Submitted in partial fulfillment of the requirements for the award of MBA degree
Of Bangalore University
Submitted By
“Supriya R”
Register Number:
04XQCM6114
Under the Guidance of
Prof. Sathyanarayan
M.P.BIRLA INSTITUTE OF MANAGEMENT Page1
Declaration
I declare that this dissertation titled “An Exploratory study on the Impact of
The Securitisation & Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 on the Non Performing Assets in the Banking
sector” is an original and bonafide work carried out in partial fulfillment of the
requirement for the award of MBA degree of Bangalore University. No part of
this presentation has been previously published or submitted as a project report
for any other degree/diploma of Bangalore University or any other University.
M.P.BIRLA INSTITUTE OF MANAGEMENT Page2
Principal’s Certificate
This is to certify that the Project titled “An Exploratory study on the Impact of
The Securitisation & Reconstruction of Financial Assets and Enforcement of
Security Interest Act 2002 on the Non Performing Assets in the Banking sector”
has been completed by Ms. Supriya R bearing the registration number
06XQCM 6114 under the guidance of Prof.Sathyanarayan. This study has not
formed the basis for the award of any other degree/diploma by any other university.
Place: Bangalore
Date: 2.May. 2008 (Dr.Nagesh S.Malavalli)
M.P.BIRLA INSTITUTE OF MANAGEMENT Page3
Project Guide’s Certificate
This is to certify that the Project titled “An Exploratory study on the Impact
of The Securitisation &Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 on the Non Performing Assets in the Banking
sector” has been completed by Ms. Supriya R bearing the registration number
06XQCM 6114 under my guidance. The study has not formed the basis for the
award of any other degree/diploma by any other university.
Place: Bangalore
Date:02.May.2008 (Prof.Sathyanarayan)
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ACKNOWLEDGEMENT
This Project report has been made possible through the direct and
indirect co-operation of various people to whom I wish to express my
deep sense of gratitude.
Supriya R
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List of Contents
3-11
1 RESEARCH EXTRACT
12-32
2 INTRODUCTION
55-58
6 FINDINGS
59-63
7 SUGGESTIONS & CONCLUSION
64-68
8 ANNEXURES
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LIST OF TABLE AND GRAPHS
44
1 Showing main reason for NPAs in Bank
45
2 Showing the measures for the recovery of NPAs
46
3 Showing mechanisms for the recovery of NPAs
Pre-Securitisation Act
47
4 Showing recovery mechanism for NPAs
Post-Securitisation Act
48
5 Showing practical measures
49
6 Showing reasons for effective applicability measures
50
7 Showing Securitisation Act empowered to the Bank
51
8 Showing the impact of level of NPAs in Bank
52
9 Showing the rate of impact of Securitisation Act in the
reduction of NPAs
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CHAPTER 1
RESEARCH EXTRACT
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RESEARCH EXTRACT
The term NPA refers to Non-Performing Asset. As per the Reserve Bank of India
guidelines an asset is treated as a Non Performing Asset, if interest and/or
installment of principal remain overdue for a period exceeding 90 days. NPAs are
those assets which do not generate any income to the banks; they drain off the profit
of the banks earned by the performing assets. The NPA affects the banks and
financial institutions mainly in the following ways:
At the Macro level, NPAs have choked off the supply line of credit of the potential
lenders thereby having a deleterious effect on Capital formulation and arresting the
economic activity in the country.
At the Micro level, unsustainable level of NPAs has eroded current profits of Banks.
They have led to reduction in interest income and increase in provisions and have
restricted the recycling of funds leading to various asset-liability mismatches. Besides
this, it has led to erosion in their capital base and reduction in their competitiveness.
The mounting menace of NPAs has raised the cost of credit, made Indian
businessmen uncompetitive as compared to their counterparts in other countries. It
has made Banks more averse to risks and squeezed genuine Small and Medium
enterprises from accessing competitive credit and has throttled their enterprising
spirits as well to a great extent.
