Académique Documents
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Credit being one of the core banking functions require specialized skills in finance
area for building quality assets portfolio in the Bank. Of late, it has been observed
that functional units need to focus on Due Diligence apart from compliance of usual
laid down guidelines while handling credit business. We need to understand financials
beyond the statistics, and to carry out industry analysis while processing the credit
business.
It gives me great pleasure to write this foreword for ―Hand Book on Credit‖
prepared by the TEAM at Staff College, Ahmedabad, which is specifically brought
out for newly recruited officers in our Bank. This book is a compilation of Bank‘s
policies, guidelines, practices, and procedures that will serve as a useful reference
guide for the staff working in credit department at various levels in branches /
offices for effectively handling the credit portfolio.
It is endeavor to present guidelines at one place in form of Hand Book for those who
are handling credit operations in the Bank. We welcome to have valuable suggestions
from our staff at sc.ahmedabad@bankofbaroda.com for adding more value to the
ensuing editions of the book.
(S K Das)
General Manager
(HRM)
1 PRINCIPLES OF LENDING
2 TYPES OF BORROWERS
12 DOCUMENTATION
13 CHARGING OF SECURITIES
15 CREDIT RATING
16 CREDIT AUDIT
19 PREVENTIVE VIGILANCE
21 PROPOSAL PREPARATION
2 Checklist format
6 Arrangement
Learning bites: This chapter deals with various principles on which lending activity is
performed e.g. three ‗Cs‘ of the borrower can established a foundation of sound credit.
The business of lending, which is main business of the banks, carry certain inherent
risks and bank cannot take more than calculated risk whenever it wants to lend. Hence
lending activity has to necessarily adhere to certain principles. Lending principles can be
conveniently divided into two areas i) activity and individual.
i) Activity :
1) Principle of safety of funds
2) Principle of profitability
3) Principle of liquidity
4) Principle of purpose
5) Principle of risk spread
6) Principle of security.
Principle of Profitability
Profitability is the key word for every business organization and Bank is not the
exception to it.
The profit is the result of sound business decision and is related to cost of funds and
other related risks.
Principle of Liquidity
Principle of Purpose
Principle of Security
Security gives a leverage to the lender in case borrower is not in a position to repay the
loans.
The collateral security should be utilized only under extreme circumstances where the
borrower cannot repay.
ii) INDIVIDUAL :-
Process of Lending
Character implies honesty, integrity, and reputation in the market, business morality and
dependability.
Capacity means knowledge of the borrower about his business and ability to conduct the
affairs successfully.
Capital is the funds to be employed by the borrower in the business.
In case of partnership/ proprietary concerns the banker should also anticipate the
problem of succession, sharing of work amongst themselves.
In case of a limited company, a study of the directors/ key men, managing the unit is
essential.
Character :-
(1) Character is the greatest and the most important asset, which any individual can have.
Even if a borrower has the capacity and capital to repay a loan, it is the character of the
borrower which indicates his intention to repay. If the character or integrity of a
borrower is known to be questionable, every banker would avoid him even if backed by
sufficient collaterals.
Capacity :-
Capital:-
It is his ability to meet the loss, if any, sustained in the business or venture from his
own investment or capital without shifting it to his creditor or banker. Unless a
borrower has some stake in the business, he may not take much interest in its success.
Collateral:-
Collateral may be required in certain cases depending upon the risk involved in the
proposal or to secure unsecured portion.
Conditions:
Loans / Credit facilities may granted / sanctioned / disbursed based on certain terms
and conditions. Hence, borrower is committed to fulfill all terms and conditions in
totality.
Loan application
Market reports
Operation in the account
Report from other Bankers
Financial statements, IT returns etc.
Personal interview
Unit inspection prior to sanction
Security Appraisal
M – Marketability
A – Easy to ascertain its title, value, quantity and quality.
S - Stability of value.
T - Transferability of title.
D – Durability – not perishable.
A – Absence of contingent liability. I.e. the bank may not have to spend more money
on the security to make it marketable or even to maintain it.
Y – Yield. The security should provide some on-going income to the borrower/ bank
to cover interest & or partial repayment.
C – Credit Summations
A – Adequacy of credit summations
S – Stock Statement
H – HO approval/ rectification
C – Cash/ Cheque operation
R – Return of cheques
E – Expiry of limit
D – Drawing power
I - Insurance
T – Tension of recovery.
Quick bites: This chapter deals with granting of an advance or a credit facility to
borrower may be an individual, HUF, Sole Proprietorship, Partnership, Limited
Company, Co-operative Society or any other type of constituent permissible under
law.
1. INDIVIDUALS
As per law, every individual to whom a credit facility is sanctioned must be competent to
contract. Minors, persons of unsound mind and un-discharged insolvents are incompetent
to enter into a valid contract.
When an individual decides to venture into a business, then a simple form of business to
set up is a Sole Proprietor. To illustrate the difference between sole proprietor and sole
proprietorship, let us take an example Mr. Raman start a business of readymade garment
in the name of Fashion World. The sole proprietor is Mr. Raman. The name of sole
proprietorship business is Fashion World. As per KYC guidelines, we are required to
obtain documentary evidences (i.e. including registration of firm with respective
authority under Shop & Establishment Act, VAT Registration etc.) to ensure that the
proprietorship firm is actually in existence.
Hindu Undivided Family can be considered for granting the credit facilities. However, as
per guidelines (Circular No. BCC: BR: 98 / 203 dated 01.07.2006) providing any credit
facilities where HUF is shown as a partner in a partnership firm, should not be
considered at all. This is in connection with Hon'ble Supreme Court, in their Judgment,
held that HUF has no juristic personality and hence it can not be called as a person (and
not being a person, can not enter into an agreement with an individual or body corporate
or company, as the case may be), to form a partnership and carry on the business of
partnership firm. Further, section 5 of the Partnership Act provides that the
relationship of a partner arises by means of a contract and not from status. Further,
the said Act also excludes the members of HUF carrying on the family business as such
from the description of partners.
3. PARTNERSHIP FIRMS
To enter into a partnership, there has to be a contract which may be oral or in writing.
Being a legal contract, persons having legal capacity to contract (minors, insolvents, alien
enemy excluded) only can enter into a partnership.
The number of partners in a partnership firm should not exceed ten, if it is engaged in
banking business and twenty in other cases.
There are no restrictions on the borrowing powers of a partnership firm.The firm need
not be a registered one for granting advance facilities.
As per Section 32 of Indian Partnership Act 1932, a minor can be admitted to the
benefits of a partnership with the consent of all the partners but he will not be liable
for losses of the firm. Within six months after he attains the majority, the minor has an
option to repudiate his liability as a partner otherwise will be held liable as a partner of
the firm, from the date he was admitted for the benefits of partnership. As such the
minor should not be mentioned as a full fledged partner and neither his nor his
guardian's signature obtained on security documents.
Joint Stock Company/ Trust can become the partner in a firm and in such cases the
bankers need to ensure that they are eligible to become the partner.
Action on the part of Lending Bank in case of Admission of a new partner/ Dissolution of
the firm (Mutually, Death/insolvency/ retirement/ operation of law) when the account is
showing debit balance-
Case Action
Admission of Obtain LAD/balance confirmation letter, signatures and record date of
new partner admission before allowing operations
Death, Stop operations to avoid rule in Clayton‘s case. LAD/Balance
insolvency or confirmation to be obtained from legal heirs in case of death to make
lunacy them liable.
Retirement of If it is decided to permit the loan facility to the firm with remaining
partner partners, LAD/balance confirmation letter to be obtained from them.
When the account of the reconstituted firm is opened, fresh documents should be
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obtained and thereafter the outstanding balance in the old account be adjusted by a
cheque drawn on the new account and signed jointly by all the partners of the
reconstituted firm or by obtaining a letter of authority signed by all the partners.
Change in the constitution of the firm should invariably be brought to the notice of the
sanctioning authority and instructions sought for the continuance of the facilities to the
reconstituted firm along with full details and the position of the firm consequent to the
death/retirement of a partner. Impact of reconstitution of the firm on its capital
structure and management should be studied carefully.
However, with a view to ensuring that the activities of the firm, are not affected and
that they continue to have dealings with the bank till all the formalities are completed,
the firm may be allowed to operate on their existing accounts after obtaining a stamped
indemnity signed by all the partners including the partners who has/have joined/retired
along with the confirmation from the guarantor/s; if any.
4. LIMITED COMPANIES
The companies Act, 1956 recognizes a joint stock company as a legal person, due to
which it is a separate legal entity and bankers have to deal with such organization more
carefully-
Different types of companies- Generally, the bankers deal with two types of companies-
Public company" is defined in section 3(1) (iv) of the Act and it means a company which —
a. is not a private company;
b. has a minimum paid-up capital of five lakh rupees or such higher paid-up capital, as may
be prescribed;
c. is a private company which is a subsidiary of a company which is not a private company.
Public limited companies must have minimum 3 directors and seven shareholders.
Public Limited can invite/transfer shares to or from public and such shares are quoted in
stock market.
3(1)(iii) A Private Company (Pvt. Co.) can operate with Minimum paid-up
capital of Rs. 1 lakh as against Rs. 5 lakhs for Public Company.
12(1) A Pvt. Co. can be formed by only two persons as against requirement
of at least seven persons in case of Public Company.
58A Deposit taken by Pvt. Co. from members enjoys total exemption
from the clutches of this section. Kindly note that as per the
provisions of sec. 58A read with rule 2(b) of the Companies
(Acceptance of Deposits) Rules, 1975 — amount received from its
shareholders by a private company (provided the shareholder
concerned furnishes at the time of giving the money to the
company, a declaration that the amount is not being given out of
funds acquired by him by borrowing or accepting from others) is not
included in the meaning of deposit. If the depositor ceases to be a
shareholder, the deposits made by him cease to qualify for
exemption from the date of such cessation
70(3) A Pvt. Co. need not file Statement in lieu of Prospectus with ROC.
77(2 & There is no restriction for Pvt. Co. which is not a subsidiary of a
3) public company to provide financial assistance to anyone for
purchasing or subscribing for its own shares or of its holding
company.
81 A Pvt. Co. can issue further shares in any manner; i.e., rights shares
to the existing shareholders need not be offered.
85 to 90 The restrictions relating to kinds of share capital, issue of shares
with differential voting rights, etc. do not apply to Pvt. Co.
111 Appeal against refusal to register a transfer or transmission of
shares.
149 Procedures for obtaining certificate of commencement of business
do not apply to Pvt. Co. A Pvt. Co. can commence its business as soon
as the certificate of incorporation is issued.
165 Pvt. Co. is not required to hold statutory meeting or prepare any
statutory report.
170 to Relaxation in the length of Notice for calling General Meeting,
186 contents and manner of Service of Notices, Explanatory
Statements, Quorum for meeting, Chairman of meeting,
Restrictions of voting rights etc. to the extent to which the
company makes its own provisions by its articles..
192A Passing of resolution by Postal Ballot not relevant for Pvt. Co.
A bankers must obtain and verify the copies of MOA, AOA, Certificate of Incorporation
and certificate of commencement of business (for public limited companies) to see that
the borrowing is for the objective of the company and board of directors has power to
borrow.
Borrowing powers of the company arise due to objective clause in MOA. The borrowing
powers of the Board are stated in AOA. In case of public limited company and a private
Affixation of Common Seal of the company on various loan documents should be in the
manner prescribed in Article of Association. The resolution for affixation of common
seal should be passed in conformity with the seal clause and the affixation of common
seal to the documents should be accordingly.
6. Trusts
With the growth of Indian economy, the role played by its entrepreneurs as well as its
technical and professional manpower has been acknowledged internationally. In this
background, a need was felt for a new corporate form that would provide an alternative
to the traditional partnership which exposes its partners to unlimited personal liability
and a statute based governance structure of limited liability companies.
Every LLP shall have at least two partners. The following persons can be partners in LLP:
1. Individuals
2. Limited Liability Partnerships
3. Companies
4. Foreign Limited Liability Partnerships
5. LLPs incorporated outside India
6. Foreign Companies
Karta representing a Hindu Undivided Family can be a partner. However, the Act is not
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clear in respect of admission of HUF as partner. Since an HUF is neither a person nor a
legal entity, in the opinion of bank‘s guidelines vide Circular No.BCC / BR /102/139 dated
17.05.2011 that it can not be taken as a partner. A Cooperative society, Society and
Corporation can also not be member of LLP. Obviously, minor, a person of unsound mind
and undercharged insolvent can not be admitted as partner of LLP as they lack capacity
to contract.
a. The branches should verify the LLP Agreement which is the main document governing
the relationship between the partners inter se and partners and the LLP.
b. Resolution for borrowing and execution of documents would be a must notwithstanding
that common seal for LLP is optional.
c. Execution of documents on behalf of LLP shall be either under common seal or under
the signatures of the authorized partners signing for and on behalf of the LLP as may be
resolved.
d. Signature of each and every partner is not required in the documents executed on
behalf of LLP as LLP is a corporate entity.
e. Since the number of partners would be unlimited binding each and every partner
personally may not be feasible.
f. Personal Guarantee of the partners having majority share holding can be stipulated and
obtained.
g. A major problem that banks may have to face would be in respect of encumbrances over
the LLP assets as there is no provision of registration of charges with RoC unlike a
limited Company.
h. Further, since the partners would not be personally liable except to the extent of
his/her share in the LLP, to protect the interest of the bank, sanctioning authority may
stipulate for personal guarantees of partners and mortgage of their personal assets in
addition to the LLP assets depending on the credit decision.
i. Before financing an LLP branches to inspect thoroughly the registers of LLP containing
the number and names of partners, the pattern and extent of liability of partners, the
charges created on LLP assets, the amount of insurance coverage on LLP assets, Books
of Account of LLP, Annual Return and Statement filed with RoC etc.
Quick Bites: Pre-Sanction Appraisal or Credit Appraisal is a critical part of the sanction.
This chapter deals with various components of Credit appraisal i.e. Borrower Appraisal,
Technical Appraisal, Management Appraisal, Financial Appraisal, Economic Appraisal,
Market Appraisal and Environmental Appraisal. Borrower Appraisal – 5 Cs character,
capacity, capital, collateral and conditions
The entire gamut of credit appraisal can be segregated into 7 sections is under:
1. Borrower Appraisal
2. Technical Appraisal
3. Management Appraisal
4. Financial Appraisal
5. Economic Appraisal
6. Market Appraisal
7. Environmental Appraisal
1. BORROWER APPRAISAL
Every credit proposal, howsoever, small or big, is sponsored either by an individual, group
of individuals or a body run by individuals. A project which may be considered technically
feasible, economically viable and financially sound may run into difficulties if it is not
backed by a competent person who will be manning the enterprise. Thus, ‗the man behind
the project is very important‘.
Condition:
2. Technical Appraisal
The technical appraisal of a credit proposal involves a detailed study of the
following aspects:
Availability of basic infrastructure
Licensing/registration requirements
Selection of technology
Availability of suitable technical process, raw material skilled labour etc
3. Management Appraisal
In case of projects, units or enterprises run by individuals as sole proprietors or
partnership firms, it is usually one or two persons who manage the entire project, unit or
the enterprise whether it be of manufacturing or trading. In such cases a careful
appraisal of the individual borrowers who run the show as enumerated in Para 1-
(Borrower Appraisal) to decide whether to finance such a project, firm or enterprise or
not.
However, in case of corporate borrowers and also in case of large borrowal accounts, it
is usually a set of professionals who manage the entity each specialized in a specific area
of management i.e. production, finance, marketing, personnel etc. Unless there is a
5. Economic Appraisal:
The performance of a project is influenced by a variety of other economic, social and
cultural factors. Even if a project is technically feasible and financially viable, it may
not satisfy the economic needs viz. employment potential, development of industrially
backward areas, environmental pollution etc.
Further as capital is a scarce resource, it is necessary that it must be allocated in such
a way that it yields best possible return to the society in general and the investor in
particular. As such a detailed appraisal of the project in terms of the return it
generates to the investor and the lending institutions is necessary before a decision is
taken to commit resources.
Method of economic appraisal includes sensitivity analysis and computation of the
Internal Rate of Return of the project.
6. Market Appraisal:
While appraising a proposal it is not only necessary to find out whether it is technically
feasible and financially viable, but also important to ascertain the marketability of the
product manufactured/sold. If goods produced cannot be sold there would be no point in
producing them. Hence the marketability or saleability of goods is of great importance.
Existence of a market for the product provides the rationale for its production. If the
product sought to be manufactured is the only one of its kind for which there are no
substitutes, the marketing of the same may not be a problem excepting when it can be
freely imported and that too at a lesser cost. However, if there are many competitors,
the entrepreneur may find the going tough. However a combination of the factors like
man behind the show, the quality of the product and the strategy for its sale will result
in its successful marketing.
Therefore, a careful survey of the market to determine the following aspects is called
the Market Appraisal:
a. General Market Prospects for the Product
b. Position of the product vis-à-vis the competitors
c. Size of the market and share of the proposed unit
d. Price structure
e. Raw Material
f. Marketing Strategy
Quick Bites:
This handout explains the rationale behind the Analysis & Interpretation of Financial
Statements, the concept of Balance Sheet, the concept of Profit & Loss Account, the
importance of Cash Flow & Fund Flow statements.
1 Introduction:
Banks require to assess financial strength and the performance of the borrowers for
proposal & appraisal. The main source of information for assessing the viability and
financial strength of operations of the borrower, are financial statements which
consist of –
1. Balance Sheet
2. Profit & loss Account and
3. Cash flow (it gives total cash flow of the firm / Company)
Both Director‘s Report & Auditor‘s Report are part of financial statement & should
important indicator of the business performance of the firm / Company. The system or
approach for analysing Financial Statements depends upon the purpose for which the
study is undertaken. Our purpose of analysing the financial statements is doing credit
analysis which is different from that of an investor, government authority etc.
Credit Appraisal:
While analysing a credit proposal, several factors, apart from analysis of statements,
are taken into account like Financial Statement, Operational data, Study of personal
credit-worthiness of the borrower/ guarantor, Dealings with other banks, Technical
feasibility, production process, particulars of plant & machinery, infrastructure
facilities, technical report, Financial viability, cost of the project, sources of finance,
relationship between cost of project & source of finance, Economic viability, repayment
capacity, return on capital employed, return on equity capital/net worth, Marketing
prospects, Management, Personal Competence of the Promoters, Financial
Resourcefulness. The process of credit analysis can broadly be divided into the following
major heads:
Promoters and their business background
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Nature of the industry/business
Factors of production i.e. Land, Building, Machinery, Labour, Entrepreneur
etc.
Past financial record, present position and future profitability
Financial Planning
Borrower's integrity
Purpose of advance
Repayment programme
Security and other terms and conditions
Associate concerns, if any, and their performance
Promoters'/Borrowers' dealings with our Bank and other banks, where
applicable
This handout describes meaning of Financial Statement and their analysis /
interpretation from banker‘s point of view.
2 Financial Statements :
(i) Whether the business organisation is a sole proprietary concern, partnership or a Joint
Hindu Family firm or a company registered under the Companies Act, it has to
maintain a record of all its assets and liabilities. They should also maintain proper
records of all transactions, receipts and payments. All these transactions are
written up and the accounts are finalised as at the end of a twelve month period
which will be the concern's accounting year. The accounting year of a concern
need not necessarily synchronise with the calendar year. The period of the
accounting year can be reduced or increased with the permission of the appropriate
authority. On finalising the accounts, a statement of profit & loss account and balance
sheet will be drawn up.
(ii)Balance sheet and profit & loss account are different in character. Profit & loss
account shows the result of operations of the concern for a given period, whereas
balance sheet depicts the position of assets and liabilities of the concern as on a
particular day. The position of assets and liabilities of a concern is influenced by
its operations during a given period.
