Professional Documents
Culture Documents
Npa
Npa
and channeling these deposits in to lending activities. Since the deposits received
from the depositors have to be repaid to them by the bank, they are known as
banks Liabilities and as the loan given to the borrowers are to be received back
from them, they are termed as banks Assets so assets are banks loans and
advances1 . In the traditional banking business of lending financed by deposits
from customers, Commercial Banks are faced with the risk of default by the
borrower in the payment of either principal or interest. This risk in banking
parlance is termed as Credit Risk and accounts where payment of interest and /or
repayment of principal is not forthcoming are treated as Non-Performing Assets2 ,
as per the Reserve Bank of India, an asset, including a leased asset, becomes nonPerforming when it ceases to generate income for the bank. Existence of NonPerforming Asset is an integral part of banking and every bank has some NonPerforming Assets in its advance portfolio. However, the high level of NPA is a
cause of worry to any financial institution.
IMPLICATIONS OF NPAs For an Economy : Developing of sound and healthy
financial institutions, especially banks, is an essential condition for maintaining
over all stability of the financial system of the country. The high level of NPAs in
banks and financial institutions has been a matter of grave concern to the public as
bank credit is the catalyst to the economic growth of the country and any
bottleneck in the smooth flow of credit, one cause for which is the mounting NPAs,
is bound to create adverse repercussions on the economy. When the loans taken are
not repaid, much of the funds go out of financial system and the cycle of lendingrepaying-borrowing is broken. The banks have also to repay their depositors and
others from whom the money had been borrowed. If the borrowers do not pay, the
banks have to borrow additional funds to repay the depositors and creditors. This
leads to a situation where banks are reluctant to lend fresh funds to new projects or
the on-going projects thus choking the system. Once the credit to various sectors of
the economy slows down, the economy is badly hurt. There is slow down in GDP
growth and industrial output and fall in the profit margins of the corporate which
resultantly cause depression in the market.
For Banking: The most important business implication of the NPAs is that it leads
to
credit risk management assuming priority over other aspects of banks
functioning. The banks whole machinery would thus be pre-occupied with
1991, the Narasimhan Committee on the financial system felt that the classification
of assets according to the HCS was not in accordance with international standards
and suggested that for the purpose of provision, banks should classify their
advances into four broad groups, viz. (i) standard assets; (ii) substandard assets;
(iii) doubtful assets; (iv) loss assets. Following this, prudential norms relating to
income recognition, asset classification and provisioning were introduced in 1992
in a phased manner. In 1998, the Narasimhan Committee on Banking Sector
Reforms recommended a further tightening of prudential standards in order to
strengthen the prevailing norms and bring them on par with evolving 3 India, Lok
Sabha (14th), Estimates Committee (2004-05), Sixth Report, presented on
25.4.2005,international best practices5 . With the introduction of 90-days norms
for classification of NPAs in 2001, the NPA guidelines were brought as par with
international standards6 . The NPAs can broadly be classified into (i) Gross NPAs,
(ii) Net NPAs. Gross NPAs are the sum total of all loan assets that are classified as
NPAs as per RBI guidelines as on balance sheet date. It reflects the quality of loans
made by banks. (Gross NPAs Ratio = Gross NPAs/Gross Advances). Net NPAs are
those type of NPAs in which the banks deduct the provisions regarding NPAs. It
shows the actual burden of banks (Net NPAs = Gross NPAs-Provision/Gross
Advances-Provisions).
.NPA IN INDIAN BANKING SYSTEM:
NPA surfaced suddenly in the Indian banking scenario, around the Eighties, in the
midst of turbulent structural changes overtaking the international banking
institutions ,and when the global financial markets were undergoing sweeping
changes. In fact after it had emerged the problem of NPA kept hidden and
gradually swelling unnoticed and unperceived, in the maze of defective accounting
standards that still continued with Indian Banks up to the Nineties and opaque
Balance sheets.
In a dynamic world, it is true that new ideas and new concepts that emerge
through such changes caused by social evolution bring beneficial effects, but only
after levying a heavy initial toll. existing set-up leads to an immediate disorder and
unsettled conditions. People are not accustomed to the new models. These new
formations take time to configure, and work smoothly. The old is cast away and the
new is found difficult to adjust. Marginal and sub-marginal operators are swept
act to the emerging scenario and de-risk itself to the challenges thrown by the new
order, trying to switch over to globalization were only aggravating the crisis.
