The Indian Banking scenario is going through unprecedented times with stressed loan portfolio. The portfolio of all Banks put together is more than 7 lakh crore which is > 10% of total advances and there is an apprehension that there could be significant additions too.
Realizing the problem RBI has come out with many changes and schemes to tackle such stressed accounts.
Here are come of the distress resolution solutions that you can look into.
RBI has issued an integrated regulatory framework for NBFCs under SBR providing a holistic view of the SBR structure, set of fresh regulations will come into effect from October 01, 2022
Enterslice has more than 100+ NBFC all types and you can ask our team for list and Take of an existing NBFC will help you in taking RBI's NOC prior Approval is mandatory for NBFCs for acquisition, shareholding transfer of 26% or more
For quick service click: https://enterslice.com/takeover-of-nbfc
GET FREE CONSULTANCY
Helpline: +91 9069142028
Email: info@enterslice.com
Website: www.enterslice.com
An Asset finance company which is a financial institution engaged in the principal business of financing of physical asset or movable assets and other economic activity such as Bus, Car , tractors , lathe machines, generator sets & manufacturing machine
An Assets finance company also provides short term working capital loan against against receivables, inventory i.e.
Assets finance company must generate 60% of its revenue from the aggregate of physical assets supporting the economic activity is not less than 60% of its total assets and total income respectively
Assets finance can be either deposit taking NBFC or non deposit taking NBFC
Assets finance can be registered with RBI with minimum net owned fund Rs. 200 Lakh
Making NBFCs relevant to ‘Make-in India’& ‘Start-up India, Stand-up India’ - ...Resurgent India
NBFC sector has garnered a lot of interest and deliberations of late with recommendations being made in the Committee reports or representations made by the NBFC industry players for the benefit of the NBFC sector as a whole. We have analyzed many of such reports and surveys to present the most pressing of such recommendations below:
RBI has issued an integrated regulatory framework for NBFCs under SBR providing a holistic view of the SBR structure, set of fresh regulations will come into effect from October 01, 2022
Enterslice has more than 100+ NBFC all types and you can ask our team for list and Take of an existing NBFC will help you in taking RBI's NOC prior Approval is mandatory for NBFCs for acquisition, shareholding transfer of 26% or more
For quick service click: https://enterslice.com/takeover-of-nbfc
GET FREE CONSULTANCY
Helpline: +91 9069142028
Email: info@enterslice.com
Website: www.enterslice.com
An Asset finance company which is a financial institution engaged in the principal business of financing of physical asset or movable assets and other economic activity such as Bus, Car , tractors , lathe machines, generator sets & manufacturing machine
An Assets finance company also provides short term working capital loan against against receivables, inventory i.e.
Assets finance company must generate 60% of its revenue from the aggregate of physical assets supporting the economic activity is not less than 60% of its total assets and total income respectively
Assets finance can be either deposit taking NBFC or non deposit taking NBFC
Assets finance can be registered with RBI with minimum net owned fund Rs. 200 Lakh
Making NBFCs relevant to ‘Make-in India’& ‘Start-up India, Stand-up India’ - ...Resurgent India
NBFC sector has garnered a lot of interest and deliberations of late with recommendations being made in the Committee reports or representations made by the NBFC industry players for the benefit of the NBFC sector as a whole. We have analyzed many of such reports and surveys to present the most pressing of such recommendations below:
This presentation outlines the historical, influences that came to shape our modern idea of cuisine along with the science that is helping us to understand how our sense of taste works.
The Insolvency and Bankruptcy Code 2016 - A Step ForwardSumedha Fiscal
The new bankruptcy law isn’t a “magic wand”. The main
challenge will be implementation-adequacy of infrastructure
and skilled pool of insolvency professionals, who will help
with the fast implementation of the law.
CII-Sumedha Fiscal has come out with this knowledge paper
with the objective to touch upon the key aspects of the Code
and lay bare the issues and challenges.
