'National Agriculture Conference - Rabi Abhiyan 2025' to begin in New Delhi today (See 'Corp Brief') A country cannot feel sense of pride if own people do not speak native language: HM (See 'Corp Brief') DFS organises PSB Manthan 2025 (See 'Corp Brief') PMLA - If additional proceeds of crime are unearthed by ED during further investigation, then it can inform CBI for taking further necessary action at their end: SAFEMA (See 'Legal Desk') IICA DG highlights ESG Integration and IBC 3.0 at Corp-Con 2025 (See 'Corp Brief') Prajapati Assumes Charge as Director of All India Institute of Ayurveda (See 'Corp Brief') SEBI - Fact that transactions in particular contract were reversed with same counterparty indicates prior meeting of minds with view to execute reversal trades at pre-determined price: SEBI (See 'Legal Desk') Govt goes for AI-based weather forecasting for agriculture (See 'Corp Brief') India partners with Iceland for sustainable Blue Growth (See 'Corp Brief') Ministry of Coal hosts Roadshow on Coal Gasification-Surface and Underground Technologies (See 'Corp Brief') Reddy inaugurates IBM's Regional Office in Ranchi (See 'Corp Brief') Insurance Surety Bonds for NHAI Contracts Crosses Rs. 10,000 Crore Landmark (See 'Corp Brief') 56th GST Council decisions to benefit both Coal Producers and Consumers (See 'Corp Brief') Railways begins loading of Fresh Apples for Delhi Market (See 'Corp Brief') SEBI - Purposes of disclosure is to bring about transparency in transactions and assist Regulator to effectively monitor transactions in market: SEBI (See 'Legal Desk') RM virtually flags-off Tri-service all-women circumnavigation sailing expedition (See 'Corp Brief') DFS Secy chairs meeting to discuss issues related to Infrastructure Sector (See 'Corp Brief') India sustains major gains in Malaria reduction, aims for elimination by 2030 (See 'Corp Brief') SEBI - Retrospective directions given without notice cannot be sustained: SAT (See 'Legal Desk') GST Reforms in Mining Sector to boost Housing and Small-scale Enterprises (See 'Corp Brief') 'Adi Sanskriti' - A Digital Learning Platform for Tribal Artforms launched (See 'Corp Brief') IPR - No cause of action arises merely from filing trademark application: HC (See 'Legal Desk') MoS chairs 14th Pension Adalat at Vigyan Bhawan (See 'Corp Brief') IBC - Liability of Guarantor and Principal Borrower does not always need to be same: NCLT (See 'Legal Desk') Giriraj Singh highlights transformative outcomes of Next-Gen GST Reforms (See 'Corp Brief') Coal India Limited and NSTFDC Sign MoU to Empower Tribal Students through Eklavya Model Residential Schools (See 'Corp Brief') Chouhan, Rekha Gupta formally inaugurate SARAS Livelihood Fair (See 'Corp Brief') NSTFDC & Coal India ink MoU to empower 30,000 Tribal Students with Digital Learning (See 'Corp Brief') Scope of Social Security to expand with SPREE-2025 and AMNESTY Scheme (See 'Corp Brief') IPR - Writ court can't substitute its subjective view with respect to aspects such as deceptive similarity, once Commercial Court has taken view in that regard, unless such view is found to be palpably erroneous: HC (See 'Legal Desk') CCI okays buy of Dana Incorporated's off-highway business by Allison Transmission (See 'Corp Brief') IEPFA hosts Conference on 'Unlocking Potential of Idle Financial Assets' (See 'Corp Brief') NCEL, APEDA sign MoU to boost cooperative-led agricultural exports (See 'Corp Brief') iDEX-DIO, EdCIL India ink MoU to develop dual-use tech under new ASPIRE program (See 'Corp Brief') IPR - Infringement can arise from any acts of making, using, offering for sale, selling, or importing patented product without consent, and marketers and sellers are equally liable: HC (See 'Legal Desk') Ministry of Minority Affairs concludes 5th Edition of Lok Samvardhan Parv in Kochi (See 'Corp Brief') GST reforms to empower Youth, Promote Fitness and Enhance Ease of Living (See 'Corp Brief') SARFAESI - If Legal representative of deceased guarantor has inherited property in question, then liability of deceased guarantor to repay debt shall fall upon representative who were party to DRT proceedings: HC (See 'Legal Desk') NTH offers Drone Certification at Industry's lowest Fee of Rs.4.2 Lakh (See 'Corp Brief') Scindia to lead Indian Delegation at Universal Postal Congress in Dubai (See 'Corp Brief') IPR - Defendant's continued use of 'IMS Young Achievers' after termination of its agreement with plaintiff amounted to trademark infringement & passing off: HC (See 'Legal Desk') DRDO organises conclave for capacity building of MSMEs (See 'Corp Brief') IPR - Suppression must be deliberate, material, and of high degree to warrant vacating ad-interim relief: HC (See 'Legal Desk') MoS pledges support for '#GarvSeSwadeshi', reaffirming govt's commitment to Atmanirbhar (See 'Corp Brief') IBC - Once there is no variance inter se between Defendants, then Sec 133 of Contract Act does not come into play and Plaintiff cannot seek discharge of its liability under unconditional bank guarantee issued in favour of beneficiary: HC (See 'Legal Desk') ICGEB New Delhi commemorated first anniversary of BioE3 Policy (See 'Corp Brief') A&C - Delay in filing and refiling appeals cannot be condoned due to lack of bona fide: HC (See 'Legal Desk') Board to Report what's Right what's Not (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