Tag Archives: disclosures

Adani hits back at Hindenburg, says it made all disclosures

  • Adani issues 413-page rebuttal to Hindenburg report
  • U.S. short-seller’s report sparked falls in Adani shares
  • Adani says complies with laws, necessary disclosures
  • Adani CFO confident $2.5 bln share sale will succeed

NEW DELHI, Jan 30 (Reuters) – India’s Adani Group issued a detailed riposte on Sunday to a Hindenburg Research report that sparked a $48 billion rout in its stocks, saying it complies with all local laws and had made the necessary regulatory disclosures.

The conglomerate led by Asia’s richest man, the Indian billionaire Gautam Adani, said last week’s Hindenburg report was intended to enable the U.S.-based short seller to book gains, without citing evidence.

For 60-year-old Adani, the stock market meltdown has been a dramatic setback for a school-dropout who rose swiftly in recent years to become the world’s third richest man, before slipping last week to rank seventh on the Forbes rich list.

Adani Group’s response comes as its flagship company, Adani Enterprises (ADEL.NS), pushes ahead with a $2.5 billion share sale. This has been overshadowed by Hindenburg’s report, which flagged concerns about debt levels and the use of tax havens.

“All transactions entered into by us with entities who qualify as ‘related parties’ under Indian laws and accounting standards have been duly disclosed by us,” Adani said in the 413-page response issued late on Sunday.

“This is rife with conflict of interest and intended only to create a false market in securities to enable Hindenburg, an admitted short seller, to book massive financial gain through wrongful means at the cost of countless investors,” it added.

Hindenburg did not immediately respond to a request for comment on the Adani response on Sunday.

Its report had questioned how the Adani Group has used offshore entities in tax havens such as Mauritius and the Caribbean islands, adding that certain offshore funds and shell companies “surreptitiously” own stock in Adani’s listed firms.

The research report, Adani said, made “misleading claims around offshore entities” without any evidence whatsoever.

Adani said on Thursday that it is considering taking action against Hindenburg, which responded on the same day by saying it would welcome such a move.

Hindenburg’s report also said five of seven key listed Adani companies have reported current ratios, a measure of liquid assets minus near-term liabilities, of below 1 which it said suggested “a heightened short-term liquidity risk”.

It said key listed Adani companies had “substantial debt” which has put the entire group on a “precarious financial footing” and that shares in seven Adani listed companies have an 85% downside due to what it called “sky-high valuations”.

Adani’s response stated that over the past decade, its group companies have “consistently de-levered”.

Defending its practice on pledging shares of its promoters – or key shareholders – the Adani Group said that raising financing against shares as collateral was common practice globally and loans are given by large institutions and banks on the back of thorough credit analysis.

The group added there is a robust disclosure system in place in India and its promoter pledge positions across portfolio companies had dropped from more than 50% in March 2020 in some listed stocks, to less than 20% in December 2022.

‘SAIL THROUGH’

The Hindenburg report, and its fallout, is seen as one of the biggest career challenges to face the billionaire, whose business interests range from ports, airports, mining and power to media and cement.

Adani’s response included more than 350 pages of annexes that included snippets from annual reports, public disclosures and earlier court rulings.

Hindenburg, Adani said, had sought answers to 88 questions in its report, but 65 of them were related to matters that have been disclosed by Adani portfolio companies in annual reports.

The rest, Adani said, relate to public shareholders and third parties, and some were “baseless allegations based on imaginary fact patterns”.

Hindenburg, known for having shorted electric truck maker Nikola Corp (NKLA.O) and Twitter, said it holds short positions in Adani companies through U.S.-traded bonds and non-Indian-traded derivative instruments.

Adani also responded to allegations by Hindenburg relating to the company’s auditors, saying “all these auditors who have been engaged by us have been duly certified and qualified by the relevant statutory bodies.”

Its response comes just hours ahead of India market opening, when the $2.5 billion secondary share sale begins its second day of subscription. Friday’s plunge took Adani Enterprises shares below the issue price, raising doubts about its success.

In a separate statement on Sunday, Adani Group’s chief financial officer Jugeshinder Singh said it is focused on the share sale and is confident it will succeed. He also said its anchor investors have shown faith and remain invested.

“We are confident the FPO (follow-on public offering) will also sail through,” he said.

Reporting by Aditya Kalra, Aditi Shah, Jayshree Upadhyay and Anirudh Saligrama in Bengaluru; Editing by Kevin Liffey and Alexander Smith

Our Standards: The Thomson Reuters Trust Principles.

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Former top intel chiefs silent after Musk Twitter disclosures

America’s top former intelligence officials were silent Saturday after the release of internal Twitter documents detailing how The Post’s bombshell revelations were censored by the social media company.

Leon Panetta, a former CIA director and defense secretary, John Brennan a former CIA director, Mike Hayden, a former CIA director, and Jim Clapper, a former director of national intelligence — who all once said The Post’s reporting had “all the classic earmarks of a Russian information operation,” — declined or did not respond to request for comment about whether the latest disclosures had changed their opinion.

A public statement was made in regard to the Hunter Biden emails.
James Clapper and other former intelligence officials were silent after the release of internal Twitter documents detailing how The Post’s bombshell revelations were censored.
AFP via Getty Images

The quartet made their allegations as part of an open letter denigrating The Post’s reporting as Russian misinformation which was signed by dozens of other longtime intelligence hands.

“Our experience makes us deeply suspicious that the Russian government played a significant role in this case,” the letter read. “If we are right, this is Russia trying to influence how Americans vote in this election, and we believe strongly that Americans need to be aware of this.”

Leon Panetta, a former CIA director, and defense secretary declined to respond about whether the latest disclosures changed his mind.

John Brennan, a former CIA director, once said The Post’s reporting had “all the classic earmarks of a Russian information operation.”

