スペイン政府は、企業破産法を改正して、企業の債務を債権銀行が吟味して、返済可能と判断した債務は、不良債権(貸し倒れ)ではなく、通常の貸し付けと見なし、債務の貸り換えを促進して、企業の倒産を防ぐ手立てに。
El acuerdo de acreedores permitirá sacar de morosa la deuda refinanciada
El Banco de España establece los criterios para que las entidades apliquen la norma del Gobierno sobre refinanciación y reestructuración de créditos a las empresas.
Íñigo de Barrón Madrid 18 MAR 2014 - 20:36 CET
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The agreement will allow creditors out of the refinanced debt defaulter
The Bank of Spain establishes criteria for institutions to apply the rule of the Government on refinancing and restructuring of loans to businesses.
Inigo Barron Madrid 18 MAR 2014 - 20:36 CET
The Government approved a reform of the Bankruptcy Act for banks to facilitate the refinancing of troubled companies a few days ago . The rule was pending criteria the Bank of Spain , which have been known Tuesday. Sources with the supervisor, will banks creditors of the company which , through an agreement that meets the legal minimum , decide how much of the debt can be paid and which will not. Once you establish the payable part , that part of the debt will be considered as a new credit "normal" , ie , the current payment. The effective implementation of these payments will be evidence that creditors have reached a fair and reasonable agreement, these point sources. Had this debt defaults , the total amount would be considered delinquent.
With this reasoning , may release provisions assigned to that part of the debt. However, as another part of the debt is uncollectible, it may apply the surplus of provisions to cover what has been given up , if it's necessary .
Loans " should be classified as normal risk to the extent that there are objective elements which demonstrate that recovery is probable "
The Executive Committee of the Bank of Spain has sent a communication to the banks for these options. The governor of the Bank of Spain , Luis Linde, and warned
last week that the regulator would make a communication to the sector
Financial intended to explain how to apply this new
regulations.
Literally, the supervisor provides that appropriations " shall be classified as normal risk to the extent that there are objective evidence to show that it is probable recovery of amounts due after the refinancing agreement . This will be particularly important to assess the effect that remove or conversions of debt into equity built into the agreements will have on the chances of recovery of the amount due , taking into account the business plans of the obligor subject. "
Moreover, the Bank of Spain adds that " when evidence of the inadequacy of future cash flows required to meet the commitments made after the refinancing agreement , entities classified as distinct steps above normal risk . Yet , whenever the reasons that led to this classification , the subsequent reclassification of these operations enable a better risk category. "
The circular, signed by the General Manager Regulation and Financial Stability of the Bank of Spain , Julio Duran, argues that states " homogenous references " for the proper performance in relation to the accounting treatment of such amounts.
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