Reserve Bank initiates insolvency proceedings against Reliance Capital

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The Reserve Bank of India on Thursday filed an application for initiating insolvency proceedings against Reliance Capital at the Mumbai Bench of the National Company Law Tribunal.

“The Reserve Bank has today (December 2, 2021) filed an application for initiation of CIRP against Reliance Capital Ltd, under Section 227 read with clause (zk) of sub-section (2) of Section 239 of the Insolvency and Bankruptcy Code (IBC), 2016 read with Rules 5 and 6 of the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudication Authority) Rules, 2019 (“FSP Insolvency Rules”) at the Mumbai Bench of the National Company Law Tribunal,” the RBI said.

An interim moratorium shall commence on and from the date of filing of the application till its admission or rejection, it further said.

The action comes after the RBI superseded the board of Reliance Capital on November 29 and appointed Nageswara Rao Y, ex-Executive Director, Bank of Maharashtra, as the administrator of the company.

It has also constituted a three-member Advisory Committee to assist the Administrator on November 30.

Reliance Capital scrip fell by nearly five percent to close at ₹16.35 apiece on BSE.

This in the third NBFC against which the RBI has initiated insolvency proceedings, with the first being Dewan Housing Finance Corporation Ltd and the second being Srei Ifra Finance and Srei Equipment Finance.

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PMC Bank’s institutional depositors may have to wait for Unity IPO to get money back, BFSI News, ET BFSI

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Depositors of PMC Bank are set for an agonising wait of ten years till they get their money back.

The Reserve Bank has come out with a draft scheme for the takeover of the crisis-hit PMC Bank by the Delhi-based Unity Small Finance Bank (USFB).

The draft scheme of amalgamation envisages the takeover of the assets and liabilities of PMC Bank, including deposits, by USFB, thus giving a greater degree of protection for the depositors, the RBI said.

In a statement issued later, USFB said with the draft scheme ’96 per cent of all depositors will get immediate access to their full deposits’.

It said 99 per cent of the retail depositors will be paid in full by the fifth year and 100 per cent of retail depositors to be paid in full by the tenth year.

Retail depositors

According to the scheme deposits up to Rs 5 lakh can be claimed by depositors over a period of three to ten years.

The scheme says that depositors can claim up to Rs 50,000 at the end of three years and further can claim Rs 1 lakh at the end of four years, Rs 3 lakh at the end of five years and Rs 5.50 lakh at the end of 10 years. The RBI had doubled the amount depositors can withdraw from PMC Bank to Rs 1 lakh from Rs 50,000 in June 2020, allowing more than 84% of the depositors to withdraw their entire account balance.

RBI said the above limits are for depositors are over and above the withdrawals already made.

According to this schedule, the entire remaining deposits of PMC Bank depositors will be paid back within 10 years from the date the central government notifies this scheme of amalgamation. Further, the central bank has clarified that interest on these deposits shall not accrue after March 31, 2021, for five years.

PMC Bank's institutional depositors may have to wait for Unity IPO to get money back

“No further interest will be payable on the interest-bearing deposits of transferor bank for a period of five years from the appointed date. Provided further that interest at the rate of 2.75 per cent per annum shall be paid on the retail deposits of the transferor bank (PMC) which shall be remaining outstanding after the said period of five years from the appointed date. This interest will be payable from the date after five years from the appointed date,” RBI said.

Institutional depositors

About 80% of uninsured institutional deposits will be converted into Perpetual Non-Cumulative Preference Shares (PNCPS) of Unity SFB with dividend of one per cent per annum payable annually.

After ten years from the appointed date, Unity SFB may consider additional benefits for PNCPS holders either in the form of providing a step up in coupon rate or a call option, upon receipt of approval from the Reserve Bank.

The remaining 20% of the institutional deposits will be converted into equity warrants of Unity SFB at a price of Re.1 per warrant. These equity warrants will further be converted into equity shares of the Unity SFB at the time of the Initial Public Offer (IPO) when it goes for one.

“In respect of every other liability of the transferor bank (PMC) the transferee bank (Unity) shall pay only the principal amounts, as and when they fall due,to the creditors in terms of the agreements entered between them prior to the appointed date or the terms and conditions agreed upon,” RBI said.

