grp 13- banking
TRANSCRIPT
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Section ABC1
Group No. 13
Apoorv Gupta - 2009012
Chandama Dutta - 2009121
Mayank Jain - 2009128
Nilanjan Chakravarty - 2009134
Puneet Grover - 2009137
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The Corporate Debt Restructuring (CDR)Mechanism is a voluntary non-statutory systembased on Debtor-Creditor Agreement (DCA) and
Inter-Creditor Agreement (ICA) and the principleof approvals by super-majority of 75% creditors(by value) which makes it binding on theremaining 25% to fall in line with the majoritydecision.
CDR Mechanism covers only multiple bankingaccounts, syndication/consortium accounts,where all banks and institutions together havean outstanding aggregate exposure of Rs.200million and above.
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Reference to CDR Mechanism may be triggered
by:
Any or more of the creditors having minimum20% share in either working capital or term
finance, or
By the concerned corporate, if supported by
a bank/FI having minimum 20% share asabove.
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CDR Standing Forum
CDR Empowered Group
CDR Cell
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The highest level of CDR constituted by a
representative general body of financial
institutions participating under the CDR
mechanism.
Lays down policies and guidelines to be
followed by the CDR Empowered Group and
CDR Cell for debt restructuring and ensures
their smooth functioning.
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Assists the Standing Forum in convening
meetings and taking policy related decisions,
on behalf of the Forum.
Lays down policies and guidelines which areto be followed by the CDR Empowered Group
and CDR Cell for debt restructuring.
Also responsible for deciding on the
modalities for enforcement of the timeframe.
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The Boards of all institutions/banks authorizetheir Chief Executive Officers and/orExecutive Directors to decide on the
restructuring package in respect to casesreferred to the CDR system, with therequisite requirements, to meet the controlneeds.
Investigates individual cases of corporatedebt restructuring while examining therehabilitation potential of the company andaccordingly approve the restructuring thepackage within a time period of 90 days.
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The third tier of the CDR mechanism.
Assists the upper two entities in all their
functions. Scrutinizes the initial applications received
from borrowers/lenders.
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Allows businesses to gain control of its finances.
Can improve the credit score of a business
entity over a period of time, if restructuring isperformed properly.
With the intervention of third party financial
institutions, everything flows more smoothly
and the business owner is relieved of much ofthe stress of debt management.
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The first reaction of the creditors is to hold
all applications for new credit to ensure that
the borrower pays the existing obligations
regularly after the whole restructuring
process is enforced.
If the corporate house chooses to restructure
its debts and the information leaks out to
customers, they may assume that the
corporate houses are having problems with
their finances or that they are close to
bankruptcy.
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Banks/FIs suffer some losses, as the
discounting for loan takeouts after
finalisation of CDR package, is likely to be
high, especially as the assets are actuallyNon-Performing Assets(NPA).
Longer settlement period of CDR or delayed
payments affects the profitability of
banks/FIs. Sometimes diversion of short-term funds for
long-term uses reduces the Drawing Power of
the company.
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Policy coordination
Analysis of data to assess the dimensions of the debt
problem Consideration of reform of the legal and
institutional framework for enforcement of credit,particularly the corporate insolvency law
Government support to facilitate out-of-courtrestructurings
Potential innovations to facilitate voluntarystandstills
Careful assessment of the rationale for government
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Weaknesses in the banking sector could prolong
the restructuring of the corporate debt.
The incentives of the banks alone are not
sufficient to secure a speedy and efficient
restructuring of corporate debt.
Coordination failures and externalities may
inhibit progress.
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Government support for setting up specialized advisory andinvestment banking services to facilitate negotiations betweenbanks and corporations and minimize coordination problems
Offering tax and other financial incentives to banks (includingto AMCs, see below) to expedite out-of-court debtrestructuring
Using supervisory powers to require banks to disclose claims torelevant negotiating parties; lack of transparency couldotherwise delay outcomes of debt negotiations;
Ensuring strict enforcement of existing NPL classification and
other regulatory guidelines to strengthen the banks incentivesto participate in debt restructuring
Defining a clear and concise timetable for various stages of thedebt workout process. To achieve maximum participation fromboth sides and minimum disruption along the way, supervisorypenalties for non-compliance could be imposed.
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