Distraught depositors want PMC Bank revived soon

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Distraught depositors of the scam-hit Punjab and Maharashtra Co-operative (PMC) Bank want the Reserve Bank of India (RBI) to speed up revival/reconstruction of the bank as they are in dire need of money to meet exigencies arising from the second wave of the Covid-19 pandemic.

Some of the depositors, especially the elderly, are barely able to get by despite having lakhs and crores of rupees locked up in the bank, as the RBI clamped down on deposit withdrawal since September 24, 2019, capping it at ₹1 lakh per depositor for the entire period that the bank is under Directions.

With RBI extending its Directions against the bank for the fourth time from April 1 to June 30, 2021, depositors are wringing their hands in despair that even after 19 months no solution to their woes is in sight.

RBI extends ‘directions’ against PMC Bank by 3 months

They pointed out that while depositors of other troubled banks such as YES Bank and Lakshmi Vilas Bank were rescued in double-quick time, when it comes to their bank, the rescue process has been drawn out.

Complex process, says RBI

Chander Purswani, President, PMC Depositors’ Forum, said: “The Bank should be revived/ reconstructed on SOS basis…Depositors are losing their lives amid the raging pandemic. These are testing times for all of us. The authorities should have some mercy on us.”

PMC Bank revival: Phased deposit withdrawal likely for customers

In a statement issued on March 26, 2021, the RBI observed that PMC Bank had received binding offers from certain investors for its reconstruction, in response to the Expression of Interest (EOI) floated by the bank in November 2020.

“RBI and PMC Bank are presently engaging with prospective investors in order to secure best possible terms for the depositors and other stakeholders while ensuring long-term viability of the reconstructed entity,” the central bank said.

The RBI also emphasised that given the financial condition of PMC Bank, the process is complex and is likely to take some more time.

Depositors’ angst: tweets say it all

Vasu Chhabria (@vasuchhabria) tweeted: “Reqst PMCBank Reconstruction/Resolution on war footing. Depositors losing lives. Pls don’t punish innocent citizens tax payers.

“Delay is costing lives. 19 months passed 118 depositors dead. What is their fault? It’s their hard earned money…”

Prem Kodnani (@drkodnani) tweeted: “If corona virus symptoms 1: difficult to get tested 2: difficult to get ambulance 3: difficult to get bed 4: difficult to get oxygen 5: difficult to get Remedesivir 6: to get all this, we require money…”

Srikanth Iyer (@SrikanthIyer10) tweeted: “Pls have humanity towards us v r also citizens of India rescue us by merging Pmc Bank with nationalised bank immediately it’s need of the hour…We can’t have access to our own hard-earned money.”

PMC bank was placed under RBI Directions with effect from the close of business on September 23, 2021, due to a huge fraud perpetrated by the promoter of a real estate group and some bank officials.

The Centrum-BharatPe combine is believed to be the front-runner in the race to buy PMC Bank.

As per the EOI floated by PMC Bank in November 2020, subsequent to commencement of the normal day-to-day operations, it will be open for the investor(s) to convert the bank into a Small Finance Bank (SFB) by making an application to RBI, subject to compliance with the RBI guidelines on Voluntary Transition of Primary (Urban) Co-operative Banks (UCBs) into SFBs.

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Useful tips to avoid falling prey to bank mis-selling

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In investing, as in life, it is useful to learn from other people’s mistakes. Some retail investors lost big money in Yes Bank’s Additional Tier 1 (AT-1) bonds last year, after Reserve Bank of India decided to write them off as part of a bailout package. But how did safety-seeking depositors in Yes Bank end up owning these risky bonds where the principal could get written off? SEBI’s order in this case offers some learnings on how you can avoid falling victim to mis-selling.

Get it in writing

In their complaints, the 11 investors said that it was the attractive pitches from their bank’s wealth managers that convinced them to buy the bonds. Some were told that AT-1 bonds were ‘super FDs’. Others swallowed the claim that they were ‘safer than Yes Bank FDs and equity shares.’ Some investors even thought they were merely renewing their FDs with the bank at a higher rate.

Given that none of the above statements were true, it is unlikely that the bank’s relationship managers made these claims in writing to the investors. They were simply taken in by verbal sales pitches.

While selling AT-1 bonds, bank managers were mandatorily required to share two documents with investors – an information memorandum and a term sheet. Asked by SEBI why they didn’t do so in this case, they either claimed that they did, or argued that investors ought to have checked these documents for themselves from the BSE website where they are posted.

Most of us are in the habit of investing in financial products based merely on an application form. The Yes Bank case shows just how injurious this can be to our wealth. Today, no financial product can be sold to you without a formal offer document, information memorandum, term sheet or prospectus. If you’re given only an application form, don’t hesitate to ask for and get hold of these additional documents.