PMC Bank's institutional depositors may have to wait for Unity IPO to get money back

In June, RBI had given an in-principle approval to Unity SFB, a joint venture of Centrum Financial Services and Resilient Innovations Pvt. Ltd which runs payments company BharatPe to take over PMC. Unity started operations as recently as November 1.

PMC Bank had 137 branches and deposits of around Rs 11,600 crore, at the time restrictions were announced.

Employees

The draft also said all the employees of the PMC Bank shall continue in service on the same remuneration and terms and conditions of service for three years from the appointed date.

“The draft scheme provides much needed relief and clarity to over 1,100 PMC Bank employees, who will remain employed and continue uninterrupted service to clients,” USFB said in the statement.

The RBI said, “The transferee bank (USFB) may discontinue the services of the key managerial personnel of the transferor bank after following the due procedure at any time, after the appointed date, as it deems necessary and providing them compensation as per the terms of their employment”.



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Punjab & Sind Bank adjusts net loss for FY21 at Rs 2,750 cr after divergence in asset classification, BFSI News, ET BFSI

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Public sector Punjab & Sind Bank (P&SB) on Wednesday said it has adjusted the net loss for fiscal ended March 2021 slightly higher at Rs 2,750 crore due to divergence in asset classification. The bank had reported a net loss of Rs 2,733 crore in 2020-21.

Whereas the bank reported gross non-performing assets (NPAs) at Rs 9,334 crore, the Reserve Bank assessed it at Rs 9,363 crore, thus leading to a divergence of Rs 29 crore.

Similarly, the net NPAs too had a divergence of Rs 29 crore.

Based on the difference of the provisions for NPAs reported by the bank and that assessed by the RBI, the divergence in provisioning for the financial year 2020-21 stood at Rs 17 crore.

The adjusted (notional) net profit after tax (PAT) for the year ended March 31, 2021, after taking into account the divergence in provisioning stood at Rs 2,750 crore, the bank said in a regulatory filing.

The bank published the divergence in asset classification and provisioning in accordance with RBI’s Risk Assessment Report as on March 31, 2021.

P&SB stock closed at Rs 17.25 apiece on BSE, down 1.43 per cent from previous close. PTI KPM SHW SHW



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RBI wants open offer exemption for ARCs buying bad assets from banks, BFSI News, ET BFSI

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The Reserve Bank of India has sought open offer exemption from capital markets regulator Securities and Exchange Board of India (Sebi) for equity stake purchases by Asset Restructuring Companies (ARCs).

Under the current Takeover Code rules, commercial banks and public financial institutions are exempt from making an open offer if they acquire shares beyond a threshold by invoking a pledge. ARCs acquire loans that qualify as non-performing assets from banks.

Banks sell bad loans to an ARC for a lower price and cut losses. In this process, all the collateral that was pledged in favour of the bank will be transferred to ARC.

If the collateral exceeds 25% of the total equity of the company, then such pledge invocation will need the ARC to give an open offer to the minority investors.

Takeover code

Sebi’s takeover code is triggered when an entity acquires over 25% stake in a listed company. At this point, the acquirer has to declare an open offer and buy at least 26% more stake from public shareholders.

Until 2019, the open offer exemption was available to all classes of investors undertaking debt restructuring. In 2019, Sebi changed the rules because RBI dissolved all the debt restructuring schemes and instead all the liquidation was being done through the Insolvency and Bankruptcy Code (IBC).

Market participants say the open offer requirement also slows down the resolution process since a lot of minority shareholders would view it as their last chance to cash in on the shares of a company that is most probably going to be liquidated.

Revised norms

In 2018, the RBI revised norms for bad loan resolution. Until then, banks were allowed to recast the corporate debts by converting their debt into equity.

In February 2018, the central bank phased out the debt restructuring schemes and made it mandatory for banks to refer all bad loans to the IBC process after a specific timeline. This circular of RBI prompted Sebi to revise its rules.

The RBI is mulling easier rules for ARCs. Earlier this month, an expert panel led by former RBI executive director Sudarshan Sen submitted its report to the central bank aimed at simplifying regulations for these financial institutions.

What Sudarshan Sen panel says

In the interest of debt aggregation, the scope of Section 5 of the SARFAESI Act, and other related provisions, may be expanded to allow ARCs to acquire ‘financial assets’ as defined in the Act, for the purpose of reconstruction, not only from banks and ‘financial institutions’ but also from such entities as may be notified by the Reserve Bank.

