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Wilful Defaulter

WILLFUL_DEFAULTER

  • A wilful defaulter is a borrower who:
  • Outstanding Dues: Has an outstanding loan amount of ₹25 lakh or more.
    • Deliberate Default: Intentionally defaults on repayment despite having the capacity to repay.
    • Misuse of Funds: Misappropriates or diverts loan funds for purposes other than those approved.
    • Asset Mismanagement: Sells or disposes of assets pledged as loan security without informing the lender.
    • Equity Infusion Failure: Fails to inject required equity into the business despite having the financial means.

Large Defaulters

  • A large defaulter is defined as a borrower with:
    • Outstanding Amount: Dues of ₹1 crore or more.
    • Account Classification: Accounts classified as doubtful or loss.
    • Legal Proceedings: Accounts where legal action has been initiated for recovery.

Identification Process

  • The process to identify wilful defaulters involves:
    • Formation of Identification Committee: Lenders must establish a committee to examine evidence of wilful default.
    • Show Cause Notice: If evidence is found, a notice is issued to the borrower and concerned parties, providing an opportunity to respond.
    • Review Committee: A separate committee reviews the findings and confirms the classification of wilful default.
    • Timeframe: The entire process should be completed within six months of the account being classified as a Non-Performing Asset (NPA).

Consequences for Wilful Defaulters

  • Identified wilful defaulters face several stringent measures:
    • Credit Restrictions: Prohibition from obtaining further loans from any financial institution.
    • Public Disclosure: Publication of names to inform other lenders and the public.
    • Management Restrictions: Debarment from holding managerial positions in companies for a specified period.
    • Legal Actions: Initiation of civil and criminal proceedings for recovery of dues.
    • Asset Recovery: Banks may take possession of assets pledged as security to recover the loan amount.

Regulatory Framework

  • The Reserve Bank of India (RBI) has established comprehensive guidelines to address wilful defaults:
    • Master Circular on Wilful Defaulters: Provides detailed instructions on identifying and dealing with wilful defaulters.
    • Timely Identification: Mandates that lenders classify a borrower as a wilful defaulter within six months of the account becoming an NPA.
    • Reporting Requirements: Requires banks to report details of wilful defaulters to Credit Information Companies for dissemination among lenders.
    • Legal Proceedings: Encourages initiation of legal action against wilful defaulters, including criminal proceedings if necessary.

Recent Developments

  • In July 2024, the RBI issued updated directions emphasizing:
    • Enhanced Due Process: Ensuring borrowers have the opportunity to respond before being declared as wilful defaulters.
    • Strengthened Monitoring: Requiring banks to establish special committees to monitor and follow up on cases of fraud and wilful default.
    • Early Warning Systems: Implementation of frameworks to detect early signs of potential defaults.

Challenges and Criticisms

  • Despite stringent regulations, challenges persist:
    • Delayed Identification: Prolonged timelines in classifying wilful defaulters can delay corrective actions.
    • Legal Hurdles: Lengthy legal processes often hinder swift recovery of dues.
    • Political and Social Factors: Influence of defaulters can obstruct enforcement actions.
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