market IPOs picks up, look for more investors to be misled by omission or understatement of material information