Prudential Norms on Income Recognition, Asset Classification & Provisioning related to advances

Presented By:

Raunaq Warna 11020241096 Kripa S Nayak 11020241082Vishal Kasi Vishwanath 11020241102

• As per the recommendations made by the Committee whose Chairman was Shri M. Narasimham ,on the Financial System, the Reserve Bank of India has introduced, in a phased manner, prudential norms for income recognition, asset classification and provisioning for the advances portfolio of the banks .

• These norms were In line with the international practices , to move towards greater consistency and transparency in the published accounts

Health code system• With the introduction of prudential norms on 27/04/1992 the Health Code-based system for classification of advances has ceased to be a subject of supervisory interest

• Banks may, however, continue the system at their discretion as a

management information tool

Presentation flow

• Part A – General

• Part B- Prudential guidelines on Restructuring of Advances

• Part C - Agricultural Debt Waiver and Debt Relief Scheme, 2008 (ADWDRS)

NPA’s• An asset, including a leased asset, becomes non performing when it

ceases to generate income for the bank• A non performing asset (NPA) is a loan or an advance where; i. interest and/ or instalment of principal remain overdue for a period of more than 90 days in respect of a term loan ii. the account remains ‘out of order’ below, in respect of an Overdraft/Cash Credit (OD/CC) iii. the bill remains overdue for a period of more than 90 days in the case of bills purchased and discounted iv. the instalment of principal or interest thereon remains overdue for two crop seasons for short duration crops

vi. the instalment of principal or interest thereon remains overdue for one crop season for long duration crops, vii. the amount of liquidity facility remains outstanding for more than 90 days, in respect of a securitisation transaction undertaken in terms of guidelines on securitisation dated February 1, 2006. viii. in respect of derivative transactions, the overdue receivables representing positive mark-to-market value of a derivative contract, if these remain unpaid for a period of 90 days from the specified due date for payment. Note:•Banks should, classify an account as NPA only if the interest due and charged during any quarter is not serviced fully within 90 days from the end of the quarter.

Out of order• The outstanding balance remains continuously in excess of the

sanctioned limit/drawing power• In cases where the outstanding balance in the principal operating

account is less than the sanctioned limit/drawing power,but there are no credits continuously for 90 days as on the date of Balance Sheet or credits are not enough to cover the interest debited during the same periodExample-

Sanctioned limit of Account = Rs 10,000 Drawing power of account = Rs 9000 Amount O/S continuously from 1.04.2012 to 30.06.2012 Rs 8000 Total interest debited Rs 2100 Total credits Rs 1600 Since the credit in the account is not sufficient to cover the interest

debited during the period the account will be said as NPA.

Income Recognition• Income from nonperforming assets (NPA) is not recognised on

accrual basis but is booked as income only when it is actually received

• The banks should not charge and take to income account interest on any NPA.

• Interest on advances against term deposits, NSCs, IVPs, KVPs and Life policies may be taken to income account on the due date, provided adequate margin is available in the accounts

Reversal of income• If any advance, including bills purchased and discounted, becomes

NPA, the entire interest accrued and credited to income account in the past periods, should be reversed if the same is not realised. This will apply to Government guaranteed accounts also.

• In respect of NPAs, fees, commission and similar income that have accrued should cease to accrue in the current period and should be reversed with respect to past periods, if uncollected.

Asset Classification• Categories of NPAs i. Substandard Assets -which has remained NPA for a period less than or equal to 12 months.

ii. Doubtful Assets- if it has remained in the substandard category for a period of 12 months

iii. Loss Assets - where loss has been identified by the bank or internal or external auditors or the RBI inspection but the amount has not been written off wholly

Guidelines for classification of assets

• Take into account the degree of well-defined credit weaknesses and the extent of dependence on collateral security for realisation of dues.

• Banks should establish appropriate internal systems to eliminate the tendency to delay or postpone the identification of NPAs, especially in respect of high value accounts

• The classification of an asset as NPA should be based on the record of recovery.

