Banks to invoke sureties given by promoters of 17 defaulting cos

[ad_1]

Read More/Less


Several banks, including State Bank of India and Bank of Baroda, are moving to invoke the personal guarantees given by promoters of 17 defaulting companies including Punj Lloyd, Amtek Auto, ABG Shipyard, Videocon, Varun Shipping, and Lanco. They have approached the National Company Law Tribunal.

“Banks have decided that for invoking the personal guarantees, only the lead lender in each case will go to the NCLT. Applications have been filed before NCLT Benches in Delhi, Ahmedabad, Kolkata and Mumbai,”said a source.

In May, the Supreme Court upheld the amendment to the Insolvency and Bankruptcy Code that allowed lenders to invoke the personal guarantees of promoters to recover their dues. This came as a major relief for lenders as under the corporate insolvency process, they are able to recover 35-40 per cent of the total debt in most cases. Now, in the absence of a credible repayment plan, creditors can initiate bankruptcy proceedings against the promoters. According to a PIL in the Supreme Court, lenders can recover ₹1.6-lakh crore from 40 defaulting promoters through this route.

Post SC order, banks move to assess value of promoters’ assets

However, one major hurdle is that many promoters are scam-tainted and are being investigated for fraud. DHFL’s former promoter Kapil Wadhawan, for example, is in prison for alleged fraud. “Most of these promoters in default are scam-tainted and their multi-billion rupee assets already attached by the Enforcement Directorate and the Economic Offences Wing of the Police. Getting the assets released from these agencies will take its own time,” said a lawyer on conditions of anonymity as he represents a defaulting promoter.

Nakul Sachdeva of L&L Partners, said though there is the Supreme Court judgment, the procedure for invoking personal guarantees is yet to be fully tested.

[ad_2]

CLICK HERE TO APPLY

Jet Airways lenders face 95% haircut, but get 9.5% stake, BFSI News, ET BFSI

[ad_1]

Read More/Less


Financial creditors to Jet Airways will take around 95 per cent haircut with the bidder Jalan-Kalrock consortium pay Rs 385 crore against the total claim of Rs 7,807.74 crore.

The new owner will pay Rs 185 crore within 180 days after the start of operations of the company and the rest Rs 195 crore through issuance of zero-coupon bonds of Rs 1,000 face value after two years, according to a report.

The consortium would also give 9.5 per cent stake to the lenders in Jet Airways and 7.5 per cent in the loyalty program Jet Privilege Private Limited.

The claims

The total creditor claims of Jet Airways in NCLT are Rs 40,259.12 crore.

The total admitted claims are Rs 22,167.23 crore including Rs 7,807 crore from financial creditors. The domestic lenders owe Rs 5,776.71 crore to the airline. State Bank of India has claims of Rs 1,636.22 crore, YES Bank with Rs 1,084.44 crore, Punjab National Bank Rs 754.11 crore, IDBI Bank Rs 594.42 crore, Canara Bank Rs 543.61 crore, ICICI Bank Rs 519.08 crore, Bank of India Rs 263.57 crore, Indian Overseas Bank Rs 158.24 crore, Syndicate Bank Rs 169.73 crore, PNB Hong Kong Rs 42.98 crore, ICICI Bank ECB Loan Rs 9.86 crore.

Foreign lenders including UAE based Mashreq bank, France’s Natixis SA owe Rs 563 crore.

Operational creditors will get a maximum of Rs 15,000 each irrespective of the claim amount.

The company’s plans

The new promoters will infuse Rs 1,375 crore over the next two years into the company, of which around Rs 975 crore will be used for capital expenditure and working capital expenses.

However, National Company Law Tribunal has denied the earlier Jet Airways slots at airports saying the airline cannot claim historicity to obtain airport slots belonging to the airline as it didn’t have any operating slots on the day of the commencement of the insolvency process.

The insolvency

Jet Airways was admitted for insolvency on June 20, 2019, after all the attempts by the lenders to sell the defunct airline failed. The National Company Law Tribunal last month allowed the resolution professional for Jet Airways, to extend the corporate insolvency resolution process of the grounded airline by 90 days.

