IBC is less of resolution and more of liquidation, BFSI News, ET BFSI

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Bankers feel that they are not getting a good price under the Insolvency and Bankruptcy Code, which has seen dismal recoveries in many cases.

IBC is not the right solution. It is a resolution tool. If there is no resolution, automatically it goes to liquidation. That is a big problem. Resolution can be made if the underlying business is robust, says Siby Antony, chairman of the ARC Association of India.

He says banks feel that they are not getting the right price in IBC.

“Alok Industries was thought to be a very good asset but went for 17%. Binani Cement, Essar Steel were robust businesses and saw interest from strategic investors. But there are hundreds of assets where there is no interest from investors. These are smaller assets,” he said.

The status of IBC cases

Out of the total 3,774 cases or corporate insolvency resolution processes (CIRPs) filed since the Insolvency and Bankruptcy Code (IBC) came into existence in 2016, 1,604 cases, or 43 percent have closed, by way of resolution, liquidation or other means. The rest 57 percent are ongoing with many overshooting the 330-day maximum time limit.

Of the 1,604 closed cases, only 14 percent have found a resolution, whereas 57 percent have ended in the liquidation of the companies.

Interestingly, the 72% cases of CIRPs ending in liquidation were already defunct and under the Board for Industrial and Financial Reconstruction.

About 312 cases have been closed on appeal or review or settled, 157 have been withdrawn; 914 ordered for liquidation and 221, saw approval of resolution plans.

The recovery rate for resolved cases under IBC is 44% with Rs 1.84 lakh crore recovered so far of the Rs 4.13 lakh crore admitted claims.

In case of the 12 large defaulters identified by RBI, the creditors recovered Rs 1.36 lakh crore from eight cases that have been resolved so far, with recoveries ranging from as low as 17 percent of claims in the case of Alok Industries, to almost 100 percent for Jaypee Infratech.

N Kamakodi, MD & CEO of Citi Union Bank said he preferred the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFESI) over IBC.

“Since our focus is more on SME lending, we have control over the assets of the borrower. Hence, most of our resolution plans are through SARFAESI action more than the IBC.”

He added, “What is more important is whether the borrower has the skin in the game. When you want to sell it as a going concern and when there is a sufficient value, then IBC is preferable. But if the borrowers’ skin in the game is less, then the SARFAESI is a better option.”

The delays in NCLT

The 221 CIRPs that saw resolutions took an average of 375 days for the conclusion, exceeding the maximum 330 days permitted. The 914 cases under liquidation took on an average 309 days for the conclusion.

As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.
As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.

As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.

Recently, the National Company Law Appellate Tribunal (NCLAT) directed to initiate the liquidation process of edible oil company K S Oils Ltd and set aside an NCLT order passed against it. Terming it “unfortunate”, the appellate tribunal observed that even after the lapse of 981 days and repeated compliance by the Resolution Professional to initiate the liquidation process, the NCLT had not considered it.

Leading bank State Bank of India, one of the Committee of Credit (CoC) Member, on behalf of joint lenders forum who collectively holds 76.53 per cent had moved NCLAT based on which the appellate tribunal had on November 18, 2019, directed lenders to consider revised plans if any within two weeks and directed NCLT to pass appropriate order in accordance with the law.

Bad bank challenge

The government is planning to set up a bad bank and an asset management company (AMC). Loans greater than Rs 500 crore which have not been declared fraudulent will be transferred to the bad bank. It is likely that the assets would not be subjected to IBC in the first instance, and the AMC will first try and revive these companies or package the loans to an investor.

Bad Bank
Bad Bank

Also, creditors of several companies had signed the Inter Creditor Agreements (ICA) and may continue negotiation under the framework roping in distressed asset investors. Also, most of the ICA cases will have loans greater than Rs 500 crore, which will be transferred to the bad bank. MSME will be outside the scope of IBC pending notification of the designated framework.



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South Indian Bank gets nod to raise Rs 240 crore

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The lender said that up to 28,30,18,867 equity shares of face value of Rs 1 each at an issue price of Rs 8.48 each will be issued to the insurance companies.

South Indian Bank (SIB) said in a regulatory filing on Tuesday that an extraordinary general meeting (EGM) of the bank approved the special resolution to raise Rs 240 crore by issuing equity shares on a preferential basis from HDFC Life Insurance Company, Kotak Mahindra Life Insurance Company, SBI Life Insurance Company and ICICI Lombard General Insurance Company.

