Govt suspends IBC provisions that trigger fresh insolvency proceedings

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As per existing norms, if a payment default exceeds 90 days then the lender concerned has to refer the account for resolution under IBC or any other mechanism permitted by the Reserve Bank of India (RBI). The lender does not have the option to restructure the loan.

The government has decided to suspend insolvency and bankruptcy proceedings for at least six months owing to challenges businesses are facing due to the Covid-19 pandemic.

A new Section is likely to be added to the Insolvency and Bankruptcy Code (IBC).

It will suspend Sections 7, 9, and 10, which are used to trigger insolvency proceedings for six months or a period not exceeding one year from the date they commence, the official said.

A new Section is likely to be added to the Insolvency and Bankruptcy Code (IBC).

It will suspend Sections 7, 9, and 10, which are used to trigger insolvency proceedings for six months or a period not exceeding one year from the date they commence, the official said.

Section 7 of the Code enables financial creditors to start insolvency proceedings against a company while Section 9 gives operational creditors these powers.

Under Section 10, the promoter of the company can trigger insolvency proceedings against his or her own concern.

All the three Sections will cease to be effective for six months or further.

The provision is likely to require a change in the Act, according to experts.

“This is a positive step for companies.

But for companies, which were otherwise already in stress and could have found resolution under the IBC, their resolution may also be delayed due to this suspension,” said Anshul Jain, partner, PwC India.

Jain also said it needed to be seen if this move would have a positive impact on privately negotiated transactions on mergers and acquisitions.

In March, Union Finance Minister Nirmala Sitharaman had indicated the government would consider suspending the IBC for a few months if the Covid situation persisted and caused stress to businesses.

Already, the default threshold for stressed companies facing insolvency has been increased from Rs 1 lakh to Rs 1 crore.

In March, Union Finance Minister Nirmala Sitharaman had indicated the government would consider suspending the IBC for a few months if the Covid situation persisted and caused stress to businesses. Already, the default threshold for stressed companies facing insolvency has been increased from Rs 1 lakh to Rs 1 crore.

Read the Original Notification:

IBBI Notification dated 20th April, 2020

Total bad loans seen at whopping $130 bn; as defaults rise, cases at NCLT accumulate

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Stressed loans near $10-billion mark; total bad loans seen at over $130 billion; 250 NCLT cases across 10 benches

While many of the loan exposures had turned toxic in 2015 and 2016, bankers were looking to recover their dues via other schemes such as the strategic debt restructuring or the S4A (scheme for sustainable structuring of stressed assets ) and 5/25.

While many of the loan exposures had turned toxic in 2015 and 2016, bankers were looking to recover their dues via other schemes such as the strategic debt restructuring or the S4A (scheme for sustainable structuring of stressed assets ) and 5/25.

With defaults on loans and corporate bonds nudging $10 billion in 2017 so far and the total quantum of bad loans estimated to have crossed $130 billion, the number of cases at the National Company Law Tribunal (NCLT) has jumped to around 250 across 10 benches. At the end of March, fewer than 40 cases had been referred to the tribunal. Banks are hoping to recover their loans via the Insolvency and Bankruptcy Code(IBC) and have already referred a dozen large accounts to the tribunal following a recommendation from the Reserve Bank of India (RBI). They are expected to approach the tribunal for another two dozen accounts.

Apart from banks, also knocking on the doors of the NCLT are other creditors such as non-banking financial companies and asset reconstruction companies. A few corporate debtors too have approached the tribunal.

While many of the loan exposures had turned toxic in 2015 and 2016, bankers were looking to recover their dues via other schemes such as the strategic debt restructuring or the S4A (scheme for sustainable structuring of stressed assets ) and 5/25.

Consequently, several of the exposures had not been classified as non-performing assets. With the RBI asking banks to refer the cases to the NCLT, the tribunal has been inundated with cases.

Industry watchers believe that given the quality of the fixed assets — plant and machinery — at many of the companies is of good quality, the firms are unlikely to be liquidated. However, buyers will come in only if banks take big haircuts since just about 45-50% of the debt is believed to be sustainable.

Of the 12 cases referred to the NCLT, 11 have been admitted. While some of the companies — Essar Steel, Bhushan Steel and Monnet Ispat — raised objections, the tribunal overruled these.

Bhushan Steel, which owes banks a whopping Rs 44,447 crore, had earlier objected to the insolvency proceedings alleging that State Bank of India (SBI) had inflated the dues by around Rs 100 crore.

