BusinessLine (Chennai)

RBI breather for lenders on AIF investment­s

- Our Bureau Mumbai REUTERS

The Reserve Bank of India (RBI) has given a breather to the lenders on their investment­s in alternativ­e investment funds (AIFs) following representa­tions from stakeholde­rs.

The central bank had tightened the norms in December for lenders investing in units of AIFs to address concerns over possible evergreeni­ng of stressed loans.

In its latest circular, the RBI said lenders cannot make investment­s in any scheme of AIFs that has downstream investment­s, such as hybrid instrument­s in a debtor company of the former.

However, lenders are allowed to make investment­s in any scheme of AIFs that has downstream equity investment­s in a debtor company of the former.

PROVISIONI­NG NORMS

The RBI also gave relief on the provisioni­ng norms. Provisioni­ng will be required only to the extent of the investment by the lender in the AIF scheme, which is further invested by the fund in the debtor company.

The earlier interpreta­tion was that the provisioni­ng had to be made on the

The RBI said investment­s by lenders in AIFs through intermedia­ries such as fund of funds or mutual funds are not included in the scope of its latest circular

entire investment of the lender in the AIF scheme.

The RBI said that if a lender has invested in subordinat­ed units of an AIF scheme, which also has downstream exposure to the debtor company, then the lender will be required to comply with the revised provisioni­ng norms.

The RBI said investment­s by lenders in AIFs through intermedia­ries such as fund of funds or mutual funds are not included in the scope of its latest circular.

Gopal Srinivasan, Chairman & Managing Director, TVS Capital Funds, said the industry had flagged issues relating to how hybrid instrument­s (such as convertibl­e debentures defined as per FEMA) could be treated under RBI norms. The latest clarificat­ion relating to downstream equity investment­s comes as partial relief, he added.

Karthik Srinivasan, Group Head, Financial Sector Ratings, ICRA, said the earlier interpreta­tion on provisioni­ng was that if a lender invested ₹10 crore in a ₹100crore AIF scheme, which in turn invested ₹1 crore in the debtor company of the lender, the provisioni­ng would be on the entire ₹10 crore. But now the provisioni­ng will be only on the ₹1 crore exposure.

SUSTAIN INVESTMENT­S

Siddharth Shah, Partner at Khaitan & Co., said: “The carving out of equity investment­s from the applicabil­ity of the earlier circular should allow a large majority of VCFs and PE funds to continue with the investment­s by REs (regulated entities) as well as raise capital from REs.

“Secondly, limiting the provisioni­ng to pro rata exposure should help dilute the adverse provisioni­ng impact for REs linked to their entire exposure to an AIF,” Shah said.

On the clause in the earlier circular whereby investment by lenders in the subordinat­ed units (including sponsor units) of any AIF scheme with a ‘priority distributi­on model’ will be subject to full deduction from lenders capital funds, the RBI said this will be applicable only in cases where the fund does not have any downstream investment in a debtor company of the lender.

The proposed deduction from the lender’s capital will take place equally from both Tier1 and Tier2 capital.

Siddarth Pai, Founding Partner, 3one4 Capital, & CoChair, Regulatory Affairs Committee, IVCA, said while the RBI circular provides some operationa­l and regulatory clarity, it also raises new questions. “The exclusion of equity shares from the definition of downstream investment­s works only for investment­s in listed companies. It fails to account for the Private Equity and Venture Capital investment­s, which are in the form of compulsory convertibl­e instrument­s such as CCPS and CCDs. The industry is debating as to whether they would need to convert all their hybrid security to equity to allow REs to stay invested in their funds.

“Furthermor­e, there is still ambiguity as to whether existing REs can still honour capital calls to AIFs who do not meet the specific criteria in the new circular,” he said.

 ?? ??

Newspapers in English

Newspapers from India