Future, Voda Idea rulings threaten Rs 50,000 crore loans, underscore legal risks for banks, BFSI News, ET BFSI

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Banks have been cautious in big-ticket lendings, taking into consideration various parameters.

Now they need to be overcautious about the adverse court rulings as just two verdicts of Future Group and Vodafone Idea delivered last week have put over Rs 50,000 crore loans in jeopardy.

Last week, the Supreme Court effectively blocked Future Group’s $3.4 billion sale of retail assets to Reliance Industries, jeopardising nearly Rs 20,000 crore the retail conglomerate owes to Indian banks.

Loans to Future worth nearly 200 billion rupees were restructured earlier this year, giving it more time to come up with repayments due over the next two years, but that was on the premise that Reliance would bail it out,

That Future ruling was delivered days after the Supreme Court rejected a petition to allow telecom companies to approach the Department of Telecommunications to renegotiate outstanding dues in a long-runinng dispute with Indian telecom players.

That raises concerns over whether Vodafone Idea will repay some Rs 30,000 crore it owes to Indian banks and billions of dollars more in long-term dues to the government.

At the end of March, Indian banks had total non-performing assets of Rs 8.34 lakh crore, the government has said.

Vodafone Idea

If the telecom firm fails to repay its adjusted gross revenue dues to the government and its guarantees are invoked, it would immediately turn into debt and would soon be classified as a non-performing asset. The Supreme Court last week rejected telecom firms’ plea for reconsidering calculation of adujsted gross revenues.

The hit on PSU banks will not be as large as their exposure because in recent years lenders have been demanding a substantially higher cash margin for their guarantees. IDBI Bank is understood to have up to 40% margins for the guarantees it has extended. But even then it will be large enough to wipe out profits for many.

What ahead?

The insolvency process can work only when there are buyers. In the case of Vodafone, the Rs 53,000-crore AGR (adjusted gross revenue) dues to the Centre are a deterrent. This is despite Birla being willing to write down his entire equity. The government dues cannot be avoided as the Centre cannot make an exception for one company. Even in insolvency cases, the department of telecom has claimed its dues to be that of a financial creditor although there have been attempts to mark them as operational creditors.

The uncertainty over DoT’s claims, which is already being experienced by lenders in the Reliance Communications insolvency case, would make telecom resolutions a challenge. Lenders do not want to risk insolvency as this would result in the exit of customers which was the case with RCom.

With the company’s debt obligations being equal to 1.5% of the banking sector’s credit, experts have suggested the debt be converted into equity shares, the company be nationalised and perhaps merged with BSNL and MTNL. However, it seems highly unlikely the government will nationalise the company. On balance, they would reckon it is better to give up the revenues than act politically incorrectly in bailing out a private sector player—one with a foreign promoter.

The Future is bleak

Local and overseas banks — 28 of them led by Bank of India — were counting on Reliance Retail’s takeover of the Future Group for recovery of their dues.

In April, the KV Kamath Committee set up by the Reserve Bank of India (RBI) approved a proposal by the lenders to restructure loans to Future Retail and

Future Enterprises, the main units of the Kishore Biyani-led group. Bank of India is the lead lender among the 28 local and overseas financiers that floated the loan recast plan.

According to that deal, Future Group had promised to pay banks Rs 6,900 crore in two tranches by the end of FY22, mainly by selling its small format stores.

This would allow lenders to convert the short-term loans, non-convertible debentures and overdue working capital loans into term loans, which were to be repaid in two years. The group has not yet identified any buyers for these stores.

Bankers had agreed on the deal as a temporary arrangement on expectations that the Reliance takeover will be completed soon, meaning the lenders would no longer depend upon Future to make the payments.

With this latest court order, all such plans will have to be reconsidered.

The group has very little immovable property that can be sold. All its assets are in the form of inventory and receivables that are very difficult to recover. The Reliance-led plan is the best option right now because the recovery will be very low in the bankruptcy courts.

Future Retail is the largest debtor in the group, with about Rs 10,000 crore of dues. Two other listed companies — Future Enterprises that holds its supply

chain, and Future Lifestyle Fashions that houses apparel brands such as Central and Brand Factory — add another Rs 11,000 crore to the debt pile.

Lenders had agreed to an interest moratorium between March 1, 2020 and September 30, 2021. They had also agreed upon waiving all penal interest and charges, default premiums and processing fees unpaid since March 2020 to the date of the implementation of the Reliance Retail takeover.

There is some respite in the central bank’s extension of the timeframe for meeting the financial parameters for companies undergoing restructuring.



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Vodafone Idea lenders can potentially lose Rs 1.8 lakh cr if telco collapses, BFSI News, ET BFSI

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A fresh eruption in Vodafone Idea financial woes with the promoter K M Birla offering to hand over his equity to the government has worried the telco’s lenders who stare at a loss of Rs 1.8 lakh crore if the company collapses. “I am more than willing to hand over my stake in the company to any entity- public sector/government /domestic financial entity or any other that the government may consider worthy of keeping the company as a going concern,” Birla said in the letter.

