Compliance Management in Corporate Credit Portfolio – plan your strategy -Part II

 

Purpose For expansion of  processing capacity.
Project cost The cost of the project is estimated at ……lakhs  with D/E of …..
Margin / Promoter’s Contribution 25.00% By way of promoters contribution Equity/ internal accruals/ unsecured loans
Rate of Interest

MCLR + …% i.e. 11.10% at present with monthly rest.

The One Year MCLR effective on the date of sanction / review shall be linked to arrive at effective ROI and shall remain same for the period of one year or up to next review whichever is earlier.

Primary Security Hypothecation of plant & machineries created out of the Bank finance.
Security- Collateral As mentioned below
Personal /Corporate Guarantee As mentioned below
Penal Interest on default Payment Failure in timely repayment of loan installments & servicing of interest, penal interest to be charged at the rate of 2% per annum over and above the applicable ROI and/or at such rate to be decided by the bank from time to time.
Tenor (Door to Door)   …. years and ….. months 
Moratorium Periods  … months from the date of disbursement.
Repayment  The proposed loan to be repaid in …..equal monthly installments of Rs…… Lakhs each, of which last installment to be adjusted accordingly to square off the complete loan on the 60th installment. Interest during moratorium and repayment period shall continue to be service monthly as and when charged.
Disbursement Directly to suppliers as per draw down schedule on infusion of stipulated margin. 
Insurance The assets created out of the Bank’s funds and other movable / immovable fixed assets and stocks charged to banks as security will be comprehensively insured for the full value against risk of loss due to fire or any other risk pertaining to assets. The policy will be taken in the joint names of the banks and the borrower with standard bank clause, the cost of which to be borne by the company. The Bank, if deemed necessary reserves the right to insure the mortgaged property offered as collateral security to secure the loan and in such cases, the amount of premium will be recoverable from the company.
Inspection Quarterly inspection / as per extant guidelines of the bank.
Upfront fees As per the extant Bank’s guidelines
Documentation Charges As per the extant guidelines 
CIBIL, CRIF & CERSAI charges  As applicable to be recovered by the company before disbursement.
Legal Expenses Actual legal expenses incurred by the banks for documentation, filing of charges, etc. to be borne by the Company.
Interest tax, levies and duties Interest tax / other levies / duties, if any, applicable, shall be payable by the Company over and above the rates mentioned hereinabove.
Inspection, supervision and other charges  As per extant guidelines
Pre-payment charges The charges ………..% p.a
Undertakings

The Promoters shall undertake that during the tenure of the loan:

  1. shall ensure to bring in the entire equity contribution/unsecured loan/internal accruals envisaged for the project;
  2. shall infuse ….% equity contribution upfront prior to seeking first disbursement and balance equity contribution in pro-rata as per the debt equity ratio;   
  3. shall retain management control of the Company during the tenor of the Facility;
  4. shall arrange funds or meet any cost overrun of the project cost/shortfall in resources of the project company in respect of completion of the project; 
Project Monitoring 
  1. The Borrower shall provide evidence to  the bank that the physical progress of the project as well as expenses incurred are as per schedule.
  2.  The Borrower shall furnish quarterly reports to the bank giving details on physical progress of the project vis-à-vis project implementation schedule, expenditure incurred on the project and means of financing thereof including own contribution brought in, duly certified by a Chartered Accountant as well as compliance of other lending conditions.
  3. The facilities of the Borrower shall be inspected by the bank officials /authorized representative on regular intervals preferably on quarterly basis.
  4. The borrower has to furnish the details of expenses incurred on the project along with required invoices/bills/vouchers before seeking further disbursement in the account.
  5. The bank would have a right to conduct a review of the project at any time prior to the completion of the project.
Financing related conditions
  1. The borrower shall seek pro rata reduction of borrowings (in Debt-Equity ratio) from Lenders to the extent of savings in the Project cost. 
  2. Any subsidy obtained post-implementation of the project shall be deposited in the project account and shall be utilized for partial repayment of the term loan or for other purposes with the prior written permission of the Lender.

Sanction of term loan for expansion of  production lines to enhance capacity is based on sound assessment of the performance of the unit and it’s capacity to service the debt. Condition subsequent requires  inspection, documentation, creation of charge , external & internal rating , valuation, obtaining credit report about the suppliers, comparing the cost with industry average, chartered engineer’s report etc. Generally  bank officials are familiar with these norms based on which disbursements are made. Conditions subsequent are part of regular monitoring till installation and commencement of business with the enhanced capacity. Delay in commencement of business, beyond the prescribed time period permitted in regulatory guidelines result in impairment of the account due to technical reasons. It is important to ensure end use of the loan, for which periodic visits are necessary. 

Disbursement of fund as per debt equity permitted in the sanction is crucial to ensure that the promoter provides required margin for installation of new capacity. In case of multiple term loans there is a possibility that installment of previous loans are serviced with the proceeds of fresh term loan .The bank officials have to be vigilant about the beneficiary of the fund. In case LC is issued in favour of the supplier/contractor, it is necessary to obtain prior credit reports from accredited credit  report providers. Periodically valuation has to be conducted and empanelled chartered engineer’s report is to be obtained for the purpose. 

Generally the borrower provides required information till the disbursement is complete. Thereafter the flow of information is based on the follow up by the branch. It is the task of the concerned official to follow up and verify the authenticity of the statements and cross check with the reports submitted by the engineer etc. Periodic visit becomes more important at the stage where  significant disbursement has taken place. The project should include provision for cost over run , which may be a cause of delay in implementation. The bank has to be vigilant about use of short term fund for long term purpose , for which close monitoring of working capital account is essential. Such aberrations are evident from the stock statements submitted, regular transactions in the account , unwillingness to cooperate at the time of field visit, etc. The entire work should not be entrusted on the relationship manager. Monitoring simultaneously by another official would be effective in identifying weakness of the borrower. The obligors are aware of the bank’s concern for maintaining the standard status of the account and at the end of the quarter pressurize the ban to release term loan  primarily for servicing old dues. At that point of time  bank officials have to be vigilant , since they may withdraw fund from working capital account although there may not be sufficient stock/ debtors available to cover the DP. They will cover it by procuring goods on credit . Regular visit of the unit could protect the interest of the bank, since any departure from the normal flow of work will attract attention. This will also be reflected in the transactions. 

Bank has to be sensitive to the performance of the sister concerns also. Any shortage of fund in one unit will be compensated by withdrawal of fund from another unit. Gradually both the units will be sick. Performance of the group companies are to be assessed simultaneously, for which obtaining market information is necessary. Obtaining insurance policy and assignment of the same is crucial , since any accident or fire may result in stoppage of the work and delay in repair will reduce the value of the security . In order to avoid erosion of the security bank has to visit the unit frequently. This  is possible if  all the functionaries are assigned the responsibility of visiting the financed units in rotation and the reports are to be examined along with the statements submitted by the borrower.


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