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SECURITIZATION –
CURRENT PRACTICES AND FUTURE
PROSPECTS
WITH SPECIAL REFERANCE TO BANKS HEADQUARTERED
IN DELHI AND HARYANA
PRESENTED BY
MUDASIR AHMED
MIR
THE UNIVERSITY
OF KASHMIR
CONTENTS
OBJECTIVE OF THE STUDY.
INTRODUCTION TO SECURITIZATION.
SECURITIZATION IN INDIA.
● Fourth level
● Fifth level
STAGES IN THE PROCESS OF
SECURITIZATION
§ THE ORIGINATOR DETERMINES WHICH ASSETS HE WANTS TO SECURITIZE FOR RAISING FUNDS.
§ THE SPV ACQUIRES THE RECEIVABLES UNDER AN AGREEMENT AT THEIR DISCOUNTED VALUE.
§ THE DEBTORS ARE /ARE NOT NOTIFIED DEPENDING ON THE LEGAL REQUIREMENTS.
§ THE SERVICER COLLECTS THE RECEIVABLES, USUALLY IN AN ESCROW MECHANISM, AND PAYS OFF
IN CASE OF DEFAULT, THE SERVICER TAKES ACTION AGAINST THE DEBTORS AS THE
SPV’S AGENT.
MAIN PARTIES
1. THE ORIGINATOR: THE ENTITY ON WHOSE BOOKS THE
ASSETS TO BE SECURITIZED EXIST.
OTHER PARTIES
THE OBLIGOR/S: THE ORIGINATOR'S
DEBTOR THAT IS THE BORROWER OF THE
ORIGINAL LOAN.
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SECURITIES ISSUED BY SPV
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SECURITIES ISSUED BY SPV
(contd…)
ON THE BASIS OF
UNDERLYING
Ø EXCESS SPREAD.
Ø OVERCOLLATERALIZATION.
Ø RESERVE ACCOUNT.
Ø CREDIT TRANCHING.
Ø CASH COLLATERAL.
TYPES OF CREDIT
ENHANCEMENT
EXTERNAL CREDIT ENHANCEMENT REFERS TO CREDIT
ENHANCEMENT PROVIDED BY THIRD PARTIES.
Ø LETTR OF CREDIT.
Ø INSURANCE.
STRUCTURED ISSUANCES.
ASSET-LIABILTY
MISMATCH.
DISADVANTAGES OF
SECURITIZATION
DISADVANTAGES TO THE DISADVANTAGES TO THE
ORIGINATOR INVESTOR
RISKS OF IMPAIRMENT.
RISKS TO THE FINANCIAL
SYSTEM
REPLACES ONE INTERMEDIARY WITH
MANY.
SECURITISATION,
CHAPTER I - PRELIMINARY
SHORT TITLE AND
COMMENCEMENT.
SARFAESI ACT (contd…)
THE SARFAESI ACT AIMED AT ERADICATING THE SHORTCOMINGS OF ALL THE
PREVIOUS LEGISLATIONS FOR RECOVERY OF DEBTS AND TO BRING THE
FINANCIAL INSTITUTIONS AT PAR WITH THE REST OF THE WORLD BY
STRESSING MORE ON THE RECOVERY PART RATHER THAN ASCERTAINMENT
PART FOR DUES
THE INTENT OF THE ACT FOCUSES ON THE BAD LOANS ARISING OUT OF A
SYSTEMATIC BANKING CRISIS IN THE COUNTRY AND NOT ON THE BAD
LOANS ORIGINATING FROM BAD LENDINGS IN THE USUAL BANKING
OPERATIONS.
AND MATTERS
ASSET CLASSIFICATION.
INCIDENTAL THERETO.
INVESTMENTS.
OWNED FUND.
INCOME RECOGNITION.
PERMISSIBLE BUSINESS.
DISCLOSURES IN THE
ASSET RECONSTRUCTION
BALANCE SHEET.
EXCEPTIONS TO SECURITIZATION
A LIEN ON ANY GOODS, MONEY OR SECURITY
GIVEN BY OR UNDER THE INDIAN CONTRACT ACT
OR THE SALE OF GOODS ACT OR ANY OTHER LAW
FOR THE TIME BEING IN FORCE.
A PLEDGE OF MOVABLES.
