The Reserve Bank of India (RBI) has issued a comprehensive master direction for asset reconstruction companies (ARCs), which will come into effect from April 24, 2024. These guidelines aim to enhance the regulatory framework for ARCs and ensure their financial stability and effectiveness in resolving distressed assets.
Minimum Capital Requirement
ARCs are required to maintain a minimum capital of Rs 300 crore, a significant increase from the previous requirement of Rs 100 crore set on October 11, 2022. Existing ARCs are given a transition period until March 31, 2026, to meet this new minimum requirement. Non-compliance with these regulations will lead to supervisory actions, potentially including restrictions on conducting further business activities until compliance is achieved.
Role in Resolution Process
ARCs with a minimum Net Owned Fund (NOF) of Rs 1000 crore are eligible to act as resolution applicants. They are permitted to invest in various financial instruments, including government securities, deposits with specified financial institutions, and short-term instruments such as money market mutual funds and corporate bonds, subject to certain limitations and regulations.
Investment Guidelines
Investments in short-term instruments by ARCs are capped at 10% of their Net Owned Fund (NOF), with specific criteria regarding credit ratings. Short-term instruments must have a rating equivalent to AA- or above by an eligible credit rating agency (CRA).
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