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Thursday, Apr 15, 2004

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Opinion - Accountancy


Biggies get the better deal

Mohan R. Lavi

Not all non-performing assets are equal as the RBI circular on NPAs shows, says Mohan R. Lavi

THE Reserve Bank of India (RBI), in an effort to bring some balance into the ever-burgeoning non-performing assets (NPAs) held by many banks in the country, has been issuing Master Circulars on asset classification, income recognition and prudential norms for these NPAs.

The latest, issued in August 2003, is a consolidation of all circulars, including those issued for restructuring/rehabilitation in the past. While there is a mega corporate debt-restructuring (CDR) scheme for the biggies who have defaulted, a simplified version of the scheme is available for the not-so-privileged NPA clients.

To be eligible for restructuring/rehabilitation, the primary criterion is that one should be running a manufacturing unit. The RBI appears to justify this by stating that bottlenecks such as delay in commencement of commercial production, time and cost escalation would not occur in the case of trading companies.

In effect, the RBI seems to be certifying that only manufacturing companies can run into such dire financial straits as not to be able to service the loans they have taken. Nothing can be farther from the truth. Trading, especially in exports, is a big-ticket business these days and even one sloppy performance to a foreign customer could wash out the entire company. A delay in the receipt of forex proceeds could push the exporter into a financial squeeze.

All credit facilities extended to a manufacturing unit would come under the purview of restructuring. To arrive at the exact worth of a borrower, collateral security would also be taken into account provided such collateral is a tangible security properly charged to the bank. The RBI has been meticulous enough to even decide when restructuring can be done:

  • before commencement of commercial production;

  • after commencement of commercial production but before the asset has been classified as sub-standard; and

  • after commencement of commercial production and after the asset has been classified as sub standard.

    Standard assets, wherein the principal and interest have been rescheduled, would not be de-promoted to sub-standard category if there is sufficient security available or the sacrifice has been expensed off or provided for respectively. Sub-standard assets, wherein the principal and interest have been rescheduled, would not degenerate into doubtful assets if there is sufficient security available or the sacrifice has been expensed off or provided for respectively.

    In case any of these assets have been restructured and are showing stellar performance, they can be promoted in the asset classification ranking only after one year of consistent performance abiding by the terms of the restructuring.

    The term `manufacture' has probably been defined most comprehensively under the Central Excise Act. The sine qua non here is that a new product comes into existence. The same word has been interpreted under the Income-Tax Act a little bit differently for the benefit of industries with substantial investments seeking tax sops.

    There is no definition of manufacture either in the Banking Regulation Act or the RBI Act/Master Circulars. As per the laws of interpretation, if one were to hazard a guess, manufacture under the RBI Notification would mean a factory with large land area, assortment of buildings and dark smoke emanating out of darker chimneys. Hotels, multiplexes and other such borrowers would be out of the restructuring canvas.

    It needs no mention that many of these industries face problems akin to that of manufacturing units and, hence, step-motherly treatment for such units is not warranted.

    If this was the intent, there is an element of injustice done to non-manufacturing units which have fallen upon harder times. Such units too could face starting hiccups, roadblocks before the lending institution labels them as NPA and major hurdles after the label has been stuck on them. Many of them who come to the negotiating table for a deal are shooed away since the Master Circular does not permit entertaining their cases. With the Supreme Court giving the nod to sell the assets taken over from borrowers under the SARFAESI Act, such units could find their way into the hands of banks even without giving them a fair hearing.

    Stretching the argument a bit further, an individual who has taken a housing loan and has defaulted could find himself bereft of it even before he could think of a way of retaining it. This may not have been the intention of the RBI since it gives a long rope to the big ones under the CDR scheme.

    The 2004 version of the Master Circular could be a little bit more masterly than its predecessors. They could do a favour to non-manufacturing units, too, by including them in the rehabilitation portfolio as well.

    More Stories on : Accountancy | Non-Performing Assets

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