Sunday, October 4, 2015

Indian Finance: Updated 14th Sept.16:Tackling Infrastructure Co's Bank NPA- byNIIF:

14th September2016:- Formation of National Infrastructure Investment Fund(NIIF): with Two dedicated Funds One for Road(Highways) and another for Clean(Renewal) Energy.
High Initial Corpus Rs.40000Crores.

5th Sept.2016: Latest RBI Guidelines for Sale of Assets with a view to sell early and during Life Cycle of the Assets & Continued Responsibility  of the Bank concerned:-

  1. RBI has now permitted sale of Stressed Assets to  Other Banks, Non banking Financial Companies & other Financial Institutions including ARCs.
  2. If sale of Assets Value is Rs50Crores or more: than Valuation from Two Independent Valuers are required.
  3. ARC must pay 15% upfront of the Sale Value.
  4.  For balance Payments: In case ARC is issuing Security Receipts (SR) for redemption afterwards, From F.Y.2017-18 Value of such SR is more than 50%(10% from 2018-19) Provision is required.    
  5. Valuation Rates used by Banks are normally Discounted Rates based on Cost of Equity/Average Cost of Funds/Opportunity Cost.
  6. At present their are 16ARC & 3 More Licences are issued by RBI. 

_________________________________________________________________________________
The Jaypee Group & Banks have found a Noble way out to Settle IBank Outstanding: Land & Buildings are offered by Jaypee Group to Banks to Settle.To avoid Stamp Duty the Land would be Ist transferred to a Separate Company and thereafter acquired by Lenders under SARFAESI Act dealing with Bad Debt

April 14,2016:
The Ministry of Finance, Govt of  India is keen to create a Political & Economic Enviornment  for amicable Settlement of NPA. Accordingly proposing to Amend Sarfaesi & DRT act in tune with Bank Kruptcy Law.

March 31,2016:
Today the RBI has expanded definition of Infrastructure by including More Sectors like mine etc. Moreover Now Infrastructure and other Companies are now eligible for Foreign Currency Loan. For more details see post of ECB.

March25,2016

A. Steel loans worth 50k-cr may turn bad in few months

 Requirement of A specialized funding body for the steel industry on the lines of the Power Finance Corporation for the power sector.
Last week, lenders met highly leveraged steel manufacturers and
put them on notice. Although classifying loans to these companies as non-performing assets (NPAs) will mean banks taking a hit on their profits, it will shift the balance of power in favour of the lenders as they will now stop coaxing borrowers and instead initiate recovery proceedings. 

The companies that banks are holding discussions with include Essar, Bhushan, Visa and Electro Steel.

Ironically , some of these lenders have had their loans restructured under the 5/25 scheme. The scheme was introduced in 2014 by Reserve Bank of India governor Raghuram Rajan, where loans were extended to 25 years with a condition that interest rates would be reset after every five.The 5/25 scheme involved zero sacrifice from lenders but it made repayment easier for the borrower by reducing the installment size.

Around 21% of the restructured loans as of December 2015, amounting to Rs 54,051 crore, were from the iron & steel industry. The gross non-performing assets in the steel sector as of September 2015 stood at 8.4%. This is expected to rise to nearly 12% by March 2017.The steel industry is the highest leveraged sector in India and banks are not in a position to extend fresh loans.

In a recent industry note, SBI M.D. B.Sriram had said, "We think time has come for the government to seriously
look into the possibility of setting up a funding agency for the steel sector, as well, on the same lines of PFC or REC for the power sector. 

The 26 nationalized banks, which are expecting a Rs 25,000 crore government bailout in the coming financial year, have lost at least Rs 30,873 crore to frauds in four years 2011-12 to 2014-15. According to finance ministry documents, these losses are only due to frauds of Rs 1 lakh or more. Some of these cases are being probed by investigating agencies.


B.Vijay-Mallya and his advisers are working to revise a debt repayment
Offer that has been rejected by banks to make it more acceptable to them, people aware of the development said.

