Topics | Search Log Out | Register | Edit Profile
Hide Clipart | Banned/Unbanned User Log | Moderator Login History | Thread Delete/Move Log | Last 30 mins | 1 | 2
Insolvency &Bankruptcy Code resets co...

Chalanachithram.com DB » New TF Industry Related » Archive through May 31, 2018 » Insolvency &Bankruptcy Code resets corporate rescue regime « Previous Next »
Author Message
 

Teluguhero
Side Hero
Username: Teluguhero

Post Number: 2743
Registered: 04-2008
Posted From: 76.106.197.158

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, May 30, 2018 - 03:48 pm:       


Discoveringself:

for the fresh blood to come in and revive, the bad old things gotta go and should be flushed out




ASTONISHING FEATS OF MODI GOVT

http://www.dailypioneer.com/columnists/oped/astonishing-feat s-of-modi-govt.html

Four years into power, Modinomics has worked wonders. Most crucial among a plethora of reforms undertaken by the Narendra Modi Government has been its resolve on the NPA mess — the worst legacy of the erstwhile Congress-led dispensation which deliberately did not classify umpteen bad loans as NPAs, thanks to dubious evergreening of such loans. Therefore, the Rs 36,400 crore takeover of the beleaguered Bhushan Steel by Tata Steel in May 2018 that had Indian public sector banks laughing all the way to the bank is a shining example of how Modinomics is winning the NPA war and showcases how political will can surmount any bad legacy.

Be it amendments to the Chit Fund Act 1982, operationalising the Benami Transactions (Prohibition) Amendment Act, 2016, or the NPA Ordinance that was promulgated in May 2017 to authorise RBI to intervene directly in directing banks to resolve default cases under the Insolvency and Bankruptcy Code (IBC) — the Modi Government has, in a short span of four years, brought sweeping economic reforms to uproot corruption, with the IBC having successfully resolved more than 655 default cases via the National Company Law Tribunal. However, it is the Fugitive Economic Offenders Bill 2017 that gives the authorities the power to confiscate and sell the assets of wilful defaulters, which is by far, one of the boldest reforms by the Narendra Modi dispensation to nail scamsters who wish to evade the due legal process in India.

However, the most disruptive and yet the most successful reform that Modinomics will be remembered for by posterity is demonetisation. It changed forever the mindset and attitude of people towards corruption that had become a way of life under the erstwhile UPA Government.

So what if the 99 per cent of the Rs 15.44 lakh crore that was demonetised is back with the banks? Not all of that 99 per cent is white! Also, a large part of the money that is back with the banks is unaccounted for! This is evident from the fact that 18 lakh bank accounts are under probe by the ED, as money deposited is not in sync with the tax profiles concerned. Hence, critics of demonetisation seem to have completely missed the plot.

The Central Board of Direct Taxes (CBDT) and the Financial Intelligence Unit (FIU) have identified two sets of people and entities. In the first set, they identified people who made cumulative cash deposits between Rs 2 lakh and Rs 80 lakh during the first 50 days of demonetisation, in which a total of Rs 5.4 lakh crore of cash was deposited via 99.40 lakh transactions. In the second set, the super rich made cash deposits worth more than Rs 80 lakh via 1.41 lakh transactions.

The biggest success of demonetisation, therefore, is the fact that anywhere between Rs 2 lakh crore and Rs 5.4 lakh crore of money that was outside the ambit of the tax net and largely unaccounted for, is now a part of the formal banking system. In other words, gross domestic product (GDP) between 1.3 per cent and 3.6 per cent that was outside the formal banking channels is now very much a part of the formal system.

The more underrated and yet significant positive aspect of demonetisation, however, is the perceptible shift from physical to financial savings, which is evident from the fact that in April 2018 alone the Indian mutual fund industry attracted Rs 1.4 lakh crore worth of inflows, taking the total Assets Under Management (AUM) to Rs 23.3 lakh crore, a new high!

Post demonetisation, more than 77 lakh new portfolios were added to the mutual fund industry, largely from tier-II towns, in 2016-17 against a little over 35 lakh portfolios in 2015-16 — a 120 per cent growth. That positive trend continues.

