Management of Banks' NPAs: The Global ANALYST, June 2017
The Global ANALYST, June 2017
Management of Stressed Bank Assets*:
It’s Time for Action
M G Warrier, Ex-GM, RBI
“All countries have central banks, and some countries also
have additional financial supervisory authorities with designated functions.
These agencies are responsible for ensuring compliance with their rules and
regulations, and thereby encouraging ethical behavior in dealings between banks
and their borrowers and depositors. While rules and regulations as well as
periodic inspections are necessary parts of the regulatory framework, the
supervisory system in many countries has become overloaded, and is also highly
bureaucratic an discretionary…”
-Bimal Jalan, former
RBI Governor
“The financial sector is, in many ways, the brain of a
modern economy. When it functions well, it allocates resources and risk
efficiently and thereby boosts economic growth while also making lives easier,
safer and more fulfilling. It broadens opportunity and attacks privilege. It
works for all of us. Of course, when it works poorly, as it has done recently,
it can do enormous damage while benefitting a very few.”
-Dr Raghuram Rajan in
his book ‘Fault Lines’ (2010)
Recalled the above observations in
the context of the challenges before Reserve Bank of India in the context of a
surgical procedure which the central bank has been ‘mandated’ to oversee, to
restore the health of the Indian Financial System.
Putting the ‘Act’ together
On May 4, 2017, President of India
gave his consent to an Ordinance amending the Banking Regulation Act, 1949
enabling Reserve Bank of India to initiate certain fresh measures for
resolution of stressed assets in the banking system. The Banking Regulation
(Amendment) Ordinance, 2017 inserted the following two sub-sections, after
section 35A in the Banking Regulation Act, 1949:
35AA. The Central Government may by
order authorize the Reserve Bank to issue directins to any banking company or
banking companies to initiate insolvency resolution process in respect of a
default, under the provisions of the insolvency and Bankruptcy Code, 2016.
Explanation - For the purposes of
this section, “default” has the same meaning assigned to it in clause (12) of
section 3 of the insolvency and Bankruptcy Code, 2016.
35AB. (1) Without prejudice to the
provisions of section 35A, the Reserve Bank may, from time to time, issue
directions to the
banking companies for resolution of
stressed assets.
(2) The Reserve Bank may specify one
or more authorities or committees with such members as the Reserve bank may appoint
or approve for appointment to advise banking companies on resolution of
stressed assets.’
Role of RBI
Since
independence, RBI has been performing several roles which are not assigned to
Central Banks elsewhere in the world. The present Ordinance doesn’t add much to
the regulatory powers or responsibilities, but will serve to tell the
stakeholders that GOI and RBI are on the same page, at least on the management
of stressed assets by banks. RBI Act together with the pre-ordinance B R Act
confer enough powers on RBI to regulate and supervise Banking System. Problems, including the present one relating
to stressed assets emanated from back-seat driving by Finance Ministry using
"ownership rights" both that of RBI and PSBs. Trespass into internal
functioning including credit decisions and HR issues by finance ministry during
the 10 years ending FY 2014 has done irreparable damage to the functioning of
RBI and PSBs. Unusual situations call for unusual policy decisions. Ordinance
should be seen in this perspective.
According
to some interpreters, the NPA ball has been kicked back to RBI’s court. Let us
take on record that the above Ordinance doesn’t differentiate between public
sector banks and private sector banks. And, it would be foolish to comment on
the brief amendments to B R Act carried out through the Ordinance, in
isolation.
Experts’ view
These days, sane pieces of advice on
policy, which are not guided by constituency interests, are a rarity.
But, an interview with Deepak Parekh, Chairman, HDFC captioned ‘RBI has to ensure NPAs are not
swept under the carpet’ published in a mainstream financial daily (Business
Standard) on May 16, 2017 proves that
there is still scope for hope and there will be appreciation from those who
understand things, if policy makers and regulators move in the right direction.
The brief answers from the veteran
banker, to the pertinent questions raised by Joydeep Ghosh should set at rest
the apprehensions raised by economists and the analysts in the media about the
purport of the Ordinance amending the B R Act and the role of RBI in the
resolution of NPA crisis.
Post-Ordinance debates strayed away
from the main issue of managing stressed assets of the banking system and were
sometimes judgmental about the
modalities to be followed and the role of GOI and RBI in supporting the banks
to get out of a crisis created by policies which compromised prudent principles
of banking for political and administrative expediency.
Deepak Pareekh has done a service to
the future of the Indian Financial System by making the following observations:
a) ‘It is a pointless debate over
whether banks are giving up their autonomy or whether the RBI or the government
will be micro-managing the situation….it is the job of the regulator to ensure
stability in the system.’
b) ‘With the benefit of hindsight, it
(RBI being aggressive on the asset quality review) was the right decision as
the AQR brought out the extent of toxic assets in the system. Where the central
bank needs to firmly stand its ground is putting an end to the practice of
sweeping NPAs under carpet. This, above all, is an issue of governance.’
All blame on PSBs
Public
sector banks continue to remain the whipping boy for the non-performance of
assets created in the private sector. The context in which they came into
existence in the first place, and the reluctance of residual and new private
sector banks to finance social or priority sectors or even look at clientele
below a certain threshold levels they arbitrarily fix or open shops in
semi-urban and rural areas.