• Bank should not classify an advance account as NPA merely due to the existence of some deficiencies which are temporary in nature such as non-availability of adequate drawing power based on the latest available stock statement

• Upgradation of loan accounts classified as NPAs- If arrears of interest and principal are paid by the borrower in the case of loan accounts classified as NPAs, the account should no longer be treated as nonperforming and may be classified as ‘standard’ accounts. • Asset Classification to be borrower-wise and not facility-wise All the facilities granted by a bank to a borrower and investment in all the securities issued by the borrower will have to be treated as NPA/NPI and not the particular facility/investment or part thereof which has become irregular

Accounts where there is erosion in the value of security/frauds committed by borrowers• In respect of accounts where there are potential threats for recovery, such accounts should go through various stages of asset classification•In cases of such serious credit impairment the asset should be straightaway classified as doubtful or loss asset as appropriate:-

The realisable value of the security is less than 50 per cent of outstanding in the borrowal accounts such NPAs may be straightaway classified under doubtful category

The realisable value of the security, as assessed by the bank is less than 10 per cent of the outstanding in the borrowal accounts, the asset should be straightaway classified as loss asset

• Advances against Term Deposits, NSCs, KVP/IVP, etc Advances against term deposits, NSCs eligible for surrender, IVPs, KVPs and life policies need not be treated as NPAs, provided adequate margin is available in the accounts• Loans with moratorium for payment of interest• In the case of bank finance given for industrial projects or for

agricultural plantations etc. where moratorium is available for payment of interest, payment of interest becomes 'due' only after the moratorium or gestation period is over.

• In case of loans granted to staff members where interest is payable after recovery of principal, interest need not be considered as overdue from the first quarter onwards. NPA only when there is a default in repayment of installment of principal or payment of interest on the respective due dates

Government guaranteed advances• The credit facilities backed by guarantee of the Central Government though overdue may be treated as NPA only when the Government repudiates its guarantee when invoked

•This exemption from classification of Government guaranteed advances as NPA is not for the purpose of recognition of income

Project LoansProject Loans for Infrastructure Sector(i) A loan for an infrastructure project will be classified as NPA during any time before commencement of commercial operations as per record of recovery (90 days overdue)(ii) If it fails to commence commercial operations within two years from the original DCCO (Date of Commencement of Commercial Operations)

Project Loans for Non-Infrastructure Sector•A loan for a non-infrastructure project will be classified as NPA during any time before commencement of commercial operations as per record of recovery (90 days overdue)•if it fails to commence commercial operations within six months from the original DCCO,even if is regular as per record of recovery

Takeout Finance• The product emerging in the context of the funding of long-term

infrastructure projects. • If the lending institution observes that the asset has turned NPA on

the basis of the record of recovery, it should be classified accordingly

• The lending institution should not recognise income on accrual basis and account for the same only when it is paid by the borrower/ taking over institution (if the arrangement so provides)

• Taking over institution, on taking over such assets, should make provisions treating the account as NPA from the actual date of it becoming NPA even though the account was not in its books as on that date

Export Project Finance• In cases, where the lending bank is able to establish through

documentary evidence that the importer has cleared the dues in full by depositing the amount in the bank abroad before it turned into NPA in the books of the bank, but the importer's country is not allowing the funds to be remitted due to political or other reasons, the asset classification may be made after a period of one year from the date the amount was deposited by the importer in the bank abroad.

Provisioning Norms

General•The bank managements and the statutory auditors are responsible for making adequate provisions for any diminution in the value of loan assets, investment or other assets

•The bank management and the statutory auditors before taking a decision in regard to making adequate and necessary provisions in terms of prudential guidelines use the assessment made by the inspecting officer of the RBI

• Provisioning for Loss assets – - Loss assets should be written off. - If loss assets are permitted to remain in the books for any reason, 100 percent of the outstanding should be provided for

• Provisioning for Doubtful assets- -100 percent of the extent to which the advance is not covered by the realisable value of the security to which the bank has a valid recourse and the realisable value is estimated on a realistic basis. - In regard to the secured portion, provision may be made on the following basis, at the rates ranging from 20 percent to 100 percent of the secured portion depending upon the period for which the asset has remained doubtful

Provisioning for Substandard assets - • A general provision of 10 percent on total outstanding should be made•The ‘unsecured exposures’ which are identified as ‘substandard’ would attract additional provision of 10 per cent.•The provisioning requirement for unsecured ‘doubtful’ assets is 100 per cent.

