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IL&FS Has 348 Entities, More Complex Than Expected, Says Board

New IL&FS Board meets for the first time to discuss the future roadmap.

Road construction takes place near the IL&FS building, in Mumbai, India. (Photographer: Abhijit Bhatlekar/Bloomberg News)
Road construction takes place near the IL&FS building, in Mumbai, India. (Photographer: Abhijit Bhatlekar/Bloomberg News)

Watch Full Press Conference

Who's Who On The New Board

IL&FS Has 348 Entities, More Complex Than Expected, Says Board

Message To Stakeholders

To all stakeholders, we will do what is in the right interests of the different categories of stakeholders. We’ll try and bring clarity. And the core message is we are here to rebuild trust and do it in an open, fair, objective manner. This, on behalf of all the board members, I would like to assure.
Uday Kotak, Non Executive Chairman, IL&FS

Quantum of Debt Obligations

If you read the debt obligations, those were as of Mar. 31. Obviously this is a moving target, we are looking at all obligations and financing raised by the company which includes different kinds of debt—secured, unsecured, bonds, loans, commercial papers. There are also other instruments like preference capital which sits between debt and equity. There are off balance sheet liabilities as well. It is difficult to establish the complete liabilities of the company.
Uday Kotak, Non Executive Chairman, IL&FS

'Will Take A Longer Time To Resolve Issues'

If the company had enough cash to pay its debts we would not be sitting here. Obviously we have a challenge. But after today’s meeting we have a sense of broadly what direction we need to go forward in.
We obviously understand that valuations may be different but we have a sense of the various alternatives that we can explore. But keep in mind for us to be able to assess a whole maze of 348 entities, more than double of what was the earlier assessment, it will take us a longer time.
We are evaluating options to ensure that the fair value of the asset and the enterprise is preserved to the maximum extent that we can do and find a fair resolution mechanism.
Uday Kotak, Non Executive Chairman, IL&FS

'Committed To A Fair Assessment'

The board is committed to an objective process of making a fair assessment of the facts. We’ve heard the management’s views which we’ve absorbed. We have to ensure that we make an assessment that is objective, and after a fair process.
Uday Kotak, Non Executive Chairman, IL&FS

'Not Satyam Part 2'

Kotak said that the current case is not comparable to Satyam because IL&FS is a financial markets intermediary but also present in the real world. “There are significant financial market challenges that make it a little different from directly comparing it with the Satyam situation. And the sheer size and scale of the asset is different.”

Nayyar called the comparisons “chalk and cheese”.

In case of Satyam it was a simple case of felony. The person stole the money, forged accounts. As bad as it was, I believe it was relatively simple. Here the complexity is greater. There is no evidence of felony, but putting it back on its feet will require efforts at multiple levels. Therefore you may not have such a clear cut solution.
Vineet Nayyar, Vice Chairman and MD, IL&FS

Discussions With Shareholders?

Kotak said that the current process being followed is that through the National Company Law Tribunal, which is independent of any communication with shareholders. However, they have established a stakeholder relationship committee which GN Bajpai will head.

We will be talking to shareholders at an appropriate time. The current focus today was much more about operating under NCLT process. At the same time taking more immediate steps which needed urgent attention of a board with an open mind.
Uday Kotak, Non Executive Chairman, IL&FS

Nand Kishore Appointed Chairman Of Audit Commitee

The audit committee would evaluate the accounting systems, internal audit, interact with statutory audit. Then we’ll see if some strengthening is required. This is the initial stage and all options need to be weighed.
Nand Kishore, Chairman of Audit Committee, IL&FS

'Legal Challenges Will Be There'

Legal challenges, in a situation like this, will be lots. The overall size of debt is significant and the structure is complex. And that is part of the challenge.
Uday Kotak, Non Executive Chairman, IL&FS

Fresh Look At Everything: Uday Kotak

Everything is looked at with a fresh pair of eyes. All board members have at some level had an advantage of looking at it with an open mind. There’s no history we carry with us. We have laid out options. We are now working on systematically fleshing out these.
Uday Kotak, Non Executive Chairman, IL&FS

Nayyar On IL&FS' Senior Management

We’ve hardly been here for 24 hours. Like in any company, there are some outstanding people and some not so good people in this company. We have no pre-determined view on any people. Our objective will be to create an enabling environment. However, I will not underestimate the challenges at hand. 
Vineet Nayyar, Vice Chairman and MD, IL&FS

First Objective: Roadmap

Our first objective is to work towards a comprehensive roadmap for the way forward, Kotak said. “We have listed down various options available to us. There are clearly two, three or four options available and you’ll see those unfold over the next few days and weeks.”

We have taken a number of views and also what further action we need to take.
Uday Kotak, Non-Executive Chairman, IL&FS

Group Larger Than Expected

The board was informed that there are 348 companies as part of the group, significantly larger than what we had thought, and that underscores the challenge, Kotak said.

Vineet Nayyar Appointed Vice Chairman and MD

The board has appointed Vineet Nayyar as Vice Chairman and managing director of the company, Uday Kotak said.

The Story So Far

The newly constituted board of Infrastructure Leasing & Financial Services Ltd. met today for the first time to discuss the road map for the beleaguered infrastructure financier.

That comes after the government superseded the previous board to take control after the National Company Law Tribunal's ruling.

IL&FS and its subsidiaries, with a combined debt of more than Rs 91,000 crore, defaulted on obligations multiple times in the last couple of months. It led to concerns about non-bank lenders as fears spilled over to the equity markets.

This is the first such rescue of a private company since 2009 when the government took control of the erstwhile Satyam Computer Services Ltd. and subsidiaries following India’s biggest accounting scandal. In fact, the government during its arguments cited the precedence of Satyam to press for immediate takeover of IL&FS.

The Ministry of Corporate Affairs said in a statement later that the “extraordinary step” was taken to prevent further mismanagement in order to protect public interest. The fact that the company continued to pay dividends and huge managerial payouts regardless of looming liquidity crisis shows that the management had lost total credibility, it said. There have also been serious complaints on some of the companies for which an investigation by the Serious Fraud Investigation Office has been ordered.

On Sept. 29, the ousted board of IL&FS had approved plans to raise funds through a rights issue and fresh lines of credit. The company had also announced that it would seek a moratorium under a provision of the Companies Act so that it can work out a revival plan that meets the needs of creditors and shareholders.