MIRA INFORM REPORT

 

 

Report Date :

22.11.2012

 

IDENTIFICATION DETAILS

 

Name :

ASIAN PAINTS PPG PRIVATE LIMITED [w.e.f. 28.08.2011]

 

 

Formerly Known As :

ASIAN PAINTS PPG LIMITED

 

 

Registered Office :

6A, Shantinagar, Santacruz (East), Mumbai-400055, Maharashtra 

 

 

Country :

India

 

 

Financials (as on) :

31.03.2012

 

 

Date of Incorporation :

05.08.2011

 

 

Com. Reg. No.:

11-220557

 

 

Capital Investment / Paid-up Capital :

Rs.2.500 Millions

 

 

CIN No.:

[Company Identification No.]

U24110MH2011PTC220557

 

 

Legal Form :

Private Limited Liability Company

 

 

Line of Business :

Manufacturing of Paints. 

 

 

No. of Employees :

Information denied by the management.

 

 

RATING & COMMENTS

 

MIRA’s Rating :

B (39)

 

RATING

STATUS

 

PROPOSED CREDIT LINE

26-40

B

Capability to overcome financial difficulties seems comparatively below average.

Small

 

Maximum Credit Limit :

USD 7000

 

 

Status :

Moderate

 

 

Payment Behaviour :

Unknown

 

 

Litigation :

Clear

 

 

Comments :

Subject is a joint venture between Asian Paint and PPG Industries.

 

It is relatively new established company having moderate track record. Liquidity position of the holding company is strong. Fundamental are healthy. Trade relations are reported to be fair. Business is active. Payments are unknown.

 

In view of experience promoter company can be considered for business dealing at usual trade terms and conditions.

 

NOTES :

Any query related to this report can be made on e-mail : infodept@mirainform.com while quoting report number, name and date.

 

 

ECGC Country Risk Classification List – June 30, 2012

 

Country Name

Previous Rating

(31.03.2012)

Current Rating

(30.06.2012)

India

A1

A1

 

Risk Category

ECGC Classification

Insignificant

 

A1

Low

 

A2

Moderate

 

B1

High

 

B2

Very High

 

C1

Restricted

 

C2

Off-credit

 

D

 

 

INDIAN ECONOMIC OVERVIEW

 

India is developing into an open-market economy, yet traces of its past autarkic policies remain. Economic liberalization, including industrial deregulation, privatization of state-owned enterprises, and reduced controls on foreign trade and investment, began in the early 1990s and has served to accelerate the country's growth, which has averaged more than 7% per year since 1997. India's diverse economy encompasses traditional village farming, modern agriculture, handicrafts, a wide range of modern industries, and a multitude of services. Slightly more than half of the work force is in agriculture, but services are the major source of economic growth, accounting for more than half of India's output, with only one-third of its labor force. India has capitalized on its large educated English-speaking population to become a major exporter of information technology services and software workers. In 2010, the Indian economy rebounded robustly from the global financial crisis - in large part because of strong domestic demand - and growth exceeded 8% year-on-year in real terms. However, India's economic growth in 2011 slowed because of persistently high inflation and interest rates and little progress on economic reforms. High international crude prices have exacerbated the government's fuel subsidy expenditures contributing to a higher fiscal deficit, and a worsening current account deficit. Little economic reform took place in 2011 largely due to corruption scandals that have slowed legislative work. India's medium-term growth outlook is positive due to a young population and corresponding low dependency ratio, healthy savings and investment rates, and increasing integration into the global economy. India has many long-term challenges that it has not yet fully addressed, including widespread poverty, inadequate physical and social infrastructure, limited non-agricultural employment opportunities, scarce access to quality basic and higher education, and accommodating rural-to-urban migration.

Source : CIA

 

 

RBI DEFAULTERS’ LIST STATUS

 

Subject’s name is not enlisted as a defaulter in the publicly available RBI Defaulters’ list.

 

 

EPF (Employee Provident Fund) DEFAULTERS’ LIST STATUS

 

Subject’s name is not enlisted as a defaulter in the publicly available EPF (Employee Provident Fund) Defaulters’ list as of 31-03-2012.