He's conducting a review of his assets in consultation with a legal firm that has financial expertise and may make an offer of staggered payments or a one-time settlement.
Banks are ready for the negotiation if he is willing to pay the entire principal amount that he owes banks,"should also tell us how much of the interest component he can repay, we
can't waive that off. His settlement offer should include a significant portion of the interest component too as it has crossed over Rs 3,000 crore."
Pledged his assets and given his
personal guarantee, but he is not even willing to give his assets under oath; that matter is also pending at DRT (debt recovery tribunal)," said

Mallya's statement, banks have already recovered Rs 1,244 crore from the sale of pledged shares.
An additional Rs 600 crore has been held as a deposit by the Karnataka High Court since July 2013 and a further sum of Rs 650 crore belongingto United Breweries Holdings has been similarly held since early 2014.
A.
In an airfield in southern India, seven planes of the failed Kingfisher
Airlines rust away -- relics of a former billionaire's ambition and
emblems of the complex regulations that hamper Indian aviation.
The decaying aircraft, damaged by floods in Chennai late last year, were
part of the fleet of India's once second-largest airline.
India
is one of the world's most under-penetrated aviation markets.
Provincial taxes of as much as 30 percent mean jet fuel prices in some
Indian cities are the highest in the world. A liter (.26 gallons) costs
77 cents in New Delhi, versus 52 cents in New York and 62 cents in
Sydney.
Higher airport tariffs also means the Indira Gandhi
International Airport, which services India's capital, generates the
most aero revenue from an Airbus A330's international turnaround after
London's Heathrow. 
also hurt by a regulation that prevented foreign carriers
from owning stakes in domestic operators.

B.New Asset Management Fund:-

kotak-mahindra-canada-pension-to-buy-out-npas/
 To set up $525 million stressed asset fund
The move is aimed at tapping the opportunity in the growing stressed
asset market in India  The move is aimed at tapping the opportunity in the growing stressed asset market in India
The Kotak Mahindra group and Canada Pension Plan Investment Board
(CPPIB) have decided to set up a stressed asset fund with a total
investment of $525 million, with the CPPIB having the ability to invest up to $450 million. The fund will buy big-ticket non-performing assets (NPAs) from banks and help the units turn around. The fund will be jointly set up by the Kotak Investment Advisor, a wholly-owned subsidiary of Kotak Mahindra Bank, and CPPIB. The move is aimed at tapping the opportunity in the growing stressed asset market in India. Stressed assets — gross non-performing assets plus restructured advances in the countrys banking system were at 11.1 per cent of gross advances as of end September. Public sector banks recorded highest level of stressed assets at 14.1 per cent.
NPAs in the banking system surged in the October-December quarter with
the Reserve Bank of India identifying certain accounts that banks were asked to classify as NPAs. The January-March quarter is expected to throw up more bad loans as most banks had classified only 50 per cent of what RBI mandated in Q3. The banking regulator is forcing banks to come clean on NPAs, and said it will clean up bank balance sheets by March 2017. S Sriniwasan, CEO, Kotak Special Situations Credit Fund, said: The current environment has created a much larger opportunity that requires significant capital commitment. We are delighted to have a world-class
institution such as CPPIB put patient capital to work, backed by strong and active asset management, to capitalise on the stressed assets market.
The asset reconstruction industry has limited capital and there is an urgent need for substantial capital to buy NPAs from banks, as and when these loans get sold at fair value. This pool of capital with a flexible mandate will work alongside the ARC, and positions us to comprehensively address the capital needs of both the borrowers and the selling lenders,” said Eshwar Karra, CEO, Phoenix ARC. Phoenix, which manages assets worth Rs 4,000 crore, will provide advisory services to KIAL.
C.NEW DELHI:March 2016 Domestic rating agency Crisil has downgraded eight public sector banks and revised the outlook to negative for five others.
Crisil joins a long list of rating agencies which have either downgraded the public sector lenders or have projected a negative outlook for them.
"Actions are driven by expectations that asset quality problems being faced by PSBs will remain acute and continue through most of the next financial year. The resultant impact on profitability and capitalisation can further dent their credit profiles over the medium term," the rating agency said in a report.
The banks that were downgraded include
 Bank of India         (AA+/Negative from AAA/Negative), 