(ii) A careful scrutiny of profit and loss account will also reveal, whether all the usual
expenses are accounted for or not. Otherwise enquiries should be made with the
borrower. Adjustments at the year end play a vital role in determining the net profit.
Usual adjustments are as under :
1. Basis of valuation of inventory should be consistent and as per accepted mode. The
usual practice is to value the raw material at average cost, others at actual
prices and finished goods at cost or market value, whichever is lower.
2. Rate and mode of depreciation should be consistent and full amount should be
provided for.
3. Adequate provision for accrued liabilities and outstanding expenses should be made.
4. Provision for Bad and Doubtful Accounts should be adequate.
5. Efficiency of operations should also be assessed by study of various ratios.
Different groups of expenses like (i) Production expenses (ii) Selling and
distribution expenses (iii) Administrative expenses etc. should also be studied.
All limited companies are required to publish their financial statements only in the
prescribed formats laid down in the Companies Act, 1956.
The mode of classification of assets and liabilities for our analysis of the balance
sheet is different from the mode of classification as per the Companies Act, e.g.
term loan installments falling due within one year from the date of the balance
sheet, are to be shown as current liabilities even though the entire term loan is shown
as term liability in the printed balance sheet.
All the above factors would distort this head and hence the effect thereof, should be
highlighted while analysing the balance sheet to arrive at otherwise true picture.
Current Assets:
This term means the assets which enter the process of production/sales and the circle
of movement is complete by their ultimate recovery in cash. Classification of assets into
current assets should be strictly as per Bank's/RBI's guidelines and it is to be ensured
that the other assets are not included under this head, while assessing working capital
requirements or analysing the balance sheet. They include cash, bank balances,
inventories, receivables, amounts due from proprietor, partners, associate concerns or
others on current account (not in the nature of long term advances), advances to
suppliers of raw materials, stores, spares and consumables, advance payment of tax,
other trade advances, prepaid expenses and the like. Current assets do not include
doubtful debts, deferred receivables maturing after one year, investments other than in
Government Promissory Notes, deposits of a permanent nature with statutory bodies,
advances to suppliers of capital equipment or for acquisition of a capital asset and the
like. The composition of current assets requires to be closely examined from the angle
of their chargeability as security for Bank's advances, besides ensuring that there is a
healthy mix of different components of currents assets.
Miscellaneous / Non-Current Assets :
All tangible assets other than fixed and current assets are to be classified under this
head. In addition, it will include unequated investments of any kind.
Intangible and Fictitious Assets :
Intangible assets are those which carry some value to the concern (but are not
tangible) like goodwill, patents, copyrights, trade mark etc. Although in strict
commercial terms, these items are valuable, for analytical purposes, branches
should not attach any value to these items. Fictitious assets include deferred revenue
expenditure, share issue expenses, pre-operative expenses etc. which are to be written
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off in due course and the debit balance in Profit and Loss Account. Branches should
ignore the value of both intangible and fictitious items and they should be
subtracted from the net worth of the concern.
LIABILITIES:
Liabilities, which are the sources of funds, should be grouped under two categories
viz., long term liabilities and current liabilities.
Long Term Liabilities :
1. Long term liabilities will have two components viz. own funds or net worth and
external liabilities (long term debts).
2. Net worth (own funds) includes paid-up capital and reserves of all kinds after
providing for doubtful/bad debts in advances, fictitious and intangible assets. (In
case paid-up capital includes redeemable preference shares maturing within 10 years,
they should be treated as 'Term Liability'. Any part of these preference shares is
redeemable within the next 12 months, the amount thereof should be considered as
"Current Liability.")
3. Long term debt is a debt which is payable one year after the date of balance sheet
and it includes the following :
a) Debentures and public deposits, excluding the amount maturing for repayment within
next 12 months.
b) Redeemable preference shares maturing within 10 years and not within next 12
months.
c) All term borrowings, both secured and unsecured, from banks and financial institutions,
excluding installments falling due within the next 12 months. All deferred payment
liabilities, excluding installments/accepted bills maturing during the next 12 months.
Private borrowings payable after one year. Any other liability payable after one year.
Current Liabilities :
All liabilities, other than term liabilities, are to be classified as current liabilities and
branches should ensure that these liabilities are due for payment within the next 12
months, which includes following :
1. Sundry Creditors, including Bills Payable.
2. Short term borrowings, including outstanding bills discounted / purchased with banks
(both secured and unsecured).
4. Interest and other charges accrued and outstanding/not due for payment.
5. Advance payments received from customers.
6. Deposits from dealers etc.
7. Public deposits and/or debentures payable during the current year.
8. All installments due under term loans, deferred payment liabilities, redeemable
preference shares etc. within the next 12 months.
9. Statutory liabilities like PF dues, ESI dues, sales tax, excise duty etc.
10. Provisions for payment of dividend, bonus, liabilities for expenses, gratuity and any
other dues falling due within the next 12 months.
Contingent Liabilities:
If we see two consecutive years‘ balance sheet, we noticed that certain items of assets
and liabilities have been changed. The changes in assets and liabilities as compared to
previous year outstanding balance, represents the fund flow or financial position of the
firm/ company.
Take the figures of Net Profit before tax from the profit and loss account as base to
draw fund flow statement. But to have clear idea about the fund generated out of
trading activity/ manufacturing activity etc. there are certain debit items on profit and
loss account which are to be added back. These items are as under:
Profit or Loss on account of sale of Assets : These are not the transactions relating to
business operations. Any profit out of such transactions must have resulted in to
augmenting the figures of profit. Hence, the same amount to be deducted from the
gross fund generated. Conversely, any loss due to such transactions is to be added back
to profit.
Provision for taxation: Any provision for the current year should be added back to
profit. However, any provision for tax during the previous year should be assumed to
have been paid during the current year. Hence, no change is to be considered for fund
flow statement.
Dividend: Any provision for proposed dividend is to be added back to profit for fund
flow statement. But, Interim dividend paid during the year will be considered as
application of fund during the year by debiting the profit and loss account. Same way
any proposed dividend of previous year should be treated as paid during the year by
debiting provision for dividend. Hence, not to be added / deducted from profit figures.
Preliminary and pre-operative expenses: the amount written off during the year is to be
added back to the profit.
1. Take the figures of previous year outstanding balance of each items of assets and
liabilities.
Cash is a part of total fund of the firm/ company. However to know the increase /
decrease in liquid position (Cash and bank Balance) at the end of financial year cash flow
statement is prepared.
Commercial banks in India are following the cash flow method especially in the context
of assessment and monitoring of working capital credit facilities. The computation would
be as per the fund flow statements, by working out changes in assets and liabilities over
the previous year.
2. Cash flow means cash and bank balance, cash equivalents which includes short term
highly liquid investments that are readily convertible into cash.
3. Subscribed capital : The amount and number of the shares for which the
subscription is received by the company for the issue.
4. Paid up capital : The amount and number of shares allotted to the share holders by
the company against the subscribed capital.
5. Capital Reserve : The reserve which is not freely distributable to the share holder.
It is generally created out of capital operations such as share premium account.
6. General Reserve : This is also called revenue reserve which is created out of profit
and available for general purpose say for distribution to share holders.
7. Revaluation Reserve : Reserve created out of revaluation of the fixed assets. This
is not a inflow of the fund but mere book entry resulting into increase in size of the
balance sheet. It should be given a netting effect with the fixed assets for
reconstruction purpose.
8. Net worth : It is a sum of total, capital and reserve. This is called owners capital.
9. Tangible net worth : Net worth less any intangible assets and accumulated loss.
10. Current liabilities : The liabilities which are to be paid within short duration say
within 12 months from the date of the balance sheet are to be classified/called as
Current liabilities. This is also called temporary loans.
11. Contingent liabilities : The liabilities which are not crystalised as on the date of
balance sheet but may or may not arise is depending upon the happening of certain
circumstances. This is shown as foot note/auditor‘s report.
12. Net Block of Fixed Assets : The net value of the fixed assets after deducting the
amount of depreciation. This means Gross block of Fixed assets less block of
depreciation.
13. Current Assets : The assets which are changing their forms within short duration,
normally within 12 months, easily converted into cash are called current assets.
This is also called gross working capital.
14. Non Current Assets : The assets which are neither a current assets nor a fixed
assets or fictitious assets are called non-current assets. This is also called non
business assets. This may include, advances to directors, loans to associate
concerns, etc.
15. Net working capital : It is excess of current assets over the total current
liabilities. It is called borrower‘s own contribution in working capital. It is always
from the long term sources.
16. Net sales : Means sales minus sales return minus excise duty if any payable.
17. Gross profit : It is a difference of net sales and cost of sales.
Quick Bites:
Ratio is an efficiency index reflects performance excellence of an entity. This handout
deals with important financial ratio required for proposal / appraisal enabling the reader
to evaluating liquidity, solvency & efficiency of the borrower through various Ratios.
RATIO ANALYSIS:
Ratio Analysis means the process of computing, determining and presenting the
relationship of related items and groups of items of the financial statements.
Ratio analysis is a meaningful comparison between items of financial statements.
A ratio can be expressed as a percentage (Profit of 20%) or as pure number/times
(ex: sale is 3 times of net profit) or as a proportion (like 2:1).
Whenever we recast the profit & loss and balance sheet, the recast figures should be
taken into account for analysis.
Various ratios can be obtained from a balance sheet and Profit and Loss Account by
such comparisons. However, we as a banker focus on key ratios falling under three
main groups viz. Liquidity, Solvency and Efficiency through which we arrive at the
following characteristics : –
Liquidity position
Profitability
Solvency
Financial Stability
Quality of the management
Safety/Security of the loans to be provided/already been provided
This ratio reflects the current assets cover for the current liabilities quantitatively at
any point of time. It is the barometer of short term liquidity of the company. In other
words, the working capital resources position is reflected in current ratio and hence
higher the ratio, better the liquidity. Slip back or fall in current ratio would generally
indicate diversion of short term funds (either for acquisition of fixed assets or for
outside investment) or cash loss.
The reasons for a lower or higher current ratio to the benchmark need to be examined.
The sanctioning authority may take a view and satisfy himself / herself while accepting a
lower current ratio and the reasons may be suitably recorded. While taking a final view
on the current ratio and/or projected level of current ratio, the sanctioning authority
may examine various options to improve the ratio such as exploring possibility of
injection of additional funds and / or ploughing back of profits, stipulations for not
declaring dividend / non withdrawal of profits, reduction in the level of non-current
assets and liquidation of investments outside business, if any, within a reasonable time.
A ratio of 3:1 is considered satisfactory. However, higher ratio may be allowed keeping
in view the activity of the borrower, industry, sectoral classification such as SSI units,
other priority sector advances etc.
Apart from DER (TTL/TNW), bank assesses the Debt Equity Ratio as Total Outside
Liabilities (TOL) to Tangible Net Worth (TNW) also. Total Outside Liabilities (TOL) will
be calculated as total of all liabilities of a company/firm on liability side of balance
sheet MINUS the net worth. A ratio of 4.5:1 of DER (TOL/TNW) may be considered
satisfactory.
Lower figure would indicate that the concern is extending less credit and consequently
more resources are available for its operations. However, depending upon the industry
trend, the levels may vary.
This ratio indicates credit period available to the firm from its suppliers.
Large creditors may not be a healthy sign. When a concern is facing financial stringency,
there is a tendency to postpone payment to creditors. Such situations should be
distinguished from other usual situations. In such cases creditors outstanding will be
Baroda Academy Inventing Methods for Igniting Minds
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much beyond contracted period. Also liberal creditors may cost the concern either in
the form of inflated prices for purchases or by way of payment of interest.
This can be injurious in the interest of the concern. Branches should note that there can
be fraudulent transactions on the part of the firm through debtors and creditors
undermining the overall interests of the firm. In the name of retaining the customers
the firm may offer longer credit to known/interested parties or agree to pay higher
rate of interest or higher prices to creditors under the guise of enjoying larger credit
terms. These kind of fraudulent dealings can be observed only if market trends are
analysed and purchases and sales portfolios of the concern are critically examined.
However, depending upon the industry trend, the levels may vary.
The cost of production is arrived at by adding all direct costs, viz. raw materials
consumed, power and fuel, direct labour, consumable stores, repairs and maintenance to
machinery and other manufacturing expenses adding opening stock of stock in process
and deducting closing stock of stock in process. Cost of sales reflects the
ability/production efficiency and as such has an important bearing on the performance
of a concern. This ratio is calculated in number of days' consumption.
Inventory Turnover Ratio = Inventory x 365
(Number of days) Cost of Sales
Here inventory means closing stock of RM, SIP and FG. This shows the total inventory
held for number of days. The lower the ratio, the more efficient is the inventory
management.
This shows stock of raw materials on hand in number of days. Here also the endeavour
should be on a lower ratio unless of course, the raw materials are imported items or
canalised items, in which case larger raw materials holding may be permitted.
Finished Goods Turnover Ratio = Finished Goods on hand X 365
(Number of days) Cost of Sales during the year
This shows for how much period finished goods are on hand. Branches should study the
reason for holding the finished goods and especially beware of rejected goods,
defective goods and unsaleable goods being included in the value of finished goods.
All the above ratios give an indication about the material management by the concern.
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7 Debt Service Coverage Ratio (DSCR) (financial stability)
Ability of a concern to service its term liabilities can be assessed from this ratio, which
is applied while appraising all term loans proposals, studying rehabilitation/
reschedulement / restructuring proposals, etc. DSCR measures whether interest and
instalments can be paid out of internal generation of funds. A ratio of 1.75 would
indicate that the concern‘s internal generation of funds would be 1.75 times of its
commitments towards term loan obligations and interest thereon.
The average DSCR (i.e. the sum of numerator divided by the sum of denominator of
DSCR
formula as stated above for entire repayment period of the loan) of 1.75 is considered
reasonable. However, in any year it should not be less than 1.25. The sanctioning
authority may consider lower average DSCR depending upon the nature of project /
Industry after recording the reasons for the same.
In case of Real Estate, the existing method for arriving at DSCR is not relevant since
the repayment is made out of sale of assets which is proposed to be financed.
The Break-Even Point (BEP) is the point where Total Costs equal Sales. The BEP is the
point at which, cost or expenses and revenue are equal: there is no net loss or gain, and
the unit has "broken even". The ratio is extremely useful in analysis of Term Loan
proposals.
BEP is calculated in order to determine at what level of sales the unit will be able to
recover the costs and will be generating profit at the sales level above BEP. The BEP is
calculated as per below mentioned formulae:-
Break Even Point (No. of unit) = fixed cost / contribution per unit
Break Even Point (sales) ={fixed cost/ contribution (per unit)} * sales price (per unit)
Branches should calculate BEP in all credit proposals involving sanction of fresh term
loan of Rs. 20 Crore and above to part fund setting up of new units or expansion of
existing facilities. A lower BEP suggests that unit has adequate margin of safety.
Margin of safety is computed as 1minus BEP and indicates the proportion of sales which
is available as cushion for any increase in variable costs and is considered as
profitability zone of the unit. The sanctioning authority should assess the viability of
unit in terms of BEP and justification of accepted BEP should be recorded in the
proposal.
INTERNAL RATE OF RETURN AND NET PRESENT VALUE (APPLICABLE FOR TERM
LOAN OF RS. 20 CRORE & ABOVE)
NPV
Net present value (NPV) is the total present value (PV) of the project cash flows. It is a
standard method for using the time value of money to appraise long-term projects. NPV
measures the excess or shortfall of cash flows, in present value terms, once financing
charges are met. Borrower‘s weighted average cost of capital (after tax) can be used
to discount back the cash flows of the project to arrive at the Present Value.
Alternatively the discount rate could be the rate, which the capital needed for the
project could return, if invested in an alternative venture. When analyzing projects, it
will be appropriate to use the applicable interest rate as the discount factor.
IRR
The internal rate of return (IRR) is used to measure and compare the profitability of
investment in financing a large project. It is also called the discounted cash flow rate of
return (DCFROR) or simply the rate of return (ROR).
Debtor turnover Closing Debtors x 365 Credit policy of the unit/ firm.
Ratio (No of Days) Gross Credit Sales Average Period of the credit
extended to customers.
Creditor Closing Creditors x 365 Ability to get goods on credit.
Turn over Ratio Credit Purchases Ability to repay
(No.of days)
Operating Profit PBDIT –Other income X 100 Operating Profitability
Margin Net Sales Efficiency of Production and
Pricing.
Net profit Profit After tax X 100 Net Profit margin on business.
Margin Net Sales Overall efficiency of the unit.
Earning left for Dividend.
Return on Capital PBIT-OI X 100 Measures efficiency of capital
Employed CE +TL(<1yr)+ BB-FIOB employed in the business
Interest Coverage PBDIT X 100 It measures the ability to pay
Ratio Interest interest-due from the operating
cash flows of the firm.
Break Even analysis BEP in Qty.= BEP of the Unit. High BEP is risky
Fixed Cost Contribution of Profit to meet
Contribution p.u. Fixed cost of the Unit.
Sales Means net Sales.
Contribution means SP p.u.
minus VC p.u. In our bank, BEP to be calculated in
all proposal including TL of Rs. 20
BEP Sales = BEP in units X SP crores and above.
p.u.
Break even point is the that level of sales at which profit is zero.
In the short run COST can be bifurcated into Fixed Cost and Variable Cost.
Variable Cost changes in proportion to change in number of units produced whereas
fixed cost remains same irrespective of level of production.
According to this definition, at break even point sales are equal to fixed cost plus
variable cost. This concept is further explained by the following equation:
[Break even sales = fixed cost + variable cost]
The break even point can be calculated using either the equation method or Contribution
method. These two methods are equivalent.
Equation Method:
The equation method centers on the contribution approach to the income statement.
Sales = Cost + Profit
Sales = (Fixed Cost + Variable Cost) + Profit
According to the definition of break even point, break even point is the level of sales
where profits are zero. Therefore the break even point can be computed by finding that
point where sales just equal the total of the variable expenses plus fixed expenses and
profit is zero.
Example:
For example we can use the following data to calculate break even point.
Sales price per unit = Rs.250
variable cost per unit = Rs.150
Total fixed expenses = Rs.35,000
Calculation:
Sales = Fixed Cost + Variable Cost + Profit
Rs.250Q = Rs.35,000 + Rs.150Q + Rs.0
where Q stands for quantity.
Rs.100Q = Rs.35000
Q = Rs.35,000 /Rs.100
Q = 350 Units
Q = Number (Quantity) of units sold.
The break even point can be computed by finding that point where profit is zero
The break even point in sales rupees can be computed by multiplying the break even level
of unit sales by the selling price per unit.
350 Units × Rs.250 p.u. = Rs.87,500 /-
Contribution Margin Method:
The contribution method is actually just a short cut conversion of the equation method
already described. The approach centers on the idea discussed earlier that each unit
sold provides a certain amount of contribution margin that goes toward covering fixed
= Rs.35,000 / 1 – 0.6
= Rs.35,000 / 0.4
= Rs.87,500
The main advantages of break even point analysis are that it explains the relationship
between cost, production, volume and returns. It can be extended to show how changes
in fixed cost, variable cost, commodity prices, and revenues will affect profit levels and
break even points. Break even analysis is most useful when used with partial budgeting,
capital budgeting techniques. The major benefits to use break even analysis are that it
indicates the lowest amount of business activity necessary to prevent losses.
[
Quick Bites: Firms/companies that manipulate their expenses and revenues to manage
reported earnings often do it in subtle ways that are hard to detect. However, the
experts say that some careful "sleuth work" by the well informed finance savvy bankers
can often search it out. How can you detect whether a company is following WorldCom‘s
example and manipulating its expenses to manage corporate profits?
What is doctoring?
There are number of definitions of 'Doctoring" But all the definitions indicate that "An
expression, omission, misrepresentation or concealment of material fact made with the
knowledge of its falsity or in reckless disregard of its truth or falsity and with the
intent to deceive another and that is reasonably relied on by the other who is injured
thereby". Thus, incompetence, poor management does not constitute doctoring.