Partial perceptions and hasty judgments led to a policy of ad-hoc-ism, which
characterized the approach of the authorities during the last two-decades towards
finding solutions to banking ailments and dismantling recovery impediments.
Continuous concern was expressed. Repeated correctional efforts were executed,
but positive results were evading. The problem was defying a solution.
The threat of NPA was being surveyed and summarized by RBI and Government
of India from a remote perception looking at a birds-eye-view on the banking
industry as a whole delinked from the rest of the economy. RBI looks at the
banking industry average on a macro basis, consolidating and tabulating the data
submitted by different institutions. It has collected extensive statistics about NPA
in different financial sectors like commercial banks, financial institutions, urban
cooperatives, NBFC etc. But still it is a distant view of one outside the system and
not the felt view of a suffering participant. Individual banks inherit different
cultures and they finance diverse sectors of the economy that do not possess
identical attributes. There are distinct diversities as among the 29 public sector
banks themselves, between different geographical regions and between different
types of customers using bank credit. There are three weak nationalized banks that
have been identified. But there are also correspondingly two better performing
banks like Corporation and OBC. There are also banks that have successfully
contained NPA and brought it to single digit like Syndicate (Gross NPA 7.87%) and
Andhra (Gross NPA 6.13%). The scenario is not so simple to be generalized for the
industry as a whole to prescribe a readymade package of a common solution for all
banks and for all times. Similarly NPA concerns of individual Banks summarized
as a whole and expressed as an average for the entire bank cannot convey a
dependable picture. It is being statistically stated that bank X or Y has 12% gross
NPA. But if we look down further within that Bank there are a few pockets
possessing bulk segments of NPA ranging 50% to 70% gross , which should
consequently convey that there should also be several other segments with 3 to 5%
or even NIL % NPA, averaging the banks whole performance to 12%. Much
criticism is made about the obligation of Nationalized Banks to extend priority
sector advances. But banks have neither fared better in non-prioritysector. The
Important fact-revealing information for each NPA account is the gap period
between the date, when the advance was originally made and the date of its
becoming NPA. If the gap is long, it is the case of a sunset industry. Things were
all right earlier, but economic variance in trade cycles or market sentiments have
created the NPA. Credit customers who are in NPA today, but for years were earlier
rated as good performers and creditworthy clients ranging within the top 50 or 100.
Significant part of the NPA is on account of clout banking or willfully given bad
loans. Infant mortality in credit is solely on account of human factors and absence
of human integrity.
Credit to different sectors given by the PSBs in fact represents different products.
Advance to weaker sections below Rs.25000/- represents the actual social banking.
NPA in this sector forms 8 TO 10% of the gross amount. Advance to agriculture,
SSI and big industries each calls for different strategies in terms of credit
assessment, credit delivery, project implementation, and post advance supervision.
NPA in different sector is not caused by the same resultant factors. programmed by
a sector-wise strategy involving a role of the actively engaged participants who can
tell where the boot pinches in each case. Business and industry has equal
responsibility to accept accountability for containment of NPA. Many of the
present defaulters were once trusted and valued customers of the banks. Why have
they become unreliable now, or have they?
The credit portfolio of a nationalized bank also includes a number of low-risk and
risk-free segments, which cannot create NPA. Small personal loans against banks
own deposits and other tangible and easily marketable securities pledged to the
bank and held in its custody are of this category. Such small loans are universally
given in almost all the branches and hence the aggregate constitutes a significant
figure. Then there is food credit given to FCI for food procurement and similar
credits given to major public Utilities and Public Sector Undertakings of the
Central Government. It is only the residual fragments of Bank credit that are
exposed to credit failures and reasons for NPA can be ascertained by scrutinizing
this segment.
Secondly NPA is not a dilemma facing exclusively the Bankers. It is in fact an all
pervasive national scourge swaying the entire Indian economy. NPA is a sore throat
of the Indian economy as a whole. The banks are only the ultimate victims, where
life cycle of the virus is terminated.
