Bad Banks in India November 2020 - Deloitte

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Bad Banks in India November 2020 - Deloitte
Bad Banks in India | Contents

Bad Banks in India
November 2020

0
Bad Banks in India | Contents

Contents
India – Banking sector Non-Performing Assets   3
Impact of COVID-19 on Banking sector NPA       5
Bad banks – An overview                        6
Bad banks – Prior experience and evolution     7
Pros and Cons of establishing a Bad bank       8
Bad bank – Alternatives                        10
Bad bank – Global experience                   12
Conclusion                                     14
Appendix                                       15

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Bad Banks in India
             India || Contents
                      Contents

2
Bad Banks in India | India – Banking sector Non-Performing Assets (NPA)

India – Banking sector
Non-Performing Assets
(NPA)
The issue of Non-Performing Assets (NPAs) in the
Indian banking sector has long been a subject of
much discussion and scrutiny, impacting (PSU) banks’
capacity to lend in the past

Introduction                                                   Over the 11-year period since, the GNPA
A sound banking system is a prerequisite                       for SCBs increased to INR 9,36,474          The stress in PSU banks
for developing a sound financial and                           crores at 31 March 2019, implying a
economic system. However, the issue of                         CAGR of 33.06 per cent, far outstripping
                                                                                                           has increased
non-performing assets is a huge hurdle                         the growth of banking sector credit         significantly over the
in the smooth functioning of the banking                       growth during the same period.
system. A high level of NPAs indicates a                                                                   years
high probability of credit default thereby                     An analysis by Centre for Financial
reducing the overall efficiency and                            Accountability indicates this:              “The table below highlights that
effectiveness of the lending system. It                                                                    stress in PSU Banks has increased
also significantly reduces the availability                    Between FY15 and FY19, if opening           significantly from 5.0 per cent of
of credit, thus creating a problem not                         NPAs were based at 100, on an average,      gross advances at Mar-15 to 11.3 per
only for the banks but also for policy                         real slippages were being added at 67       cent of Gross advances at Mar-20.
makers, affecting the economic growth                          per cent, recoveries with upgradation at
of the country.                                                20 per cent, while write-off contributed    Similarly, GNPA for all SCBs has
                                                               above the recoveries at 22 per cent. This   increased from 4.3 per cent to 8.5
Banking NPA – Status (Pre COVID-19)                            has resulted in cumulative NPAs             per cent during this period.
In the last few years, banks have been                         increasing at 25 per cent (100+67-20-
under the scanner because of increasing                        22=125) in the past five years.
NPAs. The Gross NPA (GNPA) of all
Scheduled Commercial banks (SCBs) in
India in 2007-08 was INR 40,452 crores.

3
Bad Banks in India | India – Banking sector Non-Performing Assets (NPA)

Table: Trend in Indian Banking NPA

Country                               FY15               FY16                    FY17                 FY18               FY19                FY20

Public sector Banks                   5.0%               9.3%                    11.7%                14.6%              11.6%               11.3%

Private Sector Banks                  2.1%               2.9%                    4.1%                 4.7%               5.3%                4.2%
Foreign Banks                         3.2%               4.2%                    4.0%                 3.8%               3.0%                2.3%

Small Finance banks                   0.0%               0.0%                    1.2%                 2.5%               2.0%                NA

GNPA (%) – All SCBs                   4.3%               7.5%                    9.3%                 11.2%              9.1%                8.5%

GNPA – SCBs (INR TN)                  3.2                6.1                     7.9                  10.4               9.4                 NA

Gross Advances - SCBs                 75.6               81.7                    85.0                 92.7               102.3               NA
Source: RBI Financial Stability Reports
                                                               Global context
                                                               As per World Bank data, share of NPA to
                                                               gross loans in Indian banking is
“As per available numbers (some of which                       significantly higher compared to
are provisional) at this point of time, the
                                                               developed western economies and also
overall capital adequacy ratio for scheduled
commercial banks (SCBs) stood at 14.8 per
                                                               exceeds most other emerging
cent as in March 2020, compared to 14.3 per                    economies, with an exception of the
cent in March 2019. The CRAR of PSBs had                       Russian Federation.
improved from 12.2 per cent in March 2019
to 13.0 per cent in March 2020.                                Large unresolved NPAs over a sustained
                                                               period of time have proven detrimental
The gross NPA ratio and net NPA ratio of                       to policy making and economic growth
SCBs stood at 8.3 per cent and 2.9 per cent in                 for many economies in the past.
March 2020, compared to 9.1 per cent and
3.7 per cent as on March 2019, respectively.
The Provision Coverage Ratio (PCR) improved
                                                                                                  NPA (%) on Gross loans
from 60.5 per cent in March 2019 to 65.4 per                     15.0
cent in March 2020, indicating higher
resiliency in terms of risk absorption                                                                                            9.4 10.1   9.2 9.5
                                                                 10.0
capacity.”
                                                                  5.0                                         2.9 3.7
Shri Shaktikanta Das (RBI Governor)                                       1.3 0.9       0.9 1.1    1.7 1.2              1.7 1.8
at a recent address at Seventh Banking &                          0.0
Economics Conclave on 11 July 2020                                         USA           UK       Germany     South     China     Russia      India

                                                                            NPA (%) on Gross loans - 2016         NPA (%) on Gross loans - 2018

Background to rising NPA
As per an ex-RBI Deputy Governor, the
stressed assets have been an outcome
of excessive bank lending, in a relatively
short period from 2009 to 2012, and to a
concentrated set of large firms in a
number of sectors such as
infrastructure, power, telecom, metals
(iron and steel, in particular),
engineering-procurement-construction
(EPC), and textiles.

4
Bad Banks in India | Impact of COVID-19 on Banking sector NPA

Impact of COVID-19 on Banking
sector NPA
As per RBI’s 21st Financial Stability Report (July 2020), macro stress tests for credit risk
indicate that the GNPA ratio of all SCBs may increase from 8.5 per cent in March 2020 to
12.5 per cent by March 2021 under the baseline scenario. If the macroeconomic
environment worsens further, the ratio may escalate to 14.7 per cent under very severe
stress.
Additional NPA stress                                               scenario. This, however, does not
                                                                    take into account the proposed         The policy imperative
                                                                    mergers or any further
The impact of the Covid-19 pandemic                                 recapitalization.                      Industry participants and policy
and the ensuing lockdowns is expected                                                                      makers are evaluating multiple
                                                                •   In the wake of Covid-19, the RBI had
to add another layer of stress on the                                                                      options on the way to control the
                                                                    announced a six months loan
already stretched Indian banking                                                                           impending NPA wave. There is added
                                                                    moratorium for all term loans. The
system. As per a recent note by rating                                                                     urgency because the government
                                                                    same was applicable from 1 March
agency India Ratings and Research (Ind-                                                                    has put on hold any fresh reference
                                                                    2020 to 31 August 2020.
RA):                                                                                                       to the NCLT under the Insolvency
                                                                •   As per RBI data, about 80 per cent     and Bankruptcy Code, 2016 (IBC) for
“In a scenario wherein funding markets                              of retail borrowers who had taken      one year.
continue to exhibit heightened risk                                 loans from public sector banks had
aversion, corporate stress could increase                           availed of the moratorium. For         Further, according to a report by
further by INR 1.68 lakh crore, resulting                           NBFCs and small banks, that figure     Kotak Institutional Equities, banks
in INR 5.89 lakh crore of the corporate                             was 45.9 per cent and 73.2 per cent,   have seen an average haircut of 88
debt becoming stressed in FY21-FY22.                                respectively.                          per cent in the cases that were
Consequently, 20.8 per cent of the                                                                         resolved in the October-December
                                                                •   The Covid-19 lockdown had a
outstanding debt could be under stress                                                                     2019 period, which was the highest
                                                                    significant impact on all industrial
in the agency’s stress case scenario.”                                                                     percentage of haircut that lenders
                                                                    activities in the economy resulting
                                                                                                           have had to take in a single quarter
                                                                    in major income loss. This has
RBI’s assessment of COVID-19 impact                                                                        since the introduction of the IBC in
                                                                    impacted their loan repayment
                                                                                                           2016. The report states: “Barring a
                                                                    ability.
                                                                                                           few cases, almost all resolutions in
•     The RBI has warned that the GNPA                          •   This may lead to Gross Domestic        Q3 FY20 had a haircut of more than
      ratio of all SCBs may increase from                           Product (GDP) contraction by 8.9       60 per cent.”
      8.5 per cent in March 2020 to 12.5                            per cent in 2020-21
      per cent by March 2021
                                                                •   The RBI projected that Capital
•     The GNPA ratio may also worsen to                             Adequacy Ratio (CAR) ratio could
      as high as 14.7 per cent by the end                           slide to 13.3 per cent in March 2021
      of the current financial year, if the                         under the normal scenario and to
      adverse economic impact of the                                11.8 per cent under the very severe
      Covid-19 pandemic would be ‘very                              stress scenario.
      severe’
                                                                •   The RBI has stated that the Indian
•     Stress test results indicate that 5                           financial system remained stable,
      banks may fail to meet the                                    despite the significant downside
      minimum capital level by March                                risks to economic prospects in short
      2021 in a very severe stress                                  term

