Non–Performing Assets: A Serious Challenge to the Economy:

Non Performing Assets pose a serious problem for the health of the financial sector in our Country. At the outset let us understand the definition of NPA. In simple terms NPAs refers to loans given by Banks and Financial Institutions that remain unpaid either on account of the outstanding principal and/or interest thereon. 

According to the Reserve Bank of India (RBI) “an asset, including a leased asset, becomes non performing when it ceases to generate income for the Bank”. Thus, a ‘non performing-asset’ (NPA) was defined as a credit facility in respect of which the interest and/or instalment of principal has remained past due for a specified period of time.

The technical classification of an NPA was revised from time to time and from the year 31st March, 2004 onwards, the 90 days due norm was laid down whereby an NPA would be a loan / advance where:

1. interest and/ or installment of principal remain overdue for a period of more than 90 days in respect of a term loan,
2. the account remains ‘out of order’ for a period of more than 90 days, in respect of an Overdraft/Cash Credit (OD/CC),
3. the bill remains overdue for a period of more than 90 days in the case of bills purchased and discounted,
4. interest and/or installment of principal remains overdue for two harvest seasons but for a period not exceeding two half years in the case of an advance granted for agricultural purposes, and
5. any amount to be received remains overdue for a period of more than 90 days in respect of other accounts.

Let us now look at some of the causes for Non Performing Assets. Major reasons progressively increase levels of NPA are:

1. Ineffective Recovery Methods: The legal process of the law in our country is known to be long and winding.  Even measures such as creation of Debt Recovery Tribunals for the expeditious recovery of loans have proved to be quite ineffective.

2. Willful Defaults: Willful Defaulters, clearly the single biggest headache of the Banking System, are those having the means to repay but who manage to evade the recovery mechanism through various clever means. 

3. Defective Lending Process: Safety, Liquidity and Profitability are the cardinal principles of lending. Often times Bankers disregard these basic tenets of Banking and lend to borrowers of sub standard quality and doubtful intent or capacity to repay. An adequate credit appraisal system must be followed to ensure loans are only given to those willing and capable to repay.

 4. Economic Reasons: The general economic downturn in the world economy has also had an impact particularly on industries which are export driven with demand growth particularly in the developed world falling in recent times.

 5. Lack of technological Upgradation and Competition from Imports: Indian Manufacturing Industries have particularly faced competition from large scale imports particularly from China. Since Chinese products produced at a very large scale have been able to edge out Indian made products in many market segments leading to closure of businesses and consequent NPAs.

Over the past quarter of a century successive union governments have grappled with this problem through a variety of legislative and executive measures. These include:

1. Debt Recovery Tribunals (DRT Act 1993): The earliest measure taken to address this challenge was the constitution of Debt Recovery Tribunals under the Recovery of Doubtful Debts to Banks and Financial Institutions Act 1993 (DRT Act). The DRTs were supposed to resolve application of the Bank for recovery of loan amounts within a period of six months.  
2. Credit Information Bureau (2001): The establishment of the Creation of Credit Information Bureau of India Ltd. (CIBIL) as a common platform for sharing credit information of borrowers to prevent erring defaulters from tapping alternative sources of funds after loan defaults.
3. Compromise Settlements (OTS): Under the guidelines of RBI issued from time to time, Banks were given the authority to negotiate one time settlement under an OTS scheme where Banks took a hair cut both on the interest and partly upon the principal which was repaid in lumpsum.
4. SARFAESI Act (2002): The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was passed in order to permit Banks and financial institutions to recover NPAs without the intervention of the Courts. Using the provisions of this Act, Banks were empowered to take over secured assets and either sells such assets through auction sale or control the management of such assets until the same are sold as a going concern.
5. Asset Reconstructions Companies (ARCs): ARCs are specially created entities registered under the provisions of the SARFEASI Act with the RBI, for unlocking value to Banks and Financial institutions who wanted to take stressed assets off their balance sheets. ARCs take over the stressed Assets through Special Purpose Vehicles (SPVs) and help the Banks make recovery on doubtful or loss assets which are transferred at deep discounts.
6. Corporate Debt Restructuring (2005): Corporate Debt Restructuring (CDR) Mechanism is a voluntary non-statutory system based on Debtor-Creditor Agreement (DCA) and Inter-Creditor Agreement (ICA) and the principle of approvals by super-majority of 75% creditors (by value) which makes it binding on the remaining 25% to fall in line with the majority decision.
7. Strategic Debt Restructuring (2015): Under this scheme Banks having outstanding loans repayable by Corporate Borrowers are given the right to convert (wholly or partly) such loans into equity shares in borrowing company. This minimizes the cash outflow in the stressed asset while giving the Bank a right to participate in the management and exit after the business stabilizes and recovers.
8. Insolvency and Bankruptcy Code (2016): Seeking to consolidate the existing framework by creating a single law for insolvency and Bankruptcy, the I&BC Code outlines separate insolvency resolution processes for individuals, companies and partnership firms. The process may be initiated by either the debtor or the creditors. A maximum time limit, for completion of the insolvency resolution process, has been set for Corporates and individuals. For companies, the process will have to be completed in 180 days, which may be extended by 90 days, if a majority of the creditors agree.
9. Amendment to Sec. 35A of Banking Regulation Act, 1935 (2017): Most recently, the promulgation of the Banking Regulation (Amendment) Ordinance, 2017 has witnessed the insertion of two new Sections (viz. 35AA and 35AB) after Section 35A of the Banking Regulation Act, 1949 which enable the Union Government to authorize the Reserve Bank of India (RBI) to direct banking companies to resolve specific stressed assets by initiating insolvency resolution process, where required. The RBI has also been empowered to issue other directions for resolution, and appoint or approve for appointment, authorities or committees to advise banking companies for stressed asset resolution.

