The Chairman and Managing
Director/Chief Executive Officer
All Scheduled Commercial Banks
(Excluding Local Area Banks and Regional Rural Banks)
Timelines for Stressed Assets
Please refer to the circular
DBOD.BP.BC.No.97/21.04.132/2013-14 dated February 26, 2014 on
“Framework for Revitalising Distressed Assets in the Economy – Guidelines
on Joint Lenders’ Forum (JLF) and Corrective Action Plan (CAP)” and
subsequent circulars/amendments in this regard.
2. The Framework aims at early
identification of stressed assets and timely implementation of a corrective
action plan (CAP) to preserve the economic value of stressed assets. In
order to ensure that the CAP is finalised and formulated in an expeditious
manner, the Framework specifies various timelines within which lenders have
to decide and implement the CAP. The Framework also contains disincentives,
in the form of asset classification and accelerated provisioning where
lenders fail to adhere to the provisions of the Framework. Despite this,
delays have been observed in finalising and implementation of the CAP,
leading to delays in resolution of stressed assets in the banking system.
3. It is hereby clarified that
the CAP can also include resolution by way of Flexible Structuring of
Project Loans, Change in Ownership under Strategic Debt Restructuring,
Scheme for Sustainable Structuring of Stressed Assets (S4A), etc.
4. In this context, it is
reiterated that lenders must scrupulously adhere to the timelines
prescribed in the Framework for finalising and implementing the CAP. To
facilitate timely decision making, it has been decided that, henceforth,
the decisions agreed upon by a minimum of 60 percent of creditors by value
and 50 percent of creditors by number in the JLF would be considered as the
basis for deciding the CAP, and will be binding on all lenders, subject to
the exit (by substitution) option available in the Framework. Lenders shall
ensure that their representatives in the JLF are equipped with appropriate
mandates, and that decisions taken at the JLF are implemented by the
lenders within the timelines.
5. It shall be noted that
(i) the stand of the
participating banks while voting on the final proposal before the JLF shall
be unambiguous and unconditional;
(ii) any bank which does not
support the majority decision on the CAP may exit subject to substitution
within the stipulated time line, failing which it shall abide the decision
of the JLF;
(iii) the bank shall implement
the JLF decision without any additional conditionalities; and
(iv) the Boards shall empower
their executives to implement the JLF decision without requiring further
approval from the Board.
6. Any non-adherence to these
instructions and timelines specified under the Framework shall attract
monetary penalties on the concerned banks under the provisions of the
Banking Regulation Act 1949.
7. This circular is issued in
exercise of the powers conferred by Sections 21, 35A and 35AB of the
Banking Regulation Act, 1949.
Chief General Manager