5
Bad Banks in India | Bad banks – An overview

Bad banks – An overview
With banking sector GNPAs in India perhaps already above INR 10 lakh crore, and expected
to increase to upwards of INR 15 lakh crore in the near future, there is an increasing ask to
unburden the banking system of NPAs and expedite the recovery process.
Overview                                       called ‘Sashakt’ for resolving large bad        –   The fiscal implications would be
One of the key ideas being deliberated is      loans.                                              similar to public sector bank re-
the formation of a Bad bank/s to help                                                              capitalization. Over the years,
de-stress banking balance sheets.              Illustrative Bad bank structure                     the Government has been
                                               An illustrative Bad bank structure could            recapitalizing PSU banks and
A Bad bank is a corporate structure that       potentially work as outlined below. The             has already infused over INR
isolates risky assets held by banks in a       illustration draws from Malaysia’s                  3.5 lakh crore in last five years.
separate entity. It is established to buy      experience with their institutions                  As per ICRA estimates, the
toxic assets from a good bank at a price       ‘Danaharta’ and ‘Danamodal’ after the               capital requirements for PSU
that is determined by the Bad bank,            Asian crisis.                                       banks would be in the range of
most likely with a haircut to the book                                                             INR 20,000-55,500 crore in
value of the stressed loans being              •   The government could set up a bad               2020-21 as against government
transferred. It may be controlled by the           bank (‘Bank X’) with an agreed upon             planned budget of INR 25,000
government, and apart from the                     capital base. The equity infusion               crore for re-capitalization.
government, other private players invest           could be funded via Government of
                                                                                           •   If Bank X recovers more than the
in its equity. It may raise loans from             India re-capitalization bonds issued
                                                                                               consideration paid on acquired NPA
other participants. These transactions             to subscribers
                                                                                               loans, it may be required to share a
happen at arm's length and a Bad bank
                                               •   Bank X could acquire tranches of            certain portion of such excess with
is managed by professionals with
                                                   bad loans from across Banks/                the transferring banks. Any recovery
domain knowledge of managing stressed
                                                   NBFCs. Assuming average fair value          below such fair value would be the
assets.
                                                   of 40 per cent of book value of             sole liability of Bank X. This
                                                   loans transferred, Bank X could             approach could help address the
The Indian Banks’ Association (IBA)
                                                   acquire up to 2.5x worth of gross           concerns around asset valuation for
recently submitted a proposal to the
                                                   NPA from troubled lenders                   both the transferring lender/s and
Finance ministry and the Reserve Bank
                                                                                               for Bank X and help build
of India (RBI) to set up a ‘Bad bank’ to       •   By transferring such assets to the
                                                                                               transparency and trust in the
take charge of c. INR 75,000 crore worth           Bad bank, the original institution
                                                                                               process.
of non-performing assets (NPAs) and                could clear its balance sheet,
had requested the government to                    although it would still be forced to    Such Bank X is to be headed by
provide INR 10,000 crore of initial                take write-downs                        specialized distressed asset
capital. As per media reports, IBA had                                                     professionals with proven integrity and
                                               •   To protect the interests of taxpayers
proposed to set up an Asset                                                                experience. Also, the bank could have a
                                                   and to restore trust, this transfer
Reconstruction Company (ARC), an Asset                                                     finite lifespan to address NPAs.
                                                   would have to be done at fair
Management Company (AMC) and an
                                                   market valuations i.e. at a discount
Alternate Investment Fund (AIF). The
                                                   to book value, as certified by
ARC will be owned by the government,
                                                   Government appointed
but the AMC and AIF will have
                                                   independent valuers
participation from the public sector as
well as the private sector, as per the             –    Steep haircuts in certain cases
proposal.                                               might lead to capital adequacy
                                                        challenges in a few PSU and
The proposed structure of a Bad bank is                 private Banks, necessitating
based on the earlier recommendations                    recapitalization on a need-basis
of a panel headed by former PNB                         for these banks
chairman Sunil Mehta in July 2018, that
had proposed formation of an AMC

6
Bad Banks in India | Bad banks – Prior experience and evolution

Bad banks – Prior experience and
evolution
While India has never had a Bad bank in the past, the concept is not new. The idea of setting
up a Bad bank was first proposed in an Economic Survey conducted in January 2016. There
were discussions on creating a Bad bank in 2018 as well, but it did not materialize

The core purpose of the Bad bank would be to buy bad loans from banks at a discount, in order to attempt recover of money
from various defaulters. The Bank would need to be a centralized agency in a position to take tough decisions. This section
attempts to describe various points of view as to whether there is an actual need to set up a Bad bank in India and if yes, the
design of such an institution.
Case study: Industrial Reconstruction                                 purpose vehicle (SPV) trust for                May 2019 after examining
Bank of India (IIBI)                                                  acquiring NPAs of erstwhile IDBI.              cases above INR 50 crore that
                                                                                                                     were sold to ARCs between
                                                                  •   636 stressed/non-performing cases
                                                                                                                     2013-14 and 2017-18 by PSBs.
                                                                      with aggregate loans of over INR
•     The Industrial Reconstruction                                                                              – The report mentions that, in at
                                                                      9,000 crore were hived off to the
      Company of India was set up in                                                                                 least 48 cases, assets were sold
                                                                      SPV
      1971, with the purpose of                                                                                      to ARCs below the realizable
      rehabilitation of sick units                                •   However, it could only recover less            value of security
                                                                      than half at INR 4,000 crore at the    •   Low recovery: Recovery of security
•     It was re-modelled as IIBI or
                                                                      end of March 2013, according to a          receipts via ARCs sold by PSBs
      Industrial Investment Bank of India
                                                                      2014 audit report by the                   between 2013-14 and 2017-18 has
      in 1985 and was assigned the role of
                                                                      Comptroller and Auditor General of         been subdued
      buying bad loans from commercial
                                                                      India (CAG)
      banks to recover these debts
•     However, IIBI became sick
      eventually due to lack of strict                            Case study: ARC model in India
      recovery laws. The Government had
      to infuse approximately INR 263
      crores as grants to IIBI from 2004-                         •   In India, private asset
      2005 and from 2005-2006 for                                     reconstruction companies (ARCs)
      servicing its debts                                             have been buying NPAs from
                                                                      various banks (29 registered ARCs
•     There was also a proposal to merge
                                                                      operate in India currently), but the
      IIBI and other institutions such as
                                                                      model has not yielded desired
      IFCI and IDBI, but the proposals
                                                                      results.
      were rejected; IBBI eventually
      closed down in 2012                                         •   ARCs act merely as recovery agents
                                                                      because they lack the bandwidth to
Case study: IDBI Stressed Asset
                                                                      reconstruct any company under
Stabilization Fund
                                                                      stress which is sold as a going
• In 2004, IDBI (Industrial
                                                                      concern.
    Development Bank of India) was
    provided with a bailout package to                            •   The efficacy of the ARC model is
    shift its bad loans to a Stressed                                 under question:
    Asset Stabilization Fund (SASF)
                                                                      –   The Central Vigilance
•     The SASF was constituted by the                                     Commission (CVC) submitted a
      Government of India as a special                                    report to the government in