 

 

INFORMATION DECLINED BY

 

Name :

Mr. Yogesh Gupta

Designation :

Accounts Manager

Contact No.:

91-22-30568700

 

 

LOCATIONS

 

Registered Office / Factory :

6A, Shantinagar, Santacruz (East), Mumbai-400055, Maharashtra, India  

Tel. No.:

91-22-39818591 / 39818000

Fax No.:

91-22-39818888

E-Mail :

customercare@asianppg.com

dipali.sheth@asianppg.com

 

 

Head Office :

158, Vidyanagari Marg, CST Road, Dani Wooltex Compound, Kalina, Santacruz (East), Mumbai-400098, Maharashtra, India

Tel. No.:

91-22-30568700/8800

Fax No.:

91-22-26528044/30568764

 

 

DIRECTORS

 

AS ON 18.06.2012

 

Name :

Jonothan Bryan Kennedy

Designation :

Director

Address :

Berth No. B43, Marina Discovery Bay, Lantau Island, Hong Kong

Date of Birth/Age :

18.10.1965

Date of Appointment :

05.08.2011

Din No.:

02413678

Other Directorship:

S.

No.

CIN/LLPIN

Name of the Company/ LLP

Current designation of the Director/ Designated Partner

Date of appointment at current designation

Original date of appointment

Date of cessation

Company/ LLP Status

Defaulting status

1

U27300MH1997PTC107023

PPG COATINGS INDIA PRIVATE LIMITED

Director

30/06/2009

08/12/2008

-

Amalgamated

NO

2

U24222TN2006FTC073663

PPG INDIA PRIVATE LIMITED

Director appointed in casual vacancy

31/12/2008

31/12/2008

21/01/2012

Active

NO

3

U24110MH2011PTC220557

ASIAN PAINTS PPG PRIVATE LIMITED

Director

05/08/2011

05/08/2011

-

Active

NO

4

U74120MH2012FTC225714

PPG INDUSTRIES INDIA PRIVATE LIMITED

Director

04/01/2012

04/01/2012

-

Active

NO

 

 

Name :

Mr. Manish Mahendra Choksi

Designation :

Director

Address :

C 1801/1802, Beaumonde, Appa Saheb Marathe Marg, Prabhadevi, Mumbai-400025, Maharashtra, India 

Date of Birth/Age :

12.09.1967

Date of Appointment :

01.08.2012

Din No.:

00026496

Other Directorship:

S. No.

CIN/LLPIN

Name of the Company/ LLP

Current designation of the Director/ Designated Partner

Date of appointment at current designation

Original date of appointment

Date of cessation

Company/ LLP Status

Defaulting status

1

U67120MH1979PTC021879

SATYADHARMA INVESTMENTS AND TRADING COMPANY PRIVATE LIMITED

Director

17/03/1993

17/03/1993

-

Active

NO

2

L99999GJ1978PLC022924

GUJARAT ORGANICS LIMITED

Director

23/05/1995

23/05/1995

30/03/2009

Active

NO

3

U15140MH1997PLC105499

RICINASH OIL MILL LIMITED

Director

29/01/1997

29/01/1997

-

Active

NO

4

U65990MH1986PLC039188

JATAYU INVESTMENTS LIMITED

Director

30/06/1998

30/06/1998

-

Amalgamated

NO

5

U33125MH1955PLC009700

TECHNICAL INSTRUMENTS MANUFACTURERS (INDIA) LIMITED

Director

12/02/2001

12/02/2001

-

Amalgamated

NO

6

U24200MH1997PTC105961

PPG ASIAN PAINTS PRIVATE LIMITED

Director

08/08/2007

08/08/2007

-

Active

NO

7

U45400MH2007PLC175925

MAXBHUMI DEVELOPERS LIMITED

Director

22/02/2008

29/01/2008

-

Active

NO

8

U72300MH2007PTC168184

GERMINAIT SOLUTIONS PRIVATE LIMITED

Director

30/09/2010

05/08/2010

-

Active

NO

9

L51900MH1982PLC026174

ELF TRADING AND CHEMICAL MANUFACTURING LTD

Director

27/07/2012

30/05/2012

-

Active

NO

10

U24110MH2011PTC220557

ASIAN PAINTS PPG Private Limited

Director

01/08/2012

24/07/2012

-

Active

NO

11

U74999MH2008PTC187222

BORDERLESS ACCESS PANELS PRIVATE LIMITED

Additional director

28/07/2012

28/07/2012

-

Active

NO

12

U74999MH2008PTC187219

INFORMATE MOBILE INTELLIGENCE PRIVATE LIMITED

Additional director

28/07/2012

28/07/2012

-

Active

NO

13

U72200KA2000PTC027548

CROSS-TAB MARKETING SERVICES PRIVATE LIMITED

Additional director

28/07/2012

28/07/2012

-

Active

NO

14

U93093KA2010PTC055871

BLUEOCEAN MARKET INTELLIGENCE SERVICES PRIVATE LIMITED

Additional director

28/07/2012

28/07/2012

-

Active

NO

 

 

Name :

Mr. Kanwar Bir Singh Anand

Designation :

Director

Address :

251, Kalpataru Heights, Sane Guruji Marg, Jacob Circle,  Mumbai-400011, Maharashtra, India  

Date of Birth/Age :

30.08.1955

Date of Appointment :

01.08.2012

Din No.:

03518282

Other Directorship:

S. No.

CIN/LLPIN

Name of the Company/ LLP

Current designation of the Director/ Designated Partner

Date of appointment at current designation

Original date of appointment

Company/ LLP Status

Defaulting status

1

L24220MH1945PLC004598

ASIAN PAINTS LIMITED

Managing director

25/06/2012

01/04/2012

Active

NO

2

U24110MH2011PTC220557

ASIAN PAINTS PPG PRIVATE LIMITED

Director

17/10/2012

24/07/2012

Active

NO

3

U24200MH1997PTC105961

PPG ASIAN PAINTS PRIVATE LIMITED

Director appointed in casual vacancy

15/08/2012

15/08/2012

Active

NO

 

 

KEY EXECUTIVES

 

Name :

Mr. Yogesh Gupta

Designation :

Accounts Manager

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

AS ON 18.06.2012

 

Names of Shareholders

 

No. of Shares

Asian Paints Limited, India

 

124997

Ashwin Choksi Jointly With Asian Paints Limited, India

 

1

Ashwin Dani Jointly With Asian Paints Limited, India

 

1

Abhay Vakil Jointly With Asian Paints Limited

 

1

PPG Industries Securities Inc., USA

 

124997

PPG Industries Securities Inc., USA Jointly With PPG Coatings (Hong Kong) Company Limited, USA

 

1

PPG Industries Securities Inc., USA Jointly With PPG Coatings (Malaysia) Sdn. Bhd. USA

 

1

PPG Industries Securities Inc., USA Jointly With PPG Coatings (Singapore) Pte. Limited, USA

 

1

 

 

 

TOTAL

 

250000

 

AS ON 01.08.2012

 

Names of Allottees

 

No. of Shares

Asian Paints Limited, India

 

13178

 

 

 

Total

 

13178

 

 

AS ON 18.06.2012

 

Equity Share Breakup

 

Percentage of Holding

Category

 

 

Foreign holdings [Foreign institutional investors, Foreign Companies, Foreign Financial Institutions, Non-resident Indian or Overseas corporate bodies or others]

 

50.00

Bodies corporate

 

50.00

TOTAL

 

100.00

 

 

BUSINESS DETAILS

 

Line of Business :

Manufacturing of Paints.  

 

 

GENERAL INFORMATION

 

No. of Employees :

Information denied by the management.