Provisioning for Standard assets – •Banks are required to make general provision for standard assets at the following rates for the funded outstanding on global loan portfolio basis:(a) direct advances to agricultural and SME sectors at 0.25 %;(b) advances to Commercial Real Estate (CRE) Sector at 1.00 %;(c) all other loans and advances not included in (a) and (b) above at 0.40 %

Additional Provisions for NPAs at higher than prescribed rates

• A bank may voluntarily make specific provisions for advances at rates which are higher than the rates prescribed under existing regulations, to provide for estimated actual loss in collectible amount

• Such higher rates are approved by the Board of Directors and consistently adopted from year to year

Provisions on Leased Assets

Substandard assetsa) 10 percent of the sum of the net investment in the lease and the unrealised portion of finance income net of finance charge componentb) Unsecured lease exposures, which are identified as ‘substandard’ would attract additional provision of 10 % , i.e., a total of 20 %Doubtful assetsa)100 percent of the extent to which, the finance is not secured by the realisable value of the leased assetLoss assetsa) The entire asset is required to be written off

Guidelines for Provisions under Special Circumstances

Advances granted under rehabilitation packages approved by BIFR/term lending institutions(i) For advances under rehabilitation package approved by BIFR/Term lending institutions, the provision should continue to be made in respect of dues to the bank on the existing credit facilities as per their classification as substandard or doubtful asset.(ii) As regards the additional facilities sanctioned as per package finalised by BIFR and/or term lending institutions, provision on additional facilities sanctioned need not be made for a period of one year from the date of disbursement.

Provisioning for country risk•Banks are required to make provisions, on the net funded country exposures on a graded scale ranging from 0.25 to 100 percent according to the risk categories mentioned below

Risk category ECGC ClassificationProvisioning Requirement

(per cent)

Insignificant A1 0.25

Low A2 0.25

Moderate B1 5

High B2 20

Very high C1 25

Restricted C2 100

Offcredit D 100

Reserve for Exchange Rate Fluctuations Account (RERFA) The outstanding amount of foreign currency denominated loans will increase if the exchange rate movements of the Rupee turns adverse.In such cases the assets needs to be revalued as follows-•The loss on revaluation of assets has to be booked in the bank's Profit & Loss Account •Besides the provisioning requirement as per Asset Classification, banks should treat the full amount of the Revaluation Gain relating to the corresponding assets, if any, on account of Foreign Exchange Fluctuation as provision against the particular assets.

Provisioning Coverage Ratio• It is essentially the ratio of provisioning to gross NPA’s and indicates

the extent of funds a bank has kept aside to cover loan losses

• At present, the provisioning requirements for NPAs range between 10 per cent and 100 per cent of the outstanding amount, depending on the age of the NPAs and the security available

• The PCR should be disclosed in the Notes to Accounts to the Balance Sheet.

Guidelines on sale of Financial Assets to Securitisation Company/Reconstruction company(RC)

• Applicable to sale of Financial Assets(e.g. Loans) by banks/FIs for asset reconstruction/ securitisation.

• Guidelines to be followed by banks while selling their financial assets to SC/RC and also while investing in securities offered by the SC/RC.

• Groups of the prudential guidelines: – Financial assets which can be sold– Procedure for sale including valuation and pricing aspects– Norms(provisioning, capital adequacy and exposure related)– Disclosure requirements.

Financial assets which may be sold

• A NPA

• A Standard Asset where:– The Asset is under a consortium– At least 75% of the value of the asset is classified as NPA in the books of

the other banks/FIs– Atleast 75% of the others have agreed to its sale.

