The Reserve Bank of India (RBI) has issued stringent directives to regulate the credit facilities provided to wilful and large defaulters. This move is aimed at strengthening the financial discipline among borrowers and ensuring that financial institutions are not exposed to undue risks from defaulters. The new guidelines are applicable to all regulated entities (REs) including banks, financial institutions (FIs), non-banking financial companies (NBFCs), and housing finance companies (HFCs).
No Additional Credit for Wilful Defaulters
Under the new RBI guidelines, no additional credit facilities will be granted to individuals or entities classified as wilful defaulters. This prohibition extends to any entity associated with the wilful defaulter. The restriction remains in place for one year after the defaulter’s name is removed from the list of wilful defaulters (LWD). This measure is designed to prevent wilful defaulters from accessing institutional finance, thereby discouraging the misuse of financial resources.
Extended Restrictions for New Ventures
In addition to the one-year restriction, the RBI has stipulated that wilful defaulters or their associated entities will be barred from obtaining credit for new ventures for a period of five years following their removal from the LWD. This extended restriction aims to curb the recurrence of defaulting behaviors and ensure that defaulters cannot easily start new business ventures that may pose further financial risks.
mandatory Information Sharing
To enhance transparency and caution among lenders, the RBI has mandated that all REs share information about wilful and large defaulters with credit information companies (CICs) on a monthly basis. This includes providing lists of suit-filed accounts and non-suit-filed accounts that are classified as doubtful or loss. CICs are required to disseminate this information to all credit institutions and publicly display the list of suit-filed accounts of large defaulters on their websites.
Restrictions on Credit Restructuring
The RBI’s directive also includes strict guidelines regarding the restructuring of credit facilities for wilful defaulters. Wilful defaulters or their associated entities are ineligible for restructuring of credit facilities. They may only become eligible for restructuring after their removal from the LWD, and this eligibility is subject to certain conditions.
Definition of Wilful and Large Defaulters
The RBI defines a wilful defaulter as a borrower or guarantor who defaults on their repayment obligations despite having the capacity to pay, or who diverts or siphons off funds for purposes other than those for which the finance was availed. A large defaulter is defined as one with an outstanding amount of Rs1 crore and above, where legal action has been initiated, or the account is classified as doubtful or loss.
Monitoring and End-Use of Funds
To ensure the appropriate use of borrowed funds, the RBI has laid out comprehensive measures for monitoring and scrutinizing borrowers’ accounts. These measures include regular inspections, stock audits, and management audits. Financial institutions are required to conduct due diligence and ensure the end-use of funds aligns with the purpose for which they were sanctioned.
Reporting and Compliance
The RBI has instructed lenders to report details of guarantors and directors of business enterprises that have defaulted on their commitments. This includes reporting the details of guarantors who have failed to honor their commitments when invoked. This information is crucial for maintaining a comprehensive record of defaulters and preventing them from accessing further credit.
Conclusion
The RBI’s new directives are a significant step towards enhancing financial discipline and reducing the risks associated with wilful and large defaulters. By restricting access to credit and ensuring stringent monitoring and reporting, the RBI aims to create a more stable and transparent financial system. These measures will help safeguard the interests of financial institutions and promote responsible borrowing practices.
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