All
through, the comparisons have been the percentages of gross and net NPAs
accumulated in ‘public’ and ‘private’ sector banks and ‘market valuation’ of
the two categories of banks. Rarely one reads anything about the context of
formation of State Bank of India, Bank Nationalization, current business mix or
share in banking business held by the two categories of banks. Remember, both
categories of banks are sourcing their resources from public deposits and are expected
to serve the same clientele.
RBI initiative
Stricter and prudent
classification of stressed assets at the instance of RBI doesn’t change the
health of such assets. If PSBs are to continue to perform the role expectations
of nationalization, they need a level playing field in choice of clientele,
area of operation, sectors to be financed and more importantly in managing HR
related issues including recruitment and compensation packages of staff. If some un-remunerative or loss-making
sectors including agriculture or social sectors have to be financed by banks
for policy reasons, they should be identified by GOI and entrusted to banks for
financing on mutually agreed terms, which will include compensation for losses.
Here the criterion should be specialization in work and not a differentiation
between public and private sector banks.
Major portion of the so called "stressed
assets of banks" are in the private sector, and all of us continue to
blame the banking regulator and the Public Sector Banks which are abused as
conduits for mobilization of deposits from the public and transferring the
public resources to private hands by design. If citizens decided to keep their
hard earned savings only with the trustworthy, reliable private sector banks(In
sum this is the impression analysts are trying to build up in the minds of
depositors!) only, how public sector banks will misuse public funds? Taking
this debate forward will be in public interest.
Reserve Bank of India
has initiated informed debate on these issues during 2013-16 when Dr Raghuram
Rajan was Governor and we are fortunate to have institutional continuity in
policy perceptions at Mint Road through Dr Rajan’s successor Dr Urjit Patel and
the toung Deputy Governor Dr Viral Acharya who succeeded Dr Patel. Viral
Acharya in a recent (April 28, 2017) speech made the following observations:
“We keep hearing clarion calls for
more and more government funding for recapitalization
of our public sector banks. Clearly, more recapitalization with government funds is
essential. However, as a majority shareholder of public sector banks, the
government runs the risk of ending up paying
for it all. The expectation of government dole outs might have been set by the
past practice of throwing more money after the bad. Take for instance our bank
recapitalization plan of 2008-09 after the global financial crisis: banks that
experienced the worst outcomes received the most capital in a relative sense.
Most of these banks need capital again.”
It was in this background that Dr
Acharya in his maiden speech after taking over as RBI Deputy Governor mentioned
about various options to handle stressed assets. In his speech delivered at the
Indian Banks’ Association Banking Technology Conference, on February 21, 2017,
Dr Acharya observed:
“Let me mention the key principles to successful restructuring that I
have managed to glean:
First, there has to be an incentive
provided to banks to get on with it and restructure the stressed assets at a
price that clears the market for these assets. If they don’t do it in a timely
manner, then the alternative should be costlier in terms of the price they
receive.
Second, the ultimate focus of
restructuring and of assessment as to whether the restructuring package being
offered tothe bank is at the “right” price must be the efficiency and viability
of the restructured asset.Generating the best price for the bank at all costs
may only result in cosmetic changes and risk serial non-performanceof the assets.
Third, not all of the resulting bank
losses should simply be footed by the government. As a majority shareholder of
public sector banks, the government runs the risk of ending up paying for it
all.
It should manage the process at the
outset to avoid that outcome.
Wherever possible, private
shareholders of banks should also be asked to chip in. Some surgical
restructuring should be undertaken to consolidate and strengthen bank
balance-sheets so that private capital will come in at better valuations. It
might have to accept that it is best to let some banks shrink over time.
Divestments should also be on the table.
Historically, significant
restructuring of stressed assets has almost always involved significant bank
restructuring.”
Stakeholders
Till recently, the three biggest stakeholders
of banks, namely, the bank employees, the savers (depositors) and bank
borrowers have remained mere spectators when various policy decisions were
thrust on banks by government which, in one way or the other affected their
interests. During the last two years, some awakening, which is a positive
signal is visible.
Bank employees are daring to tell publicly
that government cannot enforce adverse policy prescriptions on banks and when
something goes wrong blame bank employees who implemented the policy.
Savers are openly talking about positive
returns (net of inflation) for their bank deposits and safety of their hard
earned savings in the context of rising NPAs in banks.
Those who borrow from banks have started
analyzing cost-benefit aspects as they feel, the enforcement of credit
discipline up to recovery could be more efficient now.
Expression
of solidarity
I would like to view the Ordinance amending B
R Act as an expression of solidarity by Government of India for the initiatives
taken by the Reserve Bank of India to restore the health of the Indian
Financial System during the recent years. Vested interests have been
relentlessly continuing their efforts to weaken the regulatory and supervisory
apparatus in the financial sector. Fortunately, GOI has, of late, started
showing signs of having understood the role of an efficient, strong and
professional central bank in maintaining financial stability for economic
growth.
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*Submitted version of
article published in The Global ANALYST, June, 2017
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