ÑDz©ÌåÓý¹ÙÍøÊ×Ò³

IBC changes will hasten resolution of stressed assets
ECONOMY & POLICY

IBC changes will hasten resolution of stressed assets

The recent amendments to the Insolvency and Bankruptcy Code (IBC) are an earnest attempt to address a number of issues faced in the ongoing stressed assets cases and will help reduce timelines, enhance transparency and improve realisations from their resolution.

The key amendments and their impact is summarised as below:

1. Amendment: Reduce the minimum voting threshold for the Committee of Creditors (CoC) to 66 per cent from 75 per cent for key decisions, and to 51 per cent from 75 per cent for routine decisions.
CRISIL’s view: Significantly improves the decision-making powers.
2. Amendment: Allow promoters of Micro, Small and Medium Enterprises (MSMEs) who are not categorised as wilful defaulters to bid for their assets.
CRISIL’s view: MSME promoters under genuine distress/hardship can participate in the bidding process. This will reduce liquidation proceedings and improve the loan recovery rate of banks.
3. Amendment: Pegs the rights of homebuyers on par with financial creditors.
CRISIL’s view: Provides much-needed clarity, especially with respect to cases undergoing resolution under the IBC, where homebuyers are de facto creditors.
4. Amendment: Section 29(A) of IBC tweaked to exempt pure-play financial entities from being disqualified to bid for assets; three year window for applicant which had acquired an NPA in the past under the IBC process.
CRISIL’s view: Expands the eligible pool of bidders and will enable better price discovery and therefore lesser haircuts for banks.
5. Amendment: Streamlines the bidding process by discouraging exits and late offers.
CRISIL’s view: Aids in bringing faster closure to the resolution process.
6. Amendment: Liberalisation of terms for interim finance during insolvency process.
CRISIL’s view: Will help resolution professional to keep the asset on a going concern basis and preserve its value.

Krishnan Sitaraman, Senior Director, CRISIL Ratings, said, “The amendments will help safeguard the interest of lenders by maintaining the residual value of assets and also spur the pace of resolutions under the IBC. The fine-tuning of Section 29(A) of the IBC opens up opportunities for resolution applicants to bid once their eligibility is proven, and exempts financial entities from being disqualified from bidding. That would significantly increase the number of eligible bidders.�

Almost a third of the banking sector’s non-performing assets of ~Rs 10.3 lakh crore (as of March 2018) has been referred to the National Company Law Tribunal (NCLT) under the IBC process. That number is expected to rise after the Reserve Bank of India voided all restructuring plans preceding the IBC in February 2018. Therefore, the suitable amendments in the Code will increase the efficacy of the process and will help to avoid the issues that have cropped up in resolution of existing cases.

Vydianathan Ramaswamy, Associate Director, CRISIL Ratings, said, “Treating homes buyers on a par with financial creditors will give a say to the home owners in the resolution process. A clear framework outlining the manner in which they participate in the IBC resolution process is needed to avoid logistical complexities in the decision-making.�

Other amendments including allowing corporate debtors to trigger insolvency resolutions under the IBC and resolution process and putting the onus on applicant to prove eligibility would strengthen the process and help to achieve better outcomes.