Now, how does the Government suffer? What about the recurring loss of revenue
by way of taxes, excise to the government on account of closure of several lakhs
of erstwhile vibrant industrial units and inefficient usage of costly industrial
infrastructure erected with considerable investment by the nation? As per statistics
collected three years back there are over two and half million small industrial units
representing over 90percent of the total number of industrial units. A majority of
the industrial work force finds employment here and the sectors contribution to
industrial output is substantial and is estimated at over 35 percent while its share of
exports is also valued to be around 40percent. Out of the 2.5 million, about 10% of
the small industries are reported to be sick involving a bank credit outstanding
around Rs.5000 to 6000 Crores, at that period. be even more now. These closed
units represent some thousands of displaced workers Previously enjoying gainful
employment. Each closed unit whether large, medium or small occupies costly
developed industrial land. Several items of machinery form security for the NPA
accounts should either be lying idle or junking out. In other words, large value of
land, machinery and money are locked up in industrial sickness. These are the
assets created that have turned unproductive and these represent the real physical
NPA, which indirectly are reflected in the financial statements of nationalized
banks, as the ultimate financiers of these assets. In the final analysis it represents
instability in industry.NPA represents the owes of the credit recipients, in turn
transferred and parked with the banks.
Recognizing NPA as a sore throat of the Indian economy, the field level
participants should first address themselves to find the solution. Why not
representatives of industries and commerce and that of the Indian Banks
Association come together and candidly analyze and find an everlasting solution
heralding the real spirit of deregulation and decentralization of management in
banking sector, and accepting self-discipline and self-reliance? What are the
deficiencies in credit delivery that leads to its misuse, abuse or loss? How to check
misuse and abuse at source? How to deal with erring Corporate? In short, the
functional staff of the Bank along with the representatives of business and industry
has to accept a candid introspection and arrive at a code of discipline in any final
solution. And preventive action to be successful should start from the creditrecipient level and then extend to the bankers. RBI and Government of India can
positively facilitate the process by providing enabling measures. Do not try to set
right industry and banks, but help industry and banks to set right themselves. The
new tool of deregulated approach has to be accepted in solving NPA.
REASONS FOR THE EXISTENCE OF HUGE LEVEL OF NPAS IN THE
INDIAN BANKING SYSTEM (IBS): The origin of the problem of burgeoning
NPAs lies in the quality of managing credit risk by the banks concerned. What is
needed is having adequate preventive measures in place namely, fixing presanctioning appraisal responsibility and having an effective post-disbursement
supervision. Banks concerned should continuously monitor loans to identify
accounts that have potential to become non-performing. To start with, performance
in terms of profitability is a benchmark for any business enterprise including the
banking industry. However, increasing NPAs have a direct impact on banks
profitability as legally banks are not allowed to book income on such accounts and
at the same time banks are forced to make provision on such assets as per the
Reserve Bank of India (RBI) guidelines. Also, with increasing deposits made by
the public in the banking system, the banking industry cannot afford defaults by
borrowers since NPAs affects the repayment capacity of banks. Further, Reserve
Bank of India (RBI) successfully creates excess liquidity in the system through
various rate cuts and banks fail to utilize this benefit to its advantage due to the
fear of burgeoning non-performing assets.
Some of the other reasons were:
After the nationalization of banks sector wise allocation of credit disbursements
became compulsory.
Banks were compelled to give credit to even those sectors, which were not
considered to be very profitable, keeping in mind the federal policy.
People in the agricultural sector were hardly interested in returning the loans as
they were confident that the loans with the interest would be written off by the
successive governments.
The small scale industries also availed credit even though they were not sure of
performing to the extent of returning the loans.
Banks were also not in the position to press enough securities to cover the loans
in calls of timings.
Even if the assets were provided they proved to be substandard assets as the
values that could be realized were very low.
Free distribution done during loan mails (congress regime) also contributed to
the heavy increase in NPAs.
The slackness in effort by the bank authorities to collect or recover loan
advances in time also contributes to the increase in NPAs
. Lack of accountability of the officers, who sanctioned the loans led to a caste
whole approach by the officers recovering the loans.
Loans sanctioned to under servicing candidates due to pressure from the ministers
and other politicians also led to the non recovery of debts.
Poor credit appraisal system, lack of vision while sanctioning credit limits.