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While The Banking Industry in India is progressively complying with the international
prudential norms and Accounting practices, there are certain areas like recovery
management in which it does not have a level playing field as compared to other
participants in the International financial markets. Our existing legal frame work
relating to the commercial transactions has not kept pace with the changing times,
this resulted in slow pace of recovery of defaulting loan & mounting levels of NPA’s in
banks. Till 2002 neither there were any legal provisions for facilitating Securitisation
of financial assets of Banks nor was there any legal framework to take possession of
securities and sell them without the intervention of the court.
The Securitisation and Reconstruction of Financial Assets Act, 2002 was a step
in this direction. The Act has provided an enabling legal framework for setting up
of Securitisation or Reconstruction Company and the manner of acquisition of
financial Assets by such companies. This Act has been enacted to help Banks and
FIs to tackle the NPAs problem. The Securitisation Act enables the Banks and FIs to
sell off/transfer the NPAs without the intervention of court and the sale proceeds of
the assets are to be used for payment to the secured creditors for the assets taken
over from them. The Act was bound to create ripples in the corporate sector and at
the same time provide a much needed balm to the banks and financial institutions.
Hence it is quite necessary to study the impact generated by the act on banks and
financial institutions and assess how successful the Act was in the reduction of NPAs
in the banking sector
The nature of research was exploratory as well as diagnostic as the study was aimed
at exploring the impact of Securitisation Act on the Non- Performing Assets in the
banking sector. The research was also aimed at recognizing the areas of
improvement in the Act.The respondents were chosen on the basis of simple random
sampling, under this sampling design every item of the universe has an equal and fair
chance of inclusion in the sample.
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The sampling unit was Banks especially the loan managers, the credit Managers and
the officers in charge of recovery department. The Banks were chosen randomly and
are from Bangalore.The total Sample size was fifty respondents for the questionnaire
and for the NPA and recovery statistics the sample size is five Public sector banks.
The Securitisation Act is a fine, comprehensive piece of legislation, it is also a
reassuring sign of Government’s commitment to reforms. Since the enactment of the
Securitisation Act, it was seen as a panacea to the entire problem of NPAs.The
banks are euphoric about the Act and are taking actions swiftly by issuing notices to
the defaulting borrowers. Defaulting borrowers who were not responding previously
started responding favourably and cash recoveries became a reality. However
nothing spectacular has happened, there are not many cases where change of
management has been affected or taking over the entire assets of a large
manufacturing unit etc. This is due to the various intricacies involved in the
implementation of the Act. After the analysis it can be concluded that overall the Act
has empowered the banks with additional powers for recovery and facilitated the
reduction of NPAs to the extent of seventy percent, however much needs to be done
by way of recovery reforms and development of market for distressed assets for the
Act to be more effective in realising its proposed objectives
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CHAPTER 2
INTRODUCTION
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INTRODUCTION
SECURITISATION ACT 2002
The need for the setting up an asset reconstruction company for acquiring
distressed assets from Banks and FIs with a view to develop market for
suchassets was being felt, since long. Narasimham Committee 1 &2 and the
Verma Committee on restructuring of weak Banks has strongly recommended
the setting up of Asset Reconstruction Companies (ARCs)
The debt securitization is a new concept in the Indian financial markets and is
primarily meant for enhancing the liquidity of the Banks and FIs which have
extended financial assistance to the borrowers for various purposes. The debt
securitization makes available with these institutions the security papers against
the financial assets which have been created out of the financial assistance
sanctioned and disbursed by these institutions and in the case of a default by the
borrowers the secured creditors can have a recourse to either the securitization of
the financial asset or the reconstruction of the same.
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What is Securitisation?
Securitisation is a process whereby the ‘originator’ of the various financial assets
including loans which are illiquid can transfer such assets to special purpose
vehicles(SPV) which issues the tradable securities against these loans and these
are issued to the investors. It is an acquisition of financial asset by any
securitization company from the ‘originator’ whether by raising of funds by such
securitization company from ‘qualified institutional buyer’ or by issue of
security receipts representing undivided interests in such financial assets or
otherwise.
