An investigation into allegations that ICICI Bank has extended a loan with a potential conflict of interest raises questions over the bank's governance and creates reputational risks, according to Fitch Ratings. Other regulatory sanctions are also possible, depending on the outcome of the investigation, it added.
The global credit rating agency observed that the investigation could also undermine investor confidence in the bank, with potential implications for funding costs and liquidity in an extreme scenario, although its status as a systemically important bank implies it will benefit from some form of state support.
Fitch underscored that there is a potential risk of financial penalties as well as legal action if the investigation comes up with findings against the bank. “The allegation relates to a $500-million loan to Videocon Group, whose controlling shareholder co-founded a separate company with the spouse of ICICI's CEO. A significant portion of the loan has since become non-performing,” Fitch said.
ICICI's board has denied any wrongdoing, highlighting that the loan was underwritten in accordance with the bank's credit standards and was extended as part of a consortium involving over 20 banks. The bank has stressed that it has not given any credit to the borrower group outside of the consortium.
“Nevertheless, the presence of the bank's CEO on this credit committee - and the bank's reluctance to support an independent probe - have, in our opinion, created doubts over the strength of its corporate governance practices,” elaborated Fitch. The allegations come against a backdrop of high non-performing loans (NPLs) in the banking sector, some of which have been linked to fraudulent lending.
Fitch believes corporate governance at private banks such as ICICI is generally stronger than at state-owned banks due to better-qualified board members and more professional management. “Moreover, compensation structures at private banks are more performance-oriented, while a large and diversified investor base encourages greater management accountability. These assumptions could come under question if the investigations expose misconduct at ICICI,” said the agency.
Fitch said it will closely monitor developments, and would take appropriate rating action if risks to the banks' reputation and financial profile were to rise considerably. “That said, the banks' rating is underpinned by relatively strong capitalisation and profitability. Core capitalisation was 14.2 per cent in December 2017, among the highest in the sector.
“Losses on the loan in question would be unlikely to significantly undermine ICICI's financial profile - in particular, its core capitalisation would remain strong even if the loan were completely written off,” said the agency.
The CBI on Monday continued grilling ICICI Bank MD and CEO Chanda Kochhar’s brother-in-law Rajiv Kochhar for the fifth straight day.