Eight-year ban on Satyam can be reviewed, says World Bank

Giving some hope to crisis-ridden Satyam, the World Bank has said it could review the eight-year ban imposed on the company provided
the software exporter takes "corrective action".

A World Bank official said Satyam has to show it has again become a responsible vendor to do business
with, when asked whether the multilateral lending agency would relax the ban on the software exporter.

"The vendor would have to demonstrate (that) corrective action had been taken to address the original causes of the ... ineligibility," a World Bank official from Washington said in an emailed statement.

The official further said action should substantiate that Satyam is "again a responsible vendor with whom the Bank can do business".
The World Bank banned Satyam Computer Services for eight years in 2008 for providing "improper benefits" to Bank staff and for failing to maintain records relating to fees charged for sub-contractors.

Satyam has a strong case for a review of the ban since its old board and management have been changed after its disgraced founder Chairman B Ramalinga Raju admitted to fudging accounts to the tune of Rs 7,800 crore.

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SEBI seeks SC nod to gain access to Raju brothers

With Ramalinga Raju continuing to elude SEBI even after spending weeks behind bars, the market regulator on Monday moved the Supreme Court seeking permission to interrogate the tainted Satyam-founder on the Rs 7,800 crore fraud in the IT major.

In its request, SEBI said that it was constrained to approach the apex court for urgent relief related to the most serious financial scam that had large-scale national and international ramifications.

A bench headed by Chief Justice KG Balakrishnan allowed SEBI to mention the matter tomorrow after Solicitor General GE Vahanvati and counsel Pratap Venugopal submitted the market regulator’s request.

Meanwhile, in another significant development that may help Satyam Computers' potential suitor to get control of the IT company at an affordable price, SEBI today said that it would amend regulations governing open offer to ensure transparent pricing.

The SEBI move followed a request from Satyam Board in this regard to relax the norm of 26-week average price to make an open offer.

"It was decided to appropriately amend the regulations to enable a transparent process for arriving at the price for such acquisition," SEBI Chairman CB Bhave told reporters in Mumbai after the Board meeting.

SEBI at SC

The market regulator moved SC today seeking permission to interrogate Ramalinga Raju on the Satyam fraud after the Andhra Pradesh High Court last week deferred to February 9, hearing on its request to quiz the tainted ex-chairman and his brother Rama Raju.

SEBI had moved the High Court challenging a lower court order, which denied it permission to interrogate the Raju brothers, who were arrested by the state police on January 9 -- the day a SEBI probe team had summoned them to appear before it in Hyderabad.

The Raju brothers, along with Satyam's former CFO Vadlamani Srinivas, are now in judicial custody.

The 6th Additional Chief Metropolitan Magistrate, Hyderabad, had refused permission on the ground that SEBI was not an investigating agency and there was no provision in law under which it could interrogate the Raju brothers.

A probe team from SEBI had landed in Hyderabad on January 8, a day after Ramalinga Raju disclosed the massive accounting fraud in the IT company.

Challenging the High Court order, SEBI said that it had appointed an investigator after Raju confessed to accounting irregularities in a letter to Satyam's Board of Directors.

According to the market regulator, the High Court should have seen that the Raju brothers cannot use judicial custody as a shield to avoid probe by expert agencies.

SEBI further said that just as police apply for custody, any other agency can also apply for access or custody and the same can be granted and the refusal to permit SEBI even to record the statements of the accused while in the custody was "arbitrary, unreasonable and perverse".

According to SEBI, merely because investigations by different agencies like CID, Enforcement Directorate, Serious Frauds Investigation Office, Registrar of Companies etc may overlap, it cannot be said that they cannot investigate simultaneously pursuant to the power conferred on them under their respective statutes.

Stating that the scam in the NYSE-listed Satyam Computers was the worst in the country's history, the advocates said that the company's market capitalisation has fallen from Rs 15,000 crores to Rs 2,000 crores.

SEBI to amend open offer rules

Even as SEBI announced the move to amend regulations governing open offer, its chairman Bhave said that the amendments will be made not only for the Satyam case, but for all similar situations that may arise in the future.

The Board recognises that the issue needs to be dealt with in a general context and not as a specific case, Bhave said, referring to the Satyam request.

Though Bhave declined to give any timeframe for the amendments in pricing rule, he said: "We are aware about the urgency of the situation."

Engineering major Larsen & Toubro has increased its stake in Satyam to over 12 percent. If it crosses 15 percent, the company would have to make an open offer to purchase another 20 percent from the market.

Among the other decisions taken today, SEBI made it mandatory for listed companies to declare dividend on per share basis instead of percentage basis followed at present.

Besides, the regulator has reduced the timeline for the completion of bonus issue to 15 days if the shareholder approval is not required and to 60 days where the approval is required. At present, the timeline for this procedure is six months.

