Monday, August 28, 2017

India Confronts Its Non-Performing-Asset Crisis

The article was first published in GARP Risk Intelligence, August 22, 2017; Co-author: Anisha Sircar


Central bank deputy governor Viral Acharya is latest to sound the alarm, advocating “tough love” with defaulters

The June 2017 Financial Stability Report of the Reserve Bank of India (RBI) (https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/0FSR_30061794092D8D036447928A4B45880863B33E.PDF), highlighting the outcomes of stress tests on Indian banks’ balance sheets, concluded that India’s financial system is healthy overall, but there are rising concerns about the banks’ non-performing assets (NPAs).

They are the No. 1 priority of the RBI, the central bank’s deputy governor, Viral Acharya, said at the Delhi Economics Conclave on July 22.

The business of banking inherently involves risk-taking. A loan is by definition exposed to the risk that the borrower will not ultimately return the principal and/or interest, as per the loan agreement. In its definition of a NPA, the RBI says that “an asset, including a leased asset, becomes non-performing when it ceases to generate income for the bank . . .”

It is axiomatic that NPAs are undesirable, and when at high levels, they constrict banks’ ability to extend credit. The ratio of non-performing to total loans is often used as an indicator of the health of a banking system and the broader economy.

For the first two decades after liberalization of the Indian economy, non-performing loans were managed well, falling from 14% in the early 1990s to 3% 2004, attributed to policies implemented by the RBI to curb the post-reforms NPA crisis.

However, since late 2011, bad loans have been rising sharply and have evolved into a major threat for the banking sector and the economy at large.

Figure 1


“Credit Shock” Concern
The RBI report predicted a further rise in the Gross NPAs of Scheduled Commercial Banks (the dominant players of the financial system, under which public sector banks, private banks, foreign banks and regional rural banks are classified) from 9.6% in March 2017 to 10.2% in March 2018.
Even more telling was the prediction that “a severe credit shock is likely to impact capital adequacy and profitability of a significant number of banks” by the same year.

The solvency of a bank – the ability to meet its long-term fiscal obligations – when extended to the potential of disrupted asset quality of banks at a macroeconomic level, can lead to impaired credit growth in the entire economy. In the long term, this can also hamper macroeconomic factors such as GDP growth.

Furthermore, bailing out banks with high NPAs would require infusion of capital by the government, potentially becoming a burden on taxpayers.

Banks with higher retail portfolios (that is, more consumer-oriented) and lower “legacy loan” clients (whose assets have been on the books for long periods of time) usually have better NPA ratios.
Public-sector banks are more exposed to NPAs because their portfolios tend toward infrastructure, real estate and telecom, which are significantly hampered during economic downturns. Private-sector banks are often more vigilant and prudent in their credit appraisal, risk management and loan recovery.

In this light, India’s NPAs are concentrated and growing fastest in public-sector banks. The trend in other banks has also been upwards, but at a lower rate than the public banks. (See: Galloping Non-Performing Assets Bringing a Stress on India's Banking Sector; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2947557).

Government and Central Bank Actions
Capital infusion, setting up Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) in 1993, and the SARFAESI (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest) Act of 2002 did not help banks and financial institutions recover NPAs.

Over the decades, the RBI has also come up with schemes such as Corporate Debt Restructuring, Strategic Debt Restructuring, 5/25 Scheme, Sustainable Structuring of Stressed Assets (S4A), and the Joint Lenders’ Forum (JLF).

The “Indradhanush” road map was laid out by the government in 2015 to recapitalize banks by asking them to officially recognize top defaulters as non-performing accounts, and make provisions for them, as well as to inject Rs. 700 billion into state-run banks. However, the challenges kept mounting until it reached proportions that threaten the stability of the entire banking system.
In recognition of the escalating nature of the NPA issue, the Banks Board Bureau was set up in February 2016 to improve the governance of public-sector banks. In August 2016, the Indian government issued the Insolvency and Bankruptcy Code 2016 (IBC), which empowered the RBI to speed up the recovery of NPAs in the banking system.

