Final Npa Management

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    PREFACE

    In order to understand what is the impact of Non

    Performing Assets on the banking sector in terms of

    banks' asset quality. A high level of NPAs in the

    banking system can severely affect the economy in

    many ways. Management and financial resources ofthe banking system are diverted to resolution of NPA

    causing an opportunity loss for productive use of

    resources. Large scale NPAs, when left unattended,

    cause continued economic and financial

    degradation.

    The study will be undertaken based on literature

    preview from various resources like national daily

    newspapers, financial news papers, web sites of

    various entities like RBI, World Bank, and Indian

    Bankers association and internet research and a

    report got a shape.

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    This Report will help the reader to understand impact

    of NPAs, various measures taken to improve the

    efficiency and profitability and for finding out the real

    solution to making realistic provisions based on

    assessment of realizations from NPAs towards their

    dues.

    TABLE OF CONTENTS

    11 IInnttrroodduuccttiioonn ttoo NNPPAAss

    22 RReesseeaarrcchh MMeetthhooddoollooggyy

    33 OObbjjeeccttiivvee aanndd SSccooppee ooffSSttuuddyy

    44 FFaaccttoorrss ffoorrRRiissee iinn NNPPAAss

    55 IImmppaacctt,, RReeaassoonnss && SSyymmppttoommss ooffNNPPAA

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    66 PPrreevveennttiivvee MMeeaassuurreess

    77 TToooollss ffoorrRReeccoovveerryy

    88 OObbsseerrvvaattiioonn aanndd FFiinnddiinnggss99 AAnnaallyyssiiss

    1100 FFiinnddiinngg,, SSuuggggeessttiioonnss && CCoonncclluussiioonnss

    1111 BBiibblliiooggrraapphhyy

    INTRODUCTION

    TO

    THEPROJECT

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    The accumulation of huge non-performing assets in banks has

    assumed great importance. The depth of the problem of bad debts

    was first realized only in early 1990s. The magnitude of NPAs in

    banks and financial institutions is over Rs.1,50,000 crores.

    While gross NPA reflects the quality of the loans made by banks,

    net NPA shows the actual burden of banks. Now it is increasingly

    evident that the major defaulters are the big borrowers coming

    from the non-priority sector. The banks and financial

    institutions have to take the initiative to reduce NPAs in a time

    bound strategic approach.

    Public sector banks figure prominently in the debate not only

    because they dominate the banking industries, but also since they

    have much larger NPAs compared with the private sector banks.

    This raises a concern in the industry and academia because it is

    generally felt that NPAs reduce the profitability of a bank,

    weaken its financial health and erode its solvency.

    For the recovery of NPAs a broad framework has evolved for the

    management of NPAs under which several options are provided for

    debt recovery and restructuring. Banks and FIs have the freedom

    to design and implement their own policies for recovery and

    write-off incorporating compromise and negotiated settlements.

    WWhhaatt iiss NNPPAA??????

    The three letters NPA Strike terror in banking sector and

    business circle today. NPA is short form of Non Performing

    Asset. The dreaded NPA rule says simply this: when interest or

    other due to a bank remains unpaid for more than 90 days, the

    entire bank loan automatically turns a non performing asset. The

    recovery of loan has always been problem for banks and financial

    institution. To come out of these first we need to think is it

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    possible to avoid NPA, no can not be then left is to look after

    the factor responsible for it and managing those factors.

    DDEEFFIINNIITTIIOONNSS::

    An asset, including a leased asset, becomes non-performing when

    it ceases to generate income for the bank.

    A non-performing asset (NPA) was defined as a credit facility

    in respect of which the interest and/ or instalment of principal

    has remained past due for a specified period of time.

