&w=3840&q=100)
Surety bonds' market faces multiple growth challenges despite govt push
The issuance of such bonds remains muted due to several challenges, such as collaboration between banks and insurance firms, data sharing, and regulatory parity, among others
Aathira Varier Mumbai
Listen to This Article
Despite a regulatory and government push, surety bonds — touted as an alternative to bank guarantees — have not gained as much traction as was initially expected. This is largely due to legal challenges in recovery, as insurers are not treated on par with banks under the Insolvency and Bankruptcy Code (IBC), and lack of reliable data which affects accurate pricing and discourages participation from reinsurers.
Surety Bond insurance acts as a risk transfer mechanism protecting the project owner from potential losses if the contractor fails to fulfil their contractual obligations. They are legally enforceable tripartite contracts that guarantee compliance,
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Standard
15 hours ago
- Business Standard
Surety bonds' market faces multiple growth challenges despite govt push
The issuance of such bonds remains muted due to several challenges, such as collaboration between banks and insurance firms, data sharing, and regulatory parity, among others Aathira Varier Mumbai Listen to This Article Despite a regulatory and government push, surety bonds — touted as an alternative to bank guarantees — have not gained as much traction as was initially expected. This is largely due to legal challenges in recovery, as insurers are not treated on par with banks under the Insolvency and Bankruptcy Code (IBC), and lack of reliable data which affects accurate pricing and discourages participation from reinsurers. Surety Bond insurance acts as a risk transfer mechanism protecting the project owner from potential losses if the contractor fails to fulfil their contractual obligations. They are legally enforceable tripartite contracts that guarantee compliance,
Deccan Herald
a day ago
- Deccan Herald
Insolvency regime needs hard reform
The Supreme Court's recent annulment of JSW Steel's Rs 19,700-crore acquisition of Bhushan Power and Steel Ltd (BPSL) under the Insolvency and Bankruptcy Code (IBC) has reignited a deeper question about the balance between legal form and economic function. The Court's reasoning was sound: material deviations from the approved resolution plan were made without returning to the Committee of Creditors (CoC) or the NCLT for consent. Legally, the process mattered. But the implications of this decision go far beyond legality. They touch the foundations of India's financial case serves as a reminder that while India's insolvency regime has made significant progress, the broader financial infrastructure on which it relies remains incomplete. The JSW-BPSL outcome isn't a failure of law; it's a signal that the institutions surrounding it must evolve to support more complex economic resolution plan used a Special Purpose Vehicle, a standard acquisition structure, and financed part of the deal through Optionally Convertible Debentures, an established instrument globally. Yet, under Indian insolvency procedure, such post-approval changes must receive renewed creditor and tribunal consent. The absence of that step rendered the plan invalid, despite repayment having message isn't one of malfeasance or manipulation, but of a system that hasn't yet adapted to the evolving needs of modern restructuring. JSW acted within widely accepted financial logic but discovered that process constraints flexibility. The broader lesson is that strategic capital may hesitate to engage with distressed assets unless resolution mechanisms allow for well-regulated innovation. That holds consequences not only for bidders but also lenders, employees, and the JSW case reveals the need for deeper institutional capacity in insolvency governance. The CoC, composed mainly of banks, brings financial skin in the game, but often lacks the commercial restructuring expertise to evaluate unconventional plans. Meanwhile, the NCLT, pivotal to resolution, continues to face resource to advanced economies, where restructuring decisions are shaped by capital market actors, specialist advisers, and commercial courts, India's process leans heavily on legal formalism. India must bring in independent expertise and strengthen the interplay between legal and financial perspectives to enable effective resolution. Encouragingly, these gaps are not insurmountable; they are reform out, this episode reflects a broader challenge in India's financial evolution. The post-liberalisation decision to convert Development Finance Institutions into commercial banks was bold, but it assumed the rise of a vibrant corporate bond market. That market remains most long-term credit still flows through banks and NBFCs, intermediaries not designed to handle complex risk-pricing