Emerging Trends in Corporate Finance - Corporate Debt Restructuring and Rece...Resurgent India
Under a corporate debt restructuring plan, the lenders give the company, the benefit of reduced interest rates and a moratorium period for repayment, and in some cases, lender even sacrifice a part of the principal amount.
Due to the worldwide outbreak of COVID-19, businesses across industry sectors are likely to go through an extended, though finite, period of reduced revenues and continuing fixed costs. Most businesses are likely to suffer large costs/losses. See More : https://www2.deloitte.com/in/en.html
Significant Judgments on Insolvency and Bankruptcy CodeSumedha Fiscal
Experts at Sumedha pieced together a significant judgment on insolvency and bankruptcy code. Read through to know what our experts have to say about this.
Reserve Bank Response to COVID-19 PandemicSumedha Fiscal
Swift & dynamic. But is the RBI’s response to the pandemic adequate? Read on to find out more in this exclusive presentation by Sumedha Fiscal Services.
Relief Measures by RBI and Banks to MSME, Real Estate and NBFC SectorSumedha Fiscal
In order to alleviate the economic pain widely caused by the global pandemic, RBI announces new measures. Here is a breakdown of the steps taken and what the future holds.
Key Disclosures In An Information MemorandumSumedha Fiscal
How do you ensure that your Information Memorandum has all the comprehensive and accurate information about the business. Here is a checklist to help you
Scope for Insolvency Professionals - Sumedha IBCSumedha Fiscal
The Bankruptcy and Insolvency Code creates time-bound processes for insolvency resolution of companies & individuals which thereby will help India improve its World Bank insolvency ranking. The code has opened new opportunities for professionals particularly Chartered Accountants. This presentation looks at the wide scope for Insolvency Professionals.
where can I find a legit pi merchant onlineDOT TECH
Yes. This is very easy what you need is a recommendation from someone who has successfully traded pi coins before with a merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi network coins and resell them to Investors looking forward to hold thousands of pi coins before the open mainnet.
I will leave the telegram contact of my personal pi merchant to trade with
@Pi_vendor_247
how to sell pi coins in all Africa Countries.DOT TECH
Yes. You can sell your pi network for other cryptocurrencies like Bitcoin, usdt , Ethereum and other currencies And this is done easily with the help from a pi merchant.
What is a pi merchant ?
Since pi is not launched yet in any exchange. The only way you can sell right now is through merchants.
A verified Pi merchant is someone who buys pi network coins from miners and resell them to investors looking forward to hold massive quantities of pi coins before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
what is the future of Pi Network currency.DOT TECH
The future of the Pi cryptocurrency is uncertain, and its success will depend on several factors. Pi is a relatively new cryptocurrency that aims to be user-friendly and accessible to a wide audience. Here are a few key considerations for its future:
Message: @Pi_vendor_247 on telegram if u want to sell PI COINS.
1. Mainnet Launch: As of my last knowledge update in January 2022, Pi was still in the testnet phase. Its success will depend on a successful transition to a mainnet, where actual transactions can take place.
2. User Adoption: Pi's success will be closely tied to user adoption. The more users who join the network and actively participate, the stronger the ecosystem can become.
3. Utility and Use Cases: For a cryptocurrency to thrive, it must offer utility and practical use cases. The Pi team has talked about various applications, including peer-to-peer transactions, smart contracts, and more. The development and implementation of these features will be essential.
4. Regulatory Environment: The regulatory environment for cryptocurrencies is evolving globally. How Pi navigates and complies with regulations in various jurisdictions will significantly impact its future.
5. Technology Development: The Pi network must continue to develop and improve its technology, security, and scalability to compete with established cryptocurrencies.
6. Community Engagement: The Pi community plays a critical role in its future. Engaged users can help build trust and grow the network.
7. Monetization and Sustainability: The Pi team's monetization strategy, such as fees, partnerships, or other revenue sources, will affect its long-term sustainability.