    With a view to moving towards international best practices and to

    ensure greater transparency, it has been decided to adopt the 90

    days overdue norm for identification of NPAs, from the year

    ending March 31, 2004. Accordingly, with effect from March 31,

    2004, a non-performing asset (NPA) shall be a loan or an advance

    where;

    Interest and/ or instalment of principal remain overduefor a period of more than 90 days in respect of a

    term loan,

    The account remains out of order for a period of morethan 90 days, in respect of an Overdraft/Cash Credit

    (OD/CC),

    The bill remains overdue for a period of more than 90days in the case of bills purchased and discounted,

    Interest and/or instalment of principal remains overduefor two harvest seasons but for a period not exceeding

    two half years in the case of an advance granted for

    agricultural purposes, and

    Any amount to be received remains overdue for a periodof more than 90 days in respect of other accounts.

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    OOuutt ooff oorrddeerr

    An account should be treated as out of order if the outstanding

    balance remains continuously in excess of sanctioned limit /drawing

    power. in case where the out standing balance in the principal

    operating account is less than the sanctioned amount /drawing power,

    but there are no credits continuously for six months as on the date

    of balance sheet or credit are not enough to cover the interest

    debited during the same period ,these account should be treated as

    out of order.

    OOvveerrdduuee

    Any amount due to the bank under any credit facility is overdue if

    it is not paid on due date fixed by the bank. As a facilitating

    measure for smooth transition to 90 days norm, banks have been advised

    to move over to charging of interest at monthly rests, by April 1,

    2002. However, the date of classification of an advance as NPA should

    not be changed on account of charging of interest at monthly rests.

    Banks should, therefore, continue to classify an account as NPA only

    if the interest charged during any quarter is not serviced fully

    within 180 days from the end of the quarter with effect from April 1,

    2002 and 90 days from the end of the quarter with effect from March

    31, 2004.

    RREESSEEAARRCCHH MMEETTHHOODDOOLLOOGGYY

    Type of Research:

    The research methodology adopted for carrying out the study

    were

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    In this project Descriptive research methodologies were use. At the first stage theoretical study is attempted. At the second stage Historical study is attempted. At the Third stage Comparative study of NPA is undertaken.

    SSCCOOPPEEOOFFTTHHEE SSTTUUDDYY

    Concept of Non Performing Asset Guidelines Impact of NPAs Reasons for NPAs Preventive Measures Tools to manage NPAs

    SAMPLING PLAN

    To prepare this Project we took five banks from public sector as well

    as five banks from private sector.

    OBJECTIVES OFTHE STUDY

    The basic idea behind undertaking the Grand Project on NPA was to:

    To evaluate NPAs (Gross and Net) in different banks. To study the past trends of NPA To calculate the weighted of NPA in risk management in

    Banking

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    To analyze financial performance of banks at different levelof NPA

    To evaluate profitability positions of banks To evaluate NPA level in different economic situation. To Know the Concept of Non Performing Asset To Know the Impact of NPAs To Know the Reasons for NPAs To learn Preventive Measures

    Types of NPA

    AA.. GGrroossss NNPPAA::

    Gross NPAs are the sum total of all loan assets that are

    classified as NPAs as per RBI guidelines as on Balance Sheet

    date. Gross NPA reflects the quality of the loans made by banks.

    It consists of all the non standard assets like as sub-standard,

    doubtful, and loss assets.

    It can be calculated with the help of following ratio:Gross NPAs Ratio = Gross NPAs

    Gross Advances

    BB.. NNeettNNPPAA::

    Net NPAs are those type of NPAs in which the bank has deducted

    the provision regarding NPAs. Net NPA shows the actual burden ofbanks. Since in India, bank balance sheets contain a huge amount

    of NPAs and the process of recovery and write off of loans is

    very time consuming, the provisions the banks have to make

    against the NPAs according to the central bank guidelines, are

    quite significant. That is why the difference between gross and

    net NPA is quite high.It can be calculated by following:

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    Net NPAs = Gross NPAs Provisions

    Gross Advances - Provisions

    INCOMERECOGNITION

    IInnccoommee rreeccooggnniittiioonn PPoolliiccyy

    The policy of income recognition has to be objective andbased on the record of recovery. Internationally income from non-

    performing assets (NPA) is not recognised on accrual basis but is

    booked as income only when it is actually received. Therefore,

    the banks should not charge and take to income account interest

    on any NPA.