A large part of the loans to the lender is in the form of guarantees with public sector banks having a lion’s share of the debt. Some private lenders with a funded exposure have already started making provisions.

The debt

According to official data, VIL had an adjusted gross revenue (AGR) liability of Rs 58,254 crore out of which the company has paid Rs 7,854.37 crore and Rs 50,399.63 crore is outstanding.

VIL’s gross debt, excluding lease liabilities, stood at Rs 1,80,310 crore as of March 31, 2021. The amount included deferred spectrum payment obligations of Rs 96,270 crore and debt from banks and financial institutions of Rs 23,080 crore apart from the AGR liability.

The scenario

If fails to repay its dues to the government and these guarantees are invoked, it would immediately turn into debt and would soon be classified as a non-performing asset.

The hit on PSU banks will not be as large as their exposure because in recent years lenders have been demanding a substantially higher cash margin for their guarantees. IDBI Bank is understood to have up to 40% margins for the guarantees it has extended. But even then it will be large enough to wipe out profits for many.

What ahead?

The insolvency process can work only when there are buyers. In the case of Vodafone, the Rs 53,000-crore AGR (adjusted gross revenue) dues to the Centre are a deterrent. This is despite Birla being willing to write down his entire equity. The government dues cannot be avoided as the Centre cannot make an exception for one company. Even in insolvency cases, the department of telecom has claimed its dues to be that of a financial creditor although there have been attempts to mark them as operational creditors.

The uncertainty over DoT’s claims, which is already being experienced by lenders in the Reliance Communications

insolvency case, would make telecom resolutions a challenge. Lenders do not want to risk insolvency as this

would result in the exit of customers which was the case with RCom.

With the the company’s debt obligations being equal to 1.5% of the banking sector’s credit, experts have suggested the debt be converted into equity shares, the company be nationalised and perhaps merged with BSNL and MTNL. However, it seems highly unlikely the government will nationalise the company. On balance, they would reckon it is better to give up the revenues than act politically incorrectly in bailing out a private sector player—one with a foreign promoter.



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Voda Idea lenders fret over ‘too big to fail’ telco giant, BFSI News, ET BFSI

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Mumbai: A day after Kumar Mangalam Birla’s letter warning that Vodafone Idea (VIL) may reach an “irretrievable point of collapse” became public, banks are worried about the fate of the telecom major which, they say, is “too big to fail”.

Lenders, both Indian and global, have an exposure of Rs 1.8 lakh crore. A large part of this is in the form of guarantees. Some private lenders with a funded exposure have already started making provisions. However, the bulk of the exposure is to public sector banks.

If VIL fails to repay its dues to the government and these guarantees are invoked, it would immediately turn into debt and would soon be classified as a non-performing asset. The hit on public sector banks will not be as large as their exposure because in recent years, lenders have been demanding a substantially higher cash margin from Vodafone for their guarantees. IDBI Bank is understood to have up to 40% margins for the guarantees it has extended. But even then it will be large enough to wipe out profits for many.

For banks, recovery of debt is contingent on VIL remaining operational and retaining customers. While the company continues to have close to a fourth of the Indian market, its situation could change overnight if there is a default. According to bankers, the insolvency process can work only when there are buyers. In the case of VIL, the Rs 53,000-crore AGR (adjusted gross revenue) dues to the Centre are a deterrent. This is despite Birla being willing to write down his entire equity.

The government dues cannot be avoided as the Centre cannot make an exception for one company. Even in insolvency cases, the telecom department has claimed its dues to be that of a financial creditor although there have been attempts to mark them as operational creditors. The uncertainty over telecom department’s claims, which is already being experienced by lenders in the Reliance Communication insolvency case, would makes telecom resolutions a challenge. Lenders do not want to risk insolvency as this would result in the exit of customers which was the case with RCom.

Lenders say besides the company’s debt obligations being equal to 1.5% of the banking sector’s credit, VIL is a large telecom infrastructure provider. Several business applications run on their networks and the company is one of the largest providers of “internet of things” service. A bank executive said insolvency would be a worst-case scenario as there is a risk of customers migrating.



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LIC puts 15 bad loan accounts including DHFL, RCom on block ahead of IPO, BFSI News, ET BFSI

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LIC has put on block its fully provided 15 bad loan accounts, including DHFL, RCom and IL&FS, on sale as it cleans up books ahead of its initial public offering.

The accounts that are put on sale include DHFL (Rs 2,610 crore), RCom (Rs 2,200 crore), Reliance Capital (Rs 775 crore), Amtek Auto (Rs 380 crore) and Jaiprakash Associates (Rs 313 crore) and IL&FS (Rs 300 crore).