Lack of proper monitoring.
Reckless advances to achieve the budgetary targets.
Lack of sincere corporate culture, inadequate legal provisions on foreclosure and
bankruptcy.
Change in economic policies/environment.
Lack of co-ordination between banks.
Some of the internal factors of the organization leading to NPAs are:
off
of
funds,
fraud,
misappropriation,
Deficiencies on the part of the banks like delay in release of limits and delay in
release of payments/subsidies by the government.
OPERATIONAL DEFINITION
NPA : An asset is classified as a non performing assets (NPA) if dues in the form
of principal and interest are not paid by the borrower for a period of 90 days .
Standard Assets: Such an asset is not a non-performing asset. In other words, it
carries not more than normal risk attached to the business.
Sub-standard Assets: It is classified as non-performing asset for a period not
exceeding18 months .
Doubtful Assets: Asset that has remained NPA for a period exceeding 18 months is
a doubtful asset.
Loss Assets: Here loss is identified by the banks concerned or by internal auditors
or by external auditors or by Reserve Bank India (RBI) inspection
Cash Reserve Ratio (CRR): It is the reserve which the banks have to maintain with
itself in the form of cash reserves or by way of current account with the Reserve
Bank of India(RBI), computed as a certain percentage of its demand and time
liabilities. The objectives to ensure the safety and liquidity of the deposits with the
banks.
Statutory Liquidity Ratio (SLR): It is the one which every banking company shall
maintain in India in the form of cash, gold or unencumbered approved securities,
an amount which shall not, at the close of business on any day be less than such
percentage of the total of its demand and time liabilities in India as on the last
Friday of the second preceding fortnight, as the Reserve Bank of India (RBI) may
specify from time to time.
RBI GUIDELINES ON INCOME RECOGNITION (INTEREST INCOME ON
NPAs)
Income Recognition: Income from Non Performing Assets should not recognize on
accrual basis but should be booked as income only when it is actually received.
Therefore interest should not be charged and taken into income account till the
account become standard asset.
Interest charged to be stopped
Provision to be made
Over Due: Any amount due to the Bank under any credit facility is
Over due if it is not paid on the due date fixed by the Bank.
Out of Order: An account should be treated as out of order
If the outstanding balance remains continuously in excess of the sanctioned
limit/ drawing power.
In cases where the outstanding balance in the principal operating account is less
than the sanctioned limit/ drawing power, but there are no credits continuously for
90 days as on the date of Banks Balance Sheet or Where are credits are not enough
to cover the interest debited during the same period.
RBI GUIDELINES
ADVANCES:
ON PROVISIONING REQUIREMENT OF
BANK
Up to one year
One to three years
20%
30%
community savings and lending to creditworthy parties, the State Bank of India
catered to the needs of the customers, by banking purposefully. The bank served
the heterogeneous financial needs of the planned economic development.
Branches
The corporate center of SBI is located in Mumbai. In order to cater to different
functions, t here are several other establishments in and outside Mumbai, apart
from the corporate center. The bank boasts of having as many as 14 local head
offices and 57 Zonal Offices, located at major cities throughout India. It is
recorded that SBI has about 10000 branches, well networked to cater to its
customers throughout India.
ATM Services
SBI provides easy access to money to its customers through more than 8500 ATMs
in India. The Bank also facilitates the free transaction of money at the ATMs of
State Bank Group, which includes the ATMs of State Bank of India as well as the
Associate Banks State Bank of Bikaner & Jaipur , State Bank of Hyderabad,
State Bank of Indore, etc. You may also transact money through SBI Commercial
and International Bank Ltd by using the State Bank ATM-cum-Debit (Cash Plus)
card. State Bank Group includes a network of eight banking subsidiaries and
several non-banking subsidiaries. Through the establishments, it offers various
services including merchant banking services, fund management, factoring
services, primary dealership in government securities ,credit cards and insurance
The eight banking subsidiaries are:
State Bank of Bikaner and Jaipur (SBBJ)
State Bank of Hyderabad (SBH)
State Bank of India (SBI)
State Bank of Indore (SBIR)
State Bank of Mysore (SBM)
State Bank of Patiala (SBP)
month from the date on which the account would have been classified as NPA as
per norms. It may be noted that if RBI observes any divergences in asset
classification, especially in high value accounts due to willful non-compliance of
RBI guidelines by any official responsible for classification then RBI may initiate
deterrent action including imposition of monetary penalty.
