grp 13- banking

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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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