From UPSC perspective, the following things are important :
Prelims level : Project Sashakt
Mains level : Curbing NPAs
- RBI made it mandatory for lenders to enter into an Inter-Creditor Agreement (ICA) during the review of the borrower account within 30 days from date of first default to any lender.
- ICA allows banks to decide resolution strategy outside the IBC and it will help lenders to accelerate process to resolve stressed assets.
New Framework under Sashakt
- The Sashakt ICA can be modified to incorporate the requirements of New Framework and serve as the Master Inter-Creditor Agreement for resolution of all stressed asset.
- Under the new framework, it is a mandatory requirement for lenders to enter into an Inter-Creditor Agreement (ICA) during the review of the borrower account within 30 days from date of first default to any lender.
- The New Framework further lays down some parameters to be included in the ICA including decision-making by lenders holding 75% (by value of total outstanding facilities) and 60% by number and protection of dissenting lenders.
- The ICA is required to be executed by all lenders covered under the New Framework and asset reconstruction companies.
What is Project Sashakt?
- Project Sashakt was proposed by a panel led by PNB chairman Sunil Mehta to help consolidate stressed assets.
- Bad loans of up to ₹ 50 crore will be managed at the bank level, with a deadline of 90 days.
- For bad loans of ₹ 50-500 crore, banks will enter an inter-creditor agreement, authorizing the lead bank to implement a resolution plan in 180 days, or refer the asset to NCLT.
- For loans above ₹ 500 crore, the panel recommended an independent AMC, supported by institutional funding through the AIF.
- According to the committee, banks will have to set up an AMC under which there will be multiple sector-specific AIFs.
- These funds will invest in the stressed assets bought by existing (Asset Reconstruction Companies) ARCs, such as ARCIL.
- The ARCs will use the Alternative Investment Funds (AIFs) to redeem security receipts issued to banks against the bad loans.
- Other AMC-AIFs and ARCs will be allowed to bid for these assets, and match the pricing offered by ARCIL or the national AMC.
- The AMC will be responsible for the operational turnaround of the asset.
Who will own the stressed asset?
- The ARC after buying the asset from lenders will transfer ownership to the AIF.
- The new owner, the AMC-AIF, will hold a stake of at least 76%.