RBI/2005-06/323
UBD.BPD.Cir.No.36/09.09.001/05-06
March 9, 2006
The Chief Executive Officers of
All Primary (Urban) Co-operative Banks
Dear Sir,
Debt restructuring mechanism for
Small and Medium Enterprises (SMEs) - Announcement made by the Union Finance
Minister
As part of announcement made by
the Hon'ble Finance Minister for improving flow of credit to small and medium
enterprises, the following guidelines are issued for restructuring of
debt of all eligible small and medium enterprises (SMEs).
2. Definition of SMEs
SMEs are as defined below:
" At present, a small
scale industrial unit is an undertaking in which investment in plant and machinery
does not exceed Rs.1 crore, except in respect of certain specified items under
hosiery, hand tools, drugs and pharmaceuticals, stationery items and sports
goods, where this investment limit has been enhanced to Rs. 5 crore. Units with
investment in plant and machinery in excess of SSI limit and up to Rs. 10 crore
may be treated as Medium Enterprises (ME). "
3. Eligibility criteria
(i) These guidelines
would be applicable to the following entities, which are viable or potentially
viable :
a) All non-corporate SMEs irrespective
of the level of dues to
banks.
b) All corporate SMEs, which are enjoying banking
facilities from a single bank, irrespective of the level of dues to the bank.
c) All corporate SMEs, which have funded and non-funded outstanding up
to Rs.10 crore under multiple/ consortium banking arrangement.
(ii) Accounts involving wilful
default, fraud and malfeasance will not be eligible for restructuring
under these guidelines.
(iii) Accounts classified by banks
as "Loss Assets" will not be eligible for restructuring.
(iv) In respect of BIFR cases
banks should ensure completion of all formalities in seeking approval from BIFR
before implementing the package.
4. Viability criteria
Banks may decide on the acceptable
viability benchmark, consistent with the unit becoming viable in 7 years and
the repayment period for restructured debt not exceeding 10 years.
5. Prudential norms for
restructured accounts
i) Treatment of ‘standard’ accounts
subjected to restructuring
(a) A rescheduling of the instalments
of principal alone, would not cause a standard asset to be classified in the
sub-standard category, provided the borrower’s outstanding is fully covered
by tangible security.
(b) A rescheduling of interest element would not cause
an asset to be downgraded to sub-standard category subject to the condition that
the amount of sacrifice, if any, in the element of interest, measured in present
value terms, is either written off or provision is made to the extent of the sacrifice
involved.
ii) Treatment of ‘sub-standard’
/ ‘doubtful’ accounts subjected to restructuring
a) A rescheduling of the instalments
of principal alone, would render a ‘sub-standard’ / ‘doubtful’asset
eligible to continue in the ‘sub-standard’ / ‘doubtful’ category
for the specified period ( as defined in paragraph 7 below), provided
the borrower’s outstanding is fully covered by tangible security.
b) A rescheduling of interest
element would render a sub-standard / ‘doubtful’ asset eligible to be continued
to be classified in sub-standard /‘doubtful’ category for the specified period
subject to the condition that the amount of sacrifice, if any, in the element
of interest, measured in present value terms, is either written off or provision
is made to the extent of the sacrifice involved.
c) Even in cases where the sacrifice
is by way of write off of the past interest dues, the asset should continue
to be treated as sub-standard / ‘doubtful’.
iii) Treatment of Provision
a) Provision made towards interest
sacrifice should be created by debit to Profit & Loss account and held in
a distinct account. For this purpose, the future interest due as per the current
BPLR in respect of an account should be discounted to the present value
at a rate appropriate to the risk category of the borrower (i.e., current PLR
+ the appropriate term premium and credit risk premium for the borrower-category)
and compared with the present value of the dues expected to be received under
the restructuring package, discounted on the same basis.
b) Sacrifice may be re-computed
on each balance sheet date till satisfactory completion of all repayment obligations
and full repayment of the outstanding in the account, so as to capture the changes
in the fair value on account of changes in BPLR, term premium and the credit
category of the borrower. Consequently, banks may provide for the shortfall
in provision or reverse the amount of excess provision held in the distinct
account.
c) The amount of provision made
for NPA, may be reversed when the account is re-classified as a ‘standard asset’.
6. Additional finance
Additional finance, if any, may
be treated as ‘standard asset’ in all accounts viz; standard, sub-standard,
and doubtful accounts, up to a period of one year after the date when first
payment of interest or of principal, whichever is earlier, falls due under the
approved restructuring package. If the restructured asset does not qualify
for upgradation at the end of the above period, additional finance shall be
placed in the same asset classification category as the restructured debt.
7. Upgradation of restructured
accounts
The sub-standard / doubtful accounts
at para 5 (ii) (a) & (b) above, which have been subjected to
restructuring, whether in respect of principal instalment or interest, by whatever
modality, would be eligible to be upgraded to the standard category after the
specified period, i.e., a period of one year after the date when first payment
of interest or of principal, whichever is earlier, falls due under the rescheduled
terms, subject to satisfactory performance during the period.
8. Asset classification status
During the specified one-year period,
the asset classification status of rescheduled accounts will not deteriorate
if satisfactory performance of the account is demonstrated during the period.
In case, however, the satisfactory performance during the one year period is
not evidenced, the asset classification of the restructured account would be
governed as per the applicable prudential norms with reference to the pre-restructuring
payment schedule. The asset classification would be bank-specific based
on record of recovery of each bank, as per the existing prudential norms applicable
to banks.
9. Repeated restructuring
The special dispensation for
asset classification as available in terms of paragraphs 5, 6 and 7 above, shall
be available only when the account is restructured for the first time.
10. Procedure
(i) Based on these guidelines,
banks registered under the State Acts may formulate, with the approval of the
concerned Registrar of the Co-operative Societies, a debt restructuring scheme
for SMEs. However, in the case of Multi State Co-operative banks, the above
guidelines may be formulated with the approval of the Board of Directors.
(ii) The restructuring would follow
a receipt of a request to that effect from the borrowing units.
(iii) In case of eligible SMEs
which are under consortium/multiple banking arrangements, the bank
with the maximum outstanding may work out the restructuring package, along with
the bank having the second largest share.
11. Time frame
Banks should work out the restructuring
package and implement the same within a maximum period of 60 days from date
of receipt of requests.
12. Review
Banks may review the progress in
rehabilitation and restructuring of SME accounts on a quarterly basis and keep
the Board and the concerned RCS informed.
13. Disclosure
It may be ensured that the scheme
formulated in this regard as enumerated in para 10 above is brought to the notice
of all beneficiaries. The bank may place the scheme on its website and give
adequate publicity through other means. A copy may also be forwarded to SIDBI
and the concerned Regional Offices of Reserve Bank of India
Banks should also disclose in their
published annual Balance Sheets, under 'Notes on Accounts', the following information
in respect of restructuring undertaken during the year for SME accounts:
(a) Total amount of assets of SMEs subjected
to restructuring. [(a) = (b)+(c)+(d)].
(b) The amount of standard assets of SMEs subjected to restructuring.
(c) The amount of sub-standard
assets of SMEs subjected to restructuring.
(d) The amount of doubtful assets of SMEs subjected to restructuring.
14. Please acknowledge
receipt to the concerned Regional Offices of the Reserve Bank of India.
Yours faithfully,
(N.S.Vishwanathan)
Chief General Manager In-Charge
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