Supporting MSMEs requires more than parate suspension

By Dhananath Fernando

Originally appeared on the Morning

The Government has decided to extend the suspension of parate law until 31 March 2025, aiming to support Micro, Small, and Medium-sized Enterprises (MSMEs) as they recover from the setbacks of the economic crisis.

Parate execution is a Roman-Dutch law that allows Licensed Commercial Banks (LCBs) to sell mortgaged property kept as collateral. The term ‘parate’ originates from Dutch and means ‘immediate’.

Under the Recovery of Loans by Banks (Special Provisions) Act No.4 of 1990, parate execution empowers banks to recover unpaid debts by selling assets without undergoing judicial processes.

The previous Government introduced the suspension and the current Government appears to be continuing the policy without fully recognising the potential harm it could cause to the MSME sector. While the suspension has been extended until March 2025, there is a high likelihood of further extensions being requested in subsequent months.

Data accessed up to November 2023 indicates that only 557 parate cases were executed in 2023 (although the MSME Chamber claims the actual figure is 1,140 cases). The total value of these executions was Rs. 38 billion, which represents just 0.4% of total loans and only 2.7% of total bad loans. Even if the number of cases were doubled, the overall value remains insignificant.

Based on these statistics, it is evident that the suspension of parate execution does little to support MSMEs, as the affected segment represents a very small portion of the sector.

MSMEs are the backbone of Sri Lanka’s economy, constituting 99% of business establishments and contributing to 75% of employment. Supporting MSMEs requires broader initiatives beyond suspending parate execution, which is essential for safeguarding depositors’ funds in the current financial framework.

Banks primarily lend using depositors’ money. Therefore, when loans go unpaid, banks face significant challenges in recovering funds to repay depositors. Parate execution has historically served as a legal safety mechanism for banks, albeit not an ideal solution.

On the flip side, when parate execution is suspended, it discourages the majority of borrowers who struggle to repay their loans on time. These borrowers, who represent the largest segment of customers, may question why they should meet their obligations when a smaller group is granted exemptions. 

This creates a moral hazard and could encourage new loan applicants to skip payments, knowing the repercussions for non-payment are minimal.

Furthermore, if depositors perceive that banks lack sufficient legal provisions to ensure the security of their funds, they may seek alternative channels for their savings and become increasingly reluctant to deposit money in banks. This could destabilise the financial system over time.

In the absence of parate execution, banks may take precautionary measures, such as tightening lending criteria, raising interest rates for riskier sectors, and prioritising lending to existing or prime customers. 

These steps could harm new entrants to the MSME sector, limiting their access to credit or burdening them with high interest rates, which reduces their competitiveness and stifles economic growth.

The Central Bank of Sri Lanka’s Financial Stability Review for 2024 highlights that while Non-Performing Loans (NPLs) are declining, the rate remains high at over 13% as of Q2 2024, with more than Rs. 1,200 billion classified as non-performing. 

Although the tourism sector is booming, industries like transportation and manufacturing continue to report significantly higher NPL ratios than the industry average.

In the long term, the Government needs to prioritise the introduction of bankruptcy laws, enabling struggling businesses to efficiently settle liabilities and pivot to new ventures without undue delays. Such a framework would balance the interests of borrowers, banks, and depositors more effectively.

The continuation of the suspension of parate execution risks undermining the banking sector, endangering depositors’ funds, and harming MSMEs by fostering higher interest rates and restricted access to credit. 

It is time for policymakers to consider alternatives that promote sustainable economic recovery while maintaining financial stability

Graph 1 

Economic sectors with high NPL ratios 

Graph 2 -

NPL ratio

Steering clear of divisive politics and economic populism

By Dhananath Fernando

Originally appeared on the Morning

I was recently invited to moderate a session by the European Chamber of Commerce of Sri Lanka (ECCSL) on diversity, equity, and inclusion. Foreign Minister Ali Sabry was one of the Chief Guests and he shared two things we should not do, based on his experience over the past few years in managing a few key portfolios as the Minister of Justice, Finance, and Foreign Affairs.

The event focused on unleashing the power of diversity, equity, and inclusion for businesses in Sri Lanka. Keeping aside the political colours, Sabry’s message on the things Sri Lankans should not do is very apt given the current status of our affairs. These two exhortations were to never play divisive politics and never play with populist economic policies.

The final victim of divisive politics has been none other than our economy and our people. If Sri Lanka is serious about economic development, having a diverse culture is important, as highlighted by Prof. Ricardo Hausmann in his Harvard Growth Diagnostic study on Sri Lanka in 2016-2017. The economic theory behind it is that a diverse culture is capable of creating more combinations of ideas which translate to products, services, and exports.

He provided the example of Silicon Valley – most tech entrepreneurs in Silicon Valley are immigrants to the US, which is one reason a high degree of innovation takes place there. Unfortunately, in Sri Lanka, our politics is used to dilute this strength, which has led to where we are today. At one point, ethnic tensions led to mass migration and we are very slow to include all our ethnicities and religions in our culture.

The divisive politics is now at a level that goes beyond ethnicities. It is now ranged against certain countries, trade agreements, and imports from certain countries. Some good examples are the Suwa Seriya ambulance service and the trade agreement between India and Sri Lanka.

We almost rejected Suwa Seriya on the grounds that it was an Indian invasion and that Indian Intelligence services wanted to collect intelligence data through the ambulance service. This is a service primarily impacting the poorest of the poor and has now been recognised as one of the fastest services in the region by the World Bank.

Divisive politics is now beyond ethnicities and religions. We created the same tensions with trade agreements and claimed that the Free Trade Agreement (FTA) with Singapore would result in foreigners taking over our jobs. Instead, most Sri Lankans left the country for jobs overseas due to the economic crisis and we now beg people to visit us.

We also created similar tensions over the India-Sri Lanka Free Trade Agreement by claiming that the agreement would cause more imports to flow into Sri Lanka, worsening our trade balance. The data shows the exact opposite taking place.

We have a trade surplus with India under the FTA and our trade deficit with India comes from outside the FTA. However, comparing trade balances between countries is completely misleading, since what we need to keep in mind is the budget deficit rather than the trade deficit, because the budget deficit arising from Central Bank lending is what leads to a trade deficit.

At one point, by playing divisive politics, we wanted to boycott our Islamic community. We also wanted to boycott Indian products and chase away Chinese and Japanese investments. To make diversity a strength, we need to look beyond borders and capitalise on the strengths of all communities and all countries.

Minister Sabry’s second directive was to never play with populist economic policies. However, we repeatedly witness political parties engaging in populist politics. We are building resistance against the International Monetary Fund (IMF) programme without any alternative suggestions. Without the IMF programme, even 0.1% of debt relief is not possible. Many funds by many international partners like the Asian Development Bank (ADB), World Bank, and bilateral creditor will evaporate in seconds.

On the other hand, growth reforms are almost non-existent. Not a single State-Owned Enterprise (SOE) reform has been implemented yet and the SOE Bill has been shelved. On the growth front, a complicated tariff structure remains. The establishment of the Central Bank’s independence was the main reform we have undertaken and we can see the results. It is a pity that the Central Bank completely ignored the optics and raised its staff salaries, even at the risk of some policymakers requesting the reversal of the hard-earned reform of the bank’s independence.

While Minister Sabry has correctly understood what exactly should not be done, unfortunately, our politics remains divisive at a new level and populist economic policies have taken a new turn. We still have a long way to go.

The other side of parate execution suspension

By Dhananath Fernando

Originally appeared on the Morning

In India, there was a particular type of cobra that was causing havoc due to snake bites. People were protesting and social pressure was building. The then British Government had a brilliant idea to counter cobra bite-related deaths and bring down the reptiles’ population – it announced an incentive scheme for every dead cobra.

In essence, people in India were encouraged to kill cobras and hand over the animal’s dead body to established Government offices in India and collect cash in return. In the first few weeks, things worked out very well, but later the Government realised that the number of cobras being handed over was increasing exponentially.

Upon investigation, the Government realised that Indians had become somewhat entrepreneurial. They had started cobra breeding houses at homes and killing cobras as a means of revenue generation for the family. At one point, the Government withdrew the cash incentive system given the misuse of the entire scheme.

Since there was no incentive for people to maintain cobra breeding houses, they released the reptiles into the jungle. The cobra population then multiplied several fold more than what it was initially as a result of the same policy being implemented to reduce the cobra population. This is called the Cobra Effect.

The Government decision to suspend parate execution as a relief for Micro, Small, and Medium-sized Enterprises (MSMEs) is no different. It is true that MSMEs are going through a difficult time as a result of higher inflation, high interest rates, and economic contraction. It is necessary to protect the MSMEs as they comprise about 99% of business establishments and about 75% of employment in Sri Lanka.

However, whether the suspension of parate is really for MSMEs is a question; 557 parate executions have been undertaken as of November 2023. The total value of the parate executions was just Rs. 38 billion, which stands at just 0.4% of total loans and a mere 2.7% of total impaired loans. From the numbers, it is clear that most MSMEs have not been impacted by parate executions.

Effect on MSMEs

Parate is an execution power on the part of banks under the Recovery of Loans by Banks (Special Provisions) Act, No.4 of 1990, where lending banks can recover non-repaid debt by borrowers by selling assets without going through the judicial processes. In 1961, this power was only granted to People’s Bank and the Bank of Ceylon, and in 1985, the power was extended to regional rural development banks as well.

If MSMEs are not affected, what could be expected to happen when parate executions are suspended until December by the Government? This is likely to backfire on MSMEs given the nature of the banking industry, akin to the Cobra Effect.

Banks lend depositors money. Parate was a safeguard for depositors’ money in case someone was not repaying loans they had taken, giving banks a final resort to recover that money so they could honour the depositors.

Now with parate suspension, banks have a higher risk of not being able to recover the money from the loans extended, so they have to charge a higher risk premium when borrowing for anybody, including MSMEs. Therefore, if MSMEs want to borrow money now, they have to pay higher interest rates, which means further contraction of the economy at a time when it needs to grow.

Triple whammy

On the flip side, this will encourage borrowers to default as they now know the banks cannot execute parate even if they were to willfully default. Additionally, borrowers who are honouring their loan repayments with the greatest difficulty during this economic crisis will be discouraged, because their hard work in honouring the dues will not be rewarded. This does not mean that even the Rs. 38 billion through parate execution has to be understated, but it has to be addressed separately without changing a law which affects the entire banking sector.

The Government declared a Rs. 450 billion bank recapitalisation in Budget 2024 given the instability of the banking sector as losses and loans of State-Owned Enterprises (SOEs) have to be absorbed. On the other hand, licensed commercial banks including State banks are being exposed to sovereign debt restructuring, which is at its final stage. Accordingly, this is detrimental to the stability of the banking sector.

On the depositors’ end, they may be reluctant to deposit money as their risk is now higher on recovery.

Parate execution generally takes place at the last stage of recovery and must go through a court process. Suspension of parate without even consulting banks may provide wrong signals for the ongoing International Monetary Fund (IMF) review, since the IMF initially advised to conduct an assessment on the stability of the banks, although the context has now changed after a few months.

The Non-Performing Loan (NPL) ratios of banks are also on the rise, so banks basically face a triple whammy with this parate suspension – having to charge risk premiums, high NPL, exposure to sovereign default, and now difficulties in recovering money and incentives for not servicing existing loans.

However, the need to protect MSMEs is paramount, which requires a separate sequence of actions. Setting up a bank specifically to absorb bad loans, setting up bankruptcy laws, or moratoria on some of the bad loans under parate executions are options. Changing the entire parate system will indeed bring consequences similar to the Cobra Effect in India.