    However, interest on advances against term deposits, NSCs,IVPs, KVPs and Life policies may be taken to income account on

    the due date, provided adequate margin is available in the

    accounts.

    Fees and commissions earned by the banks as a result of re-negotiations or rescheduling of outstanding debts should be

    recognised on an accrual basis over the period of time covered by

    the re-negotiated or rescheduled extension of credit.

    If Government guaranteed advances become NPA, the intereston such advances should not be taken to income account unless the

    interest has been realised.

    Reversal of income:

    If any advance, including bills purchased and discounted,becomes NPA as at the close of any year, interest accrued and

    credited to income account in the corresponding previous year,

    should be reversed or provided for if the same is not realised.

    This will apply to Government guaranteed accounts also.

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    Leased Assets

    The net lease rentals (finance charge) on the leased assetaccrued and credited to income account before the asset

    became non-performing, and remaining unrealised, should be

    reversed or provided for in the current accounting period.

    The term 'net lease rentals' would mean the amount offinance charge taken to the credit of Profit & Loss Account

    and would be worked out as gross lease rentals adjusted by

    amount of statutory depreciation and lease equalisation

    account.

    As per the 'Guidance Note on Accounting for Leases' issuedby the Council of the Institute of Chartered Accountants of

    India (ICAI), a separate Lease Equalisation Account shouldbe opened by the banks with a corresponding debit or credit

    to Lease Adjustment Account, as the case may be. Further,

    Lease Equalisation Account should be transferred every year

    to the Profit & Loss Account and disclosed separately as a

    deduction from/addition to gross value of lease rentals

    shown under the head 'Gross Income'.

    Appropriation of recovery in NPAs

    Interest realised on NPAs may be taken to income accountprovided the credits in the accounts towards interest are

    not out of fresh/ additional credit facilities sanctioned to

    the borrower concerned.

    In the absence of a clear agreement between the bank and theborrower for the purpose of appropriation of recoveries in

    NPAs (i.e. towards principal or interest due), banks should

    adopt an accounting principle and exercise the right of

    appropriation of recoveries in a uniform and consistentmanner.

    Interest Application:

    There is no objection to the banks using their own discretion in

    debiting interest to an NPA account taking the same to Interest

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    Suspense Account or maintaining only a record of such interest in

    performa accounts.

    Reporting of NPAs

    Banks are required to furnish a Report on NPAs as on 31stMarch each year after completion of audit. The NPAs would

    relate to the banks global portfolio, including the

    advances at the foreign branches. The Report should be

    furnished as per the prescribed format given in the Annexure

    I.

    While reporting NPA figures to RBI, the amount held ininterest suspense account, should be shown as a deduction

    from gross NPAs as well as gross advances while arriving at

    the net NPAs. Banks which do not maintain Interest Suspense

    account for parking interest due on non-performing advance

    accounts, may furnish the amount of interest receivable on

    NPAs as a foot note to the Report.

    Whenever NPAs are reported to RBI, the amount of technicalwrite off, if any, should be reduced from the outstanding

    gross advances and gross NPAs to eliminate any distortion in

    the quantum of NPAs being reported.

    FACTORS FORRISEIN NPAs

    The banking sector has been facing the serious problems of the rising

    NPAs. But the problem of NPAs is more in public sector banks when

    compared to private sector banks and foreign banks. The NPAs in PSB

    are growing due to external as well as internal factors.

    EXTERNALFACTORS :-

    Ineffective recovery tribunal

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    The Govt. has set of numbers of recovery tribunals, which works

    for recovery of loans and advances. Due to their negligence and

    ineffectiveness in their work the bank suffers the consequence of

    non-recover, their by reducing their profitability and liquidity.

    Willful Defaults

    There are borrowers who are able to payback loans but are

    intentionally withdrawing it. These groups of people should be

    identified and proper measures should be taken in order to get back

    the money extended to them as advances and loans.

