DD
MM
YYYY

PAGES

DD
MM
YYYY

spot_img

PAGES

Home Blog Page 4355

Collapse of Silicon Valley Bank Sends Shock Waves to Many Indian Startups

0
FILE PHOTO: SVB (Silicon Valley Bank) logo and decreasing stock graph are seen in this illustration taken March 10, 2023. REUTERS/Dado Ruvic/Illustration

Due to the recent collapse of Silicon Valley Bank which acted as life support to so many startups, reports reveal that so many Indian startups have been severely impacted.

This collapse has sent shock waves in the Indian startup sector, which was already facing a funding problem.

Several venture capitalists disclosed that some Indian startups delayed withdrawing their funds from the bank because they do not have another U.S. banking account readily available. Many Indian startups are reported to be incorporated in Delaware to make it easier for them to raise capital from the U.S.

Several Indian startups such as One97 Communications & Bharat Financial Inclusion, Bluestone, and PayTM, who have exposure to SVB’s investments may now be worried that their raised funds are stuck.

This sudden collapse of SVB would no doubt have a ripple effect on India’s startup ecosystem, which could lead to a cash crunch for many firms, which would lead to delays in executing projects, cutting costs, or mass laying off employees.

SVB has been a major player in the Indian startup ecosystem, providing banking services and funding to many of the country’s most successful startups such as Zomato, Ola, and Flipkart.

The bank has also been instrumental in helping Indian startups expand into the US market, by providing them with the necessary infrastructure and support to set up operations in Silicon Valley. Nearly all Indian SaaS startups with a large presence in the U.S. banked with Silicon Valley Bank.

A US-based investor, who requested anonymity disclosed that he knew for a fact that many Indian firms had about $4-10 million parked in their Silicon Valley bank accounts. A group of Indian YC founders polled members about their exposure to SVB and found that more than 60 firms had over $250,000 stuffed in SVB.

Indian SaaS startups and those backed by YC who set up their companies in the US and raised their maiden round there often had SVB as their default bank. India’s head of Mirae Asset Ashish Dave said, “Uncertainty is killing them. Growth ones are relatively safer as they diversified”.

The collapse of Silicon Valley Bank has had a significant impact on startups’ finances, including a 30% payroll deficiency among Y-Combinator-backed companies exposed through the bank.

Founded in 1983, the bank had since been the go-to bank for startups and entrepreneurs in Silicon Valley and beyond.

SVB’s downfall can be attributed to a bank run, which is when a large number of depositors withdraw their funds from a bank all at once, due to fear of insolvency.

Silicon Valley bank was hit hard by the downturn in technology stocks over the past year as well as the Federal Reserve’s aggressive plan to increase interest rates to combat inflation.

SVB bought billions of dollars worth of bonds over the past couple of years, using customers’ deposits as a typical bank would normally operate.

These investments are typically safe, but the value of those investments fell because they paid lower interest rates than what a comparable bond would pay if issued in today’s higher interest rate environment.

The bank’s massive decline began late Wednesday, when it hit investors with news that it needed to raise $2.25 billion to shore up its balance sheet. This spurred customers to move in droves withdrawing a staggering $42 billion of deposits by the end of Thursday.

By the close of business that day, SVB had a negative cash balance of $958 million, according to the filing, and failed to scrounge enough collateral from other sources. Currently, those who still have their funds left with the bank face an uncertain timeline for retrieving their money.

Silicon Valley Bank’s Bank Run, Americans, Nigerians – And Why Humans Are Really The Same

1

Humans are the same. Americans. Nigerians. Indians. We’re just the same. What differs is our environment. And that environment shapes how we act, making it look like we’re different. Like  I have written many times, there is a liberation that comes when you land in Lagos from Europe or the Americas. The Lagos police officer stops you but you know that he wants some “goodies” knowing that a brother or sister is making into the country. Statistically, he knows you are 99.99% unarmed on the streets of Lagos, and he does not worry about that risk to his life.

Silicon Valley Bank is no more. The FDIC seized the assets of the bank, a fixture of the VC world and a prolific lender to the tech and life sciences sectors, on Friday, marking the largest bank failure since the height of the 2008 financial crisis.

