1 B2 Flashcards
What are the types of loans?
Types of loans
1- based on interest rates - Fixed interest loans; Floating interest loans- Teaser Loan
2- based on borrowers - Prime borrower, Subprime borrower (individual), over-leveraged borrower (company), Zombie Lending
What is twin balance sheet syndrome?
The twin balance sheet syndrome was given by economic survey 2015-16.
- Till mid-2000s: Boom period in global economy. Indian Corporates were taking large amount of loans & became over-leveraged.
- From 2007-08: Subprime & Global Financial Crisis,
Indian exports ⏬. UPA government’s policy paralysis & judicial activism, environment activism -> projects got delayed. Companies began facing difficulties finishing projects & repaying loans. - By 2013: ~1/3rd of the bank loans were owned by “IC1 companies” i.e. companies with interest coverage ratio less than 1, meaning they were not generating enough revenue even to repay the loan interest.
Thus, balance-sheets of (1) some Large Corporates Companies & (2) Public Sector Banks
(PSB) became weak. It is called “Twin balance sheet syndrome (TBS)” by Economic Survey 2015-16.
What are standard assets?
Loan account where borrower is repaying the principal and interest in timely fashion.
What is SMA-0, SMA-1, SMA-2?
If loan principal or interest unpaid for 1-30 days from its due date, then such loan account is classified as Special Mention Account-0.
SMA1- 31-60 days
SMA-2 - 61-60 days
What is NPA?
- If loan principal or interest is not paid for more than 90 days from its due date, then such loan account is classified as Non-Performing Asset (NPA). For the farm loans, NPA is not counted on number of days but on number of cropping seasons.
- As of 2019: Indian Commercial Banks’ NPA approx. ₹10 lakh crores
- Gross NPA Size: PSB (₹7.4 lakh cr) > PvB > Foreign Banks.
- Provisioning: As per RBI norms, banks must set aside funds to cover losses against their NPA. Such ‘provisioning of funds’ decreases the profitability of the Bank. Gross NPA MINUS Provisioning = NET NPA.
What are substandard assets?
When loan account remains in the NPA classification for equal to or more than 12 months
What is a doubtful asset?
When loan account in substandard classification for equal to or more than 12 months
What is Loss asset?
When a bank, its auditor or RBI declares that given doubtful asset has little / no salvageable value.
What is a loan write-off?
When loan is written off from the ‘asset-side’ of the bank balance sheet, to save corporation tax.
Loan write-off doesn’t waive bank’s right to recover that bad loan, it’s merely an accounting exercise for tax-benefits.
What is restructured loan?
When principal / interest rate / tenure of the loan is modified. Banks may do it when borrower facing difficulty in repaying loans.
What is stressed asset?
NPA + Loans Written-Off + Restructured Loans = Stressed Assets
What is OTS with haircut?
If bank allows the borrower to pay 60% of dues & forgoes 40% as loss, then bank has offered “One time Settlement (OTS) with 40% haircut”
What is evergreening?
- Banking: When a borrower taking a new loan to pay off his old loan.
- Patents: When drug patent expires after 20 years, pharma-company makes minor modifications in the old drug’s molecule to register new patent, thus keeping its monopoly rights on the production.
How does loan moratorium in Atmanirbhar Bharat benefit its borrowers?
Challenges?
If his income ⏬ due to Corona, he gets relief from Equated Monthly Instalments (EMIs) for 3 months. (It’s not compulsory to skip EMI. Borrower can repay loan regularly, if his financial situation is sound.)
- If a borrower opts for moratorium, it’ll not be considered into his credit score / rating prepared by the credit information companies (CICs)
Challenge/controversy?
✓ If he doesn’t pay for 3 months, then Banks will continue to charge interest (on those 3 months) and add it to the total outstanding loan → compound interest
rate system → his total burden may⏫
✓ SC PIL: interest should be waived. But RBI opposed, because if borrowers don’t pay interest, then how can banks give interest to depositors for their deposits. Banking system will become unsustainable!
How does loan moratorium benefit its lenders?
Unpaid loan doesn’t accumulate under the ‘NPA’ category for a bank. Otherwise, their responsibilities may increase unnecessarily in
✓ RBI Prompt Corrective Action (PCA) Framework
✓ BASEL-III Capital norms
What is RBI’s framework for revitalising stressed assets?
RBI “3R” FRAMEWORK FOR REVITALIZING STRESSED ASSETS (2015-19)
Rectification - No change in tenure or interest
Restructuring - Ease tenure, interest, ownership may change. 5/25, CDR, SDR, S4A
Recover - Auction/liquidate (SARFAESI Act 2002)
(Read in detail in handout)
Scheme for Sustainable Structuring of Stressed Assets (S4A)’ is related to: (UPSC- Prelim-2017)
a) procedure for ecological costs of developmental schemes.
b) scheme of RBI for reworking the financial structure of big corporates with genuine
difficulties.
c) disinvestment plan for Central Public Sector Undertakings.
d) Provision in ‘The Insolvency and Bankruptcy Code’.
B
Origin of SARFAESI ACT 2002
1991: Narsimham-I Committee on banking sector reforms observed that borrowers obtain stay orders from ordinary courts = banks have difficulty recovering NPA. So,
Debt Recovery Tribunals were set up (1993) = ordinary
courts can’t interfere in the loan recovery process.
- 1998: Narsimhan-II Committee observed that DRTs need to be strengthened with a law, so, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act enacted in 2002.