Procedure for Sale• SARFAESI Act allows the acquisition of financial assets by SC/RC from any bank/FI

on the basis of the terms and conditions agreed between them.

• Sale can be either with recourse or without recourse(credit risk transferred to the SC/RC)

• Banks should ensure that the sale is conducted in a prudent manner in accordance with the board.

• They should ensure that subsequent to the sale, banks do not assume any operational or legal risk.

• Sale consideration to banks could be cash or bonds(classified as investment in the books of banks) or debentures.

• For specific financial assets, banks may enter into agreements with SC/RC to share any surplus realised by the SC/RC on the realisation of the concerned asset.

Norms Provisioning/Valuation norms• When the banks sells its financial assets to SC/RC, the same will be removed

from its books.

• If the sale price is below the Net Book Value(Book Value less provisions), the shortfall should be debited to the P&L account of that year.

• When banks/FIs invest in the securities issued by SC/RC, it is recognised in its books as the lower of:– Redemption value– NBV of the financial asset

• The investment should be carried in its books until its sale/realisation.

Securities offered by SC/RC should satisfy following conditions

• Term<= 6 years

• Rate of interest >=1.5% above the bank rate in force

• Secured by an appropriate charge on the assets

• Prepayment in part or full in case the SC/RC sells the asset backing it before the maturity date

• Unconditional commitment by SC/RC to redeem the security

• Notice of any transfer of security should be issued to SC/RC

• All instruments received by the banks from SC/RC will be in the nature of non-SLR securities.

• Valuation norms would thus be in accordance with those issued by RBI for non-SLR securities.

Exposure Norms• In view of the extra ordinary nature of event, banks/FIs will be allowed

in the initial years to exceed prudential exposure ceiling on a case-to-case basis.

• Banks selling such financial assets are required to make disclosures in their Notes on Accounts to their Balance Sheet

Guidelines on purchase/sale of NPA’s(Financial)

• Aim: To increase the option available to banks to resolve their NPA’s and to develop a healthy secondary market.

• Applicable to Banks/FIs/NBFCs purchasing/selling NPAs(financial) from/to other Banks/ FIs /NBFCs(excluding RC/SC)

• Similar grouping of guidelines: Procedure, Prudential Norms and Disclosure requirements.

Norms• The Board should ensure that the bank should have adequate skills to

purchase the NPAs and that the purchase should be a value add to the bank.

• Appropriate systems and procedures should be in place to deal with the risk.

• Sale price should generally not be lower than the NPV of the estimated cash flows associated with the realisable value of the available securities net of the cost of realisation.

• Subject to full recovery within 3 years, 10% of the estimated cash flows should be realized in the first year and 5% in each half year thereafter.

• A bank may purchase/sell its nonperforming financial assets only on ‘without recourse’ basis.

• An NPA shall be eligible for sale to other banks only if it has remained as an NPA for atleast 2 yrs in the books of the selling bank.

• Consideration only on cash basis, entire payment upfront only after which it can be off the books.

• The purchasing bank should hold the NPA purchased for atleast 15 months before passing it to other banks.

Asset Classification Norms• NPAs may be classified as ‘Standard’ in the books of the purchasing bank for a

period of 90 days. Post that, the asset classification status shall be determined on the basis of the recovery vis-à-vis the estimated cash flows.

• Any restructure of the repayment schedule or the estimated cash flow shall render the account as a non performing asset.

• Provisioning norms for the books of the selling bank same as described earlier. In the books of the purchasing bank, the NPA shall attract a provisioning requirement as per its asset classification status.

• Recoveries in excess of acquisition cost can be recognised as profit.

• For the purpose of capital adequacy, 100% risk weights should be assigned to the NPAs from other banks.

• In case the NPA purchased is an investment, it would attract capital charge for market risks too. For NBFCs other relevant instructions applicable.

• The purchasing bank should ensure compliance with the prudential exposure ceilings .

• The purchasing bank shall furnish all relevant reports to RBI, CIBIL etc. In respect of the NPAs purchased by it.