7. Appropriation of recovery in NPAs:
a) Non decreed accounts: In case of NPA accounts in all categories i.e. Sub
standard, Doubtful and Loss appropriated first against outstanding in the account
and the surplus available, if any, is to be taken to interest / income. The same norm
will be applicable to the compromised accounts also.
b) Decreed accounts: In case of decreed accounts where there is no compromise
settlement amount recovered should be appropriated as per the decretal terms.
However, if there is no specific term as regards appropriation of recovery in the
decrial terms, the recovery should be appropriated first towards Principal and the
balance towards interest.
(c) Appropriation of ECGC claim amount in NPA Accounts: As per the existing
procedure, Bank is expected to keep the claim amount received from the ECGC in
a separate memorandum account and pursue recovery efforts against the concerned
Exporter borrower for the full amount of dues inclusive of the claim amount settled
A strong banking sector is important for flourishing economy. The failure of the
banking sector may have an adverse impact on other sectors. Non-performing
assets are one of the major concerns for banks in India. The only problem that
hampers the possible financial performance of the public sector banks is the
increasing results of the Non- performing Assets. The Non-performing Assets
impacts drastically to the working of the banks. The efficiency of a bank is not
always reflected only by the size of its balance sheet but by the level of return on
its assets. NPAs do not generate interest income for the banks, but the same time
banks are required to make provisions for such NPAs from their current profits.
1.They erode current profits through provisioning requirements. They result in
reduced interest income.
2. They require higher provisioning requirements affecting profits and accretion to
capital.
3. They limit recycling of funds, set in assets-liability mismatches, etc.
4. Adverse impact on Capital Adequacy Ratio.
5.ROE and ROA goes down because NPAs do not earn.
6.Banks rating gets affected.
7.Banks cost of raising funds goes up.
8. RBIs approval required for declaration of dividend if Net NPA ratio is above
3%. Bad effect on Goodwill.
9.Bad effect on equity value.
The RBI has also develop many schemes and tools to reduce the NPA assets by
introducing internal checks and control scheme, relationship mangers as stated by
RBI who have complete knowledge of the borrowers, credit rating system , and
early warning system and so on. The RBI has also tried to improve the
securitization Act and SRFAESI Act and other acts related to the pattern of the
borrowings.
Though RBI has taken number of measures to reduce the level of the Non
performing Assets the result is not up to expectations. To improve NPAs each bank
should be motivated to introduce their own precautionary steps. Before lending the
banks must evaluate the feasible financial and operational prospective results of the
borrowing companies or customer. They must evaluate the borrowing companies
by keeping in considerations the overall impacts of all the factors that influence the
business. NPAs reflect the performance of banks. A high level of NPAs suggests
high probability of a large number of credit defaults that affect the profitability and
net-worth of banks and also erodes the value of the asset. The NPA growth
involves the necessity of provisions, which reduces the overall profits and
shareholders value.
Causes for an Account becoming NPA
Those Attributable to Borrower
a) Failure to bring in Required capital
b) Too ambitious project
c) Longer gestation period
d) Unwanted Expenses
e) Over trading
f) Imbalances of inventories
g) Lack of proper planning
h) Dependence on single customers
I) Lack of expertise
j) Improper working Capital Mgmt.
k) Mismanagement
l) Diversion of Funds
m) Poor Quality Management
n) Heavy borrowings
o) Poor Credit Collection
p) Lack of Quality Control Causes Attributable to Banks a) Wrong selection of
borrower b) Poor Credit appraisal c) Unhelpful in supervision d) Tough stand on
issues e) Too inflexible attitude f) Systems overloaded g) Non inspection of Units
h) Lack of motivation i) Delay in sanction j) Lack of trained staff k) Lack of
delegation of work l) Sudden credit squeeze by banks m) Lack of commitment to
recovery n) Lack of technical, personnel & zeal to work. 33
Other Causes a) Lack of Infrastructure b) Fast changing technology c) Un helpful
attitude of Government d) Changes in consumer preferences e) Increase in material
cost f) Government policies g) Credit policies h) Taxation laws I) Civil commotion
j) Political hostility k) Sluggish legal system l) Changes related to Banking
amendment Act 34.
