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What is rehabilitation? Description and definition of the concept.
Rehabilitation is an established system consisting of several measures aimed at improving the financial position of an enterprise in order to prevent its bankruptcy or increase competition. The main methods of rehabilitation can be reducing share capital by reducing the volume of issued shares, providing subsidies, preferential loans, benefits under the list of taxes emanating from the state, carrying out the nationalization of the enterprise, using antimonopoly laws, etc.
What is rehabilitation?
Rehabilitation usually refers to a set of measures aimed at restoring the solvency of a bank and improving its financial condition. The main goal of reorganization is to increase the efficiency of the credit institution and restore its competitiveness in the market, which is a prerequisite for avoiding bankruptcy. One of the main provisions of the Federal Law of the Russian Federation No. 40-FZ “On the insolvency of credit organizations” is the recognition of the legal equality of several procedures, in particular, reorganization, the appointment of a temporary manager as the first stage of bankruptcy and reorganization.
One of the conditions for bank reorganization is the identification of an investor for its implementation. Its tasks include not only carrying out activities aimed at increasing the efficiency of the bank, but also, most importantly, allocating additional financial resources. As practice has shown, not all banks that were appointed as investors, that is, sanators, to carry out measures to improve problem credit institutions in 2013-2014, coped with the task. Moreover, at least two of them - the already mentioned Bank Otkritie and Binbank - today themselves are in need of reorganization by the Central Bank.
Prevention
Everyone knows that preventing a disease is always better than treating it. But its difficulty lies in the need to spend time, which is always not enough. To ensure that subsequent elimination of problems does not turn out to be too expensive, it is worth visiting a dentist who will tell you in detail what the prevention of dental diseases involves.
A program of activities drawn up together with a specialist will save you from the need to independently select hygiene products; this is the key to perfect teeth. It is recommended to clean them after every meal. Since this is not possible for most people, chewing gum should not be neglected. In addition to using a toothbrush and toothpaste, you should start using dental floss.
You should also be careful about your diet. Your daily diet should include foods rich in vitamins and microelements. Consumption of sugary foods and drinks should be minimized. Bad habits such as drinking alcohol, coffee and smoking harm not only your teeth, but the entire body. Therefore, giving them up will have an overall healing effect.
If you follow some simple recommendations and find time to go to the dentist once every six months, then there is a high probability of hearing from him that the oral cavity has been sanitized. What does it mean? That there is no need to look for time in your schedule and money in your wallet to immediately fix problems.
Signs of a problematic bank situation
Article 4 of the above-mentioned No. 40-FZ provides a clear description of the grounds sufficient to prescribe a reorganization procedure. These include:
- failure to comply with creditors' demands for payment of obligations during the last 6 months;
- impossibility of making a payment within 3 days due to the lack of funds in the bank’s correspondent accounts;
- non-compliance with the standards established by the Central Bank in relation to current liquidity by more than 10% per month, as well as in terms of solvency indicators and the minimum capital of a credit institution;
- a reduction in the amount of capital by 20% or more compared to the maximum amount of this parameter for the previous year;
- reduction of the bank's capital for the reporting period to a level that is lower than established by the constituent documents of the organization (for banks operating on the market for more than 3 years).
If any of the above factors are identified, the bank management is obliged to begin reorganization. In addition, the relevant information must be communicated to the market regulator, that is, the Central Bank of Russia. If these violations were identified directly by Central Bank specialists during the implementation of control functions, the bank is either issued an order to eliminate them, or a forced reorganization procedure is introduced. Until recently, two options were used to carry it out:
- using funds from the DIA, that is, the Deposit Insurance Agency;
- by appointing as a sanator another bank that has funds sufficient to rehabilitate a problem credit institution.
However, in July 2021, the Central Bank of the Russian Federation announced the launch of a third possible resolution scheme using funds from the newly created Consolidation Fund, the main role in which will be played by representatives of the Central Bank itself. This is exactly the scheme that is currently being used to rehabilitate B&N Bank and Otkritie Bank.
