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CSIBL fails to pay Rs 68.547 million of TFCs to fund holders
KARACHI (July 11 2006): Crescent Standard Investment Bank Limited (CSIBL) Term Finance Certificates (TFCs), amounting to Rs 68,547,000, which matured on July 4, have not yet been paid to the fund holders, it is learnt.
Anjum Saleem, CEO of CSIBL, when asked why the Fund holders have not been paid the amount on maturity date, said that they were not able to pay the amount because of liquidity crunch the bank was facing. He, however, assured that the amount would be paid in a few days' time. (The prospectus regarding the TFCs stipulates a 'Grace Period' of seven days for payment).
It is unheard of that TFCs are not paid in time by any financial institution. It is further learnt that Alman Aslam, consultant to the CSIBL, is preparing a merger plan of CBIBL with Crescent Leasing and Javaid Vohra & Company, all of the Crescent Group. The proposal in this regard will shortly be submitted to the Securities and Exchange Commission of Pakistan (SECP).
The SECP has not yet finalised the enquiry report on CSIBL which it is conducting since September 2005 on the basis of the report prepared by A Ferguson & Company, and SECP's own diligence officers.
According to sources, SECP has passed an order against Crescent Standard Business Management (Pvt) Limited (CSBM) and its directors, namely Mehmood Ahmed and Siyyid Tahir Nawazish, under Securities and Exchange Ordinance 1969 directing it to compensate a sum of Rs 182.435 million, which is equivalent to the cumulative sum of price per share of CSIBL and Javaid Vohra & Company.
The SECP authorities have directed CSBM to pay Rs 182.435 million to Javaid Vohra & Company, within 30 days of the order passed by Arif Mian, Executive Director, and Securities Market Division (SMD) of SECP. The order was passed on June 22.
The order, spread over 11 pages, said that the matter arose out of two Show-Cause Notices (SCNs) of April 5, 2006 issued by the SECP to members of the Board of Directors of CSBM, namely Mahmood Ahmed and Siyyid Tahir Nawazish. Mahmood Ahmed is also Chief Executive of CSBM.
Brief facts of the case are that on February 1, 2006, CSBM sold 20 million shares of CSIBL through First National Securities to Javed Omar Vohra & Co Ltd, (JOV) @ Rs 12.00 per share, and another 4.5 million shares to JOV on February 3, 2006, through Dossalani Securities @ Rs 11.98 per share. Both CSIBL and JOV are listed public companies. Moreover, CSIBL and CSBM are associated companies as Mahmood Ahmed is a director of both CSBM and CSIBL. He also held the position of chief executive in both these companies at the time of aforementioned transactions.
On October 3, 2005, the Commission commenced inspection of the books and accounts of CSIBL and, in November 2005, communicated to the Board of Directors of CSIBL of critical information regarding mismanagement of books and accounts and unauthorised transactions undertaken by CSIBL, and the poor financial condition of CSIBL, asking it to explain and clarify the same.
In the light of the foregoing SCNs issued to the Board of Directors of CSBM comprising of only two directors, namely, Mahmood Ahmed and Siyyid Tahir Nawazish, the allegations against CSBM were summed up in the following manner:
(a) CSBM sold securities of CSIBL while being associated with CSIBL through common director and in possession of material non-public information related to CSIBL.
(b) CSBM sold to JOV 24.5 million shares ar Rs 12.00 and Rs 11.98 per share on February 1 and 3, 2006, respectively, and the share price of CSIBL declined to Rs 8.00 per share on March 13, 2006; and CSBM, by acting on material non-public information, illegally caused JOV to deal in securities of CSIBL in violation of section 15A of the Ordinance, thus avoided a loss and inflicted loss on JOV and its share holders.
Except one director of JOV, namely Mustaq Chappra, who was abroad, the following appeared personally before the Executive Director, Securities Market Division, SECP:
Javed Omer Vohra, Chairman/Director, JOV, Nasir Ayub, Director, JOV, Faud Nazir Kehar, CEO/Director, JOV, Nadeem Javed, Director, JOV, and S.M.Yusaf, Director, JOV.
After detailed hearing and having perused the reply and written submissions made by the CSBM directors to the SCN, the Executive Director, SMD is of the considered view that both members of the Board of Directors of CSBM, who were issued separate SCNs, ie Mahmood Ahmed and Siyyid Tahir Nawazish, "have contravened the provisions of section 15A of the Ordinance.
