Tightening noose over wilful defaulters, the Securities and Exchange Board of India (Sebi) may soon issue guidelines to deal with them, given that there are no restrictions at present on such entities raising funds from the capital market.
An entity is declared a wilful defaulter by a lender if it defaults on loan repayments despite having the capacity to repay. Also, entities that use the loan amount for purposes other than specified ones could be declared wilful defaulters. The market regulator might deem wilful defaulters not ‘fit and proper’ from the perspective of accessing capital markets. The new framework will be applicable to those approaching the capital market for raising funds for the first time, as well as the listed companies and entities associated with it.
Recently, Reserve Bank of India (RBI) too has clarified that in cases where guarantees furnished by the companies within the group on behalf of the wilfully defaulting units are not honoured then such group companies should also be reckoned as wilful defaulters. The apex bank has said that banks can name company management as wilful defaulters. Similarly, group companies of a defaulting company can also be termed as wilful defaulters. According to the new clarification, guarantors who refuse to pay will also be treated as defaulters. The central bank had however clarified that these norms would be applicable only prospectively.
Sebi and the RBI are also planning increased coordination to ensure wilful defaulters are kept away from financial markets. Currently RBI shares data on wilful defaulters with Sebi, credit rating agencies and Credit Information Bureau of India on a quarterly basis and Sebi acts against those towards whom adverse orders are passed by other regulatory authorities.
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