Can I get my loan restructured due to financial stress after taking a bank loan?

Question

My business has faced financial stress and I want to restructure my bank loan instead of it turning into an NPA. What is the process? Before I spend money on it, I want to know whether RBI Prudential Framework for Resolution of Stressed Assets 2019 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

RBI Prudential Framework for Resolution of Stressed Assets 2019, RBI Resolution Framework for COVID-19 Related Stress 2021 and Banking Regulation Act 1949, Section 35AA is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

RBI's Prudential Framework requires lenders to identify stress signs early and can enter into an Inter-Creditor Agreement to formulate a resolution plan within a review period, generally 30 days from default.

Restructuring involves modification of loan terms such as extension of tenure, reduction of interest rate, or conversion of debt into equity, agreed upon by the requisite majority of lenders.

Under special resolution frameworks announced during stress events, eligible borrowers meeting specified criteria could get one-time restructuring without automatic downgrade to NPA, subject to lender board-approved policies.

Any restructuring must be implemented following board-approved policies of the lender and cannot be selectively denied to similarly placed borrowers without reasonable justification.

If restructuring fails or borrowers do not comply with revised terms, the account can still be referred for insolvency proceedings under the IBC by the lenders.

In practice, in this order: 1) Apply in writing to your lender for restructuring, providing details of financial stress and repayment capacity; 2) Request details of the lender's board-approved restructuring policy applicable to your loan category; 3) Negotiate for extended tenure or reduced EMI while ensuring you get restructuring terms in writing before NPA classification; 4) If restructuring is refused arbitrarily, escalate to the RBI Ombudsman citing deficiency in service.

Timing matters here: RBI Prudential Framework for Resolution of Stressed Assets 2019 works on limitation periods, so a loan restructuring stressed assets claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in banking law.