Policy on Sale
of stressed assets
The policy and
guidelines on sale of stressed assets to Securitisation Companies
(SCs)/Reconstruction Companies (RCs) shall, inter alia, cover the following
aspects:
i.
Financial
assets to be sold;
ii.
Norms
and procedure for sale;
iii.
Valuation
procedure;
iv.
Delegation
of powers for taking decision on the sale; etc.
It
has been decided that
§
Identification of stressed assets beyond a specified
value, shall be top-down i.e., the head office shall be involved in
identification of stressed assets, including assets which are classified as SMA,
to be put on sale;
§
At least once in the beginning of every year, banks
shall identify the specific financial assets for sale to other institutions,
including SCs/RCs;
§
All assets classified as ‘doubtful asset’ above a
threshold should be reviewed by the board on a periodic basis and assets
identified for exit shall be listed for the purpose of sale;
§
Banks
may also offer the assets to other banks/NBFCs/FIs, etc. who have the necessary
capital and expertise;
§
The invitation for bids should preferably be
publicly solicited. It would be desirable to use e-auction platforms. Banks
should lay down a Board approved policy in this regard;
§
Banks must provide adequate time ( upto 2 weeks) for
due diligence by prospective buyers;
§
Banks should have clear policies with regard to
valuation of assets proposed to be sold. However, in case of exposures beyond
Rs.50 crore, banks shall obtain two external valuation reports;
§
The cost of valuation shall be borne by the bank;
§
The discount rate used by banks in the valuation
exercise shall be spelt out in the policy, subject to a floor of the contracted
interest rate and penalty, if any.
Investment by
banks in security receipts backed by assets sold by them
It
has been decided to progressively restrict banks’ investment in SRs backed by
their own stressed assets.
i)
With
effect from 01/04/2017, where the investment by a bank in SRs backed by
stressed assets sold by it, is more than 50% of SRs backed by its sold assets, the
provisioning requirement will be higher of the:
a.
provisioning
rate required in terms of NAV declared by the SCs/RCs; and
b.
provisioning
rate as applicable to the underlying loans;
ii) From 01/04/2018, the above threshold of 50% will be reduced to 10%.
Disclosure
of Investment in SRs
Banks shall make
following additional disclosures:
Particulars
|
SRs
issued
Within past 5 yrs
|
SRs
issued more than 5 yrs ago but within
past 8 yrs
|
SRs issued more than 8 yrs ago
|
|
(i)
|
Book
value of SRs backed by NPAs sold by the bank as underlying
|
|
|
|
|
Provision held
against (i)
|
|
|
|
(ii)
|
Book
value of SRs backed by NPAs sold by other banks / financial institutions /
non-banking
financial
companies as underlying
|
|
|
|
|
Provision held
against (ii)
|
|
|
|
|
Total (i) +
(ii)
|
|
|
|
Debt Aggregation
– First right of refusal
A
bank offering stressed assets for sale shall offer the first right of refusal
to a SC/RC which has already acquired the highest and a significant share
(~25-30%) of the asset, for acquiring the asset by matching the highest bid.
Banks
shall put in place board approved policy on adoption of Swiss Challenge Method
for sale of their stressed assets. For this purpose, the board shall conduct
periodic review (at least once in a year) of their stressed - asset portfolio.
During such review, the bank should identify the assets which will be offered
for sale and an authenticated list of such assets shall be maintained by the
bank. The list may be disclosed to prospective bidder on entering into
confidentiality agreement. The broad contours of the Swiss Challenge Method are
as under:
I.
A
prospective buyer interested in buying a specific stressed asset may offer a
bid to the bank;
II.
If
the asset features in the list of assets for sale, and if the bidder offers
more than the minimum percentage specified in the bank’s policy in the form of
cash, the bank shall be required to publicly call for counter bids from other
prospective buyers, on comparable terms;
III.
Once
bids are received, the bank shall first invite the SC/RC, if any, which has
already acquired highest significant stake to match the highest bid. The order
of preference to sell the asset shall be as follows:
i)
The
SC/RC which has already acquired highest significant stake;
ii)
The
original bidder and
iii)
The
highest bidder during the counter bidding process.
IV.
Bank will have the following two options:
i.
Sell
the asset to winning bidder, as above;
ii.
If
the bank decides not to sell the asset, it will be required to make immediate
provision on the account to the extent of the higher of:
a)
The
discount on the book value quoted by the highest bidder; and
Buy-Back of Financial Assets
Where SCs/RCs have successfully implemented a
restructuring plan for the stressed assets acquired by them, banks may, take
over such assets after the ‘specified period’ (as defined in the guidelines on
restructuring) provided that the account performed satisfactorily during the
‘specified period’. Banks may frame a board approved policy in this regard.
However, a bank cannot take over the assets they have themselves earlier sold.
Based on RBI notification dated
01/09/2016. For any further clarification, please refer www.rbi.org.in
No comments:
Post a Comment