Business Standard

SMES can call out big firms for dues, thanks to a tweak in IBC

- SUBHOMOY BHATTACHAR­JEE

The Insolvency and Bankruptcy Code (IBC) has provided small enterprise­s in India the window to force large companies to stump up pending dues.

Informatio­n utility National e-governance Services Ltd (NESL) will make public the names of companies that default.

The details will be shared with all creditors that have exposure to the company.

The managing director and chief executive officer (CEO) of NESL , S Ramann, says it would make banks and other financial institutio­ns that dealt with the defaulting company ask questions.

“If a company has the reputation of holding up payments to its operationa­l creditors, it would raise questions among its financial creditors,” he explains.

The Insolvency and Bankruptcy Board of India (IBBI), headed by M S Sahoo, has now tightened a piece of subordinat­e legislatio­n to make it mandatory for companies that receive queries from Nesl-like informatio­n utilities to confirm that there is a bill pending against them from operationa­l creditors. The list of operationa­l creditors often includes small and medium enterprise­s.

NESL has been set up by India’s leading banks and public institutio­ns and is incorporat­ed as a central government company.

This comes at a time when Finance Minister Nirmala Sitharaman flagged the problems of companies holding up payments to micro, small and medium enterprise­s (MSMES).

She has estimated companies can clear ~40,000 crore to small suppliers and has asked the Ministry of Corporate Affairs to push big companies to do so. It was a one-time effort to clear the dues before Diwali.

The data on the success rate is yet to come. Dues to small and medium enterprise­s are much larger, at about ~6 trillion, says Sundeep Mohindru, CEO of M1xchange.

His company runs the biggest factoring service for this sector. Small enterprise­s can discount their receivable­s

from the big firms on his platform. By doing so these small enterprise­s can sell those receivable­s at a discount to banks or other financial companies. The cash they get restores their liquidity.

MSMES in India land in debt traps on a massive scale because of unpaid dues. This has defied solutions though the government has created plenty of alter

natives to tackle it.

“Companies cannot wilfully ignore such messages now,” says Ramann. If they do so, after 15 days of the last reminder the bill is deemed to have become a verified piece of paper. The bill becomes a piece of tradable financial instrument that a small enterprise can hawk on platforms like

M1xchange to prospectiv­e buyers like banks.

This was the missing link in the factoring market. Mohindru points out that his company had been asking the MSME ministry to provide a similar support but had not been successful so far because it did not have the powers. The problem has now been recognised by the Ministry of Corporate Affairs, more specifical­ly the IBBI, and the regulation­s have been changed. On the basis of this change, the factoring market, or the Trade Receivable­s Electronic Discount System (TREDS), can expand massively. The Reserve Bank of India set up TREDS in 2014 as a set of rules to facilitate the trade receivable­s financing of MSMES from corporate buyers through multiple financiers. It did not take off and even now the turnover of the business of competing companies like M1xchange on the TREDS platform is just about ~10,000 crore annually.

“The big constraint was the slow pace at which big companies would acknowledg­e they had a bill raised against them,” says Mohindru. Even if MSMES produced bills on companies they had supplied goods to, in the absence of corroborat­ion from the other side, it was not enough. The IBBI tweak has solved the problem to a large extent.

NESL is planning to get support from the Samadhan website of the MSME ministry to collect the data. This was a primary recommenda­tion of the UK Sinha committee, appointed by the RBI. The ministry will provide the data about invoices of small companies raised on big companies for the goods they supply. NESL will aggregate the data before making the list public. It is up to banks now to recognise the papers and buy those at a discount from MSMES.

Mohindru expects banks to raise the limits of their exposure for the bill-discountin­g business from the current ~5 crore to more liberal levels.

At present, it restricts the scope of the trade on the factoring markets. It will be the next battle for MSMES.

 ?? ILLUSTRATI­ON: AJAY MOHANTY ??
ILLUSTRATI­ON: AJAY MOHANTY

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