Presentation on theme: "Importance of Post sanction follow up and supervision of advances"— Presentation transcript:
1 Importance of Post sanction follow up and supervision of advances L.V.S. MohanDGM/ MoFCAB, RBI , Pune
2 Pre- sanction appraisal It is concerned with measurement of risk of a loan proposal.Requirements:Financial data of past and projected working resultsDetailed credit report is compiled on the borrower/suretyMarket reports, Financial/ audited accountsIncome tax and other tax returns/assessmentsConfidential reports from banks and other FIsAppraisal should reveal whether the proposal is a fair banking risk.
3 Post sanction appraisal Depends to a large extent on the pre sanction appraisalRequirements:Documentation of the facility and after care follow upSupervision thro monitoring of transactions in loan accountScrutiny of periodical statements submitted by borrowerPhysical inspection of securities and books of accounts of the borrowerPeriodical reviews and renewals
4 Need for post sanction supervision Lending decisions are based on sound appraisal and assessment of credit worthinessPast record of satisfactory performance and integrity are no guarantee for future though they serve as a useful guide to project the trend in performance,Credit assessment is made based on promises and projectionsA loan granted on the basis of sound appraisal may go bad because the borrower did not carry out his promises regarding performance.
5 Objectives of post sanction supervision To ensure compliance with the terms and conditions of sanctionTo ensure that the assumptions on the basis of which the credit decisions were made were correct.To ensure end use of fundsTo ensure adequacy of credit on an ongoing basis depending upon the actual requirement of the borrower
6 Objectives of post sanction supervision To monitor health of the unit and detect signals of weaknesses in the financial position of the borrower.The process of the supervision and follow up starts immediately after the limit is sanctioned.
7 Indicative activities of post sanction follow up Conveying sanction of advances to the borrower detailing the terms and conditions and acceptance thereof.Completion of appropriate documentation before disbursement of loans/ advancesKeeping the documents in effective custody and maintaining validity by periodic revival of documents during the currency of loansCreation of charge over security and completion of relevant formalitiescreation of chargeRegistration with ROC
8 Indicative list of activities Periodic search of charge with the authority should be done to protect the bank’s interestEnsuring compliance by borrower of all pre-disbursal activities and requirements and continued compliance with the terms till the loan is liquidatedConducting periodic inspections/visits at stipulated intervalsObtaining from the borrowers and scrutiny /analysis of the following financial statements and non financial statementsStock statementsAnnual and mid term financial statements
9 Indicative activities Ongoing scrutiny of transactions in various accounts by perusal of ledgers, registers, vouchers, to watch proper conduct of loan accounts, healthy turnover therein and end use of fundsMaintaining ongoing contact with the borrower and co-lendersTimely recognition of unsatisfactory features in the conduct of advance such as:delays in project implementationUnusual developments / changes in the business environsShortfall in achievement of production/sales as compared to projectionsNon-fulfilment of financial obligations to the bank, co-lenders, and creditors and non payment of statutory dues.Any other deficiency noted during the periodic visit
10 Indicative activities Advising the borrowers to initiate the corrective action and submitting reports to the controlling authority on further developments in the matterFollow up of and rectification of irregularities pointed out in various inspection / audit reports includingRBI Inspection reportCentral office inspection reportConcurrent audit reportStatutory audit reportRecovery of applicable charges/fees/penaltiesPreparation of review of IRAC identification of deteriorating assets/potential NPAs and initiation of corrective action
11 Documentation - Need Evidence of bank having given money/ advance Receipt of borrower having received money/facilityDetails the terms and conditions on which the money/facility are sanctionedPurpose for which the money /facility was sanctioned
12 Documentation - NEED Defines security Creates charge on the security Defines default clausesDecides and facilitates legal actionSpecifies the rights and obligations of each of the parties
13 Properly executed document Fully completed without blanksSignedStampedRegistered , if required
14 SupervisionEnsure proper follow up of advances and observance of systems laid down by the bank at the operating level.Periodic and random examination of registers, accounts and books at the branchEnsuring that the security documents are kept current and that officials observe all related documentation facilitiesEnsuring that (i) proper arrangements are in place for recovery of applicable charges /fees/ penalties and income leakage is checked
15 Supervision (contd)Maintaining ongoing contact with borrowers and co-lenders and keeping abreast of developments in borrowers entities and business environment.Scrutiny of periodic statements received from the borrowers and control statements/ reports statements prepared on the advancesPeriodic inspection of security at the intervals prescribed for the supervisor.Conduct periodic assessment of the information thrown up by IRAC reviews and ensure identification of deteriorating assets and initiation of corrective steps.Exercise control over NPA management and ensure effective follow up for recoveries/ rehabilitation with the approval of appropriate authorities
16 Supervision (contd)Ensure timely reviews / renewals of credit facilities
17 MonitoringEnsuring that effective supervision is maintained on loans/ advances by the lower level functionaries. Scrutiny of returns / reports received from these line functionaries, interaction with them feed back from customers , observations in audit / inspection reports will assist this process.Monitoring of high value advances through specific focus on these in returns / reports receivedEnsuring non recurrence of commonly noticed lapses /irregularities pointed out in various reportsExamination of NPAs with a view to recognizing problem assets, drawing up recovery/ upgradation path for these and monitoring recovery process
18 RETAIL LOANS Advances against motor vehicles: Advances should be confined to new vehiclesThe bank should insist on production of original invoice from the borrowerThe borrower should execute a deed hypothecating the vehicle in favour of the bank.The bank’s lien should be got recorded with the RTO as well as the book before the loan is disbursed,The vehicle should be comprehensively insured and the policy should be assigned in favour of the bank.The vehicles should be inspected periodically to ensure that it is in a road worthy condition and it is in the possession of the borrower
19 Advances against vehicles Documentation:Demand/time promissory noteHypothecation deedRegistration certificate with bank’s lienInsurance policy with bank clauseBlank transfer form duly signed by the borrower(in the event of default the bank has power to seize the vehicle and arrange for its sale.
20 Advances against life insurance policies AdvantagesIt is not subject to fluctuations in market valueThe loan needs very little supervision and expenseIts value steadily increases the longer it is held the higher will be its value.The bank should obtain a declaration from the borrower that the policy is free of charge and that no charge is created as long he is indebted to the bank
21 Life insurance policies The bank to obtain a letter of authority from the borrower to pay the premia by debit to his loan account if not paid by the borrower before due date.An absolute assignment in favour of the bank duly witnessed should be obtained in the prescribed form.The assignment shall be normally made on the policy itself.The insurance policy should be sent to the insurance companies for registration of the policy
22 Housing loans Phase of construction Architect certificate Inspection of the houseCompletion certificateInsurance of property
24 Early Warning Signals (EWS) EWS can be classified into five (5) broad categoriesFinancial warning signalsOperating warning signalsManagement related warning signalsBank related signalsSignals relating to external factors
25 Financial warning signals Persistent irregularity in the accountDefault in repayment obligationDevolvement of LC /invocation of guaranteesDeterioration in the liquidity or working capital positionSubstantial increase in long term debts in relation to equityDeclining sales
26 Financial warning signals(contd) Operating losses/net lossesRising sales and falling profitsDisproportionate increase in overheads in relation to salesRising level of bad debt losses
27 Operating warning signals Low activity level in the plantDisorderly diversification / frequent changes in planNon payment of wages/power billsLoss of critical customersevidence of large level of inventory/ aged inventory
28 Management related warning signals Lack of cooperation from key personnelChange in management, ownership or key personnelDesire to take undue risksFamily disputesDiversion of fundsFudging of ACCOUNTS
29 Banking related signals Declining bank balances/ declining operations in the accountOpening of accounts with other banksReturn of outward bills/ dishonoured chequesFrequent requests for loanSales transactions not routed through the accountFrequent delays in submitting stock statements, financial data etc
30 Signals relating to external factors Economic recessionEmergence of new competitionEmergence of new technologyChanges in government/ regulatory policiesNatural calamities.
31 Important guidelines of RBI on monitoring operations in loan accounts Annual review of advancesImperative for the banks to undertake an exercise for review of the advances on a regular basis.Review should specifically attempt to make an assessment of the working capital requirements of the borrower based on the latest data available whether the limits continue to be within the need based requirements and according to the bank’s prescribed lending norms.
32 Diversion of fundsDiversion of funds would be construed to include any one of the under noted occurrences:utilization of short term working capital funds for long-term purposes not in conformity with terms of sanctionDeploying borrowed funds for purposes /activities or creation of assets other than those for which the loan was sanctionedTransferring funds to the subsidiaries / group companies by whatever modalities
33 Diversion of funds (contd) Routing of funds through any bank other than the lender bank or members of consortium without prior permission of the lenderInvestment in other companies by way of acquiring equities / debt instruments without approval of lendersShortfall in deployment of funds vis- a- vis the amounts disbursed / drawn and the difference not being accounted for.
