Page 37 - Banking Finance May 2023
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ARTICLE


          Corporate Insolvency Resolution Process (CIRP):
          Since the inception of the Insolvency and Bankruptcy Code
          (IBC) in December 2016, 5,893 CIRPs had commenced by
          end-September 2022, of which 67 per cent have been closed.
          Of these, around 21 per cent were closed on appeal or
          review or settled, 19 per cent were withdrawn, 46 per cent
          ended in orders for liquidation and 14 per cent culminated
          in approval of resolution plans). Till September 30, 2022, 553
          CIRPs have ended in resolution. Where the processes were
          initiated under section 7 of the Code, realisation by financial
          creditors  (FCs) under resolution plans in comparison to
          liquidation value was 201 per cent while the realisation by
          them was 33 per cent of their claims. 46 per cent of the
          closed CIRPs yielded orders for liquidation, as compared to  reducing regulatory costs, driving digitalisation, improving
          14 per cent ending up with a resolution plan.       customer protection and access to finance. Regulators
                                                              remain alert to the rapidly changing financial ecosystem
          However, more than 76 per cent of the CIRPs ending in  with a view  to enhancing its efficiency and ensuring its
          liquidation (1349 out of 1774 for which data are available)  soundness and stability. The right policy trade-offs, in
          were earlier with  the Board for Industrial and Financial  emerging markets like India, is the need of hour and the
          Reconstruction (BIFR) and/ or are defunct. The economic  central bank when designing regulation and supervision for
          value of most of the corporate debtors that ended in  the banking sector must address all tough challenges to
          liquidation had almost completely eroded even before they  ensure a sustainable growth.
          were admitted into CIRP. These CDs had assets,  on an
          average, valued at less than 8 per cent of the outstanding  There is evidence that the economic reforms undertaken
          debt amount.53 per cent of CIRPs initiated by operational  since 2008 have provided many wide-spread benefits. This
          creditors  (OCs)  were  closed  on  appeal,  review,  or  includes macroeconomic benefits that have resulted in more
          withdrawal. Such closures accounted for about 72 per cent  stable economic growth and restrained inflation. It also
          of all closures by appeal, review, or withdrawal. There is a  includes microeconomic benefits that have resulted in a
          need for more prompt action through identification and filing  greater amount of choice for consumers, lower prices and
          of accounts so that resolution process may result in sufficient  improved quality of services. Every reform brings visible
          value for the stakeholders.                         changes in the sectors for which it is targeted but such an
                                                              impact cannot be isolated only to that segment of economy.
          Conclusion
          Financial sector regulation involves continuous assessment  No matter how relevant the present policies of a bank are,
          of risks with pro-active policy responses. In the current  we must study the possible impact of such reforms on our
          challenging global environment, regulatory efforts are  working to ensure continuous improvement. The disguised
          focused on addressing vulnerabilities in non-bank financial  impact of economic reform needs to be recognized and
          intermediation and core segments of financial markets.  arrangements to assist transition can be an important part
          Protecting the financial system from the ill effects of climate  of policy design. A reform is always for betterment of
          risk is a major policy  goal for regulators. The increasing  prevailing conditions, and we have to be adaptive to such
          threat of cyber risk is another key focus area for regulators,  changes so that banks remain in good shape in the marathon
          given its potential to increase vulnerabilities at institutional  of economic development and the public money is safely and
          and system levels. Domestically, the goal is to safeguard the  profitably deployed.
          domestic financial system from internal and external shocks
          while protecting customers and preserving financial stability. Reference:
                                                              1.  Financial Stability Report, December 2022, RBI
          In this context, regulatory measures are aimed at improving  2.  www.bis.org/bcbs
          the resilience of financial intermediaries, easing compliance,  3.  University of Maryland CISSM Cyber Attacks Database.

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