ARE LOAN MORATORIUMS A VIABLE SOLUTION TO THE ALREADY DISTRAUGHT BANKING SECTOR?: SOWJANYA S

 


Introduction- The Covid 19 had hit the world economy the worst in recent decades. In India, the lockdown started in March 2019 and continues till today. The Pandemic had affected the all spheres of the economy and banking sector serves no exception. The World Bank perceives that the “global economy will shrink by 5.2% this year”[1] and states that ‘the shutdown measures to contain the spread of Covid 19 have plunged the economy into severe contraction [2]’. In this contemporary state of the global slowdown, the Reserve Bank of India on May 23rd 2020, announced the extension of the moratorium on loan payments till August 31st 2020.

 

Extension of Moratorium by RBI- In General terms, Moratorium is “a period of permissive or obligatory delay; specifically, a period during which an obligor has a legal right to delay meeting an obligation[3]”. Usually, Banks provide few months of the waiting period or moratorium period, during which the EMI need not be paid. The best example is the Educational loans sanctioned to students.

To combat the distress caused by Covid 19, on March 27th 2020, the RBI allowed Banks and other Financial Institutions to allow a moratorium period of 90 days. Again, the RBI vide notification dated May 23rd 2020 notified the ‘extension of moratorium by another three months i.e till from June 1, 2020, to August 31, 2020’[4].  The RBI stated that - “In view of the extension of lockdown and continuing disruption on account of COVID-19, all commercial banks (including regional rural banks, small finance banks and local area banks), co-operative banks, All-India Financial Institutions, and Non-banking Financial Companies (including housing finance companies) (“lending institutions”) are permitted to extend the moratorium by another three months i.e. from June 1, 2020 to August 31, 2020 on payment of all instalments in respect of term loans (including agricultural term loans, retail and crop loans)[5].”

 

Impact of extension of loan moratorium on the debtors- The primary objective of these measures by the RBI is to ease the financial liquidity of the debtors. But extension cannot be understood equivalent to waiver or suspension. The debtors need to repay the loan after the extended period with accrued interest. Therefore, by this extension either the term of the loan or the interest accrued or interest to be paid in future increases. Thus it will create an “interest on interest effect[6].”

Impact of extension of loan moratorium on banking sector- Banking sector is in a distraught due to the Covid 19 pandemic. The profitability index, cost of risk, asset and liabilities management, credit management, customer relationship, high volatility in the stock market had proven detrimental to the banking industry. Blanket extension of moratorium shall, even more, disrupt the banking sector.  The following are few of the counterproductive effects of the extension-

1.     The banks would not be able to develop appropriate credit facilities.

2.     Incremental lending would change as a difficult challenge to the banks.

3.     The liquidity of the banks would turn to be distraught.

4.     Increase in Non Performing Assets

Further, the defaulters before March 2020 might also adopt this scheme to postpone their dues.  But the blessing in disguise for the banking sector is the interest on interest factor.

Conclusion- The act of extension of moratorium acts as a double-edged sword i.e it is a reorient to the debtors and it cast high repercussions on the banking sector. Therefore, to create a balance between the debtors and the banks, the best option is financial discipline. That is, the objective of this extension is to protect the debtors those who are seriously affected by Covid. For example, in the hotel industry, the tourism industry had been affected deeply due to Covid. But the industries catering to the essential facilities are running more profitable than normalcy. Therefore enforcement of financial discipline might be a viable solution for this problem. The debtors those who have the financial capacity to repay the loans have to repay to ease the liquidity of the banks.   



[1] COVID-19 to Plunge Global Economy into Worst Recession since World War- II, (Aug 21, 2020, 1.27 Pm)  , https://www.worldbank.org/en/news/press-release/2020/06/08/covid-19-to-plunge-global-economy-into-worst-recession-since-world-war-ii.

[2] Id.

[3] Black's Law Dictionary 513 (4th ed. 1968).

[4] Notification, Covid 19 regulatory package, (Aug 21, 2020, 1.27 Pm), https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11902&Mode=0.

 

[5]  Id.

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