7
Bad Banks in India | Pros and Cons of establishing a Bad bank

Pros and Cons of establishing a Bad
bank
While India could deliberate on the case for establishing a Bad bank, it is critical to evaluate
the pros and cons for the same.
In-house management Vs ‘Bad Bank’ setup: Key considerations
When managing non-core assets, banks must decide between in-house management and a structured solution such as a ‘bad
bank’. Whilst complex to set up, a structured solution gives a strong message to the market, optimizes the transfer of risk,
facilitates straightforward portfolio sales and therefore makes rapid deleveraging simple, all whilst insulating the ‘good bank’,
enabling it to recover from the crisis, and thrive.

                                                                                                                           Facilitation of
                  Model                     Operations               Risk transfer                   Market                                       Ease of Portfolio
                                                                                                                        External Investments
                                                                                                   Confidence               in Bad Banks
                                                                                                                                                  Sales in Bad Bank

              Segregated Portfolios                                 Limited Risk Transfer                                      Challenging
                                                                         Upon Setup                                           (mixed value
                                                  Simplest                                        Least Transparent                              Least Straightforward
                    Management                                     (Subsequent portfolio                                 attribution, impacts
                     reporting only                                 sales will transfer risk)                                “good bank”)
Management
 In- house

              Virtual Non-Core

                    Creation of                                                                                                                   Straightforward
                     internal division
                    External
                     reporting

              SPV or classic ‘Bad
              Bank’                                                                                                     Most Straightforward
Separation

                                                                       Minimum Risk                                      (simple attribution,
                                               Most complex                                     Greatest Transparency                              Straightforward
  Legal

                                                                    Transfer Upon Setup                                  insulation of “good
                    Separate legal                                                                                            bank”)
                     entity

Key arguments in favor of establishing a                            -     Reduce the balance sheet and                           debts. International experience
Bad bank:                                                                 realise value from non-core                            shows that a professionally run
Bad banks are more complex and time                                       assets through tailored                                central agency with government
consuming to set up but have benefits                                     solutions                                              backing could overcome the
both in terms of the core franchise and                                                                                          coordination and political issues
                                                                    -     Release capital into or lower
in terms of the non-core assets which                                                                                            that have impeded progress over
                                                                          the capital requirements at the
are being worked out.                                                                                                            the past years.
                                                                          core business
                                                                                                                          •      Domain expertise:
•      Frees management bandwidth and                           •   Quicker resolution: Pooling of bad                           - A dedicated Bad bank may be
       specifically allows the management                           assets under a single entity can help                             better than a number of PSU
       to:                                                          in terms of resolutions (quicker                                  banks replicating similar
       - Focus on driving the                                       decisions) as and when growth                                     departments in their respective
           performance of the core                                  improves and demand for these                                     organizations
           business                                                 assets increase.
                                                                                                                                 -     Under a competent
       -     Right-size the infrastructure for                  •   Plugs in loopholes in ARC model:
                                                                                                                                       management and Board, the
             the organization                                       Private-run ARCs have not seen
                                                                    much success in resolving bad

8
Bad Banks in India | Pros and Cons of establishing a Bad bank

            value of these stressed assets                              of the assets under                          estate, IT and portfolio
            could be better preserved                                   consideration is estimated to                sales/M&A
                                                                        be low.
      -     Domain focus could potentially                                                                       -   The need to utilize
            help tap long-term pools of                             -   Transfer at computed fair value              restructuring techniques for
            foreign and domestic capital via                            with steep haircuts may cause a              non-core assets when the
            equity/debt issuance versus                                 severe blow to bottom line of                workout unit itself has an
                                                                        the transferring bank,                       intensive workload
•     Price Discovery: A Bad bank may be
                                                                        preventing a full transfer of risk
      better suited to fix the appropriate                                                                       -   The need for management to
                                                                        to the Bad bank as
      price. The transferring bank could                                                                             focus primarily on developing
                                                                        contemplated
      make additional provisions in case                                                                             the core franchise (good bank)
      the discovered cost is less than the                      •   Lack of buyer demand: The price at               whilst appropriately managing
      book value and the Bank wants to                              which toxic assets are to be                     the non-core assets
      retain the asset on its books.                                transferred may not be market-
                                                                                                             •   Ownership disputes: Various
                                                                    determined and price discovery may
Capital relief: Based on the existing                                                                            options could be explored for the
                                                                    not happen
prudential norms as defined by the RBI,                                                                          ownership of Bad banks - entirely
                                                                •   A key challenge includes the need
NPAs are still accounted for in the                                                                              government-backed funding,
                                                                    for rapid, reliable data collection
branch books, whereas the                                                                                        private funding, or a public-private
                                                                    and analysis:
corresponding advances are also                                                                                  partnership (PPP). While global Bad
                                                                    - Development of a detailed
adjusted for provisions and write-offs to                                                                        bank models with favorable
                                                                         recovery/deleveraging plan
arrive the Net Advances figure as                                                                                outcomes were largely Government
published in the audited books of                                   -   Design of a structure that               owned, many see advantage in
accounts.                                                               meets capital objectives                 having a Bad bank owned by the
                                                                                                                 banks collectively. This would
                                                                    -   Project based set up with cost
Key arguments against establishing a                                                                             ensure that when a bad loan is
                                                                        base carefully aligned with
Bad bank:                                                                                                        resolved, the profits would accrue
                                                                        asset recovery/deleveraging
• Potential steep haircuts:                                                                                      to the owners, i.e. the banks
                                                                        activity
    - A prominent issue with Bad                                                                                 themselves. This would make the
        banks is not the need for it, but                           -   Developing and managing                  loss they booked on selling the non-
        how to set it up, particularly                                  appropriate resources in areas           performing assets at a discount,
        when debt and equity capital is                                 such as restructuring and                more palatable.
        scarce and costly and fair value                                recovery, commercial real

9
Bad Banks in India | Bad bank – Alternatives

Bad bank – Alternatives
Many experts argue that the enactment of IBC regulations has reduced the need for having a
Bad bank, as a transparent and open process is available for all lenders to attempt insolvency
resolution.

