Smart Agro Foods Ltd. is a listed entity at BSE and NSE. It started its operations since September, 2015. The Company is engaged in the business of trading of agriculture commodities. It was enjoying a working capital ca
CS Professional · Banking - Law & Practice · PYQS · June 2021
Smart Agro Foods Ltd. is a listed entity at BSE and NSE. It started its operations since September, 2015. The Company is engaged in the business of trading of agriculture commodities. It was enjoying a working capital cash credit limit of ₹ 100 lakh and from West Bank Ltd. In the month of January, 2017, the company decided to expand its business activity and to undertake the manufacturing and processing of agro commodities. The expansion plan included manufacturing of tomato catch-up, bakery biscuits & cakes and packaged sweets of Rasgulla & Gulabjamun. For this ambitious expansion plan the company came out with IPO in June, 2017 to raise the money for purchase of land and erection of factory site at Telangana, Jadhpur and Bikaner. The issue was successfully completed and the company purchased the land and erected the factory buildings at the above three places. To meet out the cost of plant and working capital at these places the company availed consortium loans from three banks, including the present banker. The various credit facilities sanctioned by the consortium of three banks in April, 2019 were as under: Credit Facility West Bank Ltd. Jodhpur Bank Ltd. Bikaner Bank Ltd. Total Cash Credit (existing) 100 100 New Cash Credit Limit 75 (For Tomato Catch-up Division) 50 (For Bakery and Cake Division) 50 (For Sweets Division) 175 Term Loan (For Purchasing of Automatic Plant for Manufacturing) 40 (For Tamoto Catch-up Division) 25 (For Bakery and Cake Division) 30 (For Sweets Division) 95 Total 215 75 80 370 The company has offered the following securities for its cash and term loan to the bankers: Security West Bank Ltd. Jodhpur Bank Ltd. Bikaner Bank Ltd. Hypothecation of Book Debts 200# 60# 65# Hypothecation of Plant & Machinery 40 50+25=75 50+30=80 Value of Land and Building 1200 (At Telangana Industrial Area where Tomato Ketch-up is manufactured) 1500 (At Jodhpur Industrial Area where Baker and cakes are manufactured) 1000 (At Bikaner Industrial Area where Sweets are manufactured) # It represents the average of the book debts during the FY 2019-20. The company's performance during the FY 2019-20 was satisfactory. However, with the beginning of the FY 2020-21 the manufacturing activity got slow down due to nationwide closure on account of COVID-19 and migration of the workers. On account of this the company was not able to pay the instalments of the term loans to all the three bankers as well as the transactions in the cash credit account were also stopped and the company was not able to service the interest charged in the cash credit account. As a result, the accounts were classified by the bankers as Non-performing accounts (NPA). The West Bank Ltd. is the Consortium Leader. By the end of the June, 2020 quarter the accounts of the company were showing problems. From July, 2020 to Sept., 2020 the company could not deposit the EMI of term loan, no stock statements were submitted in cash credit accounts and no interest on outstanding amount of cash credit could be deposited. The accounts were classified as Sub-standard in the books of all the banks. The bankers insisted for recovery of the dues. The company pleaded that security pledged/hypothecated/mortgaged with the bankers is much more than the amount outstanding in the various loan accounts. The bankers did not accept the plea, continuously pressurised the company to pay the dues of the bankers else will take legal recourses available under various lows such as, Recovery of Debts and Bankruptcy Act, 1993, Insolvency and Bankruptcy Code, 2016 (IBC) and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI). Based on the above facts, answer the following questions: Explain the meaning of Non-Performing Accounts (NPA). When banks can classify the Term loans and Cash credit accounts as Non-Performing Accounts (NPA) ?
Answer & Explanation:
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: Interest and/or instalment of principal remain overdue for a period of more than 90 days in respect of a term loan. The account remains 'out of order' in respect of an Overdraft / Cash Credit for more than 90 days. Regular / ad hoc limits not been renewed within 180 days from the due date / date of ad hoc sanction. The bill remains overdue for a period of more than 90 days in the case of bills purchased and discounted. The instalment of principal or interest thereon remains overdue for two crop seasons for short duration crops (maturing within one year). The instalment of principal or interest thereon remains overdue for one crop season for long duration crops (maturing after one year) (other agriculture loans 90 days norms are applicable). The amount of liquidity facility remains outstanding for more than 90 days, in respect of a securitization transaction undertaken in terms of guidelines on securitisation dated 1st February, 2006. 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. If minimum amount due, indicated in monthly Credit Card Statement is not paid fully within 90 days from the due date of the bill. Loans guaranteed by State Govt. the normal rules are applicable. Where guaranteed by Central Govt. loans will continued to be standard category and no provision shall be made. In case of interest payments, 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. Accounts with temporary deficiencies In addition, an account may also be classified as NPA Accounts with temporary deficiencies. 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, balance outstanding exceeding the limit temporarily, non-submission of stock statements and non-renewal of the limits on the due date, etc. In the matter of classification of accounts with such deficiencies banks may follow the following guidelines: Banks should ensure that drawings in the working capital accounts are covered by the adequacy of current assets, since current assets are first appropriated in times of distress. Drawing power is required to be arrived at based on the stock statement which is current. However, considering the difficulties of large borrowers, stock statements relied upon by the banks for determining drawing power should not be older than three months. The outstanding in the account based on drawing power calculated from stock statements older than three months, would be deemed as irregular. A working capital borrowal account will become NPA if such irregular drawings are permitted in the account for a continuous period of 90 days even though the unit may be working or the borrower's financial position is satisfactory. Regular and ad hoc credit limits need to be reviewed/regularised not later than three months from the due date / date of ad hoc sanction. In case of constraints such as non-availability of financial statements and other data from the borrowers, the branch should furnish evidence to show that renewal/review of credit limits is already on and would be completed soon. In any case, delay beyond six months is not considered desirable as a general discipline. Hence, an account where the regular / ad hoc credit limits have not been reviewed / renewed within 180 days from the due date/date of ad hoc sanction will be treated as NPA. Advances against Term Deposits, Kisan Vikas Patras, National Savings Certificate and insurance policies need not be treated as NPAs as long as adequate margin is available in the account. Advances against gold and other securities are not covered under this exemption.
Topics: Non-Performing Assets (NPA)
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