Early symptoms by which one can recognize a performing asset turning in to Nonperforming asset Four categories of early symptoms
:Financial: Non-payment of the very first installment in case of term loan.
Bouncing of cheque due to insufficient balance in the accounts. Irregularity in
installment Irregularity of operations in the accounts. Unpaid overdue bills.
Declining Current Ratio Payment which does not cover the interest and principal
amount of that installment While monitoring the accounts it is found that partial
amount is diverted to sister concern or parent company.
Operational and Physical: If information is received that the borrower has either
initiated the process of winding up or are not doing the business. Overdue
receivables. Stock statement not submitted on time. External non-controllable
factor like natural calamities in the city where borrower conduct his business.
Frequent changes in plan Nonpayment of wages 35
Attitudinal Changes: Use for personal comfort, stocks and shares by borrower
Avoidance of contact with bank Problem between partnersOthers: Changes in
Government policies Death of borrower Competition in the market 36
38. SALE OF NPA TO OTHER BANKSA NPA is eligible for sale to other banks
only if it has remained a NPA for at least twoyears in the books of the selling
bankThe NPA must be held by the purchasing bank at least for a period of 15
months before itis sold to other banks but not to bank, which originally sold the
NPA.The NPA may be classified as standard in the books of the purchasing bank
for a periodof 90 days from date of purchase and thereafter it would depend on the
record of recoverywith reference to cash flows estimated while purchasing.The
bank may purchase/ sell NPA only on without recourse basis.If the sale is
conducted below the net book value, the short fall should be debited to
P&Laccount and if it is higher, the excess provision will be utilized to meet the
loss onaccount of sale of other NPA. 37
39. Preventive Measurement forNPANPA Management Practices inIndiaMeasures
Initiated by RBI forReduction of NPAsInternational Practices on
NPAManagementDifficulties with NPAs 38
40. Preventive Measurement for NPAEarly Recognition of the Problem: Invariably,
by the time banks start their efforts to get involved ina revival process, its too late
to retrieve the situation- both in terms of rehabilitation ofthe project and recovery
of banks dues. Identification of weakness in the very beginningthat is : When the
account starts showing first signs of weakness regardless of the factthat it may not
have become NPA, is imperative. Assessment of the potential of revivalmay be
done on the basis of a techno-economic viability study. Restructuring should
beattempted where, after an objective assessment of the promoters intention,
banks areconvinced of a turnaround within a scheduled timeframe. In respect of
totally unviableunits as decided by the bank, it is better to facilitate winding up/
selling of the unit earlier,so as to recover whatever is possible through legal means
before the security positionbecomes worse.Identifying Borrowers with Genuine
Intent: Identifying borrowers with genuine intent from those who arenon- serious
with no commitment or stake in revival is a challenge confronting bankers.Here the
role of frontline officials at the branch level is paramount as they are the oneswho
has intelligent inputs with regard to promoters sincerity, and capability to
achieveturnaround. Based on this objective assessment, banks should decide as
quickly aspossible whether it would be worthwhile to commit additional finance.