As experience shows, the above stated measures have only been met with varying degrees of success. Clearly, a careful and caliberated approach, with the active involvement of all stake holders is required to deal with this challenging problem. We do seem to have a government that is serious about this issue. Interesting times lie ahead.

The above article has been written by Mr. Amit Kakri on invitation. As requested by some readers, we will now have articles written by experts on subjects like MANAGEMENT, ECONOMY, FINANCE, CDOMPLIANCE, HUMAN RESOURCES, BUSINESS HUMOR etc. Further suggestions are invited.

Thanks for reading.

Why Apathy to these Two Critical Skills?

Education is necessary, but skills are essential. Unfortunately, our education system per se is such that it hardly helps an individual develop skills. Much less the skills, I think, are most important for living life happily and successfully.  I am talking about two skills in particular –

        i.     Skill of managing self.

      ii.      Skill of managing relationships.

A child is born with some tendencies which may have a lot to do with his/her parentage. What is his father’s attitude to life, what is that of his mother, and more importantly how is their relationship with each other. While these factors continue to have their influence on the growth of the child, various other influences start playing an important role during the growing years. The teacher, the class mates, friends, relatives, and neighbors – all influence the child. It is hard to say how much these help in developing either of the two skills which I have mentioned above – skill with self, and skill with other people.

So what should be done?  What are the best steps that can be taken by all concerned for developing both these skills – skill with self & skill with people?

The education system, as it is today, can hardly help. Teachers are bound by the curriculum and the parents may not be able to find the time from their busy schedule in the modern competitive life.  But the ever growing media today can play a very important role provided parents are able to guide and regulate the exposure and use of the media by the child.

The significance of Internet must not be undermined. All the knowledge required is available on the net. But one may say that a skill cannot be delivered by the information/knowledge on the net. Yes it is true to a large extent. Yet, you tube presentations and other interactive programs make it possible to learn a lot from the net. In times to come, I am sure; the growth of the social media with websites focusing on special subjects will bring about a revolution in the concept of education and training. The need is that the parents, teachers and mentors motivate learners to be focused and stick to what they need to do. They should not be distracted.

Developing skill with yourself, to me, means your ability to listen and talk to your own self. It also means to understand your heart, identify what you really like. Thereafter, one needs to concentrate one’s energies towards these. You must leverage your talent and your fondness.   

Developing skill with people, simple means to understand basic human psychology. Your interaction with them should never ignore the following fundamental principles;

1)      That each person is interested in himself/herself more than you.

2)      That I, me, mine put people off.

3)      That making people talk makes them feel important.

4)      That when you win an argument you lose a friend.

5)      That listening attentively to others will impress them. They like you most when you do that.

6)      That you need to skillfully convince people. If you say something that is obviously to your advantage, people will be skeptical. So do it differently. Say how an important third person appreciated your products/efforts/services. This will help build confidence in the minds of people about you.

Thanks for reading.

Four Secrets of Happy Living!

Life has many facets: habits, aspirations, goals, significance etc. It is rare that there has been an artist who was also a good householder and a progressive human being. When I say a good householder, I mean one who facilitates the family in all respects. He not only provides for them materially but also emotionally. This is so, typical for a family man. But when we talk of an individual who doesn’t have a family, they too will have to find out their goals; what they want to do in life by controlling or changing their habits. In these circumstances it is difficult to imagine an artist who is totally devoted to his/her passion for art putting similar emphasis/importance on all the other aspects of life, as said above.

