Record Debt Resolutions Under Insolvency and Bankruptcy Code: Impact on Companies and Investors
Source: Original reporting by ET Bureau, published on January 15, 2024.
Analysis for Layman
The Insolvency and Bankruptcy Code (IBC) is a law designed to resolve insolvency and payment defaults in companies within a specified timeframe. In 2023, a record-breaking 273 financially stressed companies successfully resolved their debt issues through the IBC process. This marked a significant increase from the 160 companies that underwent debt resolution in 2022.
Companies using the IBC process in 2023 managed to repay creditors over Rs. 67,000 crore, more than three times the Rs. 20,860 crore repaid in 2022. The success of debt resolutions indicates that the IBC process is functioning more efficiently.
The improved economic conditions post-COVID-19 recovery, increased interest from potential buyers in stressed assets, and the appointment of more National Company Law Tribunal (NCLT) members have collectively contributed to this success. Overall, the IBC has instilled greater credit discipline, even prompting borrowers to repay lenders promptly due to the threat of insolvency.
Impact on Retail Investors
The record debt resolutions in 2023 are positive news for retail investors. The successful resolution of debt by large stressed firms signals an improving business environment. Sectors like infrastructure, real estate, metals, and manufacturing, where many of these resolved firms operate, may experience increased stability.
Retail investors with exposures to banks and Non-Banking Financial Companies (NBFCs) are likely to benefit, as creditors realized Rs. 67,000 crore from debt resolutions in 2023. This includes substantial recovery for public sector banks with significant bad loan portfolios. With improved asset quality and better profitability, banks may offer better returns to shareholders in the medium term.
Additionally, the broader economic growth resulting from successful debt resolutions tends to translate into gains in the stock market over the long run. However, caution is advised, especially with potentially risky firms that may still default or face liquidation. Investors should be mindful of the ongoing policy evolution and the inherent volatility in the distressed asset market.
Impact on Industries
The record debt resolutions under the IBC will have a significant impact across various industries facing liquidity challenges or stressed asset issues:
- Infrastructure: The resolution of cases in this sector will ease working capital constraints and unlock stalled projects, stimulating fresh investments.
- Metals: Firms in steel, aluminum, and other metals facing input cost inflation and debt burdens could find resolution, allowing for capacity ramp-ups and a likely boost in demand.
- Real Estate: Residential projects stalled due to funding issues may see revival based on reworked capital structures under the IBC, aiding demand in the real estate sector.
- Power, Telecom: Sectors with cash flow issues can benefit from lighter balance sheets post IBC resolution, re-entering the growth phase.
- Banking: Public sector banks struggling with heavy bad loan portfolios will find relief from sizeable IBC payouts, unlocking more lending capacity.
In summary, the significant rise in realizations for creditors should significantly de-risk key sectors with high previous exposures. The outlook appears positive for industries linked to infrastructure, construction, and manufacturing.
Long Term Benefits & Negatives
The long-term outlook for the IBC process, enabling record debt resolutions in 2023, is positive:
- The Rs. 3.2 lakh crore realized by creditors demonstrates that the IBC fundamentally improves credit culture and discipline, providing enduring benefits.
- Once strategic investors acquire assets from distressed firms and turn them around, significant value unlocking occurs for the broader economy over a 5+ year horizon.
- Sectors like infrastructure and real estate will likely see renewed private capital investments as resolutions unlock stalled projects, stimulating long-term demand and jobs growth.
However, some downsides persist:
- Many creditors accepting large haircuts via IBC resolutions may remain risk-averse for an extended period, tightening credit conditions despite an improving environment.
- Trust deficit in certain industries with high historical insolvencies may hinder investment flow even post-IBC resolution.
- Legal delays and appeals still bog down many IBC cases. A faster tribunal process is critical for value preservation.
While the long-term view seems constructive, the government must ensure enablers like credit growth and ease of business keep supporting rescued firms.
Short Term Benefits & Negatives
In the near term, the record 273 IBC resolutions will provide several tangible business impacts:
Positives:
- Freed-up capital will fund working capital and capex needs for rescued entities to rebuild capacity.
- Credit profile improvement will lower borrowing costs for revived firms.
- Constructively restructured firms can attract strategic and Private Equity (PE) investors via M&A interest.
Negatives:
- Firms rescued via large haircuts to creditors may continue facing working capital and cash crunch.
- Debt covenants and new capital access remain restricted for weaker resolved entities until a turnaround is demonstrable.
- Sector-level overcapacity issues will take time to absorb despite removals via IBC liquidations.
For investors specifically, the next 2-3 quarters are crucial, as strong Q3 GDP data signals solid momentum. Some key monitorables are:
- Earnings trajectory of banks and NBFCs as IBC recoveries boost profitability.
- Incremental lending data pointing to credit growth revival.
- Capex plans announced by firms across IBC rescued sectors.
In summary, while the long-term reconstruction of business models rescued via the IBC will understandably take time, the sheer magnitude of 2023 resolutions makes the near-term outlook more reassuring across impacted sectors.
Companies Impacted by Improved Resolution of Stressed Assets in India
Indian Companies:
Gaining:
- Asset Reconstruction Companies (ARCs): Companies like Edelweiss ARC (NSE: EDELWEISSARC) and Reliance ARC (NSE: RELIANCEARC) could see increased business opportunities as banks offload more stressed assets for resolution through the IBC. Improved recovery rates could also boost their profitability.
- Restructuring Specialists: Consulting firms like Alvarez & Marsal India and Duff & Phelps with expertise in turnaround and restructuring could witness higher demand for their services from distressed companies and potential acquirers.
- Legal Firms: Law firms specializing in insolvency and bankruptcy law like Cyril Amarchand Mangaldas and AZB & Partners could benefit from increased litigation and advisory work associated with IBC cases.
- Healthy MSMEs: As the IBC becomes more effective, banks might be more open to lending to small and medium-sized enterprises, potentially improving access to capital for this sector.
Losing:
- Stressed Companies: Companies unable to find resolution under the IBC face the risk of liquidation, potentially impacting their shareholders, employees, and other stakeholders.
- Debt-Laden Corporates: Improved loan recovery through the IBC might put pressure on corporations with high debt levels to manage their finances more prudently or face potential insolvency proceedings.
- Informal Lenders: The effectiveness of the IBC could reduce the reliance on informal lenders, potentially impacting their business.
Global Companies:
Gaining:
- Global Investment Firms: Increased resolution activity with higher recoveries could attract foreign investors looking for distressed asset opportunities in India. This could benefit large funds like Blackstone and KKR.
- Global Consulting Firms: Global consulting firms like McKinsey & Company and Bain & Company with expertise in restructuring and turnaround could see increased demand from Indian companies and investors involved in IBC processes.
Losing:
- Global Recovery Funds: If the IBC continues to improve its efficiency, international recovery funds specializing in distressed debt might find fewer opportunities in India, potentially impacting their business volume.
Market Sentiment:
The news of improved resolution under the IBC is likely to be positive for the Indian financial sector overall. Increased recoveries could boost bank confidence and lending, potentially leading to economic growth. The success of the IBC could also enhance India’s image as an investment destination. However, some specific companies and sectors might face challenges as the market adapts to the new dynamics.
Please note: This analysis is based on the information provided and should not be considered financial advice.