    Natural calamities

    This is the measure factor, which is creating alarming rise in

    NPAs of the PSBs. every now and then India is hit by major

    natural calamities thus making the borrowers unable to pay back

    there loans. Thus the bank has to make large amount of provisions

    in order to compensate those loans, hence end up the fiscal with

    a reduced profit.

    Mainly ours farmers depends on rain fall for cropping. Due to

    irregularities of rain fall the farmers are not to achieve the

    production level thus they are not repaying the loans.

    Lack of demand

    Entrepreneurs in India could not foresee their product demand and

    starts production which ultimately piles up their product thus

    making them unable to pay back the money they borrow to operate

    these activities. The banks recover the amount by selling of

    their assets, which covers a minimum label. Thus the banks record

    the non recovered part as NPAs and has to make provision for it.

    Change on Govt. policies

    With every new govt. banking sector gets new policies for its

    operation. Thus it has to cope with the changing principles and

    policies for the regulation of the rising of NPAs. The fallout of

    handloom sector is continuing as most of the weavers Co-operative

    societies have become defunct largely due to withdrawal of state

    patronage. The rehabilitation plan worked out by the Central

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    government to revive the handloom sector has not yet been

    implemented. So the over dues due to the handloom sectors are

    becoming NPAs.

    INTERNAL FACTORS :-

    Defective Lending process

    There are three cardinal principles of bank lending that have

    been followed by the commercial banks since long.

    i. Principles of safetyii. Principle of liquidityiii. Principles of profitability

    Principles of safety :-

    By safety it means that the borrower is in a position to repay

    the loan both principal and interest. The repayment of loan

    depends upon the borrowers:

    Capacity to pay depends upon:

    y Tangible assetsy Success in business

    Willingness to pay depends on:

    y Charactery Honesty Reputation of borrower

    The banker should, there fore take utmost care in ensuring that the

    enterprise or business for which a loan is sought is a sound one and

    the borrower is capable of carrying it out successfully .he should be

    a person of integrity and good character.

    Inappropriate technology

    Due to inappropriate technology and management information

    system, market driven decisions on real time basis can not be

    taken. Proper MIS and financial accounting system is not

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    implemented in the banks, which leads to poor credit collection,

    thus NPA. All the branches of the bank should be computerized.

    Improper SWOT analysis

    The improper strength, weakness, opportunity and threat analysis

    is another reason for rise in NPAs. While providing unsecured

    advances the banks depend more on the honesty, integrity, and

    financial soundness and credit worthiness of the borrower.

    y Banks should consider the borrowers own capital investment.y it should collect credit information of the borrowers

    from:-

    a.From bankers.b.Enquiry from market/segment of trade, industry,

    business.

    c.From external credit rating agencies.y Analyze the balance sheet.True picture of business will be

    revealed on analysis of profit/loss a/c and balance

    sheet.

    When bankers give loan, he should analyze the purpose of the

    loan. To ensure safety and liquidity, banks should grant loan for

    productive purpose only. Bank should analyze the profitability,

    viability, long term acceptability of the project while

    financing.

    Poor credit appraisal system

    Poor credit appraisal is another factor for the rise in NPAs. Due

    to poor credit appraisal the bank gives advances to those who are

    not able to repay it back. They should use good credit appraisal

    to decrease the NPAs.

    Managerial deficiencies

    The banker should always select the borrower very carefully and

    should take tangible assets as security to safe guard its

    interests. When accepting securities banks should consider the:-

    1. Marketability

    2. Acceptability

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    3. Safety

    4. Transferability.

    The banker should follow the principle of diversification of risk

    based on the famous maxim do not keep all the eggs in one

    basket; it means that the banker should not grant advances to a

    few big farms only or to concentrate them in few industries or in

    a few cities. If a new big customer meets misfortune or certain

    traders or industries affected adversely, the overall position of

    the bank will not be affected.

    Absence of regular industrial visit

    The irregularities in spot visit also increases the NPAs.

    Absence of regularly visit of bank officials to the customer

    point decreases the collection of interest and principals on the

    loan. The NPAs due to willful defaulters can be collected by

    regular visits.

    Re loaning process

    Non remittance of recoveries to higher financing agencies and re

    loaning of the samehave already affected the smooth operation of

    the credit cycle.