It's essential to approach Pi or any new cryptocurrency with caution and conduct due diligence. Cryptocurrency investments involve risks, and potential rewards can be uncertain. The success and future of Pi will depend on the collective efforts of its team, community, and the broader cryptocurrency market dynamics. It's advisable to stay updated on Pi's development and follow any updates from the official Pi Network website or announcements from the team.
Introduction to Indian Financial System ()Avanish Goel
The financial system of a country is an important tool for economic development of the country, as it helps in creation of wealth by linking savings with investments.
It facilitates the flow of funds form the households (savers) to business firms (investors) to aid in wealth creation and development of both the parties
BYD SWOT Analysis and In-Depth Insights 2024.pptxmikemetalprod
Indepth analysis of the BYD 2024
BYD (Build Your Dreams) is a Chinese automaker and battery manufacturer that has snowballed over the past two decades to become a significant player in electric vehicles and global clean energy technology.
This SWOT analysis examines BYD's strengths, weaknesses, opportunities, and threats as it competes in the fast-changing automotive and energy storage industries.
Founded in 1995 and headquartered in Shenzhen, BYD started as a battery company before expanding into automobiles in the early 2000s.
Initially manufacturing gasoline-powered vehicles, BYD focused on plug-in hybrid and fully electric vehicles, leveraging its expertise in battery technology.
Today, BYD is the world’s largest electric vehicle manufacturer, delivering over 1.2 million electric cars globally. The company also produces electric buses, trucks, forklifts, and rail transit.
On the energy side, BYD is a major supplier of rechargeable batteries for cell phones, laptops, electric vehicles, and energy storage systems.
The European Unemployment Puzzle: implications from population agingGRAPE
We study the link between the evolving age structure of the working population and unemployment. We build a large new Keynesian OLG model with a realistic age structure, labor market frictions, sticky prices, and aggregate shocks. Once calibrated to the European economy, we quantify the extent to which demographic changes over the last three decades have contributed to the decline of the unemployment rate. Our findings yield important implications for the future evolution of unemployment given the anticipated further aging of the working population in Europe. We also quantify the implications for optimal monetary policy: lowering inflation volatility becomes less costly in terms of GDP and unemployment volatility, which hints that optimal monetary policy may be more hawkish in an aging society. Finally, our results also propose a partial reversal of the European-US unemployment puzzle due to the fact that the share of young workers is expected to remain robust in the US.
Empowering the Unbanked: The Vital Role of NBFCs in Promoting Financial Inclu...Vighnesh Shashtri
In India, financial inclusion remains a critical challenge, with a significant portion of the population still unbanked. Non-Banking Financial Companies (NBFCs) have emerged as key players in bridging this gap by providing financial services to those often overlooked by traditional banking institutions. This article delves into how NBFCs are fostering financial inclusion and empowering the unbanked.
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the telegram id of my personal pi merchant who i trade pi with.
Tele gram: @Pi_vendor_247
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
Currently pi network is not tradable on binance or any other exchange because we are still in the enclosed mainnet.
Right now the only way to sell pi coins is by trading with a verified merchant.
What is a pi merchant?
A pi merchant is someone verified by pi network team and allowed to barter pi coins for goods and services.
Since pi network is not doing any pre-sale The only way exchanges like binance/huobi or crypto whales can get pi is by buying from miners. And a merchant stands in between the exchanges and the miners.
I will leave the telegram contact of my personal pi merchant. I and my friends has traded more than 6000pi coins successfully
Tele-gram
@Pi_vendor_247
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
3. • As its commonly known Indian Banking scenario is going through
unprecedented times with stressed loan portfolio touching all time
high.
• As per Public Data available Distressed Loan portfolio of all Banks
put together is more than 7 lakh crore which is > 10% % of total
advances
• There is an apprehension that there could be significant additions as
many stressed loan accounts have been disguised as standard.
