Showing posts with label Debt restructuring. Show all posts
Showing posts with label Debt restructuring. Show all posts

Saturday, June 8, 2013

Independent body likely to review debt recast cases: Takru




BL : June 7,2013


To prevent unfit cases from getting their loans restructured under the corporate debt restructuring (CDR) mechanism, the Finance Ministry plans to set up an independent common oversight body, said Rajiv Takru, Financial Services Secretary.
The body will be a recommendatory unit which will vet CDR cases above a certain threshold.
However, he did not specify what the threshold will be and said it will be decided by the banks.
“When banks get a CDR case above a certain amount, they can send it to the body which can give its view to the banks,” he said.
He said that there would not be any government official or banker on the panel. The members would include experts from legal, investigation and financial fields.
The body will give its opinion to the banks in writing so that the banks cannot later say that they were not sufficiently forewarned about the suitability of the case, he added.
Takru further told that banks cannot afford to waste any time to start the recovery process.
“Whatever the assets (collaterals) are, banks must auction them. If banks do not get the right price for the asset, then banks must buy it out,” he added.
deepa.nair@thehindu.co.in
(This article was published on June 7, 2013)
Keywords: corporate debt restructuring, loans restructured, Finance Ministry plans, Takru

Wednesday, July 25, 2012

Personal guarantee must before loan restructuring: RBI panel




PTI Jul 20, 2012, 05.41PM IST



MUMBAI: A Reserve Bank panel has recommended banks should seek personal guarantee from promoters and adopt a 'carrot-and-stick policy' while restructuring loans of corporates.
"As stipulating personal guarantee will ensure promoters' skin in the game or commitment to the restructuring package, obtaining the personal guarantee of promoters be made a mandatory requirement in all cases of restructuring," the panel said in its report, on which it has invited comments of stake holders by August 21.
The RBI had in January set up the panel to review the existing prudential guidelines on restructuring of advances by banks and financial institutions and suggest modifications taking into account the best international practices and accounting standards.
The panel, which is headed by RBI Executive Director B Mahapatra, said corporate guarantee should not be considered as a substitute for the promoters' personal guarantee.
In cases where the restructuring package could not be implemented due to promoters' non-adherence to terms and conditions, the banks should exercise exit option at the earliest with a view to minimise the losses, the report said.
"The terms and conditions of restructuring should inherently contain the principle of 'carrot and stick', ie while restructuring being an incentive for viable accounts, it should also have disincentives for non-adherence to the terms of restructuring and under-performance," it said.
The panel further said that conversion of debt into preference shares should be done only as a last resort. Also, conversion of debt into equity/preference shares should be restricted to a cap (say 10 per cent of the restructured debt).
Conversion of debt into equity, it further said, should be done only in the case of listed companies.
The banks, according to the report, should disclose all recast loans on books, and from hereon keep a 5 per cent provision for new standard loans recast, as against the existing norm of 2 per cent.
These provisions, it added, could be implemented over a period of two years.
In view of the ongoing economic problems, the ratings agency Crisil expects bad loans to rise to 3.2 per cent of the total by March, 2013.
Banks usually refer bad loans, which are provided under a consortium arrangement, for corporate debt restructuring ( CDR).
Crisil expects loan restructuring in India to rise to $ 37.5 billion, or 3.5 per cent of total loans by March, 2013

Thursday, March 29, 2012

A second restructuring of loans is a crying need for many manufacturers today.


BL:S Adikesavan:28 Mar 2012
How worse can it get before things start looking up for India's stressed manufacturing sector?
Last week, Gurusamy (name changed to protect identity), a 61-year-old spinning mill owner from Salem, was in tears as he spoke of the cash losses his company was incurring. “I have reached the end of my tether. I am worried that I may default on my bank loans, which has never happened to me for the last 30 years, Sir. And, I haven't been able to sleep or eat properly for the last six months,” he told me in between sobs.
A customer with our bank for more than 30 years, with a demonstrated record of repayment, Gurusamy was hit hard last year by the volatility in the prices of cotton, his raw material. The price of cotton, which he bought and stocked at approximately Rs 62,000 per candy (356 kg), came crashing down to Rs 33,000 in approximately three months. This year has been even worse, with his own end-product, yarn, not fetching remunerative prices. The drastic power shutdowns in Tamil Nadu have dealt an additional blow.
The text-book credit solution in such cases would be a repayment holiday till the stressed company generates cash profits, so that the debt overhang doesn't bring the curtains down on Gurusamy's unit. But doing so would also make his account a Non-Performing Asset (NPA). This is a dubious tag a conscientious entrepreneur like Gurusamy doesn't want.
Gurusamy's loan accounts had been restructured once in the past, in the aftermath of the 2008 global economic crisis. Following that restructuring, which involved a deferral of his term loan instalments, he promptly resumed repayment, as the business began generating cash surpluses. This continued right until the second half of 2011, when things started going wrong again. A second restructuring now would lead to a ‘downgrading' of the asset, as per the Reserve Bank of India (RBI) regulatory guidelines. Damned if you go for another restructuring, damned if you don't!

MANY GURUSAMYS

Across India, there are hundreds of borrowers like Gurusamy in sectors such as textiles, steel or sugar, caught in a bind after their accounts have already been restructured once. Under the RBI norms, a second restructuring will doom them to the NPA dustbin, which no genuine borrower (or lender) desires. They will then be blacklisted and clubbed along with other defaulters, who have diverted funds outside their businesses. All that borrowers such as Gurusamy are seeking is a reprieve from making payments, not a debt waiver.
The present times are extraordinary, indeed. The global economy is in turmoil again, as demand from Europe — a major export market for India — is down, interest costs have risen by nearly 30 per cent following the staccato hikes in the RBI's repo rates in the last one year, and the domestic economy itself is slowing.
Last month, one of India's largest integrated textile manufacturers, with a Rs 6,000-crore-plus turnover, announced a quarterly loss for end-December, for the first time in its history. This holds good even for a steel major, which posted a loss of Rs 262 crore, on a turnover of more than Rs 25,000 crore, as against a profit of Rs 960 crore for this quarter last year. The mood is clearly downbeat. In States such as Karnataka, mining bans have led to a freeze in iron ore supplies for medium-scale steel units. When there is no raw material, what are manufacturing units supposed to do? How can they even pay salaries, leave alone paying lenders?
To compound their woes, in many States, the power sector has been in the doldrums, with no coal or gas, and the distribution utilities themselves have no money to buy from generating stations. So, there are power shutdowns, both official as well as unofficial. In Tamil Nadu, for instance, there is a ‘power holiday' for eight days in a month, and restricted supply on some other days for industrial consumers. It would probably be no different in the remaining States.

TRYING ENVIRONMENT

The problems listed are real. Also, they are akin to ‘environmental' problems, unrelated to or abnormal in the context of businesses that these borrowers are in.
From a lenders' perspective too, there is a crying need for a ‘special dispensation' for restructuring of debts for such borrowers. This is because these issues are ‘special', lying outside the domain of both lender and borrower.
There is no way lenders can raise demand for repayment, when there is no internal cash generation in the first place. It is a typical Catch-22 situation that can be unravelled only through decisive regulatory intervention.
The RBI has itself, in the recent past, shown the way out — not once, but twice. In 2008, it brought in a special dispensation providing for a second restructuring, if required. The RBI guidelines of December 8, 2008, and January 2, 2009, were precisely a response to the spill-over effects of the global downturn.
“We reiterate that the basic purpose of restructuring is to preserve economic value of units, not evergreening of problem accounts,” the RBI noted then, while urging banks to undertake a careful assessment of viability, quick detection of weaknesses, and a time-bound implementation of restructuring packages.
Again, in 2011, when the Andhra Pradesh government issued an ordinance, clamping down on the excesses of micro-finance institutions that led to recovery problems, the RBI allowed one-time restructuring of bank loans to these institutions without affecting their asset status (The RBI norms, in the normal course, permit only the asset-status of industrial units to be maintained as ‘standard', after restructuring).

RESTRUCTURING WITHOUT NPA

In order that such a provision is not misused, the RBI can restrict the proposed ‘special dispensation' facility only to units that have long-term viability, have an established record of payments, and not resorted to diversion/siphoning off funds, and can bring in additional promoter's contribution. There can further be a special time-bound external audit to attest to these facts.
This facility is necessary more for mid-corporates and units with a turnover of up to say, Rs 500 crore. The bigger players and the mega-corporates generally ‘know' better how to take care of themselves, and also tap the right people for this purpose.
In this former case, at stake are not merely a few loans becoming NPAs. All these companies provide employment to thousands of families. Gurusamy's unit alone employs some 500 workers. We have precedents that show a second-restructuring provision is an acceptable solution to assist such businesses in distress for no direct fault of theirs.
In matters of monetary policy, the regulatory authority always likes being ‘ahead of the curve'. The current dire milieu calls for a similar imaginative ‘ahead-of-the-curve' approach on RBI's part.
A second-restructuring, special dispensation package for units facing stress due to ‘environmental reasons' is the minimum that ‘policy' can do to prepare borrower-entrepreneurs like Gurusamy survive trying times.
Else, as Benjamin Franklin once said, “By failing to 
prepare, we may be preparing to fail”.
(The writer is with State Bank of Mysore. Views expressed are personal.)

Monday, October 10, 2011

Debt restructuring plans flood banks



Source :BS:Abhijit Lele / Mumbai October 10, 2011, 1:08 IST


The financial sector is beginning to bear the brunt of deteriorating quality of corporate debt. The corporate debt restructuring (CDR) mechanism set up to help companies unable to repay liabilities has gone up over six times in the first six months of FY 12.
Bankers expect things to worsen in the next two quarters. A State Bank of India executive said, “The slowdown in growth and pressure from rising interest costs may substantially increase the number of cases referred to the CDR forum in the third and fourth quarters of FY12.”

In fact, concerns over asset quality topped the agenda for pre-policy review discussions bankers had with the Reserve Bank of India last week. Bankers requested they be allowed to recast CDR accounts for a second time for companies or units whose debt was reworked after the financial crisis in 2008.

According to the CDR Forum, a platform set up by banks and financial institutions, cases worth Rs 34,562 crore went for debt restructuring in the first half of the financial year compared to just Rs 5,179 crore in the year-ago period. The number of companies referred has risen from 21 to 35.

GTL, a network services firm, and its telecom tower business associate entities accounted for almost 70 per cent of the amount at Rs 22,621 crore. Even after excluding GTL, the debt restructuring amount more than doubled to Rs 11,941 crore. That mostly involved medium-size units from the steel, textiles, pharmaceutical, infrastructure and edible oil segments. Some of the other companies in the list are K S Oil (Rs 2,564 crore), Maneesh Pharma (Rs 1,179) and Ruchi Power & Steel Industries (Rs 600 crore).

In December 2008, the RBI had allowed banks to again restructure debt of viable units with lowering status of account, as a one-time measure.

Bankers said there were a number of reasons for more companies being referred to CDR. For one, many have been unable to bear the burden of rising interest costs. These units are already under pressure of high input costs and lack of overseas demand.

Referring a company to CDR eases the restructuring process. A senior executive with the Bank of Baroda said, “The bank or financial institution is able to control slippages by taking early action. But, this restructuring comes at the cost of higher provisioning.”

According to RBI norms, banks have to make a provision at two per cent for the restructured account, which is treated as standard asset. For a normal standard loan, provisioning is made at 0.4 per cent, which puts pressure on the bottom line.

The references in April-September 2010 had declined due to a better business environment. Some companies, which would have landed at CDR, were able to repay on time.

Rating agency Crisil in its September report said banks’ gross non-performing assets (NPAs) ratio was expected to increase to nearly three per cent by March 31, 2012 from 2.3 per cent a year ago.

The significant increase in interest rates over the past 18 months will adversely impact the asset quality and profitability of India’s banks.