Vincent Lingga , The Jakarta Post , Jakarta Thu, 09/17/2009 2:33 PM Headlines
The hotly debated, US$670 million bailout of Bank Century last November did at least one big thing right: The move didn't save the bankers and the shareholders. In fact, one of its former major shareholders, Robert Tantular, and its former deputy president, Hermanus Hasan Muslim, have been punished, though very lightly, with four years and three years in jail respectively.
The big problem, though, is that before the bailout of the publicly traded Bank Century, the bank was majority-owned by the investing public, with 57.16 percent equity holding. These shareholders were institutional and individual investors who each held less than 5 percent.
It is a big irony then that while the investing public lost their shirts after the central bank classified Bank Century as an insolvent and failed bank and immediately transferred it to the state-owned Deposit Insurance Agency (LPS), the money of the bank's depositors has remained safe.
Even if the bank had not been bailed out, its depositors would still have gotten back their deposits of up to Rp 2 billion ($200,000) per account - the maximum amount insured by the LPS.
The business rationale is that since the bank's capital equity was already negative (-35 percent) when it failed, the bank's shares automatically became valueless.
Article 40 of Law No. 24/2004 on the LPS also stipulates that once the LPS bails out a failed bank, it automatically wholly owns the bank, and that if the bank's equity capital is already negative when it is taken over by LPS, the old shareholders are not entitled to any proceeds from the eventual sales of the bank after restructuring.
However, this provision is not fair for Bank Century's investing public, especially because more evidence has surfaced indicating that it was largely Bank Indonesia's inadequate supervision and incompetent examiners that let the poorly managed Bank Century remain in operations until last November.
Proper enforcement of banking regulations should have seen Bank Century closed down or at least forced to be acquired or merged with a bigger bank as early as three years ago. Bank Indonesia's decision to let the bank in operations much longer thus amounted to a gross ignorance of toxic assets traded on the stock market.
Preliminary audits found it was major shareholders Robert Tantular and his relatives, with 22.13 percent, and two other individual investors - one from Saudi Arabia and the other one from the UK, with 20.70 percent - who controlled the bank management and allegedly robbed the bank. The two major foreign shareholders remain at large.
Simply put, the central bank's incompetent supervision put the investing public in the dark about the real condition of the bank. Had Bank Indonesia's examiners and the stock market watchdog (Bapepam) done their job properly, the investing public could have salvaged their investment or at least cut their losses by unloading their shares on the market long before the bank was put by the central bank under its special oversight on Nov. 6, 2008, or about two weeks before it went belly-up.
True, as the Companies Act stipulates, in the case of a company going bankrupt and eventually being liquidated, shareholders are the last entitled to make claims on any proceeds from the eventual sales of the bankrupt firm's carcass.
But since Bank Century has not been liquidated, the question then is, is it fair to let Bank Century's investing public lose every cent of their investment in the bank?
It is most urgent and imperative for the government to resolve this issue. Otherwise, no investors will again touch shares in mid-size banks on the stock market.
If this problem is not resolved once and for all, Bank Century will face a big risk of an endless string of lawsuits from investors, messy litigation that will adversely affect the restructuring of the bank and the LPS's plan to divest of its investment in the bank within three to five years, as required by law.
Bank Century, which had been beleaguered by negative publicity over the past weeks due to the controversy of its bailout last November, cannot bear another wave of bad news, let alone another bout of litigation.
Because Bank Century is already mired in lawsuits brought by several of its big depositors in relation to their purchases of Antaboga discretionary funds worth Rp 1.3 trillion ($130 million), which were marketed through the bank. The depositors have not been able to redeem Antaboga funds - issued by PT Antaboga Delta Securitas, formerly one of Bank Century's major shareholders, with a 7.50 percent holding - because the funds had allegedly defaulted.
It was in fact the default of the Antaboga funds that triggered the massive deposit withdrawals and precipitated Bank Century's severe liquidity crisis in early November, which eventually led to its insolvency on Nov. 20.
