FAIR III –Session V
Developing the Asian Markets for Non-
Performing Assets –India’s Experience
November 11, 2003
Presented By: Mr. S. Khasnobis
FAIR III –Session V
ARCs –Indian Context
India’s Premier ARC -Arcil
ARCs –Legal Framework
NPAs in the Indian Banking System
Agenda
FAIR III –Session V
NPAs in the Indian Banking System
Indian banking system witnessed gradual increase in
levels of NPAs in the post-liberalisation period
Shake-up in real sector
However NPA levels did not threaten to undermine the
banking system
Tightening of prudential and capital adequacy
norms by the regulator
Selective recapitalisation support and mergers of
weaker institutions
FAIR III –Session V
While the problem is not as intense…Factors KoreaThailandMalaysiaIndonesiaJapanIndia
Rapid deregulation
Regulatory failure
Deteriorating macroeconomics
Aggressive lending practices *
Peak level NPAs 30% 40% 25% 50%20%15%
High Meduim low / Non-existent
* Including exposure to bubble sectors
FAIR III –Session V
…NPA “stock” merits a systemic
response-
20,000
40,000
60,000
80,000
100,000
120,000
1999 2000 2001 2002
Rs in crore
6.0%
6.5%
7.0%
7.5%
8.0%
8.5%
Gross
NPA
Net NPA
(%)
•Gross NPA levels on the rise
•NPA holding cost = 25% of the net profit of the banking system
FAIR III –Session V
ARCs –Indian Context
India’s Premier ARC -Arcil
ARCs –Legal Framework
NPAs in the Indian Banking System
Agenda
FAIR III –Session V
ARCs in India are set up as a non-government
vehicle
Minimal government participation in the ARC
resolution process
Market forces to consolidate and attractively package
lender interests
Create investors’ interest
Support from the banking system –an essential
requirement
ARC –Indian model
FAIR III –Session V
Fiscal Incentives to banking system
Tax set-offs on sale of asset to ARCs
Gains from buy-back of high yield government
bonds to be used for set-off of losses from asset
transfer to ARCs
Provision for operation of multiple ARCs
ARC –Indian model
FAIR III –Session V
Rapid
Disposition
Agency
Debt
Resolution
Agency
Risk & Rewards
transferred to
the investor
Immediate sell
down of debt to
third party
investors
Risk & Rewards
retained by the
banking system
Focus on
Asset
Management
& Resolution
The business model –Indian context
ARCs -Generic business models
FAIR III –Session V
Indian ARCs–a Debt Resolution
Agency (DRA)
Expeditious resolution of NPA “stock”-a priority
Indian NPA profile suggests
Recoveries from NPAs would be over a longer
time-frame as against rapid realisation
Predominantly in industrial sector (Low exposure to
“bubble” sectors –Real estate/ Capital Markets)
Banking landscape necessitates debt-aggregation
One borrower, many lenders (inter-creditor issues)
Different security classes and structures
Moral hazards related issues
FAIR III –Session V
Markets for NPAs –Non-existent
Absence of market makers (limited participation of
foreign lenders in Indian credit market)
No pricing bench marks
Debt aggregation and resolution approach is likely to
succeed
Focus on recoveries from NPAs
Improved leverage over debtor through aggregation
Eliminates moral hazards
Regulatory empowerment
Indian ARCs–Debt Resolution
Agency (DRA)
FAIR III –Session V
Banks/FIs ARCIL Investor
Sell asset
SRs
Sell debt
Proceeds
Company
Restructuring
Time line
t = 0 t = 1 t = 5
Management
&
Resolution
Sell DownAcquisition
Structured along the DRA model
Value capturing at resolution stage becomes critical for final exit
FAIR III –Session V
ARCs –Indian Context
India’s Premier ARC -Arcil
NPAs in the Indian Banking System
ARCs –Legal Framework
Agenda
FAIR III –Session V
Proactive response of government and Central
Bank –aimed at NPA resolution
Setting-up of Corporate Debt Restructuring
(CDR) forum
Enactment of “Securitisation and
Reconstruction of Financial Assets and
Enforcement of Security Interest (SARFAESI)
Act, 2002”
Proposed formation of National Company Law
Appellate Tribunal
Addressing the NPA levels
FAIR III –Session V
Regulator Central Bank
Restructuring Asset Sale
