Banks eye family trusts of defaulting tycoons to recover loans, BFSI News, ET BFSI

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Armed with the Supreme Court go-ahead to seize assets of personal guarantors, banks are looking to recover money parked in family trusts.

Many of the family trusts created by businesspeople are meant primarily to protect their assets from potential claims related to their companies, such as in bankruptcies. Neither lenders nor agencies such as the Enforcement Directorate or income tax department have been able to penetrate these asset protection trusts.

The SC verdict

The Supreme Court had upheld the validity of the Centre’s notification allowing banks to proceed against personal guarantors for recovery of loans given to a company under the Insolvency and Bankruptcy Code (IBC).

A bench comprising justices L Nageswara Rao and S Ravindra Bhat held that approval of resolution plan under the IBC does not discharge personal guarantors of their liability towards the banks.

“In the judgment, we have upheld the notification,” Justice Bhat said while reading out the conclusion of the judgement which decided as many as 75 petitions pertaining to the validity of the notification.

Petitioners had challenged the November 15, 2019 notification issued under the IBC and other provisions in as far as they relate to personal guarantors to corporate debtors.

Upholding the validity of the notification, the top court ruled that initiation of an insolvency resolution plan for a company does not absolve corporate guarantees given by individuals from paying up the dues to financial institutions.

The IBC law

Under the IBC law, banks can go after the family trusts formed by promoters or those who have given personal guarantees, provided there is a fraud or siphoning of money involved as per provisions of the IBC.

Promoters of several Indian companies had earlier accused their professional managers of fraud and diverting company funds. But they would not get any respite from the IBC as lenders will now invoke their personal guarantees.

SBI action

SBI was one of the respondents to the 74 petitions and challenges by promoters on invocation of personal guarantees. It has been in the forefront of invoking guarantees of promoters of defaulting companies. It had invoked Rs 1200 crore of guarantees given by Ambani for defaulting companies Reliance Communications and Reliance Infratel.

In January ET had reported SBI had also approached the Mumbai bench of the NCLT to initiate guarantees by the Videocon Indsutries’ Dhoot brothers totalling Rs 11,500 crore.

It had also taken Bhushan Power & Steel promoter Sanjay Singal to court to recover Rs 12,276 crore dues to the bank for which he was a guarantor. All these promoters had challenged these actions in court.



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In Covid shadow, bank profits may double on annual basis in Q4, BFSI News, ET BFSI

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With the SC lifting freeze of classifying NPAs, the banks are likely to shift focus on recovery efforts and recognise NPAs in the fourth quarter.

“Although overall trends in asset quality have fared better than expectations, led by a sharp improvement in collection efficiency and a lower restructuring book, the recent surge in Covid cases and the fear of a lockdown in key districts keep us watchful on asset quality,” wrote Motilal Oswal analysts in their Q4 earnings preview for the banking sector.

While many banks have already provided for this likely increase and carry additional provision buffers, which should limit the impact on profitability, brokerage sees banks continuing to strengthen their balance sheets and credit cost staying elevated.

“A spate of Covid cases and soft reintroductions of certain government restrictions would likely tip the balance of Q4 provisioning policy in favour of conservatism. Write-backs/ offsets would probably start in earnest in H1FY22, writes Edelweiss Research in a note.

How are private banks likely to fare in Q4?

For private banks, operating profitability is likely to improve while provisions would remain elevated. Motilal estimates private banks to report Pre-provisioning operating profit (PPOP) growth of 19% YoY (+2.7% quarter on quarter) and net profit growth of 108% year on year (+2.2% quarter on quarter) due to a low base in the fourth quarter of FY20. the Motilal Oswal report said. Although credit cost is likely to remain higher, a pick-up in loan growth along with healthy traction in fee income and modest opex would support earnings.

Loan growth is likely to pick up, led by rising consumer demand, particularly in the Retail segment. Even growth in the Corporate segment is recovering, with the focus on lending to highly-rated corporates. Banks, however, remain cautious about growing their unsecured portfolio.

Asset quality would remain under watch as lenders would recognize actual NPAs as the stay on NPA recognition has ended. Though slippages would remain higher, it is likely to moderate on a sequential basis.

Margin to exhibit stable/improving trends

Net interest income (NII) is likely to grow 15% YoY at banks as the cost of funds is likely to remain low, given the excess liquidity in the system. Although negative carry on slippages could impact margins, gradual deployment of excess liquidity and repricing of deposit base would support margins, Motilal said, adding, large banks, with a strong liability franchise, are better placed to tackle margin pressure.

Deposit traction would remain strong, reflecting 12% YoY growth for the system, while many Banks have increased focus on ramping up retail deposits

Public sector banks

PSBs’ earnings to show a healthy pick up as operating metric for PSBs would improve. Within PSBs, the State Bank of India is likely to report a healthy performance supported by the resolution of Bhushan Power & Steel, which would result in healthy recoveries and a seasonally strong quarter on fee income. PSBs are expected to deliver NII/PPOP growth of 27%/16% YoY and PAT growth of 110% year on year on a low base.



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