Silicon Valley’s clubby world of venture capital investors and entrepreneurs plunged into panic on Thursday amid fast-spreading reports of financial trouble at one of the startup industry’s most important banks.

SVB announced a day earlier that it was selling off securities and seeking to raise billions in a public share sale to cover steep losses on its balance sheet. Shares of Silicon Valley Bank crashed by roughly 60% in regular trading on Thursday, while the bank’s tech clients scrambled to figure out whether to withdraw their deposits, sparking concerns of an old-fashioned bank run. (Fortune newsletter)

Less than 24 hours later, bank regulators stepped in to take control, and investors and founders alike are scrambling to figure out the best next move.

But in the United States with as many guns as burgers in a day, the police officer assumes you’re armed, and with that mindset, how he engages is transformed. Look deeper, the Lagos police officer has a more nuanced use of force because his risk model is well mitigated.

Why this? The collapse of a US tech-focused bank, Silicon Valley Bank, reminds me that we’re all the same. When Silicon Valley millionaires heard that the bank had a minor problem, they triggered a bank-run, and within hours the bank collapsed: “Within 48 hours, a panic induced by the very venture capital community that SVB had served and nurtured ended the bank’s 40-year run.”

Looking deep, if the bank had not carelessly disclosed that statement of capital inadequacy, it would still be here. Ideally, it had done the right thing by raising capital to cushion its liquidity. But it assumed that Silicon Valley founders, entrepreneurs and millionaires would understand its point: we raised small funds by diluting existing investors to clean our balance sheet; a really sensible call for a bank.

Like what an akara and corn seller will do in Lagos on bank rumours, when the startups heard that news, they went to the bank and said: “give me my money”. And the bank login froze; none could get in – and that was it.

Mark disclosed that even though the bank announced that they were selling long-term investments at a loss and investing in higher-yield investments to improve their financial metrics, he took that at face value, and strongly believes that they would get things sorted out, but unfortunately, it has been followed by the widespread panic which led to the collapse of the bank.

Within 48 hours, a panic induced by the very venture capital community that SVB had served and nurtured ended the bank’s 40-year run.

[…]

@btc_banker wrote, “Businesses withdrawing their deposits are behaving rationally, given the hysteria. Nobody wants to be the calm one holding the bag.”

@robertmclaws wrote, “If you have more than $250k at any single bank then your money is at risk if the bank goes south. SVB is a bank for VCs, not for startups. I would question ANY VC that is not advising their companies to minimize their risk and protect their runway.”

@MalibuAlex wrote, “The biggest risk to any company is running out of cash.Not having access to money is the same as running out, which could happen if there’s a run.Since it’s easy to move the cash out of SVB – and that lessens whatever unknown risk there is, why not do that?”.

Comment on Feed

Comment: Perhaps someone figured out their top three were cashing-out last month and spread the news that everything was not all sunshine at SVB.

My Response: That may not be a problem. Most publicly traded companies are required to have share sales planned weeks ahead, for executives. In other words, if you work at Apple, as an executive, and you want to sell,  there is a window you can only do that. The compliance team will schedule the sale. The goal is to avoid timing the market. I am hoping that was what happened here. Of course, they will explain that in the court as the trial lawyers are gathering!

Several Bad Actors in Venture Capital sector Destroyed Silicon Valley Bank, Says Investor Mark Suster

0

American entrepreneur and venture capitalist Mark Suster has recently disclosed that several bad actors in VC (venture capital) led to the collapse of silicon valley bank.

Mark Suster who still rates the bank as one of the biggest banks in the U.S. despite its present financial crisis, disclosed that more people in the VC community need to speak out publicly to quell the panic about Silicon Valley Bank. He stated that he believes the biggest risk to startups AND VCs (and to SVB) would be a mass panic which would further compound more problems for the bank.

Mark disclosed that even though the bank announced that they were selling long-term investments at a loss and investing in higher-yield investments to improve their financial metrics, he took that at face value, and strongly believes that they would get things sorted out, but unfortunately, it has been followed by the widespread panic which led to the collapse of the bank.

Within 48 hours, a panic induced by the very venture capital community that SVB had served and nurtured ended the bank’s 40-year run.