over time. Corporate bond issuances are often private, illiquid, and difficult to trade. The result is that bankruptcy resolution ends up doing work that well-functioning capital markets would normally share: absorbing risk, repricing assets, and enabling JSW case demonstrates that even when operations resume and creditors are paid, a procedural lapse can unwind a resolution. For capital to engage sustainably, investors need assurance not just of legality, but of must solution is not to weaken the IBC but to fortify it with institutional and market reforms. A regulated, liquid secondary market for distressed debt would allow for dynamic pricing, risk-sharing, and investor entry without the delays of judicial vital is enhancing the capability of the NCLT. Resolution decisions with major economic impact should benefit from commercial expertise and capital market insight. The process must evolve beyond a legal tribunal into a financially informed once a resolution plan is approved and executed in good faith, it should enjoy legal stability, subject to apparent exceptions like fraud. This would strengthen investor trust. And as India continues its financial modernisation, it's worth reconsidering the current ban on leveraged buyouts, which are globally standard tools that, if properly regulated, can enable efficient asset thoughtful financial structuring should be seen not as a risk, but as a route to economic recovery. Mergers and acquisitions during insolvency are not loopholes but part of the JSW-BPSL episode is not a story of legal overreach or corporate miscalculation; it is a moment of reckoning for how far India's financial ecosystem has come and how much farther it needs to go. It calls for the next chapter of reform: one that builds out institutional capacity, deepens capital markets, and ensures that law and finance move in step, not in conflict. India has made bold strides in building an insolvency regime. With the right reforms, the regime can now deliver not just resolution but real renewal..(The writer teaches finance at IIT Kharagpur)
The Hindu
a day ago
- The Hindu
Is IBC an effective resolution tool?
The story so far: More than eight years have passed since the enactment of India's Insolvency and Bankruptcy Code (IBC). According to data from the Insolvency and Bankruptcy Board of India (IBBI), creditors have realised ₹3.89 lakh crore under the framework, with a recovery rate of over 32.8% against admitted claims. Why was the IBC enacted? India enacted the IBC, its first comprehensive bankruptcy law, in 2016 to improve the overall corporate insolvency resolution process. Shifting control from debtors to creditors, the IBC introduced a time-bound resolution mechanism to streamline bankruptcy proceedings, reduce judicial delays, and improve creditor recoveries. According to current provisions, a maximum timeline of 330 days is allowed to find a resolution for a company admitted into the insolvency resolution process. Otherwise, the company goes into liquidation. So far, the Code has rescued 1,194 companies through resolution plans. Is IBC a preferred route for debt recovery? As per the Reserve Bank of India report on Trend and Progress of Banking in India released in December 2024, the IBC emerged as the dominant recovery route, accounting for 48% of all recoveries made by banks followed by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act (32%), Debt Recovery Tribunals (17%), and Lok Adalats (3%) in the Financial Year 2023-24. The realisation under IBC is more than 170.1% as against the liquidation value. Resolution plans, on average, are yielding 93.41% of the fair value of the Corporate Debtors (CDs), IBBI said. Further, 1,276 cases have been settled through appeal, review, or settlement, and 1,154 cases have been withdrawn under section 12A. The Code has referred 2,758 companies for liquidation, as per IBBI data. Nearly 10 companies are being resolved against five going into liquidation. Has IBC been an effective recovery mechanism? Akshat Khetan, Founder, AU Corporate Advisory and Legal Services, pointed out that IBC has changed the underlying credit culture. As the Supreme Court once observed, 'the defaulter's paradise is lost' and the Code has created a credible threat that ensures timely repayment. On the recovery rate of 32.8%, Mr. Khetan pointed out that it must be interpreted in light of the distressed nature of the assets that come into the IBC process, often after years of erosion. As the National Company Law Appellate Tribunal has rightly remarked in one of its rulings, 'IBC is not a recovery mechanism; it is a resolution framework.' Compared to legacy systems, where recovery rates were often below 20% with timelines extending into decades, a 32.8% realisation is a leap forward, he said. Mr. Khetan also stated that the statistic does not capture qualitative gains, such as job preservation, improved enterprise value, and