Reasons for reorganization
In addition to the criteria described above related to the financial condition of the bank, two significant factors may serve as the basis for making a decision on resolution:
- serious importance of the bank in the financial sector of the country. This means that the bankruptcy of a credit institution can cause significant harm to the Russian banking system, which can lead to problems in other banks;
- The bank's difficulties are temporary and unsystematic in nature and can easily be eliminated with a reasonable level of investment on the part of the owners of the credit institution or sanatorium.
In most cases, reorganization is applied to those financial structures that have been operating on the market for quite a long time and have an established reputation and status. If we are talking about a newly opened or small bank, most often the Central Bank of Russia simply revokes its license, thus stopping its activities.
Definition, applications and types
Rehabilitation is a set of measures that are aimed at preventing the bankruptcy of enterprises, improving their financial condition and increasing their competitiveness. As the process of reorganizing enterprises progresses, the debtor receives financial resources that make it possible to repay his financial obligations, payments, and restore solvency.
Sanitation is carried out if:
- The bankruptcy case has not yet been filed by creditors. At the same time, enterprises, on their own initiative, can resort to outside help in attempts to find a way out of the crisis situation that has developed on their own.
- The decision to carry out reorganization is made by the arbitration court with the purpose of declaring bankruptcy and proposing to carry out reorganization.
- The decision to carry out reorganization is made by the arbitration court in order to satisfy the list of demands of the enterprise that is the debtor and its creditors.
Sanitation methods include:
- Reducing the amount of shareholders' capital when issuing new shares or exchanging them for the majority of old ones.
- Providing government subsidies, loan benefits, tax benefits, nationalization of enterprises.
The level of depth of the crisis in enterprises, as well as the conditions for providing external assistance, determine the use of enterprise reorganization, which comes in two types:
- Rehabilitation with a focus on debt reorganization. When choosing this type of reorganization, a legal entity retains its status unchanged. This type was originally created to eliminate insolvency. It can only be implemented if the state of insolvency of a given enterprise is recognized as temporary. Then his debt obligations will be repaid using funds from the budget (if we are talking about the rehabilitation of a state-owned enterprise). In addition, the commercial bank that services this enterprise can issue a targeted bank loan to the enterprise. It may be issued after an audit. In addition, assistance is provided from the other side: the debt can be transferred to a certain legal entity that wishes to take part in the rehabilitation of the debtor enterprise. And of course, based on the guarantees established by the sanatorium, additional bonds or other types of securities may be issued.
- Rehabilitation with a change in the status of the enterprise. Another name for this type of reorganization is reorganization, which is carried out in an exceptionally deep crisis state of a company or enterprise. When carrying out this type of reorganization, one or more of the following forms are chosen to achieve the goal and reorganize the enterprise:
- Merger.
If this form of reorganization is chosen, the company that is the debtor merges with another, more financially stable one. The result of such reorganization is the loss of the debtor enterprise's official independent legal status. In the case of a merger of enterprises belonging to the same industry, the merger is horizontal. If a merger occurs with the participation of enterprises from related industries, then this merger is vertical. The combination of enterprises that are not related in any way by technical or industry characteristics is called a conglomerate merger.
- Absorption.
The sanatorium acquires an enterprise that is a debtor. In this case, the sanatorium acquires a full-fledged property complex, most of which belongs to its assets. An enterprise that is being rehabilitated at the same time can remain as a separate enterprise in the form of a subsidiary of the rehabilitating enterprise.
- Separation.
It is used for those enterprises that are capable of carrying out production activities in
multi-sectoral environment.
- Transformation into JSC.
An open joint stock company can be created on the initiative of a whole group of people who want to be founders. A necessary condition for rehabilitation in this case is to ensure the minimum level of the authorized capital, which is approved by law.
- Transfer of the enterprise for rent.
This paragraph applies to state-owned enterprises that can be leased under a contract to one of the members of the workforce. Of course, in this case, the debts of the company being rehabilitated are transferred to the group of tenants.
- Privatization.
One of the ways to rehabilitate state-owned enterprises.