    Due to re loaning to the defaulters and CCBs and PACs, the NPAs

    of OSCB is increasing day by day.

    PROBLEMS DUE TO NPA

    1.Owners do not receive a market return on there capital .in theworst case, if the banks fails, owners loose their assets. In

    modern times this may affect a broad pool of shareholders.

    2.Depositors do not receive a market return on saving. In the worstcase if the bank fails, depositors loose their assets or

    uninsured balance.

    3.Banks redistribute losses to other borrowers by charging higherinterest rates, lower deposit rates and higher lending rates

    repress saving and financial market, which hamper economic

    growth.

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    4.Non performing loans epitomize bad investment. They misallocatecredit from good projects, which do not receive funding, to

    failed projects. Bad investment ends up in misallocation of

    capital, and by extension, labour and natural resources.

    Non performing asset may spill over the banking system and

    contract the money stock, which may lead to economic contraction.

    This spill over effect can channelize through liquidity or bank

    insolvency:

    a) When many borrowers fail to pay interest, banks may experience

    liquidity shortage. This can jam payment across the country,

    b) Illiquidity constraints bank in paying depositors

    .c) Undercapitalized banks exceeds the banks capital base.

    The three letters Strike terror in banking sector and business

    circle today. NPA is short form of Non Performing Asset. The

    dreaded NPA rule says simply this: when interest or other due to

    a bank remains unpaid for more than 90 days, the entire bank loan

    automatically turns a non performing asset. The recovery of loan

    has always been problem for banks and financial institution. To

    come out of these first we need to think is it possible to avoid

    NPA, no can not be then left is to look after the factor

    responsible for it and managing those factors.

    Interest and/or instalment of principal remains overduefor two harvest seasons but for a period not exceedingtwo half years in the case of an advance granted for

    agricultural purposes, and

    Any amount to be received remains overdue for a period ofmore than 90 days in respect of other accounts.

    As a facilitating measure for smooth transition to 90 days norm,

    banks have been advised to move over to charging of interest at

    monthly rests, by April 1, 2002. However, the date of

    classification of an advance as NPA should not be changed on

    account of charging of interest at monthly rests. Banks should,therefore, continue to classify an account as NPA only if the

    interest charged during any quarter is not serviced fully within

    180 days from the end of the quarter with effect from April 1,

    2002 and 90 days from the end of the quarter with effect from

    March 31, 2004.

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    Impact of NPA

    PPrrooffiittaabbiilliittyy::--

    NPA means booking of money in terms of bad asset, which occurreddue to wrong choice of client. Because of the money getting

    blocked the prodigality of bank decreases not only by the amount

    of NPA but NPA lead to opportunity cost also as that much of

    profit invested in some return earning project/asset. So NPA

    doesnt affect current profit but also future stream of profit,

    which may lead to loss of some long-term beneficial opportunity.

    Another impact of reduction in profitability is low ROI (return

    on investment), which adversely affect current earning of bank.

    LLiiqquuiiddiittyy::--

    Money is getting blocked, decreased profit lead to lack of enough

    cash at hand which lead to borrowing money for shot\rtes period

    of time which lead to additional cost to the company. Difficulty

    in operating the functions of bank is another cause of NPA due to

    lack of money.

    IInnvvoollvveemmeenntt ooff mmaannaaggeemmeenntt::--

    Time and efforts of management is another indirect cost which

    bank has to bear due to NPA. Time and efforts of management in

    handling and managing NPA would have diverted to some fruitful

    activities, which would have given good returns. Now days banks

    have special employees to deal and handle NPAs, which is

    additional cost to the bank.

    CCrreeddiitt lloossss::--

    Bank is facing problem of NPA then it adversely affect the value

    of bank in terms of market credit. It will lose its goodwill and

    brand image and credit which have negative impact to the people

    who are putting their money in the banks.

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    SYMPTOMS OF NPAs

    Four categories of early symptoms:-

    ( 1 ) 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 over due bills.% Declining Current Ratio.% Payment which does not cover the interest and principal amountof that installment.