A former RBI Dy. Governor had proposed two alternative models for a Bad bank in 2017:
Private Asset Management Company                              plans. Each resolution plan would                                      authorities. Sustainable debt would
(AMC)                                                         lay out sustainable debt and debt-                                     be upgraded to standard status for
• This plan would be suitable for                             for-equity conversions for banks                                       all involved banks. The promoters,
    sectors where the stress is such that                     and cash flow prospects to facilitate                                  however, would have no choice as
    assets are likely to have economic                        the issuance of new equity and                                         to what restructuring plan is
    value in the short run, with                              possibly some new debt to fund the                                     accepted.
    moderate levels of debt forgiveness                       investment needs. Each resolution
                                                                                                                             •       At expiry of the proposed timeline,
                                                              plan would then get vetted and the
•         In terms of timeline, the banking                                                                                          each exposure that is not resolved
                                                              asset rated by at least two credit
          sector could be asked to resolve and                                                                                       would be subject to a steep sector-
                                                              rating agencies. The rating would
          restructure, say its 50 largest                                                                                            based haircut for the bank
                                                              assess the financial and economic
          stressed exposures in these sectors                                                                                        consortium, possibly close to 100
                                                              health and management quality.
          within a limited time frame of say, 6                                                                                      per cent. The promoter would have
                                                              Feasible plans would be selected
          months. The rest could follow a                                                                                            to leave and these assets would be
                                                              such that they improve ratings a
          similar plan in six months                                                                                                 moved to the IBC.
                                                              minimum of two credit ratings
          thereafter.
                                                              above threshold default level.                                 •       Such asset management company
•         For each asset, turnaround                                                                                                 would be entirely private, similar to
                                                        •     Banks could then choose among the
          specialists and private investors,                                                                                         the “Phoenix” structure set up in
                                                              feasible plans. Haircuts taken by
          other than affiliates of banks                                                                                             Spain after 2012 to deal with bank
                                                              banks under a feasible plan would
          exposed to the asset, may be called                                                                                        NPAs in Machinery, Steel and
                                                              be required by government ruling as
          upon to propose several resolution                                                                                         Winery segments.
                                                              being acceptable by the vigilance

National Asset Management Company (NAMC)
• The second model is an NAMC for sectors where the problem is not just of excess capacity, but possibly also of economically
    unviable assets in the short- to medium-term, such as in the power sector.
•         The NAMC would raise debt for its financing needs, keep a minority equity stake for the government, and bring in asset
          managers such as ARCs and private equity to manage and turn around the assets.
Figure: NAMC structure examples

                Centralised, Multi-bank, Bad Bank Schemes                                                             Government Guarantee Schemes

                                                            Good                                                             Investments
                                                                                   Government Guarantees

              Third Party                                   Bank                                             Shareholders
                                                                                                                                      Good             Premiums
               Investors
                                                                                                                                      Bank                 Government
    SPV

                                                                                                                                             Bad           (guarantor)
                                                         NPLs                                                                                Bank
              Government
                                               SPV                 NPLs                                                                           Loss Protection
             (Equity/ Debt)       Cash                                                                               Distributions
                                                                 purchase                                                                       subject to Threshold
                              Distributions
                                                                                                           Note: Government can act as similar guarantor for an SPV
          Examples: Sareb (Spanish Bad Bank), NAMA (Irish Bad
          Bank), UBS (Switzerland), Securum / Retriva (Swedish Bad                                         Examples: Citi (US), Bank of America (US)
          Bank), RTC (US Bad Bank)

10
Bad Banks in India | Bad bank – Alternatives

Advantages of the National AMC                 Key considerations - Assets                Key considerations - Infrastructure
structure -
                                               •   There may be a large number of         •   Servicing could initially take place
NAMCs are more complex and time                    originating banks, which would             across a large number of originating
consuming to set up but provide many               make the set-up of a National Asset        banks. It would be necessary to
advantages if a sector-wide solution is            Management Company more                    amalgamate this and form a view on
required:                                          complex                                    best practices. It would also be
                                                                                              critical to set strong SLAs to ensure
•     Single institution delivering greater    •   Visibility over the current/end
                                                                                              that reporting, KPIs, rights,
      transparency for investors,                  portfolio may be difficult, and it
                                                                                              obligations and incentives are
      regulators and other stakeholders            would be necessary to devise a
                                                                                              clearly communicated
                                                   common reporting template
•     Facilitates a sector wide strategy
                                                                                          •   In the medium term, the servicing
      and oversight                            •   COVID-19 has affected SMEs across
                                                                                              could go out for tender in order to
                                                   the industry spectrum, making
•     Ability to enforce common                                                               simplify and maintain tighter
                                                   management more complex than a
      standards and approach                                                                  control
                                                   single asset class, but furthermore,
•     For regulators/ supervisors, a single        SME data is likely to be very poor     •   High volumes would require
      entity to focus on rather than many                                                     standard viability testing and
                                               •   Governments should look not only
                                                                                              structures based on sustainable
•     Single funding structure and                 to take bad loans from banks, but
                                                                                              debt levels and EBITDA. It may be
      approach                                     carve out entire debtors which have
                                                                                              necessary to define debt
                                                   borrowing from multiple banks, or
•     Allows common approach to                                                               sustainability at the industry level
                                                   the government, or have
      common borrowers regardless of
                                                   government guarantees                  •   Technology would play a key role;
      origination
                                                                                              The system could either allow
                                               •   Need to consider the structure and
•     Centralized pool of underlying real                                                     servicers to run with their own
                                                   funding of new money requests
      estate collateral provides                                                              technology (with common
                                                   (debt/equity/working capital)
      opportunity for central control and                                                     reporting) or design a common
      strategy for longer term benefit of                                                     servicing platform for all players to
      the real estate market                                                                  use
•     Control moves away from existing
      management

11
Bad Banks in India | Bad bank - Global experience

Bad bank - Global experience
In the past, multiple mechanisms and measures have been adopted by other jurisdictions to
tackle increasing non-performing loans. Of these, the following countries are relevant to
study from an Indian context.

Country                     Malaysia                Ireland           Thailand           Korea               Indonesia           China

AMC regime                  Public                  Public            Public & private Public & private Public                   Public
                                                    (mixed public &
                                                    private
                                                    ownership)

National AMC                Danaharta               NAMA              SAM BAM            KAMCO               IBRA                Cinda (listed)
name                                                                  (listed 2019)                                              Huarong (listed)
                                                                                                                                 China Orient,
                                                                                                                                 Great Wall,
                                                                                                                                 Galaxy,
                                                                                                                                 Provincial AMCs

No. of National             1                       1                 2                  1                   1                   4+1+N
AMCs

First established           1998                    2009              2001               1997                1998                1999

Current Status              Inactive                Live              Live               Live                Inactive            Live

Main asset type             Corporate               CRE               Mixed SME          Corporate,          Corporate           Corporate/SME
                                                                      & Retail           public and
                                                                                         households

Key law/                    Danaharta Act           NAMA Act          AMC Decree         KAMCO Act           Banking Law         Government
regulation                                                                                                   (law no. 10 of      banking reform
                                                                                                             1998)

