Professional Documents
Culture Documents
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.
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;
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,
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
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.
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.
( 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.
EXTERNAL FACTORS
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.
Wilful 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.
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 nonrecovered part as NPAs and has to make provision for it.
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.
There are three cardinal principles of bank lending that have been followed by the
commercial banks since long.
i. Principles of safety
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
Inappropriate technology
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.
a. From bankers
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.
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 wilful defaulters can be collected by
regular visits.
Re loaning process
Due to re loaning to the defaulters and CCBs and PACs, the NPAs of OSCB is
increasing day by day.
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 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. 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 .
NPA MANAGEMENT – PREVENTIVE MEASURES
• Release of Wilful Defaulter’s List. RBI also releases a list of borrowers with
aggregate outstanding of Rs.1 crore and above against whom banks have filed
suits for recovery of their funds
• RBI has advised banks to examine all cases of wilful default of Rs.1 crore and
above and file suits in such cases. Board of Directors are required to review NPA
accounts of Rs.1 crore and above with special reference to fixing of staff
accountability.
• Special mention accounts for early identification of bad debts. Loans and advances
overdue for less than one and two quarters would come under this category.
However, these accounts do not need provisioning
NPA MANAGEMENT - RESOLUTION
• Banks are free to design and implement their own policies for recovery and write
off incorporation compromise and negotiated settlements with board approval
• Specific guidelines were issued in May 1999 for one time settlement of small
enterprise sector.
• Guidelines were modified in July 2000 for recovery of NPAs of Rs.5 crore and
less as on 31st March 2007.
Restructuring / Reschedulement
• Banks are free to design and implement their own policies for restructuring/
rehabilitation of the NPA accounts
• Reschedulement of payment of interest and principal after considering the Debt
service coverage ratio, contribution of the promoter and availability of security
Lok Adalat
• Speedy Recovery
• Veil of Authority
• Soft Defaulters
• Less expensive
• The legal basis for the mechanism is provided by the Inter-Creditor Agreement
(ICA). All participants in the CDR mechanism must enter the ICA with necessary
enforcement and penal clauses.
• The scheme applies to accounts having multiple banking/ syndication/ consortium
accounts with outstanding exposure of Rs.10 crores and above.
• The banks and FIs can enforce their securities by initiating recovery proceeding
under the Recovery if Debts due to Banks and FI act, 1993 (DRT Act) by filing an
application for recovery of dues before the Debt Recovery Tribunal constituted
under the Act.
• DRT has powers to grant injunctions against the disposal, transfer or creation of
third party interest by debtors in the properties charged to creditor and to pass
attachment orders in respect of charged properties
• For claims below Rs.10 lacs, the banks and FIs can initiate proceedings under the
Code of Civil Procedure of 1908, as amended, in a Civil court.
• The courts are empowered to pass injunction orders restraining the debtor through
itself or through its directors, representatives, etc from disposing of, parting with
or dealing in any manner with the subject property.
• Courts are also empowered to pass attachment and sales orders for subject
property before judgment, in case necessary.
• The sale of subject property is normally carried out by way of open public auction
subject to confirmation of the court.
• The foreclosure proceedings, where the DRT Act is not applicable, can be initiated
under the Transfer of Property Act of 1882 by filing a mortgage suit where the
procedure is same as laid down under the CPC.
• BIFR has been given the power to consider revival and rehabilitation of companies
under the Sick Industrial Companies (Special Provisions) Act of 1985 (SICA),
which has been repealed by passing of the Sick Industrial Companies (Special
Provisions) Repeal Bill of 2001.
• The board of Directors shall make a reference to BIFR within sixty days from the
date of finalization of the duly audited accounts for the financial year at the end of
which the company becomes sick
• The company making reference to BIFR to prepare a scheme for its revival and
rehabilitation and submit the same to BIFR the procedure is same as laid down
under the CPC.
• In December 2002, the Indian Parliament passed the Companies Act of 2002
(Second Amendment) to restructure the Companies Act, 1956 leading to a new
regime of tackling corporate rescue and insolvency and setting up of NCLT.
• NCLT will abolish SICA, have the jurisdiction and power relating to winding up
of companies presently vested in the High Court and jurisdiction and power
exercised by Company Law Board
• However, the quality and skills of judges, newly appointed or existing, will need
to be reinforced and no provision has been made for appropriate procedures to
evaluate the performance of judges based on the standards
• The NPA must be held by the purchasing bank at least for a period of 15 months
before it is sold to other banks but not to bank, which originally sold the NPA.
• The NPA may be classified as standard in the books of the purchasing bank for a
period of 90 days from date of purchase and thereafter it would depend on the
record of recovery with reference to cash flows estimated while purchasing
• The bank may purchase/ sell NPA only on without recourse basis
• If the sale is conducted below the net book value, the short fall should be debited
to P&L account and if it is higher, the excess provision will be utilized to meet the
loss on account of sale of other NPA.
• The bank and FI may call upon the borrower by way of a written legal notice to
discharge in full his liabilities within 60 days from the date of notice, failing which
the bank would be entitled to exercise all or any of the rights set out under the Act.