Any process of recovery from a state of crisis must be carried out under the strict control of arbitration courts, subject to the conditions that were determined by the relevant agreement. The reorganization of the enterprise should not last more than 18 months. Arbitration courts are able to extend these deadlines for a period of up to six months. Rehabilitation is considered completed if the sanators have achieved their goals or the debtor company is declared bankrupt.
Who benefits from this?
Successful bank resolution benefits absolutely all participants in the process. The credit institution begins to operate effectively as normal again. The sanator gets the opportunity to return the investment with a profit. Clients of the bank being rehabilitated retain funds in their accounts, and in full, and not in accordance with the limit established by the DIA. The interest and benefit of the country's Central Bank is also quite obvious - the state's financial system is becoming more stable. Even the competitors of a struggling bank benefit from successful reorganization, as it maintains customer confidence in the entire banking system of the country.
The only problem is that not every sanitation procedure initiated is completed successfully. In this case, the exact opposite picture described above is observed. The sanatorium loses its invested funds, and, as the examples of B&N Bank and Otkritie Bank clearly showed, it can itself find itself in a difficult financial situation. The owners of the bank being rehabilitated will lose their own business, since the Central Bank of the Russian Federation will most likely revoke the license as a result. Some of the bank's clients lose funds; only the owners of deposits are guaranteed to return them from the accounts of the Deposit Insurance Agency, the amount of which, together with accrued interest, does not exceed 1.4 million rubles.
Ways to improve your health
The reorganization procedure provides for two main areas of work carried out by the Central Bank of the Russian Federation, the DIA or the sanator appointed by them:
- allocation of additional financial resources;
- selection of financial stabilization methods and their implementation.
Funding for economic recovery activities can occur in a variety of ways. Until recently, the most frequently used options were:
- use of funds from bank owners. The most calm and effective solution to the problem;
- provision of direct financial assistance from the DIA or Central Bank of the organization being reorganized;
- use of funds from a sanatorium designated for the treatment procedure;
- provision of funds from the DIA or Central Bank directly to the sanatorium.
Quite often, during the recovery procedure, all of the listed methods of providing financial assistance are used. However, until recently, it was not allowed to completely reorganize at the expense of the budget and the DIA. At the same time, the procedure introduced at Otkritie Bank and Binbank, which provides for the use of funds from the Consolidation Fund, may become the first example of how reorganization will be carried out, in fact, entirely at the expense of the budget. In this case, it does not matter at all whether this will be done through the reorganization of a credit institution or by entering into the capital of the bank being rehabilitated by purchasing its shares.
Problem solving methods
The second area of work during bank reorganization is the determination of the main methods for increasing the competitiveness of a credit institution in the market and the efficiency of its work. A variety of measures can be used for this, the most famous of which are:
- restructuring of the bank's accounts payable. Most clients understand perfectly well that it is much more profitable to wait a little to submit claims if there is at least a small chance of restoring the bank’s functionality. When declaring bankruptcy, the likelihood of getting your money back is noticeably lower;
- sale of illiquid assets on the bank’s balance sheet;
- optimization and reorganization of the bank's management and management system. The previous system has proven to be ineffective, so it should be replaced with a more efficient one;
- staff reduction, closure of unprofitable branches and branches. In modern conditions, when an increasing number of clients prefer remote working methods, there is no need to maintain a large number of offices;
- introduction of modern working methods, including using the Internet, and optimization of costs at all levels.
Nuances of bank management during reorganization
The only option in which the management of the bank remains in the hands of its owners and the managers appointed by them is the case when the reorganization occurs on the initiative of the credit institution itself. If the decision to introduce a financial recovery procedure is made by the Central Bank of the Russian Federation, it is he who appoints a temporary administration to manage the bank. It usually consists of representatives of the Bank of Russia itself, the DIA and an organization appointed by the sanatorium. It is important to note that the temporary manager has the right to challenge and cancel even those financial transactions that were concluded before his appointment.
How long does it last
There are no clear deadlines. Rehabilitation is a long process that can take 1-2 years or longer. The bank is gradually getting out of the financial hole, which takes time. There are examples when a bank was reorganized within 10 years. It all depends on how quickly the organization pays off the funds received.
