RBI NPA Classification Circular
RBI NPA Classification Circular
RBI/2009-10/39
DBOD.No.BP.BC. 17 /21.04.048/2009-10 July 1, 2009
Dear Sir
Please refer to the Master Circular No. DBOD.No.BP.BC. 20/21.04.048/2008-09 dated July
1, 2008 consolidating instructions / guidelines issued to banks till June 30, 2008 on matters
relating to prudential norms on income recognition, asset classification and provisioning
pertaining to advances.
2. The Master Circular has now been suitably updated by incorporating instructions
issued up to June 30, 2009 and is attached. It has also been placed on the RBI web-site
(http://www.rbi.org.in). We advise that this revised Master Circular consolidates the
instructions contained in the circulars listed in the Annex 7.
Yours faithfully
(B. Mahapatra)
Chief General Manager
Encls: As above
___________________________________________________________________________________________________________________
_____________________
th
Department of Banking Operations and Development, Central Office, 12 floor, Central Office Building, Mumbai – 400 001.
Tel No: (91-22) 22601000 Fax No. (91-22) 22705691 & (91-22) 22705692 - Email ID:[email protected]
MASTER CIRCULAR - PRUDENTIAL NORMS ON INCOME RECOGNITION, ASSET
CLASSIFICATION AND PROVISIONING PERTAINING TO ADVANCES
TABLE OF CONTENTS
PART A
1 GENERAL 1
2 DEFINITIONS 1
5.1 General 16
5.2 Loss assets 17
5.3 Doubtful assets 17
5.4 Substandard assets 18
5.5 Standard assets 18
5.6 Floating provisions 19
5.7 Provisions for advances at higher than prescribed rates 21
5.8 Provisions on Leased Assets 21
5.9 Guidelines for Provisions under Special Circumstances 22
6 GUIDELINES ON SALE OF FINANCIAL ASSETS TO 27
SECURITISATION COMPANY (SC)/
RECONSTRUCTION COMPANY (RC)
6.1 Scope 27
6.2 Structure 27
6.3 Financial assets which can be sold 28
6.4 Procedure for sale of banks’/ FIs’ financial assets to 28
SC/ RC, including valuation and pricing aspects
6.5 Prudential norms for banks/ FIs for the sale 30
transactions
6.6 Disclosure Requirements 31
6.7 Related Issues 32
7 GUIDELINES ON PURCHASE/SALE OF NON 32
PERFORMING ASSETS
7.1 Scope 32
7.4 Structure 33
7.5 Procedure for purchase/ sale of non performing 33
financial assets, including valuation and pricing aspects
7.6 Prudential norms for banks for the purchase/ sale 35
transactions
7.7 Disclosure Requirements 37
8 WRITING OFF OF NPAs 37
PART B
PART C
Agricultural Debt Waiver and Debt Relief Scheme, 2008 (ADWDRS)- Prudential
Norms on Income Recognition, Asset Classification, Provisioning, and Capital
Adequacy
19 The background 51
20 Prudential Norms for the Borrowal Accounts Covered 51
under the ADWDRS
20.1 Norms for the Accounts subjected to Debt Waiver 51
20.2 Norms for the Accounts subjected to the Debt Relief 52
20.3 Grant of Fresh Loans to the Borrowers covered under 55
the ADWDRS
20.4 Capital Adequacy 55
21 Subsequent Modifications to the Prudential Norms 55
21.1 Interest payment by the GOI 55
21.2 Change in instalment schedule of “other farmers” under 56
the Debt Relief Scheme
ANNEXES
1. GENERAL
1.1 In line with the international practices and as per the recommendations made by the
Committee on the Financial System (Chairman Shri M. Narasimham), the Reserve Bank of
India has introduced, in a phased manner, prudential norms for income recognition, asset
classification and provisioning for the advances portfolio of the banks so as to move
towards greater consistency and transparency in the published accounts.
1.2 The policy of income recognition should be objective and based on record of
recovery rather than on any subjective considerations. Likewise, the classification of
assets of banks has to be done on the basis of objective criteria which would ensure a
uniform and consistent application of the norms. Also, the provisioning should be made on
the basis of the classification of assets based on the period for which the asset
has remained nonperforming and the availability of security and the realisable value thereof.
1.3 Banks are urged to ensure that while granting loans and advances, realistic
repayment schedules may be fixed on the basis of cash flows with borrowers. This would go
a long way to facilitate prompt repayment by the borrowers and thus improve the record of
recovery in advances.
1.4 With the introduction of prudential norms, the Health Code-based system for
classification of advances has ceased to be a subject of supervisory interest. As such, all
related reporting requirements, etc. under the Health Code system also cease to be a
supervisory requirement. Banks may, however, continue the system at their discretion as a
management information tool.
2. DEFINITIONS
2.1.1 An asset, including a leased asset, becomes non performing when it ceases
to generate income for the bank.
ii. the account remains ‘out of order’ as indicated at paragraph 2.2 below, in
respect of an Overdraft/Cash Credit (OD/CC),
iii. the bill remains overdue for a period of more than 90 days in the case of
bills purchased and discounted,
iv. the instalment of principal or interest thereon remains overdue for two
crop seasons for short duration crops,
vi. the amount of liquidity facility remains outstanding for more than 90 days,
in respect of a securitisation transaction undertaken in terms of
guidelines on securitisation dated February 1, 2006.
2.1.3 Banks should, classify an account as NPA only if the interest due and
charged during any quarter is not serviced fully within 90 days from the end of the
quarter.
2.3 ‘Overdue’
Any amount due to the bank under any credit facility is ‘overdue’ if it is not paid on the due
date fixed by the bank.
3. INCOME RECOGNITION
3.1.1 The policy of income recognition has to be objective and based on the record
of recovery. Internationally income from nonperforming assets (NPA) is not
recognised on accrual basis but is booked as income only when it is actually
received. Therefore, the banks should not charge and take to income account
interest on any NPA.
3.1.2 However, interest on advances against term deposits, NSCs, IVPs,
KVPs and Life policies may be taken to income account on the due date, provided
adequate margin is available in the accounts.
3.2.1 If any advance, including bills purchased and discounted, becomes NPA
as at the close of any year, the entire interest accrued and credited to income
account in the past periods, should be reversed or provided for if the same is not
realised. This will apply to Government guaranteed accounts also.
3.2.2 In respect of NPAs, fees, commission and similar income that have accrued
should cease to accrue in the current period and should be reversed or provided for
with respect to past periods, if uncollected.
The finance charge component of finance income [as defined in ‘AS 19 Leases’
issued by the Council of the Institute of Chartered Accountants of India (ICAI)] on
the leased asset which has accrued and was credited to income account before the
asset became nonperforming, and remaining unrealised, should be reversed or
provided for in the current accounting period.
3.3.1 Interest realised on NPAs may be taken to income account provided the
credits in the accounts towards interest are not out of fresh/ additional credit facilities
sanctioned to the borrower concerned.
3.3.2 In the absence of a clear agreement between the bank and the borrower for
the purpose of appropriation of recoveries in NPAs (i.e. towards principal or interest
due), banks should adopt an accounting principle and exercise the right of
appropriation of recoveries in a uniform and consistent manner.
3.4 Interest Application
There is no objection to the banks using their own discretion in debiting interest to an NPA
account taking the same to Interest Suspense Account or maintaining only a record of such
interest in proforma accounts.
3.5 Computation of NPA levels
Banks should deduct the following items from the Gross Advances and Gross NPAs to
arrive at the Net advances and Net NPAs respectively:
iv) Total provisions held (excluding amount of technical write off and provision
on standard assets)
For the purpose, the amount of gross advances should exclude the amount of Technical
Write off but would include all outstanding loans and advances; including the advances for
which refinance has been availed but excluding the amount of rediscounted bills. The level
of gross and net NPAs will be arrived at in percentage terms by dividing the amount of
gross and net NPAs by gross and net advances, computed as above, respectively.
4. ASSET CLASSIFICATION
i. Substandard Assets
With effect from 31 March 2005, a substandard asset would be one, which has
remained NPA for a period less than or equal to 12 months. In such cases, the
current net worth of the borrower/ guarantor or the current market value of the
security charged is not enough to ensure recovery of the dues to the banks in full. In
other words, such an asset will have well defined credit weaknesses that jeopardise
the liquidation of the debt and are characterised by the distinct possibility that the
banks will sustain some loss, if deficiencies are not corrected.
With effect from March 31, 2005, an asset would be classified as doubtful if it has
remained in the substandard category for a period of 12 months. A loan classified
as doubtful has all the weaknesses inherent in assets that were classified as sub-
standard, with the added characteristic that the weaknesses make collection or
liquidation in full, – on the basis of currently known facts, conditions and values –
highly questionable and improbable.
A loss asset is one where loss has been identified by the bank or internal or external
auditors or the RBI inspection but the amount has not been written off wholly. In
other words, such an asset is considered uncollectible and of such little value that its
continuance as a bankable asset is not warranted although there may be some
salvage or recovery value.
The availability of security or net worth of borrower/ guarantor should not be taken
into account for the purpose of treating an advance as NPA or otherwise, except to
the extent provided in Para 4. 2.9, as income recognition is based on record of
recovery.
ii) Regular and ad hoc credit limits need to be reviewed/ regularised not
later than three months from the due date/date of ad hoc sanction. In case of
constraints such as non-availability of financial statements and other data
from the borrowers, the branch should furnish evidence to show that
renewal/ review of credit limits is already on and would be completed soon.
In any case, delay beyond six months is not considered desirable as a
general discipline. Hence, an account where the regular/ ad hoc credit
limits have not been reviewed/ renewed within 180 days from the due date/
date of ad hoc sanction will be treated as NPA.
