Magazine

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…

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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…

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Do you know the meaning of ‘Non-Cooperative Borrowers’?

The definition of Non-Cooperative Borrowers is originally defined in RBI circular dated 26.02.2014 on ‘Frame work for Revitalizing Distressed Assets in the Economy-Guidelines on Joint Lenders’ Forum (JLF) and Corrective Action Plan (CAP). The definition of a Non-Cooperative Borrower as contained therein is modified by RBI on December 22,2014, which reads as under: “A non-cooperative…

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Guidelines for Ethical Engagement of Direct Recovery Agents by Banks and Financial Institutions

IntroductionThe engagement of direct recovery agents by banks and financial institutions necessitates a careful balance between effective debt recovery and the protection of borrowers’ rights. To ensure that recovery practices remain fair, transparent, and respectful, institutions must adhere to regulatory guidelines and ethical standards. Key Considerations in Engaging Recovery Agents 1. Due Diligence Prior to…

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Debt recovery through DRT proceedings

The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions. At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals…

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Leveraging Lok Adalats for Pre-Litigation Debt Recovery

LOK ADALAT have statutory status under the Legal Services Authorities Act, 1987 and have powers similar to those vested in a civil court. All awards are binding on all parties and can not be appealed. According to RBI guidelines, banks can use cases with a monetary value between ₹5 lakhs and ₹20 lakhs to Lok…

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