• Realizing the problem RBI has come out with many changes and
schemes to tackle such stressed accounts
• Most significant of which is withdrawal of assets classification
benefit upon restructuring. Prior to 1st April 2015 Banks were
allowed to restructure a Loan and retain standard assets class subject
to certain conditions.
5. RBI definition of a Restructured account.
“A restructured account is one where the bank, for
economic or legal reasons relating to the borrower's
financial difficulty, grants to the borrower concessions that
the bank would not otherwise consider. Restructuring
would normally involve modification of terms of the
advances / securities, which would generally include,
among others, alteration of repayment period / repayable
amount/ the amount of instalments / rate of interest (due
to reasons other than competitive reasons).
Restructuring can happen before COD or post COD
6. Due to delay in implementation
› Change in repayment period due to change in COD is not counted as
restructuring if change in COD is upto 2 years for infrastructure
projects and upto 1 year for other projects
› Further extension by 1 years is allowed without account being
considered as NPA. However account is to be treated as restructured.
Application for extension should come before end of original COD.
› One more year of extension is allowed if delay is due to arbitration
proceedings or a Court case
Due to cost overrun : Change in repayment schedule due to over run
not to be treated as restructured if
Increase is on account of change in scope and size
Increase is more than 25% excluding cost over run
Bank does fresh viability study
Rating is not downgraded by more than 1 notch
7. Weak management
Promoters integrity : Siphoning of funds
Increase in Interest cost due to increase in interest burden
Over optimistic projections
Over leveraged positions
Debt trap : Fresh debt to meet debt servicing
Banks not extending required support in time
Promoters inability to bring Equity
Erosion of working Capital funds due to losses and repayments
burdens
Dressing up of Balance sheet by hiding losses and inflating current
assets
Non availability of raw materials labour etc.
8. Change in exchange rate and unhedged position
Delay in receipt of government approvals
Change in Industry fortunes. Some examples
› Cut in Govt spending : Infra
› Incentives by Govt to new Industries : Textile incentive scheme by
Rajasthan Gujarat MP Maharashtra etc
› Global competition : Steel
› Govt inability to take reforms : Power
› Excess supply : Sugar
› Global slowdown : Ready made garments
› Upgradation or invention of new Technology
9. Restructuring
One Time Settlement
Reference to BIFR
Deferring the
Decision
Stake Sale
Assets Sale
Assets debt swap
Restructuring
One Time Settlement
Sale/Assignment to
ARC
Recovery through
DRT
Enforcement through
SARFAESI
Assets debt swap
Borrower Lender
12. The scheme of CDR was put in place
by RBI In August 2001 to devise a
system where restructuring of large
corporate exposure from multiple
banks could be carried out.
The scheme was framed based on the
mechanism prevalent in countries like
the U.K., Thailand, Korea, Malaysia etc.
It has a 3 tier structure -
CDR Cell –initial scrutiny of proposals
Empowered Group (EG)-decides
whether to take up the restructuring or
not and approves restructuring plan by
CDR Cell
Standing Forum-lays down policies &
guidelines to be followed by CDR Cell
&EG
To ensure timely &
transparent mechanism for
restructuring debts of viable
corporate entities facing
problems for the benefit of
all concerned.
To aim at preserving viable
corporates that are affected
by certain internal and
external factors
To minimize the losses to
creditors and other
stakeholders through an
orderly and coordinated
restructuring programme.
13. Loan assets with an aggregate debt outstanding (inclusive of non fund
limits) of Rs 10 crore and above and involving at least two lenders.
The case may be referred by a lender with exposure of minimum 20% by
value. A corporate can also refer its case with letter of support from a
lender or lenders with exposure of 20% by value.
Reference of any account / case to CDR Cell is asset classification neutral.
Asset of any class can be admitted subject to certain specific stipulations.
Other stipulations regarding minimum margin from the Promoters,
Personal Guarantee of Promoters, Pledge of promoters holding etc have to
be observed.
