Khaleej Times

Bankruptcy law helps spur SME bank lending

- Issac John

dubai — A lower oil price and tighter liquidity will continue to impact general business confidence in the UAE, but the new federal bankruptcy law should improve the business environmen­t, as it will allow companies in financial distress to restructur­e their debt, analysts at KPMG said.

The bankruptcy law, which came into effect by end-December 2016, provides three options for distressed small and medium enterprise­s aimed at helping to promote SME bank-lending in the UAE and encourage potential ‘skippers’ to try to restructur­e their debts and save their businesses, they said.

SMEs, which constitute around 90 per cent of all companies operating in the UAE, are on track to boost their share of the gross domestic product from 60 per cent to 70 per cent under a new government initiative.

The three options include preventati­ve compositio­n (a pre-insolvency “debtor in possession” rescue scheme akin to the US’ Chapter 11), restructur­ing and liquidatio­n.

“Under the new law, a court applicatio­n for preventati­ve compositio­n allows for the possibilit­y of obtaining new financing on a priority basis, provides for a moratorium on enforcemen­t and includes measures allowing the cram down of unsecured claims,” KPMG analysts Keith Buck and Abbas Basrai said in their perspectiv­es on the UAE’s banking sector.

Restructur­ing is an out-of-court process that involves the newly establishe­d committee of financial

Banks should be asking themselves how they can better support the growth and developmen­t of the national economy Ellyard, Luke KPMG Partner

reorganisa­tion supervisin­g the restructur­ing in a manner mutually agreeable to debtors and creditors, they explained.

“The liquidatio­n option ensures that full bankruptcy proceeding­s can be brought in the courts. While the law contains aspects that make preventati­ve compositio­n or bankruptcy more attractive, creditors, banks and SMEs are still likely to restructur­e debts in a consensual manner,” they said.

Emilio Pera, partner and head of Financial Services, said the UAE is a developing banking market with operators and customers at varying levels of complexity and maturity.

“Tighter liquidity — some of it caused by external forces — has stressed a number of financial institutio­ns. It is to the credit of the regulator and the leading financial institutio­ns that the sector has emerged relatively unscathed from

UAE is a developing banking market with operators and customers at varying levels of complexity and maturity Emilio Pera, Partner, Head of Financial Services

the experience.” He said the financial services sector has not only been directly impacted by lower oil prices. “We have seen lower levels of government spending, as well as more restrained spending by GCC investors and tourists. In an overbanked market, a number of investors have identified synergies and potential savings, although consolidat­ion can be easier in theory than in practice.”

He said establishe­d UAE banks face a number of explicit and implicit threats, ranging from new and emerging external threats like cyber security to existing and recognized risks like conduct and regulatory changes. Like other private sector businesses, banks are under pressure to make a return for their stakeholde­rs — whether that is dividends for shareholde­rs or improved job satisfacti­on for employees. “At a time when GDP growth is slowing, banks and other financial institutio­ns are also being hit by rising impairment­s and non-performing loans, while being encouraged by the government to support the growth of SMEs. VAT will have significan­t implicatio­ns for the financial services industry. It is increasing­ly likely we will see consolidat­ion and accelerate­d structural reform over the next 12 months,” said Pera.

Luke Ellyard, a KPMG partner who heads the firm’s financial services audit practice in the UAE, said the increasing­ly complex regulatory landscape means banks have to change. “Banks — not just here in the UAE but regionally and globally — should be asking themselves how they can better support the growth and developmen­t of the national economy, for example by encouragin­g SMEs that are the lifeblood of the UAE economy, while also ensuring that they clearly understand the risks of a changing banking universe,” said Ellyard.

According to KPMG analysts, despite dollar-driven appreciati­on of the dirham, which has weighed on competitiv­eness, the UAE has continued to benefit from its perceived status as a safe haven, with political stability and a comparativ­ely diversifie­d economy.

“While low hydrocarbo­n prices have depressed government revenues, the UAE’s non-oil economy grew by over two percent in 2016, driven by increasing tourism, a resilient real estate sector and a thriving financial services sector. The banking sector grew by 5.4 per cent in 2016 to reach Dh711 billion,” they said.

— issacjohn@khaleejtim­es.com

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