• Another option available under the Act is to takeover the management of the
secured assets
• Any person aggrieved by the measures taken by the bank can proffer an appeal to
DRT within 45 days after depositing 75% of the amount claimed in the notice.
• Chapter II of SARFESI provides for setting up of reconstruction and securitization
companies for acquisition of financial assets from its owner, whether by raising
funds by such company from qualified institutional buyers by issue of security
receipts representing undivided interest in such assets or otherwise.
• The ARC can takeover the management of the business of the borrower, sale or
lease of a part or whole of the business of the borrower and rescheduling of
payments, enforcement of security interest, settlement of dues payable by the
borrower or take possession of secured assets
• Additionally, ARCs can act as agents for recovering dues, as manager and
receiver.
• Drawback – differentiation between first charge holders and the second charge
holders.
Non Performing Assets ( NPAs ) of Banks in India 2008
(Amount in Rs. Crore)
As on March 31,2008
Nationalised Banks
Foreign Banks
AB Bank 3 26 10.2
Scope
3. The reference to 'bank' in the guidelines would include financial institutions and
NBFCs.
Structure
4. The guidelines to be followed by banks purchasing/ selling non-performing
financial assets from / to other banks are given below. The guidelines have been
grouped under the following headings:
ii. Prudential norms, in the following areas, for banks for purchase/ sale of non
performing financial assets:
b. Provisioning norms
c. Accounting of recoveries
e. Exposure norms
e. Accounting policy
ii). While laying down the policy, the Board shall satisfy itself that the bank has
adequate skills to purchase non performing financial assets and deal with them in
an efficient manner which will result in value addition to the bank. The Board
should also ensure that appropriate systems and procedures are in place to
effectively address the risks that a purchasing bank would assume while engaging
in this activity.
iii) The estimated cash flows are normally expected to be realised within a period
of three years and not less than 5% of the estimated cash flows should be realized
in each half year.
iv) A bank may purchase/sell non-performing financial assets from/to other banks
only on 'without recourse' basis, i.e., the entire credit risk associated with the non-
performing financial assets should be transferred to the purchasing bank. Selling
bank shall ensure that the effect of the sale of the financial assets should be such
that the asset is taken off the books of the bank and after the sale there should not
be any known liability devolving on the selling bank.
v) Banks should ensure that subsequent to sale of the non performing financial
assets to other banks, they do not have any involvement with reference to assets
sold and do not assume operational, legal or any other type of risks relating to the
financial assets sold. Consequently, the specific financial asset should not enjoy
the support of credit enhancements / liquidity facilities in any form or manner.
vi) Each bank will make its own assessment of the value offered by the purchasing
bank for the financial asset and decide whether to accept or reject the offer.
viii) A non-performing asset in the books of a bank shall be eligible for sale to
other banks only if it has remained a non-performing asset for at least two years in
the books of the selling bank.
ix) Banks shall sell non-performing financial assets to other banks only on cash
basis. The entire sale consideration should be received upfront and the asset can be
taken out of the books of the selling bank only on receipt of the entire sale
consideration.
(xi) Banks are also permitted to sell/buy homogeneous pool within retail non-
performing financial assets, on a portfolio basis provided each of the non-
performing financial assets of the pool has remained as non-performing financial
asset for at least 2 years in the books of the selling bank. The pool of assets would
be treated as a single asset in the books of the purchasing bank.
xii) The selling bank shall pursue the staff accountability aspects as per the
existing instructions in respect of the non-performing assets sold to other banks.
(ii). The asset classification status of an existing exposure (other than purchased
financial asset) to the same obligor in the books of the purchasing bank will
continue to be governed by the record of recovery of that exposure and hence may
be different.
(iii) Where the purchase/sale does not satisfy any of the prudential requirements
prescribed in these guidelines the asset classification status of the financial asset in
the books of the purchasing bank at the time of purchase shall be the same as in
the books of the selling bank. Thereafter, the asset classification status will
continue to be determined with reference to the date of NPA in the selling bank.
i. When a bank sells its non-performing financial assets to other banks, the same
will be removed from its books on transfer.
ii. If the sale is at a price below the net book value (NBV) (i.e., book value less
provisions held), the shortfall should be debited to the profit and loss account of
that year.
iii. If the sale is for a value higher than the NBV, the excess provision shall not be
reversed but will be utilised to meet the shortfall/ loss on account of sale of other
non performing financial assets.
For the purpose of capital adequacy, banks should assign 100% risk
weights to the non-performing financial assets purchased from other banks. In case
the non-performing asset purchased is an investment, then it would attract capital
charge for market risks also. For NBFCs the relevant instructions on capital
adequacy would be applicable.
The purchasing bank will reckon exposure on the obligor of the specific
financial asset. Hence these banks should ensure compliance with the prudential
credit exposure ceilings (both single and group) after reckoning the exposures to
the obligors arising on account of the purchase. For NBFCs the relevant
instructions on exposure norms would be applicable.
7. Disclosure Requirements
2. Aggregate outstanding
C. The purchasing bank shall furnish all relevant reports to RBI, CIBIL etc. in
respect of the non-performing financial assets purchased by it.
Gross NPA/ Gross Advance (in %)
Category
2001 2002 2003 2004