Loan take over- confidention opinion of bank
Debasis Ghosal
(Querist) 09 September 2012
This query is : Resolved
Dear Sir,
Can any one help me in providing any circular relating to the time limit of the bank to send confidential report of customers to the other bank who is intending to take over the facilities.
R.K Nanda
(Expert) 09 September 2012
Ask from bank officials as it is the bank
internal matter.
Debasis Ghosal
(Querist) 09 September 2012
Dear Sir,
I beg to differ with u. I wanted to know suppose u are having a loan with a bank and want to make a balance transfer then as per the RBI rule the bank which is going to take over the loan needs a confidential opinion from the former bank.
My question is if the former bank which is holding the loan refuses/neglects to provide the opinion then what is the remedy available to the loan holder ? is there any RBI circular in this regard
ajay sethi
(Expert) 09 September 2012
RBI/2011-12/551
DBOD.No.BP.BC-104/21.04.048/2011-12
May 10, 2012
The Chairman and Managing Director/
Chief Executive Officer of
All Scheduled Commercial Banks
Dear Sir,
Transfer of Borrowal Accounts from One Bank to Another
Please refer to our circular IECD.No.20/08.12.01/97-98 dated December 2, 1997, in terms of which banks were advised to incorporate the necessary safeguards to be observed in the case of transfer of borrowal accounts from one bank to another as a part of their lending policy/procedures.
2. However, of late we have been receiving references/complaints that critical information on the health of the borrowal accounts being taken over is not being shared by the transferor bank with the transferee bank, resulting in inadequate due diligence at the time of taking over of accounts.
3. Therefore, we advise that:
a) Banks should put in place a Board approved policy with regard to take-over of accounts from another bank. The policy may include norms relating to the nature of the accounts that may be taken over, authority levels for sanction of takeover, reporting of takeover to higher authorities, monitoring mechanism of taken over accounts, credit audit of taken over accounts, examination of staff accountability especially in case of quick mortality of such cases after takeover, periodic review of taken over accounts at Board /Board Committee level, Top Management level, etc.
b) In addition, before taking over an account, the transferee bank should obtain necessary credit information from the transferor bank as per the format prescribed in our circular DBOD.No.BP.BC.94/ 08.12.001/2008-09 dated December 8, 2008 on “Lending under Consortium Arrangement/Multiple Banking Arrangements”. The format is furnished in Annex. This would enable the transferee bank to be fully aware of the irregularities, if any, existing in the borrower's account(s) with the transferor bank. The transferor bank, on receipt of a request from the transferee bank, should share necessary credit information as per the prescribed format at the earliest.
Yours faithfully,
(Deepak Singhal)
Chief General Manager-in-Charge
--------------------------------------------------------------------------------
Annex
Format for sharing credit information
at the time of transfer of borrowal accounts
Part - I
Bio Data of the Company
I.
Borrowing party's name and address
II.
Constitution
III.
Names of Directors / Partners
IV.
Business activity
*
Main
*
Allied
V.
Names of other financing Banks
VI.
Net worth of Directors / Partners
VII.
Group affiliation, if any
VIII.
Date on associate concerns, if banking with the same bank
IX.
Changes in shareholding and management from the previous report, if any
Part - II
Major Credit Quality Indicators
I.
IRAC Classification
II.
Internal Credit rating with narration
III.
External Credit rating, if any
IV.
Latest available Annual Report of the borrower
As on ---------------
Part - III
Exposure Details other than Derivatives
(Rs. in crore)
I.
Type of credit facilities, e.g. working capital loan / 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).
II.
Purpose of loan
III.
Date of loan facilities (including temporary facilities)
IV.
Amount sanctioned (facility wise)
V.
Balance outstanding (facility wise)
VI.
Repayment terms
VII.
Security offered
*
Primary
*
Collateral
*
Personal / Corporate Guarantees
*
Extent of control over cash flow
VIII.
Defaults in term commitments / lease rentals / others
IX.
Any other special information like court cases, statutory dues, major defaults, adverse internal / external audit observations
Part - IV
Exposure Details - Derivatives Transactions
(Rs. in crore)
Sr.
No.