Thus, there will have to be some sort of understanding between the QIBs and the
securitization company which can be ‘originator’ in the case of the banks and the
FIs which has extended the financial assistance to the ‘obligor’ who is supposed
to repay the financial assistance in instalments on some future dates as per the
agreement entered into by it with the bank. This can be referred to as the
‘security agreement. It is an instrument or any other document or arrangement
under which the ‘security interest’ is created in favour of the secured creditors
including the creation of the mortgage by the deposit of the title deeds with the
secured creditors.
Objectives of Securitisation
There are two basic objectives of securitization:
To reduce the assets of the originator to reduce the capital
requirement
To achieve the reduction in demand and time liability.
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Once the assets go off the balance sheet the originator can thus reduce his capital
requirement, similarly on the liquidation of the assets the need for the time assets
and the demand liability comes down as these are subject to the statutory
reserves.
There may be two specific occasions when the need for the securitized asset and
its transfer may be necessitated so far as the ‘originator’ is concerned:
To increase its liquidity
To handle the non performing assets (NPAs) effectively
The two terms which have been used in the Act which are of special significance
are:
The security Interest
Financial Asset
The Act has explained these two terms in section 2(1) (zf) and 2(1)(L) as:
‘Security Interest’ means right, title and interest of any kind whatsoever upon
property, created in favour of any secured creditor and includes any mortgage,
charge, hypothecation, assignment other than those specified in section 31.
‘Financial Asset’ means debt or receivable and includes---
A claim to any debt or receivables or part thereof, whether
secured or unsecured.
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Any debt or receivables secured by, mortgage of, or charge on,
immovable property
A mortgage, charge, hypothecation or pledge of movable
property
Any right or interest in the security, whether ful or part
underlying such debt or receivables
Any beneficial interest in property, whether movable or
immovable, or in such debt, receivables, whether such interest is
existing, future, accruing, conditional or contingent
Any financial assistance.
M.P.BIRLA INSTITUTE OF MANAGEMENT
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of securities given for financial assistance and sell or lease the
same or take over management in the event of default, i.e. given
classification of the borrowers account as NPA in accordance
with the directions or under guidelines issued by the RBI from
time to time.
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All ARCs or Securitisation companies, which are in existence on the
commencement of the Act, shall make application for registration to RBI before
the expiry of 6 months from such commencement.All ARCs are to be regulated
and registered with the RBI. There will be a Central Registry and Central
Registrar, to whom details of all individual transactions are to be reported, on an
on-going basis.
1. ASSET CLASSIFICATION
The loans given by the Banks are classified into performing and
non-Performing assets on the following basis:
Performing Assets: also known as standard assets are the assets
which do not disclose any problem and which do not carry more
than the normal risk attached to the business. Performing asset
is one which generates income for the bank. It is an asset where
the interest and or principal are not overdue beyond 180 days
(modified to 90 days w.e.f.Mar 2004) at the end of the financial
year.
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Non Performing Assets: An amount is to be treated as non
performing asset when it ceases to generate income for the
Bank. An asset may be treated as Non Performing Asset (NPA),
if interest and /or installment of Principal remain overdue for a
period exceeding 180 days (modified to 90 days w.e.f. Mar
04)and Banks and FIs should not take into their Income
account, the interest accrued on such NPAs, unless it is actually
received/recovered. NPAs are further classified into:
1. Substandard Assets: Loans which are non-performing for a
period not exceeding two years, where the current net-worth of
the borrower or the current market value of the security, against
which the loan is taken, is not enough to ensure full recovery of
the debt.
2. Doubtful Assets: Loans which have remained non-
performing for a period exceeding two years and which are not
classified as loss assets by for the management or the
internal/external auditor appointed by RBI.
3. Loss Assets: Assets where loss has been identified by the
internal/external auditor of the bank or the RBI, but the amount
has not been written-off wholly or partly. These assets are
considered unrecoverable and are of little value to the lending
institution.
2. INCOME RECOGNITION
The income recognition is linked to the concept of performance of
the assets. In other words the income from performing assets only
M.P.BIRLA INSTITUTE OF MANAGEMENT
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is to be recognized. The income from non-performing assets is
recognized only to the extent of actual recovery made during the
accounting year.
