Η στρατηγική διαχείρισης των καθυστερήσεων
AdvisorΠέκκα - Οικονόμου, Βικτωρία
The research aim of this paper is to deal with one of the most significant issues confronted by the Greek economy in recent years, the management of the non-performing loans. The effective management of the high stock of non-performing loans is the most important challenge faced by the domestic banking system. The high rate of non-performing loans and the resulting strong increase in provisioning for credit risk has the effect of: (a) reducing the available funds of banks for new financing, (b) increasing the lending rate margin, (c) canceling the possibility of paying dividend to shareholders, (d) a reduction in the value of the banking shares and (e) even endangering the funds of depositors. To address such an important problem, a national strategy is applied and more specifically: a) the BoG strengthened the supervisory framework with the RIP 42/2014 and the Code of Conduct and in co-operation with the Banking Supervision of the ECB agreed with the banks to implement the three-year operational objectives 2017 -2019 b) the State reduced certain obstacles to the institutional framework by adopting a series of instruments by which it: (i) amended the Code of Conduct, speeding up the procedures in the courts of first instance and enforcement; (ii) introduced the out-of-court debt settlement mechanism and abolished the opening of the reorganization process (iii) regulate (Article 65 of Law 4472/2017) the liability of public officials and the Credit Institution from the procedure for the settlement of debts to the creditors in the distribution of the auction and for the restructuring or write-off of debts iv) settled issues regarding the tax treatment of loan write-offs v) set up Special Secretariat for Private Debt Management vi) created a secondary market for loan management and acquisition (Law 4354/2015) vii) amended the Law 3869/2010 to prevent its misuse by strategic defaulters (article 56 et seq. of Law 4549/2018). The above actions do not guarantee the successful completion of this effort, in a standalone basis, without the joint effort of all involved parties. In particular, banks should strive to achieve their operational objectives under the requirements of an effective organizational planning and method, as well as knowledge and experience in financial and legal matters will be high valuable, in order to be achieved the reduction of non-performing loans in such a way and under the condition that it won’t be used only the huge capital of the provisions made, by sacrificing the shareholders' income of banks as well as to remain as co-operative debtors these clients who are or can become viable. The present work attempts to contribute. legal and financial organization, method, knowledge and experience are needed to achieve not only the reduction of non-performing loans, but not to mostly by using the huge sums of provisions made, by sacrificing the income of the shareholders of the banks, as well as remaining as clients the willful defaulters who are or may be become viable in the future. The present work attempts to contribute to this major issue.