In the process of dealing with bankrupt financial institutions, all countries have set up special reorganization companies or liquidation institutions. Some of these institutions are independent companies, and some are set up within the problematic financial institutions, but their functions are basically the same, mainly for asset takeover, asset evaluation, asset transfer, asset preservation and asset disposal of bankrupt financial institutions. Specifically, the main measures taken by these institutions in the process of dealing with bankrupt financial institutions are:
(1) Asset takeover, evaluation, transfer or acquisition. In the United States, when the regulator of the savings and loan association decides to close down, RTC will take over the closed S&; L .RTC is responsible for S&; L On the basis of evaluating the value of assets and collateral, accept the corresponding assets, take full responsibility, and set up an asset transfer committee (members include S&; L and RTC personnel) decide to transfer assets from S&; Everything was transferred to RTC. For existing or potential loan defaults, RTC may require borrowers to increase collateral to preserve assets. In Japan, the creditor's rights of financial institutions (mainly residential finance professional companies) funded by 162 were initially handled by creditor's rights acquisition companies. The main process is as follows: firstly, the non-performing creditor's rights secured by real estate of investment institutions are evaluated; Then, the bad creditor's rights are acquired at the evaluation price, and the expenses are recorded as the loan from the investment institution to the creditor's rights company to guarantee the transfer of real estate; Finally, * * * sells the collateral to the creditor's rights acquisition company and returns the loan from the investment institution. From1March, 1993 to1September, 1996, 9075 creditor's rights were acquired, and the bad creditor's rights were disposed of129.2 billion yen. 1In July 1996, seven professional residential finance companies declared bankruptcy, with total liabilities of 13. 12 trillion yen, of which 6.4l trillion yen was hopeless creditor's rights, which were made up by the parent banks of professional residential finance companies, other financial institutions and the government. The remaining 6.7 1 trillion yen is expected to be recovered, which will be acquired by the residential financial creditor's rights management institution and auctioned, and the losses arising from the auction process will be borne by the government and the deposit insurance institution in half. 1In September, 1996, Consolidation and Renaissance Bank took over bankrupt financial cooperation institutions such as Dongying Sheikh, Safety Credit Rating and Jin Yao Credit Cooperative, and acquired 390 billion yen of bad debts.
(2) A large amount of capital injection, share expansion and capital increase, institutional restructuring and stripping of bad debts. 1994 in the afternoon, credit lyonnais's bad debts reached $27 billion, so the French government set up a special purpose company (SPBL) to implement the rescue plan. First, the government injected 23 billion francs into banks and assumed 43 billion francs in bad debts; Then CDR Company was established as a wholly-owned subsidiary of credit lyonnais, which assumed all liabilities of the bank and was responsible for the liquidation and sale of assets. After that, credit lyonnais provided SPBL with a loan of10.45 billion francs at a preferential interest rate (calculated at 85% of the Paris market interest rate), of which SPBL lent10.3/kloc-0 billion francs to CDR to make up for its losses when selling and selling assets. CDR repaid SPBL's loan with the money after selling assets, and the losses in asset restructuring were borne by the government. In the process of dealing with the non-performing assets of Bank of Naples, Italy has also taken measures of large-scale capital injection by the government. Nabler Bank is a commercial bank partially controlled by the government, with a loss of 65,438+0.05 billion lira in 1995. In order to save the bank, the Bank of Italy, the Italian central bank, arranged a temporary loan worth 2.5 trillion lira from 1 1 banking group, and the interest rate was 25 basis points higher than the interbank lending rate in1October. 1In March 1996, the Italian Ministry of Finance injected 2 trillion lire into the bank, and the bank was completely privatized in 1997. Swedish banks separate bad assets through a large amount of government capital injection, and then the government guarantees to issue new shares to increase assets, or sell "excellent banks" to the highest bidder through auction. Norwegian banks cancel common shares, issue preferred shares to institutional investors, separate bad debts and sell state-owned shares to the public.
(3) Actively and properly dispose of non-performing assets. American RTC has achieved remarkable results in dealing with bankrupt financial institutions, handling a large number of S&; L Non-performing assets mainly take the form of securitization, capital participation, "packaged" sale and auction of state loans; For a small amount of non-performing assets, RTC will sign an agreement with private institutions to deal with them.
① Securitization. With the assistance of investment banks, accounting firms, law firms, securities rating agencies and other intermediaries, RTC has formulated and implemented a set of asset securitization plans for different types of benign or non-performing assets, such as single-family mortgages, multi-family mortgages, commercial mortgages, commercial loans and consumer credit, as the preferred way to sell assets. For benign assets with higher ratings, the interest rate is tens of basis points higher than that of fixed-term treasury bonds, and they are sold according to different maturity combinations. For non-performing assets with low rating, when issuing securities, 20% ~ 30% of the total amount of securities is injected as securities repayment reserve through financial allocation or RTC to make up for the possible losses when issuing securities. RTC has securitized $49 billion of different types of assets.
② Capital participation. The capital participation strategy is characterized by limited liability partnership, which is mainly used to deal with non-performing assets, and later also used to deal with real estate-related assets. In each asset disposal contract, RTC becomes a limited partner with assets as shares, and private institutions become general partners through bidding, responsible for managing or selling assets, and bear limited liability with their share capital. After deducting expenses, the cash flow generated from asset disposal shall be distributed between RTC and limited partners according to the agreed equity ratio.
3 "package" for sale. RTC first locks an asset "package" to create and issue medium-term bonds. At the same time, it selects a qualified asset manager from the bidders as a shareholder, and subscribes for up to 49% of the shares to manage the assets for RTC (its shares cannot exceed 565,438+0%). RTC chooses the timing of sale according to the specific situation of assets.
(4) the national loan auction. The auction is conducted by RTC in the national sales center, and classified auctions are conducted according to the category, amount and location of benign assets and non-performing assets, so that RTC can sell a large number of similar assets at one time. Eight loan auctions were held nationwide, and benign assets with a book value of $800 million and bad assets with a book value of $2.8 billion were sold.
⑤ Sign agreements with non-governmental organizations. For a small amount of non-performing assets, RTC can sign a standard asset management sale agreement with private institutions, and the private institutions will manage and dispose of the assets according to the contract. In order to shorten the disposal time of assets as much as possible, RTC provides financing facilities for the sale of some assets, and the net loss of assets is compensated by the government as appropriate.
In short, although the background of non-performing loans of financial institutions in different countries is different, the reasons for the closure of financial institutions are different, and the specific measures to deal with them are different, there are also similarities: government participation is usually combined with market operation, and the government plays a leading role; Legislation first, business according to law, and immediately investigate and deal with illegal and criminal acts; Set up special institutions to reorganize bad debts and deal with closed financial institutions, thus building an effective bridge between monetary assets and physical assets; Separate good assets (creditor's rights) from bad assets (creditor's rights), sell them at a discount, and digest bad assets (creditor's rights) as soon as possible; And a large amount of capital injection, make full use of national credit to raise funds, especially national debt and government-guaranteed loans.