Mark who took to his Twitter handle to express his concerns via a thread wrote:

More in the VC community need to speak out publicly to quell the panic about Silicon Bank Valley. I believe their CEO when he says they are solvent and not in violation of any banking ratios & goal was to raise & strengthen balance sheet”

They announced that they are selling long-term investments at a loss and investing in higher-yield investments that improve their financial metrics. They are raising $2.25bn to stabilize their balance sheet. But they say they are not insolvent & I take at face value”

“I believe the biggest risk to startups AND VCs (and to SVB) would be a mass panic. Classic “run on the bank” hurt our entire system. People are making public jokes about this. It’s not a joke, this is serious stuff. Please treat it as such”.

“I have founders contacting me saying “I heard XYZ firm is saying pull all your cash” but until such time as anybody has public statements or confirmed private statements I think you should at least be cautious about what is being said. Lots of innuendoes”.

“I believe SVB is one of the 20 largest banks in the US. I do not believe the US government would like to see them fail. I know it is NOT in the Tech & VC’s interests to see them fail. I believe they could only fail if everybody panics so I would urge calm decisions based on facts”.

“I know some have already withdrawn money. I know some are advising this. I know it’s scary. More VCs need to speak up. It doesn’t matter exactly what banking solutions are chosen – what matters is that we don’t have or create mass hysteria”.

“Finally, I believe (but can’t say for sure) that the timeframe for their funding round is 7-10 days (not months) and that GA is also backing SVB.”

He further added that if the market can avoid panic, he believes things would settle quickly, with the hope that that would be the case eventually.

Commenting on his Tweet, only very few users agreed with his point raised while several others quite disagreed with him.

@btc_banker wrote, “Businesses withdrawing their deposits are behaving rationally, given the hysteria. Nobody wants to be the calm one holding the bag.”

@robertmclaws wrote, “If you have more than $250k at any single bank then your money is at risk if the bank goes south. SVB is a bank for VCs, not for startups. I would question ANY VC that is not advising their companies to minimize their risk and protect their runway.”

@MalibuAlex wrote, “The biggest risk to any company is running out of cash.  Not having access to money is the same as running out, which could happen if there’s a run.  Since it’s easy to move the cash out of SVB – and that lessens whatever unknown risk there is, why not do that?”.

Silicon Valley Bank’s downward spiral began late Wednesday when it informed investors with the unpleasant news that it needed to raise $2.25 billion to shore up its balance sheet. This spurred customers to withdraw a staggering $42 billion of deposits by the end of Thursday. Meanwhile, those who remained with SVB face an uncertain timeline for retrieving their money.

Silicon Valley Bank’s failure is reported to be the largest since Washington Mutual went bust in 2008, a hallmark event that triggered a financial crisis that hobbled the economy for years.

The 2008 crash prompted tougher rules in the United States and beyond. Since then, regulators have imposed more stringent capital requirements for U.S. banks aimed at ensuring individual bank collapses won’t harm the wider financial system and economy.

How To Become a Category-King In Your Market: Tekedia Mini-MBA

0

Join us at Tekedia Live, the Live Zoom session of Tekedia Mini-MBA, as we discuss the characteristics of great companies. If you can have those in your business, you become a category-king in your market. Zoom link in the Board. Meanwhile, we have opened registrations for the next edition of Tekedia Mini-MBA; go here, beat the early bird for big discounts .

The Concept of Nuisance, Understanding “Without Prejudice” Clause in Nigerian Law

0

The Concept of Nuisance Under Nigerian Law

In inter-personal co-existence, there are acts that may constitute a disturbance to another party’s peaceful enjoyment of their rights, especially in certain subject matters like land.

This is the rationale behind the legal framework governing Nuisance, which is a Tort that involves an act or acts that limit the rights of another person or a group of other persons. 

This article aims to look into Nuisance as a concept, with a focus on the topics of:-

– The definition of Nuisance under Nigerian Law.

– The types/categories of Nuisance & their ingredients under Nigerian Law.

– The legal & regulatory framework governing Nuisance in Nigeria.

– Examples of acts that would constitute Nuisance under Nigerian Law.

What is the definition of Nuisance under Nigerian Law?

Nuisance is defined by Nigerian Case Law as an act or omission which is an interference with or causing annoyance to a person in the exercise or enjoyment of :-

– A right belonging to a person as a member of the public.

– The ownership or occupation of last or some easement, profit, or other rights in connection with land. 