Key characteristics Transfer of NPLs                Large strategic   Mix of public      Acquires and        Transfer of NPLs    Country level
                    from target                     real estate       and private        resolves            from target         effort to reduce
                    banks with a                    focused.          sector solutions   financial           banks with a        NPLs from all
                    finite life AMC.                NAMA acquired at national, bank      institution’s       finite life AMC.    banks. Since
                    Dealt with                      12,000 loans at and investor         NPLs and            In 2002, IBRA       there was an
                    nearly 3,000                    a cost of €31.8 level.               corporate           failed to           influx of bad
                    NPL accounts                    billion from five A key              restructurings.     accomplish its      assets with
                    and its lifetime                banks. NAMA       differentiator     KAMCO               mandate and         negligible
                    loan recovery                   adopted a         between TAMC       purchased           shifted its         demand,
                    rate of 58 per                  consensual        and other AMCs,    30,000 odd NPLs     strategy to rapid   realized sale
                    cent surpassed                  approach with is that the            with a face value   asset               value was low,
                    the typical 20‐50               the debtors       former does not    of US$ 92 billion   disposition.        resulting in
                    per cent range                  towards           have the power     (won 110 trillion   Over the period,    losses at the
                    for similar                     resolution        to sell loans to   - 20 per cent of    IBRA sold 60 per    AMC level
                    agencies in Asia.                                 third parties.     the GDP). The       cent of its NPL     (AMCs
                                                                      However, it can    discount            portfolio and
                                                                                         depended on

12
Bad Banks in India | Bad bank - Global experience

                                                          sell foreclosed    the type of loan,   the average        achieved an
                                                          real estate to     with the highest    recovery rate      overall recovery
                                                          third parties.     prices paid for     was 22 per cent,   rate of 33.6 per
                                                                             ordinary loans      with 44 bank       cent, with cash
                                                                             (67 per cent),      owners deemed      recovery at 22.4
                                                                             lowest price was    to violate the     per cent.
                                                                             paid for            regulations of
                                                                             unsecured           Bank Indonesia.
                                                                             ordinary loans
                                                                             (11 per cent)
                                                                             and the other
                                                                             loans ranged
                                                                             between 20-50
                                                                             per cent.

Key learnings from global experience                structure could lead to losses for
Based on global experience, key                     the AMCs.
learnings for a prospective Indian Bad
bank entity are as follows:

1.    A common key success factor is
      substantial upfront government
      funding, with less reliance on other
      banks, borrowings or AMC bonds
      for capital. If the AMC/s are funded
      mainly through debt, they run the
      risk of accrued interest on bonds
      and loans exceeding the cash
      recovery from the resolution of
      NPAs.
2.    The Bad bank entity/ AMC could
      broaden its shareholder base by
      inviting participation from domestic
      and foreign institutional investors.
3.    The Bad bank could be established
      with a finite lifespan to ensure
      better resolution and to reduce
      logjams
4.    The bad bank could include
      professionals outside government
      staff, with secondment from the
      private sector, including reputable
      banks, investment banks and
      international and sectoral experts
5.    The NPAs should be transferred to
      AMCs at fair value considering a
      probable haircut and not at book
      value. If NPAs are transferred at
      book value, all losses would need to
      be taken at the AMC level. In a
      scenario of negligible demand and
      low realized sale value, this

13
Bad Banks in India | Conclusion

Conclusion
While there's no official communication     Banks' Association. The government's       prudential write-off & IBC haircut
from the RBI about the creation of a        view is that bad loan resolution should    provisions made during the last four
'bad bank' or a one-time loan               happen in a market-led way.”               years have further accentuated the
restructuring proposal so far, a loan                                                  problem. In most cases, it is the PSU
                                            NPAs in India have reached an alarming
recast scheme for certain categories of                                                Banks that are the worst hit because of
                                            level, given short term and long term
borrowers has been announced.                                                          such provisions. Smaller banks have also
                                            issues, combined with the stringent
                                                                                       suffered given their presence as smaller
As per a Government official, "We have      provisioning policies and guidelines of
                                                                                       consortium participants as well as lower
studied the banks' proposal (bad loan).     the Regulators and the ruling
                                                                                       diversification in loans.
The fact is there are already market-led    Governments. Lack of appropriate credit
options available for asset                 risk processes, lack of transparency in    To pivot towards sustainable lending
reconstruction and it looks better that     the operations and lack of democratic      going forward, the Government would
way,"                                       atmosphere in the banking industry and     need to act fast on resolving the NPA
                                            certain indiscriminate lending has added   issue, bring in accountability with
“The government is not keen to infuse
                                            to the pile of NPAs. Major write-off       lenders and reforms to guard against a
equity capital into a bad bank, which has
                                            provisions including unhealthy             repeat of the bad loan cycle.
been recently proposed by the Indian

14
Bad Banks in India | Conclusion

     APPENDIX

15
Bad Banks in India | Conclusion

BAD BANK – GLOBAL EXPERIENCE
In 1980s, the US based Mellon bank proposed the idea of ‘Bad Bank’ as a strategy to manage bad loans. The Grant Street National
Bank (1988), held USD 1.4 billion of bad loans, that was later dissolved in 1995. Globally, ECB is working on a draft to manage bad
debt piling due to Covid stress.

A. Malaysia – Danaharta-Danamodal                 central bank (BNM) realized the                  Debt Restructuring
    In 1998, Asian crisis severely                need for large scale resolution and              Committee (CDRC).
    impacted the Malaysian Banking                jointly announced various
                                                                                               -   BNM provided incentives such
    system, the NPL ratio spiked from             measures:
                                                                                                   as recapitalization to banks
    3.6 per cent at June 1997 to 13.2
                                                  -    Setting up of an AMC                        who achieved sell off NPLs to
    per cent by the end of 1998.
                                                       (Danaharta) for acquiring                   Danaharta.
       Although, short-term measures                   NPLs and restructuring them             -   Consolidation through
       such as pegging exchange rate                   to maximize recovery, a                     mergers
       system to USD, capital controls and             banking recapitalization
       a fiscal stimulus package provided              agency once NPLs are sold
       some relief, the government and                 (Danamodal) and a Corporate

Figure: Revival strategy implemented

Malaysia bad bank experience -               -   Danaharta dealt with nearly 3,000       -    The CDRC resolved 47 cases with
outcome                                          NPL accounts and its lifetime loan           total debt amounting to RM 43.9
                                                 recovery rate of 58 per cent                 billion, with 83 per cent of recovery
With the above cohesive efforts, the             surpassed the typical 20‐50 per cent         proceeds in cash, redeemable
government and BNM were able to                  range for similar agencies in Asia.          instruments and re-scheduled
curtain NPLs (down from 13.2 per cent                                                         debts.
in CY1998 to 7.6 per cent in CY04) and       -   Danamodal infused over RM 7
achieve consolidation by bringing down           billion in CY99 and CY2000. As of       With the banking system coming back
the number of commercial banks to 10             November 2003, all banks, except        on track, stock prices of large Malaysian
from 50.                                         RHB Bank Berhad, repaid their loans     banks shot up during that period.
                                                 and it was closed by end‐2003.