If arrears of interest and principal are paid by the borrower in the case of loan
accounts classified as NPAs, the account should no longer be treated as non-
performing and may be classified as ‘standard’ accounts. With regard to upgradation
of a restructured/ rescheduled account which is classified as NPA contents of
paragraphs 4.2.15 and 4.2.16 will be applicable.
In respect of accounts where there are potential threats for recovery on account of
erosion in the value of security or non-availability of security and existence of other
factors such as frauds committed by borrowers it will not be prudent that such
accounts should go through various stages of asset classification. In cases of such
serious credit impairment the asset should be straightaway classified as doubtful or
loss asset as appropriate:
Advances against term deposits, NSCs eligible for surrender, IVPs, KVPs and life
policies need not be treated as NPAs, provided adequate margin is available in the
accounts. Advances against gold ornaments, government securities and all other
securities are not covered by this exemption.
iv. The debts as on March 31, 2004 of farmers, who have suffered
production and income losses on account of successive natural calamities,
i.e., drought, flood, or other calamities which might have occurred in the
districts for two or more successive years during the past five years may be
rescheduled/ restructured by the banks, provided the State Government
concerned has declared such districts as calamity affected. Accordingly, the
interest outstanding/accrued in the accounts of such borrowers (crop
loans and agriculture term loans) up to March 31, 2004 may be clubbed with
the principal outstanding therein as on March 31, 2004, and the amount
thus arrived at shall be repayable over a period of five years, at current
interest rates, including an initial moratorium of two years. As regards the
crop loans and agricultural term loans which have already been restructured
on account of natural calamities as per the standing guidelines, only the
overdue instalments including interest thereon as on March 31, 2004 may be
taken into account for the proposed restructuring. On restructuring as above,
the farmers concerned will become eligible for fresh loans. The
rescheduled/restructured loans as also the fresh loans to be issued to the
farmers may be treated as current dues and need not be classified as NPA.
While the fresh loans would be governed by the NPA norms as applicable to
agricultural loans, in case of rescheduled/restructured loans, the NPA
norms would be applicable from the third year onwards, i.e., on expiry of the
initial moratorium period of two years.
The credit facilities backed by guarantee of the Central Government though overdue
may be treated as NPA only when the Government repudiates its guarantee when
invoked. This exemption from classification of Government guaranteed advances as
NPA is not for the purpose of recognition of income. The requirement of invocation
of guarantee has been delinked for deciding the asset classification and provisioning
requirements in respect of State Government guaranteed exposures. With effect
from the year ending 31 March 2006 State Government guaranteed advances and
investments in State Government guaranteed securities would attract asset
classification and provisioning norms if interest and/or principal or any other amount
due to the bank remains overdue for more than 90 days.
It was observed that there were instances, where despite substantial time overrun in
the projects under implementation, the underlying loan assets remained classified in
the standard category merely because the project continued to be under
implementation. Recognising that unduly long time overrun in a project adversely
affected its viability and the quality of the asset deteriorated, a need was felt to
evolve an objective and definite timeframe for completion of projects so as to ensure
that the loan assets relating to projects under implementation were appropriately
classified and asset quality correctly reflected. In the light of the above background,
it was decided to extend the norms detailed below on income recognition, asset
classification and provisioning to banks with respect to industrial projects under
implementation, which involve time overrun.
i. The projects under implementation are grouped into three categories for the
purpose of determining the date when the project ought to be completed:
Category I: Projects where financial closure had been achieved and formally
documented.
Category II: Projects sanctioned before 1997 with original project cost of
Rs.100 crore or more where financial closure was not formally documented.
Category III: Projects sanctioned before 1997 with original project cost of
less than Rs.100 crore where financial closure was not formally documented.
Asset classification
ii. In case of each of the three categories, the date when the project ought to be
completed and the classification of the underlying loan asset should be
determined in the following manner:
Category III (Projects sanctioned before 1997 with original project cost of
less than Rs.100 crore where financial closure was not
formally documented): In these cases, sanctioned prior to 1997, where the
financial closure was not formally documented, the date of completion of the
project would be as originally envisaged at the time of sanction. In such
cases, the asset may be treated as standard asset only for a period not
exceeding two years beyond the date of completion of the project as
originally envisaged at the time of sanction.
iii. In all the three foregoing categories, in case of time overruns beyond the
aforesaid period of two years, the asset should be classified as substandard
regardless of the record of recovery and provided for accordingly.
iv. As regards the projects financed by the FIs/ banks after 28th May, 2002, the
date of completion of the project should be clearly spelt out at the time of
financial closure of the project. In such cases, if the date of commencement
of commercial production extends beyond a period of six months after the
date of completion of the project, as originally envisaged at the time of initial
financial closure of the project, the account should be treated as a sub-
standard asset. However, for Infrastructure projects alone, w.e.f. March 31,
2008, if the date of commencement of commercial production extends
beyond a period of two years after the date of completion of the project, as
originally envisaged, the account should be treated as substandard.
ii. the principal and interest on the loans are regularly serviced
during the six month or two year period, as the case may be.
Income recognition
vi. Banks may recognise income on accrual basis in respect of the above three
categories of projects under implementation, which are classified
as ‘standard’.
vi. Banks should not recognise income on accrual basis in respect of the above
three categories of projects under implementation which are classified as a
‘substandard’ asset. Banks may recognise income in such accounts only on
realisation on cash basis.
Consequently, banks which have wrongly recognised income in the past should
reverse the interest if it was recognised as income during the current year or
make a provision for an equivalent amount if it was recognised as income in the
previous year(s). As regards the regulatory treatment of ‘funded interest’
recognised as income and ‘conversion into equity, debentures or any other
instrument’ banks should adopt the following:
Provisioning
vii. While there will be no change in the extant norms on provisioning for NPAs,
banks which are already holding provisions against some of the accounts,
which may now be classified as ‘standard’, shall continue to hold the
provisions and shall not reverse the same.
ii. In such cases, where the lending bank is able to establish through
documentary evidence that the importer has cleared the dues in full
by depositing the amount in the bank abroad before it turned into NPA in the
books of the bank, but the importer's country is not allowing the funds to be
remitted due to political or other reasons, the asset classification may be
made after a period of one year from the date the amount was deposited
by the importer in the bank abroad.
Banks are not permitted to upgrade the classification of any advance in respect of
which the terms have been renegotiated unless the package of renegotiated terms
has worked satisfactorily for a period of one year. While the existing credit facilities
sanctioned to a unit under rehabilitation packages approved by BIFR/term lending
institutions will continue to be classified as substandard or doubtful as the case may
be, in respect of additional facilities sanctioned under the rehabilitation packages,
the Income Recognition, Asset Classification norms will become applicable after a
period of one year from the date of disbursement.
5 PROVISIONING NORMS
5.1 General
5.1.1 The primary responsibility for making adequate provisions for any diminution
in the value of loan assets, investment or other assets is that of the
bank managements and the statutory auditors. The assessment made by the
inspecting officer of the RBI is furnished to the bank to assist the bank management
and the statutory auditors in taking a decision in regard to making adequate and
necessary provisions in terms of prudential guidelines.
5.1.2 In conformity with the prudential norms, provisions should be made on the
nonperforming assets on the basis of classification of assets into prescribed
categories as detailed in paragraphs 4 supra. Taking into account the time lag
between an account becoming doubtful of recovery, its recognition as such, the
realisation of the security and the erosion over time in the value of security charged
to the bank, the banks should make provision against substandard assets, doubtful
assets and loss assets as below:
Loss assets should be written off. If loss assets are permitted to remain in the books for
any reason, 100 percent of the outstanding should be provided for.
i. 100 percent of the extent to which the advance is not covered by the
realisable value of the security to which the bank has a valid recourse and the
realisable value is estimated on a realistic basis.
ii. In regard to the secured portion, provision may be made on the following
basis, at the rates ranging from 20 percent to 100 percent of the secured portion
depending upon the period for which the asset has remained doubtful:
iii. Banks are permitted to phase the additional provisioning consequent upon
the reduction in the transition period from substandard to doubtful asset from 18 to
12 months over a four year period commencing from the year ending March 31,
2005, with a minimum of 20 % each year.
(iii) In order to enhance transparency and ensure correct reflection of the unsecured
advances in Schedule 9 of the banks' balance sheet, it is advised that the following would
be applicable from the financial year 2009-10 onwards :
b) Banks should also disclose the total amount of advances for which intangible
securities such as charge over the rights, licenses, authority, etc. has been taken as
also the estimated value of such intangible collateral. The disclosure may be made
under a separate head in "Notes to Accounts". This would differentiate such loans
from other entirely unsecured loans.
(a) direct advances to agricultural and SME sectors at 0.25 per cent;
(ii) The revised norms would be effective prospectively but the provisions held
at present should not be reversed. However, in future, if by applying the revised
provisioning norms, any provisions are required over and above the level of
provisions currently held for the standard category assets, these should be duly
provided for.
(iii) While the provisions on individual portfolios are required to be calculated at
the rates applicable to them, the excess or shortfall in the provisioning, vis-a-vis the
position as on any previous date, should be determined on an aggregate basis. If
the provisions on an aggregate basis required to be held w.e.f November 15, 2008
are less than the provisions already held, the provisions rendered surplus should not
be reversed to P&L and should continue to be maintained at the existing level. In
case of shortfall determined on aggregate basis, the balance should be provided for
by debit to P&L.
(iv) The provisions on standard assets should not be reckoned for arriving at net
NPAs.
(v) The provisions towards Standard Assets need not be netted from
gross advances but shown separately as 'Contingent Provisions against Standard
Assets' under 'Other Liabilities and Provisions Others' in Schedule 5 of the balance
sheet.
