Definition of
SMEs:
"At present
a Small Scale Industrial Unit is
an undertaking in which investment
in plant and machinery, does not
exceed Rs.1.00 crore, except in
respect of certain specified items
under hosiery, hand tools, drugs
and pharmaceuticals, stationery
items and sports goods, where this
investment limit has been enhanced
to Rs.5 crore. Units with investment
in plant and machinery in excess
of SSI limit and upto Rs.10.00
crores may be treated as Medium Enterprises
(ME)".
I.ELIGIBILITY
(A)
As per Scheme, the following entities
which are viable or potentially
viable are eligible for restructuring:
i. All
non-corporate SMEs irrespective of
the level of dues to banks.
ii. All
corporate SMEs, which are enjoying
banking facilities from a single
bank, irrespective of the level of
dues to the bank.
iii. All
corporate SMEs, which have funded
and non-funded outstanding up
to Rs.10 crore under multiple/ consortium
banking arrangement .
iv. In
respect of BIFR cases banks should
ensure completion of all formalities
in seeking approval from BIFR before
implementing the package.
(B)
Following accounts are not eligible for restructuring:
(i) Accounts
involving wilful default, fraud and
malfeasance.
(ii) Accounts
classified by banks as “Loss
Assets
In
terms of RBI's guidelines, the procedure
for identification of the wilful
defaulters has been made more transparent. While corporates
indulging in frauds and malfeasance will continue to remain ineligible for restructuring
under the Debt restructuring Mechanism for SMEs as hitherto, a review of the
reasons for classification of the borrower as wilful defaulter will be made
specially in old cases and satisfy that the borrower is in a position to
rectify the wilful default provided he is granted an opportunity under the Debt
Restructuring Mechanism for SMEs. Such
exceptional cases be admitted for restructuring with the approval of the Board
of Directors of the Banks only. The
Banks may ensure that cases involving
frauds or diversion of funds with malafide
intent are not covered.
Accounts
involving fraud and malfeasance will continue to
remain ineligible for restructuring under these guidelines.
II. VIABILITY
The
viability of the units will be assessed
as per Bank’s existing financial benchmark levels, in order to make the unit
viable in 7 years and the repayment period for restructured debt not to
exceed 10 years.
The existing benchmark levels are :
Key Ratios |
Permitted level |
Current Ratio |
1.33(without
inclusion of maturing liabilities within 12 months under CL) |
| |
1.20 (inclusion of
maturing liabilities under CL) |
Debt Equity |
(1) 3:1 for Term loan upto Rs 10 lakhs
(2) 2:1 for other Term Loans |
TNW : TOL |
1:3 |
DSCR |
1 : 1.5 to 2 |
Int servicing ratio |
1: 1.5 to 2 |
Security coverage |
a) 1 to 1.25 times of advance value for WC limits
b) 1.2 to 1.33 times for Term Loans |
III. TIME
FRAME FOR RESTRUCTURING
Maximum
period of 60 days from date of receipt
of requests with requisite details to
work out restructuring package and
implement the same.
IV. PRUDENTIAL NORMS FOR
RESTRUCTURED ACCOUNTS
i)
Treatment of ‘standard’ accounts
subjected to restructuring
a)
Rescheduling of the instalments of
principal alone, would not cause
a standard asset to be classified
in the sub-standard category, provided
the borrower’s
outstanding is fully covered by tangible
security. However, the
condition of tangible security may not be made applicable in cases where the
outstanding is up to Rs.5 lakh, since the collateral requirement for loans up
to Rs 5 lakh has been dispensed with for SSI / tiny sector.
b)
Rescheduling of interest element
would not cause an asset to be downgraded
to sub-standard category subject
to the condition that the amount
of sacrifice, if any, in the element
of interest, measured in present
value terms, is either written off
or provision is made to the extent
of the sacrifice involved.
c)
In case there is a sacrifice involved
in the amount of interest in present
value terms, as at (b) above, the
amount of sacrifice should either
be written off or provision made
to the extent of the sacrifice involved.