The depositor isn’t king

SEBI’s findings show that of the 1,346 individuals who invested in the AT-1 bonds through Yes Bank, 1,311 (97 per cent) were Yes Bank’s own customers. Of these 1,311 customers, 277 prematurely broke their FDs to invest. Going by the amounts of ₹5 lakh to ₹80 lakh that these folks individually invested, wealth managers targeted the bank’s big-ticket depositors to down-sell these bonds.

While you may wonder why a bank’s staff should wean customers away from its own deposit products, this isn’t surprising.

Bank relationship managers in India have a long history of pitching all kinds of risky products to their customers from ULIPs to balanced equity funds to NCDs as fixed deposit substitutes. While they don’t receive any direct commission from such sales, their compensation packages are often linked to how much fee income they generate for the bank from selling exotic products.

So, the next time your bank’s relationship manager sounds as if he or she is doing you a favour by asking you to switch money out of your FD into an exciting new ‘opportunity’, be sceptical.

High returns equal high risk

Investors who are super-careful about avoiding capital losses in equities often turn far less vigilant when it comes to fixed income. The moment a wealth manager or distributor mentions a higher interest rate product, they’re quite eager to switch to make the switch. But the correlation between high returns and capital losses is actually higher with debt instruments than it is with stocks.

In fixed income, if a borrower is willing to offer you a huge rate premium over safe instruments, it is usually a warning sign that they are more likely to delay or default on repayments. Yes Bank’s AT-1 bond investors should have questioned why the same issuer (Yes Bank) should offer its bond investors much higher interest than it does its depositors. The answer quite simply is that AT-1 bonds can skip their interest payouts completely or write off principal, if the bank’s financials are stressed.

An argument that wealth managers used to sell AT-1 bonds to individuals was that they were sound investments, as they were already owned by institutions. This is a poor argument, as risk appetite and return expectation of a retail investor is seldom the same as that of an institutional investor. Institutions that held those bonds probably invested a minuscule portion of their portfolios while HNIs took concentrated exposures.

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Key metrics bank depositors should track now

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Not only did the pandemic raise the business risks of banks but it also added more terms to the jargon used to express the financial conditions of banks. Depositors trying to gauge the non-performing assets (NPA) of a lender had to also keep an eye on collection efficiency and proforma NPAs. This stemmed from the Supreme Court’s stay on recognising bad loans until the legality of the loan moratorium’s extension was finalised. Thankfully, the apex court cleared the air through its ruling on March 23. While banks will now revert to the old format of reporting GNPAs or gross Stage 3 assets (Ind AS) in the upcoming quarters, the ruling can have immediate implications on the financials of banks, particularly for the quarter ended March 31, 2021. Depositors will now need to see the strength of the following financial metrics before boiling down on the investment decision.

Bad loans and provisioning

With the Supreme Court having imposed a standstill, the official NPA numbers reported by banks, up till the recent December quarter, didn’t reveal the accurate picture of bad loans. Hence, most lenders disclosed individual proforma NPA. This figure showed what the NPA situation would have looked like if a bank had continued to recognise bad loans without applying the court concessions.

Take a look at the December quarter financials of RBL Bank. The bank reported a drop in GNPA to 1.84 per cent from 3.33 per cent in corresponding quarter last year. However, the bank also disclosed that about 2.62 per cent of the loan book, which was also under moratorium, could have slipped into bad loans during the quarter. Put together, the bank’s proforma NPAs stood at 4.57 per cent in the December 2020 quarter.

Now with the SC having passed the judgement, new terms such as collection efficiency and proforma NPA number will be a thing of the past and banks will express these numbers under the GNPA figure. Banks might hence be required to bump up their provisions accordingly. In the upcoming results, depositors need to be cautious about any sudden NPA spike reported by banks.

That said, the situation is not alarming for all banks for two main reasons. One, many banks have carefully extrapolated the likely slippages on the moratorium book and have adequately provided for it in the first nine months of FY21. In the above mentioned example, RBL Bank has provided for 70.7 per cent of its proforma GNPAs as of December 2020.

Two, many defaulting borrowers may repay the loans before the end of March 31, 2021, fearing downgrade in their credit rating (with the SC ruling having cleared the air around this).

Besides, the higher incidence of defaults, particularly in retail loans could have been on account of the cash crunch led by job losses and pay cuts. It is expected that the RBI measures to improve systemic liquidity could have led to improving collection efficiencies of banks. Another likely succour comes from the legal recourse now available for banks ( SARFAESI Act can now be invoked post the SC ruling).

