Non-performing-assets-of-banks

A
PROJECT REPORT
ON

COMPARATIVE ANALYSIS ON
NON PERFORMING ASSETS
OF PRIVATE AND PUBLIC SECTOR BANKS

SUBMITTED IN PARTIAL FULFILLMENT OF REQUIRMENT OF
PG PROGRAME

Institute of business management and research
Ahmadabad

SUBMITTED BY:
JIGAR J. SONI ( 5 )

Session: 2007-2009

[Comparative analysis on NPA of Private & Public sector Banks] Page 1

A
PROJECT REPORT
ON


SUBMITTED IN PARTIAL FULFILLMENT OF REQUIRMENT OF
PG PROGRAME

Institute of business management and research
Ahmadabad

SUBMITTED BY:
JIGAR J. SONI ( 5 )

Session: 2007-2009


ANNEXURE –A (COVER PAGE)

IBMR- INSTITUTE OF BUSINESS MANAGEMNT & RESEARCH
Code:-2911
Project title:

By:

Jigar J. Soni
Nirav N. Gusai

A project report submitted in partial fulfillment of the requirement for the
degree of MASTER OF BUSINESS ADMINISTRATION of SIKKIM MANIPAL
UNIVERSITY, INDIA.
Sikkim –Manipal university of Health, Medical and technological Sciences
Distance education wing
Syndicate house
Manipal-576 104


ANNEXURE B (STUDENT DECLARATION)

We here by declare that the project report entitled COMPARATIVE ANALYSIS
ON NON PERFORMING ASSETS OF PRIVATE AND PUBLIC SECTOR BANKS
submitted in partial fulfillment of the requirements for the degree of masters of
business Administration to Sikkim-Manipal University, India, are our original
work and not submitted for the award of any other degree, diploma, fellowship,
or any other similar title or prizes.

Reg.No: Name
520781709 JIGAR J. SONI

Date:

Place:


ANNEXURE –C (EXAMINER’S CERTIFICATE)

The project report by Jigar Soni & Nirav Gusai on COMPARATIVE
ANALYSIS ON NON PERFORMING ASSETS OF PRIVATE AND PUBLIC
SECTOR BANKS is approved and is acceptable in quality and form.

Internal examiner External examiner

Name:- Name:-
Qualification: - Qualification:-
Designation: - Designation:-


ANNUXERE – D (UNIVERSITY STUDY CENTRE CERTIFICATE)

This is to certify that the project report entitled COMPARATIVE ANALYSIS ON
NON PERFORMING ASSETS OF PRIVATE AND PUBLIC SECTORS BANKS
Submitted in partial fulfillment of the requirement for the degree of MASTER OF
BUSINESS ADMINISTRATION of SIKKIM MANIPAL UNIVERSITY of Health, Medical
and Technological science.

Jigar Soni and Nirav Gusai has worked under my supervision and that no
part of this report has been submitted for the award of any other degree,
Diploma , fellowship or other similar titles or prizes and that the work has been
published in any journal or Magazine.

Name Reg. no
Jigar Soni 520781709

Certified

(Guide’s Name and Qualification)


ACKNOWLEDGEMENT
With a deep sense of gratitude I express we thanks to all those who have
been instrumental in the development of the project report.

I am also grateful to Institute of Business Management And Research,
Ahmedabad who gave me a valuable opportunity of involving me in real
live business project. I am thankful to all the professors whose positive
attitude, guidance and faith in my ability spurred me to perform well.

I am also indebted to all lecturers, friends and associates for their valuable
advice, stimulated suggestions and overwhelming support without which
the project would not have been a success.


INTRODUCTION

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 banks, 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.


RESEARCH METHODOLOGY

Type of Research

The research methodology adopted for carrying out the study were

 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.

Scope of the Study
 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 OF THE 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

 To analyze financial performance of banks at different level of 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

Source of data collection
The data collected for the study was secondary data in Nature.


((( CONTENTS )))
CHAPTER SUBJECT COVERED PAGE
NO. NO.
1 Introduction to NPAs
2 Research Methodology
 Scope of Research
 Type of Research
 Sources of Data Collection
 Objective of Study
 Data Collection
3 Introduction to Topic
 Definition
 History of Indian Banking
 Non Performing Assets
 Factor for rise in NPAs
 Problem due to NPAs
 Types of NPAs
 Income Recognition
 Reporting of NPAs
4 Provisioning Norms
 General
 Floating provisions
 Leased Assets
 Guideline under special circumstances
5 Impact, Reasons and Symptoms of NPAs
 Internal & External Factor
 Early Symptoms
6 Preventive Measurement
 Early Recognition of Problem
 Identifying Borrowers with genuine Intent


 Timeliness
 Focus on Cash flow
 Management Effectiveness
 Multiple Financing
7 Tools for Recovery
 Willful default
 Inability to Pay
 Special Cases
 Role of ARCIL
8 Analysis
 Deposit-Investment-Advances
 Gross NPAs and Net NPAs
 Priority and Non-Priority Sector
9 Finding, Suggestions and Conclusions
10 Bibliography


Introduction to the topic

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 possible to avoid NPA, no can not be then left is to look after the factor
responsible for it and managing those factors.

Definitions:

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 overdue for a
period of more than 90 days in respect of a term loan,


 The account remains ‘out of order’ for a period of more than 90
days, in respect of an Overdraft/Cash Credit (OD/CC),

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

 Interest and/or instalment of principal remains overdue for 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 period of
more 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.


HISTORY OF INDIAN BANKING

A bank is a financial institution that provides banking and other financial
services. By the term bank is generally understood an institution that
holds a Banking Licenses. Banking licenses are granted by financial
supervision authorities and provide rights to conduct the most fundamental
banking services such as accepting deposits and making loans. There are
also financial institutions that provide certain banking services without
meeting the legal definition of a bank, a so-called Non-bank. Banks are a
subset of the financial services industry.

The word bank is derived from the Italian banca, which is derived from
German and means bench. The terms bankrupt and "broke" are similarly
derived from banca rotta, which refers to an out of business bank, having
its bench physically broken. Moneylenders in Northern Italy originally did
business in open areas, or big open rooms, with each lender working from
his own bench or table.

Typically, a bank generates profits from transaction fees on financial
services or the interest spread on resources it holds in trust for clients
while paying them interest on the asset. Development of banking industry
in India followed below stated steps.