SEBI also decided to shorten the timeframe to announce the price band for IPO in today's Board meeting. With this, the price band should be declared two days prior to the opening of IPO.

The regulator has also upped the up-front margin to be paid by allottees of warrants to 25 percent as against 10 percent at present.

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Spice Group bids to acquire Satyam

B K Modi-led Spice group on Thursday made a formal bid to acquire scam-hit Satyam Computer, although engineering major Larsen & Toubro has been courting the IT company for a while now.

"Yes, we have given the letter of Expression of Interest to the interim board of Satyam for acquiring controlling stake," diversified Spice group chairman B K Modi said.

The company, sources said, has told the government- appointed board that it has proven management track-record and was hence most suited to turn around the IT company.

Spice group is into the entire domain of entertainment, BPO, IT, retail and mobile handsets business. No price has been discussed so far.

Engineering giant L&T had last week emerged as the front runner for Satyam, which is smarting from a Rs 7,800 crore accounting fraud disclosed by its founder Ramalinga Raju, by increasing its stake in Satyam to over 12 per cent through open market transactions on Friday.

L&T Chairman A M Naik had last Wednesday called on Corporate Affairs Minister Prem Chand Gupta, apparently to discuss its plans for Satyam, whose board met the very next day.

Incidentally, LIC, which has four per cent stake in Satyam and is also the single-largest shareholder of L&T, had said that was not averse to the idea of the IT firm's sale. The board had this week ruled out part sale of the company, saying it was not its mandate to do so at this stage.

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Seven suitors line up for Satyam Computers

New Delhi, Jan 29: Scam-hit Satyam Computer has been approached by as many as seven possible suitors, including private equity players, even as the company's investment bankers are trying to find the best match.
"So far we are aware of four (companies that have approached Satyam Computer). But we have heard that another two or three firms are also interested," Satyam Computer board member Tarun Das, who is also the chief mentor of industry body CII told reporters here.

Investment bankers are talking to everybody and finding out which firm is interested, what is the level of seriousness and are evaluating the proposal before getting back to the board. The process is likely to take six weeks, Das added.

Earlier this week, the board of Satyam Computer Services appointed Goldman Sachs and Avendus Capital as investment bankers and mandated Boston Consulting Group (BCG) to act as its management adviser.

Asked whether Satyam's founder Ramalinga Raju had inflated employee numbers as claimed by the Andhra Pradesh police, Das said: "We have done a head count using external agencies and we believe in the basis of investigation that we are well over 50,000 people in Satyam. So I do not think that there is any inflated numbers."

Earlier, Andhra Pradesh CID had claimed in a court that there were 13,000 ghost employees on the rolls of the IT firm, following which the human resources department of Satyam Computer Services conducted a verification of the head count.

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Raju created 300 firms to divert funds: Govt

The government said today that Satyam Computers' disgraced founder Ramalinga Raju created a network of about 300 companies and diverted funds from one company to another in a complex but carefully planned process.
"There has been an issue of siphoning (off of) funds. This is what we have understood from the information we have received from (the) RoC, SFIO and various other agencies (probing the Satyam case)," Union Minister of Corporate Affairs Prem Chand Gupta said in a TV interview.
Gupta said, "Our information is that there was a network of almost 300 compnaies and funds were diverted from one company to (another) and then to (a) third."
"So like this, it was a very complex process he had adopted," Gupta said, but added that "unless the investigation is complete we can't say what exactly happened".
Asked if it meant a carefully planned process to avoid detection, Gupta said, "...Well, to some extent I would agree with you that it was a carefully planned operation, but ... still what we personally feel it was a complex process."
Asked if other people might also be involved in the scam, Gupta said, "I feel there are other people involved."
"But if you go into the systematic inspection and investigation of the structure of the company, you come to the conclusion that the whole thing (revolves) around the Raju family only."

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Satyam board appoints new chairman; seeks funds

Hyderabad, Jan 17: The new board of fraud-hit Satyam Computer Services on Saturday cleared the name of TN Manoharan, as the group’s new chairman. According to reports, Manoharan is a former President of ICAI and also a part of the present Satyam board.
Amarchand & Mangaldas, Suresh A Shroff and Co have been appointed legal advisers to Satyam board. Where as Chartered accountants Brahmayya and Co of Chennai have been named internal auditors with immediate effect.

The decision in this regard was taken by the board members, who met to look for ways to raise new funds after both the government and the company rejected talks of a state rescue bid.

The Satyam board has decided to meet on weekly basis with each member taking turns to chair meeting.

However, the search for CEO and CFO still continues. The board is currently engaged in discussions with banks and financial institutions to address liquidity issue.