16
Bad Banks in India | Conclusion

B.     Ireland - NAMA                                purposes, obtain the best          of €42.6 billion (or 57 per cent of
       Background: In late 2008, post the            achievable financial return for    the amount owned by borrowers).
       collapse of construction and                  the state                          In the end, NAMA acquired 90 per
       property markets and crash in                                                    cent of the identified eligible loans
                                                 NAMA established special-purpose
       bank share prices, the Irish                                                     and the value was removed from
                                                 vehicle (SPV), to avoid
       government announced a blanket                                                   the books of banks. It issued
                                                 consolidation of the Irish public
       guarantee of all Irish bank                                                      government-guaranteed bonds of
                                                 accounts. The National
       liabilities amounting to €440                                                    €30.2 billion to banks and
                                                 Management Agency Investment
       billion, or twice the annual gross                                               remaining €1.6 billion was paid by
                                                 Limited (The Master SPV
       domestic product (GDP). The                                                      the issue of subordinate debt on
                                                 purchases, manages and sells the
       guarantee was based on the belief                                                NAMA’s financial performance.
                                                 distressed assets and issues debt
       that banks needed temporary
                                                 securities to purchase assets) is      Performance: NAMA’s
       liquidity but were intrinsically
                                                 owned at 51 per cent by three          performance is measured by cash
       solvent. Due to the steady
                                                 private companies and 49 per cent      generation from its portfolio,
       downfall of bank share prices and
                                                 by NAMA. Under the shareholders’       ability to repay its debt and invest
       property prices, the government
                                                 agreement between NAMA and             in its asset and manage debtors
       injected capital into three largest
                                                 private investors, the former          (82 per cent of the portfolio, rest
       Irish banks; Anglo Irish, Allied Irish
                                                 exercises a veto over decisions        are managed by the banks). All the
       Banks and Bank of Ireland
                                                 taken by the company.                  debtors had to agree to business
       (government injected €3.5 billion
       in the latter two banks in return                                                plans; to generate both recurring
                                                 Establishment and early years: By
       for preference shares).                                                          and sales income.
                                                 the end of 2010, most of the loans
                                                 acquired from the participating        NAMA adopted a consensual
       In March 2009, a report on options
                                                 banks had been transferred to          approach with the debtors, which
       for resolving troubled property
                                                 NAMA. Instead of using Asset           meant; 1) the debtors had to agree
       loans proposed the creation of
                                                 Quality Review (AQR) to access         to schedules of the asset and loan
       National Asset Management
                                                 transfer price, NAMA used              sales 2) reverse certain asset
       Agency (NAMA). Few reasons why
                                                 discounted cash flow of the            transfers 3) grant NAMA charges
       NAMA was preferred: 1) The
                                                 collateral values and appointed        over unencumbered assets and 4)
       property had not yet reached rock
                                                 real estate appraisers to value c.     putting rental income from
       bottom 2) The government had to
                                                 10,700 properties. In parallel, the    investment assets controlled by
       exit from blanket guarantee as the
                                                 Central Bank of Ireland                debtors within NAMA’s control. If
       Irish sovereign debt was
                                                 implemented two rounds of              the debtors failed to comply,
       unfavorably priced and there was
                                                 forward-looking capital                enforcement actions were taken.
       no plan on Irish banks’ capital
                                                 requirements assessments in 2010
       adequacy problems. 3) Re-
                                                 and 2011. Together, it resulted in     A key aspect of NAMA’s work has
       establish credibility in the Irish
                                                 cumulative capital requirements of     been to provide funding on a
       banking system.
                                                 €79 billion (46 per cent of 2011       commercial basis (to complete
       Mandate and legal powers: NAMA            GDP).                                  existing projects and commence
       was created by an Act of                                                         new projects). A total of €1.6
                                                 NAMA adopted a long-term               billion was approved for residential
       Parliament in November 2009 with
                                                 economic valuation methodology;        and commercial developments,
       the following objectives:
                                                 an uplift factor to reflect            with a raise up to €3 billion for
       •      To acquire impaired assets         anticipated proceeds from the          residential development and
              from the credit institutions       property sales when market             delivery of the Dublin Docklands
              participating in the NAMA          conditions normalized. The             Strategic Development Zone; a
              scheme                             average uplift factor was 8.5 per      fast-track planning area earmarked
                                                 cent against the projected disposal    to provide commercial
       •      Deal expeditiously with the        receipts by 5.25 per cent.             accommodations for the growing
              assets
                                                                                        foreign direct investments in
                                                 NAMA acquired 12,000 loans at a
       •      Protect, or otherwise enhance                                             Ireland.
                                                 cost of €31.8 billion from five
              their value, in the interests of
                                                 banks. The face value of the loans     Challenges: After six years, NAMA
              the state
                                                 and associated financial derivates     faces challenges with respect to
       •      Insofar as possible and            acquired was €74.4 billion which       staffing: Initially NAMA
              consistent with those              led to crystallizing losses in banks

17
Bad Banks in India | Conclusion

       remunerated staff at par to private
       sector and implemented bonuses
       but since it falls under the public
       sector it had to eliminate the latter
       and cut wages, which resulted in
       losing critical staff members.
       Although in recent years, NAMA
       introduced a retention scheme
       with redundancy payment if staff
       remained until the institution was
       wound up. The other challenge
       was cleaning up of the banking
       system: NAMA could not clean up
       the bad assets of the banking as it
       extended beyond land and
       development loans. The non-
       performing loans (NPLs) in Irish
       banking system at the end of 2014
       accounted to 23 per cent of the
       total loans. Establishment of a
       standalone AMC to deal with land
       development loans and
       complimentary policies to deal
       with small NPLs such as a new
       personal insolvency framework
       and accelerated write-off policies
       are necessary as banks could not
       classify the loans.

18
Bad Banks in India | Conclusion

C.     Thailand - TAMC                         and/or reorganize the debtor’s         representative of the Federation of
       Background: Prior to 1997, the          business operations, an effort to      Thai Industries, another from Thai
       Thai economy grew at an annual          return the firm to profitability and   Chamber of Commerce and third
       rate of c.10 per cent that later        enable it to repay its debts.          from Thai Bankers Association. The
       resulted in large current account       Majority of the sub-quality assets     directors, with a term of six years
       deficit, appreciation of the            transferred to TAMC were from          has a board policy of setting
       exchange rate, increase in short-       state-owned banks and obligations      powers; operational rules,
       term foreign debt and a weaker          of larger borrowers involved in        regulations and procedures and
       financial sector leading to a           multi-creditor transactions.           are responsible to supervise the
       financial crisis that depreciated the                                          general affairs of TAMC.
       baht and downfall of economic           A key differentiator between
       activity, investment, consumption,      TAMC and other AMCs, is that the       The internal audit committee
       and export demand.                      former does not have the power to      appointed by the board is
                                               sell loans to third parties.           outsourced to Pricewaterhouse
       Total assets in the financial sector    However, it can sell foreclosed real   Corporation (PwC) and the
       amounted to THB 8.9 trillion ($212      estate to third parties. TAMC          external auditor is performed by
       billion or 190 per cent of the GDP),    allows a period of twelve years        the Office of Auditor General. It
       of which the commercial banks           from the date of the law (June 7,      also appoints an executive
       accounted for 64 per cent of the        2013), although there are several      committee who has the powers,
       total. As the economy grew,             intermediary dates that may result     duties and responsibilities to
       demand for real estate increased        in TAMC to cease its operations        manage the sub-quality assets
       whereby banks lent funds despite        earlier than the latest allowed        acquired from the financial
       the supply outpacing the demand.        date.                                  institution.
       With the financial crisis, borrowers
       with loans defaulted that caused        Initial capital of TAMC was one        TAMC organizational structure
       the level of NPLs in commercial         billion baht all owned by the          includes four asset management
       banks to raise to 48 per cent by        Financial Institution Development      departments and one business
       1999 from 12 per cent in 1997.          Fund (FIDF), a separate legal entity   restructuring department. The
                                               within the Bank of Thailand (BoT-      former is responsible for assessing
       Several strategies were adopted by      established in 1980s); to provide      the viability of borrowers and
       the Thai authorities to reduce the      liquidity and solvency support to      businesses; to plan, implement and
       level of NPLs in the banking            financial institutions. BoT issued     monitor debt restructuring
       system, one of which was the            short-term notes to fund the initial   schemes. While the business
       establishment of Corporate Debt         capital of TAMC. To increase           restructuring department manages
       Restructuring Agency that               capitalization TAMC issued shares      the restructuring plans to support
       facilitated the restructuring of the    to the public or any other person      the AMC and business
       loans by the banks and their            approved by the Council of             restructuring process.
       borrowers. Later, a law was passed      Ministers, the remaining unsold
       to encourage banks to establish         shares was purchased by FIDF.          Rules for assets:
       their own asset management
       companies (AMCs) as subsidiaries.       In short, TAMC was established not     •   Asset acquisition: TAMC
       However, the authorities followed       as a liquidation authority, but as a       divides the financial
       the practice of other Asian             re-establishment and restructuring         institutions into two: 1) more
       countries and established a             agency with a focus on revival and         than 50 per cent owned by the
       government-owned and operated           continuation of businesses to              government or FIDF include
       AMC.                                    enable them to repay their debts           single and multiple-creditor
                                               and strengthen the larger                  loans that are expected to
       Establishment of TAMC: The Thai         economy.                                   account to 80 per cent of the
       Asset Management Company                                                           total asset transfers and 2)
       (TAMC) was established by an            Organization structure and                 privately owned institutions
       Emergence Decree (Law) on June          oversight: TAMC board of directors         are permitted to transfer
       8, 2001 as a state agency. The goal     appointed by the Minister of               multi-creditor NPLs.
       was to consolidate the                  Finance and approved by Council        •   Asset Transfer: All sub-quality
       management of sub-quality assets        of Ministers comprises of a                assets owned by the
       of the financial institutions and       Chairman and 11 other members,             government or FIDF owned
       AMCs; to restructure the debts          of which at least one must be a            institutions as of December

