What is an NPA loan?
An NPA, referred to as Non-Performing Asset, is the loan account on which a borrower fails to repay the interest/EMI for equivalent or more than the 90 days is known as NPA account for the bank. This is a loan from which the bank is not getting the return & creates a loss to the bank.
Banks provide loans to borrowers and consider these loans as their assets. These loans generate income for banks in the form of interest, usually collected through monthly EMIs or interest payments. However, if someone fails to repay on time, the bank stops earning income from that loan. In such cases, the bank labels the loan as a “Non-Performing Asset” (NPA).
According to the guidelines of the Reserve Bank of India (RBI), if a loan account remains overdue for more than 90 days, it is classified as an NPA. Furthermore, the bank starts monitoring the account from the very first instance of non-payment.
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SMA 0 | Principal or interest overdue under 30 days |
SMA 1 | Principal or interest overdue more than 30 days |
SMA 2 | Principal or interest overdue for more than 30 days |
NPA | Principal or interest overdue for more than 60 days |
The main objective behind this classification is to take appropriate steps to prevent the account from slipping into the NPA classification.
But, once the account is classified as a non-performing asset. Banks start to recover the loan through other legal ways like issuing legal notices to borrowers, taking possession & auctioning the underlying securities/collateral under the Sarfasi Act 2002.
What is the SARFASI Act 2002
The Sarfasi Act enables banks & financial institutions registered under the RBI to sell or auction the borrower’s properties/assets in the event of default to recover their loan without any court intervention.
The Sarfasi Act only applies to secured loans & agriculture properties/land do not fall under this act. An order from the court is not required for the selling or auction of collateral, so the bank can liquidate collateral via the auction process in a shorter time. Bank reduces its NPA ratio by enforcing the Sarbani Act.
Legal Notices issued by the Bank to borrowers under the Sarfasi Act
- Demand Notice 13(2): Before taking any action under the SARFAESI Act, the bank must issue a demand notice to the borrower specifying the outstanding amount and calling upon the borrower to discharge the debt within 60 days from the date of the notice.
- Symbolic Possession Notice 13(4): If the borrower fails to comply with the demand notice, the bank can take possession of the secured assets. Before taking possession, a notice must be issued to the borrower stating the intention to take possession and allowing them to make their representation.
- Sale Notice: After taking symbolic possession of the secured assets, the bank can proceed with the sale. A notice of sale must be published in two newspapers (one in the vernacular language) and also displayed on the notice board of the concerned court or the office of the Collector or Magistrate. The notice must provide details of the sale, including the date, time, place, and reserve price of the assets.
Impact of NPA
Impact of NPA on the Borrowers
When a loan account is classified as a non-performing asset, it creates lots of financial & legal issues for borrowers. In general, borrowers face the following multiple issues :
- The problem in maintaining accounts: A few years back, banks froze the current accounts or cc/od facilities of borrowers, which created problems in running the business, as the payment collection method was blocked by the bank so the client was unable to receive the payments. But, recently Reserve Bank of India issued a notification that an NPA account borrower can run a current account in any bank, so this gives a big relief, but the unavailability of cc & OD facilities creates problems in day-to-day business operations.
- Legal Issues: Once an account slips into NPA, the bank starts sending legal notices & taking legal actions for recovery of the loan. Then the borrower diverts his valuable time & money to confront those legal actions & notices, which indirectly affect the business.
- Possession of Collaterals: For recovery of the loan, the bank tries to take possession & auction of the underlying securities & collaterals, which will be a very difficult phase for the borrower. In some cases, residential property of personal use is mortgaged, whereas in some cases, the bank takes possession of a factory or a unit of the borrower, after which the total business comes to a standstill, and he is even more trapped financially.
- Drop Collateral Valuations: After bank possession, the property gains a very bad reputation in the market, even if the borrower wanted to dispose of the collateral & pay the bank that seems to be very difficult because nobody is willing to buy this property moreover local property broker tries to buy that property at a very cheaper rate as they know borrower is now trapped with the bank.