Addressing “stock” and “flow” problem
Agencies CDR ARC
Debt
Aggregation
Regulation Special Court Tribunal
Self
empowered
body
Resolution
strategies
Access to legal mechanisms
Regulatory
Empowerment
FAIR III –Session V
Legal Framework (1/2)
Act introduced two important new initiatives to bring
about structural reforms to the Indian credit market
Setting up of Asset Reconstruction Company
Enforcementofsecuritieswithouttheinterventionof
thecourt
ARCsrequirements
RegisteredwithCentralBank
15%capitaladequacy
ArcilisthefirstARCwhichhasbeengrantedlicense
bytheCentralBank
FAIR III –Session V
Legal Framework (2/2)
ARCsempoweredtotakefollowingmeasuresfor
thepurposeofassetreconstruction:-
Takepossessionofsecuredassets
Sellorleaseapartorwholeofthebusinessof
theborrower
Changeortakeoverofthemanagementofthe
businessoftheborrower
Reschedulingthepaymentofdebtpayableby
theborrower
Settlementofduespayablebytheborrower
FAIR III –Session V
Enforcement of Security Interest…
FAIR III –Session V
…without court intervention
No
intervention of
court
Overcoming
cumbersome
procedural
delays
Expeditious
recovery
FAIR III –Session V
ARCs –Indian Context
ARCs –Legal Framework
NPAs in the Indian Banking System
India’s Premier ARC -Arcil
Agenda
FAIR III –Session V
Arcil brings together the complementary
strengths of the three largest players in the
Indian financial sector
100.0%Total
26.5%Other private sponsor
banks
24.5%ICICI Bank
24.5%IDBI
24.5%State Bank of India
ShareholdingEquity participation
Sponsors hold 40 % of NPAs of the system
Private sector character-51% shareholding with
private banks/ institutions
FAIR III –Session V
Building
Blocks Structure
Resolution
Approach
Investor
FAIR III –Session V
Resolution strategy framework
Loan management strategy
Restructuring of loan based on transparent policy
Maximise overall recovery value
Fair treatment to all stakeholder
Settlement
Asset management strategy –Asset restructuring
Sale of business/collateral
Preservation and enhancement of value of
business/collateral
Orderly disposition through transparent process
FAIR III –Session V
Participation from Indian banking system
at initial stage –key to value retention
T=0 T=1 Time
NPA Implementation
of resolution
A performing asset
Return
Expectations
Rerating as normal debtRerating
Banks can capture value by staying invested
in the assets till the resolution stage
25%
15%
FAIR III –Session V
Management quality
Industry viabilityLow High
Low
High
Settlement with
Existing promoters
Restructuring
Strip sale of
Assets
Sale of business/
Induction of JV partner
Resolution strategy framework
FAIR III –Session V
Building
Blocks Structure
Resolution
Approach
Investor
FAIR III –Session V
Borrower
Reconstruction thru’
Restructuring /
Asset sale / M&A
Cash
realization
Redemption
of SRs
SRs
Payment for
Subscription to SRs
QIBs
(Banks/FIs)
Purchase
Consideration
Scheme
Borrower wise
Banks/ FIs
ARCs/
Trusts
Sale of loan
assets
Transaction structure -Asset Specific
Trust
FAIR III –Session V
Redemption
of Original
SRs
Payment for
subscription
to fresh SRs
SRs
Investors
Master Trust
/ Scheme
Pooling of
SRs
QIBs
(Banks/FIs)
QIBs
(Banks/FIs)
Scheme
Borrower A
Scheme
Borrower B
Borrowers
A,B
Cash
realization
Redemption
of SRs
Pooling and sale/ Securitisation at Subsequent
Stage –Exit for original investors
FAIR III –Session V
Building
Blocks Structure
Resolution
Approach
Investor
FAIR III –Session V
Distressed debt investment opportunity
Distressed
Company
Direct from
Bank / ARC
Asset Pool
Large
Portfolio
INVESTORSCORPORATES
Securitization
Fund level
Partner with ARC
Restructuring fund/private
equity option
Direct investor
Ideally suited for all classes of investors
FAIR III –Session V
Geared to unlock value
Indian economy buoyant and future outlook is positive
Right time to tackle NPA problem
Maximize value and distribute it back to the system
Re-energize the financial sector
Unlock under utilized productive assets
A ‘Win-Win’ model -provides a medium-term structural
banking sector solution