Covid-19 Loan Resolution
Framework
The collateral damage from the Covid-19 pandemic has,
arguably, been and will be more devastating or at least as damaging, as the
loss of lives and livelihoods the pandemic itself has caused. In the Indian
context, one of most strict lock downs was put in place during March – April,
2020, to prevent immediate spread of the infection. One of the collateral
damages has been the stress caused to the loan portfolios of Banks whose
exposures to Indian businesses, big and
small, in both manufacturing and service sectors, that suffered almost total
loss of revenue and liquidity for the period of lock downs and subsequent months
when local restrictions and loss of confidence and fear are still preventing
resumption of normal business activities.
The moratorium announced by RBI in April, 2020, was an
emergency palliative to let borrowers avoid default. But as recognized by
everyone involved, moratoria, however elongated, cannot be a cure. On the
contrary, longer freeze of debt servicing would only make it worse, as interest
for the period of moratoria cannot be wished away, much as people may hope to.
In no time will the lenders’ capacity to service their deposits be affected
shaking the very foundations of the economy.
Recognising this, government announced substantial relief measures to
the MSME sector in June, 2020 through
debt restructuring, additional long term funding support to the
lenders and even equity support to
entrepreneurs.
For other businesses, RBI devised a new framework for
management of stress in the asset portfolio of Banks. This framework comprises
the following salient features.
1.
This framework is applicable to any financial
stress caused ONLY due to Covid-19 pandemic and thus for a borrower to avail of
the reliefs in this framework, the exposure of lenders to a borrower eligible
otherwise, should have not been in default for more than 30 days on 1st
March, 2020.
2.
RBI had set the timelines for this framework
earlier that the eligible borrowers should be identified latest by 31st
December,2020 and the resolution process should be completed within 90 days in
case of personal loans and 180 days for non-personal loans, from initiation. Further, ‘completion’ of the
resolution has been defined –
a.
Completion of all the related documentation with
the borrower and between lenders,
b.
The restructuring changes actually reflected in
the books of the lender and
c.
Under the revised terms, borrower is not in
default.
3.
The stress resolution plan can include
a.
moratorium,
b.
rescheduling of the repayment terms like
number of installments,
c.
conversion of interest accrued and to be accrued
into future installments, based on the assessed income streams of the borrower,
extending up to two years.
d.
Conversion into equity any part of the
outstanding debt or other marketable debt instruments
4.
In case of borrowers with multiple lenders, the
resolution plan should be approved by all the lenders through an Inter Creditor
Agreement (ICA) within 30 days from the day the plan is invoked. Further, if at
least 60% of the lenders (75% by value) do not join the ICA within these 30
days, the resolution plan fails and there can be no other resolution under this
framework, i.e., for Covid-19 caused stress.
5.
The ICA
should also have mechanisms for redressing differences and disputes among the
lenders and RBI will not interfere or arbitrate. The resolution process will stop if any of
the timelines are breached or any inter-lender disputes remain unresolved.
6.
An independent credit evaluation (ICE) by a credit rating agency (CRA) is mandatory for
approving resolution plans for aggregate exposure of 100 crores or more.
7.
Borrowers not covered in this framework are:
a.
MSME borrowers with aggregate exposure of 25
crores
b.
HFCs
where a restructuring has already
been done)
c.
Agricultural credit and related intermediaries like Primary
Agricultural Co-operatives
d.
Governments – central, state or local and
corporate set up by an act of Parliament and undertakings
e.
Financial services providers.
To quickly rollout
the framework that Banks can implement, RBI set up a committee headed by K.V.
Kamath,
ex- CEO of New Development Bank and ex-Chairman of ICICI Bank Ltd. to suggest sector-specific
financial parameters any other
conditions for preparation of the RPs. This committee has also been mandated to
validate and monitor implementation of the RP in case of
borrowers with aggregate exposure of 1500 crores or more to ensure adherence to
the framework without going into the commercial judgement of the lenders.
Highlights of the Kamath Committee are
1.
Looked at the sectors substantially funded by
the banking sector and impacted by the
pandemic and classified the sectors into four categories –
a.
11 sectors like construction, auto, NBFC, etc.
that had pre-existing stress and were also impacted by the pandemic
b.
19 sectors like retail and wholesale trade,
cement, tourism and travel, that did not have any pre-existing stress but were
impacted by the pandemic,
c.
2 sectors – telecom and tea that had
pre-existing stress but were not impacted by the pandemic
d.
11 sectors like agri and allied products, food
products, FMCG, that did not have any pre-existing stress and were not severely impacted
Sectors were classified based on varying
severity of impact - mild, moderate or severe.
2.
The financial parameters that should be
considered for preparing the RPs are
·
Total Outside
Liability / Adjusted Tangible Net Worth (TOL / Adjusted TNW)
·
Total Debt / Earnings Before Interest, Depreciation, Tax and Amortisation(EBIDTA)
·
Current Ratio
·
Debt Service
Coverage Ratio (DSCR)
·
Average Debt
Service Coverage Ratio (ADSCR)
3.
Based on the severity of impact of the pandemic
and exposure of the lenders, 26 business sectors have been identified with
financial parameters to be considered for RP.
4.
The range for the financial parameters have been
defined for these sectors with broad guidelines –
a.
The RP may be prepared based on the pre-Covid-19
operating and financial performance of the borrower and impact of Covid-19 on
its operating and financial performance in Q1 and Q2FY21, to assess the
cash-flows for FY21 / FY22 and subsequent years.
b.
The threshold TOL/Adjusted TNW and Debt/ EBIDTA
ratios should be met by FY23.
c.
The other three threshold ratios, viz., CR, DSCR
and ADSCR, should be met for each year
of the projections starting from FY22. The base case financial projections need
to be prepared as part of RP.
d.
Lenders may determine their own range for other
sectors for which the parameters have not been defined with the baseline
parameters of CR and DSCR of 1.00 and ADSCR of 1.20.
5.
For a few sectors, exceptions have been defined
based on the industry nature and practices like
a.
Automobile sector that practices Just In Time
(JIT) principle for inventory,
b.
aviation sector that finances its aircraft
largely through debt refinancing and work cash & carry model for revenue,
carry advances form customers and up to 9 months’ credit from vendors,
c.
Roads sector to which ratios like TOL / ATNW, Debt/EBITDA and Current ratio may not be
relevant
d.
Wholesale
trade that does not normally raise term debt and hence DSCR and ADSCR are not
relevant.
e.
Real
estate borrowers’ assessment should be based on individual projects.
With the broad guidelines on
preparing the RPs and the specific parameters on which the borrowers may be
assessed to prepare the RPs, the framework is ready for the lenders is ready to
go.
There have been comments that the requirement of formation
of ICA is impractical and would lead to delays. The Kamath committee has also
mentioned about the efforts required in identifying eligible borrowers,
assessing the impact of the pandemic, structuring the RP and coordinating with
their lenders to form working ICA but has probably for lack of mandate, hasn’t
suggested any relaxation of the timelines. Thus the lenders’ position is hardly
enviable.
Apart from having to bear the
heavy additional load of stress in their asset portfolio due to the pandemic in
addition to several other challenges they face, they also have been gifted very
tight timelines to devise and implement the RPs, the success or failure of
which will impact them. And they have two monitors to deal with – RBI, the
regulator which has also stated that compliance with these requirements ‘shall be assessed for all lending
institutions as part of the supervisory review’ and the Kamath committee to
oversee RP implementation in case of large borrowers. One thing is for sure -
Indian Banking is a sector that will be under very close scrutiny both within
and from outside, in public and private, for the foreseeable future.