Doctoring of balance sheet involves steps which could appear to be within the four
corners of the law, but disaggregating them and understanding the implications
facilitate reading between the lines, and may reveal the real picture. Most of these
steps aim at inflating revenue and deflating expenses though in some cases, the other
way round may also be true.
So, wading into mud of accounting requires a deep plunge into the accounting-world to
know, at least the most common, sleight-of-hand tricks, that companies play on
unsuspecting investors / lenders, to enable sniffing out the fishy business; (- but,
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remember, there is nothing illegal simply because Indian Accounting norms are malleable
ones and, as for creative accountants, there is no dearth of that breed in India):
Inter-division transfers:
Several companies have more than one division / concern which carry out different
Operations. In the production / trade process, the output of one division/ concern may
be used or, at least usable, by other divisions / concern as input. In order to boost sales
and consequently profits for the year, a division / company may resort to "show" output
sales to its division /concern.
1) Aggregate the profits figures of all the group concerns and have an inter-year
comparison.
2) Read the Balance Sheet-notes stating "Related Party Disclosures"- (AS -18).
Generally, at the end of the year / period, the higher volumes of sales are "recorded"
without any real transactions / physical movement of the goods, but fulfilling on record
the basic conditions to qualify such transactions as sales. Such sales boost the sales-
level and consequently the profits for the relevant year / period. This step is mostly
used by consumer durable companies, which are usually hard pressed to meet the
targets. However, other companies too are observed to resort this step.
At the end of the year / period, the higher volumes of sales are "made", fulfilling on
record the basic conditions to qualify such transactions as sales, to certain disgustedly
associate concerns. Such sales boost the sales-level and consequently the profits for
the relevant year / period. At the start of the next year / period, such sales are
reversed as "Sales-returns". There is no ban if such sales entries are reversed in the
next year by mentioning that the order cancelled/ rejected.
Change in depreciation:
There are two methods for charging depreciation on assets - one is straight-line method
where a fixed amount is written off every year, and another is reducing balance method
(written down value) where a fixed percentage is written off on the reducing balance at
the beginning of each period. Depending upon the rates charged under the two methods,
a change from one method to the other would allow the quantum of the charged
depreciation to change, thus, impacting the Profit / Loss for that period.
Detection of such step is the easiest: just read the notes on Balance Sheet and the
auditors' report. There would be clear mention as to how change in depreciation has
impacted the shown profit / Loss.
Some times the company are not providing depreciation on plant and machinery under
the pretext that its plant and machinery are well maintained and promptly repaired
which do not erode the life/ increase the life of the P&M. This is under SLM method of
depreciation.
TELCO did it when it wrote-off Rs 1178 crore of deferred revenue expenses (the
development expenses of ‗Indica car‘); - by doing so, TELCO could show loss at around
half of the actual loss incurred. The simple test is to have inter-year comparison of
Tangible Net Worth taking into account the retained profits / losses and other
accretions to the "Reserves & Surplus".
The company takes a leap in debiting the Profit & Loss Account in one year eying to show
"turnaround profits" in the next year so that in that next year, the already envisaged
merger / Public issue of shares or bonds or massive borrowing plan can materialize
glamorously. It is a way to clean up the books during the bad times so that when the tide
turns, there is no impediment to good performance.
Another way is to make huge provision in a good year with the intention to "write back"
the provision in a foreseeable bad year / period to even out the impact of prevailing
realties. Also, huge losses are booked in the Profit & Loss account in a bad year publicly
known due to reasons beyond control of the company and / or on account of remain
immune from the public wrath.
The simple test is to reason out the suddenly ballooned expenses / losses / provisions.
Showing profits on sale of investments as part of operating profits is the step nowadays
mostly resorted to even by new generation private banks like HDFC and also by many
PSBs. The driver in this methodology is to befool the public / regulators by pumping-up
the revenues and thus, profits.
A simple test is to reason out the sudden increase in "other income" / income from
treasury operations reveals the real picture.
Some times the expenses relating to profit and loss account are considered as capital
expenditure thereby increasing the size of the balance sheet and increasing the profit
of the enterprise.
Steps to detect- verify the auditors note and ascertain the correctness
Revaluation of Brand/ Fixed Assets:
It is observed that many firms are adjusting their strength of balance sheet/ size of
the balance sheet by revaluation of brand/ Fixed assets. This revaluation is often
carried out to increase the assets value of a company.
Steps - to verify and compare each increase in assets and sources also.
Companies that manipulate their balance sheet are often seeking to increase their
earnings power in future periods (or the current period) or create the appearance of a
strong financial condition. After all, financially-sound companies can more easily obtain
lines of credit at low interest rates, as well as more easily issue debt financing or issue
bonds on better terms.
Overvaluing Assets
Investors can detect when the reserves for doubtful accounts are inadequate by
comparing accounts receivable to net income and revenue. When the balance sheet item
is growing at a faster pace than the income statement item, then investors may want to
look into whether or not the provision for doubtful accounts is adequate by further
investigating.
Inventory Manipulation
Inventory represents the value of goods that were manufactured but not yet sold. When
these goods are sold, the value is transferred over to the income statement as cost of
goods sold. As a result, overstating inventory value will lead to an understated of cost of
goods sold, and therefore an artificially higher net income, assuming actual inventory
and sales levels remain constant.
One example of manipulated inventory was Laribee Wire Manufacturing Co., which
recorded phantom inventory and carried other inventory at bloated values. This helped
the company borrow some $130 million from six banks by using the inventory as
collateral. Meanwhile, the company reported $3 million in net income for the period,
when it really lost $6.5 million.
Investors can detect overvalued inventory by looking for telling trends, such as
inventory increasing faster than sales, decreases in inventory turnover, inventory rising
faster than total assets and falling cost of sales as a percentage of sales. Any unusual
variations in these figures can be indicative of potential inventory accounting fraud.
Undervaluing Liabilities
Pension Obligations
Pension obligations are ripe for manipulation by public companies, since the liabilities
occur in the future and company-generated estimations need to be used to account for
them. Companies can make aggressive estimations in order to improve both short-term
earnings as well as to create the illusion of a stronger financial position.
Companies can make themselves appear in a stronger financial position by changing a few
assumptions to reduce the pension obligation. Because the pension benefit obligation is
the present value of future payments earned by employees, these accounts can be
effectively controlled via the discount rate. Increasing the discount rate can
significantly reduce the pension obligation depending on the size of the obligation.
Meanwhile, companies can also use pension accounting in order to manipulate short-term
earnings by artificially changing the net benefit cost, or the expected return on pension
plan assets, on the income statement. While the estimate should be roughly the same as
the discount rate, companies can make aggressive estimates that will then affect the
income statement. An increase in the expected return on plan assets will reduce the
pension expense in the income statement and boost net income.
Contingent Liabilities
Contingent liabilities are obligations that are dependent on future events to confirm the
existence of an obligation, the amount owed, the payee or the date payable. For example,
warranty obligations or anticipated litigation loss may be considered contingent
liabilities. Companies can creatively account for these liabilities by underestimating
their materiality.
Companies that fail to record a contingent liability that is likely to be incurred and
subject to reasonable estimation are understating their liabilities and overstating their
net income or shareholders' equity. Investors can avoid these problems by carefully
reading a company's footnotes, which contain information about these obligations.
Inculcate reading beyond the Profit & Loss Account and the Balance Sheet:
(1) Study (a) the "notes" to the Balance Sheet / Profit & Loss account; (b) directors' report;
(c) Chairman's report; (c) Auditors' report more immaculately than the care shown in
analyzing the figures appearing in Profit & Loss Account and Balance Sheet; they carry
more revealing information than what the Profit & Loss Account and / or the Balance
Sheet depict. Particularly, work out the following nine ratios: Current ratio, Debt Equity
ratio, Operating profit margin, Net profit margin, Retained profit ratio, Inventory turn
CASES:
1. Satyam Computers
On 7 January 2009, company Chairman Ramalinga Raju resigned after notifying board
members and the Securities and Exchange Board of India (SEBI) that Satyam's
accounts had been falsified.
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Raju confessed that Satyam's balance sheet of 30 September 2008 contained:
inflated figures for cash and bank balances of 5,040 crore (US$1.09 billion) as
against 5,361 crore (US$1.16 billion) crore reflected in the books.
an accrued interest of 376 crore (US$81.59 million) which was non-existent.
an understated liability of 1,230 crore (US$266.91 million) on account of funds was
arranged by himself.
an overstated debtors' position of 490 crore (US$106.33 million) (as against
2,651 crore (US$575.27 million) in the books).
Raju claimed in the same letter that neither he nor the managing director had benefited
financially from the inflated revenues. He claimed that none of the board members had
any knowledge of the situation in which the company was placed.
He stated that "What started as a marginal gap between actual operating profit and the
one reflected in the books of accounts continued to grow over the years. It has attained
unmanageable proportions as the size of company operations grew significantly
(annualised revenue run rate of 11,276 crore (US$2.45 billion) in the September
quarter of 2008 and official reserves of 8,392 crore (US$1.82 billion).
As the promoters held a small percentage of equity, the concern was that poor
performance would result in a takeover, thereby exposing the gap. The aborted ‗Maytas‘
acquisition deal was the last attempt to fill the fictitious assets with real ones. It was
like riding a tiger, not knowing how to get off without being eaten.‖
2. Enron
Enron Corporation (former NYSE ticker symbol ENE) was an American energy company
based in the Enron Complex in Downtown Houston, Texas. Before its bankruptcy in late
2001, Enron employed approximately 22,000 staff and was one of the world's leading
electricity, natural gas, communications and pulp and paper companies, with claimed
revenues of nearly $101 billion in 2000. Fortune named Enron "America's Most
Innovative Company" for six consecutive years.
At the end of 2001, it was revealed that its reported financial condition was sustained
substantially by institutionalized, systematic, and creatively planned accounting fraud,
known as the "Enron scandal". Enron has since become a popular symbol of willful
corporate fraud and corruption.
The scandal also brought into question the accounting practices and activities of many
corporations throughout the United States and was a factor in the creation of the
Sarbanes–Oxley Act of 2002. The scandal also affected the wider business world by
causing the dissolution of the Arthur Andersen accounting firm.
Enron filed for bankruptcy protection in the Southern District of New York in late 2001
and selected Weil, Gotshal & Manges as its bankruptcy counsel. It emerged from
bankruptcy in November 2004, pursuant to a court-approved plan of reorganization,
after one of the biggest and most complex bankruptcy cases in U.S. history. A new
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board of directors changed the name of Enron to Enron Creditors Recovery Corp., and
focused on reorganizing and liquidating certain operations and assets of the pre-
bankruptcy Enron.
On September 7, 2006, Enron sold Prisma Energy International Inc., its last remaining
business, to Ashmore Energy International Ltd. (now AEI).
WorldCom
WorldCom has engaged in what could be one of the biggest financial frauds in history
and will restate earnings for the past five quarters.
It said it overstated cash flow by $3.9 billion for 2001 and the first quarter of 2002 by
booking ordinary expenses as capital expenditures — which dressed up the books.
Otherwise, WorldCom says, it would have posted a loss last year instead of net income
of $1.4 billion, and a loss for the first quarter of 2002 instead of net income of $130
million. Telecom analyst Tom Lauria estimates WorldCom's loss for 2001 could top $1.5
billion.
The Securities and Exchange Commission, already reviewing WorldCom's accounting, has
launched a high-level probe. Executives found guilty could face civil and criminal
penalties, say people familiar with the situation. "Our senior management team is
shocked by these discoveries," said CEO John Sidgmore in a statement. He replaced
ousted CEO Bernard Ebbers in April.
Quick bites:
This chapter deals with types of credit facilities which are sanctioned to
borrowers/customers i.e. Overdraft, Cash Credit, Demand Loan, Term Loan, Packing
Credit, Bills Purchase/Discounted, Guarantee, L/C etc.
Various types of credit facilities that are generally available to the borrowers may be
now categorized in two segments-
Traditional credit facilities extended by bank can be classified into two categories viz.
fund based and non-fund based. When bank places certain funds at the disposal of
borrowers and borrowers avail these funds, such types of credit facilities are known as
fund based. However, there are certain types of advances which do not involve
deployment of funds at least at the initial stage though in contingencies funds are also
involved. These are called non-fund based advances.
Loan: The loan is disbursed by way of single debit/stage-wise debits (wherever sanction
so accorded) to the account. The amount may be allowed to be repaid in lump sum or in
suitable installments, as per terms of sanction. Loan is categorized Demand Loan if the
repayment period of the loan is less than three years, in case the repayment of the loan
is three years and above the loan be considered as Term Loan.
OVERDRAFT
i. All rules applicable to current account are applicable to overdraft accounts mutatis
mutandis.
ii. Overdraft is a running account and hence debits and credits are freely allowed.
iii. Interest is applied on daily product basis and debited to the account on monthly
basis. In case of temporary overdraft, interest should be applied as and when temporary
overdraft is adjusted or at the end of the month, whichever is earlier.
iv. Overdrafts are generally granted against the security of government securities,
shares & debentures, National Savings Certificates, LIC policies and bank's own deposits
etc. and also on unsecured basis.
Types of cash-credit limits : Depending upon the type of security against which cash-
credit limit is sanctioned, following types of cash-credit limits are sanctioned :-
In terms of the bank‘s guidelines, all the authorities are now required to sanction a
combo-limit of Cash Credit (Hypothecation of stock-cum-book debt) even if the
borrower requests for only Cash Credit (Hypothecation of stock) facility or only Cash
Credit (Hypothecation of Book-debts) facility. An authority in JMGS-I to MMGS-III
can sanction a combo-limit even if there is sufficient tangible collaterals (i.e. tangible
collateral security at least 75%).
Sanction of limit: Bank sanctions the cash-credit limit after taking into account several
features as detailed in the foregoing chapters. The drawings are restricted up to the
sanctioned limits.
Calculation of drawing power: Based on the value of security charged to the bank, the
stipulated margin is reduced and the advance value is calculated subject to overall limits.
Branches should not allow drawings in cash-credit accounts beyond the drawing power.
However, interest and other charges may be debited exceeding drawing power. Drawing
power is calculated on monthly basis.
Actual drawings in cash credit accounts will be allowed lower of sanction limit or drawing
powers.
Bill Finance: Pre-sales activities from procuring raw material to manufacturing of
finished goods are financed by extending cash credit facility whereas the post sales
requirement are financed either by way of granting facilities against bills or against the
book debts. Bankers prefer to grant bill finance which provides an excellent medium for
settlement of a trade transaction.
EXPORT FINANCE
It is Endeavour of the government of India to give all possible encouragement for
promoting exports from the country. Apart from other benefits offered by the
Government of India, banks grant export credit on very liberal terms to meet all the
Commercial
( Short-term Highly rated depending Unsecured 7 days to
Paper
B borrowing corporate on rating one year
) Denomination of having minimum
CP Note - Rs.5 net worth of
Lakhs or Rs. 4.00 crores
multiples thereof & Credit rating
of P2 or
equivalent of
credit rating
agencies
approved by
RBI, Primary
Dealers,
Satellite
Dealers & FIs
Factoring
( Outright sales of Corporate Nominal Receivables Continuous
C the receivables having large service process
) of a firm to numbers of charges
another agency debtors compensat
specializing in ed by
the management saving in
of trade credit managing
called the factor receivable
s
in-house
Securitisation
( Discounting Continuity of depending Quality of Continuous
of
E Future certain or near specific on rating receivables process
Receivables
) certain cash business and
flows borrowers‘
ability to
perform
Channel
( Purchase bill Distributors depending Bill of Continuous
Financing
J discounting who purchases on rating Exchange, Post process
) wherein Bills of goods from dated cheque
exchange reputed (PDC), Invoice
(BoE) drawn by a corporate & Transport
Corporate on its proof
distributors is
discounted by
the Bank &
proceeds are
directly paid to
the seller
(Corporate).
Cash
( Cheque collections deposited in banks are credited on the date of deposit or
Management
K prior to the date of clearing as per the arrangement with the bank. This is
Products
) done at a nominal fee for the service provided but it improves the cash flows
considerably when collections against sales are spread over remote locations.
External
( For investment in Corporate As per Choice of More than 3
Commercial
L real/ industrial registered RBI security to be years
Borrowings/Tr
) sector and under the guidelines provided to
ade Credit infrastructure Companies Act –Linked the lender/
(Buyers except with supplier is left
Credit/Sellers financial LIBOR to the
Credit intermediaries borrower
(such as banks,
financial
institutions
(FIs), housing
finance
companies and
NBFCs)
FCNR-B
( Loans Loans against Generally to LIBOR + Fixed/Current
M FCNR Deposits Corporate who Assets
) (Foreign have natural
Currency) hedge due to
exports
The above-mentioned products are mainly to meet the shortfall in working capital and
working capital requirements of the business and are offered by Nationalised Banks,
Private Banks and Foreign Banks (depending upon the credit rating of the borrower).
International Financing
There are various avenues available to raise funds from the international market. Euro
Issues, Global Depository Receipts (GDR), American Depository Receipts (ADR) and
Foreign Currency Convertible Bonds (FCCB) are more popular in India.
Euro Issues
Euro Issues are listed on a European Stock Exchange. Finance can be raised by Global
Depository Receipts (GDRs), Foreign Currency Convertible Bonds (FCCBs) and pure debt
bonds.
Bank Guarantee:
Bank guarantee is ‗a guarantee given by a bank to a third person, to pay him a certain
sum on behalf of the bank‘s customer, on the customer failing to fulfill any contractual
or legal obligations towards the third person.‘
Types of Guarantees:
Baroda Academy Inventing Methods for Igniting Minds
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Though as per law Bank guarantees have not been classified, by the nature of the
underlying contract entered into by the customer, in practice such classification has
been made. There are various types of guarantees the important ones which a banker
would be regularly required to issue are as follows: -
1. Financial Guarantee
2. Performance Guarantee
3. Deferred Payment Guarantee
Guidelines
The following should be complied with:
Except in case of Deferred Payment Guarantee, normally Bank guarantee with
maturity of more than –5- years should not be issued and any guarantee beyond –5-
years can be issued with prior approval of next Higher Authority.
Guarantees executed on behalf of any individual constituent or a group of
constituents should be subject to prescribed exposure norms.
Section 20 of The Banking Regulation Act, 1949, prohibits banks from granting loans
or advances to any of their directors or any firm or company in which any of their
directors is a partner or guarantor.
Permitted Deviations
Bank guarantee/s with maturity of more than –5- years can be issued subject to
Discretionary Lending Powers of the sanctioning authority, for the purpose which is
incidental to the business of the constituent, when the cash margin is 100% or
guarantee/s issued are against indemnity / counter guarantee of another bank, if the
exposure on the other bank is within ASL (Aggregate Settlement Limit).
Other Precautions
While issuing guarantees on behalf of customers, the following safeguards should be
observed:
i. The purpose of Bank Guarantee should be incidental to the business of the
constituent.
ii. Issuing bank guarantees on behalf of constituents who do not enjoy regular credit
facilities with us for their main business activities should not be normally considered.
In an exceptional cases when such guarantee facility is to be considered for
constituents who do not enjoy regular credit facilities with us a proper justification is
to be recorded.
iii. No guarantee to be issued on behalf of constituents enjoying main credit facility with
other banks without the prior consent of the latter.
iv. While extending guarantee against export advances it is to be ensured that no violation
of FEMA Regulations takes place and bank is not exposed to various risks. Guarantees
to be issued in favour of overseas buyers should be only on account of bonafides
export from India, observing laid down norms of the customer and his capacity.
v. Guarantees should not be issued in respect of caution-listed exporters without prior
approval of Reserve Bank of India.
vi. Guarantees with ‗Assignment‘ clause are not to be issued at all.