After Jet Airways went bust, the government temporarily allotted the hundreds of airport slots owned by it to other carriers to contain soaring airfares in the peak holiday season.



[ad_2]

CLICK HERE TO APPLY

DHFL creditors vote against higher distribution of funds to small investors

[ad_1]

Read More/Less


The Committee of Creditors of Dewan Housing Finance Corporation Ltd (DHFL) has voted against the proposal for redistribution of funds to small deposit holders.

Sources said 89.19 per cent of the votes by financial creditors, including fixed deposit holders, were cast against the proposal. Only 2.96 per cent of votes were in favour of the proposal while 7.85 per cent abstained from voting.

This will mean that the current distribution pattern for DHFL will continue. Fixed deposit holders will get about ₹1,241 crore, that is 23 per cent of their admitted claims of about ₹5,400 crore.

The National Company Law Tribunal (NCLT), in its order on June 7, had suggested 40 per cent recovery to small deposit holders on the lines of that of financial creditors.

The Committee of Creditors had accordingly proposed higher distribution of funds to small investors, including fixed deposit and NCD holders and pension funds.

Admitted claims

According to the proposal put for voting, the entire admitted claims of Army Group Insurance Fund, Air Force Group Insurance Society and Navy Children School would be paid fully in cash.

Further, it was proposed that all fixed deposit holders will be paid additional amounts in cash in order to ensure that the entire amount paid to them is about 40 per cent of the admitted claims, similar to the recovery to secured financial creditors.

Unsecured NCD holders with investments up to ₹10 lakh were proposed to be repaid 40 per cent of the admitted claims like in the case of fixed deposit holders.

Outgo for lenders

The total outgo for lenders of DHFL on these proposals would have been ₹1,853.21 crore. Voting on the proposals took place between June 20 and June 22.

Both FD and NCD holders had previously expressed unhappiness with the revised proposals.

“Almost all NCD holders will be happy that the proposal got rejected. There are two other issues that NCD holders are mainly concerned about. No one can understand the slabs designed for repayment of NCD holders,” said a person familiar with the development.

Fixed deposit holders as well as NCD holder 63 Moons Technologies plan to challenge the NCLT order in the National Company Law Appellate Tribunal. Provident and pension funds are also likely to challenge the order.

“We are filing a petition challenging the order and to get 100 per cent of our funds back,” said Vinay Kumar Mittal, a lead petitioner in the court on behalf of FD holders of DHFL.

Meanwhile, the CoC approved another proposal to authorise State Bank of India, Union Bank of India and Catalyst Trusteeship to act on its behalf for the implementation of the resolution plan.

[ad_2]

CLICK HERE TO APPLY

DHFL lenders begin voting on proposals for redistribution of funds to small investors

[ad_1]

Read More/Less


Lenders to Dewan Housing Finance Corporation Ltd have begun voting on new proposals for redistribution of funds to small investors, including fixed deposit and NCD holders as well as pension funds.

According to the proposal put forward for voting, the entire admitted claim of ₹39 crore of Army Group Insurance Fund, ₹72.93 crore of Air Force Group Insurance Society and Navy Children School of ₹2.54 crore will be paid fully in cash.

Further, it has also been proposed that all fixed deposit holders will be paid additional amounts in cash in order to ensure that the entire amount paid to them is about 40 per cent of the admitted claims, similar to the recovery to secured financial creditors.

Unsecured NCD holders have been categories based on their investments in four categories: up to ₹2 lakh, between ₹2,00,001 and ₹5 lakh, between ₹5,00,001 and ₹10 lakh, and those above ₹10 lakh.

Despite the turmoil, DHFL buy is an opportunity for Piramal Group

Unsecured NCD holders with investments up to ₹10 lakh will be repaid 40 per cent of the admitted claims like in the case of fixed deposit holders.

Investors not happy

The total outgo for lenders of DHFL on these proposals would be ₹1,853.21 crore.

However both NCD holders and fixed deposit investors of DHFL continue to be unhappy with the proposals. NCD holders up to ₹10 lakh believe that their repayment under the new proposal will be lower than before.