The lender said that up to 28,30,18,867 equity shares of face value of Rs 1 each at an issue price of Rs 8.48 each will be issued to the insurance companies.

Post-allotment of the securities HDFC Life, Kotak Mahindra Life and SBI Life will hold 4.23 % shares of the bank each, while ICICI Lombard General Insurance will hold 0.85 % share.

SIB had obtained approval of shareholders in the last annual general meeting for raising of funds in Indian or foreign currency by way of issuance of debt securities up to Rs 500 crore.

South Indian Bank has also obtained approval of shareholders for increasing the authorised capital of the bank to Rs 350 crore. The Thrissur-based bank had reported a net loss of `91.62 crore in the third quarter of the fiscal on account of higher credit cost.

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Barring Assam, microlenders’ collection efficiency improves ‘significantly’ in Q4

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Fresh loan disbursement from Bandhan in the fourth quarter has increased from the third quarter of the current fiscal.

Barring poll-bound Assam, microfinance players are seeing a healthy improvement in collection efficiency across all geographies in the fourth quarter compared to the third quarter this fiscal.

In Assam, where voting for Assembly elections will start on March 27 and conclude on April 6, some microfinance players have seen some improvements in their collection efficiency that fell sharply in January this year, while for others it has come to a standstill.

Collection efficiency for all microlenders came down in the north-eastern state after the state Assembly passed the Assam Microfinance Institutions (Regulation of Money Lending) Bill, 2020, in December last year to regulate operations of microfinance institutions (MFIs) and ease stress in the sector, and talks of a possible waiver of microloans ahead of the elections.

Bandhan Bank, a leading microlender of the country, is witnessing an improvement in its collection efficiency in Assam as borrowers have now become increasingly conscious of their credit score. In the state its collection efficiency fell to 78% during the first 16 days of January from 88% at the end of December last year. “Collection efficiency did not drop further. We are witnessing a higher collection now in Assam as more borrowers are coming to repay. They understand that repayment is very important to get a fresh loan,” Bandhan Bank managing director and CEO Chandra Shekhar Ghosh told FE.

For the Kolkata-headquartered lender, collection efficiency in Assam is still below than that of its pan-India trend. Ghosh said collection may further improve in the state after the election is over. The bank’s total micro-credit group loan in the state is around 8% of its total advances. Bandhan’s collection efficiency stood at 90% nationally during the first 16 days of January. From there, it has improved in March, Ghosh informed.

“On a pan-India basis collection efficiency in microfinance may normalise at the end of the first quarter next fiscal, while it is likely to return to the pre-Covid levels by September,” he said. Fresh loan disbursement from Bandhan in the fourth quarter has increased from the third quarter of the current fiscal.

For Ujjivan Small Finance Bank, disbursement numbers have surpassed pre-covid level as its microbanking advances has grown after November 2020. “We have an outstanding principal amount of Rs 9,912 crore till December 2020 which is growing steadily month on month,” said Rajat Kumar Singh, business head of microbanking and rural banking, Ujjivan SFB.

On collection efficiency, Singh said month-on-month it has been showing a positive trend nationally with more customer income coming back to normalcy. “Current efficiency stands at approximately 92% which translates to 101%+, if we include pre-closure and advance collection. Collection efficiency by Q2FY21 end was 83%,” he said.

In Assam, Ujjivan’s collection efficiency has improved in February, compared to January, and the bank expects it to further improve in March. “Our portfolio in Assam is less than 3% and we are currently disbursing only to existing customers there. Though the state has been a challenge since more than a year due to various factors, we expect things to improve from April onwards, once elections are over,” Singh said.

Satin Creditcare Network, one of the leading microfinance companies, said presently its disbursement is stalled in Assam. As on December 2020, it had Rs 409-crore exposure to the state, out of which its on-book portfolio is much lesser. In December, the lender’s collection efficiency stood at 84%, while nationally its cumulative collection efficiency for 9MFY21 was 92%. Around 98% of its clients paid their full instalments in January 2021.

According to Satin Creditcare, collection efficiencies are on an upward trend across all geographies. NPA numbers are improving. Although disbursement is reaching close to pre-Covid levels, the fear of Covid-19 still looms, it added.
Bhubaneswar-based MFI Annapurna Finance is not seeing any improvement in its collection efficiency in Assam from the January levels, while for Kolkata-based Village Financial Services (VFS), it has improved a little bit in the state. For both the lenders, collections have increased significantly compared to the third quarter on a pan-India basis.

