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INDEX
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1. KNOW YOUR CUSTOMER
KYC DOCUMENTS - INDIVIDUALS
2. Minors If minor is less than 10 years of age, ID proof of the person who
will operate the account be obtained.
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Secretaries of India, Indian Medical Council, Food
and Drug Control Authorities, registration
/licensing document issued in the name of the
proprietary concern by the Central Government or
State Government Authority/ Department, etc.
(vii) Banks may also accept IEC (Importer
Exporter Code) issued to the proprietary concern
by the office of DGFT as an identity document for
opening of the bank account etc.
(viii) The complete Income Tax return (not just
the acknowledgement) in the name of the sole
proprietor where the firm's income is reflected,
duly authenticated/ acknowledged by the Income
Tax Authorities.
(ix) Utility bills such as electricity, water, and
landline telephone bills in the name of the
proprietary concern.
PLUS
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PLUS
PLUS
PLUS
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individuals (iii) An officially valid document in respect of
the person holding an attorney to transact on
its behalf; and
(iv) Such information as may be required by
the bank to collectively establish the legal
existence of such an association or body of
individuals
6 Hindu Undivided Family i. Declaration from the Karta.
(HUF) ii. Proof of Identification of Karta.
iii. Prescribed Joint Hindu FamilyLetter signed by all
the adult coparceners
iv. Identity of the adult coparceners
Risk Categorisation
1. New customers opened under Low Risk while onboarding, during first 180 days of
opening the account, except those pertaining to Central/State Governments, PSUs and JVs
with Govt., Regulators, FIs, Statutory Bodies, salaried persons/pensioners of these
organizations, “Small Accounts” and any product(s) that are specifically mandated to be
classified under Low Risk.
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2. Non-Banking Financial Institutions
3. Stock Brokers
4. Import/Export customers
5. Telemarketers
6. Pawn Shops
7. Auctioneers
8. Venture Capital Companies
9. All In-operative accounts
10. Individual Account holder with Credit/debit summations of Rs.50.00 lacs to below Rs.2.00
Crores per annum
11. Non Individual account holders with credit debit summations of Rs.2.00 crores to below
Rs.10.00 Crores per annum
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2. LOAN POLICY GUIDELINES
The Loan Policy recognizes the need for measures aimed at better risk management and
avoidance of concentration of credit risk. With this in view, limits have been prescribed for
Bank’s exposure to single borrower, borrower groups, specific industry / sector etc.
1. Prudential guidelines (issued by RBI): While prudential guidelines for avoiding
concentration of risk serve as broad indicators, continuous evaluation of other elements
such as market conditions, government policies, legal framework, economic indicators,
stock market movements, etc., is made to assess transaction risk intrinsic to a group of
borrowers / segment of industry, as well as to sectoral exposures in order to formulate
short term exposure restrictions where considered necessary. The constitution of an
entity is also a determining factor owing to varying levels of compliance requirements of
legal / statutory / accounting standards, etc, for arriving at exposure limits.
Introduction of Risk Sensitive Internal Prudential Exposure Limits :
RBI has prescribed Prudential Exposure limits of 15% of the Bank’s Capital Funds for
Single borrowers and 40% for Group Borrowers. Prudential Exposure limits set by RBI,
are “one size fits all” in nature and are not risk sensitive. For example, under Prudential
Exposure Limits, 15% exposure can be taken on low risk SB1 rated borrower and also on
SB15 rated borrower, where risk is high. With a view to making exposure limits risk
sensitive, it has been decided to introduce Internal Prudential Exposure Limit framework
based on Internal Credit Ratings i.e. CRA ratings in the Bank.
2. Substantial Exposure (issued by our Bank): Substantial Exposure Limits are not deemed as
caps on further exposures in the various categories but are intended to serve as triggers to
Business Groups for closer monitoring. Therefore, breach of Substantial Exposure levels (listed
from (i) to (v) would not be construed as deviation. In respect of aggregate substantial
exposures, CRMD would be monitoring Substantial Exposure norms on a quarterly basis. The
aggregate exposure levels indicated [at (vi) and (vii)], however, would be caps.
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Types of Substantial Exposure Stipulation (in excess of)
i) Exposure to any Single Borrower 10% of Capital Funds
ii) Exposure to any Single Borrower with additional exposure to 15% of Capital Funds
Infra
iii) Exposure to Oil Companies with oil bonds with non-SLR status 15% of Capital Funds
iv) Exposure to any Borrower Group 25% of Capital Funds
v) Exposure to any Borrower Group with additional exposure to 30% of Capital Funds
Infra
vi) Aggregate of Substantial Exposures to Single Borrowers 300% of Capital Funds
vii) Aggregate of Substantial Exposures to Single Borrowers and 600% of Capital Funds
Borrower Groups
Credit Appraisal :
The Bank has in place a well-established process of credit appraisal that has developed
and evolved over a period of time. The fundamental purpose of credit appraisal in the
Bank has been two fold. First, to be able to take an informed decision as to the credit
worthiness of any proposal; that is, whether it is prudent, worthwhile and desirable for
the Bank to take a credit exposure on the applicant entity. Thereafter, where a positive
decision is arrived at in this regard, to be able to assess the extent and nature of such
credit exposure, the conditions on which such exposures is acceptable and the pricing at
which it is considered prudent to operationalise such a credit relationship.
A decision as to the credit worthiness of a proposal is arrived at after considering a
combination of several factors.
Policy on analysis of audited financials :
1. All borrowing units which are in operation need to submit their ABS to the Bank with
in 6 (six) months of close of the Financial Year (F.Y.) i.e. last date for submission of ABS
will be 30th September if F.Y. closes on 31st March.
2. Non submission of Audited financials within the prescribed timelines would attract penal
provisions as per extant instructions.. For sanction of any new credit facilities or
enhancement in existing facilities, the audited financial statements should not be more
than 12 months old. In case the latest audited financials are more than 12months old,
provisional financial statements not more than 6 months old is to be obtained and
analysed with a view to ensuring that the performance and financial indicators are not
deteriorated. In such cases Audited Balance Sheet has to be obtained subsequently and
CRA is to be worked out.
3. Renewal of working capital limit should be carried out every year on the basis of audited
financials. In case working capital limits are not renewed for valid reasons, approval
needs to be sought for continuation of limits for a maximum period of 270 days from the
due date from sanctioning authority. In respect of working capital limits sanctioned by
ECCB, such approval needs to be sought from CCCC.
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Security:
Primary Security : Primary security is the asset created out of the credit facility
extended to the borrower and / or which are directly associated with the business /
project of the borrower for which the credit facility has been extended. For example,
hypothecation of stocks, book debts etc. Stocks include Raw Materials, Stock in process,
Finished Goods, Spares etc. Book debts are based on invoices and delivery challans.
Hypothecation is the established practice whereby a borrower offers to the lender
charge on an asset as security for a loan, while retaining ownership of the asset and
enjoying the benefits therefrom. With hypothecation, the lender has the right to seize the
asset if the borrower cannot service the loan as stipulated by the terms in the loan
agreement.
Collateral Security: Collateral security is any security, other than Primary Security,
offered to additionally secure the credit facilities sanctioned by the Bank. Collateral
security is normally obtained as a risk mitigating measure and to sustain the promoters’
interest in the venture.
MSE Sector (both Manufacturing and Services enterprises) no collateral security is
to be obtained for loans upto Rs.10 lacs, and for loans up to Rs.15 lacs the sanctioning
authority may consider waiving collateral security subject to compliance with certain
conditions. For this sector, the Bank has decided to cover all eligible SME advances upto
Rs.200 lacs under CGTMSE scheme. The cost of guarantee cover upto Rs.50 lacs for
working capital limits is borne by the Bank . Working capital limits above Rs.50 lacs and
upto Rs.200 lacs are also to be covered under CGTMSE provided the borrower agrees to
bear the guarantee fee. The guarantee fee for term loans irrespective of loan amount is to
be borne by the borrowers. Other borrowers may be sanctioned credit facilities under
Bank’s regular schemes. The matter of recovery, or absorption, of guarantee fee by the
Bank is reviewed from time to time.
Quantitative Standards : The basic quantitative parameters underpinning the Bank’s
credit appraisal and the levels that are desired are as under:
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Financial Ratio (s) Desired Level Minimum acceptable level
Current Ratio ≥ 1.20 ≥ 1.00 (Minimum)
TOL / Adjusted TNW ≤ 5.00 ≤ 7.00 (Maximum)
Long Term Debt / EBITDA ≤ 4.00 ≤ 6.00 (Maximum)
Interest Coverage Ratio ≥2.60 ≥ 2.00 (Minimum)
DSCR ≥1.50 ≥1.20 (Minimum)
FACR 1.25 1.25
iii. While these are indicative levels, there cannot be a definite benchmark, as acceptable
levels are case specific, guided by the nature, size and scope of projects and activities. The
sanctioning authority considers variations from these levels based on the justifications
placed before them; no specific approval is required for divergence between the
acceptable level and the actual
iv. Hurdle rate SB-10 has been prescribed under internal risk rating model for considering
new connection or enhancement in credit limits. In case account is having CRA SB-11 and
worse, then necessary approval is to be obtained from the competent authority. However,
where a unit has not obtained minimum scores in Financial Risk, Business & Industry Risk
and Management Risk under CRA, separate approval is not required to be sought.
Letter of Credit for working capital (Manufacturing / Trade): Some of the aspects to
be kept sight of while opening Letters of Credit (LC) are:
i) Cash budget should be obtained, where considered necessary, to ensure that the
borrower would be able to retire the bills drawn under the LC on their respective due
dates.
ii) It is also to be ensured that the LC limits sanctioned for regular requirements of the
borrower such as purchase of Raw Materials are not used for CAPEX or other purposes.
iii) The LCs issued/limits sanctioned should be commensurate with the borrower’s
turnover and Cash Credit limits, and should be for genuine trade / manufacturing activity.
iv) The usance period of the LC should ordinarily have relation to the working capital cycle.
v) Level of inventory is to be commensurate with industry norms / past trends.
Bank guarantees : are required to be issued for various purposes- a few examples being
Bid Bonds for bidding for projects or contracts, advance payment guarantees for
mobilisation money received by contractors, performance and retention money
guarantees, guarantees in favour of government and statutory bodies, courts etc.
There is no difference between due diligence for bank guarantees as compared to other
credit facilities and the instructions in regard to credit rating, proper assessment of
nature and quantum of bank guarantee facility, margins, collateral security, standing and
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means of the borrower / promoters / directors / guarantors etc. are applicable. A few
other instructions are as under:
Bank can issue both financial and performance guarantees.
BGs will generally be issued / renewed for a period not exceeding 18 months at any one
instance. For longer periods, authority structure for according administrative clearance is
in place. Should a BG originally issued for a lesser period require extension beyond 18
months, administrative clearance therefore will also be necessary.
No BG should normally have a maturity of more than ten years. Bank may consider
issuing BGs beyond maturity of 10 years only against 100% cash margin and with prior
approval of the competent authority specified in this regard.
Documentation Standards :
The Bank has in place well established systems and procedures for documentation
covering all types of credit facilities. These have been drawn up, and have evolved, over a
period of time, keeping in view the ultimate objective of documentation - which is to serve
as primary evidence of the debt owed by the borrower, or obligation guaranteed by the
guarantor, to be relied upon in the event of any subsequent dispute between the Bank and
the borrower and / or guarantor. Documents also form the basis for enforcing the Bank’s
right to affect recovery through legal recourse where all other avenues have failed.
Credit Risk Management
Revised Credit Risk Management Policy approved by the Board is in place since December
2008 our policy and procedures have since been aligned to ‘Standardised Approach’
under Basel II from 1.4.08 & Basel III from 01.04.2013 and the Bank is gearing itself to
adopt ‘Foundation Internal Rating Based Approach’.
Credit risk management encompasses identification, assessment, measurement,
monitoring and control of the credit exposures.
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iii) In cases where term loans as well as working credit facilities have been sanctioned to a
borrower, review of TL should form a part of the review / renewal of working capital
facilities.
iv) Builder Loans (sanctioned as CCOD limits) and standalone TLs are also to be reviewed
annually based on the audited financials.
Take over norms have since been revisited. The revised instructions for various Business
Verticals are detailed in Loan manual Part-1 Chapter-1
1. Audited Balance Sheet (ABS) should not be older than 12 months. If ABS is older than 9
months, provisional financials not older than 6 months are to be obtained and analysed
so as to be satisfied that the activity level and profitability, liquidity and solvency ratios
are broadly in alignment with the estimates / projections.
2. Ideally, only such accounts should be targeted for Takeover where the unit is in
commercial operations for at least two years (one year in case of Infrastructure projects)
and no major green field / brown field project is under implementation.
3. The unit should have been earning profits for at least 2 preceding years except
Infrastructure projects for which it will be 1 year after COD as per the last audited
balance sheet and should not be incurring losses during the year as per provisional
financials . The outlook for sales and profitability should be positive based on realistic
estimates of capacity utilisation and EBIDTA margins as on the date of assessment.
4. Stock and Receivables Audit is to be conducted prior to disbursement of any credit
facilities above Rs.5.00 crores except for units having ECR of “A-” and better.
5. Increase in exposure should not exceed 30% (where total taken over exposure is upto
Rs.1.00 crore) and 15% or Rs.30 lacs whichever is higher (where total taken over
exposure is above Rs.1.00 crore) of the initial amount taken over from other banks,
within 12 months from the date of initial sanction of take over. This would need to be
discussed and clarified to the prospective borrowers at the time of negotiation for
Takeover itself.
All loans and advances in the Bank are to be sanctioned by the designated sanctioning
authority. The delegation of financial powers in regard to sanction of credit facilities as
well as pricing etc. is approved by the Board of the Bank. In exercising the powers, the
authorities concerned are required to ensure compliance with the relevant provisions of
the State Bank of India Act and the State Bank of India General Regulations, regulatory
guidelines of Reserve Bank of India and any rules, regulations, instructions or orders
issued from time to time by the Bank.
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NPA Management
The Bank’s NPA Management Policy seeks to lay down the Policy on management and
recovery of NPA and proactive initiatives to contain Gross NPAs.
The Policy lays stress on a system of early identification and reporting of all existing and
potential problem loans as a first step towards management of NPAs. Such an ‘Early Alert
System’ which captures early warning signals, is an integral part of the Bank’s Risk
Management process and is followed by time bound corrective actions comprising
rehabilitation / restructuring or an early exit.
In line with the RBI guidelines on preventing slippage of NPA accounts, Bank has
introduced a new asset category between ‘standard’ and ‘sub-standard’, i.e. Special
Mention Accounts (SMAs) for internal monitoring and follow - up in line with
international practic
Wilful default :
Wilful default & action there against - Bank will fully comply with RBI guidelines on wilful
defaulters and action there against in terms RBI’s definitions of ‘wilful default’, ‘diversion
& siphoning of funds’ and ‘end-use of funds’. These instructions apply without any
exception to all loan accounts where the outstandings are Rs.25 lacs or more. In terms of
RBI guidelines, a Board approved policy constituting two Committees for classification /
declassification of Wilful Defaulters has been put in place. The classification /
declassification of Wilful Defaulters will be reported to RBI only on approval by the
Review Committee consisting of MD and two Independent Directors as per the policy. At
the end of this process, list of wilful defaulters to be advised to CIBIL and other Credit
Information Companies (List of Wilful Defaulters– suit filed cases and non-suit filed cases)
where a decision has been taken to that effect. RBI has decided that the list of wilful
defaulters has to be sent to Credit Information Companies (CICs) only, on a monthly or a
more frequent basis.
Export Credit
Export Credit :Export sector is recognised as a thrust area considering the importance
of its contribution to the economy. Therefore, the sector is supported with finance at
concessional rates, with flexibility in financing norms.
Export finance is by and large regulated through the directives / guidelines issued by the
Reserve Bank of India (RBI), Director General of Foreign Trade (DGFT) and the Foreign
Exchange Dealers’ Association of India (FEDAI). Export finance is broadly classified into
two categories:
1. Pre-shipment finance :
2. Post-shipment finance ;
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Guidelines regarding hedging of FOREX exposure: As mandated by RBI, the Bank has a
separate Board approved ‘Hedging Policy’.
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3. INTRODUCTION TO SME DELIVERY MODEL
The SME portfolio of the bank, especially Upto Rs.50 Cr segment has been degrowing in
the last few years. To arrest this falling trend, the Boston Consulting Group (BCG), a
Management Consultancy Firm, was engaged by Bank for carrying out a review and advising
remedial measures. They were mandated to come out with a model that ensures business
ownership for enhanced customer engagement and have quality credit portfolio through risk
mitigation.
In view of the above, the SME delivery model has been revised under three models based on
the location (i.e. BPR/non-BPR) and amount:
Models
Upto Rs.5 Cr BPR Centre Exposure upto Rs.50 Lacs at SME Centre
Exposure above Rs.50 Lacs upto Rs.5 Crores at SME Centre places
The revised SME Delivery Model was rolled out pan India during 2015. The guidelines were also
modified during 2016 and 2017. This model is applicable only to the verticals falling under
National Banking Group viz. Circles and Branches under their control. The updated details on the
SME Delivery Model applicable for various exposure as per above table has been annexed below.
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ANNEXURE-1 : EXPOSURE UPTO Rs.50 LACS AT SME CENTRE
The structure of SME Centre for handling SME loans proposal u p t o Rs.50 lacs are as under:
v. Collection Team: Collection Team will perform hard recovery for loans below Rs.10 lacs.
NPA accounts of Rs.10 lacs and above will be migrated to SARB.
The structure of RASMEC for handling SME loans proposal u p t o Rs.50 lacs are as under:
ANNEXURE-3 : EXPOSURE ABOVE Rs.50 LACS UPTO Rs.5 CRORES AT SME CENTRE PLACES
Handled by RMSE
RMSE AMT will handle SME loans above Rs.50 Lacs to Rs. 5 Crores. RMSE AMT will consist
of RMSEs (III/II) with one support officer (Scale-I). RMSE team will handle 50-60 CIFs. The
RMSE team will be stationed at branch under both the models viz. Branch Model and Sales Hub
Model. Branch Model means sitting at a branch and handling accounts of that branch only. Sales Hub
Model means sitting at a branch and handling more than one branch’s accounts.
All RMSE accounts will be migrated to one branch wherein RMSE has maximum number of
accounts. However, for the convenience of the customer, a part of limit may be allocated to
branch of customer’s choice/near to his workplace/office, etc. and no allocation charges will be
levied for the said allocation. The RMSE team will report to AGM/Chief Manager SMEC.
Additional assessment of the proposals will now be done by AGM/Chief Manager SMEC.
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Roles Handling Structure
Sourcing & RMSE AMT to handle end to end management for loans above Rs. 50L to
proposal Rs. 5 Crore. Sourcing to be done by the RMSE AMT / AGM SMEC / Chief
writing Manager SMEC / Branches. Appraisal/Assessment to be done by RMSE
AMT but the additional assessment will be done by the concerned
CM/AGM SME Centre.
Split of duties between linked branch and RMSE AMT under Sales Hub Model
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Processing of Limit
Enhancement RMSE & AGM/CM SME Centre
Issue of LC/BG, post limit
Day-to-day sanction Linked branch
transactions Invocation of LC BG Linked branch
Any other day-to-day
transactions Linked branch
Unit Inspection RMSE Team
Stock Statement collection,
approval and feeding RMSE Team
Drawing Power updation RMSE Team
Document revival RMSE Team
Limit Renewal RMSE Team
Periodic Irregularity report RMSE to prepare report
(monthly/
quarterly/ RMSE and AGM/CM SME Centre to sign
yearly) Standard asset review RMSE to prepare report
report
RMSE and AGM/CM SME Centre to sign
Collection of No-lien letter
from customer RMSE Team
Issue of Balance
confirmation letter to RMSE Team
customer
ANNEXURE-4 : EXPOSURE ABOVE Rs.50 LACS UPTO Rs.5 CRORES AT RASMEC PLACES
RMSE AMT will handle SME loans above Rs.50 Lacs to Rs. 5 Crores. RMSE AMT will consist of
RMSEs (III/II) with one support officer (Scale-I). RMSE team will handle 50-60 CIFs. The RMSE
team will be stationed at branch under both the models viz. Branch Model and Sales Hub Model.
Branch Model means sitting at a branch and handling accounts of that branch only. Sales Hub Model
means sitting at a branch and handling more than one branch’s accounts. RMSE AMTs to provide end
to end solution i.e. from sourcing, pre-sanction, appraisal, sanction, disbursement and post
sanction activities (including custody of documents).
All RMSE accounts will be migrated to one branch wherein RMSE has maximum number of
accounts. However, for the convenience of the customer, a part of limit may be allocated to
branch of customer’s choice/near to his workplace/office, etc. and no allocation charges will be
levied for the said allocation. The RMSE team will report to Branch Head and other
officials in the AMT will report to RMSE. Additional assessment of the proposals will be by
Branch Head of the branch where the account is parked.
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Roles Handling Structure
Sourcing & RMSE AMT to handle end to end management for loans above Rs. 50L to
proposal Rs. 5 Crore. Sourcing to be done by the RMSE AMT / Branches.
writing Appraisal/Assessment to be done by RMSE AMT but the additional
assessment will be done by the concerned Branch Head.
Disbursement & Disbursement by RMSE AMT on completion of all the formalities and
Maintenance approval of Branch Head. Maintenance and all post sanction activity of
accounts will be the responsibility of RMSE AMT including soft recovery.
NPA accounts to be migrated to SARB as per Bank’s extant instructions.
In case of Sales Hub Model, the responsibilities for maintenance would be
shared between the RMSE AMT and linked Branch Manage as detailed
below. Apart from the indicated responsibilities, RMSE will be responsible
for all customer interfacing activities.
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Split of duties between linked branch and RMSE AMT under Sales Hub Model
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ANNEXURE-5 : EXPOSURE UPTO Rs.50 LACS AT NON BPR CENTRES
Documentation & Document preparation (by Branch), execution and charge creation at
Collateral Security the branches.
Disbursement & Disbursement will be done by the branch after completion of
Maintenance documentation and charge creation.
ANNEXURE-6 : EXPOSURE ABOVE Rs.50 LACS TO Rs.5 CRORES AT NON BPR CENTRES
ii. RMSE AMT will handle loans > Rs.50 Lac to Rs. 5 Crore (For
Patna and North East Circle cut off limit will be >Rs.25 Lac to Rs.5
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Crore
v. RMSE AMTs to provide end to end solution i.e. from sourcing, pre-
sanction, appraisal, sanction, disbursement and post sanction
activities (including custody of documents).
vi. Execution and custody of documents will remain with RMSE AMT
at the Branch to which the AMT is attached.
vii. For linked Branches under Hub & Spoke Model, the split of
responsibilities between the RMSE AMT and the linked Branch has
been enclosed below.
viii. RMSE will report to the Branch Head and the support officer
in the AMT will report to RMSE, as the support officer of RMSE is
intended to be of a lower grade/junior to RMSE. However, in cases
where due to administrative exigencies, the support officer posted
is of the same grade and seniority as the RMSE, then both of them
should report to the Branch Manager.
x. One RMSE AMT will not cater to more than one Region.
