Introduction

A hands-on 2-day workshop on recognizing emerging problem transactions and implementing a process for effectively managing and maximizing recoveries, with reference to the Insolvency & Bankruptcy Code

Banks that effectively manage their non-performing transactions understand the need for a disciplined structured approach to this key issue. This programme specifically addresses the management of non-performing transactions in India following the approval and implementation of the Insolvency and Bankruptcy Code (‘IBC’).

The workshop will cover fundamental issues and solutions:
• Why borrowers and investees fail: the well-documented causes of failure, and how they differ from warning signals of impending failure 
• Financial and non-financial warning signals of impending failure 
• What a bank should do when a borrower defaults or looks like it is about to default 
• The five basic strategies available to a bank, and how to select the mix of strategies that suits each individual non-performing loan 
• Practical measures in implementing the strategy identified for each non-performing loan and default
• Accountability: ensuring that lessons are learned from non-performing loan losses

The emphasis of the Workshop:
• Practical 'know-how' from a seasoned practitioner who has many years of hands-on, practical knowledge in the management of non-performing transactions in Australia and across the Asia-Pacific and African regions, including more than 3 years managing non-performing loans and equities for the Asian Development Bank, and a 12-month contract managing non-performing loans for the African Development Bank 
• Key emerging threats and vulnerabilities in banks’ loan portfolios 
• The importance of acting quickly to take control of an actual or potential default 
• The five alternative key strategies for the management of non-performing transactions, and how to apply critical elements of the four strategies to each non-performing loan

Each session will be supported by an interactive discussion, real-life examples and a range of exercises carefully designed to illustrate the issues under discussion

Benefits of Attending:- 

  • • Be able to implement the necessary monitoring processes to enable early identification of possible default
  • • Know how to take control of identified problem loans & equities before or after default
  • • Have the understanding to devise the appropriate blend of strategies for each non-performing loan
  • • Be able pro-actively to take control of and drive the strategy so as to minimize their bank’s losses on non-performing loans and equitie

Each session will comprise:

  • •Formal presentation on each topic by the presenter
  • • Interactive discussion between participants, drawing on their own experiences of non-performing loans and equities in the Asia-Pacific region
  • •Case studies and exercise drew both from the presenter’s own experiences and materials drawn from ADB loans and investments

Who Should Attend?

• Head of restructuring, recovery and stressed loans 
• Head of special asset/ workout groups 
• Legal counsel specializing in insolvency, restructurings and/or distressed debt
• Investors in distressed debt and NPLs (e.g. hedge funds, private equity funds, etc) 
• Asset Management Companies (AMC’s) / Asset Reconstruction Companies (ARC’s)
• Chief Credit Officer
• Chief Credit – Risk Officer
• Chief Risk Officer
• Project Finance Officers
• Officer’s focusing on loan monitoring, asset management, and/or loan recovery 


Agenda

Day 1

Session 1: Understanding why companies fail – if the cause(s) can’t be identified, the solution cannot be identified either

Session 2: The new Bankruptcy & Insolvency Code Presented by lawyers

 • Basic principles of the new Code
 • How does it change things for Indian bankers?
 • How does it change things for corporate and commercial borrowers in India?
 • How does it change things for guarantors, sponsors, directors and other exposed parties in India?

Session 3: Warning signals of potential failure:

 • Financial signals
 • Non-financial signals

Session 4: Identifying the appropriate strategy:

 • Due diligence, investigating accountants’ reports, expert advice, etc.
 • Legal briefing on the impact of the new Code on determining and implementing the alternative strategies  Presented by lawyers
 • Issues arising from the globalized financial market, the global financial crisis, the spread of derivative products
 • Meaningful dialogue with stakeholders:
 - Other lenders & different levels of priority
 - Actual & contingent creditors
 - Minority shareholders, the controlling family & others
 - Government agencies
 - Franchisees & others
 • Environmental risk

Session 5: How a bank should handle problem loans:

 • Reliable, accurate, meaningful & relevant forecasts
 • Selecting the appropriate strategy
 • Dealing with the borrower’s immediate needs
 • Implementing a bank-relevant reporting system within the borrower
 • Establishing & maintaining approvals within the bank
 • Shadow directorships
 • Lender liability

Day 2

Restructuring:

 • Identifying the sustainable business
 • Devising the appropriate structure through understanding the respective strengths & weaknesses of the various parties
 • Contributions towards the restructuring:
 • Dealing with non-core businesses
 • Dealing with non-core assets
 • Dealing with intangible & incomplete assets

Alternative approaches when negotiations fail:

 • Litigation
 • Aggressive collection
 • Arbitration
 • Mediation
 • Review of director conduct & preferential payments
 • Does the new Code facilitate alternative approaches, and how does it impact on timing?


Experts

Image

Andrew McRobert

Commercial Banker, and a leading expert on International restructuring, and cross-border insolvency situations
Image

Veena Sivaramakrishnan

Partner, Shardul Amarchand Managaldas
Image

Ambarish

Partner, Shardul Amarchand Mangaldas

Want to be part of it?

VCC Events opens up the avenues for participation. Join hands to be a part of India’s largest gathering of alternative investments leaders, industry stakeholders and Asia’s influential limited partners, general partners and marquee advisors. Your chance to actively participate and augment yourself as thought leaders.


Venue :

Hotel Four Seasons, Mumbai

Date: July 30-31, 2019
Venue: Hotel Four Seasons, Mumbai


Do you have any queries?

Drop us a line and we will call you.

I confirm that Mosaic Digital can share my information for commercial purposes with partners/sponsors and I can be contacted for business purposes.