RBI comes out with a resolution framework for the Resolution of Covid-19 related stress of Micro, Small and Medium Enterprises (MSMEs)

GG News Bureau
New Delhi, 5May. Reserve Bank of India (RBI) in a letter written to all Commercial Banks (including Small Finance Banks, Local Area Banks, and Regional Rural Banks), all Primary (Urban) Co-operative Banks/State Co-operative Banks/ District Central Co-operative Banks, all All-India Financial Institutions, all Non-Banking Financial Companies (including Housing Finance Companies) with an intention to provide relief to the borrowers classified under micro, small or medium enterprise as on March 31, 2021, in terms of the Gazette Notification S.O. 2119 (E) dated June 26, 2020 has decided to extend the above facility for restructuring existing loans without a downgrade in the asset classification subject to the conditions.
The RBI stated that the borrower should be classified as a micro, small or medium enterprise as ON March 31, 2021, in terms of the Gazette Notification S.O. 2119 (E) dated June 26, 2020.
The borrowing entity is GST-registered on the date of implementation of the restructuring. However, this condition will not apply to MSMEs that are exempt from GST registration. This shall be determined based on the exemption limit obtaining as on March 31, 2021.
The aggregate exposure, including non-fund-based facilities, of all lending institutions to the borrower does not exceed ₹25 crore as on March 31, 2021. The borrower’s account was a ‘standard asset’ as on March 31, 2021.
The borrower’s account was not restructured in terms of the circulars DOR.No.BP.BC/4/21.04.048/2020-21 dated August 6, 2020; DOR.No.BP.BC.34/21.04.048/2019-20 dated February 11, 2020; or DBR.No.BP.BC.18/21.04.048/2018-19 dated January 1, 2019 (collectively referred to as MSME restructuring circulars). The restructuring of the borrower account is invoked by September 30, 2021. For this purpose, the restructuring shall be treated as invoked when the lending institution and the borrower agree to proceed with the efforts towards finalising a restructuring plan to be implemented in respect of such borrower. The decisions on applications received by the lending institutions from their customers for invoking restructuring under this facility shall be communicated in writing to the applicant by the lending institutions within 30 days of receipt of such applications. The decision to invoke the restructuring under this facility shall be taken by each lending institution having exposure to a borrower independent of invocation decisions taken by other lending institutions, if any, having exposure to the same borrower. The restructuring of the borrower account is implemented within 90 days from the date of invocation.
If the borrower is not registered in the Udyam Registration portal, such registration shall be required to be completed before the date of implementation of the restructuring plan for the plan to be treated as implemented.
Upon implementation of the restructuring plan, the lending institutions shall keep the provision of 10 percent of the residual debt of the borrower. It is reiterated that lending institutions shall put in place a Board approved policy on the restructuring of MSME advances under these instructions at the earliest, and in any case not later than a month from the date of this circular. All other instructions specified in the circular DOR.No.BP.BC/4/21.04.048/2020-21 dated August 6, 2020 shall remain applicable.
In respect of restructuring plans implemented as per Clause 2 above, asset classification of borrowers classified as standard may be retained as such, whereas the accounts which may have slipped into NPA category between April 1, 2021 and date of implementation may be upgraded as ‘standard asset’, as on the date of implementation of the restructuring plan.
In respect of accounts of borrowers which were restructured in terms of the MSME restructuring circulars, lending institutions are permitted, as a one-time measure, to review the working capital sanctioned limits and/or drawing power based on a reassessment of the working capital cycle, reduction of margins, etc. without the same being treated as restructuring. The decision about the above shall be taken by lending institutions by September 30, 2021.
The reassessed sanctioned limit/drawing power shall be subject to review by the lending institution at least on a half-yearly basis and the renewal/reassessment at least on an annual basis. The annual renewal/reassessment shall be expected to suitably modulate the limits as per the then-prevailing business conditions.
The above measures shall be contingent on the lending institutions satisfying themselves that the same is necessitated on account of the economic fallout from Covid-19. Further, accounts provided relief under these instructions shall be subject to subsequent supervisory review about their justifiability on account of the economic fallout from the Covid-19 pandemic.