3. PROVISIONING
The amount of provision required to be created for each asset
depends on the classification of the assets, availability/value of
security, other guarantee available, the age of the NPA etc.
From the foregoing, it may be observed that the Prudential norms
have twin effect on the profitability of the Banks: The income from
the non-performing assets cannot be recognized except to the extent
of actual recovery. Bank is required to create provision for the non-
performing assets. Both these have a negative impact on the
profitability of banks.
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One Time Settlement Schemes (OTSS): One Time Settlement
Schemes launched in May’99&July’00 has enabled Banks to
recover Rs.668 crore and Rs.2600 crores respectively by Sept.
2001. One more OTSS for outstanding amount in default upto 10
crores has been introduced in the month of Feb’03 its results will
be seen in due course.
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STATEMENT OF PROBLEM
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NEED AND IMPORTANCE OF THE STUDY
Primary objectives:
To gain insight into the various provisions of the Act with
special emphasis on reduction of NPAs in Banks.
To assess the effectiveness of the Act in realising the proposed
objectives.
Secondary objective:
To identify the loopholes in the Act, if any and to make
suggestions to plug the same.
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CHAPTER 3
REVIEW OF LITERATURE
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PURPOSE OF REVIEW OF LITERATURE
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Conclusion
Therefore, when the Supreme Court upheld the constitutional validity of the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (the Securitisation Act) on April 8, bankers breathed
a sigh of relief. The ruling would al1ow banks and financial institutions to take
possession of the security given by the defaulting borrowers and sell these assets
without having to go through protracted legal procedures.
The court, however, ruled as unconstitutional the provision that required
aggrieved borrowers to make an upfront deposit of 75 per cent of the dues
claimed in case they preferred to go on appeal again the lender's action.
M.P.BIRLA INSTITUTE OF MANAGEMENT
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unable to enforce the provisions in full. The salient provisions of the
Securitisation Act state that the lender can take possession of the asset in case
the borrower does not discharge his liabilities within 60 days of the demand
notice from the lender. The lender can then manage the assets with a right to
transfer them by way of lease, assignment or sale. Are banks today equipped for
this? Imagine banks having thousands of such seized assets of various
descriptions and values in their physical possession.The sheer cost of
maintaining such assets in marketable form could be formidable. Borrowers
would know that their assets are in jeopardy if they do not deliver on their
promises or take the lenders into confidence in respect of their business risks.
The change would be in the attitude. And this change would go a long way in
enhancing the quality of the banking system's asset.
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Securitisation—will they Act
By Hindustan times.com
Some in India Inc. may have had a bad year, thanks to the Securitisation Act but
almost all top bankers and financial institution honchos experienced relief wit
the passing of this Act. Having got armed under the Act to take possession of the
assets of defaulters, the past few weeks saw several banks send notices to
defaulters for recovery of their sticky assets. Be it a hotel, a factory, office or
residential premises, defaulters long habituated to making merry on borrowed
money are already finding the going tough.
The new Act is expected to arrest the mounting NPAs and help banks
improve their bottomlines.
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CONCLUSION
The literature review has been very useful and informative as it has thrown light
on the research and articles that have been written on the growing problems of
Non Performing Assets in the banking sector, its adverse effects on the
functioning of the banks and the various mechanisms available for recovery of
the NPAs with special reference to the recently enacted Securitisation Act.
Moreover it has helped in identifying the degree of research that has already
been done on the subject. It has narrowed the scope of repetition and has formed
the basis of secondary data for this study.
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METHODOLOGY
The steps followed for undertaking the research study are presented below
TYPE OF RESEARCH:
The nature of research was exploratory as well as diagnostic as the
study was aimed at exploring the impact of Securitisation Act on the
Non- Performing Assets in the banking sector. The research was also
aimed at recognizing the areas of improvement in the Act.
SAMPLING TECHNIQUE:
The respondents were chosen on the basis of simple random sampling.
Simple random sampling is also known as probability sampling or
chance sampling, under this sampling design every item of the
universe has an equal and fair chance of inclusion in the sample.
SAMPLING UNIT:
The sampling unit was Banks especial y the loan managers, the credit
Managers and the officers in charge of recovery department. The
Banks were chosen randomly and are from Bangalore.