Nonetheless, SBI’s petition was admitted by the NCLT, which ordered the interim resolution professional (IRP) to take charge of the company. The IRP, along with a committee of creditors, is currently working on a resolution plan.

The central bank has recently sent a second list of defaulters like Videocon Industries, IVRCL and Visa Steel that banks must take to the bankruptcy court if stress is not resolved by December 13.

These defaults, in turn, have put pressure on banks’ balance sheets which have reported a remarkable rise in bad loans in the June quarter of FY18. India’s largest bank SBI saw its gross bad loan ratio — total non-performing loans as a percentage of its total loans — rise 86 basis points sequentially to 9.97%.

SBI has an exposure of Rs 50,247 crore to the 12 accounts referred to the NCLT and the total provision on those accounts stood at Rs 19,943 crore. SBI chairman Arundhati Bhattacharya told reporters during the results press conference that the bank requires incremental provision of Rs 8,571 crore with respect to the 12 accounts in FY18.

Source: Financial Express

 

Bad loans at Indian banks climb to a 15-year high and may increase further Bad loans at Indian banks climb to a 15-year high and may increase further

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Bad debts at Indian lenders, especially state-run banks, have climbed to a 15-year high and may increase further, a central bank study showed.

Bad debts at Indian lenders, especially state-run banks, have climbed to a 15-year high and may increase further, a central bank study showed. Under the baseline scenario in a “macro stress test,” the industry’s gross bad-loan ratio may increase to 10.2 percent by March 2018 after climbing to 9.6 percent in March 2017, the highest since 2002, according to the Reserve Bank of India’s Financial Stability Report released Friday. Stressed assets, including soured debt and restructured loans, eased slightly to 12 percent in March 2017 from 12.3 percent in September 2016.

Weakness in the Indian banking system is a threat to growth in Asia’s third-largest economy and may stall Prime Minister Narendra Modi’s plan to revive credit growth from near a two-decade low. The soured loans have contributed to a $191 billion pile of zombie debt that’s cast the future of some lenders in doubt and curbed investment by businesses. “The RBI and the government are proactively taking steps to resolve NPA challenges in the banking sector,” Deputy Governor NS Vishwanathan said in a foreword to the report. “We have also activated prompt corrective action to stem the slide in the banking system.”

State-run lenders under performed their peers in the private sector, the report showed, which measures risks to the banking system by tracking factors such as profitability, asset quality and liquidity. Last month, the government gave new powers to the RBI in an effort to clean up the country’s bad-debt mess, which has left banks struggling with billions of rupees in nonperforming loans. The government amended the Banking Regulation Act to enable the RBI to order lenders to initiate insolvency proceedings against defaulters and to create committees to advise banks on recovering their loans.

The RBI in June ordered the banks to use the insolvency courts to find a solution for 12 of the debtors, though it didn’t name the institutions on its list. Earlier in the decade, many Indian steel and construction companies borrowed to fund expansion at a time when the economy was expanding at 9 percent to 10 percent a year. Loans turned sour as that growth slowed, weakening demand for steel used in construction projects.

Source: http://www.financialexpress.com/economy/bad-loans-at-indian-banks-climb-to-a-15-year-high-and-may-increase-further/744225/

Bankruptcy Code: Banks to refer Essar Steel, Electrosteel, Bhushan Steel to NCLT

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The fate of three near-bankrupt steel companies — Essar Steel, Bhushan Steel and Electrosteel Steels — which together owe lenders nearly Rs.1 lakh crore will now be decided by the National Company Law Tribunal (NCLT).

The fate of three near-bankrupt steel companies — Essar Steel, Bhushan Steel and Electrosteel Steels — which together owe lenders nearly `1 lakh crore will now be decided by the National Company Law Tribunal (NCLT). Having failed to recover their dues or rope in either strategic or financial investors, lenders to these companies finally agreed on Thursday to resort to the Insolvency and Bankruptcy Code (IBC), bankers familiar with the development said. The decision follows a directive by Reserve Bank of India (RBI) on June 13 to banks asking them to refer a dozen troubled companies — with a combined debt of close to Rs.2.4 lakh crore — to the tribunal.

Corporate watchers said a new chapter was unfolding for India Inc, traditionally unfamiliar with insolvencies and, more often than not, able to wrangle concessions and bailouts, often with the help of those in power. Both the RBI and the government are attempting a speedy resolution to the problem of non-performing assets (NPAs) that is paralysing banks and stymieing investments.
While it has been known for several years now that many of the country’s top corporates are financially fragile, it was former RBI governor Raghuram Rajan who first forced banks to accept the reality and classify assets correctly in December 2015.