Cases of fraud and misfeasance are ineligible.
Cases of willful default may be considered if permitted by Core Group
depending on case specifics.
BIFR cases are eligible subject to approval of Core Group and with certain
additional conditions.
14. Promoter’s contribution minimum 25% of sacrifices or 2% of debt
restructured, whichever is higher.
80% to be brought in upfront and balance 20% within 1 year
Personal guarantee of the Promoter Directors
Pledge of promoter’s shareholding
Pooling of securities. Specific Securities provided to any lender to be
excluded
Right of equity conversion in case of default
Right to accelerate the repayment schedule if the cash flows permit
Right of recompense – has to be calculated at the time of admission and to
be disclosed in audited financials
Decision of 75% in value and 60% in numbers binding on all
Events of default : Default in payment/violation of undertakings/Fail to
renew insurance policies/withholding or providing misleading
information/capex without approval/withdrawal of unsecured
loan/diversion of funds/sale of assets without approval etc.
15. Particulars CDR BILATERAL
No of lenders Minimum 2 No restriction
Quantum of Loan Minimum 10 crore No restriction
Super Majority Clause Yes No
Assets classification
benefit*
Yes if implemented
within 120 days from the
date of filing of Flash
Report
Yes if implemented
within 120 days from the
date of application by
the borrower
Stand Still Clause Exists Doesn’t exist
Promoters contribution Higher of 25% of
sacrifice or 2% of debt
Higher of 20% of
sacrifice or 2% of debt
*Regulatory forbearance regarding asset classification benefit has been
withdrawn for all restructurings effective from 1 April, 2015.
17. Before NPA, banks are required to identify incipient stress
under following categories of Special Mention Account (SMA) :
RBI came out with a circular in Feb 2014 about compulsory
formation of Joint Lenders Forum (JLF) mechanism in SMA – 2
Account with the aim to ensure that banking system recognise
financial distress early, takes prompt steps to resolve it, and
ensures fair recovery for lenders and investors
Category Basis for classification
SMA-0 Overdues less than 30 days but signs of incipient stress
SMA-1 Principal or interest payment overdue between 31-60 days
SMA-2 Principal or interest payment overdue between 61-90 days
18. RBI has formed a Central Repository of Information on Large
Credits (CRILC)
Banks are required to report Credit information of all accounts
including classification of account as SMA to CRILC for exposure ≥
Rs. 5 crore
Upon report by any lenders to CRILC as SMA-2, banks should
mandatorily form JLF if aggregate exposure (AE) ≥ Rs 100 crore.
Lenders have option of forming a JLF even when AE in an account
is < Rs 100 crs and/or when the account is reported as SMA-0 or
SMA-1
A borrower may request the lender/s, with substantiated grounds,
for formation of a JLF on account of imminent stress.
19. JLF has to consider and decide one of the following Corrective Action Plan
(CAP) to resolve the stress in the account.
Rectification
Restructuring
Recovery
Corrective
Action
Plan
20. Consider the possibility of restructuring the account if it is prima facie viable
and the borrower is not a willful defaulter.
•Obtain commitment from the borrower supported with identifiable cash flows.
•Possibility of getting equity/Strategic investors may be explored.
• Intention is to achieve turnaround without any change in Loan Terms.
•JLF may also consider providing need based additional finance.
• Additional financing should not be provided with a view for ever- greening the
account.
A: Rectification
B: Restructuring
C: Recovery
Once the first two options at (A) and (B) are seen as not feasible, due
recovery process may be resorted to. JLF to decide best recovery process.
21. • JLF is required to arrive at an agreement on the option to be
adopted for CAP within 45 days from (i) the date of an account
being reported as SMA-2 by one or more lender, or (ii) receipt
of request from the borrower to form a JLF
• Decisions by a minimum of 75% of creditors by value and 50%
of creditors by numbers in the JLF would be binding on all.
