Takeovers and mergers in the business world is not something new. All the sops have been developed for donkey years and any banker handling a takeover or merger would not have to sweat the small stuff to get this done effectively without compromising the interest of the taking over party. All liabilities of the other party would be on the table and any liabilities to be taken over would be clearly spelt out, no hidden liabilities, and if any, would not be the responsibility of the taking over party. This is elementary.
When DBS India was ordered to take over LVB, non voluntary, it has all the rights to refuse unless all the liabilities are taken care of by the Indian govt. There is no reason for DBS India to want to volunteer to take over a failed bank and to assume all its liabilities, known and unknown, including crimes committed by its management. DBS India does not have to do national service for the India in saving failed banks and customers. I am sure DBS India would have absolved itself of all unknown liabilities. With so many legal experts in their payroll, so many takeover and merger experts in the bank, this basic fiduciary duty must have been taken care of before accepting the deal to protect the bank from unseen losses. Or did they not? Then why not? It cannot be right?
What had happened after the announcement and after paying $460m, we are seeing a long queue of creditors lining up to take DBS India to court and to pay up for the debt and misconduct and crimes of LVB. And DBS India did not say no, none of its business but is seen engaging the claimants as if it is LVB and it has taken ownership of LVB's misconduct and crimes. Can this be true? Would Singaporeans be interested in this commitment? Any question in Parliament by the govt or the opposition MPs on this? Or is this less important than pets and dogs and dog poo?
Did DBS India make it a pre condition with the Indian govt that it should not be liable for LVB's liabilities and crimes if it is to take over the dying bank and pay a ransom for it? It cannot be that DBS India would be so happy to assume all liabilities and crimes of LVB and be responsible for them. What is the true position of DBS India on this? Were these considered before accepting the takeover?
It would be utterly ridiculous for DBS India to take over lock, stock and barrel, including liabilities and crimes of LVB, and the Indian govt now simply fold its arms and say it is now DBS India's baby.
What was the $460m for? Paid to who and paid for what? Why should an innocent party pay for the crimes of a rapist?
What do you think?