Significant Defaulters
In October 2016, the Insolvency and Bankruptcy Board of India was set up, consisting of the National Company Law Tribunal (NCLT) and Debt Recovery Tribunal to oversee proceedings – the former for companies and limited liability partnership firms, and the latter for individuals and partnerships.

Within a month, the RBI came out with a list of “willful defaulters” responsible for the preponderance of problem loans. As it turned out, 12 companies accounted for around 25% of the entire banking sector’s NPAs.

However, after several banks (particularly State Bank of India) published personal details and photographs of willful defaulters and their guarantors, the RBI cracked down on them, surmising that the banks were not limiting their disclosures to the worst cases. In April 2016, then-RBI governor Raghuram Rajan contended, “Sometimes you default on your credit card bill. Would you like that default to be put up in public? If every time you defaulted, it was put up in public for your neighbors and relatives to see and no reason was given, you might have some concerns.”

In a landmark move announced in May 2017, the government issued an ordinance to amend Section 35 A of the Banking Regulation Act – allowing the RBI to oversee individual cases and directly pressure borrowers into repaying their loans.

Finger Pointing
The NPA crisis has been plagued by a blame game. The center has been blaming the banks for not doing enough to tackle the NPA issue; and the reluctance from the banks’ side seems to stem from an incentive to under-report: Classifying loans as “sub-standard assets” would entail provisioning, which hampers the banks’ ability to lend.

Banks are also wary of creating a negative or aggressive public image, particularly with respect to large corporate loans. Lenders are wary of enquiries by vigilance committees later on, who look into the writing-off of loans on the earliest signs of frailty. This is when the onus is shifted to the RBI – to prevent the under-reporting of bad loans, more thorough and regular inspections into banks’ classified loan categories seems like a plausible preventive measure.

Even though the central bank has been instructing other banks and setting up committees to resolve the NPA crisis, inadequacies and flexibilities in the implementation of regulations have so far not yielded any substantive outcomes.

A July 2017 release by CRISIL suggests that banks may have to take a loss amounting to Rs 2,400 billion, in order to account for 50 massive bad loans to the tune of Rs 4,000 billion. The 50 loans to the metal, construction and power sectors account for half of the NPAs recorded in March this year.
Such haircuts are usually invoked when other resolution strategies don’t work and there is minimal hope of recovering the loans. The intensity of this haircut reflects the challenges faced by India’s banking sector – in many senses, the veritable backbone of the economy.

No Quick Fix 
Recent steps taken by the RBI will take time to show results. The institutional changes may indeed bring about faster outcomes than other restructuring mechanisms so far, but recoveries will still entail taking losses from loans that have not seen the light of day, until now. It is important to note that this is no ordinary crisis: this is a large and complex multi-billion-rupee debt bankruptcy, and requires well-thought-out solutions from the political economy.

Acharya, who is on leave from New York University’s Stern School of Business and has been studying global banking crises for years, has been warning that failure to take decisive action will lead to the kind of financial stagnation that Japan suffered in the 1990s “lost decade,” which has had lasting after-effects.

Italy is currently confronting a banking crisis that is seen as cautionary for India. The establishment of “bad banks” to work out non-performing assets helped Ireland and Spain, and now Italy is looking to the European Central Bank for guidance along those lines.

Acharya’s approach involves establishment of bad banks and taking a hard line with defaulters, which he characterises as “tough love,” to prevent NPAs from becoming unmanageable.

In the final analysis, transactions between honest borrowers and lenders can lead to NPAs. It becomes calamitous when problems are allowed to grow and fester for years and inflict significant pain on bank balance sheets. The resulting macroeconomic credit crunch can then affect money circulation, investments, development and overall economic growth, as India has experienced since 2011. The roots of the NPA problem are widespread, and only time will determine whether the new strategic tools are equipped to solve the crisis at hand.

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