Central Bank of India  (AA-/Negative from AA/Negative),

Syndicate Bank         (AA from AA+/Stable; placed on rating watch with negative implications),

 UCO Bank             (AA/Negative from AA+/Negative),

 Indian Overseas Bank (A+/Negative from AA-/Negative), 

Corporations Bank     (AA- from AA+/Stable), 

Dena Bank 

"A significant stress in the corporate loan book
of PSBs is expected to result in their weak assets ballooning to Rs 7.1 lakh crore by March 31, 2017 (11.3 percent of total loan book) from around Rs 4.0 lakh crore as on March 31, 2015 (7.2 percent of loan book)," the agency said.

Crisil' s move is the latest in the sling of rating downgrades that Indian public sector lenders have witnessed from domestic and global rating agencies. 

Standard & Poor's, New York termed the Budget credit negative for the public sector lenders after the government fell short of the market's expectation on capital infusion. 

The government has allocated only Rs 25,000 crore for recapitalization of the banks compared with expectations of Rs 35,000 crore. 

The NPA pain in the sector may not be over post the
fourth quarter numbers as it sees the bad loans ballooning to Rs
7,00,000 crore by the end of this financial year. 

"Over the next few quarters, slippages to NPAs will remain high drivenby stretched cash flows of highly leveraged companies (mainly in the vulnerable sectors such as infrastructure, metals and real estate continued proactive recognition of stressed assets by banks, and limited ability of banks in the current environment to recover from exposures to large companies that have slipped into NPAs," Crisil said.

Foreign brokerage Morgan Stanley did a stress test on the Indian
banks to assess the exact impact should the banks record their bad loans properly and provide for them by FY19. 

The brokerage found that as collateral[a1]  values stay weak and revenues remain under pressure due to weak nominal GDP larger companies may start defaulting over the next few quarters.

 The high pre-provision operating profit (PPoP)
margin at these banks would help them manage significantly higher badloans without big dilution.  

Dharmesh Mehta,Axis Capital.
"I still want to be in private banks and SBI as a whole. I do not need to go elsewhere because the fear there is much more and we do not evenknow what is happening. At least in private sector banks, you have got a very strong retail push, which is also insulating some part of their balance sheets.423.90.


 [a1]Sufficient collaterals are not taken at the time of Sanction of  Loan

Long Term Investment in Share Market may be a boon to an alert Investor

Few of the things are very clear and each Investor can take advantage as under:-
  • Over the period of time lot many effective reforms are carried out in the Banking Sector.  Reforms like Effective Branch Computerization. Specialized branches like branches for Small Businesses to Corporate Accounts to Industrial Finance Branches .
  • Stringent norms for declaring a debt as NPA. Provisioning of Debts, Corporate Debt Restructuring have resulted in Controlling NPAs
  • Under valued Stocks of Nationalized Banks like Oriental Bank of Commerce & Dena Bank are very good buy. To create a Strong Portfolio over a period of time.
  • Their Commercial Property valuation is also not Considered. Very Large Branch Net Work. Trained Staff members. Fool proof working Systems.
  • Powerful Internal Controls supported with various  Internal and Statutory Audits have created a comfortable enviornment for Growth.
  • Very high frequency of introducing New Products, attractive, cost effective and competitive with Contemporary Foreign and Private Banks.
  • Extra Ordinary Net work of Branches and ATMs. ensuring Service Quality."SBI is having Branches and ATMS at every nook & corner of the Each and Every City and Village". In a light vein  SBI ATM's are frequently used as Land Mark for Addresses.
  • These Banks are also Meeting Capital Adequacy norms.
  • ICICI Bank are other good buy.

  • Improving operating environment, Stable Asset Risk and Capital,Stable Funding and Liquidity.Also stable profitability and efficiency and the government support has supported a stable outlook for the sector, it said adding the recovery in the asset quality would be U-shaped rather than V-shaped, because corporate balance sheets remain highly leveraged
    • Low inflation and the Gradual implementation of Structural Reforms. An accommodative Monetary policy should support the growth environment,"

    • The capital levels of public sector (PSU) Banks are low and the government's announcement of injecting Rs 70,000 crore into PSU banks  over the next four years is "clear positive".