BSE, NSE to suspend trading in DHFL shares

The NCLT, while approving the resolution plan for DHFL on June 7, had asked the Committee of Creditors to reconsider the distribution of funds to fixed deposit holders and provident funds within two weeks, noting that they had deposited their hard-earned savings and are now facing difficulties amongst the Covid-19 pandemic and job losses.

[ad_2]

CLICK HERE TO APPLY

NPA: NPAs – Are Lenders Credulous!, BFSI News, ET BFSI

[ad_1]

Read More/Less


The detritus of over Rs 10 lakh cores NPA has been inviting the ire of the public and pundits. The fact that over 90% of NPAs were contributed by large borrowers has only infuriated and fueled suspicion on the skills and integrity of borrowers, lenders, rating agencies , auditors, government, supervisors and all the stakeholders.

Well one may wonder whether this is appropriate time to discuss about NPAs, when the pandemic is ravaging the lives and livelihoods with such ferocity. Health care is the top of the mind of every citizen and the governments. At the same time financial sector has to play an important role in economic recovery. Livelihoods and businesses need financial oxygen (money) to recover, rehabilitate and resume their lives and businesses.

Reeling under massive burden of NPAs, lenders are naturally risk and loss averse. This behavior only compounds problems for themselves as well the economy. Unless lenders resume their business and grow by at least 15%, no nation can grow and more so in an economy dominated by financial institutions and not debt markets. But it cannot be business as usual in their lending process, operations and decisions.

Smart lenders ask themselves of what has gone wrong and learn lessons and avoid repetition of mistakes in their decisions.

Forensic audit reports, internal reports and RBI’s Asset Quality reviews have brought out fault lines in lending process and operations besides malfeasance. Successful underwriting process revolves around primarily assessment of (3C s) Character, Capital and Capacity of the borrower. If any borrower is short on any or all of the 3C-s, the probability of default (PD) is very high.

Credit underwriting is no rocket science. One may not be faulted in asking — Did the lenders questions wrongly on 3Cs to borrowers while evaluating credit decisions/ Or did the borrowers give wrong answers deliberately or otherwise and this led to faulty assessment of 3C-s ending up in NPA/ Or Are the lenders plain credulous and believed whatever these NPA borrowers had said and did?

3Cs framework looks blindingly obvious but their assessment is tricky. The most difficult is assessing the intent and character of the borrower. This is evident from the fact that banks /auditors have flagged as much as Rs Three-lakh crores as frauds. There are a large number of willful defaulters as well.

Audits and investigations both internal and external have revealed, of course quite late in the day that many of the large borrowers had no adequate capital of their own as a buffer and defense against adverse business developments and faltered badly. Many of these borrowers have round tripped borrowing from one bank as capital in another project of another lender. This elevated leverage led to liquidity and ultimately solvency crisis turning the lending as NPA.

Capacity of the borrowers to run the business successfully is a moving target in this fast moving business landscape/ models and disruptions. Many could not handle expansions and diversification of their businesses. Past experience and credit history does not help most of the time.

It is time that lenders beef up their 3C assessment capabilities lest they repeat the story. Many lenders add more Cs like Collaterals, Covenants and Controls to protect their lending. 3C framework captures the essential risk characteristics and traits of borrowers. This tool may be sharpened by deploying AI and digitization of the entire process.

Even Global Finance Crisis that cost more than a Trillion to global banks is a failure to adhere to 3C-s framework.
Supervisors in turn evaluate lenders on 3 C frameworks besides their own self assessment. Nothing prevents owners and regulators embracing 3 C framework in their own context.

This tool is relevant to other lenders like Mutual funds, Insurance companies, funds etc.

The 3C framework is as old as lending. But it is not atavistic

The blog has been authored by B Sambamurthy a Nominee Director from Reserve Bank of India and an ex Director and CEO of Institute for Development and Research in Banking Technology (IDRBT), Hyderabad.

DISCLAIMER: The views expressed are solely of the author and ETBFSI.com does not necessarily subscribe to it. ETBFSI.com shall not be responsible for any damage caused to any person/organisation directly or indirectly.



