Tuesday 18 September 2012

Lectures Notes-Banking Law and Operations-Unit 6


LOANS AND ADVANCES


LOANS AND ADVANCES: DEFINITION AND CONCEPTS

Lending is the basic function of banks which involves the process of granting loans and advances. While loans and advances essentially mean lending of money, and are used interchangeably, there is an inherent difference between the two. The term “advance is commonly used as a process of lending against certain underlying security such as shares, banks own fixed deposit; whereas the term “loan” signifies the process of granting a loan which, as per its tenor, is classified as short-term loan, medium to long-term loan.

PRINCIPLE OF LENDING

A banker is always concerned with the money which he has lent, and to ensure that what he has lent is repaid he has to follow certain cardinal principles of lending which have evolved over a period of time. These lending principles are:

Principle of Safety of Funds:

Safety of funds is ensured when money lent comes back through repayment as per sanction terms. This depends upon the willingness of the borrower to repay, his honesty and integrity and his financial standing.

Principle of Profitability:

The objective of giving a loan is to earn sufficient income that will not only take care of the cost of money raised but also the cost of operation and premium of loan default. The pricing of loan is done keeping these aspects in mind.

Principle of Liquidity:

If the money lent is not received back as per terms, a bank may face liquidity problem in meeting its commitments to depositors. The other reason affecting liquidity is the account turning into NPA and asset-liability mismatch due to leveraging of short-term sources for financing of long-term assets.

Principle of Purpose:

Traditionally, banks lend only for productive purposes so that enough surplus is generated by the activity to repay the loan. Of late, banks have started granting loan for consumption purposes like loan for the purchase of consumer goods, education, housing, etc where quantum of loan is decided upon by the capacity of the borrower to repay.

Principle of Risk Spread:

This risk is managed by financing borrowers of different strata of society, residing in a wide geographical area and engaged in different types of industries and trades.




Principle of Security:

 Here, it is attempted to make an in-built arrangement in the loan process to fall back on, in case a borrower turns willful defaulter or fails to repay due to failure of his business. For loans granted to weaker sections of society or to tiny and village industry for social consideration, banks are prohibited from insisting on security. All loans are usually backed by third-party guarantee and collateral security, which banks insist upon before sanctioning loans.

While accepting security, the bank is required to satisfy itself that the security is marketable (can be sold with least delay and / or inconvenience), stable (non-perishable), ascertainable (can be identified) and is transferable (can be transferred to intended buyer both physically and legally). To further safeguard its interest, the bank generally stipulates insurance against various risks, so that in case of any unforeseen eventuality or loss of security, the money can be realized from the insurance company.

PRE-CREDIT APPRAISAL STANDARDS

The process of giving a loan is divided into four parts; pre-sanction credit appraisal, sanction, documentation and monitoring, and follow-up. Pre-credit appraisal is the most critical part of the lending process since it is through this process that the bank takes a decision to accept or reject a loan proposal. The terms and conditions, on which the loan is sanctioned, are decided through the appraisal process. The quality of appraisal ultimately determines the quality of loan assets.

(a) Managerial competence, which determines the capacity and competence of the proponent to do business. A credit officer should ascertain the background of the proponent, his work experience, his qualification, his market report and his past dealings with other banks, if any, so as to satisfy himself about the honesty, integrity and business ability of the applicant borrower. In the case of a legal person, like a limited company, the officer should examine its charter so as to satisfy himself that the company can engage itself in a particular line of business and has the requisite powers to borrow and execute documents. The credit officer should examine the adequacy and suitability of the management structure, quality of management and management capability under stress, personnel policies including succession planning, bargaining power with suppliers and financial strength.

b) Technical feasibility, which involves assessment of availability of technology, latest or proven, to produce the required quantity and quality of goods. It also involves assessing the availability of skilled manpower, availability of raw material, availability of machinery, pollution or environmental clearance required, if any, so that the project can be completed without time or cost overrun.

c) Market appraisal, which is done through demand forecasting and simulating demand through product promotion and selling strategies. Market appraisal also involves assessment of competitive advantage which the unit enjoys, economic and social trends which may have a bearing on the demand for the product, who are the major buyers; whether the market demand is stable, seasonal or permanent; what substitutes are already available in the market; what is the extent of competition from abroad; what are the import restrictions; what is the product range; what product mix is available; what distribution set up is required for marketing the product; how government policies are likely to impact the future of the industry; and whether raw material, skilled labour, power, etc, are available for uninterrupted production.


d) Financial viability, which is determined by the assessment of cost of the project and promoter’s ability to raise requisite resources to meet the same. This also involves analyzing the financial health of the borrower by examining current ratio, debt equity ratio, interest coverage ratio, etc. Cash flow statement is also analysed to ensure that a large borrower will be able to serve his commitment for letter of credit, payment of installment and service monthly interest.

e) Financial requirement of the borrower for acquiring fixed assets and meeting working capital requirement, which is the final part of the appraisal process. Terms and conditions of loan, interest rate, margin, security – both primary and collateral – repayment terms, period of limit and documents to be executed, are all determined through this process.


APPRAISAL OF TERM LOAN

A unit requires funds for purchasing various items of fixed assets such as land and building, plant and machinery, electrical installation and other preliminary and pre-operative expenses. These fixed assets are used over a period of time to produce goods or services which enable the unit to earn profit, thereby helping it to repay the loan. The term loan is sanctioned by a loan agreement, which specifies terms and conditions and covenants on which the loan has been sanctioned, including repayment terms. These assets created out of the bank loan are charged/hypothecated go the bank as security. While determining the quantum of finance, a banker has to make assessment of actual cost of assets to be acquired, margin to be contributed, sources of repayment, etc. The appraisal of term loan broadly addresses the following:

1. Financial viability

                  To conduct financial viability, a credit officer is required to assess:

(a)          Cost of project: The cost of project generally consists of :

i)             Cost of land and its development, 

ii)           Cost of construction of sheds, building, boundary walls, go-down, etc,
iii)          Cost of plant and machinery including electrical installation,

iv)           Miscellaneous fixed costs for effluent collection treatment, vehicles, office tools, office furniture and fixtures,


v)             Preliminary and pre-operative expenses which are capitalized

vi)          Margin for working capital.

(b)          Means of Financing: Means of financing companies:

( i) owners’ capital,
 
ii) reserves and surplus,

( iii) retained profit,

(iv) long-term loan from bank, and

(v) subsidy

(c)       Cost of Production and Profitability: All elements of cost of production are realistically assessed on the basis of past trend (for existing units) or industry benchmarks.  Estimated profitability is thereafter determined after deducting cost from estimated income.

(d)      Cash Generation and Debt Service Coverage Ratio: The relationship between the  repayment capacity (cash generation) and commitments is expressed in terms of debt  service coverage ratio (DSCR). DSCR is calculated using the following formula:


          DSCR = Profit after tax + Depreciation + interest on term loan and deferred credit / repayment of installments on term loan and deferred credit + interest on term loan and deferred credit.

The ratio indicates the coverage of liability of the borrower to pay interest and principal out of expected cash generation. DSCR is used to determine

(i)           when the repayment of the should start,

(ii)          how many installments can be fixed,

(iii)        what the repayment period should be.

(e)  Break-Even Analysis: Break-even analysis is also known as cost-volume-profit analysis. Knowledge of break even point (BEP) provides an insight into the possible risk of a borrower by conducting sensitivity analysis of change in cost or sale price per unit to determine the level at which the unit may incur loss.
BEP is calculated as:

BEP in sales = Fixed cost x sales value / contribution where contribution = sales price per unit – variable cost per unit

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