 

 

Bankers :

Not Available

 

 

 

Banking Relations :

--

 

 

Auditors :

 

Name :

BSR and Associates

Chartered Accountants

Address :

Lodha Excelus, 1st Floor, Apollo Mills Compound, N M Joshi Marg, Mahalakshmi, Mumbai-400011, Maharashtra, India

PAN No:

AADFB6889R

 

 

Ventures :

·         Asian Paints Limited

·         PPG Industries Securities Inc. USA

 

 

CAPITAL STRUCTURE

 

AS ON 18.06.2012

 

Authorised Capital :

No. of Shares

Type

Value

Amount

250000

Equity Shares

Rs.10/- each

Rs.2.500 Millions

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

250000

Equity Shares

Rs.10/- each

Rs.2.500 Millions

 

 

AFTER 18.06.2012

 

Authorised Capital : Rs.100.000 Millions

 

Issued, Subscribed & Paid-up Capital : Rs.92.712 Millions

 


 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

 

 

31.03.2012

SHAREHOLDERS FUNDS

 

 

 

1] Share Capital

 

 

2.500

2] Share Application Money

 

 

0.000

3] Reserves & Surplus

 

 

0.000

4] (Accumulated Losses)

 

 

(0.693)

NETWORTH

 

 

1.807

LOAN FUNDS

 

 

 

1] Secured Loans

 

 

0.000

2] Unsecured Loans

 

 

0.000

TOTAL BORROWING

 

 

0.000

DEFERRED TAX LIABILITIES

 

 

0.000

 

 

 

 

TOTAL

 

 

1.807

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

 

 

0.000

Capital work-in-progress

 

 

0.000

 

 

 

 

INVESTMENT

 

 

0.000

DEFERREX TAX ASSETS

 

 

0.000

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

 

 

0.000

 

Sundry Debtors

 

 

0.000

 

Cash & Bank Balances

 

 

1.618

 

Other Current Assets

 

 

0.515

 

Loans & Advances

 

 

0.000

Total Current Assets

 

 

2.133

Less : CURRENT LIABILITIES & PROVISIONS

 

 

 

 

Sundry Creditors

 

 

0.000

 

Other Current Liabilities

 

 

0.326

 

Provisions

 

 

0.000

Total Current Liabilities

 

 

0.326

Net Current Assets

 

 

1.807

 

 

 

 

MISCELLANEOUS EXPENSES

 

 

0.000

 

 

 

 

TOTAL

 

 

1.807

 


PROFIT & LOSS ACCOUNT

 

 

PARTICULARS

 

 

 

31.03.2012

 

SALES

 

 

 

 

 

Income

 

 

 

 

Other Income

 

 

 

 

 

TOTAL                        

 

 

0.044

 

 

 

 

 

Less

EXPENSES

 

 

 

 

 

TOTAL                        

 

 

0.737

 

 

 

 

 

 

PROFIT / (LOSS) BEFORE TAX

 

 

(0.693)

 

 

 

 

 

Less

TAX                                                     

 

 

0.000

 

 

 

 

 

 

PROFIT / (LOSS) AFTER TAX

 

 

(0.693)

 

 

 

 

 

Add

PREVIOUS YEARS’ BALANCE BROUGHT FORWARD

 

 

0.000

 

 

 

 

 

 

BALANCE CARRIED TO THE B/S

 

 

(0.693)

 

 

 

 

 

 

Earnings / (Loss) Per Share (Rs.)

 

 

(2.77)

 

 

KEY RATIOS

 

PARTICULARS

 

 

 

 

31.03.2012

PAT / Total Income

(%)

 

 

(1575.00)

 

 

 

 

 

Return on Total Assets

(PBT/Total Assets}

(%)

 

 

(32.49)

 

 

 

 

 

Return on Investment (ROI)

(PBT/Networth)

 

 

 

(0.38)

 

 

 

 

 

Debt Equity Ratio

(Total Liability/Networth)

 

 

 

0.18

 

 

 

 

 

Current Ratio

(Current Asset/Current Liability)

 

 

 

6.54

 


 

LOCAL AGENCY FURTHER INFORMATION

 

 

Sr. No.

