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Global resurgence: private asset reconstruction companies as legal catalysts for financial stability in India and beyond

Megha Jaiwani (Symbiosis Institute of Business Management Pune, Symbiosis International (Deemed University), Pune, India)
Santosh Gopalkrishnan (Symbiosis Institute of Business Management Pune, Symbiosis International (Deemed University), Pune, India)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 7 August 2024

37

Abstract

Purpose

This study aims to transcend geographical boundaries and provide insights into innovative strategies used by Indian Asset Reconstruction Companies (ARCs) in managing distressed assets. The study examines the origins, evolution, challenges and opportunities faced by ARCs to derive lessons that can be universally applicable and serve as a valuable blueprint for global investors and institutions seeking effective strategies in managing distressed assets. From a legal and compliance angle, this opens up many perspectives that would help plug loopholes and grey zones within the legal ambit for organisations and institutions.

Design/methodology/approach

The study invokes a critical review of existing literature, news, discussions and publicly available information from reliable sources such as the central bank’s websites to develop the viewpoints and provide recommendations.

Findings

ARCs face challenges, recovering only 19.15% of distressed assets in 2022. Despite constraints like funding, governance issues and regulatory hurdles, there is a substantial opportunity for investors in the Rs. 9.6 lakh crore non-performing assets. The study suggests strategic assessments by banks, emphasises ARCs’ roles in specific sectors and calls for regulatory adjustments. With diverse investors and favourable regulations, this evolving landscape offers significant global opportunities for policymakers and investors in distressed assets.

Practical implications

This study serves as a valuable guide for shaping resilient policies, fostering cross-border collaborations and optimising distressed asset management strategies on a global scale.

Originality/value

This study breaks new ground by examining the private ARCs sector within an emerging economy’s dynamics, presenting insights relevant to global distressed markets. This study serves as a unique resource for those navigating the complexities of distressed markets globally, providing insights that can inform strategies, policies and academic discussions in the broader financial landscape.

Keywords

Acknowledgements

The Authors would like to thank the Editor and the Editorial Team for all their efforts in helping us modify our Manuscript in a more constructive and useful manner. The Authors would also like to thank the anonymous referees for their constructive suggestions in improving the outcome of this manuscript.

Funding: The authors did not seek nor receive any funding or financial support for conducting this study including the preparation and submission of this manuscript.

Citation

Jaiwani, M. and Gopalkrishnan, S. (2024), "Global resurgence: private asset reconstruction companies as legal catalysts for financial stability in India and beyond", International Journal of Law and Management, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/IJLMA-02-2024-0046

Publisher

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Emerald Publishing Limited

Copyright © 2024, Emerald Publishing Limited

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