**Summary:**
This Reserve Bank of India (RBI) circular, DBR.No.BP.BC.2008/12.014/2019-20, dated October 14, 2019, addresses lending by banks to Infrastructure Investment Trusts (InvITs). It supplements the previous circular DBR.No.FSD.BC.62/24.01.040/2016-17 dated April 18, 2017, which allowed banks to invest in InvIT units under specific conditions.
This circular clarifies that Scheduled Commercial Banks (excluding Regional Rural Banks) and All-India Financial Institutions (Exim Bank, NABARD, NHB, and SIDBI) are permitted to lend to InvITs, subject to the following conditions:
1. Banks must establish a Board-approved policy on exposures to InvITs, encompassing appraisal mechanisms, sanctioning conditions, internal limits, and monitoring mechanisms.
2. Banks must assess critical parameters, including the sufficiency of cash flows at the InvIT level to ensure timely debt servicing. The overall leverage of the InvITs and the underlying Special Purpose Vehicles (SPVs) combined must be within the permissible leverage as per the bank's Board-approved policy. Ongoing monitoring of the SPVs' performance is required. Banks should also consider the legal provisions regarding InvITs, especially those concerning the enforcement of security.
3. Banks can only lend to InvITs where none of the underlying SPVs with existing bank loans are facing financial difficulty, as defined in para 2 of Annex-I to the circular DBR.No.BP.BC.45/21.04.048/2018-19 dated June 07, 2019.
4. Bank finance to InvITs for acquiring equity of other entities is subject to the conditions outlined in para 2.3.7.4 iv of the Master Circular on Loans and Advances – Statutory and Other Restrictions dated July 1, 2015.
5. The Audit Committee of the Board of banks must review compliance with these conditions on a half-yearly basis.
Saurav Sinha, Chief General Manager-in-Charge, signed the circular. The circular is available on the RBI website (www.rbi.org.in).
Key Entities Referenced
Reserve Bank of India: The central bank of India, the publisher of the circular.
InvITs: Infrastructure Investment Trusts, the entities to which the circular pertains regarding lending by banks.
Scheduled Commercial Banks: Banks that are included in the Second Schedule to the Reserve Bank of India Act, 1934, excluding Regional Rural Banks.
Exim Bank: Export-Import Bank of India, an All-India Financial Institution.
NABARD: National Bank for Agriculture and Rural Development, an All-India Financial Institution.
NHB: National Housing Bank, an All-India Financial Institution.
SIDBI: Small Industries Development Bank of India, an All-India Financial Institution.
Saurav Sinha: Chief General Manager-in-Charge at Reserve Bank of India
भारतीय �रज़व र् बक�
RESERVE BANK OF INDIA
www.rbi.org.in
RBI/2019-20/83
DBR.No.BP.BC.20/08.12.014/2019-20 October 14, 2019
All Scheduled Commercial Banks
(Excluding Regional Rural Banks (RRBs)),
All-India Financial Institutions (Exim Bank, NABARD, NHB and SIDBI)
Dear Sir/Madam,
Lending by banks to InvITs
Please refer to the circular DBR.No.FSD.BC.62/24.01.040/2016-17 dated April 18,
2017 on ‘Banks' Investment in Units of InvITs’ in terms of which banks are allowed
to invest in units of InvITs subject to the specified conditions.
2. Banks and other stakeholders have been seeking clarity on provision of credit
facilities to InvITs. The matter has been examined and it has been decided that
banks may be permitted to lend to InvITs subject to the following conditions:
i) Banks shall put in place a Board approved policy on exposures to InvITs which
shall inter alia cover the appraisal mechanism, sanctioning conditions, internal
limits, monitoring mechanism, etc.
ii) Without prejudice to generality, banks shall undertake assessment of all critical
parameters including sufficiency of cash flows at InvIT level to ensure timely debt
servicing. The overall leverage of the InvITs and the underlying SPVs put together
shall be within the permissible leverage as per the Board approved policy of the
banks. Banks shall also monitor performance of the underlying SPVs on an
ongoing basis as ability of the InvITs to meet their debt obligation will largely
depend on the performance of these SPVs. As InvITs are trusts, banks should
keep in mind the legal provisions in respect of these entities especially those
regarding enforcement of security.iii) Banks shall lend to only those InvITs where none of the underlying SPVs, which
have existing bank loans, is facing ‘financial difficulty’ as defined in para 2 of
Annex-I to the circular DBR.No.BP.BC.45/21.04.048/2018-19 dated June 07,
2019.
iv) Bank finance to InvITs for acquiring equity of other entities shall be subject to
the conditions given in para 2.3.7.4 (iv) of the Master Circular on Loans &
Advances – Statutory & Other Restrictions dated July 1, 2015.
v) The Audit Committee of the Board of banks shall review the compliance to the
above conditions on a half yearly basis.
Yours faithfully
(Saurav Sinha)
Chief General Manager-in-Charge