RISK SHARING FACILITY FOR MICRO AND SMALL ENTERPRISES
The Board of Trustees of Credit Guarantee Fund Trust for Micro and Small Enterprises, having decided to frame a Scheme for the purpose of providing guarantees to a substantial extent in respect of credit facilities to borrowers in the Micro and Small Enterprises, hereby make the following Scheme:
1. Title and date of commencement
(i) The Scheme shall be known as the Risk Sharing Facility for Micro and Small Enterprises (RSFMSE)
(ii) It shall come into force from third day of September, 2008, hereinafter referred to as the "appointed date".
(iii) It shall cover eligible credit facility extended by the lending institutions to eligible borrowers effective third day of September, 2008.
For the purposes of this Scheme -
(i). "Amount in Default" means the amount outstanding in the account(s) of the borrower in respect of term loan and amount of outstanding working capital facilities, subject to a maximum of fund based working capital limit sanctioned as on the date of the account becoming NPA or such of the date as may be specified by the Trust, for preferring any claim on the Trust against the guarantee cover.
(ii). "Collateral security" means the security provided in addition to the primary security, in connection with the credit facility extended by a lending institution to a borrower.
(iii). "Credit facility" means any financial assistance by way of term loan and / or fund based and non fund based working capital facilities (cash credit, bills purchased or discounted, Letter of Credit (inland), Bank Guarantees etc.) extended by the lending institution to the eligible borrower. For the purpose of calculation of guarantee fee, the "credit facility extended" shall mean the amount of financial assistance committed by the lending institution to the borrower, whether disbursed or not. For the purpose of the calculation of service fee the credit extended shall mean the amount covered for guarantee by CGTMSE.
(iv). "Eligible borrower" means new or existing micro and small enterprises to which credit facility has been provided by the lending institutions without any collateral security and / or third party guarantees.
(v). 'Guarantee Cover' means maximum cover available per eligible borrower which shall not exceed 50 per cent of the amount in default in respect of credit facility extended by the lending institution, subject to maximum of Rs. 50 lakh (Rupees fifity lakh only).
(vi). "Lending institution(s)" means a commercial bank for the time being included in the second Schedule to the Reserve Bank of India Act, 1934 as may be specified by the Trust from time to time. The Trust may, on review of the performance, remove any of the lending institution from the list of eligible institutions.
(vii). "Material date" means the date on which the guarantee fee on the amount covered in respect of eligible borrower becomes payable by the eligible institution to the Trust.
(viii). "NPA" means an asset classified as a non-performing based on the instructions and guidelines issued by the Reserve Bank of India from time to time.
(ix). "Primary security" in respect of a credit facility shall mean the assets created out of the credit facility so extended and/or which are directly associated with the project or business for which the credit facility has been extended.
(x). "Prime Lending Rate" for a lending institution means the rate so declared by that lending institution for the relevant time period / duration for which the credit facility has been extended.
(xi). "Scheme" means the Risk Sharing Facility for Micro and Small Enterprises (RSFMSE)
(xii). "SIDBI" means the Small Industries Development Bank of India, established under Small Industries Development Bank of India Act, 1989 (39 of 1989).
(xiii). "Micro and Small Enterprises" means enterprises both in the manufacturing sector as well as in the service sector excluding retail trade, in respect of which an affidavit has been furnished by the owners or other parties entitled to act for that undertaking or the lending institution seeking guarantee has satisfied itself that the investment in plant and machinery is not in excess of such amounts as may be specified by the Central Government in regard thereto and subject to such other terms and conditions as may be prescribed by the Government or the Trust in this behalf.
(xiv). "Tenure of guarantee cover" means the maximum period of guarantee cover which shall run through the agreed tenure of the term credit and for a period of 5 years where working capital facilities alone are extended, or for such period as may be specified by the Trust.
(xv). "Trust" means the Credit Guarantee Fund Trust for Micro and Small Enterprises set up by Government of India and SIDBI with the purpose of guaranteeing credit facility(ies), extended by the lending institution(s) to the eligible borrowers.
SCOPE AND EXTENT OF THE SCHEME
3. Guarantees by the Trust
Subject to the other provisions of the Scheme, the Trust undertakes, in relation to credit facilities extended to an eligible borrower from time to time by an eligible institution which has entered into the necessary MoU / agreement for this purpose with the Trust, to provide a guarantee on account of the said credit facilities.