Of course, no discussion on Modinomics is complete without an ode to GST, which finally became a reality on July 1, 2017, after an inept Congress-led UPA establishment sat on the Kelkar Committee recommendations for 10 long years without being able to forge a consensus even on basics like compensation to States. From 36 lakh businesses that filed GST returns in July 2017, to more than 1.05 crore unique taxpaying entities that have enrolled with GST network currently, with GST collections in April 2018 at a new high of Rs 1.03 lakh crore, India’s “One Nation One Tax” initiative bodes well for tax efficiency without tax terrorism.

GST is hugely pro-poor and pro-middle class, and this is amply evident from the fact that items of daily and regular use, from milk, curd, eggs, fish, chicken and flour to rotis, milk powder, tea, coffee, medicines, frozen vegetables, LPG, biogas, stents, kerosene, sanitary napkins and, eating out in both AC and non AC restaurants, are charged either 0% or 5% tax! Barely 50 items, largely sin goods and luxury products are charged at 28%.

In fact, the huge pro-middle class tilt of Modinomics is best amplified by the fact that average home loan rates have fallen from 11.75% in 2013 to barely 8.35% now, which effectively means, on a Rs 50 lakh loan for 20 years, the EMI savings would be in excess of Rs 12,000 every single month! Of course, the fact that homebuyers-friendly RERA weeds out unscrupulous developers and middlemen, ensures timely delivery of property to the end user, failing which huge penalties come into play. This has promoted the cause of the homebuyers.

The biggest and most unfounded allegation against the Modi Government is that Modinomics is all about jobless growth. Modi’s critics, however, need to be reminded that the economist at IHS Markit, Aashna Dodhi, has said, job growth as on March 2018 is the highest since 2011, driven by strong demand, output growth in manufacturing and higher staffing in service related sectors, thanks to greater formalisation of the Indian economy.

This is corroborated by the Ghosh & Ghosh report also which states that 45.5 lakh and 55.2 lakh new contributing members were added to the EPFO in 2016-17 and 2017-18. Extrapolating this data, they concluded that at least 70 lakh new jobs were added in 2017-18. Opposition parties and pseudo intellectuals were quick to debunk Ghosh & Ghosh, saying the new member additions to EPFO which grew by 20-23% in 2017 & 2018 were higher than the growth of 7-8% in 2015 & 2016, which simply implied that informal jobs had now become formal and not that new jobs had necessarily been created.

However, the truth is the 70 lakh job figure is very conservative and the actual addition to jobs may be 1.4 crore people, in 2017-18.The rule of thumb is, for every payroll job that is supported by EPFO data, that there is a corresponding job that is created either in the unorganised sector, in MSME, in the farm sector or allied ancillaries. Also, the EPFO data only takes into account jobs/payrolls for entities employing 20 or more people but, if one were to account for jobs in entities employing less than 20 people, the job addition is not 70 lakh persons but could well be 1.4 crore people or more in 2017-18 alone. But the left-leaning media and an electorally vanquished Opposition finds hard to digest!

It is amazing what you can accomplish if you do not care who gets the credit, said Harry S Truman. Modinomics has done precisely that. It has sought to bring development to the doorstep of the last man standing to help him aspire for the impossible and as they say impossible is nothing, especially when you have a leader like Modi at the helm.
 

Discoveringself
Side Hero
Username: Discoveringself

Post Number: 2491
Registered: 01-2016
Posted From: 136.2.17.166

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, May 30, 2018 - 03:01 pm:       

I wish more people talking about this. for the fresh blood to come in and revive, the bad old things gotta go and shud be flushed out....any system I would think....

core principles remain the same......but no point in carrying the bad assets and bad practices that clog the system...
 

Teluguhero
Side Hero
Username: Teluguhero

Post Number: 2742
Registered: 04-2008
Posted From: 76.106.197.158

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, May 30, 2018 - 12:56 pm:       

https://www.livemint.com/Companies/NPOLy2BxhbSPps5K2nj03N/Fo ur-years-of-Modi-govt-Insolvency-and-Bankruptcy-Code-rese.ht ml

Four years of Modi govt: Insolvency and Bankruptcy Code resets corporate rescue regime
The new ecosystem of Insolvency and Bankruptcy code and tribunals across the country is a resounding success in turning around companies and addressing bank NPAs

New Delhi: Rescuing sinking companies or exiting doomed businesses has been a pain for investors for decades. Things have turned smoother under the insolvency and bankruptcy code of 2016, that rebalanced the rights of promoters, banks, vendors and employees. A set of changes that are expected to be made to the code shortly will give home buyers a say in deciding the future of defaulting builders, along with their lenders.

