Bank Restructuring and Resolution

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It economises on TLAC and preserves the global bank as a whole.

Financial Restructuring in Banking and Corporate Sector Crises: What Policies to Pursue?

But this type of global resolution is not always compatible with the interests of national regulatory authorities. When this is the case, resolving a global bank along national lines — a multiple-point-of-entry or MPOE resolution — is generally better. National interests are important both ex ante when setting up a resolution regime and ex post when the resolution takes place. From an ex ante perspective, a global SPOE resolution usually involves expected transfers from one jurisdiction to another.

The regulator in the jurisdiction that is more likely to make transfers may object to setting up a global SPOE resolution framework. Even though a global resolution would be efficient, national regulators that care more about outcomes in their own jurisdiction — for example, because of political economy considerations — would prefer setting up a national resolution regime in order to limit transfers to other jurisdictions.

Bank Restructuring and Resolution

Asymmetries across jurisdictions raise challenges in setting up a global SPOE resolution regime. These are similar to the challenges encountered by EU countries in setting up an EU-wide deposit insurance scheme. The ex-post difficulties with a global SPOE resolution are perhaps even more serious. National regulators may decide not to honour their commitment when the resolution is carried out.

Now, banks can go back to the erstwhile negotiated plans if the borrower defaults.

In particular, if the cross-jurisdictional transfer necessary to successfully carry out an SPOE resolution was too large, national regulators would prevent those transfers by ring-fencing assets in their own jurisdiction. This is the worst of all outcomes, likely to cause a financial panic similar to that following the collapse of Lehman Brothers in The possibility of an ex-post breakdown needs to be considered when resolution regimes are designed.

If regulators know that a global SPOE resolution would not be incentive-compatible ex post, then it would be better to plan for separate resolutions in different jurisdictions using an MPOE resolution.

Whether a global SPOE resolution can be carried out successfully depends on the risk profile and the operational structure of the global bank in question. Our analysis shows that credible G-SIB resolution is not one-size-fits-all. Resolution should consider a bank's risk structure and operational complementarities across different jurisdictions. A global SPOE resolution would be more likely to succeed if there were large operational complementarities across jurisdictions that would be lost in case of a break-up through a national resolution.

If the Bank decides on options of either 'Rectification' or 'Restructuring', but the account fails to perform as per the agreed terms under these options, the bank shall initiate recovery under option. Accounts classified NPA can be restructured; however, the extant asset classification norms governing restructuring of NPAs will continue to apply. As a general rule, barring the above one-time exception, any MSME account which is restructured must be downgraded to NPA upon restructuring and will slip into progressively lower asset classification and higher provisioning requirements as per extant IRAC norms.

It is of utmost importance to take measures to ensure that sickness is arrested at the incipient stage itself. The branches should keep a close watch on the operations in the account and take adequate measures to achieve this objective.

The management of the Unit financed should be advised about their primary responsibility to inform the Bank if they face problems which could lead to sickness and to restore the Units to normal health. The organizational arrangements at branch level should also be fully geared for early detection of sickness and prompt remedial action.

An illustrative list of warning signals of incipient sickness that are thrown up during the scrutiny of borrowal accounts and other related records e. The Unit should be capable of being restored to normal health within a reasonable time.

Bank Restructuring And Resolution (Brarea) (Procyclicality of Financial Systems in Asia)

However, sick Units categorized as a case of suspected fraud are not eligible for such package and steps should be taken for recovery of bank's dues. Discussions should be held with the promoters of sick but potentially viable Units to work out a suitable rehabilitation programme to turnaround the Unit. There is scope to improve use of this tool of NPA management further to reduce the number of sick Units in the Bank's portfolio as well as to improve recovery from sick but viable Units. The requirement of overdue period exceeding one year will remain unchanged even if the present period for classification of an account as sub -standard, is reduced in due course;.

It is emphasized that only those Units which are considered to be potentially viable should be taken up for rehabilitation. No Unit will be taken up for rehabilitation by the Bank unless the financial viability is established and there is a reasonable certainty of repayment from the borrower, as per the terms of rehabilitation package.

Bank Restructuring and Resolution (BR)

The viability should be determined based on the acceptable viability benchmarks determined by them, which may be applied on a case-by-case basis, depending on merits of each case. Illustratively, the parameters may include the Return on Capital Employed, Debt Service Coverage Ratio, Gap between the internal Rate of Return and Cost of Funds and the amount of provision required in lieu of the diminution in the fair value of the restructured advance.

In fact, the viability study itself should contain a sensitivity analysis in respect of the risk involved that in turn will enable firming up of the corrective action matrix. The Units not respect of such accounts should be accelerated.

Restructuring and Insolvency

Norms for grant of reliefs and concessions to potentially viable sick MSE Units for rehabilitation are furnished below:. The principal installments could be rescheduled with a repayment period not exceeding 7 years from the date of implementation of the package. Cash losses are likely to be incurred in the initial stages of the rehabilitation programme till the Unit reaches the break-even level.

Such cash losses excluding interest as may be incurred during the nursing programme may also be included in the rehabilitation cost and funded by the bank. Future cash losses in this context will refer to losses from the time of implementation of the package up to the point of cash break -even as projected. Future cash losses as above should be worked out before interest i. Promoter's contribution towards the rehabilitation package is fixed at a minimum of 15 per cent of the additional long -term requirements under the rehabilitation package.

It would be desirable that upto of the promoter's contribution is brought in upfront and the balance within 6 months from the date of communication of approval of the package. For arriving at promoters' contribution, the monetary value of the sacrifices from banks, financial institutions and Government may be taken into account, in addition to the long-term requirement of funds under the rehabilitation package.

While evolving packages, it should be made a precondition that the promoters should bring in their contribution within the stipulated time frame.

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The definition of willful default will broadly cover the following:. Buy eBook. Buy Hardcover. FAQ Policy. About this book Systemic financial crises have become a common feature of the global financial landscape. Show all. What Happens After Supervisory Intervention?