The National - News

Banks can now better support financing needs of SMEs

- HESSAM KALANTAR and PHUMZILE MDAKANE Hessam Kalantar and Phumzile Mdakane are managing partner and counsel, respective­ly, of Kalantar Business Law Group

We often hear about the data points that highlight the importance of small and medium enterprise­s to the local economy, among them that they account for 95 per cent of companies in the UAE and employ 86 per cent of the workforce.

These are remarkable numbers that attest to the UAE’s achievemen­ts in creating a business-friendly centre developed over a long history of mercantile activity, one that has sought to cultivate an environmen­t of entreprene­urship, today a key component of the national agenda. The government recognises the importance of SMEs as a driver of entreprene­urship to help advance economic diversific­ation.

From the launch of Dubai SME in 2002 and the Khalifa Fund in 2007, through to a 2014 SMEs law and the debut of the Emirates Developmen­t Bank a year later, many initiative­s have been introduced over the past two decades to support SMEs.

The EBD’s mandate was, and still is, to provide financial support through a variety of credit offerings that convention­al banks do not normally extend to small companies.

The stimulus measures from the Central Bank of the UAE during Covid-19 to support SME liquidity have also bolstered the sector during the recent macroecono­mic challenges.

However, the 2019 annual report by the Central Bank acknowledg­es that almost two thirds of the SMEs surveyed felt “financiall­y constraine­d” and unable to access credit at a reasonable cost.

Lenders tend to focus on balance sheet data at the expense of analysing cash flow profiles. In addition, they reportedly under-utilise resources such as Al Etihad Credit Bureau, a pointsbase­d credit rating system to help assess creditwort­hiness.

Enter the pandemic. The government and central bank’s stimulus and monetary support response was swift.

The Central Bank conducted a revealing survey which found there was an underwhelm­ing use of AECB, the Etihad Credit Export Insurance (a government trade credit provider geared towards SMEs) and the Moveable Collateral Registry (a repository on which collateral can be registered and searchable by lenders). It said this “may be testament to the lack of awareness about the importance of these services to help reduce borrowing costs and ease access to credit”.

Systemic improvemen­ts under the purview of a federal “small business administra­tion” agency that standardis­es SME borrowing eligibilit­y and provides a level of risk mitigation can help encourage bank lending and increase financial support for deserving SMEs. This also includes reasonable protection­s in case plans go wrong and a default looms.

And what do banks do in the face of a default? The options are: z Do nothing and hope for the best; z Enforce on security and assume the laborious task of monetising assets that lenders would rather not own or manage; z Sell the debt (to the extent there is a secondary market); z Embark on a consensual restructur­ing.

Option 1 is too often the reality outside of large-scale distress scenarios when it is option 4 that best preserves value, avoids uncertaint­y and preempts insolvency.

But restructur­ings require a new business plan or a strategic divestitur­e of assets, all of which demands meaningful stakeholde­r engagement. SMEs are often inadequate­ly advised on these matters, and thus unable to develop sustainabl­e solutions with stakeholde­r buy-in.

They may even be unaware of the “business rescue” principles now reflected in the UAE’s insolvency regime. The federal bankruptcy law allows distressed companies to pursue court-sanctioned negotiatio­ns with creditors to arrive at a financial restructur­ing.

This system has come a long way with modern insolvency laws, including those of Abu Dhabi Global Market and Dubai Internatio­nal Finance Centre.

No matter the sophistica­tion of the insolvency laws, creditors and borrowers alike will always prefer to avoid the vagaries of a court process and hammer out a deal if there is a deal to be had.

A consensual outcome enhances debt recovery in more cases than not, but requires pragmatism and patience. A cohesive framework for greater risk-sharing between banks and government would help SMEs, as would SMEs being wise to the fact that, small though they may be, they have more leverage with regards to their creditors than they think.

Restructur­ings require a strategic divestitur­e of assets, which demands meaningful stakeholde­r engagement

Newspapers in English

Newspapers from United Arab Emirates