restored investor confidence. In a framework designed to balance resolution over liquidation, the broader economic impact of IBC far outweighs numerical recovery alone, he said. The provisions of the IBC have prompted debtors to take early action in distress situations, marking a shift in their behaviour. National Company Law Tribunal (NCLT) data show that 30,310 cases were settled prior to admission, covering underlying defaults worth ₹13.78 lakh crore till December 2024. A study by the Indian Institute of Management, Bangalore, submitted to IBBI, said IBC has injected discipline in the credit allocation process and has prompted borrowers to adhere to stipulated payment schedules. The gross non-performing assets of the scheduled commercial banks have declined from a peak of 11.2% in March 2018 to 2.8% in March 2024. A part of that reduction is attributable to resolution processes enabled under IBC, it said. The study also indicated a 3% reduction in the cost of debt for distressed firms post-IBC, compared to non-distressed firms , indicating an improved credit environment for distressed firms. The IBC has had a positive impact on corporate governance, reflected in the increased proportion of independent directors on the boards of companies resolved under the Code. What are the major challenges? In a recent report, India Ratings and Research said that judicial delays and post-resolution uncertainties continue to affect confidence in the IBC framework. Even when resolution applicants are ready and the Committee of Creditors has granted approval, delays at the NCLT continue to push recovery timelines. In several cases, such delays result in extended litigation or failed implementation, increasing the risk of liquidation for a viable asset that requires timely execution, it said. The future insolvencies also raise questions about the Code's readiness to handle non-traditional enterprise defaults. While the IBC is legally broad enough to accommodate various resolution strategies, key commercial elements such as intellectual property valuation, treatment of employee dues, and tech continuity require a clearer treatment under the framework to make it future-ready, India Ratings said. To enhance its effectiveness, India must invest in strengthening tribunal infrastructure, allow for pre-packaged insolvency, and establish jurisprudential guardrails to protect bona fide commercial decisions from post-resolution uncertainty, Mr. Khetan said. While challenges persist, including process delays and recovery rates below expectations, the Code's foundational structure remains sound. As implementation matures and jurisprudence evolves, the IBC is well-positioned to overcome these hurdles and fully realise its transformative potential in India's financial ecosystem, IBBI Chairman Ravi Mital said in the recent quarterly newsletter. Does the SC verdict on Bhushan Steel pose a challenge to IBC? The recent developments in the Bhushan Power and Steel Ltd. case have reignited concerns around the finality of resolution outcomes and the predictability of the framework. While the decision upholds compliance standards, its timing and implications highlight the need for judicial clarity and faster adjudication to sustain investor confidence in the process in the long term, India Ratings said. By questioning a transaction that had been closed and operational for years, it risks unsettling the core principle of commercial certainty. If resolution applicants fear judicial reversals even after significant investment, they may hesitate to bid, undermining the IBC's very purpose. The Bhushan verdict thus underscores the need for legal sanctity once a resolution plan is approved and implemented, Mr. Khetan said. The IBC is not merely a piece of economic legislation, it is the backbone of India's credit ecosystem. Its future lies in striking a fine balance between judicial oversight and economic pragmatism. As India aspires to become a $5 trillion economy, robust and predictable insolvency mechanisms are indispensable. The Code must remain nimble, continually evolving to meet emerging realities while ensuring that commercial wisdom is not second-guessed endlessly, he said. Almost 78% of the ongoing Corporate Insolvency Resolution Process (CIRP) cases have exceeded 270 days, post-admission by the NCLT, as on March 31, 2025, ratings agency ICRA said. A sustained momentum would be needed to minimise haircuts for lenders, which remain high at 67%, it said. Nevertheless, some of the recent judgments reinforce the need for timely and transparent resolution, thereby putting greater onus on the Committee of Creditors (CoC) and NCLT. However, such rulings may also impact investor confidence in stressed assets setting precedents that the decision made by the CoC and the NCLT may be challenged and overturned by the judicial system, thus impacting the effectiveness of the resolution process, ICRA said.