Capital adequacy

Not only will the surge in provisioning costs dent the profits of the bank, but it might also lead to a heavy charge on the bank’s capital. Banks are required to report Capital Adequacy Ratio (CRAR), which shows the bank’s capital as a ratio to its risk-weighted assets (higher bad loans imply higher risk adjustment). The CRAR describes the bank’s ability to absorb losses without diluting capital, and hence its ability to lend further.

As of December 2020, Kotak Mahindra Bank and Bandhan Bank reported healthy CRAR ratios of over 21 per cent, leaving them with ample room to absorb any shock and maintain growth at a steady rate. Other leading private banks such as HDFC Bank, Axis Bank and ICICI Bank have CRAR in the range of 18-19 per cent.

As per the regulatory requirement, a bank has to maintain a minimum CRAR of 9 per cent, failing which it can be subject to strict actions from RBI, such as curbs on business operations, branch expansion, etc. In extreme cases the RBI may even put the bank under PCA (Prompt Corrective Action).

The RBI in its financial stability report had estimated that about 3 to 5 banks (varying from baseline to severe stress case scenarios) may fail to meet the minimum capital requirements by end of March 2021 out of the 53 scheduled commercial banks.

A few banks have been raising capital to make good the anticipated deficit. For instance, Bank of Baroda, that reported a CRAR of 12.93 per cent as at the end of the third quarter of FY21, has raised capital through the QIP route to the tune of ₹4,500 crore in the first week of March.

Depositors need to be wary of banks that have not prepared themselves of such steep decline in their capital adequacy ratio in the coming quarters.

Margins

Higher NPAs have a two-fold effect on profits; on one hand while additional provisioning can dent profits, interest reversals for loan accounts that have now turned bad, on the other hand, impacts interest income. This can dent their net interest margins.

Besides, the SC ruling on compound interest during moratorium warrants more interest reversals on part of banks. As per the judgement, banks cannot charge any interest on interest (compound interest) during the moratorium period and any amount so collected must be refunded or adjusted from subsequent instalments due. While the Centre had already relieved small borrowers (those with outstanding loans of up to Rs 2 crore) of such compound interest, banks have now requested the Centre to foot the bill for the remaining borrowers as well. This is a bid to avoid a dent their bottom-line.

However, the effect of these interest reversals can likely be set off with good credit growth in the March quarter. According to consolidated bank data from RBI, the scheduled commercial banks reported a credit growth of 6.5 per cent (yoy) in February 2021. While this is lower than 7.3 per cent in February 2020, credit in the country is gradually improving from the lows of 5.8 per cent witnessed in September 2020.

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HC to RBI, BFSI News, ET BFSI

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The Delhi High Court on Monday said that according to the Supreme Court’s decision on withdrawal of money by depositors of scam-hit PMC bank for exigencies, exceptions can be carved out for urgent medical and educational requirements.

A bench of Chief Justice D N Patel and Justice Jyoti Singh asked the depositors, whose needs have been highlighted before the court in a PIL, to once again approach the RBI-appointed administratorof PMC bank giving details of their financial needs along for medical or educational reasons within three weeks.

The bench asked the administrator to look into the applications by the depositors and take a decision within a further period of two weeks and communicate the same to the court before the next date of hearing on February 26.

During the hearing, the Reserve Bank of India (RBI) told the court that the apex court asked it to consider the educational and medical requirements of depositors as per directives issued by the top bank.

RBI said its directives only provide for considering medical emergencies and not educational emergencies which everyone would have.

The bench, however, said the apex court has clearly mentioned both medical and educational emergencies and it was going to go by that.

The court was hearing an application by consumer rights activist Bejon Kumar Misra seeking directions to the RBI to consider other needs of PMC Bank depositors such as education, weddings and dire financial position, not just serious medical emergencies as being done at present.

The application was filed through advocate Shashank Deo Sudhi in Misra’s main PIL seeking directions to the RBI to ease the moratorium on withdrawals from the Punjab and Maharashtra Cooperative (PMC) Bank during the coronavirus pandemic.

Sudhi, during the hearing, contended that the apex court order had come when the situation was normal and now during the pandemic, the depositors have been able to withdraw only a total of Rs one lakh since restrictions on withdrawals from the bank was imposed by RBI in September 2019.

He argued that it was very difficult for depositors to meet their various needs from just Rs one lakh in more than a year.

RBI argued that while it sympathises with the plight of the depositors, but everyone would have some or the other financial emergency and if money to the tune of Rs five lakh was released to all, as provided in case of medical emergencies, the bank would go under and depositors would not get their entire deposits back.

RBI said it was trying to keep the bank functioning in the interests of the depositors and had floated an expression of interest for investing in it and has received some bids.

The PMC Bank has been put under restrictions, including limiting withdrawals, by the RBI, following the unearthing of a Rs 4,355-crore scam.



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