Bankers have been given a fortnight within which to move the tribunal. Among the other companies that have been refereed to the NCLT are Jyoti Structures, Lanco Infratech, Monnet Ispat and JP Infratech. The 12 accounts identified by the central bank are those to which banks have an exposure of more than Rs 5,000 crore, more than 60% of which has been recognised as NPAs. Once these cases are with the NCLT, the lenders need to set up a committee of creditors that will come up with a plan on how the asset will be tackled. If the committee is unable to find a solution within 180 days — this can be extended to 270 days — the borrowing entity will go into liquidation.

The three steelcos — Essar, Bhushan and Electrosteel — together have a manufacturing capacity of close to 18 million tonnes per annum. The total debt of the Essar Group is estimated at Rs.1.17 lakh crore. Most private banks have sold off their Essar Steel exposure to asset reconstruction companies, taking a haircut of more than 50%; most PSU banks have declared Essar Steel an NPA.
Essar Steel, promoted by the Ruias, had at a meeting last year requested banks to convert Rs.12,200 crore of loans into preference capital and equity shares.

While Rs.9,000 crore was sought to be converted into preference shares, to be redeemed after 12-18 years, the company had requested the remaining Rs 3,200 crore be converted into common equity. For the balance Rs 31,800 crore, the company had sought a prolonged repayment period. Senior bankers had told FE such a deep restructuring proposal, if approved by the consortium, would amount to taking a haircut of nearly 30%.

Bhushan Steel, promoted by the Singals, has been unable to service its loans for several years now thanks to the stress on cash flows, partly the result of large steel imports into the country which drove down prices. While banks had been monitoring the company’s operations and financials, they were unable to come up with a solution. In August 2014, a senior company executive was arrested around the time the former chairman and managing director of Syndicate Bank SK Jain was arrested in an alleged case of bribery.

In the case of Electrosteel Steels, banks decided to initiate a strategic debt restructuring, with a view to roping in a new investor and beefing the equity capital of the company. However, despite many attempts, banks were unable to find a buyer within the stipulated 18 months, and were compelled to classify the account as an NPA.

Source: http://www.financialexpress.com/economy/bankruptcy-code-banks-to-refer-essar-steel-electrosteel-bhushan-steel-to-nclt/731747/

RBI examining relaxing Bad Loan Classification Limit beyond 90 days for SMEs

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The Reserve Bank of India (RBI) is looking into a request to extend the classification period for non-performing assets (NPAs) to help small and medium enterprises (SMEs).

“Some people have made representation to the finance ministry of raising the NPA classification period beyond existing 90 days. This issue is under consideration. It is being examined by the RBI,” Minister of State for Finance Arjun Ram Meghwal told newswire PTI.

 

Summary
  • RBI looking at request to raise the NPA classification period beyond the current level.
  • Currently, an account turns into NPA or bad loan if it is not serviced for 90 days.
  • In case of small businesses and SMEs, payments come usually late.

Currently, an account turns into a non-performing asset (NPA) or bad loan if it is not serviced for 90 days.In case of small businesses and SMEs, payments come usually late. Once they miss the 90-day period and fall in the NPA category, their credit line is cut.

In the absence of vibrant factoring or trade receivable market, small businesses and SMEs face the issue of timely credit availability. Meghwal also said that there is a need to strengthen loan restructuring mechanism in an effort to tackle inflation.

Loan restructuring is reviewed by the RBI from time to time as part of its effort to fight the mounting NPAs in the banking system.

Most recently, the minister said, the government brought in an ordinance giving wide-ranging legislative powers to the Reserve Bank to fight NPAs.

The ordinance authorises RBI to issue directions to any bank to initiate insolvency resolution process in the event of a default under the provisions of the Insolvency and Bankruptcy Code (IBC), 2016.

As per some estimates, banks are sitting on unrecognised stressed loans worth Rs 7.7 lakh crore in corporate and SME sectors and expect around 35 per cent of them to slip into the NPA category in the next 12-18 months.

There is a likelihood of Rs 2.6 lakh crore of corporate and SME loans, which are 3.2 per cent of total bank credit to be recognised as stressed loans by 2019.

Stressed loans include restructured assets that carry the risk of turning into NPAs.

Source: https://www.bloombergquint.com/law-and-policy/2017/06/13/rbi-examining-relaxing-bad-loan-classification-limit-beyond-90-days-for-smes

RBI makes it easier for banks to implement joint lenders forum

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RBI gives more powers to tackle NPAs: Arun Jaitley

The Reserve Bank of India sprang into action as soon as the government notified the ordinance on bad loans, with the regulator offering more teeth to groups of lenders to deal with recovery proceedings and telling banks to stick to majority-agreed plans or face a penalty.

