A joint study carried out by the Associated Chambers of Commerce & Industry of India (Assocham) and rating agency, Crisil, has stated that the successful implementation of Insolvency and Bankruptcy Code can potentially release about Rs 25,000 crore capital over next 4-5 years currently locked in bad loans. The study highlighted that the code if implemented successfully will help India’s banking sector to catch up with or even exceeds the recovery rates of 32% and average time taken of 2.8 years in other emerging markets. It said that the released capital can be deployed for other productive lending, which in turn could help in credit expansion.
The Assocham-Crisil study titled ‘Insolvency and Bankruptcy Code 2016: A game changer’ noted that the Reserve Bank of India (RBI) has already tightened norms for wilful defaulters, which, together with implementation of the code, will enhance recoveries from such borrowers and improve overall credit discipline as this code will also contain slippages into NPAs by spawning better credit discipline. Though it added considering that institutionalising the code will be a long-drawn affair, it may not provide any material capital relief to banks over short term.
The study also said that this legislation could improve recovery rate of asset reconstruction companies (ARCs) which has been low at an average of 36%, with resolution taking about five years, more so as timely recovery remains key to long-term sustainability of ARCs. It added that the new code along with 100% foreign direct investment (FDI) in ARCs through the automation route is expected to boost capital flows. The joint study highlighted that with the implementation of the code, India’s position in World Bank’s ease of doing business ranking will improve, attracting more foreign investors.
The insolvency and Bankruptcy Code, 2016, seeks to consolidate and amend laws relating to reorganisation as well as insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner. Over a period of time, the code will help promote entrepreneurship and increase the role of professionals from various fields such as law, accountancy and finance.
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