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A site dedicatcd to Securitisation law, Asset management companies/ asset reconstruction companies and Enforcement of Security Interests |
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What is an asset reconstruction
company/ asset management company? The word "asset reconstruction company" The word asset reconstruction company is a typical
Indian word - the global equivalent of which is asset management companies.
The word "asset reconstruction" in India owes its origin to Narsimham
I which envisaged the setting up of a central Asset Reconstruction Fund
with money contributed by the Central Government, which was to be used
by banks to shore up their balance sheets to clean up their non-performing
loans. This idea never worked: so Narsimham II thought of asset reconstruction
companies, the likes of which had already been successful in Malaysia,
Korea and several other countries in the World. To keep the tune the same
as the original idea of asset reconstruction fund, as also to give an
impression that ARCs are not merely concerned with realisation of bad
loans but they are going to do "reconstruction", that is, try and resurrect
bad loans into good ones, the word ARC has been used in India. Would the ARCs to any "reconstruction" or merely
realisation? On the face of it, it is difficult to see the
ARCs doing substantially more than mere realisation of bad loans. Even
the definition of the word "asset reconstruction" in the Ordinance talks
of mere relisation and not reconstruction. As ARCs would anyway not have
the capital to do any further funding of bad loans, it is difficult to
see them doing any such "reconstruction" to qualify for that term. Why Asset management companies or ARCs? Asset management companies have been set up
in various countries internationally as an answer to the global problem
of bad loans. Bad loans are essentially of two types: bad
loans generated out of the usual banking operations or bad lending, and
bad loans which emanate out of a systematic banking crisis. It is in the latter case that banking regulators
or governments try to bail out the banking system of a systematic accumulation
of bad loans which acts as a drag on their liquidity, balance sheets and
generally the health of banking. So, the idea of AMCs or ARCs is not to
bail out banks, but to bail out the banking system itself. There are essentially two approaches to taking
care of these systematic bail out efforts: one, leave the banks to manage
their own bad loans by giving them incentives, legislative powers, or
special accounting or fiscal advantages. The second approach is to do
the same thing on a concerted, central level, through a centralised agency
or agencies. The former approach is called the decentralised
approach and the latter approach is called centralised approach.
AMCs arise out of the second approach - that is, a centralised agency
for resolving bad loans created out of a systematic crisis. Each approach has its own advantages and disadvantages
and there is no clear evidence of any of the two being better over the
other. Various countries have tried either of the two approaches with
success stories and failures in either case. What are the advantages of an AMC approach?
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