The Trust reserves the discretion to accept or reject any proposal referred by the lending institution which otherwise satisfies the norms of the Scheme.
4. Credit facilities eligible under the Scheme
The Trust shall cover credit facilities extended, by eligible lending institution(s) which meet the internal rating criteria for sanction of credit in respect of a single eligible borrower for a minimum of Rs.50 lakh and not exceeding Rs.100 lakh, by way of term loan and / or working capital facilities on or after entering into an agreement with the Trust, to Micro and Small Enterprises, without any collateral security and / or third party guarantees.
Provided that, the lending institution applies for a guarantee cover within a period of 90 days from the date of sanction;
Provided further that, as on the material date
(i) the dues to the lending institution have not become bad or doubtful of recovery; and / or
(ii) the business or activity of the borrower for which the credit facility was granted has not ceased ; and / or
(iii) the credit facility has not wholly or partly been utilised for adjustment of any debts deemed bad or doubtful of recovery, without obtaining a prior consent in this regard from the Trust.
5. Credit facilities not eligible under the Scheme
The following credit facilities shall not be eligible for being guaranteed under the Scheme: -
(i) Any credit facility in respect of which risks are additionally covered under a scheme operated / administered by Deposit Insurance and Credit Guarantee Corporation or the Reserve Bank of India, to the extent they are so covered.
(ii) Any credit facility in respect of which risks are additionally covered by Government or by any general insurer or any other person or association of persons carrying on the business of insurance, guarantee or indemnity, to the extent they are so covered.
(iii). Any credit facility which does not conform to, or is in any way inconsistent with, the provisions of any law, or with any directives or instructions issued by the Central Government or the Reserve Bank of India, which may, for the time being, be in force.
(iv). Any credit facility granted to any borrower, who has availed himself of any other credit facility covered under this scheme or under the schemes mentioned in clause (i), (ii) and (iii) above, and where the lending institution has invoked the guarantee provided by the Trust or under the schemes mentioned in clause (i), (ii) and (iii) above, but has not repaid any portion of the amount due to the Trust or under the schemes mentioned in clause (i), (ii) and (iii) above, as the case may be, by reason of any default on the part of the borrower in respect of that credit facility.
(v). Any credit facility which has been sanctioned by the lending institution against collateral security and / or third party guarantee.
(vi). Any credit facility which has been sanctioned by the lending institution with the interest rate more than 3% over the Prime Lending Rate of that lending institution.
(vii). Credit facilities extended by the lending institution jointly with any other institution shall not be eligible for guarantee cover.
(viii) The following activities shall not be eligible for coverage under the scheme:
Production or activities involving harmful or exploitative forms of forced labour / harmful child labour.
Production or trade in any product or activity deemed illegal host under India's laws or regulations or international conventions and agreements.
Production or trade in weapons and munitions.
Gambling, casinos and equivalent enterprises.
Trade in wildlife or wildlife products regulated under CITES
Production or trade in radioactive materials.
Production or trade in or use of unbonded asbestos fibers.
Production or trade in wood or other forestry products from unmanaged forests.
Production or trade in products containing PCBs.
Production, trade, storage, or transport of significant volumes of hazardous chemicals, or commercial scale usage of hazardous chemicals.
Production or trade in pharmaceuticals subject to international phase outs or bans.
Production or trade in pesticides / herbicides subject to international phase outs or bans.
Production or trade in ozone depleting substances subject to international phase out.
Drift net fishing in the marine environment using nets in excess of 2.5 km. in length.
Production or activities that impinge on the lands owned, or claimed under adjudication, by indigenous peoples, without full documented consent of such people
Tobacco, unmanufactured, tobacco refuse
Tobacco, manufactured (whether or not containing tobacco substitutes)
Radioactive and associated material Pearls, precious and semiprecious stones, unworked or worked
Nuclear reactors, and parts thereof; fuel elements (cartridges), non-irradiated, for nuclear reactors
Tobacco processing machinery
Jewelry of gold, silver or platinum group metals (except watches and watch
cases) and goldsmiths' or silversmiths' wares (including set gems)
Gold, non-monetary (excluding gold ores and concentrates)
6. Memorandum of Understanding (MoU) / Agreement to be executed by lending institution
A lending institution shall not be entitled to a guarantee in respect of any eligible credit facility granted by it unless it has entered into an Memorandum of Understanding (MoU) / agreement with the Trust in such form as may be required by the Trust for covering by way of guarantee, under the Scheme all the eligible credit facilities granted by the lending institution, for which provision has been made in the Scheme.
