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The vultures are circling this property syndication carcass

26 October 2010 | People and Companies | News | Gareth Stokes

Have you ever played the popular building-block game called Jenga? It’s a multi-player game in which you build a tower out of 54 rectangular blocks. Each player takes turns to pull one block out of the structure and add it to the top of the tower. After each turn the structure becomes increasingly rickety before inevitably collapsing. The loser is the last person to “fiddle” with the blocks. If you replace these blocks with “wads of cash” you’re left with an interesting proxy for the property syndication game.

The players in this game are the thousands of investors lured into property syndication by market-beating returns. Each investor brings a line of fresh capital which is then applied to the property syndication’s activities. The trick is to use the steady flow of “new” cash to meet administrative expenses and commissions, make payments to developers and keep existing investors happy by meeting monthly interest obligations. Miss a few payments and the entire system becomes shaky, before landing in tatters at investors’ feet. This is more or less what happened at Sharemax Investments (Pty) Limited. Beginning August 2010 the outfit stopped making interest payments on some of its property syndications – and reined in the payments on others...

What went wrong?

While the group points fingers at the South African Reserve Bank and the financial media for its woes – blaming them for “scaring” new investors away – the truth is the company was unlikely to bring in enough capital to fund both Zambezi Retail Park and The Villa AND continue servicing market-leading interest commitments on all of its existing syndications. Whether the companies established to house each of the Sharemax syndications “conducted the business of a bank” is a moot point because financial difficulties were already looming. Setting regulatory issues aside the question that should be asked is how management gave the go ahead for a multi-billion rand shopping mall (such as The Villa) without financial guarantees in place?

Perhaps they drew confidence from the apparent success of their “build now / secure cash later model” in previous projects... My guess is Sharemax started taking strain months before the Reserve Bank investigated and ruled against them. And I’m willing to bet Sharemax’s directors harboured concerns over the long-term sustainability of their product from day one too!

What happens now?

I’ve been inundated with queries from readers for up-to-date information on investments in Sharemax syndications. The latest communication from Sharemax Investments (Pty) Ltd to the general public is dated 20 October 2010. They say: “We recognise and appreciate the interest in the progress [Sharemax] and the Reserve Bank appointed managers are making in terms of finding positive solutions for the investors in the different property syndication companies.” They (Sharemax) have promised to release a bi-weekly progress report to all interested parties. The best way for Joe Average to stay “up to date” on developments is to visit the Sharemax website (http://www.sharemax.co.za/) every fortnight or so – financial advisers will continue to receive their ‘once per week’ correspondence – and investors will receive statements and correspondence as usual.

Neels Alant, partner in law firm Hahn & Hahn and Jaco Spies, director of Facct Forensic Consulting have been serving as Reserve Bank-appointed managers since 16 September 2010. According to Sharemax their mandate “is to manage and oversee the repayment process.” How they tackle this process could be “make or break” for investors. If they’re forced to liquidate the individual syndications – as many investors are pressing them to do – investors will receive only a fraction of their investment. And there’s a risk the “viable” assets might go for a song too!

Investors are bottom of the pile again...

The Financial Mail, 22 October 2010 published “probable market values” for a selection of Sharemax retail centres – with some frightening conclusions. Writes Ian Fife: “Of the 38 syndications, probably fewer than 10 can be shifted smoothly into a listed vehicle and recover quickly.” He reckons at least 10 of the syndications owe more than they’re worth – and would leave investors with nothing in the event of a forced sale. Concerns over valuations have been confirmed by Sharemax’s decision to link future interest payments to actual rental incomes – with a significant decline in yields. The new yields suggest even unencumbered Sharemax syndications will sell for fractions of the capital invested.

Investors in Zambezi Retail Park and The Villa have additional hurdles to overcome. They’re still waiting for the former’s assets to be transferred into their names, while the latter has yet to be completed. Directors of Zambezi Retail Park (not Sharemax) and Capicol (the developer) will enter arbitration to agree the final settlement amounts so that the transfer to investors can take place. Investors in Zambezi Retail Park will then receive interest payments in line with actual net rental income received on the property. Sharemax is in discussion with various “interested parties” who may wish to “pick up” The Villa. Unfortunately for investors these “interested parties” will more likely fit the “circling vulture” than “white knight” bill!

Editor’s thoughts: Its early days in the Sharemax saga. The Reserve Bank-appointed managers will have their work cut out to determine how best to “settle” each of the property syndications. As things stand investors will receive much less “interest” income than they banked on… And they’ll be left with less capital should they choose (or be able to) exit their investments. Do you think Sharemax could’ve raised enough cash to fund The Villa to completion – and should I even be asking the question? Add your comment below, or send it to [email protected]