    % While monitoring the accounts it is found that partial amount isdiverted to sister concern or parent company.

    ( 2 ) Operational and Physical:

    % If information is received that the borrower has eitherinitiated 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 thecity where borrower conduct his business.

    % Frequent changes in plan.% Non payment of wages.

    ( 3 ) Attitudinal Changes:

    % Use for personal comfort, stocks and shares by borrower.

    % Avoidance of contact with bank.

    % Problem between partners.

    ( 4 ) Others:

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    % Changes in Government policies.

    % Death of borrower.

    % Competition in the market.

    Preventive Measurement For NPA

    'EEaarrllyyRReeccooggnniittiioonn oofftthhee PPrroobblleemm::--

    Invariably, by the time banks start their efforts to get

    involved in a revival process, its too late to retrieve the

    situation- both in terms of rehabilitation of the project andrecovery of banks dues. Identification of weakness in the very

    beginning that is : When the account starts showing first signs

    of weakness regardless of the fact that it may not have become

    NPA, is imperative. Assessment of the potential of revival may be

    done on the basis of a techno-economic viability study.

    Restructuring should be attempted where, after an objective

    assessment of the promoters intention, banks are convinced of a

    turnaround within a scheduled timeframe. In respect of totally

    unviable units 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

    position becomes worse.

    'IIddeennttiiffyyiinnggBBoorrrroowweerrss wwiitthh GGeennuuiinneeIInntteenntt::--

    Identifying borrowers with genuine intent from those who are non-

    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 ones who has

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    intelligent inputs with regard to promoters sincerity, and

    capability to achieve turnaround. Base don this objective

    assessment, banks should decide as quickly as possible whether it

    would be worthwhile to commit additional finance.

    In this regard banks may consider having SpecialInvestigation

    of all financial transaction or business transaction, books of

    account in order to ascertain real factors that contributed to

    sickness of the borrower. Banks may have penal of technical

    experts with proven expertise and track record of preparing

    techno-economic 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.

    'TTiimmeelliinneessss aannddAAddeeqquuaaccyyooffrreessppoonnssee::--

    Longer is the delay in response, greater the injury to the

    account and the asset. Time is a crucial element in any

    restructuring or rehabilitation activity. The response decided on

    the basis of techno-economic study and promoters commitment, has

    to be adequate in terms of extend of additional funding and

    relaxations etc. under the restructuring exercise. The package of

    assistance may be flexible and bank may look at the exit option.

    'FFooccuuss oonnCCaasshhFFlloowwss::--

    While financing, at the time of restructuring the banks may not

    be guided by the conventional fund flow analysis only, which

    could yield a potentially misleading picture. Appraisal for fresh

    credit requirements may be done by analyzing funds flow in

    conjunction with the Cash Flow rather than only on the basis of

    Funds Flow.

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    ' MMaannaaggeemmeennttEEffffeeccttiivveenneessss::--

    The general perception among borrower is that it is lack of

    finance that leads to sickness and NPAs. But this may not be the

    case all the time. Management effectiveness in tackling adversebusiness conditions is a very important aspect that affects a

    borrowing units fortunes. A bank may commit additional finance

    to an aling unit only after basic viability of the enterprise

    also in the context of quality of management is examined and

    confirmed. Where the default is due to deeper malady, viability

    study or investigative audit should be done it will be useful

    to have consultant appointed as early as possible to examine this

    aspect. A proper techno- economic viability study must thus

    become the basis on which any future action can be considered.

    'MMuullttiipplleeFFiinnaanncciinngg::--

    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

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    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.

    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.

    TOOLS FOR RECOVERY OF NPAS

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    MANAGEMENT OF NPAS: SECURITIZATION

    1. NPAs in India - The Current Scenario

    For the past few years, the Indian Banking system has been

    struggling to manage the vast portfolio of bad loans, popularly

    known as Non-Performing Assets (NPAs). The problem is more acute

    in the case of PSU banks. As of March 2003, the total NPAs of the

    private and public sector banks put together stood at a whopping

    Rs 65,000 crore (Source: Trend and Progress of Banking in India,

    RBI).

