Reserve Bank of India issued Guidelines to Indian Commercial Banks on 'Timelines for Large Accounts to be referred under IBC, 2016'. Explain.
CS Professional · Banking - Law & Practice · PYQS · December 2019
Reserve Bank of India issued Guidelines to Indian Commercial Banks on 'Timelines for Large Accounts to be referred under IBC, 2016'. Explain.
Answer & Explanation:
In respect of accounts with aggregate exposure of the lenders at ₹ 20 billion and above, on or after March 1, 2018 ('reference date'), including accounts where resolution may have been initiated under any of the existing schemes as well as accounts classified as restructured standard assets which are currently in respective specified periods (as per the previous guidelines), Resolution Plan (RP) shall be implemented as per the following timelines: If in default as on the reference date, then 180 days from the reference date. If in default after the reference date, then 180 days from the date of the first such default. If a RP in respect of such large accounts is not implemented as per the timelines specified in paragraphs, lenders shall file insolvency application, singly or jointly, under the Insolvency and Bankruptcy Code 2016 (IBC) within 15 days from the expiry of the said timeline. In respect of such large accounts, where a RP involving restructuring/ change in ownership is implemented within the 180-day period, the account should not be in default at any point of time during the 'specified period', failing which the lenders shall file an insolvency application, singly or jointly, under the IBC within 15 days from the date of such default. 'Specified Period' means the period from the date of implementation of RP up to the date by which at least 20 percent of the outstanding principal debt as per the RP and interest capitalisation sanctioned as part of the restructuring if any, is repaid. Provided that the specified period cannot end before one year from the commencement of the first payment of interest or principal (whichever is later) on the credit facility with longest period of moratorium under the terms of RP. Any default in payment after the expiry of the specified period shall be reckoned as a fresh default for the purpose of this framework. For other accounts with aggregate exposure of the lenders below ₹ 20 billion and, at or above ₹ 1 billion, the Reserve Bank intends to announce, over a two-year period, reference dates for implementing the RP to ensure calibrated, time-bound resolution of all such accounts in default. It is, however, clarified that the said transition arrangement shall not be available for borrower entities in respect of which specific instructions have already been issued by the Reserve Bank to the banks for reference under IBC. Lenders shall continue to pursue such cases as per the earlier instructions.
Topics: Insolvency and Bankruptcy Code
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