Nature of the Derivatives Transactions
Notional Amount of Contracts
Weighted - Average Maturity of Contracts
Amount of Positive MTM for the Bank (Not due for settle-
ment)
Amount of Contracts classified as NPA
Notional Amount of Out-
standing Contracts which have been restru-
ctured
Major Reasons for restru-
cturing (in brief)
A.
Plain Vanilla Contracts
1.
Forex Forward contracts
2.
Interest rate Swaps
3.
Foreign Currency Options
4.
Any other contracts (Please specify)
B.
Complex derivatives including various types of option combinations designed as cost reduction / zero cost structures
1.
Contracts involving only interest rate derivatives
2.
Other contracts including those involving foreign currency derivatives
3.
Any other contracts (Please specify)
Part - V
Un-hedged Foreign Currency Exposures of
the Borrower with Currency-wise Details
(Rs. in crore)
I
Short term exposures (less than one year)
(a)
Long positions
(b)
Short positions
(c)
Net short- term exposure (a-b)
II
Long term exposures (one year and beyond)
(a)
Long positions
(b)
Short positions
(c)
Net long-term exposure (a-b)
III
Overall Net Position (I -II) for each currency
(Please give Overall Net Position in this format for each currency)
IV
Overall Net Position across all
currencies
Part - VI
Experience with the Borrower
I.
Conduct of funded facilities (based on cash management / tendency to overdraw)
II.
Conduct of contingent facilities (based on payment history)
III.
Compliance with financial covenants
IV.
Company's internal systems & procedures
V.
Quality of management
VI.
Overall Assessment
(The above to be rated as good, satisfactory or below par only)
(*) Broad guidelines for incorporating comments under this head is furnished in the next page
Broad Guidelines for Incorporating Comments under Part - VI
(Experience) of the Credit Information Report
Good
Satisfactory
Below Par
I.
Conduct of funded facilities
*
Over-drawings (No. of times)
Upto 4 times
5 to 6 times
Above 6 times
*
Average period of adjustment
Within 1 month
Within 2 months
Beyond 2 months
*
Extent of overdrawings (% of limit)
Upto 10%
10 to 20%
Above 20%
II.
Conduct of contingent facilities (Other than Derivatives)
*
No. of Defaults
Upto 2 times
3 to 4 times
Above 4 times
*
Average period of adjustment
Within 1 week
Within 2 weeks
Beyond 2 weeks
III.
Conduct of Derivatives Transactions
*
No. of contracts where the positive MTM value due to the bank remained overdue for more than 30 days
50% of total number of contracts
*
No. of contracts where the positive MTM value due to the bank remained overdue for more than 90 days and the account had to be classified as NPA (but later on regularized and is not NPA as on the date of exchange of information)
Note : All cases where any of the contracts has been classified as NPA and continues to be NPA as on the date of the exchange of information should be shown as Below Par)
5% of total
number of
contracts
*
No. of contracts restructured during the relevant period
50% of total number of contracts
IV.
Compliance with financial covenants
*
Stock statement / Financial data
Timely
Delay upto 15 days
Delay over 15 days
*
Creation of charge
Prompt
Delay upto 2
months
Delay over 2
months
V.
Company's internal systems and procedures
*
Inventory Management
Adequate systems are in place
Adequate
systems are
in place but
not adhered
Adequate systems are not in place
*
Receivables Management
- do -
- do -
- do -
*
Resource Allocation
- do -
- do -
- do -
*
Control over Information
- do -
- do -
- do -
VI.
Quality of management
*
Integrity
Reliable
Nothing adverse
Cannot be categorized in previous columns
*
Expertise Competence / Commitments
Professional & visionary
Have
necessary
experience
-do-
*
Tract Record
Timely
Executions /
-do-
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R.K Nanda
(Expert) 09 September 2012
As per RBI guidelines the former bank is bound to supply all information related to its account holders to bank who is taking over.
Debasis Ghosal
(Querist) 09 September 2012
My question is what is to be done if the former bank is making a delay in sending the report on one plea or the other .By what time should the bank send the reply
R.K Nanda
(Expert) 09 September 2012
File written complaint in banking
ombudsman and in RBI against the former bank.