Letter of Credit
A letter of credit (LC) is a written but a conditional undertaking given by the issuing
bank on behalf of its customer, to the beneficiary that it will pay him the amount stated
in the credit provided documents specified in the letter of credit are drawn and
presented in strict conformity with the terms and conditions of the credit.
GUIDELINES
Import (foreign) Letter of credit
The Opening of Import L/C involves compliance of —
i. Trade control requirement
ii. Exchange control requirement
iii. Credit norms prescribed by RBI
iv. FEDAI and UCP ICC 600 guidelines
v. Banks internal procedures
Trade control lays down the policy and regulations relating to physical movement of
goods into India, therefore a person who wishes to open an import letter of credit must
have the basic authorization for import of goods.
OTHER GUIDELINES
Opening of Revolving Letter of Credit against import of goods into India can be allowed
in exceptional cases with adequate safeguards/conditions particularly with reference to
aggregate drawings under such Letter of Credits and shipment dates etc.
Opening of Deferred Payment Letter of Credit, where remittances against imports are
to be completed beyond 3 years and above from date of shipment require prior approval
from Reserve Bank of India.
Issuing guarantees for import remittances requires Reserve Bank‘s specific approval.
Standby credits for a period ‗less than 3 years‘ can be approved by the Authorized
Dealer.
ii. In case the L/C applicant is not able to provide required cash margin at the time of
opening of the L/C, a condition of stepping up of margin gradually may be stipulated.
iii. Care should be taken to ensure that no finance is allowed against the stocks received
under a usance LC, which is yet outstanding / under AB. Such goods should however, be
charged / hypothecated to the bank and shown in the periodical stock, statements being
submitted by the borrowers. However, the value of stocks under LC should be
separately shown by way of footnote, and these stocks should be excluded for the
purpose of calculating advance value/drawing power.
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iv. For the purpose of lending powers DA LC is treated as clean fund based facility.
Other precautions:
Interchangeability between guarantees and LCs While interchangeability between
guarantee facility and LC facility is permissible for similar purposes, automatic
interchangeability between all types of guarantee facilities and LC facilities should not
be allowed.
Precautions for tie-up of funds required for LC for import / purchase of capital goods
LC facility for purchase of capital goods should be normally on case-to-case basis to
cover specific capex programme and not as a regular facility.
LC limit sanctioned for acquiring current assets should not be allowed for acquiring
capital assets.
Quick Bites:
This handout deals with the rationale behind need of assessing working capital for smooth
conduct of economic activities in a business/ manufacturing unit. This chapter deals in depth
various components of current assets, methods used to assess the working capital
requirement of a unit along with promoting bill culture in the system.
Any business enterprise whether engaged in manufacturing or purely trading activity, has to
have sufficient capital to finance both, its fixed assets, viz. land, building, machineries, etc.
and current assets for smooth conduct of day to day business activities/ production schedule.
The amount of current assets required for a smooth conduct of business is dependent on the
nature of the activity, availability of the raw materials, level of production, storage capacity
and funds available. So the funds/capital actually required to maintain this required level of
current assets, is called the gross working capital.
Out of the level of gross working capital, required as above, the borrower raises the
necessary funds from many sources, viz.: Share Capital, Retained Profits, Bank Borrowings,
Trade Creditors, Advance from Purchasers
Out of the above, credit available in the form of trade creditors and advance from
purchasers etc., are sources of finance which are short term in nature and are available as per
trade practices and market conditions. The remaining resources are, therefore, to be raised
from own capital or through bank borrowing. Such short-term credits available to the firm are
called current liabilities and the difference of gross working capital and the current liabilities
is called the 'Net Working Capital'.
Net Working Capital:
Diagrammatically the above can be shown as per exhibit.
LIABILITIES ASSETS
CAPITAL FIXED ASSETS
+ RESERVES
+ INVESTMENT
= Net Worth
+ NON CURRENT
+ LONG TERM BORROWINGS ASSET
Stock in process (No. of days): Average stock in process x 365/ Yearly cost of production.
No. of days of Export Receivables: Average export receivables outstanding x365/ Annual
export sales
No. of days of domestic Receivables: Average domestic receivables outstanding X 365
/Annual domestic sales
Every unit requires some liquid cash and balance in current account with bank to meet
urgent day to day requirements. Such requirements should be minimum. Estimation of the
level of cash and bank balances is dependent upon the policy of purchases, sales, past
holding, etc. As such past trends and trends in similar units would be the bench mark for
determining such levels.
(g) Other Current Assets:
Usually the following items are included in the "Other Current Assets:
Advance payment to suppliers of raw material, etc.
Advance payment of taxes, excise duties. Cash etc.
The level of these items can be generally gauged from past figures and requirements of
the unit.
(2) Estimation of Level of Current Liabilities:
Once the gross working capital or current assets are computed as above, it is essential
to find out the amount of credit available to the borrowers in purchase of raw materials,
Baroda Academy Inventing Methods for Igniting Minds
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advance payment received from buyers, deposits from dealers, provisions for statutory
liabilities, etc.
If usance letter of credit facility is proposed, the period of credit available due to
availment of such letter of credit facilities should be reflected in the level of sundry
creditors.
Projected level of sundry creditors should be reasonable with reference to the quantum
of purchases, market practice and past trends.
(3) Computation of Net Working Capital :
Net working capital is defined as gross working capital minus total current liability.
Total Current Liability is Short Term Bank Borrowing + Other Current Liabilities.
If short term bank borrowings is NIL, then the gross working capital is financed entirely
by other current liability. Normally it is not the case.
So the difference between gross working capital and other current liabilities (excluding
bank borrowings) is called the working capital gap. The question is how much of this gap
is to be financed by the bank and how is the borrower required to make up the remaining
amount.
(4) VARIOUS METHODS OF LENDING :
Various committees have been set up by RBI to suggest the methods of lending.
Following are some of the methods of lending introduced in banks from time to time:
Tandon / Chore committee recommendations
First method of Lending
Second Method of Lending
Nayak Committee Recommendations for SSIs
Vaz Committee Recommendations for Non-SSIs
OUR BANK‘S PERMISSIBLE BANK FINANCE SYSTEM
In the example, it is observed that under the first method of lending the borrower is entitled
for an MPBF of 165 only, whereas he has availed bank borrowing of 200, thus resulting in an
excess borrowing of 35.
Under the second method the MPBF works out to 128 only and the excess borrowings
increases to 72. The borrower is thus, required to bring in additional long term funds of Rs.
35/- and 72/- under first and second method of lending respectively.
The bank had earlier circulated the suggested norms for levels of inventory/receivables
under MPBF system for different industries. However, these norms are no more mandatory as
explained later. Under PBF system the above norms are no more applicable. Now the bank is
circulating industry reports published by Risk Management Department, Baroda Corporate
Centre, which contain inter-alia inventory/ receivable norms for various industries The
branches are advised to assess the working capital requirement taking into account these
norms as guiding factors.
However, there may be instances, when the borrowers may request for allowing them to
exceed the norms in circumstances beyond their control like:
a. Bunched supply of materials both indigenous and imported.
b. Power cuts, strikes and other interruptions in operations.
c. Transport delays and bottlenecks.
d. Accumulation of stocks due to non-availability of shipping space.
e. Build-up of stocks of finished goods (machinery), due to delay in taking delivery by the
purchaser for whom they were specifically manufactured.
(It is normal practice to obtain substantial advance/ progress payment in respect of
such tailor-made orders to preclude, inter-alia, the possibility of failure on the part of
the purchaser to take delivery).
To cover material required for executing large export orders during short duration (i.e. not
anticipated in the annual projections assessed by the bank). Such requests for exceeding the
norms maximum upto 20% of the standard norms/past trends may be acceded to in all genuine
cases, provided, the bank is satisfied that:
a. The requested deviation is justified;
b. The borrower is not habitually exceeding the standard/past trends levels, when they
are not warranted;
c. The borrower will make every effort to bring down the levels within a reasonable
period.
d. Where the financing of the unit is also subject to additional controls like Selective
Credit Controls directives, or control by other authorities, viz. Textile Commissioner,
Jute Commissioner, etc., the inventory/receivable levels reckoned for calculating MPBF
should be the lowest among all the levels (including prescribed/past levels) permitted.
BACKGROUND:
Reserve Bank of India has directed that Working capital credit may be determined by banks
according to their perception of the borrower and the credit needs. Banks should lay down,
through their boards, transparent policy and guidelines for credit dispensation in respect of
each broad category of economic activity.
In the above said context, our Bank has decided to replace the system of assessment of
working capital finance, based on MPBF-computations, i.e. the Tandon Committee
recommendations by a new system of assessment of working capital finance called Permissible
Bank Finance (PBF) System.
As a consequence of the withdrawal of the existing system of working capital finance based
on "MPBF-system", a large leeway is available to the bank to adopt a new method/system. The
PBF system has retained, with appropriate modifications, the strengths, and removed the
Baroda Academy Inventing Methods for Igniting Minds
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weaknesses, of existing MPBF-system simultaneously doing away with its rigidities as regards
computation of working capital bank finance, and supervision & monitoring of the credit
dispensed by the banks thus, the new system ensures faster credit delivery with INHERENT
need & merit based flexibilities.
By projecting future cash receipts & disbursements, the cash budget enables the corporate
to determine its cash needs. We, therefore, shift emphasis from the "Security Obsessed
Lending to the "CASH REQUIREMENT LENDING" which is envisaged to be a need based
lending. Cash flow financing, thus, conceives self-liquidating finance during various time-zones
unlike the present MPBF system.
This information is readily available in the financial newspapers & periodicals, for example,
―CMIE‖ and ―Capitalole‖ industry - analysis software. In case of need, the branch manager
/other authorities may take assistance /guidance from higher authorities. Cash requirement
financing imposes its own discipline, such as, sound resource planning, receivables management,
purchase planning and management of inventory. Working Capital finance on the basis of
future cash flows facilitates a more holistic view of the company‘s earning capacity rather
than on the basis of its capacity to maintain a particular asset holding level.
If there is Cash Deficits under all the three Heads, viz., from trading operations, from non-
trading operations and from Balance Sheet items; then, the Working Capital finance shall be
eligible only upto the extent of Cash Deficit from Trading Operations. However, at the same
time, the borrower shall be required to explain as to how the deficits in other two Heads shall
be taken care off.
APPLICABILITY:
The PBF system shall be applicable for all borrowers engaged in legally permitted economic /
financial activities. Following categories of borrowers shall not be covered under PBF system
excepting the following:-
regulated through periodical statements of stock, book debts etc., subject to observance of
the assumed / relevant parameters under the PBF-method. This periodicity may be fixed by
the sanctioning authority as quarterly, monthly or of lesser periodicity. The operative limit
for next quarter (s) shall be fixed from the relevant quarter‘s projected Cash Budget.
Further, In respect of allowing drawings against Book-Debts, the terms of sanction and the
bank‘s extant guidelines in this regard shall be the guiding factors to include or exclude book-
debts exceeding 90 days.
RISK FORCASTING:
Detailed risks-analysis carried out with the intra-firm comparison, and also inter-firm comparison
if necessary, of the borrower‘s financial & operational statements and projections;
Risk-perceptions based on the interface with the borrowers, the market reports, industry /
activity profile, managerial components, government policies and cross-country risks as applicable.
In this regard, a Risk-score sheet may be drafted according to the case specific merits till some
standardized format (s) are circulated by our bank.
CURRENT RATIO
A query may arise that if Current ratio is to be 1.17, then, how minimum margin can be @ 10%
proposed in the new system. In this regard, it is stated that the Current Ratio is calculated with
reference to Current Assets and Current Liabilities.
Under the Turnover Method, the borrower‘s own margin / contribution towards Working Capital is
fixed @ 5% or 10% on the acceptable projected turnover, as the case may be. Therefore, both
are different.
Further, in addition to the borrower‘s own contribution / margin and the bank borrowings, there
may be Sundry Creditors for purchases, liabilities for expenses, liabilities for payment of term
loan instalments maturing within the year etc. All these affect the Current Ratio.
Another query may be whether the existing benchmark current ratio of 1.33 for borrowers,
enjoying Working Capital limits of & more than Rs 50 lac is reduced from 1.33:1 to 1.17:1 for the
borrowers, covered under the segments number Rs.1‘ & Rs.2‘, i.e., the borrowers enjoying Working
Capital limits of Rs 2.00 lac and upto Rs 500.00 lac, then, the answer is ―Yes‖; but this dilution has
to be on case-specific merits and without diversion of funds. In other words, the dilution is
permitted to help needy borrowers on genuine merits.
Quick Bites:
Non-fund based limits do not included immediate cash outflow and it is a very good
source of income for Bank. The limits include Bank Guarantees – Financial, Performance
and Deferred Payment Guarantees, Letter of Credit – Import/Inland, DP/DA and Co-
acceptance.
The material provided discusses/explains, methods of assessment of limits, charging of
commission etc.
The major non-fund based facilities that are considered as a part of the regular credit
facilities are:
1. Bank Guarantee.
2. Letters of Credit.
3. Co-acceptance.
While sanctioning regular limits, a detailed appraisal is required to be done to take care
of the need-based requirements of the borrower for one year. However, in the case of
ad-hoc facilities, the appraisal is done on a case-to-case basis and looking to the
immediate requirement of the borrower. As the above facilities are distinct and
separate, the appraisal is also to be made separately.
BANK GUARANTEE
A "Contract of Guarantee" under the Indian Contract Act is a contract to perform the
promise or discharge the liability of a third person in case of his default.
The different types of Bank guarantees which a borrower may require, can be broadly
classified into 3 categories:
i. Financial Guarantee: Guarantees issued in respect of constituents liability, such as
guarantees favouring tax/ customs/excise/court authorities in respect of disputed
claims, payment of taxes, customs and excise etc. will come under the classification of
financial guarantees. While issuing such guarantees the branches should be satisfied
about the financial strength/liquidity of the party.
The assessment of regular Bank Guarantee Limits would depend upon the nature of
activity of the borrower, the nature, purpose and type of guarantees required in such an
activity and the duration of such guarantee.
i) The first step is to note down in detail the types of guarantees required in the line of
activity and classify them into financial and Performance guarantees.
ii) Secondly identify and segregate those guarantees which are likely to be required on a
fixed basis and will be outstanding as long as the unit is in operation or the bank finance
is outstanding e.g. guarantee in favour of State Electricity Boards in lieu of security
deposit/for regular payment of Electricity Bills etc.
iii) Guarantee in favour of suppliers of raw material or stock in trade for ensuring regular
supply of goods on credit. Such guarantees are essential for the normal operation of the
unit and hence the value of such guarantees can be assessed. e.g. in case of Electricity
dues it is related to the connected load & the optimum power utilisation by the firm.
iv) Next, the assessments of other types of guarantees that may be required are to be
made. It depends upon the volume of activity proposed & the duration of such
guarantees. e.g. earnest money guarantee will depend upon the No. & value of tenders to
be applied by the company and the percentage of success in getting the tender awarded
and the duration of each such guarantee. In case of guarantees issued favouring Apparel
Export Promotion council for release of Garment export quota, the guarantee amount is
related to the value of quota applied and allotted, which in turn will depend upon the
level of exports proposed in the ensuing year and other factors.
v) Further, the borrower may require guarantees to be issued favouring Excise, Income-
Tax authorities against disputed liabilities. Requirement of such guarantees can be
easily ascertained based on the level of such disputed liabilities and the demand made by
the concerned departments.
vi) The borrower may also require guarantees for import of capital goods on concessional
import duty under various schemes of Government, whose requirement can be
determined on a case to case basis.
vii) Wherever the borrower is accepting advance payment from purchasers & is required to
furnish bank guarantees in lieu thereof, the amount of such guarantees will be
proportional to the amount of such advance payments that will be outstanding which in
turn will be dependent on the level of sales.
The Bank Guarantee limits once sanctioned should be reviewed every year along with all
other fund based and non-fund based limits. At that time, the level of utilisation of the
limits in the past year and the current year would be a guiding factor for the limits to
be renewed.
When bank guarantee is issued for procurement of raw material on credit, care should
be taken to ensure that no finance is allowed against such stocks. It should be
understood that the sanctioning of a Bank Guarantee limit does not automatically mean
that the borrower has the right to get any type of Bank Guarantees issued. Every
guarantee to be issued within the limit should be need based, justifiable from the
business point of view and within the purview of guidelines of RBI and the bank issued
from time to time. At the cost of repetition following points are to be kept in mind while
sanctioning Bank Guarantee limits:
1. As per RBI guidelines, no guarantee should be given covering a loan raised by a client
from third parties including from a bank or financial institution, guaranteeing the
repayment of the loan.
2. As per the RBI guidelines, banks are precluded from issuing guarantees favouring the
financial institutions or other banks or lending agencies for the latter's loan/s as these
institutions should do their own assessment of the credit risk and take the risk
themselves (if justified) and not seek a bank guarantee: the only exception to this is
where a bank cannot take its additional share in a consortium account, due to liquidity
strain, and temporarily transfers the share to another bank in the consortium, along
with issuing a guarantee in its favour. The above instructions will also apply equally to
Technical Development Fund Scheme (TDF) loans given by IDBI and HUDCO loans to
State Housing Boards etc., except in very exceptional circumstances as may be stated
by IECD of RBI. It is reiterated that the bank should take extreme care while issuing
guarantees and desist from issuing them rather freely, purely motivated by the earning
of commission.
3. Guarantees favouring Government Departments/ courts in regard to disputed amounts
like Excise/customs duty etc. enable the customer to defer the payment of particular
sum of money pending the clarification /judgement. These types of guarantees are in
the nature of money guarantees and hence should be fully secured as under :-
4. Guarantees in respect of disputed duty/taxes should be secured by 100% cash margin,
particularly in all cases where the party has preferred an appeal against the judgement
of a court or tribunal.
5. If a customer is not immediately able to pay the full cash margin and if the liability
under the guarantee accrues over a period of time, then cash margin may be provided in
stages matching with the accruing liability with the permission of sanctioning
authorities.
6. In respect of the disputed amounts in litigation like in family disputes, compensation
money etc. the guarantee should be backed by 100% cash margin without exception.
7. Where a guarantee is invoked, no attempt to delay the payment or facilitate party to
bring injunction restraining the payment be made. However, the branches should satisfy
CO-ACCEPTANCE FACILITIES
When a borrower intends purchasing of goods and machineries on deferred credit basis,
the seller usually requires the buyer to provide a Deferred Payment Guarantee from his
bankers or get the usance Bills of Exchange, drawn by the seller for the deferred sale,
co-accepted by the buyer's bank. This will give the seller an assurance of payment by
the buyer on the due date and in case of such a default, the co-accepting bank would
make the payment.
Proposals for co-acceptance should be examined thoroughly and the need thereof should
be well established. Such facilities should be only to those who enjoy other credit
facilities with the Bank. Since this facility enables the party to avail/enjoy credit
facility from the suppliers, the same should be considered as a part of working capital
and hence the fund based working capital facilities should be correspondingly reduced.
It is to be ensured that adequate arrangement is made by the parties out of their own
resources or through existing borrowing arrangements to honour the bills on due dates.
For this purpose, the party's cash generation should be examined. Valuation of goods
covered under the bills should be verified to ensure that there is no hidden
accommodation or this credit of the suppliers of goods is not exorbitantly high. No
house bill, i.e., bills drawn by sister/associated concerns be co-accepted without specific
sanction of higher authorities. Bills should be co-accepted within the sanctioned limit
only. No officer without proper Power of Attorney should co-accept bills. Proper records
of all bills co-accepted should be maintained and due liability entries should be passed in
the books of the branch. Due date of the bills co-accepted should be diarised and action
in advance should be initiated to ensure that the bill is honoured on due date by the
party. Periodical returns as laid down relating to the bills co- accepted should be
submitted to the controlling authority. Co-acceptance facility is treated as a fund based
facility for the purpose of exercising Discretionary Lending Powers.