    • Ability to access equity capital markets remains key if
      the PSU banks have to address their capital shortfall," it said, adding high capital levels are a credit strength of the private-sector banks.
     

C. Power Companies:-The National Democratic Alliance (NDA) government at the Centre is likely to put on states the onus of restructuring the debt of power distribution companies. Under the new financial restructuring plan (FRP)for discoms, the state governments are to take over the entire debt of these firms.
The biggest advantage of this Scheme is Onus on State Govt. and not on Banks. 
Banks and other lenders would not be asked to restructure any part of the loans, said senior central and state government officials.
To enable states to take over the entire debt, the Centre will also relax the borrowing limit for state governments. "States are being given a relaxation of 25 basis points to one percentage point in their FiscalResponsibility and Budget Management (FRBM) limit. This will help them absorb the losses and issue bonds in the short term," focusing on the eight states that together account for the biggest chunk of the total accumulated debt of Rs 3.17 lakh crore. These
are Rajasthan, Andhra Pradesh, Uttar Pradesh, Tamil Nadu, Haryana,Jharkhand, Bihar and Telangana.
if a state government failed to honour the bond
terms or defaulted on the dividend payment, the Centre would divert the tax devolution amount from that state's kitty to the bond owners.
The tax devolution from the Centre to states is 42 per cent of the total divisible pool offered. A portion of it will be deducted from the Centre's share in the state's revenue and used for paying dividends.
Centre was ready to relax the borrowing limit for states.
FRBM places limits on the deficit a state can have. A relaxation on this will translate into states being allowed more fiscal deficit in their public accounts. The current FRBM limit is three per cent. The amount of relaxation could vary on the basis of the amount of debt held by the state concerned. For instance, if a state gets 3.25 per cent relaxation,its borrowing limit will be close to six per cent.
"There is no debt servicing by the Centre; only the borrowing limit is increased.
interest payment that we will have to make annually could cause the state's finances to slip into the red,"
  * 100% debt to be taken over by states; if less is taken over, the     balance to be serviced through reforms and tariff hike
    
  * State governments to issue sovereign guarantee bonds
    
  * No part of debt to be serviced by banks or financial institutions
    
  * Centre to relax borrowing limit for states
    
  * If states default on dividend payment to bonds owners, part of their tax devolution fund to be used for payment to bond owners

Sunday, August 30, 2015

Indian Finance:Updated 29th Oct.16:: Finance Ministry on Bank NPA of Steel & Power:

11th November 2016:-
The RBI has further relaxations in Three Schemes:-
S4/A:
5/25:
Strategic Debt Restructuring: 
Current Status of NPA:-
29th October2016:-
Hand over Stressed Units(NPA) in Power, Steel & Shipping to well functioning Public Sector Companies.
In such cases a part of NPA Debt would be converted into Equity by respective Banks:Taking Control of those Units and appointing Well Experienced even Retired Expert Executives of the respective Area in the New Management Team:
The advantage would be no further deterioration in Assets Quality, Change of Management may help in revival of the Unit.

19th October2016:-
Public Sector Giant-"SAIL" is taking over NPA ridden "Electorsteel"

Largest Public Sector Power Generating 'NTPC' is analysing possiblity to takeover 4 to 5 Power NPA: 
  • To tackle NPA Situation RBI is asking for More Skillful & thoughtful approach.

New Governer has asserted Four Stages of NPA: Identification,Recording,Reporting and Resolution.
61% NPA are in Five Sectors:
Infrastructure,Steel,Textile,Power and Telecom.
-----------------------------------------------------------
Two Powerful Investors have joined to Invest in NPA space as follows:-
SBI+Brokefield                    US$1Billion

Piramal+Boston Bain            US$1Billion

Above Two Funds would acquire NPA of Indian Banks at Deep Discounts. 

Introduced in the Lok Sabha in May, the bill seeks to amend four legislations — 

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act, 2002, 

the Recovery of Debts due to Banks and Financial Institutions Act, 1993, 

the Indian Stamp Act, 1899 

and 

the Depositories Act, 1996.

The EnPforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions Bill, 2016  as Reported by Joint Committee is listed for consideration and passing.

to give the RBI powers to regulate asset reconstruction 

companies, 

prioritise secured creditors in repayment of 

debts

 and 

provide stamp duty exemption on loans 

assigned by banks and financial institutions to 

asset reconstruction firms.


Around 70,000 cases involving more than Rs. 5 lakh

 crore are pending in Debt Recovery Tribunals (DRT) 


DRT & SARFAESI Act working in synchronization with Insolvency & Bankruptcy Code2016:


  1.  Matter of Agriculture Land would with States.
  2. Suggested 21 Major Amendments.
  3. 30days Window to submit a view on the status of the Properties being taken over by banks & Financial Institutions.
  4. Vacancy in a Tribunal, similarly placed judicial official can also hear a case related to DRT & SARFAESI.
Earlier Recommendations:-

1.  Says CDR has failed to achieve objectives; calls for cases to be settled within six months  

2.  The Finance Standing Committee of Parliament has called for immediate forensic audit of all restructured loans that had turned into bad debts.

3.  Forensic audit is also required for wilful defaults and Reserve Bank of India  has been asked to prepare guidelines for the process.

4.  The analytical reports of the forensic audit should be submitted to the panel in six months, it said in its report, which was adopted here on Friday.

5.  We have adopted the report. We will submit it to the Speaker, said
Veerappa Moily, Chairman of the panel and senior Congress MP, 
6.  The panel asked the apex bank to form empowered committees at the level of RBI, banks and borrowers to monitor large loans.

7.  As on September 2015, net NPAs of public sector banks stood at RS.2,05,024 crore and may reach Rs. 4 lakh crore by the end of this fiscal, the panel said, adding that such a huge figure raises questions on the credibility of mechanisms to deal with NPAs.

8.  The report said wilful defaulters owe public sector banks ₹ 64,335 crore, which constitutes about 21 per cent of total NPAs, and

9.  Called for making public the names of the top 30 stressed accounts of each bank, in the category of wilful defaulters.

10.There is no justification of keeping the names secret and asked the RBI to amend its guidelines, it added.

11.RBI, as a regulator, did not succeed in implementing its own guidelines, it said, and asked the apex bank to proactive and monitor the issue on a regular basis.

12.The panel also recommended the development of a vibrant bond market to finance infrastructure products.

13.Batting for large infrastructural projects, it said the Centre should revive Development Financial Institutions for long-term financing of such projects and urged the Centre to also allow Infrastructure Finance Companies to buy infrastructure projects turning into NPAs and keep them as standard assets.

14.Corporate debt restructuring (CDR) mechanisms had failed to achieve the desired objectives, adding that there should be a definite timeline of six months to settle CDR cases.

15.In 2014-15, most of the slippages came from
restructured debt.

16.On strategic debt restructuring, the report said it could empower banks to take control of the defaulting entity, and recommended that a change in management must be made mandatory in cases involving wilful default.

17.The prolonged slowdown in the economy has eroded the market for distressed assets so much so that even Asset Reconstruction Companies found it hard to offload these, the committee observed, adding that RBI should consider creating a dispensation that allows banks to write off losses in a staggered manner.

  • Preamble:-  Around Rs.2.20Lac Crores of Banks Funds are blocked in NPA. These NPA's consist of from Smaller Rs1Lac to Crores of Rupees. 



  • NPA has became a big Headache for Ministry of Finance, Banks and to Individual Borrowers.  In this article we are trying to discuss a way out for problems of Small Borrowers  Outstanding up-to Rs5Crores.

  • Import & Export has become Powerful Tool to Create NPA:
  • Is it possible to create Specific Foreign Exchange Department for Foreign Remittances.




