FM asks Banks to establish sustained relationship with Young customers (See 'Corp Brief') Guwahati-Tezpur Corridor: A New Highway Link to Boost Assam's Tea, Tourism and Trade (See 'Corp Brief') Historic Turnout Marks West Bengal's First-Ever Kaushal Mahotsav (See 'Corp Brief') PMLA - Accused has no vested or matter-of-right entitlement to conversion of non-bailable warrant into bailable warrant: HC (See 'Legal Desk') CCI approves acquisition of 23% equity of TM International Logistics by Tata Steel (See 'Corp Brief') CCI nod for addl shareholding of Acko Technology by General Atlantic Singapore (See 'Corp Brief') CCI okays acquisition of equity in Bharti Life Insurance by Prudential Corporation (See 'Corp Brief') Competition Law - Collective determination of freight rates by truck associations constituted horizontal agreement that directly determined sale prices, thereby violating Sec 3(3)(a): CCI (See 'Legal Desk') Gwalior-Chambal Region to gain New Momentum with Strengthened Rail Connectivity (See 'Corp Brief') Credit to weaker sections reaches Rs 3.49 lakh crore (See 'Corp Brief') PMLA - NBFCs cannot shield themselves from liability when they allow their regulatory licenses to be used for predatory financial crimes: SAFEMA (See 'Legal Desk') Department of Youth Affairs to host BRICS Youth Council Meeting (See 'Corp Brief') IBC - Only crystallised claims as on effective date are payable on pro-rata basis from designated Operational Creditors Settlement Amount: SC (See 'Legal Desk') RDDBFI - Borrowers cannot cherry-pick figures from bank certificates while ignoring standard accounting treatment of interest after NPA classification: SC (See 'Legal Desk') IPR - Holding subsequent trademark registration does not override prior court injunction protecting visual get-up: HC (See 'Legal Desk') PSB Confluence 2026 - deposit mobilisation, banking for youth & investment cycles on agenda (See 'Corp Brief') A&C - Continuation of arbitration proceedings against some guarantors while statutory interim moratorium u/s 96 of IBC is in effect regarding 'debt' violates fundamental policy of Indian law: HC (See 'Legal Desk') IBC - Rights issue that does not comply with the mandatory timing and procedural requirements under company law, and which reduces majority shareholders into minority and transfers control, constitutes oppression: NCLT (See 'Legal Desk') DFS highlights mechanism for Timely Redressal of Insurance Policyholders' Grievances (See 'Corp Brief') CCRAS-NIIMH signs MoU with Sevadhi Museum and Indological Research Institute for Digitization (See 'Corp Brief') IBC - Second proviso to Rule 30(9) of Companies (Incorporation) Rules, 2014, acts as mandatory statutory bar, which prevents Regional Director from allowing shifting of registered office while appeal against resolution plan is pending: HC (See 'Legal Desk') Over 2 Lakh Villages, Now 'Har Ghar Jal' Certified (See 'Corp Brief') Companies Act - Assets of a company belong to the entity and its creditors, not its shareholders; transfer of company assets seemingly to place them beyond creditors' reach is impermissible: HC (See 'Legal Desk') MSDE convenes India-Japan Stakeholder Consultation to strengthen skilling (See 'Corp Brief') Competition law - Dealership termination, even if commercially harsh, does not by itself become competition law violation unless there is material showing an anti-competitive agreement causing dominance and abuse: CCI (See 'Legal Desk') Naidu flags off Tiranga Rally under Har Ghar Tiranga Campaign 2026 (See 'Corp Brief') IBC - EPC contract cannot be said to be frustrated by efflux of time merely because works have been suspended due to non-payment: SC (See 'Legal Desk') Capital Market - Trading while in possession of Unpublished Price Sensitive Information automatically triggers insider trading liability: SC (See 'Legal Desk') States recognised for Strong Performance in Anemia Mukt Bharat Abhiyaan (See 'Corp Brief') Misc - Winding-up proceeding and civil suit for recovery of money are distinct and independent remedies, and initiation of one does not impact limitation for other: SC (See 'Legal Desk') Patents - Invoking common general knowledge as basis for rejecting patent application without identifying & substantiating source of such knowledge is impermissible in a quasi-judicial order u/s 15 of the Act: HC (See 'Legal Desk') Gaj Gaurav Awards 2026 conferred for Exemplary Contributions to Elephant Conservation (See 'Corp Brief') IPR - In infringement action u/s 29(2)(b) of Trade Marks Act, where marks are similar but not identical, burden lies strictly on plaintiff to establish that similarity is likely to cause confusion: HC (See 'Legal Desk') Competition - Business model of online food delivery inherently differs from direct restaurant sales - price differential between two does not per se establish abusive conduct per the Competition Act: CCI (See 'Legal Desk') Tete-a-tete around AI in banking sector often begins with algorithms (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