The Indian banking sector is going through the rough patch due to corporate distress and slowdown in economy. In an effort to revive economy the Reserve Bank of India (RBI) has introduced many schemes like Corporate Debt Restructuring (CDR), Joint Lenders Forum (JLF). In continuance of its effort in same direction, RBI in its “Framework for Revitalising Distressed Assets in the Economy – Guidelines on Joint Lenders’ Forum (JLF) and Corrective Action Plan (CAP)” has suggested the change in management of the restructured stressed assets via Strategic Debt Restructuring Scheme.
Strategic Debt Restructuring Scheme
Strategic Debt Restructuring was introduced by RBI in June, 2015 to enable banks recover their bad loan by taking the management control of the distressed companies. The scheme has been introduced to revive the distressed companies which fail to achieve the milestones under Corporate Debt Restructuring by changing the management of the company.
JLF/Corporate Debt Restructuring Cell (CDR) may consider the following options when a loan is restructured:
- Possibility of transferring equity of the company by promoters to the lenders to compensate for their sacrifices
- Promoters infusing more equity into their companies
- Transfer of the promoters’ holdings to a security trustee or an escrow arrangement till turnaround of company. This will enable a change in management control, should lenders favour it.
Other Provisions of Scheme
- The scheme is not applicable only to single lender.
- Such a mandate will result in the lenders acquiring a majority (51%) ownership.
- If the company fails to achieve the milestones stipulated in the restructuring package, the decision of invoking the SDR must be taken by the JLF within thirty (30) days of the review of the account during the restructuring
- The JLF must approve the debt to equity conversion under the Scheme within ninety (90) days of deciding to invoke the SDR
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