 Banking in India has its origin as early as the Vedic period. It is
believed that the transition from money lending to banking must
have occurred even before Manu, the great Hindu Jurist, who has
devoted a section of his work to deposits and advances and laid
down rules relating to rates of interest.


 Banking in India has an early origin where the indigenous bankers
played a very important role in lending money and financing foreign
trade and commerce. During the days of the East India Company,
was the turn of the agency houses to carry on the banking
business. The General Bank of India was first Joint Stock Bank to
be established in the year 1786. The others which followed were
the Bank Hindustan and the Bengal Bank.

 In the first half of the 19th century the East India Company
established three banks; the Bank of Bengal in 1809, the Bank of
Bombay in 1840 and the Bank of Madras in 1843. These three
banks also known as Presidency banks were amalgamated in 1920
and a new bank, the Imperial Bank of India was established in
1921. With the passing of the State Bank of India Act in 1955 the
undertaking of the Imperial Bank of India was taken by the newly
constituted State Bank of India.

 The Reserve Bank of India which is the Central Bank was created
in 1935 by passing Reserve Bank of India Act, 1934 which was
followed up with the Banking Regulations in 1949. These acts
bestowed Reserve Bank of India (RBI) with wide ranging powers for
licensing, supervision and control of banks. Considering the
proliferation of weak banks, RBI compulsorily merged many of them
with stronger banks in 1969.

 The three decades after nationalization saw a phenomenal
expansion in the geographical coverage and financial spread of the
banking system in the country. As certain rigidities and weaknesses
were found to have developed in the system, during the late
eighties the Government of India felt that these had to be


addressed to enable the financial system to play its role in ushering
in a more efficient and competitive economy. Accordingly, a high-
level committee was set up on 14 August 1991 to examine all
aspects relating to the structure, organization, functions and
procedures of the financial system. Based on the recommendations
of the Committee (Chairman: Shri M. Narasimham), a
comprehensive reform of the banking system was introduced in
1992-93. The objective of the reform measures was to ensure that
the balance sheets of banks reflected their actual financial health.
One of the important measures related to income recognition, asset
classification and provisioning by banks, on the basis of objective
criteria was laid down by the Reserve Bank. The introduction of
capital adequacy norms in line with international standards has
been another important measure of the reforms process.

1. Comprises balance of expired loans, compensation and other
bonds such as National Rural Development Bonds and Capital
Investment Bonds. Annuity certificates are excluded.
2. These represent mainly non- negotiable non- interest bearing
securities issued to International Financial Institutions like
International Monetary Fund, International Bank for
Reconstruction and Development and Asian Development Bank.
3. At book value.
4. Comprises accruals under Small Savings Scheme, Provident
Funds, Special Deposits of Non- Government

 In the post-nationalization era, no new private sector banks were
allowed to be set up. However, in 1993, in recognition of the need
to introduce greater competition which could lead to higher
productivity and efficiency of the banking system, new private
sector banks were allowed to be set up in the Indian banking


system. These new banks had to satisfy among others, the
following minimum requirements:

(i) It should be registered as a public limited company;
(ii) The minimum paid-up capital should be Rs 100 crore;
(iii) The shares should be listed on the stock exchange;
(iv) The headquarters of the bank should be preferably located
in a centre which does not have the headquarters of any
other bank; and
(v) The bank will be subject to prudential norms in respect of
banking operations, accounting and other policies as laid
down by the RBI. It will have to achieve capital adequacy
of eight per cent from the very beginning.

 A high level Committee, under the Chairmanship of Shri M.
Narasimham, was constituted by the Government of India in
December 1997 to review the record of implementation of financial
system reforms recommended by the CFS in 1991 and chart the
reforms necessary in the years ahead to make the banking system
stronger and better equipped to compete effectively in international
economic environment. The Committee has submitted its report to
the Government in April 1998. Some of the recommendations of the
Committee, on prudential accounting norms, particularly in the
areas of Capital Adequacy Ratio, Classification of Government
guaranteed advances, provisioning requirements on standard
advances and more disclosures in the Balance Sheets of banks
have been accepted and implemented. The other
recommendations are under consideration.

 The banking industry in India is in a midst of transformation, thanks
to the economic liberalization of the country, which has changed

business environment in the country. During the pre-liberalization
period, the industry was merely focusing on deposit mobilization
and branch expansion. But with liberalization, it found many of its
advances under the non-performing assets (NPA) list. More
importantly, the sector has become very competitive with the entry
of many foreign and private sector banks. The face of banking is
changing rapidly. There is no doubt that banking sector reforms
have improved the profitability, productivity and efficiency of banks,
but in the days ahead banks will have to prepare themselves to
face new challenges.

Indian Banking: Key Developments
1969  Government acquires ownership in major banks
 Almost all banking operations in manual mode
 Some banks had Unit record Machines of IBM for IBR &
Pay roll
1970- 1980  Unprecedented expansion in geographical coverage, staff,
business & transaction volumes and directed lending to
agriculture, SSI & SB sector
 Manual systems struggle to handle exponential rise in
transaction volumes --
 Outsourcing of data processing to service bureau begins
 Back office systems only in Multinational (MNC) banks'
offices


1981- 1990  Regulator (read RBI) led IT introduction in Banks
 Product level automation on stand alone PCs at branches
(ALPMs)
 In-house EDP infrastructure with Unix boxes, batch
processing in Cobol for MIS.
 Mainframes in corporate office

1991-1995  Expansion slows down
 Banking sector reforms resulting in progressive de-
regulation of banking, introduction of prudential banking
norms entry of new private sector banks
 Total Branch Automation (TBA) in Govt. owned and old
private banks begins
 New private banks are set up with CBS/TBA form the start

1996-2000  New delivery channels like ATM, Phone banking and
Internet banking and convenience of any branch banking
and auto sweep products introduced by new private and
MNC banks
 Retail banking in focus, proliferation of credit cards
 Communication infrastructure improves and becomes
cheap. IDRBT sets up VSAT network for Banks
 Govt. owned banks feel the heat and attempt to respond
using intermediary technology, TBA implementation surges
ahead under fiat from Central Vigilance
 Commission (CVC), Y2K threat consumes last two years


2000-2003  Alternate delivery channels find wide consumer acceptance
 IT Bill passed lending legal validity to electronic transactions
 Govt. owned banks and old private banks start
implementing CBSs, but initial attempts face problems
 Banks enter insurance business launch debit cards

(Source: M.Y.KHAN, “INDIAN FINANCIAL SYSYEM”,3rd edition
Publication by TATA McGraw hill)


NON PERFORMING ASSETS (NPA)

WHAT IS A NPA (NON PERFORMING ASSETS) ?

