IANS | 23 Sep, 2023
The RBI in its draft master directions issued on Thursday has
proposed that lenders should label defaulting borrowers as 'wilful
defaulters' within six months of an account turning non-performing asset
(NPA).
The RBI identifies 'wilful defaulters' as those who have
the ability to pay a bank's dues but do not or divert bank funds. The
RBI did not earlier have a specific timeline within which such borrowers
had to be identified.
A wilful defaulter, or any entity with
which a wilful defaulter is associated, will not get any additional
credit facility from any lender and will not be eligible for
restructuring of credit facility, the circular stated.
The RBI has
proposed that non-banking finance companies (NBFCs) should also be
allowed to tag accounts using the same parameters.
The RBI has
also suggested that banks should set up a review committee and allow the
borrower up to 15 days to make a written representation, as well as a
chance for in-person hearing if needed.
The central bank also said
that lenders would need to complete an investigation into a defaulting
account to determine or rule out 'wilful default' before transferring it
to another lender or an asset reconstruction facility.
“The
directions also aim to put in place a system to disseminate credit
information about wilful defaulters for cautioning lenders to ensure
that further institutional finance is not made available to them," the
circular added.
The RBI said that stakeholders can give feedback
on the draft rules till October 31 through email (wdfeedback@rbi.org.in)
with the subject line 'Feedback on Master Direction – Treatment of
Wilful Defaulters and Large Defaulters'.