It is difficult to say in advance how long it will take for financial recovery. It all depends on what position the bank is in. In some cases, rehabilitation is carried out faster, in others it takes a longer period.
Features of reorganization in Russia
The Russian banking sector is characterized by a fairly large number of attempts to reorganize even not the largest and most significant credit institutions in the country. Naturally, there is a clear connection between the number of banks being rehabilitated and the current financial situation in the country. For example, during the 2008-2009 crisis, the Central Bank decided to introduce a financial recovery procedure in 14 credit institutions. During the relatively stable financial period from 2010 to 2013, the reorganization of only 2 banks was announced.
After the introduction of sanctions against Russia and a serious deterioration in the economic situation in the country in 2014 and 2015, the financial recovery procedure was prescribed in 12 and 15 credit institutions, respectively. In 2021, the situation as a whole did not change, and in the third quarter of 2017, two banks included in the top 15 largest financial organizations in the country, namely Otkritie Bank and B&N Bank, fell under reorganization. This was largely a consequence of the main domestic feature of the financial recovery procedure, which consists in a relatively small percentage of successfully completed reorganizations.
Features of pediatric dentistry
Regular dental consultation is necessary for young patients. In addition to assessing the general condition of the oral cavity, the doctor provides training in proper dental care and recommends which toothbrush and toothpaste to use.
Since the dental system undergoes significant changes as the child grows, it is necessary to monitor these processes. In this case, greater emphasis is placed on preventing the development of diseases. With constant care of the child, the dentist can, at the right time, refer him to another specialist, for example, to an orthodontist. A particularly important stage is the period of replacement of milk teeth with permanent ones.
But it is important to begin sanitation of the oral cavity in early childhood, since caries can also develop on baby teeth. Due to the fact that a child’s first teeth are more delicate than molars, quite often the enamel requires additional strengthening. Therefore, fluoridation is a useful procedure that is often recommended by a specialist.
The need to treat baby teeth and place fillings can have a negative impact on the normal development of molars. Therefore, these procedures are classified as undesirable and should be avoided. For this purpose, prevention should not be neglected.
Powers of regulatory authorities
The main functions of control over the activities of banks are assigned to the Central Bank of the Russian Federation, which can make decisions on the need for reorganization, revocation of a license or issuing orders to eliminate violations. For carrying out financial stabilization measures, the position of the DIA, whose funds can be allocated for the reorganization procedure, becomes important. If the DIA refuses to provide financing, the most likely decision of the Central Bank of the Russian Federation will be the revocation of the license and the subsequent bankruptcy of the problem bank.
Preparing for surgery
To eliminate some diseases, elective surgical interventions are required. Especially when it comes to the need for surgery in the head and face area, it is important for the doctor to know that the patient’s oral cavity has been sanitized. An existing infection can cause complications in the postoperative period and hinder a full recovery.
Gastroenterologists are often concerned about the healthy oral cavity of patients. Since saliva enters directly into the gastrointestinal tract, it can be a conduit for infection and cause problems in this part of the body.
The role of the Central Bank and the Deposit Insurance Agency in the process of bank recovery
When carrying out reorganization, the Central Bank and the DIA exercise control at all stages of the procedure. In addition, an important function of the Central Bank is the selection and appointment of a sanator, that is, a large bank that has a stable financial position and has sufficient resources to help a problematic credit structure. The events of recent months have shown that the Bank of Russia did not always make the right decisions, appointing FC Otkritie as the sanator of Bank Trust in 2014 (at the same time, the DIA allocated 157 billion rubles), and Binbank in the same 2014 as the sanator of the banks of the Rost and Bank Credit systems. As a result, problematic financial structures were saved from bankruptcy, however, serious difficulties began for the banks themselves that carried out the reorganization.
Is it good or bad
For the credit institution itself, reorganization brings only advantages. Practice shows that after financial recovery, banks significantly change the direction of their activities, while simultaneously increasing capital turnover.