ii) Treatment of ‘sub-standard’ / ‘doubtful’
accounts subjected to restructuring
a)
Rescheduling of the instalments of
principal alone, would render a
‘sub-standard’ /
‘doubtful’ asset eligible to continue in the ‘sub-standard’ / ‘doubtful’ category for the
specified period ( as defined in paragraph VI below), provided the
borrower’s outstanding is fully
covered by tangible security. However, the condition of
tangible security may not be made
applicable in cases where the outstanding
is up to Rs.5 lakh, since the collateral
requirement for loans up to Rs 5 lakh
has been dispensed with for SSI / tiny sector.
b)
Rescheduling of interest element
would render a sub-standard / ‘doubtful’ asset
eligible to be continued to be classified in sub-standard /
‘doubtful’ category for
the specified period subject to the
condition that the amount of sacrifice,
if any, in the element of interest,
measured in present value terms, is
either written off or provision is
made to the extent of the sacrifice
involved.
c) Even in cases where the sacrifice is by way
of write off of the past interest dues, the asset should continue to be treated
as sub-standard / ‘doubtful’.
iii)
Treatment of Provision
a)
Provision made towards interest sacrifice
should be created by debit to Profit & Loss account and held in a distinct account. For this purpose,
the future interest due as per the current BPLR in
respect of an account should be discounted
to the present value at a rate appropriate
to the risk category of the borrower
(i.e., current PLR + the appropriate
term premium and credit risk premium
for the borrower-category) and compared
with the present value of the dues
expected to be received under the restructuring
package, discounted on the same basis.
b) Sacrifice to be re-computed on each balance sheet date till
satisfactory completion of all repayment obligations and full repayment of the
outstanding in the account, so as to capture the changes in the fair value on
account of changes in BPLR, term premium and the credit category of the
borrower. Consequently, banks may provide for the shortfall in provision or
reverse the amount of excess provision held in the distinct account.
c)
The amount of provision made for NPA,
to be reversed when the account is
re-classified as a ‘standard
asset’
V. ADDITIONAL
FINANCE:
Additional
finance, if any, may be treated as ‘standard asset’ in
all accounts viz; standard, sub-standard,
and doubtful accounts, up to a period
of one year after the date when first
payment of interest or of principal,
whichever is earlier, falls due under
the approved restructuring package.
If the restructured
asset does not qualify for upgradation at the end of the above period,
additional finance shall be placed in the same asset classification category as
the restructured debt.
VI . UPGRADATION OF
RESTRUCTURED ACCOUNTS
The
sub-standard / doubtful accounts
at para IV (ii) (a)
& (b) above, which have been
subjected to restructuring, whether
in respect of principal instalment
or interest, by whatever modality,
would be eligible to be upgraded to
the standard category after the specified
period, i.e., a period of one year
after the date when first payment of
interest or of principal, whichever
is earlier, falls due under the rescheduled
terms, subject to satisfactory performance
during the period.
VII. ASSET
CLASSIFICATION STATUS
During
the specified one-year period, the
asset classification status of rescheduled
accounts will not deteriorate if
satisfactory performance of the account
is demonstrated during the period.
In case, however, the satisfactory
performance during the one year period
is not evidenced, the asset classification
of the restructured account would
be governed as per the applicable
prudential norms with reference to
the pre-restructuring payment schedule.
The asset classification would be
bank-specific based on record of
recovery of each bank, as per the
existing prudential norms applicable
to banks.
VIII. REPEATED
RESTRUCTURING:
The special
dispensation for asset classification as available in terms of paragraphs IV,V
and VI above, shall be available only when the account is restructured for the
first time.
IX. PROCEDURE:
a. The restructing would follow a receipt of a request to that effect from
the borrowing units with requisite details .
b. In
case of eligible SMEs which
are under consortium/multiple
banking arrangements, the bank
with the maximum outstanding
may, work out the restructuring
package, along with the
bank having the secong largest
share.
X. OPERATIONAL ASPECTS:
Restructuring
should be done by way of rephasement
of term loans, blocking of working
capital with a repayment schedule,
sanction of adddtional finance. Period
of rephasement and quantum of blocking/
additonal finance to be determined
based on cash flow
& genuine credit needs on a case
to case basis by the sanctioning authority.