Action for enforcement of security interest can be initiated only if the
secured asset is classified as Nonperforming asset.

Non performing asset means an asset or account of borrower ,which has
been classified by bank or financial institution as sub –standard , doubtful
or loss asset, in accordance with the direction or guidelines relating to
assets classification issued by RBI .

An amount due under any credit facility is treated as “past due” when it
is not been paid within 30 days from the due date. Due to the
improvement in the payment and settlement system, recovery climate, up
gradation of technology in the banking system etc, it was decided to
dispense with “past due “concept, with effect from March 31, 2001.
Accordingly as from that date, a Non performing asset shell be an
advance where

i. Interest and/or installment of principal remain overdue for a period
of more than 180 days in respect of a term loan,

ii. The account remains ‘out of order ‘ for a period of more than 180
days ,in respect of an overdraft/cash credit (OD/CC)

iii. The bill remains overdue for a period of more than 180 days in case
of bill purchased or discounted.

iv. Interest and/or principal remains overdue for two harvest season
but for a period not exceeding two half years in case of an advance
granted for agricultural purpose ,and

v. Any amount to be received remains overdue for a period of more
than 180 days in respect of other accounts

With a view to moving towards international best practices and to
ensure greater transparency, it has been decided to adopt ’90 days
overdue ‘norms for identification of NPAs ,from the year ending March
31,2004,a non performing asset shell be a loan or an advance where;

i. Interest and/or installment of principal remain overdue for a
period of more than 90 days in respect of a term loan,


ii. The account remains ‘out of order ‘ for a period of more than
90 days ,in respect of an overdraft/cash credit (OD/CC)

iii. The bill remains overdue for a period of more than 90 days
in case of bill purchased or discounted.

iv. Interest and/or principal remains overdue for two harvest
season but for a period not exceeding two half years in case
of an advance granted for agricultural purpose ,and

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

Out of order

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’.

Overdue

Any amount due to the bank under any credit facility is ‘overdue’ if it
is not paid on due date fixed by the bank.

FACTORS FOR RISE IN 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.

 EXTERNAL FACTORS :-
----------------------------------


 Ineffective recovery tribunal

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.

 Industrial sickness

Improper project handling , ineffective management , lack of
adequate resources , lack of advance technology , day to day
changing govt. Policies give birth to industrial sickness. Hence the


banks that finance those industries ultimately end up with a low
recovery of their loans reducing their profit and liquidity.

 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 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 safety

ii. Principle of liquidity

iii. Principles of profitability

i. 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:

a. Capacity to pay

b. Willingness to pay

Capacity to pay depends upon:
1. Tangible assets
2. Success in business

Willingness to pay depends on:
1. Character
2. Honest
3. 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
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.

• Banks should consider the borrowers own capital
investment.

• 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.


• Analyze the balance sheet.

True picture of business will be revealed on analysis of
profit/loss a/c and balance sheet.

• Purpose of the loan

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

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.

Like OSCB suffered loss due to the OTM Cuttack, and
Orissa hand loom industries. The biggest defaulters of OSCB are
the OTM (117.77lakhs), and the handloom sector Orissa hand loom
WCS ltd (2439.60lakhs).

 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 same have 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 the worst
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 worst
case if the bank fails, depositors loose their assets or uninsured
balance.

3. Banks redistribute losses to other borrowers by charging higher
interest rates, lower deposit rates and higher lending rates repress
saving and financial market, which hamper economic growth.

4. Non performing loans epitomize bad investment. They misallocate
credit 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 overdue for 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 period of
more 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.

'Out of Order' status:

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 six months as on the date
of Balance Sheet or credits are not enough to cover the interest debited
during the same period, these accounts should be treated as 'out of
order'.

‘Overdue’:
Any amount due to the bank under any credit facility is
‘overdue’ if it is not paid on the due date fixed by the bank.

Types of NPA

A] Gross NPA
B] Net NPA

A] Gross NPA:
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

B] Net NPA:
Net NPAs are those type of NPAs in which the bank has deducted the
provision regarding NPAs. Net NPA shows the actual burden of banks.
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_

Net NPAs  Gross NPAs – Provisions
Gross Advances - Provisions

INCOME RECOGNITION

Income recognition – Policy

 The policy of income recognition has to be objective and based 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 interest on
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.

 In respect of NPAs, fees, commission and similar income that have
accrued should cease to accrue in the current period and should be
reversed or provided for with respect to past periods, if uncollected.

Leased Assets


 The net lease rentals (finance charge) on the leased asset accrued
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 of finance
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' issued by
the Council of the Institute of Chartered Accountants of India (ICAI), a
separate Lease Equalisation Account should be 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 account
provided 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 the
borrower 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 consistent manner.

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 Suspense Account
or maintaining only a record of such interest in proforma accounts.

Reporting of NPAs

 Banks are required to furnish a Report on NPAs as on 31st March
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 in interest
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 technical write
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.

REPORTING FORMAT FOR NPA – GROSS AND NET NPA

Name of the Bank:
Position as on………
PARTICULARS
1) Gross Advanced *
2) Gross NPA *
3) Gross NPA as %age of Gross Advanced
4) Total deduction( a+b+c+d )
( a ) Balance in interest suspense a/c **
( b ) DICGC/ECGC claims received and held pending
adjustment
( c ) part payment received and kept in suspense a/c
( d ) Total provision held ***
5) Net advanced ( 1-4 )
6) Net NPA ( 2-4 )
7) Net NPA as a %age of Net Advance
*excluding Technical write-off of Rs.________crore.

**Banks which do not maintain an interest suspense a/c to park the
accrued interest on NPAs may furnish the amount of interest receivable on
NPAs.