What are the categories of Nuisance under Nigerian Law?

Nuisance under Nigerian Law can be categorized into :-

Private Nuisance – Which is an act or omission constituting an interference with the rights of another person concerning the enjoyment of landed property ranging from peaceful occupation to noise pollution to a right of way on a shared road leading to his property. 

Public Nuisance :- An act or omission constituting an interference with a right belonging to a section of the public or the general public. 

What are the ingredients of Nuisance under Nigerian Law?

The ingredients of Nuisance are according to its categories which are:-

Private Nuisance

– An interference, typically continuous,  with another party’s rights concerning the enjoyment of land.

– An interference with the another party’s use of land.

– The offending party continuing with the act or omission constituting Nuisance even when asked to desist from doing so by the affected party.

– An act  capable of leading to harmful hazardous consequences suffered by an another party including but not limited to pollution, distress or a fetter on their rights to free movement. 

Public Nuisance.

– An act or omission constituting an instruction to the peace and comfort of a section of the public.

– An action causing an inconvenience and interference with a right enjoyed by the general public.

– An action causing an affront to public policies on morality & decency.

What are examples of specific acts or omissions that would constitute Nuisance?

Examples of acts or omissions that would constitute Nuisance include :-

– Blocking a road open to public use.

– Smoking obnoxious substances or narcotics within a shared residential area.

– Hosting unlicensed or unauthorized events within a residential area that would most likely cause noise pollution.

Commercial Dispute Resolution :- Understanding The “Without Prejudice” Clause in Business Communications Under Nigerian Law.

In several written or email business communications, it is not uncommon to see some messages marked with a conspicuous “Without Prejudice” phrase.

This phrase/clause, as casual and simple as it may seem, carries a lot of legal implications in business relationships and will be forming the focus of this article, with a deeper look at the topics of :-

– What the “Without Prejudice” phrase means and its supporting rationale.

– When the phrase will and will not be applicable.

– Exceptions to the “Without Prejudice” rule.

– A comparison of the “Without Prejudice” principle with the “Save as to cost” & “Subject to Contract” principles.

What exactly is the “Without Prejudice” principle and how did it come about?

The principle of marking documents as lacking prejudice (which in reality is actually a short form of the phrase “Without prejudice to proceedings”) is a Common Law principle serving as an exception to the principle of admission.

In the course of trying to amicably settle business or commercial disputes, there are written or email communications that may carry settlement offers that can be implied admissions of liability.

These settlement offers can be made before or during legal proceedings via litigation or alternative dispute resolution and are protected from being admissible as admissions of liability before a court by the law of evidence (in Nigeria, the Evidence Act of 2011) by virtue of being made in good faith. 

Hence when a business letter or official communication is marked with the phrase “Without Prejudice”, such a communication is protected from admissibility by law.

When will the principle of “Without Prejudice” be applicable ?

To invoke the prejudice principle, a settlement or negotiation offer MUST be made in the communication.

Would the prejudice principle still apply where a business letter or communication is not marked “Without Prejudice”?

Yes it would be applicable even in such a case as long as a settlement or negotiation offer was clearly conveyed in the communication.

What are the exceptions to the “Without Prejudice” principle?

The principle will not apply in the following situations :-

– Where there is an element of fraud or undue influence present in or responsible for the communication.

– Where a written communication marked “Without Prejudice” is tendered just to prove it was made and not to serve as proof of an admission of liability by its maker.

– Where it is tendered to prove a case of estoppel (stopping a party from reneging on an agreement) especially where the party to whom the communication was made acted on it.

– Where a party not involved in the communication as its maker or recipient seeks to tender it as evidence.

– Where the written communication does not contain an admission or settlement/negotiation offer.

What are the differences between the “Without Prejudice” principle & the principles of “Save as to cost” & “Subject to Contract”?

The principle of “Save as to costs” or “Without prejudice save as to costs” carries the same provision as the “Without Prejudice” rule except for the provision that such a communication would only be admissible in evidence regarding the issue of costs, especially where parties in a dispute agree that costs of legal proceedings should be borne by one of them. 

The principle of “Subject to Contract” on the other hand renders unenforceable & non-binding, any communication made except where pursuant to a contract being made and signed by the parties.