The bank's board of directors should lay down approved policy regarding the level to
which the floating provisions can be created. The bank should hold floating
provisions for ‘advances’ and ‘investments’ separately and the guidelines prescribed
will be applicable to floating provisions held for both ‘advances’ & ‘investment’
portfolios.
i The floating provisions should not be used for making specific provisions as per
the extant prudential guidelines in respect of nonperforming assets or for making
regulatory provisions for standard assets. The floating provisions can be used
only for contingencies under extraordinary circumstances for making
specific provisions in impaired accounts after obtaining board’s approval and
with prior permission of RBI. The boards of the banks should lay down an
approved policy as to what circumstances would be considered extraordinary.
iii In terms of the Agricultural Debt Waiver and Debt Relief Scheme, 2008, lending
institutions shall neither claim from the Central Government, nor recover from the
farmer, interest in excess of the principal amount, unapplied interest, penal
interest, legal charges, inspection charges and miscellaneous charges, etc. All
such interest / charges will be borne by the lending institutions. In view of the
extraordinary circumstances in which the banks are required to bear such
interest / charges, banks are allowed, as a one time measure, to utilise, at their
discretion, the Floating Provisions held for 'advances' portfolio, only to the extent
of meeting the interest / charges referred to above.
5.6.3 Accounting
Floating provisions cannot be reversed by credit to the profit and loss account. They
can only be utilised for making specific provisions in extraordinary circumstances as
mentioned above. Until such utilisation, these provisions, till the year 2008-09, could
have either been netted off from gross NPAs to arrive at disclosure of net NPAs, or
treated as part of Tier II capital within the overall ceiling of 1.25 % of total risk
weighted assets.
However, from the year 2009-10 onwards, Floating Provisions cannot be netted from
gross NPAs to arrive at net NPAs, but can only be reckoned as part of Tier II capital
subject to the overall ceiling of 1.25% of total Risk Weighted Assets.
5.6.4 Disclosures
i) Substandard assets
a) 10 percent of the sum of the net investment in the lease and the
unrealised portion of finance income net of finance charge component. The
terms ‘net investment in the lease’, ‘finance income’ and ‘finance charge’ are
as defined in ‘AS 19 Leases’ issued by the ICAI.
100 percent of the extent to which, the finance is not secured by the realisable value
of the leased asset. Realisable value is to be estimated on a realistic basis. In
addition to the above provision, provision at the following rates should be made on
the sum of the net investment in the lease and the unrealised portion of finance
income net of finance charge component of the secured portion, depending upon the
period for which asset has been doubtful:
The entire asset should be written off. If for any reason, an asset is allowed to
remain in books, 100 percent of the sum of the net investment in the lease and the
unrealised portion of finance income net of finance charge component should be
provided for.
5.9 Guidelines for Provisions under Special Circumstances
(iii) In respect of additional credit facilities granted to SSI units which are
identified as sick [as defined in Section IV (Para 2.8) of RPCD circular
RPCD.PLNFS.BC. No 83 /06.02.31/20042005 dated 1 March 2005] and
where rehabilitation packages/nursing programmes have been drawn by the
banks themselves or under consortium arrangements, no provision need be
made for a period of one year.
5.9.2 Advances against term deposits, NSCs eligible for surrender, IVPs, KVPs,
gold ornaments, government & other securities and life insurance policies would
attract provisioning requirements as applicable to their asset classification status.
Asset classification status: Doubtful – More than 3 years (as on March 31, 2004)
75% of the amount outstanding or 75% of the unsecured
CGTSI Cover
amount or Rs.18.75 lakh, whichever is the least
Realisable value of Security Rs.1.50 lakh
Balance outstanding Rs.10.00 lakh
Example II
Asset classification status Doubtful – More than 3 years (as on March 31,
2005)
75% of the amount outstanding or 75% of the
CGTSI Cover unsecured amount or Rs.18.75 lakh, whichever is the
least
Realisable value of Security Rs.10.00 lakh
Balance outstanding Rs.40.00 lakh
Less Realisable value of Rs. 10.00 lakh
security
Unsecured amount Rs. 30.00 lakh
Less CGTSI cover (75%) Rs. 18.75 lakh
Net unsecured and Rs. 11.25 lakh
uncovered portion:
Provision Required
(as on March 31, 2005)
Secured portion Rs.10.00 lakh Rs. 10.00 lakh (@ 100%)
Unsecured & uncovered
Rs.11.25 lakh Rs.11.25 lakh (100%)
portion
Total provision required
Rs. 21.25 lakh
5.9.6 Takeout finance
The lending institution should make provisions against a 'takeout finance' turning
into NPA pending its takeover by the taking-over institution. As and when the asset
is taken-over by the taking-over institution, the corresponding provisions could be
reversed.
When exchange rate movements of Indian rupee turn adverse, the outstanding
amount of foreign currency denominated loans (where actual disbursement was
made in Indian Rupee) which becomes overdue, goes up correspondingly, with its
attendant implications of provisioning requirements. Such assets should not
normally be revalued. In case such assets need to be revalued as per requirement
of accounting practices or for any other requirement, the following procedure may be
adopted:
Banks shall make provisions, with effect from the year ending 31 March 2003, on the
net funded country exposures on a graded scale ranging from 0.25 to 100 percent
according to the risk categories mentioned below. To begin with, banks shall make
provisions as per the following schedule:
Provisioning
ECGC Requirement
Risk category
Classification (per cent)
Insignificant A1 0.25
Low A2 0.25
Moderate B1 5
High B2 20
Very high C1 25
Restricted C2 100
Offcredit D 100
Banks are required to make provision for country risk in respect of a country where
its net funded exposure is one per cent or more of its total assets.
The provision for country risk shall be in addition to the provisions required to be
held according to the asset classification status of the asset. In the case of
‘loss assets’ and ‘doubtful assets’, provision held, including provision held for
country risk, may not exceed 100% of the outstanding.
Banks may not make any provision for ‘home country’ exposures i.e. exposure to
India. The exposures of foreign branches of Indian banks to the host country should
be included. Foreign banks shall compute the country exposures of their Indian
branches and shall hold appropriate provisions in their Indian books. However, their
exposures to India will be excluded.
Banks may make a lower level of provisioning (say 25% of the requirement) in
respect of short-term exposures (i.e. exposures with contractual maturity of less than
180 days).
(b) Excess provisions which arise on sale of NPAs can be admitted as Tier
II capital subject to the overall ceiling of 1.25% of total Risk Weighted Assets.
Accordingly, these excess provisions that arise on sale of NPAs would be
eligible for Tier II status in terms of paragraph 4.3.2 of Master Circular
DBOD.No.BP.BC.11/21.06.001/2008-09 dated July 1, 2008 on Prudential
guidelines on Capital Adequacy and Market Discipline - Implementation of
New Capital Adequacy Framework ( NCAF) and paragraph 2.1.1.2.C of
Master Circular DBOD.No.BP.BC.2/21.01.002/2008-09 dated July 1, 2008 on
Prudential Norms on Capital adequacy - Basel I Framework.
The amount of liquidity facility drawn and outstanding for more than 90 days, in
respect of securitisation transactions undertaken in terms of our guidelines on
securitisation dated February 1, 2006, should be fully provided for.
Credit exposures computed as per the current marked to market value of the
contract, arising on account of the interest rate & foreign exchange derivative
transactions, and gold, shall also attract provisioning requirement as applicable to
the loan assets in the 'standard' category, of the concerned counterparties. All
conditions applicable for treatment of the provisions for standard assets would also
apply to the aforesaid provisions for derivative and gold exposures.
6.1 Scope
6.2 Structure
The guidelines to be followed by banks/ FIs while selling their financial assets to SC/RC
under the Act ibid and investing in bonds/ debentures/ security receipts offered by the
SC/RC are given below. The prudential guidelines have been grouped under the following
headings:
ii) Procedure for sale of banks’/ FIs’ financial assets to SC/ RC,
including valuation and pricing aspects.
iii) Prudential norms, in the following areas, for banks/ FIs for sale of
their financial assets to SC/ RC and for investing in bonds/
debentures/ security receipts and any other securities offered by the
SC/RC as compensation consequent upon sale of financial assets:
c) Exposure norms
A financial asset may be sold to the SC/RC by any bank/ FI where the asset is:
(c) at least 75% (by value) of the banks / FIs who are under the
consortium / multiple banking arrangements agree to the sale of the
asset to SC/RC.
(b) Banks/ FIs, which propose to sell to SC/RC their financial assets should
ensure that the sale is conducted in a prudent manner in accordance with a policy
approved by the Board. The Board shall lay down policies and guidelines covering,
inter alia,
i. Financial assets to be sold;
(c) Banks/ FIs should ensure that subsequent to sale of the financial assets to
SC/RC, they do not assume any operational, legal or any other type of risks relating
to the financial assets sold.
(d) (i) Each bank / FI will make its own assessment of the value offered by
the SC / RC for the financial asset and decide whether to accept or
reject the offer.
(e) Banks/ FIs may receive cash or bonds or debentures as sale consideration
for the financial assets sold to SC/RC.
(g) Banks may also invest in security receipts, Pass-through certificates (PTC),
or other bonds/ debentures issued by SC/RC. These securities will also be classified
as investments in the books of banks/ FIs.
(a) (i) When a bank / FI sells its financial assets to SC/ RC, on transfer the
same will be removed from its books.
(ii) If the sale to SC/ RC is at a price below the net book value (NBV)
(i.e., book value less provisions held), the shortfall should be debited
to the profit and loss account of that year.
(iii) If the sale is for a value higher than the NBV, the excess provision
will not be reversed but will be utilized to meet the shortfall/ loss on
account of sale of other financial assets to SC/RC.
(b) The securities (bonds and debentures) offered by SC / RC should satisfy the
following conditions:
(i) The securities must not have a term in excess of six years.