***Excluding amount of Technical write-off (Rs.______crore) and provision
on standard assets. (Rs._____crore).


Asset Classification
-------------------------------
Categories of NPAs

Standard Assets:
Standard assets are the ones in which the bank is receiving interest as
well as the principal amount of the loan regularly from the customer. Here
it is also very important that in this case the arrears of interest and the
principal amount of loan does not exceed 90 days at the end of financial
year. If asset fails to be in category of standard asset that is amount due
more than 90 days then it is NPA and NPAs are further need to classify in
sub categories.


Banks are required to classify non-performing assets
further into the following three categories based on the period for which
the asset has remained non-performing and the realisability of the dues:

( 1 ) Sub-standard Assets
( 2 ) Doubtful Assets
( 3 ) Loss Assets

( 1 ) Sub-standard Assets:--
With effect from 31 March 2005, a sub standard asset would be one,
which has remained NPA for a period less than or equal to 12 month. The
following features are exhibited by sub standard assets: the current net
worth of the borrowers / guarantor or the current market value of the
security charged is not enough to ensure recovery of the dues to the
banks in full; and the asset has well-defined credit weaknesses that
jeopardise the liquidation of the debt and are characterised by the distinct
possibility that the banks will sustain some loss, if deficiencies are not
corrected.

( 2 ) Doubtful Assets:--
A loan classified as doubtful has all the weaknesses inherent in assets
that were classified as sub-standard, with the added characteristic that the
weaknesses make collection or liquidation in full, – on the basis of
currently known facts, conditions and values – highly questionable and
improbable.

With effect from March 31, 2005, an asset would be classified as doubtful
if it remained in the sub-standard category for 12 months.


( 3 ) Loss Assets:--
A loss asset is one which considered uncollectible and of such little value
that its continuance as a bankable asset is not warranted- although there
may be some salvage or recovery value. Also, these assets would have
been identified as ‘loss assets’ by the bank or internal or external auditors
or the RBI inspection but the amount would not have been written-off
wholly.

Provisioning Norms
------------------------------------------
General

 In order to narrow down the divergences and ensure adequate
provisioning by banks, it was suggested that a bank's statutory
auditors, if they so desire, could have a dialogue with RBI's
Regional Office/ inspectors who carried out the bank's inspection
during the previous year with regard to the accounts contributing to
the difference.

 Pursuant to this, regional offices were advised to forward a list of
individual advances, where the variance in the provisioning


requirements between the RBI and the bank is above certain cut off
levels so that the bank and the statutory auditors take into account
the assessment of the RBI while making provisions for loan loss,
etc.

 The primary responsibility for making adequate provisions for any
diminution in the value of loan assets, investment or other assets is
that of the bank managements and the statutory auditors. The
assessment made by the inspecting officer of the RBI is furnished
to the bank to assist the bank management and the statutory
auditors in taking a decision in regard to making adequate and
necessary provisions in terms of prudential guidelines.

 In conformity with the prudential norms, provisions should be made
on the non-performing assets on the basis of classification of
assets into prescribed categories as detailed in paragraphs 4
supra. Taking into account the time lag between an account
becoming doubtful of recovery, its recognition as such, the
realisation of the security and the erosion over time in the value of
security charged to the bank, the banks should make provision
against sub-standard assets, doubtful assets and loss assets as
below:

Loss assets:
The entire asset should be written off. If the assets are permitted to
remain in the books for any reason, 100 percent of the outstanding should
be provided for.

Doubtful assets:


 100 percent of the extent to which the advance is not covered by
the realisable value of the security to which the bank has a valid
recourse and the realisable value is estimated on a realistic basis.

 In regard to the secured portion, provision may be made on the
following basis, at the rates ranging from 20 percent to 50 percent
of the secured portion depending upon the period for which the
asset has remained doubtful:

Period for which the advance has Provision
been considered as doubtful requirement (%)

Up to one year 20

One to three years 30
More than three years: 60% with effect from March
31,2005.
(1) Outstanding stock of NPAs as on
March 31, 2004. 75% effect from March 31,
2006.
(2) Advances classified as ‘doubtful’
more than three years on or after 100% with effect from
April 1, 2004. March 31, 2007.


 Additional provisioning consequent upon the change in the
definition of doubtful assets effective from March 31, 2003 has to
be made in phases as under:

 As on 31.03.2003, 50 percent of the additional provisioning
requirement on the assets which became doubtful on account of new
norm of 18 months for transition from sub-standard asset to doubtful
category.

 As on 31.03.2002, balance of the provisions not made during the
previous year, in addition to the provisions needed, as on 31.03.2002.

 Banks are permitted to phase the additional provisioning
consequent upon the reduction in the transition period from
substandard to doubtful asset from 18 to 12 months over a four
year period commencing from the year ending March 31, 2005, with
a minimum of 20 % each year.

Note: Valuation of Security for provisioning purposes

With a view to bringing down divergence arising out of difference in
assessment of the value of security, in cases of NPAs with balance of Rs.
5 crore and above stock audit at annual intervals by external agencies
appointed as per the guidelines approved by the Board would be
mandatory in order to enhance the reliability on stock valuation. Valuers
appointed as per the guidelines approved by the Board of Directors should
get collaterals such as immovable properties charged in favour of the bank
valued once in three years.


Sub-standard assets:

A general provision of 10 percent on total outstanding should be made
without making any allowance for DICGC/ECGC guarantee cover and
securities available.

Standard assets:

 From the year ending 31.03.2000, the banks should make a
general provision of a minimum of 0.40 percent on standard assets
on global loan portfolio basis.

 The provisions on standard assets should not be reckoned for
arriving at net NPAs.

 The provisions towards Standard Assets need not be netted from
gross advances but shown separately as 'Contingent Provisions
against Standard Assets' under 'Other Liabilities and Provisions -
Others' in Schedule 5 of the balance sheet.

Floating provisions:

Some of the banks make a 'floating provision' over
and above the specific provisions made in respect of accounts identified
as NPAs. The floating provisions, wherever available, could be set-off
against provisions required to be made as per above stated provisioning
guidelines. Considering that higher loan loss provisioning adds to the


overall financial strength of the banks and the stability of the financial
sector, banks are urged to voluntarily set apart provisions much above the
minimum prudential levels as a desirable practice.

Provisions on Leased Assets:
Leases are peculiar transactions where the assets are not recorded in the
books of the user of such assets as Assets, whereas they are recorded in
the books of the owner even though the physical existence of the asset is
with the user (lessee). __(AS19 ICAI)

 Sub-standard assets : -

 10 percent of the 'net book value'.