Check List by Info Agents

Available in Report (Yes / No)

1]

Year of Establishment

Yes

2]

Locality of the firm

Yes

3]

Constitutions of the firm

Yes

4]

Premises details

No

5]

Type of Business

Yes

6]

Line of Business

Yes

7]

Promoter's background

Yes

8]

No. of employees

No

9]

Name of person contacted

Yes

10]

Designation of contact person

Yes

11]

Turnover of firm for one year

Yes

12]

Profitability for one year

Yes

13]

Reasons for variation <> 20%

--

14]

Estimation for coming financial year

No

15]

Capital in the business

Yes

16]

Details of sister concerns

Yes

17]

Major suppliers

No

18]

Major customers

No

19]

Payments terms

No

20]

Export / Import details (if applicable)

No

21]

Market information

--

22]

Litigations that the firm / promoter involved in

--

23]

Banking Details

No

24]

Banking facility details

No

25]

Conduct of the banking account

--

26]

Buyer visit details

--

27]

Financials, if provided

Yes

28]

Incorporation details, if applicable

Yes

29]

Last accounts filed at ROC

Yes

30]

Major Shareholders, if available

Yes

31]

PAN of Proprietor/Partner/Director, if available

No

32]

Date of Birth of Proprietor/Partner/Director, if available

Yes

33]

Voter ID No of Proprietor/Partner/Director, if available

No

34]

External Agency Rating, if available

No

 

SHARE CAPITAL:

 

The Company has been incorporated on 5th August, 2011, with an Authorized and Paid-up Share Capital consisting of 250,000 equity shares of Rs.10 each aggregating to Rs.25,00,000, held by Asian Paints Limited and PPG Industries Securities Inc. (50:50)

 

COMPANY PROSPECTS:

 

Asian Paints Limited (APL) decided to enhance its fourteen year relationship with PPG Industries Inc., USA (PPG), one of the world's leading coatings and specialty Products Company, in order to accelerate growth of the non-decorative coatings businesses in India. As part of this arrangement, APL and PPG have decided to enhance the existing presence In India by expanding the current 50-50 joint venture relationship, Asian PPG Industries Limited (APPG), by partnering in all segments of the coatings space in India except decorative coatings and also established the company, a second 50-50 joint venture, during the year.

 

The Company has filed a Composite Scheme for Merger and Demerger under sections 391-394 of the Companies Act, 1956 and other applicable provisions with the Hon’ble High Court of Judicature of Bombay in February 2012. Under the said Scheme, PPG Coatings India Private Limited (wholly owned subsidiary of PPG in India) and AP Coatings Limited (wholly owned subsidiary of Asian Paints Limited) will merge with APPG and thereafter, certain businesses will demerge into the Company. The sanction of the said Composite Scheme is subject to the approval of the Hon'ble High Court of Judicature at Bombay and such other approvals as may be necessary.

 

APPG currently services the Indian transportation coatings markets and this change will expand its scope to additionally service the industrial liquid, marine and consumer packaging markets and the Company will service the protective, industrial powder coatings, industrial containers and light industrial coatings markets. This would enable utilization of respective strengths in order to capture the growth in infrastructure development and globally driven markets in India.

 

 

 


CMT REPORT (Corruption, Money Laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

No records exist to suggest that subject is or was the subject of any formal or informal allegations, prosecutions or other official proceeding for making any prohibited payments or other improper payments to government officials for engaging in prohibited transactions or with designated parties.

 

3]         Asset Declaration :

No records exist to suggest that the property or assets of the subject are derived from criminal conduct or a prohibited transaction.

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                  None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                          None

 

6]         Records on Int’l Anti-Money Laundering Laws/Standards :

            Charges or investigation registered against subject:                                                          None

 

7]         Criminal Records

No available information exist that suggest that subject or any of its principals have been formally charged or convicted by a competent governmental authority for any financial crime or under any formal investigation by a competent government authority for any violation of anti-corruption laws or international anti-money laundering laws or standard.

 

8]         Affiliation with Government :

No record exists to suggest that any director or indirect owners, controlling shareholders, director, officer or employee of the company is a government official or a family member or close business associate of a Government official.

