SECP Notifies Amendments to Corporate Restructuring Companies Rules, 2019

The Securities and Exchange Commission of Pakistan (SECP), under the auspices of the federal government, has notified amendments to the Corporate Restructuring Companies Rules, 2019. The amendments made in light of the promulgation of the Corporate Restructuring Companies Act, 2021, are aimed at fostering conducive environment for Corporate Restructuring Companies (CRCs). Corporate Restructuring companies specialize in acquiring nonperforming assets (NPA) from distressed financial institutions, leveraging their expertise to efficiently manage and recover these NPA assets. The CRC sector is key in minimizing stressed assets in the banking sector through market-led solutions, easing balance sheet burdens and enhancing economic stability. The subject Rules have been amended in consultations with the State Bank of Pakistan, International Finance Corporation and public at large. Notable provisions of the amendments include the establishment of trusts, comprehensive procedures for liquidation of trusts by CRCs, provisions pertaining to the Corporate Restructuring Board (CRB), encompassing its composition, processing/approval of Schemes being presented by CRCs, appointment matters, governance, code of conduct, functions and budgetary allocation for operational efficacy. It is pertinent to mention here that the subject amendments related to Trust liquidation enable CRCs to efficiently acquire non-performing assets (NPAs) from financial institutions and facilitating funding for such acquisitions by segregating risks and rewards, thereby ensuring appropriate compensation for investors while offering the potential for substantial returns. Simultaneously, the CRB amendments aim to simplify the regulatory approval process for the Scheme for arrangement. In essence, the notified amendments are poised to notably improve the rehabilitation process for distressed entities, offering greater opportunities for companies to restructure and restore profitability, ultimately fostering enhanced economic stability. The notification of amendments is available on SECP’s website which can be accessed here.