In this regard banks may consider having Special Investigationof all financial
transaction or business transaction, books of account in order to ascertain 39
41. real factors that contributed to sickness of the borrower. Banks may have penal
of technical experts with proven expertise and track record of preparing technoeconomic study of the project of the borrowers. Borrowers having genuine
problems due to temporary mismatch in fund flow or sudden requirement of
additional fund may be entertained at branch level, and for this purpose a special
limit to such type of cases should be decided. This will obviate the need to route
the additional funding through the controlling offices in deserving cases, and help
avert many accounts slipping into NPA category. Timeliness and Adequacy of
response: Longer the delay in response, grater the injury to the account andthe
asset. Time is a crucial element in any restructuring or rehabilitation activity. The
responsedecided on the basis of techno-economic study and promoters
commitment, has to be adequatein terms of extend of additional funding and
relaxations etc. under the restructuring exercise. Thepackage of assistance may be
flexible and bank may look at the exit option. Focus on Cash Flows: While
financing, at the time of restructuring the banks may not beguided by the
conventional fund flow analysis only, which could yield a potentially
misleadingpicture. Appraisal for fresh credit requirements may be done by
analyzing funds flow inconjunction with the Cash Flow rather than only on the
basis of Funds Flow. Management Effectiveness: The general perception among
borrower is that it is lack of financethat leads to sickness and NPAs. But this may
not be the case all the time. Management 40
42. effectiveness in tackling adverse business conditions is a very important aspect
that affects aborrowing units fortunes. A bank may commit additional finance to
an align unit only afterbasic viability of the enterprise also in the context of quality
of management is examined andconfirmed. Where the default is due to deeper
malady, viability study or investigative auditshould be done it will be useful to
have consultant appointed as early as possible to examinethis aspect. A proper
techno- economic viability study must thus become the basis on which anyfuture
action can be considered. Multiple Financing: A. During the exercise for
assessment of viability and restructuring, a Pragmatic and unified approach by all
the lending banks/ FIs as also sharing of all relevant information on the borrower
would go a long way toward overall success of rehabilitation exercise, given the
probability of success/failure. B. In some default cases, where the unit is still
working, the bank should make sure that it captures the cash flows (there is a
tendency on part of the borrowers to switch bankers once they default, for fear of
getting their cash flows forfeited), and ensure that such cash flows are used for
working capital purposes. Toward this end, there should be regular flow of
information among consortium members. A bank, which is not part of the
consortium, may not be allowed to offer credit facilities to such defaulting clients.
Current account facilities may also be denied at non-consortium banks to such
clients and violation may attract penal action. The Credit Information Bureau of
India Ltd. (CIBIL) may be very useful for meaningful information exchange on
defaulting borrowers once the setup becomes fully operational. C. In a forum of
lenders, the priority of each lender will be different. While one set of lenders may
be willing to wait for a longer time to recover its dues, another lender may have a
much shorter timeframe in mind. So it is possible that the letter categories of
lenders may be willing to exit, even a t a cost by a discounted settlement of the
exposure. Therefore, any plan for restructuring/rehabilitation may take this aspect
into account. 41
43. D. Corporate Debt Restructuring mechanism has been institutionalized in 2001
to provide a timely and transparent system for restructuring of the corporate debt of
Rs. 20 crore and above with the banks and FIs on a voluntary basis and outside the
legal framework. Under this system, banks may greatly benefit in terms of
restructuring of large standard accounts (potential NPAs) and viable sub-standard
accounts with consortium/multiple banking arrangements. 42
44. NPA MANAGEMENT PRACTICES IN INDIA Formation of the Credit
Information Bureau (India) Limited (CIBIL) Release of Willful Defaulters List.
RBI also releases a list of borrowers with aggregate outstanding of Rs.1 crore and
above against whom banks have filed suits for recovery of their funds Reporting of
Frauds to RBI Norms of Lenders Liability framing of Fair Practices Code with
regard to lenders liability to be followed by banks, which indirectly prevents
accounts turning into NPAs on account of banks own failure Risk assessment and
Risk management RBI has advised banks to examine all cases of willful default of
Rs.1 crore and above and file suits in such cases. Board of Directors are required to
review NPA accounts of Rs.1 crore and above with special reference to fixing of
staff accountability. Reporting quick mortality cases Special mention accounts for
early identification of bad debts. Loans and advances overdue for less than one and
two quarters would come under this category. However, these accounts do not need
financial institutions. The CDRprocess would also enable viable corporate entities
to restructure their dues outsidethe existing legal framework and reduce the
incidence of fresh NPAs. The CDRstructure has been headquartered in IDBI,
Mumbai and a Standing Forum and CoreGroup for administering the mechanism
had already been put in place. Theexperiment however has not taken off at the
desired pace though more than sixmonths have lapsed since introduction. As
announced by the Honble FinanceMinister in the Union Budget 2002-03, RBI has
set up a high level Group under theChairmanship of Shri. Vepa Kamesam, Deputy
Governor, RBI to review theimplementation procedures of CDR mechanism and to
make it more effective. TheGroup will review the operation of the CDR Scheme,
identify the operationaldifficulties, if any, in the smooth implementation of the
scheme and suggest measuresto make the operation of the scheme more
efficient.Credit Information Bureau Institutionalization of information sharing
arrangements through thenewly formed Credit Information Bureau of India Ltd.
