How Insolvency and Bankruptcy Code (IBC) could benefit banks?

The Insolvency and Bankruptcy Code (IBC) 2016 is the bankruptcy law of India, amended as Insolvency and bankruptcy code (amendment) Bill 2017. The new law seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy. The mounting NPAs in the banking sector and other financial institutions have crippled lending activities…

NeSL: A repository of legal evidence holding the information pertaining to any debt/claim

National E-Governance Services Limited (“NeSL”) is a Union government company and is governed by the provisions of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. It is appointed by the Insolvency and Bankruptcy Board of India (“IBBI”) as an Information Utility (“IU”). As a regulated…

IBC ordinance: Now home buyers are on par with banks in the resolution process

The ordinance passed by Government of India on Wednesday (June 06, 2018) to Insolvency and Bankruptcy Code (IBC) treats home buyers in ailing real estate companies on par with banks in the resolution process. The new IBC ordinance tags the buyers of home buyers with financial creditors which empowers even a single home buyer to…

Understanding Credit Default, Stressed Assets, and Non-Performing Assets (NPAs)

Credit Default, Stressed Assets, and Non-Performing Assets (NPAs) are interrelated concepts within the domain of credit risk management. While often used interchangeably, each term has a distinct meaning and relevance in assessing the financial health of lending institutions and borrowers. Credit DefaultCredit default refers to the failure of a borrower to fulfill the repayment obligations…

Restructuring, Rehabilitation, and Recovery of Loans: A Comprehensive Overview

Introduction Loan restructuring, rehabilitation, and recovery are critical components of credit risk management within the banking and financial services sector. These processes aim to support borrowers experiencing financial distress, preserve the economic value of assets, and ensure the stability of the financial system. This article provides an in-depth overview of the mechanisms and regulatory frameworks…

Distinction Between Internal and External Credit Ratings in Risk Assessment

Introduction Credit ratings play a pivotal role in the effective assessment and management of credit risk within the financial system. These ratings may originate from external independent agencies or be internally developed by financial institutions. While both internal and external ratings serve the purpose of evaluating creditworthiness, they differ significantly in terms of their source,…

Regulatory Guidelines on Credit Risk Management and Credit Information Systems

IntroductionThe Reserve Bank of India (RBI) has issued comprehensive guidelines on credit risk management with a specific emphasis on the development and utilization of Credit Information Systems. These guidelines are intended to strengthen the credit appraisal and monitoring mechanisms of financial institutions, reduce the incidence of Non-Performing Assets (NPAs), and promote a prudent and resilient…

What is NCLT?

The National Company Law Tribunal (NCLT) is the adjudicating authority (quasi-judicial authority) for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016.    Previously, there were four different legal forums viz. High Courts, Company Law Boards, Board for Industrial and Financial Reconstruction (BIFR), and Debt Recovery Tribunal (DRT)…