This facility covers acquisition of capital equipment on long-term credit with provision
for payment of installments in a deferred manner. Such proposals should be processed in
the same manner as the proposals relating to Term Loan. Particularly care should be
exercised for evaluating the additional benefits/viability of the project and the cash
flow during the deferred period of credit to ensure that the customer will be able to
make periodical payment of the bill on due date. In addition to taking the machinery
purchased under D.P. financial guarantee, extension/charge on other fixed assets should
also be taken as security for the facility, wherever applicable.
No co-acceptance of bills with short usance period (say 90/180 days) covering supply of
capital goods/machineries/ equipment should be considered, particularly for a new
project, as our experience shows that the parties are seldom able to generate adequate
funds within such short duration for retiring the bills on due dates.
Before discounting/purchasing bills co-accepted by other banks for the value exceeding
Rs. 2/-lacs for a single party, branches should obtain written confirmation of the
Regional/Zonal authority of the co-accepting bank. Similarly, when the total amount of
such bills discounted/purchased exceeds Rs. 20/- lacs for a single borrower, prior
LETTER OF CREDIT
Ideally any seller of goods/services would like to receive payment before the delivery of
goods/services to a buyer. Similarly the buyer would also like to ensure that the
goods/services bought are as per his specifications and deliveries are effected in time,
before parting with the money. If the buyer and seller are at two different, far away
stations, both the factors can not be satisfied simultaneously.
(a) Inland L/C : An L/C where all the parties to an L/C are located within the country.
(b) Foreign L/C : An L/C where either the opener or the beneficiary is located outside
the country of issue and arising out of export or import of goods/services out
of/into the country of issue.
(c) Revocable : A credit that can be cancelled or amended at any time without the prior
knowledge of the beneficiary.
(d) Irrevocable : It is a definite undertaking of the issuing bank to honour documents
strictly drawn as per terms and conditions of credit which cannot be amended or
For assessing the Letter of Credit limit requirements of a borrower followings points
are to be considered:
(i) The necessity for opening L/C:
The necessity may arise due to the fact that a particular raw material or a fixed asset
or consumable stores are to be imported and the overseas seller is willing to sell only
against L/C.
In case of inland sales also the seller may be willing to sell the goods against L/C only.
The same may be verified by the original terms of sale offered by the seller.
The quantity of goods to be purchased under L/C: Once the necessity is established the
requirement of L/C limit would depend on the quantity of goods required for productions
annually that are to be purchased against L/C.
1. Terms of L/C Whether DP or DA.
2. Periodicity of supply by the seller.
3. Lead Time: The time taken to receive goods after opening an L/C.
4. Minimum level of stocks to be kept at all times.
5. Storage facility.
6. Quota allotment.
7. Minimum size of each consignment.
8. Freight cost.
9. Insurance charges.
In the above case the monthly consumption of indigenous raw material is Rs. 12/12 - Rs.
1/- lac and the monthly consumption of imported raw material is Rs. 12/12 = 1/- lac. The
amount of the limit for indigenous raw material will be computed as under :
So out of the total raw material import of Rs. 10,100/- lacs Rs. 4,500/- lacs worth of
raw material is duty free. Therefore, Rs/ 10,100/- - 4,500/- = Rs. 5,600/- lacs worth of
raw material attracts 100% customs duty. In that case the CIF value of such goods
would be approximate Rs. 2,800/- lacs.
Therefore, the total C.F value of goods imported will be Rs. 4,500/- + 2,800/- lacs = Rs.
7,300/- lacs.
Quick Bites:
Term Loan appraisal includes Borrower Appraisal, Technical Appraisal, Financial
Appraisal, Economic Appraisal. It explains Cost of Project, Sources of Finance, Debt
Equity Ratio, DSCR, IRR, Break Even Point analysis, Sensitivity Analysis, Project
Implementation Schedule (PERT chart), Moratorium Period, and Fixing Repayment
Schedule ,T.E.V study etc.
The term loan appraisal and processing of the application requires very careful
scrutiny in view of the complexities involved and as such we should devote sufficient
attention to all the aspects covering such an appraisal.
The essence of the term loan appraisal is in assessing the ability of the unit to repay the
loan and interest thereon, from surplus generated by utilizing the fixed assets acquired.
For this purpose, all the techniques of project appraisal should be employed in all cases,
irrespective of loan amount or whether it is considered for the purpose of one item or
for setting up entirely a new unit.
Project Appraisal:
1. The term 'Project Appraisal' includes a detailed study of the various aspects of
implementation of a project viz. Production, financing and marketing.
2. For this purpose, the entire appraisal process can be segregated into following sections.
Borrower Appraisal
Management Appraisal
Technical Appraisal
Financial Appraisal
Economic Appraisal
Market Appraisal
Environmental Appraisal
The growth estimates also help in deriving the operating budgets, financial analysis such
as break even analysis, internal rate of return etc. inter-firm comparison Indicating
areas of strengths and weaknesses of the unit cost control and cost reduction, selecting
optimum plant capacity to achieve desired rate of return, choosing the best product
mix if the unit is multi product oriented
Capacity utilisation:
Normally the installed capacity is not fully utilised. The capacity utilisation is low in the
initial years due to following reasons:-
Teething problems in the plant & machinery
Time taken in the development of product of satisfactory quality.
Development of operating skills.
Technological constraints etc.
Gradually the plant is generally expected to achieve higher capacity utilisation.
However, 100% capacity utilisation is generally not achieved due to various factors and
is not taken for estimation of cost of production. The average capacity utilisation of
the industry over the past few years, capacity utilisation of similar units etc. would
be the guiding factor in accepting the level of capacity utilisation.
It is normally assumed that the maximum capacity utilisation is achieved in the 3rd/4th
year of production and is assumed to remain so thereafter.
Product mix:
When the plant with a specific installed capacity can produce various types of
products with different input costs and sales realisation, the profitability estimate
varies with change in product mix. The decision on the product mix would, therefore,
generally depend upon the contribution of each product towards profitability,
demand for the product and the adequacy of the plant and utility facilities.
Selling price:
In the case of produce, whose prices are controlled by the government, assuming the
selling price would not be a problem.
In the case of a product, which is presently not manufactured in the country,
but is being imported, the selling price would be near to the landed cost of the
imported product.
In the case of products whose price is not controlled, it is to be decided on the basis
of current market prices and price trends in the past.
In the case of variation in selling price, the lowest selling price is assumed.
Unit cost of production:
The elements of costs that make up the unit cost of production are the cost of
raw materials, chemicals, components, consumables, power, fuel, water, etc.
These are calculated on the basis of actual consumption pattern in the industry
and the consumption pattern indicated by the plant / machinery / technical know-
how suppliers, based on their experience.
Labour:
The labour requirement would depend upon the sectional and shift requirements with
provision for leave reserves etc.
The cost of labour will be guided by the wages prevailing in the location of the plant.
Besides salaries, a provision of around 25% would need to be considered to cover PF,
ESI, and Bonus etc.
Repairs and maintenance:
The cost incurred on repairs and maintenance would include cost of material required,
manpower and overheads for supervision and services. Generally, it is provided on the
basis of a certain percentage of fixed investment say 2% to 5% depending upon the
industry.
Plant overheads:
All costs in the plant which are not chargeable to any specific operation are
considered as plant overheads and charged to the manufacturing cost of the product.
The above includes factory supervision, light, rent, taxes and insurance on factory
assets.
The factory supervision includes salaries of supervisory staff and also additional
provision to the extent of 25% to cover PF, ESI, Bonus, etc.
While the taxes would include local taxes, the insurance cost would depend upon types
of risks covered and value of assets covered. Normally, risks of fire, explosion, storms,
floods, earthquakes, etc. are covered.
Administrative expenses:
These include administrative salaries, remuneration to directors and other office
expenditure.
Packing cost:
This includes the cost of the container as also expenses involved in packing, besides the
cost of packing materials.
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Sales expenses:
These include salaries of sales personnel, expenses on warehousing, advertising,
technical services, customer service, as also the commission payable to the selling
agents. The commission generally varies from 2 to 25% depending upon the product.
Financial expenses:
These include interest on bank borrowings for term loans, working capital, unsecured
loans, guarantee commission etc.
The interest on term loan is calculated on the basis of disbursing schedule, schedule
of repayment, mode of charging interest. The reducing balance method is to be
adopted for such calculation. Interest tax, if applicable, has to be included.
The interest on working capital would depend on average level of working capital
finance utilised, which in turn is dependent on the level of holding of
inventories, receivables, margin prescribed by the bank, rate of interest etc.
The interest rate of unsecured loans would depend upon the rate of interest
allowed to be paid as per terms of appraisal. It should not be too high.
While computing the interest cost, it is assumed that the borrower will repay the
instalments and service the interest promptly.
The interest rate assumed is the contracted rate as on date of proposal and no increase
or decrease are assumed over the years.
Depreciation:
The calculation of depreciation provision is done on the basis of depreciation rates
provided under the Companies Act on straight line method for financial projections. The
same is computed under written-down-method at rates prescribed by income tax
authorities for computation of tax liability.
For computing the depreciation for financial projections following adjustments in the
cost of fixed assets is to be made
The pre-operative costs, preliminary expenses & contingencies which are allowed
to be capitalised are to be added to the cost of land, building, plant & machinery
etc. in proportion to the share of these costs in the total capital expenditure. To
illustrate -
Assume that pre-operative expenses, preliminary expenses and contingencies which
can be capitalised is Rs.10 lacs. The cost of land, building etc. are required to be
restructured as under:-
Original % Share Proportionate Revised
Cost share of cost on
expenses to be which
provided depreciation
is to be
This ratio indicates relationship between the external term borrowings and the own
funds of the concern. Bank takes total term liabilities as Debt i.e. total liabilities minus
net worth and total current liabilities. Equity means net worth of the concern minus
intangible and fictitious assets. However, the subordinated funds (i.e. long-term
unsecured loans from friends and relatives, etc.) may be considered as quasi-
A ratio of 3:1 is considered satisfactory. However, higher ratio may be allowed keeping
in view the activity of the borrower, industry, sect oral classification such as SME units,
other priority sector advances etc.
Apart from DER (TTL/TNW), bank assesses the Debt Equity Ratio as Total outside
Liabilities (TOL) to Tangible Net worth (TNW) also. Total outside Liabilities (TOL) will be
calculated as total of all liabilities of a company/firm on liability side of balance sheet
MINUS the net worth. A ratio of 4.5:1 of DER (TOL/TNW) may be considered
satisfactory.
This ratio shows the number of times the value of Net fixed assets (after
providing depreciation) covers term liabilities.
Fixed Assets Coverage Ratio = Net Fixed Assets/ Term Debts (Medium & Long)
Once the estimation of cost of production and profitability is made, it will usually
reveal that the operations during the initial years may show a low profitability or even
losses due to high initial cost or low capacity utilisation. In subsequent years, it
should improve and should show sufficient profit.
Ability of a concern to service its term liabilities can be assessed from this ratio,
which is applied while appraising all term loans proposals, studying rehabilitation/
reschedulement / restructuring proposals, etc. DSCR measures whether interest and
installments can be paid out of internal generation of funds. A ratio of 1.75 would
indicate that the concern‘s internal generation of funds would be 1.75 times of its
commitments towards term loan obligations and interest thereon. It works out as
under: -
DSCR = (Profit after tax + Dep.+ Int. on TL) / (Int. on TL+TL Installments).
The average DSCR (i.e. the sum of numerator divided by the sum of denominator of
DSCR formula as stated above for entire repayment period of the loan) of 1.75 is
considered reasonable. However, in any year it should not be less than 1.25. The
sanctioning authority may consider lower average DSCR depending upon the nature
of project / Industry after recording the reasons for the same.
The Break-Even Point (BEP) is the point where Total Costs equal Sales value. The BEP is
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the point at which, cost or expenses and revenue are equal: there is no net loss or
gain, and the unit has "broken even". The ratio is extremely useful in analysis of
Term Loan proposals.
BEP is calculated in order to determine at what level of sales the unit will be able to
recover the costs and will be generating profit at the sales level above BEP.
Branches should calculate BEP in all credit proposals involving sanction of fresh
term loan of Rs. 20 Crore and above to part fund setting up of new units or expansion
of existing facilities. A lower BEP suggests that unit has adequate margin of
safety. Margin of safety is computed as 1 minus BEP and indicates the proportion of
sales which is available as cushion for any increase in variable costs and is
considered as profitability zone of the unit. The sanctioning authority should assess
the viability of unit in terms of BEP and justification of accepted BEP should be
recorded in the proposal.
Internal Rate of Return and Net Present Value (Applicable For Term Loan of Rs. 20
Crore & Above)
The internal rate of return (IRR) is used to measure and compare the profitability of
investment in financing a large project. It is also called the discounted cash flow
rate of return (DCFROR) or simply the rate of return (ROR). The internal rate of
return on an investment or potential investment is the annualized effective
compounded return rate that can be earned on the invested capital. The IRR of
an investment is the interest rate at which the investment has a zero net present
value.
Net present value (NPV) is the total present value (PV) of the project cash flows. It is
a standard method for using the time value of money to appraise long-term projects.
NPV measures the excess or shortfall of cash flows, in present value terms, once
financing charges are met.
Borrower‘s weighted average cost of capital (after tax) can be used to discount
back the cash flows of the project to arrive at the Present Value. Alternatively the
discount rate could be the rate, which the capital needed for the project could
return, if invested in an alternative venture. When analyzing projects, it will be
appropriate to use the applicable interest rate as the discount factor.
However, NPV = 0 does not mean that a project is only expected to break even, in
the sense of undiscounted profit or loss (earnings). It will show net
total positive cash flow and earnings over its life.
Interest Coverage Ratio indicates the number of times a firm's income in an accounting
period can pay off (cover) the interest on term debt during the same period.
Since it measures the ability to pay interest-due from the earnings of the firm,
this ratio is used in computing the firm's borrowing capacity and in assessing the
risk of servicing of debt.
The Interest Coverage Ratio is also calculated as Earnings before Interest, Tax,
Depreciation and Amortisation (EBITDA) / Interest expense. This is a measure of
calculating the company‘s operating cash flow coverage of interest expenses.
The higher the Interest Coverage Ratio, more secure the Bank is in respect of the
interest servicing ability of the borrower. An Interest Coverage Ratio of 5 may be
considered satisfactory. The sanctioning authority may consider lower interest
coverage ratio depending upon the nature of project / Industry after recording the
reasons for the same.
Sensitivity Analysis :
The DSCR and IRR, as explained above have been computed after assuming certain
values for various variable parameters like capacity utilisation, cost of raw material,
sales price per unit, sales volume etc. Any adverse variation in the values of these
Above Rs. 10 crore and The TEV Study should be carried out by Bank‘s
up to Rs. 30 crore Technical Officer posted in the zone or empanelled
consultant.
From Rs.30crores to Rs. For all the zones, where bank‘s technical officers are
300 crores not available or are in scale I/ II, such zones should
refer all theproposals having project cost over Rs. 30
crore to our Project Finance Division, BCC for carrying
out TEV study.
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Above Rs.300crores In case of such large projects, the TEV study may
generally be done by our Project Finance Division. In
case, the TEV study of the project has been done by
some other Bank/ FI subject to conditions/ stipulations
,the same maybe accepted by our Bank, subject to
vetting of the TEVstudy being done by our Project
Finance Division.
Quick Bites-
Documentation is process of formalizing the terms of agreement basis on which
credit facilities are granted between bank and borrower and creation of bank‘s
enforceable charge on various securities through documents.
WHAT IS "DOCUMENTATION"?
"Documentation" means obtaining of RELEVANT documents as per terms of sanction for
creation of charge on security/es. Nature of documents varies with nature of advance,
terms and conditions, nature of security and nature of the legal status of the borrower.
Mode of execution of documents also varies with the legal status of the borrower.
SIGNIFICANCE OF DOCUMENTATION :
a) The contractual relationship between the Bank and the constituent such as creditor -
debtor, agent-principal etc.,
b) The nature and description of the security, if any, offered for the advance, and
c) The terms and conditions of the advance.
IMPORTANCE OF DOCUMENTATION:
Documents obtained by the Bank form the basis upon which a suit, as and when found
necessary, may be filed by the Bank in a competent Court of Law against the defaulting
borrower. In the absence of such properly executed documents, the onerous burden of
proof is on the banker.
Defective documentation may lead to a situation where the Bank may either lose the
legal remedy against the borrower and/or the guarantor or may not be able to enforce
its rights and the advance may become irrecoverable.
A. Deposit of all the material Title-Deeds by the mortgagor to the Bank at the Notified
Place.
B. Recording the act of Deposit of Title-Deeds either by way of a Memorandum of Deposit
of Title Deeds or recording Oral Assent of the mortgagor in the Banks' book, to show
the intention to create security by way of mortgage for particular advance or advances.
C. Obtaining confirmation letter from the mortgagor regarding such deposit of title deeds.
D. Registering the memorandum of deposit, in cases when such registration is required.
a. There should be delivery of all the material and relevant title deeds relating to the
property, by the mortgagor/s to the Branch Manager of the Bank, who will be acting
for and on behalf of the Bank.
b. The delivery of the title deeds should be made by the authorised persons, who
have the right and the capacity to create such mortgage.
a) Title deeds mean the documents relating to the property and which are material
evidence of title. The documents must not only relate to the property but must also be
such as to show prima facie title of the mortgagor.
b) Mortgage by deposit of title deeds is created by deposit of only ORIGINAL title-deeds,
such as Sale Deed, Conveyance Deed, Lease Deed, Gift Deed, Trust Deed, Will, Sale
Certificate, Share Certificate or Membership Certificate with Allotment Letter in case
of Society or Non-Trading Association etc.
c) Copies of these material deeds / documents are not the title deeds and should not be
accepted in normal course.
d) Agreements of Sale or of Lease are not Title Deeds. The copies of the Government
Records or Revenue Records are also not the documents of title.
e) Mortgage of agriculture land to secure non - agriculture advance requires permission of
the Land Revenue Authorities and encumbrance should be got noted in the land records.
For any activity other than agriculture on agricultural land, conversion of agriculture
land into non – agriculture usage is must.
A mortgage by deposit of title deeds can be created only at the places which are
notified by the State Government for purpose, from time to time. A list of such notified
places will be available from the Government Gazette.
2.2 Such Memorandum contains two Schedules. One Schedule shall give full details of the
mortgaged property. The other Schedule gives a list describing the title deeds which
are deposited.
2.3 The Memorandum is signed by the mortgagor/s and two witnesses. All the particulars
such as, the names of the persons attending the branch and depositing the tittle deeds,
the date of such deposit, amount/s of limit/s to be covered under the mortgage security
and the rate of interest for each facility etc., are required to be duly filled in and
completed before execution.
2.4 The Schedules should be correctly completed. All the title deeds which are deposited
should be included in the List of Title deeds. In the Schedule of mortgaged property,
full description and details with boundaries should be described so as to give proper
identification of such property.
4.1 The Memorandum of Entry is recorded accepting deposit of title deeds not on the
same day on which mortgage by deposit of title deeds was created but on any day
subsequent thereto, preferably the next day. This is done with a view to establish that
entry is simply a recital of earlier transaction.
4.2 In the Memorandum of Entry, the time, date and place of deposit of title deeds are
clearly recorded and it is dated on a subsequent day.
4.3 The Entry is signed only by the authorised official of the Bank, who has accepted the
deposit of title deeds and witnessed by one or more witnesses.
4.4 No signature of the Mortgagor is taken on the Memorandum of Entry or Oral Assent.
4.5 The Entry records that the mortgagor/s had deposited the title deeds with intent to
create mortgage on the property (description is given) in favour of the Bank, as
security for the advances (facilities, limits, rates of interest, etc., are described)
granted by the Bank to the mortgagor/s. It also contains declaration that the property
is absolutely owned by him and that he has clear marketable title; that there is no
charge, lien, encumbrance, attachment etc., on the property; that the mortgage shall be
the continuing security for the advances etc.