    NPAs, simply defined, are those loans and advances in respect of

    which interest and/or principal instalment have not been paid for

    180 days from the due date. From April 1, 2004, however, any loan

    on which interest or principal installment is not paid for more

    than 90 days would be reckoned as NPA. The banking system is,

    therefore, sure to see a swelling NPA portfolio in the coming

    years. This poses a serious liquidity and credit risk on the

    banking system, which unless managed effectively would jeopardize

    the same.

    Thus, to prevent the collapse of the whole system due to non-

    payment of loans by the borrowers, there ought to be some

    mechanism in place. Two major steps were taken in this regard -

    1.The RBI directed the banks to maintain compulsory provisionsfor different types of NPAs;

    2.The Securitization and Reconstruction of Financial Assetsand Enforcement of Security Interest Act, 2002 was enacted.

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    The SARFAESI Act allowed the banks and financial institutions to

    take possession of the collateral security given by the

    defaulting borrowers and sell these assets without having to go

    through protracted legal procedures.

    2. Securitization

    Securitization is the process of conversion of existing assets or

    future cash flows into marketable securities. For the purpose of

    distinction, the conversion of existing assets into marketable

    securities is known as asset-backed securitization and the

    conversion of future cash flows into marketable securities is

    known as future-flows securitization.

    The purpose of the Securitization Act is to promote the setting

    up of asset reconstruction / securitization companies to take

    over the Non Performing Assets (NPA) accumulated with the banks

    and public financial institutions. The Act provides special

    powers to lenders and securitization / asset reconstruction

    companies, to enable them to take over of assets of borrowers

    without first resorting to courts.

    The Act was welcomed by the banking community, but resisted by

    the borrower community. The validity was challenged in various

    courts on the ground that it was predominantly in favor of

    lenders. Hence, lenders were unable to enforce the provisions in

    full. But the crux of the issue was whether the Act would be an

    effective tool to make a drastic difference to the NPA menace.

    3. Securitization - Relevance to the Banking Sector

    The growth in credit off take of banks has been the second

    highest in the last 55 years. But at the same time the

    incremental credit deposit ratio for the past one-year has been

    greater than one. Thus, for every Rs 100 worth of deposit coming

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    into the system more than Rs 100 is being disbursed as credit.

    So, the mismatch between the credit given and the funds received

    creates an issue of proper management of increased credit off-

    take.

    One of the measures adopted by the banks to cater to this credit

    boom is by selling their investments in government securities and

    giving the amount raised as loans. But there is a limit to such

    credit funding due to minimum SLR requirements of 25% in

    government and semi government securities.

    Once the banks reach this level of 25 per cent, they cannot sell

    any more government securities to generate liquidity. And giventhe pace of credit off take, some banks could reach this level

    very fast. So banks, in order to keep giving credit, need to

    ensure that more deposits keep coming in.

    Securitization also helps banks to sell off their NPAs to asset

    reconstruction companies (ARCs). ARCs, which are typically

    publicly / government owned, act as debt aggregators and are

    engaged in acquiring bad loans from the banks at a discounted

    price, thereby helping banks to focus on core activities. On

    acquiring bad loans ARCs restructure them and sell them to other

    investors as 'Pass Through Certificates' (PTCs), thereby freeing

    the banking system to focus on normal banking activities.

    4. Future Outlook

    Securitization is expected to become more popular in the near

    future in the banking sector. Banks are expected to sell off a

    greater amount of NPAs toARCIL by 2007, when they have to shift

    to Basel-II norms. Blocking too much capital in NPAs can reduce

    the capital adequacy of banks and can be a hindrance for banks to

    meet the Basel-II norms. Thus, banks will have two options -

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    either to raise more capital or to free capital tied up in NPAs

    and other loans through securitization

    BASEL II Primer: New Capital Adequacy Framework for

    Banks.