 As per the 'Guidance Note on Accounting for Leases' issued by the
ICAI, 'Gross book value' of a fixed asset is its historical cost or other
amount substituted for historical cost in the books of account or financial
statements. Statutory depreciation should be shown separately in the
Profit & Loss Account. Accumulated depreciation should be deducted from
the Gross Book Value of the leased asset in the balance sheet of the
lesser to arrive at the 'net book value'.

 Also, balance standing in 'Lease Adjustment Account' should be
adjusted in the 'net book value' of the leased assets. The amount of


adjustment in respect of each class of fixed assets may be shown either in
the main balance sheet or in the Fixed Assets Schedule as a separate
column in the section related to leased assets.

 Doubtful assets :-
100 percent of the extent to which the finance is not secured by the
realisable value of the leased asset. Realisable value to be estimated on a
realistic basis. In addition to the above provision, the following provision
on the net book value of the secured portion should be made,
depending upon the period for which asset has been doubtful:

Period %age of provision

Up to one year 20

One to three years 30

More than three years 50

 Loss assets :-
The entire asset should be written-off. If for any reason, an asset is
allowed to remain in books, 100 percent of the sum of the net investment
in the lease and the unrealised portion of finance income net of finance
charge component should be provided for. ('net book value')

Guidelines for Provisions under Special
Circumstances


Government guaranteed advances

 With effect from 31 March 2000, in respect of advances sanctioned
against State Government guarantee, if the guarantee is invoked and
remains in default for more than two quarters (180 days at present), the
banks should make normal provisions as prescribed in paragraph 4.1.2
above.

 As regards advances guaranteed by State Governments, in respect of
which guarantee stood invoked as on 31.03.2000, necessary provision
was allowed to be made, in a phased manner, during the financial years
ending 31.03.2000 to 31.03.2003 with a minimum of 25 percent each year.

Advances granted under rehabilitation packages
approved by BIFR/term lending institutions:

 In respect of advances under rehabilitation package approved by
BIFR/term lending institutions, the provision should continue to be made in
respect of dues to the bank on the existing credit facilities as per their
classification as sub-standard or doubtful asset.

 As regards the additional facilities sanctioned as per package finalised
by BIFR and/or term lending institutions, provision on additional facilities
sanctioned need not be made for a period of one year from the date of
disbursement.


 In respect of additional credit facilities granted to SSI units which are
identified as sick [as defined in RPCD circular No.PLNFS.BC.57 /
06.04.01/2001-2002 dated 16 January 2002] and where rehabilitation
packages/nursing programmes have been drawn by the banks themselves
or under consortium arrangements, no provision need be made for a
period of one year.

Advances against term deposits, NSCs eligible for
surrender, IVPs, KVPs, and life policies are
exempted from provisioning requirements.

However, advances against gold ornaments,
government securities and all other kinds of
securities are not exempted from provisioning
requirements.

Treatment of interest suspense account:

Amounts held in Interest Suspense Account should not be reckoned as
part of provisions. Amounts lying in the Interest Suspense Account should
be deducted from the relative advances and thereafter, provisioning as per
the norms, should be made on the balances after such deduction.

Advances covered by ECGC/DICGC guarantee


In the case of advances guaranteed by DICGC/ECGC, provision should
be made only for the balance in excess of the amount guaranteed by
these Corporations. Further, while arriving at the provision required to be
made for doubtful assets, realisable value of the securities should first be
deducted from the outstanding balance in respect of the amount
guaranteed by these Corporations and then provision made as illustrated
hereunder:

Example

Outstanding Balance Rs. 4 lakhs

DICGC Cover 50 percent

Period for which the advance has remained More than 3 years
doubtful remained doubtful

Value of security held Rs. 1.50 lakhs
(excludes worth of Rs.)

Provision required to be made

Outstanding balance Rs. 4.00 lakhs

Less: Value of security held Rs. 1.50 lakhs

Unrealised balance Rs. 2.50 lakhs

Less: DICGC Cover Rs. 1.25 lakhs
(50% of unrealisable balance)


Net unsecured balance Rs. 1.25 lakhs

Provision for unsecured portion of Rs. 1.25 lakhs (@ 100 percent of
advance unsecured portion)

Provision for secured portion of Rs. 0.75 lakhs (@ 50 percent of
advance secured portion)

Total provision required to be made Rs. 2.00 lakhs

Advance covered by CGTSI guarantee

In case the advance covered by CGTSI guarantee becomes non-
performing, no provision need be made towards the guaranteed portion.
The amount outstanding in excess of the guaranteed portion should be
provided for as per the extant guidelines on provisioning for non-
performing advances. Two illustrative examples are given below:

Example I

Asset classification status: Doubtful – More than 3 years;

CGTSI Cover 75% of the amount outstanding
or 75% of the unsecured amount
or Rs.18.75 lakh, whichever is
the least


Realisable value of Security Rs.1.50 lakh

Balance outstanding Rs.10.00 lakh

Less Realisable value of Rs. 1.50 lakh
security

Unsecured amount Rs. 8.50 lakh

Less CGTSI cover (75%) Rs. 6.38 lakh

Net unsecured and Rs. 2.12 lakh
uncovered portion:

Provision Required

Secured portion Rs.1.50 lakh Rs. 0.75 lakh (@ 50%)

Unsecured & uncovered Rs.2.12 lakh Rs. 2.12 lakh ( 100%)
portion

Total provision required Rs. 2.87 lakh

Example II

Asset classification status Doubtful – More than 3 years;


CGTSI Cover 75% of the amount outstanding
or75% of the unsecured amount
or Rs.18.75 lakh, whichever is
the least

Realisable value of Security Rs.10.00 lakh

Balance outstanding Rs.40.00 lakh

Less Realisable value of Rs. 10.00 lakh
security

Unsecured amount Rs. 30.00 lakh

Less CGTSI cover (75%) Rs. 18.75 lakh

Net unsecured and Rs. 11.25 lakh
uncovered portion:

Provision Required

Secured portion Rs.10.00 lakh Rs. 5.00 lakh (@ 50%)

Unsecured & uncovered Rs.11.25 lakh Rs.11.25 lakh (100%)
portion

Total provision required Rs. 16.25 lakh

Take-out finance


The lending institution should make provisions against a 'take-out finance'
turning into NPA pending its take-over by the taking-over institution. As
and when the asset is taken-over by the taking-over institution, the
corresponding provisions could be reversed.

