Sec 52 of proposed FRDI Act
Bail in Lenders and Depositors out? Lot of heat is generated over the proposed Section 52 of the FRDI Bill. This section empowers the Resolution authorities to ‘cancel’, ‘modify’ or ‘change’ the form of liability of the institution or cancel the liability altogether. In respect of Banks, the major liability is in the form of Deposits accepted from the Public, large and small. Naturally everyone is worried whether the resolution adopted will ‘nullify’ the deposit, restrict/defer the liability to the depositor or will it convert the depositor into a shareholder in a stressed banking institution. The government, the regulator, media and all persons keen to implement the Financial Reforms in the country join together to reassure that the depositors need not worry and they will be protected. But when an act is passed giving powers to invoke ‘bail-in’, what is the guarantee that this will never be used? If it is used, what is the recourse available to deposi...