Therefore I think we must understand and practice the ‘Secrets of Happy Living’.

1.      The first secret, according to me, would be ‘Self Awareness’. An individual needs to be conscious of his own body, state of mind including thoughts, actions, ideas, feeling and interaction with others. Besides, self awareness has to be a continuous process. It’s only then that you can mould your thoughts, actions and relationship with others. Without doubt, this requires a constant review. The process teaches you how to go about finding solutions to the problems.

2.      The second secret is setting priorities. It is not only fixing the priorities but also scheduling them according to their relative importance. We must remember that when we schedule a task and provide a time slot, it is not necessary that time allocated will always be found sufficient. Time management is another important aspect to be reviewed from time to time. The discipline that you require for constant follow up requires a logical approach. It should have nothing to do with the moods of the person. When a particular task is not finished as per schedule you need to provide the next slot and abide by it. This protocol alone can bring about the desired results.

3.      The third secret is necessary to develop a keen sense of focus. To my mind doing only one thing at a time is the best approach. As far as possible there should be no interruption. Equally important is your total mind and soul into what you are doing. One has to start living in the present, moment to moment. Deliberate effort may be required for some time but then it becomes your habit and you start navigating you life as if you are flying an airplane.

4.      Lastly, the fourth secret is your speech. It is critically important. Because we have to interact with colleagues, family members and the society at large, we must choose our words and use them effectively. Any wrong choice or casual approach towards this very important aspect of human personality can be disastrous. Speech must always be clear; words should be chosen with discretion and spoken effectively. Speech helps to maintain and improve our relations in any environment.

To conclude I would like to say that a successful life in modern times requires us to know and practice these and any other secret that works for us.

Thanks for reading.

Tips to Achieve Goals

How to achieve goals?

1. First, you must write down your goals in clear specific language. Then

start with not only visualising but also seeing your goals as clearly as you have written down. For example, if your goal is to go to Italy and visit Venice, activate your imagination and see that you are in a boat in Venice. Likewise, if you want to buy a specific expensive car say BMW, you should imagine or see yourself riding the BMW. 

2. You have to figure out that the sense of believing that you have already achieved the goal is to start looking at it.  

3. Next, you need to understand the obstacles. If all things were very easy then nobody would need to create goals, write goals or work hard to achieve them. Things are not easy and they will never be easy. Once you see yourself achieving your specific goal, then you sit down and work out what are the kind of obstacles you might face. There will definitely be some obstacles, which you can visualize. And one more important thing to remember is that as you move forward towards achieving your goal, some unexpected obstacle will also come which you will have to conquer. It is only your determination, your decision and your perseverance that you will some way or the other help achieve the goal that you have already imagined.

4. Create a mental picture that the obstacles are coming and you are conquering all the obstacles. Imagine that there is an athlete who is running an obstacle race, while he is running fast; he is also crossing the obstacles. Likewise, now that you know what kind of obstacles will come, you imagine crossing those obstacles, picture yourself conquering those obstacles and still carrying on with your mission.

5. Many doubts can arise in your mind. It is normal. However, clear all the doubts, clear your mind of all doubts which often come, which are quite natural. You say to yourself, nothing doing, no such doubts will stop me from achieving my goal. I have a clear picture of achieving my goal, I am determined and I have created a mental picture of conquering my obstacles. Therefore, there is no doubt that I can do it. The goal itself is a challenge. And all the obstacles that you face while pursuing the goal, will also be kind of smaller challenges. Embrace the challenge. It is an opportunity which will definitely enhance your courage, which will give you more will power to pursue and to be successful. Stay on track. Keep up on the track following the same thing, which you have defined and seeing yourself achieving it. There should be no diversion. Staying on track will definitely make it easier for you to overcome the obstacles and reach your goal. Eventually show the world you can do it. As I say, SUCCESS stands for,

S – See your goal

U – Understand the obstacles

C – Create positive mental pictures

C – Clear your mind of self-doubts

E – Embrace the challenges

S – Stay on track

S – Show the world you can do it.

When the goal is a big project, define it and write it down. Then have a very strong desire for it. That is the kind of motivation, which is necessary to follow the steps that I have already mentioned. 

6. Believe in yourself; that you can do it and then you will do it. 

7. If it is an arduous task and a big project, split it up. Split it into smaller goals and then give a time line to those smaller goals. You must review these every day. You have to review what you have done. You have to check if you have come up to your expectations or not. This step is extremely important. Schedule it, add a timeline to all smaller goals and then do it. 

Thanks for reading.