    Banking industry is the backbone of any country's economy; the

    sounder it is, the better the performance of the financial

    markets and the economy as a whole. Just like any other industry,

    banking industry is susceptible to various types of risks which

    might occasionally occur in losses, and at times they tend to be

    so severe that they take entire firm down with them. To hedge

    against such risks, banks keep a minimum buffer of equity and

    provisions (regulatory capital), given a certain amount of

    various kinds of risks.

    The size of this regulatory capital was determined by Based

    Accord (Basel I) earlier and now by Basel II Framework. Basel

    Committee on Banking Supervision (BCBS) is responsible to frame

    these rules; the committee has members from various (13)

    countries that are represented by their respective central banks

    or equivalent authority.

    Basel II Framework on capital adequacy takes into account the

    elements of credit risk in various types of assets in the balance

    sheet as well as off-balance sheet business and also attempts to

    strengthen the capital base of banks. BCBS released the

    "International Convergence of Capital Measurement and Capital

    Standards: ARevisedFramework" on 26 June 2004. This was then

    updated in November 2005 to include trading activities and the

    treatment of double default effects. The revised framework seeks

    to arrive at significantly more risk-sensitive approaches to

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    viz. sub standard, doubtful, and loss assets. A loan asset is

    classified as sub standard if it remains NPA up to a period of 18

    months; doubtful if it remains NPA for more than 18 months; and

    loss, without any waiting period, where the dues are considered not

    collectible or marginally collectible.

    Net NPA is gross NPA less provisions. Since in India, bank balance

    sheets contains a huge amount of NPAs and the process of recovery and

    write off of loans is very time consuming, the provisions the banks

    have to make against the NPA according to the central bank guidelines,

    are quite significant.

    Here, we can see that there are huge difference between gross and net

    NPA. While gross NPA reflects the quality of the loans made by banks,

    net NPA shows the actual burden of banks. The requirements for

    provisions are :

    100% for loss assets 100% of the unsecured portion plus 20-50% of the secured portion,depending on the period for which the account has remained in the

    doubtful category

    10% general provision on the outstanding balance under the substandard category.

    FINDINGS & SUGGESTIONS

    After the global financial turmoil in 2008, Indian banks begin the new

    year with a lurking fear that their Non Performing Assets would go up

    with their portfolios coming under severe stress.

    There is already a visible strain on consumer, credit card and vehicle

    loan portfolios and many banks have taken conscious decision to scale

    down their advances to risky sectors. Some banks have also revised

    their credit growth targets downwards as the year has come to a close.

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    The ongoing financial crisis has had its toll on export-related

    sectors like IT, textile and SMEs. This may indirectly impact

    banks' asset quality. There is, therefore, a pressing need to

    ensure adequate risk-management mechanisms to overcome this

    challenge. Indian banks witnessed a sharp jump in their gross

    NPAs for the first time in six years in FY08, compelling many of

    them to enhance their existing risk assessment tools. Gross NPAs

    of commercial banks in FY08 escalated by Rs 6,136 crore (Rs 61.36

    billion), according to figures released by the Reserve Bank.

    Despite pressures emanating from global financial markets, Indian

    banks witnessed a healthy 25 to 29 per cent average growth in

    credit disbursals, primarily in housing, auto and infrastructure

    loans. Banks witnessed a huge credit demand from their corporate

    clients who found their foreign funding sources drying up in the

    aftermath of the global meltdown which originated with the

    subprime-crisis in America in mid-2007. The growth in credit in

    the industry in 2008 was in the range of 25 to 29 per cent on

    account of working capital requirements of small, mid and large-

    sized industries, bankers expect an average 25 per cent in their

    credit in 2009.

    While government-owned banks were quick to respond to the recent

    signals from policy-makers by reducing interest rates periodically,

    many private banks are yet to follow suit, mainly owing to pressure on

    their margins.

    Government-owned banks have effected an up to 1 to 1.5 per cent

    reduction in their Prime Lending Rates in the recent past heeding

    calls from the government and the Reserve Bank to do so in order to

    ensure a credit pick-up. PLR is the benchmark rate, based on which

    private banks lend to their customers.