Reserve Bank may consider permitting ARCs to acquire financial assets from all regulated entities, including AIFs, FPIs, AMCs making investment on behalf of MFs and all NBFCs (including HFCs) irrespective of asset size and from retail investors.

ARCs should be allowed to sponsor SEBI registered AIFs with the objective of using these entities as an additional vehicle for facilitating restructuring/ recovery of the debt acquired by them.



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Restrictions put on Laxmi Coop Bank, Solapur; Rs 1,000 cap on withdrawals, BFSI News, ET BFSI

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The Reserve Bank of India (RBI) on Firday imposed several restrictions on Laxmi Cooperative Bank Ltd, Solapur, including Rs 1,000 cap on withdrawals for customers, due to deteroriation in its financial position.

The restrictions imposed under the Banking Regulation Act, 1949, shall remain in force for six months from the close of business on November 12, 2021, and are subject to review, the RBI said in a statement.

As per the directions, the bank shall not, without the prior approval of the RBI, grant or renew any loans and advances, make any investment, incur any liability, and disburse or agree to disburse any payment.

“In particular, a sum not exceeding Rs 1,000 of the total balance across all savings bank or current accounts or any other account of a depositor, may be allowed to be withdrawn,” the RBI said.

It further said the issue of the directions by the RBI should not per se be construed as cancellation of the banking licence.

“The bank will continue to undertake banking business with restrictions till its financial position improves,” the Reserve Bank of India said.

On Monday also, the RBI had imposed similar restrictions on Babaji Date Mahila Sahakari Bank, Yavatmal, Maharashtra.



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RBI asks banks not to standardise bad loans on just getting interest payments, BFSI News, ET BFSI

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In a significant move, the Reserve Bank on Friday tightened the norms for recognition of dud assets and directed lenders not to standardise an NPA account after getting only interest payment as well as to mandatorily mention the due dates along with details of interest and principal amounts.

The monetary authority has from time to time been issuing new/revised norms on dud asset classification as system-wide NPAs began to balloon.

Issuing some clarifications to all the extant provisions and including the ones issued on October 1, 2021, on the prudential norms on income recognition, asset classification and provisioning pertaining to advances (IRACP), the RBI asked banks not to upgrade an NPA account after getting only interest dues paid.

It has been observed that some lending institutions upgrade accounts classified as NPAs to standard accounts on payment of only interest overdue, partial overdue, etc. To avoid any ambiguity in this regard, it is clarified that loan accounts classified as NPAs may be upgraded as a standard account only if the entire arrears of interest and principal are paid by the borrower, the apex bank said in the revised notification this evening.

Lenders have also been asked to specifically mention in the loan agreements the exact due date of a loan and the breakup of the principal and interest, among others, instead of giving a description of the due dates, which leaves scope for interpretation.

Henceforth, all lenders have to clearly mention the exact due dates for repayment, frequency of repayment, break up between the principal and interest, examples of SMA/NPA classification dates etc, it said.

All these should be clearly specified in the loan agreement and the borrower shall be apprised of the same at the time of loan sanction and also at the time of subsequent changes if any, and till full repayment of the loan is done, the RBI said, adding this will be applicable immediately for new loans or before December 31, 2021, and for the existing loan as and when changes occur.

In cases of a loan under moratorium, the exact date of commencement of repayment shall also be specified in the loan agreements, it added.

Sticking to its due by the end of the day/one-day default norms, which has given many large borrowers heartburns, RBI further clarified that an account shall be flagged as overdue as part of the lender’s day-end processes for the due date, irrespective of the time of running such processes, reiterating that all extant IRACP norms specify that an amount must be treated as overdue if it’s not paid on the due date fixed by the lender.

Similarly, classification of an account as SMA (special mention account) as well as NPA (non-performing assets) shall be done as part of the day-end process and the SMA/NPA classification date shall be the calendar date for which the day-end process is run. Stated differently, the date of SMA/NPA shall reflect the asset classification status of an account at the day-end of that calendar date, the regulator stressed.

The monetary authority further said these changes are being made to ensure that the IRACP norms are uniformly implemented across all lending institutions and are applicable mutatis mutandis (making necessary changes on a case to case basis but not affecting the main points) to all lending institutions.

On NPA classification, it said the lender must recognise incipient stress in a borrower account, immediately on default, by classifying it as SMA. Without any ambiguity, it clarified that the intervals are intended to be continuous and accordingly, loans other than revolving facilities like cash credit/overdraft will become SMA if the principal or interest payment or any other amount wholly or partly become overdue or if the outstanding balance remains continuously in excess of the sanctioned limit or drawing power, whichever is lower, for 0-30 days as SMA, for 30-60 days as SMA-1 and over 60-90 days as SMA2/NPAs.

Stated differently, the date of SMA/NPA shall reflect the asset classification status of an account at the day-end of that calendar date.

For instance, if the due date is March 31, and full dues are not received before the day-end process, the date of overdue shall be March 31.

If it continues to remain overdue, then this account shall get tagged as SMA-1 on running the day-end process on April 30, on completion of 30 days of being continuously overdue.

Accordingly, the date of SMA-1 classification for that account shall be April 30. Similarly, if the account continues to remain overdue, it shall get tagged as SMA2 on running day-end process on May 30 and if continued to remain overdue further, it shall get classified as NPA on running day-end process on June 29.

However, for NBFCs, 90-days for SMA-2/NPA classification may be read according to the applicable norms.

The central bank has clarified that the instructions on SMA classification are applicable to all loans, including retail loans (excluding the Agri loans governed by crop season-based asset classification norms), irrespective of the size of exposure of the lending institution.

The RBI said from March 31, 2022, in case of interest payments in respect of term loans, an account will be classified as NPA if the interest applied at specified rests remains overdue for over 90 days. If a borrower account becomes overdue on or after March 31, 2022, its classification as NPA shall be based on the account being overdue for over 90 days.

On the upgrading of accounts classified as NPAs, it said a loan account classified as NPAs can be upgraded as standard only if the entire arrears of interest and principal are repaid. But those accounts classified as NPA due to restructuring, or non-achievement of the date of commencement of commercial operations, etc, extant provisions shall continue.



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Mid-size firms, retail lead the charge in credit rebound, BFSI News, ET BFSI

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Indian lenders are beginning to see a pick-up in loan demand, with medium-sized firms and retail clients at the vanguard of a visible credit rebound.

Bank credit rose 6.8% in October, compared with 5.1% in the same period a year ago, show the latest figures published by the Reserve Bank of India (RBI).

Outstanding credit amounted to ₹110.5 lakh crore as of October 22, up ₹7 lakh crore in a year.

The pick-up is largely due to the push from government schemes even as large corporates and top rated borrowers continue to rely on capital markets and overseas money hubs where they manage to raise funds at much cheaper rates. India’s weighted average lending rates were at 7.2% in September, according to RBI data.

At the same time, the average rates for triple-A rated five-year corporate bonds were at 6% and at 5.29% for three-year maturity, show Bloomberg data compiled by ETIG.

The latest data on sectoral flow of credit offtake show that lending to medium-sized firms rose 49% year-on-year to ₹1.75 lakh crore as of end September compared with the same period a year ago.

Much of the lending is reckoned to be under the government’s Emergency Credit Line Guarantee Scheme (ECLGS) MSME sector, under which the government provides 100% guarantee to banks in respect of eligible credit facilities extended by it to its borrowers.

In addition, consumer durable loans have risen by 40% compared with 14.9% in the same period a year ago, with borrowers taking advantage of the reduced interest rates. With the government’s renewed thrust on the social sector, lending to infrastructure more than doubled to ₹1,323 crore in September from ₹1,081 crore a year ago.

On the liability side, the pace of deposit pick-up has slowed marginally to 9.9%. But deposit growth still continues to outpace credit growth.

In absolute terms, banks raised almost double the amount of deposits at ₹14 lakh crore than the amount they lent during the period.



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RBI board reviews economic situation, BFSI News, ET BFSI

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The Central Board of Directors of the RBI on Friday reviewed the current domestic and global economic situation and challenges.

The board also deliberated upon possible measures for addressing the emerging challenges, the Reserve Bank of India (RBI) said in a release.

The 591st meeting of the board was held under the Chairmanship of Governor Shaktikanta Das. His tenure as the Governor has been extended by three years up to December 2024.

“The board also congratulated the Governor on his reappointment,” the central bank said.