Discussions about the financial situation of the company in the backdrop of Ram Mynampati's SoS to the Corporate Affairs Ministry is expected to dominate the agenda, as also complaints from accounting regulator ICAI about the board's choice of auditor to restate Satyam's financials.

Ahead of the crucial board meeting Kiran Karnik, one of the six members of the newly constituted board of the crisis-ridden IT firm, said they may discuss the issue of funding as well as the appointment of CEO and CFO.

"The most important issue is funding.... I do think that if we can tie up some funding then it will give great comfort to the employees and to the customers...," Karnik told a TV channel.

Another board member Tarun Das said, “Our priority is to safeguard Satyam employees and customer interests.”

Satyam, India's No 4 software services exporter, has been battling for survival since chairman Ramalinga Raju suddenly resigned last week, revealing profits had been falsified for years and that USD 1 billion of cash on the books did not exist.

Media speculation of government aid has mounted as analysts questioned whether India's biggest corporate fraud had left the outsourcing firm with enough money to pay its 50,000 staff.

Meanwhile, NASSCOM has asked its members not to grab Satyam’s clients. Reportedly, several Satyam clients have got in touch with it.

But Economic Affairs Secretary Ashok Chawla told reporters on Thursday that the government was not looking at any direct support for the company or bailout "at this stage”.

Deepak Parekh, a senior banker and Satyam board member, said it had Rs 17 billion (USD 348 million) in receivables and may not need new funding if the money came in on time.

But Parekh added the board would consider bank loans if necessary.

However, reports suggested said that Satyam has not asked government for any financial aid. After the formation of the new Satyam board some banks have come forward and offered help to the troubled company. Earlier company’s new board had sought bank loans.

The government, which dissolved Satyam's previous board last week, appointed three new directors on Sunday and another three late on Thursday to help steer the company out of crisis.

Company Affairs Minister Prem Chand Gupta said the first impression from the new directors about the company is that its operations are sound and that "by and large" major customers were willing to remain with the firm.

"All these are steps in the right direction ... but they need to get a CEO and CFO in place first to run the company's daily operations. That should be a priority," said Gajendra Nagpal, chief executive of Unicon Financial.

The expanded Satyam board is yet to decide on the appointment of new CEO and CFO to bring back the company's operation to normalcy.

Although the board had appointed KPMG and Deloitte, ICAI had objected to the appointment of KPMG, since it is not the member of ICAI, which may also figure in the meeting.

Satyam's shares jumped as much as 40 percent on Friday to 28.40 rupees after the government doubled the size of the board, but the stock has still lost over 80 percent of its value since the massive fraud was revealed.

Many questions about the accounting scandal remain to be answered: how large is it, who benefited, and how did the perpetrators manage to conceal it for so long?

Even if Satyam escapes a near-term cash crunch, it faces a long road to recovery.

The new board will have to keep clients from defecting to Satyam's rivals, fend off a growing number of lawsuits over the scandal and try to rebuild investor trust.

Lazard Asset Management said in a notice to the stock exchange on Friday it had sold all of its 5.3 percent holding in Satyam through open market transactions on Thursday.

Satyam's clients include corporate giants such as Nestle and General Electric.

Satyam's founder Raju, his brother who was the managing director of the company and the former chief financial officer, have been charged and are being held in a jail.

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Employees face fallout of Satyam fiasco

Satyam's tag line is "Business Transformation. Together". In the last one week, its 50000 employees have seen their lives transformed in a way they never anticipated. If the Satyam I-card was once a coveted passport, now it seems banks and car dealers have become extremely wary of the Satyam brandname.

On Saturday, a day after Ramalinga Raju was arrested, CEO of Satnav Technologies Amit Prasad got two SMSes and a call from his three credit card agencies. All of them informing him that his credit card limit had been slashed by 80 to 90 per cent. Prasad suspects this is because the agencies perhaps still have his name as a Satyam employee even though he quit the company five years back.

"It is too much of a coincidence that three people call or SMS me on the same day and say your credit limit is slashed by 80 per cent. It is a case of people going overboard. Other examples are a pearl dealer saying discounts are no longer available on a certain identity card. If I am walking in with cash, why should that be there. If I am ready to pay cash for a car loan, why should I be denied a discount?'' he says.

The fallout of the Satyam fiasco is being felt by other IT professionals as well. In the last one week, many of them were reportedly asked to furnish their December salary certificate to banks that have extended home loans to them.

Vikram Kumar, director (India), MAQ Software, says: "A number of my friends told me that their project and HR managers are being contacted to ask whether they are viable and worth giving the credit cards and home loans.''

For Satyam employees, clearly the period of uncertainty is made worse by what seems to be the larger impact of working for what was one of India's most respected software companies.

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