RBI authorised to direct banks to start insolvency process in respect of a default
The Government (Ministry of Law and Justice) has notified the Banking Regulation (Amendment) Ordinance, 2017 (No. 1 OF 2017) to further amend the Banking Regulation Act, 1949. It has come into force with immediate effect.
As per the preface to the Ordinance, it has been necessitated by the unacceptable high level of of stressed assets in the banking system which required immediate resolution. It further states that provisions of Insolvency and Bankruptcy Code 2016 can be effectively used for the resolution of stressed assets by empowering the RBI to issue directions in specific cases.
As per the Ordinance promulgated by the President of India, the Central Government has been empowered to authorise Reserve Bank of India to issue directions to any banking company to initiate insolvency resolution process in respect of a default under the provisions of Insolvency and Bankruptcy Code 2016. (Section 35AA).
Otherwise also, the RBI has been authorised to issue directions to banks for resolution of stressed assets. RBI may also appoint authorities/committees for such purpose.
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