(ii) The securities must carry a rate of interest which is not lower than
1.5% above the Bank Rate in force at the time of issue.
(iv) The securities must provide for part or full prepayment in the event
the SC / RC sells the asset securing the security before the maturity
date of the security.
For the purpose of capital adequacy, banks/ FIs should assign risk weights as under
to the investments in debentures/ bonds/ security receipts/ PTCs issued by SC/ RC
and held by banks/ FIs as investment:
Details of financial assets sold during the year to SC/RC for Asset Reconstruction
a. No. of accounts
c. Aggregate consideration
d. Additional consideration realized in respect of accounts transferred in
earlier years
(a) SC/ RC will also take over financial assets which cannot be revived and
which, therefore, will have to be disposed of on a realisation basis. Normally
the SC/ RC will not take over these assets but act as an agent for recovery
for which it will charge a fee.
(b) Where the assets fall in the above category, the assets will not be removed
from the books of the bank/ FI but realisations as and when received will be
credited to the asset account. Provisioning for the asset will continue to be
made by the bank / FI in the normal course.
In order to increase the options available to banks for resolving their non performing
assets and to develop a healthy secondary market for nonperforming assets, where
securitisation companies and reconstruction companies are not involved, guidelines have
been issued to banks on purchase / sale of NonPerforming Assets. Since the sale/purchase
of nonperforming financial assets under this option would be conducted within the financial
system the whole process of resolving the non performing assets and matters related
thereto has to be initiated with due diligence and care warranting the existence of a set of
clear guidelines which shall be complied with by all entities so that the process of resolving
nonperforming assets by sale and purchase of NPAs proceeds on smooth and sound lines.
Accordingly guidelines on sale/purchase of nonperforming assets have been formulated
and furnished below. The guidelines may be placed before the bank's /FI's /NBFC's Board
and appropriate steps may be taken for their implementation.
Scope
7.1 These guidelines would be applicable to banks, FIs and NBFCs purchasing/ selling
non performing financial assets, from/ to other banks/FIs/NBFCs (excluding securitisation
companies/ reconstruction companies).
7.2 A financial asset, including assets under multiple/consortium banking arrangements,
would be eligible for purchase/sale in terms of these guidelines if it is a nonperforming
asset/non performing investment in the books of the selling bank.
7.5 Procedure for purchase/ sale of non performing financial assets, including
valuation and pricing aspects
e) Accounting policy
ii) While laying down the policy, the Board shall satisfy itself that the bank has
adequate skills to purchase non performing financial assets and deal with them in an
efficient manner which will result in value addition to the bank. The Board should
also ensure that appropriate systems and procedures are in place to effectively
address the risks that a purchasing bank would assume while engaging in this
activity.
iii) Banks should, while selling NPAs, work out the net present value of the
estimated cash flows associated with the realisable value of the available securities
net of the cost of realisation. The sale price should generally not be lower than the
net present value arrived at in the manner described above. (Same principle should
be used in compromise settlements. As the payment of the compromise amount
may be in instalments, the net present value of the settlement amount should be
calculated and this amount should generally not be less than the net present value
of the realisable value of securities.)
iv) The estimated cash flows are normally expected to be realised within a
period of three years and at least 10% of the estimated cash flows should be
realized in the first year and at least 5% in each half year thereafter, subject to full
recovery within three years.
vi) Banks should ensure that subsequent to sale of the non performing financial
assets to other banks, they do not have any involvement with reference to assets
sold and do not assume operational, legal or any other type of risks relating to the
financial assets sold. Consequently, the specific financial asset should not enjoy the
support of credit enhancements / liquidity facilities in any form or manner.
vii) Each bank will make its own assessment of the value offered by the
purchasing bank for the financial asset and decide whether to accept or reject the
offer.
ix) A nonperforming asset in the books of a bank shall be eligible for sale to
other banks only if it has remained a nonperforming asset for at least two years in
the books of the selling bank.
x) Banks shall sell nonperforming financial assets to other banks only on cash
basis. The entire sale consideration should be received upfront and the asset can be
taken out of the books of the selling bank only on receipt of the entire sale
consideration.
xi) A nonperforming financial asset should be held by the purchasing bank in its
books at least for a period of 15 months before it is sold to other banks. Banks
should not sell such assets back to the bank, which had sold the NPFA.
(xii) Banks are also permitted to sell/buy homogeneous pool within retail non-
performing financial assets, on a portfolio basis provided each of the nonperforming
financial assets of the pool has remained as nonperforming financial asset for at
least 2 years in the books of the selling bank. The pool of assets would be treated
as a single asset in the books of the purchasing bank.
xiii) The selling bank shall pursue the staff accountability aspects as per the
existing instructions in respect of the nonperforming assets sold to other banks.
7.6. Prudential norms for banks for the purchase/ sale transactions
(ii) The asset classification status of an existing exposure (other than purchased
financial asset) to the same obligor in the books of the purchasing bank will continue
to be governed by the record of recovery of that exposure and hence may be
different.
(iii) Where the purchase/sale does not satisfy any of the prudential
requirements prescribed in these guidelines the asset classification status of the
financial asset in the books of the purchasing bank at the time of purchase shall be
the same as in the books of the selling bank. Thereafter, the asset classification
status will continue to be determined with reference to the date of NPA in the selling
bank.
i) When a bank sells its nonperforming financial assets to other banks, the
same will be removed from its books on transfer.
ii) If the sale is at a price below the net book value (NBV) (i.e., book value less
provisions held), the shortfall should be debited to the profit and loss account of that
year.
iii) If the sale is for a value higher than the NBV, the excess provision shall not
be reversed but will be utilised to meet the shortfall/ loss on account of sale of other
nonperforming financial assets.
The asset shall attract provisioning requirement appropriate to its asset classification
status in the books of the purchasing bank.
Banks which purchase nonperforming financial assets from other banks shall be required to
make the following disclosures in the Notes on Accounts to their Balance sheets:
C. The purchasing bank shall furnish all relevant reports to RBI, CIBIL etc. in
respect of the nonperforming financial assets purchased by it.
8.1 In terms of Section 43(D) of the Income Tax Act 1961, income by way of interest in
relation to such categories of bad and doubtful debts as may be prescribed having regard to
the guidelines issued by the RBI in relation to such debts, shall be chargeable to tax in the
previous year in which it is credited to the bank’s profit and loss account or received,
whichever is earlier.
8.3 Therefore, the banks should either make full provision as per the guidelines or write-
off such advances and claim such tax benefits as are applicable, by evolving appropriate
methodology in consultation with their auditors/tax consultants. Recoveries made in such
accounts should be offered for tax purposes as per the rules.
8.4 Write-off at Head Office Level
Banks may write-off advances at Head Office level, even though the relative advances are
still outstanding in the branch books. However, it is necessary that provision is made as per
the classification accorded to the respective accounts. In other words, if an advance is a
loss asset, 100 percent provision will have to be made therefor.
PART B
9. Background
In these four sets of guidelines on restructuring of advances, the differentiation has been
broadly made based on whether a borrower is engaged in an industrial activity or a non-
industrial activity. In addition an elaborate institutional mechanism has been laid down for
accounts restructured under CDR Mechanism. The major difference in the prudential
regulations lies in the stipulation that subject to certain conditions, the accounts of
borrowers engaged in industrial activities (under CDR Mechanism, SME Debt Restructuring
Mechanism and outside these mechanisms) continue to be classified in the existing asset
classification category upon restructuring. This benefit of retention of asset classification on
restructuring is not available to the accounts of borrowers engaged in non-industrial
activities except to SME borrowers. Another difference is that the prudential regulations
covering the CDR Mechanism and restructuring of advances extended to SMEs are more
detailed and comprehensive than that covering the restructuring of the rest of the advances
including the advances extended to the industrial units, outside CDR Mechanism. Further,
the CDR Mechanism is available only to the borrowers engaged in industrial activities.
9.2 Since the principles underlying the restructuring of all advances were identical,
the prudential regulations needed to be aligned in all cases. Accordingly, the prudential
norms across all categories of debt restructuring mechanisms, other than those restructured
on account of natural calamities which will continue to be covered by the extant guidelines
issued by the RPCD were harmonised in August 2008. These prudential norms applicable
to all restructurings including those under CDR Mechanism are laid down in para 11. The
details of the institutional / organizational framework for CDR Mechanism and SME Debt
Restructuring Mechanism are given in Annex-2.
It may be noted that while the general principles laid down in para 11 inter-alia stipulate that
'standard' advances should be re-classified as 'sub-standard' immediately on restructuring,
all borrowers, with the exception of the borrowal categories specified in para 14.1 below ( i.e
consumer and personal advances, advances classified as capital market and real estate
exposures), will be entitled to retain the asset classification upon restructuring, subject to
the conditions enumerated in para 14.2.
9.3 The CDR Mechanism (Annex 2) will also be available to the corporates
engaged in non-industrial activities, if they are otherwise eligible for restructuring as per the
criteria laid down for this purpose. Further, banks are also encouraged to strengthen the co-
ordination among themselves in the matter of restructuring of consortium / multiple banking
accounts, which are not covered under the CDR Mechanism.
The principles and prudential norms laid down in this paragraph are applicable to all
advances including the borrowers, who are eligible for special regulatory treatment for asset
classification as specified in para 14. In these cases, the provisions of paras 11.1.2, 11.2.1
and 11.2.2 would stand modified by the provisions in para 14.
11.1.1 Banks may restructure the accounts classified under 'standard', 'sub-
standard' and 'doubtful' categories.
11.1.3 Normally, restructuring can not take place unless alteration / changes
in the original loan agreement are made with the formal consent / application of the
debtor. However, the process of restructuring can be initiated by the bank in
deserving cases subject to customer agreeing to the terms and conditions.
