Saurabh Mukherjea, Head of Indian Equities, Execution Noble,

The stock market being in the depressed state that it was in FY09, the incentives to massage earnings were muted.

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Recently my colleague, Bhargav Buddhadev, and I published a study showing that the quality of accounting has improved in India in the year following the Satyam-scandal. We rationalise this finding on the basis that with the stock market being in the depressed state that it was in FY09, the incentives to massage earnings were muted. Moreover, in an economic slowdown, such as the one seen in FY09, revenue and earnings growth is bound to slowdown and that reduces the scope for accounting tricks. Finally, based on what we heard from the audit community, we cannot rule out the possibility of creative accountants losing their nerve post-Satyam.

 
Three specific findings which emerged from our forensic accounting analysis surprised us:-
 
1. Large caps are deceptive: In FY08, large caps were the least risky segment of the market with the probability of a top 50 company (by market cap) finding its way onto our “blacklist of 50 worst companies” being 9%. In FY09, this probability had doubled to 18%. So in the space of a year, large caps went from being the least risky to being the most risky segment of the market. When we dug deeper, we found that on the accounting parameter on which the broader market had improved the most in FY09, cash conversion (i.e. the ability to turn profits into actual cash), the top 50 stocks had actually gone backwards in FY09 suggesting that some of India’s blue-chip stocks might be burning the midnight oil with their accountants.
 
2. Housing is a consistent outlier: In both FY08 and FY09, a single sector – Housing – constituted around 20% of our “worst 50 blacklist”. We stopped feeling surprised about this when we realised that the BSE (whose sectoral definitions were used for our analysis) defines “Housing” to include Real Estate, Construction and Cement stocks. For a variety of reasons (eg. the ability to book revenues well before a project is completed, the variety of expense items that can be capitalised, the ability to use SPVs to generate phantom revenues), Real Estate related companies enjoy enormous latitude when it comes to accounting.
 
3. Expense fiddles continue: The one accounting fiddle that makes sense in a bear market is cash pilferage via over-invoicing (to friends and relatives) of expense items clubbed under “other expenses”. We found that the ratio of “other expenses:revenues”  rose 1.2% points in FY09 (despite revenues rising by 21% in FY09 for our dataset and despite the tough economic conditions prevailing that year).
 
Having listened to a summary of our findings, one of our clients asked us, “Does any of this really matter? After all, isn’t it well known that lack of ethics can be a good thing in an emerging economy like ours.” So do corporate ethics really matter?
 
In Emerging Markets, it is probably unhelpful to search for management teams populated with saints since, to a considerable extent, the psychological characteristics required to be a successful entrepreneur in these markets do not lend themselves to spotless corporate governance track records. In fact, the question, “Are unethical companies good investments?” is not very interesting in the context of Emerging Markets because it is well known that unethical companies can be market beating investments for a variety of reasons (eg. they might have lower costs by flouting environmental restrictions, or lower tax payments by avoiding taxes, or privileged access to powerful politicians).
 
Even the question, “Can lack of ethics be turned into a sustainable competitive advantage?” is unlikely to intrigue Indian investors who know that certain companies have over the last 20 years shown that they can repeatedly influence the political and bureaucratic elite.
 
However, that still leaves two critical questions unanswered: (a) Will companies who are unethical in their pursuit of profits suddenly become ethical when it comes to giving shareholders a fair deal?; (b) Will companies who are unethical in their pursuit of profits become victims of other equally unethical companies?
 
The relevance of these questions in light of the events of the past year (and I am not just referring to Satyam) has convinced us that it is worth using forensic accounting to identify dodgy companies. Whilst the seductive share price performance of such companies is a strong lure, with the “capital raising window” wide open at present and with the stockmarket roaring away, corporate India’s incentive to resort to creative accounting in FY10 are greatly heightened in comparison to FY09.

 

Comments

Spiccy

Oh!! for god's sake, please stop referring to emerging market unethics and developed market ethics. We are sooo tired. Forgot about Lehman, Enron, Madoff???? All humans are same.. Greed.

amrit singh deo

nice and straightforward.

you think we may have a new 'think' in sectors undergoing consolidation?

my view is strategic overseas investors would pay a premium for sharp run businesses, in terms of governance & mgmt quality. with india +/ china being the flavour of the decade, the stakes (read payoffs) for indian promoters are too large/lucrative to ignore.

Ashish Abrol

Saurabh, You have picked up a very relevant subject to write about especially at a time when more regulation of the financial markets is gaining ground as a policy stance the world over.

I agree with your assertion that unethical companies may be able to outperform their more ethical peers in the short as well as long term. However, I don't agree with your assumption that companies necessarily make a choice between being unethical or ethical. What we may call unethical (such as your example about housing sector) is simply poor or inadequate policy governance framework put in place by legislators.

As we now very well know, the impact of the US recession could have been more tolerable or in a best case scenario even averted had better legislation been in place. Obama's banking plan announced recently aims to regulate some of the erstwhile unregulated areas of the markets. We know UBS wealth management just paid a huge fine to the US Govt. after admitting having helped clients wrongly save on taxes. My point is that man's ingenuity is almost always ahead of the other man's policy (who happens to be a legislator). Therefore, companies will continue to exploit loopholes as long as they exist. When you contrast those exploiting the loopholes with those who are not, it seems like a straightforward narrative of the unethical vs the ethical. I believe it is more than that.

I would call the companies you label unethical simply arbitraging policy loopholes. Creative accountants will always find a way to be one step ahead of the system and as an investor the trick is to know which policy loopholes are likely to be plugged before others. This is where the arbitrage lies and this an area where fund managers can make money by anticipating ahead of others.

Ashish Abrol

Subeer

Hi Saurabh,

Although your article pose some important questions, I think your questions are somehow leaning more towards the fact that it is better to be unethical. I fully understand that in many businesses it is very difficult to be saint and i credit that more to the red tapism within the govt and the system as a whole. Our govt. is not streamlined and in the last decade as much as people praise all the successive govts for their effort to grow the economy, it is no where comparable to its potential towards making the Indian business environment more conducive to growth which causes the unethical behaviour.

Also, a lot of the rules and regulations are so far dated that companies in the modern day do not have a choice but to find loopholes which many a times gets termed as "unethical practices". A good example would be the companies act which are so far dated.

I guess a good way of defining the above would be to make a distinction between "clean and required unethical behaviour" and "rotten unethical behaviour". Fidling with accounts would definitely fall under rotten unethical behaviour.

akanksha

really nice article.

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