Impact of NPA on the Banks
Non-performing assets (NPAs) have significant implications for banks, financial institutions, and the overall economy. Here are some of the key significances of non-performing assets:
- Financial Health of Banks: NPAs directly affect the financial health and stability of banks. When loans or assets become non-performing, it means that borrowers are not repaying their obligations as agreed. This, in turn, leads to a decline in the bank’s profitability, asset quality, and capital adequacy. High levels of NPAs can weaken a bank’s balance sheet and erode its ability to lend and support economic growth.
- Credit Risk Management: The presence of NPAs highlights weaknesses in the credit risk management practices of financial institutions. It indicates that banks have either extended loans to borrowers with weak creditworthiness or have failed to effectively monitor and recover the loans. NPAs serve as a warning sign for banks to reassess their lending practices, improve credit evaluation procedures, and strengthen loan recovery mechanisms.
- Impact on Profitability: NPAs have a direct impact on the profitability of banks. When loans turn into non-performing assets, banks stop earning interest income on those loans. Moreover, banks may need to allocate additional provisions or reserves to cover potential losses arising from NPAs. These provisions reduce the bank’s profitability and can impact its ability to generate earnings and distribute dividends to shareholders.
- Economic Impact: High levels of NPAs in the banking system can have adverse effects on the overall economy. Banks with a large volume of NPAs may become reluctant to lend, particularly to sectors perceived as risky. This can constrain credit availability, leading to a slowdown in investment, business expansion, and economic growth. Additionally, NPAs can contribute to systemic risks and financial instability if left unaddressed.
What are the options for Borrowers?
- Re-structure of NPA Account: Borrower can apply for restructuring of his loan, restructuring allows some additional years for repayment, while other facilities remain the same or are modified accordingly. This will be the best tool for handling the NPA situations, as this prevents the borrower from paying the whole amount in a lump sum manner.
- Repay NPA account liability: The borrower can choose to pay the total outstanding in the NPA account through some personal savings, sell other collateral or assets, or through personal borrowing from friends & relatives. This will end the NPA account chapter permanently, and he will be free from NPA status & financial & legalities included with it.
- OTS– One Time Settlement: If paying the complete NPA liability is not possible, then the borrower can also opt out of a one-time settlement with the bank. Through this, the bank can reduce the outstanding amount by wiping off undesirable interests & legal charges levied on the account. This enables borrowers to settle down outstanding at a reduced price.
- Legal Help: Clients can seek legal help from their local DRT courts, which especially addresses issues related to financial transactions. Through the DRT court borrower can put his issues & problems in paying the loan on time and appeal for additional time for payment of the loan.
- Re-finance of NPA Account or NPA Loan: When a borrower lacks sufficient funds to clear their NPA account liability, they can explore NPA finance options to resolve the issue. This involves taking a new loan to pay off the outstanding NPA account. A new lender steps in, directly paying the previous bank on behalf of the borrower, closing the NPA account entirely. The borrower then starts a fresh repayment plan with the new lender.
Is there any financing option to close the NPA Accounts?
If your loan has gone into NPA (non-performing asset) and you are looking for financing to repay your loan, the following methods can help you:
- To repay the NPA loan account, you can take finance from another finance company or NBFC that specialises in NPA or OTS financing. Like Fund Source, OTS Finance
These companies, like Fund Source, pay directly to your previous bank to close the NPA account, the total outstanding, or the NPA account settled under the OTS.
The Key Benefits of these Loans:
- Complete closure of the previous NPA account
- Get rid of all legal & financial issues associated with it
- Get rid of NPA Status
- Can be taken for OTS or non-OTS transactions
- Can be paid directly to the previous bank/nbfc
- Easy discussion-based repayment plan
- Benefits of CIBIL ratings
- Freedom to move standard banking in the future
- Can enjoy standard banking products in the future
- Can be used for full or partial payment of NPA