11.1.4 No account will be taken up for restructuring by the banks unless the
financial viability is established and there is a reasonable certainty of repayment from
the borrower, as per the terms of restructuring package. The viability should be
determined by the banks 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. The accounts not considered viable should
not be restructured and banks should accelerate the recovery measures in respect of
such accounts. Any restructuring done without looking into cash flows of the borrower
and assessing the viability of the projects / activity financed by banks would be
treated as an attempt at ever greening a weak credit facility and would invite
supervisory concerns / action.
11.1.5 While the borrowers indulging in frauds and malfeasance will continue
to remain ineligible for restructuring, banks may review the reasons for classification
of the borrowers as wilful defaulters specially in old cases where the manner of
classification of a borrower as a wilful defaulter was not transparent and satisfy itself
that the borrower is in a position to rectify the wilful default. The restructuring of such
cases may be done with Board's approval, while for such accounts the restructuring
under the CDR Mechanism may be carried out with the approval of the Core Group
only.
11.1.6 BIFR cases are not eligible for restructuring without their express
approval. CDR Core Group in the case of advances restructured under CDR
Mechanism / the lead bank in the case of SME Debt Restructuring Mechanism and
the individual banks in other cases, may consider the proposals for restructuring in
such cases, after ensuring that all the formalities in seeking the approval from BIFR
are completed before implementing the package.
11.2 Asset classification norms
Subject to provisions of paragraphs 11.2.5, 12.2 and 13.2, interest income in respect of
restructured accounts classified as 'standard assets' will be recognized on accrual basis
and that in respect of the accounts classified as 'non-performing assets' will be recognized
on cash basis.
Banks will hold provision against the restructured advances as per the existing
provisioning norms.
For this purpose, the erosion in the fair value of the advance should be
computed as the difference between the fair value of the loan before and
after restructuring. Fair value of the loan before restructuring will be
computed as the present value of cash flows representing the interest at the
existing rate charged on the advance before restructuring and the principal,
discounted at a rate equal to the bank's BPLR as on the date of restructuring
plus the appropriate term premium and credit risk premium for the borrower
category on the date of restructuring. Fair value of the loan after restructuring
will be computed as the present value of cash flows representing the interest
at the rate charged on the advance on restructuring and the principal,
discounted at a rate equal to the bank's BPLR as on the date of restructuring
plus the appropriate term premium and credit risk premium for the borrower
category on the date of restructuring.
The above formula moderates the swing in the diminution of present value of
loans with the interest rate cycle and will have to follow consistently by banks
in future. Further, it is reiterated that the provisions required as above arise
due to the action of the banks resulting in change in contractual terms of the
loan upon restructuring which are in the nature of financial concessions.
These provisions are distinct from the provisions which are linked to the
asset classification of the account classified as NPA and reflect the
impairment due to deterioration in the credit quality of the loan. Thus, the two
types of the provisions are not substitute for each other.
(ii) In the case of working capital facilities, the diminution in the fair
value of the cash credit / overdraft component may be computed as indicated
in para (i) above, reckoning the higher of the outstanding amount or the limit
sanctioned as the principal amount and taking the tenor of the advance as
one year. The term premium in the discount factor would be as applicable for
one year. The fair value of the term loan components (Working Capital Term
Loan and Funded Interest Term Loan) would be computed as per actual
cash flows and taking the term premium in the discount factor as applicable
for the maturity of the respective term loan components.
(iii) In the event any security is taken in lieu of the diminution in the
fair value of the advance, it should be valued at Re.1/- till maturity of the
security. This will ensure that the effect of charging off the economic sacrifice
to the Profit & Loss account is not negated.
A part of the outstanding principal amount can be converted into debt or equity
instruments as part of restructuring. The debt / equity instruments so created will be
classified in the same asset classification category in which the restructured advance has
been classified. Further movement in the asset classification of these instruments would
also be determined based on the subsequent asset classification of the restructured
advance.
These instruments should be held under AFS and valued as per usual valuation norms.
Equity classified as standard asset should be valued either at market value, if quoted, or at
break-up value, if not quoted (without considering the revaluation reserve, if any,)which is to
be ascertained from the company's latest balance sheet. In case the latest balance sheet is
not available the shares are to be valued at Rs 1. Equity instrument classified as NPA
should be valued at market value, if quoted, and in case where equity is not quoted,it should
be valued at Rs. 1. Depreciation on these instruments should not be offset against the
appreciation in any other securities held under the AFS category.
13. Prudential Norms for Conversion of Unpaid Interest into 'Funded Interest Term
Loan' (FITL), Debt or Equity Instruments
The FITL / debt or equity instrument created by conversion of unpaid interest will be
classified in the same asset classification category in which the restructured advance has
been classified. Further movement in the asset classification of FITL / debt or equity
instruments would also be determined based on the subsequent asset classification of the
restructured advance.
Valuation and provisioning norms would be as per para 12.3 above. The depreciation, if
any, on valuation may be charged to the Sundry Liabilities (Interest Capitalisation) Account.
14.1 The special regulatory treatment for asset classification, in modification to the
provisions in this regard stipulated in para 11, will be available to the borrowers engaged in
important business activities, subject to compliance with certain conditions as enumerated
in para 14.2 below. Such treatment is not extended to the following categories of advances:
The asset classification of these three categories accounts as well as that of other accounts
which do not comply with the conditions enumerated in para 14.2, will be governed by the
prudential norms in this regard described in para 11 above.
(ii) Within 90 days from the date of receipt of application by the bank in
cases other than those restructured under the CDR Mechanism.
(ii) In modification to para 11.2.2, during the specified period, the asset
classification of the sub-standard / doubtful accounts will not deteriorate
upon restructuring, if satisfactory performance is demonstrated during
the specified period.
However, these benefits will be available subject to compliance with the following
conditions:
i) The dues to the bank are 'fully secured' as defined in Annex 3. The
condition of being fully secured by tangible security will not be applicable in the
following cases:
15. Miscellaneous
15.1 The banks should decide on the issue regarding convertibility (into equity)
option as a part of restructuring exercise whereby the banks / financial institutions shall
have the right to convert a portion of the restructured amount into equity, keeping in view
the statutory requirement under Section 19 of the Banking Regulation Act, 1949, (in the
case of banks) and relevant SEBI regulations.
15.5 Since the spillover effects of the global downturn had also started affecting
the Indian economy particularly from September 2008 onwards creating stress for the
otherwise viable units / activities, certain modifications were made in the guidelines on
restructuring as a onetime measure and for a limited period of time i.e. up to June 30, 2009.
These relaxations have ceased to operate from July 1, 2009; however the same have been
consolidated in Annex 6.
16. Disclosures
Banks should also disclose in their published annual Balance Sheets, under "Notes on
Accounts", information relating to number and amount of advances restructured, and the
amount of diminution in the fair value of the restructured advances in Annex-4. The
information would be required for advances restructured under CDR Mechanism, SME Debt
Restructuring Mechanism and other categories separately.
17. Illustrations
A few illustrations on the asset classification of restructured accounts are given in Annex-5.
18. We re-iterate that the basic objective of restructuring is to preserve economic value
of units, not evergreening of problem accounts. This can be achieved by banks and the
borrowers only by careful assessment of the viability, quick detection of weaknesses in
accounts and a time-bound implementation of restructuring packages.
Part C
Agricultural Debt Waiver and Debt Relief Scheme, 2008 - Prudential Norms on
Income Recognition, Asset Classification, Provisioning, and Capital Adequacy
20. Prudential Norms for the Borrowal Accounts Covered under the
Agricultural Debt Waiver and Debt Relief Scheme, 2008 (ADWDRS)
20.1.1 As regards the small and marginal farmers eligible for debt waiver, the
amount eligible for waiver, as defined in the Para 4 of the enclosure to the aforesaid
circular, pending receipt from the Government of India, may be transferred by the
banks to a separate account named "Amount receivable from Government of India
under Agricultural Debt Waiver Scheme 2008". The balance in this account should
be reflected in Schedule 9 (Advances) of the Balance sheet.
20.1.2 The balance in this account may be treated by the banks as a "performing"
asset, provided adequate provision is made for the loss in Present Value (PV) terms,
computed under the assumption that such payments would be received from
Government of India in the following installments :
However, the provision required under the current norms for standard assets, need
not be provided for in respect of the balance in this account.
20.1.3 The discount rate for arriving at the loss in PV terms as at para 20.1.2
above should be taken as 9.56 per cent, being the yield to maturity on 364-day
Government of India Treasury Bill, prevailing as on the date of the circular
DBOD.No.BP.BC.26/21.04.048/2008-09 dated July 30, 2008.
20.1.4 The prudential provisions held in respect of the NPA accounts for which the
debt waiver has been granted may be reckoned for meeting the provisions required
on PV basis.
20.1.5 In case, however, the amount of prudential provision held is more than the
amount of provision required on PV basis, such excess provision may be reversed in
a phased manner. This phased reversal may be effected in the proportion of 32%,
19%, 39%, and 10% during the years ended March 2009, 2010, 2011 and 2012,
respectively, only after the installments due from the Government, for the relative
years, have been received.
20.1.6 On receipt of the final instalment from the Government, the provision made
for loss in PV terms may be transferred to the General Reserves, below the line.
20.1.7 In case the claim of a farmer is specifically rejected at any stage, the asset
classification of the account should be determined with reference to the original date
of NPA (as if the account had not been treated as performing in the interregnum
based on the transfer of the loan balance to the aforesaid account) and suitable
provision should be made. The provision made on PV basis may also be reckoned
against the NPA-provisions required, consequent upon the account being treated as
NPA due to the rejection of the claim.