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Lok Sabha passes Developmental Financial Institution Bill

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Lok Sabha, on Monday, passed the National Bank for Financing Infrastructure and Development Bill 2021, that among other things, seeks to establish a statutory institution to support the development of long term infrastructure financing in India and to carry on the business of financing infrastructure.

The statutory institution called National Bank for Financing Infrastructure and Development (NABFID) would have developmental and financial objectives.

The lower house passed this Bill through a voice vote after Finance Minister Nirmala Sitharaman replied to the Bill’s discussion.

To begin with, NABFID will be entirely owned by the central government. The centre also proposes to provide this institution with grants and contributions, guarantees at concessional rates for foreign borrowings and any other concessions. The Bill also paves the way for private sector promoted DFIs to come to the market after obtaining approval from the RBI.

While NABFID will get a ten-year income tax holiday, those DFIs promoted by the private sector and coming through the RBI approval route will get five year tax holiday to begin with and extendable by another five years.

All the hedging costs incurred by both NABFID and other DFIs (private ones) for raising foreign currency resources are proposed to be reimbursed by the government, adding to the attractiveness of this structure.

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Bill payment startup Xpay Life plans to raise funds for expansion

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Mobile van-based bill payment startup Xpay Life Pvt Ltd is looking to raise funds for expansion.

“COVID-19 disrupted our lives altogether. Our business witnessed a surge, and we successfully initiated our application business during the lockdown. In less than a year, we have grown from zero to 1 million-plus

customer base and have completed over 3 million transactions in the past 8-9 months, crossing a value of over 50 crores. Offering a platform enabling cash-based along with easy and quick digital payments is what differentiates us from the other players,” Rohit Kumar, CEO and Founder, Xpay Life Pvt. Ltd said in a statement.

He said the pandemic initiated the cashless era in India. While the urban areas have already inculcated digital methods for making payments, the rural areas are still in digital adoption.

Seeking this as an opportunity, Xpay works to empower the rural people digitally. It provides a one-stop solution to ensure that the multi-utility bill payment becomes easy and simple by using a combination of mobile vans, Point of Sale devices, and cash Acceptors, the statement said.

Started in 2019 by Rohit Kumar, Xpay’s patented Mobile van Solution comes fitted with an interactive touch screen kiosk and ATM and helps facilitate doorstep banking and payments for rural and regional banks. Using a blockchain-based transaction framework and following the AMBIC model offers various options for bill payments.

Rohit Kumar has self-funded this start-up and has so far invested more than a million dollars. However, the firm is now seeking investment to expand and grow. Presently, Xpay clocks revenue of Rs 75 crore annually, and around 3 lakh consumers pay their bills via XPay Life on an average monthly basis.

The venture has deployed kiosks in 12 cities, including Delhi, Pune and Patna. XPay Life aims to set up 1,000 payment kiosks by the end of 2021 and 1 lakh touch screen kiosks, PoS, along with mobile ATP vans in the next three years.

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RBI to consider proposal to merge twoor more Urban Cooperative Banks

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The Reserve Bank of India (RBI), on Tuesday, said it will consider proposals for merger and amalgamation of two or more Urban Cooperative Banks (UCBs).

This comes even as the central bank is evaluating proposals by three investors for acquiring the scam-hit Punjab & Maharashtra Co-operative (PMC) Bank.

As per the ‘Amalgamation of Urban Cooperative Banks, Directions, 2020’, issued on Tuesday by the RBI, it may consider proposals for merger and amalgamation among UCBs under three circumstances, including when the net worth of the amalgamated bank is positive, and the amalgamating bank assures to protect entire deposits of all depositors of the amalgamated bank.

The second circumstance for considering proposals are when the net worth of amalgamated bank is negative, and the amalgamating bank on its own assures to protect deposits of the depositors of the amalgamated bank.

The third circumstance is when the net worth of the amalgamated bank is negative and the amalgamating bank assures to protect the deposits of all depositors of the amalgamated bank, with the financial support from the State government extended upfront as part of the process of merger.

The guidelines come in the backdrop of 52 UCBs being placed under All Inclusive Directions (since April 1, 2015 till December 11, 2020) by the Reserve Bank, according to the RBI’s latest ‘Report on Trend and Progress of Banking in India’. As of March-end 2020, there were 1,539 UCBs in the country.