SAMPLE SIZE:
The total Sample size was 50 respondents for the questionnaire and for
the NPA and recovery statistics the sample size is five banks.
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TOOLS FOR COLLECTION OF DATA:
Sources of data:
The data consisted of both primary data and secondary data
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CHAPTER 5
PRESENTATION AND
ANALYSIS OF DATA AND
INTERPRETATION
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HYPOTHESIS
H0: The Securitisation Act is not successful in the reduction of
NPAs in the banking sector.
H1: The Securitisation Act is successful in the reduction of NPAs
in the banking sector.
STATISTICAL DESIGN
Statistical tools used for analysis were:
Z- test
Percentage method
Graphs
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ANALYSIS OF QUESTIONNAIRE
Interpretation:From the table it is clear that the main reason for NPAs in banks is
diversion of funds, improper credit appraisal and willful default followed by cost ineffective legal
measureand difficulty in the execution of decrees.
M.P.BIRLA INSTITUTE OF MANAGEMENT Page44
2. Measures for the recovery of NPAs adopted by the Bank
PREFERENCE Numbers
Legal Measures 22
Non legal Measures 2
Both 20
Other 0
Graph showing the measures undertaken by the bank for recovery of NPAs
Interpretation:
From the graph it can be interpreted that 45% of the respondents said that they take both
legal & non-legal measures for the recovery of NPAs, while 50% said they take only legal
measures and 5% said that they take only non-legal measures
M.P.BIRLA INSTITUTE OF MANAGEMENT Page45
3. Which of the following recovery mechanisms are adopted by the bank for NPAs pre-Securitisation Act?
Interpretation
14% of the respondents said they adopt one time settlement schemes as a recovery mechanism
for NPAs pre–securitisation act, 23% said Debt recovery tribunals 32% said
Asset Reconstruction Companies, 5% said Civil courts, 5% said corporate debt reconstruction and
23% said Lok Adalats.
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4. Which of the following recovery mechanisms are adopted by the bank for NPAs
post-Securitisation Act?
Interpretation:
14% of the respondents said they adopt one time settlement schemes as a recovery mechanism for
NPAs post –securitisation act, 23% said Debt recovery tribunals 32% said
Asset Reconstruction Companies, 5% said Civil courts, 5% said corporate debt reconstruction and
23% said Lok Adalats.
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5. Which of the measures for recovery are practical?
PREFERENCE Numbers
Lok Adalats 10
Civil Courts 2
Corporate Debt Re-Structuring 2
Debt Recovery Tribunal 12
One time settlement schemes 4
Asset reconstruction/securitisation
Companies 14
Interpretation:
9% of the respondents said that One Time Settlement scheme is the mosteffective recovery mechanism,
while 23% said Lok Adalats, 32% said Asset reconstruction companies, 27% said debt recovery
tribunals and 9% said corporate debt restructuring.
M.P.BIRLA INSTITUTE OF MANAGEMENT Page48
6. Which of the measures for recovery are effective?
REASON'S Numbers
Fast 20
Default less 12
Bound by Law 4
Simple 8
Interpretation:
45% of the respondents said that fast scheme is the most effective recovery mechanism,
While 27% said default less, 10% said bound by law, % said debt recovery tribunals and 18%
Said simple method
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7. Do you think the Securitisation Act has empowered the banks with additional powers by facilitating the
formation of Asset reconstruction/Securitisation companies?
PREFERENCE Numbers
Yes 42
No 2
Interpretation:
95% of the respondents said that the securitisation act has empowered the banks with
additional powers by facilitating the setting up of Asset reconstruction Companies securitization.
M.P.BIRLA INSTITUTE OF MANAGEMENT Page50
8. Has the enactment of Securitisation Act reduced the level of NPAs in the bank?
PREFERENCE Numbers
Yes 42
No 2
Interpretation:
95% of the respondents said that the enactment of the Securitisation Act has reduced
the level of NPAs in the banks, while 5% said they can’t say whether the Act helped in
the reduction of NPAs in the banks.