20.2.1 Under the scheme, in the case of 'other' farmers, the farmer will be given a
rebate of 25% of the "eligible amount", by the Government by credit to his account,
provided the farmer pays the balance of 75% of the 'eligible amount'. The Scheme
provides for payment of share of 75% by such farmers in three instalments and the
first two instalments shall be for an amount not less than one-third of the farmer's
share. The last dates of payment of the three instalments will be September 30,
2008; March 31, 2009 and June 30, 2009, respectively.
Asset Classification
20.2.2 Where the farmers covered under the Debt Relief Scheme have given the
undertaking, agreeing to pay their share under the OTS, their relevant accounts may
be treated by banks as "standard" / "performing" provided :
(a) adequate provision is made by the banks for the loss in PV terms for
all the receivables due from the borrowers as well as the
Government; and
(b) such farmers pay their share of the settlement within one month of
the due dates
However, no grace period is allowed for the last instalment and the entire share of
the farmer is payable by June 30, 2009
Provisioning
20.2.5 The prudential provisions held in respect of the NPA accounts, for which
the debt relief has been granted, may be reckoned for meeting the provisions
required on PV basis as well as for the standard assets (pursuant to classification of
these loans as standard) and shortfall, if any, may be provided for. Thus, the total
provisions held would comprise the provisions required on PV basis, provision for
standard assets and excess prudential provisions, if any, towards NPA.
(a) till the entire outstanding of the borrower stands repaid - at which
point, the entire amount could be reversed to the P/L account; or
(b) when the amount of such excess provision exceeds the amount
outstanding on account of the repayments by the borrower - at which
point, the amount of provision in excess of the outstanding amount
could be reversed to the P/L account.
20.2.8 Reversal of the Provisions made on PV Basis
The provision made on PV basis represents a permanent loss to the bank on
account of delayed receipt of cash flows and hence, should not be reversed to the
P/L Account. The amount of such provision should, therefore, be carried till the
account is finally settled and after receipt of the Government's contribution under the
Scheme, the amount should be reversed to the General Reserves, below the line.
20.3 Grant of Fresh Loans to the Borrowers covered under the ADWDRS
20.3.1 A small or marginal farmer will become eligible for fresh agricultural loans
upon the eligible amount being waived, in terms of para 7.2 of the enclosure to the
circular RPCD.No.PLFS.BC.72/05.04.02/2007-08 dated May 23, 2008. The fresh
loan may be treated as "performing asset", regardless of the asset classification of
the loan subjected to the Debt Waiver, and its subsequent asset classification
should be governed by the extant IRAC norms.
20.3.2 In case of "other farmers" eligible for fresh short-term production loans and
investment loans, as provided for in Para 7.6 and 7.7, respectively, of the enclosure
to the circular RPCD.No.PLFS.BC.72/05.04.02/2007-08 dated May 23, 2008, these
fresh loans may be treated as "performing assets", regardless of the asset
classification of the loan subjected to the Debt Relief, and its subsequent asset
classification should be governed by the extant IRAC norms.
The amount outstanding in the account styled as "Amount receivable from Government of
India under Agricultural Debt Waiver Scheme 2008" shall be treated as a claim on the
Government of India and would attract zero risk weight for the purpose of capital adequacy
norms. However, the amount outstanding in the accounts covered by the Debt Relief
Scheme shall be treated as a claim on the borrowers and risk weighted as per the extant
norms. This treatment would apply under the Basel I as well as Basel II Frameworks.
21.2 Change in instalment schedule of “other farmers” under the Debt Relief Scheme
The Government of India has subsequently decided to make the accounts of "other
farmers" eligible for a debt relief of 25% from Government of India, even if they pay their
entire share of 75% as one single instalment, provided the same is deposited by such
farmers till June 30, 2009. The banks will not charge any interest on the eligible amount till
June 30, 2009.
The Government of India has also advised that the banks / lending institutions are allowed
to receive even less than 75% of the eligible amount under OTS provided the banks /
lending institutions bear the difference themselves and do not claim the same either from
the Government or from the farmer. The Government will pay only 25% of the actual eligible
amount under debt relief.
Annex - 1
(Cf. para 4.2.13)
Relevant extract of the list of direct agricultural advances, from the Master Circular
on lending to priority sector - RPCD. No. Plan. BC. 9 /04.09.01/ 2008-09 dated July 1,
2008
DIRECT FINANCE
1.1 Finance to individual farmers [including Self Help Groups (SHGs) or Joint Liability
Groups (JLGs), i.e. groups of individual farmers, provided banks maintain
disaggregated data on such finance] for Agriculture
1.1.1 Short-term loans for raising crops, i.e. for crop loans. This will include traditional
/ non-traditional plantations and horticulture.
1.1.3 Working capital and term loans for financing production and investment
requirements for agriculture.
1.1.4 Loans to small and marginal farmers for purchase of land for agricultural
purposes.
1.1.6 Loans granted for pre-harvest and post-harvest activities such as spraying,
weeding, harvesting, grading, sorting, processing and transporting undertaken
by individuals, SHGs and cooperatives in rural areas.
1.2 Finance to others [such as corporates, partnership firms and institutions] for
Agriculture
1.2.1 Loans granted for pre-harvest and post harvest activities such as spraying,
weeding, harvesting, grading, sorting and transporting.
1.2.2 Finance up to an aggregate amount of Rs. one crore per borrower for the
purposes listed at 1.1.1, 1.1.2, 1.1.3 and 1.2.1 above.
1.2.3 One-third of loans in excess of Rs. one crore in aggregate per borrower for
agriculture.
Annex - 2
1.1 Objective
1.2 Scope
a) The borrowers enjoy credit facilities from more than one bank / FI under
multiple banking / syndication / consortium system of lending.
2.1 The CDR Standing Forum would be the representative general body of all
financial institutions and banks participating in CDR system. All financial
institutions and banks should participate in the system in their own interest.
CDR Standing Forum will be a selfempowered body, which will lay down
policies and guidelines, and monitor the progress of corporate debt
restructuring.
2.2 The Forum will also provide an official platform for both the creditors and
borrowers (by consultation) to amicably and collectively evolve policies and
guidelines for working out debt restructuring plans in the interests of all
concerned.
2.3 The CDR Standing Forum shall comprise of Chairman & Managing Director,
Industrial Development Bank of India Ltd; Chairman, State Bank of India;
Managing Director & CEO, ICICI Bank Limited; Chairman, Indian Banks'
Association as well as Chairmen and Managing Directors of all banks and
financial institutions participating as permanent members in the system. Since
institutions like Unit Trust of India, General Insurance Corporation, Life
Insurance Corporation may have assumed exposures on certain borrowers,
these institutions may participate in the CDR system. The Forum will elect its
Chairman for a period of one year and the principle of rotation will be followed
in the subsequent years. However, the Forum may decide to have a Working
Chairman as a whole-time officer to guide and carry out the decisions of the
CDR Standing Forum. The RBI would not be a member of the CDR Standing
Forum and Core Group. Its role will be confined to providing broad guidelines.
2.4 The CDR Standing Forum shall meet at least once every six months and would
review and monitor the progress of corporate debt restructuring system. The
Forum would also lay down the policies and guidelines including those relating
to the critical parameters for restructuring (for example, maximum period for a
unit to become viable under a restructuring package, minimum level of
promoters' sacrifice etc.) to be followed by the CDR Empowered Group and
CDR Cell for debt restructuring and would ensure their smooth functioning and
adherence to the prescribed time schedules for debt restructuring. It can also
review any individual decisions of the CDR Empowered Group and CDR Cell.
The CDR Standing Forum may also formulate guidelines for dispensing special
treatment to those cases, which are complicated and are likely to be delayed
beyond the time frame prescribed for processing.
2.5 A CDR Core Group will be carved out of the CDR Standing Forum to assist the
Standing Forum in convening the meetings and taking decisions relating to
policy, on behalf of the Standing Forum. The Core Group will consist of Chief
Executives of Industrial Development Bank of India Ltd., State Bank of India,
ICICI Bank Ltd, Bank of Baroda, Bank of India, Punjab National Bank, Indian
Banks' Association and Deputy Chairman of Indian Banks' Association
representing foreign banks in India.
2.6 The CDR Core Group would lay down the policies and guidelines to be
followed by the CDR Empowered Group and CDR Cell for debt restructuring.
These guidelines shall also suitably address the operational difficulties
experienced in the functioning of the CDR Empowered Group. The CDR Core
Group shall also prescribe the PERT chart for processing of cases referred to
the CDR system and decide on the modalities for enforcement of the time
frame. The CDR Core Group shall also lay down guidelines to ensure that
over-optimistic projections are not assumed while preparing / approving
restructuring proposals especially with regard to capacity utilization, price of
products, profit margin, demand, availability of raw materials, input-output ratio
and likely impact of imports / international cost competitiveness.
3.1 The individual cases of corporate debt restructuring shall be decided by the
CDR Empowered Group, consisting of ED level representatives of Industrial
Development Bank of India Ltd., ICICI Bank Ltd. and State Bank of India as
standing members, in addition to ED level representatives of financial
institutions and banks who have an exposure to the concerned company.
While the standing members will facilitate the conduct of the Group's meetings,
voting will be in proportion to the exposure of the creditors only. In order to
make the CDR Empowered Group effective and broad based and operate
efficiently and smoothly, it would have to be ensured that participating
institutions / banks approve a panel of senior officers to represent them in the
CDR Empowered Group and ensure that they depute officials only from among
the panel to attend the meetings of CDR Empowered Group. Further,
nominees who attend the meeting pertaining to one account should invariably
attend all the meetings pertaining to that account instead of deputing their
representatives.
3.3 The CDR Empowered Group will consider the preliminary report of all cases of
requests of restructuring, submitted to it by the CDR Cell. After the Empowered
Group decides that restructuring of the company is prima-facie feasible and the
enterprise is potentially viable in terms of the policies and guidelines evolved
by Standing Forum, the detailed restructuring package will be worked out by
the CDR Cell in conjunction with the Lead Institution. However, if the lead
institution faces difficulties in working out the detailed restructuring package,
the participating banks / financial institutions should decide upon the alternate
institution / bank which would work out the detailed restructuring package at
the first meeting of the Empowered Group when the preliminary report of the
CDR Cell comes up for consideration.
3.4 The CDR Empowered Group would be mandated to look into each case of
debt restructuring, examine the viability and rehabilitation potential of the
Company and approve the restructuring package within a specified time frame
of 90 days, or at best within 180 days of reference to the Empowered Group.
The CDR Empowered Group shall decide on the acceptable viability
benchmark levels on the following illustrative parameters, which may be
applied on a case-by-case basis, based on the merits of each case :
Gap between the Internal Rate of Return (IRR) and the Cost of Fund
*
(CoF),
* Extent of sacrifice.
3.5 The Board of each bank / FI should authorise its Chief Executive Officer (CEO)
and / or Executive Director (ED) to decide on the restructuring package in
respect of cases referred to the CDR system, with the requisite requirements
to meet the control needs. CDR Empowered Group will meet on two or three
occasions in respect of each borrowal account. This will provide an opportunity
to the participating members to seek proper authorisations from their CEO /
ED, in case of need, in respect of those cases where the critical parameters of
restructuring are beyond the authority delegated to him / her.
3.6 The decisions of the CDR Empowered Group shall be final. If restructuring of
debt is found to be viable and feasible and approved by the Empowered
Group, the company would be put on the restructuring mode. If restructuring is
not found viable, the creditors would then be free to take necessary steps for
immediate recovery of dues and / or liquidation or winding up of the company,
collectively or individually.
4 CDR Cell
4.1 The CDR Standing Forum and the CDR Empowered Group will be assisted by
a CDR Cell in all their functions. The CDR Cell will make the initial scrutiny of
the proposals received from borrowers / creditors, by calling for proposed
rehabilitation plan and other information and put up the matter before the CDR
Empowered Group, within one month to decide whether rehabilitation is prima
facie feasible. If found feasible, the CDR Cell will proceed to prepare detailed
Rehabilitation Plan with the help of creditors and, if necessary, experts to be
engaged from outside. If not found prima facie feasible, the creditors may start
action for recovery of their dues.
4.2 All references for corporate debt restructuring by creditors or borrowers will be
made to the CDR Cell. It shall be the responsibility of the lead institution /
major stakeholder to the corporate, to work out a preliminary restructuring plan
in consultation with other stakeholders and submit to the CDR Cell within one
month. The CDR Cell will prepare the restructuring plan in terms of the general
policies and guidelines approved by the CDR Standing Forum and place for
consideration of the Empowered Group within 30 days for decision. The
Empowered Group can approve or suggest modifications but ensure that a
final decision is taken within a total period of 90 days. However, for sufficient
reasons the period can be extended up to a maximum of 180 days from the
date of reference to the CDR Cell.
4.3 The CDR Standing Forum, the CDR Empowered Group and CDR Cell is at
present housed in Industrial Development Bank of India Ltd. However, it may
be shifted to another place if considered necessary, as may be decided by the
Standing Forum. The administrative and other costs shall be shared by all
financial institutions and banks. The sharing pattern shall be as determined by
the Standing Forum.
4.4 CDR Cell will have adequate members of staff deputed from banks and
financial institutions. The CDR Cell may also take outside professional help.
The cost in operating the CDR mechanism including CDR Cell will be met from
contribution of the financial institutions and banks in the Core Group at the rate
of Rs.50 lakh each and contribution from other institutions and banks at the
rate of Rs.5 lakh each.
5. Other features
5.1.1 The scheme will not apply to accounts involving only one financial
institution or one bank. The CDR mechanism will cover only multiple
banking accounts / syndication / consortium accounts of corporate
borrowers engaged in any type of activity with outstanding fund-based
and non-fund based exposure of Rs.10 crore and above by banks and
institutions.
5.1.4 The accounts where recovery suits have been filed by the creditors
against the company, may be eligible for consideration under the CDR
system provided, the initiative to resolve the case under the CDR
system is taken by at least 75% of the creditors (by value) and 60% of
creditors (by number).
5.1.5 BIFR cases are not eligible for restructuring under the CDR system.
However, large value BIFR cases may be eligible for restructuring under
the CDR system if specifically recommended by the CDR Core Group.
The Core Group shall recommend exceptional BIFR cases on a case-to-
case basis for consideration under the CDR system. It should be
ensured that the lending institutions complete all the formalities in
seeking the approval from BIFR before implementing the package.
5.2.2 Though flexibility is available whereby the creditors could either consider
restructuring outside the purview of the CDR system or even initiate
legal proceedings where warranted, banks / FIs should review all
eligible cases where the exposure of the financial system is more than
Rs.100 crore and decide about referring the case to CDR system or to
proceed under the new Securitisation and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 or to file a suit
in DRT etc.
5.5.1 As stated in para 5.5.1 a creditor (outside the minimum 75 per cent and
60 per cent) who for any internal reason does not wish to commit
additional finance will have an option. At the same time, in order to
avoid the "free rider" problem, it is necessary to provide some
disincentive to the creditor who wishes to exercise this option. Such
creditors can either (a) arrange for its share of additional finance to be
provided by a new or existing creditor, or (b) agree to the deferment of
the first year's interest due to it after the CDR package becomes
effective. The first year's deferred interest as mentioned above, without
compounding, will be payable along with the last instalment of the
principal due to the creditor.
5.5.2 In addition, the exit option will also be available to all lenders within the
minimum 75 percent and 60 percent provided the purchaser agrees to
abide by restructuring package approved by the Empowered Group.
The exiting lenders may be allowed to continue with their existing level
of exposure to the borrower provided they tie up with either the existing
lenders or fresh lenders taking up their share of additional finance.
5.5.3 The lenders who wish to exit from the package would have the option to
sell their existing share to either the existing lenders or fresh lenders, at
an appropriate price, which would be decided mutually between the
exiting lender and the taking over lender. The new lenders shall rank on
par with the existing lenders for repayment and servicing of the dues
since they have taken over the existing dues to the exiting lender.
5.5.4 In order to bring more flexibility in the exit option, One Time Settlement
can also be considered, wherever necessary, as a part of the
restructuring package. If an account with any creditor is subjected to
One Time Settlement (OTS) by a borrower before its reference to the
CDR mechanism, any fulfilled commitments under such OTS may not
be reversed under the restructured package. Further payment
commitments of the borrower arising out of such OTS may be factored
into the restructuring package.
5.6.1 There have been instances where the projects have been found to be
viable by the creditors but the accounts could not be taken up for
restructuring under the CDR system as they fell under 'doubtful'
category. Hence, a second category of CDR is introduced for cases
where the accounts have been classified as 'doubtful' in the books of
creditors, and if a minimum of 75% of creditors (by value) and 60%
creditors (by number) satisfy themselves of the viability of the account
and consent for such restructuring, subject to the following conditions :
(ii) All other norms under the CDR mechanism such as the standstill
clause, asset classification status during the pendency of
restructuring under CDR, etc., will continue to be applicable to this
category also.
5.6.2 No individual case should be referred to RBI. CDR Core Group may
take a final decision whether a particular case falls under the CDR
guidelines or it does not.
5.6.3 All the other features of the CDR system as applicable to the First
Category will also be applicable to cases restructured under the Second
Category.
Apart from CDR Mechanism, there exists a much simpler mechanism for
restructuring of loans availed by Small and Medium Enterprises (SMEs). Unlike in
the case of CDR Mechanism, the operational rules of the mechanism have been left
to be formulated by the banks concerned. This mechanism will be applicable to all
the borrowers which have funded and non-funded outstanding up to Rs.10 crore
under multiple /consortium banking arrangement. Major elements of this
arrangements are as under :
(i) Under this mechanism, banks may formulate, with the approval of their Board
of Directors, a debt restructuring scheme for SMEs within the prudential norms
laid down by RBI. Banks may frame different sets of policies for borrowers
belonging to different sectors within the SME if they so desire.
(ii) While framing the scheme, banks may ensure that the scheme is simple to
comprehend and will, at the minimum, include parameters indicated in these
guidelines.
(iii) The main plank of the scheme is that the bank with the maximum outstanding
may work out the restructuring package, along with the bank having the
second largest share.
(iv) Banks should work out the restructuring package and implement the same
within a maximum period of 90 days from date of receipt of requests.
(v) The SME Debt Restructuring Mechanism will be available to all borrowers
engaged in any type of activity.
(vi) Banks may review the progress in rehabilitation and restructuring of SMEs
accounts on a quarterly basis and keep the Board informed.
Annex - 3
Key Concepts
(i) Advances
The term 'Advances' will mean all kinds of credit facilities including cash credit,
overdrafts, term loans, bills discounted / purchased, factored receivables, etc. and
investments other than that in the nature of equity.
When the amounts due to a bank (present value of principal and interest receivable as
per restructured loan terms) are fully covered by the value of security, duly charged in
its favour in respect of those dues, the bank's dues are considered to be fully secured.
While assessing the realisable value of security, primary as well as collateral securities
would be reckoned, provided such securities are tangible securities and are not in
intangible form like guarantee etc., of the promoter / others. However, for this purpose
the bank guarantees, State Government Guarantees and Central Government
Guarantees will be treated on par with tangible security.