The RBI said the decision of amalgamation shall be approved by two-third majority of the total number of board members of both amalgamating and amalgamated UCBs, and not just of those present and voting

The draft scheme of amalgamation shall be approved by the shareholders of each UCB by a resolution passed by a majority representing two-thirds of the shareholders, both in number and value, present in person at a meeting called for the purpose.

The RBI said it has discretionary powers to approve the voluntary amalgamation of UCBs under the provisions of Section 44A read with Section 56 of the Banking Regulation Act, 1949 as amended vide Banking Regulation (Amendment) Act 2020 (39 of 2020).

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A couple of Indian fintechs likely to approach public markets this year: Credit Suisse

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Credit Suisse sees a couple of Indian fintechs approaching public markets this year.

According to Ashish Gupta, Head of Asia Financials Securities Research and Head of India Securities Research, Credit Suisse, said: “The number of fintechs in public markets are limited… We expect that to change in the current year itself. We expect a couple of fintechs to come to public markets this year,” said Ashish Gupta, Head of Asia Financials Securities Research and Head of India Securities Research, Credit Suisse, at a virtual press briefing during the 24th Credit Suisse Asian Investment Conference.

Responding to a query on how foreigners can invest in the growing Indian fintech ecosystem. Gupta said foreigners can invest in both private as well as public market fintechs.

“Indian fintech companies have attracted $10 billion of capital and are now at the forefront of India’s start-up ecosystem. Digital payments are primarily leading the fintech scale-up in India and have grown 10 times over the last five years, now having a 30 per cent share totalling $450 billion,” he added.

In tandem

Gupta highlighted that fintech growth in India is not just happening as a challenge to incumbents. “It is happening in partnership with the incumbents and we are seeing incumbents also rapidly digitising. As much as 50-70 per cent of the business of incumbents come through digital channels, which are proprietary or in partnership with fintechs.

“We should not think fintechs as disruptors or competition for the incumbents. We believe the fintech growth in India is going to increase the overall penetration of financial services and, therefore, the pie grows bigger rather than getting sliced into smaller pieces.”

A recent Credit Suisse report, has highlighted highted that an unprecedented pace of new-company formation and innovation in a variety of sectors resulted in a surge in the number of highly valued and as-yet-unlisted companies. Against 336 listed companies with a $1-billion market capitalisation, there are now 100 unicorns in India with a combined market capitalisation of $240 billion.

Neelkanth Mishra, Co-Head of Equity Strategy, Asia Pacific and India Equity Strategist at Credit Suisse, said: “Our research found 100 unicorns in India in a diverse set of industries, including technology and tech-enabled sectors, such as, pharmaceuticals/biotech and consumer goods, benefiting from formalisation and accelerating digital adoption. Fast-growing and innovative (unlisted) firms are sprouting up in new sectors as well as locations across India, rapidly gaining scale as they ride unique growth opportunities from digital public infrastructure and partnerships.”

The sectoral split is highly diversified for these 100 unicorns, in addition to the largely expected e-commerce, financial technology, education technology, food delivery, and mobility companies. Furthermore, there is a rapidly growing number of firms in industries such as Software-as-a-Service (SaaS), gaming, new-age distribution and logistics, modern trade, biotech, and pharmaceuticals. Even fast-growing consumer brands have benefited from accelerating internet penetration and formalisation of sectors.

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‘Now, customer’s NPA status will be recorded everywhere’

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Banks will be back to the usual way of recognising non-performing assets (NPA) and initiating normal recovery proceedings following the Supreme Court vacating its September 2020 interim order.

The earlier order had directed lenders that accounts that were not declared as NPA till August 31, 2020, shall not be declared as NPA till further orders.

‘Recognising NPAs’

Rajkiran Rai G, MD and CEO, Union Bank of India, and Chairman, Indian Banks’ Association, observed that banks are already recognising NPAs (where there was asset classification standstill) as proforma NPAs and have been proactively making provisions. “So, now only actual NPAs will get recognised at March-end in the book. Banks may have to make only incremental provisions in the fourth quarter. It will be back to normalcy. We will be able to go through our recovery process and all that,” said Rai.

Advantage for customer

The Union Bank chief noted that for a customer the advantage during the asset classification standstill period was that even though he was defaulting, it was not getting reported to the rating agencies and the credit information bureaus.