The corporation has brought down its net non-performing assets to 0.05% as of March 2021 from 0.79% as of March 2020 and is selling its fully provided NPAs.

The corporation has fully provided for these loans and the sale would improve the quality of its portfolio. The corporation is selling its default debt in a phased manner.

IDBI Capital Markets is offering LIC’s loans to asset reconstruction companies, banks, NBFCs, and alternate

investment funds. The potential buyers must sign a non-disclosure agreement. The investment bank may resort to the Swiss challenge method of selling where the rivals will be given an option to improve on the best bid. Some of the loans were being sold because of a regulatory requirement.

Gearing up for IPO

As part of its IPO plans, the corporation plans to audit its half-yearly accounts for the period ended September 2021.

Traditionally, the corporation has been publishing only full-year accounts. The half-yearly accounts are likely to include the embedded value — a valuation method unique to insurance companies that includes the net present value of future earnings from policies. LIC has appointed Milliman as the actuary for the process and EY as the advisers.

The corporation is simultaneously engaged in the recast of its capital base that will enable the distribution of shareholding over a much wider base.

No Chairman post

LIC will now have the post of Chief Executive Officer and Managing Director instead of the Chairman position, with the government making changes to relevant rules ahead of the IPO.

The changes have been made by the Department of Financial Services under the finance ministry by amending Life Insurance Corporation of India (Employees) Pension (Amendment) Rules. Besides, some other rules under LIC Act, 1956, have been amended.

“Chief Executive and Managing Director means the Chief Executive Officer and Managing Director appointed by the Central Government under section 4 of the Act (LIC Act 1956),” according to a gazette notification issued on July 7.

To facilitate the listing of the insurance behemoth, the government has already approved raising its authorised share capital to Rs 25,000 crore.

Besides, the Department of Economic Affairs under the finance ministry recently amended the Securities Contracts (Regulation) Rules.

Companies that have a market capitalisation of more than Rs 1 lakh crore at the time of listing can now sell just five per cent of their shares, with the latest amendment in rules, a move that will be beneficial for the government during the LIC initial public offer.

Such entities will be required to increase its public shareholding to 10 per cent in two years and raise the same to at least 25 per cent within five years.



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RCom bidding may be back to square one, haircut may exceed 65%, BFSI News, ET BFSI

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Lenders of Reliance Communications are staring at lesser recovery prospects as they may have to go for fresh bidding.

They are worried that similar to the Aircel case, the Reserve Bank of India (RBI) is unlikely to permit asset reconstruction firm UVARCL buying RCom’s spectrum and other assets under a resolution plan.

The delay is rapidly eroding the value of the assets, especially spectrum, further depleting the amount the lenders were hoping to recover.

Aircel case

In the Aircel case, RBI denied UVARCL permission to buy Aircel’s assets for flouting norms under the Sarfaesi (Securitisation and Reconstruction of

Financial Assets and Enforcement of Securities Interest) Act. The RBI decision came even after the National Company Law Tribunal (NCLT) had approved the Aircel resolution plan.

According to the Sarfaesi Act, asset reconstruction companies cannot infuse equity into an insolvent company at the resolution stage.

The RCom resolution

RCom’s committee of creditors (CoC) cleared the resolution plan in March 2020, which would have seen UVARCL buy all assets, including spectrum, under RCom and Reliance Telecom, while a Reliance Jio unit was to buy the company’s towers housed under Reliance Infratel.

The plans were filed in the NCLT a few days later.

While the NCLT has cleared the tower sale to Jio, it has not cleared the transfer of the other assets to UVARCL yet. The tower sale, though, has not yet been implemented, with Jio recently approaching the NCLT with fresh concerns. RCom had filed for bankruptcy in 2019.

Under the resolution plan, UVARCL is expected to pick up RCom’s spectrum for Rs 12,760 crore, with the total recovery expected to be in the Rs 20,000-23,000 crore range against claims of Rs 57,382 crore, a roughly 65% haircut for lenders. Jio is to buy the towers for nearly Rs 5,000 crore.

Recovery worries

The IBC process has recently come under criticism after high-profile accounts such as Videocon were sold for near liquidation value and settlement in the case of Siva Industries yielded pittance.

The realisation for financial creditors from IBC declined significantly in FY2021 with a total resolution amount of around Rs 26,000 crore, almost a quarter of the realisations in fiscal 2020.

The pandemic has increased operational challenges for the various parties involved in a CIRP, which resulted in limited cases yielding a resolution plan. The suspension of new proceedings under the IBC for the entire FY21 resulted in a sharp slowdown in the resolution process.

Out of the total 4,300 cases that have been admitted to bankruptcy courts since FY17, only 8% has been resolved and nearly 40% of the cases are still pending. About 30% of the cases have seen liquidation.



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