Areas of serious concern requiring Focussed Attention-
We list below certain common deficiencies, though not exhaustive, nevertheless illustrative LFAR 2016-17 - Certain Common Deficiencies – Bullet Points Sr. (indicative only – not exhaustive) No. 1 Single borrower limit, Group Borrower limit sanctioned and exceeded by overseas and domestic branches during FY 2016-17 2 Need to improve/strength overall internal control to avoid special report accounts 3 The capital and other contracted commitments of boffowers are not considered to assess the overall risk profile. 4 CERSAI registration is not done 5 Credit Sanction not acknowledged by the Borrowers and the Guarantors 6 Common Seal not affixed and witnessed 7 All required Clearances / Statutory Approvals not obtained from the Competent authorities 8 Insurance Renewal pending 9 Form 60 H not obtained from the Depositor 10 No Lien marked 11 Deposit Receipt not discharged 12 Board Resolution not obtained 13 Share particulars not filled in the Security Delivery Letter 14 Sanction Letters from all the Member Banks in the Consortium not obtained 15 Insurance for the mortgaged properties not available 16 Dematerialization of the Pledged Shares not available 17 Valuation of Prime Security is not made available for verification 18 Credit summation is low 19 Sanction Letter not acknowledged by the Guarantors 20 Borrower has not infused the required capital as per terms of sanction. 21 Verification of stocks becomes difficult when two units are operating at the same address 22 Quarterly Sales Tax Returns not obtained 23 Regular exchange of information amongst lenders not taking place 24 Vetting of Documents not done 25 Non-levy of Penal Interest 26 Documentation Fees not charged 27 Terms of Sanction not complied with 28 Term Loan Instalments pending 29 Debit Balance Confirmation not obtained 30 Property Tax Receipts not held 31 Policy Bond for Insurance of Collateral Security not available 32 Charge not registered with ROC 33 Exercise of Due Care for inter unit transaction found lacking 34 Account overdrawn 35 Original Title Deed of Property is not available 36 NOC from other Bank is required 37 Turnover not routed through the Account 38 Documents incomplete 39 Partnership Firm not registered with Registrar of Firms. 40 Undertaking to retain entire profit is not obtained 41 Change in Constitution - Necessary documentation/Confirmation from competent authorities missing 42 KYC Documents not held 43 Sales Tax Registration Certificate not held on record. 44 Regular Monitoring of information like VAT Returns not obtained 45 Non-Satisfaction of Charge in favour of other Institutions 46 Observations made in the COIR still pending 47 Internal Rating has not been done 48 Broken period Encumbrance Certificate not obtained 49 Pre/Post-Inspection Report has not been done 50 Only Release Deed is in records
51 Limit enhanced. Charge not created.
52 Advance for Land and Flat considered as Short Term Advances 53 CIBIL Report not satisfactory 54 Short Review is done. Account expired. No Renewal done till the date of audit. 55 Closing Stock differs from Stocks which are reckoned for Insurance purpose. 56 Overvaluation of stocks. In some cases, Stocks are under insured.
57 Unit Visit of Property not held
58 Transactions not commensurate with the Limits sanctioned 59 Unit on Leasehold. Lease Deed is not obtained 60 CIBIL Report not verified 61 Unit Visit Report not found on records 62 Bank Clause not incorporated in the Insurance Policy 63 End-use of funds not verified 64 Bills submitted are not proper and complete in respect of the Term Loan disbursed 65 Adhoc granted more than 20% of the Limit 66 Account frequently overdrawn in excess of the discretion of the Branch Officials 67 Age-wise list of Book Debts not received by the Branch – Monitoring CC Accounts difficult 68 Insurance Cover Notes are not regularly obtained in the case of Vehicle Loans 69 Devolvement of LCs - no real substantial / physical assets were covered by the LC s Bills – Found to be only paper transactions with no assets 70 Undertaking from the Borrower / Directors/Partners in Court Cases , is pending to be received 71 Exchange of information among Banks not obtained 72 Credit Audit Report not obtained 73 Inspection of Securities not carried out 74 Devolvement of LCs should be verified immediately to ascertain the actual movement and receipt of goods at factory premises / stores. Monitoring not done.
75 Due Diligence Certificate from the Company Chartered Accountant
not held 76 Periodic Review of Advances not done properly 77 Incomplete RAM Rating by the Branch 78 Latest Search Report unavailable 79 Minutes of the last Consortium Meeting conducted - not on record
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Annexure – II
LFAR 2016-17 - GIST OF DEFICIENCES Deficiencies grouped, in detail, with the Auditors’ Suggestions Non – Performing Assets ➢ Need for improvement/strengthening of overall internal control to avoid quick mortality of advances. ➢ In a few cases, Credit Appraisal for Group & Associate Concern accounts no analysis of total Security Coverage of underlying securities offered by the borrower is clearly made. ➢ The Financial Statements, Projected Financial Statements, etc., submitted by the borrower are not critically analyzed and assessed. ➢ Treatment regarding the Intangible Assets and Intra-Group transactions needs improvement. ➢ The Capital and other contracted Commitments of borrowers are not considered to assess the overall risk profile of the borrower at the appraisal stage. ➢ Key factors or constraint factors attached to the nature of the operation/business/industry of the borrower, needs to be studied properly. ➢ Non-receipt of copies of Income Tax and Wealth tax returns of the guarantors to substantiate the net worth ➢ A comprehensive product linked risk assessment document is not in place. Suggestions ➢ The Bank should design and put in place a product specific and product linked risk analysis document for better appraisal of proposals. ➢ Appropriate training is vital to empower the officials concerned at all levels. Sanctioning / Disbursement ➢ In some cases, it is observed that certain conditions stipulated in the sanction letter are not duly complied with. ➢ Adhoc limits sanctioned need strict monitoring, especially in the case of sanction of such limits to irregular accounts and potential NPAs. Needs close Review. ➢ Conversion of Non-Fund Based Limits to Fund Based Limits should be done after proper re-appraisal. Documentation ➢ Title deeds not deposited, Equitable Mortgage not created; broken period EC not obtained; Legal opinion not obtained. ➢ Certificate of Registration of charge not taken on record. ➢ CERSAI Registration not done. ➢ Valuation not taken afresh once in three years. ➢ Whenever there is difference in value by over 10%, a third valuation not held in few cases. ➢ Consortium Advance: Joint deed / Inter se Agreement not executed. ➢ Revival letter not obtained. ➢ Applications not duly filled in / No sanction letter held on record / Sanction advices not issued to borrowers / No signature of the signatory on the sanction letter. ➢ It is noticed that the sanction letter are more general in nature without striking/deletion of unwarranted conditions or is without including the required terms specific to the loan product. ➢ Insurance Policies not available at branches, under insurance of securities and bank clause missing in insurance policies. ➢ In the category of TL Liqui-rent, the mandatory Tri-partite Agreement among the Borrower, Banker and Tenant not followed in many cases. Suggestions: ➢ It is suggested that documents required including the check list of required documents for each type of loan may be made available “Online” for execution of documents. ➢ Also, the loan shall not be sanctioned/disbursed/ apprised/reviewed/ renewed without updation of online check list by appropriate authority. ➢ The executed documents should be tagged to the advance account to make it operational. System of documentation in respect of Joint/Consortium advances ➢ The staff training, with regard to obtention of documents needs improvement in the case of Syndication, Securitization of Assets through Escrow Arrangements. Knowledge level at the Branch inadequate. ➢ important documents like allocation of DP on a monthly basis, joint inspection reports, consortium minutes, information to be received from joint lenders in case of multiple banking arrangement etc.. is not followed up and obtained. ➢ Even in cases where it is obtained, proper appraisals of such documents are not done at branch level. ➢ The remedial actions to be taken are not followed up with the consortium members. ➢ The interest of the bank for getting share of credits received by the leader, information of allocation of credits from escrow account etc. is not properly done at branch level or is monitored by the controlling offices. ➢ The important matters deliberated at the consortium meetings to protect the interest of the bank are not documented and circulated in the meeting. ➢ The inclusion of such deliberations is not followed up to be included in the consortium minutes.
Review/ Monitoring/ Supervision ➢ The comprehensive renewal of loan accounts are not planned and focused. Branches are also not following up with the borrowers for timely renewal. ➢ The system control of suspension of operations, restrictive operations etc is to be introduced for inculcating discipline at the borrowers point. ➢ The short review and extension of time for renewal are practiced which should be restricted only for genuine cases as sanctioned by the next higher authority of sanction hierarchy. ➢ The list of accounts where short review or extension of review date is permitted should be monitored by the vertical head at the respective ZO. ➢ It is also observed that the monitoring and review of non fund based exposures of borrowers whose fund based limits are under watch category or NPA need improvement. It is observed that in some cases, limits are enhanced/disbursed for meeting the non fund based commitments of sticky and irregular borrowal accounts ➢ The quarterly financial statements and periodical financial reports are are not analyzed properly with special emphasis on business performance and potential impact on cash flows. ➢ No monitoring of the performance of the Company in the form of downloading the quarterly published financial statements of listed companies and studying it for taking appropriate decisions on a timely basis. ➢ Critical analysis of purpose and legal impacts of change /modification in constitution of borrowers, financial re-organization are not done from the risk perspective of the bank as a lender. ➢ Early warning signals of loan accounts Receiving regular information, stock/ book debt statements, Balance Sheet etc. ➢ Stock / Book Debt Statements not obtained by Branches regularly ➢ Tthe Drawing Power is not periodically up dated in the system. ➢ The Drawing Power is not reduced zero when the Branch fails to obtain the Stocks/Book-Debt Statement. ➢ Non-charging of penal interest for delayed submission of stock statement, availing the facility above the Drawing power etc. resulting in impairing the Asset Classification ➢ The Receivables & Book Debts Statements are seen attested by auditors other than Statutory Auditors of the borrowers. Suggestions ➢ The Filing of Book Debt and Stock Statements should be made On line and linked to strengthen the system of calculation of DP, charging of penal interest, etc.
System of scrutiny and follow-up by the bank ➢ Timely receipt of control and monitoring returns like CAF - 1, CAF - 3, CAF -4, ERI, and CSS should be ensured. ➢ Compliance of observations made on these returns is to be improved. ➢ The documentation and filing of unit inspection reports follow up action on concurrent audit reports are lacking at the branches. ➢ Taking immediate action on Concurrent Audit Report, Bank Inspection Report, RBI Inspection Report, etc. ➢ Overall system of review of Stock Statements and Audited financials submitted by borrowers for taking action and follow up, in our opinion needs to be strengthened for effective monitoring / supervision. System of periodic physical verification or inspection of stock, equipment and machineries and other securities ➢ Submissions of Stock Audit Reports are inordinately delayed. ➢ Non-cooperation by the customer to conduct Stock Audit. ➢ Delay from Regional Offices in advising the status of Stock Audit progress is to be avoided. A clearly defined time-frame for completion of Stock Audit. ➢ Officers visiting the borrowers should compulsorily submit the reports. ➢ The Documentation and Filing of Unit Inspection Reports needs improvement ➢ Lack of Follow- up action on Concurrent Audit Reports, at the Branch level. Norms and awarding of Credit Rating ➢ In certain cases, the concerned borrowers have not obtained External Credit Rating in spite of specific stipulation in the Sanctioned Terms. ➢ No additional interest/penalty has been charged/recovered/nor has waiver been obtained, in these cases. Suggestions ➢ The MIS of accounts where short review is done has to be monitored at the ZO level. ➢ The age wise report of pendency should be followed up at the ZO level.
System of monitoring of off-balance sheet exposures including periodic reviews ➢ The branches have to desist from or should be prudent in establishing LCs and BGs for watch category borrower accounts, even though the sanctioned limits are available to the borrower. ➢ Credit Reports of Suppliers have not been obtained even in cases of large exposures, while establishing LCs. ➢ Transport Receipts issued by the approved transporters have not been obtained under the LCs. ➢ The transit insurance on the merchandise has not been insisted on the merchandise under most of the LCs established. Restructuring: - ➢ The terms of restructuring need to be properly communicated to the branches and the Regional Offices for better implementation of structuring package in true spirit. ➢ The revenue impact of the restructuring should be calculated and vetted thoroughly, by way of ● sacrifice, ● interest reversal, ● interest concessions ➢ The recompense clause included in the terms of sanction is not quantified and communicated to the borrower. Suggestions: ➢ A thorough exercise of revisiting the entire restructured accounts should be done to make corrections and/or recoveries in respect of excess provision made, excess interest reversed etc. ➢ The quantification has to be included in the sanction letter itself and any concession/reduction should be as per a new policy guidelines introduced. ➢ The policy guidelines should include treatment of restructured cases turning to be NPA for further activating the legal proceedings, withdrawal of concessions granted on restructure etc need to be specified. ➢ The plaint amount for proceeding for the suit is reported to be the gross amount withdrawing all concessions. However, proper administrative procedures of fixing the plaint amount with the co-ordination of CDR cell and legal department should be made as a policy. Large Advances ➢ To maintain the asset quality of the account, the bank has to evolve a strict monitoring mechanism of suspending/freezing the sanction of non-fund exposures to any borrower once the funded exposures are irregular. ➢ Bank should desist from opening LCs in cases where the Account has become irregular ➢ The sanction of SBLC and Funded limits to meet Non-Funded obligations of the borrower both in Domestic and Overseas exposure should be restricted.