Reserve for Exchange Rate Fluctuations Account
(RERFA)

When exchange rate movements of Indian rupee turn adverse, the
outstanding amount of foreign currency denominated a loan (where actual
disbursement was made in Indian Rupee) which becomes overdue goes
up correspondingly, with its attendant implications of provisioning
requirements. Such assets should not normally be revalued. In case such
assets need to be revalued as per requirement of accounting practices or
for any other requirement, the following procedure may be adopted:

 The loss on revaluation of assets has to be booked in the bank's Profit
& Loss Account.

Besides the provisioning requirement as per Asset Classification, banks
should treat the full amount of the Revaluation Gain relating to the
corresponding assets, if any, on account of Foreign Exchange Fluctuation
as provision against the particular assets.


Impact of NPA

 Profitability:-
NPA means booking of money in terms of bad
asset, which occurred due 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 doesn’t 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.

 Liquidity:-
Money is getting blocked, decreased profit lead to lack of enough cash at
hand which lead to borrowing money for shotrtes 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. Routine payments
and dues.

 Involvement of management:-
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 day’s banks have special employees to
deal and handle NPAs, which is additional cost to the bank.

 Credit loss:-
Bank is facing problem of NPA then it adversely affect the value of bank in
terms of market credit. It will lose it’s goodwill and brand image and credit
which have negative impact to the people who are putting their money in
the banks .


REASONS FOR NPA:

Reasons can be divided in to two broad categories:-

A] Internal Factor
B] External Factor

[ A ] Internal Factors:-

Internal Factors are those, which are internal to the bank and are
controllable by banks.

• Poor lending decision:

• Non-Compliance to lending norms:

• Lack of post credit supervision:

• Failure to appreciate good payers:

• Excessive overdraft lending:


• Non – Transparent accounting policy:

[ B ] External Factors:-
External factors are those, which are external to banks they are not
controllable by banks.

• Socio political pressure:

• Chang in industry environment:

• Endangers macroeconomic disturbances:

• Natural calamities

• Industrial sickness

• Diversion of funds and willful defaults

• Time/ cost overrun in project implementation

• Labour problems of borrowed firm

• Business failure

• Inefficient management


• Obsolete technology

• Product obsolete

Early symptoms by which one can
recognize a performing asset turning in
to Non-performing asset

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 amount of
that installment.
 While monitoring the accounts it is found that partial amount is
diverted to sister concern or parent company.

(2) 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.
 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:

 Changes in Government policies.
 Death of borrower.
 Competition in the market.


Preventive Measurement For NPA

 Early Recognition of the Problem:-

Invariably, by the time banks start their efforts to get involved in a revival
process, it’s too late to retrieve the situation- both in terms of rehabilitation
of the project and recovery of bank’s 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 promoter’s
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.

 Identifying Borrowers with Genuine Intent:-
Identifyi
ng 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 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 “Special Investigation” 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.

Timeliness and Adequacy of response:-

Longer the delay in response, grater 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
promoter’s 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.

 Focus on Cash Flows:-


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.

 Management Effectiveness:-

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 adverse business conditions is a
very important aspect that affects a borrowing unit’s 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.

 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.

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

Credit Default

Inability to Pay Willful default

Unviable Viable

Rehabilitation Lok Adalat
Debt Recovery
Compromise Securitization
Tribunals
Act

Sole Banker Asset
Consortium Finance Reconstruction

Corporate Debt Restructuring

Fresh Issue of Conversion Fresh WC Limit Rephasement of
Term Loan into WCTL Repayment Period


Once NPA occurred, one must come out of it or it should be managed in
most efficient manner. Legal ways and means are there to over come and
manage NPAs. We will look into each one of it.

 Willful Default :-
A] Lok Adalat and Debt Recovery Tribunal

B] Securitization Act

C] Asset Reconstruction

Lok Adalat:

Lok Adalat institutions help banks to settle disputes involving
account in “doubtful” and “loss” category, with outstanding balance of Rs.
5 lakh for compromise settlement under Lok Adalat. Debt recovery
tribunals have been empowered to organize Lok Adalat to decide on
cases of NPAs of Rs. 10 lakh and above. This mechanism has proved to
be quite effective for speedy justice and recovery of small loans. The
progress through this channel is expected to pick up in the coming years.

 Debt Recovery Tribunals(DRT):

The recovery of debts due to
banks and financial institution passed in March 2000 has helped in
strengthening the function of DRTs. Provision for placement of more than
one recovery officer, power to attach defendant’s property/assets before
judgment, penal provision for disobedience of tribunal’s order or for breach
of any terms of order and appointment of receiver with power of
realization, management, protection and preservation of property are


expected to provide necessary teeth to the DRTs and speed up the
recovery of NPAs in the times to come. DRTs which have been set up by
the Government to facilitate speedy recovery by banks/DFIs, have not
been able make much impact on loan recovery due to variety of reasons
like inadequate number, lack of infrastructure, under staffing and frequent
adjournment of cases. It is essential that DRT mechanism is strengthened
and vested with a proper enforcement mechanism to enforce their orders.
Non observation of any order passed by the tribunal should amount to
contempt of court, the DRT should have right to initiate contempt
proceedings. The DRT should empowered to sell asset of the debtor
companies and forward the proceed to the winding – up court for
distribution among the lenders

 Inability to Pay

Consortium arrangements:
Asset classification of
accounts under consortium should be based on the record of recovery of
the individual member banks and other aspects having a bearing on the
recoverability of the advances. Where the remittances by the borrower
under consortium lending arrangements are pooled with one bank and/or
where the bank receiving remittances is not parting with the share of other
member banks, the account will be treated as not serviced in the books of
the other member banks and therefore, be treated as NPA. The banks
participating in the consortium should, therefore, arrange to get their share
of recovery transferred from the lead bank or get an express consent from
the lead bank for the transfer of their share of recovery, to ensure proper
asset classification in their respective books.