[ad_2]

CLICK HERE TO APPLY

Flexmoney raises $4.8 million in Series A funding

[ad_1]

Read More/Less


Flexmoney, a digital credit network platform for lenders and merchants, has raised $4.8 million in Series A funding, led by Pravega Ventures with participation from Silicon Valley-based Z5 Capital.

The round also saw participation from several marquee individual investors including Ben Davey, former Group Head of Strategy, Barclays Bank & CEO Barclays Ventures; Mike Smith, former Chief Product & Technology Officer, Barclays Ventures & Director, Amazon Core Display Ad Platform; Ambarish Malpani, successful serial entrepreneur and technologist and Rishad Byramjee, Group MD and CEO Casby Logistics & Board Member, Centrum Group.

Flexmoney aims to use the funds to scale its credit network footprint to more lenders and merchants, launch additional products and consolidate its position. Flexmoney had previously raised seed funding from multiple global and domestic angel investors.

Nanda Krish, General Partner at Z5 Capital, said: “InstaCred by Flexmoney is already the largest ‘Buy Now, Pay Later’ platform in India, and the need and potential for this Internet credit infrastructure spans across even more global markets. We’re proud and excited to partner with Flexmoney to scale up and revolutionise the credit ecosystem in India and across the globe”.

Yezdi Lashkari, Founder and CEO of Flexmoney Technologies, said, “Flexmoney’s digital credit platform provides a seamless and secure ‘plug and play’ proposition for trusted lenders and merchants to offer the widest set of options for frictionless, secure, instant checkout finance to their customers and is transforming their purchase experience. With this funding, we are one step closer to achieving our vision of simplifying and democratising consumer credit in India”.

[ad_2]

CLICK HERE TO APPLY

Lenders likely to move NCLAT over DHFL

[ad_1]

Read More/Less


Lenders to troubled Dewan Housing Finance Corporation Ltd (DHFL) are looking at various options and are expected to file an appeal with the National Company Law Appellate Tribunal (NCLAT) on Monday.

The move comes after the National Company Law Tribunal asked DHFL’s Committee of Creditors to consider the offer made by its former promoter Kapil Wadhawan within the next 10 days. In his second settlement offer, Wadhawan had offered ₹91,158 crore, which is over ₹50,000 crore more than the ₹34,250 crore is being offered by Piramal Enterprises.

Also read: Allowing Wadhawan to present settlement offer could derail DHFL resolution process: RBI

The Reserve Bank of India in its affidavit to the NCLT had said that permitting Wadhawan to make an offer for DHFL could derail the company’s resolution process. Bankers too are not in favour of such a move and have been left worried by the NCLT decision.

[ad_2]

CLICK HERE TO APPLY

Interest on interest refunds: Lenders make provisions in Q4FY21

[ad_1]

Read More/Less


Post the announcement of fourth quarter results by banks and finance companies, it has come to light that many have made provisions for refunding the interest on interest on the loan moratorium to all borrowers.

Private sector lender HDFC Bank has kept aside ₹500 crore for interest on interest provisions while ICICI Bank said it has provided ₹175 crore for the purpose. For Axis Bank, the estimated impact of the interest on interest refund is ₹160 crore.

Mahindra Finance has kept aside ₹32 crore for this purpose.

In its fourth quarter results, PNB Housing Finance had said that the methodology for calculation of the amount of such ‘interest on interest’ has been recently circulated by the IBA.

“The company is in the process of suitably implementing this methodology and has created a liability towards estimated interest relief and reduced the same from the interest income for the year ended March 31, 2021,” it had said.

In a recent note, ICICI Securities had said that the waiving ‘interest on interest’ on loans above ₹2 crore during the moratorium period on all loans will lead to a fresh burden of ₹11,200 crore on the industry. This will include about ₹3,200 crore for private banks and small finance banks, ₹5,500 crore for public sector lenders and ₹2,000 crore for all NBFCs and housing finance companies, it had said.

IBA finalises methodology

While some lenders have sought clarifications, the IBA has recently finalised the uniform methodology for refund or adjustment as per the Supreme Court judgement.