INDIA’S FIRST COLLATERALIZED DEBT OBLIGATION (CDO) DEAL BY ICICI BANK IN 2002
SKS ENTERS INTO RS 200 CRORES SECURITIZATION DEAL WITH ICICI BANK IN 2009.
STUDY OF DATA
RESEARCH METHODOLOGY
THE CURRENT STUDY IS A DESCRIPTIVE ONE DESIGNED TO EVALUATE THE PRESENT
SITUATION OF SECURITIZATION AND ITS FUTURE PROSPECTS. THE RESEARCH IS
FOCUSED ON THE BANKS HEADQUARTERED IN DELHI AND HARYANA REGION.
OUT OF THE BANKS MENTIONED ABOVE, A SAMPLE OF THREE BANKS VIZ PUNJAB
NATIONAL BANK, PUNJAB AND SINDH BANK AND ORIENTAL BANK OF COMMERCE
WAS STUDIED. A WELL DESIGNED QUESTIONNAIRE WAS ADMINISTERED TO ALL THE
THREE BANK RESPONDENTS TO GATHER INFORMATION ABOUT SECURITIZATION DEALS
AND OTHER RELATED ASPECTS.
ANALYSIS OF
Issue DATAOriental Bank of
Punjab National Bank Punjab & Sindh Bank
Commerce
Active in
Yes Yes Yes
Securitization
Category of loan
NPA NPA NPA
assets sold
Type of securitization ABS & MBS ABS ABS & MBS
Method of Both Single Loan & Both Single Loan & Only Single loan
Securitization Portfolio Approach Portfolio Approach Approach
Increase in Single
Yes Yes Yes
Loan Sell downs
Treatment of
As per RBI guidelines As per RBI guidelines As per RBI guidelines
Profit/Loss
Criterion for • Age of account.
selection of loans to Recoverability Type of loan
• Recoverability.
be sold
• Head office.
Decision making
Head Office Head office • Zonal Offices
authority
( Upto a limit)
RC/SCs, Banks,
Assets sold to RC/SCs Only ARCIL
NBFCs.
Securitization of
No No No
Standard Assets
Types of Securities
None None None
issued
ANALYSIS OF DATA
(contd…)
Asset-Liability
mismatch due to No No No
issue of PTCs
Securitization deal
with synthetic No No No
structures
Preferred
Geographical Where stamp duties
None None
Location of accounts are least
to be sold
• Stamp Duties
• Reserve Price Low price offered by • Stamp duties
Major impediments • Treatment of Non- ARCs • Court Intervention
Funded accounts
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MAJOR ISSUES
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ISSUE I – SECURITIZATION OF
STANDARD ASSETS
NOT PRACTICED BY THE BANKS UNDER STUDY.
REASONS CITED
Ø NO INCENTIVE.
Ø ENOUGH LIQUIDITY.
Ø
ADEQUATE CAPITAL.
HOWEVER:
Ø ADEQUATE CAPITAL AT PRESENT WON’T SERVE FUTURE GROWTH
OBJECTIVE.
Ø LIQUIDITY IS A SHORT TERM PHENOMENON.
Ø FUNDS LYING IDLE IN BALANCE SHEETS CAN BE PUT TO BETTER USES.
ISSUE II – SALE OF NPAs
PRACTICED BY THE BANKS UNDER STUDY.
REASONS CITED
Ø RECOVERY OF BAD DEBTS.
Ø CLEARANCE OF BALANCE SHEET.
Ø CAPITAL RELIEF.
Ø RECYCLING OF FUNDS.
HOWEVER:
Ø USED WITH THE SOLE INTENTION OF
CLEARING BALANCE SHEETS.
RESULTS
AND
RECOMMENDATIONS
RESULTS
NO BANK IN THE AREA UNDER STUDY HAS UNDERTAKEN SECURITIZATION OF
STANDARD ASSETS AND ALL OF THE BANKS HAVE UNDERTAKEN SALE OF
DISTRESSED ASSETS ONLY.
INTRODUCTION OF CMBS.
LIMITATIONS
OF THE
STUDY
LIMITATIONS
RESEARCH CARRIED WITH VARIABLES ACTING ON RESEARCH
SETTINGS, MAY DIFFER FROM ACTUAL ENVIRONMENT.
SUBJECTIVITY OF RESPONDENTS.
SECURITIZATION by
“Frank J. Fabozzi and Vinod
Kothari”
Ø CREDIT DERIVATIVES
AND SYNTHETC
SECURITIZATION by
THANKYO
U