Corporate debt Restructuring (CDR):

Background
In spite of their best efforts and intentions, sometimes corporate find
themselves in financial difficulty because of factors beyond their control
and also due to certain internal reasons. For the revival of the corporate
as well as for the safety of the money lent by the banks and FIs, timely
support through restructuring in genuine cases is called for. However,
delay in agreement amongst different lending institutions often comes in
the way of such endeavours.

Based on the experience in other countries like the U.K., Thailand,
Korea, etc. of putting in place institutional mechanism for restructuring of
corporate debt and need for a similar mechanism in India, a Corporate
Debt Restructuring System has been evolved, as under :

Objective

The objective of the Corporate Debt Restructuring (CDR)
framework is to ensure timely and transparent mechanism for restructuring
of the corporate debts of viable entities facing problems, outside the
purview of BIFR, DRT and other legal proceedings, for the benefit of
all concerned. In particular, the framework will aim at preserving viable
corporate that are affected by certain internal and external factors and
minimize the losses to the creditors and other stakeholders through an
orderly and coordinated restructuring programme.


Structure:

CDR system in the country will have a three-tier structure:

(A) CDR Standing Forum
(B) CDR Empowered Group
(C) CDR Cell

(A) CDR Standing Forum :

The CDR Standing Forum would be the representative general
body of all financial institutions and banks participating in CDR system. All
financial institutions and banks should participate in the system in their
own interest. CDR Standing Forum will be a self-empowered body, which
will lay down policies and guidelines, guide and monitor the progress of
corporate debt restructuring.

The Forum will also provide an official platform for both the
creditors and borrowers (by consultation) to amicably and collectively
evolve policies and guidelines for working out debt restructuring plans in
the interests of all concerned.

The CDR Standing Forum shall comprise Chairman & Managing
Director, Industrial Development Bank of India; Managing Director,
Industrial Credit & Investment Corporation of India Limited; Chairman,
State Bank of India; Chairman, Indian Banks Association and Executive
Director, Reserve Bank of India as well as Chairmen and Managing
Directors of all banks and financial institutions participating as permanent
members in the system. The Forum will elect its Chairman for a period of
one year and the principle of rotation will be followed in the subsequent


years. However, the Forum may decide to have a Working Chairman as a
whole-time officer to guide and carry out the decisions of the CDR
Standing Forum.

A CDR Core Group will be carved out of the CDR Standing Forum
to assist the Standing Forum in convening the meetings and taking
decisions relating to policy, on behalf of the Standing Forum. The Core
Group will consist of Chief Executives of IDBI, ICICI, SBI, Bank of Baroda,
Bank of India, Punjab National Bank, Indian Banks Association and a
representative of Reserve Bank of India.

The CDR Standing Forum shall meet at least once every six
months and would review and monitor the progress of corporate debt
restructuring system. The Forum would also lay down the policies and
guidelines to be followed by the CDR Empowered Group and CDR Cell for
debt restructuring and would ensure their smooth functioning and
adherence to the prescribed time schedules for debt restructuring. It can
also review any individual decisions of the CDR Empowered Group and
CDR Cell.

The CDR Standing Forum, the CDR Empowered Group and CDR
Cell (described in following paragraphs) shall be housed in IDBI. All
financial institutions and banks shall share the administrative and other
costs. The sharing pattern shall be as determined by the Standing Forum.

CDR Empowered Group and CDR Cell:

The individual cases of corporate debt restructuring shall be
decided by the CDR Empowered Group, consisting of ED level
representatives of IDBI, ICICI Limited and SBI as standing members, in
addition to ED level representatives of financial institutions and banks who


have an exposure to the concerned company. In order to make the CDR
Empowered Group effective and broad based and operate efficiently and
smoothly, it would have to be ensured that each financial institution and
bank, as participants of the CDR system, nominates a panel of two or
three EDs, one of whom will participate in a specific meeting of the
Empowered Group dealing with individual restructuring cases. Where,
however, a bank / financial institution has only one Executive Director, the
panel may consist of senior officials, duly authorized by its Board. The
level of representation of banks/ financial institutions on the CDR
Empowered Group should be at a sufficiently senior level to ensure that
concerned bank / FI abides by the necessary commitments including
sacrifices, made towards debt restructuring.

The Empowered Group will consider the preliminary report of all
cases of requests of restructuring, submitted to it by the CDR Cell. After
the Empowered Group decides that restructuring of the company is prima-
facie feasible and the enterprise is potentially viable in terms of the
policies and guidelines evolved by Standing Forum, the detailed
restructuring package will be worked out by the CDR Cell in conjunction
with the Lead Institution.

The CDR Empowered Group would be mandated to look into each
case of debt restructuring, examine the viability and rehabilitation
potential of the Company and approve the restructuring package within
a specified time frame of 90 days, or at best 180 days of reference to
the Empowered Group.

There should be a general authorisation by the respective Boards
of the participating institutions / banks in favour of their representatives on
the CDR Empowered Group, authorising them to take decisions on behalf


of their organization, regarding restructuring of debts of individual
corporate.

The decisions of the CDR Empowered Group shall be final and
action-reference point. If restructuring of debt is found viable and feasible
and accepted by the Empowered Group, the company would be put on the
restructuring mode. If, however, restructuring is not found viable, the
creditors would then be free to take necessary steps for immediate
recovery of dues and / or liquidation or winding up of the company,
collectively or individually.

CDR Cell:
The CDR Standing Forum and the CDR Empowered Group will be
assisted by a CDR Cell in all their functions. The CDR Cell will make the
initial scrutiny of the proposals received from borrowers / lenders, by
calling for proposed rehabilitation plan and other information and put up
the matter before the CDR Empowered Group, within one month to decide
whether rehabilitation is prima facie feasible, if so, the CDR Cell will
proceed to prepare detailed Rehabilitation Plan with the help of lenders
and if necessary, experts to be engaged from outside. If not found prima
facie feasible, the lenders may start action for recovery of their dues.

To begin with, CDR Cell will be constituted in IDBI, Mumbai and
adequate members of staff for the Cell will be deputed from banks and
financial institutions. The CDR Cell may also take outside professional
help. The initial cost in operating the CDR mechanism including CDR Cell
will be met by IDBI initially for one year and then from contribution from
the financial institutions and banks in the Core Group at the rate of Rs.50
lakh each and contribution from other institutions and banks at the rate of
Rs.5 lakh each.


