CCI approves acquisition of equity in Continuum Green Energy by Chubu Electric Power (See 'Corp Brief') IPR - Goodwill of partnership is partnership asset, and only partners have right to property of firm subject to contract: HC (See 'Legal Desk') CCI nod for acquisition of majority shares in Volkswagen subsidiary by Bain Capital Investors (See 'Corp Brief') CCI fine with acquisition of 100% shareholding of FMC India by Crystal Crop Protection (See 'Corp Brief') IPR - Cable operator's licence did not extend to hotel's commercial use, as definition of subscriber under Cable Television Networks (Regulation) Act prohibits further transmission to any other person: HC (See 'Legal Desk') CCI okays acquisition of equity in IndiaFirst Life Insurance by BNP Paribas (See 'Corp Brief') HD Kumaraswamy launches Impact Report of MHI Industry Accelerator (See 'Corp Brief') A&C - Orders where Courts of Record refrain from exercising contempt jurisdiction are not appealable under Section 19 of CC Act: HC (See 'Legal Desk') NIFT Students make a Mark at WorldSkills Shanghai 2026 with Two Silver Medals (See 'Corp Brief') UIDAI unveils 5 new initiatives at Aadhaar Samvaad Kolkata (See 'Corp Brief') Ministry of Tribal Affairs and IGNCA sign MoU for Promotion of Tribal Cultural Heritage (See 'Corp Brief') IBC - Regulatory fee introduced by Insolvency and Bankruptcy Board of India with effect from Oct 01, 2022, is neither ultra vires IBC nor violative to Art 14 of Constitution: HC (See 'Legal Desk') Shekhawat felicitates 20 Award-Winning Artists at National Exhibition of Arts (See 'Corp Brief') CAQM approves revised GRAP Schedule; Tightens Measures for Vehicles (See 'Corp Brief') Civil Aviation Minister curtain-raises Routes Asia (See 'Corp Brief') IPR - If websites prima facie bear hallmarks of rogue websites and are predominantly engaged in facilitating copyright infringement, court can grant ad-interim blocking and anti-infringement relief against them: HC (See 'Legal Desk') Govt hands over first PRAMAAN certificates to AP and a Bamboo Farmer from Odisha (See 'Corp Brief') NITI Aayog organises National Workshop on 'Viksit Panchayat' (See 'Corp Brief') A&C - Validity of unilateral appointment of sole Arbitrator in arbitrations commenced before Oct 23, 2015, must be tested under pre-amendment regime: HC (See 'Legal Desk') India showcases Forest and Landscape Restoration Initiatives at COFO 28 in Rome (See 'Corp Brief') Railways approves Rs 122 Crore for 6 km Barbil-Bolanikhadan Doubling Project (See 'Corp Brief') Yadav reviews Delhi's Air Pollution Mitigation Plan with Delhi CM (See 'Corp Brief') IPR - Registered proprietor of well-known trademark is entitled to immediate ex-parte injunctive relief against anonymous entities operating rogue websites with masked identities: HC (See 'Legal Desk') Chouhan calls for Scientific Monitoring for Rabi Season 2026 (See 'Corp Brief') MoS pitches for wider Govt-Industry and Start-up collaboration in Space Sector (See 'Corp Brief') IPR - If both trademark infringement and passing off causes of action arise in Kerala, plaintiff cannot invoke Sec 134(2) of Trade Marks Act to club claims and force small Kerala-based defendant to litigate in Mumbai: HC (See 'Legal Desk') PM-MKSSY transforming Risk Management for India's Aquaculture Farmers (See 'Corp Brief') Nadda reviews Progress of Lady Hardinge Medical College (See 'Corp Brief') A&C - For awarding damages u/s 73 of Contract Act, proof of loss or injury is sine qua non, and Hudson Formula is no substitute for proof of damages: HC (See 'Legal Desk') CBN Rajasthan Unit seizes nearly four tonnes of contrabands (See 'Corp Brief') Ministry of Tourism exchanges MoUs with industry partners to strengthen tourism promotion (See 'Corp Brief') India moving from Defence Importer to Trusted Global Defence Supplier: RM (See 'Corp Brief') A & C - High Court erred in holding that petitions filed u/s 34 of the Act were barred by limitation, considering that applications were filed well within statutory limitation period: SC (See 'Legal Desk') NZP to celebrate Wildlife Week 2026 from 2nd - 8th October 2026 (See 'Corp Brief') HM launches various initiatives related to women empowerment in Kollam (See 'Corp Brief') Medical colleges rise from 387 to over 800: Patel (See 'Corp Brief') TradeMarks - When special law like Trade Marks Act restricts institution of suits to courts not inferior to District Judge, it remains entirely consistent with Commercial Courts Act, provided High Courts designate District Judges as commercial courts - case referred to Larger Bench: SC (See 'Legal Desk') ICAT marks 20 Years of Excellence with PM e-Drive Dialogue with the industry (See 'Corp Brief') From Rural Needs to Real-World Solutions: RuTAG 2.0 focuses on deepening Technology Impact (See 'Corp Brief') India International Water Week 2026 concludes with Focus on Climate-Resilient Management (See 'Corp Brief') A&C - Period of limitation u/s 34(3) of Arbitration Act must be reckoned from date of disposal of Sec 33 application, regardless of whether such application is ultimately found to be frivolous or sham: HC (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