• JLF should sign off the detailed final CAP within the next 30
days from the date of arriving at such an agreement.
• Accounts with AE of Rs. 500 crs and above will have to be
subjected to an evaluation by an Independent Evaluation
Committee (IEC)
• If restructuring is considered as CAP, JLF has the option to go
to CDR or do restructuring outside CDR
22. Step Aggregate Exposure
< 500 crore > 500 crore
Finalization of CAP 45 days 45 days
Detailed Final CAP Next 30 days Next 30 days
TEV Next 30 days Next 30 days
Approval by IEC NA Next 45 days
Approved by JLF and
sanction
Next 15 days Next 15 days
23. Step Aggregate Exposure
< 500 crore > 500 crore
Finalization of CAP 45 days 45 days
TEV Next 30 days Next 30 days
Approval by IEC NA Next 45 days
CDR Cell to CDR EG NA Next 7 days
Decision by CDR EG Next 30 days Next 30
Approval and sanction
by all Lenders
Next 30 days Next 30 days
25. As per the 5:25 flexible structuring scheme, the lenders are allowed to
fix longer amortization period for loans to projects in the infrastructure
and core industries sector (detail of eligible industries in subsequent
slide), for say 25 years, based on the economic life or concession period
of the project, with periodic refinancing, say every 5 years.
Repayment is considered as bullet repayment at refinance interval for
the purpose of ALM of the Bank
DSCR and other ratios to be calculated for entire duration of the loan
Refinance can be by same lenders or new lenders or combination
Such refinancing repeated till the end of fresh loan amortization
schedule
Interest rates to be renegotiated at the time of refinance
26. Flexible structuring scheme initially allowed for new project has been
extended to existing loans in Infrastructure and Core Industries
Scheme Eligible for outstanding Term loans > Rs. 500 crore
Banks may fix a fresh amortization schedule for the existing projects loans,
once during the life time of the project, after the COD. Maximum tenure
25 years with refinance every 5 years
Such refixation not to be treated as restructuring subject to:
The loan is standard as on date of change of loan amortization schedule
NPV of loan to remains same
Fresh loan amortization schedule should be within 85% of the initial concession
period / life of the project
A fresh viability study is carried out which is vetted by IEC
NPA accounts can also be restructured under the scheme. However, they
shall be considered as ‘restructured’ and shall be upgraded after 1 years of
satisfactory performance
Once an account becomes NPA further refinancing will stop
27. Infrastructure Industries
-Transport: Roads, ports, Inland, waterways,
Airport, Railway track, Urban Public Transport
-Energy: Electricity generation, Transmission,
Distribution, Oil pipelines, Oil/Gas/LNG storage
facility, Gas Pipelines,
-Water & Sanitation Infrastructure
-Communication: Telecommunication towers
cable network and optic fibers
- Social Commercial Infrastructure: Education
institutes, Hospitals, Common infrastructure for
SEZ, post harvest storage facility, Capital
Investment in fertilizers, Cold chain, Hotel,
Convention centres, Soil testing labs
Core Industries
-Coal
-Crude Oil
-Natural Gas
-Petroleum Refinery
Products
-Fertilizers
-Steel (Alloy + Non alloy)
-Cement
-Electricity
29. One of the common cause for loan account becoming stressed has
been management inefficiencies.
Concept of Strategic Debt Restructuring ("SDR") has been
introduced by RBI to help banks recover their loans by taking
ownership and management control in cases where borrower is
unable to achieve viability parameters and/or non adherence to
critical conditions despite restructuring granted by lenders.