Mike Hayden, a former CIA director, has not commented on the latest disclosures.

Of the four, only Clapper has ever publicly addressed the letter, offering a vigorous defense to The Post in March.

“Yes, I stand by the statement made AT THE TIME, and would call attention to its 5th paragraph,” he said referring to an area of the letter where the signatories admit they do not have any material evidence of Russian involvement. “I think sounding such a cautionary note AT THE TIME was appropriate.”

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Berkshire shareholders vote to keep Buffett as chairman, reject climate disclosures

OMAHA, Neb., April 30 (Reuters) – Berkshire Hathaway Inc (BRKa.N) shareholders on Saturday rejected proposals to have an independent chair replace Warren Buffett, and require his company to disclose more about its climate-related risks and efforts to improve diversity.

Shareholders supported letting Buffett keep both the chairman and chief executive roles by a nearly 6-to-1 margin, Berkshire said at its annual meeting in Omaha, Nebraska.

Buffett, 91, has run Berkshire since 1965.

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The National Legal and Policy Center, a Berkshire shareholder, had said it was poor corporate governance for the legendary investor to retain both roles.

Its proposal gained greater attention when Calpers, which invested $460 billion on April 28 and is the largest U.S. public pension fund, expressed support, as it has at other companies.

Berkshire’s board, however, said Buffett should keep both roles. Buffett’s oldest son Howard Buffett, a Berkshire director, is expected to become non-executive chairman when his father is no longer in charge.

By approximately 3-to-1 margins, shareholders also rejected proposals to have the company disclose more about the climate-related risks, greenhouse gas emissions and diversity efforts in its dozens of businesses.

Berkshire’s board also opposed those proposals, saying its operating businesses already disclosed or appropriately managed environmental risks, and were committed to diversity, equity and inclusion.

The proposals faced long odds to pass, given Buffett’s control of 32% of Berkshire’s voting power. He owns approximately 16% of Berkshire’s stock.

Berkshire’s slate of 15 people to serve as directors won shareholder approval by an overwhelming margin.

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Reporting by Carolina Mandl and Jonathan Stempel in Omaha, Nebraska
Editing by Nick Zieminski

Our Standards: The Thomson Reuters Trust Principles.

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EXCLUSIVE U.S. regulator freezes Chinese company IPOs over risk disclosures

July 30 (Reuters) – The U.S. Securities and Exchange Commission (SEC) has stopped processing registrations of U.S. initial public offerings (IPOs) and other sales of securities by Chinese companies while it crafts new guidance for disclosing to investors the risk of a new regulatory crackdown by Beijing, according to people familiar with the matter.

Chinese listings in the United States have reached a record $12.8 billion so far this year, according to Refinitiv data, as companies swooped in to capitalize on the U.S. stock market reaching daily record highs.

Deal flow slowed down substantially this month after Chinese regulators banned ride-sharing giant Didi Global Inc (DIDI.N) from signing up new users just days after its blockbuster IPO. They followed up with crackdowns on technology and private education companies.

SEC commissioner Allison Lee said on Tuesday that Chinese companies listed on U.S. stock exchanges must disclose to investors the risks of the Chinese government interfering in their businesses as part of their regular reporting obligations. read more

The SEC has asked companies not to submit any registrations for the issuance of securities until it gives them specific guidance on how to disclose the risks they face in China, the sources said. It was not immediately clear how long this would take.

A spokesman for the SEC did not immediately respond to a request for comment.

The SEC’s move represents the latest salvo by U.S. regulators against corporate China, which has frustrated Wall Street for years with its reluctance to submit to U.S. auditing standards and improve the governance of companies held closely by founders.

The agency has been under intense pressure from U.S. lawmakers to take a tougher line. A group of senators including Republicans John Kennedy and Bill Hagerty wrote to SEC chair Gary Gensler this week urging “thorough investigations of U.S. listed Chinese companies’ concerning lack of transparency.”

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Last month, the SEC removed the chairman of the Public Company Accounting Oversight Board (PCAOB), which has been unsuccessful in a push to ensure independent auditing of U.S.-listed Chinese companies. The SEC is also under pressure to finalize rules on the delisting of Chinese companies that do not comply with U.S. auditing requirements.

Some 418 Chinese companies are listed on U.S. exchanges, according to Refinitiv. The S&P/BNY Mellon China Select ADR Index, which tracks the American depositary receipts of major U.S.-listed Chinese companies, has lost 22% of its value year-to-date, compared to an 18% rise in the S&P 500 index.

No major U.S. IPO of a Chinese company is in the works following Didi, as the business community in China tries to get to grips with the regulators’ intentions.

Chinese officials said last week they would bar tutoring for profit in core school subjects to ease financial pressures on families that have contributed to low birth rates, sending shockwaves through the country’s private education sector. This came on the heels of a broad crackdown on China’s massive internet sector amid concern in Beijing over the safety of the personal data of its citizens. read more

China’s securities regulator held a meeting with executives of top global investment banks on Wednesday to calm financial market nerves, people familiar with the matter told Reuters. Official policies will be rolled out more steadily to avoid sharp volatility in the markets, the regulator told the banks. read more

State-backed newspaper China Daily also said Beijing remained supportive of domestic companies seeking to list overseas, and that regulators would soon unveil measures to further open capital market to foreign entities.

Some Chinese companies canceled their U.S. IPOs this month proactively. LinkDoc Technologies pulled its offering to raise $211 million soon after Didi’s troubles emerged, while Hello Inc this week announced its U.S. listing plans were on hold. read more ,

Reporting by Echo Wang in New York, Scott Murdoch and Kane Wu in Hong Kong; additional reporting by Katanga Johnson in Washington, D.C.; editing by Greg Roumeliotis and Richard Pullin

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