(CIBIL) is under way. RBI isconsidering the recommendations of the S.R.Iyer
Group (Chairman of CIBIL) tooperationalise the scheme of information
dissemination on defaults to the financial 49
51. system. The main recommendations of the Group include dissemination of
information relating to suit-filed accounts regardless of the amount claimed in the
suit or amount of credit granted by a credit institution as also such irregular
accounts where the borrower has given consent for disclosure. This, I hope, would
prevent those who take advantage of lack of system of information sharing
amongst lending institutions to borrow large amounts against same assets and
property, which had in no small measure contributed to the incremental NPAs of
banks. Proposed guidelines on willful defaults/diversion of funds RBI is examining
the recommendation of Kohli Group on willful defaulters. It is working out a
proper definition covering such classes of defaulters so that credit denials to this
group of borrowers can be made effective and criminal prosecution can be made
demonstrative against willful defaulters. Corporate Governance A Consultative
Group under the chairmanship of Dr. A.S. Ganguly was set up by the Reserve Bank
to review the supervisory role of Boards of banks and financial institutions and to
obtain feedback on the functioning of the Boards vis--vis compliance,
transparency, disclosures, audit committees etc. and make recommendations for
making the role of Board of Directors more effective with a view to minimizing
risks and over-exposure. The Group is finalizing its recommendations shortly and
may come out with guidelines for effective control and supervision by bank
boards over credit management and NPA prevention measures.[Dr. Bimal Jalan,
Governor, RBI, in a speech titled "Banking and Finance in the NewMillennium."
delivered at 22nd Bank Economists Conference, New Delhi, 5th February,2001] 50
52. INTERNATIONAL PRACTICES ON NPA MANAGEMENT Subsequent to
the Asian currency crisis which severely crippled the financial system in most
Inaddition to the above, some of the more recent and aggressive steps to resolve
NPAs have beentaken by Taiwan. Taiwanese financial institutions have been
encouraged to merge (though withlimited success) and form bank based AMCs
through the recent introduction of FinancialHolding Company Act and Financial
Institution Asian countries, the magnitude of NPAs inAsian financial institutions
was brought to light. Driven by the need to proactively tackle thesoaring NPA
levels the respective Governments embarked upon a program of substantial
reform.This involved setting up processes for early identification and resolution of
NPAs. The tablebelow provides a cross country comparison of approaches used for
NPA resolution. MergersAct. Alongside the Ministry of Finance has followed a
carrot and stick policy of specifying therequired NPA ratios for banks (5% by end
2003), while also providing flexibility in modes ofNPA asset resolution and a
conducive regulatory and tax environment. Deferred loss write-offprovisions have
been instituted to provide breathing space for lenders to absorb NPA writeoffs.While it is too early to comment on he success of the NPA resolution process
in Taiwan, theearly signs are encouraging. Detailed below are the some key NPA
management approachesadopted by banks in South East Asian countries.1. Credit
Risk MitigationAs part of the overall credit function of the bank, early recognition
of loans showing signs ofdistress is a key component. Credit risk management
focuses on assessing credit risk andmatching it with capital or provisions to cover
expected losses from default.2. Early Warning SystemsLoan monitoring is a
continuous process and Early Warning Systems are in place for staff
tocontinuously be alert for warning signs.3. Asset Management CompaniesTo
resolve NPA problems and help restore the health and confidence of the financial
sector, thecountries in South East Asia have used one broad uniform approach, i.e.
they set up specializedAsset Management Companies (AMCs) to tackle NPAs and
put in place Debt Restructuringmechanism to bring creditors and debtors together,
often working along with independentadvisors. This broad approach was locally
adapted and used with a varying degree of efficacyacross the region. For example,
while in some countries a centralized government sponsoredAMC model has been
used, in others a more decentralized approach has been used involving thecreation
of several "bank-based" AMCs. Further different countries have allowed/used
differentapproaches (in-house restructuring versus NPA Sale) to resolve their
NPAs. Additionally, theefficacy of bankruptcy and foreclosure laws has varied in
various countries. A number of factorsinfluenced the successful resolution of NPAs
through sale to AMCs and some of these keyfactors are discussed below 51