Cabinet okays 'Partial Credit Guarantee Scheme' for purchase of high-rated pooled assets by PSBs

Published: Dec 11, 2019

By TIOLCORPLAW News Service

NEW DELHI, DEC 11, 2019: THE Union Cabinet, chaired by the Prime Minister Mr Narendra Modi, has given its approval to the following:

"Partial Credit Guarantee Scheme", to be offered by the Government of India (Gol) to Public Sector Banks (PSBs) for purchasing high-rated pooled assets from financially sound Non-Banking Financial Companies (NBFCs) / Housing Finance Companies (HFCs), with the amount of overall guarantee being limited to first loss of up to 10 per cent of fair value of assets being purchased by the banks under the Scheme, or Rs. 10,000 crore, whichever is lower, as agreed by Department of Economic Affairs (DEA). The scheme would cover NBFCs / HFCs that may have slipped into SMA-0 category during the one year period prior to 1.8.2018, and asset pools rated "BBB+" or higher.

The window for one-time partial credit guarantee offered by Gol will remain open till 30th June, 2020 or till such date by which Rs. 1,00,000 crore assets get purchased by the Banks, whichever is earlier. Power has been delegated to the Finance Minister to extend the validity of the Scheme by up to three months taking into account its progress.

Major Impact

The proposed Government Guarantee support and resultant pool buyouts will help address NBFCs/HFCs resolve their temporary liquidity or cash flow mismatch issues, and enable them to continue contributing to credit creation and providing last mile lending to borrowers, thereby spurring economic growth.

Background:

In the Union Budget 2019-20, it was announced that:

"For purchase of high-rated pooled assets of financially sound NBFCs, amounting to a total of Rupees one lakh crore during the current financial year, Government will provide one time six months' partial credit guarantee to Public Sector Banks for first loss up to 10%."

In pursuance to the aforesaid Budget announcement, a Scheme was issued on 10.8.2019 (as modified on 23.9.2019) for providing Government Guarantee to PSBs for purchase of assets by them from NBFCs / HFCs, limited to 10 per cent of fair value of assets purchased by the banks under the Scheme or Rs.10,000 crore, whichever is lower. The window was for a period of six months from the date of issuance of the Scheme or till such date by which Rs.1,00,000 crore of assets get purchased by the Banks, whichever is earlier.

Based upon suggestions received from various stakeholders and discussions held with them, it was decided to obtain approval of the Cabinet on the Scheme incorporating modifications as under:

To make NBFCs / MFCs that may have slipped to SMA-0 category during the one year period prior to 1.8.2018 (i.e. prior to the IL&FS crisis), eligible for purchase of pooled assets from them by PSBs. NBFCs / HFCs reported under SMA-I and SMA-2 category during the aforesaid period will continue to be ineligible under the Scheme.

To revise the minimum rating of the underlying asset pool being purchased by PSBs from the existing "AA" to "BBB+".

To make the Scheme effective upto 30.6.2020, with powers being delegated to the Finance Minister to further extend the Scheme by 3 more months, depending upon the progress made under the Scheme.

The Cabinet has now accordingly approved the "Partial Credit Guarantee Scheme", incorporating modifications as above.

The Scheme is offered to Public Sector Banks with the objective that the purchase of pooled assets enabled by Government guarantee support under the Scheme, will help addressing temporary liquidity / cash flow mismatch issues of otherwise solvent NBFCs / HFCs without them having to resort to distress sale of their assets for meeting their commitments. This will provide liquidity to the NBFC / HFC concerned for financing the credit demand of the economy, and also protect the financial system of the country from any adverse contagion effect that may arise due to the failure of such NBFCs / HFCs.

TIOL CORP SEARCH

TIOL GROUP WEBSITES