Role RMME AMT at i. RMMEs will handle SME loan proposals above Rs. 5 Cr instead of
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Non-BPR Centre Rs. 1 Cr (presently handled). As the number of such accounts
in Non-BPR centres may be less and scattered over a wider
geography, the non BPR RMME may cover a distance of not
exceeding 100 KM radius and with a benchmark of 20 accounts
per RMME, except where such RMMEs are deployed for clusters
offering larger opportunities, the benchmark number of CIFs per
RMME AMT can be 30-45.
ii. RMME AMTs will also handle green field projects involving total
exposure of > Rs. 2 Cr or not covered under CGTMSE, instead of
RMSE AMT at non-BPR Centres.
iii. Wherever the number of CIFs falling within the RMME threshold
of above Rs. 5 Cr is less than 20 per Region, Circle CMC may
maintain the status quo, i.e. continue with existing model. i.e
Sourcing For proposals > Rs. 50 Lac to Rs. 5 Cr to be sourced by RMSE AMT,
Branches and BC/BF
Appraisal / Appraisal & Assessment of proposal and CRA to be done by RMSE AMT.
Assessment
Additional Assessment of the proposals will be done by the concerned
Branch Head of the branch where the account is parked. In case of
reduction in lower cut off, additional assessment of RMSE AMT proposals
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for Rs. 25 Lac to Rs. 50 Lac would not be required, keeping in view the
moderate risk due to the lower ticket size of the loan.
Documentation & Post sanction, the LPC will visit the collateral site and perform due
Collateral Security diligence on the collaterals. After confirmation from LPC, the
documentation will be done by RMSE AMT.
The LPC officials to record their visit to the collateral in the digital
inspection tool, as and when implemented.
The LPC will visit the Branch and verify original collateral documents
(e.g. title deeds) and executed documents before disbursement and sign
on the sign-off sheet (In the case of renewals at same level - within 90
days of renewal).
Charge Creation In addition, the RMSE AMT has to confirm to the Cell once charge
creation has been completed and send scanned copies of the receipts/
proof to the Cell. Any delay beyond 15 days will be escalated to
the concerned Regional Manager by LPC.
Split of duties between linked branch and RMSE/RMME AMT under Sales Hub Model
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Decision regarding referred
cheques/Temporary Over Draft RMSE & Branch Manager
Processing of Limit Enhancement RMSE AMT
Issue of LC/BG, post limit sanction Linked Branch
Day-to-day
transactions Invocation of LC BG Linked Branch
Any other day-to-day transactions Linked Branch
Unit Inspection RMSE AMT, of which at least
once in a quarter by the RMSE
Stock Statement collection,
approval and feeding RMSE AMT
Drawing Power approval RMSE
Drawing Power updation RMSE AMT
Document revival RMSE/Support Officer
Limit Renewal, obtention of data RMSE AMT
Irregularity report Officials in the RMSE AMT
RMSE and Branch Manager to sign
Periodic
Standard asset review report RMSE AMT to prepare report
(monthly/
RMSE and Branch Manager to sign
quarterly/
yearly)
Collection of No-lien letter from
customer RMSE AMT
Issue of Balance confirmation
letter to customer RMSE AMT
ANNEXURE-7 : EXPOSURE ABOVE Rs.5 CRORES AT BPR AND NON BPR CENTRES
RMME AMT will handle SME loans above Rs. 5 Crores. RMME AMT will consist of RMSMs
(IV/III) with one support officer (Scale-I/II). RMME team will handle 30-35 CIFs. The RMME
team will be stationed at branch under both the models viz. Branch Model and Sales Hub Model.
Branch Model means sitting at a branch and handling accounts of that branch only. Sales Hub Model
means sitting at a branch and handling more than one branch’s accounts. RMME AMTs to provide
end to end solution i.e. from sourcing, pre-sanction, appraisal, sanction, disbursement and post
sanction activities (including custody of documents).
The RMME team will report to Branch Head and other officials in the AMT will report to
RMME. Additional assessment of the proposals will be by Branch Head of the branch where
the account is parked.
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Roles Handling Structure
Sourcing RMME AMT / Branches
Appraisal / Appraisal & Assessment of proposal and CRA to be done by RMME AMT.
Assessment
Additional Assessment of the proposals will be done by the concerned
Branch Head of the branch where the account is parked.
CRA validation Risk Rating Validation committee at Zonal Office/ LHO Level.
Proposal The secretariat of sanctioning committee would be responsible for
Confirmatory Check performing conformity checkon the proposal to ensure it is meeting
bank’s policies and guidelines.
Documentation & C&D Cell to set up at the RBO/Zonal Office. In cases where the RBO
Collateral Security is far away (more than 100 KMs) from the Zonal office and have more
than 12 eligible units, a separate documentation and collateral cell can be
set up at the RBO with the approval of DGM (B&O). C&D cell at ZO /
RBO will ensure visit to the collateral site and perform due diligence on
collaterals. The C&D cell officials to record their visit to the
collateral in the Digital Inspection Tool.
Disbursement & Disbursement by the RMME after completing all the formalities
Maintenance including requisite certificates from C&D cell.
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Split of duties between linked branch and RMME AMT under Sales Hub Model
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MIGRATION OF ACCOUNTS BETWEEN VARIOUS SALES CHANNELS
II. Distribution/migration of accounts will take place once in a year at the beginning of the
Financial Year and cut-off date for exposure will be 31st March of the previous
Financial Year.
III. All eligible accounts will be distributed / migrated at the earliest but not later than 31st
of May of every year. Accordingly, for the financial year 2017-18, the cut-off date will be
31.03.2017 and the exercise has to be completed by 31st May 2017.
IV. Till the time the account is actually migrated to the other team, the ownership will
remain with the respective existing team, where the account is presently being handled
and all the customer requirements, including request for
enhancement/fresh loan, should be addressed by the team till such time the account is
migrated to other team.
a. The existing team will handle the enhancement / additional loan request upto120% of
their respective maximum threshold for exposure [e.g. if the maximum threshold for
exposure for an AMT to handle the account is Rs.50.00 lac, it will process the
enhancement / additional loan request upto maximum 120% of Rs. 50.00 lac, i.e. upto
Rs.60.00 lac (including the enhanced portion / additional loan)] and the account will be
migrated to appropriate team as per the timelines proposed under para III above.
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immediately and the post sanction process will be done by it.
ii. If the enhancement/additional loan proposal is not sanctioned, the unit
will continue with the existing team, as the exposure to the unit will
remain within the threshold limits prescribed for the existing team.
VI. Renewal of credit limits / processing the customer’s request / dealing with audit
reports / arranging inspection / insurance, maintaining asset quality,etc. till
migration, should continue to be done by the team handling the accounts.
VII. All Group Accounts should preferably be housed with the team having highest
exposure on the group.
VIII. The borrower will be given 15 days advance notice before actual migration, in
case of change in the maintenance branch/office, etc.
IX. Any deviation in this regard will require specific approval from GM of the network.
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4. PRE-SANCTION CREDIT PROCESS
The extant credit process for providing any credit facility offered by the bank, can be bifurcated
into broadly two processing stages i.e., Pre- sanction credit process and Post sanction and Follow
up. As the name envisages the Pre-Sanction credit process means , the process involved up to
sanction. Right from enquiry of the application, to the sanction of the proposal, the entire process
involved is called pre-sanction credit process. The pre-sanction credit process comprises of
following:
As per KYC guidelines , the detail viz. Customer Information, Photograph, Signature, KYC
Documents in respect of all account based relationships established by the Bank are required to
be obtained. Account based relationship includes all types of loan accounts, non fund based
accounts like Bank Guarantee, Letter of Credit etc. and all type of deposits accounts. The KYC
details of entity as well as persons behind the entity are required to be obtained. PAN Number of
all Borrowers under MSME / C& I is also required to be obtained and verified with Income Tax
Portal. PAN Number of Guarantor / Director / Partner / Proprietor may also be obtained
wherever required and verified with income tax portal for its genuineness. Wherever proof of
address varies from the identification details submitted by the Borrower / Guarantor / Director
/ Partner / Proprietor, separate proof of address should be obtained. Document accepted for
proof of identity and address of individual / Non indiviudal should be verified through internet
on related website wherever such information is available online to ascertain its genuineness.
In order to establish the prima facie acceptability of the proposal, the branch/ AMT/CPC/RMME/
RMSE should examine the following aspects in the light of the instructions in force:
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Profile of the promoters/senior management personnel of the project,
List of defaulters, (RBI list of defaulters/wilful defaulters, CIBIL)
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Type of Report from one CIC Report from two CICs
Advances
Unsecured Loan Limit upto Rs.3 lacs Limit > Rs.3 lacs
Secured Loan * Limit upto Rs.10 lacs Limit > Rs.10 lacs
ii. No fresh limit / enhancement may be sanctioned to units in the 'Wilful defaulters' list of
RBI/CIBIL and other Credit Information Companies (CICs). However, an authority not
below CCCC may approve renewal/ continuation of earlier sanctioned limits.
iii. Credit facilities (Fresh Limits and renewal / enhancement) to applicant companies
whose directors are in the ‘wilful defaulters’ list of RBI / CIBIL and other Credit
Information Companies (CICs) Fresh limits and renewal/ enhancement of limits may be
considered. However such proposal falling within the power of CCC-II and below is
required to be sanctioned by CCC-I.
1.2.3 i-Probe:
While scrutinizing a new loan application, the processing officers will need to obtain i-Probe
report from the above portal by keying the details of the unit and its key persons. The i-Probe
search facility should also be used by the branches while issuing “No Dues Certificate” to any
current account holder and such certificate should be issued only after ensuring that the person,
in whose favour the NOC is being issued, is not linked to any loan in any branch of the Bank.
Individual as a guarantor:
i. Apart from obtaining proof of identification and address as per KYC norms, the details of
income, assets, liabilities, etc. is also required to be obtained as per following indicative
list:
a. Bank Account Statement – last 6 months
b. Credit Card Statement -- not more than 3 months old
c. Salary Slip (Recent date)
d. Income/Wealth Tax Assessment Order
e. Details of movable and immovable properties
f. Details of liabilities with its terms and conditions
ii. In case of Non-Resident Indian (NRI) Passport and Residence Visa Copies, Copy of
PIO/OCI Card issued by Govt. of India.
iii. Before accepting Third Party Guarantees, branches are advised to exercise more than
ordinary care in view of our experience that several frauds that have been detected are
found to be having links to fake title deeds of property purportedly belonging to third
party guarantors. Some of such Third Party Guarantors have no connection whatsoever
with the borrowing entity / promoters and have merely offered their guarantee /
fraudulent title for consideration.
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ii. Corporate as Guarantor:
a. Memorandum and Articles of Association (MAA), Certificate of Incorporation, Certificate
of commencement of business (in case of Public Limited Company), CIN
Number, Copy of PAN of Company, Proof of Current Address, etc. to be obtained.
b. If the guaranteeing corporate has borrowing arrangements, “No Objection”
certificate(s) from the lending banks.
c. Search, as is carried out in RBI Defaulters’ List / ECGC Caution List / MCA Site/ Credit
Information Company etc. for a borrowing entity and its Promoters / Directors is to be
ensured, mutatis mutandis.
d. The provision of the Companies Act, 2013 regarding providing guarantee or security by
companies should be considered before accepting the guarantee and to be ensured that
the same is valid and enforceable under law.
iv. Obtaining Separate Assets & Liabilities Statement: For all loans of Rs.25 lacs and above,
branches / operating units / processing cells should obtain statement of assets and
liabilities as per Annexure-4 with following documents:
- Copies of Documentary evidence in respect of assets of Borrowers/ Guarantors
- Bank account statement with all the Banks for the past one year to be obtained.
- Other assets to include cars, jet, yachts etc
- Detail term and conditions of liabilities reported including sanction letter, if any.
v. The statement of assets and liabilities is required to be obtained in the form of notarised
affidavit in case of the following types of loans:
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New loans For all loans rated ( SB-9) and worse.
Existing loans - renewal / enhancement For all loans rated (SB-9) and worse.
Existing loans - rehabilitation / restructuring In all cases
After filling in the affidavit format (Annexure-4) with all particulars and after duly
stamping at the rate in force in each state for affidavit as well as for an agreement and
with additional stamp duty for notarial act, the affidavit may be got sworn before a
notary public. At places where notary public is not available, the affidavit may be sworn
before a Magistrate duly authorised for the purpose.
vi. The Branch Managers / Managers(Division) / RMME / RMSE should scrutinise each
such report before compiling the final opinion sheet to ensure that the statements made
therein are correct.
vii. The estimates of the worth arrived at by the Cash Officer/CSO/Field Officer should be
conservative and lower than the assessment of the outside parties.
viii. All opinion reports should contain a signed summary of the Branch Manager’s /
Manager’s(Division) / RMME’s / RMSE’s own estimate of the borrower’s standing, total
means and the break-up worth of his immovable properties.
1.2.6 Time norms and other guidelines for monitoring disposal of credit proposals:
The detailed guidelines on time norms as applicable to the MSME & C&I are asunder.
Particulars Timeline for Loan
Application Disposal
All loans upto Rs.25 lac 14 days
Loans of Rs.25 lac and above upto Rs.50 lac 14 days
Sanction in case of takeover 14 days
Time norms for RM (SE)
Limits above Rs.50 lac upto Rs.5 Crore 22 days
Time norms for RM (ME)
Limits above Rs.5 Crore 22 days
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4 Customer meeting Meet the customer on the appointed day,
Make a presentation on products / services offered by the
Bank to suit the customer’s needs, Explain the sanction
process and Handover the check list of documents
required at each stage of processing of the loan
5 Application form/ application.
Obtain an application form/request letter from the
KYC Documents customer (if not taken already) alongwith KYC documents.
On the basis of above documents, conduct a preliminary assessment of the proposal, take a
view, whether proposal is as per bank’s loan policy and other circular instructions / guidelines
issued by the bank from time to time and if found acceptable move to stage -2.
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Stage-II: Business Verification
Sr. Topic Particulars
No.
Obtain the following documents from the customer
1 Financials Full set of Audited financials for the last 3 years, CMA
data duly signed by the promoters/directors, partners,
proprietor, etc.
2 Ownership Memorandum & Article of Association /
documents Partnership deed / Trust deed/ Bye-laws of society,
as the case may be.
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16 CIR Obtain CIR from the existing bankers on the
borrowing entity & its associates, if applicable.
17 Others Obtain other information, documents, etc., if any, required
to proceed to arrive at the CRA
18 CRA Do the CRA.
19 Pricing Negotiate pricing, other concessions, etc. with the
customer
20 Inspection Inspect the unit, manufacturing activities/
showroom, godown, collaterals, etc., with the help of the
Digital Inspection Tab / Mobile. Make discreet enquiries
with local persons to ascertain the ownership of the
property(ies).
On the basis of documents received so far, CRA, interest rate, securities offered, Banks Loan
policy, CRMD norms, etc., if the proposal is found to be acceptable and a broad agreement has
been reached on pricing & other terms & conditions with the borrower, move to Stage-3;
otherwise advise the customer of our inability to consider the proposal.
Stage-III: Appraisal :
Sr. Topic Particulars
No.
Documents to be obtained from the customer
1 TL with other banks If term loan has been tied up with any FI or other
lender(s), obtain the details along with a copy of the
sanction letter.
2 Title documents Obtain original title deeds/certified copies (in case of
takeover of limits), prior deeds, Land tax receipt, Building
tax receipt, possession certificate, Location sketch and
other relevant papers for TIR of the properties.
3 Investments made If some portion of expenditure has already been
so far incurred, obtain the necessary proof.
4 Other documents Obtain letter of allocation of power supply, certificates of
utilities availability, any other documents required to
process the proposal, etc.
Activities to be performed by RMSE/RMME/Branch
5 Term Loan In respect of suppliers of machinery, obtain opinion
requirement report from their bankers; obtain original copies of
invoices, quotations, arrangement of after sales service etc.
Have reports from D&B/any other accredited agency of
repute on the suppliers.
6 TIR of the securities Arrange TIRs of the immovable properties as per
bank's extant norms.
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7 Valuation of Arrange valuation report of the properties as per bank
securities norms.
8 TEV Study, etc. Arrange for TEV Study & cost verification, in case of term
loan as per the extant instructions / requirements.
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5. ANALYSIS OF FINANCIAL STATEMENTS
INTRODUCTION: Financial Statements (FS) are the backbone for any credit proposal. The
premise of any credit proposal is built upon the financial statements. Financial statements are
formal records of the financial activities of a business / entity / person and provide an overview
of the financial condition in both short and long term. Financial statements give an accurate
picture, to a great extent, about the financial health of the entity in a condensed form and are
used as a tool to assess the overall position and operating results of the business. Ratio analysis
shows whether the business entity is improving or deteriorating in past years. Moreover,
comparison of different aspects of all the entities can be done effectively with the help of
trend/ratio analysis. Analysis and interpretation of the financial indicators does not always
prove to be easy as it requires multiple calculations and combined approaches. The knowledge
and understanding about the business is essential for proper analysis / interpretation. It helps in
determining the liquidity position, long term solvency, financial viability and profitability of the
business entity. It also helps to decide in which entity, the risk is less or in which one should
invest to reap the maximum benefits. Thus, the conclusions of the analysis carried out in a
professional manner will be able to correctly describe about the status of the entity and finally
helps in taking an informed decisions. Financial statements are prepared by the management to
cater to the needs of the various users/stakeholders viz. Shareholders, Government
Departments, Employees, Customers, Lenders/Financial Institutions etc. Each stakeholder has its
own perspective for understanding the financial statement. Analysis of the financial statements
is very crucial for the lenders as their credit decision is broadly based on the financial statement.
Thus, it is necessary for each stakeholder to analyse the financial statements from his own
perspective as per his requirement.
Policy on analysis of Audited financials: All borrowing units which are in operation need to
submit their Audited Balance Sheet to the Bank with in 6 (six) months of close of the Financial
Year (F.Y.) i.e. last date for submission of ABS will be 30th September if F.Y. closes on 31st March.
For sanction of any new credit facilities or enhancement in existing facilities, the audited
financial statements should not be more than 12 months old. In case the latest audited financials
are more than 12 months old, provisional financial statements not more than 6 months old is to
be obtained and analysed with a view to ensure that the performance and financial indicators are
not deteriorated. In such cases Audited Balance Sheet has to be obtained subsequently and CRA
is to be worked out. However for take-over accounts, In case the latest audited financials are
more than 9 months old, provisional financial statements not more than 6 months old is to be
obtained and analysed.
Contents of Financials Statements: The Companies Act, 2013 defines the term “FINANCIAL
STATEMENTS” to include:
i. A Balance sheet as at the end of the financial year,
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ii. A profit and loss account, or in the case of a company carrying on any activity not
for profit, an income and expenditure account for the financial year,
iii. Cash flow statement for the financial year,
iv. A statement of changes in equity, if applicable; and
v. any explanatory note annexed to, or forming part of, any document referred to in
(i) to (iv) above,
Provided that the financial statement, with respect to One Person Company, Small Company and
Dormant Company, may not include the cash flow statement.
One Person Company means a company which has only one person as a Member.
Dormant Company: Where a company is formed and registered under the Companies Act for a
future project or to hold an asset or intellectual property and has no significant accounting
transaction, such a company or an inactive company may make an application to the Registrar in
such manner as may be prescribed for obtaining the status of a dormant company.
(i) “inactive company” means a company which has not been carrying on any business or
operation, or has not made any significant accounting transaction during the last two
financial years, or has not filed financial statements and annual returns during the last two
financial years;
(ii) “significant accounting transaction” means any transaction other than,
(a) payment of fees by a company to the Registrar;
(b) payments made by it to fulfill the requirements of this Act or any other law;
(c) allotment of shares to fulfill the requirements of this Act;
(d) payments for maintenance of its office and records.
The format for preparation of financial statements for the Companies is standard as per
Companies Act 2013. For other type of constituents’ viz. proprietorship/partnership etc., the
format for preparation of financial statements is being used more or less on the similar lines.
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Understanding Financial Statements: On receipt of the Audited Financials, first of all, the
credit officer should check the genuineness of the same and its contents. The users should read
the financial statement carefully and ‘Between the Lines’ with special emphasis to
Independent/Statutory Auditors’ Report along with CARO report. For a true and complete
understanding of financial statements, it is imperative and prerequisite that the financial
statements should not be read in isolation but should be read in conjunction with the Independent
/ Statutory Auditors’ Report along with any explanatory note annexed to or forming part of
Auditors’ Report.
Auditors’ Report: The Auditors’ report is the Auditor’s opinion on the financial statement,
based on their audit. The auditor makes his opinion on the true & fair representation of the
material facts and also opine on the material aspects of the units. There are two type of Auditors’
Report i.e. Clean & Qualified. Clean reports do not contain any adverse remarks / comments of
the Auditors. Qualified reports are those reports where the Auditors qualify their opinion /
furnish adverse comments in case of any non-compliance with any of the law / rules / Acts /
Accounting Standards or material departure from the accounting principles etc. and these non-
compliances are having material impact on the financial statements. The Auditors, may also
furnish the facts / incidences, which could not be ascertained / quantified at the time of audit but
may have an impact on the financial statements in future and needs attention of the users of
financial statements under the head “Matter of Emphasis”. Sometimes, it is difficult for the
Auditors to form any opinion on the financial statement due to lack of maintenance of books of
accounts / non availability of proper records, information etc. In such a scenario, the Auditors’
disclose these facts in their report as disclaimers or give adverse report. Thus, the Auditors’
Report should be examined with extra care and diligence by the users.
Credit Monitoring Arrangement (CMA): In our Bank, we are using the CMA format for
analyzing of financial statements. There were 6 forms in the CMA format. Later on, in 1997, when
the Projected Balance Sheet Method or Assessed Bank Finance Method of Working Capital
Finance were introduced by the Reserve Bank of India (RBI), form-V, which was used to calculate
Maximum Permissible Bank Finance (MPBF) under Tandon Committee norms, was made
optional / discontinued. Thus form-VI became the form-V. Though some banks are still using 6
forms CMA format but in our bank, the CMA format contains 5 forms viz.,
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The CMA is being prepared for 4 years data i.e. last two years actual audited data, current year
estimates and projections for the next year. Generally, we are using excel sheets for preparation
of CMA. For preparation of CMA, the various items of the financial statements are
reclassified/regrouped/rearranged in such a manner, which can provide the desired
information/ratios/results to the lenders according to their requirement. The indicative format
of CMA is given in Annexure-I. The brief details of the CMA forms are as under,
Form-I, details of borrower is to be submitted by the entity. It is simply the request of the
borrower in numerical form.
From-II, Operating Statement is being filled / prepared on the basis of Profit & Loss account or
the Profit and Loss account is to be converted into Operating Statement as lenders’ focus is to
find out the profitability from the operations i.e. the key activity of the unit and also to know
about the cost of production / cost of sales. Each and every item of Profit and Loss account is to
be analysed independently as well as with correlation with other items. Any extra ordinary
change during the relevant financial year over the previous year should be examined in depth to
ascertain the reasons and resultant consequences thereof. The important items under Profit and
Loss accounts are Gross Sales, Net Sales, Raw Material Consumption, Depreciation, Interest on
Working Capital/Term Loans/ Unsecured Loans, cost of production, cost of sales, Non-Operating
Income/Expenditure, Selling and General Expenses and Taxes etc.
Form-IV, Comparative statement of Current assets & Current Liabilities contains the data for
movement of current assets and current liabilities and also indicates / calculates the holding
level for various items of current liabilities and current assets.
Form-V, Fund Flow Statement is not an integral part of financial statements. The lenders will
have to prepare this statement on their own. The Fund flow Statement is prepared to check the
movement of long term funds between two Balance Sheet dates and the availability of Long Term
Surplus / Deficit, which must be equal to the difference in Net Working Capital (NWC) during
two Balance Sheet dates. Net working Capital (NWC) means the difference between current
assets and current liabilities. More the long term funds available to support short term uses,
more the unit will be comfortable in honoring its short term sources. The Long Term Sources can
be calculated by summing the increases in term liabilities and net worth i.e. other than current
liabilities or decreases in fixed assets, non-current assets and intangibles i.e. other than current
assets. Similarly, the Long Term Usage can be calculated by summing the decreases in term
liabilities and net worth i.e. other than current liabilities or increases in fixed assets, non-current
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assets and intangibles i.e. other than current assets. If the Long Term Sources is more than the
Long Term uses, there will be Long Term Surplus and if the Long Term Sources is Less than the
Long Term uses, there will be Long Term Deficit.
Related Party Transactions: As per Accounting Standard (AS)-18, related party transaction
means ‘A transfer of resources or obligations between related parties, regardless of whether or
not a price is charged’ and Related Party means ‘One party has the ability to control the other
party or exercise significant influence over the other party in making financial and/or operating
decisions’.
Control means (a) ownership, directly or indirectly, of more than one half of the voting
power of an enterprise, (b) control of the composition of the board of directors in the case of a
company or of the composition of the corresponding governing body in case of any other
enterprise, (c) a substantial interest in voting power and the power to direct, by statute or
agreement, the financial and /or operating policies of the enterprise. Control also includes right
to appoint a majority of directors or to control the management or policy decisions including by
virtue of their shareholding or managements or share holder agreement or voting agreement.
Associate Company: As per Companies Act 2013 Section 2(6), a company in which that
other company has a significant influence, but which is not a subsidiary company of the company
having such influence and includes a joint venture company. For the purposes of this clause,
“significant influence” means control of, at least 20% of total share capital or of business
decisions under an agreement.
Holding Company: As per Companies Act 2013 Section 2 (46), Holding Company in
relation to one or more other companies, means a company of which such companies are
subsidiary companies.
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only
Government department and agencies, Public utilities, Trade Unions
Related party transactions may be the normal feature of business as some units are having
associate, subsidiaries, joint ventures, sister concerns to carry out various activities either as
backward or forward integration for the main unit. For example, if unit ‘A’ is engaged in
manufacturing of ball pens, it may have another concern i.e. unit ‘B’, which is engaged in
manufacturing of ink and the entire or part of the production of unit ‘B’ is being sold to Unit ‘A’.
Thus unit ‘A’ is fulfilling its requirement of ink by procuring it from unit ‘B’, which may be a
subsidiary, associate, joint venture etc. This type of arrangement may be considered as backward
/ forward integration for the unit ‘A’ / Unit ‘B’ respectively.
Related party transactions are of significant importance for lenders in evaluating a borrower
customer and its dealings. Lenders are required to analyse the related party transactions with
due care. An enterprise is supposed to transact with its related party at arm’s length price.
However, if a company wants to siphon off its profit, it may sell at a lower price or purchase at a
higher price to / from its related parties. Hence the lenders should satisfy themselves about the
transactions carried out with a related party with regard to the genuineness. In other words,
whether these transactions are genuine business needs? If the answer is positive and the pricing
is proper i.e. at Arm’s Length basis, it is OK but if the answer is negative and there are doubts on
the pricing, the reasons and the ultimate objectives for such transactions must be ascertained
and critically examined.
Creative Accounting and Beyond Balance Sheet: Validation of data through CMA is nothing
but analysis of financial statements with lenders’ perspective. Variation, movements, deviation,
trend analysis of figures etc. provides the picture of certain quantitative information like sales
trend, profitability, solvency, liquidity, holding periods, diversion or siphoning of funds, future
plans and seems to be quite helpful while taking credit decisions. That’s why the CMA is
considered to be the soul of any credit proposals. Here, the question arises whether the numbers
only can give us the entire glimpse of the proposal about the bankability or we should need
something else? Certainly, it’s not possible to have a holistic view without analysing the numbers
available in the financial statements but whether these are sufficient to take a well informed
credit decision. Now, the next question comes to mind that how to have a complete & thorough
understanding not only of the financial statements but better understanding of the business
environment, in which the unit is operating or plans to operate.
There are many definitions of Creative Accounting but in a common man’s language, the
technique by which financial statements are made to reveal a better picture than what they
really are is called creative accounting or window dressing. The people involved in such type of
accounting practices are called Creative Accountants. These accountants do not break any rule
but only play with it in a favorable manner. They present the transaction in an imaginative
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manner.
In most of the cases, what is highlighted as current year’s performance was either achieved last
year or would materialize or accrue during the next year or might not happen at all in the
foreseeable future. The notes on Accounting Policies contain the clues to the most of the
creations. Any credit officer, having good knowledge of the accounting principles and relevant
legal frame-work can understand the Creative or Window Dressed financial statements. Clues
may be started with the change of Independent/Statutory Auditors other than any statutory
requirement. There are areas, where scope of creative accounting might not be obviated.
Ratio Analysis: After analyzing the financial statements and classification of items in the CMA
data, next step is to calculate various ratios. Financial statements are prepared by the unit in
compliance of various statutory requirements for the benefit of various stakeholders. However,
analysis of the financial statements is very crucial for the lenders as the financial statements are
the backbone of any credit decision. Therefore proper classification of data, calculation and
interpretation of various ratios is very important for the lenders. The most commonly used
method for analyzing the financial statements is computation of various ratios.
1. Profitability Ratios
RM Consumption to Cost of Production [%]
PBT / NS [%]
PAT / NS [%]
EBIDTA to NS [%]
Return on Capital Employed (ROCE) [%]
Operating Profit to Net Sales [%]
2. Liquidity Ratios
Current Ratio
Level of Net Working Capital and its movement
3. Leverage Ratios
TOL / Adjusted TNW
Debt Equity Ratio
4. Coverage Ratios
Interest Coverage Ratio i.e. EBIDTA / Interest
Long Term Debt / EBIDTA
Debt Service Coverage Ratio (DSCR)
5. Holding Ratios
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RM holding level
SIP holding level
FG holding level
Trade Receivables holding level
Trade Payables / Annual Purchases
Ratios are a statistical yardstick to measure the relationship between two items of financial data.
The ratio is the quotient obtained by dividing the value of one variable of the financial
statements by another variable but the selection of variable is the most important. It is therefore
extremely important that the ratios are calculated in respect of variables, which are directly
related, are interdependent and gives meaningful information. Proper interpretation of the ratios
is an important key for decision making. The movement of one ratio should preferably be read
with the movement of another related ratio/financial parameter.
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INSTRUCTIONS FOR FILLING UP THE APPRAISAL FORMS:
Form I
a) Information should be given separately in respect of each of the working capital credit
facilities, viz. Cash Credit/Overdrafts, Export Packing Credit, Working Capital Term Loan, Bills
Purchased and Discounted, both Inland & Exports, etc. Details of quasi-credit facilities viz.,
Letters of Credit, Guarantees, etc. should also be indicated. Data relating to Term Loans, DPGs,
etc. should be shown separately under sub-head ‘B’.
b) In the case of a multi-division company if separate credit limits are sanctioned for the
different divisions, the data should be shown division-wise. Division-wise sub-totals should
also be indicated.
c) Details of credit facilities, if any, availed of by the borrower from non-consortium banks
should be indicated separately. Details of deposit accounts, if any, maintained with other non-
consortium banks should also be indicated.
d) In case ‘the existing sanctioned limits have remained/are largely unutilised, the reasons
therefor should be given.
f) Where borrowers, prospective or existing, have availed of finance from NBFCs or other
lenders by way of leasing or hire-purchase finance, details of such acquisitions e.g.,
description of assets, year of acquisition, value of asset (original as well as depreciated), lease
rental/hire-purchase instalment payment programme, overdue instalment/rental, if any, etc.
should be given in a separate sheet. In case of overdue rentals/instalments, proposed action
plan of the borrower to liquidate the overdues and timeframe for the same should also be
given in the statement.
1) In case the audited balance sheet and profit and loss account for the previous accounting year
are not available, estimated/provisional data for that year may be indicated in Column (2) of
Forms II, III and IV.
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2) The assumptions on which the projections viz., sales turnover, profitability, build-up of
inventory and receivables, other current assets, current liabilities, etc. have been based,
should be indicated.
3) In the case of a multi-division Company, division-wise data should be indicated separately for
each division, on Form II and IV. In such cases, Form III (Analysis of Balance sheet) should
encompass data for the company as a whole. Wherever possible, separate data for each
division may also be indicated on Form III.
4) The valuation of sales-projections should be based on the current ruling prices. Similarly, the
valuation of various inputs of cost of sales in the projections should also be based on current
costs.
5) The projected carry of inventory and receivables shown in Form III should normally be in
conformity with the levels prevailing in the trade and/or the past trends/levels usually
maintained by the borrower whichever are lower. In case the level of projected
inventory/receivables is higher than that prevailing in the industry/past levels, the reasons
therefor should be explained; in such cases, a definite programme for conforming to the
stipulated levels should also be indicated. While projecting the levels of
inventory/receivables, the Government/RBI guidelines/directives, selective credit control
provisions, etc. in force in this regard, should be kept in view. In all cases, carry of inventory
on speculative grounds is prohibited.
6) The projected level of current assets other than inventory and receivables, and that of current
liabilities should also compare with the past trends and prevailing market conditions. In case
there are significant/abnormal variations, the position should be explained in respect of each
item of variation.
7) The basis of valuation of current assets should be in accordance with that adopted for
statutory balance sheet. The estimates of current liabilities and recording of income and
expenses should also be on the same basis as that adopted for the statutory financial
statements.
8) The classification of current assets and current liabilities should be done as per the usually
accepted approach of the Bank and not as per definitions in the Companies Act: the guidelines
indicated in this regard by RBI should also be kept in view.
9) Deposits from dealers, selling agents, etc. may be treated, as term liabilities irrespective of
their tenure, if such deposits are accepted to be repayable only when the dealership/agency
is terminated. The deposits, which do not satisfy the above condition, should be classified as
current liabilities.
10)In case specific provisions have not been made for known liabilities like dividend payable, tax
payable, etc. estimates thereof should be made for eventual payment during the year and the
amount, though not provided, should be shown as current liabilities.
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11)Details of term liabilities raised during the year (Debentures, Term Loans, Deferred Payment
Credits, Long Term Deposits etc.) should be furnished separately.
12)Bills purchased and discounted (though shown as contingent liability in the balance sheet)
should be included under items 28(i) and (ii) of Form III.
14)In case of borrowers having seasonal activity where the working capital limits are required to
be sanctioned based on peak level requirements (not coinciding with balance-sheet date) the
corresponding data in respect of current assets and current liabilities for the
previous/preceding year(s) should also be indicated separately on Form IV. In such cases, the
corresponding build-up of balance sheet position as on the date of peak requirement should
also be indicated.
15)If the canalised items form a significant part of the raw materials, this may be shown
separately.
16)Income received from and the expenses paid to subsidiary companies/affiliates or sales
to/purchases from them, should be indicated separately by way of footnote(s) to Form II.
17)If the company is a subsidiary, the extent and nature of interest the holding company is
having and also its name should be furnished as a footnote to Form III.
18)If the company is a holding company, the extent and nature of its interest in subsidiary
companies and their names should be furnished as footnote to Form III.
19)Three copies of the last audited balance sheet should be submitted along with the appraisal
data.
Form V
1) Increase in carry of inventory and receivables, which are disproportionate to percentage rise
in sales turnover, should be explained in detail separately.
2) Similarly, a decrease in current liabilities which is not commensurate with percentage rise or
fall in sales turnover should be explained in detail separately.
3) In case the increase in Working Capital Gap is not commensurate with the increase in net
sales, the position should be explained in detail separately.
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4) Item 7 (Net surplus/deficit) and item 8 (increase/decrease in bank borrowings) would be
algebraically opposite figures, and these should agree with each other.
Note: In all cases other than sick/weak units, the computation of Assessed Bank Finance (ABF)
should be done as per the PBS method of Assessment of Working Capital.
FORM - I
Balance
Name of Extent to
Existin O/s as Limits requested
S Bank / Nature of which Limits
g on
r. Financial Facility were utilised
Limits 31-03-
Institution during last FY 20… - 20….
20….
Max. Min.
A. Working
Capital Limits
1 Fund based Cash Credit
Letter of
2 Non-fund Credit
based Bank
Guarantee
B. Term Loans Term Loan
Total
S Name of the Date of Limits from all Banks and financial Overdues, if any
Page 51 of 180
r. Associate Balance institutions
Company & Sheet Name of Working Capital
Activity Bank /
Term
Financi Non-
Fund Loan &
al fund
based DPG
Instituti based
on
-
1
- - -
2
3
-
4
- - -
5
Page 52 of 180
(vi) Depreciation
(vii) SUB TOTAL (i to vi )
(viii) Add: Opening Stock in Process
(ix) Deduct: Closing Stock in Process
(x) COST OF PRODUCTION
(xi) Add: Opening Stock of Finished
Goods
(xii) Less : Closing Stock of Finished
Goods
(xiii) COST OF SALES
6 Selling General & Adm. Expenses
7 SUB TOTAL (5+6)
8 Operating Profit Before Interest (3-
7)
9 Interest
10 Operating Profit After Interest
11(i) Add : Other Non Operating Income
.
.
Sub-total Non operating Income
(ii) Deduct: Other Non Operating
expenses
.
.
Sub-total Non operating expenses
Net of Non-Op. Income/Expenses
12 Profit / (Loss) Before Tax
13 Provision For Taxes
Current Tax
Deferred Tax
14 Net Profit / (Loss) After Tax
15 Dividend Paid including taxes on
Dividend*
16 Retained Profit
17 Retained Profit / Net Profit (%)
* in case of firms, drawings made by the proprietor / partners during the year
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(including bills purchased /
discounted)
(i) From applicant Bank
(ii) From other Banks
(iii) (of which BP & BD)
Bank Borrowings - Sub Total
2 Short term borrowing from others
3 Sundry creditors (Trade)
4 Advance payments from
customers/dep. from dealer
5 Provision for taxation
6 Dividend payable
7 Other statutory liabilities (due within
one year)
8 Deposits/Installments of TLs / DPGs
/ Debenture (due within 1year)
9 Other current liabilities & provisions
(due in 1 year) (Specify major items)
Other Current Liabilities(OCL)
other than Bank Borrowings Sub-
total
10 Total Current Liabilities [total of 1
to 9 excl. item (1-iii)]
TERM LIABILITIES
11 Debentures (not maturing within 1
year)
12 Preference shares (redeemable after
1 year and having maturity within
less than 12 years)
13 Term loans (excl. installments
payable within 1 year)
14 Deferred Payment Credits (excl.
installments due within 1 year)
15 Term Deposits (repayable after 1
year)
16 Other term liabilities
17 TOTAL TERM LIABILITIES
18 Total Outside Liabilities (item 10 +
17)
NET WORTH
19 Ordinary share capital
20 General Reserve
21 Revaluation Reserve, if any
22 Other Reserves
23 Surplus(+) or deficit(-) in P&L
account
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24 NET WORTH (19+20+21+22+23)
25 TOTAL LIABILITIES (18+24)
Page 55 of 180
ANALYSIS OF BALANCE SHEET FORM - III (Continued)
Name of the unit: As per Balance Sheet as at 31.03….
ASSETS Last two years actuals Current Next
Year Year
AUD AUD EST PROJ
CURRENT ASSETS
26 Cash and Bank balances
27 Investments (other than long term
investments)
(i) Fixed Deposits with Banks (LC, BG
Margin for working capital etc.)
(ii) Govt. & other Trustee Securities
28(i) Receivables other than deferred &
export (export including bills
purchased and discounted by Bank)
(ii) Export receivables (including bills
purchased & dis. By Bank)
29 Installments of deferred receivables
(due within 1 year)
30 Inventory:
(i) Raw materials (including stores &
other items used in the process of
manufacture)
a Imported
b Indigenous
(ii) Stock-in-process
(iii) Finished goods
(iv) Other consumable spares
a Imported
b Indigenous
31 Advances to suppliers of raw
materials
32 Advance payment of taxes
33 Other current assets (Specify major
items)
34 TOTAL CURRENT ASSETS (26 to
33)
FIXED ASSETS
35 Gross Block
Add: Capital Work-in-Progress
36 Less: Depreciation to date
37 NET BLOCK (35-36)
OTHER NON-CURRENT ASSETS
38 Investments / book debts / advance
/ deposits which are not Current
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Assets
(i) Investments in associate /
a subsidiary Companies
b Others
(ii) Advances to suppliers of capital
goods & contractors
(iii) Deferred Receivables
(iv) Others
-Security deposit
-Any other Non-Current asset
39 Slow Moving / Old / Obsolete stocks
40 Other non-current assets
41 TOTAL OTHER NON-CURRENT
ASSETS
42 a. Intangible assets
b. Deferred Tax Assets [DTA]
43 TOTAL ASSETS (34+37+41+42)
44 TANGIBLE NET WORTH (24-42)
45 NET WORKING CAPITAL =
(17+24) - (37+41+42) or (34-10)
46 Current Ratio
47 TOL/TNW
48 TTL/TNW
Page 57 of 180
FORM - IV
Comparative statement of Current assets & Current Liabilities
Name of the unit: Last two years actuals Current Year Next Year
AUD AUD EST PROJ
I. CURRENT ASSETS 1 2 3 4
1 Raw materials including stores &
other items used in the process of
manufacturing
(a) Imported : Amount
: Month's consumption
(b) Indigenous : Amount
: Month's consumption
2 Other consumable spares, exc. those
included in (1) above
(a) Imported : Amount
: Month's consumption
(b) Indigenous : Amount
: Month's consumption
3 Stock-in-process: Amount
:Month's cost of production
4 Finished goods : Amount
: Month's cost of Sales
5 Receivables other than export &
deferred receivables (Including Bill
purchased & discounted by Bank)
: Month's Domestic Sales( inc.
deferred payment sales)
6 Export receivables (inc. Bills
purchased & disc.)
: Month's export Sales
7 Advance to suppliers of RM / Stores
etc.
: Month's consumption
8 Other current assets inc. Cash & Bank
balances receivables due within one
year (specify major items)
Cash & Bank balances
Investment except long-term
investment
Others
9 TOTAL CURRENT ASSETS
II. CURRENT LIABILITIES
(Other than Bank borrowing for
working capital)
10 Creditors for purchase of raw
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materials, stores, spares &
consumable
Amount
Month's purchase
11 Advance from customers
12 Statutory liabilities & Prov. For Tax.
13 Other current liabilities
a) S T borrowing-others
b) Dividend payable
c) Installments of TL, DPG & public
deposits
d) Other current liabilities & provisions
14 TOTAL CURRENT LIABILITES
FORM - V
FUND FLOW STATEMENT
Name of the unit: Last two years actuals Current Year Next Year
AUD AUD EST PROJ
1 SOURCES
a) Net profit after tax(+)
Loss(-)
b) Depreciation
c) Increase in capital
d) Increase in term
liabilities
e) Decrease in :
(i) Fixed assets
(ii) Other non-current assets
f) Others
g) TOTAL
2 USES
a) Net loss
b) Decrease in term
liabilities
c) Increase in:
(i) Fixed assets
(ii) Depreciation adjustment
(iii) Other non-current assets
d) Dividend payment
e) Others
f) TOTAL
3 Long term surplus /
deficit
4 Increase/Decrease in
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current assets as per
details given below)
5 Increase/Decrease in
current liabilities other
than Bank borrowings
6 Increase/Decrease in
working capital gap
7 Net surplus (+) / deficit(-
)
8 Increase / Decrease in
Bank borrowings
INCREASE/DECREASE
IN NET SALES
*Break-up of (4)
(i) Increase/decrease in Raw
materials
(ii) Increase/decrease in
Stock - in - process
(iii) Increase/decrease in
Finished goods
(iv) Increase/decrease in
Receivables
(a) Domestic
(b) Export
(v) Increase/decrease in
Stores & spares
(vi) Increase/decrease in
Other current assets
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6. ASSESSMENT OF WORKING CAPITAL FINANCE
Financial needs of modern business enterprise may be classified into two categories
Modern Industries and capital intensive by nature and its Fixed Capital includes lands and
building, Plant and Machinery, and tools and implements. The requirement of finance to
purchase fixed capital is essentially long term in nature. The working capital, short term in
nature, is required to purchase raw materials and meet day to day administrative and other such
expenses.
There are various sources of finance for a modern industrial unit. These sources are of two types
(a) Internal sources and (b) External Sources. Internal sources include paid up capital in the form
of share subscription, ploughing back of profits and reserves. The external sources include
debenture issue, public deposits, loans from Commercial banks and other specialized
institutions. Lending operation of the commercial banks to the Industrial Units and other
Business Enterprises are governed by the guidelines issued by the Reserve bank of India.
Banks finance is largely divided into two categories i.e. Term Credit and Working Capital Loans.
Term Credit refers to the funds required for investment in fixed or permanent assets like land,
building, plants, machineries, other fixed assets etc. Fixed Capital in the nature of Term Credit is
required for the establishment of business. Tem Credit facilities generally are allowed for longer
term in nature. Working Capital refers to the capital which is required to meet day to day
expenses of the unit to complete an operating or working capital cycle smoothly. Working capital
funds are deployed for building up of current assets like raw materials, stock in process, finished
goods, trade receivables, advance payments etc. Working capital plays a very important role in
business. It acts as a lubricant to run the wheels of fixed assets. The effective provision and
efficient utilization of working capital can lead to success of the business.
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Thus working capital represents the total funds required for running the operating cycle
and finance manufacturing, production and sales. Therefore it is called operating Capital
or Short term capital. Total funds required for the continuous operations of the business
on a going basis.
Financed as Cash Credit, Overdraft, Short Term Working Capital Loan etc,.
Assessed for one year and renewed annually.
Operating Cycle of Working Capital: The operating cycle concept of working capital envisages
measurement of the average time taken by an enterprise from infusion of funds into system to
realisation of cash by selling the goods so that the funds can be deployed for starting another
cycle. In other words, the operating cycle commences when cash is initially injected into the
system for purchase of the basic raw material components required for production. The system
completes one cycle when cash is realized out of the sale proceeds of finished goods. The process
of manufacturing unit has to pass through the following stages to complete its operating cycle.
(i) Conversion of cash into raw material–
(ii) Conversion of raw material into stock in process and to finished goods
(iii) Conversion of finished goods into receivables or cash
How to Measure Operating Cycle: The operating cycle is measured in terms of days or months
of average inventory need to be held for every major category of working capital components.
The formulas for calculation of holding periods of individual components of operating cycle are
as under,
There are various factors that need to be considered while accepting estimated Holding levels
of the various components of Working capital. The Indicative factors are,
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Raw Materials : Factors such as Average Consumption/Holding, Lead Time, Economic Order
Quantity, Supplier– Govt. / Local/Foreign, Seasonality, Perishability, Credit available, Cost of
holding, Criticality,Transport cost, Storage capacity etc.
Stock in Process: Important Factors are Process / Processing Time, Technology, Product Range,
Capacity mismatch / Bottlenecks, Production Cycle, No. of shifts worked, etc.
Finished Goods: The various factors are Firm orders or anticipated orders (Order pattern),
Minimum Dispatch Quantity, Buyer profile – Govt. / Local / Foreign, Supply terms,
Availability of Transport, Seasonality, Marketing arrangements - Direct/Dealers, Demand for the
products, Carrying costs and impact of estimated profitability, Estimated turnover, Availability at
short notice,Availability of proper storage arrangements etc.
Receivables: The various factors that need to be taken into account are Trade practices/
Industry practices, Marketing arrangements – Direct / Dealers, Customer profile – Old / New /
Govt. / Local / Foreign, Market conditions / Market positioning, Credit Policy of the Unit, Bulk
orders / sales, Seasonality (E.g. Raincoats, Woolen products), Price advantage, Competition,
schemes offered by competitors, Credit received from suppliers in the market, resources etc.
Sundry Creditors: Critical factors are Reputation of the Unit in the market, Cost, Trade
practices / Market practices, Market positioning, Bulksales, Credit Policy, Liquidity.
Annual Consumption of Raw Material = Annual Purchases of Raw Material + Opening Stock of
Raw Material- Closing Stock of Raw Material.
Methods of Assessment of Working Capital: Though there are various methods used for assessing
the quantum of Working Capital Requirement for a Business Enterprise.
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1. TRADITIONAL METHOD of Assessment of Working Capital Requirement; is applicable for small
loans upto Rs. 25 lakh. As Bankers we provide working capital finance for holding an acceptable
level of current assets, viz. raw materials, stocks-in-process, finished goods and sundry debtors
for achieving a predetermined level of production and sales. Quantification of these funds
required to be blocked in each of these items of current assets at any time will, therefore provide
a measure of the working capital requirement (WCR) of an entrepreneur.
3. PROJECTED BALANCE SHEET METHOD: The Tandon Committee has prescribed three
Alternative method of computation of Maximum Permissible Bank Finance (MPBF). All the three
methods recognized that banks would lend only a portion of the working capital Gap (WCG),
which is the value of the acceptable level of current assets after netting off the other sources of
funding WC requirements. We willdiscuss two methods as the third method was never imposed by
the RBI and accepted by the Banks.
FIRST METHOD: The difference between the acceptable level of Current Assets and the projected
quantum of Other Current Liabilities will be computed and designated as Working Capital Gap.
Net Working Capital (NWC) of the Company should be at least equal to 25% of Working Capital Gap
and the bankcould finance upto 75% of the Working CapitalGap.
SECOND METHOD: NWC should be at least equal to 25% of the total value of acceptable Current
Assets. The remaining 75% would be met by Current Liabilities, including BankFinance.
For the Trading enterprises, Bank has suggested the method, which is based on the PAT Method.
Till the year 1996-97, banks in India were following the concept of MPBF for working capital
limits, as enunciated in Tandon Committee. In the Monetary and Credit Policy for the first half of
1997-98, RBI announced withdrawal of their extant prescriptions on the assessment of working
capital (WC) finance based on the MPBF concept. RBI also advised banks to evolve an appropriate
system for assessing WC credit needs of borrowers, and to lay down transparent policy and
guidelines for credit dispensation in respect of each category of economic activities. State Bank of
India felt that many aspects of the CMA followed till then, were based on sound principles of
lending. Hence, while there was a need to continue to adopt these, certain flexibility was required to
be brought into the method to avoid any rigid approach to fixing the quantum of finance. This revised
method of WC assessment, known as projected balance Sheet (PBS) Method, which reflects a fresh
approach has been adopted in lieu of the MPBF method of assessment. As the namesuggests, under
this method, the assessment of working capital is computed on the borrower's projected balance
sheet, the funds flow planned for the current/next year, and examination of the profitability,
Page 64 of 180
financial parameters etc. The limit can be assessed keeping in view the extent of financing support
required by a borrower and the acceptability of the borrower's overall financial position,
especially the projected level of liquidity. The assessment will be carried out in the PBS method on
the lines of the existing CMA assessment but with certain modifications. The modifications are
aimed at ensuring that the specific requirement of each borrower is fully taken care of. The projected
Bank borrowing thus arrived at is termed as 'Assessed Bank Finance' (ABF). This method is
applicable for borrowers who are engaged in manufacturing, services and trading activities and
who require fund based working capital (WC) finance of above Rs. 5 Crores.
4. CASH BUDGET METHOD: Cash budget method is used for assessing WC finance for seasonal
industries like sugar, tea, etc. and for construction activity. The cash budget analysis is also used for
sanction of ad hoc WC limits. In these cases, the required finance is quantified from the projected
cash flows and not from the projected values of current assets and current liabilities. Under this
method of assessment, besides the cash budget other aspects of assessment like examination of
funds flow, profitability, financial parameters, etc. will be carried out as per the PBS method. Cash
Budget is usually forecast of receipts and payments of an enterprise, drawn at small intervals of
time, say monthly, weekly etc. A cash Budget is therefore a projection into future as against cash
flow statement that is usually historical in nature. The Cash budgeting technique helps a decision
maker in situations especially where borrower need short term credit. In a typical cash budgeting
exercise, an adjustment, often surplus or deficit arising out of monthly receipts and payments is
made. The credit limit is settled at the peak level of deficit during the budgeted period.
~~~
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7. APPRAISAL OF NON FUND BASED LIMITS
Bank Guarantee
A contract of guarantee is defined as ‘a contract to perform the promise or discharge the liability
of a third person in case of default’. The parties to the contract of guarantee are:
(a) Applicant: The principal debtor – person at whose request the guarantee is executed,
so a customer on whose behalf Bank Guarantee is issued.
(b) Beneficiary: Person to whom the guarantee is given and who can enforce it in case of
default.
(c) Guarantor: The person who undertakes to discharge the obligations of the applicant
in case of his default. So bank is playing the role of guarantor in case of BG is issued by it.
Thus, the Bank guarantee(BG) is a collateral contract or secondary contract between bank &
beneficiary which is based on a primary contract between Beneficiary and applicant. Thus before
opening of a bank guarantee bank must try to understand the nature of the primary contract
between Beneficiary and applicant, by obtaining documents like copy of agreement, Tender
document etc. Bank Guarantee is a part of Non Fund Based limits(NFB limits) where immediate
outlay of fund is not involved, however outlay of fund may be involved subsequently in case of
invocation(demand of payment by the beneficiary) of Guarantee.Thus the limits assessment
should be done proper risk assessment and by taking some risk mitigating measures.
Purpose:
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Classification of Bank Guarantees:
All the bank guarantees issued by bank are classified under two categories
a. Financial Guarantee
b. Performance Guarantee
The classification of Bank Guarantees into Financial or Performance is done based on the
purpose for which bank guarantee is being issued. The definition of two types of guarantees and
examples thereof is as under.
(a) Financial guarantees are direct credit substitutes wherein a bank irrevocably undertakes to
guarantee the repayment of a contractual financial obligation. Financial guarantees essentially
carry the same credit risk as a direct extension of credit i.e., the risk of loss is directly linked to
the creditworthiness of the counterparty against whom a potential claim is acquired.
iv. Guarantees for mobilization of advance, advance money before the commencement of a
project and for money to be received in various stages of project implementation;
v. Guarantees towards revenue dues, taxes, duties, levies etc. in favour of Tax/ Customs/ Port /
Excise Authorities and for disputed liabilities for litigation pending at courts;
Page 67 of 180
perform a contractual non-financial obligation. In such transactions, the risk of loss depends on
the event which need not necessarily be related to the creditworthiness of the counter party
involved
i. Bid bonds;
iii. Guarantees in lieu of security deposits / earnest money deposits (EMD) for
participating in tenders;
The most commonly used performance guarantees are EMD,Bid Bonds & Retention money
Guarantee.
It is essential that the Bank Guarantees issued are properly categorized. Incorrect classification
would result in incorrect applicability of credit conversion factor(CCF), the factor used to convert
the non fund based limit to funded limit, on which the bank provides applicable capital charge.
Higher the conversion factor, higher is provision of capital charge. Thus capital requirement for a
financial guarantee will be two times that required for performance guarantee. It is therefore
essential that the classification is error free.
No Bank Guarantee should be issued for a validity period more than 18 months without
obtaining prior administrative clearance from the appropriate authority through their respective
controlling authorities.
As per revised guidelines a two-level authority structure for administrative approval is in place
, as under: -
2. For BG with validity period beyond 60 months and upto 120 months
No Bank Guarantee should, normally, have a maturity of more than ten years. Bank Guarantee
beyond maturity of 10 Years may be considered against 100% cash margin with prior
approval of the competent authority specified in this regard.
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Appraisal of Bank Guarantee Limit
The appraisal of the proposals for guarantees should be done with the same diligence as in the
case of fund-based limits. Adequate cover by way of margin and security must be obtained so as
to prevent default on payments when guarantees are invoked
Margins Requirement
Margin is defined as the amount to be kept by the applicant with the issuing bank in liquid form
,which is some defined percentage of the BG amount as per sanction terms and conditions as
mutually decided between bank & applicant. 100% margin should ordinarily be retained in
respect of guarantees issued in connection with disputed customs/central excise duties, unless
otherwise specified in the sanction. As per revised guidelines some of the mutual fund units(SBI
MF only) can also be accepted as cash margin/Collateral security.14 SBI mutual funds have been
identified for this purpose.
The face value of units accepted as the equivalent of cash margin for NFB
exposures should be equal to 125% of the cash margin stipulated.
Further where margin money is tendered by way of MF instruments, the pricing shouldbe
suitably increased by 25 bps.
Security
Apart from the margin, bank guarantees are usually secured by an extension of the charge on
current assets obtained to cover working capital facilities. Adequate collateral security by way of
equitable mortgage/extension of charge on current/fixed assets or third party guarantee should
be taken depending on the merits of each case
Documents
FORMAT
Bank guarantees should normally be issued on the format standardised by Indian Banks
Association (IBA). When it is required to be issued on a format different from the IBA format, as
Page 69 of 180
may be demanded by some of the beneficiary Government departments, it should be ensured
that the bank guarantee is,
(a) for a definite period,
(b) for a definite objective enforceable on the happening of a definite event,
(c) for a specific amount
(d) in respect of bona fide trade /commercial transactions,
(e) contains the Bank’s standard limitation clause
(f) not stipulating any onerous clause, and
(g) not containing any clause for automatic renewal of the bank guarantee on its expiry
In all the guarantees issued by the Bank, the limitation clause suggested by IBA, quoted below,
should invariably be incorporated at the end of the text as concluding paragraph of the bank
guarantee. (This clause should be included in addition to the text appearing on the printed page
one.)
Amendment
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Bank Guarantee is a contract whereby the Bank agrees to pay the beneficiary the amount
guaranteed in the Letter of Guarantee, if the guaranteed obligations are not fulfilled by the
applicant. It can be amended as in the case of any other contract, with the consent of all the
parties concerned and there is no restriction under law or guidelines of RBI for such amendment.
Termination/Cancellation of Bank Guarantees
After the expiry of each bank guarantee (including the time limit stipulated for preferring claim,
if any), a registered letter with A.D. should be sent to the beneficiary advising that the guarantee
has expired and requesting the beneficiary to return the original guarantee document. It should
be made clear in the letter that the beneficiary is no longer entitled to invoke the guarantee. After
7 days of expiry, BG should be marked off(removed) in the system.
The beneficiary of the bank guarantee can invoke in writing, the guarantee any time before the
expiry of the guarantee period. Invocation can be done by Telex/Telegram/hand delivery also
followed by mail confirmation. It should be ensured that all valid claims received are settled
promptly. In the case of any dispute, such honouring, on invocation, will be done under protest
and the matters of dispute should be pursued separately. Only when the Bank has received an
order of restraint/injunction from a competent/ appropriate court, the Bank can withhold
payment under the bank guarantee. Till the court case is decided, the liability of the Bank under
bank guarantee will continue
There are some special types of BGs ,which are issued from time to time on the request of the
customer like Differed payment Guarantee(DPG).Advance Payment Guarantee(APG).Export
Promotion Capital Goods(EPCG),Bid Bond etc. Special care is required to be taken before issuing
such types of guarantees.
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Letter of Credit
Letter of credit is a trade settlement method where LC issuing bank guarantee payment to the
beneficiary (seller of the goods) provided beneficiary submits documents which are complying
presentation. So under LC risk of non-payment is switched from buyer to the LC issuing bank.
Guarantee of payment by LC issuing bank is conditional and it is conditioned by the presentation
of the documents which are complying presentation. The set of documents can be complying
only if it is as per:--
Both issuance of LC for importing goods or exporting goods under LC has to be complied FEMA
guidelines and DGFT guidelines as well. Importer is called applicant while seller is called
beneficiary under letter of credit mechanism. LC issuing bank issues LC while advising bank
advise the LC to exporter. Nominated bank receives the presentation of the documents from
seller while negotiating bank can give advance against the export bill. Nominated bank or
negotiating bank can be same or different.
If importer/buyer is not able to pay the bill under LC then it is called devolvement of the letter of
credit. To avoid devolvement of bills under branch has to ensure that separate limit for sight and
usance LC has to be sanctioned, usance period should not exceed the production cycle of the
importer/buyer. Retirement of bills received under LC issued by us cannot be withheld because
of unavailability of funds with buyer/importer (applicant of LC). If payment of bills under LC is
allowed by permitting irregularity in cash credit then irregularity in cash credit should be
regularized within 15days. Persistent devolvement of LC bills may be considered a reason for
cancellation of LC issuance limit.
A proper LC bill discounting limit for the exporter/seller should be sanctioned which is outside
ABF. When export bill (under export LC) or inland bills (under domestic LC) is presented for
negotiation standard operating procedure for bill discounting under letter of credit should be
followed. While taking decision to discount/purchase/negotiate bills under LC we must ensure
Page 72 of 180
that LC must be issued by Correspondent banks (as Global Market guidelines) and first class
bank (as per Loan manual) only. Discounting/purchase/ negotiation of the bills under LC are
outside ABF as LC issued by first class or correspondent bank is a specified security. LC bill
discounting limit is available only at the specified branches only which are selected by the circle
CGM. If bill is discounted at non specified branches it is treated within ABF only.
CONTRACT
GOODS GOODS
BUYER TRANSPORT SELLER
(applicant) DOCS COMPANY DOCS (beneficiary)
OPEN CREDIT
ADVISING/ DOCUMENTS
OPENING NEGOTIATING
DOCUMENTS
BANK
BANK
PAYMENT PAYMENT
12
Appraisal Issues of LC
LC limits should be commensurate with borrower’s (applicant) turnover and working capital
limits.
Assess separate limits for usance and sight LC
LC for genuine trade and manufacturing activity.
The usance period of LC should ordinarily have relation to the working capital cycle.
LC for purchase of machinery / capital goods should be backed by borrower’s own funds or a
term loan sanctioned for the purpose.
Page 73 of 180
Transit Period, i.e. from date of shipment till date of receipt of documents by importer : 0.5
months
Average usance period : 3 months
Usance LC Limit: 800 x 4.5/12 = Rs 299.99 lacs
The usance period of LC should ordinarily have relation to the working capital cycle.
Assessment of Limit
( Bills Discounting Limit
55
Page 74 of 180
Sanctioning Authority
NBG : Limits to be sanctioned at specified
branches by AGM (Region), or by DGM (B &O) in
case of AGM headed branches.
• In case of DGM headed branches in NBG, limit will
be sanctioned by Branch Head and reported to
GM (Network) for control.
CAG & MCG : Limits to be sanctioned by AGM (IB).
In case IB incumbency is below AGM, limit will be
sanctioned by Branch Head and reported to next
higher authority for control.
57
58
Page 75 of 180
8. APPRAISAL OF TERM LOANS
A term loan is an advance, usually for purchase of fixed assets, for a fixed period to a business or
an industrial undertaking whether a proprietorship, firm, company or co-operative society and
may be drawn by the borrower either in a lump sum or in installments. A term loan may be
granted for any period in excess of THREE years but normally not exceeding Ten years from the
date of first draw down (exceptions are loans under Housing, Education, Restructuring, SDR,
Flexible Restructuring or any other loan where repayment period is specifically stipulated in the
scheme etc.) for the purpose of acquisition of fixed assets, viz., land, buildings, plant &machinery,
furniture & fixtures etc. for setting up new industrial units or expansion or modernization of
existing units. An element of risk is inherent in any type of loan because of the uncertainty of the
repayment. The longer the duration of the credit, greater is uncertainty of repayment and
consequently higher risk to banks. Thus, risk involved in Term Loans is greater.
Generally, the term loan is granted for the purpose of,
(i) acquisition of fixed assets required for new project or expansion/diversification of
existing project,
(ii) acquisition of balancing equipments,
(iii) replacement of high cost debt (for the residual period only),
(iv) merger and acquisition, etc.
The types of term assistance extended by the Bank can be broadly classified into
(i) Term Loans (including foreign currency loans),
(ii) Deferred Payment Guarantees (DPGs),
(iii) Underwriting of Shares/ Debentures.
Appraisal of Term Loans: While appraising a term loan, its prima facie acceptability
otherwise should be examined extensively on the same lines as applicable for any other
appraisal.
The purpose of term loan appraisal is to ascertain whether the project is sound - Technically,
Economically, Financially, Managerially and is ultimately viable as a Commercial Proposition.
Thus, the appraisal of a project thus, involves the examination of:
Page 76 of 180
i) Technical Feasibility:
• To determine the suitability of the technology selected and the adequacy of the
technical investigation and design.
• It consists of an assessment of the various requirements of the actual
production process.
• It is in short a study of the availability, cost, quality and accessibility of all the
factors required for production.
• To be vetted by the credit officer. If required, second opinion from the Bank’s
Technical Consultancy Cell / Bank’s empanelled Consultant/ SBI Caps may be
sought.
Factors to be considered in the Technical Feasibility are:
• Location of plant & accessibility to critical inputs
• Size of the plant
• Type of technology
• Production factors (power, water, utilities, transport etc.)
• Availability of Labor (Skilled / Unskilled)
Thus, technical report should consist about feasibility of project, profitability, sufficiency
of machinery, extent of competition, marketability and other factors etc.)
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• This involves analysis of the data received from the borrower to ensure that
the project meets the minimum financial criteria.
• Estimated project cost is reasonable and complete and has a fair chance of
materializing as per anticipations.
• Tie-up of Funds: Financial arrangement is complete, without any gaps, and
ensures cash is available as and when needed (Financial Closure).
• Estimates of earnings and operating costs are as realistic as possible.
• Borrower’s repaying ability as judged from the project operation is
demonstrable with a reasonable margin of safety.
iv) Commercial Viability – To determine the extent of profitability of the project and
its sufficiency in relation to the repayment obligations pertaining to term
assistance. The commercial viability parameters are discussed in details in the
chapter.
SMCR: Security Margin Cover Ratio is computed to verify that the minimum
margin stipulated is maintained.
SMCR = WDV of Fixed Assets - Term Loan outstanding
WDV of Fixed Assets
FACR: Fixed Assets Coverage Ratio shows the availability of assets visa a visa term
loan outstanding.
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Cost-Volume Price or Sensitivity Analysis: By this analysis, we want to know the
ability / capacity of the project to absorb various unforeseen shocks, i.e., changes
in critical factors like Cost, Volume & Price.
vi) Environmental, statutory and other concerns – To ascertain whether the project is
in compliance with the various environmental statutory and other provisions in force.
Branches should carefully examine the aspects such as clearances required, their
obtention status and compliance to start the project and maintenance over the life of the
loans. To carry out an examination of these aspects, the dealing official should obtain from
the customer a project report along with the relative loan application. The report may
have been compiled in-house or by a firm of consultants/ merchant bankers. While
vetting the technical feasibility and economic viability of the project, the dealing officials
branches may, where considered necessary, seek the benefit of a second opinion either
from the Bank’s Technical Consultancy Cell or from the consultants acceptable to the
Bank.
Disbursement of Term Loan: Term Loans may be drawn / disbursed in lump sum or in
installments depending on the nature of the project. Term Loans are repayable in installments as
per a pre-arranged schedule from the future earnings. The proceeds of a term loan must be
utilised for the purpose approved by the Bank while sanctioning the loan. The funds should be
credited to an account opened in the borrower’s name, withdrawals there from being permitted
for payment of expenses incurred for the specific purpose of the loan. Wherever possible,
payments may be made direct to the suppliers/contractors by debit to the term loan account on
obtaining the borrower’s authority there for. Following points should be kept in mind while
disbursing,
• Only after execution of documents and security creation
• Ensure compliances of pre disbursement conditions and obtain approval from the
competent authority before disbursement.
• Due diligence on suppliers
• Verification of actual expenditure incurred
• Inspection of the site
• Certification by auditors/architects/invoices
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• Ensure Debt Equity Ratio (DER) before each disbursement
• Direct payment to suppliers through RTGS / NEFT / DD / Pay orders
~~~
Page 80 of 180
9. CREDITRISK ASSESSMENT
RISK ISINHERENT IN BANKING BUSINESS, BUT THE QUESTION BEFORE US IS HOW WE WILL DEFINE
RISK AND TO IDENTIFY WHAT TYPES OF RISK IS BEING FACED BY BANKS.
Banks face a number of risks in different areas of their operations, some of the
prominent risks faced by them are Credit Risk, market Risk, Operational Risk,
Liquidity Risk etc. One by one ,we will discuss some of the prominent risks faced by
the banks.
Credit Risk has been defined as “The possibility of losses associated with
diminution in the credit quality of borrowers or counterparties. In a bank’s
portfolio, losses stem from outright default due to inability or unwillingness of a
customer or counterparty to meet commitments in relation to lending, trading,
settlement and other financial transactions. Alternatively, losses result from
reduction in portfolio value arising from actual or perceived deterioration in
credit quality.”
Credit risk is the most common & predominant risk in banking and possibly the
most important in terms of potential losses. This risk relates to the possibility
that loans will not be paid or that investments will deteriorate in quality or go
into default resulting into potential loss for the bank. Credit risk is not confined to
the risk that borrowers are unable to pay; it also includes the risk of
payments of the bills being delayed beyond the maturity time, which can also
cause problems for the bank. some of the related risks to credit risk are
Counterparty Default Risk: This refers to the possibility that the other party
in an agreement will default.
Page 81 of 180
pool of assets through the use of credit-linked notes or credit derivatives
while retaining legal ownership of the pool of assets.
As we discussed above credit risk is the predominant risk faced by the banks as
the most traditional & widespread work a bank undertake is Lending. Once this
credit risk has been identified the next step involved is to measure the Credit
Risk. Traditionally bank was assessing the Credit Risk through a process which
was subjective in nature and the same was being done by the credit Officials
involved in the process.
The Credit Risk Assessment (CRA) is central to the credit appraisal drill
and pricing of the credit. Assets classified as ‘Standard Assets’ only are
expected to be risk rated. A review of Credit Risk Assessment (CRA) Models for
Non-Trading & Trading Sectors was undertaken with the objective of making
them Basel-II compliant and meeting the requirements of Internal Ratings
Based (IRB) Approach.
It is reiterated that the CRA Model is mandatory for all accounts with Aggregate
Exposure (Fund Based + Non Fund Based) of Rs. 50.00 lacs and above for both Non-
Trading Sector (C&I, SSI and AGL segments), Trading Sector, Services and
Construction Sector, which includes lending under various schemes of the Bank.
Bank has been developing scoring models for all products with exposure of
less than Rs.50 lacs. Wherever scoring models are not in place, CRA has to be
carried out for exposures from Rs.25 lacs and above.
However for measuring of Risk for the proposal which are governed by `Project
Vivek` (Only applicable for exposures up to Rs 50 crores in NBG) apart from CRA ,
Risk will also be captured through `CUE` (Credit underwriting Engine),detail
guidelines of which will be covered subsequently in the chapter.
Page 82 of 180
Different Models for Risk Rating:
(a) Credit Risk Assessment Models for Trade, Non-Trade, Services and
Construction Sectors
The following risk rating models are used to assess credit risk under
the CRA System, which depends on the total exposure
*As per revised instructions ,CRA Model is mandatory for all accounts with
Aggregate Exposure of Rs.50 Lacs and above for both Non-Trading Sector (C&I,
SME and AGL segments) and Trading Sector (including Services), which includes
lending under various schemes of the Bank. Wherever scoring models are not
in place, CRA has to be carried out for exposures from Rs. 25 lacs and above.
(Circular No.: CCO/CPPD-CRA RATING/5/2017 – 18 dated 05.04.2017).
Type of Ratings:
Thus the main difference between Regular Model and Simplified model is
computation of facility rating applicable in Regular rating, where apart
from Borrower rating ,different facilities enjoyed by the borrower like Cash
Credit, Term Loan , LC,BG etc are also being rated separately under facility
rating exercise.
Page 83 of 180
TYPE OF RISK WHICH IS CAPTURED IN RATING MODELS:
In both the models the main type of risk which is captured are as under
ii. Business & Industry Risk: Factors related to Business & Industry(both
Systemic& Non systemic)
Different weights have been assigned to the above three factors depending
upon the exposure and activity(Trade, Non Trade, Services & Construction
,however construction model is applicable only in case of Regular model)
On the line of CRA, risk involved in financing to a borrower is also captured by
way of External Credit rating(ECR), which is mandatory in case of exposures of
Rs10 Crores and above(Below cutoff it can also be obtained but not
mandatory as per extant instructions of bank).To give incentive to customers
having better ECR, provision for giving additional scores for better ECRs is also
made in our internal models. The additional scores for better ECR will be
given under Qualitative parameter of our Internal models(CRA).
S. Type ECRA
Page 84 of 180
External Credit Rating Agencies (ECRAs) assign Bank Loan Ratings (BLRs) on
long-term and short-term rating scales for various credit facilities. Cash
Credit exposures should be reckoned as long term exposures and accordingly
the long term rating awarded by ECRAs will be relevant. The BLR for Cash Credit
facility should be reckoned for borrowers enjoying Cash Credit facility and
other facilities such as Term Loan, Bank Guarantee, Letter of Credit
facilities. If a borrower is enjoying long term facilities (other than Cash Credit)
as well as short term facility, BLR for long term facility be considered.
However, if a borrower has availed only a short term facility which has been
rated by an ECRA, BLR for the same may be considered. The Scoring Bands
for factoring Bank Loan
Multiple Ratings:
i)If there is only one ECRA rating for a particular claim, that rating would be
used to determine scoring;
Page 85 of 180
ii)If there are two ratings accorded by ECRAs which map into different risk
weights, the rating corresponding to the higher risk weight would be
taken cognizance of for scoring ;
iii)If there are three or more ratings accorded by ECRAs, with different
risk weights, the ratings corresponding to the two lowest risk weights
should be referred to and the rating corresponding to the higher of the two
risk weights should be taken cognizance of for scoring.
Once score under the above mentioned risk factors (Financial, B& IManagement
& Qualitative parameter) is computed based on the overall score a rating is
assigned to the unit. Depending upon the overall score obtained by the unit ,
one borrower rating is assigned against which can be from SB-1 to SB-15 for
standard accounts(SB-16 is default ratings for all NPA accounts).Similarly facility
rating is assigned to all the facilities enjoyed/proposed for the borrower
which is again rated on a scale of total 16 grades starting from FR-1 to FR-
16.(The scores applicable for each grade both for borrower & facility ratings is
attached as Annexure I)
After assigning the rating the borrowers are again subjected to Country Risk
(Country risk is the risk that a borrower will not be able to service its
obligations to pay because of cross border restrictions on the convertibility or
availability of a given currency) and rating assigned earlier may under go for
change(only downward revision) depending upon the applicability of country
Risk and degree of the same. The related guidelines on Country Risk and
downgrade structure is as under)
Page 86 of 180
Borrower Rating : Simplified Models
Sr. Maximu
Non-Trade Trade
m Services
No. Risk
Existin New Existin New Existin New
g g g
i Financial Risk 55 Com-
25 55 Com-
25 55 Com-
25
(FR) Com- Com- Com-
Business
(-'ve') &
Industry Risk
iii (BR
& IR)/ Business
15 30 15 30 15 30
Risk (for Trading
Management
Sector) 30 45 30 45 30 45
Risk
iv
Qualitative
(MR)
Parameter (+5) (+5) (+5) (+5) (+5) (+5)
Total Score 100 100 100 100 100 100
Borrower SB- SB- SB- SB- SB- SB-
Rating based Ratin Ratin Ratin Ratin Ratin Ratin
vi on the above g g g g g g
score
viii Country
FinancialRisk *
Statement Excellent/Good/Satisfactory/Poor
ix Risk
Quality
Score/Rating
x
Transition Comments
* New Unit Risk Factor to be capped at SB-06 ,andon Trend inSupport
Collateral Ratingto be
Matrix
Page 87 of 180
Entry Barriers:
In all CRA models except Regular Non-trade Model (Regular / Simplified and
Trade/Services/ Construction Sectors), all proposals are required to be
rated first under two parameters of ‘Compliance of Environmental
Regulations & Local Laws’ and ‘Integrity’, called Entry Barriers. A new
connection (a unit which at present does not have any credit relationship
with SBI) that does not clear both the entry barriers would not be
processed further and would be declined. No deviation is envisaged in
the Entry Barrier. For existing connections, in case of non-compliance, a
separate treatment of downgrade to below the hurdle rate or actual rating
whichever is lower will be done. For example if a existing unit is assigned as
SB-8 but fails to clear entry barrier then its rating will be downgraded to SB-
11(SB-10 is the hurdle rating, where no fresh or additional exposure is to
be taken without obtaining approval from competent authority), similarly if
rating assigned to the unit is SB-12 and it also fails to clear entry barrier then
rating will be left as SB-12 as it is already below hurdle rate.
Existing Connections:
New Connections:
Further to test the clearance of a unit of the entry barrier, all the units will
be subjected to under noted value statement and accordingly clearance of
entry barrier will be decided.
Value Statements:
Page 88 of 180
S. No. Value Statement Conclusion
(i) Full Compliance of Environmental Proposal accepted for
further processing
Regulations and other applicable
(ii) At present partial compliance
but firm steps initiated for full
compliance.
Regulations. Proposal
Partnership
Page 89 of 180
(iv) Reports on conduct of account / stock No further
audit / spot processing
of Proposal
audit / periodic inspection reports
comment against the integrity of the
unit. The unit is a defaulter under RBI’s
willful defaulters’ list. History indicates
involvement in civil / criminal suits /
questionable deals.
B Remarks
Integrity (for Listed Companies) :
Corporate
(i) Governance (CG)
CG systems are in place. The Company is not
a defaulter or willful defaulter. The promoter
Directors on the Board of the Company
irrespective of their capacity, whether executive
or non-executive are not defaulters / willful
defaulters.
(ii)
CG systems need fine tuning. The Company is
aware of this task and is taking required
steps in that direction. No adverse features on
Company’s Management reported in any of the
Audit Reports. The company is not a defaulter /
willful defaulter. The promoter Directors on the
Board of the Company irrespective of their
capacity, whether executive or non-executive
Proposal
are not defaulters / willful defaulters.
accepted
for further
(iii) processing
Some complacency in implementation of CG
Principles. The Company is not a defaulter / willful
defaulter / the promoter Directors on the
Board of the Company irrespective of their
capacity, whether executive or non-executive
are not defaulters / willful defaulters.
Page 90 of 180
Complacency in implementation of CG
(iv) Principles evident. The Company is not a willful
defaulter / the promoter Directors on the Board
of the Company are not willful defaulters.*
(v) No
Disregard of the Corporate Governance systems. further
The company is defaulter/willful defaulter. / The processin
promoter directors of the applicant company g of
are defaulters / willful defaulters or are Proposal
promoter directors of a company which is
defaulter / willful defaulter.
Page 91 of 180
Financial Statement
Quality:
B) Collateral Support
4 SB11 and below Less than 100% One notch down grade
Page 92 of 180
For instance, the CRA rating for a trading company that is internally
rated as SB5 and is offering collateral of 20% of limit. Then the internal
rating will be downgraded by one notch to SB 6.
b. assessing official
While appraising official will prepare the CRA proposal, assessing official
would cross check the inputs and scores awarded.
Page 93 of 180
10. PREPARATIONS OF PROPOSALS INCLUDING
Different types of formats and instructions for using the same are as under:
The format to be used for exposures above Rs 50 crores from the banking system will
be known as “Loan Proposal Due Diligence Format” (or Form DD). Form DD will be a
detailed Appraisal memorandum, which will remain with the Operating Units. The
Loan Proposal Sanction Format (or Form S) will be extracted from Form DD by LLMS. It is
Form S that will be put up to the Sanctioning / Approving Authority
5. The format to be used for exposures above Rs 1 crore to Rs 50 crore from the
banking system will be known as “Loan Proposal Due Diligence / Sanction Format” (Form
DDS).Form DDS is a replica of Form S1 ( which is presently in use for exposures
above Rs 1 crore to Rs 5 crores from the banking system), with the following
additions:
Page 94 of 180
a. Incorporating Risk Adjusted Return on Capital (RAROC) and hurdle
rate of RAROC.
b. Separate annexure for SMA-2/Restructuring Proposals.
6. It has also been decided to replace existing Form AS with Form M ( Loan
Proposal Modification Format). Form M is to be used for all exposures wherein
modifications etc,. ( i.e Change in terms and conditions ( Pricing / Security / Margin /
Covenants and other matters ), Sanction of Adhoc limits and Interchangeability of
limits are sought.
7. The revised Form DD, Form S, Form DDS, Form M and guidance note are placed
in annexure as under, for use by operating units.
For more details on Annexure please refer to the Chapter no 5 of Credit Loan
Manual Part 1.
Page 95 of 180
LIST OF COMMON DISCREPANCIES OBSERVED IN PROPOSALS:
1. Discrepancies in NFB pricing table and Service charges are being observed
regularly. On many occasions, existing rates charged are not given and percentage
of concession is only mentioned. Sometimes the extent percentage of concession
plus any taxes are not mentioned. Such type of mistake is observed in the proposal
very frequently.
2. When FB WC limit is clean, why approvals sought for Sell, assign, mortgage or
otherwise dispose of any other fixed assets charged to the bank.
3. There are mismatch in figures given in table (Performance and financials) and given in
comments.
a. Comments given in para "Performance and financial" is only movement of
figures which are already given in the table itself. (Reasons for
decline/increase of previous two years and strategy for achievement of
estimated and projected figures may be narrated)
4. Justification for waiver of periodical inspection was left blank.
5. Justification for Assessment of BG limit was not given.
6. In the CDR proposal - template for approval for pricing should be
concessionary pricing instead of competitive pricing.
7. Para related to Primary and collateral security has not been filled in.
8. Previous CRA, mentioned in the proposal, was not captured correctly as per CRA
validation report.
9. Template given was not as per prescribed template - in the proposal, template
given was "Approval for yearly inspection" while it should be written as “
Approval for conducting yearly inspection of the unit instead of the stipulated
monthly/quarterly/half yearly frequency"
10. Security deposit received from consumer has been treated as "Capital" in one of the
proposals.
11. Approval for waiver of insurance sought, but there is no mention for obtention
of indemnity.
12. Since the limit to be sanctioned was clean, therefore there was no need for approval of
waiver of obtention of primary and collateral security.
13. Annexure for future plans and business potential related to cross selling and
other business was left blank.
14. Estimated RAROC was not calculated.
15. There was merger of two subsidiaries with the company, but its effects on the
financials of the company were not discussed in the proposal.
16. Conduct of various credit facilities was left blank
17. The company was availing SBLC/LC limit also. But in the renewal of limit the approval
for continuation of the limits was not sought.
18. 25% collateral security charged to the bank was not SARFAESI compliant.
19. Assessed Bank Finance - Holding level of Domestic RM was 61 days as on
31/03/2015, while holding level of Domestic RM was estimated at 200 days
for
FY 2015-16. Sharp hike in holding level was not discussed in the proposal.
20. Comments on consolidated financials of the Group were not discussed in the
proposal.
Page 96 of 180
21. Credit limit of the group was not incorporated.
22. Name of Promoter, Directors and company was not verified in RBI Defaulters
list, RBI Wilful Defaulters list, ECGC Caution list, CIBll.
23. In the SWOT Analysis, mitigating factors was not discussed in "Weakness and
Threats" columns.
24. Date chart for flow of proposal was incomplete.
25. In the funding of total current assets, Sundry creditors/TCA ratio was not given.
26. Non achievement of estimated performance and financial was not commented
upon in the proposal.
27. Shareholding pattern- Shares of promoter reported as Nil.
28. No deviation was sought for name of directors appearing in RBI defaulters list.
29. In one of the proposals, the branch sought approval for LC at 100% margin, while the
branch should seek for sanction of the same.
30. The company was a listed company, but corporate governance was not discussed in
the proposal.
31. Movement of TNW for the previous year was not incorporated in the proposal.
32. ln the assessment of working capital limit, holding level of imported RM was projected
at 2.56 month, while assessing EPC limit, the same was projected at 8.50 months.
33. Ceding of 2nd charge on entire assets of the company should be on pari-passu
basis.
34. The branch sought approval for quarterly inspection of plant but in terms and
condition, inspection was waived.
35. The company is engaged in construction activity. In the appraisal of term loan, cash
budget was not incorporated in the proposal.
36. ln the terms and conditions, insurance was waived, but approval of the same
was not sought in the template.
37. Repayment of term loan was to be made through sales proceeds of residential
flats, wherein there should be an escrow arrangement for deposit of sale
proceeds.
38. Credit limits (Company and group) Group exposure given in the proposal was
lower than total company's exposure.
39. Too many templates given for renewal of FBWC and NFBWC limits.
40. Separate templates given for various sub-limits within FBWC limit. Similarly two
separate templates given for renewal of LC and BG limit within the NFBWC
limit at existing level.
41. Time for creation of charge on current assets is sought in the template, whereas
the hypothecation agreement is obtained while executing the
documents, hence time for perfection of charge should be sought.
42. Early warning signals not observed in spite of CR being below 1 or NWC is negative.
Page 97 of 180
47. Estimated data for 2014-15 and for 2015-16 were not provided in the
proposal. Similarly interim financials for current year quarters and half year
were also not given in the proposal.
48. ROCC in the performance / financial indicator table is mentioned as 'NA',
however in the recommendation it has been mentioned for 2015-16.
49. Confirmation for company's action for having made investments in
associate concern by way of preference shares by converting earlier loans,
sought by the branch, which is not correct.
50. ROCC mentioned as zero in performance financial table.
51. As per Assessment of Bank Finance table ABF worked out to Rs.23.05 crore
only for 2015-16, whereas the consortium limit recommended at Rs.11
00.00 crore and our share is recommended to Rs.150.00 crore.
52. Column for comments on the ranking of the company within the segment left blank.
53. Total indebtedness as per CRILC data not given I commented upon.
54. Section I security sheet left blank whereas limit are secured by
hypothecation of current assets and collateral security to the extent of 3.140/0.
55. ln the dynamic review of CRA table, it is mentioned that CRA carried out on
28.10.2015 and in the next row it is mentioned that it was subjected to review on
23.03.2015, which is not correct. Dynamic review to be carried out subsequent to
latest CRA.
56. Renewal of FBWC sought at the existing level of Rs.75.00 crore and
subsequently two templates for sanction of WCDL and EPCI FBP limit of RS.75.00
crore each were given.
57. Justifications for Items given in templates are not given.
58. New card rate for performance BG mentioned as 2.100/0 Instead of 2.20% p.a.
59. ln facility column BG -Inland - Performance has been mentioned against different
facilities.
60. Following fields in post sanction monitoring column left blank:
a. Deviation observed, if any, on insurance of security as per sanction terms.
61. Any other unsatisfactory features after sanction/renewal of the account.
62. While discussing Group/Associates: no comments given on the point • any dealing
with the borrowing company' and on 'any adverse features'.
63. Concession in upfront fees was not proposed while submitting the proposal for
sanction of term loan and subsequently steep concession sought after the proposal
sanctioned by ECCB.
64. ln many proposals, entire banking exposure was not covered by External Credit
Rating.
65. ln many proposals, ROCC calculation was not correct and in one of the proposals
different numbers were mentioned at different places for ROCC.
66. ln case of resubmission of any deferred/withdrawn proposal, the same
should be routed through the recommending authority.
67. ln one proposal the branch proposed sanction of Corporate Loan for Capital
Expenditure, the branch should have explored to sanction Term Loan for
Capex .
Page 98 of 180
11.VARIOUS PRODUCTS & SCHEMES OF SMEBU
The MS-MED Act, 2006 has modified the definition of Micro, Small and Medium enterprises
engaged in manufacturing or production and providing or rendering of services.
Small More than Rs 25 lakh & More than Rs 10 More than 5 cores to Rs
up to Rs 5 crs lakh & up to Rs 2 75 crores turnover
crs
Medium More than Rs 5 Crs & up More than Rs 2 Crs More than Rs 75 crores of
to Rs 10 crs & up to Rs 5 crs turnover.
Further, all loans to MSEs upto Rs.200 lacs that are otherwise eligible to be covered
under Credit Guarantee Scheme of Credit Guarantee Trust for Micro and Small Enterprises
(CGTMSE) have to be sanctioned as collateral free and to be covered under guarantee cover
of CGTMSE. The details of the CGTMSE guarantee scheme and terms and conditions for such
financing are mentioned in 5.
# For advances above Rs.10 lacs and upto Rs.15 lacs, based on the good track record
and strong financials of such MSE units, sanctioning authority concerned may take a decision
to waive collateral security. It is, however, to be ensured that the issue does not lead to delay
in decision making.
However, in such cases the personal guarantee of the partners/ promoters should invariably
be obtained
Page 99 of 180
VARIOUS SCHEMES OF FINANCING
Insurance
Collateral Security A ) As per RBI instructions, Banks are mandated not to accept
collateral security in the case of loans up to Rs.10 lacs extended to
units in the MSE sector ( both Manufacturing and Service
enterprises) as defined under MSMED Act,2006. (Refer e-circular
no.102/2010-11 dated 19th May,2010)
S. ParametersTerms
No.
2. Interest Interest Rates are linked with MCLR with one year rests
Rates
Presently MCLR + 275 bps
4. Eligibility Micro and Small Enterprise, including small retail traders are eligible to be
covered.
7. Collateral No collateral security to be obtained for all loans upto Rs.10 lacs. To be
covered under Credit Guarantee Fund for Micro Units. Cost of premium to be
borne by the borrower.
9. Repayment WC : Kishore and Tarun loans (for loans above Rs. 50,000 to Rs. 10 lacs,
covered under PMMY) will either be payable on demand (subject to review /
renewal at the periodicity applicable to the product / scheme) or may have a
repayment schedule for 3 – 5 years including a moratorium of upto 6 months.
depending on the activity/ income generation of the borrower. However,
Shishu loans will be sanctioned only on repayment basis for a period of 3-5
years including a moratorium of upto 6 months depending on the activity /
income generation of the borrower.
The Bank’s guidelines of the Stand Up India scheme based on GOI’s guidelines are as under:
7 Rate of interest Interest rates will be linked to MCLR with 1 year reset period,
presently 8% p.a.
ASSET BACK LOAN SCHEMES: ABL , ABL CRE-CP AND ABL -RH
SCHEME ASSET BACK LOAN ASSET BACK LOAN CRE CP ASSET BACK LOAN
RH
Target Group All Business units engaged in All existing and new customers
manufacturing, services activities engaged in manufacturing activities.
along with self-employed and
professional individuals,
wholesale/retail trade.
Purpose Working Capital and Term Loan Working Capital limits
TIR for a property is to be obtained before it is accepted as security for credit facilities
sanctioned by the Bank. The purpose of the title investigation report is to ascertain that the
person who is giving the property as a security is having a valid title of the said property.
The TIR should be obtained from Bank’s empanelled advocate. Work of title investigation should
be assigned directly by the Bank to the empanelled advocate. Direct contact of the advocate and
owner of property should be avoided.
Two TIR’s are required for credit facilities aggregating Rs. 1 crore and above and also in cases
where properties offered by third party guarantors whether individual or non-individual,
properties acquired through Gift deed and properties sold by Power of Attorney holders to our
borrower/guarantor.
Special precautions have been suggested by the Bank in respect of title documents executed
through Power of Attorney, Gift deed, laminated original title deeds, mortgage based on certified
copy, etc.
The relevant formats have been prescribed by the bank for the purpose of Title Investigation.
The report should be obtained on the prescribed format and must be scrutinized as per the
checklist provided by the bank.
Further, along with obtaining TIR from the empanelled advocate, independent physical
verification of the property should also be carried out on the lines as suggested in the prescribed
format given in the TIR SOP.
Also, bank has given guidelines regarding safekeeping/ handling of title deeds, which must be
strictly ensured.
A new set of security documents and operating guidelines has been introduced in the Bank w.e.f.
1st August 2005.
The new set has, in all, 12 documents which are available in a book format grouped under 7
categories:
Initial Documents
The Letter of Arrangement is divided into two parts, i.e. Annexure A, which contains the Terms
and Conditions of sanction of particular facilities / limits to a Borrower, while Annexure B
contains the Bank’s standard Terms and Conditions of sanction.
The modified format in respect of the Letter of arrangement has been given by the bank vide
Circular number CCO/CPPD-ADV/52/2017 – 18 dated 10 Aug 2017.
Further, a clause for Disclosure of nationality of borrower/ guarantor must be added as per
instructions contained in Circular number CCO/CPPD-ADV/75/2016 – 17 dated September
17,2016.
Under the SME documentation, all the credit facilities (Fund Based & NonFund
Based) granted to the Borrower(s) are to be totalled into an aggregate limit and covered by a
single set of documents. It is clarified that credit facilities like Pre-Shipment / Post-Shipment
Credit, Rupee Term Loans, Foreign Currency Loans and Deferred Payment Guarantees are also
to be included for arriving at the aggregate limit.
Clause number 15 in SME 2 must be modified as per instructions contained in Circular number
NBG/SMEBU-SME ADVANC/67/2015 -16 dated March 02,2016.
The agreement is to be executed by the guarantors. Under the simplified SME Documentation,
Supplemental Guarantee Agreement is not provided.
This Memorandum provides for creation of Equitable Mortgage by all types of mortgagors,
namely, Borrower(s) or Guarantor(s) or Third Party Mortgagor(s) who have not joined as
Guarantor(s).
(a) Extension of the earlier mortgage to cover additional facilities / limits beyond the mortgage
debt.
(b) Creation of mortgage on the additional properties offered for securing the
existing facilities / limits and additional facilities beyond the mortgage debt.
(a) The extension of the Equitable Mortgage on the existing property (ies) for securing additional
facilities / limits beyond the mortgage debt.
(b) The creation of Equitable Mortgage on the additional property (ies) for securing the existing
limits within the mortgage debt, and also for additional
facilities / limits beyond the mortgage debt.
The formats of SME 6 & SME 8 stands modified in terms of Circular number NBG/SMEBU-
SMEDOC/88/2016 – 17 dated February 10,2017.
The Deed of Mortgage provides for creation of Registered Mortgage by all types of mortgagors,
namely, Borrower(s) or Guarantor(s) or third party mortgagor(s) who have not joined as
Guarantor(s).
The Revival Letter provides for extending the limitation period under The Limitation Act, 1963,
for a further period of 3 years in respect of Agreement of Loan-cum-Hypothecation (SME-2) and
Supplemental Agreement of Loan cum-Hypothecation (SME-4), if any, executed till that date and
Guarantee Agreement (SME-3).
The Link Letter is to be obtained whenever a fresh set of documents is obtained (For example,
SME documents) in addition to the earlier set of documents (For example, SSI / C&I documents).
This letter provides for migration from earlier segmental security documents to SME
Documentation.
1. Once the TIR is received from the advocate, the same should be scrutinised as per checklist
given vide Annexure-E of TIR SOP dated 25.09.2017.
2. Obtain all the title deeds in original from the borrower in the chain of title. Where all the
originals as aforesaid are not available, minimum previous two transactions/sale/ title
deeds should be obtained from the borrower along with a declaration explaining non
availability of the original title deeds in respect of past transaction to the satisfaction of Bank
authorities.
3. All the original title deeds should be got deposited in the notified area and a memorandum of
entry as per prescribed format should be recorded for the purpose of creation of mortgage.
4. Documents other than partition or family settlement deeds, wherever the documents are
registered in counterparts, all such counterparts available with the mortgagor should be
deposited along with the original documents to avoid misutilisation of such counterparts.
5. For creating Equitable Mortgage of a flat/ independent house by a member of Co- operative
Housing Society, NOC is necessary to ensure that no dues of the society are outstanding
against such member, and a declaration that the society has not created any prior charge
over the property which is subsisting.
6. A Search Report/ encumbrance certificate for the intervening period, i.e. from the date of
TIR to the date of deposit of original Title Deeds/ creation of EM should be obtained and held
on record, as part of equitable mortgage documents.
8. Building Plan approved by the Competent Authority should be obtained and perused and
evidence of Independent Site Verification should be recorded.
9 The particulars of the deposit must be recorded in the title deeds register and the entries must
be verified by the Branch Manager/Divisional Manager and signed by him and also signed by the
two witnesses who may be Bank employees.
10 The mortgagor must not initial / sign /attest in the register and/or the Memorandum of
Deposit recorded in the register; as otherwise, the mortgage would be construed as simple
mortgage which may fail for want of stamping and registering.
13 Further, no writing whatsoever must be taken from the mortgagor(s) at the time of deposit of
the title deeds. However, to safeguard the interest of the Bank, a letter (contents printed in an
Inland Letter) confirming the deposit of the title deeds with intent to create the mortgage in
favour of the Bank as security for the advances should be obtained from the mortgagor(s). This
Inland letter should be obtained only subsequent to the deposit of title deeds, say a day or two
after the mortgage is created.
15 When the mortgagor who has already created an equitable mortgage in favour of the Bank
as security for existing advance, is granted additional/fresh advance sought to be secured by
extension of the existing mortgage, the following procedure should be followed:
16 Ensure the payment of stamp duty and registration of equitable mortgage wherever
applicable as per the relevant State laws.
17 Ensure the registration of equitable mortgages with the CERSAI under SARFAESI Act as per
the extant instructions in this regard.
Purpose
2. Modification of Charge
3. Satisfaction of Charge
Timelimit
3. Charges created within 30 days are having priority from the date of creation
4. Charges created after 30 days may loose priority and may be reckoned from date of filling
5. Bank can file charge on its own if Company fails to file charge within 30 days.
6. After 300 days condonation of delay can be allowed by central government only
Periodicity of Search
2. At the time of filling Bank`s charge with ROC after documentation /disbursement
3. However if company creates charge on any of its assets for performance of the guarantee
obligation under Corporate Guarantee, then charge is required to be filed.
More than a statutory obligation CERSAI is a risk mitigation tool for the Banks / Housing Finance
companies, FIs and public at large to prevent multiple financing against the same property.
Before creation of any mortgage the branches have to verify the records of the Central Registry
of Securitisation, Asset Reconstruction and Security Interest of India (CERSAI)
(www.cersai.org.in) to see that there is no pre-existing charge registered with Central Registry.
Such exercise is also to be conducted at the time of renewal/ sanction of additional limits.
Immediately after creation of mortgages, branches have to ensure registration of such charges
with Central Registry within 30 days.
The following types of Security interests are also required to be filed now on the
CERSAI Portal:
Credit Administration
The basic objective of any follow up system is to ensure safety of advances granted by the bank. This
is so because the funds lent by banks belong to the depositors and the credit official have a
tremendous responsibility in safeguarding the interests of the millions of depositors.
The real challenge before a credit official after accredit facility is sanctioned and disbursed-the
challenge of maintaining the quality of the loan asset.
This is possible only by ensuring a meaningful supervision and monitoring of the credit facilities in a
planned and structured manner.
A Strong and vibrant Post Sanction Follow up process, when implemented in planned and structured
manner, it results in making a weak proposal a big success.
On the other hand, A weak and Lackluster Post Sanction Follow up process can leads towards a
disaster , as it may leads towards making a strong and good proposal go in a bad way.
The Bank has in place comprehensive post-sanction processes aimed at enabling efficient
and effective credit management. Broadly, the objectives of post-sanction follow up,
supervision and monitoring, and some of the key areas that need to be kept sight of are:
The entire post sanction process comprises of three stages i.e, follow up , supervision and
monitoring of the loan account.
1. Follow up Function
2. Supervision
3. Monitoring
Physical Follow up consists of physical verification of Assets and ensuring End use of funds.
• Term loan is repayable out of cash accruals generated over a period of time,
• Essential that project is monitored, supervised and followed up on an ongoing basis
throughout the currency of the term loan.
• Performance evaluation of the borrowing unit to ensure that the projected sales and profit
are achieved and the loan is repaid as scheduled
In case of term loans Post Sanction Follow up can be divided into two stages .
Physical Inspection is an important and crucial tool for ensuring close follow up of the unit.
Operative Guidelines for Inspection and follow up to achieve the objective of Effective Credit
Management
Three important characteristics of the Borrowing Unit , as under, are taken into account for
adapting the styles of inspection:
The Market Performance,
The Management Strength,
Reliability of its Information System.
The rigor of Inspection and follow up may be varied depending on the general health of the
unit and the conduct of advances.
Periodic Inspection and Follow up would afford an opportunity to not merely assess the quantity,
quality and value of stocks, but
Know the tempo of Activity
Have a look at the books of the accounts and other relevant records
Hold discussion with the borrower.
Satisfy himself that the borrower is alive to his responsibilities.
Frequency of Inspection
Important Guidelines in regards to the Inspection of the unit to have meaningful verification of
particulars of items of the Stocks & Debtors
The position of book debts should be checked, specially where advances have been granted there
against.
Verification of systems
All borrowers enjoying large value credit need to give to the bank a write up on their inventory
control, verification and valuation systems.
In order to ensure a meaningful follow up and supervision of advances of the bank, branches
should obtain on an ongoing basis, Stock statements, FFR-I, FFR-II etc.
On completion of the inspection, the inspection officials should set out their observations in
inspection reports as per Annexure-FSM-6 commenting, inter alia, about the important issues
taken up with the borrower and the corrective measures proposed to be initiated by the
borrower for rectifying the aberrations.
Advising the sanction of advances to the borrower detailing the terms and conditions and
obtaining acceptance thereof. Submission of Control Return of sanction.
Documentation and maintaining its validity and upkeep in custody.
Creation of Charge over security, Equitable Mortgage, Registration of charge with ROC with
periodic search.
Compliance of all pre disbursal formalities as per the Sanction terms & condition.
Conducting Pre disbursal Inspections and verification of ROC Charges and securities.
Conducting periodic inspection /visits at stipulated frequencies.
Computation and recording of Drawing Power for disbursal of the facilities.
Obtaining and scrutiny/analyzing of financial and Non financial statements
Financial Statements like Stock Statements, FFRs, QRR, Cash Budget,
Stock Statements & FFRs : Important Tools for ensuring end use of Funds
1. Stock Statements received from the Borrower need to be analyzed and scrutinized
properly. The information submitted should be complete in all respects
2. The position of movement of stocks with the information about the level opening of stock,
level of stock in and stock out with the closing stock will have to analyze to arrive to the
facts that there are no slow moving or obsolete stocks against which allowing Drawing
Power can be restricted.
3. The DP is not given against such assets which have not been considered as current assets at
the time of assessment and are accordingly ineligible for DP.For example, where ‘plant
spares` are classified as non-current asset for working capital assessment, this asset should
not be considered eligible for DP though included in the stock statement.
4. While allowing drawings in accounts on the basis of stock statements, it should be ensured
that stocks purchased under Usance LCs are invariably mentioned separately and no DP is
allocated against such stocks. This is necessary to avert any possibility of double financing.
5. Where cash credit limits are granted against book debts, a statement of book debts with
age-wise break-up should be obtained along with the stock statement. Such book debts
should be based on invoices and delivery challans. Drawing power should be allowed only
on such book-debts as are within the norms accepted at the time of sanction.
6. The quarter/year-end stock statements should be compared and reconciled with the
corresponding items in the financial follow-up statements such as FFR-I & II/ and year-end
Balance sheet. If there appears any discrepancies matter need to be taken up with the unit.
7. If the actual level of Sundry Creditors is within the level considered for assessment
of FBWC limit, then Sundry Creditors need not be deducted from the Market Value of
Stocks, if (a) There is no dilution in NWC or deterioration of Current Ratio (CR);, and
(b)Drawings in the account are within sanctioned limits / available DP and the conduct
of the account is satisfactory. Movement in NWC & CR to be scrutinized from FFR-I &
Stock Statements. Irregularities by way of over drawings , if persistent, is an indication that
there are liquidity problems in the account and it can be due to squeezing of NWC.
8. FFRs are meant to be used for financial follow up; to keep a track on the progress of the unit
regarding sales, profitability performance, liquidity position, diversion of funds etc at shorter
intervals as audited financials normally would take six months to reach the bank after closing
of the financial year. Thus, FFRs provide the financial picture of the unit comparatively on
real time basis to take proactive steps by the banker, if needed.
9. Moreover, officials may use it an extra source of information for comparison with
quarter/year-end stock statements and may be reconciled with the corresponding items in
the financial follow-up statements such as FFR-I & II/ and year-end balance sheet.
10. FFR-I ad FFR-II obtained at half year end and at the year end should be reconciled to assess
the position of NWC with the Fund flow Statements and to reconcile various parameters such
as changes in working capital and in Bank borrowing Limit.
1. System of allowing excess drawings: Necessary efforts need to be made both at the Branch
level and at the level of the controlling office to ensure that excess drawings are not resorted to
or permitted frequently or easily. To meet contingencies, the units may be sanctioned facilities
like SME Credit Plus or Standby Line of Credit etc. If no such facilities are available, sanction of ad-
hoc limits / temporary overdrawing may be resorted to after taking usual precautions.
2. Objectives of reporting:
- To keep the concerned authority informed of the position of irregular accounts.
- To seek confirmation of the appropriate authority in respect of irregularity in
individual accounts.
- To put forth/ evolve plan of action for regularizing irregularity in loan account.
It is necessary to report irregularities in working capital limits, Term Loans, non- fund based
limits (included), occurring during a month in the subsequent month and at monthly intervals
thereafter, till the account is regularised. Branches should invariably report irregularities in
Borrowal accounts to the appropriate authorities before 10th day of succeeding month.
MCCC GM (MCRO)
MCG WBCC – II / WBCC – I CGM (MCG)
CCCC / ECCB DMD (MCG) Monthly
WBCC – I & WBCC – II CGM (CAG)
CAG CCCC / ECCB DMD (CAG)
Irregularities on account of drawings in excess of sanctioned limit (Working Capital and TL).
(adjusted within 30 days & not adjusted within 30 days)
Sanctions by To be submitted to
Periodicity
RCC DGM (B&O)
ZCC GM of the Network
CCC – II / CCC – I & WBCC
- II CGM of the Circle
NBG WBCC – I / CCCC DMD (COO)
ECCB $ DMD (COO)
Branch level Committee in respect of
MCRO branches – SMECC GM (MCRO)
Accounts handled by SME Centre/ RASMECCs, the concerned Branch Head / SME Centre /
RASMECC Head is permitted to allow overdrawing on business considerations. Branch not
linked with SME Centre / RASMECC and accounts outside the purview of SME Centre, the
concerned Branch Head is permitted to allow overdrawing on business considerations.
Overdrawing should be allowed only in special circumstances and following terms & conditions
must be observed:
i. Based on a written request of the borrower, the branch should ensure that the
conduct of the account is satisfactory, the account is regular and free of any
adverse features in its conduct before permitting the over drawings.
ii. The overdrawing is permitted only against un-cleared effects and for
payment of statutory dues and utility bills, upto a maximum period of one month.
iii. A proper analysis of the reasons for such over-drawings should be placed on
record.
iv. The Branch head after permitting such over drawings should immediately advise
the concerned SME Centre/ RASMECC regarding the same along with the reasons
for permitting such over drawings, to avoid returning of cheques in clearing in the
mean time.
v. The SME Centre/ RASMECCs should invariably report the overdrawing to the
i. Irregularity reports in case of NPAs with outstanding upto Rs.100 crore will be
submitted to sanctioning authorities competent to approve such exposure (as per
delegation of financial power for advances) as per following periodicity and guidelines:
Sl. Particulars of Irregularity Periodicity
No.
a. Immediate reporting (i.e. on loan account To be submitted within
being 10th day of subsequent
classified as NPA).
b. Subsequent reporting – Where the variation Quarterly@
month.
in
Irregularity / outstanding is only on account of
accrued but unapplied interest (quantum of
c. unapplied
Subsequentinterest to be–shown
reporting Whereseparately).
there is variation Quarterly@
in
Irregularity / outstanding due to reason other
than clubbing of accrued unapplied interest.
@ Operating units are to base their submission on calendar quarter i.e.
January–March, April–June etc. for submission of irregularity reports. Further,
even in cases where during a quarter the NPA account is regularised and IRAC status
is upgraded, operating units will be required to submit irregularity report to
sanctioning authority competent to approve such exposure within the delegated
authority structure, with the observation “Regularised during the quarter under
report”.
6. Penal interest:
Cash Credit Account: 5.00 % per annum on the irregular portion for the period of irregularity.
ii. Cross default (Default in payment of installment/ interest to other Institutions/ Bank):
1.00% p.a. on the entire outstandings with us for the period of non-adherence subject
to a minimum period of 1 year.
- What will be periodicity for reporting irregularity after account turned NPA?
IMPORT FINANCE
Financing of goods and services imported into India has always been an important part of the
credit business of commercial banks in India.
Importers’ banker has to ensure that the payment in respect of the import is settled within a
maximum time period of six months from the date of shipment. Import payments are generally
settled through the LC mechanism where the payment is received by the overseas supplier from
his banker/negotiating banker. Import trade is regulated by various authorities, the most
important being the DGFT under Ministry of commerce & industry of the Government of India.
Import finance is a term used to describe various strategies that are employed to make
international trade easier for both importers and exporters. The basic idea is to provide
assistance in arranging methods to pay for goods and services ordered from an international
location, with neither the importer nor the exporter taking on an unacceptable degree of risk.
With the process of financing imports, there is always the need to make sure the seller is paid in
a timely manner and that the buyer receives the right goods in a mutually agreeable period of
time. Rather than simply using electronic funds transfers to pre-pay for the order, or the seller
billing the buyer for payment at a later date, the basics of import finance allow the financial
institutions representing the two parties to create a strategy that protects both importer and
exporter.
This often includes the use of some sort of letter of credit issued by the buyer's bank and
presented to the seller’s bank as proof that the order will be paid. The seller’s bank in turn may
arrange a loan of some type to the seller, making it possible to use the proceeds from the sale to
manufacture the ordered goods and arrange for the shipment and delivery. Upon receipt of the
goods, the buyer’s bank honors the letter of credit, remits the funds to the seller’s bank, and the
transaction is considered complete.
A Letter of credit is a financial document provided by a third party (with no direct interest in the
transaction), mostly a bank or a financial institution, that guarantees the payment of funds for goods
and services to the seller once the seller has submitted the required documents. Other financial
Guarantees
The importer’s bank can issue Guarantees/LoUs/LoCs in favor of the overseas suppliers,
bank/financial institutions, up to $20 million per transaction for a period up to one year for import of
all non-capital goods permissible under Foreign Trade Policy (Except Gold). Similarly for import of
capital goods, such guarantees can be issued up to a maximum period of 3 years. The period of such
guarantees/LoUs/LoCs has to be co-terminus with the period of credit, reckoned from the date of
shipment.
Buyer’s credit
Buyer’s Credit refers to loans for payment of imports into India arranged by the importer from a
bank or financial institutions outside India. Based on letter of undertaking of Importer’s bank,
Overseas bank credits the Nostro of the importer’s bank which in turn uses the funds to make
payment to the Suppliers bank against the import bill.
The benefits of buyer’s credit for the importer are:
The exporter gets paid on due date; whereas importer gets extended date for making an
import payment as per the cash flows
The importer can deal with exporter on sight basis, negotiate a better discount and use the
buyers’ credit route to avail financing.
The funding currency can be in any FCY (USD, GBP, EURO, JPY etc.) depending on the choice of
the customer.
The importer can use this financing for any form of trade viz. open account, collections, or LCs.
The currency of imports can be different from the funding currency, which enables importers
to take a favorable view of a particular currency
Process
a. Importer imports the goods either under DC / LC, DA / DP or Direct Documents.
b. Importer requests the Buyer’s Credit Consultant before the due date of the bill to
avail buyers credit quote.
c. Consultant approaches overseas bank for indicative pricing, which is further quoted to
Importer.
Supplier Credit
Supplier credit is an offer of credit that is extended to a buyer by a seller or supplier. This model is
often used in a number of settings, including the importing/exporting business, as well as in supplying
goods and services to businesses of all sizes.
Supplier credit is an offer of credit that is extended to a buyer by a seller or supplier. This model is
often used in a number of settings, including the importing/exporting business, as well as in supplying
goods and services to businesses of all sizes. Credit of this type allows the buyer to receive the
products needed now, paying for them later in accordance with the terms and conditions agreed upon
with the seller.
The supplier may issue a line of credit to the importer, assuming that the client can demonstrate to the
supplier that the importer is credit worthy
In many cases, this line of supplier credit may be structured in a manner that calls for the importer to
pay a percentage of the total contract price up front, and issue some type of promissory note to the
supplier for the remainder of the outstanding balance. The importer may also arrange a delayed draft
to settle the difference, with the draft set to clear the importer’s bank account at a specified future
date. Often, this date will be at a time after the importer believes that the imported goods will be sold
at a profit, allowing the transaction to take place without the need for the importer to tie up cash
assets in the interim.
This form of self-financing has many benefits for both the supplier and the customer. For the
customer, the establishment of a line of credit means it is possible to order what is needed now and
pay for it incrementally while earning a return from the use of the items ordered. For the supplier,
extending the line of credit means that steady flows of revenue are created, assuming that all
customers who are granted supplier credit make timely payments on their outstanding balances.
Like most type of credit situations, supplier credit usually is provided with the provision that finance
charges will apply to the outstanding balance in the client’s credit account. The amount of interest
charged is normally determined based on governmental regulations that apply in the jurisdictions
involved, thus ensuring that customers are not charged an inordinate amount of interest as part of the
supplier credit option. This rate of interest is usually competitive with the interest rates the customer
would have to pay if some other source of credit were used to manage the purchase.
Main features of Supplier’s Credit
► Bank in India to ascertain from a Bank in the supplier’s country the rate at which the usance
bills for the specific period would be discounted by them.
► The underlying contract between the exporter and the importer should provide for usance
drafts.
► The L/Cs should be opened strictly in accordance with the payment terms of the underlying
contracts and should be restricted for negotiation at concerned Bank abroad.
► The L/Cs should provide for Bank abroad concerned to claim reimbursement only on the due
dates of the bills drawn under the L/Cs.
► The rate of interest should be negotiated with the Bank abroad keeping in view the
competition.
Any trade transaction involves movement of goods, movement of the documents representing
the sale/purchase of goods, and the movement of the funds representing settlement of the
transaction.
In banking parlance, the term ‘Trade Finance’ usually indicates finance against an international
trade transaction involving either import or export of goods from/to a foreign country.
Trade Finance can be divided into two distinct categories: Export Trade Finance, and Import
Trade Finance.
The Pre-shipment export credit is all about financing the collection /purchase of inventory and
imparting the required value addition to the inventory so that it is now ready for export. This is
the reason why the pre-shipment credit is popularly known as “Packing Credit’.
The pre shipment credit facility is provided for working capital requirements till the shipment
stage viz for purchase of raw materials, manufacturing, processing, packaging, transportation and
warehousing of goods meant for exports.
On the other hand, a commercial bank extends post shipment credit facilities to the exporter after
the goods are shipped.
Post Shipment credit extended by banks takes care of the working capital requirements locked in
the form of export receivables during the period from the shipment of goods to the realization of
export proceeds.
'Pre-shipment / Packing Credit' means any loan or advance granted or any other credit
provided by a bank to an exporter for financing the purchase, processing, manufacturing or
packing of goods prior to shipment / working capital expenses towards rendering of services
on the basis of letter of credit opened in his favor or in favor of some other person, by an
overseas buyer or a confirmed and irrevocable order for the export of goods / services from
Appraisal of working capital requirements in the form of packing credit is done in the usual
manner using the holding level approach.
However as a general rule, the margin against the individual working capital components are set
on a much lower scale ( say 10% to 15%) as against a higher margin range of 20% - 40%
stipulated in case of the usual credit propositions.
In course of appraisal, the financing bank themselves decide the period for which a packing
credit advance may be given after considering the various relevant factors including holding
periods etc. This is to ensure that the period considered for advancing packing credit is sufficient
to enable the exporter to ship the goods.
While appraising and assessing the usual factors like capacity, viability, integrity, past
performance of the exporter, the following factors assume additional significance in an export
credit proposition.
i) The exporter should be registered with the DGFT and obtained an Import Export Code
Number and possess membership of the relevant FIEO/Promotion council or any of its
regional outfits.
ii) The exporter should not figure in the Specific Approval List of ECGC. In case it does,
specific approval of ECGC is required for covering any fresh credit exposure in favor of
the unit.
iii) The name of the Exporters should not figure in the caution List circulated by RBI, if it
does then the lending bank has to take their permission from the competent authority
before a fresh credit exposure is taken in favor of the unit.
iv) The quantum of incentives receivables is a very important aspect of a credit proposal and
very often, the overall viability of the proposal depend on the above.
Having regard to difficulties being faced by the exporters in availing of adequate Pre-
shipment credit in such cases, branches have been authorized to extend Pre- shipment Credit
‘Running Account’ facility in respect of any commodity, without insisting on prior lodgment
of LCs/ firm export orders, depending on the branch’s judgment regarding the need to extend
such a facility and subject to the following conditions:
The particulars of each order/letter of credit must be entered in the packing credit (orders)
register at the time the advance is granted.
Branches should maintain a packing credit drawing power register wherein the drawing
power available to each borrower should be recorded under the signature of an authorised
official. Amounts of orders/letters of credit lodged and repayments of the advance granted
there-against should be recorded in this register.
Exporters should be required to insure their stocks against fire and theft for full value.
Goods-in-transit to port towns/Customs house/airline companies should also be insured.
Insurance from port of loading/air freighting to the port of destination should also be
arranged, unless this is the responsibility of the importer.
The Scheme of providing EPC facility in designated foreign currencies is popularly known as
PCFC ( Pre-shipment Credit in Foreign Currency)
The scheme of Pre-shipment Credit in Foreign Currency (PCFC) enables the exporters to
avail packing credit in foreign currencies at the interest rates prevailing in the international
market i.e at internationally competitive interest rates through Authorized Persons.
The Scheme covers the input cost of the items exported , both the domestic procurement cost
as well as the cost of imported inputs of exported goods.
The Scheme covers the cost of both domestic as well as imported inputs of exported goods
at LIBOR/ EURO LIBOR/ EURI-BOR related rates of interest. This will be applicable only for
Cash exports. (Exports in respect of which payments are received within 180 days (or higher
period as applicable) of goods leaving the port or services being rendered are called cash
exports)
PCFC will be available as in the case of rupee credit initially for a maximum period of 180 days
from the date of first disbursement . Any extension of the credit will be subject to the same
terms and conditions as applicable for extension of Rupee Packing Credit and it will entail an
interest cost of 2% plus the original spread (charged initially) above 6 months LIBOR prevailing
at the time of extension for the extended period
If no export takes place within 360 days, the PCFC will be adjusted at T.T. selling rate for the
currency concerned. Interest right from the date of disbursement till the date of payment,
should be recovered at 2% over the interest rate applicable for the cash credit of the exporter
and the interest earlier recovered at LIBOR related rates should be adjusted there from.
PCFC can be availed in US dollar ($), pound sterling (£), EURO and Japanese Yen for the time
being.
The PCFC availed against a particular contract can be liquidated with the proceeds of the bill
relating to another contract for which no packing credit has been availed of or by advance
remittances in respect of export orders for which no PCFC drawal has been granted.
Repayment of PCFC
PCFC is to be necessarily liquidated out of the proceeds of the related Export Bill under Export
Bill Rediscounting Scheme (EBR).
Advance remittances / separate inward remittances received in respect of orders against which
PCFC has been availed can be used to liquidate the PCFC.
The proceeds of export bills sent on collection or otherwise against which no PCFC/ Packing
Credit had been availed of can also be applied to liquidate PCFC loan plus interest.
The export bills tendered in respect of export orders against which PCFC has been
availed cannot be sent on collection basis. The bills are to be necessarily discounted under EBR
Scheme.
Hence the availability of adequate non-credit bill discounting limit in the case of non-LC
transactions and the possibility of negotiating the discrepant documents under indemnity etc.
should be taken into account before grant of PCFC to the exporter.
In case discrepant documents / non-LC bills are to be necessarily discounted while the non
credit bill limit is fully utilized, it is suggested that the drawing power in EPC limit of the
customer can be blocked to the extent of value of the documents discounted till the bill is
realized.
In the context of quantitative assessment of PCFC , credit officers usually carve out a suitable
limit from the total EPC requirement of the exporter (which is usually done in Rupee terms) ,
and convert the carved out limit in PCFC by applying the prevailing exchange rate .
Post-shipment credit means any loan or advance granted or any other credit provided by the
Bank to an exporter of goods/services from India from the date of extending the credit after
shipment of the goods/rendering of services to the date of realization of the sale proceeds, as
per the period of realization prescribed by
As per the current instructions of FED, the period prescribed for realization of export
proceeds is 9 months from the date of shipment.
Post shipment finance can be extended up to 100% of the invoice value of goods. The maximum
period usually allowed for realisation of export is nine months from the date of shipment for
all exporters including Units in SEZs, Status Holder Exporters, EOUs etc.
Post-shipment finance is also available in Rupee and specified foreign currencies. Very often,
export business may take place without the support of documentary letters of credit and we
normally finance the exporters, after due sanction, by purchasing the bills drawn by them on
foreign buyers or granting advance against bills sent on collection basis.
While appraising the arrangement, the Bank takes into consideration the track record of the
exporter, country risk, nature of merchandise, terms of payment, payment record of the
drawee etc. Advances against Duty Drawback receivable are also granted under Post-shipment
Finance.
Branches may also sometimes grant advances against bills sent on collection basis.
The need for resorting to this arrangement normally arises when the accommodation
available under the Foreign Bills Purchased Limit is exhausted or when some export bills drawn
under LC have discrepancies. Such facility may also be granted where it is the customary
practice in the particular line of trade and in the case of exports to countries where there are
problems of externalization.
Under such a situation, branches may send the export bill on collection basis and finance the
exporter after retaining a suitable margin out of the total bill amount and debit such advances to
an account styled “Advances against bills sent on collection basis” (rupee advance). The advance
should be liquidated out of the realization of export proceeds.
When goods are exported on consignment basis at the risk of the exporter for sale and eventual
remittance of sale proceeds to him by the agent / consignee, branches may finance against such
transactions subject to the customer enjoying specific limit for that purpose. However,
branches should ensure that while forwarding shipping documents to the Bank’s overseas
branch/ correspondent, they instruct them to deliver the documents only against Trust Receipt/
Undertaking to deliver the sale proceeds by a specified date, which should be within the time
prescribed for realization of export proceeds. Branches should retain appropriate margin while
granting advance against exports on consignment basis.
Government of India has formulated a Duty Drawback Credit Scheme under which banks are
allowed to grant advances to exporters against their entitlements of duty drawback on export
of goods. The period of such advances will be upto a maximum of 90 days beyond which the Bank
may not allow the advances or may charge normal interest applicable to export credit. Advance
against duty drawback at post-shipment stage should be covered under Export Finance
Guarantee of ECGC.
The scheme of `Rediscounting of Export Bills Abroad’ by authorised dealers was formulated by
RBI in order to make available to the exporters post shipment finance at international rates of
interest. Under the scheme, exporter’s bills are discounted at the post-shipment stage and
simultaneously rediscounted abroad by the Bank for raising foreign currency funds which are
applied to liquidate the underlying PCFC loan. Both sight and usance bills are discounted under
EBR scheme.
i. Early Warning System is an integral part of a bank’s Risk Management process as it provides an
opportunity for early identification of potential NPAs, review and reporting of problem loans and
initiation of time-bound corrective action including rehabilitation/restructuring. Keeping the
above in view, RBI has introduced a new asset category viz., Special Mention Accounts (SMAs),
between ‘standard’ and ‘sub-standard’ categories of assets, for the accounts which show
tendencies for possible default or delinquency or ‘signs of incipient stress’.
SMA-0 Principal or interest payment or any other amount wholly or partially overdue between
1-30 days
SMA-1 Principal or interest payment or any other amount wholly or partially overdue between
31-60 days
SMA-2 Principal or interest payment or any other amount wholly or partially overdue between
61-90 days
iii. Default means non-payment of debt when whole or any part or installment of the amount
of debt has become due and payable and is not repaid by the debtor or the corporate debtor, as
the case may be. For revolving facilities like cash credit, default would also mean the
outstanding balance remaining continuously in excess of the sanctioned limit or drawing
power, whichever is lower, for more than 30 days.
2. Management of SMAs:
iii. The important parameters of the Branch level review would be the following:
- Diagnose reasons for the account being identified as SMA /deterioration in asset quality.
- Revalidate the assumptions made at the time of credit sanctions particularly with regard
to assessment of credit risk. Verify completeness and correctness of documentation
including revival position, creation / registration of charges, insurance cover etc. and
rectify deficiencies, if any.
- Discuss the unit’s problems with the promoters / guarantors and find out whether they
have a future plan for the unit.
- Identify and study the existing primary and secondary sources of cash flow and determine
whether the unit is intrinsically viable.
- Determine whether the problems faced by the unit are of a temporary nature or whether
any proactive action from the bank is required to sustain its viability.
- Assess whether the promoter(s) / management has genuine intent to rehabilitate the unit.
- Assess the ability of the promoters / management to turnaround the unit.
(i) Rectification:
- To obtain a specific commitment from the borrower to regularise the account so that the
account comes out of SMA status or does not slip into the NPA category. Commitment
should be supported with identifiable cash flows within the required time period and
without involving any loss or sacrifice on the part of the existing lenders.
- Need based additional finance may be considered, if proposal is found viable by Bank.
However, it should be strictly ensured that additional financing is not provided with a
view to ever-greening the account.
(ii) Restructuring:
- To consider the possibility of restructuring if the account is prima facie viable and the
borrower is not a wilful defaulter and there is no diversion of funds, fraud or malfeasance,
etc.
- Restructuring cases will be taken up by the Bank only in respect of assets reported as
Standard, SMA, Sub-Standard or doubtful.
- Wilful defaulters will normally not be eligible for restructuring.
4. Holding on Operation:
i. After taking a view on the viability of the unit / feasibility of rectification / restructuring,
the Branch should also decide on the need to implement holding on operations. The
details about of Holding On Operation (HOO) are as under:
a. The holding on operations (HOO) would consist of freezing the bank’s exposure
at the sanctioned limit or average daily exposure during the previous one month
prior to the date of reporting, whichever is higher and allowing operations within
such frozen limit.
b. Holding on operations would commence from the date branch identifies an SMA or a
Sub- standard account as ‘potentially viable’. Such holding on operations (HOO)
would not require any administrative clearance / approval /sanction and would
need only to be reported to the reviewing authority. If holding on operations
continued beyond the initial period of 3 months, the same has to be approved by the
sanctioning authority.
NBG O/s above Rs.1 cr & upto Rs.10 cr Regional Manager/AGM of the Branch
SMA-1 & SMA-2 : Authority Structure for Review of High Value SMAs at Corporate centre:
Aggregate O/s (FB+NFB) Authorized Committee comprising
O/s above Rs.50 cr & upto Rs.100 crore DMD & GE (SAM) + Members
O/s above Rs.100 cr & upto Rs.500 crore MD & GE (CB) + Members
ii. If after the SMA review, the unit is not considered potentially viable, recovery efforts are to
be immediately initiated. Accordingly, keeping in view the 90 day IRAC norm, the following
time norms have been prescribed for review of SMAs and for obtaining sanction for
enhancement/additional loan/rehabilitation package:
Total 60 days
iii. The controller of the branch is to monitor the progress in implementation of the approved
action plan. A monthly progress report required to be submitted by the Branch to the
controllers.
iv. As accounts with outstandings below the cut off level of Rs.1 crores are not covered by the
structured reporting norms and NBG would have large numbers of SMA accounts with
outstanding upto Rs.1.00 crore, Circle authorities will need to formulate suitable mechanism
for review of such accounts.
CRILC has been set up by RBI with a view to improve credit discipline. All lending institutions
are required to provide following data to CRILC:
- All borrowers having aggregate fund-based and non-fund based exposure of Rs.5.00 crore
and above mentioning classification of an account as Standard/SMA/NPA. Aggregate
Exposure (AE) means total outstanding of fund based and non fund based facilities
pertaining to a borrower as on reporting date.
- Current Accounts/Current Account overdraft with outstanding balance (debit or credit) of
Rs.1.00 crore and above.
- The above details are required to be provided on monthly basis as end of every month.
- However, in case of borrower entities in default (SMAs/NPAs), with aggregate exposure
of Rs.5 crores and above, the details are required to be submitted to CRILC on a weekly
basis at the close of business on every Friday or the preceding working day if Friday
happens to be a holiday.
7. Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises:
For resolution, a Committee headed by AGM (SMEC) in respect of accounts handled by SMEC
and the Regional Manager (RBO) in respect of accounts handled by RASMEC and accounts
outside the purview of SMEC will be formed. The other members of the committee are i) an
independent expert in MSME ( to be nominated by the RM (RBO) / AGM (SME), ii) a
representative from the concerned State Government and iii) Member(s) from the
Consortium / MBA, in case of consortium / MBA advances.
In the absence of State Government nomination, RM (RBO) /AGM (SMEC) can induct an
independent expert in the Committee, namely a retired executive of another bank of the
rank of CM and above.
While decisions of the committee will be by simple majority of members, the Chairperson shall
have the casting vote, in case of a tie.
The Committee shall decide on appropriate Resolution Plan (RP). In case of restructuring, TEV
study is to be got conducted mandatorily by the Committee for accounts with aggregate
exposure of Rs.10 crore and above.
2. RBI Guidelines on NPA pertaining to Loans and Advances including IRAC and Provision
Norms:
The primary guiding factor for recognising an NPA will be the Prudential Norms on Income
Recognition and Asset Classification (IRAC) implemented by Reserve Bank of India (RBI).
In terms of Reserve Bank of India guidelines, all advances are required to be reviewed and
classified into two principal categories at regular intervals as under:
(a) Performing Assets or Standard Assets i.e. where the advances are earning interest income
on an actual realization basis.
(c) Non-Performing Assets (NPA) i.e. where advances are not earning interest on an actual
realisation basis. An asset, including a leased asset, is considered as non-performing when
it ceases to generate income for the bank. A loan or an advance accounts will be
considered as NPA where:
i. interest and/ or installment of principal remain overdue for a period of more than
90 days in respect of a term loan.
Overdue: Any amount due to the bank under any credit facility is ‘overdue’ if it is not paid
on the due date fixed by the bank.
Out of Order: An account should be treated as 'out of order' if the outstanding balance
remains continuously in excess of the sanctioned limit/drawing power for 90 days. In
cases where the outstanding balance in the principal operating account is less than the
sanctioned limit/drawing power, but there are no credits continuously for 90 days as on
the date of Balance Sheet or credits are not enough to cover the interest debited during
the same period.
- Drawings in the working capital accounts are required to be covered by the adequacy
of current assets, since current assets are first appropriated in times of distress.
Drawing power is required to be arrived at based on the stock statement which is
current. Stock statements relied upon by the banks for determining drawing power
should not be older than three months. The outstanding in the account based on
- Regular and ad hoc credit limits need to be reviewed/ regularised not later than three
months from the due date/date of ad hoc sanction. In case of constraints such as non-
availability of financial statements and other data from the borrowers, the branch
should furnish evidence to show that renewal/ review of credit limits is already on
and would be completed soon. An account where the regular/ ad hoc credit limits
have not been reviewed/ renewed within 180 days from the due date/ date of ad-hoc
sanction will be treated as NPA.
2.2.A: Banks are required to classify non performing assets further into the following three
categories based on the period for which the asset has remained non performing and the
realisability of the dues:
i. Substandard Assets
ii. Doubtful Assets
iii. Loss Assets
i. Substandard Assets: A substandard asset would be one, which has remained NPA for a
period less than or equal to 12 months.
ii. Doubtful Assets: An asset would be classified as doubtful if it has remained in the
substandard category for a period of 12 months.
iii. Loss Assets: A loss asset is one where loss has been identified by the bank or internal or
external auditors or the RBI inspection but the amount has not been written off wholly.
- When the realisable value of the security is less than 50 per cent of the value assessed
by the bank or accepted by RBI at the time of last inspection, as the case may be, such
NPAs may be straightaway classified under doubtful category.
- If the realisable value of the security, as assessed by the bank/ approved valuers/ RBI
is less than 10 per cent of the outstanding in the borrowal accounts, the existence of
security should be ignored and the asset should be straightaway classified as loss
asset
ii. In the case of housing loan or similar advances granted to staff members where interest is
payable after recovery of principal, interest need not be considered as overdue from the first
quarter onwards. Such loans/advances should be classified as NPA only when there is a default
in repayment of installments of principal or payment of interest on the respective due dates.
2.3.D: Advances against Term Deposits, NSCs, KVPs/IVPs, Gold Loan, etc:
i. Advances against term deposits, NSCs eligible for surrender, IVPs, KVPs and life policies
need not be treated as NPAs, provided adequate margin is available in the accounts. Term
deposits, NSCs, KVPs/IVPs and Life Insurance policies are considered as cash security as
they are payable on demand to the extent of surrender value. Therefore, when an advance
against these securities becomes overdue, Bank has full authority to encash it and to close
these advances account closed from the proceeds.
ii. Advances against gold ornaments, government securities and all other securities are
not covered by this exemption. A loan granted against the security of the gold ornaments
for non-agricultural purposes will be treated as NPA if the account remains overdue for
more than 90 days. However, if the loan is availed for agricultural activities (Agri Gold
Loans), the account will be treated as NPA if it remains overdue for 2 crop seasons in case
of short duration crops and one crop season in case of long duration crops.
2.4.A: If an NPA account which have not been restructured and the arrears of interest and
principal are paid by the borrower, the account may be re-classified as ‘standard’ accounts.
Satisfactory Performance: Satisfactory performance during the specified period means the
payments in respect of borrower entity are not in ‘Default’ at any point of time during the
‘specified period’. Default means non-payment of debt when whole or any part or installment of
the amount of debt has become due and payable and is not repaid by the debtor or the corporate
debtor, as the case may be. For revolving facilities like cash credit, default would also mean the
outstanding balance remaining continuously in excess of the sanctioned limit or drawing
power, whichever is lower, for more than 30 days.
i. The actual realization concept of accounting convention means that if a loan made by a
bank fails to fetch a return in the form of interest realised from the borrower, the bank
has no right to book that interest chargeable as income in its balance sheet. In that event
it signifies that the asset is not performing i.e., not yielding any income to the bank.
ii. Thus an asset, which ceases to yield income for the bank, should be treated as NPA, and
any income from such loan asset should not be booked as income until it is actually
recovered.
iv. If any advance, including bills purchased and discounted, becomes NPA, the entire
interest accrued and credited to income account in the past periods, should be reversed if
the same is not realised. Therefore, interest charged to such loan accounts should be
reversed and parked in “Un-Realised Interest (URI)” until recovery. On recovery reverse it
from URI and credit Interest Account. Further application of interest also has to be
stopped in NPA accounts. However, accrued interest for NPA accounts may continued to
be calculated and recorded in the CBS system. The accrued interest calculated for NPA
accounts will not be part of Bank’s gross advances.
v. In respect of NPAs, fees, commission and similar income that have accrued should cease
to accrue in the current period and should be reversed with respect to past periods, if
uncollected.
i. Interest realised on NPAs may be taken to income account provided the credits in the
accounts towards interest are not out of fresh/ additional credit facilities sanctioned to
the borrower concerned.
ii. In the absence of a clear agreement between the bank and the borrower for the
purpose of appropriation of recoveries in NPAs (i.e. towards principal or interest due),
booking of interest on account of partial recovery in NPAs can be made as under:
- First, the unrealised interest (URI) is treated as recovered to the extent of recovery
made.
- When URI is fully recovered, further interest good for the balance amount of recovery
is can be booked as income to the extent of reduction in irregularity between two
Balance Sheet dates.
ii. Advances against term deposits, NSCs eligible for surrender, IVPs, KVPs, gold ornaments,
government & other securities and life insurance policies would attract provisioning
requirements as applicable to their asset classification status.
iv. Restructured Accounts: Provision against the restructured advances will be held as per the
extant provisioning norms. Restructured accounts classified as non-performing assets, when
upgraded to standard category will attract a higher provision of 5% in the first year from the
date of upgradation.
A restructured account is one where the bank, for economic or legal reasons relating to the
borrower's financial difficulty, grants to the borrower concessions that the bank would not
otherwise consider. Restructuring would normally involve modification of terms of the advances
/ securities, which would generally include, among others, alteration of repayment period /
repayable amount/ the amount of instalments / rate of interest (due to reasons other than
competitive reasons) / roll-over of credit facilities / sanction of additional credit facility /
enhancement of existing credit limits. However, extension in repayment tenor of a floating rate
loan on reset of interest rate, so as to keep the EMI unchanged provided it is applied to a class of
accounts uniformly will not render the account to be classified as ‘Restructured account’. In other
words, extension or deferment of EMIs to individual borrowers as against to an entire class,
would render the accounts to be classified as 'restructured accounts’.
Banks may restructure the accounts classified under 'standard', 'sub- standard' and
'doubtful' categories.
Banks cannot reschedule / restructure / renegotiate borrower’s accounts with
retrospective effect.
No account will be taken up for restructuring by the banks unless the financial viability is
established and there is a reasonable certainty of repayment from the borrower, as per
the terms of restructuring package.
While the borrowers indulging in frauds and malfeasance will continue to remain
ineligible for restructuring, banks may review the reasons for classification of the
borrowers as wilful defaulters, specially in old cases where the manner of classification of
a borrower as a wilful defaulter was not transparent, and satisfy itself that the borrower
is in a position to rectify the wilful default.
BIFR cases are not eligible for restructuring without their express approval.
Present value of total available cash flow (ACF) during the loan life period
(including interest and principal)
LLR = -----------------------------------------------------------------------------------------------------
Maximum amount of loan
The accounts classified as 'standard assets' should be immediately re- classified as 'sub-
standard assets' upon restructuring.
The non-performing assets, upon restructuring, would continue to have the same asset
classification as prior to restructuring and slip into further lower asset classification
categories as per extant asset classification norms with reference to the pre-restructuring
repayment schedule.
Standard accounts classified as NPA and NPA accounts retained in the same category on
restructuring by the bank should be upgraded only when all the outstanding
loan/facilities in the account perform satisfactorily during the ‘specified period’, i.e.
principal and interest on all facilities in the account are serviced as per terms of payment
during that period.
The FITL / WCTL created by conversion of unpaid interest / irregular portion will be
classified in the same asset classification category in which the restructured advance has
been classified.
Any additional finance may be treated as 'standard asset' during the specified period
under the approved restructuring package. If the restructured asset does not qualify for
upgradation at the end of the above specified period, the additional finance shall be
placed in the same asset classification category as the restructured debt.
If a restructured asset, which is a standard asset on restructuring in terms special
regulatory treatment and is subjected to restructuring on a subsequent occasion, it should
be classified as substandard.
Specified Period: Specified period’ means the period from the date of implementation of
restructuring up to the date by which at least 20 percent of the outstanding principal
debt as per the restructuring and interest capitalisation sanctioned as part of the
restructuring, if any, is repaid. Provided that the specified period cannot end before one year
from the commencement of the first payment of interest or principal (whichever is later) on
the credit facility with longest period of moratorium under the terms of restructuring.
Satisfactory Performance: Satisfactory performance during the specified period means the
payments in respect of borrower entity are not in ‘Default’ at any point of time during the
‘specified period’. Default means non-payment of debt when whole or any part or
installment of the amount of debt has become due and payable and is not repaid by the
debtor or the corporate debtor, as the case may be. For revolving facilities like cash credit,
default would also mean the outstanding balance remaining continuously in excess of the
sanctioned limit or drawing power, whichever is lower, for more than 30 days.
ii. In case, however, satisfactory performance after the specified period is not evidenced, the
asset classification of the restructured account would be governed as per the applicable
prudential norms with reference to the pre-restructuring payment schedule.
Banks will hold provision against the restructured advances as per the extant provisioning
norms.
Restructured accounts, classified as non-performing assets upon restructuring, when upgraded
to standard category will attract a higher provision of 5% in the first year from the date of
upgradation.
Reduction in the rate of interest and / or reschedulement of the repayment of principal amount,
as part of the restructuring, will result in diminution in the fair value of the advance. Such
diminution in value is an economic loss for the bank and will have impact on the bank's market
value of equity. It is, therefore, necessary for banks to measure such diminution in the fair value
ii. Waiver of penal rates of interest and damages: If penal rates of interest or
damages have been charged, such charges should be waived from the accounting
year in which the unit started incurring cash losses continuously.
iii. Unpaid interest: After the penal rates of interest or damages charged are waived,
the unpaid interest of both term loan and cash credit for the period from the first
date of the accounting year in which the unit started incurring cash losses
continuously to the cut off date should be segregated and funded separately by way
of a Funded Interest Term Loan (FITL).
iv. Principal dues: After the penal interest, unpaid interest and damages charged are
reduced from the outstandings in the cash credit accounts, the amount of principal
dues is arrived at. Drawing power of the accounts should be realistically computed
after adjusting for unproductive inventory, unrealisable bills, etc. The irregular portion
of the cash credit account (Principal dues after reducing the Drawing Power), would be
funded as Working Capital Term Loan (WCTL).
v. Existing working capital: After the unpaid interest portion is funded as FITL and
the irregular portion is funded as WCTL, the remaining working capital limit can be
extended concessionary rate of interest.
vi. Existing term loans: After the unpaid interest portion is funded as mentioned in
paragraph above, repayment of the balance dues should be suitably rephased and
repaid within the stipulated period as mentioned above. Additional Finance: Need
When a bank restructures an account a second (or more) time(s), the account will be considered as
a 'repeatedly restructured account'. However, if the second restructuring takes place after the
period upto which the concessions were extended under the terms of the first restructuring, that
account shall not be reckoned as a 'repeatedly restructured account'.
- The Bank’s right to exercise recompense should be included in the sanction letter to
the borrower.
- Suitable clause should be added in the sanction letter requiring the unit to show the
recompense amount due to the Bank as a contingent liability in the unit’s balance
sheet every year.
- The amount of recompense due to the Bank should be advised to the company and
their acknowledgement obtained at half-yearly intervals, which should be kept along
with the relative security documents.
- In case a decision is taken to call up the advance due to failure of the package, the loss
sustained by the Bank on account of reliefs/concessions extended should also be
claimed along with other dues.
- Registers for Right of Recompense should be maintained in respect of each unit for
whom a package has been approved; one page should be used for each facility in the
relative Register.
Action under SARFAESI Act, 2002 can be initiated in the following cases:
i. In NPA accounts identified for SARFAESI action, the loan documents including EM documents
pertaining to securities held should be legally enforceable and within the period of limitation.
iii. Approval for issuing notice under section 13(2) of SARFAESI Act, 2002 to be obtained from
the Competent Authority.
Also, before initiating action under Section 13(4) of SARFAESI Act, the Branch should invariably
obtain approval of the appropriate authority.
iv. Authorised Officer has the authority to initiate action under the Act and issue notices. As per
the Security Interest (Enforcement) Rules, 2002 (the Rules), ‘Authorised officer’ means an officer
not less than a Chief Manager of a public sector bank or equivalent.
I. Preparation of Notice
i. Postal addresses of all Borrower(s) and Guarantor(s) to be verified and correctly mentioned in
the notice.
ii. Notice should contain full details of the amount payable by the Borrower(s) and the secured
assets to be enforced.
Interest calculation to be done correctly as per contracted rate of interest.
iii. Particulars of loan documents executed by the Borrower(s) should be mentioned in the
notice.
iv. The date on which the account was classified as Non Performing Asset (NPA) should be
correctly mentioned in the 13(2) notice.
Service of Demand Notice under Sec.13(2) shall be made by by Registered Post with
Acknowledgment Due addressed to the Borrower or his Agent empowered to accept the service
or by Speed Post or by Courier or any means of transmission of documents like fax message or
electronic mail service. Acknowledgment card received should be kept on record carefully to be
used as evidence when required.
i. If Demand Notices could not be served on the Borrower(s)/Guarantor(s), as per the SARFAESI
Rules, the service should be effected by affixing a copy of the demand notice on the outer
door/other conspicuous place where the Borrower(s) /Guarantor(s) reside, photographs of the
same should be taken and kept on record to be used as an evidence in case of need.
ii. Contents of the notice to be published in two leading news papers, one in English and one
vernacular, having sufficient circulation in that locality.
If the Borrower makes any representation or raises any objection on receipt of the demand
notice, Authorized Officer shall consider such representation or objection carefully and if he
comes to the conclusion that such representation or objection is not acceptable or tenable, he
shall communicate the reasons for non- acceptance within 15 days of receipt of such
representation or objection.
DRT/Civil Court to be informed suitably in consultation with the Advocate handling the matter
regarding initiation of action u/s 13(2) of the Act, where, suit is pending at DRT/Civil Court.
If the amount mentioned in the demand notice is not paid within the time specified i.e. 60 days
from the date of notice under section 13 (2), the Authorised Officer may take possession of the
secured assets of the borrower including the right to transfer by way of lease, assignment or sale
for realizing the secured asset.
ii. Services of Resolution Agents for Initiating Action Under SARFAESI Act, 2002
The branch may avail services of Approved Resolution Agent for taking various recovery actions.
b Filing of Caveat:
When action under Section 13(4) of the Act is taken by the Bank, the Borrower(s)/Guarantor(s)
may file a Securitisation Application before the DRT u/s 17 of the SARFAESI Act within 45 days
challenging such action. Therefore, a Caveat may be filed before the DRT to avoid passing of any
interim order/injunction order restraining further action, without hearing the Bank.
After expiry of 60 days from the date of notice u/s 13(2), action should be initiated for taking
possession of the property:
i. Immovable Properties
a) The Authorised Officer shall take possession of such property in the presence of two
independent witnesses by delivering a possession notice to the Borrower(s) and affixing the
possession notice under section 13(4) of the Act on the outer door or at such conspicuous place
of the property, take photograph thereof and keep the same on record.
b) Notice regarding possession of the immovable property with full details of the property and
name of Borrower(s) / Guarantor(s) should be published within 7 days of taking possession in
two leading news papers, of which one should be in vernacular language having sufficient
circulation in that locality.
i. Where the possession of the movable property in possession of the Borrower(s) is to be taken
by the Bank, the Authorized Officer shall take possession of such movable property in the
presence of two independent witnesses after Panchnama is drawn and duly signed by the
witnesses.
ii. After taking possession, the Authorised Officer should prepare the inventory of the property
and deliver a copy of such inventory to the Borrower(s)/Guarantor(s) or any person authorised
to receive on their behalf.
iii. Rule 4 has been amended by incorporating Rule 2A to provide that after possession of the
secured movable property is taken by the secured creditor, the borrower shall be intimated by a
notice enclosing the Panchanama drawn in Appendix I to the Rules and the inventory made in
Appendix II to the Rules.
i. The Authorised Officer should arrange for valuation of the assets by an approved valuer
immediately after taking possession and in any case before sale.
ii. The branch should always use services of empanelled SARFAESI valuer for taking Valuation
Report for fixing Reserve Price.
Reserve Price of the assets to be sold should be determined on the basis of valuation report
obtained. Sanction for Reserve Price has to be obtained from the appropriate Committee at Zonal
Office/ Local Head Office/Corporate Centre.
i. Property to be sold through e-Auction and Agency for conducting e- Auction to be identified.
ii. The Borrower(s) / Guarantor(s) should be served 30 days notice for sale of movable and
immovable secured assets.
iii. The sale can be conducted only after expiry of 30 days notice given to Borrower(s)/
Guarantor(s)/legal heirs of Borrower(s)/Guarantor(s).
iv. A public sale notice should be published in two leading newspapers, one in vernacular
language having sufficient circulation in the locality.
v. On confirmation of sale by the secured creditor and compliance of the terms of payment, the
Authorized Officer shall issue a Certificate of Sale for the properties in favor of the purchaser for
movable assets and for immovable Assets.
vi. The Authorized Officer shall deliver the property to the purchaser free from encumbrances
known to the secured creditor and the same to be mentioned in the Certificate of Sale. The
Authorized Officer should also obtain receipt of possession and original Title deeds.
vii. The Authorized Officer shall ensure registration of Sale Certificate on making payment as per
stamp Act, and charges as applicable in the respective State, cost of which will be borne by the
purchaser.
(Important to note that after failure of the first sale of the immovable property, only 15 days’
notice is required to be served for any subsequent sales).
Private Treaty
It is a sale process which is outside public auction and is resorted to only when public auction
fails.
Sub-rule (3) which deals with sale by private treaty has been amended to provide that such sale
shall be on such terms as may be settled between the secured creditors and the proposed
purchaser in writing.
i) The amount of total debt due from the borrowers should be less than Rs.10 lacs.
iii) A brief history of case after examining files of the borrower should be prepared.
vi) Permission for filing of suit and transfer of outstandings to Recalled Asset
account from the Competent Authority to be obtained.
2. Issue of Notice
The branch should arrange to issue notices by registered post with AD through
the advocate.
i) Branch should engage an advocate who is in the panel of the Bank and who
practices in the Civil Court.
ii) The Branch has to hand over the case history and copies of documents to the
Advocate for his study.
Facts contained in the draft plaint are to be verified by the Branch official
concerned. Legal aspects have to be verified by the Bank’s Law Officer.
Plaint is to be signed by the authorized Branch official. Demand Draft for court fees,
process fees and copying fees has to be prepared. Affidavit of Branch official has also
to be filed along with the plaint, in duplicate.
6. Service of Summons
i) Adequate number of copies of the plaint as directed by the Court have to be made
available.
ii) Service of Summons is to be effected to each defendant through Court by the Bank as
per Court’s orders.
i) Attendance of the Branch official on each date of hearing with the advocate has to
be ensured.
ii) Written statement filed by the Borrower(s)/Guarantor(s) and the documents relied
upon have to be examined.
iii) If any claim for set off or counter claim is made in the written statement, a
counter affidavit has to be filed.
ii) Whether any document relied upon by the Borrower(s) needs to be denied.
iii) List of Documents and witnesses to be relied upon by the Branch have to be provided.
iv) Issues have to be framed by the Court in terms of the judgement required.
vi) Decree has to be obtained after the judgement has been pronounced. In case of any
apparent mistake in judgement/ decree, the matter has to be discussed with the
Advocate, as to whether a rectification petition needs to be filed for correcting the
errors.
i) Jurisdiction
a) Pecuniary jurisdiction:
Original Application (O.A.) in DRT is to be filed where the total amount of debt due to the Bank
is Rs. 10.00 lacs & above.
b) Territorial jurisdiction:
Branches should make an application to the Tribunal within whose local limits of jurisdiction, the
cause of action wholly or partly.
v) Death of Borrower(s)/Guarantor(s)
In case of death of Borrower(s) / Guarantor(s), Branch officials to identify the legal heirs of the
deceased.
a) Seeking injunction restraining the defendants from transferring, alienating or dealing with
their movable and immoveable assets in any manner without prior permission of the Hon’ble
Tribunal.
c) Sale before judgment in case assets charged are of perishable nature & the value of the assets
is going to diminish.
d) Seeking direction to the defendants for filing statement of assets on oath by them.
e) Impounding of Passports where Branch officials fear that Borrower(s) / Guarantor(s) may
proceed abroad.
f) Issuance of Partial Recovery Certificate based on the admission of debt by the Borrower
(s)/Guarantor (s) on the basis of latest Audited Balance Sheet or any other written
communication to the Bank.
Original Application (OA) prepared by the Bank’s empanelled Advocate is to be vetted by the
Bank’s Law Officer and any suggested modifications are to be carried out.
The Original Application (OA) is to be filed in DRT alongwith the copy of documents and
requisite court fee.
a) On receipt of the Original Application (OA) at DRT, Registrar of the DRT will scrutinize and if
found in order, it will be registered and given a Serial Number.
b) If any defect in the Original Application (OA) is brought to the notice of the Branch by the
Registrar of the DRT, it is to be rectified immediately.
a) On receipt of the application, the DRT shall issue summons requiring the Defendant (s) to
show cause, within 30 days, of the service of the summons as to why the reliefs prayed for in the
Original Application (OA) should not be granted
During the first hearing in DRT, empanelled Advocate should argue for granting the Interim
Relief (s) prayed for and obtain the same.
The defendant (s) on service of summons are required to file their reply within one month from
the date of service of Summons.
v. Hearings in DRT:
Bank’s advocate should remain present on the dates of hearing and should arrange for proper
reply to all the issues raised by the Defendant’s counsel.
a) After giving the Applicant and Defendant (s) an opportunity of being heard, DRT shall pass
such Interim or Final Order directing payment of the amount with interest which is found due
upto the date of realisation or actual payment.
b) The Presiding Officer, DRT shall issue a Recovery Certificate under his Signature to the
Recovery Officer for recovery of the amount of debts specified in the Certificate containing :-
a) No. of Original Application (O.A.)
b) Name & Designation of Parties.
c) Particulars of claim.
d) Terms of payment of Decreed amount.
The Recovery Officer, DRT shall proceed to recover the amount of debt specified in the Recovery
Certificate by one or more of the following modes: -
• By attachment and sale of movable / immovable properties of the Certificate Debtor (s) /
Borrowers, and / or Guarantors. Recovery Officer will issue sale proclamation notice and will
arrange for e-auction on the scheduled date.
• By arrest / detention of the Judgment Debtor (s) in Civil Prison where they have sufficient
means to repay the Bank’s dues but deliberately avoiding the same.
• Appointing a Receiver for the management of the movable or immovable properties of the
Certificate Debtor (s) / Borrower(s), and / or Guarantors.
The Insolvency and Bankruptcy Code, 2016 (“Code”) seeks to significantly overhaul the existing
state of legal regime in relation to insolvency and bankruptcy processes in India. The Code is
being viewed as one of the most significant legislative reform towards “ease of doing
business in India” – one of the main objectives of legislative and policy reforms by the central
government.
i) Until now the law relating to insolvency and bankruptcy in India has been scattered over
several statutes with each of such statute having its own distinct objects and purpose, as well as
procedures and mechanisms resulting is a dispersed approach of recovery. The Code however,
seeks to bring uniformity in the jurisprudential approach and also standardise the processes for
the treatment of bankrupt or insolvent borrowers. The Code has been formulated with the
broad objective to consolidate all existing laws relating to insolvency and bankruptcy for
companies and individual under one umbrella.
ii) Multiplicity of adjudicating forums, overlapping insolvency and restructuring laws, lower
monetisation of liquidated assets and the absence of a time-bound insolvency process are
some of the key challenges that the Indian economy faces today. The Code has been enacted at
a time when stress in the Indian banking sector has become evident. To ensure stability
and economic efficiency of the Indian credit market, it is critical that these issues be
addressed. It comes with an objective to enhance credit availability, promote entrepreneurship,
balance the interest of all stakeholders in an entity and reduce the time of resolution for
maximizing the value of assets.
iii) The Code brings a paradigm shift from ‘debtors’ in possession to ‘creditors in control’
which creates time bound processes for insolvency resolution of companies and individuals. It
moves from “Erosion of Net-Worth” to “Payment Default”. Insolvency Professional will take over
management and control of the Corporate Debtor (Borrowing Company). Government dues
would rank below the claims of other creditors. It also has provisions to deal with concealment,
fraud and/or manipulation leading to fine and/or imprisonment. It also provides confidence to
lenders and investors in the debt market.
iv) Insolvency- is a situation where liabilities of a person/firm exceed its assets and is
unable to pay debt obligations as assets may be illiquid and cash flows are not sufficient to pay
debts.
v) Bankruptcy- occurs when a court recognises the insolvency which is beyond resolution.
A bankrupt entity is a debtor who has been adjudged as bankrupt by an Adjudicating Authority
by passing a bankruptcy order. The court appoints a trustee who will be responsible for
selling the property and discharge obligations to the creditors. It has primarily to give relief to
the debtor from the harassment by his creditors whose claims are not paid.
Compromise settlement refers to a negotiated settlement where a borrower offers to pay and the
Bank agrees to accept in full and final settlement of its dues an amount less than the total amount
due to the Bank under the relative loan account. Thus, the compromise settlement invariably
involves certain sacrifice by the Bank (by way of write off and/or waiver) of a portion of its dues.
i. Bank’s Approach: The compromise will be a negotiated settlement under which the Bank will
endeavour to recover its dues to the maximum extent possible with minimum sacrifice.
ii. Realisable Value of Securities, and NPV of compromise amount & Securities: The
realisable value of security charged to the Bank as also the Bank’s ability to dispose the security
will be the basic factors which would decide the compromise amount. While assessing the
realizable value of security, proper weightage would have to be given to its location, condition
and marketability.
The Net Present Value (NPV) of settlement amount should generally not be less than NPV of the
realizable value of the available securities. In case of lower value, the same has to be justified
with valid and sufficient reasons. For calculation of NPV, the rate of discount should be taken as
the prevailing Base Rate with annual rests and the maximum estimated time to realize the
securities may be taken as 5 years from the date of notice under section 13(2) in case of
SARFAESI action and 7 years from the date of filing suits in case of DRT / Court cases.
iii. Influence of Group Companies: In case the borrower has other group companies, influence
of these companies or the parent company may be used for a better settlement.
iv. Initial Deposit : Normally along with the compromise offer letter, an initial deposit of at least
5% of the offer amount may be taken from the borrower under no lien account as an evidence of
the borrower's bonafide intention to pursue the compromise settlement with the Bank.
v. Terms of Payment : Time Period for Payment & Charging of Interest on Compromise
Settlement amount : It will be the endeavour of the Bank to get the entire compromise amount
paid up in lump sum. In cases where the amount is agreed to be recovered in instalments,
normally at least 15% of the approved settlement amount (inclusive of initial deposit) would be
payable upfront with the balance instalments spread over a maximum period of 12 months. In
case, the compromise amount is not paid as per terms of sanction, the Bank will be entitled to
treat the compromise settlement as cancelled.
vi. Cases of wilful defaulters: In the matter of settling compromise amount, distinction will
need to be made between wilful defaulters and the borrowers defaulting for reasons beyond
their control. In case of the former, a tough stand has to be taken and the proposal should be put
up after obtaining in-principle approval of the GM (NW/MCG/CAG/SAMG) based on a review of
such cases.
vii. Default Clause: Compromise settlement will be arrived at with borrowers / guarantors
subject to the condition that in the event of any failure to honour any of the terms of the
viii. Consent Decree: An application for obtaining Consent Decree from the appropriate
Court/DRT should be filed immediately on sanction of the compromise proposal incorporating
therein a clause that in the event, the borrowers / guarantors fail to adhere to the terms of
compromise, the compromise settlement shall stand automatically cancelled and the Bank will
be entitled to recover the entire outstanding amount together with interest at the contractual
rate.
ix. Position of other recovery action: The sanctioning authority must satisfy itself that all
possible steps to recover the dues have been explored and that compromise settlement is in the
larger interest of the Bank.
x. Opportunity cost analysis : While arriving at a negotiated settlement, the advantage available
to the Bank from prompt recycling of funds should be considered in comparison to the likely
recovery by following legal or other protracted course of action i.e. opportunity cost analysis to
be made.
xi. Uncharged assets of the borrowers / guarantors: Before entering into any compromise
settlement, details of uncharged assets of the borrowers and guarantors should be collected by
either engaging the services of investigative agencies or otherwise.
xii. Compromise settlement proposals from Guarantors: Compromise Settlement proposals
from guarantors should be treated on par with proposals from borrowers.
Introduction:
Lok Adalat is a forum where the disputes pending in the court of law or at pre-litigation stage are
settled amicably. Lok Adalat has been given statutory status under the Legal Services Authority
Act, 1987. An award made by the Lok Adalat is deemed to be a decree of a civil court and is final
and binding on all parties.
i. Cases pending before courts and cases likely to be filed before any court where borrowers are
willing to settle Bank’s dues to avoid lengthy court procedures.
ii. Monetary ceiling of cases to be referred to the Lok Adalat organized by Civil Courts is Rs. 20
lacs. Further, our branches can participate in Lok Adalats to be organised by DRTs/DRATs
irrespective of the amounts involved in the cases.
iii. Where the account is NPA and there is no suit or proceeding initiated but there is a likelihood
of a settlement, then the Bank or the Borrower may make an application to the Lok Adalat for
taking up the matter before the Lok Adalat.
iv. A list of identified accounts, with relevant details, is to be submitted to the Lok Adalat for
sending notices to borrowers for appearing before Lok Adalat.