Comments

Added by Chris, 02 Nov 2010
Maybe this is not a "clever" question, but I would like to ask this: How is it possible that the Sharemax attorneys could pay Capicol if Zambezi has not been transfered in the names of the investors? If I buy a property I have to provide guarantees and the property is only transfered to my name once it has been registered and THEN the seller is paid. Shouldn't Weavind and Weavind be held co-responsible?
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Added by Richard, 27 Oct 2010
My question is this. There have been rumblings about the Sharemax saga for some time, refer to articles written by basson. However despite these articles and allegations the powers that be, FSB etc., did nothing. As far as I can recall the FSB in all there glory conducted a thorough investigation into the dealings and investment opportunities being offered by Sharemax and they to found NOTHING wrong with that which was being offered by Sharemax. Why now, all of a sudden is the investment vehicle that was offered by Sharemax found to be "illegal". Surely the FSB and other contollng bodies MUST be held accountable for not outlawing the Sharemax Syndication Facilities and bringing about warnings to the general public. After all there have been NUMEROUS "investments schemes" in the past which collapsed and the controlling authorities always say that it will never be allowed to happen again.
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Added by Rick, 27 Oct 2010
How on earth dies a one man brokerage do a due dilligence on a company like Sharemax. If 900 individual Brokers rock up at Sharemax's offices and tell them they want to coduct a due dilligence I think they are going to tell you to get knotted. Sharemax had a Prospectus approved by the Reg of Companies. Does the Registrar also not know what he is doing? That us why there is a regulatory body like Richard says. Brokers rely on the FSB, or at least they thought they could!! The FSB "AUTHORISED SHAREMAX" to operate as an "AUTHORISED FINANCIAL SERVICES PROVIDER" mmm...Well then they must be authorised if the FSB says so! Financial Services Provider License No 6153, Also Premium Product Registration No 25694. Short Term License Reg No 30833 and "SHAREMAX FUND MANAGER License Reg No 25694" Brokers are forced to register with the FSB and can only market products approved by the FSB as "AUTHORISED FINANCIAL SERVICE PROVIDERS" How can Brokers be held responsible and a huge Institution like the FSB responsible to approve Product Providers not be held accountable. R3131 per annum in Broker fees to the FSB surely should count for something or is it merely more job creation in SA. So far I have not been able to see a use for the FSB. I'm not being difficult! just think about it. Gerry Andersons R1.8 Million package alone needs 575 Brokers just to pay for it. He must then be a top guy able to run an Institution that is well able to investigate and approve Product Providers. If Sharemax lied to the Brokers then nail Sharemax. If the concept was solid "as the FSB approved them and we all believed it" and they did something wrong then they should answer. If the concept was flawed then why did the FSB not step in??? Why multiple FSB Licenses? The Broker can only go so far. The media is undoubtedly important, but Fin Week instead of creating an environment of responsible reporting merely went on a witch hunt "If it bleeds it leads" and now that the dust has settled what has actually been achieved? mmm...Well seems like the only ones to suffer are the Investors!!! If they had left them alone they will probably have reached target. Well done Fin Week! Bravo!
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Added by MVG, 26 Oct 2010
We spent a lot of money on Zimbali Lodge and Zebula Lodge and lost in lot in the process. This went via DJ Syndicate and I really hope that they would also be investigated. Their building abilities were frightening. Not even to mention the whole way they dealt with re-occuring problems along the way. They should not get away with the way they are doing business!
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Added by Rob Spendley, 26 Oct 2010
The sad thing is that property syndications are not bad things. Of course the way Sharemax was purporting that their business was syndicating property was absolute rubbish, they were running a pyramid scheme in the vein of Masterbond.
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Added by Harry Kalligiannis, 26 Oct 2010
History is littered with sorry saga's such as these. Astute financial advisors have steared their clients clear of these kind of investment opportunities, and investors should also take responsibility for their decisions. While the writing was on the wall at the start, responsible financial advisors must now deal with the fall out caused by those who did not properly apply their mind to the relative risks of the investment, including poor liquidity and returns not comensurate with the inherrant risk of investment. These investments should be considered business opportunities, rather than investments. I would like to see financial advisors involved been called to explain why they recommended the investment to their clients, and to provide details of any due diligence studies performed, if any.
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Added by Corne Bouwer, 26 Oct 2010
It is amazing to me that every person not involved with Sharemax is so keen to rubbish them now for running a "pyramid" scheme and professing that the writing was on the wall from the start. I wonder how many of these brokers, clients and other self professed "I knew it was going to happen" people actullay knows how Sharemax operated? How was it possible, if Sharemax was a pyramid scheme, for them to get an FSB licence? How was it possible for them to syndicate more than 35 buildings of which as far as I know, 18 have been sold for a profit? Each and every client, until end of July 2010 have received their promised monthly income. The clients who where invested in the buildings which where sold again, smiled big time. Not only did they get a very good monthly income, but they also received their capital back with some good growth. I ask these questions because I feel that Sharemax has been hard done by. They offered a good income generating product and made it very clear to all investors that it is not a liquid investment and recovering cash from your investment depended on the market. Depended on the sale of the building in which you invested your capital or the potensial investor out there wanting to buy the investment from you. They made mistakes, that is true, but they where not running a pyramid scheme. AND, if they did, God help us, why are nobody arrested yet, the offices locked up and forensic investigators going through their operations with a fine comb? Just asking.
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