Experts say the new ecosystem of bankruptcy code and tribunals across the country is a resounding success in turning around companies through various means, including changing management or ownership. The reform seeks to tackle the mountain of Rs10 trillion of non-performing assets in the banking system, that slows down investments and growth in Asia’s third-largest economy.

An efficient corporate revival or exit procedure for investors under supervision of the courts encourages swift investment decisions and, in the unfortunate event of things going wrong, enables investors to recover their capital for redeployment before its value erodes far too much.

The success of the new bankruptcy code became evident when Tata Steel Ltd in May took over Bhushan Steel Ltd, the largest NPA among 12 large defaulters that banks took to the National Company Law Tribunal (NCLT) for resolution last year. In a historic breakthrough in rescuing bankrupt firms, Tata Steel settled Rs35,200 crore, or nearly two-thirds of the money the steel maker owed to lenders. The beneficiaries include State Bank of India, the largest in the consortium of lenders. Recovering loans boosts the financial health of lenders, enabling them to make further investments.

“The Insolvency and Bankruptcy Code (IBC) has defied India’s poor track record in implementation of laws. Green shoots can already be seen as a result of the persistent effort by all stakeholders to make the code a success. A nearly perfect strategy was deployed for the launch of IBC and its sustainable progress,” said Sumant Batra, managing partner of law firm Kesar Dass B & Associates.

READ: Tax reforms in four years of Modi govt: GST makes tax evasion tougher

A robust bankruptcy regime is also likely to favourably impact India’s ease of doing business ranking. About two-fifth of the non-performing assets in the Indian banking system are at present in NCLT, of which, a large part is in the steel industry. Resolution of bad debts in the banking sector is critical for stimulating investments badly needed for the economy. Corporate affairs secretary Injeti Srinivas said in March that it will be a great achievement to reduce the time taken for resolution from 4.3 years in the earlier system to less than a year under the new code. The code allows 270 days for finalizing a corporate rescue plan.

Pavan Kumar Vijay, a founder of consulting firm Corporate Professionals, said that resolving all the 12 major bankruptcy cases presently under NCLT will fetch more than Rs1.25 trillion for stakeholders. “Resolving these cases will reduce non-performing assets in the system, boost the banking sector and encourage financial discipline among businesses. This will lead to a virtuous cycle in economic activities,” said Vijay.

READ: Indian economy gets more formal in four years of Modi govt

A new set of changes to the code that are expected to come into force shortly will remove certain difficulties in implementation and treat homebuyers on par with financial creditors. This will enable them to take builders defaulting on home delivery to bankruptcy courts and decide their future along with lenders. The idea is to protect the interests of home buyers, who contribute more capital to builders than financial institutions, but so far had no say in the resolution plan.

Experts said that the code, however, needs a few more changes. “We need to urgently develop a policy framework for distressed asset investors to attract foreign investors in this space. In absence of competing bidders, valuation of assets will be impacted, causing further losses to banks and other creditors,” said Batra.

Experts also said that non-wilful defaulters who failed to repay loans due to business failures should not be disallowed from bidding for the assets that undergo a resolution process.

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image HASH(0x97674a8){Movie Clipart}
Show / hide regular icons selection options

Click on following links to open cliparts by Alphabetical Order

 A   B   C   D   E   F   G   H   I   J   K   L   M  

N   O   P   Q   R   S   T   U   V   W   X   Y   Z  

Show / Hide Filmy icons selection options

Click on following links to open cliparts by Alphabetical Order

  A   B   C   D   E   F   G   H   I   J   K   L   M  

N   O   P   Q   R   S   T   U   V   W   X   Y   Z  

Username: Posting Information:
This is a public posting area. Enter your username and password if you have an account. Otherwise, enter your full name as your username and leave the password blank. Your e-mail address is optional.
Password:
E-mail:
Options: Enable HTML code in message
Automatically activate URLs in message
Action: