Loan recovery: Ministry gives more power in the hands of NBFCs

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The Finance Ministry has operationalised a budget announcement that lowered the minimum loan size eligible for debt recovery by NBFCs under the SARFAESI law to ₹ 20 lakhs from the existing level of ₹ 50 lakhs.

This move could come in handy for large non-banking finance companies (NBFCs) with a minimum asset size of ₹ 100 crore for making loan recovery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act 2002.

Such NBFCs can now take recourse to SARFAESI law for loan sizes at minimum ₹ 20 lakhs or more, implying that home loans to lower to middle-income groups as well as loans extended as Loans against Property (LAP) for small and medium businesses would also get covered for recovery using this route is case of defaults, said industry observers.

SARFAESI empowers banks and financial institutions to attach pledged assets of the borrower in the event of non-payment of dues by the borrower.

It may be recalled that late former Finance Minister Arun Jaitley had in the 2015-16 Budget announced that certain NBFCs would be allowed to use SARFAESI to make recoveries of defaulted loans.

Starting then with NBFCs having asset size of ₹ 500 crore and above and for loan sizes of ₹ 1 crore and above, the government had year-after-year been lowering the threshold. Now in the latest budget, this facility has been given for loan sizes of ₹ 20 lakh and above from a level of ₹ 50 lakh prescribed in last year’s Budget.

Reacting to the latest move of the Department of Financial Services in the Finance Ministry, Raman Aggarwal, Co-Chairman, Finance Industry Development Council (FIDC) told BusinessLine that such threshold has been there only for NBFCs and not banks. NBFCs should be allowed to enforce security through SARFAESI for any loan amount.

“We welcome this step. But FIDC has been representing for some time that there should not be any limit or threshold. Even the U.K.Sinha Committee on MSMEs had recommended that there should not be any thresholds. It goes against MSME lending as such lending is usually small ticket sized lending”, he said.

Srinath Sridharan, Independent markets commentator, said: “It is common place to find SME/MSME borrowers using the route of Loan Against Property (LAP) to fund their businesses. In that light, this reduced threshold amount of ₹ 20 lakh for initiating SARFAESI proceedings could hurt genuine business borrowers who have used LAP for lack of other SME funding.

Seen with the lens where the threshold for SME defaults to be taken under IBC proceedings was moved to ₹1 crore, this quantum need to be relooked, in toto along with the IBC threshold”.

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A progressive and forward looking one for Financial Services Sector, BFSI News, ET BFSI

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Sanjay Doshi, Partner and Head, Financial Services Advisory, KPMG in India

Budget 2021 looks to address some of the key pertinent issues in Financial Services sector around bad debts, asset restructuring and infrastructure financing. It has also put a focus on achieving growth and investments through divestments of government interests, increase in FDI limit and policy changes on FPI/NRI investments.Below is a sector wise deep dive on the budget announcements.

Banking: The Banking sector, especially Public Sector Banks, have been given significant support through measures around re-capitalisation to the tune of Rs 20,000 Cr, setting-up of asset reconstruction to handle bad loans and divestment of two PSU Banks. The proposal to divest stakes in two PSU banks is forward looking and will bring better focus on low performing PSU Banks, autonomy and capital optimisation. This will also lead to consolidation in banking and NBFC sector. RBI’s expected guidelines on the ownership of banks will be crucial to facilitate the same.

The proposal to setup an Asset Reconstruction Company/Asset Management company to consolidate and take over the existing stressed debt and then management of the same is a step in the right direction. This will invite interest from Alternate Investment Funds and other potential investors and help Banks in eventual value realisation. It would be required to review finer details of structure and operations of the Asset Reconstruction and management company handling the bad loans/assets.

Insurance: Increase in FDI limit to 74% in Insurance (from 49%) will help revive growth capitalisation of smaller and mid-size Insurance players. The Insurance sector may see heightened interest from foreign investors considering liberalisation including realignment of stakeholders – however the level of interest may be calibrated depending on the ability to control vs own and nature of safeguards proposed.

Suggested Amendments in the Finance Bill to LIC Act around governance and surplus distribution, will be an enabler to the Proposed launch of the mega IPO for LIC in 2021-22. This will also have a greater impact in the Insurance industry and make products of private insurers more competitive and at par with LIC with prospective affect.

NBFCs: The proposal to reduce the minimum loan size eligible for debt recovery under the SARFAESI Act from Rs. 50 lakhs to Rs. 20 lakhs will enable NBFC’s in NPA recovery especially in MSME sector.

Announcement on allocation of Rs 20,000 crore to set up of a Development Finance Institution (DFI) which is expected to fund infrastructure projects and achieve a portfolio of Rs 5 lakh crore within three years is a progressive step towards reviving infrastructure financing, given the planned infrastructure investments over the next few years.

Capital Markets: The proposed launch of a unified securities market code consolidating multiple securities related laws and creation of new investors charter is expected to be beneficial to protecting investors interests. Finer details of the proposed change would need to be reviewed to ascertain its impact on cost, efficiency and compliance process.

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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.



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