In recent times, much is being talked about the stressed
assets of banks, particularly of the Public Sector Banks (PSBs) by everyone.
Although the phenomenon of growing Non-Performing Assets (NPAs) is not all that
new to commercial banks, this new-found
sense of urgency to find a quick resolution must however be welcomed. For, it
is said that ever since the Reserve Bank of India (RBI) undertook Asset Quality
Review of banks in 2015, the position has so deteriorated that today it appears
that around “a sixth of PSBs’ gross advances are stressed and a significant
majority of these are in fact non-performing assets.” And, amongst the worst
affected banks, the share of the NPAs is reported to be exceeding 20%—indeed,
alarming for the nation as a whole.
But the irony is: despite a plethora of resolution mechanisms
and frameworks such as Corporate Debt Restructuring (CDR), Strategic Debt
Restructuring (SDR), and Scheme for Sustainable Structuring of Stressed Assets
(S4A), offered by the regulator, relatively little has been achieved in
resolving the crisis. And the reasons for such a poor outcome are not far to
seek: one, there are no incentives for banks to go the whole hog for keeping
the bad debts at a manageable level. It is needless to say here that it is only
such a bank which fears that its mounting bad debts would drive away its
depositors or would be castigated by its shareholders tends to recognize bad
debts well in time and importantly ensure corrective action to arrest losses.
But this market discipline is something not known to our banking system. Two,
there is, on the other hand, a counter-incentive claimed to be holding back
banks from taking timely decisions in terms of accepting realistic haircuts to
close stressed accounts, fearing unpleasant questioning from vigilance
agencies, etc. Three, much of the current NPA buildup is mostly out of the
loans granted en masse by banks immediately after the 2008 global
recession—obviously, at the behest of the policy guidelines issued by the
government—to a few set of large firms engaged in infrastructure, power,
telecom, metals and textiles, that too within a short period of 2009-2012.
Four, the size of such stressed assets being so high, there are hardly any such
matching Asset Reconstruction Companies (ARCs) that could pump in huge capital
to turn around these assets.
It is
against this backdrop that the Central Government has recently introduced an
ordinance that empowers it to authorize the RBI to act on NPAs of banks, as
though there is no such provision already in existence. Under this provision,
RBI will advise banks about the need to resolve bad debts issue by initiating
action under Insolvency and Bankruptcy Code (IBC) via expert committees
appointed by it. Encouragingly, RBI has already cracked its whip: It has
already directed the lending banks to initiate insolvency proceedings against
12 corporate borrowers, each owning to Banks in excess of Rs 5000 crore.
Nevertheless,
shifting of the responsibility from lending banks to a regulator may not yield
the desired result, for what the resolution of bad debts calls for is:
profit-driven approach, which if at all exists, rests with the very Lending
Bank. A lender is better equipped to rationally arrive at the Net Present Value
of the assets under dispute and decide whether to go for a cash settlement
offered by the defaulting borrower right now or to take the route of IBC that
is plagued with uncertainties. Thus, it is a process of commercial decision
making which essentially rests on the speculative view of the decision maker about
the future outcomes:
- What kind of bids can be expected through IBC route?
- How much money can be realized and importantly, when?
- How much discount can we accept under the present cash offer vis-à-vis the realizable amount through IBC, given its attached uncertainties?
- Which risky path to be taken?
Therefore,
the issue of resolving bad debts needs to be backed by ‘profit-motivated’
approach and this is seldom available with the bureaucracy. Indeed, it is the
very creeping in of this bureaucracy into the banking system that allowed this
malady to grow to alarming proportions. That being the reality, what the
disease needs is not micro-management by regulators but motivating banks to
take bold decisions, assuring them that the system would recognize the
difference between honest mistakes, maladministration and corruption. Simply
put, good administration and creation of special institutions that can turn
around the stressed assets with the required capital and expertise is what is
needed to cure the malady.
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