The recent amendments to the Insolvency and Bankruptcy Code (IBC) are an earnest attempt to address a number of issues faced in the ongoing stressed assets cases and will help reduce timelines, enhance transparency and improve realisations from their resolution. The key amendments and their impact is summarised as below: 1. Amendment: Reduce the minimum voting threshold for the Committee of Creditors (CoC) to 66 per cent from 75 per cent for key decisions, and to 51 per cent from 75 per cent for routine decisions. CRISIL’s view: Significantly improves the decision-making powers. 2. Amendment: Allow promoters of Micro, Small and Medium Enterprises (MSMEs) who are not categorised as wilful defaulters to bid for their assets. CRISIL’s view: MSME promoters under genuine distress/hardship can participate in the bidding process. This will reduce liquidation proceedings and improve the loan recovery rate of banks. 3. Amendment: Pegs the rights of homebuyers on par with financial creditors. CRISIL’s view: Provides much-needed clarity, especially with respect to cases undergoing resolution under the IBC, where homebuyers are de facto creditors. 4. Amendment: Section 29(A) of IBC tweaked to exempt pure-play financial entities from being disqualified to bid for assets; three year window for applicant which had acquired an NPA in the past under the IBC process. CRISIL’s view: Expands the eligible pool of bidders and will enable better price discovery and therefore lesser haircuts for banks. 5. Amendment: Streamlines the bidding process by discouraging exits and late offers. CRISIL’s view: Aids in bringing faster closure to the resolution process. 6. Amendment: Liberalisation of terms for interim finance during insolvency process. CRISIL’s view: Will help resolution professional to keep the asset on a going concern basis and preserve its value. Krishnan Sitaraman, Senior Director, CRISIL Ratings, said, “The amendments will help safeguard the interest of lenders by maintaining the residual value of assets and also spur the pace of resolutions under the IBC. The fine-tuning of Section 29(A) of the IBC opens up opportunities for resolution applicants to bid once their eligibility is proven, and exempts financial entities from being disqualified from bidding. That would significantly increase the number of eligible bidders.� Almost a third of the banking sector’s non-performing assets of ~Rs 10.3 lakh crore (as of March 2018) has been referred to the National Company Law Tribunal (NCLT) under the IBC process. That number is expected to rise after the Reserve Bank of India voided all restructuring plans preceding the IBC in February 2018. Therefore, the suitable amendments in the Code will increase the efficacy of the process and will help to avoid the issues that have cropped up in resolution of existing cases. Vydianathan Ramaswamy, Associate Director, CRISIL Ratings, said, “Treating homes buyers on a par with financial creditors will give a say to the home owners in the resolution process. A clear framework outlining the manner in which they participate in the IBC resolution process is needed to avoid logistical complexities in the decision-making.� Other amendments including allowing corporate debtors to trigger insolvency resolutions under the IBC and resolution process and putting the onus on applicant to prove eligibility would strengthen the process and help to achieve better outcomes.

Next Story
Infrastructure Urban

CRCL, IIT Delhi Sign MoU to Boost Science and Ease of Business

The Central Revenues Control Laboratory (CRCL), Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, Ministry of Finance, and the Indian Institute of Technology (IIT) Delhi signed a Memorandum of Understanding (MoU) toward trade facilitation and improving the ease of doing business. This MoU collaboration aims to foster R&D, innovation, and scientific excellence at CRCL, bolstering trade facilitation and regulatory efficiency.The MoU was signed by Prof. Rangan Banerjee, Director, IIT Delhi, and Shri V. Suresh, Director, CRCL, in presence of Shri Surjit Bhujabal, Speci..

Next Story
Infrastructure Urban

CAQM Sub-Committee Activates 27-Point Plan to Improve NCR Air Quality

The daily average AQI of Delhi has been hovering marginally above 200 threshold with forecast of slight improvement since last two days. Today, Delhi’s daily average Air Quality Index (AQI) clocked 213 (‘Poor� category), as per the daily AQI Bulletin provided by the Central Pollution Control Board (CPCB), owing to variable winds. In wake of the average/ overall air quality of Delhi recording ‘Poor� air quality category ranging between 201-300, the CAQM Sub-Committee on GRAP met today to take stock of the current air quality scenario of Delhi-NCR. While comprehensively reviewing the a..

Next Story
Infrastructure Urban

DoT Launches Financial Fraud Risk Indicator to Boost Cybersecurity

In a major step towards combating cyber fraud and financial crime, the Department of Telecommunications (DoT) has announced sharing of “Financial Fraud Risk Indicator (FRI)� with stakeholders- an output from a multi- dimensional analytical tool developed as part of the Digital Intelligence Platform (DIP) to empower financial institutions with advance actionable intelligence for cyber fraud prevention. This will enhance cyber protection and validation checks in case of mobile numbers flagged with this tool when digital payment is proposed to be made to such numbers.What is the “Financial ..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement