Banking_restructuring Article Of Adv Acc

Article

Banking Restructuring Submitted By Muhammad Laraib SP07-BB-0082

To Sir Mansoor Tallat

Advance Accounting

Muhammad Ali Jinnah University

Banking Restructuring – Lessons for Georgia Restructuring: concept, goal and contest. Termini restructuring is of Latin origin and means changing-improvement of the structure of some object or system, i.e. its forms and consistence (morphology). It basically means unchanged character of directions of its functioning. They use restructuring from large plan in the economical texts mostly with debts, including foreign ones, payments and taxation (trade) balance, corporation sector of the economy and of separate enterprises, of banking system entirely and separate banks (other credit organizations). Its basic elements are: •

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eradication and minimization of negative influence of bad macroeconomic, political and other common factors upon situation and perspectives of functioning of banking system; improving systemic organization (structure, kinds, types) of totality of credit organizations, creation of conditions for effective and civil competition among them; improving legislative base for mutual-advantage collaboration and organization-economic mechanisms among credit organizations and their clients; increasing quality of managing entire banking system and its separate elements; financial cure of separate banks and other credit organizations; effective (with minimal social experiences) liquidation of vital credit organizations.

Foreseeing these elements, we can state following definition: restructuring banking system in managed process of its global readjustment (improvement), supported by changing in industrial, cash, taxation, budgetary and information policy, also in the policy of the banks themselves, and which is directed towards formation of banking system adequate to effective, trustful and dynamically developed modern requests. According to this definition, restructuring effective, stabile and healthy banking system in not needed (though, it is possible to improve or reform it). Thus, restructuring is a cure (curing something that is not healthy), i.e. restructuring may be understood and must be understood

to be the process, with the help of which banking system of concrete country transit to the new level of development. It is also evident, that restructuring is curing of such systems, which are in crises and can not get out of it without help. Finally, from the point of restructuring (privately displaying necessity of financial curing) we must discuss absolutely every bank. In this case, restructuring, as a process of readjustment, seems to have its own instrumentation, which will not be bounded only with the instruments of ordinal procedure banking management? According to the mentioned above, we can make main goal of restructuring process of banking system - its recovery and taking its movement to the relatively new trajectory, at which it already gains earlier lost potential of progressive development and becomes adequate to the real sector of the economy again. •

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In relation with this, we must pay attention to the following principle requests towards the context of the process to be discussed: activities provided in relation to the restructuring will be profitable only in case, if we foresee not only reasons of banking crisis, but also define those fundamental; defects of economical relations, which make banking system viable at the modern stage; restructuring of banking system, which, in fact, must give rise to its reanimation in the earlier condition, doesn't solve problems neither of whole system, nor of the country economy; it is necessary to process not only tactical activities before starting the process of restructuring, but also to set strategic objects: to receive such structure of banking, which will be adequate to the goals and functions standing towards the banks at the new stage;

while processing activities of reforming banking system they must clearly define a circle of those problems, which must be solved during the process of reforming with the help of renewed banking system and they must set the price of activities; Effective restructuring requests combined methods of approaches towards the problems. World practice processed principles and methods of approaches of solving banking crisis, approbation of which showed their sufficient effectiveness. It is nonprofessional and not expedient to use some principles and refusing others; A process of solving crisis may not be fast, simple or cheap.

Th8is common goal, mentioned above, in its turn, may be concreted into the list of those problems, working at which must form real concept of restructuring process according to the conditions in modern Georgia: 1. eradication of conditions provoking banking crisis, solving problems in relation with banking sphere and real sector; 2. financial curing of those problematic banks, which have kept viability and perspectives of development, also state support of those banks, which have abilities of effective usage of this aid; 3. providing trustful satisfaction of basic current requests on bank services (payments and short-termed crediting) of the industrial subjects; 4. foundation of a new, more complete structure of banks and other credit organizations (according to the forms, measures of the property, regional distribution and so on); 5. Creation of more complete rules and instruments regulating new rules of banking activities and of this activities; 6. Creation of conditions. Mechanisms and stimuli for turning banks to the side of enterprises, for their involving into the process of further production, also overcoming inflexibility of the banks in the process of solving investment problems; 7. Recovering trustfulness among banks; 8. Recovering trustfulness in relation with the banking system, appearing stimuli among population for putting their savings on the accounts; 9. Creation of the stimuli for increasing responsibilities and effectiveness of the bank managers; 10. Civilly closing of not viable banks and fulfillment of the mechanisms of their liquidation. There is an idea about the fact, that main goal of restructuring banking system is recapitalization of the banks (recovering lost a capital and its further growth), but it is not quite correct: since today the hardest problem is, that a spectra of profitableness and trustfulness of capital investment is very tight. Some bankers offer such understanding of restructuring and such pragmatic activities of radical reforming of banking system, the essence of which finally has been brought to the regrouping of the almost bankrupted banks according to the principles of specialization (specialized banks working in the country scale, banks oriented towards export or those obligated in the groups of large enterprises, also regional banks). they meant, that new "system forming" groups would obey to the strict control of appropriate governmental structures or groups of enterprises, in exchange of it, it will have right for working

on budgetary resources. Suggestions of separate bankers were not related with the problems of recovering whole banking system. We can form basic problems of restructuring banking system in the following way: Transiting to the foundation of a healthy market banking system by readjustment of separate problematic banks, providing structural reform of banking system; Increasing whole capital of banks and filling banking system with longtermed resources; Creation conditions stimulating growth of the quality of market commercial banks, including those in the regions. Main goal of restructuring program must be: creating such layer of technological market commercial banks, which provides marketing policy and makes basic profit from credit-operations. It is interesting, that within the bound of 2-3 years program share of such capital in the banking system may reach up to 30-40%, and credit share in the credit portfolio of banking system - 30%. Share of profit made from crediting in whole income of banking system must not be less, than 6%. Half of such healthy banks must still function in the regions. The concept of those first steps, which must make foundation to the realization of effective program of restructuring banking system, must be formed in this way: 1. processing a conception of developing banking system and its taking as a manual 2-3 years earlier; 2. consisting a program on working at the passed liabilities and its realization; We mean that a special state organ working on restructuring purchases from the banks their "bad money;. 3. realizing recapitalization of the banks. we mean, that the same or other state organ enters the capitals of the banks for a little time, increases this capital and credit potential of the banks and then sells its share in the capitals of the banks; 4. passing the law about guaranteeing deposits of the people in the commercial banks on time; 5. creating equal conditions for competition and development of every bank. We must refuse other banks "having social importance", "forming a system" and somehow "related" with somebody; 6. clear formulating of the role of government and state banks in the banking system;

7. realizing evident support of regional market commercial banks; 8. creating effective mechanisms of developing infrastructure of the banks and their functioning; 9. changing a system of taxation of commercial banks; 10. processing and realization of activities refinancing commercial banks by the central bank; 11. creation and realization of the package of legislative and organization activities developing hypothec crediting; 12. fastening the process of transiting commercial banks to the international standards of accounting Restructuring: principles and conditions. We can name following to be the obligatory principles (main rules) of the process restructuring banking system: A principle of solidary obligations. The essence of it is, that in the mentioned process there participate (with out resources) and coordinate the banks themselves (in the first place - the owners), their creditors and the government. It is impossible to restructure banking system without state support. Though, it is evident, that the state will not be able to support every bank, having extremely reduced resources. Accordingly, the banks in the first place must try to solve their problems independently and the managers and creditors of the cured banks must stand on the advantage position. The principle of minimizing loss and expenses. It says, that while realizing restructuring we must consider those activities, which give the opportunities of overcoming crisis with the less budgetary expenses (financial expenses of the society) and with little loss from the side of banking system and the clients of banks to be more prior. Liquidation of problematic banks is much losable, but socially more difficult way. It needs especially measured method of approach towards the problems of the depositors the banks to be liquidated. Fast liquidation of not solvent banks may deepen the crisis (an Indonesian example in 1997-1998). According to the estimation of numbers of experts, best way out of it is confluence of the problematic bank with the healthy one, though this is quite doubtful recommendation. A principle of minimizing liquidation requests to give priorities to the activities of reorganization and support and not bankrupting in the process of restructuring and financial curing. A principle of just distribution of expenses on restructuring mean, that the stated part of expenses on curing banks must be compensated by those, who receive risks related with these banks, are responsible for

their loss and make profit after restructuring (i.e. participants of the banks, its highest administration). Economical obligation of not solvent managers and owners of the banks may be expressed, for example, by adequate reduction of their own banking capital, their participation in the restructuring process in the way of additional entering in the bank capitals. Part of the loss may be covered at the expense of the depositors. A principle of strategic method of approach means definition of the strategic problem, what kind of banking system is wanted by the society after restructuring (in the condition if it conforms to the new purposes and functions of the banks at the new stage). Only after this they must select advantage and agreed activities, which may be recommended for readjustment of separate banks and its entire system. A principle of complex method of approach means, that a system defined by the program must be fulfilled completely. It is impossible to bring whole concept of reconstruction process to its separate consisting parts (for example, everything mustn't be bounded only with solving financial problems displayed in one concrete period of time). We can name such principles of providing restructuring, as transparency (necessity) of distributing expenses related with it, strengthening management of those banks, which are supported by the state, encouraging independent adaptation of the banks with the changed situation and others. Following conditions of restructuring are also of great importance: 1. Success of reconstructing banking system is in close touch with how much clearly and knowing affair they formulate long-termed problems, industrial, structural and financial policy. For example, crediting enterprises, especially of large ones, is possible only in the case, if it is effective, if it leans upon clear state strategy. It is an important condition without which bank restructuring may not be successive. 2. For successiveness of restructuring banking system it is the most necessary to recover and develop such conception, which will conform to the main economical goals. This conception may be oriented towards fulfillment of objects of operative character (recovering a mechanism of payment, solving other problems). 3. It's not real to try restructuring banking system, apart form reforming and restructuring the surrounding, in which bank functions. This request in the first place touched upon real sector

of the economy and its active enterprises. Banking system is a kind of "built" and its successful restructuring is able by knowing what the basis is like, i.e. what kind of economy shall it support. Concrete requests and possibilities of real economy are the main criteria defining, what the banking system must be. Solving problems of real sector requests advantage economical policy of the state. In every case, real sector and banking system also needs concrete orienteer, which themselves appear to be additional stimuli of development. 4. Restructuring of banking system must be outrun by curing of money and credit relations. Here curing of money relations must play leading role (privately avoiding barter and other cash-free "payments" in the economy). This needs providing activities stimulating investments in real sector of the economy, because it is impossible to come out of the economical crisis in other case. 5. Restructuring banking system is impossible without staff revolution. Specialists of short-termed financial speculations must master either modern directions or give the way to those professionals, who can work with the real sector, have knowledge and ability in the part of estimating and managing investment and industrial risks. 6. Restructuring banking system requests important correcting of legislative and normative base. According to the mentioned above, we can separate some leading questions about restructuring banking system, on which there still is no satisfying answers. •

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What was the main reason of the situation, in which the banks appear? It's thoughtful, that we must make choice among situation in real economy and peculiarities of bank activities. We consider it not to be correct to oppose two reasons to each other this way in our concrete conditions. What must turn into the basic concept of restructuring process (important consisting part)? Managers of central banks give different answers to this central question. There are such variants not conforming to each other: 1. financial curing of those problematic banks, which keep viability and perspectives of development; 2. rising the level of capitalization of the banks; 3. curing money relations; 4. recovering not as much of banks, but cash-credit relations; 5. creation functionally new banking system. What must the structure of banking system be, formation of which is purposeful? This is a principal problem. It is necessary to clear everything related with this. The banks must have an "assortment" if there is no other variant to be received.

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What must a conception of recovering and developing banking system be? Privately, following questions still remains to be doubtful (more in practice, then in theory): must we consider basic direction of curing banks their reorganization and readjustment, which concerns financial and other support and structural reforming?

Foreign experience of restructuring banking system. Bank reconstruction is not a unique problem. Banking crisis has been noticed almost in 70 countries during 20 years. A process of recovering balance has been continuing very difficultly everywhere and the state participated in them (though, scales of this participation were different in the different places and periods. Sometimes reasons of the crisis coincided with each other, sometimes they were specific. But forms of their solving coincided in many cases: stabilizing crediting, filling own capital of the banks, purchasing their assets (including passed debts) and others. As a rule, basic financial heaviness leaned upon the state directly, or in the way of financing specially founded agencies by it. USA was a pioneer in the field of banking restructuring, where a system of guaranteed deposits and a special institute managing these deposits has been founded under the influence of the crisis in 19291933. This institution was a federal corporation insuring deposits (FCID).Next stage of restructuring banking sphere is related with the series of banking crisis took place in absolutely different countries during last 20 years. In 1980-1991 1300 banks and 1400 borrowing-saving associations stopped existence in the USA. According to the different estimations, restructuring banking system cost 300-500 billion dollars (5% of the WIP). In 1995 banking crisis took place in Japan, in 1994-1995 - in France, in 1989-1990 - in Australia, in 1987-1989 - in Norway, in 1991 in Sweden, in 1991-1993 - in Finland, in 1980-1982, 1900-1991 and 1995 - in Argentina, in 1990, 1994-1995 - in Brazil, in 1981-1982, 1990-1991 and 1995 - in Argentina and Mexico, in 1982-1984 - in Chile, in 1994-1995 - in India, in 1994 - in Indonesia, in 1985-1988 - in Malaysia, in 1981-1987 - in Philippines, in 1991-1995 - in Hungary, in 1990s - in Poland, Bulgaria, Lithuania, Latvia, Estonia and others. In some countries systemic crisis used to be repeated periodically. Some countries were able to avoid systemic basic crisis with the help of having insurance system, in the first place, at the expense of effective banking management and regulation. Price of restructuring banking system is very different: 5% of WIP in the USA, 10 - in Hungary and Brazil, more, then 40 - in Chile and 55% - in Argentina.Central banks can support problematic banks in the crisis

situation, especially in case of spoiling their current liquidity. In Venezuela, eight not solvent banks used special lines of liquidity for compensating money resources. Though, they were not able to cover borrowed sources in the future. In other cases, crediting is an important step of central banks. They are supported during banking crisis and give them resources and terms for restructuring credit organizations. A long termed support provided by the central bank of Poland is a good example of it, when it purchased low profitable shares and long-termed bonds from the banks. Granting long-termed credits by the central bank sometimes depends on creation of complex plans of improving situation by the banks (list of stated activities and expected results). Reducing the level of obligatory reserves (or increasing percentage payments on them) is another way of supporting banks, for example, part of obligatory reserves of deposits poste restates were set free for financing purchasing certificates of termed deposits of the institutions, which had been working by the program of restructuring banks. They use special tax advantages very seldom in the process of bank restructuring. Notwithstanding this, Brazil used tax stimuli for encouraging confluence: "swallowed" bank could exclude then value of not active credits, "the sallower" received credits equaled to the distinction between the purchase and balance prices. Some countries use tax stimuli for shares and bonds issued during the realization of restructuring program. They somehow make the rules of regulation and management under the conditions of restructuring banking system simple. They compensate this by creation such middle-termed system of regulation and management (in the crisis period), which foresees risks of banking activities more adequately. To save the banks being in hard position actions provided by the state may support weakening the feeling of responsibility of the banks. In such conditions, the following is of great importance not to give rise to the weakening encouragement of irresponsible behavior of the banks in the future. It is considered, that it is necessary to grant a sum for making large profit and participants of the banks must be responsible for their obligations. They requested from the banks to discard a capital partially a conditions for making support in South Korea; the state obliged itself with bad debts of credit organizations in Mexico only in case if its participants used to make additional income; while bankrupting of credit organizations in Brazil and India, their

participants were obliged to enter additional sum equal to the size of their initial entering in the nominal fund. Herewith, participant of the banks are not always obliged with the responsibilities, for example, in case of the loss received from those credits, which are granted by banks by the state indications, it is necessary to range the size of responsibility, as the participants may not have possibility for solving problems in the credit organization because of the not having transparency and of the organization calculations and other reasons. They founded specialized institutions in the most part of the countries during restructuring banking system, which have been obliged with the problems of managing this process. A government and central banks of many countries solved problems with bank crisis and restructured own banking system in different ways. Practice has shown up, that there is neither ideal form of restructuring, nor the universal strategy of normalizing situation in banking sector. Very often this or that action depends on concrete occasion. Notwithstanding this, we may separate total signs of successful programs, which have been realized abroad: the fastest definition of the scales of problems, its recognition on the state level and readiness of the government for granting important financial resources for solving problems; passing transparent, activities adequate to the essence of the problem, moving “bad” assets from the problematic banks off; processing complex, transparent, operative program, its correct and successive development; fulfillment of the procedures of banking management. Chile. A complex of activities. Large scaled restructuring of banking system in Chile has started since 1984, when a central bank of the country started granting stabilizing credits for supporting liquidity of the banks and purchasing their not trustful credits or changing not active assets on liquidity. Deregistration of the bank debts took place in the way of turning creditors into the shareholders. State became a guarantor for foreign debts of the private banks. Size of the debts transited to the central bank of Chile by the end of 1985 overcame whole capital of problematic banks 3 times and consisted 6

billion dollars (25% of WIP). About 60% of expiated credits were changed on its bonds by the central bank. They involved straight state control in numbers of system forming banks of the country. Recapitalization of the banks transited under the state control used to be realized in the way of additional issuing of the shares placed among small and middle investors. A state corporation of supporting development (CORFO) worked on this program. Results. The banks practically fulfilled their obligations in the part of the deposits of physical and juridical persons with the help of the used activities. Though the quantity of national private banks was reduced from 22 to 15, but they were able to keep every large bank and improve their working by 1987. After 1996 every commercial bank of Chile has been considered to be competitionable. The value. By the end of 80s, expenses provided on restructuring banking system of Chile consisted from 30 to 40% of the country WIP. Mexico. A complex of activities. Restructuring of banking system in Mexico has been started in 1995 after devaluation of national currency and strengthening of financial situation, which followed devaluation. One of the nominal activities of Mexican bank (main bank of the country) was involving special calculation unit UDI (unidades de inversion), which was indexed with the level of prices. Whole assets of the banks were calculated by it, for avoiding devaluations of credit portfolios of the banks. Basic organ working on restructuring banks was banking fund of protecting savings (FOBAPROA). During the process of readjustment it expiated securities from the bank and banks provided deposing of received resources in the Mexican bank. They gave five years to the banks for expiating these papers. In other cases they were going to convert them into the shares of these banks and their realization at the market. For solving problems with foreign debts of national banks central bank granted short-termed currency credits from these banks to them, who passed payment of these obligations. At the same time FOBADROA published doubtful assets of commercial banks. Herewith, the shareholders, in its turn, were obliged to enter sums equal to the half of resources granted by FOBAPROA. Banks were to enter resources received from this operation into the 10 year bonds.

They involved outer management of problematic banks. In some cases they granted their shares to the foreign banks. At the same time they supported bank debtors, provided restructuring of their liabilities. Results. With the help of restructuring Mexico could avoid destroying of banking system. Deposits of the people practically were not defected. They kept trust of foreign investors in the banks of the country. The value. Restructuring of banking system of Mexico costs 60-65 billion dollars (about 14.5% of national WIP). Argentina. A complex of activities. State governmental organs in Argentina supported more trustful banks for solving problems of banking crisis. They used differenced method of approach. They separated banks into several groups: I group – Middle and large banks having temporal problems of liquidity because of loosing clients. They granted them credits of central bank of Mexico and Bunco de la nacio Argentina; II group – small banks, which were to confluence with large, relatively healthier banks or were to be swallowed by them; III group – small banks, which were at the edge of bankrupting. They stopped operations in these banks and they desired to readjust, sell and liquidate them; IV group – 12-15 state banks owned by the administration of Argentinean provinces, which were to be privatized. Expiation of “bad” debts was provided not by state agencies, but file largest commercial banks, which founded a special trust-fund in January 1995 together with the central bank. For compensating provided expenses they reduced a normative of reserved requests. Results. A complex of anti-crisis activities in Argentina provided stabilization of banking system in one year. Though during this period position of foreign banks were significantly strengthened. There share in the total assets of banking system of the country drew up 42%. The value. Expenses wasted on restructuring banking system of Argentina drew up 2.5-3.5% of the country WIP according to the various estimations. Scandinavian countries. A complex of activities. notwithstanding distinctions in the reasons provoking crisis in every Scandinavian

country, a conception of restructuring banking system leaned upon practically united conditions and principles of state support. They are: • • • • •

founding a special state organ for overcoming banking crisis and providing state support avoiding mediator agencies; strengthening the role of prudential banking management and separating a special organ for its realization; overcoming deposits in relation with as physical, so juridical persons with the method of joint approach (“nobody looses”); supporting every bank in equal principles and conditions and fluent transparency of information for entire society; total method of estimating situation in banks and displaying need of state support. This support a confluence with usage of “not popular” activities towards owners and managers, which supported them. These are such sanctions, as compensation of material loss at the expense of the property of guilty managers of the bank, devaluation of nominal capital until loosing whole resources (this activity in Norway was obligatory) and so on.

Programs of restructuring banking systems of these countries were being realized by optimal conformity of responsibilities and stimuli at every level including owners, organs of managing separate banks and regulating organs of whole system. A value. Expenses in Sweden consisted 4.3% of WIP and 9.9% - in Finland. Hungary. A complex of activities. Restructuring banking system has been continuing in two stages. At the first stage (1992-1995) the state used to transfer important sum of money in problematic and, in the first place, large banks. At the same time clearing of bank assets in the way of changing “bad” credits at state bond took place. They used state guarantees very actively. They tried to use special structure for centralized restructuring – capital investment and development bank of Hungary, but by 1995 the banks appeared again under the critical situation. At the second stage (1995-1997) method of approach in relation with restructuring has been changed. They used state resources only for supporting those large state banks, which were to be privatized. Restructuring made them attractive for western investors. Results. State share in the bank capital after first stage has been increased from 41.4% in 1991 till 69% in 1994. The result of second stage was increasing the share of foreign capital in the banking system of the country till 60% by 1997 (in 1996 – 48%, in 199535%, in 1991-

1994 – 12-15%) and reduction of the share of state property till 20.66%. Share of “bad” debts in total sum of debts by 1993-1997 has been reduced from 13.2 till 1.2%. There was no occasion of selling deposits or refusing returning money to the debtors. A value. Expenses provided at restructuring banking system of Hungary consisted from 12 till 18% of its WIP. Estimating restructuring in Russia. Necessity of restructuring Russian banking system has become evident in the middle of the 90s. They began appropriate practical activities from August in 1998, which at the beginning had an operative anti crisis character. Herewith, they paid special attention in the first variant of restructuring program to the saving of many-profiled (“system forming”), interregional banks, but later they decided to gather middle and small banks. Operative anti-crisis activities. In 1998-1999 bank of Russia (central bank) together with the government of the country provided operative activities for recovering ability of the bank, to be able to realize basic complex of service. 1.They provided three many-sided interbank clearing, which made it possible to register 30 billion rubles for recovering taxation system. In many regions this gave opportunity to the banks to release from the cargo of nonpayment wholly or partially. 2.They decided to move obligation of numbers of banks towards physical persons to the savings bank of Russia. 3.they used a mechanism of refinancing banks from September 1998 for supporting bank liquidity: they granted Lombard credits to the more, then 80 banks, overnight – to 34, one year credits to 15 on them; they changed normative of obligatory reserves (total 5% normative). They gave banks right of regulating obligatory reserves. 4.Changes took place in the requests towards banks. Central bank postponed usage of activities influencing in case of not consisting minimal normative of own capital of the banks for two years. 5.They involved special norms regulating activities of the selected circle of banks, in which there were: rule of calculating absolute sizes of economical normative, changing of calculating rules of some normative, rule of influencing activities. this gave the banks damaged by the crisis, though having good perspectives opportunity for leaning upon the quantity of their capital owned by the banks till the first of August 1998, or changing currency course of Ruble while taking risks.

6.They reduced limit of open currency positions, strengthened rule of calculating liquidity normative. 7.They reduced 10 times registration of payment and size of the price for opening branch. 8.They changed prohibition for paying entering in the nominal capital by foreign currency. 9.They involved requests towards registration of currency risks formed by balance-free operations and termed agreements. They managed activities of credit organizations working on the consolidated basis. They involved a rule of foreseeing bank risks in the banks. 10. They continued foreseeing licensing of those banks, which abolished law, had not satisfying financial situation, and had no perspectives of development. At the same time, Bank of Russia and a government processed longtermed activities for solving basic problems of restructuring banking system. We can separate following: Participating in processing those legislative acts, which are necessary for success of restructuring banking system; Working of executive government with the local organs for the purpose of defining their possible participation in normalizing banking activities in the regions; Participation in foundation of the Agency of restructuring banking system (ARBS) and collaboration of central bank with it in the fields of restructuring separate banks; Creation regime of prior support for restructuring banks. For the purpose of widening possibilities of postponing own capital by the banks: They abolished prohibition on paying entering in the nominal capital of the banks and receiving subordination loans by the foreign capital; They processed a rule of making entering in the nominal capital of the banks, when it takes place at the expense of converting bank obligations in the licenses of participating in the nominal capital;

They changed methods of approach towards requests of minimal size of own capital. These requests are still active for newly founded banks and are abolished for the active ones; The involved the rule of paying nominal capital of the banks by the state securities. By the end of 1999 Russian bank announced finishing of the first stage of restructuring banking system, which means, that this system recovered ability of providing basic complex of service, they kept viable kernel of the banks. According to the Russian bank data, quantity of problematic banks by the first of January 2000 has been reduced from 480 till 199, and by the first of November – till 155. They widened the scales of bank activities, increased their assets. Whole capital of the active banks (except saving banks) has been increased per 2.7, though its size consisted only 46% towards the August of 1998, they reduced the number of those banks, normative of liquidity of which was less, then the obligatory level H3 per 70%. The affair has been being interrupted by the absence of an evident economical policy of the government. The bank of Russia had no conception of recovering and developing banks, which would be received by the totality of banks and finally state role and the place of central bank, instruments to be used in relation with commercial banks, main goals and directions of working with restructuring. At the way of restructuring lack of resources still remained to be the main problem. Bank of Russia and ARBS estimated possibilities of forming quite effective instrument, which would give them possibility for organizing, managing and transformation of banking system, also,, their possibilities and readiness in the wealth of the resources of bank refinancing and self-curing. It is more dangerous, that bank of Russia considers liquidation of the banks to be prior way of working with problematic banks. Herewith, liquidation of the banks loosing license is processing very slowly and is followed by large expense. To the mind of Bank Association of Russia (BAR), restructuring process is continuing slowly and not progressively. They consider, that bank of Russia has been able to define banks to be supported, discuss the programs of their curing and supporting realization of these programs. They have had enough time for avoiding not viable banks, but they haven’t done that.

40% of credit organizations of banking system have lost their licenses, and only 3/5 of them have been rubbed out of the registration book. Middle term of liquidation procedures is 2-3 years. Herewith, almost half of competition mass is worked for organizing competition management and current expenses. Creditors of the banks in such occasion loose their money forever. It seems that n case of liquidating bank only those of the interested persons win, who provides the procedure of liquidation and bankrupting. Finally, it must be mentioned, that bank of Russia practically refused providing credit support to the banks for the purpose of providing stabilizing activities. The state refused to support practical programs of restructuring banking system as well. After these, the society suffers more and more loss. They often call a process of transforming banking system in Russia “slowly progressive restructuring”. Truly, in fact it is brought to the individual and spontaneous “conformity” of the banks to the new request of the time. This makes it dangerous, that this will recover only earlier banking system – with the same weaknesses and defects. Experience of overcoming banking crisis in the USA. US economy has been influenced by banking problems several times. One of them appeared during the period of large depression of 1929-1933. Thousand of bank deposits were devaluated because of ineffective operations of the banks, also not returning of the granted loans and total degradation of the economy. They closed hundreds of banks and provided confiscation of thousands of objects because of not returning of loans. US congress passed laws about founding federal corporations insuring deposits and also those insuring loans and savings. Except insuring, these corporations were obliged to research a lot of financial institutions for the purpose of finding defects in bank legislation and procedures and regulation of banking operations. This system has been working effectively during many years. By the end of 1970 and beginning of 1980 banking industry of the USA was fluctuated by another financial catastrophe. To the analytical mind, reason of this was defective practice of granting doubtful credits, also, not transparency of the activities of regulating organs. Such organs that time were department of currency control, corporations mentioned above and institutions of Federal Reserve System. Exactly this time they destroyed reductions on percentage rates set for the banks on the attracted resources. They gave the banks right to pay any percents to the depositors (but higher, then market rates). That’s why rates in the 80s overcame annual 20%. It is evident, that the

banks were to grant credits in higher percents (25% and more) for keeping profitableness. Prices were being grown, especially those of immovable property (mostly because of expensive inner prices on oil). They abolished reductions to the borrower-saving associations on realization financing venture projects related with immovable property and speculative commercial operations (at whole US territory). Then they let the commercial banks grant credits on reconstruction projects and other risky operations related with immovable property (the government stimulated such operations), as in the country, so abroad. Herewith, for guaranteeing such credits, banks attracted deposits with very high percents. By the end of the 80s it was impossible to return such credits because of high percents and side spread of speculative character of the borrowers’ operations. Scales of bankrupting companies and private persons in those years were extreme. Finally, values of oil and immovable property have been significantly cheapened. Because of low level of banking management and under the conditions of deregulation reduced the number of hundreds of borrow-saving associations and financing resources of commercial banks, that they started using deposits attracted by the higher rates for payments on the old deposits and, they continued granting risky credits. By the end of 1988 both mentioned corporations were nearly bankrupted, as they were to give all their resources to the not solvent banks and associations in the way of insurance payment. The US congress was to provide banking reform again. Under such conditions the congress passed the law about reforming, recovering obligations of financial institutions and compulsory payment (FIRREA). This law signed in 1989 became the most fluent banking law, had ever being passed in the USA. For its realization and according to it they founded Trust Corporation of returning resources (RTC), which has following goals: • • • •

Liquidation of a lot of bankrupted borrow-saving association; Provision maximal returning of resources and minimizing loss of the payers; Minimizing results of the crisis for immovable property and financial markets; Providing cheap apartments for the people having low and middle income.

The congress didn’t pass those parts of the legislative act, which foresaw financial support of the shareholders of problematic credit organizations and thus didn’t help massive restructuring of such

organizations. Thus, Credit Corporation started playing functions of liquidations department and not those of restructuring agency. Restructuring separate banks of the USA was realized only in exceptional occasions and even if the share-holders were ready to enter additional important resources into the capital and the creditors agreed to find compromised solution of obligations related with discounting. Herewith, they were to like restructuring plan. During whole history, they provided restructuring only of several banks in the USA. During the six year of existence, Trust Company managed and liquidated 747 not solvent borrow-saving corporations (40% of such organizations). A corporation, usually, was able to find firm and easily managed bank, which would oblige itself with obligations existed at the deposits of the bankrupted organizations. According to the FIRREA law, corporation used to give such banks cash or liquid assets of same volume. When transition of deposits didn’t take place in such banks, the corporation according to the corporation normative paid the depositor guaranteed part of their deposits (not more, then 100 000 dollars). Middle rest on the depository account in the bankrupted organizations consisted 7500 dollars, total quantity of their depositors overcame 25 million people. Total balance value of the shares of these organizations was 451 billion dollars. By the end of the activities of RTC, in December in 1995, 95% of these assets were sold per price equal to the 87% of balance value, or the corporations was able to return 87 cents on every dollar. RTC processed and involved special methods of marketing and realization of bank assets, most of which have been used widely in other countries, they are: • • • • • • •

Securitization of commercial loans united in pulls (emission of turnover securities by provision); Wholesale of the rights of request on credit to the large market corporations; Concluding open auctions in the regions; Organization of conducting open tenders on the federal level; Conducting auctions and tenders by participation of foreign investors; Realization of immovable property by the scheme of financing agreement; Creation data base of the objects of immovable property managed by RTC (the base became available for the interested buyers allover the world).

RTC administration knew, that mission of this corporation would be hard to be fulfilled, without having correctly planned strategy, strictly processed methodology and procedures, also without strict control. The most difficult problem was conforming conditions of selling assets, covering loans and restructuring, also stating responsibilities and limits of wasting RTV resources. They found way out by setting limits and wide distributing obligations. The procedures of transiting obligations to the staff workers foresaw preparing statement on every asset. As a rule, main reason of banking problems is bad management. Inability of the setting good inner control and strict keeping of the procedures finally brought the bank to the strengthening problems and bankrupting. Unprofessional management may give rise to the mistakes in managing risks and liquidity. When these questions are guaranteed by the managers and administration of the banks, this is followed by problematic assets and problematic banks. Exactly this took place in the USA in 1970-80s. There were too many banks and they granted huge credits, and this was absolutely incorrect. Weak organization of selecting borrowers by the banks, entering of payments and controlling financial position of the borrowers and also weak management showed up.

Lamara Qoqiauri Working place: Tbilisi Iv. Javakhishvili State University