A restructured account is one where the bank, for economic or legal reasons relating to
the borrower's financial difficulty, grants to the borrower concessions that the bank
would not otherwise consider. Restructuring would normally involve modification of
terms of the advances / securities, which would generally include, among others,
alteration of repayment period / repayable amount/ the amount of instalments / rate of
interest (due to reasons other than competitive reasons). However, extension in
repayment tenor of a floating rate loan on reset of interest rate, so as to keep the EMI
unchanged provided it is applied to a class of accounts uniformly will not render the
account to be classified as ‘Restructured account’. In other words, extension or
deferment of EMIs to individual borrowers as against to an entire class, would render
the accounts to be classified as 'restructured accounts.
(v) Repeatedly Restructured Accounts
When a bank restructures an account a second (or more) time(s), the account will be
considered as a 'repeatedly restructured account'. However, if the second restructuring
takes place after the period upto which the concessions were extended under the terms
of the first restructuring, that account shall not be reckoned as a 'repeatedly
restructured account'.
(vi) SMEs
Specified Period means a period of one year from the date when the first payment of
interest or installment of principal falls due under the terms of restructuring package.
Satisfactory performance during the specified period means adherence to the following
conditions during that period.
In the case of non-agricultural cash credit accounts, the account should not be out of
order any time during the specified period, for a duration of more than 90 days. In
addition, there should not be any overdues at the end of the specified period.
In the case of non-agricultural term loan accounts, no payment should remain overdue
for a period of more than 90 days. In addition there should not be any overdues at the
end of the specified period.
In the case of agricultural accounts, at the end of the specified period the account
should be regular.
Annex - 4
Sacrifice
(diminution in
the fair value)
Doubtful No. of
advances Borrowers
restructured Amount
outstanding
Sacrifice
(diminution in
the fair value)
TOTAL No. of
Borrowers
Amount
outstanding
Sacrifice
(diminution in
Annex - 5
Assumed status of Eligible for Not eligible Eligible for Not eligible
the borrower special for special special for special
regulatory regulatory regulatory regulatory
treatment treatment treatment treatment
(b) AC after the Will migrate Will migrate to Will migrate Will migrate
specified one to 'Doubtful - 'Doubtful - one to 'Doubtful further to
year period, if one to three to three years' - more than 'Doubtful
the years' w.e.f. w.e.f. 31.03.09 three years' more than
unsatisfactory 30.04.09 and and 'Doubtful w.e.f. three years'
performance 'Doubtful more than 31.12.09 w.e.f.
continues more than three years' 31.12.09
three years' w.e.f.
w.e.f. 31.03.2011.
30.04.2011.
Annex-6
Special Regulatory Relaxations for Restructuring (Available upto June 30, 2009)
Since the spillover effects of the global downturn had also started affecting the Indian
economy particularly from September 2008 onwards creating stress for the otherwise viable
units / activities, certain modifications were made in the guidelines on restructuring i.e
RBI/2008-09/143 DBOD.No.BP.BC.No.37/21.04.132/2008-09 dated August 27, 2008 as a
onetime measure and for a limited period of time i.e. up to June 30, 2009 vide our circular
RBI/2008-09/311.DBOD.BP.BC.93/21.04.132/2008-09 dated December 8, 2008, RBI/2008-
09/340.DBOD.BP.BC.104/21.04.132/2008-09 dated January 2, 2009, RBI/2008-
09/370.DBOD.BP.BC.105/21.04.132/2008-09 dated February 4, 2009 and RBI/ 2008-09
/435 DBOD. No. BP. BC.No.124 /21.04.132 /2008-09 April 17, 2009. These circular will
cease to operate from July 1, 2009. These guidelines are as below:
i) In terms of para 6.1 of the circular RBI/ 2008-09 /143 .DBOD. No. BP.BC
.No.37/21.04.132 /2008-09 dated August 27, 2008, exposures to commercial real estate,
capital market exposures and personal / consumer loans are not eligible for the exceptional
regulatory treatment of retaining the asset classification of the restructured standard
accounts in standard category as given in para 6.2 of the circular. As the real estate sector
is facing difficulties, it has been decided to extend exceptions / special treatment to the
commercial real estate exposures which are restructured up to June 30, 2009.
(ii) In terms of para 6.2.2(vi) of the aforesaid circular, the special regulatory treatment is
restricted only to the cases where the restructuring under consideration is not a 'repeated
restructuring as defined in para (v) of Annex 2 to the circular. In the face of the current
economic downturn, there are likely to be instances of even viable units facing temporary
cash flow problems. To address this problem, it has been decided, as a one-time measure,
that the second restructuring done by banks of exposures (other than exposures to
commercial real estate, capital market exposures and personal / consumer loans) upto June
30, 2009, will also be eligible for exceptional / special regulatory treatment
(iii) All accounts covered under the circular dated December 8, 2008 which were standard
accounts on September 1, 2008 would be treated as standard accounts on restructuring
provided the restructuring is taken up on or before March 31, 2009 and the restructuring
package is put in place within a period of 120 days from the date of taking up the
restructuring package.
(iv) The period for implementing the restructuring package would stand extended from 90
days to 120 days in respect of accounts covered under the circular dated August 27, 2008
also.
(v) The value of security is relevant to determine the likely losses which a bank might
suffer on the exposure should the default take place. This aspect assumes greater
importance in the case of restructured loans. However, owing to the current downturn, the
full security cover for the WCTL created by conversion of the irregular portion of principal
dues over the drawing power, may not be available due to fall in the prices of security such
as inventories. In view of the extraordinary situation, this special regulatory treatment will
also be available to 'standard' and 'sub-standard accounts', covered under circulars dated
August 27, 2008 and December 8, 2008 even where full security cover for WCTL is not
available, subject to the condition that provisions are made against the unsecured portion of
the WCTL, as under :
* Sub-standard Assets : 20% during the first year and to be increased by 20%
every year thereafter until the specified period (one year after the first
payment is due under the terms of restructuring).
* If the account is not eligible for upgradation after the specified period, the
unsecured portion will attract provision of 100%.
These provisions would be in addition to the usual provisions as per the current regulation.
(vi) In this connection, we advise that in terms of Para 3.1.2 of the circular dated August
27, 2008, during the pendency of the application for restructuring of the advance, the usual
asset classification norms continue to apply. The process of reclassification of an asset
should not stop merely because the application is under consideration. However, as an
incentive for quick implementation of the package, if the approved package is implemented
by the bank as per the following time schedule, the asset classification status may be
restored to the position which existed when the reference was made to the CDR Cell in
respect of cases covered under the CDR Mechanism or when the restructuring application
was received by the bank in non-CDR cases :
(i) Within 120 days from the date of approval under the CDR Mechanism.
(ii) Within 90 days from the date of receipt of application by the bank in cases other
than those restructured under the CDR Mechanism.
(vii) It is further clarified that the cases where the accounts were standard as on
September 1, 2008 but slipped to NPA category before 31st March 2009, these can be
reported as standard as on March 31, 2009 only if the restructuring package is implemented
before 31st March 2009 and all conditions prescribed in para 6.2.2 of the circular dated
August 27, 2008 (as amended till date) are also complied with. All those accounts in case of
which the packages are in process or have been approved but are yet to be implemented
fully will have to be reported as NPA as on March 31, 2009 if they have turned NPA in the
normal course. However, in any regulatory reporting made by the bank after the date of
implementation of the package within the prescribed period, these accounts can be reported
as standard assets with retrospective effect from the date when the reference was made to
the CDR Cell in respect of cases covered under the CDR Mechanism or when the
restructuring application was received by the bank in non-CDR cases. In this regard, it may
be clarified that reporting with retrospective effect does not mean reopening the balance
sheet which is already finalised; what it means is that in all subsequent reporting, the
account will be reported as standard and any provisions made because of its interim
slippage to NPA can be reversed.
viii)The circular dated November 14, 2008 extend special regulatory treatment for asset
classification to seven projects (listed below) where the commencement of
production/operation had already been considerably delayed. The banks were advised that
they may undertake a fresh financial viability study of these projects in order to assess their
eligibility for restructuring. In case the projects are found eligible for restructuring and the
banks concerned chose to undertake their restructuring, it has been decided, as a one-time
measure, having regard to the current market developments, that the aforesaid seven
projects under implementation, upon restructuring as per our aforesaid circular dated
August 27, 2008, would be categorised in 'standard' category even if the account was NPA
at the time of such restructuring provided such restructuring package is implemented within
a period of six months from the date of this circular. All other extant norms relating to IRAC
and restructuring of advances remain unchanged. These seven projects are:
1) Nandi Economic Corridor Enterprises Ltd., (Road Project and Township)
2) GVK Industries Ltd., (Gas-based Power Project - Phase -II)
3) Gautami Power Ltd. (Gas-based Power Project)
4) Konaseema Gas Power Ltd., (Gas-based Power Project)
5) New Tirupur Area Development Corporation, (Development of Tirupur Area)
6) Vemagiri Power Generation Ltd., (Gas-based Power Project)
7) Delhi Gurgaon Super Connectivity Ltd.
(ix) In addition to the disclosures required in terms of our circular dated August 27, 2008,
banks may also disclose the information in the balance sheet as detailed below:
S. Amount (in
Disclosures Number
No Crore of Rs.)
Para No. of
Sl.
Circular No. Date Subject the MC
No.
39. 2.1.2(iv),
24.06.2004 Prudential Norms for
(v)
DBOD No. BP.BC
Agricultural Advances 4.2.10,
102/21.04.048/2003-04
4.2.13(i)
55. DBOD No. BP.BC. 128/ 07.06.2001 SSI Advances Guaranteed 5.9.5
21.04.048/2000-2001 by CGTSI – Riskweight
and provisioning norms
57. DBOD No. BP. BC. 98/ 30.03.2001 Treatment of Restructured Part B
21.04.048/ 2000-2001 Accounts
58. DBOD No. BP. BC. 40 / 30.10.2000 Income Recognition, Asset 3.5
21.04.048/ 2000-2001 Classification and
Provisioning Reporting of
NPAs to RBI