Under SARFAESI act, lenders can attach the mortgaged assets when loan is not repaid. They can change board of directors in such companies, can auction such assets, can also sell such assets to Asset Reconstruction Companies. SARFAESI not applicable on farm loans.
- If loan-defaulter wants to obtain a stay order, he cannot go to ordinary courts. He will have to approach for DRT. If DRT doesn’t help then=> higher appeal to Debt Recovery Appellate Tribunal (DRAT), but DRAT will require him to deposit minimum 50% of the loan dues (to discourage frivolous appeals). => higher appeal to high court.
Which lenders have SARFAESI powers?
✓ All types of Banks
✓ Housing Finance Companies (HFCs)
✓ if an NBFC fulfills two conditions 1) The NBFC having asset size of ₹100 cr or more, AND SIMULTANEOUSLY 2) loan given is at least ₹50 lakhs.
✓ For example Bajaj Finserv, Reliance Capital, Muthoot Finance, IL&FS.
2020-May: Supreme court finally clarified the matter: “Entry 45: banking involves all types of banks- both commercial and cooperative banks. Therefore, when the Union made the SARFAESI Act to empower the banking sector, → same powers are also available to Cooperative banks.”
Limitations of SARFAESI Act?
- The DRTs & DRATs are understaffed. 1 lakh+ cases pending (2016), so, case will go on for years and the debtor will remain in possession of asset.
- This leads to erosion of asset-value (machinery, vehicles) even when DRT allows auction at a later time.
- In some businesses, auction or liquidation may not yield the best returns for the banks
- e.g. hotel resort in remote area, where no other hoteliers are keen to invest.
- In such cases, if the loans were restructured (i.e. reducing % interest rate, extending tenure, finding new partners), then banks could salvage more value.
- But, SARFAESI act doesn’t facilitate such arbitration. So, Govt. came up with a new law: IBC 2016
How does INSOLVENCY AND BANKRUPTCY (I&B) CODE 2016 work?
check handout pg 91 1b2
I&BC is not applicable on?
A. Wilful Defaulter: A borrower who has the capacity to repay, but he’s not repaying the loan. E.g. Vijay Mallya was declared willful defaulter by SBI (2017).
OR
B. Incapable Defaulter: A borrower whose loan account is in NPA for more than a year, and he has no capacity to repay even partial loan amount.
Above two categories of borrowers are not eligible for I&BC resolution process. Their assets will be directly liquidated under SARFAESI Act.
I&BC amendment 2018, 2019 - i and ii
handout page 92
Insolvency and bankruptcy board of India (IBBI) is a what body?
Statutory body that monitors and implements I&B Code 2016.
IBBI composition
1 Chairman (M.S.Sahoo), 1 nominated member from RBI, 8 members from Government’s side = total 10 people.
Who controls IBBI’s administration
Min of Corporate Affairs (MCA)
Tenure and reappointment eligibility for the chairman of IBBI
Chairman has 5 years / 65 age tenure, whichever earlier. Also eligible for reappointment.
How does IBBI select IPs?
IBBI selects Insolvency Professionals Agencies (IPAs). These IPAs enroll and supervise the members practicing as Insolvency Professionals (IPs).
Presently, 3 organizations given “IPA” status viz.
1) ICAI Institute of Chartered Accountants of India
2) ICSI Institute of Company Secretaries of India and
3) Institute of Cost Accountants.
IBBI also selects Information Utility organization to..?
IBBI also selects Information Utility organization to
maintain database of borrowers.
In 2017, NeSL: National E-Governance Services Ltd (owned by consortium of SBI, LIC etc.) was the first to get the IU status.
It is compulsory for the lenders to share data with IU.
IU helps lenders in two ways:
1) by looking @borrowers’ credit history, lenders can make informed decisions about whether to give loan or not, and how much interest to charge?
2) This database helps establishing documentary proofs during NCLT / DRT / judicial / liquidation proceedings.
Indian Institute of Corporate Affairs functions and ministry?
Indian Institute of Corporate Affairs (IICA) is an autonomous body under the Ministry of Corporate Affair.
- It has launched a two-year Graduate Insolvency Programme (GIP).
- The student passing this program can register as IP, without the mandatory 10 years’ experience.
- IICA also setup Insolvency Research Foundation (IRF) and Centre for Insolvency and Bankruptcy (CIB) to promote training & research in this field.
What is Project SASHAKT?
Project Sashakt is by the Finance Ministry.
2018-Jul: Finmin’s Project Sashakt for PSB-NPA on report by Sunil Mehta (PNB CEO).
5 Pronged approach to resolve the NPA problem in a timebound manner:
- Small sized bad loans upto ₹50 cr: small and medium enterprises (SMEs) resolution template, 90 days. Bank itself should work it out, without approaching NCLT/IP.
- Mid-sized bad loans ₹ 50-500cr: Inter-Creditor Agreement, 180 days. Banks themselves should work it out, without approaching NCLT/IP.
- Large size above 500cr: (Proposed) independent Asset Management Company to buy off bad loans from banks. AMC will not be funded by Government.
- Online asset trading platform.
- NCLT/IBC legal-technical reforms.
What was the purpose of the Inter-Creditor Agreement signed by Indian banks and financial institutions recently? (Pre19-SetA-Q72)
a) To lessen the Government of India’s perennial burden of fiscal deficit and current account deficit
b) To support the infrastructure projects of Central and State Governments
c) To act as independent regulator in case of applications for loans of ₹ 50 crore or
more
d) To aim at faster resolution of stressed assets of ₹ 50 crore or more which are under
consortium lending.
D