Has S&P Upgraded India’s Insolvency Regime Due to Stronger Creditor Protection?

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Has S&P Upgraded India’s Insolvency Regime Due to Stronger Creditor Protection?

Synopsis

In a significant move, S&P Global Ratings has boosted India's insolvency framework to Group B, citing enhanced creditor protections and efficiency improvements under the Insolvency and Bankruptcy Code. This upgrade is a testament to the evolving landscape of creditor resolutions in India.

Key Takeaways

  • S&P Global Ratings upgraded India’s insolvency framework to Group B.
  • Enhanced creditor protection under the Insolvency and Bankruptcy Code (IBC).
  • Recovery rates now exceed 30%, a significant improvement.
  • Average loan resolution time has reduced to approximately two years.
  • Concerns about structural voting issues among creditors were noted.

New Delhi, Dec 4 (NationPress) S&P Global Ratings has elevated India's insolvency framework from Group C to Group B, highlighting enhanced creditor protection and increased efficiency under the Insolvency and Bankruptcy Code (IBC).

This upgrade comes after S&P's adjustment of India's creditor-friendliness score, moving it from weak to medium, indicating a consistent history of creditor-driven resolutions.

Recent cases illustrate improved speed and greater recovery rates, which have bolstered trust in the system.

The IBC has reinforced credit discipline, favoring creditors in the resolution process, with promoters now facing a genuine risk of losing control over their businesses, according to S&P.

Recovery rates have surged to over 30%, a significant rise from the 15–20% range seen before the IBC's implementation.

On the other hand, secured creditors tend to recover significantly more than unsecured creditors. Additionally, the average duration for resolving non-performing loans has drastically decreased to roughly two years, down from six to eight years previously, as reported.

While recognizing the advancements made, S&P cautions that India's insolvency system still lags behind more established frameworks in Group A and certain regions in Group B.

The agency also noted that overall recovery rates are still modest on a global scale and fluctuate considerably across different sectors, particularly benefiting asset-heavy industries like steel and power.

It raised concerns about structural issues: secured and unsecured creditors voting as a unified class might weaken the voice of secured lenders when unsecured debts are substantial.

The efficacy of measures aimed at preventing inequitable outcomes—such as ensuring recovery values align with liquidation standards and retaining appropriate court oversight—will necessitate ongoing vigilance, as emphasized by S&P.

Point of View

This upgrade by S&P signifies a pivotal development in India's financial landscape. It reflects not only the resilience of India's insolvency framework but also the increasing confidence of creditors. While there is still room for improvement, this advancement indicates a positive trajectory for economic recovery and discipline in India.
NationPress
04/12/2025

Frequently Asked Questions

What does S&P's upgrade to Group B signify?
S&P's upgrade to Group B signifies enhanced creditor protection and improved efficiency in India's insolvency framework under the Insolvency and Bankruptcy Code.
What are the recovery rates under the IBC?
Recovery rates have risen to over 30% after the implementation of the IBC, compared to the 15-20% range before its establishment.
How does the IBC benefit creditors?
The IBC strengthens credit discipline, allowing creditors to have a greater influence in the resolution process, with promoters risking loss of control over their businesses.
What concerns did S&P raise about India's insolvency system?
S&P highlighted that while progress has been made, India's insolvency system still lags behind more mature frameworks globally and has structural concerns regarding voting among creditors.
What impact does this upgrade have on the Indian economy?
This upgrade is a positive indicator of improved financial discipline and creditor confidence, which can attract more investments and strengthen the Indian economy.
Nation Press