All references for corporate debt restructuring by lenders or
borrowers will be made to the CDR Cell. It shall be the responsibility of the
lead institution / major stakeholder to the corporate, to work out a
preliminary restructuring plan in consultation with other stakeholders and
submit to the CDR Cell within one month. The CDR Cell will prepare the
restructuring plan in terms of the general policies and guidelines approved
by the CDR Standing Forum and place for the consideration of the
Empowered Group within 30 days for decision. The Empowered Group
can approve or suggest modifications, so, however, that a final decision
must be taken within a total period of 90 days. However, for sufficient
reasons the period can be extended maximum upto 180 days from the
date of reference to the CDR Cell.

Other features:
CDR will be a Non-statutory mechanism.

CDR mechanism will be a voluntary system based on debtor-
creditor agreement and inter-creditor agreement.

The scheme will not apply to accounts involving only one financial
institution or one bank. The CDR mechanism will cover only multiple
banking accounts / syndication / consortium accounts with outstanding
exposure of Rs.20 crore and above by banks and institutions.

The CDR system will be applicable only to standard and sub-
standard accounts. However, as an interim measure, permission for
corporate debt restructuring will be made available by RBI on the basis of
specific recommendation of CDR "Core-Group", if a minimum of 75 per
cent (by value) of the lenders constituting banks and FIs consent for CDR,


irrespective of differences in asset classification status in banks/ financial
institutions. There would be no requirement of the account / company
being sick, NPA or being in default for a specified period before
reference to the CDR Group. However, potentially viable cases of NPAs
will get priority. This approach would provide the necessary flexibility and
facilitate timely intervention for debt restructuring. Prescribing any
milestone(s) may not be necessary, since the debt restructuring exercise
is being triggered by banks and financial institutions or with their consent.
In no case, the requests of any corporate indulging in wilful default or
misfeasance will be considered for restructuring under CDR.

Reference to Corporate Debt Restructuring System could be
triggered by (i) any or more of the secured creditor who have minimum
20% share in either working capital or term finance, or (ii) by the
concerned corporate, if supported by a bank or financial institution having
stake as in (i) above.

Legal Basis

The legal basis to the CDR mechanism shall be provided by the
Debtor-Creditor Agreement (DCA) and the Inter-Creditor Agreement.
The debtors shall have to accede to the DCA, either at the time of original
loan documentation (for future cases) or at the time of reference to
Corporate Debt Restructuring Cell. Similarly, all participants in the CDR
mechanism through their membership of the Standing Forum shall have to
enter into a legally binding agreement, with necessary enforcement and
penal clauses, to operate the System through laid-down policies and
guidelines.


Stand-Still Clause:

One of the most important elements of Debtor-
Creditor Agreement would be 'stand still' agreement binding for 90
days, or 180 days by both sides. Under this clause, both the debtor and
creditor(s) shall agree to a legally binding 'stand-still' whereby both
the parties commit themselves not to taking recourse to any other
legal action during the 'stand-still' period, this would be necessary for
enabling the CDR System to undertake the necessary debt restructuring
exercise without any outside intervention judicial or otherwise.

The Inter-Creditors Agreement would be a legally binding
agreement amongst the secured creditors, with necessary enforcement
and penal clauses, wherein the creditors would commit themselves to
abide by the various elements of CDR system. Further , the creditors shall
agree that if 75% of secured creditors by value, agree to a debt
restructuring package, the same would be binding on the remaining
secured creditors.

Accounting treatment for restructured accounts

The accounting treatment of accounts restructured under CDR would be
governed by the prudential norms indicated in circular DBOD. BP. BC. 98 /
21.04.048 / 2000-01 dated March 30, 2001. Restructuring of corporate
debts under CDR could take place in the following stages:

 Before commencement of commercial production;
 After commencement of commercial production but before the
asset has been classified as sub-standard;


 After commencement of commercial production and the asset has
been classified as sub-standard.

The prudential treatment of the accounts, subjected to restructuring under
CDR, would be governed by the following norms:

Treatment of standard accounts restructured under CDR:

 A rescheduling of the instalments of principal alone, at any of the
aforesaid first two stages [paragraph 5(a) and (b) above] would not
cause a standard asset to be classified in the sub-standard
category, provided the loan / credit facility is fully secured.

 A rescheduling of interest element at any of the foregoing first two
stages would not cause an asset to be downgraded to sub-
standard category subject to the condition that the amount of
sacrifice, if any, in the element of interest, measured in present
value terms, is either written off or provision is made to the extent of
the sacrifice involved. For the purpose, the future interest due as
per the original loan agreement in respect of an account should be
discounted to the present value at a rate appropriate to the risk
category of the borrower (i.e. current PLR + the appropriate credit
risk premium for the borrower-category) and compared with the
present value of the dues expected to be received under the
restructuring package, discounted on the same basis.

 In case there is a sacrifice involved in the amount of interest in
present value terms, as at (b) above, the amount of sacrifice should
either be written off or provision made to the extent of the sacrifice
involved.


Treatment of sub-standard accounts restructured under
CDR

A rescheduling of the instalments of principal alone, would render a
sub-standard asset eligible to be continued in the sub-standard category
for the specified period, provided the loan / credit facility is fully secured.

A rescheduling of interest element would render a sub-standard
asset eligible to be continued to be classified in sub-standard category for
the specified period subject to the condition that the amount of sacrifice, if
any, in the element of interest, measured in present value terms, is either
written off or provision is made to the extent of the sacrifice involved. For
the purpose, the future interest due as per the original loan agreement in
respect of an account should be discounted to the present value at a rate
appropriate to the risk category of the borrower (i.e., current PLR + the
appropriate credit risk premium for the borrower-category) and compared
with the present value of the dues expected to be received under the
restructuring package, discounted on the same basis.

In case there is a sacrifice involved in the amount of interest in
present value terms, as at (b) above, the amount of sacrifice should either
be written off or provision made to the extent of the sacrifice involved.
Even in cases where the sacrifice is by way of write off of the past interest
dues, the asset should continue to be treated as sub-standard.

The sub-standard accounts at (ii) (a), (b) and (c) above, which have
been subjected to restructuring, etc. whether in respect of principal
instalment or interest amount, by whatever modality, would be eligible to
be upgraded to the standard category only after the specified period,
i.e., a period of one year after the date when first payment of interest or


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