At the same time, the structure of the bank may also undergo changes. Among the most striking examples: the Bank of Moscow, which was subject to reorganization, subsequently became part of the VTB group. The result is the emergence of a completely new bank called VTB Bank of Moscow.
In this case, VTB acted as an investor, investing money in the financial rehabilitation of the Bank of Moscow. The merger of the two organizations served as a kind of dividend that was due to the investor.
Pros and cons of reorganization for the investor
For a depositor of a troubled bank, successful resolution can be extremely important. This is explained by the fact that with an alternative option, that is, a bankruptcy procedure, there is a high probability that a significant part of the bank’s clients simply will not be able to receive the invested funds in full. Typically, this development of events is associated with a lack of bank assets to pay off all its accumulated debts.
Bank depositors who are individuals can count on a guaranteed receipt of funds in an amount not exceeding 1.4 million rubles, including accrued interest. The chance of receiving anything more than the specified amount during bankruptcy proceedings is quite small. Moreover, it usually extends over a long period, while payment from DIA funds is made within 2 weeks after the start of bankruptcy or liquidation of the bank.
Considering the above, it becomes clear why successful reorganization is extremely important for investors, especially large ones. In this case, their relationship with the bank will continue on the same terms, which will allow them to save and even increase funds on deposits.
Carrying out activities during the reorganization of enterprises
Activities during the reorganization of an enterprise include financial, economic, production, technical, organizational and legal actions aimed at achieving or restoring the solvency, profitability and competitiveness of the debtor company for the long term. When carrying out reorganization, the main ones are considered to be measures of a financial and economic nature.
Financial and economic events reflect the features of financial relations that arise in the process of mobilization and use of internal and external sources of enterprise reorganization. These may be funds received under the condition of a loan (refundable or non-refundable).
Financial rehabilitation of enterprises most often includes several stages, with the main goal being:
- Covering current losses and eliminating (eliminating) their causes.
- Restoring or maintaining the liquidity and solvency of the company.
- Reducing all types of debt.
- Improving the working capital structure.
- Formation of funds of financial resources necessary for carrying out production, technical and organizational activities.
Reorganization of an organizational or legal nature frees the enterprise from unproductive production structures and improves:
- organizational structure of the enterprise;
- organizational and legal form of doing business;
- quality of management;
- relations between members of the work team.
Measures to prevent bank bankruptcy
When the first signs of financial problems appear, the bank’s management has the opportunity to independently take measures that will avoid not only bankruptcy, but also the introduction of a reorganization procedure. There are many different options for solving problems that arise:
- receiving financial assistance from the owners of a credit institution or their partners;
- development and implementation of a cost optimization program;
- changing the structure of the bank's assets and liabilities to bring them into compliance with the requirements of regulatory authorities;
- issue of bank shares in order to obtain additional financing, etc.
Practical measures to prevent bankruptcy can include any actions taken by the management of a problem bank, aimed at improving its financial condition and increasing operational efficiency.
Rehabilitation methods and requirements for the debtor company
Reorganization of enterprises is a financial and economic procedure that helps improve the condition of the company and prevent bankruptcy. There are several main methods of sanitation:
- the amount of share capital is reduced (decreased) by reducing the number of issued shares or exchanging shares for a large part of old shares;
- government subsidies, preferential loans, tax benefits are provided;
- the enterprise is being nationalized;
- antitrust laws are used, etc.
It should be noted that the debtor enterprise must:
- Prevent unproductive spending.
- Comply with creditor requirements as much as possible.
- Comply with the financial reorganization (rehabilitation mechanism) from the list of companies that have real potential for successful economic and financial activities in the future.
What funds are used to finance it?
Rehabilitation can occur at the expense of the following structures:
- Deposit insurance agencies. In this case, financing is provided from a fund formed by compulsory insurance of bank deposits;
- Central Bank of Russia. He can allocate funds both independently and when applying for a DIA in the form of a loan for a period of up to five years, issued without collateral;
- investors found by the Central Bank and DIA. Typically, the investor is a sanatorium appointed by the Bank of Russia, although funds from other commercial organizations can also be attracted.