19
Bad Banks in India | Conclusion

              31, 2000, including assets               cent gain should not exceed
              where the financial institution          the difference between the
              and borrower are involved in a           book value and the transfer
              lawsuit to settle the debt and           price of the asset) and above
              assets, but have not received a          this will belong to TAMC. In
              verdict from court, must                 case of loss suffered, when the
              transfer to the TAMC. On the             amount recovered from the
              other hand private financial             asset is less than the transfer
              institution may transfer sub-            price, i.e., less than 20 per
              quality assets to the TAMC on            cent of the transfer price will
              certain conditions, to name a            be borne by the transferring
              few, 1) the asset must be a              financial institution, equal to
              NPL as of December 31, 2000              20 per cent of the transfer
              and be secured with two or               price will be shared equally
              more creditors and the                   and further losses will be the
              debtors must be a juristic               sole responsibility of TAMC.
              person 2) aggregate book             •   Amount and types of
              value of the borrower’s debts            transferred assets: Assets are
              to all creditors must be at              not transferred to TAMC on an
              least THB 5 million and 3) the           ongoing basis. Through June
              financial institution and the            30, 2002, 4,631 cases with the
              debtor cannot enter into a               total book value of THB 18
              restructuring agreement                  billion in five tranches was
              within 30 days of the coming             transferred to TAMC at an
              into effect 4) prior to the              average transfer price to book
              effect of the law, the                   value of 33 per cent
              Bankruptcy Court cannot have
              approved a rehabilitation plan       Resolution of transferred assets
              that includes the NPL in             and debtor cases: TAMC can
              question.                            resolve and collect transferred
       •      Transfer price of assets: The        assets and is limited by the law to
              transfer price acquired form         certain strategies. As of August
              the government or FIDF               2002, the number of resolved
              owned financial institutions is      cases reached 800 with a total
              the market value of underlying       book value of THB 293 billion of
              collateral where from private        which, 61 per cent were approved
              financial institution is lesser of   for debt/ business restructuring or
              the market value of the              rehabilitation in the Bankruptcy
              underlying collateral or the         court while the rest were resolved
              book value of the transferred        by foreclosure of collaterals, final
              assets minus statutory               receivership of assets, or verdict by
              reserves required by BoT.            the Civil Court.
       •      Gain-loss sharing agreement
              applied to transferred assets:
              TAMC and the transferring
              institution share in the gain
              and losses generated by the
              assets under management,
              but not on equal basis. If a
              gain is recorded, any amount
              up to 20 per cent of the
              transfer price of the asset will
              be shared equally and the
              additional gain will to go
              transferring institution (on
              aggregation the first 20 per

20
Bad Banks in India | Conclusion

D.     Korea - KAMCO                          between KDB and other financial        of interest. Since the bonds were
       Background: Until 1999, Korea          institutions.                          guaranteed by the government,
       experienced a twin currency and                                               they carried zero percent risk
       banking crisis. Large current          KAMCO was focused on the               weight for regulatory capital
       account shortfalls, highly leveraged   acquisition, management and            purposes, a strong incentive for
       corporate sector, strong reliance      disposition of NPLs. In addition, it   banks to sell NPLs and improve
       on short-term external financial       supported the financial institutions   their capital base with a minimum
       and currency mismatch for both         through purchase of NPLs; perform      8 per cent capital adequacy ratio.
       debtors and creditors contributed      as a “bad-bank” that engages in
       to the crisis. Korea’s financial       corporate restructuring by             Asset acquisition: KAMCO was
       system, in terms of total assets       extending loans, debt-equity           authorized to purchase NPLs from
       represents more than twice of its      swaps, payment guarantees and          various financial institutions;
       annual 2001 GDP of which 60 per        recover public funds through the       commercial banks (bulk purchases
       cent accounts to the lending           efficient management and disposal      – 56 per cent of face value),
       amount from the commercial             of assets.                             merchant banks, investment
       banks. The estimated peak level of                                            trusts, insurance companies and
       non-performing assets (NPAs) is        The Act required NPL resolution        securities firms. NPLs that had
       said to have exceeded KRW 100          activities to be conducted through     multiple creditors and whose
       trillion (18 per cent of GDP) and      Non-Performing Asset                   removal was considered critical to
       official and market estimates of       Management Fund (The NPA Fund)         restructuring of the organizing
       NPLs as a ratio of loans               with a separate legal entity and       institution were purchased on
       outstanding for the commercial         different funding sources.             priority.
       banks reached 8 per cent and 15
                                              Organization structure: KAMCO is       KAMCO purchased 30,000 odd
       per cent respectively.
                                              governed by 11-member                  NPLs with a face value of USD 92
       To stabilize to economy and            Management Supervisory                 billion (won 110 trillion – 20 per
       financial system, large-scale          Membership which consists of the       cent of the GDP). The discount
       International Monetary Fund (IMF)      managing director of KAMCO,            depended on the type of loan, with
       support package of USD 60 billion      representatives from the Ministry      the highest prices paid for ordinary
       and government financial               of Finance and Economy (MOFE),         loans (67 per cent), lowest price
       resources was injected into the        Ministry of Planning and               was paid for unsecured ordinary
       economy. The government relied         Budgeting, the FSC, the Korea          loans (11 per cent) and the other
       on Korean Asset Management             Deposit Insurance Corporation, the     loans ranged between 20-50 per
       Company (KAMCO).                       deputy governor of KDB, two            cent.
                                              representatives from banking
       Establishment of KAMCO: KAMCO          industry and three professional        In 1997, to stabilize the financial
       was established in 1962, as a          recommended by the managing            sector KAMCO purchased in bulk
       subsidiary of the state-owned          director. Public Fund Oversight        to speed up the transfer process
       Korean Development Bank (KDB)          Committee led by the MOFE              where the final settlement price
       for the purpose of liquidating         monitors the NPA fund.                 was close to the loan loss
       KDB’s performing assets. In 1966,                                             provisioning rates then in effect
       it purchased NPLs from other           Funding: The NPA Fund’s principal      and was subject to negotiation of
       financial institutions and over the    source of financing NPL purchased      ex-post individual settlement
       years it developed into a              was issued by government-              agreements. Post 1998, a central
       specialized real estate                guaranteed bonds. KAMCO raised         feature of these arrangements was
       management company. Fast               a total of USD 18 billion (won 21.5    a recourse arrangements or
       forward to 1997, KAMCO was             trillion) through the issuance of      put/call option that allowed either
       reorganized pursuant to the “Act       bonds, from assessments on             KAMCO to return (put option) or
       on Efficient Management of Korea       financial institutions in proportion   the seller to request (call option)
       Asset Management Corporation”          to their holdings of NPLs and a        the return of the loans if the initial
       (KAMCO Act) as a public nonbank        loan from KDB. It recycled USD 15      bulk purchase price and the
       financial corporation, under the       billion of recovered funds to          eventual resolution price differed.
       supervision of the Financial           support its purchases. Maturity of     Although, as the market matured
       Supervisory Committee (FSC). The       the bonds was within one-five          and stabilized and with more
       government owns 42.8 per cent of       year, carried fixed and floating       information available on price
       KAMCO and the remaining is split       coupons and yielded a market rate      transactions, KAMCO abandoned

