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    The Role of the Public Sector in Non-Performing Loan Resolutions*

    Heh-Song Wang ()**

    It is a great pleasure for me to be here in Beijing to participate in

    the Second Non-Performing Loan (NPL) International Forum. I would

    like to give you a briefing about Taiwan's public sector experience in

    NPL resolutions. My presentation will be divided into four sections.

    Section One discusses the role of the government in NPL resolutions.

    Section Two analyzes the problems and difficulties encountered by asset

    management corporations (AMCs). Section Three presents pros and cons

    of government involvement in NPL resolutions. I shall then close with a

    brief conclusion.

    I. Government Involvement in NPL Resolutions

    In view of the increasing NPL ratio, the Taiwanese banks have

    strengthened credit risk management and made use of the provision of

    loan loss reserves to write off bad loans in recent years. The NPLs

    written off by domestic banks amounted to NT$140 billion in 1999 andNT$163 billion in 2000. However, NPLs continued to increase in the

    first nine months of 2001 and are likely to increase further in the coming

    months.

    The rising number of NPLs of Taiwanese financial institutions has

    alarmed the banking sector. The rapid growth of NPLs and the

    magnitude of NPLs have become unmanageable by banks themselves.

    Obviously, there is a need for the government to assist the banks inreducing their NPL ratios in order to prevent a financial crisis.

    Government involvement in NPL resolutions has taken on various

    forms. First of all, the Central Bank cut the reserve ratio on deposits for

    banks in February 1999. This was followed by a tax reduction for banks.

    The Ministry of Finance reduced the gross business receipt tax (GBRT)

    for banks from 5% to 2% in July 1999. The GBRT rate will be further cut

    * Speech delivered at the 2001 Non-Performing Loan International Forum, Beijing,China, November 2, 2001.

    ** Senior Vice President and Chief Economist, The International Commercial Bank ofChina, Taipei, Taiwan, Republic of China.

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    to zero effective January 2006. The extra revenue derived from lowering

    the required reserve ratio and cutting the gross business receipt tax rate,

    estimated to be NT$35 billion (or US$1 billion equivalent) per year, has

    been earmarked exclusively for the write-off of bad loans.

    Moreover, the government has provided a friendly legal

    environment to accelerate the disposition of banks' non-performing

    assets. The Merger Law of Financial Institutions (MLFI) was enacted on

    November 24, 2000. The Law provides the legal framework for the

    establishment and operation of the Taiwan Financial Asset Service

    Corporation (TFASC) and Taiwan Asset Management Corporation

    (TAMCO). Commercial banks may dispose of NPLs through TAMCO

    and an independent third party, TFASC, without going through lengthycourt procedures. Tax incentives are offered to TAMCO and financial

    institutions that sell NPL assets. The successful operation of the TFASC

    and TAMCO will expedite the disposal and management of NPLs, lower

    the NPL ratio and improve asset quality of banks.

    As mentioned earlier, another financial problem in Taiwan is the

    high NPL ratio of the community financial institutions. One possible

    solution is to set up a quasi-Resolution Trust Corporation (RTC)mechanism. The Statute for the Establishment and Management of the

    Financial Restructuring Fund was enacted on June 26, 2001. The Statute

    provides for the establishment of a Financial Restructuring Fund in the

    amount of NT$140 billion (or US$4.1 billion). Of the total amount of the

    Fund, NT$120 billion will come from collection of the existing 2% gross

    business receipt tax on financial institutions over the next four years, and

    the remaining NT$20 billion will come from the proceeds of increased

    deposit--insurance premiums over the next ten years. The Fund willpurchase the bad assets of troubled financial institutions. In September

    2001, the government made use of part of the Fund to restructure and

    liquidate NPL assets of 36 community financial institutions.

    II. Problems and Difficulties encountered by AMCs

    Taiwans first AMC was established in last May and open its doors

    for business in early November 2001. Its operations have encountered

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    some problems, including the shortage of capital, reluctance of banks to

    sell NPLs to the AMC, and difficulties in fixing NPL pricing. A brief

    explanation follows.

    First of all, the capital of the AMC is only half a billion US dollars,

    compared with the huge amount of NPLs totaling US$27 billion. Due to

    the shortage of funds, the capacity of the AMC to dispose of NPLs is

    severely constrained. To overcome the problems, the AMC is

    contemplating engaging in the trust business at the initial stage, to

    minimize the use of capital. In this regard, it may be necessary for the

    government and the central bank to consider providing additional funding

    to the AMC.

    Secondly, many banks are reluctant to sell NPLs to the AMC because

    the losses resulting from selling NPLs would be realized immediately.

    This would reduce the banks profit and adversely affect their

    achievement of annual financial targets. Notwithstanding this

    consideration, the government authorities should stand firm in advising

    banks to dispose of their NPLs and reduce their NPL ratios over a period

    of time, say, 5 years.

    Thirdly, with regard to the NPL pricing, it is understandable that

    banks want to sell their NPLs at higher prices, whereas the AMC would

    like to buy NPLs at prices as low as possible. There is an apparent

    conflict of interest between the two sides, and it is difficult, if not

    impossible, to reach a compromise. In this regard, it is noteworthy that

    the government has taken the initiative in setting up an impartial third

    party, called the Taiwan Financial Asset Service Corporation, to evaluate

    the prices of NPLs. Nevertheless, due to the complexity and the nature ofthis issue, whether the Corporation can play an effective role in this

    regard remains to be seen.

    III. Pros and Cons of Government Involvement in NPL Resolutions

    NPL resolution is a difficult task that requires cooperation and

    collective efforts of the government and the commercial banks. There are

    questions about what the government can do and what the government

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    should do in NPL management. Some argue that banking is a high risk

    industry--commercial banks themselves should bear all the risks arising

    from their operations and must provide adequate provisions for possible

    loan losses. It is hard to justify the use of tax-payers' money for the

    clean-up of NPLs. Also, since the primary responsibility of the Central

    Bank is to achieve and maintain price stability, its balance sheet should

    not include a large amount of NPLs of the banking system.

    On the other hand, some analysts say that delays in addressing the

    NPL problem may lead to a financial crisis. Past experience shows that a

    crisis could have a devastating impact on the real economy. The crisis-hit

    economy would go into recession and banks would be saddled with huge

    NPLs. Unfortunately, many banks have no adequate loan loss provisionsto deal with NPLs. Under this circumstance, the government is in a better

    position to establish mechanisms to resolve the problem of NPLs of ailing

    financial institutions.

    There is no doubt that the public sector can play an important role

    in the speedy disposition of NPLs. Government intervention should

    contain the cost of bank recapitalization and also reduce the cost to the

    taxpayer. Furthermore, the government has to strengthen the regulatorystructure and provide the legal framework for NPL resolutions. Setting

    up AMCs and an RTC is not enough. They will need adequate funding,

    government support, policy guidance and necessary actions. As the

    lender of last resort, the Central Bank of China is expected to provide

    short-term financing to commercial banks and AMCs to deal with NPLs

    as requested.

    IV. Concluding Remarks

    Proper management and speedy disposition of NPLs is one of the

    most critical tasks of banking reforms today. The government could play

    an indispensable role and provide invaluable assistance to the banks to

    effectively reduce NPLs. These include a supportive legal environment, a

    sound financial regulatory framework, provision of operational guidance

    and advice, tax incentives, appropriate asset valuation policy, financial

    assistance, and establishment of AMCs and RTC. The main purpose of

    active involvement by the government is to remove NPLs from the

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    banking system quickly so that the banks can resume their normal

    functions.

    In conclusion, I would like to thank the Organizing Committee of

    the Second NPL International Forum for this opportunity to brief you on

    Taiwan's experience in government involvement in NPL resolutions. I

    would also like to express my sincere gratitude to you all for your

    patience in listening to my report.

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