Scheme is applicable only in cases where change in ownership is
likely to improve the economic value of the loan asset and
prospects of recovery of their dues
30. For fresh cases of restructuring post SDR guidelines (8 June 15) the
restructuring agreement should contain provisions for SDR
For already restructured cases SDR can be invoked if enabling clauses
are included in the restructuring agreement
Henceforth all fresh loans to have SDR enabling provisions
Lenders have to convert their loans to equity so as to have 51% equity
stake in the company within 210 days from reference date (decision to
invoke SDR). Conversion has to be as per fair value (defined later)
Lenders have to divest minimum 26% equity of the company to new
promoters within 18 months from reference date
31. Banks get standstill clause benefit for 18 months i.e. till
equity is diluted to new promoters. That means account
status as on reference date shall remain
Upon transfer of equity to new promoters even NPA account
upgraded to Standard
Banks can refinance loans to new promoters at mutually
agreed terms. Such refinance not to be treated as
restructuring. However, Banks have to provide for any
diminution in value plus write off
New Promoters has to be unrelated to existing promoters
Current management not to be allowed to continue without
Bank representative on Board and without supervision by
Bank appointed agency
32. Decision making as per JLF. 75% by Value and 50% by numbers
binding on all.
Conversion under SDR to get exemption from SEBI Capital
Issue and Open offer provisions
Banks get exemption from MTM provisions on equity so
converted for 18 months. However, as per latest circular bank
has to provide for depreciation over 4 quarters
Equity so converted shall be exempted from ceilings on Capital
Market exposure. However, Banks have to provide 150% Risk
weight for 18 months
Exemption from investor – associate relationship even if
individual Bank holds more than 20% of voting power
33. Lowest of following
› Market value (for listed companies only): Average of closing prices
during last 10 trading days preceding the ‘reference date’.
› Break-up value (Book value) per share to be calculated from the
company’s latest audited balance sheet (without ‘revaluation reserves’)
adjusted for cash flows and financials post the earlier restructuring; the
balance sheet should not be more than a year old. In case the latest
balance sheet is not available this break-up value shall be Rs.1.
However, since equity cannot be issued at a discount conversion price
cannot be below face value.
The pricing formula stated above has been exempted from the SEBI (Issue
of Capital and Disclosure Requirements)Regulations,2009
Exemption from making an open offer under Regulation 3 & Regulation 4
of the provisions of the SEBI(Substantial Acquisition of Shares and
Takeovers) Regulations,2011.
35. RBI came out with another circular on 24th September 2015
allowing Banks to go for change of ownership outside SDR
provided the stress was due to operational/ managerial
inefficiencies.
Change in ownership can be by way of
› Sale of shares by lenders acquired by invocation of pledge
› Conversion of debt into equity (outside SDR)
› Issue of fresh shares by borrowing entity
› Acquisition of borrowing entity by another entity
Most of the provisions of SDR holds true such as
› new promoters should be unrelated to existing
› new promoters should have minimum 51% equity (26% if FDI rules
restrictions applies)
› Bank can refinance the existing debt without considering it
restructuring. However, banks have to provide for diminution in fair
value
› Upon change of ownership account can be upgraded to Standard
› However, exemption from SEBI regulations for issue of capital and
open offer not available
› Circular is silent about conversion price
38. Assets Reconstruction Companies are in business of
buying NPA accounts from banks and FI’s.
ARCs’ are specialized Institutions for resolution of
stressed loans having domain knowledge.
ARC has the same rights as banks have for the
purpose of recovery of dues.
ARC broadly has following functions
› Acquisition of financial assets
› Restructure / rescheduling of Debts
› Enforcement of Security Interest
› Settlement of dues payable by the borrower
39. ARC functions more or less like a Mutual Fund. It transfers the acquired
assets to one or more trusts (set up u/s 7(1) and 7(2) of SRFAESI Act, 2002)
at the price at which the financial assets were acquired from the Lenders
Then, the trusts issues Security Receipts (SR) to Qualified Institutional
Buyers [as defined u/s 2(u) of SARFAESI Act, 2002]. The trusteeship of
such trusts shall vest with the ARC.
As per latest rule ARC has to subscribe minimum 15% of SR.