According to the release, the board also discussed the working of sub-committees of the central board and activities of a few Central Office Departments, including the nationwide survey among bank customers regarding banks’ grievance redress system and the functioning of the Ombudsman schemes.

Deputy Governors Mahesh Kumar Jain, Michael Debabrata Patra, M Rajeshwar Rao, and T Rabi Sankar attended the meeting. Other directors on the board — N Chandrasekaran, Satish K Marathe, S Gurumurthy and Sachin Chaturvedi — were also present.

Besides, Debasish Panda, Secretary, Department of Financial Services and Ajay Seth, Secretary, Department of Economic Affairs, attended the meeting.

Das was appointed the RBI’s 25th Governor on December 11, 2018 for a period of three years after the abrupt resignation of his predecessor Urjit Patel.

He is the first RBI Governor to get extension after the BJP-led government came to power in 2014.



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Despite high EMI moratoriums, loan recasts by banks stay low, BFSI News, ET BFSI

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The pandemic has hit individual borrowers more than industries and businesses, going by the recast of loans announced under the government’s one-time restructuring scheme.

The eight banks that have declared second-quarter results have announced reast of Rs 27,708 crore worth of loans under the One-Time Restructurig 2.0, of which 80% recasts are personal loans and the rest 20% availed for business and by MSMEs.

The highest loan recasts were at HDFC Bank at Rs 17,395 crore, followed by another private lender ICICI Bank at Rs 4,156 crore.

The recasts by MSMEs was smaller, possibly due to other forms of emergency credit available to them.

What Icra says

Of the total restructured loan book of Rs 2 lakh crore for the banks as on June 30, 2021, the restructuring under the first coronavirus wave is estimated at 51 per cent of the total restructuring of Rs 1 lakh crore, while restructuring under the second wave is estimated at 31 per cent of the total restructuring or Rs 0.6 lakh crore, it said.

Considering that 30-40 per cent of the loan book was under moratorium during Q1 FY2020 across most banks, the loan restructuring at two per cent of advances after the second wave is a positive surprise and much lower than its earlier estimates, rating agency Icra said.

Resolution Framework 2.0

Despite high EMI moratoriums, loan recasts by banks stay low

In May this year, the Reserve Bank announced a slew of measures including loan restructuring for individual and small businesses hit hard second Covid wave.

This recast was for those who had not availed restructuring under any of the earlier frameworks, including the Resolution Framework 1.0 of RBI dated August 6, 2020, and who are classified as standard as on March 31, 2021, shall be eligible for the Resolution Framework 2.0.



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PSU banks likely to get capital support in Q4 to meet regulatory requirements, BFSI News, ET BFSI

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New Delhi, The government is likely to pump capital in public sector banks during the last quarter of the current financial year to meet the regulatory requirements. The government in the Budget 2021-22 has made an allocation of Rs 20,000 crore for the capital infusion in the state-owned banks.

bank

In the current fiscal so far, all 12 public sector banks have posted a profit, which is being ploughed back to bolster the balance sheet of the banks, sources said.

Going forward, they said, the rise in stressed assets would determine capital requirement.

If numbers are anything to go by, the sources said, the financial health of public sector banks are showing gradual signs of improvement across the spectrum.

Last month, the Reserve Bank removed UCO Bank and Indian Overseas Bank from prompt corrective action framework (PCAF), following improvement in various parameters and a written commitment that the state-owned lender will comply with the minimum capital norms.

However, the only public sector lender left under the PCA framework is Central Bank of India. PCA is triggered when banks breach certain regulatory requirements such as return on asset, minimum capital, and quantum of the non-performing asset.

PCA restrictions disable the bank in several ways to lend freely and force it to operate under a restrictive environment that turns out to be a hurdle to growth.

Last financial year, the government infused Rs 20,000 crore in the five public sector banks. Out of this, Rs 11,500 crore had gone to three banks under the PCA — UCO Bank, Indian Overseas Bank, and Central Bank of India.

The government infused Rs 4,800 crore in Central Bank of India, Rs 4,100 crore in Indian Overseas Bank and Kolkata-based UCO Bank got Rs 2,600 crore.

The government has infused over Rs 3.15 lakh crore into public sector banks (PSBs) in the 11 years through 2018-19. In 2019-20, the government infused Rs 70,000 crore capital into PSBs to boost credit for a strong impetus to the economy.



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