4.6 Such entry serially numbered is generally made in handwriting in a bound Register
with pages serially numbered. It should never be in loose leaf form. The list of the title
deeds and the Schedule of Property over which mortgage is created should be written
as part of such Entry.
4.7 Whenever a Confirmation Letter is obtained, it should not be on the same date but
should be on the next day of the Date of Entry.
4.8 The record of Entry of deposit of Title deeds thus made in the Bank's books is
admissible in evidence in the court of law as primary evidence of transaction under
Section 4 of the Banker's Book Evidence Act.
5.1 At no point of time during the continuance of mortgage, the title deeds or any of the
title deeds should be parted with or delivered to the mortgagor or his representative.
The parting of title deeds even for a temporary period may create complications
5.2 In the event of inspection of title deeds is requested, it may be allowed to be done in
the presence of a Bank's official at the Bank premises only.
5.3 The title deeds should be kept in a separate file in a fire proof cabinet under the
duel control of responsible officials.
6.1 A validly created mortgage by deposit of title deeds shall stand on the same footing
and has the same legal force as that of any other form of mortgage. Therefore, a
mortgage created by deposit of title deeds at a prior date shall have priority over any
other mortgage executed at a later date.
6.2 As per Section 48 of the Registration Act, a mortgage by deposit of title deeds
shall take effect against any mortgage deeds subsequently registered though relating
to the same property.
1. Under Section 58 of the Transfer of Property Act, a mortgage can be for the purpose
of securing the payment of money advanced or to be advanced by way of loan or for any
existing or future debt or for the performance of an agreement which may give rise to a
pecuniary liability. Thus, a mortgage can be created by a guarantor to any advance on his
property.
2. The procedure for creating a mortgage of the guarantor's property will be the same as
in case of creating a mortgage of the borrower's property, except that the relative
recital in the Memorandum of Deposit of Title deeds or in the Memorandum of Entry will
mention the name of the guarantor as mortgagor depositing the title deeds for the
facilities sanctioned to the borrower whose name will appear at appropriate place along
with the facilities.
3. The third party mortgage can only be from a guarantor.
Following steps are to be followed for creation of valid and enforceable mortgage:
8.1 Before creation of a mortgage by deposit of title deeds, branches to ensure that the
title deeds are verified and report on title obtained from Advocate on the panel after
they conduct searches in the appropriate records of the Sub – Registrar of Assurance
and Revenue / Municipal records, upto the nearest date of creation of mortgage. The
advocate to certify that the title deeds relating to concerned property are original, duly
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stamped and wherever required duly registered and title is clear, marketable and free
from encumbrances.
8.2 Branches to insist on opening of bank account as per ‗ KYC‘ norms by owners of the
property who offer the same as mortgage security against the loan given to third
parties. Copies of House Tax receipts / Electricity Bills etc. are to be obtained as proof
of possession / residence.
Instances have come to the notice of the Bank that original documents and /or original
title deeds are found missing either after lapse of considerable time / period from the
date of security creation or after filing of recovery suits etc. Many times it happens
that branches hand over the original security documents and title deeds to the
Advocate for filing of suit / DRT application etc. but do not collect/obtain the same
back promptly and properly. No record is maintained at the branch that original
documents are handed over to the Advocate which have not been returned by him. As a
result, as and when it is required to present the original documents etc. in court/
Tribunal the same are not found or not traceable.
To overcome this situation, given below are the guidelines for safe custody of original
documents, title deeds, etc.,
1. While going to the Advocate/s for preparation to file suit, etc., the concerned branch
officials may carry with them and deliver to the Advocate/s a photocopy of the
originals, and the original documents, after perusal by the Advocate/s, may be brought
back intact and kept in the safe custody of the branch. This course of action is designed
to avoid any possible loss / misplacement of security documents/title deeds.
2. Alternatively, as far as possible, our advocates may be requested to call on the branch,
peruse the documents, etc., at the branch premises itself and do the needful further so
as to obviate the need for the branch to keep track of the original documents and title
deeds.
3. It is the Bank's recognised practice to send documents, etc., - originals or even photo
copies to advocates / other branches along with a forwarding letter and to obtain the
Advocate's / the other branch's acknowledgment of receipt thereof, and this practice
should be strictly followed by all the branches.
4. According to the practice prevailing at the particular place of filing suit, etc.; the
Advocate may file security documents and title deeds -- original or copies as per the
requirement -- in the court or other legal forum. In either case, advocate's written
confirmation has to be obtained.
6. Safekeeping of documents and records is the sole responsibility of the branch officials
concerned, the same being an operational matter, and utmost care is expected of the
personnel handling the same. It is, therefore, necessary that the factual position as to
the availability of the originals is verified by the concerned officials even at the time of
every change over on transfer or job rotation involving key officials of the branch.
1. In case of all advances the renewal documents should be obtained before the end of the
fourth year calculated from the date of the documents on hand. But a letter of
acknowledgment of debt signed by all the signatories who have signed the original
documents, should be obtained at the end of every second year, calculated from the
date of documents on hand for all types of advances whether the advance is to limited
companies, firms or individuals.
2. In respect of advances to limited companies, as also documents involving payment of
substantial stamp duty, the matter regarding obtaining fresh documents, should be
referred to the Regional Authority for necessary guidance. Along with the letter of
reference, a copy of the last search report taken from the records of the Registrar of
Companies should be sent to the Regional Authority.
3. In case of secured advances (mortgages) the following procedure should be followed:
a) A letter of acknowledgment of debt should be obtained every two years from the date
of documents on hand.
b) As the period of limitation for mortgage is 12 years, the branch should obtain only a
letter of acknowledgment of debt for about ten years, at the end of which each such
case should be referred to the Zonal Legal Department through the Regional Authority
for further advice.
In the case of all companies including private limited companies, certain charges on the
assets have compulsorily to be registered with the Registrar of Companies under
Section 125 the Companies Act, 1956. The charges which require compulsory
registration are given hereunder.
Quick bites: This chapter deals with The charge on the Security offered,
depending on the nature of the security, is created by way of Pledge,
Hypothecation, Mortgage, Assignment etc., subject to registration with
competent authorities wherever mandatory under the law.
Before going to the topic – Charging of Securities, let us understand the types of
securities we deal with – (1) Primary Security (2) Collateral Security.
The assets created by the borrower from the credit facilities granted by the bank form
the primary security for the bank advance as a matter of rule. The bank invariably
obtains a charge over those assets. Similarly, other assets on which the advance is
primarily based even if it is not created from the credit facilities granted by the bank
will also be taken as primary security.
In some cases where primary security is not considered adequate or the charge on the
security is open the bank may insist on an additional security to collaterally secure
advances granted by it. Such securities are termed as collateral securities. Collateral
security may either be tangible or third party guarantees may also be accepted.
The securities acceptable to banks either as primary or collateral must have certain,
basic characteristics as under:
Ascertainment of value: A security will be considered good and will be acceptable to the
bank only if its value can be ascertained with a definite degree of correctness. Certain
articles may be valuable but may not be accepted as security if the value cannot be
ascertained such as paintings/antiques etc.
Marketability: A good security must have a ready market. Raw materials, articles of
necessity, other primary commodities are easily marketable and are considered good
security. Semi-finished goods may be more valuable than raw material for the borrower
but may not be marketable at all and will thus be considered inferior to raw material in
as much as its acceptance as a security is concerned.
Stability in value: A good security should have a stable value over a long period. If the
value of a security fluctuates violently over a short period, it may not be considered a
good security and may be accepted by the bank only after keeping a very high margin.
Ascertainment of title and transferability: An asset can be accepted as security by the
bank only when the title over that asset can be ascertained. Furthermore, the title
should be easily transferable. The purpose of obtaining a security is to apply the sale
proceeds of the security if the customer fails to repay the advance. But if the security
is not easily transferable the very purpose of obtaining a security may be defeated.
Immovable property located at a prime location may be very stable in value has a ready
market and the value can also be ascertained but may still not be considered as a good
security due to difficulty in ascertaining the title and elaborate legal process involved
for effecting its sale through a court of law.
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Durability: The security accepted by the Bank must be durable. No bank advance is
granted against perishable commodities.
Other Characteristics:
CONCEPT OF MARGIN
The percentage of margin which is kept by the bank as a cushion for any unforeseen
drop in the value of security is directly linked to various characteristic as discussed
above. Lower margin may be prescribed for those securities which have a stable value
and easy marketability whereas higher margins are prescribed for those securities
where fluctuations are wide. Margin fixed on raw material may be lower as compared to
margin on stocks-in-process as the marketability has been affected in the latter case.
The fixation of margin may also depend on the credit worthiness of the borrower and in
some cases even Reserve Bank may issue directives to the banks.
Fixed assets:
Assets like land & building, plant & machinery, which are called fixed assets, are taken
as security by the bank. Bank finances the borrowers to acquire these fixed assets and
takes such acquired assets as primary security or it can grant working capital limits
against stocks/debtors as primary security and take fixed assets acquired by the
company as collateral security.
Current assets:
Stocks: Stocks are generally goods in trade. A manufacturing unit purchases raw
material processes it and produces final product. In this process, stocks of raw
material, semi- finished goods, and finished products are lying with the unit. These
stocks are offered as security for the working capital limits. In case of manufacturing
unit besides the security of raw material, work-in-process, finished goods, security of
stores and spares, packing material and goods in transit can also be accepted.
Debtors/Book-debts/Receivables:
Any trading/manufacturing concern in its business will have to sell some of its products
on credit to its customers. In this process debtors are created. Funds of the company
get locked up in these unrealised debtors and its cash flow gets affected. However,
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these trade debtors are current assets and could be taken as security. Bank lends
against the security of debtors by way of cash credit (hypothecation) against book
debts. When the company draws and holds bills of exchange, it can offer these bills with
or without title to goods to the bank as security and bank can finance by way of bills
purchase (in case of demand bills) and bill discounting (in case of usance bills).
The important six methods of charging of securities are given below with brief
explanation.
Pledge:
Section 172 of the Indian Contract Act, 1872 defines 'Pledge' as 'the bailment of goods
as security for payment of debt or performance of a promise is called 'pledge'. The
bailor is, in this case, called the 'pledger' and the bailee is called the 'pledgee'.
Above definition reveals that: Pledge means bailment of goods, its purpose is to secure
payment of a debt or to secure performance of a promise. Any movable property can be
pledged. Delivery (actual or constructive) is necessary to complete a pledge. In case of
Bank's advance against the pledge of goods, customer is called the 'pledger' and the
bank is called the 'pledgee'. Where pledged securities or goods are indivisible, the
pledgee can sell the securities or goods only to that extent by which the loan amount will
be satisfied.
Mortgage:
It is the transfer of an interest in specific immovable property for the purpose of
securing the payment of money advanced or to be advanced by way of loan, an existing or
future debt or the performance of the agreement which may lead to a pecuniary
liability. The borrower is called the 'mortgagor' and the lender the 'mortgagee'.
Forms of mortgage: As per Sec. 58 of the Transfer of Property Act, there are six types
of mortgages:
(1)Simple mortgage
(2) Mortgage by conditional sale
(3) Usufructuary mortgage
(4) English mortgage
(5)Anomalous mortgage
(6) Mortgage by deposit of title deeds/ equitable mortgage
Generally only two types of the mortgage are preferable by the banks
Simple Mortgage; according to section 58 (b) of the Transfer of Property Act, a simple
mortgage is a transaction whereby without delivering the possession of the mortgaged
property, the mortgagor binds himself personally to pay the mortgage money and agrees,
expressly or impliedly, that in case of default the mortgagee shall have a right to cause
the mortgage property to be sold by a decree of the court.
Equitable mortgage or Mortgage by deposit of title deeds:
According to section 58(f) of Transfer of Property Act, where a person delivers the
documents of title to the immovable property to the creditors with an intention to
create a security thereon, the transaction is called equitable mortgage.
The essential features of the equitable mortgage are as under:
Assignment
Assignment means transfer of a right of an actionable claim, existing or future.
'Actionable claim' means a claim to any debt, other than a debt secured by mortgage of
immovable property, by hypothecation or pledge of movable property, or to any
beneficial interest in movable property in possession, either actual or constructive, of
the claimant, which the Civil Courts recognise as affording grounds for relief, whether
such debt or beneficial interest be existent, accruing, conditional or contingent.
Section 130 describes the manner in which actionable claims can be transferred, as
follows:
The transfer of an actionable claim, whether with or without consideration, shall be
effected only by the execution of an instrument in writing signed by the transfer or his
duly authorised agent, shall be complete and effectual upon the execution of such
instrument, and thereupon all the rights and remedies of the transfer, whether by way
of damages or otherwise shall vest in the transferee, whether such notice of the
transfer is hereinafter provided be given or not.
Lien:
Lien is the right of a creditor to retain in his possession the goods and securities owned
by the debtor until the debt has been discharged, but has no right to sell the goods and
securities so retained. Lien is of two types, particular and general.
Banker's right of lien: Banker has a right of general lien against his borrowers. Section
171 of the Indian Contract Act, 1872 confers the right of general lien on the bankers as
"Banker may, in the absence of a contract to the contrary, retain as a security for a
general balance of account, any goods bailed to them."
Negative Lien
The borrower may sometime be having non-encumbered assets which are not charged to
the bank as security. The borrower is thus free to deal with these assets and may even
sell them if he so desires. To restrict this right of the borrower, bank may request him
to give an undertaking to the effect that he will neither create any encumbrance on
these assets nor sell them without due permission from the bank so long as the advance
continues. This type of an undertaking obtained by the bank is known as 'Negative Lien'.
Negative lien is in the form of a personal assurance or undertaking which has binding
effect but confers no right on the bank to proceed against the property itself and thus
creates no encumbrance or charge on the property.
Right of set-off:
Right to apply the credit balance in customer's account towards liquidation of debit
balance in another account of the customer provided both the accounts are maintained
by him in the same capacity.
The right of set-off is a statutory right which enables bank to combine several accounts
of a customer in his own right unless there is any agreement expressed or implied to the
contrary. Before exercising the right of set-off a reasonable notice should be given to a
customer to avoid dishonouring of cheques drawn by the customer being unaware of the
situation. Though the right of set-off is available to a banker as a legal right, banks take
letter of set-off from customer. It helps the bank to overcome future legal
complications and it dispenses with the need for notice.
The right of set off can be applied by the bank only if the following conditions are met:
MSMED Act was operationalized with effect from 2nd October 2006, which defines an
―enterprise‖ instead of an ―industry‖ to give recognition to service sector and also
defines a ―medium enterprise‖ to facilitate technology up gradation and graduation.
Section 7 of the Act protects the sector by restricting the investment in Plant &
Machinery in case of Industries and investment in equipments for service enterprises as
below with effect from 2nd Oct. 2006:
i- Import duty.
ii- The shipping charges.
iii- Custom clearance charges.
iv- Sales Tax.
SMEs are growth engines and there are many advantages in financing SME. The Act
provides the regulatory definition of MSME which will be used for all the reporting and
classification purposes in all the banks.
A large number of organizations (Micro, Small & Medium sized service sector companies
and Trading Enterprises without any Plant & Machinery investment, Club, Trust etc) are
left out from the MSME sector, under the regulatory definition.
Our bank considering vital role being played by such organizations in Economic
development of the Nation and in order to capture the business, has expanded the
coverage of MSMEs well beyond the Regulatory definition as under:
All Banking business (Assets & Liabilities) with Companies / entities with annual gross
sales turnover / income from Rs.1 Cr up to Rs 150 crores and new Infrastructure and
Real Estate projects where the Project Cost is less than Rs.50 Crores in case of Real
Estate and less than Rs.100 Crs in case of other than Real Estate projects are to be
covered under MSME ambit.
The new/extended definition will only be used internally for promotion of business
across these segments. All the proposals falling beyond the ambit of regulatory
definition shall be covered by the Loan Policy Document and will attract all provisions of
C & I sector, if not specified otherwise.
In this regard, Bank has set up SME loan factories based on the Assembly Line
principles as a Centralised hub for processing. We have -51- SME Loan Factories as of
August, 2012.
SME Banking business will thus include the following across the Bank –
COMMON GUIDELINES:
1)Simple Standardized Application form for various credit limits (BCC:BR:101/13 dt.
03/01/09). There is a separate format for Adhoc basis requests vide BCC:BR:100:11
dated 01.01.2008.
2)Receipt and acknowledgement of application – Date of receipt, date for discussion,
decision within prescribed period, reasons for rejection; rejection to be referred to
next higher authority
3)Register for application received
4)Submission of Credit proposals to BCC – All credit proposals irrespective of its
classification, whether it is SME as per regulatory guidelines or SME as pr expanded
coverage, with gross turnover / income upto Rs.150 cr. will be processed by the SME
Dept. at BCC, if it is beyond ZH powers.
All proposals falling under SME sector as per Regulatory guidelines with gross turnover
/ income exceeding Rs.150 cr. will also be processed by SME Dept., if it is beyond ZH
powers.
5) Time norms for disposal of loan applications:
Upto Rs.2.00 lacs - 2 weeks; Above Rs.2.00 lacs - 4 weeks;
SME LF – 14 days (without TEV) and 21 days (with TEV).
6) Types of Facilities:
TL, DL, DPG, CC, OD, BP/BD, PC, FBP/ UFBP, DA L/C, DP L/C and BG.
Ratio Norms
Micro & Small Medium Enterprises Others
Enterprises
CR Min. 1.17 & above Min. 1.20 & above Min. 1.33 &
above
DER Max.4:1 Max.3:1 Max.3:1
(TTL/TNW)
DER Max.4.5:1 Max.4.5:1 Max.4.5:1
(TOL/TNW)
Average 1.75 (anyone yr. 1.75 (anyone yr. 1.75 (anyone
DSCR should not be should not be below yr. should be
below 1.25) 1.25) <1.25)
For the assessment of the working capital required above Rs.5.00crores PBF method
(asset based) of assessment should be adopted.
Margin: TL – L&B – 30%; P& M – 25% (in exceptional cases, 40% on 2nd hand P & M)
WC – 25% uniform; Export Credit – 10%
(Deviation – Next Higher Authority by 5% on L&B and P&M.
ED & CMD – beyond 5%)
ROI: Statutory Guidelines – SME rates to be applied.; Others – as per Cr. Rating –
pricing – Separate guidelines. (Latest Circular BCC/BR/101/352 Dt. 26.11.2009)
Penal Interest – 1 to 2%
Credit Rating : As per new Scoring model (manual) for accounts having exposure of
Rs.25.00 lacs to Rs.200.00 lacs. BOBRAM (CRISIL) model is applicable to MSME
accounts having exposure of above Rs.200 lacs. (only for Regulatory)
External Rating : External Credit Rating should be carried out in all SME loan accounts
with Credit limits of above Rs.5 Crores by any one of the RBI approved external Credit
Rating agencies. The exposure to SME borrower rated by any of these Rating agencies
will be recognized as rated exposure for the purpose of computation of Risk Weighted
Assets under Standardized Approach of Credit risk.
Collateral free loan will be provided to all new loans upto Rs.10.00 lacs (enhanced from
Rs.5 lacs) to the Micro & small Enterprises Sector (both Manufacturing and Service
The extant guidelines for extending collateral free loans (including 3rd party guarantee/
security) up to Rs.100 lacs to existing MSE Units based on the good track record and
financial position of the units will continue to be in force.
SME PRODUCTS:
Ratio Norms
MS Regulatory ME Regulatory SME Non Regula-
guidelines guidelines tory/expanded
definition
CR (Min.) 1.17 1.20 1.33
DER(Max.)(TTL/TNW) 3:1 3:1 3:1
DER(Max.)(TOL/TNW) 4.5:1 4.5:1 4.5:1
FACR (Net FA/ LTL) Not below 1.25 Not below 1.25 Not below 1.25
Average DSCR 1.75 (anyone yr. 1.75 (anyone yr. 1.75 (anyone yr.
should not be should not be should be <1.25)
below 1.00) below 1.25)
The above ratios are indicative and deviations can be allowed by sanctioning authority /
competent authority on case to case basis, industry specific problems of unit, etc.
