Introduction
On the backdrop of rising stressed assets in the Indian banking system, the Reserve Bank of India (RBI) has issued revised ‘Master Directions’ for Asset Reconstruction Companies (ARCs) in 2024–25. These new norms aim to streamline ARC operations, enforce prudent financial practices, ensure transparency, and enhance the protection of creditor interests—particularly during the settlement of non-performing assets (NPAs).
Asset Reconstruction Companies have long been central to India’s efforts to resolve bad debts and revive financial stability. However, given the evolution of the financial landscape, the RBI has now strengthened its oversight through enhanced governance and due diligence norms.
What are Asset Reconstruction Companies (ARCs)?
➤ Definition:
An Asset Reconstruction Company (ARC) is a specialized financial institution that buys non-performing assets (NPAs) or bad loans from banks and financial institutions and attempts to recover the dues either through settlement, asset sale, restructuring, or other recovery mechanisms.
➤ Objective:
The main goal of ARCs is to clean up the balance sheets of banks by taking over stressed assets and managing them more efficiently, ultimately ensuring better credit flow in the economy.
Evolution of ARCs in India
| Aspect | Details |
|---|---|
| Recommended by | Narasimham Committee – II (1998) |
| Established under | SARFAESI Act, 2002 |
| Legal Framework | Operates under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 |
| Regulated by | Reserve Bank of India (RBI) |
| Company Status | Registered under the Companies Act, 2013 |
| Mandatory Registration | With RBI under Section 3 of the SARFAESI Act |
How ARCs Work: Process and Mechanisms
1. Asset Reconstruction:
ARCs purchase non-performing loans or stressed assets from banks or financial institutions and take over the rights associated with them—like interest, principal, guarantees, etc. They may:
- Restructure the debt.
- Sell off the asset.
- Take legal action for recovery.
2. Securitisation:
After acquiring financial assets, ARCs issue Security Receipts (SRs) to Qualified Buyers (QBs). These receipts represent the value of the assets under reconstruction and are redeemable upon recovery.
3. Qualified Buyers (QBs) include:
- Scheduled Commercial Banks
- Insurance Companies
- State Financial Corporations
- SEBI-registered Mutual Funds or Asset Management Companies
- Other ARCs
4. Security Receipts (SRs):
- Issued to the originator bank/FI and QBs.
- Represent the right to a proportional recovery from the underlying asset.
- ARCs earn management fees and share recovery proceeds with the original lender.
Non-Performing Assets (NPAs): Classification and Meaning
➤ What is an NPA?
A Non-Performing Asset (NPA) is a loan or advance in which the borrower has defaulted in the payment of interest or principal for a period of 90 days or more.
➤ In Agricultural Loans:
A loan is classified as NPA if the interest or principal remains unpaid for two crop seasons.
➤ Types of NPAs:
| Type of NPA | Description |
|---|---|
| Sub-standard Assets | NPAs for a period up to 12 months |
| Doubtful Assets | NPAs for more than 12 months, with less certainty of recovery |
| Loss Assets | Assets with no hope of recovery and need to be written off entirely |
RBI’s Revised Master Directions for ARCs – Key Highlights (2024–25)
The revised norms focus on due diligence, transparency, and responsible settlement policies, ensuring ARCs operate within a well-defined and accountable framework.
1. Board-Approved Policy for Settlement:
ARCs must frame a board-approved policy outlining the strategy for settlement of borrower dues. This policy must include:
- Cut-off dates for borrower eligibility for One-Time Settlements (OTS).
- Permissible sacrifice limits based on different asset categories.
- Methodology to determine the realizable value of underlying securities.
- Comprehensive risk assessment parameters and due diligence mechanisms.
2. Settlement Process Guidelines:
- Last Resort: Settlements should only be explored after exhausting all recovery options, including legal remedies.
- Lump-Sum Preference: The RBI recommends that settlement payments be made preferably in one-time full payments.
- Alternative Payment Plans: If not lump-sum, payment plans should be justified by the borrower’s cash flow, projected revenues, and business model.
3. Independent Advisory Committee (IAC):
- ARCs must constitute an IAC, comprising experts with financial, legal, or technical backgrounds.
- The IAC’s role is to review settlement proposals and provide recommendations to the ARC’s Board-level Committee.
- Enhances transparency, reduces conflicts of interest, and enforces accountability.
SARFAESI Act, 2002: Legal Backbone of ARCs
➤ Full Form:
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
➤ Purpose:
To allow banks and financial institutions to recover their non-performing assets without the intervention of courts.
➤ Key Features of SARFAESI Act:
| Feature | Details |
|---|---|
| Empowers ARCs | To take over and manage NPAs for recovery |
| Security Enforcement | Allows sale or possession of secured assets (e.g., property, machinery) |
| No Need for Court Order | Creditors can enforce security interest directly, except in specific cases |
| Time-bound Resolution | Encourages faster resolution of bad loans through auctions, settlements, etc. |
| Secured Creditors’ Power | If 75% of lenders agree, legal action can be initiated for recovery |
➤ Beneficiaries:
- Banks
- Financial Institutions
- ARCs
Significance of RBI’s Revised Directions for ARCs
| Parameter | Significance |
|---|---|
| Transparency | Ensures settlement processes are well-documented and transparent |
| Governance | Strengthens board oversight and independent advisory in financial decisions |
| Creditor Confidence | Protects the interest of lenders by avoiding arbitrary haircuts or write-offs |
| Borrower Discipline | Encourages genuine and time-bound repayment from borrowers |
| Recovery Efficiency | Streamlines and strengthens ARC’s role in the stressed asset ecosystem |
Conclusion
The revised Master Direction by RBI on ARCs is a timely and essential move toward strengthening India’s financial ecosystem, especially in the post-COVID credit recovery phase. With better due diligence norms, a board-driven settlement framework, and expert advisory oversight, ARCs are now better equipped to handle the growing burden of NPAs.
Moreover, these changes reinforce the core objective of the SARFAESI Act—empowering lenders to resolve stressed assets efficiently—while ensuring balance, accountability, and financial discipline across the system.
FAQs
Q1: What is the SARFAESI Act?
Ans: It is a law enacted in 2002 allowing secured creditors like banks and ARCs to recover dues without court intervention by seizing and selling assets of defaulting borrowers.
Q2: What is a Security Receipt?
Ans: It is a financial instrument issued by ARCs to QBs or lenders, representing a right to a share in the recovery from acquired NPAs.
Q3: Can ARCs settle dues without board approval?
Ans: No. The revised RBI norms mandate that any settlement must be reviewed by an Independent Advisory Committee and approved by a board-level committee.
Q4: Are ARCs profit-making companies?
Ans: While they are private or public companies, their profits are typically tied to the performance of recovery and asset management.
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