Under the norms, borrower accounts which were standard as on February 29, 2020 including SMA-0, SMA-1 and SMA-2 will be eligible for the refund. All loans, working capital, trade products, which had outstanding during the moratorium period shall be considered.

The Supreme Court, in its judgement in March, had ruled that all borrowers will be eligible for waiver of interest on interest for the loan moratorium due to the Covid-19 pandemic.

On April 7, the Reserve Bank of India had asked all lenders to compensate borrowers for the interest on interest during the moratorium whether they had taken the moratorium or not. Earlier, the Centre had picked up the tab for waiver of interest on interest for loans up to ₹2 crore.

[ad_2]

CLICK HERE TO APPLY

India to inject $2 billion capital in four weakened state banks, BFSI News, ET BFSI

[ad_1]

Read More/Less


By Suvashree Ghosh

India will infuse 145 billion rupees ($2 billion) into four state-run banks to help strengthen capital buffers and potentially free some of the lenders from regulatory curbs.

Central Bank of India, Indian Overseas Bank, Bank of India and UCO Bank will receive the funds through zero-coupon bonds, according to a government notification dated Tuesday. All these lenders, except Bank of India, are under the Reserve Bank of India’s sanctions as their bad loans rose.

Prime Minister Narendra Modi’s government needs a healthier banking sector to boost lending and revive an economy set for a steep contraction. It is also looking to sell its stakes in certain lenders to earn cash and improve competitiveness. The industry’s bad-loan ratio is forecast to double in the year through September, with most of the soured assets held by state-run banks.

Follow and connect with us on , Facebook, Linkedin



[ad_2]

CLICK HERE TO APPLY

Marginal impact of SC verdict on moratorium on earnings

[ad_1]

Read More/Less


With banks gearing up to close the financial year and announce results for the fourth quarter and full fiscal 2020-21 in the coming weeks, analysts and experts believe that the Supreme Court verdict on loan moratorium will have marginal impact in terms of their earnings. It is expected that most lenders are likely to move into expansion mode now thanks to signs of economic recovery and improved credit demand.

“Our analysis indicates the earnings impact of the residual exposure is not very material,” said Edelweiss Research in a recent report.

Also read: Loan moratorium: SC orders full waiver of interest on interest

It has worked out three scenarios of such loans being 15 per cent, 20 per cent and 25 per cent of the moratorium books of its coverage banks. “The impact of a hit from loss of interest on interest for this moratorium period will, at most, result in a few basis points dent to the annual net interest margin, even if incremental costs are entirely borne by the banks and with no further government contribution,” it said.

Private sector lenders are set to announce their fourth quarter results in the coming weeks in April followed by public sector banks. HDFC Bank is scheduled to announce its results for the quarter ended March 31, 2021 and the fiscal year 2020-21 on April 17 while ICICI Bank will announce it on April 24.

A report by Axis Securities said it is not yet clear whether this incremental hit will be absorbed by the government or passed on to the banks.

“Even so, it will be a one-time hit and not have a material impact as it only pertains to interest on interest for five months period only. We expect that with NPA standstill withdrawn, banks will report actual NPAs in the fourth quarter of 2020-21 instead of reporting proforma NPAs, which could lead to some margin compression,” it said, adding that with better clarity on asset quality, banks with excess provisions such as ICICI Bank could result in some provision write-backs.

“On overall basis, we remain positive on banks due to improving macro-economic recovery feeding into better credit growth and limited asset quality disruption,” said Emkay Financial Services in a recent note.

Improved credit demand

Bankers have also been talking about increased credit demand in recent months.

CARE Ratings noted bank credit growth has stood largely stable compared to the last fortnight and returned to the levels observed in the early months of the pandemic (the bank credit growth ranged between 6.1 per cent to 7 per cent during March and February 2020).

“The credit growth stood at an almost similar level during the last two fortnights at 6.6 per cent and 6.5 per cent, marginally higher compared with last year’s level of around 6.1 per cent, as economic activities gather pace,” it said.

[ad_2]

CLICK HERE TO APPLY

1 2 3