 

9]         Compensation Package :

Our market survey revealed that the amount of compensation sought by the subject is fair and reasonable and comparable to compensation paid to others for similar services.

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

 

 

 

CORPORATE GOVERNANCE

 

MIRA INFORM as part of its Due Diligence do provide comments on Corporate Governance to identify management and governance. These factors often have been predictive and in some cases have created vulnerabilities to credit deterioration.

 

Our Governance Assessment focuses principally on the interactions between a company’s management, its Board of Directors, Shareholders and other financial stakeholders.

 

 

CONTRAVENTION

 

Subject is not known to have contravened any existing local laws, regulations or policies that prohibit, restrict or otherwise affect the terms and conditions that could be included in the agreement with the subject.

 

 

FOREIGN EXCHANGE RATES

 

Currency

Unit

Indian Rupees

US Dollar

1

Rs.55.20

UK Pound

1

Rs.87.79

Euro

1

Rs.70.43

 

 

INFORMATION DETAILS

 

Report Prepared by :

TPT


 

SCORE & RATING EXPLANATIONS

 

SCORE FACTORS

 

RANGE

POINTS

HISTORY

1~10

4

PAID-UP CAPITAL

1~10

4

OPERATING SCALE

1~10

4

FINANCIAL CONDITION

 

 

--BUSINESS SCALE

1~10

4

--PROFITABILIRY

1~10

4

--LIQUIDITY

1~10

4

--LEVERAGE

1~10

5

--RESERVES

1~10

5

--CREDIT LINES

1~10

5

--MARGINS

-5~5

-

DEMERIT POINTS

 

 

--BANK CHARGES

YES/NO

YES

--LITIGATION

YES/NO

NO

--OTHER ADVERSE INFORMATION

YES/NO

NO

MERIT POINTS

 

 

--SOLE DISTRIBUTORSHIP

YES/NO

NO

--EXPORT ACTIVITIES

YES/NO

NO

--AFFILIATION

YES/NO

YES

--LISTED

YES/NO

NO

--OTHER MERIT FACTORS

YES/NO

YES

TOTAL

 

39

 

This score serves as a reference to assess SC’s credit risk and to set the amount of credit to be extended. It is calculated from a composite of weighted scores obtained from each of the major sections of this report. The assessed factors and their relative weights (as indicated through %) are as follows:

 

Financial condition (40%)            Ownership background (20%)                 Payment record (10%)

Credit history (10%)                    Market trend (10%)                                Operational size (10%)

 


 

RATING EXPLANATIONS

 

 

RATING

STATUS

 

 

PROPOSED CREDIT LINE

>86

Aaa

Possesses an extremely sound financial base with the strongest capability for timely payment of interest and principal sums

 

Unlimited

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

 

Large

56-70

A

Financial & operational base are regarded healthy. General unfavourable factors will not cause fatal effect. Satisfactory capability for payment of interest and principal sums

 

Fairly Large

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

 

Satisfactory

26-40

B

Capability to overcome financial difficulties seems comparatively below average.

 

Small

11-25

Ca

Adverse factors are apparent. Repayment of interest and principal sums in default or expected to be in default upon maturity

 

Limited with full security

<10

C

Absolute credit risk exists. Caution needed to be exercised

 

 

Credit not recommended

-

NB

                                       New Business

-

 

PRIVATE & CONFIDENTIAL : This information is provided to you at your request, you having employed MIPL for such purpose. You will use the information as aid only in determining the propriety of giving credit and generally as an aid to your business and for no other purpose. You will hold the information in strict confidence, and shall not reveal it or make it known to the subject persons, firms or corporations or to any other. MIPL does not warrant the correctness of the information as you hold it free of any liability whatsoever. You will be liable to and indemnify MIPL for any loss, damage or expense, occasioned by your breach or non observance of any one, or more of these conditions

This report is issued at your request without any risk and responsibility on the part of MIRA INFORM PRIVATE LIMITED (MIPL) or its officials.