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9. How would you rate the impact of the Securitisation Act in the reduction of NPAs on a
scale of 1 to 10? (One being the lowest & ten being the highest)
RATING Numbers
Below 5 2
5 & Above 42
Interpretation:
95% of the respondents rated five and above 5 the impact of Securitisation act in the
reduction of NPAs and 5% rated below 5. From this it can be interpreted that the Act
has been successful in the reduction of NPAs in the banking sector.
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STATISTICAL ANALYSIS
The impact of Securitisation Act in the reduction of NPAs in the Banking sector
3 3 9 27
4 3 12 48
5 26 130 650
6 12 72 432
7 6 42 294
265 1451
Table value of Z is
1.96 at 5 % level of
significance.
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Interpretation
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CHAPTER 6
FINDINGS
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FINDINGS
An asset is treated as a Non Performing Asset, if interest and/or
installment of principal remains overdue for a period exceeding
90 days(w.e.f.1st April 2004)
The main reasons for an account becoming a non- performing
asset are diversion of funds, improper credit appraisal and willful
default followed by cost ineffective legal measures and difficulty in
the execution of decrees.
Before the enactment of the Securitisation Act the banker had
limited options for recovery which consisted of having an intensive
follow-up and interaction with the borrower and initiating legal
actions either through courts or Debt recovery tribunals.
The Securitisation Act empowers Banks/FIs to change or
takeover the management/possession of secured assets of the
defaulting borrowers& sell or lease out the assets without the
intervention of the court.
The measures to tackle the NPAs adopted by the bank post-
Securitisation Act include:
Issuing notices as per the SRFAESI Act and waiting for 60 days
Issue possession notice after 60 days and initiate steps to take
physical possession of securities
Sell the securities and adjust the amount to the NPAs.
The Act is applicable only if claim in respect of the financial
asset is made within the period of limitation prescribed under the
Limitation Act, 1963(36)
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The Securitisation Act is not applicable in case of agriculturaL
properties
The act is not applicable to any security interest for securing
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CHAPTER 7
SUGGESTIONS &CONCLUSION
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SUGGESTIONS
The following are the suggestions to ake the Securitisation Act more
meaningful and effective.
In India, bulk of the NPAs relate to units that are either defunct or in
sectors like steel and textiles that have become uncompetitive or obsolete
with the opening up of the economy, lowering of tariffs or introduction of
modern technology etc. Unlike other countries, where there are
specialized markets for buying out the NPAs and selling them overtime,
there is no market for distressed assets in India. Hence specialized
markets for such securitized assets must be established.
Private investors should also be allowed to invest in securitized NPAs.
Asset reconstruction companies resort to issuance of bonds against
assets transferred from the banks. There should be a mechanism whereby
such bonds are guaranteed.
Banks and Asset reconstruction companies must be given sufficient legal
powers to recover the assets and dispose them off without the intervention
of the courts.
The banks and FIs will be shareholders as well as the customers of the
ARCs and hence they have an interest in its financial performance,
therefore the ARCs have to be given operational independence.
Banks should recognize hidden losses in transfer of NPAs to ARCs, if
banks transfer the NPAs at the market price they will have to book further
losses. Government should evolve a mechanism to quantify these losses
and arrange to recapitalise banks.
The NPA assets must be rated by a rating agency which would facilitate
the market for such assets, this would inturn reduce the holding cost of the
seized assets to the bank.
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Recognition of the sale of property by the banks under the Securitisation
act by the Registrar.
The act has to be made applicable to agricultural properties also, this
would help curb the level of NPAs in the priority sector lending by the
banks.
The upfront payment by the borrower for challenging the action of the
bank under the act should be re-introduced with a lesser percentage of the
claimed amount.
The lending bank should be given more powers to seize and dispose off
the security and to attach any other additional security/asset available with
the defaulting borrower and court intervention in such proceeding should
be eliminated.
The Act has to be made applicable for recovery of all dues of banks and
FIs irrespective of the Limitations Act.
The Act has to be given same weightage on par with Revenue Recovery
Act.
The escape routes for defaulters like the interference of the Debt
Recovery Tribunal etc are to be removed.