7. Responsibilities of lending institution under the scheme:
(i). The lending institution shall evaluate credit applications by using prudent banking judgement and shall use their business discretion / due diligence in selecting commercially viable proposals and conduct the account(s) of the borrowers with normal banking prudence.
(ii). The lending institution shall closely monitor the borrower account.
(iii). The lending institution shall safeguard the primary securities taken from the borrower in respect of the credit facility in good and enforceable condition.
(iv). The lending institution shall ensure that the guarantee claim in respect of the credit facility and borrower is lodged with the Trust in the form and in the manner and within such time as may be specified by the Trust in this behalf and that there shall not be any delay on its part to notify the default in the borrowers account which shall result in the Trust facing higher guarantee claims.
(v). The payment of guarantee claim by the Trust to the lending institution does not in any way take away the responsibility of the lending institution to recover the entire outstanding amount of the credit from the borrower. The lending institution shall exercise all the necessary precautions and maintain its recourse to the borrower for entire amount of credit facility owed by it and initiate such necessary actions for recovery of the outstanding amount, including such action as may be advised by the Trust.
(vi). The lending institution shall comply with such directions as may be issued by the Trust, from time to time, for facilitating recoveries in the guaranteed account, or safeguarding its interest as a guarantor, as the Trust may deem fit and the lending institution shall be bound to comply with such directions.
(vii). The lending institution shall, in respect of any guaranteed account, exercise the same diligence in recovering the dues, and safeguarding the interest of the Trust in all the ways open to it as it might have exercised in the normal course if no guarantee had been furnished by the Trust. The lending institution shall, in particular, refrain from any act of omission or commission, either prior to or subsequent to invocation of guarantee, which may adversely affect the interest of the Trust as the guarantor. In particular, the lending institution should intimate the Trust of entering into any compromise or arrangement which may have the effect of discharge or waiver of personal guarantee(s) or security. The lending institution shall also ensure either through a stipulation in an agreement with the borrower or otherwise, that he shall not create any charge on the security held in the account covered by the guarantee for the benefit of any account not covered by the guarantee, with itself or in favour of any other creditor(s) without the prior written approval of the Trust. Further the lending institution shall secure for the Trust or its appointed agency, through a stipulation in an agreement with the borrower or otherwise, the right to list the defaulted borrowers' names and particulars on the Website of the Trust.
8. Guarantee Fee and Annual Service Fee
(i). A one time guarantee fee at specified rate (currently 0.75 per cent) of the credit facility sanctioned, (comprising term loan and / or working capital facility) shall be paid upfront to the Trust by the eligible institution availing of the guarantee.
(ii). The annual service fee at specified rate (currently 0.375% per annum) on the guaranteed amount, shall be paid by the lending institution within 60 days, i.e. on or before May 31 of every year. In the event of non-payment of annual service fee by May 31 of that year or any other specified date, the guarantee under the scheme shall not be available to the lending institution unless the Trust agrees for continuance of guarantee and the lending institution pays penal interest on the service fee due and unpaid, with effect from the subsequent June 01, at four per cent over Bank Rate, per annum, or at such rates specified by the Trust from time to time, for the period of delay.
Provided further that in the event of non-payment of annual service fee within the stipulated time or such extended time that may be agreed to by the Trust on such terms, liability of the Trust to guarantee such credit facility would lapse in respect of those credit facility against which the service charges are due and not paid,
Provided further that, the Trust may consider renewal of guarantee cover for such of the credit facility upon such terms and conditions as the Trust may decide.
In the event of any error or discrepancy or shortfall being found in the computation of the amounts outstanding on account of the eligible credit facilities as aforesaid or in the calculation of the guarantee fee / annual service fee, such deficiency / shortfall shall be paid by the eligible lending institution to the Trust together with interest on such amount at a rate of four per cent over and above the Bank Rate, or as may be prescribed by the Trust from time to time. Any amount found to have been paid in excess would be refunded by the Trust. In the event of any representation made by the lending institution in this regard, the Trust shall take a decision based on the available information with it and the clarifications received from the lending institution, and its decision shall be final and binding on the lending institution.