 

Any resolution plan agreed to by 60% of members in a joint lenders’ forum is binding on everyone in the group and no bank board will have the power to overrule the decision, the central bank said. Banks will have to implement the plan agreed upon without any additional conditions and there would be a monetary penalty on those who veer away from the decision.

 

“Delays have been observed in finalising and implementation of the CAP (corrective action plan), leading to delays in resolution of stressed assets in the banking system,” RBI said in a notification.

“It is reiterated that lenders must scrupulously adhere to the timelines prescribed in the framework for finalising and implementing the CAP.”

RBI’s strong measures come on a day when the regulator was empowered by law to direct banks to take action against bad loans which have been plaguing the sector for the better part of the last decade. Banks, because of differences between them over the recovery procedures, had often failed to resolve the problem.

In new timelines released on Friday, the RBI said henceforth decisions agreed to by a minimum of 60% creditors by value and 50% by number in the forum would be enough to approve a restructuring plan for the loans. The earlier rule required approval of 75% creditors by value and 60% by number.

The new corrective action plan covers restructuring of project loans, change in ownership under strategic debt restructuring and the scheme for sustainable structuring of stressed assets.

Source: http://economictimes.indiatimes.com/articleshow/58538315.cms

 

 

 

NPA woes to spill over into next fiscal, says Moody’s

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Weak asset quality will continue to plague credit profile of banks, with their profitability remaining under pressure till the next fiscal, says a report.

“Asset quality will remain a negative driver of the credit profiles of most rated banks in the country and the stock of impaired loans. Non-performing loans and standard restructured loans will still rise during the horizon of our outlook that lasts till the next financial year,” Alka Anbarasu, a vice-president and senior analyst at Moody’s, said in a report today.

The report is jointly penned by Moody’s and its domestic arm ICRA Ratings.

The report said the pressure on asset quality largely reflects the system’s legacy problems, as relating to the strong credit growth seen in 2009-12, when corporate investments rose significantly.

It, however, said aside from the legacy issues, the underlying asset trend for banks will be stable because of a generally supportive operating environment.

“While corporate balance sheets stay weak, a further deterioration in key credit metrics such as debt/equity and interest coverage ratios has been arrested,” the report said.

As per Karthik Srinivasan, a senior vice-president at ICRA, “while bank profitability is not expected to be as weak as the levels seen in the financial year 2015-16, the weakness in asset quality will continue to drag on profitability indicators, with return on equity remaining in the single digits for the financial years 2016-17 and 2017-18.”

Anbarasu said the pace of asset quality deterioration over the next 12-18 months should be lower than what was seen over the last five years, and especially compared to the financial year 2015-16.

She considers the Reserve Bank’s asset quality review in December 2015 as an important catalyst in pushing banks to recognise some large accounts as being impaired.

“We now estimate the ‘true’ level of impaired loans for Indian banks to be around 1-1.5 percentage points higher than the latest reported numbers,” Anbarasu said.

The latest Financial Stability Report by the RBI had said the gross non-performing advances ratio increased to 9.1 per cent from 7.8 per cent between March and September 2016, pushing the overall stressed advances ratio to 12.3 per cent from 11.5 per cent.
Moody’s said given the magnitude of stressed assets in the system, it expects the banks to increase their focus on resolving some of the large problem accounts.

“We expect an increased pace of debt restructuring under various schemes offered by RBI, including the scheme for sustainable structuring of stressed assets (S4A), strategic debt restructuring (SDR) and the 5:25 scheme,” the report said.

“Nevertheless, weak reserving levels and continued pressure on profitability will limit the ability of the banks to proactively resolve problem assets under these schemes,” Anbarasu said.

Icra said a muted level of credit off-take — on the back of weak demand, increasing competition and greater disintermediation — will continue to exert downward pressure on lending rates.

It said the overall capitalisation levels of most of the public sector banks remain moderate to weak, given that they need to attain the regulatory minimum tier-I requirement of 9.5 per cent by March 2019.

The current plan of infusing Rs 45,000 crore during 2016-17 and 2018-19, of which Rs 16,414 crore have already been infused in the current year, is below ICRA’s estimate of capital requirements of Rs 1,50,000-1,80,000 crore.

Source: http://www.business-standard.com/article/finance/npa-woes-to-spill-over-into-next-fiscal-says-moody-s-117010900510_1.html