• Income from these investments are taxable.

Agricultural Debt Waiver & Debt Relief Scheme,2008(ADWDRS)

• Guidelines pertaining to IRAC, Provisioning and Capital Adequacy applicable to loans covered by this scheme.

• The entire eligible amount shall be waived in the case of a small and marginal farmer, while in case of other farmers, a rebate of 25% will be given provided the farmer repays the balance 75%.

• In case of the small & marginal farmers, the amount eligible for the waiver may be transferred by banks to a separate account “Amount receivable from Government of India under Agricultural Debt Waiver Scheme 2008”

• Balance in this a/c to be treated as a performing asset provided adequate provision is made for the loss in PV terms, assuming that the payments would be received from the GOI in installments.

• Any excess provision can be reversed in a phased manner.

• Any amount outstanding in the account “Amount receivable from Government of India under Agricultural Debt Waiver Scheme 2008” is a claim on the Government and would attract a zero risk weight for the purpose of capital adequacy norms, whereas the amount outstanding in the accounts covered in the ‘Debt Relief Scheme’ is a claim on the borrowers and risk weighted as per the norms.

Restructuring of Loans & Advances

RBI issues various guidelines governing the restructuring of advances(other than those restructured on account of natural calamities) which are as follow:

i. Guidelines on restructuring of advances extended to industrial units.

ii. Guidelines on restructuring of advances extended to industrial units under the Corporate Debt Restructuring (CDR) Mechanism

iii. Guidelines on restructuring of advances extended to Small and Medium Enterprises (SME)

iv. (iv) Guidelines on restructuring of all other advances.

Introduction

• The different guidelines are based on whether the borrower undertakes industrial or non-industrial activities.

• Borrowers engaged in industrial activities get the benefit of asset classification on restructuring along with SME’s engaged in non-industrial activities.

• The CDR Mechanism is available to the borrowers engaged in industrial activities along with corporates involved in non-industrial activities.

• Also 'standard' advances should be re-classified as 'sub-standard' immediately after restructuring.

Introduction

General Principles and Prudential Norms for Restructured Advances

• Banks are allowed to restructure accounts classified ‘standard’, ‘sub-standard’ and ‘doubtful’ categories.

• Banks are not allowed to reschedule/ restructure/ renegotiate the borrowers account with retrospective effect.

• Restructuring of advances cannot take place unless changes in loan agreement is proposed by debtor via written application. Also the process can be initiated in case of deserving cases upon agreement of the customer.

Eligibility criteria for restructuring of advances

• Banks would not restructure any account unless the financial viability and certainty of repayment by borrower is established.

• Borrowers committing frauds and malfeasance will remain ineligible for restructuring although bank may review their status in case the classification was not transparent.

• BIFR cases are not eligible for restructuring without their express approval.

Eligibility criteria for restructuring of advances

• Restructuring of advances takes place in the following stages:– (a) before commencement of commercial production/operation;

– (b) after commencement of commercial production/ operation but before the asset has been classified as 'sub-standard';

– (c) after commencement of commercial production/operation and the asset has been classified as 'sub-standard' or 'doubtful'.

Asset classification norms

• Restructuring would result in classification of ‘standard assets’ as ‘sub-standard assets’.

• NPA’s upon restructuring, would continue to have the same asset classification as prior to restructuring and slip into further lower asset classification categories with reference to the pre-restructuring repayment schedule.

• Restructured accounts classified as NPA upon restructuring would be eligible for up-gradation to the 'standard' category after observation of 'satisfactory performance‘.

Asset classification norms

• In case of NPA’s if satisfactory performance is not observed the asset classification of the restructured account would be governed as per the applicable prudential norms.

• Any additional finance may be treated as 'standard asset', up to a period of one year after the first interest / principal payment, whichever is earlier, falls due under the approved restructuring package.

• In the case of accounts where the pre-restructuring facilities were classified as 'sub-standard' and 'doubtful', interest income on the additional finance should be recognised only on cash basis.