(iii). The amount equivalent to the guarantee fee and / or the service fee payable by the eligible lending institution may be recovered by it, at its discretion from the eligible borrower.
9. Extent of the guarantee
The Trust shall provide guarantee cover of up to 50% of the amount in default of the credit facility extended by the lending institution to an eligible borrower, subject to a maximum amount of Rs. 50 lakh (Rupees Fifty lakh only) per borrower. The guarantee cover will commence from the date of payment of guarantee fee and shall run through the agreed tenure of the term credit in respect of term credit / composite credit. Where working capital alone is extended to the eligible borrower, the guarantee cover shall be for a period of 5 years or a block of 5 years, or for such period as may be specified by the trust in this behalf.
10. Invocation of guarantee
(i) The lending institution may invoke the guarantee in respect of eligible credit facility if the following conditions are satisfied: -
a. the guarantee in respect of that credit facility is in force;
b. the lock-in period of 24 months from either the date of last disbursement of the loan to the borrower or the date of payment of the guarantee fee in respect of credit facility to the borrower, whichever is later, has elapsed;
c. the amount due and payable to the lending institution in respect of the credit facility has not been paid and the dues have been classified by the lending institution as Non Performing Assets. Provided that the lending institution shall not make or be entitled to make any claim on the Trust in respect of the said credit facility if the loss in respect of the said credit facility had occurred owing to actions / decisions taken contrary to or in contravention of the guidelines issued by the Trust
d. the loan facility has been recalled and the recovery proceedings have been initiated under due process of law;
(ii) The claim should be preferred by the lending institution in such manner and within such time as may be specified by the Trust in this behalf.
The Trust shall pay 75 per cent of the guaranteed amount on preferring of eligible claim by the lending institution, within 30 days, subject to the claim being otherwise found in order and complete in all respects. The Trust shall pay to the lending institution interest on the eligible claim amount at the prevailing Bank Rate for the period of delay beyond 30 days. The balance 25 per cent of the guaranteed amount will be paid on conclusion of recovery proceedings by the lending institution. On a claim being paid, the Trust shall be deemed to have been discharged from all its liabilities on account of the guarantee in force in respect of the borrower concerned.
(iii). In the event of default the lending institution shall exercise its rights, if any, to takeover the assets of the borrowers and the amount realised, if any, from the sale of such assets or otherwise shall first be credited in full by the lending institutions to the Trust before it claims the remaining 25 per cent of the guaranteed amount.
(iv). The lending institution shall be liable to refund the claim released by the Trust together with penal interest at the rate of 4% above the prevailing Bank Rate, if such a recall is made by the Trust in the event of serious deficiencies having existed in the matter of appraisal / renewal / follow-up / conduct of the credit facility or where lodgement of the claim was more than once or where there existed suppression of any material information on part of the lending institutions for the settlement of claims. The lending institution shall pay such penal interest, when demanded by the Trust, from the date of the initial release of the claim by the Trust to the date of refund of the claim.
11. Subrogation of rights and recoveries on account of claims paid
(i) The lending institution shall furnish to the Trust, the details of its efforts for recovery, realisations and such other information as may be demanded or required from time to time. The lending institution will hold lien on assets created out of the credit facility extended to the borrower, on its own behalf and on behalf of the Trust. The Trust shall not exercise any subrogation rights and that the responsibility of the recovery of dues including takeover of assets, sale of assets, etc., shall rest with the lending institution;
(ii) In the event of a borrower owing several distinct and separate debts to the lending institution and making payments towards any one or more of the same, whether the account towards which the payment is made is covered by the guarantee of the Trust or not, such payments shall, for the purpose of this clause, be deemed to have been appropriated by the lending institution to the debt covered by the guarantee and in respect of which a claim has been preferred and paid, irrespective of the manner of appropriation indicated by such borrower or the manner in which such payments are actually appropriated.
(iii) Every amount recovered and due to be paid to the Trust shall be paid without delay, and if any amount due to the Trust remains unpaid beyond a period of 30 days from the date on which it was first recovered, interest shall be payable to the Trust by the lending institution at the rate which is 4% above Bank Rate for the period for which payment remains outstanding after the expiry of the said period of 30 days.