Relaxation from default recognition due to restructuring of debt.


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The Securities and Exchange Board of India (SEBI) has issued a circular providing relaxation for Credit Rating Agencies (CRAs) regarding the recognition of default events. If a debt restructuring is solely due to COVID-19 related stress or falls under the Reserve Bank of India's resolution framework, CRAs may choose not to recognise it as a default. This relaxation is in effect until December 31, 2020.

Securities and Exchange Board of India

SEBI/HO/MIRSD/CRADT/CIR/P/2020/160

August 31, 2020

To,
All Credit Rating Agencies (CRAs) registered with SEBI

Dear Sir/ Madam,

Sub: Relaxation from default recognition due to restructuring of debt.

1. CRAs recognize default based on the guidance issued vide SEBI circulars dated May 3, 2010 and November 1, 2016. Further, SEBI vide circular dated March 30, 2020 had provided for relaxation from recognition of default owing to moratorium permitted by RBI and lockdown due to COVID-19 pandemic.

2. The Reserve Bank of India (RBI), vide notification no. RBI/2020-21/16 DOR.No.BP.BC/3/21.04.048/2020-21 dated August 6, 2020, has provided for a resolution framework for COVID-19 related stress.

3. Based on its assessment, if the CRA is of the view that the restructuring by the lenders/ investors is solely due to COVID-19 related stress or under the aforementioned RBI framework, CRAs may not consider the same as a default event and/or recognize default. Appropriate disclosures in this regard shall be made in the Press Release.

4. The above relaxation is extended till December 31, 2020.

5. This circular is issued in exercise of the powers conferred by Section 11 (1) of Securities and Exchange Board of India Act, 1992 read with the provisions of Regulation 20 of SEBI (Credit Rating Agencies) Regulations, 1999, to protect the interest of investors in securities and to promote the development of, and to regulate, the securities market.

Yours faithfully,

Surabhi Gupta
General Manager
Tel No. 022-26449315
Email id: surabhig@sebi.gov.in

FAQ :

The circular provides relaxation for Credit Rating Agencies (CRAs) in recognising defaults when debt has been restructured due to COVID-19 related stress or under the RBI's resolution framework.

CRAs may not recognise a default if the restructuring is solely due to COVID-19 related stress or if it is done under the RBI's resolution framework for COVID-19 related stress.

This relaxation is extended until December 31, 2020.

The relevant RBI notification is RBI/2020-21/16 DOR.No.BP.BC/3/21.04.048/2020-21 dated August 6, 2020, which provides a resolution framework for COVID-19 related stress.

This circular was issued by the Securities and Exchange Board of India (SEBI).

 



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