Asset classification norms

• In case a restructured asset, which is a standard asset on restructuring, is subjected to restructuring on a subsequent occasion, it should be classified as substandard.

• If the restructured asset is a sub-standard or a doubtful asset and is subjected to restructuring and its asset classification is reckoned from the date when it became NPA on the first occasion.

• Advances restructured on second or more occasion may be allowed to be upgraded to standard category after one year from the date of first payment of interest.

Asset classification norms

• Subject to provisions which lay the criteria for satisfactory performance, interest income in respect of restructured accounts classified as 'standard assets' will be recognized on accrual basis and that in respect of the accounts classified as 'non-performing assets' will be recognized on cash basis.

Income recognition norms

• Banks hold provisions against the restructured advances as per the existing provisioning norms.

• Provision for diminution in the fair value of restructured advances– Reduction in the rate of interest of the repayment of principal amount, as part

of the restructuring, will result in diminution in the fair value of the advance.

– In the case of working capital facilities, the diminution in the fair value of the cash credit / overdraft component may be calculated by reckoning the higher of the outstanding amount.

– In the event any security is taken in lieu of the diminution in the fair value of the advance, it should be valued at Re.1/- till maturity of the security.

Provisioning norms

– The diminution in the fair value may be re-computed on each balance sheet date till satisfactory completion of all repayment obligations and full repayment of the outstanding in the account.

– Banks may provide for the shortfall in provision or reverse the amount of excess provision held in the distinct account.

• The total provisions required against an account (normal provisions plus provisions in lieu of diminution in the fair value of the advance) are capped at 100% of the outstanding debt amount.

Continued…

Prudential Norms for Conversion of Principal into Debt / Equity

• The FITL / debt or equity instrument created by conversion of unpaid interest will be classified in the same asset classification category in which the restructured advance has been classified. Further movement in the asset classification of FITL / debt or equity instruments would also be determined based on the subsequent asset classification of the restructured advance.

Asset classification norms

• Income generated by these instruments may be recognised on accrual basis.

• The unrealised income represented by FITL / Debt or equity instrument should have a corresponding credit in an account styled as "Sundry Liabilities Account (Interest Capitalization)".

• In the case of conversion of unrealised interest income into equity, interest income can be recognised once account is upgraded to standard category.

• Only on repayment in case of FITL or sale / redemption proceeds of the debt / equity instruments, the amount received will be recognized in the P&L Account. Depreciation if any charged to Sundry Liabilities Account.

Income recognition norms

Special Regulatory Treatment for Asset Classification

• Special regulatory treatment for asset classification is available to borrowers engaged in important business activities. Such treatments are not extended to the following categories of advances:– i. Consumer and personal advances;– ii. Advances classified as Capital market exposures;– iii. Advances classified as commercial real estate exposures

• The special regulatory treatment has the following two components :– (i) Incentive for quick implementation of the restructuring package.– (ii) Retention of the asset classification of the restructured account in the– pre-restructuring asset classification category

Other Guidelines and Disclosures

• The banks should decide on the issue regarding convertibility (into equity) option as a part of restructuring exercise whereby the banks / financial institutions shall have the right to convert a portion of the restructured amount into equity, keeping in view the statutory requirement.

• Acquisition of equity shares / convertible bonds / convertible debentures in companies by way of conversion of debt / overdue interest can be done without seeking prior approval from RBI.

• Acquisition of non-SLR securities by way of conversion of debt is exempted from the mandatory rating requirement.

• Banks may consider incorporating in the approved restructuring packages creditor's rights to accelerate repayment and the borrower's right to pre-pay.

• Banks should also disclose in their published annual Balance Sheets, under "Notes on Accounts", information relating to number and amount of advances restructured, and the amount of diminution in the fair value of the restructured advances.

• Banks must disclose the total amount outstanding in all the accounts / facilities of borrowers whose accounts have been restructured along with the restructured part or facility.

Reference

• RBI Circular on Income Recognition, Asset Classification and Provisioning – 2010,2011,2012