1.1.1. In the wake of ongoing trends towards globalization and liberalization, the market environment in the country has undergone a major change. The opening of the economy has resulted in entry of multinationals and participation of foreign institutional investors in the Indian Corporate market. The business entities operating in India, to emerge successful, have to perceive and manage risks from a wider perspective of happenings in the world market. Any risk that overtakes the business entity automatically reflects on the lending banks balance sheet. The Indian Banking scenario has witnessed progressive deregulation, introduction of prudential norms and adoption of international best practices. The financial sector reforms and entry of private and foreign banks have changed the face of Indian Banking sector. In the present scenario, when spreads are thinning and competition is acute, managing credit risk has become crucial.
1.1.2. Extending credit is a basic function of banking which involves risks. It is likely that some of the credit decisions may result in loss. The Bank should aim at Managing risk in such a way that a healthy credit portfolio is built and returns are maximized.
1.1.3. The policy at the holistic level is an embodiment of the Banks approach to sanctioning, managing credit risk and aims at making the systems and control effective.
1.1.4. The Loan Policy is reviewed every year to keep sync with the market realities, business priorities, Govt. policies and regulatory requirements. On the threshold of the new financial year 2012-13, the Loan Policy is being reviewed/fine tuned in line with the developments in the financial sector, regulatory and Govt. policies, while keeping intact its basic tenets. This updated version of the credit policy shall make it possible for the Bank to show a steady and healthy growth in its credit portfolio, resulting in overall improved performance. This Policy shall remain valid till next revision. Central Bank of India ________________________________________________________________ Loan Policy 2
1.2. Objective
1.2.1. The basic objectives of the Loan Policy are: -
1.2.1.1. To broadly outline major parameters governing loaning functions;
1.2.1.2. To properly appraise and evaluate advances proposals;
1.2.1.3. To delegate appropriate authority to ensure speedy disposal of proposals and to ensure effective monitoring and follow up.
1.2.1.4. To channelise the flow of funds for productive use.
1.2.1.5. Optimum utilization of Banks resources.
1.2.1.6. The policy seeks to enlarge client base of Corporate and NonCorporate segments through aggressive credit marketing.
1.2.1.7. The policy document addresses the genuine credit needs of the existing clients to ensure quicker and prompt credit decision.
1.2.1.8. The policy establishes a commonality of approach regarding credit basics, appraisal skills and strategies, while leaving enough room for flexibility and innovation.
The policy aims to seize market opportunities by revamping our products and delivery mechanism through product innovation and restructuring with a view to maximizing profit.
1.2.1.9. The policy strives to ensure that the socio economic obligations cast on the bank are fully met.
1.2.1.10. The Banks general approach to Export Credit and Priority Sector Advances are set out in the Policy.
1.2.1.11. The policy seeks to ensure continuous growth of loan assets while endeavoring that they remain secure, performing and standard.
1.2.1.12. The policy endeavors to mitigate and reduce risk associated with the lending by fine tuning the systems and controls.
1.2.1.13. The policy sets out optimum exposure levels to different sectors in order to ensure growth of assets in an orderly manner.
1.2.1.14. The policy lays down norms for take-over of advances from other banks/FIs.
1.2.1.15. Banks stand on granting credit facilities to companies whose Directors are in the defaulters list of RBI is covered in the Policy. Central Bank of India ________________________________________________________________ Loan Policy 3 1.2.1.16. The policy seeks to ensure profitable deployment of resources keeping in view the ALM requirements.
1.2.1.17. The policy document ensures compliance of all the directives/guidelines issued by the Government/RBI and all other regulatory requirements on credit matters. With regard to guidelines issued from time to time by the authorities, the Bank would follow them in all their aspects. However, if these permit varying interpretations, the Bank will adopt a reasonable interpretation, as determined by the Credit Risk Management Committee without deviating from the spirit behind the guidelines.
1.3. Scope 1.3.1. This policy would govern all credit and credit related exposures, Fund Based as well as Non-Fund based and prescribe acceptance criteria for all forms of credit dispensation. These would include Short term, Medium term and Long term based facilities, as also Letters of Credit, Guarantees, Acceptances etc.
1.3.2. The policy will encompass exposure borrower wise i.e. exposure to all types of customers such as individuals, proprietorship firms, partnerships, association of persons, Companies registered under Indian companies Act, PSUs & others and also industry / activity wise.
1.3.3. Any exception or deviation from these policies and criteria shall be referred to Credit Department, Central Office which shall place such matters to the ED/CMD/ CACB for approval. Normally, deviations from the policies, norms and criteria will be approved by CACB /CMD / ED depending upon their delegated authority concerning lending. However, where Sanctions have been earlier approved by MCB/ CACB, deviations should be placed before MCB/ CACB for their view/approval. In case of need, CACB can approve / modify / sanction subject to reporting to MCB.
It is also made clear that the deviations if any, beyond the permitted level of the sanctioning authority, on reference to Central Office, CACB shall approve such deviations on case to case basis, subject to merit. However, actual sanction of the loan would be done by the concerned sanctioning authority within their delegated lending powers.
1.3.4. The Loan Policy of the Bank deals with various important parameters in order to ensure safety, profitability and liquidity of Banks assets and deals on various matters as under:
i) Credit Deployment a) Directed Credit b) Thrust Areas c) Other Areas
ii) Categorization of Borrowers a) Priority Sector b) Non Priority Sector.
Central Bank of India ________________________________________________________________ Loan Policy 4 iii) Credit Sanctions a) Prudential Exposure Limits b) Credit Rating c) Price Mechanism d) Procedures.
iv) Security
a) Approved Securities b) Negative List of Securities c) Norms for obtaining Guarantees as Security.
v) Delegation of Authority
a) General Rules b) Lending Authority c) Lending Powers d) Discretionary Powers e) Ad-hoc facilities f) Prohibitions g) Miscellaneous
vi) Sanctioning Authority
a) Individual Executives / Officials b) Regional/ Zonal Credit Approval Committee RCAC/ ZCAC c) Credit Approval Committee of the Board (CACB) d) Management Committee of the Board e) Board of Directors.
vii) Monitoring and Control
a) Review of Procedures b) Control Returns c) Monitoring d) Quality Control
1.4. Modification and Review / Revision
1.4.1. The Policy shall be modified to give effect to the changes in the extant guidelines/directives/instructions that may be advised by the Reserve Bank of India/Government of India from time to time, subject to reporting and approval of the Board.
1.4.2. The policy shall also be reviewed/ revised from time to time, at least once in a year to adapt to the changing environmental demands to incorporate and implement any changes in the credit strategy of the Bank, with the approval of the Board.
Central Bank of India ________________________________________________________________ Loan Policy 5 1.5. Compliance All the field functionaries are expected to comply with the policy guidelines laid down in this document. In case of any doubt about the applicability of any aspect of these policies to any situation, clarification/approval shall first be sought from Credit Department, Central Office prior to committing the bank. 2. Credit Deployment
2.1. Strategy 2.1.1. The following strategies shall be adopted. i) Wherever the lending is done, it shall be directed with the emphasis on viability, and profitability prospects. ii) Keeping in view the guidelines of RBI and the profitability of the Bank, the branches shall be advised from time to time about the thrust areas and non-thrust areas of lending.
2.2. Directed Credit 2.2.1. The Banks role in the priority sector lending shall be in tune with the national objectives. Bank will continue to lend funds to priority sector viz. Agriculture, Small (Mfg.) Enterprises, Housing Finance and other sectors keeping in view the RBI Guidelines from time to time. The Bank will endeavor to surpass the overall share of 40% of Adjusted Net Credit under Priority Sector advances with sub-sector targets.
2.2.2. RBI, vide Circular No.RBI/2006-2007/358 RPCD.No.Plan.BC.84/04.09.01/2006- 07 dated 30.04.2007 has issued revised guidelines on Lending to Priority Sector. The targets and sub-targets under priority sector lending would be linked to Adjusted Net Bank Credit (ANBC) (Net Bank Credit plus investments made by banks in non-SLR bonds held in HTM category) or Credit Equivalent amount of Off-Balance Sheet Exposure (OBE), whichever is higher, as on March 31 of the previous year.
In terms of RBIs Master Circular on Priority Sector Lending, RBI/2011-12/107 RPCD. CO. Plan. BC 10 /04.09.01/2011-12 July 1, 2011, the targets and sub-targets set under priority sector lending for domestic banks are furnished below: Total Priority Sector advances 40 per cent of #Adjusted Net Bank Credit (ANBC) or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. #[ANBC or credit equivalent of Off-Balance Sheet Exposures (as defined by Department of Banking Operations and Development of Reserve Bank of India from time to time) will be computed with reference to the outstanding as on March 31 of the previous year. For this purpose, outstanding FCNR (B) and NRNR deposits balances will no longer be deducted for computation of ANBC for priority sector lending purposes. For the purpose of priority sector lending, ANBC denotes NBC plus investments made by banks in non-SLR bonds held in HTM category. Investments made by banks in the Recapitalization Bonds floated by Government of India will not be taken into account for the purpose of calculation of ANBC. Existing and fresh investments, by banks in non-SLR bonds held in HTM category will be taken into account for the purpose. Deposits placed by banks with NABARD/SIDBI, as the case may be, in lieu of non-achievement of priority sector lending targets/sub- targets, though shown under Schedule 8 'Investments' in the Balance Sheet at item I (vi) 'Others', will not be treated as investment in non-SLR bonds held under HTM category. For the purpose of calculation of credit equivalent of off-balance sheet exposures, banks may use current exposure method. Inter-bank exposures will not be taken into account for the purpose of priority sector lending targets/sub-targets.] Central Bank of India ________________________________________________________________ Loan Policy 6 Total agricultural advances 18 per cent of ANBC or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. Of this, indirect lending in excess of 4.5% of ANBC or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher, will not be reckoned for computing performance under 18% target. However, all agricultural advances under the categories 'direct' and 'indirect' will be reckoned in computing performance under the overall priority sector target of 40% of ANBC or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. Micro & Small Enterprise advances (MSE) Advances to micro and small enterprises sector will be reckoned in computing performance under the overall priority sector target of 40 per cent of ANBC or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. Micro enterprises within Micro and Small Enterprises sector
(i) 40% of total advances to micro and small enterprises sector should go to micro (manufacturing) enterprises having investment in plant and machinery up to Rs 5 lakh and micro (service) enterprises having investment in equipment up to Rs. 2 lakh; (ii) 20% of total advances to micro and small enterprises sector should go to micro (manufacturing) enterprises with investment in plant and machinery above Rs. 5 lakh and up to Rs. 25 lakh, and micro (service) enterprises with investment in equipment above Rs. 2 lakh and up to Rs. 10 lakh. (Thus, 60 per cent of micro and small enterprises advances should go to the micro enterprises). (iii) The increase in share of micro enterprises in MSE lending to 60 per cent should be achieved in stages, viz. 50 per cent in the year 2010-11, 55% in the year 2011-12 and 60% in the year 2012-13. Export Credit Export Credit is not a part of Priority Sector for domestic commercial Banks Advances to weaker sections 10 per cent of ANBC or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. Differential Rate of Interest Scheme 1 per cent of total advances outstanding as at the end of the previous year. It should be ensured that not less than 40 per cent of the total advances granted under DRI scheme go to scheduled caste/scheduled tribes. At least two third of DRI advances should be granted through rural and semi-urban branches. Women Entrepreneurs 5% of Net Bank Credit
2.2.2 (I) AGRICULTURE
(A) DIRECT FINANCE
1.1 Finance to individual farmers [including Self Help Groups (SHGs) or Joint Liability Groups (JLGs), i.e. groups of individual farmers, provided banks maintain disaggregated data on such finance] for Agriculture and Allied Activities (dairy, fishery, piggery, poultry, bee- keeping, etc.) 1.1.1 Short-term loans for raising crops, i.e. for crop loans. This will include traditional/non-traditional plantations and horticulture. 1.1.2 Advances up to Rs. 10 lakh against pledge/hypothecation of agricultural produce (including warehouse receipts) for a period not exceeding 12 months, irrespective of whether the farmers were given crop loans for raising the produce or not. 1.1.3 Working capital and term loans for financing production and investment requirements for agriculture and allied activities. 1.1.4 Loans to small and marginal farmers for purchase of land for agricultural purposes. 1.1.5 Loans to distressed farmers indebted to non-institutional lenders, against appropriate collateral or group security. Central Bank of India ________________________________________________________________ Loan Policy 7 1.1.6 Loans granted for pre-harvest and post-harvest activities such as spraying, weeding, sting, grading, sorting, processing and transporting undertaken by individuals, SHGs co-operatives in rural areas. 1.1.7 Loans granted for agricultural and allied activities, irrespective of whether the borrowing entity is engaged in export or otherwise. The export credit granted by banks for agricultural and allied activities may, however, be reported separately under heading "Export credit to agricultural sector". 1.2 Finance to others [such as corporates, partnership firms and institutions] for Agriculture and Allied Activities (dairy, fishery, piggery, poultry, bee-keeping, etc.) 1.2.1 Loans granted for pre-harvest and post harvest activities such as spraying, weeding, harvesting, grading, sorting and transporting. 1.2.2 Finance up to an aggregate amount of Rs. one crore per borrower for the purposes listed at 1.1.1, 1.1.2, 1.1.3 and 1.2.1 above.
1.2.3 One-third of loans in excess of Rs. one crore in aggregate per borrower for agriculture and allied activities.
(B) INDIRECT FINANCE
1.3 Finance for Agriculture and Allied Activities 1.3.1 Two-third of loans to entities covered under 1.2 above in excess of Rs. one crore in aggregate per borrower for agriculture and allied activities. 1.3.2 Loans to food and agro-based processing units with investments in plant and machinery up to Rs. 10 crore, undertaken by those other than 1.1.6 above. 1.3.3 (i) Credit for purchase and distribution of fertilizers, pesticides, seeds, etc. (ii) Loans up to Rs. 40 lakh granted for purchase and distribution of inputs for the allied activities such as cattle feed, poultry feed, etc. 1.3.4 Finance for setting up of Agri. clinics and Agribusiness Centers. 1.3.5 Finance for hire-purchase schemes for distribution of agricultural machinery and implements. 1.3.6 Loans to farmers through Primary Agricultural Credit Societies (PACS), Farmers Service Societies (FSS) and Large-sized Adivasi Multi Purpose Societies (LAMPS). 1.3.7 Loans to cooperative societies of farmers for disposing of the produce of members. 1.3.8 Financing the farmers indirectly through the co-operative system (otherwise than by subscription to bonds and debenture issues). 1.3.9 Loans for construction and running of storage facilities (warehouse, market yards, godowns, and silos), including cold storage units designed to store agriculture produce/products, irrespective of their location. Central Bank of India ________________________________________________________________ Loan Policy 8 If the storage unit is registered as SSI unit/micro or small enterprise, the loans granted to such units may be classified under advances to Micro and Small Enterprises sector. 1.3.10 Advances to Custom Service Units managed by individuals, institutions or organizations who maintain a fleet of tractors, bulldozers, well-boring equipment, threshers, combines, etc., and undertake work for farmers on contract basis.
1.3.11 Finance extended to dealers in drip irrigation/sprinkler irrigation system/agricultural machinery, irrespective of their location, subject to the following conditions: (a) The dealer should be dealing exclusively in such items or if dealing in other products, should be maintaining separate and distinct records in respect of such items. (b) A ceiling of up to Rs. 30 lakh per dealer should be observed. 1.3.12 Loans to Arthias (commission agents in rural/semi-urban areas functioning in markets/mandies) for extending credit to farmers, for supply of inputs as also for buying the output from the individual farmers/ SHGs/ JLGs. 1.3.13 Credit outstanding under loans for general purposes under General Credit Cards (GCC). 1.3.14 Loans to MFIs for on-lending to agriculture as per the conditions specified in paragraph 3.2. 1.3.15 1.3.16 1.3.17 Loans sanctioned to NGOs which are SHG Promoting Institutions, for on-lending to members of SHGs under SHG-Bank Linkage Programme for agricultural purposes. Loans granted to RRBs for on-lending to agriculture and allied activities sector. Overdrafts, up to Rs. 25,000 (per account), granted against 'no-frills' accounts in rural and semi-urban areas. 1.4 1.4.1 1.4.2 1.4.3 1.4.4 Loans not eligible for classification as direct/indirect finance to agriculture Loans sanctioned w.e.f. April 1, 2011 to NBFCs (other than MFIs which adhere to the criteria specified in paragraph 3.2) for on- lending. The bank loans extended prior to April 1, 2011 to NBFCs, and classified under Priority Sector will continue to be reckoned under Priority Sector till maturity of such loans. Loans sanctioned to NBFCs for on-lending to individuals or other entities against gold jewellery, investments made by banks in securitized assets originated by NBFCs, where the underlying assets are loans against gold jewellery, and purchase/ assignment of gold loan portfolio from NBFCs. Loans sanctioned to Central/ State Co-operative Marketing Federations and State Civil Supplies Corporations. Loans sanctioned to corporate/ private companies/ sugar companies for financing of receivables of farmers/vendors/traders against their supplies of agricultural produce to such corporate/ private companies/sugar companies.
Central Bank of India ________________________________________________________________ Loan Policy 9 2.2.3. Direct Finance in the micro and small enterprises sector will include credit to: (1) Manufacturing Enterprises. (a) Micro (Manufacturing) Enterprises Enterprises engaged in the manufacture/production, processing or preservation of goods and whose investment in plant and machinery [original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No. S.O. 1722 (E) dated October 5, 2006] does not exceed Rs. 25 lakh, irrespective of the location of the unit.
(b) Small (Manufacturing) Enterprises Enterprises engaged in the manufacture/production, processing or preservation of goods and whose investment in plant and machinery [original cost excluding land and building and such items as in 2.2.3(1)(a)] is more than Rs.25 lakh but does not exceed Rs.5 Crore, irrespective of the location of the unit.
(2) Service Enterprises. (a) Micro (Service) Enterprises Enterprises engaged in providing/rendering of services and whose investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the service rendered or as may be notified under the MSMED Act, 2006) does not exceed Rs.10 Lakh, irrespective of the location of the unit.
(b) Small (Service) Enterprises Enterprises engaged in providing / rendering of services and whose investment in equipment (original cost excluding land and building and furniture, fittings and such items as in 2.2.3.2(a) above) is more than Rs.10 Lakh but does not exceed Rs.2.00 Crore, irrespective of the location of the unit.
(c) The small and micro (service) enterprises shall include small road & water transport operators, small business, professional & self-employed persons, and all other service enterprises engaged in activities which satisfy the definition of micro and small (service) enterprises in respect of investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the services rendered or as may be notified under the MSMED Act, 2006) (i.e. not exceeding Rs.10 lakh and Rs.2 crore respectively)
(d) Loans granted by commercial banks to Micro and Small Enterprises (MSE) (Manufacturing and Services) are eligible for classification under Priority Sector, provided such enterprises satisfy the definition of MSE sector as contained in MSMED Act, 2006, irrespective of whether the borrowing entity is engaged in export or otherwise. The export credit granted by banks to MSEs may, however, be reported separately under heading Export credit to micro and small enterprises sector.
(3) Khadi and Village Industries Sector (KVI) All advances granted to units in the KVI sector, irrespective of their size of operations, location and amount of original investment in plant and machinery. Such advances will be eligible for consideration under the sub-target (60%) of the small enterprises segment within the priority sector. Central Bank of India ________________________________________________________________ Loan Policy 10
The achievements of these limits would be monitored by the Priority Sector department who would also apprise the Board periodically.
2.3. Thrust Areas 2.3.1. Thrust areas explained. 2.3.1.1. The deployment of credit shall be made by the Bank selectively with the twin objectives to increase profitability and avoid / restrict or reduce exposure to unnecessary risks. Concentration should be shifted to the upcoming and prospering sectors and would have to be in tune with the changing economic needs / scenario and high-tech scenario emerging in the country.
2.3.1.2. To build sizeable markets share in each of the thrust areas of business through effective strategies in terms of pricing, product packaging and promoting the product in the market, we will endeavour to be market movers in these initiatives.
2.3.1.3. To sustain the mission objective through harnessing technology driven banking and delivery channels.
2.3.1.4. To promote confidence and commitment among the staff members to address the expectations of the customers efficiently and to handle technology banking with ease.
2.3.1.5. Bank will also adopt the following strategy to increase its market share in thrust areas.
2.3.1.5.1.Branches to maintain continuous contact with the top borrowers of their branch to know their business activity/expansion plans. A diary containing profile of such borrowers should be maintained at every branch which will include information not only about their business but also give information about the facilities availed by them from our bank or from other banks. Information regarding facilities/services availed from other banks should be used for bringing them into our fold.
2.3.1.5.2.Branches to obtain references from top borrowers and use them for increasing customer base at every branch. References may be obtained from other customers also.
2.3.1.5.3.The profile of the borrowers as mentioned above may also be used for cross selling our products to them.
2.3.1.5.4.To obtain references from Industrial/Merchants/traders association and establish contact with them.
2.3.1.5.5.Acquisition of new customers/accounts will be an ongoing activity for business development. To this end, a list of top borrowers (who are not our customers) in the center may be prepared and contacted for bringing them in to our fold after making due diligence /enquiries.
Central Bank of India ________________________________________________________________ Loan Policy 11 2.3.1.5.6.Technology should be leveraged for acquisition of new business by providing internet banking, Structured Financial Messaging Solution (SFMS), Real Time Gross Settlement (RTGS), Special Electronic Funds Transfer (SEFT), National Electronic Funds Transfer (NEFT), Electronic Funds Transfer (EFT) facilities.
2.3.2. The thrust areas for deployment of credit during the year 2012-13 would be as under :-
2.3.2.1 Priority Sector, with emphasis on High Tech Agriculture and Micro & Small Enterprises under SME (Medium Enterprises will not come under Priority Sector). 2.3.2.2 Export Credit. 2.3.2.3 Retail Banking including Housing loans (up to Rs.30 lakhs) and Educational Loans. However, Housing Loans up to Rs.25 lakhs only shall be considered under Priority Sector. 2.3.2.4 Information Technology ( I. T. Industries) & I.T.Consultancy & allied services. 2.3.2.5 Pharmaceuticals, Life Sciences & Multi Clinical diagnostic Centre 2.3.2.6 Fast Moving Consumer Goods (FMCGs) 2.3.2.7. Trading Advances (Deleted). [Trading Advances forming part of Priority sector including advances to MSE shall continue to remain under thrust area. All the delegates can consider the proposals of trading advances within their respective delegated lending powers as provided in Annexure-3 of the Loan Policy.]
2.3.2.8 Food Processing Industries. 2.3.2.9 SMEs with thrust on Medium Enterprise. 2.3.2.10 Agri-Export Zone (AEZ) 2.3.2.11. Service Sectors like Travel Tourism & Allied services. 2.3.2.12 Gems & Jewellery (Deleted) 2.3.2.13 Bio-Tech 2.3.2.14 Automobile & Auto Ancillaries. 2.3.2.15 Channel Financing. 2.3.2.16 New & Renewable Energy. 2.3.2.17 Capital Goods.
2.3.3. Priority Sector Lending with emphasis on Agriculture 2.3.3.1.a Priority Sector lending shall continue to be our thrust area and our endeavor shall be to exceed overall share of 40% of net bank credit with sub sector achievement as shown in para 2.2.2 above. Concerted efforts shall be made to further improve flow of credit to Small (Mfg.) Enterprises. 2.3.3.1.b Agriculture: Within the Priority Sector advances, agriculture shall also continue to be the thrust area and for improving performance under this sector the focus shall be on Kisan Credit Card. 2.3.3.1.1 Advance to Self Help Groups (SHG). 2.3.3.1.2 Gold Loans. 2.3.3.1.3 Farm Mechanisation Programme. 2.3.3.1.4 Advances against Warehouse and Cold Storage receipts. 2.3.3.1.5 Advances to dealers of other inputs like fertilizers, pesticides, insecticides etc. 2.3.3.1.6 Long-term investments like Minor Irrigation, Land Development, Construction of Rural Godowns, Cold Storages etc. 2.3.3.1.7 Hi- Tech Agricultural Financing. 2.3.3.1.8 Financing to Agri Clinics & Agri Business centers. Central Bank of India ________________________________________________________________ Loan Policy 12
2.3.4 Credit flow to Women Entrepreneurs The process of accelerating credit to women for upliftment and economic development shall be continued.
2.3.5 Export Credit 2.3.5.1 In view of the importance of Export Credit and in tune with the Government guidelines, the Bank shall lay thrust upon credit to the Export sector especially from the SME sector. 2.3.5.2 In order to ensure prudent decision making in the case of Export credit proposals and also to make sure that no worthwhile credit proposals suffer for want of need based credit, it is stipulated that while the sanctioning authority may within his powers sanction Export Credit Proposals, the authority to decline any such proposal shall be vested with the immediate next higher authority. 2.3.5.3 Our endeavor will be to achieve an export credit target of 12% of net bank credit. 2.3.5.4 In line with RBI guidelines, the Bank has framed a scheme for issue of Gold Card to exporters with good track record for easy availability of export credit on more liberal terms. The highlights of the scheme are as under: 2.3.5.4.1Gold Card holder exporters, depending on their track record and credit worthiness, will be granted better terms of credit including rates of interest than those extended to other exporters. 2.3.5.4.2 Applications for credit will be processed at simpler and faster processing norms. 2.3.5.4.3 In principle credit limits will be sanctioned for a period of 3 years with a provision for automatic renewal subject to fulfillment of the terms and conditions of sanction. 2.3.5.4.4 A standby limit of 20% of the sanctioned limit will be additionally provided to facilitate urgent credit needs for executing sudden orders in all the well conducted accounts. 2.3.5.4.5 In case of unanticipated export orders beyond the projections, additional export finance shall be provided as quickly as possible taking in to account the size and nature of order and the conduct of the account. 2.3.5.4.6 The performance of the exporters shall be reviewed on yearly basis. 2.3.5.4.7 Gold Cardholders will be given preference for grant of packing credit in foreign currency (PCFC) subject to availability of foreign currency resources. 2.3.5.4.8 Collateral security / Buyer wise ECGC cover for post-shipment credit may not be insisted upon for Gold Card holders where i) Exporter has a satisfactory track record for the past 3 years. ii) Items of export fall within the products normally dealt by the Exporter in its usual course of business. iii) Minimum credit risk rating should be CBI - 4. iv) Bank is having satisfactory status report of the overseas buyer. v) Overseas buyer is of a country whose country risk rating as per ECGC categorisation should not be below B1.
Authority to allow such waiver of collateral security / buyer wise ECGC guarantee shall rest with:
a) For accounts falling under the power of AGM/RM/CM and below by Zonal Managers as per non fund based lending powers. Central Bank of India ________________________________________________________________ Loan Policy 13 b) For Accounts falling under the power of Zonal Manager at Central Office as per respective non-fund based lending powers.
Information Technology / Computer Software Industries and BPO / Call Centres. Software developers and service providers have a great potential in the long term. In view of the tremendous scope, the Bank will continue to finance good bankable proposals from entrepreneurs of proven track record. The over all exposure to Software Industry shall be restricted to 0.5% of the total credit as per Industry Exposure Norms for the year 2012-13 However, any credit proposal of Compute Software Industry involving fresh or additional exposure to be assessed with extra care. In view of tremendous scope, the proposals of BPOs / Call Centers may be taken up on merits. Detailed guidelines are given in Annexure 5.
2.3.8.1 Agri -Export Zones (AEZ). 2.3.8.2.AEZs are expected to play a pivotal role in the development of Infrastructure of the country and hence have been accorded special benefits by the Government of India. 2.3.8.3. There are several AEZs coming up in the near future and the scope for financing as part of Infrastructure lending exists.
2.3.9. SMEs with thrust on Medium Enterprises.
With the alternative means of financing, for both short term and long term requirements, such as Commercial Paper, External Commercial Borrowing, Foreign Currency Loans, Public Deposits, Private Placement of Debentures and Bonds etc., the top corporate borrowers having good credit rating have reduced their dependence on bank finance and large limits sanctioned to them remain unutilized to a great extent. It is, therefore, necessary for us to improve off-take of credit by focusing on medium sized units with investment in plant and machinery in excess of Small (Mfg.) Enterprises limit and up to Rs. 10 crore. In case of service enterprises, Companys/trading firms/Business Enterprises/ Service units requiring credit facilities above Rs. 5 crores and upto Rs. 25 crores are covered.
2.3.10. Infrastructure Finance
2.3.10.1. In view of the national importance attached to infrastructure development, its criticality to economic development of the country, the potential for large volume business, the Bank attaches utmost importance to financing infrastructure projects. For financing large infrastructure projects, the Bank will rely on appraisal notes/due diligence carried out by FIs/recognized technical consultants/large banks as also carry out its own due diligence of the projects wherever feasible.
2.3.10.2. Financing of infrastructure projects is characterized by large capital costs, long gestation period and high leverage ratios. In order to facilitate free flow of credit to infrastructure projects, Banks can now sanction term loans to infrastructure projects within the overall ceiling of the prudential exposure norms. Further, subject to certain safeguards, banks are also permitted to exceed the single borrower /group exposure norm to the extent of 5% / 10% respectively provided the additional exposure is for the purpose of financing infrastructure projects.
Central Bank of India ________________________________________________________________ Loan Policy 14 2.3.10.3. RBI has put in place guidelines to accelerate credit disbursement to infrastructure. These guidelines cover criteria for financing, types of financing, appraisal, regulatory compliance/concerns, asset liability management, administrative arrangements and inter-institutional guarantees.
2.3.10.4. The overall exposure will be up to 35% of the gross credit outstanding as on last Reporting Friday of the quarter ending March, June, September and December (as per Industry Exposure Norms for the year 2012-13). The guidelines on financing of Infrastructure Projects have been given in Annexure-7.
2.3.10.5. Definition of Infrastructure Infrastructure would include sectors as may be notified by CBDT in the Gazette from time to time. As per RBI /2011-12/59 DBOD.No.Dir.BC. 6 /13.03.00/2011-12 July 1, 2011, any credit facility in whatever form extended by lenders to an infrastructure facility as specified below falls within the definition of Infrastructure financing. In other words, a credit facility provided to a borrower company engaged in: Developing or Operating and maintaining, or Developing, operating & maintaining i. A road, including toll road, a bridge or a rail system. ii. A highway project including other activities being an integral part of the highway project. iii. Port, airport, inland waterway or inland port. iv. A water supply project, irrigation project, water treatment system, sanitation and sewerage system or solid waste management system. v. A telecommunication services whether basic or cellular including radio paging, domestic satellite service (i.e. a satellite owned and operated by an Indian company for providing telecommunication service), Telecom Towers network of trunking, broadband and internet services. vi. An industrial park or special economic Zone. vii. Generation or generation and distribution of power including power projects based on all the renewable energy sources such as wind, biomass, small hydro, solar etc. viii. Transmission or distribution of power by laying a network of new transmission or distribution lines ix. Construction relating to projects involving agro-processing and supply of inputs to Agriculture. x. Construction for preservation and storage of processed Agro products, perishable goods such as fruits, vegetables and flowers including test facilities for quality. xi. Construction of Educational institutions and Hospitals xii. Laying down and/or maintenance of pipelines for gas, crude oil and petroleum pipelines. xiii. Any other infrastructure facility of similar nature
2.3.10.6. In the Budget of 2006-07, the Government has abolished Section 10 (23G) of the IT Act. Hence, tax breaks/benefits which were available to the Infrastructure companies as also to Banks are no longer available.
Central Bank of India ________________________________________________________________ Loan Policy 15 2.3.10.7. On a Selective basis, exposure may be taken in respect of technically feasible, financially viable and bankable projects, undertaken both by Public Sector as well as Private Sector undertakings either directly or through Special Purpose Vehicles (SPVs).
2.3.10.8. The exposure would be taken jointly with leading Term Lending Institutions/Banks in infrastructure projects.
2.3.10.9. Timely and adequate availability of credit is the pre-requisite for successful implementation of infrastructure projects. In view of the delay due to multiplicity of appraisals by every institution involved in financing, the Bank would broadly accept the technical parameters laid down by the Lead Financial Institution.
2.3.10.10. The finance would normally be extended by way of term loan. The Bank would not consider any Term Loan in lieu of or to substitute budgetary allocation. However, Term Loan to supplement the budgetary resources would be considered if such supplementing is contemplated in the project design.
2.3.10.11. Infrastructure financing should conform to prudential norms and Asset/Liability Management guidelines. Wherever possible, the facility of Take-out finance through IDFC/IIFCL or similar organizations would be availed.
2.3.10.12. The Bank may also avail of the refinance facility provided by IDFC/IIFCL as an alternative to Take-out finance whenever deemed fit by ALCO.
2.3.10.13. Hitherto, the promoters of infrastructure projects were required to bring in the Equity component from their own resources and the Banks were not permitted to extend finance for the purpose. However, as per the revised guidelines issued by RBI the Bank would consider extending finance for the acquisition of promoters share in an existing company which is engaged in implementing or operating an infrastructure project in India.
2.3.10.14. Normally in case of Toll based / Annuity based Road Projects or Sea Port Projects or Projects for construction of Airports, SEZs and other infrastructure projects of similar nature, security creation and charge creation usually takes a longer time. However, the lending banks obtain an assignment of all rights or interest in the project and project receivables / annuity etc. by virtue of Concessionaire Agreement and hence, such advance should be treated as Secured Advance.
2.3.11. Gems & Jewellery [Deleted from Thrust Area and shifted to Watch List.]
2.3.12. Food Processing Considering that the Government is giving emphasis on increasing investments in the Agriculture sector to give boost to the economy, the ancillary activity of Food Processing has also been encouraged. The industry is expected to grow in the near future driven by exports. The sector is slowly evolving to compete in the international markets with technology up gradation by several players. The Central Bank of India ________________________________________________________________ Loan Policy 16 Government has given a fillip to the sector in the budget of 2006-07 by giving Food Processing industry, a status of priority sector advance (earlier this was limited to the units with investment in Plant and Machinery up to Rs.1 crore in SSI sector). Considering the potential scope for financing in the said sector, since this industry will form part of our priority sector portfolio, the same has been retained as part of thrust area.
2.3.13. Biotech Biotech is another emerging sunrise industry, which is attracting fresh investments. In view of the scope and potential of the industry, the same has been continued in the thrust area.
2.3.14. Fast Moving Consumer Goods (FMCGs)
The expected rise in the disposable income of consumers is expected to induce consumer durable demand. In view of the expected demand and the change in habits of the Indian consumers, which will drive the said sector, it has been included under thrust area.
2.3.15. Auto Ancillary
2.3.15.1. India is clearly emerging as one of the key auto component centers in Asia and is expected to play a significant role in the global automotive supply chain in the near future. Indias automotive component industry manufactures the entire range of parts required by the domestic automobile industry. To meet international quality requirement and for tapping the global markets, the Indian auto ancillary units have entered into joint ventures with foreign companies.
2.3.15.2. In the budget for 2006-07, the Government has announced peak level duty reduction on components which is likely to result in a moderate pricing pressure on domestic manufacturers for OEM supplies (OEM demand accounts for 65 percent of the industry). Imports in the replacement market (accounts for about 18 percent of the industry) are unlikely to increase due to the levy of 4 per cent CVD. The expected increase in demand for cars, on account of the cut in excise on small cars will have positive impact on auto ancillary demand.
2.3.15.3. As there are opportunities to finance units in the said sector and in view of the industry positives it has been retained under thrust area.
2.3.16. Channel Financing / Vendor Financing / Dealer Financing 2.3.16.1. This is a concept of supply chain with the chain having three perceptibly distinct links - the pre-production, production and post production. There is a proper continuity and coordination of all related issues like delivery channels of goods, services and finances. The finances required for the organization transfused across the business cycles will have to be healthily circulated and supported, sustaining the supply chain of activities. This process of infusing the financial life blood across the supply chain is normally the gist of channel financing. Thus the focus of channel finance is to extend an integrated financial and commercial solution to the supply and distribution channels of a business unit.
Central Bank of India ________________________________________________________________ Loan Policy 17 2.3.16.2. Channel financing is a refinement upon the conventional financial support services for a Business Concern and adds value to the transaction for all the parties concerned.
2.3.16.3. The significant concept of channel financing is that the manufacturing business concern, who is the principal customer for a Bank identifies and suggests the names of his suppliers and dealers to the Bank and Bank makes a due diligence assessment of the suppliers/dealers standing and credit worthiness.
2.3.16.4. For the Bank, the benefits arising out of Channel financing are manifold. The Banks gets tailor made customers. Customer base is enlarged as the relationship banking gets bolstered. The lending activity and the loan origination process are greatly simplified. Working capital assessment would be easier and more of bill finance and less of traditional cash credit facilities would ensure better credit discipline. As the risk gets diversified and credit exposure norms are better observed, Bank will have convenient tool in managing its assets portfolio.
2.3.16.5. The Channel Financing opportunities lie mainly in the Steel belt cluster and the automobile manufacturing cluster. Bank will tap its existing corporate clients for business opportunities under the said segment.
2.3.17. In addition to the above, Bank will also endeavor to expand the credit portfolio through acquisition of assets by way of assignment of debts/Inter-Bank participatory Certificates (IBPCs), Novation, Securitized assets & Buyout of loans from other Banks etc.. This will be more desirable when the Bank is having surplus liquidity. a) Portfolio Buyout gives the Bank an opportunity to acquire quality assets, if decision is taken after proper due diligence. b) Some of the Private/ Foreign Banks, due to de-risking certain segments of their credit portfolio, paucity of funds & ALM mismatches/ issues etc., interested to securitize some of their assets as on date of Balance Sheet, for outright sale or by way of Inter Bank Participation Certificates. c) To deploy any surplus funds profitably and optimize loan books, Bank can undertake exposure by way of IBPC/ Assignment/ Novation of loans etc. d) The exposure under the IBPC/ Assignment/ Novation is to be undertaken only after due study of their past working results, financials and credit appraisal. e) In case of outright purchases of any loan asset eligible to be categorized under priority sector, shall be eligible for classification under the respective category of priority sector(direct or indirect), provided the loans purchased are eligible to be categorized under priority sector; the loan assets are purchased (after due diligence and at fair value) from banks and financial institutions, without any recourse to the seller; and the eligible loan assets are not disposed of, other than by way of repayment, within a period of six months from the date of purchase. f) Authority to approve the buyout is CACB/MCB. g) In the matter of Portfolio Buyouts, the guidelines issued by Retail Lending Department from time to time, shall be complied with.
2.3.18. Industries under Core Sector: 1.Steel 2. Cement & 3. Coal 2.3.19. Micro Finance Companies (As per Annexure-23) Central Bank of India ________________________________________________________________ Loan Policy 18
2.3.20 Financing Subsidiaries of our Bank:
a. Extending credits to the subsidiaries, engaged in onward lending, shall be at par with our lending to any other corporate. All the lending norms which are normally applicable to any corporate borrower shall also be applicable to lending to subsidiaries.
b. Regarding interest rate, it shall be as per the Credit Risk Rating. However, reduction up to 200 basis points from applicable rate of interest shall be at the discretion of Credit Approval Committee of the Board (CACB).
c. Further, the MCB has authority to decide any rate of interest, not less than Base Rate and permit any other deviations subject to compliance of RBI/ Statutory norms etc.
2.4. Watch List Areas 2.4.1. Considering the present economic scenario, certain industries are presently kept under watch list. The list of such industries is given hereunder. i. N.B.F.Cs. ii. Textiles (other than Cotton Textiles, 100% export oriented textile units and units exclusively engaged in Embroidery work) iii. Commercial Real Estate. iv. Gems, Jewellery & Diamond Regional Managers/ Zonal Managers may sanction proposals falling within their delegated powers without reference to Central Office in case of industries falling under Watch List except N.B.F.C., & Capital Market Exposures up to 31.03.2013 or till next revision of the policy. In case of Gems, Jewellery & Diamond accounts, Regional Managers/ Zonal Manages can renew existing limits; regarding fresh/ additional exposure, the same shall be considered upto their delegated lending powers, subject to availability of ECGC cover only.
In case of Cotton textile units and 100 per cent Export Oriented Textile unit delegatees can exercise their delegated power. In synthetic textiles, Regional Manager, Kota; Regional Manager, Surat; Regional Manager, Coimbatore and Chief Managers of Surat Main, S.D. Textile Market, Coimbatore, Peelamedu, Tirupur and Kovilpatti Branches are also permitted to consider proposals up to their delegated lending powers.
2.4.2.3. In case of Tiny / Village Industries / Small (Mfg.) Enterprises, a limit up to Rs.10 lakhs may be sanctioned by the respective Delegatees even though activity may fall under watch list.
2.4.2.4. In the case of NBFC Accounts the Zonal Managers/Regional Managers in the rank of DGM may review the existing limits falling within their powers including those accounts which fall within the powers of Regional Managers (in scale V) / Branch Managers in Standard accounts only, under intimation to Central Office. Fresh proposals and enhancement of limits in existing accounts can be considered only after obtaining in principle approval from Chairman and Managing Director / Executive Director. Central Bank of India ________________________________________________________________ Loan Policy 19
2.4.2.5. Leasing Companies: Advances to Leasing companies would be considered only on selective basis. The sanctioning powers in respect of such proposals shall rest with the Central Office. The bank finance for lease rentals could be either by discounting of bills or on the basis of declarations of the receivables (subject to 25% margin) furnished by the borrowing leasing companies. As banks can only support lease rental receivables arising out of lease of equipment / machinery owned by the borrowers, lease rentals receivables arising out of sub-lease of an asset by a Non-Banking Non Financial Company (undertaking nominal leasing activity) or by a Non-Banking Financial Company would be excluded for the purpose of computation of bank finance for such company. Though there is no maximum overall limit for lending, the lending by the Bank to individual Leasing borrower should not exceed 4 times its TNW. It should also be ensured that the total borrowing of the Leasing Company is not more than 10 times of their net owned funds.
2.5. Low Priority Areas
2.5.1 The concentration of the bank finance is to be decided in the Context of domestic, international, industrial, economic and technological development / trends. Keeping these aspects in view, as well as the overall objectives of the Bank, it would be necessary to decide the list of low priority loans. This list is to be revised from time to time. For the present the low priority loans are as under.
i. Manufacturing of Cigarettes ii. New Jute Mills iii. Plywood, Commercial and decorative Veneers. iv. Block Boards and Flush Doors. v. All Types of Rubber Based Beltings, PVC conveyer Belts and Fans and V-Belts.
2.5.2 In Principle Approvals from Central Office for enhancement of limits in existing accounts or for considering New Accounts falling under the industries / activities referred to in para 2.5.1 should be obtained from Chairman & Managing Director / Executive Director.
2.5.3 A quarterly review of the progress in different areas viz., Thrust area, retail credit, watch list and low priority category will be made by Zones and the same to be forwarded to Central Office for overall assessment of progress in the desired sector and for taking proactive measures. For this, a reporting statement is devised which should be submitted by all Zonal Offices to Central Office.
3. Restrictions on Lending (General Prohibitions)
3.1. In conformity with the statutory restrictions imposed by RBI, the bank would ensure that the following stipulations with regard to lending activities are adhered to:- 3.1.1. No loans/advances shall be granted against the security of Banks own shares. 3.1.2. No loans/advances shall be granted against gold/silver bullions. Central Bank of India ________________________________________________________________ Loan Policy 20 3.1.3. No loans/advances shall be granted to companies for buy-back of their own securities. 3.1.4. No loans/advances shall be granted against Certificate of Deposits. 3.1.5. No loans/advances shall be granted against the security of partly paid shares. 3.1.6. No loans/advances shall be granted:- 3.1.6.1.To partnership firms/Sole proprietor concerns against the primary security of shares/debentures. 3.1.6.2.For financing badla transactions. 3.1.6.3.Against FDRs / term deposits of other banks.
3.1.7. The bank shall not hold shares in any company whether as a pledgee / mortgagee or absolute owner, of an amount exceeding 30% of the paid up share capital of the company or 30% Banks paid-up share capital and reserves whichever is less. 3.1.8. The Bank shall not hold shares whether as pledgee, mortgagee or absolute owner, in any company in the management of which any Managing Director or Manager of the Bank in any manner concerned or interested. 3.1.9. No loans/advances shall be granted for setting up new units consuming /producing Ozone Depleting Substances (ODS). 3.1.10. Restrictions imposed by RBI on granting of loans and advances and issue of guarantees on behalf of its Directors or other banks Directors including Scheduled Co-operative Banks or their relatives, any firm/company in which any of other banks directors is interested as partner/director, manager, employee or guarantor shall be strictly adhered to as detailed in Annexure - 2. 3.1.11. Letter of Credit and Purchase/Discount/Negotiation of bills under LCs shall be considered only in respect of genuine commercial trade transactions of the borrower constituents, who have been sanctioned regular credit facilities by the Bank.
3.2. On the basis of past practice financing of certain activities are restricted / regulated. 3.2.1. Lending for liquor trade shall be sanctioned only at Regional/Zonal Office.
3.2.2. Lending to Transport Operators shall be allowed by Regional Offices selectively at branches which have a good track record of recovery after getting the approval of such branches from the Zonal Office.
4. Credit Administration 4.1. Time norms for disposal of credit proposals and Credit refusal: Bank has laid down a transparent Fair Practices Code approved by the Board as envisaged by RBI. The Bank shall comply with the guidelines relating to issue of acknowledgement for receipt of proposals and time norms for processing and disposals as contained in the Fair Practices Code formulated by the Bank, which is in force. 4.1.1. All Loan Application Forms should contain information about the fees/charges, if any, payable for processing, the amount of such fees refundable in case of non- acceptance of application and pre-payment option, if any. 4.1.2. Reasons for rejection of loan applications for all categories of borrowers, irrespective of any threshold limit to be conveyed. Central Bank of India ________________________________________________________________ Loan Policy 21
4.2. The time frame for disposal of the proposals at each level is given below: 4.2.1. As per RBI instructions all loan applications up to Rs.25,000/- should be disposed within two weeks of receipt of application complete in all respect. 4.2.2. Similarly, application in respect of loans above Rs.25, 000/- and up to Rs.5 lakhs should be disposed off within a period of 4 weeks of receipt of application complete in all respects. 4.2.3. All applications in respect of loans above Rs.5 lakhs should be disposed off as per the time frame given hereunder: i. Branch Office Level: Credit proposals received at branch shall be disposed of/ recommended to the higher authority by the Branch Manager within 15 days maximum from the date of receipt of proposals complete in all respects. ii. Regional Office Level: Credit proposals received at ROs shall be disposed of/ recommended to next higher authority by the Regional Manager within 15 days from the receipt of proposal at Regional Office. iii. Zonal Office Level: Credit proposals received at Zonal Office shall be disposed of/recommended to next higher authority by the Zonal Manager within 15 days from the receipt of proposal at Zonal Office. iv. Central Office Level: Proposals falling within the powers of GM/ED/CMD should be disposed of within 15 days and in case of proposals falling under the powers of Management Committee (MC) should be cleared with in a period of one month (depending upon the schedules of M.C. meetings.) v. Monitoring of Credit proposals received for approval/ sanction: (a) All Loan proposals which are to be approved at Central office level may be reviewed on a fixed day by the CMD and EDs together in order to ensure that there is no pendency of proposals above the stipulated period. While reviewing, the CMD and EDs may discuss the same with the field functionaries/officers through video conference for instant feedback. (b) All loan proposals which are to be approved at the Zonal office level may be reviewed by the Zonal Managers on a fixed day in a week so that there is no pendency over the stipulated period of days. All loan proposals which are to be approved at the Regional Office or Branch level may be reviewed by the Regional Managers on a fixed day in a week so that there is no pendency of proposals over the stipulated period in the case of Regional Office/Branch as the case may be. (d) The loan applications which are pending for want of response /information from different State Governments, whether to be approved at Central Office level or Zonal Office/Regional Office level, may be followed up by the concerned Zonal/Regional Office with the respective departments of the State Governments for expeditious clearance. Matters relating to applications to be disposed of by Branch Managers, may be taken up by the Branch Managers in District Coordination Committees on a monthly basis. (e) Zonal Office, where there is no Zonal Office Regional Office in a state may take up with State level Bankers Committee to get requested the Chief Secretaries of the respective states for expeditious clearance of the projects coming up in the State where bank has sanctioned the projects but disbursement is pending for want of clearance.`
4.2.4. Export Credit Proposals Normal Gold Card Holder i) Fresh / Enhancement Proposals 45 days 25 days ii) Renewal Proposals 30 days 15 days iii) Adhoc facility 15 days 7 days Central Bank of India ________________________________________________________________ Loan Policy 22 iv) The export credit proposals shall be disposed of within the time frame as above or within the time norms stated in para 4.2.1 to 4.2.3 which ever is earlier.
4.3. In case of large borrowal accounts, the proposals as far as possible be jointly processed by Branch / Regional Office / Zonal Office so as to reduce response time.
4.4. The Branch/recommending authority may send the proposals directly to sanctioning authority under copy to immediate controlling office for their comments and further recommendation. Every proposal must have a flow chart, clearly indicating the date of receipt of proposal, date of forwarding the proposal to higher authority, date of disposal of the proposal. Proposal received without flow chart should be returned to the forwarding office. Delay in processing and disposal of proposals must be avoided at all levels.
4.5. In case of rejection of proposals relating to Exports, Educational Loans & proposals of SC/ST applicants it shall be referred to the next Higher Authority.
4.6. Proper sanction registers have to be maintained giving clear indications of the movement of proposal till final decision / disposal.
4.7. All sanctions and rejections are to be reported every month to the next Higher Authority. All rejections should be reviewed by the next higher authority with full details.
4.8. In case of rejection, applicants should be intimated reasons for rejection.
5. Credit Sanction Procedures Following shall be the procedure for Processing, Sanctioning, disbursing of a credit proposal.
5.1.Pre-Sanction:
To obtain an application for credit facilities from the borrower on the prescribed format along with photograph of borrower/guarantor/promoter in terms of KYC norms.
To obtain and satisfy about status report from the present bankers (for new accounts) preferably before sanction or at least before disbursement.
To obtain statements of assets and liabilities, of the firm / company / directors, partners etc. and to verify the same with evidence namely Income Tax Returns, Wealth Tax Returns, Sales Tax Returns etc.
To conduct preliminary investigations as to the borrowers antecedents, standing, integrity, knowledge and experience in the field of activity.
Scrutiny of the financial statement and other information, submitted by the borrower to ascertain the feasibility, technical, financial and economic viability of the proposal. Central Bank of India ________________________________________________________________ Loan Policy 23
To ascertain whether proposal is within the banks lending policy.
To ascertain whether the security offered is on the Banks approved list and its marketability, transferability, storage etc.
Pre-sanction inspection of the project preferably before sanction / recommendation to the sanctioning authority or at least before disbursement wherever required.
To discuss with the party to obtain additional information.
All proposals should contain Turnaround Time Tracker (i.e., Flow Chart).
5.2. Process of Due Diligence
5.2.1. Interview/discussion with the applicant : The Bank shall carry out discussion with the applicant borrower and ascertain the past track record, activities presently undertaken, associate/group concerns, details about the proposed project such as infrastructure arrangements, forward and backward linkages, sources of margin arrangement for financial tie-up, procurement of raw material, selling and marketing arrangement etc. The inputs through the process of discussion should help the Bank in taking a decision whether or not to take up the case for evaluation.
5.2.2. Industry Prospects: The Bank shall ascertain information like present state and future prospects of the particular industrial activity in which the constituent is engaged duly taking into account the market environment demand-supply position/major competitors/market share/position of the constituent in the respective industry.
5.2.3. Financial Statements: The Bank shall analyse the financial statements of the constituent/ income/wealth tax returns/assessment orders of the constituent/guarantors. These statement/documents shall throw light on growth in sales, profitability, cash accruals, tangible net worth position, investment in associates, term liabilities, repayment commitment under term loans in relation to cash accruals etc. The auditors notes to the account shall reveal the accounting practices followed by the business entity, details of contingent liabilities including guarantee obligation, claims relating to income tax/sales tax/excise duty/custom duty pending in the courts/tribunals. The information gathered as above shall enable the Bank to get an idea on the business ethics adopted by the constituent and to take a decision whether or not to have dealings with the constituent. Information on the associates may also be ascertained.
5.2.4. Market Information
5.2.4.1 Opinion about the applicant/associate shall be collected by making market enquiries with people in similar line of business / buyers / suppliers / competitors / employees etc. Where the Bank has fully functional Credit Information Dept., market opinion Central Bank of India ________________________________________________________________ Loan Policy 24 reports should be called from the said department besides making independent market enquiries.
5.2.4.2 Even in the case of existing information on the constituent through market information reports appearing in the local press/newspapers/business magazines/contacts with Government officials / Businessmen / Banker-colleagues / credit rating agencies, the Bank shall keep abreast with the market.
5.2.4.3 In the case of small borrowers, the Bank shall ensure that the individual resides/ undertakes activity within the command area of the branch and his address shall be got confirmed. Further discreet enquiries shall be made with nearby residents/business establishments/employer/colleagues on the standing/credit- worthiness of the borrower.
5.2.4.4 The due diligence certificate which should include the reference from whom discreet enquiries about the company/promoters were made will form part of the appraisal note.
5.2.5. Confidential Opinion from existing Banker
Efforts to be made to obtain Confidential Opinion from the existing banker in all new connections. Efforts shall also be made to gather full information on the credit facilities sanctioned, conduct of account, submission of data/ information etc. The Bank may also examine the account statements of the previous banker to confirm satisfactory past dealings and operations.
5.2.6. Pre-sanction visit to the applicants place
Pre-sanction visit to the applicants place shall be undertaken to confirm the existence of the unit as well as the assets offered as prime/collateral security and their acceptability. The visit shall also be used to understand the trade practices / manufacturing process of the unit / interact with the employees / other relevant persons to collect purposeful information.
5.2.7 It will be the primary responsibility of the recommending authority / authorities to verify the antecedents / credit information of the borrower, acceptability of security and proper analysis of the financial indicators and correctness of information given in the proposal based on which sanctioning authority will take final decision after ensuring / examining policy compliance and conformity with overall Corporate Policy.
5.3. Appraisal (Appraisal Standards)
5.3.1. All credit proposals received from the parties shall be properly appraised at the branch level and also at respective delegatees level taking into consideration the credit worthiness of the borrowers, their business experience and activities, the financial ratios of the borrowers, the purpose and need for the credit and giving justification for the credit.
Central Bank of India ________________________________________________________________ Loan Policy 25 5.3.2. While considering fresh / new credit proposals the following Financials shall be kept in view. a. Current Ratio 1.33 b. Debt-Equity Ratio (TL) 3:1 c. Debt Service Coverage Ratio (Average) 1.5 d. Interest Coverage Ratio 2:1 e. Asset Coverage Ratio 1.5:1
- Normally the Current Ratio should be 1.33. However, in case of borrowers having satisfactory track record and other financials, CR up to 1.17 shall be acceptable. However, authority to consider proposals with CR of below 1.33 will be as under: - Up to 1.25 Zonal Managers / DGM of CFBs / RMs. - Less than 1.25 at Central Office. - In case of accounts where MPBF is ascertained on the basis of Turnover Method or Ist Method of lending, Current Ratio up to 1.17 and in case of seasonal industries like sugar, Tea, Coffee etc. Current Ratio up to 1.00 may be accepted. - In case of export finance where Packing Credit is sanctioned at 10% Margin and Bills Discounting (EBD/EBP) facility at Nil Margin, we may accept Current Ratio not below 1.00. - Minimum D:E Ratio for a company should be 2:1. However, for Infrastructure finance to SPVs the minimum DER shall be 70:30 or such other ratio as may be prescribed by IIFCL in case of refinance availed of from them or as per Govt./RBI advice.
- In case of Consortium or Syndication financing, we may accept DE Ratio as accepted by all other lenders.
- For other projects & non project related capex: DER up to 4:1 can be allowed subject to condition that DER for the company as whole, taking in to account the proposed loan, does not exceed 3:1.
In case of Infrastructure and Capital Intensive projects like Road, Port, Airport, Power sector, SEZ etc. Debt: Equity ratio up to 5:1 may be accepted.
Powers to consider proposals with D:E ratio in excess of 3:1 shall rest with Central Office.
TNW: Bank Credit should be reckoned with all borrowings from the banking system and not only our Banks loan/Financial Assistance.
In case of Housing Finance Companies TNW: Bank Credit ratio will be quite high, looking to the nature of their business and Financial Pattern, such cases may be referred to CACB/MCB for consideration.
Normally Net Worth to Bank Borrowings ratio shall be 1:4. However, deviation up to 1:6 can be allowed by next higher authority not below the rank of Zonal Manager in case of Manufacturing & Trading accounts. In case of NBFCs/Micro Finance Cos, normally acceptable ratio will be 1:6. However, Deviation beyond 1:6 may be allowed by CACB/MCB.
Central Bank of India ________________________________________________________________ Loan Policy 26 For arriving at asset coverage ratio, value of all tangible assets i.e. Primary & Collaterals charged to the Bank shall be taken into account.
The ratios mentioned above shall normally be observed. However, in case of Syndication, Consortium or Multiple Banking arrangement, ratios accepted by the consortium or by major banks under syndication / multiple banking shall be accepted by the bank and such cases shall not be construed as deviation from the Loan Policy.
D.S.C.R: Though ideal ratio would be 1.5, a proposal with average DSCR of 1.40 may be accepted if other financials of the project are found to be satisfactory and it stands the test of sensitivity analysis with minimum average DSCR of 1.20. However, proposals with DSCR of below 1.5 shall be considered at Central Office level only.
Asset Coverage Ratio: Normally ACR should be 1.5. However, in exceptional cases, ACR up to 1.20 will be acceptable. Authority to consider proposals with ACR of below 1.5:1 will be:
Up to 1.33:1 Zonal Manager/DGM, CFBs & RMs. Less than 1.33% - at Central Office only
5.3.3 (i) In exceptional cases, the sanctioning authority can deviate from the above norms with proper justification. While reporting to the Controlling authorities, specific mention should be made in the Control Return - Annexure II, Statement of sanctions done by the concerned delegated authority within the lending powers, about such deviation/s. (ii) In respect of sanctions by Credit Approval Committee of the Board (CACB), it can deviate from the above norms of Appraisal Standards with proper justification.
5.3.4 In the case of New Accounts where no past financials are available, the spirit of the above ratios should be kept in mind and it should be ensured that the Debt-Equity and Asset coverage ratios are complied with. The other ratios projected are also strictly as per the ratios given herein above.
5.3.5 Credit Information Bureau (India) Ltd. - (CIBIL)
5.3.5.1 Credit Information Bureau (I) Ltd. has been set up in January 2001 and is established with the primary purpose of information sharing between Banks and Financial Institutions for curbing the un-desired growth of NPA. 5.3.5.2 Banks are required to provide periodical information on suit filed accounts of Rs.1 crore and above, list of suit filed and willful defaulters of Rs. 25 lacs and above. 5.3.5.3 Banks/FIS/SFCs are also to submit information of non-suit filed accounts also to CIBIL in the prescribed format, so as to make CIBIL fully operational. 5.3.5.4 The necessary information along with the formats has been sent to the branches for furnishing information on ongoing basis. The branches shall take necessary steps to quickly and regularly furnish the information in the prescribed format to DIT, Central Office for onward submission to CIBIL. 5.3.5.5 It is mandatory to obtain consent letter from all the borrowers to submit information to CIBIL as stated in para 5.3.5.2 & 5.3.5.3. Central Bank of India ________________________________________________________________ Loan Policy 27 5.3.5.6 The Bank shall obtain reports from Credit Information Bureau (India) Ltd. (after the latter is fully operationalised) on the credit facilities enjoyed by the constituents as well as the status of the accounts.
5.3.6 RBI Defaulters List: Reference to defaulters list/willful defaulters list/Caution list/Exporters Caution List, Specific Approval List (SAL) of ECGC to be made part of the Process Note at all levels. Defaulters List /willful Defaulters List/Caution List are being made available to the branches by way of Circulars. Exporters Caution List/Specific Approval List is being made available by circulars to controlling offices and Foreign Exchange dealing branches. Branches/Offices are required to ensure that the above lists are referred to while submitting credit proposals. In case the names of Directors appear in the said list, the following policy is to be adopted.
5.3.6.1 Credit facilities to companies whose directors are in the defaulters list of RBI or appearing in CIBIL data as defaulter. The Directors of the Company may be classified as promoters/elected professionals/nominees/honorary directors. RBI has been collecting and circulating information on defaulting companies. Though RBIs defaulters list is given due cognizance in the appraisal process, a general policy on the issues relating to sanction/continuation of credit facilities to such companies whose directors are in the RBIs defaulters list or appearing as defaulter in CIBIL data, needs to be put in place. Accordingly, it has been decided to adopt the following approach. Delegates as per the lending power delegated to them may take appropriate decision on the basis of the guidelines given.
Director of applicant company if Our Approach a. Promoter Director of a defaulting company b. Director of a defaulting company having a role in the day-to-day affairs of its management
No adhoc/ enhancement/ additional new credit facilities to be sanctioned to the applicant company till the names are removed from the defaulters list by RBI In case the performance and conduct of the accounts of the applicant company are otherwise satisfactory, renewal/ continuation of the limit at the existing levels may be considered.
c. Promoter Director of a defaulting company or director of a defaulting company having a role in day to-day affairs of its management, but who has resigned from the Board to circumvent any obstacle in getting credit. No adhoc / enhancement / additional / new credit facilities to be sanctioned till the names are removed from the defaulters list by RBI. In case the performance and conduct of the accounts of the applicant company are otherwise satisfactory, renewal/ continuation of the limit at existing levels may be considered. d. Director in a defaulting company, but not connected in any way with its day- to-day management. Proposals to be considered on merits. If the defaulting company is an associate/ subsidiary of the applicant company or a Central Bank of India ________________________________________________________________ Loan Policy 28 group company, approach mentioned in a & b above may be followed. Nominee / professional / honorary director of a defaulting company, including associate/group/ subsidiary company. Proposal to be considered on usual parameters as these directors are in their professional/honorary capacity Promoter / nominee / professional honorary director as in a to d above but whose names are yet to be included in RBIs defaulters list (as the list is published by RBI only once in three months). The above approach may be followed in such cases also, if information is available.
5.3.6.2 Management Committee of the Board may consider the proposals in cases where the names of proprietors / partners /etc are appearing on RBI defaulters list taking an overall view of the case.
5.3.6.3 As regards credit facilities to companies, whose directors are in the willful defaulters list of RBI, Bank would follow guidelines issued by RBI from time to time.
5.3.6.4 The above policy on defaulters will be broad framework for sanction/continuation of credit facilities to companies whose directors are in the RBIs list of defaulting borrowers /FIs with dues of Rs.1.00 crore and above. CIBIL is presently displaying the updated list of Willful defaulters (suit filed) on its website, which is updated from time to time. RBI circulates to banks list of Willful Defaulters (non- suit filed) on a quarterly basis.
5.3.6.5 Willful default & action there against: - Bank would endeavour to fully comply with RBI guidelines on willful defaulters and action there against in terms of RBIs definitions of willful default, diversion & siphoning of funds and end use of funds. The penal measures would be made applicable to all borrowers identified as willful defaulters or the promoters involved in diversion/siphoning of funds with outstanding balance of Rs.25.00 lacs or more without any exception. Similarly, the limit of Rs.25.00 lacs will also be applied for the purpose of taking cognizance of instances of siphoning and diversion of funds.
5.3.6.6 Where a letter of Comfort or guarantee furnished by the companies within a Group in favour of a willful defaulting unit is not paid when invoked by the Bank, such Group companies also may be reckoned as willful defaulters.
5.3.6.7 In cases of project financing, Bank would endeavour to ensure end use of funds by, inter-alia, obtaining certification from Chartered Accountants. In case of short term corporate/clean loans, such an approach would be supplemented by due diligence on the part of the Bank. It shall be endeavour of the Bank to ensure that such loans are limited to borrowers whose integrity and reliability are above board. The Bank shall also endeavour to comply with the measures advised by RBI for monitoring and ensuring end use of funds. Bank will also retain the right to get investigative audit conducted whenever it is prima facie satisfied that there is a case for such investigative audit to detect siphoning /diversion of funds or other malfeasance. Central Bank of India ________________________________________________________________ Loan Policy 29 5.3.6.8 No additional facilities shall be granted by the bank to the listed willful defaulters. Further, entrepreneurs/promoters of companies where the Bank has identified siphoning/diversion of funds, misrepresentation, falsification of accounts and fraudulent transactions shall be debarred from Bank finance for floating new ventures for a period of 5 years from the date the name of the willful defaulter is published by RBI/CIBIL.
5.3.6.9 The legal process, wherever warranted, against the borrowers/guarantors and foreclosure of recovery of dues should be initiated expeditiously. The Bank may also initiate criminal action against willful defaulters, wherever deemed necessary.
5.3.6.10 Where FIs have significant stake and where the FIs take effective steps for removal from the Board of a borrowing unit, a person identified as willful defaulter, the Bank shall also proactively support such steps. 5.4. Proposal should clearly indicate the need-based requirement of the borrower for Bank finance and the rationale for recommendations.
6. Credit Rating 6.1 As the Risk Management Department has since developed Credit Rating Tool to facilitate credit rating of all types of accounts, all eligible borrowal accounts are to be rated on the rating tool developed for that purpose. Details of rating tools applicable for each type of account has been furnished under para 17.3. 6.2 The credit facilities meant for export would also be subjected to credit rating. However, the rate of interest for export account would be governed by the RBI / ID guidelines from time to time. CACB/CMD and ED shall have discretion to consider ROI lower than relevant rate as per RBI / ID guidelines on case to case basis. The Rating, however, shall be used for charging interest on overdue Pre & Post shipment finance. 6.3 The periodicity of Credit Ratings covered under para 6.1 would be on yearly basis. However, the accounts may be re-rated on the basis of latest financial statements / data or developments in other material facts. 6.4 The accounts falling under the powers of Central Office authorities would be subjected to independent re-rating by Credit Risk Management Department (CRMD) at Central Office. 6.5 The Rating as arrived at by the CRMD would be final. However in case of any dispute about rating given by CRMD, the issue would be resolved by Credit Committee which will be headed by Executive Director and GM Credit & GM CRMD would be the other members of the committee. 6.6 The Risk grades allocated to various ratings are as under: CREDIT RATING RISK RATIONALE CBI 1 Highest safety CBI 2 Very High Safety CBI 3 High safety CBI 4 Adequate Safety CBI 5 Moderate Safety CBI 6 Sub-Moderate Safety CBI 7 Inadequate Safety CBI 8 High Risk Prone CBI 9 Vulnerable to Default CBI 10 Default /Grade Central Bank of India ________________________________________________________________ Loan Policy 30
6.7 The Risk hurdle rate is as under:
6.7.1 In case of new accounts the financial and overall rating should be minimum CBI-6. (in respect of Take over, it should be minimum CBI-5)
6.7.2 In case of enhancement in limits in existing accounts, the Financial rating should be Minimum CBI-6 and overall rating should be minimum CBI-7
6.7.3 In case of any deviation the proposal can be approved by a delegatee not below the rank of Zonal Manager/Regional Manager in Scale VI up to one notch below the stipulated hurdle rate for the proposals falling within the powers of Regional Manager (Scale V) and below. In case of proposals falling within the delegated lending powers of Zonal Managers/ Regional Manager in Scale VI, they can approve such deviation. However, while giving clearance/approval it should be ensured that the proposal carries intrinsic strength to indicate that it will be able to attain the hurdle rate within a reasonable time.
6.8 All SME accounts to be credit rated and to be given weightage based on the prescribed criteria and assigned Credit Rating as per the system given under para 6.8.1 below.
6.8.1 Credit Rating: For rating of SMEs in the manufacturing and services sectors and also for Micro & Small (MSE) accounts with limits over Rs.2 crore, SME model to be used. For MSE accounts with limits up to Rs.2.00 crore, manual scoring model viz, MSE-I & MSE-II, circulated vide RMDs Circular No.583 dated 10.12.2009 should be used.
6.8.2 The total number of weightage marks obtained by the concerned borrower, the borrowers would be rated as under:
Weightage Category Those who are above 90% CBI - 1 Those who are between 85% to 90% CBI - 2 Those who are between 80% to 84% CBI - 3 Those who are between 70% to 79% CBI - 4 Those who are between 60% to 69% CBI - 5 & 6** Those who are between 56% to 59% CBI - 7 Those who are between 51% to 55% CBI - 8 Those who are between 45% to 50% CBI - 9 Those who are below 45% CBI - 10 ** The differentiation of weightage separately for CBI 5 & 6 shall be communicated by CRMD.
6.8.3 The credit rating as per the system is to be done by the Branch on yearly basis based on the parameters given in Rating System. The Rating as arrived at by the Branch is to be confirmed by a Competent Authority as mentioned below on yearly basis:
Central Bank of India ________________________________________________________________ Loan Policy 31 Sanctioning Authority Confirming Authority Branch Managers up to Scale III &CM Regional Manager (in Scale V) Asst. Gen. Manager, Dy.General Manager Regional Manager (Scale VI)/ Zonal Manager/ZM in Scale VII
6.8.4 Credit rating is made compulsory as per the risk management framework being adopted by the Bank, all the borrowers would have to be rated. In other words the following segments which were previously not covered under the rating system will also have to be credit rated in terms of the guidelines given in the preceding para: 6.8.4.1. Advances against securities falling under the purview of Selective Credit Control. Advances to public procurement distribution agencies. Finance for lease and Hire Purchase Business and NBFCs. Trading and other non-manufacturing companies. All new borrowal accounts. 6.8.4.2. Advance against SV of LIP, Trustee Securities like NSCs, KVPs, Govt. Pro-Notes etc. need not be credit rated. 6.8.4.3. Similarly advances against Banks time deposit (domestic as well as Non-resident deposits) including third party deposits for personal needs (other than business requirements) need not be credit rated.
6.9 Pricing 6.9.1 In respect of pricing, Base Rate System is introduced w.e.f. 01.07.2010 which replaces the existing Bench Mark Prime Lending Rate. Circulars issued by our Risk Management Deptt., on BASE RATE & subsequent changes as advised by them as per decision taken in ALCO meetings from time to time will be followed for pricing of credit facilities linked to Base Rate (w.e.f. 1-7-2010) During the transition period upto December 2010 or such other extended period as may be permitted by RBI, breach of ROI as per the Base Rate model computations may be permitted in such cases where there is need to confirm to other members of the Consortium/Multiple Banking & Loss of business feared and other relevant factors in terms of norms approved by ALCO.
6.9.2 Authority to modify the rate of interest and other charges in respect of consortium/ syndicated loans shall rest with CACB. However, decision will be based on Credit Rating of the borrower, Risk perception, prevalent market conditions, availability of collaterals etc.
6.9.3 CACB shall consider short term loans at interest rates lower than Working Capital rates in respect of clients rated minimum B+ (Adequate safety) even though working capital limits are not fully utilized However, decision will be based on Credit Rating of the borrower, Risk perception, Prevalent market conditions, availability of collaterals etc.
6.9.4 CACB shall waive/ reduce additional interest for non compliance of Terms and conditions including External, Risk Rating, Due Diligence Report on case to case basis. Central Bank of India ________________________________________________________________ Loan Policy 32
6.9.5 CACB shall modify the following in respect of debts underwritten and also on hold on position:
a) To modify Rate of Interest b) To modify underwriting fee c) To modify other terms and conditions except security subject to reporting of the same to MC of the Board by monthly statements.
6.10 Customer Profitability Analysis.
6.10.1. The Bank shall evaluate the overall customer relationship taking into account the ancillary business passed on to the Bank viz. bills lodged for collection, remittances routed, float funds/deposit provided, salary accounts of workers/office staff, Debit/Credit/Prepaid cards sold, Gold Coins purchased by borrower, ATM/Br. Premises offered, Vendor Financing & Dealer Financing opportunities available etc.
6.10.2. Deleted
7. Policy Compliance
The appraisal memorandum shall also contain a confirmation to the effect that the proposal conforms to the extant policy guidelines. In case of any deviations, the exact nature of the deviations vis--vis the policy guidelines, justifications for recommending the proposal despite deviations and approval powers of sanctioning authority in such cases shall be clearly spelt out.
8. Exposure Norms
8.1. Prudential Exposure Limits. One of the tenets of Prudential Risk Management is to diversify the exposure both in respect of borrowers and industry business sectors.
8.1.1. In line with RBI directive the exposure norm for single and group borrowers is as under.
Ceiling as % to Banks Capital Funds Category of Borrower Other than Infrastructure For Infrastructure Projects Single Party 15% 20% Group 40% 50%
8.1.2. In respect of Oil Companies who have been issued Oil Bonds (which do not have SLR status) by Govt. of India, the exposure limit will be 25% of Capital Funds. In addition to this, in terms of paragraph 2.1.3 of RBIs Master Circular dated 29.05.2008, we may, in exceptional circumstances, as hitherto, consider enhancement in the exposure to Oil Companies by a further 5% of Capital Funds.
Central Bank of India ________________________________________________________________ Loan Policy 33
8.1.3. The capital funds represent total capital i.e. Tier-I and Tier-II capital as defined under Capital Adequacy Standards.
8.1.4. Reserve Bank of India has discontinued the practice of case-to-case basis approval for exceeding the single and group borrower risk exposure ceiling as detailed in 8.1.1. However, in exceptional circumstances, with the approval of the Board, Bank may consider enhancement of the exposure to a borrower up to a further 5% of capital funds subject to the borrower consenting to the Bank for making appropriate disclosure in Banks annual reports.
8.1.5. EXEMPTIONS under Exposure to Single / Group Borrower:
a) The ceilings on single / group exposure limits would not be applicable to existing / additional credit facilities (including funding of interest and irregularities) granted to weak / sick industrial units under rehabilitation packages.
b) Borrowers to whom limits are allocated directly by the Reserve Bank of India for food credit would be exempted from the ceiling.
8.2. Exposure on Other Banks
The exposure limits are being reviewed on yearly basis based on changes in financial parameters of banks/FIs. As per guidelines, the risk exposure on banks in respect of credit sanctions and the ceilings for the same have been determined within the overall umbrella limits fixed for individual Banks. The aggregate exposure to such institutions is monitored at the corporate level. Loans to Banks / FIs should be selective, based on their fundamentals and minimum risk rating CBI-4 for a period not exceeding 12 months with a provision of roll over depending on case to case basis. Central Bank of India ________________________________________________________________ Loan Policy 34
For arriving at the quantum of loan the following module approaches to be adopted.
Note: Management committee of the Board will have full powers to exceed the limits.
8.2.1. Exposure on Issuing of Guarantees favouring other Banks / FIs and Other Lending Agencies:
Rs in Crore Parameters Weightage Score % 5 4 3 2 1 CAPITAL Net Owned Fund (Rs Cr) 10 >4001 3001-4000 2001-3000 1001-2000 <1000 Capital Adequacy Ratio (%) 10 >12 11.-12 10.-11 10.-9 <9
MANAGEMENT Ownership 10 Govt. New private Foreign Old Private Co-op Bk. EARNING ROA(%) 10 >1 0.75-1.0 0.50-0.75 0.30-0.50 <0.30 LIQUIDITY Outflow in 1-14 days as % of Total Assets 5 <10 15.-10 15-20 20-25 >25 NPA Gross NPA to Net Advances 5 <5 7.-5 7.-8 8.-9 >9 Net NPA to Net Advances 10 <3 3.-- 4 4.-- 5 5. - 6 >6 Net NPA to Capital & Reserve 10 <15 15 - 20 20 - 25 25 - 30 > 30 Deposits Size (Rs in Cr) 10 >50000 40001-50000 30001-40000 20001-30000 <20000 Growth (%) 5 >20 15.-20 10.- 15 5. - 10 <5
Mechanism for arriving at the Loan Amount
Step 1 Scores as per the individual parameter to be assigned.
Step 2 Scores thus arrived has to be multiplied by corresponding weightage factor and thereafter added together.
Step 3 Net amount thus arrived has to be divided by total of weightage factors I.e., 100.
The figure thus arrived can be considered as multiplying factor of Rs.100 Crore for arriving at the loan amount. Central Bank of India ________________________________________________________________ Loan Policy 35
Prudential Limits:
8.2.1.1. Prudential limits for Guarantees in favour of other Banks/FIs and other Lending Agencies, on behalf of the borrower are to be linked to Tier-I Capital of the Bank.
8.2.1.2. Exposure limit per borrower for issue of guarantee favouring other Banks/FIs/Other Lending Agencies shall be 10% of Tier I capital of the Bank.
8.2.1.3. The aggregate exposure for such guarantees shall not exceed 50% of Tier I capital of the Bank.
8.2.2. Lending Against Guarantees of other Banks / FIs / Other Lending Agencies.
8.2.2.1. The exposure limit per Bank/FIs/Other Lending Agency assumed by way of credit facility extended against guarantees shall not exceed 10% of the Tier-I Capital of the Bank.
8.3 Credit Exposure
8.3.1 The idea of determining the exposure limits is to ensure that the bank does not get over exposed to a particular borrower / group of borrowers or in a particular activity or industry.
For the purpose of deciding the maximum exposure, the limits are fixed in the following categories:
i) Borrower-wise ii) Industry and activity wise iii) Zone wise
8.3.2 Borrower-wise
8.3.2.1. The banks exposure to various types of borrowers will also relate to the net worth of the borrowers. The ratio for the net worth to the bank credit of the borrower shall not normally exceed 1:4 except in consortium accounts where the norms will be as decided by consortium. However, deviation to the extent of 1:6 can be allowed by the next higher authority not below the rank of Zonal Manager in case of Manufacturing & Trading accounts. In case of NBFCs / Micro Finance Companies, normally acceptable ratio will be 1:6. However, Deviation beyond 1:6 may be allowed by CACB/MCB. In respect of sanctions by Credit Approval Committee of the Board (CACB), deviations beyond 1:6 may be admitted by itself.
8.3.2.2. Unsecured borrowings from proprietors / partners / directors and their relatives / friends with an undertaking not to withdraw the same during the currency of bank loan may be treated as quasi-capital, provided such borrowings are non-interest bearing. If it is interest bearing the borrowings may be treated as Quasi Capital, provided borrower gives an Undertaking to retain such unsecured loans in the Central Bank of India ________________________________________________________________ Loan Policy 36 business till currency of our bank advance and no interest shall be paid if any of our dues remain unpaid.
8.3.2.3. Borrower constitution wise credit exposure: In addition to above, the exposure limits for the different categories of borrowers are decided by Central Office, keeping in mind the credit deployment policy of the bank. The borrower exposure caps are as under: [Rs.in crore] Borrower category Exposure at entry level (New A/Cs)
8.3.2.3.i In case of existing accounts having satisfactory dealings for the last five (5) years and having minimum credit rating of CBI5, Zonal Managers / Regional Managers in the rank of DGM /DGM of CFBs and above are authorised to take additional exposure to the extent of 25% of above mentioned limits.
a) The above will be as per the lending powers of various delegatees. b) Exposure beyond above mentioned levels at (i), (ii), (iii) & (iv), with exception to provision contained in para 8.3.2.3.i above, are to be treated as deviation, which shall be approved by CACB & Managing Committee of the Board have full powers. However CACB is permitted to sanction credit proposals beyond the above mentioned exposure levels depending upon merit on case to case basis.
c) The above exposures are subject to norms on individual borrower, group of borrowers and industry / activity-wise exposures etc. as directed by RBI/ Govt. /Other Statutory Authorities from time to time. . 8.3.2.3 ii. Eligibility of Trusts: For the purpose of availing loan facility;
i) Trust must be registered with Charity Commissioner. ii) Trust Deed must provide for adequate borrowing authority to the Trustee/s and also permit him / them to stand as personal guarantor/s, incase of need. iii) The Trust Deed provision should be thoroughly vetted by Panel Advocate / Law Officer to ensure the above. iv) Purpose of loan for which the Trust requires financial assistance from the Bank must be in conformity with the Trust Deed, it should be non- speculative /lawful. v) Trust must obtain necessary approvals from concerned regulatory authorities such as AICTE / MCI/ concerned University etc. [Applicable for Educational Institutions and Hospitals set up by Trust.] vi) If the Bank feels necessary, the Trustees must be ready to offer their personal guarantees.
Central Bank of India ________________________________________________________________ Loan Policy 37
8.3.2.4. Wherever the above cap has been breached in existing advances, borrower may be advised to go for consortium arrangement /Multiple bank finance for their requirement.
8.3.2.5 For considering credit proposals in case of new accounts & also in existing accounts where the rating is not complying with stipulated hurdle rates, a delegatee not below the rank of Regional Manager (in the rank of DGM)/Zonal Manager can approve the deviation up to one notch below the hurdle rate for proposals falling with in the powers of lower delegatees. In case of proposals falling within the delegated lending powers of Regional Manager (in scale VI) /Zonal Manager, they can approve such deviation. However, while giving clearance/approval it should be ensured that the proposal carries intrinsic strength to indicate that it will be able to attain the hurdle rate within a reasonable time.
In case of existing account where the rating has deteriorated and chances of revival appear to be bleak no enhancement should be considered and should explore the possibility of exiting from the account.
8.3.3. Exposure limits in relation to various Activities and Industries Besides fixing total exposure limits for different categories of Borrowers, it is necessary that the total exposure limits be prescribed activity-wise and industry- wise also. There shall be a maximum indicative exposure limits for financing a particular activity and / or industry by the Bank. Indicative Exposure limits, Industry / Activity wise is given in Annexure-4.
8.3.4. In respect of the exposure limits for the Regions/Zones following aspects will have to be kept in mind: a) The credit targets are decided for each Region/Zone based on the credit deployment policy of the Bank. These targets will be informed to the respective Regional/Zonal Offices. The targets will be treated as indicative credit exposure limits for the Regions/ Zones. b) The exposure limits will depend on the credit deployment policy of the Bank from time to time and will be reviewed from time to time. 8.3.5 For the purpose of Credit Exposure, the following facilities will be taken into account. a. all types of funded and non-funded credit limits; b. facilities extended by way of equipment leasing, hire purchase finance and factoring services; c. advances against shares, debentures, bonds, units of mutual funds, etc. to stock brokers, market makers; d. bank loan for financing promoters contributions; e. bridge loans against equity flows / issues; f. financing of Initial Public Offer (IPO); g. Forward Rate Agreements (FRA) and Interest Rate Swaps (IRS); h. Forward Contracts in foreign exchange and other derivative products like currency swaps, options etc. at their replacement cost value should be included from 01.04.2003 in determining individual / group exposure. RBI has specified bank may adopt i) Original Exposure Method or ii) Current Exposure Method. In this regard, bank will adopt Current Exposure Method. Under the current Central Bank of India ________________________________________________________________ Loan Policy 38 exposure method, bank would sum: i) the total replacement cost obtained by marking to market of all its contracts with positive value i.e., when the bank has to receive money from the counter party and ii) an amount for potential future changes in credit exposure calculated on the basis of the total notional principal amount of the contract multiplied by the following credit conversion factors according to the residual maturity.
Residual maturity Conversion factor to be applied on Notional principal amount
Interest rate contract Exchange rate contract Less than 1 year Nil 2.00% 1 year and above 0.50% 10.00%
i. Direct investments in securities including Shares and Debentures.
Note: However, loans and advances granted against the security of banks own term deposits including LG & LC issued against 100% / 115% of Time Deposits / Cash Margin kept under lien, may be excluded from the purview of the exposure ceiling. 8.4. Unsecured Exposure 8.4.1.In terms of RBI circular dated June 17, 2004 unsecured exposure is defined as an exposure where the realisable value of the security, as assessed by the bank/approved valuers/Reserve Banks inspecting officers, is not more than 10%, ab-initio, of the outstanding exposure. Exposure shall include all funded and non-funded exposures (including underwriting and similar commitments). Security will mean tangible security properly charged to the bank and will not include intangible securities like guarantees, comfort letters etc. In respect of exposure to Infrastructure Projects, especially, Road Projects and Port Projects where assets are going to be created in future will not be treated as unsecured exposure if Charges created by way of Assignment and Hypothecation of Assets, Rights, Interest etc. as available under the Concessionaire Agreement. As per RBI Circular PBOD No. BP.BC.96/08.12.014/2009-10, April 23, 2010, Annuities under build-operate-transfer (BOT) model in respect of road/highway projects and toll collection rights, where there are provisions to compensate the project sponsor if a certain level of traffic is not achieved, shall be treated as tangible securities subject to the condition that the banks right to receive annuities and toll collection rights is legally enforceable and irrevocable. Such advances to be considered as secured advance. Similarly assignment of receivables from reputed counter parties will be treated as secured advance. Further, in respect of unsecured infrastructure loan accounts which are classified as Sub-Standard Assets, the applicable % of provision shall be as communicated by the Bank from time to time.
8.4.2 Banks unsecured exposure shall not exceed 30 % of gross advances. Exposure cap specified herein shall be worked out as a percentage of gross credit outstanding as on the last reporting Friday of the Quarter ending March, June, September and December.
Central Bank of India ________________________________________________________________ Loan Policy 39 8.4.3 Banks Unhedged Foreign Currency Exposure: All Advances involving foreign currency loans above US$ 5 million may be allowed only after getting the same suitably hedged. However hedging need not be insisted in the cases as below:
i. Where Forex loans are extended to finance exports, hedging need not be insisted. However it should be ensured that such customers have uncovered receivables to cover the loan amount. ii. Where Forex loans are extended for meeting forex expenditure.
8.4.3.1 In case of corporates who are rated A and above, Executive Director / Chairman & Managing Director/CACB may permit allowing advances involving foreign currency loans without insisting for hedging.
8.5. Substantial Exposure Limit 8.5.1. In its guidelines on Risk Management Systems, Reserve Bank of India advised the banks to lay down Substantial Exposure Limits i.e. the sum total of exposures assumed in respect of those single borrowers enjoying credit facilities in excess of the threshold limit say, 10% or 15% of capital funds. The Substantial Exposure Limit may be fixed at 600% to 800% of capital funds depending upon degree of concentration of risk the Bank is exposed to. Taking a lead from the aforesaid guidance of RBI, the Bank has set the following Substantial Exposure Limits (SEL). 8.5.2. The Aggregate SEL shall be 600% of the Banks capital funds as per previous years balance sheet. 8.5.3. For the purpose of aggregating single borrower exposure of SEL, 10% of Capital Funds (single Borrower Substantial Exposure Limit) shall continue despite the fact that Single Borrower Cap is 15% of capital funds as stated above. The 10% threshold is considered appropriate by the Bank for keeping a tab on the quantum of exposure to such borrowers. 8.5.4. Bank may exceed the aforesaid 10% (Single Borrower SEL) up to the mandatory ceiling of 15% prescribed by RBI, but shall not exceed the overall SEL of 600%.
8.6. Exposure to Capital Markets
Limits on Banks exposure to Capital Markets: Solo/Consolidated basis The aggregate exposure of a bank to the capital markets in all forms (both fund based and non-fund based) should not exceed 40 per cent of its net worth as on March 31 of the previous year. Within this overall ceiling, the banks direct investment in shares, convertible bonds/debentures, units of equity- oriented mutual funds and all exposures to Venture Capital Funds (VCFs) (both registered and unregistered) should not exceed 20 per cent of its net worth. Computation of exposure: For computing the exposure to the capital markets, loans/advances sanctioned and guarantees issued for capital market operations would be reckoned with reference to sanctioned limits or outstanding, whichever is higher. However, in the case of fully drawn term loans, where there is no scope for re-drawal of any portion of the sanctioned limit, the outstanding amount to be reckoned as the exposure. Central Bank of India ________________________________________________________________ Loan Policy 40 Advances for any other purpose to the extent secured by the collateral security of Shares or Convertible Bonds or Convertible Debentures or Units of equity oriented Mutual Funds, i.e. where the primary security other than Shares / Convertible Bonds / Convertible Debentures / Units of equity oriented Mutual Funds does not fully cover the advances also to be reckoned to the exposure.
Banks exposure to Venture Capital fund will be deemed to be on par with equity and hence will be reckoned for compliance with the capital market exposure ceiling.
Further, banks direct investment in shares, convertible bonds, convertible debentures and units of equity-oriented mutual funds would be calculated at their cost price.
9. Categorisation of Borrowers 9.1. As a part of the lending policy, while extending need based facility to various types of borrowers there should not be over exposure to any segment of the borrowers / industries. With this in view borrowers will be classified into two broad categories i.e. Priority Sector borrowers and non-Priority Sector borrowers and the general exposure limits have been fixed for these categories. Further the borrowers are categorized under following heads. Corporate Borrowers (both Public and Private Limited companies and PSUs) Non-Corporate Borrowers Individuals
9.2. Group Approach
9.2.1. The concept of Group and the task of identification of borrowers belonging to specific industrial groups have been left to the perception of Banks by Reserve Bank of India and the guiding principle is Commonality of Management and Effective Control.
9.2.2. In order to assess the credit risk involved in lending, it would be necessary not to overexpose ourselves to a particular borrower/s or a group of borrowers.
9.2.3. Two or more enterprises is said to belong to the same group, if at any time during the reporting period or during the period under review, the financial or operating decisions of the said enterprises are Controlled or Significantly Influenced by the same enterprises / persons.
9.2.4. Two or more Enterprises are deemed to be Controlled by the same Enterprise/Person when:
a. Controlling/substantial Interest, i.e. holding of shares, conferring voting rights of 20% and above, is by the same enterprise or by the same individual himself or jointly with his/her close relatives b. More than 50% of the directors/partners (excluding the ones nominated by Government of India/Reserve Bank of India/ Financial Institutions/Banks/ Central Bank of India ________________________________________________________________ Loan Policy 41 Debenture Trustees) in one enterprise are the same and/or closely related to each other to those in another enterprise(s); and/or c. Two or more enterprises have a contractual arrangement to share the power to govern the financial and/or operating policies of the said enterprises; and/or d. One company is subsidiary company (as defined under Companies Act) of another company either by itself or through one or more subsidiaries. e. If holding company of two or more company is the same company.
9.2.4. A Two or more Enterprises are said to be under Significant Influence by the same Enterprise/Person when:
a. Substantial Interest i.e. holding of shares, conferring voting rights of 20% or more, is by the same enterprise or by the same individual himself or jointly with his/her close relatives
b. Two or more enterprises employ the same key management personnel/s or their close relatives having authority and responsibility for planning, directing and controlling the operational and financial activities of the said enterprises; and/or
c. Two or more enterprises have entered into a Joint Venture to undertake a common economic subject with joint control/planning
9.2.5. In Companies/SPVs where equity investments of multiple groups are present, the company with the maximum shareholding will be considered for the purpose of group exposure.
9.2.6. Industrial units in Public Sector are to be kept out of the purview of Group Approach.
9.2.7. Professional Directors on the Board may be excluded for the purpose of arriving at the concept of a group.
9.2.8. Advances under retail Lending schemes to Directors of our Corporate clients and Proprietor / Partners of borrowing firms may be kept out of the purview of Group Approach, provided that the loan is granted in individual names and the assets created out of the said loan (wherever applicable) is registered in the name of such individuals or advance under Retail Lending Schemes is allowed against distinct security.
9.3 Group Concept will include: i. Two or more associations of individuals, firms, trusts, Limited Companies where one or more individual partner, trustee or Director of one guarantees the facilities in the other one(s);
ii. All business concerns having same promoters, directors, partners, proprietor;
iii. Sole Proprietary firm, Partnership firms, Limited Companies or any combination thereof, their Proprietor, one or more Partners or Directors thereof being liable for the limits of other firms. Central Bank of India ________________________________________________________________ Loan Policy 42
10. Methods for Assessment of Working Capital Requirements
As part of financial sector reforms, operational freedom in the area of credit dispensation was bestowed upon banks by Reserve Bank of India in its Monetary and Credit Policy for the first half of 1997-98. The prescription in regard to assessment of working capital needs based on the concept of Maximum Permissible Bank Finance (MPBF) enunciated by Tandon / Chore Committees was withdrawn and banks were advised to evolve appropriate system for assessing the working capital needs of borrowers subject to observance of prudential guidelines and exposure already prescribed.
10.1. In tune with the liberalized environment, our Bank has adopted the following system for assessment of working capital requirements of the borrower.
Turnover Method: This method should be used for assessing fund based working capital requirements enjoyed from the banking system upto Rs.5.00 crore.
10.1.1. Traditional Method: Fund based working capital requirements under this method should be assessed under Method II of Tandon Committee for borrowers enjoying fund based working capital limits of above Rs.5.00 crore but less than Rs.50.00 crore.
10.1.2. Cash Budget Method This method would be applicable to borrowers who are
i. Falling under Cyclical Industries like Tea, Sugar etc. ii. Borrowers availing Fund Based Working Capital limits of Rs.50 crore and above from the banking system.
10.2. Term Loan Assessment
10.2.1 A term Loan is an advance given for a fixed period with provision for repayment according to agreed term. In the case of Infrastructure Projects, the repayment period may be for more than 7 years. A term loan may be required to finance the following purposes: i) For Financing Specific Asset; ii) For Financing modernization programme; iii) For Financing expansion programme; iv) For Financing diversification programme; v) For Financing New Project; vi) For Financing Rehabilitation Project.
10.2.2. Term loans can be classified as under: (i) Short term loan where repayment period does not exceed 3 years (ii) Medium term loan where repayment period is over 3 year and up to 5 years and (iii) Long term loan - where repayment period exceeds 5 years.
Central Bank of India ________________________________________________________________ Loan Policy 43 10.2.3. Whatever be the purpose of term loan, it is to be always ensured that the activity/asset financed must be capable of generating adequate cash profit so that it is sufficient to repay the term loan installments. In case of business necessity, if required to provide Security Deposit in lieu of Bank Guarantee, the request for Term Loan for funding the same may also be considered for sanction.
10.2.4. While assessing a term loan proposal the following may be taken into account: a. Technical Feasibility b.Commercial Viability c. Managerial Competence d.Economic Feasibility e. Financial Feasibility f. Cost of Project and Means of Finance g.Break-even Analysis h.Debt-service Coverage Ratio i. Pay-back period on discounted cash flow consideration j. Internal Rate of Return.
The appraisal of a term loan proposal needs consideration of all or some of the above parameters.
10.2.4.a Techno Economic Viability study: Independent TEV study should be carried out in respect all the Term Loan Proposals.
For proposals up to Rs.5.00 crore TEV report from an outside agency may not be insisted upon. However, sanctioning authority should ensure viability of the proposal and proper recording to be made in the process note to that effect.
In case of proposals over Rs.5.00 crore TEV report from a reputed outside agency be insisted and the same should be studied independently before making any commitment.
Empanelment of External Consultants: Empanelment of external consultants for the Techno-Economic study would be carried out by Credit Policy Department at Central Office as per the procedure approved by the Board.
However, TEV study from an outside agency may not be insisted in case of
1. Expansion/up gradation/modernization of existing unit where the borrowers have gained adequate in-house experience / expertise 2. Project is appraised by reputed PSUs like Power Finance Corporation, IDBI, SBI and also have taken some exposure in the project 3. In case of Syndicated Loans if a TEV study has already been arranged by the Leader/Syndicator 4. Equivalent studies to TEV have been done such as a Demand/Supply study and/or Technical feasibility study etc. & the bank is satisfied with the viability of the project and concurs with the views expressed in the report. Central Bank of India ________________________________________________________________ Loan Policy 44
A report submitted for the project with other nomenclature i.e., other than TEV study also shall be accepted subject to such report containing adequate study on the project fundamentals which indicates viability of the project satisfactorily. CMD / CACB / MC will be authorized to take a view in such cases.
10.2.5 The IRR approach is being introduced for assessment of Term Loans of Rs. 10.00 crore and above with repayment period of 5 years or more. This assessment will be in addition to satisfying norms under DSCR.
10.2.5.1 Generally the cutoff rate under Indian conditions is taken as 15%. In other words, a project is generally accepted if its IRR is higher than 15%.
10.2.5.2 Accordingly the following norms are prescribed for IRR approach For other than infrastructure projects, the Internal rate of return (Post Tax) should be 3% and above from estimated cost of funds For Infrastructure projects Internal Rate of return (Post Tax) should be 2% and above from estimated cost of Funds.
10.2.6. Methodology for working out Working Capital Limits and Term Loan is given in Annexure 16.
10.3 Non Fund based Facilities / Off Balance Sheet Exposures. (For detailed guidelines refer Annexure 21)
10.4 Bill Finance
As a part of working capital the finance may also be extended in the form of Bill Finance. Detailed guidelines on Bill finance is given in Annexure 6.
10.5 Corporate Loan
Looking to the credit needs of the corporate clientele, non-corporate clientele the bank has formulated a new product General Purpose Corporate Loan/ Short Term Loan. The detailed guidelines on corporate loans are given in Annexure 13.
10.6 Loan Syndication
Loan Syndication is an arrangement between 2 or more lending institutions to provide credit facility. We may consider such financing arrangements. We would allow such syndication wherever the finance limit is Rs.5 crore or more. Under loan syndication the Bank shall take up a reasonable share subject to compliance of prudential exposure ceilings. Delegatees in the rank of Deputy General Manager and above only shall allow Loan Syndication facility. All usual precautions to be taken while sanctioning / disbursing the credit facilities. Central Bank of India ________________________________________________________________ Loan Policy 45
10.7 Multiple Banking
It is an arrangement in which borrower avails working capital facilities from more than one Bank without a formal consortium arrangement. Whenever a customer desires to have multiple banking we may agree for the same subject to conditions as under:
10.7.1. We may normally agree for multiple banking only in cases where the facilities enjoyed by the borrower is Rs.5 crore or more.
10.7.2. Where we are the sole bankers and the borrower desires to avail of working capital limits from other bank /s without a formal consortium arrangement, the reasons for the borrower wanting to deal with another bank should be ascertained and the borrower may be permitted to go for multiple banking if reasons are genuine.
10.7.3.A borrower may be permitted to bank elsewhere provided the borrowers agree to furnish from time to time details of the various facilities availed from other bank/s and also the total working capital limits availed by the borrowers are within a 10% tolerance level of the working capital limits assessed by us.
10.7.4. The security charged to our bank should be properly identifiable.
10.7.5.Where the borrower is availing working capital limits from other bank/s and desires to avail working capital limits from our bank without a formal consortium arrangement, the reasons for the borrower wanting to deal with our bank should be ascertained and we may permit the multiple banking arrangement if the reasons are genuine and only in cases where the working capital limits enjoyed by the borrower is Rs. 5 crore or more and the account is being treated as STANDARD ASSET by the existing banker for the last three consecutive years.
10.7.6. No objection certificate and confidential credit report to be obtained from the existing bankers.
10.7.7. Group exposure and net worth of the party to be taken into account.
10.7.8. The account should qualify for a credit rating of at least CBI-4 rating on the basis of the compliance of parameters laid down by our bank.
10.7.9. The security to be charged to the bank should be properly identifiable.
10.7.10 Delegatees in the rank of Deputy General Manager and above only shall allow Multiple Banking facility. Central Bank of India ________________________________________________________________ Loan Policy 46
10.8. Consortium Arrangement
The Bank shall take a reasonable share initially. The Bank, as far as possible, may accept the asset classification and assessment method adopted by the Lead Bank in assessment of credit needs of the borrower and also shall stipulate terms and conditions on par with those stipulated by the lead bank. The Bank shall endeavor to secure pro-rata share in both fund based and non-fund based business from the borrower / Lead Bank.
10.8.1. Any deviation can be considered by the sanctioning authority on merits on case to case basis.
10.9 Financing of Equities
Bank has laid down policy for financing equities. The detailed guidelines have been given in Annexure 8.
10.10. Financing Construction Industry.
Bank has laid down policy for Financing Construction Industry. The detailed guidelines have been given in Annexure 9.
10.11. Bridge Loans
As per the present policy, bridge loans / interim finance can be extended
a. Against commitments made by a Financial Institution and / or another Bank in cases where the Lending Institution face temporary liquidity constraints b. Against Public Issue of Equity Shares in India or abroad and c. Against other forms of Equity viz. Foreign Equity other than Public Issue.
The guidelines in this respect are provided in Annexure- 10
10.12. Financing NBFCs.
Bank has laid down policy for Financing NBFCs. The detailed guidelines have been given in Annexure 11.
10.13. Financing Entertainment Industry.
Bank has laid down policy for Financing Entertainment Industry. The detailed guidelines have been given in Annexure 12. Central Bank of India ________________________________________________________________ Loan Policy 47
10.14 Line of Credit
Line of credit is a facility to offer flexibility to highly rated corporate clients so that unexpected working capital and business requirements can be taken care of. This will facilitate in meeting the immediate requirements and also reduce the response time in meeting demands of the customers. It will also enhance the operational flexibility. 10.14.1. While providing such facility, following factors are to be taken into account: 10.14.2. Credit rating of the corporate customer (minimum rating must be CBI-4). 10.14.3. It should only be for working capital facility and business requirement for period less than one year. 10.14.4. It is subject to over all caps fixed for respective delegates. 10.14.5. Reporting to be done in respective control return.
10.15 Guidelines on Advances to Commercial Real Estate (CRE).
Definition of Commercial Real Estate:
a) Real Estate is generally defined as an immovable asset land (earth space) and the permanently attached improvements to it.
Income-producing real estate (IPRE) has been defined as under:
Income-producing real estate (IPRE) refers to a method of providing funding to real estate (such as, office buildings to let, retail space, multifamily residential buildings, industrial or warehouse space, and hotels) where the prospects for repayment and recovery on the exposure depend primarily on the cash flows generated by the asset. The primary source of these cash flows would generally be lease or rental payments or the sale of the asset. The borrower may be, but is not required to be, a Special Purpose Entity (SPE), an operating company focused on real estate construction or holdings, or an operating company with sources of revenue other than real estate. The distinguishing characteristic of IPRE versus other corporate exposures that are collateralized by real estate is the strong positive correlation between the prospects for repayment of the exposure and the prospects for recovery in the event of default, with both depending primarily on the cash flows generated by a property.
Opening of Escrow account for CRE project funding shall be mandatory any exception shall be approved by MC/CACB.
b) Investments in Mortgage Backed Securities (MBS) and other securitized exposures backed by exposures as at (a) above.
10.15.1. The exposure ceiling on Commercial Real Estate Sector for the bank as a whole shall not exceed 10% of the banks Gross Credit as at the end of previous quarter. The exposure cap shall be worked out as a percentage of gross credit outstanding as on the last reporting Friday of the quarter ending March, June, September and December.
Central Bank of India ________________________________________________________________ Loan Policy 48 10.15.2. The Real Estate Property offered as security shall be free hold property with clear marketable title. Based on the need felt, in addition to/or in lieu of equitable mortgage of land proposed to be developed, other property/properties in the name of the developer may also be obtained. It is to be ensured that the estimates are reasonable and realistic. In case of lease hold land on which construction takes place, mortgage assignment of all rights under the lease agreement should be stipulated as security in addition to EM of land. In case the project is being constructed on the land acquired on developmental right basis, assignment of all rights under the developmental agreement should be stipulated.
10.15.3. All necessary permission, clearance, approvals from statutory/competent authorities for taking up the project and construction of the building shall be obtained and copies shall be held on record before disbursal.
10.15.4. Overall Margin on the project should not be below 25%. However, proposals with overall margin of less than 25% and up to 10% may be considered by CACB/ Management Committee of the Board.
10.15.5. Advance money/Partial sale consideration expected to be received during construction period should be taken into consideration for arriving at the need- based finance.
10.15.6. As per RBI guidelines vide DBOD.No.DIR (HSG).B.C.02/08.12.01/2007-08 dated 02.07.2007, bank may extend finance to public agencies and not private builders for acquisition and development of land, provided it is a part of the complete project, including development of infrastructure such as water systems, drainage, roads, provision of electricity etc. Such credit may be extended by way of term loans. The project should be completed as early as possible and, in any case, within three years from the date of advance. Further, banks may consider extending Fund Based and Non Fund based facilities to the builders if there is a composite proposal for acquisition of land and construction of residential / commercial complex thereof as part of the entire project. Financing for acquisition of land only shall not be considered as it may amount to speculative activity. 10.15.7. Door to door maturity up to 10 years, subject to provision that in specific cases based on merits Management Committee/CACB may extend the repayment period beyond 10 years up to 20 years.
10.15.8. Exposure in respect of single and group borrowers may be restricted to Rs.300 crore and Rs.1000 crore respectively. However, MCB/CACB may exceed this limit on a case to case basis for any borrower/ group of borrowers subject to compliance with Prudential Exposure norms of RBI.
10.15.9. Promoters should generally have minimum experience of 3 (three) years in similar line of business line of business. Where a separate SPV is formed for the project, condition of completion of earlier projects will not apply but the promoters should have sufficient experience in real estate projects.
10.15.10. Proposals envisaging repayment through future rental incomes should be screened thoroughly to ensure that the promoters have the necessary expertise Central Bank of India ________________________________________________________________ Loan Policy 49 and the means to build the project as also it is to be ensured that the agreement /lease with tenants is entered into on long term basis (without exit clause) for qualifying under Cent-Rental Scheme. Proposals with mere assurance from promoter that tenants would be available after construction activity may be avoided. 10.15.11. Land should be valued at purchase price or market value whichever is lower for the purpose of taking it as a part of project cost. However, value of land may be reckoned in the overall financing scheme to shore up the margin or for reckoning the ACR. 10.15.12. DSCR should be calculated taking into account a realistic net profit projection on cash flow basis and not on cash accrual basis. Profitability statement should be properly studied to arrive at a realistic net profit for the relevant years. Advance Money received/Booking advance/Partial Sale consideration shall be treated as source of fund. Quantum of Bank Finance shall be after taking into account the advance money received/booking advance/partial sale consideration and after the promoters contribution (minimum 25%). DSCR is calculated as under: Net Profit after tax+Depreciation+Interest on T/L Installment on term loan +Interest on term loan
A minimum of average DSCR of 1.5:1 is acceptable. Where DSCR is low, repayment period can be extended. Conversely, if DSCR is high, the repayment period can be reduced. In case DSCR is very low, even after extending the repayment period, the proposal should not be considered for finance.
[Though ideal ratio would be 1.5, a proposal with average DSCR of 1.40 may be accepted if other financials of the project are found to be satisfactory and it stands the test of sensitivity analysis with minimum average DSCR of 1.20. However, proposals with DSCR of below 1.5 shall be considered at Central Office level only].
10.15.13. Certificate by Chartered Engineer / Architect that the construction plan is as per National Building Code 2005 of Bureau of Indian Standards (or its updated version) followed by a Compliance Certificate on completion of the project issued by a Chartered Engineer/Architect should be obtained from the borrower and held on record.
10.15.14 Mezzanine Debt: (Deleted) Refer New Loan Product As per Annexure 30
10.15.15 Provision for considering the proposals of borrowers incurring Losses
Keeping in view the satisfactory projections showing positive signs of turnaround, bank may consider proposals of companies incurring losses. However, the TNW of the company should be positive. Delegatees not below the rank of General Manager can consider such proposals within their respective delegated lending powers.
Need based Working Capital can be extended against confirmed orders / Letter of Credits / fresh contracts etc.
Central Bank of India ________________________________________________________________ Loan Policy 50 10.15.16 Special provision for financing of PSUs.
While considering the proposals of Public Sector Undertaking following guidelines shall be followed:
Ratios: - D: E & TOL: TNW ratios shall be 4:1. However, further relaxation may be permitted by CACB/MCB.
Net Worth to Bank Borrowing: The ratio up to 8:1 can be accepted
Current Ratio: Current Ratio up to 1:1 shall be accepted.
DSCR: In place of DSCR, cash flows to be taken into account for fixing up repayment period.
Hurdle Rates: Hurdle Rates stipulated for other advances shall not be applicable.
In case of PSUs incurring loss, it should be ensured that there should not be any cash loss during the year.
In case of Project Loans, if project reports are prepared by PSUs like PFC and Power Generation Companies etc, engaged in the line of activity for not less than 3 years, TEV report from external agency may not be insisted.
Security: In case of availability of escrow cover, if the average balance in such account is more than 10% of banks loan, the same shall be treated as secured advance.
Audited Financials: In case of PSUs it takes time to get audited financials because they have to take approval from CAG and in certain cases it has to be cleared by respective State Govts. Therefore, delay in getting Audited Financials shall not be construed as deviation from the Loan Policy.
11. Applicability of Methods to various Sectors
11.1. Small (Manufacturing) Enterprises sector
i. Working Capital requirements of borrowers availing limit up to Rs.2 crore from Banking System by borrowers in village and tiny Sectors are to be assessed as per TURN OVER Method.
ii. Working capital requirements of Small (Mfg.) Enterprise units to be assessed at 20% of the Projected Annual Turn Over up to a limit of Rs.5.00 crore. If the credit requirement based on production / processing cycle is higher than the one assessed on the basis of turnover method, the same may be sanctioned.
11.2. Trade Sector
11.2.1. Small Borrowers
Working Capital requirements of Small borrowers in the trade sector availing limits up to Rs.5.00 crore are to be assessed on the basis of turnover method. Central Bank of India ________________________________________________________________ Loan Policy 51
11.2.2. Large Borrowers
Large Borrowers in Trade sector fall under 2 broad categories:
Commission Agents The commission agents merely indent stocks and arrange for distribution without owning the inventory. Hence, while their turnover would be large, the requirement of working capital would be limited to meet the operating expenses. The advance to this category of borrowers is clean in nature. The sanctioning authorities may assess the credit requirements of the individual borrowers based on the financial projections and subject to availability of collaterals to the extent of 100% of loan amount and Debt- Equity Ratio of about 2:1.
General Traders including Stockiest The stockiest procure stocks against payment, for resale. The inventory would be owned by them and their working capital requirements are large. While the past trends of holding levels can be taken as indicators, flexibility in lending norms will be required as the trading activity is subject to fluctuations depending up on the volatility in the market. The credit requirements will be assessed on the basis of past indicators and future projections as at present. The current ratio should normally be 1.33, but deviations up to 1.20 may be allowed during the peak trading periods.
The entire exposure should be covered by collaterals to the extent of 50% minimum subject to the borrower maintaining adequate paid stocks to cover the limit.
In case of Trading accounts normally there will not be any long term debts and therefore, TOL/TNW ratio to be considered. TOL/TNW ratio up to 4:1 shall be accepted. However, in deserving cases relaxation up to 6:1 may be permitted by Zonal Managers/Regional Managers (in the rank of DGM) and above.
11.3. Manufacturing Sector The large borrowers under the Manufacturing Sector fall under two broad categories viz., Cyclical Industries and Non Cyclical Industries.
11.3.1. Cyclical Industries: Borrowers from seasonal industries like sugar and tea are already availing working capital on the basis of the Cash Budget. Their overall requirement is determined by the maximum deficit as per Cash Budget and disbursal of facilities is allowed on the basis of cash flow projections. Other industries like cotton / kapas, fruits and vegetables processing, Soya processing, Rice Milling, Turnkey Projects may also be brought within the system for financing of seasonal industries.
11.3.2. Non Cyclical Industries: Borrowers availing limits can be divided into i) Those availing limits up to Rs. 50 crore and ii) Those availing limits more than Rs.50 crore. The borrowers availing total fund based working capital limits up to Rs.50 crores would be assessed under MPBF and the borrowers availing total fund based limits of Rs.50 crore and above would be assessed as per Cash Budget method. Central Bank of India ________________________________________________________________ Loan Policy 52
11.4. Working Capital Finance to Information Technology and software industry: In the case of borrowers with working capital limits up to Rs.2 crore, assessments may be made at 20% of the projected turnover. In other cases the requirements would be assessed on the basis of monthly cash budget system. Loan delivery system would be applicable in the case of borrowers enjoying working capital limits of Rs.10 crore and above.
12. Post Sanction: (By operating Branch / Office) 12.1. Sanction letter is to be sent through respective branch to the borrower conveying the terms and conditions of sanction and obtaining his acceptance thereof.
12.2. Documents: Execution of proper documents as per sanction and as prescribed and approved by bank from time to time, its certification and vetting as per existing system.
12.2.1. Branches shall ensure Registration of Charge with the Registrar of Companies in case of Companies.
12.2.2. It shall be ensured that the documents are kept in force from time to time and proper revival letters/AOD/Balance confirmation etc. is obtained periodically.
12.2.3. Vetting of Documents: Normally, the document are to be vetted by the Banks Law Officer at RO/ZO for the accounts with limits of Rs.1.00 crore and above up to 10.00 crore. But if for any reason law officer is not available then the documents are to be vetted by the banks empanelled advocate. In other cases of higher limits above Rs.10.00 crore, the Zonal Manager/ Regional Manager will nominate the advocate from its panel. For this purpose Zones/ Regions should keep a panel of Advocates/ reputed firms of legal consultants based upon their experience, exposure etc. for handling vetting of loan documents executed in branches, including documents pertaining to consortium, in which our bank is leader of consortium arrangement. In case of Consortium where we are members, Lead Bank will take care of Documentation formalities. However, Lead Banks Certificate to the effect that they are holding the documents and title deeds, if any, on behalf of Consortium should be held on record.
12.3. Creation of equitable mortgage and obtaining the personal guarantee wherever the terms specify.
12.4. Compliance of terms of sanction. Compliance Certificate for having complied with all the terms of sanction shall be submitted by disbursal authorities within 10 days from the date of release of credit limits, to the respective sanctioning authority.
12.5. To obtain no dues certificate, wherever necessary from the earlier bankers.
12.6. Disbursement strictly as per terms of sanction and in prescribed manner.
12.7. Recording the sanction in the Sanction Register for reporting to Controlling Offices.
Central Bank of India ________________________________________________________________ Loan Policy 53 12.8. Recording the details of securities charged to the Bank in the Securities Register.
12.9. Post disbursement inspection to ascertain end use of Bank credit.
12.10. Recording in Confidential Limit Register.
12.11. Borrowers enjoying working capital limits of Rs.2.00 crore and above from the banking system where we are the leaders in Consortium, Sole Banker or under Multiple Banking should have to submit QIS Statements. In the case of other accounts where we are members in consortium we may follow the practice / system adopted by the Lead Bank.
12.12. Maintenance of registers for incorporating information such as stock statement, QIS, QMS, MSOD, etc to be obtained from / provided by the borrower.
12.13. Monitoring of advance to ensure end use, safety, and security of the loan by way of periodical inspections of unit and stock, scrutiny of operations in the account.
12.14 End Use of Funds: The operating branch should ensure that there are no diversions of fund. It is the primary responsibility of branches to be vigilant and ensure proper end use of bank funds /monitor the cash/funds flow. It is, therefore, necessary for branches to ensure that drawals from cash credit / overdraft accounts are strictly for the purpose for which the credit limits are sanctioned. There should be no diversion of working capital finance for acquisition of fixed assets, investments in associate companies/subsidiaries and other investments. This has to be so, even if there is sufficient drawing power/undrawn limit for the purpose of effecting drawals from the cash credit account. In case of large borrowal accounts branches shall scrutinize fund flow / cash flow statements to ensure proper use of funds. Stock auditor to examine books of accounts and other records to ascertain proper end use of funds as per sanction terms. The Branches / Controlling Offices should stipulate conditions in the sanctions for effective control and monitoring of the accounts.
12.15 After disbursement of loan within 30 days, the disbursing authority has to submit a Certificate on End Use of funds disbursed (as per the format enclosed as Annexure-32) to the sanctioning authority.
13. Security 13.1. Approved Securities
To treat a particular commodity as security, the requisites shall be that the bank should be in a position to realize its dues by disposing of the security in case of failure on the part of the debtor to repay the debt. Such a security should have easy marketability, storability, stability in price, easy transferability of title, easy handling and valuation of security etc. The realization of the security should be without much lengthy legal formalities.
13.1 (a) Post Dated Cheques to be obtained from the borrower towards repayment of Principal & Interest and not to be taken as security. PDCs so obtained to be presented on dues dates, in case of default by the borrower, irrespective of any request by the borrower, others. In case of dishonor of the instrument on presentment, appropriate action under NI Act, to be initiated against the borrower immediately within the stipulated time period.
Central Bank of India ________________________________________________________________ Loan Policy 54 13.2. Recommended Margin: Approved Securities Minimum Margin (%) i) Fixed Deposits held in the name of the borrower 10 ii) Fixed deposits in the name of the third party 25 iii) Gilt edged securities viz., bonds / stocks issued by Central / State Government / Statutory / quasi-Government Corporation or Body repayment of which is guaranteed by the Central / State Government (including Post office) 25 iv) National Saving Certificates with accrued value 20 v) Surrender value of LIC Policies 10 vi) Shares and debentures (on Banks approved list):In Dematerialized form 50 vii) Stocks of tradable commodities / goods having realizable value (RM, SIP, FG) 25 viii) Book Debts. - For Book debts Up to 90days - For Book debts beyond 90 days and up to 180 days #
25 35 ix) Plant and Machinery (New) 25 x) Plant and Machinery (Secondhand) 40 ** xi) Bills of Exchange with Documents / acceptances Nil xii) Gold Ornaments 50 xiii) Vehicles 25 xiv) Furniture / Fixtures 25 xv) Consumer durables 25 xvi) Live Stocks 25 xvii) Land and Buildings / Free Hold Plots 40 Xviii) Land & building forming part of project 25 xix) Commodities falling under Selective Credit Control. As directed by RBI from time to time xx) Any other Securities so approved by Central Office. Margin will be notified by Central Office
# Advance against Book Debts beyond 90 days and up to 180 days may be sanctioned by a delegatee in the rank of DGM and above and receivables must be from Govt. Departments, PSUs and reputed Corporates having minimum existence of 3 years with satisfactory track record.
** 40% Margin of residual value of second hand machinery.
For exporters, lower margin up to 10% may be allowed for export receivables backed by L/C or firm orders placed on companies having satisfactory track record, subject to approval by the authority not below the rank of Dy. General Manager.
13.2.1. The above mentioned minimum margins shall be subject to RBI guidelines wherever applicable and in deserving cases the margin may be relaxed by the next sanctioning authority not below the rank of Dy. General Manager for proposals falling within their delegated lending powers and in other cases by the Executive Director or the Chairman & Managing Director subject to RBI directives.
13.2.2. The drawing Power is available only on business/trade book debts which are not older than 90 / 180 days as the case may be. The Drawing Power should be arrived at on the basis of monthly book debt statements. At least once in every quarter such statement must be certified by Chartered Accountant.
13.2.2. a For Working Capital limit up to Rs.15.00 crore, a combined limit against inventory and receivables may be allowed. There shall be a common margin of 25% upto Rs.5.00 crore and balance of Rs.10.00 crore with usual/ applicable margin for Central Bank of India ________________________________________________________________ Loan Policy 55 receivables and inventory as the case may, subject to the condition that it is not a Take over loan. However, delegatees having powers to sanction advance against Book Debts only can consider such proposals. Moreover, DP against Book Debt should not be more than 50% of the overall limit. For calculation of DP, guidelines given in the Annexure 16 of Loan Policy should be followed.
13.2.3. Promoters Margin on Project Finance Portfolio:
1) For Infrastructure Projects: 40% of the sanctioned Margin should be brought by the Promoters upfront and the remaining 60% of the Margin to be brought in stages along with the disbursement of bank finance.
2) For other Projects: 50% of the sanctioned Margin should be brought by the Promoters upfront and the remaining 50% of the Margin to be brought in stages along with the disbursement of bank finance.
3) However, for financing under consortium / syndication the Bank will normally follow the decision of the consortium/syndicate as regards bringing in of promoters margin on project finance and shall fall in line with other lenders.
13.2.4 Bank shall explore the possibility of obtaining collateral securities apart from primary security or in case where no primary security is available.
- Collaterals at least to the extent of 50% of loan amount to be insisted in case where the nature of primary security is of perishable nature, slow moving products, high volatility in prices etc. In case where no primary security is available, minimum collaterals to the extent of 60% of loan amount to be insisted. CACB/CMD / ED shall have the powers to consider any deviation in this regard.
- (Collaterals may not be insisted for Short Term Loans up to 1 year sanctioned for augmenting short term mismatches, augmenting working capital margin and for general business purposes. However, such facilities shall be considered at Central Office only).
- In the case of Trading Account, Consortium/Multiple Banking/syndication Finances, we may accept collateral security to the extent of even less than 50% of the loan amount at par with other banks/FIs., on case to case basis. (such cases shall be considered only at CO level by CACB/CMD and/or MC of the Board)
- In case of non-consortium trading accounts, the minimum collateral coverage should be 50% of the total credit facilities. However, Zonal Managers/Regional Manager (in the rank of DGM) may consider proposals within their delegated powers with a Collateral coverage between 25% to 50%. Such proposals with less than 25% coverage may be considered at Central Office by CACB/CMD / ED and MC depending upon the merit of the case. This is subject to the following stipulations that: a. Rating of the account should be minimum B+ [CBI-4 and above]. b. Key Financial Ratios should not be lower than the benchmark level. c. Operational dealings with our Bank / with other Banks should be satisfactory. Central Bank of India ________________________________________________________________ Loan Policy 56
13.3. Negative List of Securities. 13.3.1. All those securities which will not be legally enforceable in case of default by the borrowers are classified as securities under Negative List. List of some such items are as under: i) Commodities possession of which is unlawful. ii) In case of certain controlled sensitive commodities like rubber, fertilizer etc, where the required license is not obtained and iii) Securities on which a valid charge cannot be created such as LIC Policies under Married Womens Property Act.
13.3.2. Parameters for inclusion of borrowers in Negative List While considering the eligibility of a borrower we have to ensure that the borrowers are not in the negative list which normally includes borrowers as under: a. Borrowers who have defrauded our bank / other banks. b. Guarantors who have defrauded our bank / other banks if known. c. Guarantors who have not fulfilled their commitments to the Bank and Borrowers against whom suit/s are / were filed by the bank. However, in exceptional circumstances authorities at the level of Executive Director/Chairman & Managing Director may take a view in such matters. d. All black listed persons as advised by Government of India / RBI etc. e. Borrowers approaching the Bank for Finance through Finance Brokers. f. Borrowers whose line of activity is included in the Negative List by the Government of India / RBI / IBA. g. No additional facilities should be granted to the borrowers whose name appears in the list of Willful Defaulters being circulated by Reserve Bank of India. In addition, the entrepreneurs/ promoters of companies where banks have identified siphoning / diversion of funds, misrepresentation, falsification of accounts and fraudulent transactions, should not be granted any finance at any level for floating new ventures for a period of 5 years from the date the name of the willful defaulter is published in the list of willful defaulters by RBI. h. Whenever Bank had entered into compromise settlements in sacrificing its dues either by way of write-off of principal / interest charged or interest not charged, the borrower should not have opportunity to avail fresh credit facilities from Bank either in his individual capacity or in the name of any other firm / company. However, in case Bank feels that the facilities allowed in the existing Group accounts of the Company are to be continued/enhanced or if any fresh facilities are to be considered in any other accounts connected with the individual/Group, the proposals can be considered by Central Office with proper justifications, taking into account the following parameters on case to case basis: a) Circumstances for which party was compelled to go for OTS route b) Integrity of the borrower c) Business relations and potential for revenue earning d) Viability of the Unit. e) Any material change in parameters which calls for due weightage
However, before entertaining any such proposals, Offices should ensure: i) Proposals in the name of Units/Firms/Companies in which Bank has entered into one time Compromise involving sacrifice, must not be considered. Central Bank of India ________________________________________________________________ Loan Policy 57 ii) In the case of existing Group Accounts already enjoying credit facilities with our Bank in which promoters of previously compromised units are stake holders, clearance be obtained from the Chairman & Managing Director/Executive Director for continuing need based credit facilities in such accounts. iii) For extending facilities to a new account of the Group in which Promoters of previously compromised units are stake holders, clearance in principle be obtained from the Management Committee of the Board. iv) For proposals falling within delegated powers of upto AGM level, DGM/Zonal Manager of the Zone (Not below the rank of DGM) may consider the same on merits, after obtaining clearance from competent authority at Central Office. v) Proposals of such parties falling within the powers of DGM/Zonal Manager and above be forwarded with suitable comments/recommendations to Central Office for consideration of the concerned delegated authority. However, General Managers working in the Zones may consider such proposal after clearance from Central Office, on merits within their delegated powers. vi) The borrowers/Group Companies have not committed any fraudulent act on the Bank/s. vii) Bank not having settled dues under OTS in more than one account of the Group. viii) Since OTS involves sacrifice, Bank must explore compensating for sacrifice at least partly through additional interest, management fee, cross selling benefits etc. ix) The Borrowing Company is still under CDR: a) Bank may consider financing such Company outside the purview of CDR with higher rate of interest and with explicit permission of CDR- EG. Bank may explore the possibility of getting priority charge on the cash flows of the Company. b) In case the Company having been referred to CDR earlier and exited out of CDR, Bank may consider financing such Company on merits after a cooling period of 3 months. c) One of the Group Companies is under CDR, based on the performance of the Borrower Company; Bank will take an independent view for financing such Companies.
The above said parameters need not be made applicable in respect of the following categories of borrowal accounts, where the guidelines/instructions given by the respective Operating/Government Agencies have to be considered. - for B.I.F.R Accounts - for lending to farmers under Schematic advances - any other special schemes formulated by the Government. i. But Fresh loans can be sanctioned to the agricultural borrowers who had earlier settled their dues under One Time Settlement / Compromise settlement scheme by the Branch Managers within their delegated lending powers. However, the Branch Managers who had earlier recommended or sanctioned the compromise proposal should seek administrative clearance from their Regional Office for consideration of fresh limits. j. In the case of Group accounts where one of the accounts is a Non-Performing account, then the facilities for other Standard accounts in the Group can be reviewed / revised by the next higher authority not below the rank of General Manager. Central Bank of India ________________________________________________________________ Loan Policy 58 k. RBI Defaulters List: In case the name of the proprietor, partner/s, director/s, etc appear on the RBI Defaulters List for reason other than being a Professional / Nominee Director in the defaulting company.
13.3.3. The above aspects to decide the negative list of securities and the borrowers is only illustrative and not exhaustive. Based on the experience of the bank these aspects will be reviewed from time to time.
13.3.4. Norms for obtaining guarantees as security:
13.3.4.1 Whenever a guarantee is to be obtained as collateral security in a borrowal account, it is necessary to take into account the total number of guarantees given by such proposed guarantors in other accounts.
13.3.4.2. It is also advisable to correlate with the total guarantee commitments of the proposed guarantors with their net worth.
14. Delegation of Authority
14.1. General Rules
14.1.1. The delegated authority will be exercised by the delegatee judiciously, with due care and in good faith, having regard to the duties entrusted to him or to the responsibility devolving on him. In exercising his authority, the delegatee will comply with the general or specific instructions or guidelines given or prescribed by the Central Office or other controlling authority from time to time.
14.1.2. The delegatee will not exercise any authority in favour of himself or any member of his family or knowingly grant or authorize the grant of any advance facilities to or enter into or authorize entering into by or on behalf of the bank any contract, agreement or proposal in any matter or sanction any contract or loan to any undertaking or person if any member of his family is employed in that undertaking other than a public company or under that any person if he or any member of his family is employed in that undertaking or under that person or if he or any member of his family has interest in such matters or contract in any other manner.
Explanation: A person is not deemed to have any interest in an undertaking for the purpose of this regulation if he is only a shareholder having not more than 2% of the paid-up capital of the undertaking in his name.
14.1.3. In this context, family means:-
i) In the case of male officer employee his wife, whether residing with him or not, but does not include a legally separated wife and in the case of woman officer employee her husband, whether residing with her or not, but does not include a legally separated husband.
ii) Children or stepchildren of the officer employee whether residing with the officer employee or not and wholly dependent on such officer employee but does not Central Bank of India ________________________________________________________________ Loan Policy 59 include children or step children of whose custody the officer employee has been deprived of by or under any law, and
iii) Any other person related by blood or marriage to the officer employee or to his spouse and wholly dependent upon such officer employee.
14.1.4. In this context, the terms relatives mean:- a. Spouse b. Father c. Mother (including Step Mother) d. Son (including Step Son) e. Sons Wife f. Daughter (including Step Daughter) g. Daughters husband. h. Brother (including Step brother) i. Brothers wife j. Sister (including Step Sister) k. Sisters husband. l. Brother (including Step Brother) of the spouse. m. Sister (including Step Sister) of the spouse.
14.1.5. Advances to Relatives of Staff Members
14.1.5.1. All proposals for credit facilities to the relatives of the staff members shall be referred for sanction to the appropriate delegatee under whose powers the proposal fall but not below the rank of Regional Manager / Chief Manager and that such delegatee is at least one scale above in rank over the concerned staff member whose relative has applied for loan.
14.1.5.2. Where the other party to a transaction, or the proprietor/partner/director of such opposite party / concern, is related to the delegatee the proposal / transaction will be referred to the next higher authority even though the proposal / transaction is within the powers of the delegatee. In such cases, the fact of the relationship with the delegatee will be brought out clearly while recommending to the higher authority.
14.1.5.3. Exception
The facility against Term Deposits, approved Shares, LIP, NSCs, KVPs, Units of approved Mutual Funds can be sanctioned by the Competent Authority within their respective delegated powers as per the guidelines issued from time to time. LIP includes Life Insurance Policies issued by other Insurance Companies also, which can be assigned in favour of the bank.
14.1.6. Advances to staff members / Ex-staff members and their relatives on commercial terms.
14.1.6.1. Advance to staff members 14.1.6.1.A. Requests for Loans may normally be received from Staff Members for considering on the terms and conditions applicable for general public. Such request will be considered as under: Central Bank of India ________________________________________________________________ Loan Policy 60 14.1.6.1.A i. Matters relating to staff and officers up to scale III working in the region and regional office will be sanctioned by Regional Manager. 14.1.6.1.A ii.Matters relating to staff and officers up to scale III in ELBs / VLBs / Zonal Office will be sanctioned by respective Chief Manager/Assistant General Manager. 14.1.6.1.A iii.Matters relating to officers in scale IV & V in Zone (including Assistant General Managers posted at Zonal Office, Regional Office, Branches, and RRBs) and staff and officers in Training Colleges and other Administrative Offices will be sanctioned by Zonal Managers. 14.1.6.1.A.iv.Matters relating to staff and officers in scale up to III posted at Central Office, will be sanctioned by CM (HRD-CSD) and for officers in scale IV and above, the sanctioning authority will be one scale higher than the concerned staff but not below DGM (HRD). 14.1.6.1.B. Matters relating to Officers of Scale VI and VII in the Zone will be sanctioned at Central Office by General Manager (Cr.) and Executive Director respectively. 14.1.6.1.C. Matters relating to Zonal Offices headed by AGM/DGM/GM as Zonal managers should invariably be forwarded to Central office as per existing practice / norms. 14.1.6.1.D. Any credit facility sanctioned to a relative of any officer in Scale IV and above should be reported to the Board. Further, when a credit facility is sanctioned by an authority, other than Board to: any firm in which any of the relative of any senior officer (Officers in Scale IV and above) of financing bank holds substantial interest, or is interested as a partner or guarantor; or any company in which any of the relative of any senior officer (Officers in Scale IV and above) of the financing bank holds substantial interest or is interested as a director or as a guarantor. Such transaction should also be reported to the Board. 14.1.6.2. No loan except against Banks Deposit Receipts and other usual loans as has been permitted by the personnel department will be granted to a member of the staff by an authority lower than Chief Manager / Regional Manager. Advance Salary beyond prescribed rules would be deemed to be a Loan for the purpose of these rules.
14.1.6.3. Chief Managers of very large branches may sanction advances to staff within their delegated powers and as per laid down policy of the bank subject to advice to the concerned Regional Manager.
14.1.6.4. Advances to Ex-Staff and their relatives: The clause 14.1.6.1. will remain applicable to the Ex-staff for a period of 2 years from the date he / she ceases to be in service of the Bank The provisions of clause 14.1.5. shall not apply to the relatives of Ex-Staff members and they will be treated as any other borrower.
14.1.7. Guidelines for granting of Loans and Advances and award of Contracts to Directors of bank (any other Bank) and their relatives as also granting of loans to Chairman and Managing Director, Executive Director or other Directors of our Bank are given in Annexure No. II. Central Bank of India ________________________________________________________________ Loan Policy 61 14.1.8. Sanctioning advances through oral or telephonic instructions should not normally be done. However, in the event of urgent and demanding business requirements, such instructions should immediately be recorded and confirmed in writing. It is obligatory on the part of lower authority to seek on the same day and obtain confirmation in writing when acting upon the oral / telephonic instruction of the higher authority. It is equally obligatory on the part of the higher authority to confirm in writing on the same day any oral instructions given by him to a lower authority.
14.1.9 Advances to staff and staff relatives under Direct Housing Finance Scheme to be considered strictly as per the provisions contained in the scheme. Sanctioning authority for such loans shall be as per the powers delegated specifically under the scheme. a) Loans to Staff Members Loans to Staff Members under DHFS would be sanctioned by the same sanctioning authority who would be sanctioning the loan under Staff Housing Loan Scheme. b) Loans to relative of a Staff Member jointly with the staff member as principal borrower or co-borrower Normal Sanctioning Authority. c) Loans to Staff Relatives Normal Sanctioning Authority.
14.2. Lending Authority
To regulate the deployment of credit as well as sanction of credit, the Board of Directors of the Bank will determine the lending and discretionary powers of various authorities.
14.2.1. The lending authorities in the bank shall be:- i. Branch Manager in different categories of branches. ii. Regional Manager in the Regional Offices. iii. Asst. General Manager in Zonal Office / Branch. iv. Dy. General Manager in Central Office /Zonal Office / Branch. v. General Manager in Zonal Office / Central Office. vi. Any official of the bank duly designated by the Chairman and Managing Director. vii. Regional/Zonal Credit Approval Committees RCAC/ZCAC viii. Executive Director. ix. The Chairman and Managing Director. x. Credit Approval Committee of the Board (CACB) xi. Management Committee of the Board: The Management Committee is constituted by the Board of Directors to consider credit proposals up to the levels determined by the Board. xii. Board of Directors. The Board of Directors is the apex level authority of the Bank to decide the overall policy of the bank with regard to credit.
14.2.1.1 In a set up where delegatees at the level of Scale IV and above co-exist, each of them will exercise the powers delegated to them. This power can also be exercised by ARM in the grade Scale III posted in Regional Offices. However, the relative sanction advices to be put up to the next sanctioning authority immediately for information. Central Bank of India ________________________________________________________________ Loan Policy 62
14.2.1.2 In emergent circumstances, the Chairman & Managing Director shall have the discretion to take decision, subject to ratification by the CACB/Management Committee in respect of proposals which fall beyond his lending powers. In the absence of Chairman & Managing Director, Executive Director shall have the discretion to take a decision and put up for ratification by CACB/Management Committee.
14.2.2 All Loans (whether temporary or on a regular basis) granted in exercise of lending powers will be made strictly in conformity with the Managements Policy regarding the Banks lending activity and will always be in line with the shift in emphasis that may be advised from time to time.
14.2.3 In exercising his/her lending authority, the delegatee will observe following pre- requisites: The borrower should be a customer of the bank, known to the bank or in case of a new customer properly introduced to the bank by a person well known to the bank and the branch should have reasonable knowledge and / or experience in his line of dealings. Normally, discretionary accommodation will not be granted immediately on opening an Account.
14.2.4 The authority vested in the delegatee shall be exercised after having the proposals duly evaluated on the basis of : i. Application in the prescribed format. ii. Proposal in the prescribed format. iii. Financial statements (latest being not older than one year and key financial parameters not older than 6 months) iv. Credit report from other banks. v. Credit report prepared by the bank. vi. Market reports wherever required. vii. Particulars and state of related accounts dealing with the bank. viii. Particulars of credit limits enjoyed with other bank, and ix. Process note.
14.2.5 Every proposal / sanction will be justified by the borrowers past performance, or record of his dealings with the Bank and / or supported by a good status / credit report on him. A status / credit report on the party will be normally compiled before granting any facility. All credit facilities will be granted strictly in conformity with the terms as to margin, rate of interest etc. as prescribed from time to time by the Central Office or RBI and against approved securities (i.e. securities / assets on the banks approved list).
14.2.6 Lending powers will not, normally be exercised for granting any facility to a customer in whose favour a regular limit is already sanctioned ( or declined), by the higher authority.
14.2.7 Total of the facilities granted to two or more concerns, which form a group, will not exceed the lending powers of the delegatee. In other words, all associate concerns will be treated as one borrower for the purpose of determining the maximum advance that can be granted by the delegatee except in specific cases where the Board of Directors delegate the powers subject to ensuring that the Central Bank of India ________________________________________________________________ Loan Policy 63 overall exposures fixed for the group by the Management Committee and / or RBI is adhered to. While fixing Credit limits, Limit already sanctioned or being sanctioned against uncleared effects should also be taken into consideration to ensure that overall limit sanctioned by the delegatee is within his lending authority.
14.3 Lending Powers Lending Powers delegated by the Board to authorities at various levels are given in Annexure - 3.
14.3.1.1 Maximum lending power inclusive of bills negotiated under L/C [opened by First Class Bank (only for borrowers with limits, both Inland/Export)] will not exceed Rs.400 Crore, Rs.100.00 Crore and Rs.75.00 Crore in case of CACB, CMD & ED respectively. For other delegatees, the powers are as mentioned in item 6 of Annexure 3. 14.3.1.2 Chairman and Managing Director is authorized to enhance, abridge, amend or suspend the delegated power or any part thereof of any of the delegatee whenever need arises and on such occasions he may inform the Board / M.C. of Board/Credit Approval Committee of the Board. 14.3.1.3 Exercise of discretionary powers / ad hoc sanctions on emergent basis may be exercised as per prudential norms and as detailed in para No.14.4. 14.3.1.4 Proper registers of ad hoc sanctions / discretionary powers utilized by various authorities should be maintained along with the adjustment. 14.3.1.5 The delegated powers shall be exercised in accordance with the Reserve Bank of Indias directives / instructions / guidelines and also the Banks lending policy and instructions on the subject. 14.3.1.6 In case where the Chairman and Managing Director / Executive Director exercises powers in excess of his delegated authority, then such cases should be put up to the Board/ Management Committee for ratification / information mentioning the reasons for the urgency for the sanction. 14.3.1.7 In Group cases, the delegatee will exercise only the authority vested as per the Lending Powers as above i.e. after taking the total limits of all the group accounts put together. 14.3.2 All delegatees can consider term loans within their delegated powers. 14.3.3 Lending Powers will not be exercised without ascertaining whether the borrowing concern and / or its proprietor / partner (s) has any account (s) with any other branch of the bank and if so, only after ensuring that similar or other facilities are not granted at the other branch (this would ensure the accommodation at one branch is not used to adjust advances at the other branch). In the same way, no proposal should be entertained by one branch, if they are aware that a similar one is rejected by any other Branch. 14.3.4 While exercising lending powers, the delegatee will strictly observe the following procedure. 14.3.4.1 Appropriate Loan Application / request on standard format and the prescribed credit information will be obtained in writing from the borrower.
14.3.4.2 Even where the proposal is not required to be submitted to a higher authority, a process note will be completed in all respects (in the same manner in which a proposal is forwarded to higher authority for sanction) and appropriate comments Central Bank of India ________________________________________________________________ Loan Policy 64 on the proposal will be made on the Loan Application Form and the sanction will be accorded under the delegatees full signature. 14.3.4.3 Sanction Advice (on the prescribed manifold set) will be prepared and various conditions and security documents as prescribed and advised by Central Office from time to time for different types of limits will be correctly stipulated as part of the terms of sanction.
14.3.4.4. Revalidation of Sanction Limits
Sanctions in respect of working capital and term loan facilities shall be valid for 6 months, from the date of sanction. Facilities not availed within the above period should be treated as lapsed and borrower be advised accordingly. Unless a lapsed sanction is revalidated by the competent authority within a maximum period of 12 months from the date of sanction, no facility should be released. In case of lapsed sanctions falling under the power of officials up to the level of GM, the same shall be revalidated by the sanctioning authority and in respect of sanctions under the power of ED / CMD/ CACB and MC revalidation of lapsed sanctions can be considered by ED/CMD/CACB. However, to safeguard banks interest, while permitting revalidation, the competent authority shall obtain and study the latest financials of the borrowers /units and also ensure that the projections submitted at the time of original sanction continue to hold good.
14.3.4.5. Sanctioning Authority for Miscellaneous Requests
Very often requests are received for issuance of No Objection Certificates for different purposes such as:
a. For raising of funds through equity/debentures/ other instruments, through IPO/ private placement. b. For availing of finance from other Banks/FIs by giving exclusive first charge in favour of such lenders. c. For sharing of security on pari passu basis with other bankers d. Deleted. e. For the purpose of merger/ demerger/amalgamation/ hiving off of another company with the borrowing company, etc. f. For raising finance outside MPBF through other sources available to the borrower. g. For investment in subsidiaries/associate companies. h. For issuance of corporate guarantees in favour of others, etc. i. For release of securities. j. For ceding 2 nd charge on assets (on which we have 1 st charge), in favour of other lenders provided reciprocal charge is available.
When request for NOC is affecting the security pattern and security coverage, the revised Asset Coverage Ratio will be worked out and a decision for issuance of NOC will be taken as under: (i) For accounts sanctioned at Central Office: The respective delegated authority. CACB can exercise such powers for accounts falling within the purview of MCB also.
Central Bank of India ________________________________________________________________ Loan Policy 65 (ii) For accounts sanctioned at other than Central Office: The respective delegated authority not below the rank of CM.
14.3.4.6. Quoting of Rate of interest for Credit Facilities
CMD / ED are empowered to permit quoting of Interest Rates on credit facilities where quotes are invited by PSUs / Large Corporates. In case of acceptance of quoted rates by such Corporates, the same shall be placed before CACB/MCB for ratification. If the sanction of credit facilities is falling within the powers of CACB, the committee is empowered to permit quoting of interest rates on credit facilities where quotes are invited by PSUs/Large Corporates. However, such approvals shall not be treated as sanctions for the purpose of reporting to higher authorities.
14.3.5. Guidelines on Lending to Selective Credit Control Commodities Branch Managers will not sanction any credit facilities against the security of commodities falling under the Selective Credit Control directives of the RBI. Parties dealing in such commodities will not be sanctioned facility even against Government Securities, shares and Debentures, if such facility enables them to by pass the Reserve Bank of India Directives. Presently, the following commodities are covered under stipulations of Selective Credit Control: i) Buffer stock of sugar with Sugar Mills ii) Unreleased stocks of sugar with Sugar Mills representing levy sugar, and free sale sugar The proposals for grant of advances against commodities covered under Selective Credit Control shall be referred to the Regional/Zonal / Central Office for sanction.
14.3.6. No delegatee below the rank of General Manager shall exercise his lending powers for purchasing / discounting of bills drawn on the associate / sister concern of the borrower and that too on being satisfied that there is an underlying genuine trade transaction. As a matter of precaution, branches along with usual documents should obtain from the borrowers an undertaking that they will not avail any advance against bills drawn on / book debts due from associate / sister concerns without specific limits from the bank.
14.3.7 Powers to approve extension of PC
All Zonal Managers/ Regional Managers (in the rank of DGM) and DGM of CFBs shall have the power to allow extension of PC up to 360 days in case of working capital subject to compliance with the RBI guidelines issued from time to time. Such extensions shall be allowed keeping in view the genuineness of the request and subject to reporting to next higher authority.
Request for extension beyond above mentioned period shall be referred to Central Office and at Central Office, ED and above shall have powers to take a decision, subject to obtaining permission from RBI wherever required.
Central Bank of India ________________________________________________________________ Loan Policy 66 14.3.8 Powers to approve Letters of Comfort for availing Buyers Credit
(i) Any request for issuance of Comfort Letters to enable the borrowers to avail Buyers Credit shall be considered by the delegatees not below the rank of Dy. General Manager within their respective delegated lending powers. Any request falling beyond the delegated powers of DGM (ZM) shall be approved by GM/CGM (Credit) at CO and in respect of GM (ZM), ED and above shall have the powers to approve the same at CO. (ii) Letters of Comfort are to be issued only after verifying that the same has factored while assessing total Working Capital requirements based on over all operating business cycle of the borrower. (iii) Working Capital requirements are to be assessed duly considering the overall operating business cycle after reducing credit availability and mode of source of funds such as Net Working Capital (NWC), fund based and non fund based credit facility from the Bank (s) etc. (iv) If Buyers Credit is factored at the time of assessment of WC, then LOC can be issued after due sanction by the Competent Authority.
(v) The letters of Comfort issued, on behalf of the domestic and importer customer, is in the nature of Guarantee in favour of the lending institution & it will also be a part of the Letter of Guarantee limits of the borrowers.
(vi) Where the availment of Buyers Credit has not factored at the time of assessment of WC, but borrower/ corporate, still seeks issuance of LOC for availing Buyers Credit, then the WC requirements are either re-assessed or the WCL are proportionately earmarked from the total working capital facilities availed.
(vii) As applicable to NFB limits, in case of LoCs also, necessary Contra to be passed for keeping effective control.
(viii) Bank should disclose full particulars of all the Letters of Comfort (LoCs) issued during the year in the Balance sheet as part of the Notes to Accounts.
(ix) Operating cycle will be the maximum tenure of the LOC.
(x) Commission and other charges as applicable in the case of Financial Bank Guarantee.
(xi) Any extension of LOC on due date shall depend upon operating cycle.
14.3.9 Interim Disbursement of Term Loans pending creation of security
It will be our endeavour to effect disbursement only after stipulated security is created. However, in case disbursement is required urgently for project implementation, interim disbursement may be considered subject to compliance with the following conditions:
1. Disbursement will be restricted to 75% of the loan amount and will carry an additional interest rate of minimum 0.50% p.a. 2. NOCs from their existing charge holders, in exceptional cases at least NOCs of the Lead Bank should be in place. 3. In exceptional cases disbursement can be considered without NOCs subject to a higher interest rate of 1% p.a. and against stamped undertaking (including a Central Bank of India ________________________________________________________________ Loan Policy 67 Power of Attorney) to create charge within 6 months. This will need to be approved by the sanctioning authority. 4. Disbursement will be effected against stamped undertaking to create securities which include a Power of Attorney clause within a maximum period of 6 months failing which the Bank has the right to charge higher rate of interest of up to 2% p.a. 5. All cases where security is not created as per undertaking will be reported to ACB of Board. 6. CACB is authorised to approve above deviations. 7. In respect of credits sanctioned by CACB, it can approve deviations listed 1 to 5, subject to merit on case to case basis.
14.3.9. A CACB is authorized to release sanctioned facilities pending financial closure/ full tie up in case of Underwritten Debt.
14.3.9. B For giving permission to release part of primary/collateral security: Normally, the Bank will not permit release of any security, which involves dilution of FACR. However under exceptional circumstances, such request may be considered provided the following conditions are satisfied.
a. The remaining security securities are valued afresh by two independent valuers. Moreover, these securities must be marketable. b. After the release, the FACR should be above 1.5 c. Accounts have been satisfactorily operated for a minimum period of three consecutive years without any adverse remarks d. CACB shall have the powers to consider such requests. e. Amount of loan sanctioned to the borrower is above Rs. 5 Crore.
14.3.10 Special Discretionary Powers to Credit Approval Committee of the Board (CACB) In respect of credit facilities which are falling within its powers, the committee is empowered to: 1. Reduce rate of interest by 200 basis points in any account from the approved rate of interest. 2. To convert fixed rate to floating rate by linking it to current Base Rate or vice-a-versa. 3. To vary the reset clause for one year. 4. To increase the tenor of the loan/ moratorium as per RBI guidelines. 5. To grant concessions in service charges.
On exercise of above delegated powers in respect of accounts which are falling under powers of MCB, the matter shall be reported to MCB for information.
MCB/ CACB (Credit Approval Committee of the Board). In respect of advances upto Rs.400 Cr., the CACB is empowered to exercise the powers which are hitherto rest with MCB.
Further what are all the deviation & other related approval powers presently exercised by CMD/ EDs on MCB sanctions, shall stand shifted to CACB.
14.3.11. Reporting of Sanctions An appropriate entry will be made in the Sanction Reporting Register by the Delegatee to record the sanctions given by him under the powers vested in him/ her. A summary report on exercise of lending powers will be submitted to the controlling office, in the prescribed form within a week of the following calendar Central Bank of India ________________________________________________________________ Loan Policy 68 month. A similar Reporting Register will be maintained at Central Office also by the delegatee and submitted to the next higher authority, in the prescribed form. However, the sanctions made by the Executive Director will be reported to the Management Committee of the Board.
14.3.12. All such reports shall be scrutinized by the Controlling Office and comments, if any will be intimated to the sanctioning authority for appropriate action.
14.4 Discretionary Powers / Ad hoc Sanctions - Deleted [Paras 14.4 to 14.4.15 have been deleted] Refer Annexure 24 A for revised guidelines on Adhoc Sanctions.
14.5. Review and renewal of Limits
All the working capital limits should be reviewed after appropriate period.
14.5.1. The Bank shall adopt discriminatory time schedule for renewal and review of credit limits of Rs.100 lakhs and above based on the credit rating assigned, as under:
Credit Risk Rating Periodicity of review / renewal CBI-1 to CBI-7 12 Months (Annual) CBI-8 and below 6 months (biannual)
14.5.2 However advances where credit rating is not applicable and advances below Rs.100.00 lakhs will continue to be reviewed / renewed once in a year i.e. 12 months.
14.5.3. Concept of Short Review
14.5.3.1. In case, the Regular Review/Renewal of limits gets delayed for some genuine reasons like non-availability of provisional/audited financial statements, a system of conducting short review to take a view on continuation of facilities, stipulating a dead line for conducting regular review of limits, the borrowal accounts may be reviewed for a short period of not more than 6 months based on: - Provisional figures submitted by Borrower. - Statistical availment data of the limit and - Past performance of the account.
14.5.3.2. Regional offices are required to maintain and monitor the calendar of Review/Renewal of accounts of the branches under their jurisdiction.
14.5.3.3. If due to unavoidable circumstances and due to genuine reasons the party is not able to furnish the required particulars and the renewal exercise cannot be completed by the due date, any extension of tenability of limits thereof can be done only through a short review by the respective sanctioning authority.
14.5.3.4. Any proposal for extension of limits beyond 6 months in very exceptional cases shall be taken up with Central Office only.
14.5.3.5. While permitting extension, the respective authority who permits such extension may permit continuation of ROI and concessions permitted at the time of sanction/renewal unless otherwise warranted. Central Bank of India ________________________________________________________________ Loan Policy 69 14.5.3.6. Normally in expired limits, exposures beyond the sanctioned limits cannot be permitted.
14.5.3.7. The time schedule herein above specified is the maximum permissible time. The extension of the tenability of the limit should not be permitted as a matter of routine. In other words, while extending the tenability of limits the respective sanctioning authority shall review the borrowal account in its entirety covering conduct of the account, pending issues relating to documentation, sanction terms, financial position of the borrower/borrowing unit, etc., the recommending authority shall place their specific recommendations before the appropriate authority.
14.5.3.8. If credit limits are not renewed or extended as stated above, the branches/offices shall examine and recommend further course of action to the appropriate sanctioning authority.
14.5.3.9. If the branches submit the full renewal credit proposal of a borrower before the expiry of the existing credit limits or before the expiry of the extended period of the credit limits recommending renewal based on merits thereof, they shall be in order in continuing to make available the existing credit facility till such time a decision thereon is received from the sanctioning authority. Also, if the sanctioning authority permits renewal thereof (including with enhancement, if any), the action of the branch concerned in making available the expired limits shall be deemed to have been approved.
14.5.3.10. In respect of consortium accounts where we are only a member, if the process of limits is not likely to be completed by the leader even within the extended period of tenability permitted by our Bank, our branches/offices shall take steps at least to independently renew the limits either at the existing level or at lower level after obtaining the latest audited /provisional balance sheet /figures relating to key financial indicators etc, from the borrower within a period of 45 days thereof. This is however, subject to ensuring that there is no deterioration in the financial position of such borrowers.
14.6. Loan system for Delivery of Bank Credit
As directed by RBI, all borrowal accounts enjoying working capital (Fund based) limits of Rs.10 crores and above will be brought under Loan System for delivery of bank credit, i.e. Working Capital Limits will be disbursed by way of Working Capital Demand Loan to the extent of 80% of sanctioned limit and remaining 20% by way of cash credit (running account) except in following cases which are exempted from the provision of the Loan System for Delivery of Bank Credit:-
- Sugar - Tea - Tobacco - Fertilizer - Vegetable Oil Industry - Petroleum (Oil Industry) - Full fledged Money Changers - Parties mainly engaged in activities of Laying Transmission Lines, supply of equipments for the same, erection of sub stations and other Engineering, Design, erection / Fabrication including projects undertaken on Turnkey Basis. - Beverages Industry manufacturing soft drinks, aerated water (Soda / flavored or sweetened etc.) Central Bank of India ________________________________________________________________ Loan Policy 70
14.6.1. However, the sanctioning authority in the rank of GM and above has the discretion to increase the cash credit component beyond 20%.
14.7. Prohibitions on Exercise of Delegated Lending Powers and Discretionary Powers / Ad hoc Sanctions
14.7.1. Where a higher authority has already declined a proposal or an ad-hoc limit, the lower authority shall not exercise his delegated / discretionary authority. 14.7.2. Giving continuous accommodation and / or allowing accommodation despite continued irregularities in the account, to the same customer or allowing indiscriminate excesses over the sanctioned limits. 14.7.3. Granting temporary overdrafts in more than one account of the same party so that such funds are ultimately utilized by one and the same party. 14.7.4. Adjusting advances granted in one account by giving accommodation in another account of the same party or its sister concern. 14.7.5. Purchasing accommodation bills. 14.7.6. Granting accommodation or recommending renewal or additional credit, without disclosing material irregularities in the account, such as large return of bills / cheques purchased shortages in stocks, lack of turnover of stocks etc. 14.7.7. Splitting up a transaction to avoid reference to higher authority. 14.7.8. Sanctioning a fresh proposal or a part there of which actually falls within the powers of higher authority.
14.8. Restrictions on Use of Delegated Powers / Discretionary Powers / Ad hoc
14.8.1. No Officer or any committee comprising, inter-alia, an officer as member, shall, while exercising powers of sanction of any credit facility, sanction any credit facility to his/ her relative. Such facility shall be sanctioned by the next higher sanctioning authority only.
14.8.2. Frequent sanctioning of temporary overdraft to the same party in one or more accounts shall be avoided.
14.8.3. Lending for Liquor Trade shall be sanctioned only at Regional Office/ Zonal Office and above.
14.8.4. The proposal for credit / facilities to industries under watch list and Low Priority list will be referred to Central Office for in principle approval except where discretion is allowed to the Regional Manager/ Zonal Manager and to certain Regional Managers specifically in case of Textile industries. 14.8.5. Lending to transport operators should be allowed by the Regional Offices, selectively at branches which have a good track record of recovery and inform Zonal Office. 14.9. Miscellaneous
14.9.1. Full discretion is allowed to all delegatee to grant overdrafts / loans against banks own deposit receipts subject to : i) Usual margin requirement. ii) Prior approval of RBI wherever applicable. Central Bank of India ________________________________________________________________ Loan Policy 71 14.9.2. In case of any specific scheme which are sanctioned by Central Office the individual loan amount may sometime exceed the powers delegated to Branch Managers for the specific purpose. In such cases, Managers of the Branches within whose jurisdiction, the specified schemes are to be implemented, are authorized as a special case to sanction loans to the extent of the maximum individual limit indicated in such schemes, although the unit cost would exceed the normal delegated powers, or it may relate to an item for which they may not enjoy any powers. 14.9.3. Where an Officer is appointed to officiate in a higher post, he shall exercise the powers attached to the higher post. 14.9.4. The advances made to Directors of corporate borrowers under retail lending schemes in their personal capacity, may be excluded while calculating total exposure to the corporates / companies. It should be ensured that the said directors are otherwise independently eligible for loan under the schemes complying with all the terms of the scheme. The advances to directors of corporate clients under retail lending schemes under above circumstances may be sanctioned by authority not below the rank of Regional Manager / Chief Manager in charge of Branch.
14.9.5. Delegated Powers in case of Officials due for Retirement
14.9.5.1 A delegatee who is about to retire within next 3 months, or has submitted resignation/voluntary retirement shall not exercise his delegated / discretionary powers independently.
14.9.5.2. All the field level officials BM/RM/ZM who are due to retire within 3 months shall be withdrawn from the present posting wherever possible.
14.9.5.3. In case of there being no possibility of withdrawing them from such assignment due to exigencies in the concerned Scale / Grade or for any other reasons then the delegated powers shall be exercised through committee as explained in Central Office circular CO:94-95:134 dated 20.07.1994 and CO:PRS:2000-01:56 dated 16.06.2000. The gist of these circulars is as under:
(A) At Central Office level: DGM, GM, ED and CMD at Central Office level are permitted to exercise the sanctioning powers (lending & non-lending delegated to them), during the period of three months prior to their retirement. However, the proposals sanctioned by them during the said period should be put up immediately to the next higher authority and in case of CMD to MC of the Board.
(B) Zonal Office level: Retirement of Zonal Manager A three member Committee comprising of ZM (retiring), DGM / AGM and CM/s (preferably not connected with the Proposal for which the discretionary powers are being exercised) may be formed to exercise the sanctioning / discretionary powers of the retiring ZM during last 3 months of his tenure.
(C) Regional Office level: Retirement of RM A three member Committee comprising the RM (retiring), ARM and Manager (preferably not connected with the proposal for which the Central Bank of India ________________________________________________________________ Loan Policy 72 discretionary powers are being exercised) will be formed to exercise the powers of the retiring RM during last three months of his tenure.
(D) Branch level: i) Branch headed by CM & above a) At branch headed by AGM A three member committee to be formed comprising of AGM (retiring), CM &/or Senior Manager &/or Manager/s. b) At branch headed by CM A three member committee to be formed comprising of CM (retiring), Senior Manager and/or Manager/s. ii) Retirement of BM other than (a) & (b) above It may be practically difficult to have committee approach for exercise of sanctioning powers during the last 3 months before the branch in-charges are due to retire. Therefore, the existing procedure of reporting their sanctions to the next higher authority will continue. The controlling offices are required to keep a special watch on the exercise of powers by the branch functionaries during 6 months prior to their retirement. The names of BMs should be furnished to the Controlling Offices as well as Inspection / Vigilance Department 6 months prior to their retirement.
14.9.5.4 The authorities posted at Central Office in the rank of Deputy General Manager, General Manager, Executive Director, and Chairman and Managing Director will continue to exercise the sanctioning powers (lending & non-lending delegated to them) during the period of three months prior to their retirement. However the proposals sanctioned by them during the said period should be put up immediately to the next higher authority and in case of Chairman & Managing Director, to the Management Committee of the Board.
14.10. Committee Approach 14.10.1. As per RBI guidelines our Bank has put in place system of approval/recommendation of credit proposals by Loan Advisory Committee. 14.10.2. All the proposals falling with in the powers of Executive Director and above will be approved / recommended by Loan Advisory Committee. 14.10.3. (A) The Loan Advisory Committee at Central Office for the credit proposals which are falling under powers of delegatees EDs and above except CACB, is as under:
a. Chief General Manager (Cr. Monitoring) b. Chief General Manager (Credit) c. General Manager (Credit) d. General Manager (Risk Management) e. General Manager (Priority Sector) f. Dy. General Manager (Treasury)
(B) The Loan Advisory Committee for credit proposals which are falling under powers of CACB: a. Chief General Manager (Cr. Monitoring) b. General Manager (Retail Lending) c. General Manager (Priority Sector) d. General Manager (HRD) e. Dy. General Manager (Treasury) f. Dy. General Manager (Risk Management) Central Bank of India ________________________________________________________________ Loan Policy 73
LAC for credit proposals which are falling under powers of CGM/ GM at CO: a. Dy. General Manager (Credit) b. Dy. General Manager (Risk Management) c. Dy. General Manager (Priority Sector) d. Dy. General Manager (Credit Monitoring) e. Dy. General Manager (Treasury) f. Dy. General Manager (ID)
14.10.4. The quorum shall comprise of any Three members in all LACs. 14.10.5. However all other miscellaneous proposals such as modification in sanction terms, interest rate modifications, NOCs, FCL conversions etc is to be continued as per present set up i.e. recommended by the Credit Department to the sanctioning authorities. 14.10.6.It is also laid down that all the ROs and ZOs shall also constitute LAC at their levels to examine/approve/recommend all the credit proposals over Rs. One Crore before the same is put up to the Sanctioning Authority. 14.11. Take Over Of Advances: (Deleted) {Paras 14.11 to 14.11.8 deleted}
Refer Annexure 24 B for revised guidelines on Take over of advances.
15. (15.1 to 15.6)Deleted. 15.7. Deleted
15.8. EXIT POLICY
15.8.1. It is desirable for the Bank to contemplate exiting from the account
a. When the concentration is at higher level, which exposes the Bank to adverse changes in that sector in which credits are concentrated. b. Where the borrowers profile emits warning signals of probable slippage in asset quality / probable default / operating under stress.
c. When the borrowers rating is consistently goes down and reaches the rating of CBI-7.
15.8.2. Wherever we are sole bankers, our approach will be not to increase exposure but to share limits with other banks. In case of multiple / consortium banking arrangements, our approach would be, to reduce the share / exposure and in extreme cases, our exposure may be unloaded to other participating banks or a new entrant, even at discount, to be determined by Central Office or exit through OTS.
15.8.3. The possibilities of exiting from the standard accounts emitting warning signals of probable slippage in asset quality / probable default / operating under stress, may be explored with a small sacrifice to be decided by Central Office on case to case basis, to avoid larger sacrifice from a potential NPA / CDR a/c.
Central Bank of India ________________________________________________________________ Loan Policy 74 15.8.4. In borrowal accounts with total limits of Rs.5.00 crore and above which have any of the characteristics as detailed in 15.5.10 or which are declared as SMAs, possibilities of reducing concentration through exit route should be explored with least sacrifice and matter may be referred to Central Office.
15.9. Management Information System
15.9.1. Accuracy and timely availability of information on the exposure that Bank assumes, is one of the pre-requisite for effective management of credit risk. To ensure that credit portfolio of the Bank is managed effectively, the officers involved in the credit process should carefully verify for accuracy of the information entered in their records and also monitor the submission of all requisite returns in a timely manner.
15.9.2. Recognizing the importance of a strong and accurate MIS System, the Bank is in the process of putting up a robust technology driven MIS package, which after implementation will enable efficient dissemination of data management on a bank- wide basis, will enable quicker compliance of statutory and regulatory returns and would enable the top management to take appropriate decisions based on accurate MIS data.
15.9.3. Bank has laid out various returns to be submitted ranging from weekly, fortnightly, monthly and quarterly rests. It is the responsibility of the Officers submitting the return to ensure that the data furnished accurately reflects the information on record.
16. Important Guidelines
16.1. Fund Based Finance
16.1.1. Working Capital : It includes the facilities as under: a) Cash Credits and Packing Credits (including Trust Receipts and Working Capital Term Loan) against Pledge / Hypothecation of stock-in-trade and / or standing crops (plantations). b) Discount / Purchase of Inland / Foreign Demand Documentary (D.P.) Bills and Usance Documentary (D.A).Bills under Letters of Credit. c) Overdrafts against approved securities with prescribed margin. d) Discount of Inland Usance D.A.Bills with Bankers Co-Acceptance / Guarantee (Under Re-discounting Scheme of IDBI (MMDP) / RBI (NBMS). e) Import Loans against imported consignments received under L/Cs opened by our Bank. f) Overdrafts against book debts / Government Supply Bills. g) Discount of Inland / Foreign Usance (DA) bills not covered under L/Cs. h) Advance against Demand Documentary Bills for collection. i) Advance against Warehouse Receipts. j) Advance against un-drawn balance. k) Channel Financing.
16.2. Term Loans / Demand Loans / DPG: This includes: Central Bank of India ________________________________________________________________ Loan Policy 75 a) Fully secured Term Loans and Demand Loans as well as Term Loans partly secured with collateral security. b) Deferred Payment Guarantee secured with exclusive / pari-pasu charge on the assets.
16.3. Unsecured (Clean) Finance: This includes:
a. Loan / Overdraft where realisable value of security is not more than 10% of the limit ab-initio. b. Withdrawal allowed against uncleared / unrealised local or outstation cheques for collection. c. Advance against Cash incentives, Export Subsidy and IPRS (outside DDS-1976 scheme.
17.1. Credit risk is defined as the possibility of losses associated with diminution in the credit quality of borrowers or counter parties. In a banks portfolio, losses stem from outright default due to inability or unwillingness of a customer or counter party to meet commitments in relation to lending, trading, settlement and other financial transactions.
17.1.1. In the above backdrop, it is imperative to have a robust credit risk management system, which is sensitive and responsive to these factors. The effective management of credit risk is a critical component of comprehensive risk management and is essential for the long-term success of the organization.
17.1.2. The management of risk involves the following: a. Identification b. Measurement c. Monitoring d. Controls
17.2. The bank has introduced a comprehensive Credit Risk Policy. Some of the salient features of the Credit Risk Policy are incorporated to address credit risk.
17.2.1. Strategies to avoid concentration of risk
17.2.1.1. Exposure norms Fixing of Credit Exposure norms would be one of the important strategies of Credit Risk Management. The idea of determining the exposure limits is to ensure that the bank does not get over exposed to a particular borrower/group of borrowers or in a particular activity or industry. 17.2.1.2. For the purpose of deciding the maximum exposure, the limits are fixed in the loan policy as under: - i. Borrower - wise ii. Industry and activity wise Central Bank of India ________________________________________________________________ Loan Policy 76 iii. Exposure limits Borrower wise/Group wise iv. Exposure limits in relation to various activities and industries: - The broad guidelines given in loan policy shall be scrupulously followed.
17.2.1.3. Level of Diversification
Loan policy of Bank stipulates maximum exposure across various industries to avoid concentration of risk. With diversification of portfolio Bank will be able to address the non-systemic risk. Hence, it would be endeavor of the Bank to keep diversified loan portfolio, which would be periodically monitored through credit monitoring.
17.3. & 17.4 Deleted
17.5. Frequency of review
17.5.1. The frequency of review by loan review cell would be 3 months for high-risk accounts and 6 months for average risk accounts and 1 year for low risk accounts. However at present the frequency of loan review is half yearly in case of accounts having limits of Rs.10 Crore & above and in case of high risk accounts. In the respect of other accounts the exercise will be carried out once in a year.
17.5.2. For the purpose of frequency of Credit Review, the classification of various Risk Grades will be as under:
17.5.3. Procedure to be followed in credit review: Credit review is to be conducted on site at the branch, which has appraised the advance and where the main operative credit limits are made available. Reports on conduct of accounts of allocated limits are to be called from corresponding branches.
17.5.4. Credit Review team members are not required to visit borrowers factory/office premises.
17.6. Management of problem accounts
17.6.1. Credit Risk Ratings would be used to flag potential problems in the individual loan accounts and early corrective action will be initiated based on the credit risk rating of a loan account. The borrowal accounts which have an overall credit risk rating of CBI-7 and/or securing individual rating of CBI-7 or below under any individual parameter viz, Financial, Business or Management should be subjected to stringent monitoring by initiating prompt corrective action.
17.6.2. Whenever the risk rating of a borrowal account slips below CBI-6 the following actions should be initiated at every level.
Central Bank of India ________________________________________________________________ Loan Policy 77 a) The branch and the controlling offices should begin stringent monitoring and the branches should submit the strategy proposed for improving the quality of the account so that the account will not slip to NPA. b) Sharing of the exposure with another bank under consortium may be proposed so that the credit risk will be diversified. c) Reduction of the existing limits may be proposed in order to minimize the probable loss by selling surplus assets. Possibility of exit option may also be explored. d) Additional collateral security may be insisted upon as a risk mitigation exercise.
17.6.3. Zonal Offices will submit quarterly statement on the above line to Credit Monitoring Department with action taken thereof. Credit Risk Management Department will place a consolidated report to Credit Policy Committee along with their comments.
17.6.4. Close Monitoring is required in respect of parameters with low score.
17.6.5. The credit risk policy may be referred to for further information.
<><><><> Central Bank of India ________________________________________________________________ Loan Policy 78 Annexure 1 (Deleted)
Annexure - 2
Guidelines for granting of Loans and Advances and Award of Contracts to Directors of our Bank and any other Bank and their Relatives
(I) In terms of Section 20 of the Banking Regulation Act, 1949, no Banking Company shall: a) Grant any loans or advances on security of its own shares, or b) Enter into any commitment for granting any loan or advances to or on behalf of i) Any of its Directors; ii) Any firm in which any of its Directors is interested as Partner, Manager, Employee or Guarantor; iii) Any company (not being a subsidiary of banking company or a company registered under Section 25 of Companies Act, 1956 (1 of 1956) or a government company, of which (or the subsidiary or holding company of which) any of the Directors of the Banking Company is a Director, Managing Agent, Manager, Employee or Guarantor or in which he holds substantial interest, or iv) Any individual in respect of whom any of its directors is a partner or guarantor.
If branches receive any request of such proposal, they should refer it to Central Office.
(II) Reserve Bank of India has given guidelines for loans and advances and award of contract to Directors of Banks and their relatives as under:
1. Unless sanctioned by the Board of Directors, banks should not grant loans and advances aggregating Rs.25 lakh and above to: a) Directors (including the Chairman / Managing Director) of other Banks. b) Any firm in which any of the directors of other banks is interested as a partner or Guarantor; and c) Any company in which any of the directors of other banks holds substantial interest or is interested as director or as a guarantor.
2. Unless sanctioned by the Board of Directors, banks should not also grant loans and advances aggregating Rs.25 lakh and above to:
a) Any relatives of the Chairman / Managing Director or other directors. b) Any relatives of the CMD or other Directors of other Banks c) Any firm in which any of the relative as mentioned in (a) and (b) above hold substantial interest or is interested as a Director or as a Guarantor.
3. Proposals for credit facilities of an amount less than Rs.25 lakh to these borrowers may be sanctioned by appropriate authority within the powers vested in each authority but should be reported to the Board. The Chairman / Managing Director or other Directors interested in the proposal shall not, however, take part in the relative proceedings. Central Bank of India ________________________________________________________________ Loan Policy 79 4. The above norms related to grant of loans and advances will also equally apply to awarding of contracts.
a) The term loans and advances will not include loans or advances against (i) Government Securities, (ii) Life Insurance Policies, (iii) Fixed or other deposits, (iv) Stocks and shares, (v) Temporary Overdrafts for small amount i.e. up to Rs.25000/- and (vi) Casual purchase of cheques up to Rs.5000/- at a time.
b) Loans and advances shall not include a credit limit granted under the credit card facility provided by the Bank to its directors to the extant the credit limit so granted as determined by the bank by applying the same criteria as applied by it in the normal conduct of the credit card business.
c) Loans and advances will not also include loans and advances such as housing loans, car advances etc. granted to an employee of the bank under any scheme applicable generally to employees.
d) The term substantial interest shall have the same meaning assigned to it in Section 5 (ne) of the Banking Regulation Act, 1949, i.e.
(i) In relation to a company means, the holding of beneficial interest by an individual or his spouse or minor child whether singly or taken together in the shares thereof, the amount paid up on which exceeds five lakh of rupees or ten percent of the paid up capital of the company, whichever is less; (ii) In relation to a firm means the beneficial interest held therein by an individual or his spouse or his minor child, whether singly or taken together, which represents more than ten percent of the total capital subscribed by all the partners of the firm.
(III) In this context, every borrower should furnish a declaration to the Bank that -
Where the borrower is an individual, that he / she is not a Director or specified near relation of Directors of Banking Company. Where the borrower is a Partnership firm, that none of the Partners is a Director or near specified relation of a Director of a Banking Company; Where the borrower is a joint stock company, that none of its Directors, is a Director or specified near relation of a Director of a Banking Company; In the light of the above, branches are advised to take a suitable declaration from the borrower / s. In case the borrower/s is / are related to the Directors then they should furnish full details of the relationship of the borrower/s with the Director.
Besides this, the borrower/s also should give an undertaking that, where it transpires that the borrower has given a false declaration the Bank shall forthwith recall the loan.
Central Bank of India ________________________________________________________________ Loan Policy 80
ANNEXURE - 3 Lending Powers Delegated by the Board to various Authorities ( Rs. In Lakhs) Sr.#. Nature of facility CACB CMD ED GM DGM AGM RM /CM SM Scale III BM Scale II BM Scal e I Total lending powers (Funded & Non-Funded) of which -
40000 1500 1000 500 100 20 5 Nil Nil Nil Ad hoc and discretionary limits
40000
6000 4500 375 180 90 45 10 5 1 Advance Against cheques in clearing
40000 1200 800 200 20 10 6 5 3 Nil 1
a) b)
c)
d)
e)
f)
Advance against DDs/ BCs in clearing or on collection.
40000 2200 1600 400 200 100 50 30 20 5 2 Advances against Book Debts. 40000 6000 4500 *1500 *720 *360 *180 *60 Nil Nil Advances against Shares: in De-mat form - to Individuals
20
20
20
20
20
10
10
5
2
Nil 3. - to Other Eligible Categories 40000 6000 4500 2500 40 20 20 15 5 Nil 4. Advance against NSC / KVP / LIP & Govt. Approved securities on which assignment in favour of Bank can be recorded in the instrument by the issuers.
40000 6000 4500 400 40 20 10 6 3 2 Advance against Relief Bonds: a) in the form of Promissory Notes
40000 6000 4500 400 40 20 10 2 1
Nil 5 b) in the form of Bond Ledger A/c.
40000 6000 4500 400 40 20 10 6 3
Nil
6 Aggregate limit inclusive of Negotiation of Bills against LC opened by First Class Bank. (only for borrowers with limits, both Inland / Export)
40000
10000
7500
5000
2400
1200
600
200
50
10
Note: Fig. in bold italics is newly modified. Clean Limit means: Any Loan or TOD not backed by any tangible / intangible security. It also includes TOD allowed in current accounts. *60% of the Fund Based Working Capital Limits can be sanctioned in the form of Book Debts with the maximum limit as indicated above.
CACB: CREDIT APPROVAL COMMITTEE OF THE BOARD CACB CAN EXERCISE MAXIMUM LENDING POWER OF Rs.400 Cr. (Any Single Credit Proposal not exceeding Rs.400 Cr. irrespective of any group exposure)
Central Bank of India ________________________________________________________________ Loan Policy 81 (ANNEXURE -3A in Loan Policy)
CREDIT APPROVAL COMMITTEE OF THE BOARD (CACB)
Name of the Credit Committee Credit Approval Committee of the Board (CACB) (CONSTITUTED AS PER NOTIFICATION DT.05.12.2011 UNDER NATIONALIZED BANKS (MANAGEMENT AND MISCELLANEOUS PROVISIONS) AMENDMENT SCHEME, 2011.)
TOTAL CREDIT (FB + NFB) SANCTION BY COMMITTEE Above Rs.60 Cr. Up to Rs.400 Cr. Caps for Categorization of Borrowers
Corporate > Rs.60Cr. & = Rs.400 Cr. Non Corporate > Rs.50 Cr. & = Rs.400 Cr. Individual Borrowers > Rs.25 Cr. & = Rs.400`Cr. Group Exposure As above Exercise of Sanction w.r.t. Risk Rating of the A/c.
CBI 1 to CBI 6 (Both Fin. & Overall) and (Min.CBI-5 in respect of Take Over)
100% as above
Fin. CBI-6 & Overall CBI-7
Renewal with enhancements CBI 7 & above Only Renewal Composition of the Credit Committee. The Committee shall consists of 7 Executives as under: Chairman: CMD Members: i. All EDs. ii. CGM (Cr.) iii. GM (Cr.) iv. GM(RMD) v. GM (Accounts/ In-charge, Finance)
Quorum Committee Meeting Minimum 3 (inclusive of Chairman, atleast 1ED ) Outside the purview of the Credit Committee 1. Credit facilities against Banks own TDR. 2. Any other credit facilities as may be decided by the Board from time to time.
Governing Rules of the Committee 1. No Veto Power shall be exercisable. 2. Any dissent from any of the member should be deliberated and addressed to arrive at consensus. Central Bank of India ________________________________________________________________ Loan Policy 82 3. Sanction should be unanimous. 4. In case of decline of any proposal, the reasons for such rejections should be recorded in variably. 5. A proposal rejected by the Committee may be re-admitted by the Chairman for review of decision by the Committee once reasons for rejections have been addressed within a period of 3 months.
Convener of the committee Secretary to the Board shall be Convener of this committee and he shall place the minutes before the Board soon as may be after the end of the meeting.
NOTE under CACB:
i. Credit Approval Committee of the Board - CACB is CONSTITUTED AS PER NOTIFICATION DT.05.12.2011 UNDER NATIONALIZED BANKS (MANAGEMENT AND MISCELLANEOUS PROVISIONS) AMENDMENT SCHEME, 2011.
ii. Credit Proposals beyond Rs.400 Cr., shall go to the Management Committee.
iii. THE MAXIMUM LENDING POWER IS Rs.400 Cr. (Any Single Credit Proposal not exceeding Rs.400 Cr. irrespective of any group exposure). Even though the Committee has to dispose credits exceeding Rs.60 Cr. and upto Rs.400 Cr., in respect of Non Corporate & Individual Borrowers, the minimum limits are respectively exceeding Rs.50 Cr. & Rs.25 Cr. However the maximum limit is continued to be Rs.400 Cr. in respect of all the 3 types of classification of Borrowers.
iv. Definitions: Corporate = Pvt. Ltd & Ltd. Companies, Non-Corporate = Partnership & LLC and Registered Trusts, viz. Educational/ Medical/Other Institutions & Individual = Individual Borrower/ Proprietorship/ HUF/Trusts etc.
Central Bank of India ________________________________________________________________ Loan Policy 83 ( ANNEXURE- 3B in Loan Policy) REGIONAL CREDIT APPROVAL COMMITTEE (RCAC)/ ZONAL CREDIT APPROVAL COMMITTEE (ZCAC) Name of the Credit Committee Regional Credit Approval Committee (RCAC)
(TO BE CONSTITUTED AS PER DIRECTIVES OF DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, GOI, VIDE F.NO.13/1/2006- BO.1 DT.17.02.2012) Zonal Credit Approval Committee (ZCAC) (TO BE CONSTITUTED AS PER DIRECTIVES OF DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, GOI, VIDE F.NO.13/1/2006- BO.1 DT.17.02.2012)
RM (AGM) RM (DGM) ZM(DGM) ZM (GM) TOTAL CREDIT (FB + NFB) SANCTION BY COMMITTEE Above Rs.5 Cr. & Up to Rs.12 Cr. Above Rs.5 Cr. & Up to Rs. 24 Cr. Above Rs.12 Cr. & Up to Rs.24 Cr. Above Rs.12 Cr. & Up to Rs. 30 Cr. Caps for Categorization of Borrowers
CBI 1 to CBI 6 (Both Fin. & Overall) (In respect of Take Over, Min.CBI-5)
100% as above
100% as above
100% as above
100% as above Fin. CBI-6 & Overall CBI-7 Renewal with enhancements Renewal with enhancements Renewal with enhancements Renewal with enhancements CBI 7 & Above Only Renewal Only Renewal Only Renewal Only Renewal Composition of the Credit Committee. The Committee shall consist of 5 delegatees as under: Chairman: Regional Manager Members: i. Asst. Regional Manager ii. CM/ SM (Other than Credit Dept. in The Committee shall consist of 5 delegatees as under: Chairman: Zonal Manager Members: i. AGM/ DGM, Zonal Office. ii. CM/ AGM (Risk Management), ZO Central Bank of India ________________________________________________________________ Loan Policy 84 Regional Office) iii. Two Branch Incumbent in the Scale of V/IV/III of local Branches.
iii. RM of local Regional Office. iv. Local Branch Manager in the scale of IV and above. Quorum Committee Meeting Minimum 3 (inclusive of Chairman with at least one member from Branch) Minimum 3 (inclusive of Chairman with at least one member, out side of Zonal Office.) Outside the purview of the Credit Committee 1. Credit facilities against Banks own TDR. 2. Any other credit facilities as may be decided by the Board from time to time. Note: Other than above exemptions, any credit sanctions at Regional/ Zonal Levels, including Retail Lending, beyond Rs. 5Cr. shall be thro Credit Committee only. Governing Rules of the Committee 1. No Veto Power shall be exercisable. 2. Any dissent from any of the members should be deliberated and addressed to arrive at consensus. 3. Sanction should be unanimous. 4. In case of decline of any proposal, the reasons for such rejections should be recorded in variably. 5. A proposal rejected by the Committee may be re-admitted by the Chairman for review of decision by the Committee once reasons for rejection have been addressed within a period of 3 months. 6. The decision of the Committee shall be reported by the Credit Department concerned, to the next higher committee/authority for review by way of control return on specified format within 10 days from the date of the meeting. Convener of the committee CM/ SM (Credit) of Regional Office shall be the Convener. AGM/ CM (Credit) of Zonal Office shall be the Convener. Note: i. RCAC & ZCAC are to be CONSTITUTED AS PER DIRECTIVES OF DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, GOI, VIDE F.NO.13/1/2006-BO.1 DT.17.02.2012. The Committees shall be made operational w.e.f. 01.04.2012. ii. Regional Managers and Zonal Managers are presently having various/ different powers with reference to taking decision of lending, which can now be utilized thro Committee in respect of advances exceeding Rs.5.00 Cr. subject to max. cap of lending allowed to the committees.
iii. Credit Proposals beyond Rs.24 Cr./Rs.30 Cr., shall go to concerned sanctioning authority at Central Office.
iv. Regarding Non Corporate & Individual Borrowers also, the proposal shall move to the concerned sanctioning authority at Central Office.
v. Definitions: Corporate = Pvt. Ltd & Ltd. Companies, Non-Corporate = Partnership & LLC and Registered Trusts, viz. Educational/ Medical/ Other Institutions & Individual = Individual Borrower/ Proprietorship/ HUF/Trusts etc.
Central Bank of India ________________________________________________________________ Loan Policy 85 NOTE: 1. Maximum lending power inclusive of bills negotiated under LC will not exceed Rs.400 Cr., R.100 Cr. and Rs.75 Cr. in case of CACB /CMD & ED respectively and for other delegatees as mentioned in 6 above.
2. In case of borrowings of PSU (Class I) additional lending powers are provided for CACB, CMD, EDs. & GMs. Regarding other delegatees, such lending will fall under overall total lending powers.
3. Chairman & Managing Director is authorized to enhance, abridge, amend or suspend the delegated power or any part thereof of any delegatee except CACB, whenever need arises and on such occasions the same may be informed to Board / M.C of Board.
4. Exercise of discretionary powers/ adhoc sanctions on emergent basis may be exercised as indicated in Annexure 24.
5. The delegated powers shall be exercised in accordance with the Banks lending policy and instructions on the subject.
6. In case of Group accounts, delegatees in the rank of CM/RM and above can consider proposals up to 200% of their normal lending powers, but the delegatee shall not exceed his delegated lending powers in respect of single borrowal account within the group. In case the limit sought by individual borrower, within the group, exceeds the power delegated to the authority, all the accounts in the group shall be referred to next higher authority in whose power the proposal falls. The enhancement of lending powers up to 200% of normal powers shall also be applicable in respect of Retail Loans wherever applicable. In respect of CACB, the maximum lending power shall not exceed Rs.400 Cr. (Any Single Credit Proposal not exceeding Rs.400 Cr. irrespective of any group exposure)
7. In case CMD / ED exercises powers in excess of his delegated authority, then such cases should be put up to the Board / Management Committee for ratification / information mentioning the reasons for the urgency for the sanction. In group cases, the delegatee will exercise only the authority vested as per the Lending Powers at above i.e., after taking the total limits of all group accounts put together. However, CACB shall not exercise powers in excess of its delegated authority.
8. Life Insurance policy includes Life Insurance Policy issued by the Life Insurance Corporation of India and also LIP issued by other insurance Companies recognized/Regulated by Insurance Regulatory and Development Authority (IRDA) and which can be assigned in favour of the bank.
9. In order to enable the field functionaries for taking expeditious decisions and also to attract quality accounts, higher lending powers have been vested with the sanctioning officials in the rank of AGMs/ DGMs /GMs incase of borrowers with credit risk rating A & above. In case of AAA & AA rated borrowers, 125% and incase of A rated borrowers, 110% of their normal lending powers shall be exercised.
Central Bank of India ________________________________________________________________ Loan Policy 86 10. CACB/CMD is authorized to extend the Terminal Date of Disbursement in case of Term Loans.
11. CMD and in absence of CMD, ED, will be authorized to consider full two way interchangeability between Fund Based and Non Fund Based limits and also within Fund Based and Non Fund Based limits for accounts falling within the power of Central Office/CACB/ MCB. However, the above will be subject to availability of Security/Collateral/ Drawing Power.
Powers to approve extension of PC All Zonal Managers/Regional Managers (in the rank of DGM) and DGM, CFBs shall have the powers to allow extension of PC up to 360 days in case of working capital subject to compliance with the RBI guidelines issued from time to time. Such extensions shall be allowed keeping in view the genuineness of the request and subject to reporting to next higher authority. Request for extension beyond above mentioned period shall be referred to Central Office and at Central Office ED and above, shall have powers to take a decision subject to obtaining permission from RBI wherever required.
Powers to approve issuance of Letters of Comfort for availing Buyers Credit Any request for issuance of Comfort Letters to enable the borrowers to avail Buyers Credit shall be considered by the delegatees not below the rank of Dy. General Manager within their respective delegated lending powers. Any request falling beyond the delegated powers of DGM/GM (ZM) shall be referred to Central Office. CACB/MCB shall have the powers to sanction at CO. Further issuance of Letters of Comfort shall be subject to compliance of guidelines on issuance of letter of credit - (refer 14.3.8 & 14.3.9).
BM-Scale: II In case of Branch Manager-Scale II, if the loan is sanctioned with Guarantee cover of CGTMSE, then the lending power can be exercised to the extent of 200% of Normal Lending i.e. Rs.100 Lakhs.
PSU (Class I): Should have minimum rating of A+ (CBI-2, Very High Safety) and earned consistent profits during the past 3 years & satisfactory market reputation.
Central Bank of India ________________________________________________________________ Loan Policy 87 Annexure- 4 Indicative Exposure Limits Industry / Activity-Wise Exposure limits Industry-wise. Industry Max. Cap as % to total Adv. Coal 0.20 Mining 0.10 Iron & Steel 4.00 Other Metal & Metal products 1.00 All Engineering 2.00 Electricity (other than Infrastructure) 1.00 Cotton Textiles 1.50 Jute Textiles 0.10 Other Textiles 2.00 Sugar 1.50 Tea 0.10 Food Processing 1.00 Vegetable Oil & Vanaspati 1.00 Tobacco & Tobacco Products 0.10 Paper & Paper Products 0.50 Rubber & Rubber Products 0.50 Chemical, Dyes, Paints etc. 2.00 Cement 1.00 Leather & Leather Products 0.50 Gems, Jewellery 1.00 Construction 1.50 Petroleum 2.50 Automobiles including trucks. 1.00 Computer Software 0.50 Infrastructure Power Solar Power 21.00% 1.00% Telecom 4.00% Road/Port/Air Port 6.50% Others 2.50% 35.00 Other Industries: 11.50 Residual Advance Housing Loan Direct 8.00 Housing Loan Indirect 7.00 Commercial Real Estate** 10% Others $ Capital market (*) NBFC (#)
**Sub Limits for major sectors within Comm. Real Estate will be as under: Multi Tenanted Residential Complex: 5.5% Mall 2.5% and Others 2%. $ Balancing figure (*) Regulatory Cap fixed by RBI at 40% of Net worth of Bank including Investment in Shares, Debentures and Bonds. (#) Regulatory Cap fixed by RBI.
Central Bank of India ________________________________________________________________ Loan Policy 88 1. The exposure (both lending and investment, including off-balance sheet exposure) of a bank to a single NBFC / NBFC-AFC should not exceed 10% / 15% respectively, of banks Capital Fund as per its last audited Balance Sheet.
2. Bank may, however, assume exposure on a single NBFC / NBFC-AFC up to 15% / 20% respectively of its Capital Fund, provided the exposure in excess of 10% or 15% respectively is on account of funds on-lent to infrastructure sector.
3. Overall exposure to all NBFCs put together - 200% of Banks Capital Fund.
4. Deleted (Included in the table above)
Note: 1. In respect of Agriculture and other Priority Sector, no maximum cap is fixed.
2. In respect of food credit, allocation is made by RBI based on the business of each bank and as such, no maximum cap is fixed. Industries (including Commercial Real Estate) which are not specifically included in the format will be reported under Residual Advances.
3. ED / CMD / CACB/ MCB shall have discretion to exceed the activity-wise cap stated above, in emergent cases, subject to reporting to Board and till the time the cap is revised.
4. Exposure caps specified above shall be worked out as a percentage of gross credit outstanding as at the end of Previous Quarter ending March, June, September and December.
5. Exposure to any industry other than listed above should be shown under Other Industries.
6. Exposure to any activity not falling under industry should be shown under Residual Advances.
______________
Central Bank of India ________________________________________________________________ Loan Policy 89 Annexure - 5 Guidelines for Financing Computer Software industry
1. Brief Background
1.1. The software industry in the country is showing an exponential growth. Further the potential for these activities has been increasing, both within the country and abroad, in tandem with the continuous growth in the I.T. Industry world-wide.
1.2. Software Development business has its peculiar characteristics like critical dependence on manpower skills, rapid technological obsolescence, high manpower turnover, vast potential for introducing new products, intense competition within the industry etc. The sector also offers enormous scope for expansion and development. Software Development is one industry in which our country is regarded as having potential to become global leader.
2. Banks Policy
2.1. Recognising the potential for this industry, Reserve Bank of India and Indian Banks Association have come out with the guidelines for financing this industry. Based on these guidelines our Bank has formulated the policy for lending to computer software industry. The salient features are as under:-
2.2. Terminology
2.2.1. I.T. Software means any representation of instructions, data, sound or image, including Source Code and Object Code, recorded in a machine readable form, and capable of being made use of by the client as per choice or providing interactivity to a user, by means of an automatic data processing machine falling under the heading I.T.Products but does not include Non - I.T. Products 2.2.2. I.T. Service is any service which results from the use of any I.T. Software over a system of I.T. Products for realizing value addition. 2.2.3. I.T Industry shall cover any development, production and services related to I.T. Products. 2.2.4. I.T. Product: would connote computer, digital / data communication and digital / data broad casting products.
2.3. Segments of Software Industry and Their Requirements:
2.3.1. Software Services
2.3.1. (A) Staffing Services and Programming Services: These services, which are also known as Manpower Exports, involve deputation of professionals for delivering programming services at customers locations within the country, as well as abroad, under different contracts.
(B) The Working Capital requirements for these types of services would be in the form of initial Travel Costs for order canvassing and mobilization expenses, as also travel cost and living expenses of the personnel deputed for executing orders. The borrower may, in few cases, receive some amount by way of advance payment from Central Bank of India ________________________________________________________________ Loan Policy 90 their clients which would be mentioned in the contract. The contract would also indicate the mode of payment i.e. whether by way of monthly / periodical payments or payment in lump sum after execution of the contract. Thus, the working capital requirements of the borrower would, inter alia, depend upon the gap in cash flows.
2.3.2. Project Services
2.3.2. (A) Customised Software Development: These services comprise providing solutions to specific problems of the customer which would be utilized by corporate mainframe and mini computer users. These services could be rendered either at customers location or delivered on physical magnetic media like floppies or through satellite communication networks. This service is normally offered under special contracts which provide for milestone payments. In these cases also, working capital requirements would be for meeting the gaps as disclosed by the cash flow statements.
2.3.2 (B) Systems Solution and Integration: This involves providing a complete business solution using information Technology. In this, integrator addresses a business problem of the client and offers an I.T. based business solution. The work involves Feasibility Study, System analysis, System Design, Programming, Testing, Documenting customized software solution for clients and integration of the programme with the clients existing I.T. system as well as with the systems of the clients parties / associates. The working capital requirement would arise normally on account of expenditure on professionals, purchase of software packages / tools.
2.3.2 (C) Maintenance of Software: A complete responsibility for maintenance of the clients software is undertaken which includes trouble shooting operations as well as updation of the software. Working capital for this activity would be needed mainly for meeting expenditure on professionals.
2.3.3. Software Products and Packages: 2.3.3 (A) These services comprise of - (i) Systems software i.e. Operating system Software, conversion of programmes and utilities which enhance the computers capabilities; and (ii) Application Software which lets the computer perform specific functions, packages like word processing, graphic design, financial analysis etc.
2.3.3. (B) These products are prepared to meet standard requirements of the end users and are sold as packaged units comprising Software Manual and other user aids (tutorials).
2.3.3. (C) The development of these products involve fairly large scale investments, the return on which can be realized only after the product is fully developed and sufficient demand is generated therefore. By and large, no payment by the buyers would be involved at any stage of the development and payments would be received by the developer only on completion and purchase of the product by interested buyers. In such cases, working capital requirements would be Central Bank of India ________________________________________________________________ Loan Policy 91 mainly towards salaries and expenses of the professionals associated with the development of the product. The requirement for development would vary and in some cases, may extend up to 24 months. As regards the financing of this category, it would have to be funded as a Venture at considerable risk.
2.3.4. Information Technology related Services (I.T. Services) 2.3.4. (A) I.T. Services such as Call Centers, Mentoring, Teleconferencing, Tele Medicine etc. result from the use of any I.T. Software over a system of I.T. Products for realising value additions.
2.3.4. (B) Working capital requirements may also arise for meeting the expenditure incurred in providing these services. However, these may not be of a significant scale.
3. Operational Guidelines for extending Working Capital Finance 3.1. Eligibility 3.1.1. The units requiring assistance from the bank should have completed a minimum successful running of one year.
3.1.2. However, in order to ensure that start up units is not denied financial assistance, the credit requirement of these units may be considered on the following parameters:
a. Track record of promoters b. Their group affiliation c. Management team d. Academic/professional qualifications e. Work experience in software development, implementation, marketing etc. f. In such cases, the constitution of the Venture should be as far as possible a limited company. 3.2. Methodology for Assessment of Working Capital Requirements 3.2.1 Borrowers with credit limits up to Rs.2 crores may be assessed under Turnover Method. Assessment of Permissible Bank Finance (PBF) on Cash Budget basis may be confined to borrowers having working capital limits of over Rs.2.00 crore.
The following documents from the borrowers are to be obtained: i) Operating Statement - Form A ii) Balance Sheet - Form B iii) Cash Budget - Form C (Only in those cases where the working capital gaps are to be financed on the basis of Cash Budget) iv) Statement of Economics - Form D v) Note on assumptions underlying the operating statement.
3.2.2. In addition to the above, every proposal for financial assistance must be accompanied by Project Report and a Business Plan. The documents must clearly describe the short-term and long-term goals of the unit / project, the strategies proposed to develop, implement and market software, the stage-wise financial outlay and revenue / cost projections. In case of Projects which are normally offered under special contracts which provide for mile stone payments, the details Central Bank of India ________________________________________________________________ Loan Policy 92 of the same should also be mentioned in the Project Report. The basis for seeking the proposed limits from the bank also needs to be clearly spelt out.
3.3. Nature of Credit Facilities 3.3.1. The credit facilities such as Cash Credit, Packing Credit, Overdraft, Bills Finance or Term Loans as per the assessment and requirements of the borrower. 3.3.2. In case of limits over Rs.10.00 crore from the Banking System, the existing guidelines of Loan System for Delivery of Bank Credit shall have to be complied with i.e. Cash Credit Component shall be restricted to 20% of the aggregate credit limits sanctioned, after excluding Export Credit Limits.
3.4. Margin 3.4.1. (A) Under Turnover Method: 5% of the Projected Turnover. 3.4.1. (B) Under Cash Budget Method: 25% of Current Assets.
3.5. Security 3.5.1. The process of development of Software does not generate tangible assets as in the case of other manufacturing activities and the value of the end product depends upon its acceptability to the user client. Further, the success of the activity depends upon the skills of the Professionals / Promoters. As the working capital finance provided to this industry is clean in nature for all practical purposes, it is proposed as under:
- 50% of the limits (FB & NFB) should be covered by collateral securities. - We shall also explore the possibilities for assignment of Source Codes of the Software Projects by the borrowers in favour of the Bank.
3.5.2. Relaxation in collateral securities may be allowed by sanctioning authorities at the level of General Manager and above, on case to case basis, depending upon the merits. 3.6. Rate of Interest 3.6.1. In case of Export Finance i.e. Pre-shipment and Post-shipment finance, as per the guidelines of RBI. 3.6.2. In case of other types of advances, the rates should be in line with the general category borrowers.
3.7 Disbursement 3.7.1. The limits sanctioned either under Turnover Method or Cash Budget method depending upon the requirements of the borrower, should be released in stages, taking into account the monthly / quarterly cash gaps based on the Cash Flow Statements submitted by the borrowers and after completion of post-sanction inspection of the units. 3.7.2. In case of units falling under Loan System for Delivery of Bank Credit, the guidelines issued on the subject from time to time should be adhered to.
3.8. Sanction of Term Loans 3.8.1. The units sometimes may require Term Loans for acquisition of Fixed Assets, Computer Systems etc. These units normally start up on small scale basis. Hence, the requirements of Term Loans may be considered by the bank up to a maximum Central Bank of India ________________________________________________________________ Loan Policy 93 limit of Rs.3.00 crores to a single borrower. However, sanctioning authorities at the level of General Manager and above may consider higher need based limits within the powers delegated to such authorities. 3.8.2. The appraisal of term loans shall be as per the procedure adopted for processing term loan applications. However, each proposal should be given In-Principle Clearance by the Screening Committee. 3.8.3. The security for the Term Loan will be first charge on the assets that are purchased / created out of bank finance. 3.8.4. Disbursement of the loan will be in accordance with the requirements of the project as stated in the Project Report and in stages.
3.9. Sanctioning Authority 3.9.1. The delegated powers to consider the software proposals are vested with the authorities not below the rank of Regional Managers (in Scale VI)/ Zonal Managers. 3.9.2. The sanctioning authorities should take in to account market report of the software company and should consider the proposals on merits. 3.9.3. Regional Manager (in Scale VI)/Zonal Manager should ensure that the advance is adequately secured by collateral security and the overall credit risk rating is CBI-4 and above. 3.9.4. In case of proposals with credit risk rating below CBI-4, the same should be referred to Central Office for clearance by a screening committee consisting of GM (Credit) as Chairman and DGM (Credit) and AGM (IT Dept) as other members. Looking to the potentials available at various centers for this type of business it has been decided to initially permit only the following branches to handle such type of new advances. (fresh advances)
Name of the Centers Branch. 1. Mumbai Nariman Point. 2. Delhi Parliament Street. 3. Hyderabad Hyderabad Main Office 4. Chennai Chennai Main Office 5. Bangalore K.G.Road 6. Ahmedabad Lal Darwaja, Ahmedabad 7. Pune Pune Camp Branch. (Zonal Offices may identify additional branches either in these centers or at other centers depending up on the business potential and obtain approval of Central Office).
3.10 Periodical Reporting System 3.10.1. In case of assessment made under Cash Budget Method, Cash Flow Statements are to be obtained from the borrowers once in a quarter so that mid-course corrections can be made in respect of further Cash Budget. 3.10.2. In our Bank, Q.I.S. system is in vogue. The borrowers under this category also shall submit the same whether they are assessed under Turnover method or by Cash Budget Method. Central Bank of India ________________________________________________________________ Loan Policy 94
3.11. Follow- Up 3.11.1. Considering the fact that financing Computer Software industry is a new area for banks, it has been decided that we should adopt the existing system of follow up for advances of Rs.3 crore and above. A copy of the format is enclosed herewith as Annexure and the branches should submit the same i.e. Part A on monthly basis and Part B on half yearly basis, in case of all the borrowal accounts irrespective of the limits sanctioned to them
4. General 4.1. Branches /Regional Offices/ Zonal Offices should not give appraisal note to any of the outside agencies / borrowers. The request for appraisal note, if received from borrower / outside agencies, should be forwarded to the concerned CMD sections at Central Office for their approval. The approval for such request may be considered by CGM/G.M (Credit).
4.2. No Company will be authorized to use our Banks name as financing / appraising bank in any of their documents for raising money from public / other institutions without the consent of authorities at Central Office not below the rank of GM. Such authorizations may be granted only at Central Office by CGM/G.M (Credit).
4.3. Any proposal for acting as Merchant Bankers to issues of Software companies for raising funds from outside sources shall be cleared by GM (Treasury), provided the project is appraised and financed by our bank.
Zonal Offices are advised to ensure that proper care and precautions are taken while assessing the credit needs of the borrowers and also ensure that the need based credit support is extended to this sector by our Bank. ______________
Central Bank of India ________________________________________________________________ Loan Policy 95 Annexure-6 1. Discounting / Rediscounting of Bills.
Reserve Bank of India vide their circular DBOD.Dir.BC.62/13.07.09/2002-03 dated January 24, 2003 advised that the banks should clearly lay down a bills discounting policy approved by the Board which should include banks core operating process from the time the bills are tendered till these are realized. Accordingly, our Board at the meeting held on 02.05.2003 approved the following Policy in respect of Bills Purchased / Discounted by the Bank.
2. Purchasing / Discounting / Re-discounting of Bills
2.1. Bills purchased and bills discounted facilities are to be allowed to the customers as a part of their working capital requirements after proper appraisal of the working capital needs based on the well established credit norms and the same are of self-liquidating nature.
2.2. The bills Purchased facility / bills discounting facility should be granted based on the assessment of working capital facilities and the usance period should be decided on the basis of the holding of receivables projected by the customer. Normally, the usance period should not exceed 90 days in the case of domestic sales.
2.3. Only bills covering purchase of raw material / inventory for production purpose and sale of goods should be discounted by the branches. Bills covering payments of electricity charges, customs duty, hire purchase / lease rental instalments, sale of securities and other types of financial accommodation should not be discounted by the branches.
2.4. Accommodation Bills should not be discounted by the Branches. The underlying trade transactions should be clearly identified and a proper record thereof should be maintained at the branches discounting bills.
2.5. Branches should be circumspect while discounting bills drawn by front finance companies set up by large industrial groups on other group companies.
2.6. Opening of Letters of Credit (LCs) and purchase / discount / negotiation of bills under LCs would be done only in respect of genuine commercial and trade transactions of the borrower constituents who have been sanctioned regular credit facilities by the bank, except in case of negotiation of bills under LC restricted to our bank branches. Branches should not, therefore, extend fund based (including bills financing ) or non- fund based facilities like opening of LCs, providing guarantees and acceptances to non-constituent borrower or/and non-constituent member of a consortium / multiple banking arrangement, except that in cases where negotiation of bills drawn under LC is restricted to a particular bank and the beneficiary of the LC is not a constituent of our bank, our branches may negotiate such an LC, subject to the condition that the proceeds will be remitted to the regular banker of the beneficiary. However, the prohibition regarding negotiation of unrestricted LCs of non-constituents will continue to be in force. Central Bank of India ________________________________________________________________ Loan Policy 96 2.7 While purchasing / discounting / negotiating bills under LCs or otherwise, branches should satisfy about the genuineness of underlying transactions / documents.
2.7.1 Advance against demand documentary bills for collection: Bank may consider allowing advance against export bills sent on collection basis where the export documents are sent by the Bank directly to overseas buyer (as against the normal practice of sending the documents to our correspondent bank or agent bank abroad) in exporters account after taking into consideration the following factors :- Exporters satisfactory track record in timely realization of export proceeds. Exporter should be enjoying Credit Rating not below B+ and account must be Standard Asset. Overdue Export bills should not be more than 5% of the export realizations of previous financial year. Credit Report from Rating Agency such as M/s ECGC, M/s Dun & Bradstreet, M/s Mira Inform Pvt. Ltd., our correspondent bank on the overseas buyer and past performance in dealings with such an overseas buyer. Availability of adequate collateral security. Close monitoring of such export bills with regard to timely repayment, action taken by exporter in case of bill not getting realized on time. Advance allowed against export bills sent on collection should be subjected to crystallization within 30 days from the date overdue. Obtaining ECGCs Buyerwise Shipments Comprehensive Risk Policy by exporter. Complying with ECGC and RBI guidelines as stipulated from time to time. Notifying the limit to ECGC in terms of laid down guidelines. Bank to reserve right to cancel facility forthwith in case of any adverse experience in realization of such export bills. Such advance against export bills sent for collection should not exceed 50% of the post shipment finance limit.
2.8 Branches may negotiate bills drawn under LCs, on with recourse or without recourse basis, as per their discretion and based on their perception about the credit worthiness of the LC issuing bank. The existing restriction on purchase/discount of other bills (the bills drawn otherwise than under LC) on without recourse basis will continue to be in force. However, in the case of Vendor Financing Schemes the invoice drawn by Vendors on the Company and duly accepted by them will be discounted without recourse to the Vendors but with recourse to the company only, provided the finance is extended to: (a) Reputed Companies having B+ and above rating & (b) Such companies provide to the Bank, the list of their vendors whose Invoices will be discounted.
2.9 Bills rediscounting would be restricted to usance bills held by other banks. Bills earlier discounted by NBFCs except in respect of bills arising from sale of light commercial vehicles and two / three wheelers are not to be re-discounted.
2.10 In order to promote payment discipline which would to a certain extent encourage acceptance of bills, all corporates and other constituent borrowers having turnover Central Bank of India ________________________________________________________________ Loan Policy 97 above Rs.10 crores should disclose aging schedule of their overdue payables in their monthly statement of book-debts submitted by them.
2.11 No Repo transactions using bills discounted / re-discounted as collateral would be entered into by the bank.
2.12. Advance against supply bills will be allowed only in respect of genuine transactions with the government departments and that too in cases where proper irrevocable power of attorney is registered in favour of the bank. The Supply Bills will invariably accompanied by Inspection Note / Delivery Note or Receipted Challan which should be not older than two weeks and the same must show unqualified acceptance of goods by the drawee concerned.
2.13. Branches should exercise their commercial judgment in discounting of bills of services sector. However, while discounting such bills, it should be ensured that actual services are rendered and accommodation bills are not discounted.
2.14. While arriving at MPBF, current assets in the form of stock of Raw material, Finished goods, Receivables etc. are taken into consideration. Holding period of different types of current assets are fixed based on past trend, industry level comparison and also other specific condition pertaining to borrowing units.
For arriving at Receivables level, total expected sales are bifurcated into cash sales and credit sales. The assumption made for such bifurcations, in reality, varies from the actuals due to changes in market conditions, competition, bunching of orders etc.
Further, average period of Receivables also varies from what has been assumed at the time of arriving at MPBF. As a result, borrowers face liquidity crisis due to blockage of funds in Receivables.
In such a situation where actual Receivables level exceeds the accepted level for assessment of MPBF, financing of Bills backed by LC may be permitted outside MPBF after recording proper justification for the same.
In case of Consortium accounts, such decision preferably should be taken in Consortium to avoid multiple finance. In case of multiple bank finance (not under Consortium), it is to be ensured that any facility against bills discounted by us has not been extended by other banks.
Such excess limit should be restricted to 10% of Working Capital Limit. However, borrowers should declare that they will disclose the information of bills discounted with the Bank including the bills covered under the LC in their financial statements.
3. Delegation of Powers
3.1. The delegatees would purchase / discount bills of the customers who are having regular working capital limits. In other words no bill could be purchased / discounted or Negotiated under L.C. for customers who are not enjoying regular working capital limits and having only current account. Central Bank of India ________________________________________________________________ Loan Policy 98
3.2. The delegatees would purchase / discount bills of the customers within their delegated powers as laid down in the Loan Policy. 3.3. No delegatee below the rank of General Manager shall exercise his lending powers for purchasing / discounting of bills drawn on the associate / sister concern of the borrower and that too on being satisfied that there is an underlying genuine trade transaction. However, discretionary powers / ad-hoc powers for purchasing / discounting of bills drawn on sister / associate concerns can be exercised only by Executive Director / Managing Director / CACB/Management Committee of the Board.
3.4. No authority could purchase / discount Accommodation Bills.
4. Core Operating Procedure
4.1. The bills for purchasing or discounting should be received by a responsible member of staff in the credit department who should satisfy himself about all details and particulars.
4.2. The Branch should ensure that the terms and conditions of sanction with regard to purchase / discount of bills are strictly complied with.
4.3. The bill should be properly entered in the B.P. Register cum Forwarding Schedule with full particulars especially as regards documents attached thereto and instructions given by the party. Clear Instructions should be given in the forwarding schedules regarding the handing over of documents (whether against payment or acceptance), the period up to which the same can be detained, the commission / interest etc. to be collected and action to be taken in case of non-payment such as noting and protesting etc. Further, all instructions of the drawer such as collection of C Form, overdue interest etc. should be clearly and explicitly given in the forwarding schedules.
4.4. The bills should be dispatched on the same day or at least on the second day of purchase / discount by the forwarding branch. The Officer-in-Charge of Credit Department / Accountant of the Branch should ensure that this aspect is complied with.
4.5. The collecting branch should detain the bill only for the period mentioned and thereafter it should be returned forthwith to the forwarding branch after complying with the instructions. The dishonour / non-payment of the bills should be communicated on the same day. The payment when received should be remitted to the forwarding branch on the day of receipt of the payment subject to the clearing rules. In the collecting Branch the Officer-in-Charge of the Bills Department / Accountant should ensure that the above is complied with.
4.6. The Bills should be forwarded only by registered post or by authorized courier and the forwarding branch should obtain the acknowledgement for the same from the collecting branch. The payments received should be remitted by TTs if the amount is more than rupees one lakh and in other cases by manifolds which should be Central Bank of India ________________________________________________________________ Loan Policy 99 dispatched by Registered Post or through authorized courier on the date of the manifold. 4.7. In case the bills are accompanied by Railway Receipts, the following conditions should be complied with: a) The Railway Receipt is issued by the station from where the bill originates; b) The Railway Receipt or such similar document of title is made out in the name of Bank only; c) The Railway Receipt is clear, i.e., free from any prejudicial remarks thereon; d) The Railway Receipt contains a clean description of the goods consigned; e) The Railway Receipt does not bear the rubber stamp of any other Bank; f) If the goods are not consigned at Railway Risk, the same should be adequately insured. Even when the goods are consigned at Railways Risk it is advisable to insist for insurance as the ceiling limits for compensation stipulated by the Railway Authority is meager. g) Proper Freight is pre-paid.
4.8. In the case of bills accompanied by Motor Transport Receipts, similar care as mentioned in 4.7. above should be exercised. In addition, it should be ensured that the Motor Transport Company is in the approved list and the Lorry Receipt is issued in the Special Form prescribed under the IBA Scheme with the name of the Bank as Consignee.
4.9. Usance bills are adequately stamped as per Indian Stamp Act.
4.10. Bills with round amounts should be handled with due care after making proper enquiries.
4.11. Wherever Margins are stipulated it should be ensured that the stipulated margin is maintained.
4.12. Branches should balance the Bills Purchased / Discounted including the Margin maintained party wise / bills wise (Register and Ledger) every month.
4.13. The above are only indicative list of steps taken in the purchase or discounting of Bills. All other Instructions given in the Manual of Instructions and Circulars issued from time to time should be scrupulously followed.
4.14. In order to address the oft-cited problem of delay in realization of bills, branches may take advantage of improved computer / communication net work like Structured Financial Messaging System (SFMS) and adopt the system of Value Dating of their Clients accounts.
4.15 Providing finance against discounting of services sector bills is to be treated as unsecured advances.
4.16. Diary for due dates should be maintained for proper follow up.
4.17. Over due bills should be marked and proper follow up of the same should be made. Fate Cards should be sent every week till the realization.
Central Bank of India ________________________________________________________________ Loan Policy 100 4.18. Bills returned unpaid should be properly entered in a register. The documents should be returned only after collecting the bill amount along with overdue interest from the party. The bill amount along with the interest should not be debited to partys cash credit account in the absence of limit and drawing power as by doing that we would be losing our rights under bills.
4.19. In case of returned bills, wherever necessary it should be got noted and protested.
4.20. The position of overdue bills and returned bills should be properly reported in the Control Returns every Month.
5. Risk Management
5.1. A bills purchase limit can be used to purchase sight bills only and cannot be utilized to purchase usance bills unless specifically authorized by the terms of sanction.
5.2. Bills should not be purchased with instructions for indefinite detention at destination or for their detention for unusually long period. Such instructions are the warning signals towards unhealthy conditions of business of the party and therefore such like warning signals should not remain un-noticed / ignored.
5.3. If a customer is sanctioned bills limits but his secured Cash Credit limit for working capital requirement remains unutilized, discreet enquiries for non-utilisation of Cash Credit limits should be made.
5.4. In the case of discounting of usance bills, branches should obtain credit reports on drawees which should be revised at least once in a year.
5.5. The Railway Receipt or Motor Transport Receipt accompanying bills should not be stale. Normally such documents should not be older than one week.
5.6. Normally Bills accompanying Railway Receipts indicating private railway siding as destination should be purchased / discounted only for reputed parties with the approval of sanctioning authority not less than the Zonal Manager.
5.7. Bills should not normally be drawn in round sums.
5.8. Bills and accompanying documents should not be handed over to the party or his representatives. Similarly, the payments should be received through the normal channel. Whenever the borrower pays the amount of the bill, proper enquiries should be made.
5.9. In case bills are drawn on one party only, then suitable limit for purchase / discounting of bills drawn on such party should be fixed taking into account the credit report on the drawee on whom the bills are drawn. It is suggested that where large portion of Bills are drawn on few drawees only, it should be reported to the next higher authority.
Central Bank of India ________________________________________________________________ Loan Policy 101 5.10. If frequent requests are received from the borrower to deliver documents either free of payment or against lesser payments, proper caution should be exercised.
5.11. No fresh bills should be purchased on those drawees who are not paying / retiring the bills in time. In the alternative suitable sub-limits may be fixed for purchasing bills drawn on each of such drawees.
5.12. Normally, bills purchased / discounted and returned unpaid should not be re- purchased / discounted.
6. Branches are advised to take note of the above guidelines and are advised to comply with them strictly. In addition, Branches are advised to refer to the Manual of Instructions and ensure that all procedures laid down as above and also in Manuals are adhered to.
______________ Central Bank of India ________________________________________________________________ Loan Policy 102 Annexure 7
Guidelines for Financing of Infrastructure Projects
1. In view of the critical importance and high priority being accorded for development of various infrastructure projects, our Board has, taking into account the guidelines issued by Reserve Bank of India, approved the following Policy at its meeting held on 02.05.2003.
2. Definition of Infrastructure lending
Any credit facility in whatever form extended by Bank for: Developing or Operating and maintaining or Developing, operating and maintaining any infrastructure facility that is a project in any of the following sectors:
i. A road, including toll road, a bridge or a rail system. ii. A highway project including other activities being an integral part of the highway project. iii. Port, airport, inland waterway or inland port. iv. A water supply project, irrigation project, water treatment system, sanitation and sewerage system or solid waste management system. v. A telecommunication services whether basic or cellular including radio paging, domestic satellite service (i.e. a satellite owned and operated by an Indian company for providing telecommunication service) Telecom Towers, network of trunking, broadband and Internet services. vi. An industrial park or special economic Zone. vii. Generation or generation and distribution of power including the power projects based on all the renewable energy sources such as wind, bio mass, small hydro, solar etc. viii. Transmission or distribution of power by laying a network of new transmission or distribution lines. ix. Construction relating to projects involving agro-processing and supply of inputs to Agriculture. x. Construction for preservation and storage of processed Agro products, perishable goods such as fruits, vegetables and flowers including test facilities for quality. xi. Construction of Educational institutions and Hospitals. xii. Laying down and/or maintenance of pipelines for gas, crude oil and petroleum pipelines. xiii. Any other infrastructure facility of similar nature.
3. Criteria for Financing
Bank will finance technically feasible, financially viable and bankable projects undertaken by both public sector and private sector undertakings subject to the following conditions:
Central Bank of India ________________________________________________________________ Loan Policy 103 i. The Fund based exposure and/or Non-fund based exposure to any individual project shall be restricted to Rs.400.00 crore.
ii. The total exposure to infrastructure projects for the Bank as a whole under both Fund Based and Non Fund Based facilities may not exceed 35% of gross bank credit. Exposure cap specified above shall be worked out as a percentage of gross credit outstanding as on the last reporting Friday of the Quarter ending March, June, September and December.
iii. The Bank shall participate normally, only in projects which are appraised by major financial institutions / Banks and in consortium with All India Financial Institutions and / or banks. However, the Bank can participate in small projects where project reports have been prepared and appraised by Consultancy firms approved by FIs / Banks for techno-viability report after making independent appraisal.
However, Educational Institutions, Hospitals with a project outlay up to Rs.50.00 crore may be considered as small projects not requiring detailed appraisal by All India Financial Institutions as in the case of large projects.
iv. The amount sanctioned to be within the overall ceiling of the prudential exposure norms prescribed by RBI for infrastructure financing.
v. In respect of projects undertaken by public sector units the following conditions will apply :
a. Term loans will be sanctioned only for corporate entities. b. Such term loans should not be in lieu of or to substitute budgetary resources envisaged for the project. The term loan could supplement the budgetary resources if such supplementing was contemplated in the project design. c. While such public sector units may include Special Purpose Vehicles (SPVs) registered under the Companies Act set up for financing infrastructure projects, it should be ensured that these loans/investments are not used for financing the budget of the State Governments. d. Due diligence on the viability and bankability of such projects has to be undertaken to ensure that revenue stream from the project is sufficient to take care of the debt servicing obligations and that the repayment/servicing of debt is not out of budgetary resources. e. In the case of financing SPVs it should ensure that the funding proposals are for specific monitorable projects. f. The individual component of financing and return are well defined and assessed. g. State Government guarantees may not be taken as a substitute for satisfactory credit appraisal and such appraisal requirements should not be diluted on the basis of any reported arrangement with the Reserve Bank of India or any bank for regular standing instructions/periodic payment instructions for servicing the loans/bonds.
vi. The proposal of other SPVs in the private sector, registered under Companies Act for directly undertaking infrastructure projects which are financially viable and not for acting as mere financial intermediaries may also be entertained. Central Bank of India ________________________________________________________________ Loan Policy 104
vii) In respect of Public Sector Undertakings (including SPVs registered under the Companies Act set up for financing infrastructure projects), term loans shall be sanctioned only for Corporate entities (i.e. Public Sector Undertakings registered under Companies Act or a Corporation established under the relevant statute). Such term loan shall not be in lieu or to substitute budgetary resources envisaged for the project. The term loan could supplement the budgetary resources, if such supplementing was contemplated in the project design. It shall be ensured that these loans are not used for financing the budget of the State Governments. Due diligence on the viability and bankability of the project shall be carried out to ensure that revenue stream from the project is sufficient to take care of the debt servicing obligations and the repayment / servicing of debt is not out of budgetary resources. Further, in case of financing of SPVs, the funding proposals shall be for specific monitorable projects only.
4 Types of Financing by Banks
4.1 In order to meet financial requirements of infrastructure projects, credit facility by way of working capital finance, term loan, project loan and any other form of funded or non funded facility may be extended.
4.2 Take out Financing
Bank may enter into Take out financing arrangement with IDFC/IIFCL/ Other financial institutions or avail of liquidity support from IDFC/IIFCL/ Other FIs.
4.3 Inter-institutional Guarantees
Keeping in view the special features of lending to infrastructure projects viz. high degree of appraisal skills on the part of lenders and availability of resources of a maturity matching with project period, Bank may issue guarantees favouring other lending institutions in respect of infrastructure projects, provided Bank has taken a funded share in the project at least to the extent of 5% of the project cost and undertakes normal credit appraisal, monitoring and follow up of the project.
4.4 Financing Promoters Equity
Normally, the Promoters contribution towards the equity capital of a company should come from their own resources and the bank should not normally grant advances to take up shares of other companies. In view of the importance attached to infrastructure sector, under certain circumstances an exception may be made to this policy, for financing the acquisition of promoters shares in an existing company which is engaged in implementing or operating an infrastructure project in India. The conditions, subject to which an exception may be made, are as follows: Central Bank of India ________________________________________________________________ Loan Policy 105
i. The bank finance would be only for acquisition of shares of existing companies providing infrastructure facilities as defined earlier. Further, acquisition of such shares should be in respect of companies where the existing foreign promoters (and / or domestic joint promoters) voluntarily propose to disinvest their majority shares in compliance with SEBI guidelines, where applicable. ii. The companies to which loans are extended should, inter alia, have a satisfactory net worth. iii. The company financed and the promoters/directors of such companies should not be defaulter to banks / FIs. iv. In order to ensure that the borrower has a substantial stake in the infrastructure company, bank finance should be restricted to 50% of the finance required for acquiring the promoters stake in the company being acquired. v. Finance extended should be against the security of the assets of the borrowing company or the assets of the company acquired and not against the shares of that company or the company being acquired. The shares of borrower company/company being acquired may be accepted as additional security and not as primary security. The security charged to the banks should be marketable. vi. Banks should ensure maintenance of stipulated margin at all times. vii. The tenor of the bank loans may not normally be longer than seven years, except with the express sanction of Board/MC/CACB, where necessary, for financial viability of the project. viii.This financing would be subject to compliance with the statutory requirements under Section 19(2) of the Banking Regulation Act, 1949. ix. The banks financing acquisition of equity shares by promoters should be within the regulatory ceiling of 5% on capital market exposure in relation to its total outstanding advances (including commercial paper) as on March 31 of the previous year. x. All proposals for bank finance will be with the approval of the Board. xi. The date of completion of the project should be clearly spelt out at the time of financial closure of the project and if the date of commencement of commercial production extends beyond a period of two years after the date of completion of the project as originally envisaged, the account should be treated as sub-standard. This instruction is effective from March 31, 2008.
5. Appraisal
(i) In respect of financing of infrastructure projects undertaken by Government owned entities, banks/Financial Institutions should undertake due diligence on the viability of the projects. Banks should ensure that the individual components of financing and returns on the project are well defined and assessed. State Government guarantees may not be taken as a substitute for satisfactory credit appraisal and such appraisal requirements should not be diluted on the basis of any reported arrangement with the Reserve Bank of India or any bank for regular standing instructions/periodic payment instructions for servicing the loans/bonds. Central Bank of India ________________________________________________________________ Loan Policy 106
(ii) Infrastructure projects are often financed through Special Purpose Vehicles. Financing of these projects would, therefore, call for special appraisal skills on the part of lending agencies. Identification of various project risks, evaluation of risk mitigation through appraisal of project contracts and evaluation of creditworthiness of the contracting entities and their abilities to fulfill contractual obligations will be an integral part of the appraisal exercise. In this connection, banks/FIs may consider constituting appropriate screening committees/special cells for appraisal of credit proposals and monitoring the progress/performance of the projects. Often, the size of the funding requirement would necessitate joint financing by banks/FIs or financing by more than one bank under consortium or syndication arrangements. In such cases, bank should, for the purpose of assessment, refer to the appraisal report prepared by the lead bank/FI or have the project appraised jointly.
6. Prudential Requirements
6.1 Prudential credit exposure limits
Credit exposure to borrowers belonging to a group may exceed the exposure norm; of 40% of the banks capital funds by an additional 10% (i.e. up to 50%), provided the additional credit exposure is on account of extension of credit to infrastructure projects. Credit exposure to single borrower may exceed the exposure norm of 15% of the banks capital funds by an additional 5% (i.e. upto 20%) provided the additional credit exposure is on account of infrastructure as defined in paragraph 1 above.
6.2 Asset Liability Management
The infrastructure projects are generally of long term nature. The financing of infrastructure projects may lead to asset-liability mismatches, particularly when such financing is not in conformity with the maturity profile of a banks liabilities. The Credit Department will consult ALM Department about asset-liability position to ensure that they do not run into liquidity mismatches on account of lending to such projects.
________________
Central Bank of India ________________________________________________________________ Loan Policy 107 Annexure - 8
Banks Financing of Equities & Investment in Shares
Bank is allowed to extend finance against Shares, Debentures, Bonds etc. in dematerialized form as per guidelines of RBI issued from time to time. (The earlier guidelines providing finance against shares in physical form is withdrawn. However, existing limits up to Rs. 10 lakh sanctioned to individuals against security of shares in physical form may be renewed and endeavour should be made to shift the security to dematerialized form.) The following are major guidelines as regard to bank finance to Equities & Investments in Shares:-
1. Advance against Shares & Debentures
A) Amount
i) In case of Individual- Maximum Ceiling to Individuals is Rs 20.00 lacs against Shares in Dematerialized Form. Such loans are meant for genuine individual investors and branches should not support collusive action by a large group of individuals belonging to same corporate or their inter connected entities to take multiple loans in order to support particular scripts or stock broking activities of the concerned firm.
ii) In case of Initial Public Offer (IPOs)/ Follow-on Public Offer (FPOs) maximum amount of finance to an Individual for IPO is Rs 10.00 lakh. Corporates will not be extended finance for investment in other companies IPO and NBFCs should not be provided finance for further lending to Individuals for IPOs. Finance extended by bank for IPOs will be reckoned as an Exposure to Capital Market.
iii) Banks may extend finance to employees for purchasing shares of their own companies under ESOP/ reserved by way of employees' quota under IPO to the extent of 90% of the purchase price of the shares or Rs.20 lakhs, whichever is lower.
iv) Banks cannot extend advances to their Employees / Employee Trusts set up by them for the purpose of purchasing their (banks) own shares under ESOP/ IPO or from secondary market. This prohibition will apply irrespective of whether the advances are unsecured or secured.
v) The maximum limit per individual from banking system against security of shares, convertible bonds, convertible debentures, units of equity oriented mutual funds and PSU bonds should not exceed Rs.20.00 lakh and in case of IPO Rs.10.00 lakh. A declaration should be obtained from the borrower indicating the details of the loans / advances availed against shares and other securities specified above from any other bank/s in order to ensure compliance with the ceilings prescribed for the purpose.
B) Margin
50 % on all fresh advances sanctioned. In case of advances sanctioned earlier, the margin prevailing at that time may continue until they come for renewal.
Central Bank of India ________________________________________________________________ Loan Policy 108
2. Issuance of Bank Guarantees on behalf of Stock Brokers & Market Makers
RBI permits Banks for issuance of following two types of Bank Guarantees: (i) Guarantees on behalf of share and stock brokers/commodity brokers in favor of stock exchanges in lieu of security deposit. (ii) Guarantees on behalf of share and stock brokers/commodity brokers in favor of stock exchanges for margin requirement. Margin on bank guarantee on behalf of Stockbrokers is 50%, out of which a minimum of 25% should be Cash Margin.
3. Financing of Arbitrage Operations
No credit facility is to be extended to stock brokers directly OR indirectly for arbitrage operations.
4. Advances to Stock Brokers
a) Credit facilities to stockbrokers are to be given based on commercial judgment within the banks policy. To avoid any nexus among Inter Connected Stock Broking entities and the bank, ceiling within overall 40% of banks net worth as on March 31 of previous year to be adhered. RBI permits following types of facilities to Stock Brokers: (i) Overdraft facilities / line of credit against shares and debentures held by them as stock-in-trade (ii) Working Capital Limit to meet cash flow Gap for transactions undertaken on behalf of Institutions. (iii) Banks finance to stockbrokers for margin trading.
Within the overall credit of 40% of net worth a sub-ceiling is fixed in respect of following categories of Stock Brokers and Market Makers:
Category Sub-Ceiling All the Stockbrokers and market makers (both fund based and Non-Fund based i.e., Guarantees) 5% of our net worth as per last published balance sheet. Any single stock broking entity including its associates / Inter connected Companies 0.5 % of our net worth as per last published balance sheet
Further, bank will not extend credit facility directly or indirectly to stock brokers for arbitrary operations in stock exchanges.
b) Delegatees up to the level of General Manager can sanction maximum amount up to Rs.1.00 Crore within lending power to Individual Broker either in the form of advance/drawing against pay-out OR guarantee on broker favoring Stock Exchanges.
c) Advances beyond Rs 1.00 Crore for Individual Stock Broker can be considered only by Executive Director / CMD at Central Office.
Central Bank of India ________________________________________________________________ Loan Policy 109 d) Credit requirement of Broker will be assessed / analyzed based on their Balance Sheet, Net Worth as done in other credit proposals. However exposure is to be not more than TNW of the brokers.
e) Maximum amount of advance against Pay-Out will be at 50% of the amount of Pay out OR the limit sanctioned which ever is lower. The amount of the pay out should be authenticated by an official authorized for the purpose of the Stock Exchange and signature of the official should be verified.
f) As per terms of MOU, all the brokers to whom the limit of advance against pay-out is being sanctioned should deal with our bank only.
g) Advance against pay-out will be normally allowed for maximum for four / five days but it is to be adjusted positively on the settlement date of pay out. In no cases advances should remain outstanding in the account after settlement date.
h) Zonal / Regional / Branch offices should monitor amount of advance against pay-out.
i) Personal Guarantee of all the Promoters/Directors is to be obtained to secure our advance against Pay-out.
j) Till the system of advance against pay-out is stabilized, Zonal Office may submit a monthly statement of advance allowed against pay-out for information to General Manager (Credit).
k) Exposure against Security of the Shares to any individual company will not be more than 30% of the capital of the Company, OR 30% of the capital & reserves of the Bank which ever is lower.
5. Risk Management System
In addition to above, following measures are to be taken into account:
a) To ensure that exposure to stockbrokers is well diversified in terms of the number of broker clients, individual interconnected broking entities, it is to be ensured that there is no inter-connectedness of brokers who are availing Banks finance. Also it is to be verified that there is no collusion of various brokers in different names/entities who are directly/indirectly utilizing banks fund for the same purpose and thereby promoting their own vested interests.
b) Track record & Credit Worthiness of the Broker, Financial Position of broker, operation on his account and on behalf of the clients, average turnover period of the Stocks & Shares, the extent to which brokers fund are required to be involved in his business operation etc.
c) If there is report of default about any broker or adverse features noticed in the past, the proposals for such brokers are not to be considered.
d) While processing proposals for loans to stockbrokers, details of facilities enjoyed by brokers and all his connected companies from other banks are to be taken into consideration. Central Bank of India ________________________________________________________________ Loan Policy 110
e) Details of the credit facilities availed by Brokers or their associates/inter-connected companies from other banks for the same purpose. This is necessary in order to ensure that high leverage is not built up by the borrower or his associate or interconnected companies with the Bank Finance. A detailed market/search report to be obtained about the dealing of the brokers concerned from various sources such as FIs/Banks. Specific declaration from the broker to be obtained to the effect detailing out their dealings with various entities in the past / present.
f) It has to be also verified that Brokers do not solely depend upon Banks Finance for their dealings rather they have their substantial stake in the business / venture.
6. Ceilings on overall exposure to Capital Market
As per the guidelines of Reserve Bank of India and as per the policy approved by the Board, Banks exposure to capital market by way of investments in shares, convertible debentures and units of mutual funds (other than Debt funds) through primary or secondary markets should not exceed 5% of the banks total outstanding of domestic credit (excluding inter Bank lending and advances outside India) as on March 31, or the previous year.
7. Ceiling on Direct Investments in shares etc.
The aggregate exposure of a bank to the capital markets in all forms (both fund based and non-fund based) should not exceed 40 per cent of its net worth, (as defined in paragraph 8.6) as on March 31 of the previous year. Within this overall ceiling, the banks direct investment in shares, convertible bonds / debentures, units of equity- oriented mutual funds and all exposures to Venture Capital Funds (VCFs) [both registered and unregistered] should not exceed 20 per cent of its net worth.
8. Branches would be required to review the shares portfolio and to take suitable steps to safeguard the banks interest on the happening of following:
- Sensex/Nifty falling by 5% & above in a single day. - Any adverse report in the press - SEBI placing any company under Z category - Share prices falling by 20% in the portfolio held by the borrower.
(a). Sensex/Nifty swings by 2% to 5%, in a single day, are very common now-a-days. A more pragmatic fall of 5% & above may be a cause of concern. The margin of 50% and appropriate haircut (VaR- i.e. Value at Risk, margin disclosed by Stock Exchanges for each script) should take care of volatility in stock market to a reasonable extent.
(b). SEBI placing any company under Z category. The Z category scripts are from BSE. These companies have poor corporate governance & not complied with Listing Agreements and/or large Investor grievances. Central Bank of India ________________________________________________________________ Loan Policy 111
9. Shares should be revalued on the last working day of the week & drawing power should be calculated, on the basis of average market price of the share for last six months or current market price whichever is lower. If account is overdrawn, borrower should be asked to deposit necessary amount in the account or to lodge further securities.
10. While considering the proposals for advance against shares and debentures it should be ensured that the advance should not be granted against partly paid shares. No loans to be granted to partnership/proprietorship concerns against the primary security of shares and debentures. It should be ensured that the bank funds are not utilized for Badla transactions
___________ Central Bank of India ________________________________________________________________ Loan Policy 112 Annexure 9
Guidelines for Financing Construction Industry.
1. On the basis of guidelines issued by Reserve Bank of India and Indian Banks Association, we have finalized guidelines for financing Construction Industry consisting of Builders & Developers and Construction Contractors. The Broad guidelines for the same are given below:
2. Builders and Developers
2.1. The main activity of the Builders and Developers is construction of Housing Complexes. The Builders and Developers requirements of funds can be grouped as under:
i. Purchase of Land ii. Development of land iii. Construction of the building iv. Holding the stocks after construction
2.2. Eligibility
2.2.1. The basic eligibility criteria to finance any project will be that the project is commercially viable and has the capacity to generate sufficient funds to repay the principle amount with interest.
2.2.2. The Standing / Performance of the borrower in the past to be taken into account while considering the proposal. However, this will not be strictly applicable to SPVs promoted for development of any project. In such cases, the standing and performance of the Promoter Companies should be given due weightage.
2.2.3. Promoters should have minimum experience of 5 years in this line of business and have executed successfully at least 3 projects. The minimum paid up capital should be Rs.50 lakh and the minimum average turnover should be Rs.100 lakh. However, this will not be strictly applicable to SPVs promoted for development of any project. In such cases, promoters of SPV should have adequate experience.
2.2.4. It should be specifically ascertained if any project of the borrower is incomplete for want of funds, so as to avoid possibility of diversion of funds from the project being financed.
2.2.5. Discreet inquiries about the reputation of the borrower / builder in the market should be made.
2.2.6. The Builder / Developer should have completed all necessary legal procedures / obtaining permission from the competent authority and got the plan approved. Certificate from the architect and legal advisor to this effect should be obtained.
Central Bank of India ________________________________________________________________ Loan Policy 113 2.3. Level of Working Capital Finance
2.3.1. The Bank will consider finance for the total project upto a maximum of 75% of the cost of the project i.e. Purchase / Development of land and construction of building / property.
2.3.2. Margin amount for the project should be arranged by the borrower either up front or in stages in proportion to disbursement of Term Loan.
2.3.3. As per RBI guidelines vide DBOD.No.DIR (HSG).B.C.02/08.12.01/2007-08 dated 02.07.2007, bank may extend finance to public agencies and not private builders for acquisition and development of land, provided it is a part of the complete project, including development of infrastructure such as water systems, drainage, roads, provision of electricity etc. Such credit may be extended by way of term loans. The project should be completed as early as possible and, in any case, within three years from the date of advance.
2.3.4. Value of land in the Balance Sheet should be taken at acquisition cost.
2.3.5. Investments made in the Land, if any, as reflected in the Balance Sheet to be treated as margin contribution of the Builders.
2.4. Type of Limit -- Working Capital
2.4.1. The funded credit facilities be allowed in the form of term loans.
2.4.2. The disbursement to be made on stage to stage.
2.4.3 The Booking amounts and sale proceeds of the constructed areas which were not envisaged as means of finance and also the amounts received in excess of such envisaged amounts, to be adjusted either to repay the out standings in the term loan account or the term loan amount be reduced to that extent.
2.4.4 The maximum period of repayment to be linked to the stated project construction period. However, six to twelve additional months may be allowed to sell the constructed property and deposit the sale proceeds. Hence the repayment period may be extended by 6 to 12 months on case to case basis.
2.4.5 Margin: Minimum 25% of the total over all cost of project.
2.5. Security: Mortgage and Hypothecation Charge on all project assets both present and future.
2.6. Interest: As per Credit Risk Rating. However, ED / CMD/CACB shall have discretion to charge lower rate of interest on case to case basis.
2.7. Processing Charges: Upfront Fee as per existing instructions. However, ED / CMD/CACB shall have discretion to charge lower upfront fee on case to case basis.
Central Bank of India ________________________________________________________________ Loan Policy 114 2.8. Sanctioning Authority: Regional Managers/ Zonal Managers and above within their delegated powers.
2.9. Other Terms and Conditions.
2.9.1 Bank may consider Loans to Developers, who enter into contract with the land owners to develop the property and sale subject to following conditions: 1. Developer is in the line of activity at least for last three years. 2. He has successfully completed at least three projects. 3. Discreet inquiries about the reputation of the borrower/builder in the market should be made. 4. Development agreement with the owner of land to be scrutinized and legal opinion to be obtained to ensure validity, mortgagibility, enforceability, creation of Charge /assignment of developmental rights in favour of the bank etc. 6. The Builder / Developer should have completed all necessary legal procedures/obtaining Permission from the competent authority and got the plan approved. Certificate from the architect and legal advisor to this effect should be obtained. 6. Asset Coverage Ratio should not be below 1.50:1 at any point of time during the currency of the loan. 7. Debt Equity Ratio should preferably be 2:1.However higher Debt Equity Ratio up to 3:1 can be accepted by CMD/CACB/ MC of the Board. 8. No financing of acquisition of land. 9. The Booking amounts and sale proceeds of the constructed areas should not be envisaged as means of finance and the amounts so received be utilized to repay the outstanding in the loan account. 10. Maximum period of repayment to be linked to the stated project construction period. However, six to twelve additional months may be allowed to sell the constructed property and deposit the sale proceeds. Hence, the repayment period may be extended by 6 to 12 months after construction on case to case basis. 11. Minimum Margin should be 25% of the total overall cost of project. 12. Security: Hypothecation of all project assets and assignment of developmental rights. Mortgage of property proposed to be developed or personal guarantee of the owner of the land at least to the extent of his/her share in the property to be explored. Alternatively, collateral having adequate value to be insisted upon. 13. Interest Rate: As per pricing policy of the Bank. 14. Upfront fee: 1% of the project cost. 15. Sanctioning Authority: Executive Director and above within their respective delegated powers. ED/CMD shall also have the discretion to consider any deviation from the above on case to case basis subject to report to Board/MC/CACB. 2.9.2 Deleted.
2.9.3. Possibility of arriving at some mutual arrangement to ensure that the sale proceeds of flats / houses are directly received by the bank may be explored.
3. Construction Contractors 3.1. The requirements of any construction contractor can be divided into the following two stages:
3.1.1 Pre Construction Stage.
3.1.2. Construction Stage and Post Construction Stage. Central Bank of India ________________________________________________________________ Loan Policy 115
3.2. At pre-construction stage the facilities required by the construction contractor may be in the form of:
3.2.1 Fund Based Requirements a) Term Loans for purchase of machinery and equipments. b) Working Capital.
3.2.2. Non-Fund Based Requirements a) Bid Bond Guarantee b) Bank Guarantee for raising Mobilisation Advance. c) DPG for purchase of Machinery and Equipment. d) Performance Bank Guarantees.
3.3. Similarly after the contract is awarded the facilities required may be as under:
3.3.1. Fund Based Requirements a) Working Capital for meeting raw material purchase. b) Bills limit for purchase / discounting of the accepted bills payment for the completed construction stage.
3.3.2. Non-Fund Based Requirements Bank Guarantee limits for release of retention money.
(A) Construction Contractors for limits upto Rs.5.00 crore In order to facilitate financing Small Construction Contractors enlisted with PWD / Government Departments / Local Authorities, following guidelines are laid down:
1. Eligibility a. Contractors should be enlisted with different Government Departments / State Sponsored Agencies / Local Authorities having Category of B+ rating and above. b. The firm should have at least 2 years experience of the type of job proposed to be undertaken. c. There should not be any adverse report against the Contractor and should have successfully completed previous jobs allotted to them.
2. Maximum loan amount: Rs.5.00 crore
3. Nature of Facility / Margin / Security:
a. Term Loan for purchase of machinery and equipments. Repaying capacity in terms of Debt Service Coverage Ratio should be 1.5:1 for entire repayment period. Repayment of term loan should be within a maximum period of 5 years. Projected Cash flow for the entire repayment period should be obtained.
Margin: 25% in case of new machinery 40% in case of old machinery Security: Hypothecation of machinery Central Bank of India ________________________________________________________________ Loan Policy 116
b. Overdraft against confirmed Work Order for purchase of raw material, labour payments etc.
Margin: 25%
The Cash Budget method be used to arrive at the funded requirements of the Contractors. The Cash Budget/Cash Flow chart for individual contract to be drawn wherever possible. The maximum level of drawing be limited to peak Net Cash Deficit arrived on the basis of consolidated Cash Flow Chart.
Security: (i) Hypothecation of all types of construction raw materials purchased. (ii) Hypothecation of Book Debts. However, DP should be allowed against Receivables not older than 90 days.
c. Bills Discounting: i. Where there is no Power of Attorney registered with the Implementing Agency, D.A Bills within the tenor of 90 days may be considered for discounting with 25% margin.
ii. Where there is a Power of Attorney effectively registered with the implementing Agency in favour of the Bank for receiving payment, D.A Bills drawn upto a tenor of 180 days may be considered for discounting with 10% margin.
d. Guarantee facility: Performance and Financial Guarantees may be considered with a minimum Cash Margin of 25% on our usual terms and conditions.
4. Collateral security: E.M. of non-encumbered property to minimum to the extent of 100% of loan amount (FB + NFB). Other formalities for creation of EM to be completed before release of loan.
5. Rate of Interest: As per Risk Rating/ Central Office Circulars
6. Sanctioning authority: BM (Scale III) /RMs / CMs and above within their respective lending powers, subject to maximum of Rs.5.00 crore per borrower.
7. Method of calculation of W.C. finance: Cash Budget method wherever possible.
8. Processing charges: 1.00% of loan amount with maximum Rs.2,00,000/-. Central Bank of India ________________________________________________________________ Loan Policy 117
9. Documentation: Applicable documentation for term loans and working capital limits should be obtained. Charge should be got registered wherever applicable.
10. Other terms and conditions:
1. As far as possible, it should be ensured that the contract-wise facility should be self liquidating in nature. However, for justifiable reasons and in case of Contractors of repute, past records, this stipulation may be relaxed on case to case basis. 2. Where there is both Overdraft and Bills finance, incidence of double finance should be avoided. 3. It is advisable to get the Power of Attorney Registered with the Implementing Agency for routing payment through our Bank. 4. KYC norms to be strictly observed. 5. As there is added risk in financing of Construction Contractors especially lack of control over raw material due to very nature of the job undertaken, close follow up by way of periodical inspection and constant monitoring of operations in the account to be ensured. 6. The facility should be considered only in respect of reputed Contractors where the implementing Agency is Government / Semi Government / P.W.D / Local Authority.
7. Caution should be exercised to ensure that DP is arrived only against paid stocks and Book Debts of not older than 90 days. Normally, Contractors do not hold stocks as they will utilize the material in construction. Therefore, material used can be treated as stocks in process till bills are raised and consider such stocks for working out Drawing Power. However, proper care to be exercised so as to avoid double financing.
(B) Construction Contractors for limits over Rs.5.00 crore
1. Eligibility: 1.1 Project should be commercially viable and the capacity to generate sufficient funds to repay the Principal amount and interest thereon. The means to finance the project should be fully tied up or there should be definite plans to raise the required finance.
1.2 The Standing / Performance of the borrower in the past to be taken into account while considering the proposal.
1.3 The firm / company should be in operation for at least three years and should have successfully completed 5 projects of the size. The minimum paid up capital should be Rs.50 lakhs and the minimum average turnover should be Rs.100 lakhs.
2. Term Loans:
2.1 Need based term loan requirements for the purchase of machinery and equipment may be considered. The repaying capacity in terms of Debt Service Coverage Ratio (DSCR) should be of 2:1 for the entire repayment period. The repayment of term Central Bank of India ________________________________________________________________ Loan Policy 118 loan to be allowed over longer period say upto 5 to 7 years but not exceeding the effective life of the machinery.
3. Margin: 25% in the case of new machinery and 40% in the case of old machinery.
4. Security: Hypothecation of the machinery purchased with bank finance. Further the limits should be collaterally secured by securities whose value should not be less than 100% of the facility.
5. Working Capital Finance:
5.1 The Cash Budget method be used to arrive at the Funded requirements of the Contractors. The Cash Budget / Cash Flow Chart for each individual Contract to be drawn and to be consolidated. The maximum level of drawing be limited to the Peak Net Cash Deficit arrived at on the basis of the Consolidated Cash Flow Chart.
5.2 The drawing limit of the Contractor to be limited equivalent to Two Months requirements of funds of the Total Cost of Contract by way of Cash Credit / Overdraft.
5.3 The disbursements shall be made on stage to stage basis.
5.4 The Margin for working capital should be available in the Balance Sheet from own Sources which should be minimum of 25%.
6. Bills Finance: 6.1. The financing of the bills may be varied according to the security / recourse available to the bank i.e. with Power of Attorney or without Power of Attorney.
6.2. When the Power of Attorney is registered with the Contract Owner, then the bills up to 180 days duly certified and accepted for payment may be considered for discounting with 10% margin.
6.3. When the Power of Attorney is not registered, then bills up to 90 days with 25% margin may be considered for discounting.
7. Sanctioning Authority: The Fund based and non-Fund based limits mentioned at paragraphs 3.2. and 3.3. herein above are to be allowed by Regional Managers(in the rank of DGM) / Zonal Managers and above within their delegated power.
8. Guarantee Commission: a) Performance Guarantee : As per CO Circulars. b) Financial Guarantee : As per CO Circulars.
9. Margin for Guarantees: Minimum Margin of 25% should be maintained. Central Bank of India ________________________________________________________________ Loan Policy 119
10. General Terms and Conditions: a. Debt Equity Ratio: The debt equity ratio shall not exceed 3:1. The Net Worth for this purpose should be taken as Tangible Net Worth net of investments and fixed assets unrelated to the core business.
b. Exposure Norms: As per RBI suggestion, the fund based limits and the non-fund based limits sanctioned to a borrower (excluding Performance Guarantees) put together should not exceed NINE times of the Net Owned Funds of the Borrower Company.
11. Collateral Security: The collateral Security to the extent of 100%.
12. Rate of Interest : As per Risk Rating.
13. Borrower should scrupulously follow the Accounting Standard AS-7 of the Institute of Chartered Accountants of India and should prepare Balance Sheet adopting percentage completion method and should also submit return as instructed by Reserve Bank of India vide their circular No.2/08.10.01/95-96 dated 25 th July 1995.
14. Processing Charges: As per the existing rules. We trust that these guidelines would help our Branches in promoting quality business under this Sector
Central Bank of India ________________________________________________________________ Loan Policy 120 Annexure-10 Guidelines for Sanctioning of Bridge Loans.
1. As per the guidelines of Reserve Bank of India Banks are permitted to consider sanctioning of Bridge Loans / Interim Finance against commitments made by a Financial Institution and / or another Bank in cases where the Lending Institutions face temporary liquidity constraints, subject to compliance with the following conditions.:
a) The Bank extending Bridge / Interim finance must obtain prior approval of the other Bank and / or the Financial Institutions which have sanctioned the Term Loan.
b) The sanctioning Bank must also obtain a commitment from the other Bank and / or Financial Institution that the latter would directly remit the amount of Term Loan to it at the time of disbursement of the Loan.
c) Bank should ensure that Bridge Loan / Interim Finance sanctioned and disbursed is utilized strictly for the purpose for which the Term Loan as been sanctioned by another Bank and / or Financial Institution.
1.1. Proposals of the type mentioned in paragraph 1 herein above would be sanctioned at Central Office level only.
2. Reserve Bank of India has also permitted Banks to grant Bridge Loans to Companies (Other than NBFCs) against Public Issue of Equity Shares whether in India or Abroad also taking into account the security aspect, quantum of loan, exposure norms, proper end use and period of loan etc. In the light of the above, the following guidelines for sanction of Bridge Loans to Companies (Other than NBFCs) are framed:
(A) Against Public Issue of Equity Shares in India or abroad and
(B) Against other forms of Equity viz. Foreign Equity other than Public Issue.
2.1. Eligibility:
a) The request for sanction of Bridge Loans against Public Issue of Equity Shares is generally to be considered for our existing Prime Borrowers only. Any exception to this is to be considered only with the approval of Central Office.
b) The proposed Public issue should have been approved by the SEBI.
2.2. Sanctioning Authority:
a) In case of loans against Public Issue of Equity in India or Abroad, the requests from the borrowers are to be considered at Central Office level by Executive Director and above as per their delegated lending powers.
Central Bank of India ________________________________________________________________ Loan Policy 121 b) In cases of loans against other forms of Equity i.e., Foreign Equity other than Public Issue, Management Committee of the Board is empowered to sanction such loans and subject to approval from Reserve Bank of India, wherever required.
2.3. Quantum of Finance: The amount of Bridge Finance will be restricted to 70% of the Proposed Equity Issue subject to a maximum of Rs.25 crore per borrower.
2.4. Exposure: The exposure to the company / Group should be within the prudential norms in vogue / exposure levels prescribed by our Bank.
2.5. Rate of Interest: Interest is linked to Base Rate and should be charged at 2.00% over and above the applicable rate of the borrower as per Credit Rating assigned to them.
2.6. Covenants:
a) The proposed Public Issue of Equity Shares should be underwritten fully, by Category 1 Merchant Bankers, preferably Commercial Banks / Financial Institutions, to the extent of the aggregate of the amount offered under Reserve Category (excluding Firm Allotment) and net offer made to Public. The underwriters must agree to pay directly to us their commitments in case of devolvement of the issue. b) Subscription account (No lien account) should be opened with our Bank. c) Personal Guarantee/s by Promoter Director/s guaranteeing the repayment of Bridge Loan should be obtained.
2.7. Disbursement: Disbursement of Bridge Loan shall be made only after the opening date of the issue for acquiring tangible assets, to meet a part of the project cost as per the prospectus approved by SEBI or as per the project cost approved by the appraising Financial Institutions / Banks.
2.8. End-Use: Utilisation of Bridge Loan for the purpose for which it is granted is to be certified by the Auditors of the company or any other firm of Chartered Accountants.
2.9. First Pari-passu Charge on the assets is to be created for the loan amount.
2.10. Repayment: Entire Loan amount should be repaid within 6 months from the date of the first disbursement. The Sanctioning Authorities may, at their discretion, permit two roll-overs of another 3 months each in exceptional cases, if circumstances so warrant.
3. While considering the requests from the borrowers for sanction of Bridge Loans against proposed Public Issue of Equity Shares, the following stipulations are also to be complied with: a) NOC / Prior approval of other Banks / Financial Institutions, who have sanctioned term loan facilities to the company, should be obtained. b) A copy of the Prospectus duly approved by SEBI should be obtained to ascertain the quantum of the proposed issue of Equity Shares against which the loan is requested for and eligible finance. c) Copies of the proposed underwriting agreements should be got examined by our Legal Department and ensure that there are no onerous clauses in it and that the Underwriters commitments are irrevocable. _____________ Central Bank of India ________________________________________________________________ Loan Policy 122 Annexure-11
Financing of Non Banking Financial Companies (NBFCs)
1. Lending by banks to NBFCs is restricted upto certain multiples of the latters net owned funds (NOF). As per the guidelines of Reserve Bank of India, there are no restrictions in respect of borrowings by NBFCs which are statutorily registered with RBI and are engaged in principle business of Equipment Leasing (EL), Hire-purchase (HP), Loans and Investment activities. The Banks approaches for lending to NBFCs have been examined in detail and the following internal guidelines are issued:
2. NBFCs. -Which are complying with prudential norms of Reserve Bank of India, Credit Rating and also registered with RBI. The Loan Policy of the Bank stipulates lending at maximum of 4 times the Tangible Net Worth of a borrower. Hence, though there is no maximum overall limit for lending, the lending by the Bank to individual NBFCs will not exceed 4 times its TNW. In the case of consortium / syndicated lending, higher limits may be granted by the consortium / syndication as a whole, but the Banks own exposure may not exceed 4 times the TNW.
3. NBFCs that have not fully complied with RBI Guidelines: The Banks policy shall be to avoid exposure to such companies. While the existing limits may be allowed to continue, incremental exposure will be avoided. In the cases of new companies established by reputed promoters, exposure upto 2 times the NOF may be considered against an undertaking that the guidelines of RBI will be complied with within a stipulated time frame.
4. Residuary NBFCs.: The Bank may lend very selectively to such companies registered with the Reserve Bank of India. To companies promoted by parties well known to the Bank and having good track record, overall exposure not exceeding the net owned funds of the company may be considered. 5. Activities not Eligible for Bank Credit 5.1 In terms of RBI guidelines contained in RBI/ 2011-12/71 DBOD. BP. BC. No.20/21. 04.172/2011-12/71 dt. 01.07.2011, the following activities undertaken by NBFCs, are not eligible for bank credits: (i) Bills discounted / rediscounted by NBFCs, except for rediscounting of bills discounted by NBFCs arising from sale of : - (a) commercial vehicles (including light commercial vehicles), and (b) two wheeler and three wheeler vehicles, subject to the following conditions: * the bills should have been drawn by the manufacturer on dealers only; * the bills should represent genuine sale transactions as may be ascertained from the chassis / engine number; and * before rediscounting the bills, banks should satisfy themselves about the bona fides and track record of NBFCs which have discounted the bills. Central Bank of India ________________________________________________________________ Loan Policy 123 (ii) Investments of NBFCs both of current and long-term nature, in any company / entity by way of shares, debentures, etc. However, Stock Broking Companies may be provided need-based credit against shares and debentures held by them as stock-in-trade.
(iii) Unsecured loans / inter-corporate deposits by NBFCs to / in any company.
(iv) All types of loans and advances by NBFCs to their subsidiaries, group companies / entities.
(v) Finance to NBFCs for further lending to individuals for subscribing to Initial Public Offerings (IPOs) and for purchase of shares from secondary market.
6. Banks are not allowed to sanction bridge loans and loans of a bridging nature in any form to NBFCs including against capital / debenture issues.
Central Bank of India ________________________________________________________________ Loan Policy 124 Annexure-12 Guidelines for financing Entertainment Industry including Films.
The Government of India has since conferred the status of Industry on the Entertainment Sector, of which Feature Films constitutes the most important segment. We have since finalized the guidelines for financing this activity which are reproduced below:
1. Purpose: Finance for production of Feature Films in Hindi / Regional Languages.
2. Nature of Facility: Short Term Loan or Overdraft.
3. Eligibility: Film Producers (Corporate / Non Corporate Entities) with good track record in the field. Such entities may also avail finance for production of films in participation with NFDC.
4. Bank Finance: The maximum advance to any project should not exceed 50% of the total cost of production or Rs.15 Cr. which ever is less. For financing any project more than the above limit, proposal should be referred to Central Office.
5. Margin: A minimum of 25% of production cost should be brought by the Promoters and tie-up arrangements for another at least 25% in the form of Advances from Distributors.
6. Rate of Interest: Linked to Base Rate (BR) and risk rating. 7. Guarantee: Personal Guarantee of the producer should be obtained.
8. Processing Charges: As per Central Office Circulars.
9. Period of Loan: 12 to 18 months based on Banks assessment of Cash generation of the project.
10. Disbursement: Loan amount should be disbursed in stages, only after the promoters contributions as well as Advances from Distributors are utilized atleast 50%.
11. Security:
11.1. Laboratory letter conveying rights on the negatives to Bank.
11.2. Assignment of rights pertaining to Music, Audio/Video, CD/DVD or Internet/Satellite rights, Export or International rights etc. in favour of the Bank.
11.3. Assignment in favour of the Bank, of all Agreements and Intellectual Property Rights (IPRS) by the borrowers.
11.4. First Hypothecation charge on all tangible assets under the project.
11.5. Collateral security by way of Mortgage of property / Lien on Deposits and other approved securities / Assignment of LIC Policies of the Promoters or their friends and relatives etc. may also be explored upon, depending upon merits of the case. Central Bank of India ________________________________________________________________ Loan Policy 125
12. Insurance: Insurance policies covering Film under production and Key personnel Insurance etc., to be obtained with Bank Clause.
12.1 If any other policy designed to cover production completion risk, risk of financial loss due to delay in production / obtaining Censors certificate or loss due to discontinuance of exhibition etc. or a Comprehensive / Umbrella policy is available, the same should be obtained.
13. Other Term and Conditions:
13.1.The Borrower will give an undertaking to maintain a Trust and Retention Account (TRA) with the Bank for all inflows and outflows of capital and revenue nature. The modalities of TRA to be worked out on case to case basis.
13.2. No-Objection Certificate to be obtained from all parties for the TRA arrangements.
13.3. Bank will have first charge on TRA.
13.4. Producers to furnish periodical information regarding progress of the project, Cash Flow Statements and monitoring reports (certified by specialized agencies / consultants, wherever considered necessary).
13.5. Banks name should be prominently displayed in the Titles.
13.6. In case of corporate clients, Registration of Charge with ROC to be ensured before disbursement.
13.7. If necessary, the Bank may appoint Specialised Agencies for evaluation of the project, monitoring the progress of film shooting / processing and assessing the reasonableness of expenditure. The fees paid to such agencies to be borne by the borrowers.
14. Finance through NFDC / to NFDC: The National Film Development Corporation Ltd.(NFDC) specializes in promoting quality cinema. Any project vetted by NFDC may also be considered for financing by the Bank. Similarly, at the request of NFDC, finance may also be extended to them on the above mentioned lines.
______________
Central Bank of India ________________________________________________________________ Loan Policy 126 Annexure - 13 Guidelines for sanction of General Purpose Corporate Loans/ Short Term Loans.
The Bank has been sanctioning from time to time financial assistance to meet the credit requirements of corporate and Non-Corporate clients by way of regular facilities like Term Loan, Cash Credit, Overdraft, Bill Discounting etc. Of late, in order to have flexibility to take advantage of prevailing market conditions, the borrowers prefer General Purpose Corporate Loans/ Short Term Loans against regular working capital facility. Keeping in view the demand from the corporate world and to take care of their needs and also to deploy banks surplus funds profitably following guidelines have been framed:
1. Purpose: General Purpose Corporate Loans/ Short Term Loans may be considered for any of the following purposes:
a) To augment Net Working Capital b) To meet Temporary mis-match of funds c) Prepayment of High Cost Loans/Debts d) General business purpose e) To kick start the projects pending financial closure.
2. Eligibility: Customers who comply with the following criterion are eligible for General Purpose Corporate Loans/ STL:
a) High net worth corporates with satisfactory track record b) Reputed Business Houses having good market reputation for timely payments c) Listed / Unlisted Corporate Bodies having credit rating of CBI-4 and above or its equivalent in case of rating by external rating agency d) Unrated but financially sound Corporate Bodies e) Facility should be genuinely need based
3. Quantum: Minimum size of the loan shall be of Rs.25 Cr. and Maximum of Rs.500 Cr. per borrower.
4. Tenor: General Purpose Corporate Loans/ Short Term Loans shall be for a maximum period of Three years.
5. Interest:
a) Rate of Interest on General Purpose Corporate Loans/ Short Term Loans are dependent on market conditions such as demand for funds from the corporates, tenor, liquidity in the market, liquidity position of the bank, RBI stance on interest rates etc. ROI shall be linked with Base Rate. b) Therefore, Interest Rate on General Purpose Corporate Loans/ Short Term Loan will be determined on the basis of prevailing market conditions more particularly MIBOR & Call money rates & liquidity position of the bank, standing of the borrower. Interest shall be paid by the borrower on monthly basis as and when charged by the Bank. Central Bank of India ________________________________________________________________ Loan Policy 127 c) CMD and in his absence ED, shall be empowered to approve the rate of Interest on General Purpose Corporate Loans/ STLs falling within their respective lending powers. However, in exceptional cases and keeping in view of the urgency, CMD shall be empowered to approve ROI on General Purpose Corporate Loans/ STLs falling within the powers of CACB/MC and the same shall be placed to CACB/ MCB for ratification.
6. Repayment: Cash Flow Financing is applicable in respect of Assessment of eligible finance under General Purpose Corporate Loans/ Short Term Loans etc. On the basis of Cash Flows, repayments shall be fixed either by way of periodical installments or bullet payments. Bullet Payments to be allowed only on exceptional cases. 7. Prepayment Charges: In case of prepayment, prepayment charges @ 1% p.a.of the amount prepaid shall be recovered. 8. Security: Charge on existing fixed assets or current assets along with charge on assets to be created if any out of the proposed loan shall be explored. However, keeping in view the financial standing of the borrower, the facility may be allowed by way of unsecured advance also subject to compliance with the cap fixed by the Board for unsecured advances & prudential exposure norms. In terms of Govt. guidelines vide F.No.7/50/2012/BOA, Ministry of Finance, Department of Financial Services dt. 16.03.2012, henceforth, such short term loans should be secured. In case of all such existing loans, they shall have to be either phased out in next 6 months or create Collateral Security. Further, in case such loans turn NPA, details of such cases to be submitted to Department of Financial Services, Ministry of Finance.
9. Margin: Normally a margin of 25% should be stipulated on all types of securities except securities falling under Capital Market Exposure, Selective Credit Control & landed property, in such cases appropriate/applicable margins should be stipulated. In case of facilities sanctioned for augmenting NWC, it may be considered at Nil to 10% margin. (NWC generally represents promoters contribution towards margin, since they are not in a position to infuse additional funds towards building up margin, loan under the scheme is extended and hence stipulating any margin on such loans will defeat the very purpose of extending such loans. Therefore, such loans can be considered at Nil or lower margin). 10. Sanctioning Authority: General Purpose Corporate Loans/ Short Term Loans can be sanctioned by the delegatees in the rank of General Manager and above within their respective delegated lending powers taking into account the total exposure to the borrower. If such loans are extended without any security/un secured, then the credit sanction should be done by CACB/MCB only. Interest Rate will be as applicable to Risk Rating. However, the powers to approve a lesser interest of maximum 100 basis point shall rest with CACB/ MCB. 11. Other Conditions: a) Current Ratio: The current ratio should normally be 1.33. However, current ratio up to 1:1 shall be acceptable. However, if the in such case facility is sanctioned for augmenting NWC, the ratio should improve relatively. b) Debt: Equity ratio should be 4:1. However, it may be relaxed up to 6:1. c) TOL: TNW ratio should be 6:1. However, deviation beyond 6:1 may be allowed by CACB/ MCB. Central Bank of India ________________________________________________________________ Loan Policy 128 d) Obtaining Personal Guarantee of Promoter Director/s to be explored more particularly in case of unsecured loans. e) Proceeds of General Purpose Corporate Loans/ Short Term Loans should not be utilized for any speculative purposes or investing in capital market / Commercial Real Estate. f) While considering the applications for General Purpose Corporate Loans/ Short Term Loans Financials & cash flows to be studied carefully to ensure genuineness of the requirement and repaying capacity on due date. g) If the borrower is enjoying facilities with other Banks/FIs proper due diligence should be carried out to ensure that the accounts are in standard category with other Banks/FIs and their dealings are satisfactory.
MCB shall have full powers to consider any deviation subject to compliance with RBIs prudential exposure norms. _____________
Annexure 14 (Deleted)
Annexure 15 (Deleted)
Central Bank of India ________________________________________________________________ Loan Policy 129 Annexure-16 Methodology for assessment of Working Capital Limits
Turnover Method
Working capital requirements of the borrower under the Turnover method is computed on the basis of Projected Annual Turnover (PAT) / Output Value i.e. Gross Sales inclusive of excise duty. The total working capital funds requirements of the borrower is estimated at 25 percent of the projected turnover, of which at least four-fifth should be provided by bank and the balance one-fifth should be by way of promoters contribution. While assessing the requirements of working capital under turnover method the following may be kept in view:
a) The projected annual turnover should be realistic and achievable. The reasonableness of PAT may be satisfied on the basis of annual statements of accounts or any other documents such as returns filed with Sales Tax / revenue authorities, orders on hand, industry growth, recent trend in sales etc.
b) The assessment of working capital credit limits should be done both as per projected turnover basis and traditional method. If the credit requirement based on production / processing cycle is higher than the one assessed on projected turnover basis, the same may be sanctioned. On the other hand if the assessed credit requirement is lower than the one assessed on projected turnover basis, while the credit limit can be sanctioned at 20% of the projected turnover, actual drawals may be allowed on the basis of drawing power to be determined by the bank excluding unpaid stocks. In the case of commodities covered under Selective Credit Control Directives of Reserve Bank of India, the drawing power should be determined as indicated in the RBI directive.
c) The working capital requirements to be assessed at 25% of the projected turnover is to be shared between the borrower and the bank viz. borrower contributing 5% of the turnover as NWC and bank providing finance at a minimum of 20% of the turnover. The above guidelines were framed assuming an average production / processing cycle of 3 months (i.e. Working capital would be turned over four times in a year). It is possible that certain industries may have a production cycle shorter / longer than 3 months. While in the case of a shorter cycle, the same principles could be applied as it is the intention to make available at least 20% of turnover by way of bank finance, in case the cycle is longer, it is expected that the borrower should bring in proportionately higher stake in relation to his requirement of bank finance. Going by the above principles, at least 1/5 th of the Working Capital requirements should be brought in by way of NWC.
d) Since the bank finance is only intended to support need-based requirement of a borrower if the available NWC is more than 5% of the turnover, the former should be reckoned for assessing the extent of bank finance.
e) In arriving at drawing power, unpaid stocks are not to be financed as it would result in double financing. The drawing power should conform to margin stipulations of Reserve Bank of India issued from time to time in the case of Selective Credit Control commodities. Central Bank of India ________________________________________________________________ Loan Policy 130 f) In the case of traders, while bank finance could be assessed at 20% of the projected turnover, the actual drawals should be allowed on the basis of drawing power to be determined after ensuring that unpaid stocks are excluded. In the case of Selective Credit Control commodities, the RBI directives should be strictly followed.
g) The norms for inventory and receivables as prescribed under Tandon Committee as also first or second method of lending would not be applicable.
h) The level of trade credit should be in tune with past practice. Where projected trade credit is lower than the past level, the same may be accepted provided the justification offered is convincing.
Traditional Method: (Modified MPBF System)
I) Traders (Stockists)
a) The credit requirements will be assessed on the basis of past indicators and future projections.
b) The current ratio should be minimum 1.33 with deviation upto 1.20 permitted during peak trading periods.
c) Subordinated debt / quasi-capital with usual declaration may be treated as part of capital employed.
d) In Trading account normally there will not be any long terms debts and therefore, TOL: TNW ratio to be considered. TOL: TNW ratio up to 4:1 shall be accepted. However, in deserving cases relaxation up to 6:1 may be permitted by Zonal Managers/Regional Managers in the rank of DGM and above.
II) Modified MPBF System
The Tandon Committee Norms on holding levels of inventory and receivables have been dispensed with. Holding levels as per the past practice will continue to be basis under the modified system. While the projections should reasonably conform to the past trends, deviations can be accepted subject to satisfactory justification.
Diversion of Funds
In case of borrowers with a current ratio above 1.50, the bank may permit investments that will facilitate improved profitability, tax savings, growth etc. provided such investments are planned and projected in financial statements furnished to the bank subject to the condition that the current ratio does not fall below 1.33. Where the current ratio falls below 1.33, suitable penalties for diversion of funds should be levied.
Central Bank of India ________________________________________________________________ Loan Policy 131 Cash Budget Method
The borrower is required to submit the cash budget to the bank along with actual as well as projected financial statements. The budget in the prescribed format is to be prepared for a period of one year and then split into forecasts for shorter periods say monthly or quarterly. The budget will provide the following information:
i) The peak level of bank finance required during the course of the year.
ii) The current level of bank finance required as forecasted by the split budge (on monthly/ quarterly) basis.
Appraisal
The budget must be scrutinized vis--vis the financial statements to satisfy that the forecasts are reasonable. Once the forecasts are found acceptable, the credit limit required by the borrower is to be determined as the peak level of cash deficit as shown in the budget. The sanctioning of the limit will be subject to the observance of the following:
a. Maintenance of Current Ratiodesired level is 1.33
b. The Debt: Equity Ratio (TOL: TNW) normally not to exceed 2:1
c. Borrower / Group exposure to be within norms determined by the Bank internally, but within the Reserve of India parameters;
d. The appraisal will also include assessment of the Company profile and Industry Profile;
e. There has to be an evaluation of risks at the time of fixing lending limits and if felt expedient, the level of operations and cash budget projections will be pruned down by the bank at the time of discussions before finalizing credit limits.
f. The disbursal of credit facilities will be by way of Loan and Cash Credit components as per stipulation of Loan Delivery System. Flexibility will be allowed in fixing maturity periods of the loans which can correspond to the quarterly budgets if the borrowers so choose. Once the maturity period is fixed, prepayment of the loan component if required shall be subject to RBI guidelines and also payment of a penalty upto 2% of the repaid loan amount for the unexpired period, as may be decided by sanctioning authority at his discretion.
g. Credit facilities on preferential terms like export credit should be assessed and disbursed in terms of existing procedure. However, the total of such facilities and all other fund based facilities availed should be within the limits under the Cash Budget.
h. For issuance of Letters of Comfort for availing Buyers Credit, amendments under Point No.14.3.8 are to be complied with.
Central Bank of India ________________________________________________________________ Loan Policy 132 Annexure -17 (Deleted)
Annexure - 18
A) Issuing Guarantees favouring other Banks/FIs and other Lending Agencies. B) Lending against Guarantees of other Banks/FIs and other Lending Agencies.
A. Issuing of Guarantees favouring other Banks / FIs and Other Lending Agencies:
1. Prudential Limits 1.1. Prudential limits for Guarantees in favour of other Banks/FIs and other Lending Agencies, on behalf of the borrower are to be linked to Tier-I Capital of the Bank.
1.2. Exposure limit per borrower for issue of guarantee favouring other Banks/FIs/Other Lending Agencies shall be 10% of Tier I capital of the Bank.
1.3. The aggregate exposure for such guarantees shall not exceed 50% of Tier I capital of the Bank.
2. Conditions to Consider 2.1. The guarantee shall be issued only on behalf of the existing borrowers who wish to avail additional credit facilities from other Banks/FIs and Other Lending Agency.
2.2. The Bank shall assume a funded exposure of at least 10 % of exposure guaranteed.
3. Nature & Extent of Security & Margins The security, margins & any other conditions shall be considered on case to case basis.
4. Delegation of Powers Power to sanction issue of Guarantees in favour of Banks/FIs/Other Lending Agency vests with Management Committee of the Board.
5. Reporting and Monitoring 5.1. Credit Monitoring Department, Central Office will keep record of the sanctions and monitor the exposure limits.
5.2. Report on Guarantees issued to Banks/FIS/Other Lending Agencies shall be placed to Management Committee of the Board every half year.
6. Review: Guarantee issued to Other Bank/FI/Other Lending Agencies on behalf of the borrower shall be subjected to Annual Review by the Sanctioning Authority.
7. Other Conditions
7.1. Bank shall carry out normal appraisal as if the entire facility is being allowed by the bank 7.2. Bank shall not extend guarantees or letters of comfort in favour of overseas lenders including those assignable to overseas lenders, except for the relaxations permitted under FEMA.
Central Bank of India ________________________________________________________________ Loan Policy 133 8. Assignment of Risk Weight
The guarantee issued by the bank would be an exposure on the borrowing entity on whose behalf the guarantee has been issued and would attract appropriate risk weight as per the extant guidelines.
9. Risk Management 9.1 As recommended by the Ghosh Committee the following steps would be taken before issue of guarantees:
- Bank Guarantees would be issued in a serially numbered security forms. - Guarantees would be issued under two signatures in triplicate, one copy each would be held by the Branch, Controlling Office and the Beneficiary.
B. Lending Against Guarantees of other Banks / FIs / Other Lending Agencies 1. The exposure by way of credit facility against the guarantee of other Banks / FIs/Other Lending Agencies would be deemed as an exposure on the guaranteeing Bank / FI/Other Lending Agencies.
2. Prudential Limits
2.1. The exposure on Banks assumed by way of credit facilities extended against the guarantees issued shall be reckoned within the inter bank exposure limits prescribed by the Board. A limit within overall limits shall be fixed for extending credit limits against the LGs issued by banks /FIs/Other Lending Agencies. 2.2. The exposure limit per Bank/FIs/Other Lending Agency assumed by way of credit facility extended against guarantees shall not exceed 10% of the Tier-I Capital of the Bank.
3. Power to sanction advance against guarantees of other Banks/FIs/Other Lending Agencies shall be vested with the Management Committee of the Board.
4. Reporting & Monitoring 4.1. Credit Monitoring Department, Central Office shall keep record of sanction and monitor the exposure limits. 4.2. Report on lending against guarantees of other Banks/FIs/Other Lending Agencies shall be placed to Management Committee of the Board every half year.
5. Review: The credit limits sanctioned against Guarantees extended by other Banks / FIs and Other Lending Agencies would be reviewed by the sanctioning authority annually.
6. Risk Weight: The exposure assumed by the bank against the guarantee of another bank / FI/ Other Lending Agencies would be deemed as an exposure on the guaranteeing bank / FI / Other Lending Agencies and would attract appropriate risk weight as per the existing guidelines.
7. Risk Management Before sanctioning any limit against such guarantee, bank shall carry our normal appraisal as if facility is being granted without other banks guarantee and obtain confirmation of the Controlling Office of the Issuing Bank/FIs/Other Lending Agency. _______________
Central Bank of India ________________________________________________________________ Loan Policy 134 Annexure - 19
Financing Joint Ventures and Wholly Owned Subsidiaries abroad.
1. INTRODUCTION
RBI, vide their letter DBOD.IBD.BC.No.41/23.37.001/2006-07 dated 06.11.2006, has informed that, in order to facilitate expansion of Indian Corporate business abroad, prudential limit on credit and non-credit facilities extended by Indian Banks to Joint Ventures (JVs)/ Wholly Owned Subsidiaries (WOS) abroad has been raised from 10% to 20% of un-impaired capital funds (Tier I and tier II) of the Bank.
Keeping in view the RBI guidelines, following policy guidelines are proposed to meet the credit requirements of Corporates for setting up Joint Ventures/Wholly Owned Subsidiaries or acquiring units abroad or making investment in JVs/WOS.
2. Purpose of loan
a) Acquisition of existing overseas company b) Acquisition of Assets of overseas company c) Financing equity investment by the Indian company in JV/WOS or in other overseas companies (New or existing), as strategic investment. d) Additional equity investment. e) Any other purposes as permitted in terms of GOI / RBI Policy.
3. Eligibility
a) Registered Indian Companies in existence for the past 5 years. b) They should have posted profit consecutively for past three years. c) Net worth should be positive. d) Account should not be NPA or restructured/rescheduled with any other Bank/FI. e) Should confirm to the GOI / RBI guidelines for Automatic / Special approval route. Central Bank of India ________________________________________________________________ Loan Policy 135
4. General Conditions
a) Investment by the Indian company should comply with the guidelines issued by RBI as well as by the foreign country where the investment is proposed to be made.
b) The foreign concern in which the direct investment is proposed to be made may be engaged in industrial, commercial, trading or service activity including hotel or tourism industry. Loans for investment in foreign concerns engaged in financial services are not to be considered.
c) Parent company and its directors should not be on the Reserve Banks Exporter Caution List/List of defaulters to the banking system published /circulated by the Credit Information Bureau of India Ltd., (CIBIL/RBI or under investigation by the enforcement Directorate or any investigative agency or regulatory authority).
d) Country, where JV/WOS/Step Down Subsidiaries of Indian Subsidiaries is located, should not have restrictions applicable to those companies in regard to obtaining foreign currency loans or for repatriation of funds etc and should permit non resident banks to have legal charge on securities/asset abroad and the right of disposal in case of need.
e) RBI approval for investment in JV/WOS abroad, wherever required, is obtained.
f) Legal and other formalities in the foreign country should be complied with and the regulatory authority in Foreign Country should permit activity of JV/WOS.
g) The proposed finance should comply with the statutory requirement under Section 19(2) of the Banking Regulation Act, 1949.
h) Compliance with Section 25 of the Banking Regulation Act, 1949 in respect of holding of aggregate assets outside India which should not exceed 25% of the Banks Demand and Time liabilities in India.
i) All existing safeguards / prudential guidelines relating to capital adequacy norms applicable to domestic credit / non-fund based exposures should be adhered to.
j) All existing safeguards / prudential guidelines relating to prudential exposure norms Capital Market Exposure norms of RBI should be complied with.
5. Financing for Acquisition of Assets or Equity in Overseas Companies
Bank may extend financial assistance to Indian companies for acquisition of assets or equity in overseas joint ventures / wholly owned subsidiaries or in other overseas companies, new or existing, as strategic investment.
Bank may also consider issuance of Standby Letter of Credit / Issuance of Financial Guarantee in favour of other Banks who have financed Acquisition Central Bank of India ________________________________________________________________ Loan Policy 136 of Assets or for investment in Overseas Companies by Indian Company or an SPV established by an Indian Company.
Banks exposure to a company against Guarantee of other Bank/FI/Other Lending Agencies, shall not exceed 10% of the Tier I Capital of the Bank.
Such finance, if considered under the scheme of Export Import Bank of India (EXIM Bank) and the loan is duly approved by EXIM Bank, it shall not form part of Capital Market Exposure.
6. Facility: (Fund Based as well as Non Fund Based)
a. Term Loans with tenor as permissible under RBI guidelines. b. Project Loans c. Letters of Credit / Standby Letter of Credit d. Letters of Guarantee e. Buyers Credit / Acceptance Finance / Issue of Comfort Letter f. Mezzanine Finance g. Foreign Currency Loans (subject to availability of FC funds) h. Loans against Equity Capital (Subject to compliance of Capital Market Exposure). 7. Rate of Interest / Commission
a. Interest rate will be charged at floating rate of 6 months LIBOR + 3% (minimum) with reset option every six months. b. For Rupee loans as applicable as rating of the borrower. c. Interest to be serviced on monthly basis. d. Applicable arrangement fee, Conversion, Remittance and other charges shall be recovered separately. e. Interest should be funded either out of foreign exchange earning or by purchase from local resources. f. In case of Non funded facilities like L/C, Letter of Comfort and Letter of Guarantee, commission and charges will be recovered up front at applicable rates. 8. Security
PRIMARY: - Assets of the borrowing company or the assets of the company acquired.
COLLATERAL: - Shares of the borrowing company or the company being acquired may also be accepted as collateral security. - Escrow account of the Receivables of the company as additional comfort.
However, it should be ensured that the security charged to the bank is easily marketable and identifiable.
In case overseas assets are accepted as securities, arrangement to be made to appoint a Security Trustee having powers to enforce the security in case of need.
Central Bank of India ________________________________________________________________ Loan Policy 137
9. Exchange Risk and Interest Rate Risk
a. Borrower should adequately hedge the foreign exchange exposure. b. Minimum margin of 25% shall be stipulated to take care of risk on exposure taken by the Bank. c. Risk arising out of Interest Rate fluctuation i.e., changes in LIBOR shall be mitigated by stipulating reset clause of 6 months.
10. Prepayment charges
Prepayment charges @ 1% of the amount being prepaid shall be levied.
11. Sanctioning Authority
Proposals under above facility shall be considered at Central Office by Executive Director and above within their respective delegated lending powers.
12. Quantum of Finance
Bank can hold foreign currency assets to the extent 25% of total assets under Sec. 25 of B.R. Act. Keeping in view the total assets held by the bank from time to time a view will be taken on quantum of finance to be extended under the scheme. However, keeping in view the total assets of Rs.211,033 Cr. as on 31.12.2011, we can hold foreign currency assets to the extent of Rs.52,758 Cr.
Therefore, a maximum limit of Rs.250 Cr. per borrower is fixed.
______________
Central Bank of India ________________________________________________________________ Loan Policy 138 Annexure 20 Guidelines on Foreign Currency Loans
In terms of AD (MA series) circular No.22 dated 31.10.1996, RBI has permitted Banks to provide foreign currency denominated loans to their customers under which the foreign exchange risk is borne by the borrowers for meeting either their foreign currency or rupee requirements, provided the loan are not for consumer durables or personal loans and are from resource base consisting of funds of FCNR (B) Scheme and Inter bank Foreign currency Deposits (IBFCD) Scheme.
It should be the endeavour of all delegatees that as far as possible the FCNR (B) loan is extended to our Exporter borrowers, so that the available funds under FCNR (B) can be utilized rationally to boost our export portfolio. Conversion of Rupee term loan into FCNR (B) loan should be discouraged.
1. Purpose Corporates are allowed to obtain foreign currency denominated loans in India for the following purposes.
a. For meeting working capital requirements in India b. By way of pre-shipment advances/post shipment advances to the exporters. c. Import of raw materials d. Import of Capital Goods e. Purchase of indigenous machinery f. Repayment of existing Rupee Term Loan g. Repayment of existing ECBs with the permission of RBI/Govt. of India
2. General Conditions a. Credit Risk Rating of the borrower should be CBI-6 and above. b. The borrowers should have natural hedge to cover themselves from exchange risk, which they have to bear. c. The borrowers who do not have natural hedge are required to take forward cover to avoid exchange risk. d. Funds availability under FCNR (B) Scheme for deployment should be ensured.
3. Guidelines for the different purposes of the loans are as under: a. For meeting working Capital Requirements.
i. The loans can be granted after proper assessment and sanction of Working Capital/Maximum Permissible Bank Finance (MPBF) ii. The loan can be disbursed up to the maximum level of MPBF. iii. Foreign Currency loan can be disbursed in any currency depending upon availability. iv. Foreign Currency loan for working capital will be considered for 6 months, Roll over may be considered on satisfactory performance and pool of funds under FCNR (B). v. Bank will retain the right to recall the entire loan along with interest accrued thereon, if during the currency of loan, the outstanding in working capital loan including foreign currency loan is not covered by the available drawing power as calculated in terms of the credit sanction. Central Bank of India ________________________________________________________________ Loan Policy 139 vi. The Bank will also have the right to convert the foreign currency loan along with interest accrued thereon into rupee loan and the foreign currency amount will have to be repaid to the bank by purchase of foreign currency from the market and crystallizing the borrowers liability in rupees. Interest on such rupee liability will be at the relevant rates for rupee credit at monthly rests.
b. Import of Raw Material The importers can take benefit of foreign currency loans for import of raw materials in lieu of rupee MPBF sanctioned to them. The rupee equivalent of foreign currency loan amount is to be earmarked in the overall sanctioned MPBF limit. The loan can also be repaid in foreign currency.
c. Import of Capital Goods The importers of capital goods can avail the foreign currency loan for a period not exceeding 3 years including moratorium period. The import of capital goods should be arranged on 180 days usance basis.
d. Purchase of Indigenous Machinery The corporates can raise the foreign currency loans for their capital expenditure/project expansion plans etc. for the purchase of indigenous machinery.
e. Repayment of existing Term Loan Foreign currency loans can be utilized for the repayment of existing rupee term loan provided the duration of foreign currency loan does not exceed the portion of the existing rupee loan which has not yet expired or 3 years which ever is less.
f. Repayment of ECBs. The repayment of ECBs requires permission from Govt. of India / RBI as per the applicable guidelines. Corporates can raise foreign currency loans after obtaining requisite permission from RBI/Govt. of India and completing other formalities.
4. Terms & Conditions a. Minimum Size of Loan Minimum Size of Loan should be US $ 2,50,000/- and in multiples of US $ 50,000 thereafter.
b. Commitment Fees A commitment fee of 1% will be charged at the commencement of second month and third month respectively, if the loan is not drawn by the end of the first month and second month respectively. No commitment fee will however be payable if the loan is availed within one month of sanction. The commitment fees will be calculated in US $ and recovered in Indian Rupees at the TT selling rate.
c. Out of pocket expenses To be levied as per Circular issued by International Division from time to time. Central Bank of India ________________________________________________________________ Loan Policy 140 d. Prepayment Prepayment may be allowed at the discretion of the Bank on payment of penalty and subject Banks right to cancel all the credit facilities made available. If the bank permits prepayment, interest will be charged at the contracted rate up to the date of prepayment. For the left over period of loan, penalty will be charged at the rate arrived at by deducting the prevailing overnight investment interest rate from the contracted rate of interest.
e. Interest Rate i. Foreign Currency loan for 6 months Interest will be charged at 6 months LIBOR for US $ with minimum spread of 2.00%. ii. Foreign Currency loan above 6 month but less than 12 months Interest will be charged at 6 months LIBOR + applicable spread. iii. For Foreign Currency loans with tenor of 1 year, ROI will be charged at 1 Year LIBOR + Spread iv. In exceptional cases, spread over LIBOR may be negotiated at lower level at the discretion of Chairman & Managing Director/Executive Director.
f. Sanctioning Authority Sanctioning of FCNR (B) loans within the MPBF does not involve any sanction beyond the working capital limits sanctioned to borrower. For Foreign Currency loans practice prevailing presently is that loans sanctioned by the competent authority including those falling under the powers of MC may be allowed by a Committee consisting of General Manager-Credit, General Manager-International Division and General Manager- Treasury. Taking a view on funds availability, alternative opportunities for deployment of fund at remunerative rate. The same practice may continue.
g. Rollover of Foreign Currency Loans i. If the Foreign Currency loan is rolled over the rupee equivalent should be computed on the roll over date at the applicable notional rate and it should be ensured that the foreign currency loan is within the sanctioned limit. ii. Foreign Currency Loan should always be covered by adequate drawing power in the company.
h. Procedure i. To avail foreign currency denominated loan by earmarking working capital facilities, the borrower can approach the concerned branch where they are enjoying credit facilities. ii. The branch to arrange for sanction of the term loan from the competent authority of the bank. iii. For all other purposes, the foreign currency loans can be granted after proper assessment of requirement of the borrower and the sanction of the same by Bank. The borrowers required to provide all the information needed by Bank for sanction of credit facilities.
_____________ Central Bank of India ________________________________________________________________ Loan Policy 141 ANNEXURE - 21 Policy guidelines on Off- Balance Sheet Exposure 1. Bank Guarantees and Letters of Credit 1.1. Introduction An important criterion for judging the soundness of the bank is the size and character, not only of assets portfolio but also, of its contingent liability commitments such as guarantees & letters of credit. Banks total credit portfolio is classified into two broad categories viz. Fund Based and Non Fund-Based. While Fund Based Advances constitute the On-Balance Sheet items, the Non-Fund Based Advances comprise of the Off-Balance Sheet exposure. The liability of the bank in relation to the Fund-Based advances is specific and determined but that of Non Fund-Based advances is totally futuristic and crystallization of the same or otherwise will take place at a later date. Hence the appropriate policy to contain the risk component associated with non-fund based advances within the risk appetite of the bank is required. Greater competition, marketing innovations, and government deregulation have changed the focus of attention from credit risk under off-balance sheet items. Therefore, in addition to assessment of the risk in on-balance-sheet instruments, there is a need to assess the risk of off-balance-sheet activities. It is essential that a system of controls be put in place to mitigate off-balance-sheet risk. Non-fund based facility shall be extended to constituents after taking adequate care in the form of Credit Investigation and following K Y C norms. The underlying nature of transaction must be fully understood and evaluated as part of approval process. The bank shall extend NFB facilities in respect of genuine trade transactions. Detailed assessment will be made by obtaining application, Balance Sheet, business plan etc. The guidelines cover the following types of Non Fund-Based Facilities: Bank Guarantees (BGs) Letter of Credits (LCs) The guidelines are meant to cover the macro and micro issues at the broad policy level. It does not cover in itself all the instructions and guidelines related to off-balance-sheet lending and have to be read in consonance with other Operational Instructions, Manuals, Circulars issued / amended by the bank from time to time. 1.2. Objectives Bank will extend non-fund based credit facilities with a view to augment non-interest income. The major objectives of the policy would precisely be as follows: Central Bank of India ________________________________________________________________ Loan Policy 142 To provide need-based and timely non-fund based facilities to various borrowers. To strengthen the credit delivery system of non-fund based facilities addressing holistic requirements of the constituents. 2. Credit Risk in Off-balance sheet Exposures 2.1. Risk Identification and Assessment of Limits Credit Risk in non-fund based business need to be assessed in a manner similar to the assessment of fund based business since it has the potential to become a funded liability in case the customer is not able to meet its commitments. 2.2. Risk Monitoring, Control and Mitigation For containing credit risk on account of off balance sheet exposures, a variety of measures indicated below may be adopted: 1. It must be ensured that the security, which is available for funded facilities, also covers non fund based limits. It will also be appropriate to extend the charge over the fixed assets as well, especially in the case of long-tenure facilities. 2. In the case of guarantees covering contracts, it must be evaluated and ensured that the clients have the requisite technical skills and experience to execute the contracts. The value of the contracts must be determined on a case-to-case basis, and separate limits should be set up for each contract. The progress vis--vis physical and financial indicators should be monitored regularly, and any slippages should be highlighted in the credit review. 3. The strategy to sanction non-funded facilities with a view to increasing earnings should be properly balanced considering the risk involved and is to be extended only after a thorough assessment of credit risk is undertaken. In other words risk return trade-off needs to be assessed properly. 3. Bank Guarantee Bank guarantee is a guarantee given by the bank to a third person, to pay him a certain sum on behalf of its customer, on the customer failing to fulfill any contractual or legal obligations towards the third person. 3.1. Types of Guarantees Bank Guarantees can be classified by the nature of the underlying contract entered into by the customer. There are various types of guarantees the important ones which are normally required to be issued are as follows: - 1. Financial Guarantee 2. Performance Guarantee 3. Deferred Payment Guarantee Central Bank of India ________________________________________________________________ Loan Policy 143 3.2 Guidelines on issuing guarantees 3.2.1. Precautions to be taken: Bank shall observe following precautions while issuing guarantees on behalf of the customers. i. As a rule, bank shall avoid giving unsecured guarantees in large amounts and for long-terms and shall avoid undue concentration of such unsecured guarantee commitments to particular groups of customers and/or traders. ii Unsecured guarantees on account of any individual constituent shall be limited to a reasonable proportion of the banks total unsecured guarantees. Guarantees on behalf of an individual shall also bear a reasonable proportion to the constituents equity/worth. iii In exceptional cases, banks may give deferred payment guarantees on an unsecured basis for modest amounts to high net worth customers with sound financials who have entered into deferred payment arrangements in consonance with Government Policy/ RBI Guidelines. iv Guarantees executed on behalf of any individual constituent or a group of constituents, shall be subject to the prescribed exposure norms. It is essential to realise that guarantees contain inherent risks and that it would not be in the banks interest or in the public interest, generally, to encourage parties to over- extend their commitments and embark upon enterprises solely relying on the easy availability of guarantee facilities. 3.2.2 Other precautions to be taken while issuing & averting frauds While issuing guarantees on behalf of customers, the following safeguards shall be observed: (i) At the time of issuing financial guarantees, it should be satisfied that the customer would be in a position to reimburse the bank in case the bank is required to make payment under the guarantee. (ii) In the case of performance guarantee, bank shall exercise due caution and have sufficient experience with the customer to satisfy that the customer has the necessary experience, capacity and means to perform the obligations under the contract, and is not likely to commit any default. (iii) Bank shall, normally, refrain from issuing guarantees on behalf of customers who do not enjoy regular credit facilities. In 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. Central Bank of India ________________________________________________________________ Loan Policy 144 (iv) In case of Bid Bond Guarantees, Bank shall ascertain the borrowers ability to execute the Contract, if awarded, as it will entail requirement of Performance Guarantee. (v) The purpose of Bank Guarantee should be incidental to the business of the constituent. (vi) While extending guarantee against export advances, it is to be ensured that there is no violation of FEMA Regulations and bank is not exposed to various risks. It will be important to carry out due diligence and verify the track record of exporters to assess their ability to execute export orders. (vii) Guarantees to be issued in favour of overseas buyers should be only on account of bonafide export from India, observing laid down norms. (viii) Guarantees should not be issued in respect of caution-listed exporters without prior approval of ECGC / Reserve Bank of India (ix) Guarantees with Assignment clause are not to be issued at all. (x) No guarantee should be issued containing, in any form, auto renewal clause as it would tantamount to issuing guarantee for indefinite period. (xi) All the Guarantees shall be issued under dual signatures. In case of Guarantees up to Rs.50,000/- at least one signatory should be a Power of Attorney holder and Guarantees of Rs.50,000/- and above should be issued under two signatures, by duly authorized officers holding Power of Attorney. (xii) In order to facilitate verification of genuineness of guarantees by the beneficiaries, in case of need, details such as name, designation, Index numbers, issuing branch name etc, should be incorporated under the signature(s) of official signing the bank guarantee. 3.3 Guarantees on Behalf of Share and Stock Brokers/ Commodity Brokers Bank may issue guarantees on behalf of share and stockbrokers in favour of stock exchanges in lieu of security deposit to the extent it is acceptable in the form of bank guarantee as laid down by stock exchanges. Bank may also issue guarantees in lieu of margin requirements as per stock exchange regulations. A minimum margin of 50 percent shall be stipulated while issuing such guarantees. A minimum cash margin of 25 per cent (within the above margin of 50 per cent) shall be maintained in respect of such guarantees. The above minimum margin of 50 percent and minimum cash margin requirement of 25 percent (within the margin of 50 percent) will also apply to guarantees issued on behalf of commodity brokers in favour of the national level commodity exchanges, viz., National Commodity & Derivatives Exchange (NCDEX), Multi Commodity Exchange of India Limited (MCX) and National Multi-Commodity Exchange of India Limited (NMCEIL), in lieu of margin requirements as per the commodity exchange regulations. Bank shall assess the requirement of each applicant borrower and observe usual and necessary safeguards including the exposure ceilings. Central Bank of India ________________________________________________________________ Loan Policy 145 3.4. Ghosh Committee Recommendations i. In order to prevent unaccounted issue of guarantee, as well as fake guarantees, bank guarantees be issued serially numbered. ii. Bank may while forwarding guarantees caution the beneficiaries that they should, in their own interest, verify the genuineness of the guarantee with the issuing Bank/Branch. 3.5. Extension / Renewal / Amendment of Bank Guarantee If a request is received from the applicant (Banks client) only for extension in the period of guarantee already issued such requests may be entertained, subject to satisfactory conduct of the account and provided there is no change in the amount and other terms and conditions of the guarantee. The delegated authority, who have sanctioned guarantee limit to the borrower, may allow renewal/extension or modification of existing guarantee within his delegated powers subject to compliance of other guidelines on issuance of such guarantee. However, in case of NPA / SF accounts such request shall be referred to next higher authority. 3.6. Deferred Payment Guarantee (DPG) As for Deferred Payment Guarantees in lieu of Term Loans, the limits are to be considered subject to viability, Debt Equity Ratio, Debt Service Coverage Ratio etc, as in the case of assessment of term loans and evaluation of cash flows over the period of guarantee. Further, adequate cash margins shall be insisted for such facilities. 3.7. Payment of invoked guarantees a) Bank guarantee is an undertaking given by the bank to a third person called the beneficiary, to pay him a certain sum on behalf of its customer. When the beneficiary invokes the guarantee and a letter invoking the same is sent in terms of the bank guarantee, it is obligatory on the bank to make payment to the beneficiary. b) Delays on the part of bank in honouring the guarantees when invoked tend to erode the value of the bank guarantees, the sanctity of the scheme of guarantees. It also provides an opportunity to the parties to take recourse to courts and obtain injunction orders. In the case of guarantees in favour of Government departments, this not only delays the revenue collection efforts but also give an erroneous impression that bank is working actively in collusion with the parties, which tarnishes the image of the bank. c) In the interest of smooth working of the Bank Guarantee Scheme, it is essential to ensure that there is no discontentment on the part of the beneficiaries more particularly Government departments regarding its working. It should be ensured that the guarantees issued are honoured without delay and hesitation when they are invoked by the beneficiary/Government departments in Central Bank of India ________________________________________________________________ Loan Policy 146 accordance with the terms and conditions of the guarantee deed, unless there is a Court order restraining payment thereon. d) Whenever guarantees are invoked, payment should be made to the beneficiaries without delay or demur on the pretext that legal advice or approval from higher authorities is being obtained. e) Where guarantees have been issued in favour of Customs and Central Excise authorities to cover differential duty amounts in connection with interim orders issued by High Courts, the guarantee amount shall be released immediately when they are invoked on vacation of the stay orders by Courts. Bank shall not hold back the amount under any pretext. f) There are instances where Ministry of Finance has made complaints that some of the departments such as Department of Revenue, Government of India are finding it difficult to execute judgments delivered by various Courts in their favour as banks do not honour their guarantees, unless certified copies of the Court judgments are made available to them. In this regard, the bank shall follow the following procedure: i. Where the bank is a party to the proceedings initiated by Government for enforcement of the bank guarantee and the case is decided in favour of the Government by the Court, bank shall not insist on production of certified copy of the judgment, as the judgment / order is pronounced in open Court in presence of the parties/ their counsels and the judgment is known to the bank.
ii. In case the bank is not a party to the proceedings, a signed copy of the minutes of the order certified by the Registrar/ Deputy or Assistant Registrar of the High Court or the ordinary copy of the judgment / order of the High Court, duly attested to be true copy by Government Counsel, should be sufficient for honouring the obligation under guarantee, unless the bank decides to file any appeal against the order of the High Court.
iii. Bank shall honour the guarantees issued as and when they are invoked in accordance with the terms and conditions of the guarantee deeds. In case of any disputes, such honouring can be done under protest, if necessary, and the matters of dispute pursued separately. g) As far as possible invoked guarantee shall be honored within 48 hours of invocation subject to satisfying that the invocation is strictly in conformity with the terms of guarantee and there is no apparent or valid reason for withholding the payment. h) Any decision not to honour the obligation under the guarantee invoked may be taken after careful consideration, and only in the circumstances where the bank is satisfied that any such payment to the beneficiary would not be deemed a rightful payment in accordance with the terms and conditions of the guarantee under the Central Bank of India ________________________________________________________________ Loan Policy 147 Indian Contract Act. Under such circumstances, the branch shall furnish full facts of the case to RO/ZO/Central Office immediately i.e., on the very day with proper justification. i) Immediately on receipt of such information the authority concerned shall undertake careful study of the facts and if it is not satisfied with the decision taken by the lower authority in withholding the payment, convey its views/decision to the branch concerned in the matter, so as to avoid any complaint from the beneficiary. j) In case of any non-payment of guarantee on invocation, in time without proper and justifiable reason or consent of higher authorities, staff accountability shall be fixed and the delinquent official shall be liable for stern disciplinary action. 4. Letter of Credit A letter of credit (LC) is a written and 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. 4.1 Types of Letter of Credit Letter of credits are classified into various categories depending upon the nature and the functions of the credit. Some of these types are as under:- i. Revocable Letter of credit ii. Irrevocable letter of credit iii. Confirmed and unconfirmed letter of credit iv. Transferable credit v. Revolving credit vi. Back to back credit vii. Stand-by letter of credit. 4.1.a . Bank can consider Automatic Revolving L/C facility with reinstatement clause to borrowers subject to: 1. The borrower should have a minimum credit rating of CBI-4 (B+) 2. The borrowers should have satisfactory track record. 3. There should not be any outstanding in respect of devolvement of LC in the account. 4. Requirement should be properly assessed and a maximum outstanding under such facility at any point of time to be fixed. 5. Reinstatement shall be allowed if it is within overall limit fixed. 6. Facility to be monitored properly. 7. Delegatees in the rank of Dy. General Manager and above are empowered to consider such facility within their respective delegated lending powers. Bank normally deals in Inland & Foreign Letters of Credit covering domestic purchase, Import / Export business of its constituents. Central Bank of India ________________________________________________________________ Loan Policy 148 4.2 Guidelines on assessment of LC facility Letters of Credit limits are sanctioned as part of working capital package, so that the availability of funds at the time of retirement of bills drawn under LC be ensured, which is possible only if the working capital requirements and the liquidity position of the customer have been properly assessed, and arrangements are made there against. It needs to be ensured that no double finance is made on the stocks received under the Letters of Credit (DA). Letters of credit facility shall be allowed for payment of utility bills like power bills, fuel expenses also as part of working capital finance. Letter of credit facility may also be allowed for procurement of capital goods, in which case the requirement must be considered after ascertaining the source of finance / proper tie-up for term loan. Margin requirement for such LCs will be the same as applicable to Term Loan. No Letter of Credit facility shall be extended to the parties who are not banks regular constituents. No bills drawn under Letter of Credit shall be discounted for beneficiaries who are not regular customers of the bank. In case of import LCs for import of goods, branches should be very vigilant while making payment to the overseas suppliers on the basis of shipping documents. Payments shall be released only after ensuring and satisfying that the documents are strictly in conformity with the terms of LC. LC transactions should be properly recorded in the books at branch level. Bank will not open / negotiate LCs bearing without recourse clause. 4.2.1 Import (foreign) Letter of credit The Opening of Import L/C involves compliance of: a. Trade control requirement b. Exchange control requirement c. Credit norms prescribed by RBI d. FEDAI and UCP ICC 600 guidelines e. Internal procedures 4.2.2 Trade control requirements 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. The applicant must possess an Importer Exporter Code Numbers (IEC) allotted by DGFT (unless they belong to an exempted category). If import is covered under license the importer must submit exchange control copy of the same. The opening of letter of credit automatically falls under the purview of exchange control and payment authorized or committed under the letter of credit must be within the scope of exchange control guidelines. Central Bank of India ________________________________________________________________ Loan Policy 149 As per extant guidelines, AD may freely open letter of credit and allow remittances for import of goods permitted under OGL. 4.3 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 the date of shipment requires prior approval from Reserve Bank of India. Issuing guarantees for import remittances require Reserve Banks specific approval. Standby credits for a period less than 3 years can be approved by the Authorised Dealer (AD). AD can open Letter of Credit and allow remittances on behalf of EOUs, and SEZ in the Gem & Jewellery sector and nominated agencies, for direct import of gold, subject to compliance with conditions stipulated by RBI on Import of goods and services. AD may open Standby Letter of Credit (SBLC), for import of gold / other purposes on loan basis, wherever required, as per FEDAI guidelines dated April 1, 2003 or as per directions of RBI issued from time to time. The tenor of the SBLC should be in line with the tenor of the gold loan. 4.3.1 FEDAI and UCP ICC 600 Guidelines Import letter of credit being one of the important areas of Forex operations, fall within the scope of FEDAI guidelines. In 1984, on the eve of introduction of 1983 Revision of UCPDC, FEDAI issued detailed guidelines for the opening of Import letters of Credit by banks in India. Standard formats of credit application and letter of credit to be opened by banks have been circulated for the information and adoption. With a few modifications/additions these guidelines are still in vogue and are to be followed by the authorized branches. 4.3.2 Internal Procedures Under the instructions of Reserve Bank of India, International Division, Central Office is issuing guidelines, covering various forex areas of operation for the guidance of staff working at various levels. Operational instructions issued from time to time in this regard shall be adhered to. 4.4 Inland Letter of Credit The procedure for opening the Inland Letter of Credit is similar to that for opening import letter of credit except that of exchange control and trade control regulations. Central Bank of India ________________________________________________________________ Loan Policy 150 Inland letter of credit transactions are also guided by UCPDC ICC 600 guidelines. Internal Guidelines by way of instructions/circulars are being issued from time to time. General guidelines to be followed while opening of LC i. While opening an L/C, it should be ensured that the applicant would be able to retire the bills under the L/C from its own source without resorting to any adhoc- funded facility. Cash flows to be obtained and analysed properly to satisfy the capability of the constituent to honour commitment under LC. ii. Appropriate cash margins should be stipulated and obtained before opening of LC. iii. Care should be taken to ensure that no finance is allowed against the stocks received under usance LC, which is still outstanding. 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 drawing power. iv. Limits sanctioned under DP basis cannot be converted to DA basis without the permission of sanctioning authority. However, conversion of DA limits to DP LC limits can be considered on case-to-case basis. 4.4.1 Other precautions Interchangeability between guarantees and LCs While interchangeability between guarantee facility and LC facility is permissible subject to approval of sanctioning authority, 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 may be considered on case-to-case basis to cover specific capex programme and not as a regular facility. LC limit sanctioned for acquiring raw material/inventory should not be allowed for acquiring capital assets. Any request/proposal for issuance of Stand-by Letter of Credit shall be referred to Central Office and decision in this regard shall be taken by appropriate authority at Central Office within their respective delegated lending powers. 4.4.2 Procedure to be adopted in case of devolvement of LC a) In case of devolvement the branch should arrange to honour commitment under LC by debiting regular operating account of the party. Central Bank of India ________________________________________________________________ Loan Policy 151 b) In case, if it is not possible to debit the principal operating account for want of sufficient balance or DP, the amount may be debited to a nominal account. c) However, for deciding the status of the account as to whether the account is regular or out of order, aggregate balance outstanding in the principal operating account and amount debited in nominal ledger on account of devolvement should be taken into account. d) Steps should be taken to pursue the borrower to adjust the outstanding under devolved LC immediately. e) As far as possible fresh LCs should not be opened till the devolved amount is fully adjusted. However, in deserving cases fresh LCs can be opened taking into account, the past experience, financial strength, security available etc. f) LC limit to the extent of devolvement to be kept in abeyance till the same is adjusted. g) The account should be closely monitored and documents should be scrutinized to ensure its validity and enforceability. Regular inspection of the unit and securities charged to the bank should be carried out. h) Additional interest at 2% over the ROI applicable to working capital facility to be charged on devolved amount in case of inland bill and @ ECNOS in case of foreign bill. i) Incase of frequent devolvement review of the account should be undertaken immediately and appropriate action deem necessary may be initiated. j) However, in case of genuine difficulties appropriate tagging (cut back) arrangement may also be worked out to adjust the dues under devolved LC. 5. Common Guidelines for Bank Guarantees and Letters of Credit 5.1 Total off Balance Sheet Exposure Limit Bank will restrict its total off balance sheet exposure on account of LCs, guarantees etc. to total of its funded credit exposures as on the last Friday of the previous quarter. In other words Banks total off balance sheet exposure on account of LCs, guarantees etc. shall not exceed its total funded credit exposure on the last Friday of the previous quarter. This exposure will be monitored post-facto periodically. 5.2 Prudential Exposure Limit for Off- Balance Sheet items In the light of RBIs advice on risk management and avoidance of concentration of credit risks, bank has fixed limits on the exposure to 1) single/group borrowers 2) Industry wise 3) Unsecured exposure.
The guidelines as specified in the Loan Policy from time to time are applicable in respect of following: 1. Cap on Exposures to individual borrowers such as Corporate and Non-Corporate entities. 2. Exposure ceilings Industry wise. 3. Exposure ceilings Secured / Unsecured. Central Bank of India ________________________________________________________________ Loan Policy 152 5.3 Issuance of Guarantee/s and Letter of Credit/s against earmarking of limits with other Banks and comfort letters issued by such banks In consortium accounts where the funded and non-funded facilities are apportioned among the various participating banks as per the sharing pattern, the constituents often approach for opening of L/Cs and issuance of guarantees much in excess of sanctioned limits with the Bank. Such requests may be entertained for approved purposes provided the excess portion is earmarked in the other banks sanctioned limit and against receipt of appropriate comfort letter/s from such banks, duly signed by their competent authorities. This will however be subject to prior approval from the appropriate sanctioning authority. 5.4 Margin Based on the value, relationship, financial standing of the borrower and securities available, the cash margin for bank Guarantee and Letter of Credit facilities may be prescribed. 5.4.1 Letter of Credit (DP / DA) i) LC on DP basis: Normally to be sanctioned with a cash margin of 10% and above by respective authorities up to the rank of Zonal Managers within their lending powers. Any proposal with lesser cash margin to be referred to next higher authority. ii) LC on DA basis: Normally to be sanctioned with a cash margin of 25% and above by respective delegatees up to the rank of Zonal Managers within their lending powers. iii) Zonal Managers including DGM CFB Mumbai may consider need based DA-LC limits with a margin of 10% and above and DP-LC limit with NIL margin on merits of the case, provided LCs are opened for reputed / established parties of the bank. Any sanction with lesser margin than 10% in case of DA-LC limits is to be referred to Central Office and the same may be considered by the sanctioning authority at the level of GM and above within their delegated powers.
5.4.2 NFB facilities with 100% Cash Margin: Cash Margin includes amount kept in the Nominal account and / or in the term deposits of the bank under lien. Full powers to all delegatees for sanctioning non-fund based facilities secured by full cash margin subject to compliance of KYC norms, as under: L/Gs with 100% cash margin/ term deposits under lien. L/Cs Inland L/C - 100% Cash Margin/ Term deposit under lien Import L/C -100% Cash Margin/Term Deposit under lien.
Bank may consider issue of L/C facility with less than 100% margin at the time of issue subject to the following; 1. The borrower should have a minimum credit rating of CBI-4 (B+) 2. The borrower should have satisfactory track record. 3. There should not be any outstanding in respect of devolvement of LC in the account. Central Bank of India ________________________________________________________________ Loan Policy 153 4. The margin amount kept under deposit shall be a discounted value which would become equivalent to 100% of the L/C at the time of maturity of the L/C 5. Only ED/CMD are empowered to consider such requests. 5.4.3 Letter of Guarantee fully secured by other securities:- This includes the L/Gs: - a. Partly secured with cash margin and partly secured with other securities such as mortgage on immovable properties / assets and / or first charge on fixed and current assets. b. Fully secured by mortgage on immoveable properties assets and / or first charge on fixed and current assets. c. Normally, Guarantee limit should be sanctioned with minimum Cash Margin of 25% or more by the respective delegatee up to Scale V within their lending powers. ZMs/ Regional Manager (in Scale VI & above) may sanction Bank Guarantee facility with minimum Cash Margin of 10%. Any proposal with lesser Margin should be referred to Central Office. Delegatees may consider proposals for Bank Guarantee facility within their respective delegated powers under the Loan Policy.
However, the above provision will not be applicable to i) Banks Financing of Equities & Investment in Shares (Annexure-8) & Guidelines for Financing Construction Industry (Annexure 9). Margins stipulated therein for respective category shall be followed.
5.4.4 Letter Guarantee- Partly Secured or Clean: This includes the L/Gs: a) Partly secured with cash margin. b) Partly secured with mortgage on immoveable properties and / or first charge on fixed and current assets. c) Letters of Guarantee without any security.
5.4.5 Lending Powers Lending powers for considering proposal under NFB facilities are as per provisions contained in annexure 3 of Loan Policy.
5.4.6 Powers for issuance of Bank Guarantee up to 15 years
In case of Guarantees secured by 100% cash margin all delegatees shall be empowered to issue Bank Guarantees up to a maximum tenor of 15 years subject to compliance of KYC/ALM & other guidelines on issuance of Guarantee. Following powers have been delegated for issuance of Guarantees backed by 100% cash margin:
Up to Scale IV: Rs. 5 crore Scale V: Rs. 20 crore Scale VI: Rs. 50 crore Scale VII: Rs.100 crore ED / CMD: Full Powers
NOTE: Sanctioning powers in case of other than 100% cash margin shall be as per lending powers delegated as per Annexure 3. Central Bank of India ________________________________________________________________ Loan Policy 154
Powers for issuance of Guarantees in case of other than 100% cash margin
Authority With partial Margin B.M up to Scale-III Two Years RM / CM-VLB Three Years AGM (ELB/RO/ZO) Four Years DGM (ZO) Five Years G.M. (ZO/CO) Ten Years ED /CMD Fifteen Years
5.4.7 Please note that no guarantee can be issued for a period beyond 15 years.
5.4.8. Issuance of Guarantee on behalf of Service Importers. Services import refers to all non-physical imports and includes software or data through Internet / datacom channels / designs and drawings through e-mails / fax, consultancy services. 5.4.9. In view of the risk involved in the type of transaction of import of services, issuance of Guarantee on behalf of service importers should be restricted to first class parties banking with us for at least last 3 years with proven track record and having credit risk rating of A and above. Such facility to be sanctioned by the respective delegated authority and evidence of such imports should be kept on record. Since the value of services (software etc.) cannot be ascertained with certainty, such guarantee should be issued with full security cover with minimum cash margin of 25%.
5.4.10. NOTE: i) In case of issuance of guarantees, counter guarantee to be obtained invariably and the same is not to be treated as security. ii) If the guarantee is secured with counter guarantee of another first class bank or the Government, the Letter of Guarantee is to be treated as fully secured by other securities. iii) Guarantees in respect of disputed duty / taxes and disputed litigations like family disputes, compensation money etc. should be secured by 100% cash margin without exception, particularly in all cases where the party has preferred an appeal against the judgment of a court or tribunal. However in exceptional cases reduced cash margins may be considered by authorities not below the rank of General Manager including Zonal Managers in the rank of General Manager. 5.5 Security While in exceptional cases unsecured guarantees can be issued, it is to be generally endeavoured to get adequate tangible security to cover Bank Guarantee / Letter of Credit facilities. Wherever possible the charge available to Bank on primary / collateral security is extended to cover Bank Guarantee / Letter of Credit facility also. Central Bank of India ________________________________________________________________ Loan Policy 155 5.6 Formats Guarantees should be issued in the prescribed format and should not contain any extraneous /onerous clause. Guarantees in any other format can be issued only with due approval from Legal Department at RO/ZO or alternatively obtaining legal opinion from a panel advocate in writing. 5.7 Service Charges The service charges for issuance of Bank Guarantee and Letter of Credit will be as per the extant guidelines issued from time to time. 5.8 Monitoring Progress under Non Fund based business shall be placed before the Board periodically. All devolved bills under LCs and invoked guarantees should be reported at periodic intervals to respective controlling offices as per extant guidelines.
---------------------- Central Bank of India ________________________________________________________________ Loan Policy 156 ANNEXURE Revised Model Form of Bank Guarantee Bond GUARANTEE BOND 1. In consideration of the President of India (hereinafter called 'the Government') having agreed to exempt _______________________________ [hereinafter called 'the said Contractor(s)'] from the demand, under the terms and conditions of an Agreement dated _________________________ made between _______________________________________________________________ and ___________________________________for_____________ (hereinafter called 'the said Agreement'), of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a bank Guarantee for Rs.__________ (Rupees______________________________________ Only). We, __________________________________________________________, (hereinafter referred (indicate the name of the bank) to as 'the Bank') at the request of _________________________________________________ [contractor(s)] do hereby undertake to pay to the Government an amount not exceeding Rs. ______________ against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We _______________________________________________________ (indicate the name of the bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the contractor(s)' failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _______________. 3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment. Central Bank of India ________________________________________________________________ Loan Policy 157
4.We,________________________________________________________________ (indicate the name of bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ____________________________________________ Office/Department/Ministry of ________________________________ certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _______________________________ we shall be discharged from all liability under this guarantee thereafter. 5. We, _______________________________________________ (indicate the name of bank) further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/Supplier(s). 7. We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. 8. Dated the ____________ day of ___________ _____ for ______________________________ (indicate the name of the Bank).
(NOTE: Usual notwithstanding clause should also be incorporated) Central Bank of India ________________________________________________________________ Loan Policy 158 ANNEXURE - 22
POLICY ON EXTENDING FINANCE TO GEMS & JEWELLERY INDUSTRY
1. The Indian Gems & Jewelry Sector is dominated by the diamond cutting and polishing activity. The Industry holds an important position in the Indian economy and is one of the largest foreign exchange earners, with exports of US$ 20.8 billion in the year 2007- 08. Diamond exports accounted for 68% of total gems & jewellery exports in 2007-08. India is considered as the world leader in the area of diamond cutting & polishing activity and has provided the world some of the most rarest & mystic diamonds. Percentage of diamond exports in total exports has been declining over the years. The Indian Diamond Industry, however, is not an exception to the emerging global scenario where new market is emerging and old players are receiving threats from the new entrants.
Gems and jewellery is exported to various countries, with the main consumer countries being US, Belgium, Hong Kong, Japan and Israel. The global economic scenario and the consumer spending in key countries have an impact on the demand for gems and jewelry. US accounts for around 36% of Indias export.
The main raw materials used are rough diamonds, recycled gold and gold bars which accounts for more than 65% of the total import cost.
The industry relies heavily on imports, which makes it vulnerable to currency fluctuations.
The increase in prices of rough diamonds was more than the increase in prices of cut and polished diamonds, squeezing the margins of players. The industry is rated unfavourable on in-put related risk factors, due to controlled availability of rough diamonds and presence of limited suppliers.
The Indian gems & jewellery industry is highly fragmented and largely dominated by the unorganised sector as it is not capital intensive. Family business houses account for 96 percent of the overall domestic market. Gujarat accounts for an estimated 80 per cent of jewellery market.
A large number of the gems and jewellery units in the country have a poor credit profile due to low profitability and high gearing. Most companies depend heavily on bank borrowings to fund working capital and expansions, resulting in high interest burden and lower profitability.
The global financial crisis has negatively impacted the sector leading to moderation in demand during last one year.
2. Government Policies to support the industry
The Government has identified the gems and jewellery segment as a focus sector for exports in the Foreign Trade Policy 2004-09. Import duty and excise duty on rough and coloured stones has been withdrawn. The Government has also done away with the need for a replenishment or diamond imports license to make it easier to import rough Central Bank of India ________________________________________________________________ Loan Policy 159 diamonds. Customs duty on rough corals has been reduced to 5%. Gold imports of 18 carat and above, are being approved under the replenishment scheme. The industry has been allowed 51 per cent FDI by the Government in single brand retail stores. Cutting and polishing gems and jewellery is treated as a manufacturing activity for exemption under Section 10A of the Income Tax ACT. FDI up to 100 per cent is permitted in the gems and jewellery sector through the automatic route. Imports of polished diamonds have been made completely duty free.
Banks present exposure to Gems & Jewellery industry is less than 1% of Gross Advances. Keeping in view the present scenario of the industry, Governments endeavour to support the export oriented sector and to guide the field level functionaries to take appropriate decision while considering proposals, broad Policy guidelines on financing to Gems & Jewelry industry have been formulated.
GUIDELINES ON FINANCING GEMS & JEWELLERY INDUSTRY
1. PURPOSE:A] Import of Rough Diamonds, Precious/Semi precious stones, Gold and other precious metals. B] Export of Diamonds, Diamond & precious stones studded Jewellery. 2. ELIGIBILITY: Manufacturer and exporter of Diamond or Diamond Studded Jewelries including jewelry studded with other precious/semi precious stones.
Minimum 3 Years of experience in this field.
3. CAP ON AGGREGATE AMOUNT OF EXPOSURE (FUNDED & NON-FUNDED): (Rs.in crore) Particulars Limited Partnership Proprietorship Company Existing New A/c Existing New A/c DTC Sight-holder-having manufacturing set up 100 50 20 20 10 Non-DTC sight-holder having manufacturing set up 40 25 15 15 7 Others 25 20 10 10 5 DTC: Diamond Trading Company, the marketing arm of M/s.De Beers.
Foreign Currency Loan within aggregate sanctioned limit may be provided subject to availability of foreign currency funds with the bank.
The Chairman & Managing Director / Executive Director may consider taking higher exposure than the above mentioned ceiling provided the aggregate exposure does not exceed the prudential exposure limits.
Central Bank of India ________________________________________________________________ Loan Policy 160
4. RISK RATING REQUIREMENTS Credit Risk rating in all the accounts having limit of Rs.1.50 crore and above is must. However, applicable rate of interest will be as per the rates communicated by International Division, Central Office from time to time.
Risk hurdle rates for taking exposures
I) In case of new accounts the financial and overall rating should be minimum CBI-6. II) In case of enhancement in limits in existing account, minimum financial rating should be CBI-6 and overall rating should be minimum CBI-7. III) In case of any deviation, next higher authority not below the rank of General Manager can approve the proposal.
5. NATURE OF FACILITY
FUND BASED FACILITY: Pre-shipment: In the form of Packing Credit (PC) PC can be permitted on running account basis. Such facility can be permitted by an officer not below the rank of AGM. Post-shipment: EBN/EBP or Advance against Bills sent for collection. Advance against any export Incentive/ Subsidy receivable.
NON-FUND BASED FACILITY:
Letter of Credit Letter of Guarantee
6. INTERCHANGEABILITY:
From PSC to PC: Interchangeability from PSC to PC to a maximum extent of 30% of the aggregate limits may be allowed on case to case basis.
From PC to PSC: 100% of PC limit. (PC should be liquidated immediately on submission of relevant bills).
7. MARGIN
I. 25% on stocks meant for export. Delegatees not below the rank of DGM may consider the proposal with margin below 25% but not below 10%.
II. 10% on Export Bills Discounted (DA) / Bills sent for collection. Delegatees not below the rank of DGM may consider the proposals with NIL margins for reputed parties with satisfactory track record.
III. Nil in case of EBP (DP) and EBN.
Central Bank of India ________________________________________________________________ Loan Policy 161 PRIMRY SECURITY
a) Hypothecation of current assets such as Stock of Rough, Cut & Polished Diamonds, precious / semi precious stones & Metals and jewellery.
b) Hypothecation of Receivables.
c) In case of PSC: Documentary export bills (Documents: Invoices & documents as stipulated in the LC / Firm Export orders).
d) Hypothecation of Plant & Machinery wherever applicable.
8. COLLATERAL SECURITY
A] For Existing Accounts:
i) In case of existing accounts the present arrangement will continue. However, wherever possible the Bank will explore the possibility of taking additional security as and when it is deemed necessary.
ii) In case of Consortium / Multiple Finance, decision of the consortium / other banks or FIs in multiple finance may be followed.
B] For New Accounts:
i) In case the Bank is a sole banker, Value of collateral Security as percentage to loan amount should not be below 20% in case of DTC Sight Holders and 30% in case of Non DTC Sight Holders.
ii) In case of fresh entry into Consortium / Multiple Finance, the Bank will fall in line with the decision of the consortium / other lead lenders.
9. ECGC / INSURANCE COVER
The pre-shipment / post-shipment credit facilities will be covered under scheme of ECGC Ltd., i.e., i) Export Credit Insurance Cover for Banks - (Packing Credit Whole Turnover) ii) Export Credit Insurance Cover for Banks - (Post-Shipment Whole Turnover) iii) Buyer wise insurance cover of ECGC - Delegatee not below the rank of DGM may permit exemption from buyer wise ECGC cover only in deserving cases.
10. RATE OF INTEREST
Though Credit Risk Rating shall be carried out in every account, applicable Rate of Interest shall be as per the instructions given by International Division, Central Office from time to time. Central Bank of India ________________________________________________________________ Loan Policy 162
11. COMMISSION & OTHER CHARGES
Exchange Charge/Other Service or Handling charges shall be levied as per FEDAI Rules & Central Office instructions from time to time.
12. AD-HOC LIMIT
Ad-hoc limit in genuine cases (for a maximum period of 90 days) may be sanctioned to the extent of 10% of the sanctioned limit or as per the powers delegated vide Annexure 3 of Loan Policy. The Ad-hoc limit, if sanctioned, will be reported to next higher authority as per the provisions contained in Loan Policy. The delegatees not below the rank of Chief Manager can consider ad-hoc proposals.
13. FIXATION OF SUB-LIMITS FOR FINANCING BILLS TO ASSOCIATES
Financing Bills to associates: Max. 30% of total PSC limit.
Direct Bills: Max. 30% of total PSC limit, out of which, limit to the extent of 25% of PSC limit may be drawn on associates. More than 25% of the total PSC limit should not be drawn in favour of single Buyer. Credit report on Buyers from Dun & Bradstreet / ECGC and track record of associates should be obtained and scrutinized.
14. USANCE PERIOD OF DA BILLS
Normally 120 days to 180 days may be permitted depending on the requirement of the borrower. Transit period as per rules may also be allowed. In case of need, extension beyond 180 days may be considered at the request of the party. However, such cases shall be referred to Central Office and extensions shall be permitted by CACB/CMD / ED.
15. STOCK AUDIT / SUBMISSION OF STOCK STATEMENT
Considering the nature of the inventory and complexity in valuation of stocks, Stock Audit may not be insisted upon. However, Bank may insist for Stock Audit when negative features (Early warning signals) surface in the account.
Stock Statement must be submitted within the stipulated time frame. Non- submission or delayed submission will attract penal interest @ 1% of the entire outstanding under relevant facility. Central Bank of India ________________________________________________________________ Loan Policy 163
16. VISITS, FOLLOWUP & MONITORING
The Branch official will carry out inspection of the factory / show room at least once in a quarter or as per sanction stipulations. The discrepancies observed (if any) should be immediately pointed out and steps should be initiated to rectify it. The visits should be made at shorter intervals if conduct of the account is not satisfactory particularly in respect of persistent overdues in the account, interest not being serviced in time, bills remaining overdue or returned unpaid etc.
The Monitoring Statements, as applicable should be submitted on regular basis to Credit Monitoring Department, Central Office.
17. GENERAL
Credit reports on borrowers clients shall be obtained from Dun & Bradstreet, ECGC or any other approved agency Any deviation / exemption from the norms / benchmark level mentioned in this document shall be permitted only sparingly, in genuine and exceptional cases on account of emergent business compulsions. The authority to permit such deviations shall vest with the Chairman & Managing Director / Executive Director. The Policy will be reviewed periodically. All other general guidelines contained in the Loan Policy shall also be adhered to. The Branches / Offices are advised to take careful note of above guidelines and meticulously adhere to the same. _____________ Central Bank of India ________________________________________________________________ Loan Policy 164 ANNEXURE 23
Financing of Micro Finance Companies
1. Micro Finance Companies are playing a vital role in financial inclusion and extending credit to weaker section of the society.
2. There is perceptible growth of such MFCs in the country.
3. MFCs are fulfilling the social obligation by making the poorest of the poor to earn their livelihood and improve their standard of living and also making them self reliant.
4. MFCs are being established by reputed & eminent personalities working in social sector.
5. It is also observed that recovery performance of MFCs is much better than other NBFCs & lending agencies.
6. There is good scope and opportunity for the banks to extend credit to MFCs and to participate in the noble service being rendered by the MFCs.
7. Though Financials of such MFCs may not be up to the desired levels, they are being run very efficiently by the promoters.
8. Therefore, while considering the proposal of MFCs, Bank shall take a liberalized approach.
a) Promoters background, their standing and experience in the line will be given more credence. b) Credit rating by external rating agency viz, SMERA shall be taken in to account for considering the proposal. c) Bank can consider relaxation in ratios subject to compliance with RBIs prudential norms. d) In case of MFCs enjoying facilities under multiple banking or syndication, Bank shall fall in line with the terms offered by major banks/ lending Institutes. Central Bank of India ________________________________________________________________ Loan Policy 165 Micro Finance Institutions (MFI)
In terms of guidelines of RBI/2011-12/107 RPCD.CO.Plan.BC 10/04.09.01/2011-12, July 1, 2011, the Bank credit to Micro Finance Institutions extended on, or after, April 1, 2011 for on-lending to individuals and also to members of SHGs / JLGs will be eligible for categorization as priority sector advance under respective categories viz., agriculture, micro and small enterprise, and micro credit (for other purposes), as indirect finance, provided not less than 85% of total assets of MFI (other than cash, balances with banks and financial institutions, government securities and money market instruments) are in the nature of qualifying assets. In addition, aggregate amount of loan, extended for income generating activity, is not less than 75% of the total loans given by MFIs.
A qualifying asset shall mean a loan disbursed by MFI, which satisfies the following criteria: i. The loan is to be extended to a borrower whose household annual income in rural areas does not exceed Rs.60,000/- while for non-rural areas it should not exceed Rs.1,20,000/-.
ii. Loan does not exceed Rs.35,000/- in the first cycle and Rs.50,000/- in the subsequent cycles.
iii. Total indebtedness of the borrower does not exceed Rs.50,000/-.
iv. Tenure of loan is not less than 24 months when loan amount exceeds Rs.15,000/-with right to borrower of prepayment without penalty.
v. The loan is without collateral.
vi. Loan is repayable by weekly, fortnightly or monthly installments at the choice of the borrower.
Further, the banks have to ensure that MFIs comply with the following caps on margin and interest rate as also other pricing guidelines, to be eligible to classify these loans as priority sector loans:
(a) Margin cap at 12% for all MFIs. The interest cost is to be calculated on average fortnightly balances of outstanding borrowings and interest income is to be calculated on average fortnightly balances of outstanding loan portfolio of qualifying assets. (b) Interest cap on individual loans at 26% per annum for all MFIs to be calculated on a reducing balance basis. (c) Only three components are to be included in pricing of loans viz., (a) a processing fee not exceeding 1% of the gross loan amount, (b) the interest charge and (c) the insurance premium.
(d) The processing fee is not to be included in the margin cap or the interest cap of 26%. Central Bank of India ________________________________________________________________ Loan Policy 166 (e) Only the actual cost of insurance i.e. actual cost of group insurance for life, health and livestock for borrower and spouse can be recovered; administrative charges maybe recovered as per IRDA guidelines. (f) There should not be any penalty for delayed payment.
(g) No Security Deposit/ Margin are to be taken.
The banks should obtain from MFI, at the end of each quarter, a Chartered Accountants Certificate stating, inter-alia, that (i) 85% of total assets of the MFI are in the nature of qualifying assets, (ii) the aggregate amount of loan, extended for income generation activity, is not less than 75% of the total loans given by the MFIs, and (iii) pricing guidelines are followed.
Central Bank of India ________________________________________________________________ Loan Policy 167 ANNEXURE 24 Guidelines on Ad hoc sanctions And Takeover Norms
A. Ad-hoc facility
The extant Loan Policy provides guidelines on allowing Ad-hoc facility. The gist of provisions is as under:
1. Discretionary Powers / Ad-hoc sanctions are meant to be exercised for permitting excess drawings for urgent and purely temporary business requirements and shall not be used for granting any advance on a regular basis.
2. Request for Ad-hoc facility shall be considered normally to meet emergent additional requirement of working capital for: a. Executing Bunched up orders b. Procurement of Raw Materials c. Temporary Cash flow mismatch d. Executing new orders not envisaged while sanctioning regular limits.
3. Eligibility criteria for Ad-hoc facility
a. The account should be classified as standard asset for the preceding two years.
b. In case of Consortium/Multiple/Syndication, the account should be standard asset with all the banks.
c. All the terms of last sanction should have been fully complied with.
d. The account should not be overdue for review / renewal by more than three months.
e. Operations in the subject account & other group accounts with the bank should be satisfactory and there are no overdues.
f. Actual performance of the company is in tune with the projections.
g. No adhoc is permissible where inspection is not carried out in the last three months.
h. No adhoc is permissible within three months from the date of renewal / review / fresh sanctions.
i. No adhoc to be considered merely in lieu of any collateral security offered.
4. Quantum of Ad-hoc & Powers Delegated
- For delegatees in the rank of Chief Managers and above - Maximum 15% of regular sanctioned limits or lending powers delegated to each delegatee, whichever is lower. However, CACB/ ED/CMD shall not have any restrictions as to percentage of sanctioned limits.
- For delegatees/Branch Managers in the rank of Scale III and below 10% of regular sanctioned limits or delegated lending powers, whichever is lower.
Central Bank of India ________________________________________________________________ Loan Policy 168 - To amplify further, any adhoc including regular limit should not exceed respective lending powers. In other words, delegatees other than CACB/CMD/ EDs can exercise Adhoc discretionary powers in the accounts falling within their respective delegated powers only and not in accounts sanctioned by higher authorities. Further, the delegatees should also take into account relativity factor as detailed in para 9.7 of Annexure-24 to Loan Policy.
5. Ad-hocs are restricted to facility wise sanctioned limits under each facility such as CC, OD, LC, BG etc.
6. CMD and in absence of CMD, EDs are empowered to consider ad-hocs in accounts falling under the powers of CACB/Management Committee of the Board.
7. Ad-hocs can be permitted for a maximum period of 90 days.
8. All ad-hocs sanctioned by the delegatees shall be reported to the next higher authority by way of Control Returns or monthly reporting system. If CACB sanctioned Adhoc if any, then it shall be reported to MCB.
Of late it is observed that adhocs are being allowed without proper justification and often continued beyond the period of sanction and in some cases, it is being recommended to absorb in proposed enhancement. In view of the adverse reports on allowing adhocs, received at Central Office and to streamline the system of sanctioning adhocs, it is proposed to form committees at ZOs, ROs, VLBs & ELBs to consider any request for adhoc from the branches under their control.
The committee at Zonal Office shall comprise of Zonal Manager, AGM and Chief Manager (OPR). At Regional Office, the committee shall comprise of Regional Manager, Chief Manager, Senior Manager (OPR) or Asstt. Regional Manager. At VLBs & ELBs it shall comprise of AGM or Chief Manager, Senior Manager (OPR) and Manager (CR/OPR). Minimum members required to fulfill the quorum will be three.
On receipt of request from branches for adhoc facility, the committee will examine the proposal and after satisfying itself about the eligibility & compliance with the Loan Policy stipulations, convey its decision.
In terms of Mitra Committee recommendation, it would be the responsibility of each sanctioning authority to build up necessary data on adhoc sanctions. Accordingly, Regional Offices and Zonal Offices shall build up data on ad hoc limits allowed within their delegated powers and shall ensure that adhoc allowed is liquidated within the stipulated time period. 9. Other conditions 9.1 Borrowal accounts should have been reviewed at regular interval and under no circumstances Adhoc should be allowed in the accounts where Short Review has been carried out.
9.2 Drawing Power should be available to cover the entire exposure including Adhoc.
9.3 All existing terms and conditions as to margin, security shall be applicable unless specific terms are stipulated for the Adhoc facility by the sanctioning authority.
Central Bank of India ________________________________________________________________ Loan Policy 169 9.4 No adhoc facility should be allowed / discretionary power to be exercised in the accounts where inspection has not been conducted in the last three months.
9.5 Any ad hoc in accounts not satisfying the conditions as mentioned herein above and in NPA accounts, may be permitted by the Zonal Manager not below the rank of DGM, in accounts falling under the delegated powers of the delegatee up to one stage below him/her. Accordingly any adhoc in the accounts falling under the delegated powers of the Zonal Managers in the rank of AGM / DGM will be considered by the General Manager (Credit) at Central Office and those falling under the powers of Zonal Managers in the rank of General Managers will be considered by Executive Director / Chairman and Managing Director.
9.6 The Adhoc facilities sanctioned shall attract 2% additional interest over and above the rate applicable for the regular facility.
9.7 While calculating the admissible amount under ad hoc / discretionary powers, Relativity Factor should be taken into account, i.e. these powers are to be exercised for fund based and non-fund based limits and facility wise separately excluding term loan, deferred payment guarantee and other one shot transactions, (in other words, ad hoc may be allowed up to 10% /15% of the sanctioned limit in each facility (CC, OD, LC. BG etc) but not in cases of TL, DPG, and other one shot transactions.
9.8 The excess drawings shall be permitted for a maximum period of 90 days for borrowal accounts classified as Standard Asset. It shall be the responsibility of the sanctioning /recommending authority to get the ad hoc amount adjusted in time.
Allowing drawals against instruments presented in clearing:
10. Considering the operational difficulties and to help the reputed customers, some discretionary powers have also been granted to various delegatees for granting advances against uncleared effects on instruments presented in clearing as detailed below: Rs in Lakhs Delegatee
(1) Against Cheques in Clg (2) Against DDs / Bankers Cheque in clearing or advance against collection. (3) i) Branch Manager Scale I -- 50% of the value or 5 lakhs which ever is less. ii) Branch ManagerScale II 3.00 50% of the value or Rs.20 lakhs which ever is less. iii)Branch ManagerScale III 5.00 100% of the value or Rs.30 lakhs which ever is less. iv) Chief Manager / Regional Manager 6.00 100% of the value or Rs.50 lakhs which ever is less. v)Asstt.Gen.Manager (ELB / RO / ZO)
10.00 100% of the value or Rs.100 lakhs which ever is less. vi) Deputy General Manager 20.00 100% of the value or Rs.200 lakhs which ever is less vii) General Manager 200.00 400.00 viii) Executive Director 800 1600 ix) Chairman and Managing Director 1200 2200 x) CACB 40000.00 40000.00
Central Bank of India ________________________________________________________________ Loan Policy 170
11. Exercise of above mentioned powers are subject to fulfilling following conditions:
a. Account should be Standard asset during preceding two years. b. In case of current accounts average balance in the a/c should be Rs.1 lac. c. Such drawings may be permitted against express request from the party undertaking to repay the amount immediately in case of any eventuality leading to bounding of instrument. d. Clearing returns are less than 10% (in value and also incidence). e. No drawals shall be allowed against uncleared effects of instruments presented in HIGH VALUE clearing, wherever such High Value Clearing is in operation.
12. a) No drawings to be allowed against cheque drawn by associate concerns or drawn by borrower/customer himself except where specific limits are sanctioned by competent authority. b) No drawings to be allowed on cheques drawn on Co-operative Banks. c) If there are frequent requests for such facility reason thereof should be ascertained and in case enjoying a credit limit, total review of the account should be taken up.
Note: The total drawings allowed under column (2) and (3) should not exceed the amount given in column (3). Branches should charge interest as per Central Office circulars for such drawings. Such exercise of discretion should be immediately reported to the next higher authority.
Branch Managers can afford Instant Credit for outstation cheques sent in collection as per requirements of Customer Service Recommendation subject to complying with the conditions of the Customer Service Recommendations in that regard.
Branch Managers can also purchase cheques as per the QCC Scheme under Cash Management Services subject to the conditions laid down in the said scheme.
The facility mentioned under point 10 to be allowed very sparingly and not as a regular limit. However, where the party desires to have such regular facility, it can be considered by obtaining adequate collateral security in tune with the size of business/requirement. Such facility shall be allowed within the respective delegated lending powers taking all other precautions of lending.
13. Reporting of Ad hoc / Exercise of discretionary powers
The ad hoc / discretion allowed as above should be reported to the controlling office by a letter on the same day. This is apart from reporting the same in Control Return Annexure III of the standard Control return to controlling offices (giving details of facilities allowed under Ad Hoc / Discretionary Powers).
All such exercise of discretionary powers / ad hoc should be immediately reported to next higher authority in fortnightly (Annexure III Control Return- Details of facilities allowed under Ad hoc / Discretionary Powers).
The Ad hoc discretionary powers exercised by the Zonal Manager should be placed before the ED together with comments of Credit Department on monthly basis and the sanctions made by the Executive Director and CMD will be reported to the Management Committee of the Board. The Reportee / Controlling authority may seek clarifications and take follow up measures as may be felt necessary within a reasonable period of three weeks. Central Bank of India ________________________________________________________________ Loan Policy 171 Build-up of data on ad-hoc limits allowed: Mitra committee report on legal compliance requires that every bank should build up data on ad-hoc limits allowed. It would be the responsibility of each sanctioning authority to build up necessary data in this regard.
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B. Take Over of Advances:
I] In the liberalised financial environment, as one of the strategies for increasing good quality assets in the banks loan portfolio, take over of advances from other banks & FIs was found to be a desirable proposition. Therefore, a common set of norms/guidelines for take over of accounts as detailed below are proposed.
1. A market report to be obtained on the borrowers/key persons of account proposed for take over. 2. The account should be standard asset at least for the past 2 years consecutively in the books of existing banker & there should not be any symptoms suggesting that the account is likely to slip to NPA in the near future. By obtaining the statement of accounts of the proposed borrower, branch should scrutinize the same to ensure that there is no default in conduct of the account with other bank. Other usual due diligence steps such as CIBIL search, RBI/ECGC, negative list search, market, bank enquiry etc. must be undertaken and so recorded. 3. Statement of account for at least two years of all facilities both fund based and non funded as applicable are to be obtained and thoroughly scrutinized/analyzed from financial and operational angles to ensure there has been consistent satisfactory performance in the previous bank. 4. Credit Report on IBA format from existing banker to be obtained. 5. If the proposed take over is related to project funding, such project should not be at implementation stage. 6. The borrower should have posted Net Profit (after tax) in the preceding two years. In case where the unit was in existence for a period of less than 2 years, the Unit must have earned profit during the period of its operation. 7. Minimum Credit Risk Rating of the account should be CBI-5 (Moderate Safety). 8. In case of Term Loans, there should be regular payment of installments as per original schedule. Repayment schedule should not be extended or rephased. 9. Borrowers/promoters/partners should not be on RBIs or CIBIL defaulters list or SAL of ECGC. 10. Branches should obtain declaration from the borrowers about the credit facilities already enjoyed by them from other banks in the format as given in RBI Circular DBOD No. BPBC.46/ 08. 12. 001/ 2008-09 DT. September 19, 2008.
II] Other conditions to be observed in case of Takeover of accounts
a) Present scenario concerning the Industry, in which the borrower is dealing to be taken into account. b) Pre / post sanction Inspections to be carried out. c) When our bank canvasses the account, detailed background of the borrower with specific benefit to the bank with reasons for shifting the account from bank /financial institution should be ascertained and recorded in the proposal. Further, a comprehensive certificate of compliance/Due diligence of take over norms as per Central Bank of India ________________________________________________________________ Loan Policy 172 loan policy should form a part of processing note. While obtaining confidential report we should advise the other banker that when they give opinion about the conduct of the borrowal account, factual position must invariably be reported including irregularities if any, observed so as to enable our Bank to take a due decision in the matter of take over. d) The underlying assets should be distinctly identifiable i.e. there should be tangible security to cover the advances and bank has to conduct physical verification and valuation of stocks to ensure availability of required Margin/borrowers contribution. A stock audit should have been done with in the period of 3 months of the date of take over. Alternatively a stock audit should be a pre commitment condition. In respect of limited company, charges to be created simultaneously with ROC. e) The project should not be in the implementation phase at the time of take over of the loan. In other words, it should have commenced commercial production and surpassed the break even level and the moratorium period for repayment of loan should be over. f) In case of consortium / multiple banking arrangements, monthly position of accounts and periodical meetings, held in the past, amongst participating bankers and term lending Institutions wherein the views of all concerned so exchanged should be ascertained. g) The remaining period of repayment, after take over, should be at least 2 years and the repayment in future, after take over, too should be as per the original schedule only.
h) Account should not be restructured earlier with the existing Bank / FI
i) (a) The Branch should make proper assessment of credit requirements based on the past performance, estimates/projections. Audited financials should be carefully studies to assess the financial strength of the borrower. (a) Consequent to take over, during the first 6 moths, a monthly statement on performance/financials of the account is to be submitted for monitoring to the authority that sanctioned the take over. At the end of 6 months, a snap review of the accounts to be done by the same authority and on satisfactory performance shall resort to annual review thereafter by the authority as per the delegated powers. For centralized monitoring at central office level, ROs should submit half yearly as on 30 th September and 31 st March, the list of accounts taken over during the two half years (current and previous half year), confirmation of compliance of terms & conditions of sanction, snap review of accounts after six months and present status (asset quality) of the account. (b) Audited financial statements should not be more than 3 months old at the date of take over. Valuation of fixed assets particularly immovable property should be got done by two independent valuers for all properties exceeding Rs.10 crore. Similarly fresh LSR by Banks Panel Advocate to be obtained and not to go by the previous Banks LSR.
j) Payment towards adjustment/liquidation of the dues of the existing FI / Bank should be made directly to them. k) Where, however, the accounts of other banks have been adjusted for over 3 months, the same need not be treated as takeover account and appropriate Sanctioning Central Bank of India ________________________________________________________________ Loan Policy 173 Authority may take the credit decision based on extant guidelines of Loan Policy on new accounts. However, statement of account at least for last one year may be obtained from previous banker and held on record. l) Takeover of advances from State Financial Corporations or from Co-operative Banks may be done very selectively. Limits enjoyed with Co-operative Banks should not be considered as base and fresh appraisal as per Policy provisions to be undertaken. m) In the cases of Working Capital finance through consortium or multiple banking, increasing our share and joining a consortium or when a member bank exits consortium and we join the consortium in its place, are not to be reckoned as take over of such advance from other banks.
III] Delegation of power to approve Take over
1. For accounts falling within the sanctioning powers of delegatees up to Scale III, Regional Managers (in the rank of Scale IV and above) will be the sanctioning authority. 2. For accounts falling within the powers of Regional Managers (in Scale IV) and above up to VI, all accounts should be sanctioned at one level higher than the sanctioning authority as per delegated powers. (a) Only prior administrative approval from the next higher authority should be obtained by Scale IV and V delegatees (including RMs) in the prescribed format (as per Annexure 31). (b) RMs/ ZMs in Scale VI are empowered to sanction take over accounts within their delegated powers without reference to next higher authority. 3. For accounts falling within the powers of above scale VI the respective delegatees are empowered to sanction take over of accounts within their delegated powers. 4. While sanctioning take over accounts, the sanctioning authority may consider enhancement of loan amount and may permit financing maximum upto 150% of the loan being availed from the previous bank. However, if due to genuine/justifiable reasons the amount of finance exceeds 150%, the sanctioning authority will be at next higher level.
IV] Consequent to economic slowdown, there is adverse impact on credit of take. Therefore, an imperative need is felt to look for avenues to enhance credit portfolio. There is ample scope for increasing credit of take by taking over accounts from other Banks and FIs. In order to explore the area and to exploit the situation, we may give thrust on the following aspects.
1. Interest rates on Fund based facilities being charged by Foreign Banks, Private Sector banks & Cooperative Banks are comparatively higher than the rates charged by PSUs. There is good scope for taking over share of such banks in the consortium by offering competitive rates.
2. ZOs/ROs/Branches to tap reputed corporates in their area and explore the possibility of taking over the share of Foreign Banks, Private Sector banks & Cooperative Banks in fund based limits being enjoyed by them at higher rates.
Central Bank of India ________________________________________________________________ Loan Policy 174 3. Our Bank should also create apprehension amongst the peer banks by offering very competitive rates to get an entry into good Corporates, who have potential to offer sizeable ancillary business.
4. In order to encourage the field functionaries to remain proactive towards takeover of accounts, Regional Managers (in Scale V) and above are empowered to extend concession in ROI to the extent of 50 basis points subject to the condition that the account proposed to be taken over complies with all the take over norms and there are no deviations.
5. The following additional points should be borne in mind while taking over accounts from other banks: Take over of borrowal accounts from other banks should be done very selectively, especially in view of the fact that no prudent bank would like to give away sound borrowal accounts, remunerative and satisfactorily operated with it. The tendency is generally to weed out those borrowal accounts where the existing vendor has observed some signals of sickness/stress and hence, greater caution is required to be exercised while taking over borrowal accounts of other banks. However, there may be some genuine reasons for which the borrower may contemplate switch over to other banks. It is often observed that in satisfactorily conducted, remunerative accounts with good security coverage available, the existing banks refuses to give No Objection Certificate (NOC) for sharing of security on paripassu basis with us on our sanction of the limit. At that time there is no other way but take over entire exposure of the existing bank to get full and exclusive charge on securities. Similarly the existing bank may not agree to the request of the borrower for enhancement in the limit or reduction in rate of interest, though justified. The borrower, in such cases, would prefer to switch over account to other bank. All such cases should be thoroughly examined, especially by making discreet market enquiries and then, the decision for take over should be taken with full justification. a. Generally, we obtain Bankers Confidential Report in IBA format, which is satisfactory. However, the Branch Manager should go beyond that and make discreet market inquiries to confirm the credentials of the promoters and their reputation in the market. b. Moreover, in case of Takeover of accounts, there should not be any dilution of securities available to the existing bankers. c. In case of corporate borrowers, the charges existing on their assets should be verified by reference to ROC. d. The process Note in case of Takeover of accounts must invariably contain a Certificate of Compliance of all the conditions and due diligence carried out by the field functionaries as per Loan Policy.
The take over norms in the Loan Policy are applicable to all category of loans viz., SME/Midcorp accounts etc except Housing Loans.
Central Bank of India ________________________________________________________________ Loan Policy 175
V] Takeover of Housing Loan of Individuals
While take over of retail segment advances is not generally encouraged, in consideration of larger business interest/valuable connections take over of housing loans can be considered. The requirement of seeking permission from the next higher authority shall not be applicable for taking over existing Housing Loan of Individuals from other Banks/FIs. However, sanctioning authority while taking over such accounts shall ensure that the Housing Loan Accounts with other Banks/FIs are running regular with no defaults in payment of Interest/Installment at any time with them.
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ANNEXURE - 25 & 26(Deleted) Central Bank of India ________________________________________________________________ Loan Policy 176
ANNEXURE - 27
Short Term Loans to Companies Eligible for Issuance of Commercial Paper.
1. It is observed that, of late large corporates prefer to raise short-term funds at competitive rates as against availing usual working capital facilities.
2. In order to meet corporates requirement of Short Term Loans and to deploy Banks funds profitably at market related rates, a new scheme has been formulated with due approval of the Board.
3. Salient features:
i. Objective To provide Short Term Working Capital facilities to the borrowers to tide over temporary mismatch of funds or to meet increased funds requirement due to bunching of orders.
The facility is intended to ease the liquidity strain of the borrowers who intend to raise funds through issuance of Commercial Paper at market related rates. ii. Eligible Companies Units in existence with good financials and satisfactory track record eligible to issue CPs.
Companies enjoying P1 + or its equivalent rating, interested in raising funds against issuance of Commercial Paper on standalone basis without earmarking working capital limits
OR
Companies enjoying P1 or its equivalent rating with earmarking of working capital limits equivalent to Commercial Paper issued.
Companies having less than P1 + or P1 rating and not otherwise eligible for raising Commercial Paper through our Bank. iii. Facility Short Term Loan in Indian Rupees for 90 to 180 days. Short Term Loan in Foreign Currency for 3 to 6 months. iv. Maximum Loan per borrower Rs.60 crore. (To be sanctioned by CMD at Central Office)
Central Bank of India ________________________________________________________________ Loan Policy 177
v. Interest Rates For Rupee Term Loan Linked to the average rates of Commercial Paper prevalent in the market for the last 10 days to be obtained from Fixed Income Money Market and Derivatives Association of India (FIMMDA).
For Foreign Currency Term Loan Linked to 3 months OR 6 months LIBOR as the case may be, plus Spread based on Banks Cost of Funds.
NOTE: Interest rate for Rupee Term Loan will be slightly lower than the Average CP rate to induce the borrower to avail Short Term Loan in lieu of CP. For Foreign Currency Term Loan, rate of interest will be adjusted in the above manner. vi. Interest Payable Monthly vii. Margin NIL viii. Upfront Fee 0.25% of the Loan amount payable upfront. ix. Repayment Period Bullet payment at the end of 90 or 180 days. x. Security NIL xi. Availability Period Maximum 15 days from the date of sanction. xii. Documents DP Note & Post-dated Cheques.
4. CMD is empowered to consider the proposals up to Rs.60 crore under the scheme. If the aggregate exposure of the single borrower or group exceeds the lending powers of the CMD, then such cases should be put up to the Board/Management Committee for sanction subject to compliance of RBIs Prudential Exposure norms.
Central Bank of India ________________________________________________________________ Loan Policy 178
ANNEXURE - 28
PRODUCTION EQUIPMENT CREDIT SCHEME
1. In order to deploy our lendable resources profitably and to open up new channels of distribution, a scheme titled Production Equipment Credit Scheme has been formulated.
2. Salient features of the scheme are as under: SCHEME: PRODUCTION EQUIPMENT CREDIT SCHEME. 1.Objective 1. To provide finance for non-project related capital expenditure of the Borrower Company. 2. This finance is structured as an umbrella arrangement under which various equipments imported and indigenous will be financed by the Bank, thus obviating the need to arrange for finance for every such procurement. 3. It is not necessary to identify specific equipment at the time of application. This could be done at the time of disbursement. 4. This facility is specially designed as a fast disbursing window providing omnibus line of credit for financing a number of relatively smaller plants, machinery & equipments to be purchased. 2.Eligible Companies 1 Units in existence with satisfactory track record and sound financials i.e., units having minimum external credit risk rating of BBB or its equivalent and minimum internal credit rating of B.(CBI-5) 2 Units importing capital goods / purchasing locally. 3 Units undertaking expansion/modernization /up gradation / diversification programmes. 4 Research & Development activities, which require purchase of sophisticated equipments, tools, jigs and fixtures etc. 5 E P C Companies with proven track record. 3. Instruments 1 Term Loan in Indian Rupees. 2 Term Loan in Foreign Currency. 3 Foreign /Inland DA LC for purchase of capital goods as a Sub Limit of Term Loan 4. Interest Rates For Rupee Term Loan: Linked to Banks Base Rate based on the Credit Risk Rating of the Borrowing Company. For Foreign Currency Term Loan : Linked to LIBOR Plus Spread based on Banks Cost of Funds. 5. Interest Payable Monthly 6. Margin 10% minimum 7. Upfront Fee (Minimum) 0.25% of the Loan amount payable upfront. It will be endeavoured to levy higher up from fee. 8.Repayment Period 3 to 7 years based on projected cash flows inclusive of suitable moratorium. 9.Availability Period 1. Maximum 1 year from the date of sanction. 2. The facility will not be available to companies whose principal business is real estate. 10. Security Hypothecation of equipment, plant & machinery financed by the Bank, either by way of appropriate exclusive charge or paripasu charge on the entire movable fixed assets, present and future. Central Bank of India ________________________________________________________________ Loan Policy 179 11. Additional Security (to be endeavoured) 1. By way of personal guarantees of Directors and /or Corporate Guarantee of the Group Company /Parent Company. 2. Appropriate charge on any other asset of the Borrower Company on case-to-case basis. 12. OTHER COVENANTS 1. Only limited companies will be eligible. Partnerships & Proprietary concerns will not be eligible. 2. Generally Production Equipment Credit will be extended to existing clients. However, new clients who are established companies with good track record and high credit rating may also be considered. 3. The proposed term loan is to be disbursed directly to the suppliers of the Plant & Machinery and other suppliers of utilities. 4. Margin to be brought by party before disbursement of Term Loan 5. The branch should disburse the loan according to the receipt of equipments, machinery etc, based on documentary evidence. 6. Advance already paid by the company towards acquisition of machineries may be treated as part of margin money, provided it is supported by documentary evidence and CA certificate. 7. In exceptional cases, disbursement against prospective acquisition of equipment up to 25% of the loan amount and with prior approval from Central Office may be considered. However, the equipment would need to be acquired within three months of such disbursement. 8. The Term Loan Repayment will be based on projected Cash Flow of the company with suitable moratorium on case to case basis. 9. Bank will have appropriate charge on the proposed assets to be created out of the term loan. 10. Our charge to be registered with ROC for total amount of the PEC, within the stipulated period and confirmation to that effect to be kept on record. 11. The Upfront Fee will be recovered immediately on sanction. 12. Insurance cover for the machinery / equipments for its full value with Bank clause to be taken and policy to be kept with the Bank. 13. All other expenditure to be borne by the borrower. 14. The Premature closure of term loan will attract prepayment penalty @1% of the outstanding loan amount. The penalty may be reduced /waived with the approval of the CMD if there are compensating benefits to the Bank. 15. The standard covenant of inspection, identification and hypothecation to the Bank etc, will apply.
BENEFITS. 1. Enables financing relatively small value non-project related equipments, obviating the need for the borrower to approach the Bank in each case. 2. Fast disbursing window. 3. Secured loan. 4. For the company financing is tied up on the basis of its annual capital expenditure plan. Risks & Safeguards. 1. Security would be hypothecation of special equipments acquired out of loan. 2. Production Equipment Credit will be offered to companies with high credit standing and mainly to existing borrowers enjoying other facilities extended by the Bank.
Central Bank of India ________________________________________________________________ Loan Policy 180 TERM SHEET FOR PRODUCTION EQUIPMENT CREDIT SCHEME S.No. 1 Objective To provide finance for non-project related capital expenditure of the Company/ for purchase of plant, machinery, equipments etc. 2 Facility Funded Term Loan in Indian Rupee (OR) Foreign Currency. Non-Fund based as Sub Limit Letter of Credit 3 Eligibility Existing units with satisfactory track record having minimum external rating of BBB or its equivalent or minimum internal rating of B. EPC Companies with proven track record are also eligible. Companies engaged in Real Estate business are not eligible. 4 Purpose Acquisition of Production Equipments. 5 Margin 10% Minimum Payable monthly. Rupee Loan will be linked to Banks Base Rate based on Credit Risk Rating. 6
Rate of Interest Forex Loan will be linked to LIBOR + Spread based on Banks Cost of Funds. 7 Up front fee 0.25% of loan amount + applicable taxes 8 Repayment Period 3 to 7 years inclusive of moratorium if any 9 Security Hypothecation of equipments acquired of proposed loan. 10 Collateral 1. Charge on other assets of the company 2. Personal guarantee of Directors (or) Corporate guarantee of Group Company. 11 Availability Period Maximum 1 year from the date of sanction
12.Other Covenants
1. Only limited companies will be eligible. Partnerships & Proprietary concerns will not be eligible.
2. Generally Production Equipment Credit will be extended to existing clients. However, new clients who are established companies with good track record and high credit rating may also be considered.
3. The proposed term loan is to be disbursed directly to the suppliers of the Plant & Machinery.
4. Margin to be brought by party before disbursement of Term Loan.
5. The branch should disburse the loan according to the receipt of equipments, machinery etc, based on documentary evidence.
6. Advance already paid by the company towards acquisition of machineries may be treated as part of margin money, provided it is supported by documentary evidence and CA certificate. Central Bank of India ________________________________________________________________ Loan Policy 181 7. In exceptional cases, disbursement against prospective acquisition of equipment up to 25% of the loan amount and with prior approval from Central Office may be considered. However, the equipment would need to be acquired within three months of such disbursement.
8. The Term Loan Repayment will be based on projected Cash Flow of the company with suitable moratorium on case to case basis.
9. Appropriate charge on the proposed assets to be created in favour of the Bank.
10. Charge to be registered with ROC for total amount of the PEC, within the stipulated period and confirmation of the same to be kept on record.
11. Upfront Fee to be recovered immediately on communication of sanction.
12. Insurance cover for the machinery / equipments for its full value with Bank clause to be obtained and policy to be kept on record.
13. Any other expenditure to be borne by the borrower.
14. Prepayment will attract penalty @1% of the amount prepaid. However, the penalty may be reduced /waived with the approval of the CMD if there are compensating benefits accruing to the Bank.
15. The standard covenants of inspection, identification and hypothecation to the Bank etc, will apply.
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Central Bank of India ________________________________________________________________ Loan Policy 182 Annexure -29 (Deleted)
Annexure-30 Mezzanine Debt
The bank has been sanctioning from time to time financial assistance to meet the various credit requirements of corporate clients by way of regular facilities like term loan, short term loan, cash credit, overdraft and bills discounting etc. on sole banking/ consortium/ multiple banking arrangement basis. However in certain cases, corporates need bank arrangements without being able to provide the assets created out of such finance as security on 1 st charge/ exclusive charge/paripassu charge basis i.e. (i) Overseas acquisitions (ii) Investment in WOS (iii) General corporate loan requirement outside consortium/ multiple banking arrangements etc. In such case Mezzanine debt can be marketed as a product for funding such bonafide activities to eligible top rated corporate clients which will help acquisition of new client base and augment credit deployment.
The salient features of the product are as under:
Purpose Mezzanine Debt shall be considered for any of the following purposes: a) To augment long term Working Capital b) To expand the existing companys TNW with subordinated debt capital c) To acquire any existing overseas company and or acquisition of their assets. d) To finance equity investment by the Indian company in JV/ WOS or in other overseas companies (new or existing), as strategic investment. e) To kick start the infrastructure and other long projects pending infusion of own source funds. f) Any requirement over and above the permissible limit for running the business activity. g) Any other purposes as permitted in terms of GOI/RBI Policy. Eligibility Corporates which comply with the following criteria are eligible: a) high net worth corporate with satisfactory track record. b) business houses having good market reputation. c) listed/ unlisted corporate bodies having credit rating of CBI-4 (B+) and above or its equivalent in case of rating by external rating agency. d) un rated but financially sound corporate bodies. e) Corporate which demonstrates track record in the industry, product, profitability and viable expansion plan for the business i.e. expansions, acquisitions, IPOs etc., though financials may not be confirming to high rates. Quantum Minimum size of the loan shall be Rs.10.00 crore for existing clients and Rs.5.00 crore in case of new clients and the maximum extent of 50% of senior debt sanctioned by the bank in case of existing clients. Tenor Debt shall be for a maximum period of 7 years. Interest Rate of Interest shall be minimum 100 bps higher than the rate applicable to Senior Debts, as per rating of the account and subject to maximum of 400 basis points. Interest shall be serviced on monthly basis as and when charged. Any request for reduction of interest shall be referred to Central Office. CMD Central Bank of India ________________________________________________________________ Loan Policy 183 and in his absence ED shall be empowered to approve the rate of Interest on the debt falling within their respective lending powers. However, in exceptional cases and keeping in view the urgency, CACB shall be empowered to approve ROI on the debt falling within the powers of MC. Method of Assessment & Repayment Cash Flow Financing is applicable in respect of Assessment of eligible finance under Mezzanine Debt. On the basis of Cash Flows, repayments shall be fixed by way of periodical installments as per tenor of sanction. Prepayment charges In case of prepayment, penalty charges @ 1%.p.a. of the amount prepaid for the left over term shall be recovered. Security Primary: Nil Collateral: 2 nd subservient charge on existing fixed assets and/or current assets with ACR of min.1.5. Margin 25% Sanctioning Authority Proposals under above facility shall be considered at Central Office by Executive Director and above within their respective delegated lending powers. Other Conditions a) The sanction of the loan is subject to compliance of exposure norms stipulated in the loan policy/ RBI prudential Exposure guidelines. b) While considering the proposal for sanction, the following financials with allowable concessions as per Loan Policy shall be kept in view:
i) Current Ratio : 1.33 ii) Debt Equity Ratio : 2:1 iii) Debt service coverage ratio (Average) : 1.5 iv) Interest coverage ratio : 2:1 v) Asset coverage ratio : 1.5:1
c) Personal guarantee of the promoter director(s) to be obtained. d) Proceeds of the Debt should be utilized only for the declared purpose and not for any other purposes. e) While considering the applications for this debt, financials & cash flows to be studied carefully to ensure genuiness of the requirement and repaying capacity on due date. f) If the borrower is enjoying facilities with other Banks/ FIs, proper due diligence should be carried out to ensure that the accounts are in standard category with other Banks/ FIs and their dealings are satisfactory. g) Compliance of applicable regulatory norms of RBI/ FEMA/ SEBI etc. should be ensured.
MCB shall have full powers to consider any deviations subject to compliance with RBIs prudential exposure norms.
Central Bank of India ________________________________________________________________ Loan Policy 184
Annexure-31(A) FORMAT FOR SEEKING ADMINISTRATIVE APPROVAL FOR TAKE OVER OF ADVANCES FROM OTHER BANKS / FIs FROM NEXT HIGHER AUTHORITY
Branch Region Zone
Name and Address of the Borrowal Account proposed to Take Over
Details of the Promoters Group Details of any of the Group Account availing finance from our Bank
Name of the Bank from which Take Over is proposed
Details of the limits being availed from the existing Bankers
Details of the limits proposed in our Bank Facility Working Capital Term Loan Non- Fund Based Limit Total FB and NFB
1 Details of highlights of financial indicators of the borrowers for the past two years TNW Sales Net Profit Current Ratio DE Ratio TOL /TNW
2 Whether obtained Market Report on the borrowers/ Key Persons of account?
3 Whether account is standard in the books of existing banker & does not exhibit any symptom of slipping into NPA in the near future?
4 Whether obtained Statement of accounts for atleast two years from existing banker and verified? Any observation?
5 Credit Report on IBA format from existing banker?
6 Whether commenced commercial production and surpassed the break even level and moratorium period for repayment of loan is over? (No take over of accounts which are under implementation.)
7 Whether the borrower posted Net Profit (after tax) in the preceding 2 years?
8 Whether Minimum Credit Risk Rating of the account is CBI-5(B) Moderate Safety?
9 Whether remaining period of repayment, after take over is atleast 2 years and is as per original
Central Bank of India ________________________________________________________________ Loan Policy 185 repayment schedule sanctioned by the previous banker only? (Repayment Schedule of take over Term Loan is not to be proposed for extension or rephasement) 10 Whether obtained evidence that the A/c. is not restructured earlier with the existing Bank/ FI?
11 Whether names of Borrowers/ Promoters/ Partners appear in RBIs or CIBIL defaulters list or SAL of ECGC?
12 Whether conducted Pre - sanction inspection?
13 Whether detailed background of the borrower with specific benefit to the bank with reasons for shifting the account from other bank/ financial institution is ascertained?
14 Whether underlying assets are distinctly identified and tangible security exists to cover advances?
15 Whether payments towards adjustment/ liquidation of the dues of the existing FI/ Banks are proposed directly to them?
16 No Take Over within Cooling Period of three months.
Signature of the Delegatee seeking Approval
Central Bank of India ________________________________________________________________ Loan Policy 186 Annexure 31(B)
MINIMUM INFORMATION TO BE DECLARED BY BORROWEING ENTITIES TO BANKS WHILE APPROACHING FOR TAKE OVER OF ACCOUNTS FROM OTHER BANKS
A. Details of borrowing arrangements from other banks (institution wise) I. Name and address of bank/institution
II. Purpose for which borrowed
III. Limit sanctioned (full details to be given, e.g. working capital / demand loan/ term loan / short term loan)/ foreign currency loan, corporate loan / line of credit / Channel financing contingent facilities like LC, BG, DPG (I & F) etc. Also, state L/C bills discounting/project wise finance availed)
IV. Date of sanction
V. Present outstanding
VI. Overdues position, if any
VII. Repayment terms (for demand loans, term loans, corporate loans, project - wise finance)
VIII. Security offered (complete details of security both primary and collateral including specific cash flows assigned to project wise finance/loan raised & personal/ corporate guarantee, to be furnished)
IX. Requests for facilities which are under process
[The information to be given for domestic and overseas borrowings from commercial banks, Financial Institutions and NBFCs] B. Miscellaneous Details i. CPs raised during the year and current outstanding
ii. Details of financing outside banking system e.g. L/C Bills discounting
iii. Main and allied activities with locations
iv. Territory of sales and market share
v. Details of financial aspects incl. DSCR Projections wherever applicable as per requirement of bank Imp. Financial covenants, if any, agreed to/accepted with other lenders.
vi. CID A/cs, within/outside financing Banks, being operated, if any
vii. Demands by statutory authorities/ current status thereof
viii. Pending litigations
ix. A declaration authorizing the bank to share information with other financing banks
Central Bank of India ________________________________________________________________ Loan Policy 187 ANNEXURE-32 END USE CERTIFICATE OF CREDITS DISBURSED
Branch Region Zone
Sl.# Items Details 1 Name of the Borrower/ Project: Group: 2 Sanctioning Authority: Reference of Sanction & : Date of Disbursement :
Credit Facilities: TL/STL/WC/ 3 Nature of Credit facilities: Fig. Rs. in Crore FB Limits NFB Limits Total Limits
Outstanding as on date: Fig. Rs. in Crore FB Limits NFB Limits Total Limits
4 Checklist for Utilization of Loan: Certification YES/ NO Remarks/ Deviation, if any. Funds have been utilized for the purpose for which it has been sanctioned.
Any utilization of short term working capital funds for long term purposes not in conformity with the terms of sanction.
.i Any transfer of funds to the subsidiaries/ Group companies or other corporate by whatever modalities.
.ii Any part of the loan amount is transferred to call, short term, fixed or any other deposits.
.iii The expenditure has been financed in the manner provided for in the sanction.
5 RBI Guidelines: .i Whether complied with the RBI guidelines that C.A. certificate alone should not be considered adequate to ascertain the end use of funds and it should be necessary for the Bank to conduct independent verification of securities created out of Bank loans?
.ii Enclose the copy of such verification of securities.
Note: Please Certify YES/ NO and no column is kept blank/ dash/NA/ any abbreviation etc.
This certificate is to be submitted to sanctioning authority with in 30 days from the date of disbursement of loan sanctioned.
This Certificate on End use of Funds is issued on at
Signature: Name & Designation of the official issuing this certificate: (Seal)
Counter signature of head of the Branch confirming the correctness: (Seal)