21
Bad Banks in India | Conclusion

       the put/ call option and the sellers         efficient court ordered
       were free to decide whether to               program.
       accept the price or not.
                                                As of December 2002, KAMCO
       Asset disposition: KAMCO’s overall       resolved USD 54 billion of its USD
       resolution strategy combined             92 billion in assets, at an average
       disposition and medium-term debt         recovery rate of 46.8 per cent of
       workout and restructuring.               face value.
       KAMCO’s disposition strategy can
       be divided into four broad
       categories depending on the
       nature and size of the NPL:

       •      Bulk loan resolution: Bulk
              sales were attractive as they
              resolved large number of
              loans that resulted in
              substantial cash flows and
              attracted foreign investments
              through an international
              bidding process. KAMCO used
              asset-bidding securitization
              (ABS), involved the transfer of
              NPLs to SPV which then issued
              securities, payable from the
              collection of all the NPLs in
              public market. KAMCO issued
              a total of 14 ABS transactions
              for 18 per cent of the face
              value of loan resolutions while
              recovering 12 per cent of the
              face value of the underlying
              securities and 99 per cent of
              their purchase price.
       •      Establishment of joint
              venture(s): KAMCO sold large
              portfolios to joint ventures
              and equity partnerships. A
              joint venture in which KAMCO
              holds 50 per cent ownership
              interest were established to
              manage and dispose real
              estate or to enhance recovery
              values through corporate
              restructuring.
       •      Foreclosure, public auctions
              and individual loan sales:
              KAMCO sold assets through
              courts, by public auctions and
              to directly to corporates.
       •      Loan workout or
              restructuring: Restructuring
              was either conducted through
              an informal out-of-court
              framework or under the less

22
Bad Banks in India | Conclusion

E.     Indonesia – IBRA                        The Banking Law Amendments and        to the majority owner. In total
       Background: Indonesia                   Implementing Regulations              IBRA recovered Rp 19 trillion from
       experienced the worst economic          remained silent regarding             sale proceeds and dividends from
       crisis due to the Asian financial       governance and transparency.          its equity holdings.
       crisis in mid-1997. The crash of        Changes were introduced by the
       rupiah exchange rate and rise in        World Bank and IMF but were           The asset management unit
       interest rates caused defaulters        ineffective. Over time IBRA           managed NPLs with a book value
       from the corporate sector which         improved; operating results were      of Rp 346.7 trillion (27 per cent of
       resulted in numerous banks to           reported to the legislative,          2000 GDP). IBRA’s NPL portfolio
       experience liquidity shortage and       financial results were audited in     accounted to 90 per cent of NPLs
       insolvency. In 1998, GDP                accordance with generally             in the system and were segmented
       contracted by 14 per cent, inflation    accepted accounting principles and    by loan type with different
       increased to 45 per cent and            published, budget was revised and     resolution strategies applied to
       interest rates soar to 70 per cent.     approved on a gross base and          each category.
       The authorities were forced to take     IBRA’s goals on recovery were
       extraordinary measures to provide       publicly disclosed and tracked.       In 2002, IBRA failed to accomplish
       liquidity, capital and restructure                                            its mandate and shifted its strategy
       the banks under the newly created       Funding: IBRA was funded by the       to rapid asset disposition. The loan
       Indonesian Bank Restructuring           Indonesian budget. The bonds          sales were conducted through a
       Authority (IBRA).                       were not issued instead               transparent, market-based process
                                               government directly issued bonds      with the floor price determined by
       Establishment of IBRA: IBRA was         to recapitalize the banking sector.   an in-house assessment of each
       created on January 26, 1998 for a       Annual recovery targets for IBRA      loan’s market value. Over the
       period of five years as a bank          were established whereby the          period, IBRA sold 60 per cent of its
       restructuring agency to administer      proceeds were remitted directly to    NPL portfolio and the average
       the deposit guaranty and to             the government to reduce the          recovery rate was 22 per cent,
       restructure banks. It was               budget deficit.                       reflecting poor quality of loans and
       established under the minister of                                             the time spent before the sale.
       finance; the chairman was               Organizational issues: IBRA’s
       appointed by the president and          organizational structure was          The shareholder settlements unit
       other members were appointed by         divided into three business lines:    pursued former bank owners who
       the central bank. In addition, it was   banking restructuring, asset          has misused liquidity support. A
       agreed that upon dissolution the        management and shareholder            total of 44 bank owners deemed to
       remaining assets belonged to the        settlements. Each department          violate the regulations of Bank
       state.                                  focused solely on its business        Indonesia. The funds could be
                                               excluding the other divisions,        recovered if the former owner
       IBRA’s role was expanded to             which led to each area maintaining    transferred assets of enough value
       include; (i) managing the NPLs          its own internal database and         to IBRA. The other option was to
       from banks that have been closed,       operating systems resulting in        appoint a representative on the
       nationalized or jointly recapitalized   inconsistency in data. The other      board of the corporation, leaving
       by government and their                 issue was IBRA recorded the loan      the existing members with full
       shareholders and (ii) negotiate and     assets at gross book value rather     access to and control over the
       manage settlement agreements            than market value resulting in        assets. By 2004, when IBRA
       with the controlling shareholders       overestimation of realizable value.   dissolved, it only had recovered
       of the closed banks. The initial        The public confidence dipped          22.4 per cent of the Rp 130.3
       mandate lacked guidelines               losses were observed in early sales   trillion owned by former owners.
       governing the division of               rather than recoveries.
       supervisory responsibilities                                                  Performance and winding up:
       between Bank Indonesia and IBRA         Asset disposition and Bank sales:     IBRA was discounted as of
       which led to confusion within the       IBRA closed 54 banks, nationalized    February 2004. Although it
       public, banks and organizations. In     21 banks and held 6 jointly           performed well as a bank
       the end, Bank Indonesia                 recapitalized banks. Banks were       resolution agency, it was
       reassumed responsibility for            mainly returned to private            comparatively less successful with
       supervision and IBRA was the            ownership through transparent         respect to maximizing recovering
       agent.                                  auction process with majority         through loan restructuring and
                                               stakes sold to the market or blocks   shareholders settlements. Over

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