  • Current Scenario

  1. The present Scenario is frustrating and very critical NPA's are increasing. Assets in the possession of the Banks are also increasing.
  2. On approaching the Bank Staff they are totally Non Cooperative.And asking for payments even if lot many wrong debits and recoveries are appearing in the  Outstanding Statement provided.
  3. Average Borrower's Securities are Seized.Borrower is reaching Debt Recovery Tribunal where cases are piling up and hearing Date earlier than Three years is not expected.Interest, Compounded Interest, overdue Interest and Penalties are continuing. 
  4. DRT is completely in the grip of Touts, Brokers. Bank is Loading all type of Interest on the Loan itself.Loan account became unbearable.
  5. Present Market Value of Collateral is Several times higher than Cost/Security Value, which may not realize through Bank auction.
  6. Through Bankers only "Lower value" is realizing of the Securities pledged causing huge losses to the original Borrower.
  7. Borrower is totally frustrated no way seems out?


  • In such cases What to do now to get Collateral released?


  1. We can take advantage of Securitzation & Reconstruction of Financial Assets act and Enforcement of Securities Act.(SRFAESAI).
2.A Scheme  can be prepared: without approaching "Debt Recovery Tribunal" for amicable Settlement of Dispute with Banks.

3.Continuous Communication with Bankers:-

My submission if a Communication Link with Bankers are established that would help in repayment of Loan and release of Securities amicably.Avoiding bitter experiences like Auction of Property etc.

4.The Scheme may be submitted to various Bank Authorities  and Authorities in Ministry of Finance Govt. of India with complete details in a Systematic Manner.


5.Detailed working bifurcating Principal, Interest, Penal Interest and other recoveries including Charges separately date wise would help.


6.Normally Recovery Statement lacks above details Systematic presentation in the Form of Dossier would definitely help.

7.Help of Consumer Court: Bank is a Service Industry. Not Charging correct Interest is equivalent to deficiency in Service. One can approach Consumer Court for such Lapses. And One Can get rectified Interest Demand.


8.Similarity in Restructuring through Bank Officials: order by DRT/BIFR:- In all these cases the proposal is of Bank only. Therefore the Bank Officials are the Common factor.Only an Order is passed on the consent of the Bank.


Therefore the Banks can pass similar orders in case of Direct request also.

In case Branch Level officials not agrees we can approach Higher Bank Officials.


The Corporate Debt Restructuring (CDR) cell:- A forum of bankers appointed by the Reserve Bank of India (RBI) formed in early 2000s,It takes a call on individual debt recast packages. All public sector and leading private lenders apart from NBFCs are its members. For a restructuring package to be approved, 75 per cent of the lenders by value and 60 per cent by number have to agree to the proposal and the promoters must infuse[  25 per cent of the fresh loan being sought as fresh capital. To increase owner's Margin

B.Systematic submission of Dossier to Bankers, emphatic follow up of the proposal would definitely bring Concrete Results.


For a Public Limited listed Company it is also possible to Convert Outstanding Public Sector Bank Loan into Equity under Strategic Debt Restructuring (SDR) discussed in following Paragraphs:-

C. Reforms in Debt Recovery Tribunal

Looking to Scenario at B above, the Govt has taken certain proactive Steps.
Indian banks may soon be able to settle their grievances with Debt Recovery Tribunals at a faster pace as proceedings go online. 
Digitising Entire Procedure of DRT System
The finance ministry is planning to computerise the entire operations of theDRTs and do away with unnecessary procedures."I have suggested to the department of financial services, since the administration of DRT is not under any judicial authority but the department looks after it, to consider the digitising of the entire procedure on a high priority basis," finance minister Arun Jaitley said at the industry lobby Indian Banks'
Association's annual general meeting in Mumbai on Monday. The minister said that DRT is one forum where the tribunal and appellate authority
can function exclusively with all the filings and proceedings shifting online."There will be provisions for only two hearings interim and final. All other procedures will be eliminated, 

The gross non-performing loans are estimated at Rs3.1 lakhcrore as of March 31, which is over 4% of the advances. DRTs were created to help financial institutions recover dues speedily without being subjected to the lengthy procedures of usual civil courts. 

The government is also working on expediting arbitration cases. "The arbitration law, which is now pending in Parliament, has provisions which facilitate cheaper and faster arbitration. A chapter on fast-track settlement of disputes is introduced.


For more details please contact undersigned


7228805981:ashok.agarwal8@gmail.com 

I invite comments from Readers