Page 35 - Banking Finance May 2019 N
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ARTICLE

                                                              when default is for a period of 61 -90 days, the committee
                                                              should be approached by the branch with an application.
                                                              Besides the bank, any eligible MSME shall also approach the
                                                              Committee along with an application and a Liability
                                                              Statement to seek a revival package. The application is
                                                              admitted by the committee if all the relevant particulars are
                                                              submitted in affidavit.

                                                              After the receipt of the application, the committee sends a
                                                              notice to all creditors to confirm their dues. Then the
                                                              committee prepares Corrective Action Plan (CAP) exploring
                                                              one of the options namely, Rectification, Restructuring and
                                                              Recovery. The CAP also involves concessions to be granted
                                                              as a part of restructuring along with terms and conditions.
         make a project financially viable in the near future provided  Once the CAP is sanctioned by the creditors with super
         the project is technically, commercially & managerially  majority, two agreements are signed namely, Debtor -
         viable and the borrower continues to be honest &     Creditor agreement (DCA) and Inter Creditors Agreement.
         cooperative.
                                                              Since the Framework is well drafted, it is hoped sick MSMES
         For this purpose, the project deserves certain concessions  will be revived soon. Wherever the above discussed do not
         from banks in the form of reduction in the rate of interest,  yield any better results in loan recovery, we have to go in
         rephasement of unpaid loan instalments, additional finance  for loan compromise which means agreeing to a borrower's
         to be provided though it is non-performing asset (NPA),  request of accepting a part of outstanding dues in the books
         reducing promoter's contribution, financing of cash losses  of the bank as full and final payment or allowing for the non-
         until the project breaks even etc. Thus, certain changes are  compliance of certain terms of the loan, after analyzing the
         needed in the original loan agreement as part of debt  alternative courses of action, genuineness and capacity of
         restructuring. Debt restructuring is done as per the RBI  the MSME borrower to repay.
         guidelines issued in 2005. In restructuring of MSMEs,
         commercial banks have been able to turn around the   Each bank should have a Board approved Loan Compromise
         stressed projects of MSMEs and make a good loan recovery  policy. The Branch manager has to prepare a process note
         from them.                                           in the light of the compromise policy. Loan compromise
                                                              should be considered as a last resort.  During the recent
         For sick MSMEs rehabilitation support would help in loan  past, banks have been able make sufficient recovery through
         recovery. To elaborate, in March 2016, the Government in  compromise. But care should be taken to ensure that this
         consultation with the RBI, introduced a Framework on  shall not throw a wrong signal to good/ regular borrowers.
         Revival and Rehabilitation of MSMEs, which provides an
         institutionalized framework for revival and rehabilitation of  The last option in respect of  non  legal measures is available
         sick MSME enterprises which are potentially viable, but they  is loan write off. For write-off, various factors are considered
         are under temporary difficulties.  The Framework provides  which include: means or capacity of the borrower and
         for a well structured mechanism which could be triggered  guarantor, the amount to be written off, efforts already put
         either by the banker or by the entrepreneur at the first signs  in for recovery and staff accountability. The write-off is an
         of stress.                                           internal exercise and the branch staff should keep the matter
                                                              confidential. Even after write-off, the recovery efforts should
         Each bank has to set up a committee consisting of Regional/  continue for which banks have cash incentive scheme for
         Zonal Head, Officer in - charge of Credit Dept in controlling  their staff.
         office, a practicing chartered accountant and a
         representative of District Industry centre   (DIC). As soon as  If there are chances of loan recovery through legal action,
         an advance becomes a Special mention Account (SMA) -2  we have first recall advances for which a recall notice should


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