ARC will get Trust management fee from the trusts and recovery
commission in addition to reimbursement of exps. Incurred for the
purpose of recovery.
Any upside in between acquired price and realized price will be shared
with the beneficiary of the trusts Lenders and ARC.
Any downside in between acquired price and realized price will be borne
by the beneficiary of the trusts (Banks/Fis and ARC).
ARC can acquire a loan on cash basis as well. In such case all
upside/downside belongs to ARC
40. Banks calls for bids for their bad loans from ARCs
Such bids can be either for cash or on SR basis
Such bids can be for individual loan or a pool
Banks normally seek competitive bidding after fixing up reserve price which is
to be based on Value of underlying securities / worth of guarantors /likely
cash flow forecast etc.
In many cases borrower enters into an OTS with the Bank and instead of
paying from own sources gets loan account funded from ARC by assignment
of loan to ARC on all cash payment basis. Interest charged in such transaction
would be around 25%p.a.
Once a loan is acquired by ARC it gets in touch with the borrower seeking
amicable settlement/ payment schedule out of operations/sale of assets/other
cash flow. Even issue of Equity in lieu of debt can be considered.
In some cases borrower and ARC enter into informal arrangement prior to
bidding
Borrower thus gets time to settle/pay the loan at a much better terms than
original lender and able to retain economic value.
42. OPTION FEATURE CONCERN
CDR Has been widely used earlier and helped
many companies in coming out of stress
Majority decision making
Lost charm after withdrawal of forbearance benefit by RBI
Not helped much. Too many failures post CDR implies it
was deferment of inevitable
Bilateral Mostly used for individual cases
Had worked well earlier
Very few cases considered by lenders now post
withdrawal of forbearance benefits.
JLF Majority decision making
Early decision making
Guidelines have come too late. Damage is already done
Timelines are not maintained resulting in slow progress.
As account becomes NPA upon restructuring most lenders
prefer rectification or recovery route
5 by 25 Helps realign debt without restructuring
tag
Available for large cases and a few select industries only
SDR Helps realign debt without restructuring
tag
Weed out inefficient management
For old cases cannot be forced upon
Existing management may continue in disguise. Finding
new promoter is always a challenge.
COM More flexibility than SDR SEBI exemption not available
ARC Help in Realign/settle debt at a realistic
level
Faster decision making as question of
accountability doesn’t arise
Banks are not able to realise significant portion of their
dues
Increase in cost as ARC charge management fee
ARC’s capital base too limited compared to overall
magnitude of stressed assets
44. Parliament is expected to pass new Bankruptcy law soon which is in line with
Chapter XI of US Bankruptcy code
This law is expected to change dramatically how business failures are handled
in the country
BIFR is expected to be repealed
There is a talk about special package for steel industry since all efforts to
realign debt of steel industry (CDR/ 5 by 25 etc) are not saving Bank loans
from NPA
RBI wants clean up of Bank book by March 2017. RBI is very clear that Banks
need to recognise problem and not pretend.
GOI has committed to provide need based capital to Banks. Tendency to hide
NPA expected to get tapered off
Likely consolidation of Banks expected to improve decision making
45. Applicability: All kinds of corporate enterprises,
limited liability partnerships, partnership firms and
individuals
Scope: Insolvency, liquidation, voluntary
liquidation (solvent insolvency) and bankruptcy
Key Objectives:
Preserve value by providing linear, time-bound
and collective process
Improve time taken to resolve failure and
provide clear exit options to investors
Increase recovery value
Develop other avenues of financing businesses
(such as bond markets, venture capitals ) other
than banks
Tribunal :National Company Law Tribunal (NCLT)
is the proposed forum for corporate bankruptcy
and DRT is for individual bankruptcy
Default
Appointment of an
Insolvency professional
Calm period/moratorium
period (180/270 days)
75% of creditors to approve
Yes No
Implement
the plan
Goes into
liquidation
Reach Us