Bankers handling the recovery operations should be educated on the
management and disposal process of the acquired assets and should also
be provided with management expertise while taking over the operations
of the companies.
The powers currently available to the bankers under the Act should be
explained to both the borrowers and the bankers for the effective
implementation of the Act.
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CONCLUSION
The Securitisation Act is a fine, comprehensive piece of legislation, it is also a
reassuring sign of Government’s commitment to reforms. The Act empowers the
banks to change or take over the management or even take possession of
secured assets of the borrowers and sell or lease out the assets. This is the first
time that the banks can takeover the immovable assets of the defaulting
borrowers without the intervention of the courts. Banks under the act can claim
future receivables and supercede the Board of Directors of the defaulting
corporates. No court, other than the Debt Recovery Tribunal can entertain an
appeal against the action taken by the banks under this Act.
Since the enactment of the Securitisation Act, it was seen as a panacea to the
entire problem of NPAs. The banks are euphoric about the act and are taking
actions swiftly by issuing notices to the defaulting borrowers. Defaulting
borrowers who were not responding previously started responding favourably
and cash recoveries became a reality. However nothing spectacular has
happened, there are not many cases where change of management has been
affected or taking over the entire assets of a large manufacturing unit etc. This is
due to the various intricacies involved in the implementation of the act and its
consequences like interference of courts/DRTs in the proceedings initiated by the
banks under the act by way of granting stay orders, lack of market for such
securitized assets, lack of managerial expertise in case of such assets, concerns
of holding costs of such assets to the banks, the recent Supreme court decision
with regard to the striking down of the upfront payment by the borrower before
appeal warranted by the act as unconstitutional and the like.
In view of the above mentioned concerns it can be concluded, after the analysis
that overal the act has empowered the banks with additional powers for recovery
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and facilitated the reduction of NPAs to the extent of 70%, however much needs
to be done by way of recovery reforms and development of market for distressed
assets for the Act to be more effective in realising its proposed objectives.
BIBLIOGRAPHY
JOURNALS / MAGAZINES
Bare Act Book on Securitisation Act, 2002
RBI/IBA bulletins and journals
Financial magazines
Financial Statements/Annual reports of the banks
Banking journals of IIB (Indian Institute of Bankers)
Web Sites visited
Search engines: google and yahoo
www.rbi.com
www.indiainfoline.com
www.iib.org.in
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CHAPTER 8
ANNEXURE
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QUESTIONNAIRE
I am “SUPRIYA R “ currently pursuing my M.B.A. and I am conducting a study on
the impact ofthe Securitisation Act on the non- performing assets in the Banking
sector.
Please answer the questions below. Your Responses in this regard are very
valuable for the success of my project. Also note that the information so revealed
wil be utilized without directly disclosing the identity of the concerned
Bank/officials.
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3. Which of the following recovery mechanisms are adopted by the bank for
NPAs pre- Securitisation Act?
□ Lok Adalats □ Debt Recovery Tribunal
□ Civil courts □ One time settlement schemes
□ Corporate Debt Re-Structuring
□Others,specify____
4. Which of the following recovery mechanisms are adopted by the bank for
NPAs post-Securitisation Act?
___________________________________________________________
6. The Securitisation Act has empowered the Banks with additional powers
by facilitating the formation of Asset reconstruction/Securitisation companies.
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□ Yes □ No
7. Has the enactment of Securitisation Act reduced the level of NPAs in the
Bank?
□ Yes □No □ can’t say
8. If yes, in Q6 how would you rate the impact of Securitisation Act on a scale of
1 to 10?
9. Are there any issues of concern for the Bank in the implementation of the
Securitisation Act for recovery of NPAs? If so, what are they?
_____________________________________________________
________________________________________________
10. Are there any limiting factors in the Act in its present form that hinders its
effectiveness in the recovery of NPAs? If so, what?
_____________________________________________________________
_____________________________________________________
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11. Your suggestions with regard to any changes that are to be made to make
the Act more meaningful and effective?
_____________________________________________________________
______________________________________________________
______________________________________________________
____________________________________________________
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