Hindustan Times (Amritsar)

Sebi proposal on loan default disclosure­s runs into hurdle as RBI expresses concerns

- Jayshree P. Upadhyay and Gopika Gopakumar jayshree.p@livemint.com

MUMBAI: A Securities and Exchange Board of India (Sebi) proposal to make listed firms disclose defaults on their loans within a day of it happening is stuck in a turf war between the central bank and markets regulator, two people with direct knowledge of the matter said.

The Reserve Bank of India (RBI) has reservatio­ns about the Sebi proposal as it considers banks to be the biggest stakeholde­rs in default data and believes such data is not for public consumptio­n, these people said on condition of anonymity.

Sebi had initially released a circular on August 4 proposing default disclosure­s within a day, only to withdraw it on September 30, just a day before it was to become operationa­l. The circular had sought to bring bank loan default disclosure on par with delay in repayments on other kinds of debt instrument­s such as bonds, as required by Sebi’s Listing Obligation and Disclosure Requiremen­t regulation­s.

The market regulator’s board had discussed the implementa- tion of this proposal in its December 28 board meeting, but could not reach a conclusion, Sebi chairman Ajay Tyagi said after that meeting.

“While Sebi is seeking disclosure­s exerting its powers on listed entities, the Reserve Bank of India considers the debt to have severe impact on its regulated entities, ie, banks. They are the biggest stakeholde­rs,” said the first of the two people cited earlier. “Sebi’s thought process is to remove informatio­n arbitrage.”

Spokespers­ons for Sebi and RBI did not reply to emails seek- ing comment. RBI’s objections centres on the fact that loan default data is not for public consumptio­n, said the second of the two people cited earlier.

“The data on loan default should be for regulatory purposes only and not for public consumptio­n. All default scan not be attributed to malfeasanc­e. Some of them could be because of the business cycles. Look at the Supreme Court case on defaulters, for example ,” said the second person.

In March 2017, RBI had submitted a list of big loan default cases (involving more than ₹500 crore each) to the Supreme Court in a sealed envelope. The list was given in response to a public interest litigation on rising bad loans in the economy.RBI declined to make the list public, citing economic interest, fiduciary responsibi­lity and commercial confidence. The apex court is yet to decide whether the informatio­n can be made public or not.

According to San deep Parekh, managing partner at Fin sec Law Advisors, the implementa­tion of the Sebi circular requires a calibrated approach from both the regulators.

“Till now theo mer ta code that existed between both borrower and lender to suppress informatio­n will be challenged by the circular( when implemente­d ),” said Parekh. “RBI has realised that light show non 10 years of opacity can have systemic issues and is therefore seeking a calibrated response. Similarly, Sebi itself may need to calibrate both nature of credit—not every operationa­l delay is a default—and period of default—immediatel­y maybe too soon—and start with a consensus number. It can then tighten the screws over the next few years,” he added.

 ??  ?? Sebi chairman Ajay Tyagi. Sebi had initially released a circular on August 4 proposing default disclosure­s within a day, only to withdraw it on September 30 MINT/FILE
Sebi chairman Ajay Tyagi. Sebi had initially released a circular on August 4 proposing default disclosure­s within a day, only to withdraw it on September 30 MINT/FILE

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