“Now the customer’s NPA status will be recorded everywhere. So, if a customer is defaulting, his rating may be impacted and banks may start normal recovery action.

“Till now, it has been a soft recovery effort because we have not actually marked the account as NPA,” he said.

Krishnan Sitaraman, Senior Director, Crisil Ratings, said the SC judgment clears the way for lenders to recognise NPAs as per the delinquency record of borrowers, which they had not been able to since the end of the moratorium period in August 2020.

Most lenders, however, had disclosed proforma NPAs and also made provisions against the same, which may limit the immediate impact on profitability.

“Standstill on recognition of NPAs had tied the hand of lenders and, consequently, impacted the credit discipline of borrowers.

“Withdrawal of the same will enable lenders to enforce various legal measures and support their recovery efforts,” said Sitaraman

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‘SC verdict will ensure the economy continues its course to normalcy’

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Banking stocks gained on Tuesday soon after the Supreme Court pronounced its verdict on loan moratorium. Bank Nifty was up 1.73 per cent. Indusind Bank, Axis Bank, SBI, and HDFC Bank were among the gainers on the Sensex.

Rating agency Crisil said the verdict clears the way for lenders to recognise non-performing assets as per the delinquency record of borrowers, which they have not been able to since the end of the moratorium in August 2020.

Most lenders have, however, disclosed proforma NPAs and also made provisions against them, which may limit the immediate impact on profitability, it further said.

“Reported Gross NPAs of the banking system is estimated to be about seven per cent as of December 31, 2020. These would have clocked about 100 basis points higher at about eight per cent if the NPA standstill had not been announced by the Supreme Court earlier,” it said.

Standstill on recognition of NPAs had tied the hand of lenders and impacted the credit discipline of borrowers. Lenders will now be able to enforce legal measures and support their recovery efforts, said Crisil.

The Centre may have to allocate an additional ₹7,000 crore as relief to borrowers following the Supreme Court verdict on loan moratorium on Tuesday, according to ICRA.

“As per our estimates, the compounded interest for six months of moratorium across all lenders is estimated at ₹13,500 crore to ₹14,000 crore,” said Anil Gupta, Vice President, Financial Sector Ratings, ICRA.

Pointing out that the Centre has already announced relief for borrowers having borrowings up to ₹2 crore, which was estimated to cost about ₹6,500 crore to the Exchequer, Gupta said: “With the announcement of waiver for all borrowers, the additional relief of about ₹7,000 crore to ₹7,500 will need to be provided to borrowers.”

Satyam Kumar, CEO, and Co-founder, Loantap, also said the verdict will allow regular functioning of the banking system and ensure the economy continues its course to normalcy.

According to Samantak Das, Chief Economist and Head of Research and REIS, India, JLL, the refusal to not extend the moratorium period is unlikely to considerably impact the developers since not many of them opted for the moratorium in the first place.

“As far as home buyers are concerned, significantly low-interest rates offered by various banks have already pushed up affordability,” he said.

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South Indian Bank gets shareholders’ nod for ₹240-cr preferential allotment to QIPs

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Private sector South Indian Bank said shareholders of the bank on Tuesday approved raising equity capital of ₹240 crore through qualified institutional placement (QIP).

The shareholders of the bank at the extraordinary general meeting approved the resolution for issuance of equity shares on preferential basis, the bank said.

The special resolution was passed with requisite majority (99.96 per cent), South Indian Bank said in a regulatory filing.

“Approval of the members of the bank has been accorded to create, offer, issue and allot 28,30,18,867 equity shares of ₹1 each for a consideration not exceeding an aggregate amount of ₹239,99,99,992.2 to four investors, a each a qualified institutional buyer (QIB) by way of preferential allotment on private placement basis (preferential allotment),” the bank said.

Under the resolution, Kotak Mahindra Life Insurance Co Ltd; HDFC Life Insurance Co Ltd and SBI Life Insurance Co Ltd will be allotted 8,84,43,396 shares each for ₹75 crore each ( ₹74,99,99,998.1). While, ICICI Lombard General Insurance Co Ltd will subscribe to 1,76,88,679 shares for ₹15 crore ( ₹14,99,99,997.9).

The EGM, attended by all the ten directors of the board, happened through video conferencing and other audio visual means. South Indian Bank scrip closed 1.14 per cent up at ₹ 8.90 apiece on BSE.

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