34 Diversion of funds (contd) Whenever diversion of funds is noticed UCBs should take appropriate action including recalling the loans, reduction of sanctioned limits, charging the penal interest etc to protect the bank’s interest.Whenever stocks under hypothecation to cash credit and other loan accounts are found to have been sold but the proceeds have not been credited to the loan account such action should be treated as fraud .In such cases bank may take immediate steps to secure the remaining stock so as to prevent further erosion in the value of available security as also other steps as warranted
35 Siphoning of fundsFunds borrowed are utilised for purposes unrelated to operations of the borrowerSuch actions are detrimental to the interests of the lenderBanks to decide whether the acts relate to siphoning of funds
36 End use of funds Monitoring and ensuring end use of funds Meaningful scrutiny of quarterly progress reports/operating statements/balance sheets of borrowersRegular inspection of borrowers assets charged to the lenders as securityPeriodical scrutiny of borrowers books of accounts and the no lien accounts maintained with other banks
37 End use of funds (contd) Periodical visits to the assisted unitsSystem of periodical stock audit in case of working capital financeIn cases of project financing banks should seek end use of funds by obtaining certification from CA.In case of short term corporate /clean loans bank should themselves undertake due diligence.
38 Exchange of Credit Information The Credit Information Companies (Regulation) Act, 2005 has been operationalised wef December 14, 2006.In terms of sec 15 (1) of the Act every credit institution has to become a member of atleast one credit information company.As UCBs fall under the category of credit institution they are required to take membership of atleast one credit information company and provide credit data (positive as well as negative) to the credit information company.
39 Exchange of credit information Credit information companiesCredit Information Bureau (India) Limited (CIBIL)M/s Experian Credit Information company of India Pvt LtdEquifax Credit Information services Pvt LtdHigh Mark Credit Information Services Pvt LtdBanks should incorporate suitable clauses in the loan agreements regarding exchange of credit information so as to address issues of confidentiality
40 Make use of credit reports available from credit information companies Exchange of information – lending under consortium arrangement /multiple banking arrangementsAt the time of sanctioning fresh advances banks may obtain declaration from borrowers about credit facilities enjoyed by them from other banks.Banks should exchange information about conduct of the borrower’s accounts on quarterly basisMake use of credit reports available from credit information companiesBanks to introduce suitable clauses to address confidentiality issue
41 Wilful defaultA wilful default is deemed to have occurred if any of the following events is noted:The unit has defaulted in meeting its payment /repayment obligations to the lender even when it has the capacity to honour the said obligationThe unit has defaulted in meeting its payment/repayment obligations to the lender and has not utilised the finance from the lender for the specific purposes for which the finance was availed but has diverted the funds for other uses
42 Wilful defaultThe unit has defaulted in meeting its payment/ repayment obligations to the lender and has removed or disposed of the movable fixed assets or immovable property given by it for the purpose of securing term loan without the knowledge of the bank/ lender
43 Disclosure of information and monitoring of defaulting borrowers Scheduled UCBs are required to submit to the RBI as at the end of September and March every year the details of borrowal accounts which have been classified as doubtful, loss, suit filed with outstanding (both under funded and non funded limits) aggregating Rs 1 crore and aboveRBI is circulating to the banks and financial institutions the information on defaulters .The banks and financial institutions may make use of information while considering requests for new or additional limits by existing and new constituents
44 Disclosure of information (contd) The data on borrowal accounts against which suits have been filed for recovery of advances (outstanding aggregating Rs 1.00 crore and above) and suit filed accounts of wilful defaulters with outstanding balance of Rs lakh and above based on information furnished by SCBs and financial institutions is available at www. cibil.com.UCBs can verify the lists to ensure that the defaulting borrowing units as also their proprietors/partners/directors etc named in the list of suit- filed accounts either in their own names or in the names of other units are not extended further credit facilities.
45 Penal measures for defaulters In order to prevent access to the capital markets by the wilful defaulters a copy of the list of wilful defaulters is forwarded by RBI to SEBI as well.Penal measures :No additional facilities to be granted to listed wilful defaulters.In addition the entrepreneurs/ promoters of companies where banks have identified siphoning /diversion of funds etc should be debarred from institutional finance for floating new ventures for a period of five years from the date the name of wilful defaulter is published in the list published by RBI
46 Penal measuresThe legal process where warranted against borrowers /guarantors and foreclosure of loans should be initiated expeditiously. Criminal proceedings may be initiated against wilful defaultersBanks should also adopt proactive approach for a change in management of the wilfully defaulting unit.
47 Filing of suits to recover from willful defaulters Scheduled UCBs to examine all cases of default of Rs 1.00 crore and above and file suits in such cases.In case of willful faults if there are instances of cheating/fraud by the defaulting borrowers criminal cases should be filed in such cases.In case of amounts below Rs 1 crore banks should appropriate action including legal action.
48 Role of auditorsIncase of falsification of accounts on the part of lenders , if it is observed that CA was negligent or deficient in conducting the audit matter may be reported to the ICAI to examine and fix accountability of the auditorsIf the lenders desire a specific certification from auditors regarding diversion/siphoning of funds lenders should award a separate mandate for the purpose.