KARACHI (July 11 2006): Crescent Standard Investment Bank Limited (CSIBL) Term Finance Certificates (TFCs), amounting to Rs 68,547,000, which matured on July 4, have not yet been paid to the fund holders, it is learnt.
Anjum Saleem, CEO of CSIBL, when asked why the Fund holders have not been paid the amount on maturity date, said that they were not able to pay the amount because of liquidity crunch the bank was facing. He, however, assured that the amount would be paid in a few days' time. (The prospectus regarding the TFCs stipulates a 'Grace Period' of seven days for payment).
It is unheard of that TFCs are not paid in time by any financial institution. It is further learnt that Alman Aslam, consultant to the CSIBL, is preparing a merger plan of CBIBL with Crescent Leasing and Javaid Vohra & Company, all of the Crescent Group. The proposal in this regard will shortly be submitted to the Securities and Exchange Commission of Pakistan (SECP).
The SECP has not yet finalised the enquiry report on CSIBL which it is conducting since September 2005 on the basis of the report prepared by A Ferguson & Company, and SECP's own diligence officers.
According to sources, SECP has passed an order against Crescent Standard Business Management (Pvt) Limited (CSBM) and its directors, namely Mehmood Ahmed and Siyyid Tahir Nawazish, under Securities and Exchange Ordinance 1969 directing it to compensate a sum of Rs 182.435 million, which is equivalent to the cumulative sum of price per share of CSIBL and Javaid Vohra & Company.
The SECP authorities have directed CSBM to pay Rs 182.435 million to Javaid Vohra & Company, within 30 days of the order passed by Arif Mian, Executive Director, and Securities Market Division (SMD) of SECP. The order was passed on June 22.
The order, spread over 11 pages, said that the matter arose out of two Show-Cause Notices (SCNs) of April 5, 2006 issued by the SECP to members of the Board of Directors of CSBM, namely Mahmood Ahmed and Siyyid Tahir Nawazish. Mahmood Ahmed is also Chief Executive of CSBM.
Brief facts of the case are that on February 1, 2006, CSBM sold 20 million shares of CSIBL through First National Securities to Javed Omar Vohra & Co Ltd, (JOV) @ Rs 12.00 per share, and another 4.5 million shares to JOV on February 3, 2006, through Dossalani Securities @ Rs 11.98 per share. Both CSIBL and JOV are listed public companies. Moreover, CSIBL and CSBM are associated companies as Mahmood Ahmed is a director of both CSBM and CSIBL. He also held the position of chief executive in both these companies at the time of aforementioned transactions.
On October 3, 2005, the Commission commenced inspection of the books and accounts of CSIBL and, in November 2005, communicated to the Board of Directors of CSIBL of critical information regarding mismanagement of books and accounts and unauthorised transactions undertaken by CSIBL, and the poor financial condition of CSIBL, asking it to explain and clarify the same.
In the light of the foregoing SCNs issued to the Board of Directors of CSBM comprising of only two directors, namely, Mahmood Ahmed and Siyyid Tahir Nawazish, the allegations against CSBM were summed up in the following manner:
(a) CSBM sold securities of CSIBL while being associated with CSIBL through common director and in possession of material non-public information related to CSIBL.
(b) CSBM sold to JOV 24.5 million shares ar Rs 12.00 and Rs 11.98 per share on February 1 and 3, 2006, respectively, and the share price of CSIBL declined to Rs 8.00 per share on March 13, 2006; and CSBM, by acting on material non-public information, illegally caused JOV to deal in securities of CSIBL in violation of section 15A of the Ordinance, thus avoided a loss and inflicted loss on JOV and its share holders.
Except one director of JOV, namely Mustaq Chappra, who was abroad, the following appeared personally before the Executive Director, Securities Market Division, SECP:
Javed Omer Vohra, Chairman/Director, JOV, Nasir Ayub, Director, JOV, Faud Nazir Kehar, CEO/Director, JOV, Nadeem Javed, Director, JOV, and S.M.Yusaf, Director, JOV.
After detailed hearing and having perused the reply and written submissions made by the CSBM directors to the SCN, the Executive Director, SMD is of the considered view that both members of the Board of Directors of CSBM, who were issued separate SCNs, ie Mahmood Ahmed and Siyyid Tahir Nawazish, "have contravened the provisions of section 15A of the Ordinance.