UFLEX AND THE PECULIARITY OF ETHICAL INVESTORS

By Research Desk
about 11 years ago

By Ruma Dubey

The peculiar case of Uflex is truly vexing. On one hand, the company is doing well, wherein for Q3Fy14, the flexible packaging company posted a 47% (YoY) jump in consolidated net profit at Rs.53 crore and this was due to global capacity expansion and increased uptake of packaging solutions. It expects Fy15 to be much better.

Yet, the promoter of the company, Ashok Chaturvedi makes news for all the wrong reasons. First was in 2001, when he was arrested by the CBI under the Prevention of Corruption Act for allegedly bribing a top excise department official. And then in 2010, he was once again sentenced to four years in prison by a CBI court in a 1994-95 Noida land scam case. The latest – yesterday the stock was beaten to pulp on news coming in of Income Tax raid at 37 of its premises, spread in nine cities. The officials found bogus sale worth Rs 100 crore along with unaccounted cash worth Rs 2 crore. The Director General of IT said that have so far they have detected 20-25 companies (associated with Uflex) which we suspect are bogus/dummy, where bogus sale of Rs 100 crore was shown. 

So how can an investor buy into such a ‘Jekyll and Hyde’ company? With two opposite faces, how can one face of being a financially sound company and the other of a dubious reputation go hand-in-hand? The Satyam story is still too fresh in our minds to ignore such signals. 21 foreign institutions/banks, 15 mutual funds and 66 FIIs together have a 7.68% stake in the company. If corporate governance is a big issue for consideration of investment, then where does this company fit in?  Will ethical investors ever buy into such companies?

Ethics, in simple English means doing what is morally right and if we stretch it further to the corporate world, it means being socially responsible. Thus ethical investing means putting money in companies which are socially responsible, which could embrace anything from being transparent, being environmentally conscious, being labor friendly; basically has very high disclosure norms when it comes to social, environment and corporate governance. Well, if that is the criteria then that leaves us with very little companies to invest in; maybe even less than what can be counted on fingertips.

We have certain community of people who do not invest in liquor, tobacco, leather, poultry, meat stocks as these are all considered to be “sins” as per their religious beliefs. That to some extent is “ethical” as they are doing what they think is morally right. Maybe corporate governance and transparency do not figure out in the list of ideologies. Like they may buy into a fly-by-night company like Austral Coke but not buy Bata. So calling “religious” investors ethical would not be right. Many club it together with “Shariah” stocks but it is not essentially so. In fact Shariah stocks can be a sub set of ethical stocks.

Ethical investors are against all things “vice” which means they do not put money in companies which work only for profit, under any cost. In fact there are mutual funds which have ethical funds and they have something like a “Devils Index” which operates on the logic that anything which makes profits, is a good stock to buy.

International Finance Corporation and a consortium of S&P, Crisil and KLD have formed an index - S&P environmental, social, and corporate governing (ESG) Index, which measures ESG practices based on quantitative as opposed to subjective factors. It evaluates the transparency, disclosure and management systems of companies.

This is more like investing with a conscience. And if we were to list a few of these ethical stocks, what could those possibly be? First and foremost, one name pops into the mind – Infosys, for its transparency and ditto for TCS and Wipro. And if you look at most of the MNCs, they would fall into the criteria for good corporate governance, being socially and environmentally more conscious. Other names which could figure would include Cairn India, Tata Global, Dr.Reddy’s, ONGC, HUL, Cipla, GlaxoSmithkline Consumer, Dabur, Marico. Tata Ethical Fund, which like Taurus Ethical Fund is more designed on “Shraiah” stocks, has a portfolio which includes stocks which are high on corporate governance like – Amara Raja, Lupin, Cipla, Maruti, Emami, NIIT, Cummins, Wabco, Kansai but it also includes mining stocks which are not necessarily environmentally friendly.

Yes, distinguishing ethical funds is indeed difficult as what could be high on corporate governance could be wrong on some other issue. Like RIL, it provides a more transparent set of numbers but its association with BP, which caused havoc in the Gulf Bay is not ethically right. Or for that matter Infosys, which is highest on all grounds but its recent row over H1B visas casts an ethical shadow.

So being a purist ethical investor might restrict your choices and also your returns. More importantly, ethics is a very subjective matter and the lines are blurred when it comes to making a choice. It would instead be wiser to ethically evaluate stocks. Like this Norwegian fund… it held a large chunk of Wal Mart shares. It once came to light that Wal Mart locks up its employees in stores/warehouses to look after the goods and an employee once crushed his leg but could not get out as the employees were not given the keys. The state owned Norwegian fund sold its entire holding of Wal Mart. It was no ethical fund, it just was ethical when it came to judging companies it held in its portfolio, was more socially responsible.

Thus it is best to be ethical when choosing stocks and not choose ethical stocks. So what about Uflex? Well, if corporate governance is high on your agenda, then this stock is surely not for you.

How to be ethical?

Be aware of the following warning signs:

No clear ownership structure and shareholder rights

Be aware if Minority shareholders or shareholder activists file complaints or make statements suggesting impropriety or a misalignment of interests with controlling shareholders

Dividends for the same class of stock are paid to the controlling shareholder ahead of minority shareholders.

AGM takes place at a date or location which is clearly inconvenient to its minority shareholders

Declared dividends are not paid within the stipulated time

Accounting statements are not declared at the right time

Changes in accounting policies are not explained

Auditors report is qualified

Material litigation and legal disputes against the company

Management has been involved in insider trading, conflicts of interest, corporate tax avoidance, bribery, money laundering, embezzlement and political lobbying.

Flouts environmental norms, pollutes, usurps farm land illegally, irresponsible waste disposal.

Negative or protracted employee or union relations issue, poor union relations.

Runs a “sweatshop” - child/forced/compulsory labor, excessive hours, minimum wage violations, unhealthy work environment

Faces human rights violation litigations