1. CREDIT RATING
Evaluation of credit risk is a primary tool of appraisal of advance based on credit risk rating.
Bank use a frame work by name ―credit scoring‖ to evaluate the proposal. Under this, marks
are assigned to various parameters/ attributes that a find a place in the proposal and using
varying weights for different parameters, an aggregate score, otherwise called ―credit score‖
is advised.
If the credit score is more than the minimum threshold acceptable to Bank, the proposal is
accepted, if it is less than the minimum threshold then the concerned proposals stands
rejected. Credit scoring model works as decision support system
The credit rating in respect of the borrower enjoying credit facilities above Rs. 2 lacs but
less than Rs. 25 lacs and loan under various retail lending schemes , irrespective of credit
limit , shall continue, even though the pricing is de-linked, for determining the credit risk
perception.
As per RBI guidelines, all credit exposures need to be rated. However in case, models for
rating of any kind of exposure to be taken up are not available, the exposure may be
considered as unrated. While taking up such unrated exposure bank's extant guidelines
including financial, non-financial parameters etc. are to be followed.
(a) Pluses:
1. Render credit decision-making totally unbiased
2. Assessed on the basis of certain quantifiable parameters and support in credit decision
1. Credit rating System (old)- Advance Proposal Rs. 2.00 Lacs but less than Rs. 25.00 Lacs (
except Retail Loan/SME Loan). In case of commercial lending below Rs. 25 lacs (which are not
covered under BOBRAM Rating Models) the existing guidelines will continue for the present.
2. SME Advance Accounts Rs. 2 lac and above up to Rs. 2crore- Please refer circular No.
BCC/BR/101/194 dt 13.07.09 ( BOI –SME )
3. Retail Loan: As per CRISIL Rating Models –Off line (BCC/BR/101/311
dt 12.10.09,102/201/29.07.10).(BOI- RETAIL LOAN)
Note:
Advance under Baroda Traders Loan with a limit of Rs. 25.00 Lacs & above will be rated under
BOB RAM
(i) The Rating models are based on two dimensional rating methodologies specified under
Basel- II requirements wherein –4- types of risks viz. Industry Risk, Business risk, Financial
Risk and Management Quality Risk are assessed pertaining to the characteristics of an obligor
(borrower) while facilities proposed / sanctioned to a company are assessed separately under
second dimension of rating i.e. Facility Rating. Thus, three ratings are worked out under
CRISIL solution viz. Obligor Rating, Facility Rating and Composite Rating.
(ii)The credit risk rating models as stated above cover 13 categories under 13 model are as
under;
The Rating Models for Commercial Advances are based on two dimensional rating methodology
specified under Basel -II Accord requirements. The credit risk rating process as per
BOBRAM Rating Models involves three types of ratings for each credit facility viz. 1) Obligor
( Borrower) Rating - for credit worthiness indicating the Probability of Default (PD), 2)
Facility Rating - representing the Loss Given Default (LGD) and 3) Composite Rating - which is
indicative of the Expected Loss (EL).
Rating of Industry Risk Score (except for SME / trading) - The credit rating officer has to
select the relevant industry sub sector at the activity page during the rating process.
Industry Risk score for all applicable parameters are already uploaded on the server for all -
118- industry sub sectors and the same is automatically filled in for the selected industry sub
sector at the industry risk module during the rating process. The credit risk rating officer or
the validator will not be able to change the industry risk score.
Rating of Industry Risk Score (for SME / trading) - The credit Rating officer has to
carry out the rating of all parameters after selecting the dependent industry and the
risk scores under various parameters are not made available as in the case of other
models.
Financial Risk Assessment: Data sheet for that particular borrower (refer step 2
above) is to be uploaded at appropriate prompt (Please refer the OMRAM06 which is a
step-by-step guide for this process). While most of the parameters are scored
automatically, only certain subjective parameters like comments on Obligor's
(Borrower's) ability to raise debt / equity etc. are required to be scored with proper
justification.
After completing the obligor rating as above, facility rating is to be carried out. For this
purpose, the security value is to be appropriated first against the respective facilities and
thereafter the excess security over the outstanding amount of facility enjoyed is to be
worked out. This excess security is distributed over the remaining facilities in proportion to
the availment.
The Limit amount of each of the facilities considered / under consideration and the amount of
securities, existing/ proposed, are to be worked out by above stated method by allocation of
excess security and then filled in at appropriate pages during the facility rating process as
the case may be. After filling up the data as stated above the facility rating, separate for
each facility, is automatically worked out by the system.
This rating is automatically worked out, once the obligor rating and the facility rating are in
place.
With the completion of above five steps, the credit risk rating process is over.
Credit Rating of borrowal accounts carried out under BOBRAM RAM (Risk Assessment
Models) Model are required to be validated and finalised by the respective authorities as per
extant guidelines
The validator is required to comply with the following steps:
a) The validator is required to validate the credit risk rating based on the financial data
(audited or provisional) & other relevant records, which have been used during the
credit risk rating process by the rating officer. However, all proposals falling under
the powers of branch Manager are to be validated at Regional Office Level or the
reporting authority level as the case may be.
b) After due validation, the validator is required to take out -3- hard copy print outs of
the 'Interim Company Report' and send one copy to the credit rating officer, the
other copy to the sanctioning authority and the third copy may be kept on records.
c) Validator is required to submit the validated credit rating to the appropriate
sanctioning authority through the system.
With the completion of seven steps as described above, the credit risk rating and validation
process stands completed.
Step 8: Submission of Validated Credit Risk Rating Report and other MIS Reports to the
Sanctioning Authority
The sanctioning authority has no role during the process of credit risk rating as also during
the process of validation.
After the completion of validation process, the concerned credit officer at the office of
sanctioning authority will receive a hard copy of the validated rating from the validator as
also a soft copy through the system. A copy of the validated rating report is to be attached
to the proposal.
a) Rating exercise for advance accounts will be carried out on yearly basis
b) Credit rating on BOBRAM models based only on annual audited financials in all eligible
advance accounts as per existing guidelines. Only in case of any adverse situation
faced by the relevant industry/ company/ management which may come to the notice
of the Bank, either by the borrower or from any other source, rating may be reviewed
immediately in all such accounts with exposure (fund based +Non fund based) of Rs. 5
Crore and above.
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c) The rating exercise is not to be linked with the review of the account and it is to be
carried out in specified fixed periodicity (annual) based on accounting year of the
borrower.
Assuming that the financial year end of a borrower is March, the date of effect of the
interest rate arrived at based on credit rating will be 1st October.
Where the financial year end is other than March, the periodicity of rating exercise and the
date of effect of the revised interest rate will get shifted suitably, keeping the time gap
constant.
ii. External credit rating is relevant only with respect to credit exposure to four risk
categories namely (i) ‗Foreign Sovereign‘, ‗Foreign Banks‘ and ‗Non-resident Corporate‘ (ii)
‗Corporate‘ (iii) ‗Public Sector Entities‘ (PSE) (iv) ‗Primary Dealers‘ (PD)
The branch should NOT require the borrower to obtain external rating if the credit exposure
is classified in to any of the categories as under:
Domestic Sovereign
Direct Housing Loan to Individuals
Commercial Real Estate
Capital Market Exposure
NBFC (excluding Asset Finance Company, which is to be treated as‗Corporate‘)
Staff Loans
Consumer Credit
Non Performing Assets
Regulatory Retail (where borrower wise aggregate credit exposure does not exceed Rs.
5 crore OR the borrowers average annual turnover does not exceed Rs. 50 crore)
Example: A partnership firm with FB limit of 3.00 crore and NFB limit of Rs. 2.5 crore and
average annual turnover of Rs. 40 crore will be classified as a corporate exposure as the
aggregated exposure of the borrower of Rs. 5.5 crore exceeds the threshold limit of Rs.
5crore
iii. The rating agency is required to review the rating at least once during a period of 15
months. Hence the ratings assigned to the borrower (Issuer Rating) or our exposure
(Issue Rating), as the case may be, may be due for review during the current year.
iv. Now as per notification no DBOD.No.BP.BC. 39/ 21.06.007/ 2011-12 dated 13.10.2011
issued by Reserve Bank of India, Credit Rating Agencies will henceforth use common
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rating symbols and rating definitions which will be applicable to all the new ratings
and rating reviews by them. Under the revised system the long term rating symbols
will henceforth display the name of the rating agency and the short term rating
would be denoted by ‗A‘ on a scale of ‗1‘ to ‗4‘ (i.e. A1, A2, A3 and A4) and ‗D‘. e.g.
CARE AAA, CRISIL AAA, Fitch AAA , ICRA AAA
v. Branch can also obtain the external credit rating sheet from respective rating agency
site e.g htpp://www.icra.in/
Bank has established a Credit Audit Cell which is attached with Central Inspection &
Audit Division.
Coverage
All fresh sanctions / increase in limits where FB+NFB limit is Rs.5.00 crores and
above.
All existing accounts with FB + NFB limit of Rs.10.00 crores and above.
5% accounts (number) of Region on random selection basis with FB + NFB limit of
Rs.1 crore to below Rs.10.00 crores (FROM REST OF THE PORTFOLIO).
Objective of MMR is :-
To prevent asset quality slippage
To take timely corrective steps
Improve the quality of credit portfolio
MMR is to be submitted to respected authority within 5 days of the reporting date i.e.
15th of each month :-
HIGH RISK accounts : Exposure BOB 6 and below. BCC will monitor all such HIRG RISK
accounts where exposure is above Rs.1 cr through summary reports received from
RO/ZO.
RO to further monitor all advance accounts with exposure from Rs.1 lacs to Rs.25 lacs
based on ASCROM scrutiny and all adv accounts with exposure above Rs.25 lacs upto
Rs.1 cr based on both ASCROM scrutiny and QMR.
Bank follows a Post Sanction Reporting System replacing the erstwhile Post Sanction
Scrutiny.
PSR is to be submitted to the next higher authority.
Covers all sanctions and credit decisions viz., Fresh / Increase / Renewal / Rejection
/Adhoc / Excess / Modifications / Waivers / restructuring / rescheduling etc.,
excluding sanction of staff advances, LABOD (i.e. post sanction reporting of LABOD and
staff loans is not required).
Broad parameters relating to sanction are only examined by the PSR authority whereas
the sanctioning authority shall take care of all procedural details on credit appraisal,
adequacy of security, documentation etc.,
Observations of PSR authority are to be attended immediately, which shall also serve as
guide to the sanctioning authority for future.
PSRs upto following exposure are to be submitted in single line statement format on
monthly basis to PSR Authority alongwith a common covering letter :-
For decisions involving exceeding above limits the following things to be individually
submitted within 3 days of date of sanction to PSR authority :-
PSR authority :
Extra care and caution while granting loans where mortgage of immovable property is
involved. It is difficult to distinguish fake document from the genuine ones. For this
purpose knowledge about the customer is a must. Personal visits to the property site
and verifying the Title Deeds should be ensured in all cases.
Select the panel advocate by experience and enquiry with your colleagues. Counter check
his work by personal verification at Sub-Registrar‘s office occasionally.
Cash Credit and other Working Capital Limits can be entertained only after gaining
sufficient experience and after ascertaining antecedents of the borrower by way of
market enquiry, scrutiny of statement of accounts maintained with other banks etc.
Pre – disbursement/Sanction:
a. Pre sanction inspection done, including that of immovable property. Report attached (
in fresh/review with increase ,both cases)
b. Receipt of Financial statements of last 2 years, current FY(estimated) and next F.Y.
projected. In case of TL, Projections for the repayment period.
c. Analysis of Financial statements (calculations of Ratios etc, Ratios are as per bench
mark. ( Refer Ann )
d. Credit Rating is done & validated.
e. ROI – Stipulated as per Bank‘s guidelines/Rating, ( Refer Ann )
f. Concession – Whether approved by appropriate Authority.
g. Whether continuation of the same got approved.If credit rating is declined ,
concessions cancelled .( BCC:BR:99:325 DATED 29.10.07)
h. Mortgaged property – valuation & legal opinion i.e. NEC for 30 years.
i. Deviation/modification got approved by higher authorities.
j. Borrowing Power & Common Seal Clause (in case of Company) to be ensured based on
Memorandum & Articles of Association.
k. CIBIL Reports generated/verified.
l. Assessing working capital: Proper Method applied. ( Refer Ann )
m. Conduct of A/C verified from Credit Report/account statement.
n. TEV study is based upon project cost only and not linked to size of exposure.
Up to Rs.10/-crores-Not required.
By agency empanelled : upto 30/- crore.
From Rs30/- crores to Rs 300/- crores : In Zone where bankRs.s technical
officers are not posted or are in scale I /II , such zones should refer the
matter to PFD for carrying out TEV study.If Technical officer , posted in zone,
is of scale III / IV , he can carry out TEV study up to Rs 200/- crores.TEV
study of project of cost of more than above ceilings to be referred to PFD.
For above Rs300/- crores, TEV study by PFD OR if already done by other bank
then vetting by PFD.
ZOCC are authorized to waive projects due for TEV study where project cost
is upto Rs.15/- crores and the proposal falls up to DLP of the ZOCC.
For projects with the cost above Rs15/- crores , the power to waive TEV study
shall rest with Credit Approval Committee (CACB) of Board.
BY BCC project cell : up to Rs300/- crore
Vetting of project reports by PFD is mandatory only where the cost exceeds
Rs.300/- crores
No TEV study is required for appraising Real estate projects, General
Hospitals and Baroda Vidya Sthali
In case of extension of project, only incremental project cost will be considered
for TEV study
II. DOCUMENTATION:
Authority for disbursement obtained. (If applicable).Amt disbursed as per sanction. End
use verified.
In case of Company – No disbursement without Charge Registration
Proposal sent to R.O. for PSR.
Conduct of A/C, returning of cheques ( Below Rs one crore –six times & above Rs one
crore four times matter to be taken up with higher authority for immediate review) ,
unusual transactions.
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Turnover.
A/C opened in Correct Menu & Correct ROI being applied.
DP – Sundry Creditors are deducted from DP, Sundry Debtors o/s for prescribed period
only are taken into account, CA certified statement of Book Debt(Qty.) being received
or not.
QMR/QIS – whether being received & processed.
QIS I : One week before commencement of quarter.
QIS II: With in 6 weeks of close of quarter.
QIS III: With in 8 weeks of close of H.Y.
MMR – whether being sent. Rs one crore and above on monthly basis Rs25/- lac to Less
than Rs100/- lac on QTY basis to RO
Godown Inspection/Periodical Inspection of securities charged to Bank. Now linked with
credit rating :
BOB 1 TO 3 : H.Y, BOB 4 TO 5 : QTY, BOB6 & below :Bimonthly
Fixed assets ( DL/TL/DPG) : H.Y ( JAN &JULY) Collateral : yearly
Insurance of primary & collateral securities charged : Agreed Bank clause, average Bank
clause.
Excesses/overdrawing/TODs are allowed as per norms. ( Refer Ann )
Adhoc – whether sanctioned by Competent Authority, Documents obtained, Mort.
Extended, ROC charge created, Adhoc adjusted within time, ROI 2% over applicable
ROI is to be charged.
Repayment schedule/status to be monitored
Facilities to be reviewed /LAD to be obtained with in stipulated time. ( Refer Ann )
Latest ROC search report to be obtained on annual basis.
A/C properly classified in ASCROM & FINACLE. In NPA A/C – whether intt. Application
stopped and unrealized income reversed.
Formalities – change in constitution of firm.
Zonal Heads, up to the designation of Deputy General Manager, are authorized to
waive/relax levy of penal/ additional interest in respect of accounts falling up to the
powers of Regional Managers.
GMs (including GMs as Zonal Head) are authorized to waive / relax levy of penal /
additional interest in all other cases.
COMMITMENT CHARGES :Accounts with fund based working capital limits of Rs.10
Crore and above.
-To be levied on quarterly basis @ 0.50% p.a.plus service tax in case of accounts where
the average utilization is below 60% of the Limit OR indicated in the QIS/ QMR
statements. It is to be charged on the amount of under utilization below 60% in all
working capital facilities of Rs.10/- crores and above.
ADV to a/c where HUF is a partner:
a. No credit facility to be granted to firm.
b. Existing a/c –letter of consent from major members of HUF declaring
themselves as partners of firm. Total no. of partner max 20.
c. No HUF property to be obtained as security for any facilities given to any other
individual/firm/co unless and otherwise Karta /all major coparceners/guardian of
minor coparceners claim that such offering is for the benefit of HUF.
PREPARATION OF PROPOSALS
When a decision has been taken by the Branch Manager to consider favorably the
borrower's request for sanctioning / recommending of various credit facilities, the
branches should prepare a formal proposal in writing.
The proposal should be prepared for all borrowers irrespective of size of the credit
facilities.
The preparion of proposal is based on Application forms submitted by the prospective
borrowers.
a. Loan application form duly filed and signed by borrower / constituent is the prime
loan document.
b. Documents obtained by the Bank, form the basis upon which the Bank may file a suit
as & when found necessary, in a competent Court of Law against the defaulting
borrower. In the absence of properly executed documents, the onerous burden of
proof is on the Banker
c. Application form not filled in / partially filled in / incorrectly filled in should not be
accepted.
i. Standard schedule of fee / charges relating to the loan application depending on the
segment, to which the accounts belong, will be made available to all the prospective
borrowers in a transparent manner, along with the loan application, irrespective of the
loan amount. Likewise, amount of fee refundable in the event of non-acceptance of the
application, prepayment options and any other matter which affects the interest of the
borrower will also be made known to the borrower at the time of application.
ii. Receipt of completed application forms will be duly acknowledged.
iii. The acknowledgement would also include the approximate date by which the applicant
should call on the Bank for preliminary discussions, if deemed necessary.
iv. All loan applications will be disposed of within a period of 4 weeks from the date of
receipt of duly completed loan applications i.e. with all the requisite information/papers.
v. In case of rejection of loan application, irrespective of category of loans or threshold
limits, the same would be conveyed in writing along with the main reason(s), which led to
rejection of the loan application. The time frame for conveying the reason/s of
1. Various types of formats are prescribed for preparing credit proposals for different
activities.
2. For Agricultural & Retail Advances specific formats are prescribed. Similarly for
SME borrowers, separate formats are prescribed for borrowers
3. For other
a. types of borrowers, there are following types of formats prescribed :
a. For overdraft/demand loan bank‘s own time deposit receipts/recurring deposits form
no. 117C as given in Appendix –VIII
b. For Retail Lending prescribed formats for various schemes are given in Book of
Instruction on Retail Lending Schemes.
c. For credit facilities upto Rs. 50/- lacs.( 12 page Proposal Format)
d. For credit facilities exceeding Rs. 50/- lacs.(New MCB Format- Subject to approval
from the Competent Authority )
After the proposal has been prepared in prescribed format the following annexures
are invariably to be attached to the same :
(ii) Part-I contains Gist of Proposal / Issue for consideration ,Modifications, Adhoc /
excess data in case of existing account ,Basic Data, Name and back ground of Promoters
, Share holding pattern in case of Company ,Conduct of Account ( existing as well as in
case of take over account) ,Major inspection irregularities ( existing account)
,Compliance of Search from RBI Willful defaulter list, ECGC defaulter list , CIBIL &
other approved credit information companies incorporated under CICA Act,2005 & Take
over norms etc , Justification , Recommendation , Sanction & Legal Compliance
Certificate ( advance account for the exposure of Rs.1 crore & above )
(iii) Part-II contains Financial Performance , Assessment of Credit Facilities &
Annexures A to O analysing the financial statement of the company in various forms.
(iv) The format should be used for all proposals exceeding Rs.50/- lacs, whether
fresh/review/review with increase.( Proposed )
(v) Given below are some of the important guidelines/instructions that should be
kept in mind while filling up the format :
General :
Ensure that :
a) the proposal is in the prescribed format; duly filled in full, leaving no room for
ambiguity.
b) classification of the proposal, viz. new, review, etc. is indicated.
c) the authority to whom the proposal is to be submitted ultimately is indicated.
Please refer to Circular on DLP / Chapter on DLP /Domestic Loan Policy /RBI Circulars
for lending powers and detailed special provisions regarding restricted powers for
granting advances/facilities in respect of the following :
Advances against bank's own shares /against approved shares & debentures.
Restrictions on Holding Shares in Companies
Restrictions on Credit to Companies for Buy-back of their Securities
Money Market Mutual Funds
Advances against Fixed Deposit Receipts (FDRs) Issued by Other Banks
Grant of Loans for acquisition of Kisan Vikas Patras (KVPs)
d) to senior officers of the bank, their relatives or concerns in which such relatives
are interested.
e) Advances to bank's Directors -to directors of our bank, of other banks including Co-
operative banks, their relatives or to concerns in which they or their relatives
are interested as proprietors, partners, directors or guarantors.
(1.0) Gist of Proposal/Issue for consideration - This section contain following parameters:
(1.1)
a. Purpose , existing limit, proposed limit , Present O/s bal Overdue if any in existing
account as on date to be incorporated and overdue in term loan/DPG
installments/interest, if any will be discussed under head Justification :
Amount and period for which they are overdue to our bank, other banks and
financial institution should be mentioned.
Reasons for overdue will be mentioned.
b. Details of existing / proposed Concession i.e. ROI , Commission, TEV & processing
charges etc to be reported and justification for the same be reported under head
Justification.
c. Deviation in any parameter e.g. Current ratio in case of ME enterprises should be 1.33:1
as per bank‘s extant guidelines /norms where in in proposed proposal it is below 1.33:1.
In that situation it is a matter of deviation and must be incorporated and note to that
effect be given.
d. Modification; Any modification in terms and condition in context with existing sanction
will be incorporated
1. Nature of facility.
2. Limits existing and proposed, sub-limit under the limit as well as at various
branches and restrictions/ interchangeability, etc. for drawings under the limit.
3. securities.
4. Repayment schedule for term loan/demand loan, clearly specifying the date
on which the recovery of instalment/interest to commence, the amount of
instalment and the date of last recovery of instalment.
e. Confirmation ; Any unconfirmed action during the review period will be incorporated here
for confirmation of the action from the sanctioning authority ,e.g. An unreviwed
account from due date of review requires confirmation for continuing the existing
facilities till date of review from the sanctioning authority as the existing sanction was
for a period of 12 months only.
(1.2) Reference of existing sanction and dure date of review will be incorporated along with
sanction no & authority
(1.3) Adhoc / excess sanction during the review period . The Appraisal contain Sanction no.,
date of sanction , authority and gist of such adhoc/excess
(2.01) : Asset classification / Credit Rating along with previous 02 rating / external credit
rating (where ever applicable) ,constitution , Risk weight age , group , nature of activity ,
banking arrangement , security available,
Details of securities and securities coverage ,FACR ( in case of Term Loan only ) will be
clearly mentioned with full details and the same must be cross verified with Advocate
report as well as with Title deed , Valuation report .
Address of each unit need not be indicated. Location of each unit will suffice etc
will be looked into.
3. Brief comments about utilisation, overdues in a/c,securities and its value etc. should
be given.
(2.03 ) Any restructuring in last 03 years will be incorporated and will be commented in
brief under bullet points
(2.05) Share holding pattern in case of corporate to be furnished and cross verified upon.
(3.0) Back ground of Firm / Company : An informative brief note should be incorporated in
view of taking credit decision
(4.0) Conduct of account and other information e.g. compliance of exiting terms and condition
, yield in the account, licenses and approvals , utilisation of limits etc be incorporated
.Following points to be observed :-
M/S ABC has applied for a Fund based limit of Rs.6 Crore where in M/S CAB the
associate of M/S ABC is enjoying a limit of Rs.14 crore from us ( Bank of Baroda) , the
(7.0) Justification : The most important portion of appraisal note is justification . This
section contain only and only justification for recommending the proposal preferably in
bullet points and no praise letter or rosy justification should be given
Basically, why does what Credit officer comments under this head matter? It should be
used to defend opinion of recommending authority
(i) Existing as well as Proposed Fund based / Non Fund based – Justification must be in
bullet point facilities wise that why we are recommending to accord sanction or
recommending to continue the facilities e.g. Term Loan , Working Capital .
(ii) any concession/ waiver etc requires justification in plausible manner .
8.0 – Legal Compliance Certificate – In case of an advance having exposure of Rs.1 Crore
and above the certificate will be signed by the sanctioning authority.
(i)Production capacity :
a. Licensed and installed capacities (in quantity or numbers, etc.) for the years
last audited and next successive two years (i.e. estimates and projections)
should be given for each of the products.
b. If the product is not subject to control of licensing, it should be stated clearly.
c. Following check-points may be answered briefly :
(ii) Raw materials, etc. and market for finished products, marketing set-up
Annexure A
Details of Major share holders of susidaries /group concern
Annexure B
Name and business experience of director / promoters ,NUp dated net worth & ,DIN
etc
Annexure C
Baroda Academy Inventing Methods for Igniting Minds
Page 168
Brief Back ground of the Company will be discussed here . Branch to ensure search of
company details through their CIN
Annexure D
Please check up to ensure that all facilities detailed in appraisal note & Annexure-D
are same.
ANNEXURE-E
1. Form II, Operating Statement of the revised CMA format corresponds to
the Annexure-E of the proposal.
2. This form gives the operational data relating to gross sales, excise duty, net
sales and also data for arriving at the cost of production and cost of sales.
Profit position is also shown in this form.
3. The operating statement, which shows the projections, is the starting point of
the whole exercise of assessing the working capital requirements. So, the
assumptions made have to be studied in depth. It should be ensured that -
The data furnished are strictly in the prescribed format. For instance, in some
cases it has been observed that the borrower has classified excise duty as
an item of expenditure, whereas in the prescribed format excise duty is to
be deducted from the gross sales to arrive at net sales. Similarly the tendency
to combine the items in the format or adding new items is also not to be
permitted. The data should invariably conform to the prescribed
format.Clarifications where necessary may be given by way of notes to the
relative format.
The assumptions based on which projections are made are valid & realistic and
the consumption of raw materials, various items of expenses,cost of
production,cost of sales, operating profit, etc. are comparable and in tune with
the past rends/estimates/projections of the sales. If there are any significant
variations say due to product- diversification, change of technology, shift in
production in favour of items of higher value etc. such larifications and
comments are to be furnished.
Whenever the borrower is having more than one division, evaluation of
performance of various divisions/product range is to be made so as to assess
viability of operations of each division/product. Branches should endeavour
to collect, wherever available Division wise/productwise Balance Sheet of the
concerned companies.
The valuation of the 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. It should be ensured that
price escalations are not built into the projections. Where the projections
relating to production show wide variations in mparison with the past trend,
information in regard to the physical quantity of goods produced/to be
produced, their unit price, etc. should also be furnished. Where the number of
items anufactured is large, the information be classified under three or four
broad categories.
(a) Ensure that bills purchased/discounted and excess borrowings placed on repayment
basis (WCTL) are included in short term borrowings.
(b) The quantum of BP/BD facility should be shown separately against 1 (iii)
1. What is the percentage of BP/BD facility to aggregate limits for financing inland
credit sale.
2. If it is below 25%, what are the reasons for not increasing it to 25%.
3. Are they justified and the facility is allowed to be continued at less than 25% of
the total post-sale limit.
(c) What is the percentage increase/decrease in short term bank borrowings annually ?
Is it in tune with increase/decrease in sales turnover?
Estimated/projected bank borrowings should be tallied with PBF/MPBF & Excess
borrowings as per Form V.
If it is not tallying, the details/reasons for proposing fund based working
capital limits other than as per the assessment should be indicated.
(d) Compare the actual bank borrowings and limits earlier sanctioned by the banks.
Large variance, if any should be explained.
Verify the outstanding with the bank/s as shown in the balance sheet/this format
with the relative actuals.
Ensure that party is not availing banking/credit facilities without the
knowledge of the bank/consortium.
a. Is it increasing or decreasing ?
b. Estimated decrease from actuals would mean repayment.
c. Ensure that bank facilities are not increased for the diversion of short term
borrowings usually available as per the business practice or for the repayment of
the inter corporate deposits raised earlier as per the stipulation of the bank.
d. Ensure that the terms upon which these are raised are not detrimental to the
interest of the business/our Bank.
e. Ensure that under the guise of interest payment through the medium of this
account, business profits are not diverted outside the business.
Baroda Academy Inventing Methods for Igniting Minds
Page 170
3. Deposits (Maturing in one year) :
(i) Includes Fixed Deposits from public maturing within a year. Deposits from
dealers etc. should be classified in item 19.
(ii) Deposits in respect of margin on L/C/Guarantee should not be included under
this item and the same should be classified as current assets for the purpose
of MPBF.
4. Sundry Creditors :
Check up with the balance sheet to ensure that all trade creditors are classified
correctly under this head.
Liability for payment to be materialised after the date of balance sheet and
treated as contingent liability should be classified as current liability under this
head.
For example, bills accepted under LC, the payment of which is outstanding as of the
date of balance sheet.
Whether the estimated/projected level is in tune with the actuals thereof and
purchase turnover.
Whether the level shows normal trade credit available and that under non-funding
limits sanctioned.
What percent of non-funding limit whereby credit is obtained is taken for arriving
at sundry creditors level ? Normally it should be in the range of 50-80%.
What are the reasons for the level if decreasing or not increasing proportionally
to the business volume. Are they acceptable ?
Lower creditor's level would increase the bank borrowing level and hence ensure
that they are at a realistic level.
5. Unsecured Loans :
Loans from friends, relatives, directors should be shown here irrespective of maturity.
7. Interest and other charges accrued but not due for payment.
(This can be effected for all the years uniformly. Netting as above will reduce the
requirement of net working capital to certain extent, which is permitted)
a. Whether bank guarantee facilities are extended to cover disputed tax liabilities.
b. What is the arrangement made for liquidating the liability under the guarantee, if
the borrower's dispute fails ? Is the arrangement acceptable to the bank ?
9. Dividend Payable :
(i) Is there any restriction in the terms of sanction for payment of dividend ?
(ii) If yes, whether it is complied with.
(iii) Whether provision in full is made for this liability, to the extent known to the
bank.
10. Other statutory liabilities (due within one year) Ensure that :
(i) position regarding statutory dues of the borrower is incorporated in the proposal
and suitable conditions are stipulated in the sanction for the clearance of the dues
within a reasonable period. in the case of item (5) above, whether adequate provision or
arrangement for liquidity is made in respect of disputed items covered by bank
guarantee.
(ii) Whether the position shows accumulation necessitating resort to bank borrowing at a
future date under this head.
(iii) If yes, whether company will have adequate drawing power for the same or will be in
a position to offer tangible collaterals for such borrowings.
11. Instalments of term loans, DPGs, Debentures, etc. (due within one year)
(a) Verify the correctness of above (term liabilities as per balance sheet) treated as
current liabilities for the purpose of CMA data.
1. Term liabilities as on the date of balance sheet of the previous accounting year and
that contracted during the year should be split into –
(i) payable within one year, grouped under current liabilities against item 11 &
(ii) payable beyond one year shown against the appropriate item under term liabilities
(item 14 to 21).
Reserves which have not resulted or arisen out of the operations of the concern (i.e.
where no cash generation has taken place)
e.g.
Find out the effect of above in the reserves position i.e. Had it not been given effect
to, What would have been the actual position.
30. What is percentage of the cash & bank balance holding level to the current asset?
Normally it will depend on the nature of business, branch net work, collection
procedure etc.
31. Investments constitute a very small component of total current assets ordinarily
and hence the projection thereof at an unreasonable level should never be
permitted.
If the actuals are at a higher level than what was projected earlier, such excess
portion should be projected to be realised. In general, it should be ensured that –
a. investments pertain to normal day to day operation of the borrower like securities
to be offered to the Government for licences and permissions etc.
b. What is the purpose of creating fixed deposit with the bank?
i. Instalments of deferred receivables due within one year are shown separately
against item 33. It should not be included in 32(a) or 32(b).
ii. Check up whether borrowings raised against above instalments are outstanding.
iii. If yes, such borrowings should be shown under 'other current liabilities' against item
9.
34. Inventory
i. Ensure that the basis of valuation is in accordance with that adopted for
statutory balance sheet.
ii. Current cost/current ruling prices are only taken for valuation.
iii. Obsolete/unusable/non-marketable items, i.e. dead inventory are not included.
iv. Non-consumable spares should be excluded from this head; but the same should be
shown against item 43.
35. Advance payment of taxes could be netted against provision for taxation, as
explained against item (8) above.
Other current assets would include items like money receivable during the next 12
months as in the case of contracted sale of fixed assets etc.
(d)
1. What is the increase in Gross Block after taking into account deletion, if any ?
2. Whether restrictive clauses concerning capital expenditure, if any, in the
terms of sanction are complied with.
3. What was the source for financing capital expenditure ?
4. Are they on the approved lines ?
5. Is there any diversion from working capital ? If yes, whether it has gone to the
extent of diverting working capital limits sanctioned by the bank/s for long term uses
a. If yes, how it is to be re-couped and what action is taken/proposed for avoiding
its recurrence.
b. Was the capital expenditure programme appraised by any financial institution/bank.
If not, do you consider the capital expenditure incurred/proposed reasonable ?
40. Depreciation
(a) Is method of charging depreciation as per the relevant rules and consistent from year to
year ?
(b) If change in method of depreciations effected in any year, what is the effect of the
same on net worth, reserves, P/L account, Debt-equity ratio and security
margin/assets coverage ratio.
(c) Are there any arrears of depreciation remained to be charged ?
(a) Whether the position from year to year is in tune with term commitments there
against.
i. All the above items are non-current assets which should be financed without
resorting to bank borrowing thereof, i.e. mostly out of own funds.
ii. Hence, special care should be taken to ensure that none of the above items is
classified under current assets.
iii. Please refer to the points given against items 32, 33 & 34 for details.
i. These are non-chargeable as securities to cover the facilities from the bank/s.
ii. Hence it should not be disproportionate to the total of current assets/chargeable
current assets.
iii. This is with a view to ensure that the quantum of chargeable current assets
available as securities to cover the facilities is in consonance with the
percentage of margin stipulated under various facilities.
46. Intangible Assets (patents, goodwill, preliminary expenses, bad/doubtful debts not
provided for, etc.)
(a) Barring patents and goodwill, other items above referred are cash outflows that have
already taken place.
(b) Patents and goodwill also remain as mere book entries till they are realised.
(c) As these are not really assets as such and are in fact erosion from the net worth,
the same should be deducted from the net worth to arrive at the tangible net worth.
Hence net worth (28) Minus Intangible assets (46), which should be shown against
item 48 as tangible net worth.
(a) This is the aggregate of current assets (38), fixed assets (41), non-current assets
(45) and intangible assets (46) Tangible assets would be Total assets (47) Minus
tntangible assets (46).
ANNEXURE-G
This form shows cost of project and the details of means of financing of the project.
ANNEXURE-H
This form shows net position of funds available from long term & short term sources and
its disposition into long & short term uses.
Note :
Long term deficit shows diversion of short term sources for long term purposes,
which is not permissible, except under certain circumstances, as explained
earlier.
III. Working capital gap Minus Long term surplus (or plus deficit in long term surplus) will be
the increase/decrease in bank borrowings.IV.
General :
ANNEXURE – I
This shows the record of business turnover & operational details of the account. The
details are to be furnished facility-wise & data to be collected from the Ledgers,
Registers etc. The yield should be mentioned in percentage & in absolute terms
stating the period for which it pertains. Reasons for low yield should be specified.
ANNEXURE – J
This shows the details of group/associate concerns & their banking arrangements. In
this proforma, asset classification of each credit facility/account should be given.
Specific mention as to whether there are any overdues in the account should be
made. In case there are any overdue, the date when it became overdue and steps
initiated for its adjustment should be given.
General Guidelines :
1. Figures against each item in the form should tally with the relative item or group in
Form
2. Check up the norms in Col. 1.
Ensure that the norms applicable to the industry to which the unit belongs are stated
correctly.
3. If the norms are not prescribed, the relative past trend be specified in Col.1. stating
that norms are not prescribed.
i. Compare the norms with the levels of holding; actual, estimated and projected.
ii. The level of holding for the year for which the assessment is to be made should
not be more than the norms or the past trend, whichever is lower.
iii. If the level is higher than above, find out the percentage deviation
iv. What are the justification for the deviation ?
v. Are they genuine and acceptable ?
vi. Normally, the deviation should not be more than 20%.
vii. Where deviation has to be permitted, whether suitable stipulation to conform to
the prescribed norm/past trend in a phased manner within a reasonable time is
made.
viii. Whether special guidelines (where deviation is not permissible at all) such as level
of holding of imported raw materials should not exceed three months and
minimum security margin there against should not be less than 50% are complied
with ?
ix. If not, the same should be reported/highlighted specifically stating compelling
grounds therefor, for enabling the appropriate authority to consider the same
and obtain concurrence of RBI thereto, where necessary.
x. Was the deviation permitted earlier brought in order as stipulated ? If not,
why it should not be considered that the borrower is not treating the deviated
norms as his entitlement, which is not permissible.
xi. Ensure that total of current assets (9) is tallied with item 34 in Form III & item
38 of Annexure-F.
Ensure that current liabilities (other than bank borrowing) are tallied with
aggregate of items 2 to 6 in Form III.
Note :
Minimum stipulated NWC should normally be not less than 25% of current assets.
However it could be reduced to the extent of 25% of export receivables and other
exemptions discussed in Chapter - III.
Working capital gap (1-2) Minus (Actual/Projected net working capital or minimum
stipulated NWC whichever is higher).
(b) Where minimum stipulated NWC is lesser than actual projected NWC, the difference
thereof will be the quantum of excess borrowings to be considered for placing on
repayment basis.
General
For detailed instructions on computation of MPBF refer to Chapter - III.
ANNEXURE – K
ANNEXURE – L
Minutes of Consortium Meeting
ANNEXURE – M
Appraisal note for sick units. In case of Sick/Weak units:
A weak unit is one which has at the end of any accounting year, accumulated
losses equal to or exceeding 50% of its peak net worth in the immediately
preceding five accounting years.
Explanations :
Net worth is the sum of the paid-up capital and free reserves.
Free reserves means all reserves credited out of the profits and share premium
account, but does not include reserves created out of revaluation of assets,
write back of depreciation provisions and amalgamation.
ANNEXURE – N
DSCR: The calculation chart for DSCR is as under:
( Rs. in Crore)
Particulars 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14
Profit after Tax 0.99 54.47 58.95 63.28 57.58 61.65
Depreciation 17.30 34.59 34.59 34.59 34.59 34.59
Term Loan Interest 26.11 30.49 25.90 19.89 13.48 6.38
Sub-Total 44.40 119.55 119.44 117.76 105.65 102.62
Term Loan 0.0 30.00 46.00 48.00 54.00 56.00
Installment
Term Loan Interest 26.11 30.49 25.90 19.89 13.48 6.38
Sub-total 26.11 60.49 71.90 67.89 67.48 62.38
DSCR 1.70 1.98 1.66 1.73 1.57 1.65
Av DSCR 1.72
Details about project including location ,Technical Consultant , Project coordinator , Man
power , Power supply, Infrastructure available , Contingency plan in case of inordinate
delay of project , Marketing strategy etc.