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Position of The Bank - Rene, Yifredew
Position of The Bank - Rene, Yifredew
Position of The Bank - Rene, Yifredew
Learning Objectives
In this module we will focus on the position of the bank, one of the pillars of the three- pillar
model. We will discuss the importance of risk management before disbursement, and risk
management after disbursement, as well as the monitoring process.
The more knowledge the financial institution has of an Agri sector, the better it understands the
sector and the better equipped it is to organize the risk management process.
We will discuss the importance, but also the limitations, of a strong collateral. Position
of the bank
Conclusion / Recommendations
The last source of repayment, when the other two do not cover all the losses, is collateral or
security; if the other 2 sources are not sufficient to repay your loan, collateral should be
executed. For example, by (legally) taking over the pledged or assigned stocks and sell them
on the market yourself, or even by selling the client's property.
1. Risk Management
The credit base refers to all the parties that need to stay in good financial health during
the life of the loan or credit facility. Examples are guarantors, contract parties, major
suppliers and off-takers, shareholders, other group entities.
Once this has been determined, you should check whether there is structural
subordination (worse off as lender). Or, in a better scenario whether, as a lender, we
are structurally senior (in a better position).
If you are confronted with structure risks, it should be clear whether sufficient
mitigations are in place. Normally, a bank will impose certain conditions to reduce
these risks and protect the position of the bank if things turn bad.
2. Monitoring
The basis of credit risk monitoring is the monitoring plan which should be drawn up
with the customer wherein review moments are agreed upon.
Once a loan has been disbursed, adequate monitoring must ensure that the loan
stipulations are followed over time and that the financial soundness of the financed
company does not show an unfavorable development. A monitoring plan,
comprising the loan stipulations that must be controlled, must be drawn up and
followed.
3. Collateral
Repayment capacity from ongoing business operations must represent the primary
source of repayment for each loan transaction and relationship. Even though
collateral liquidation is generally only an alternative source of repayment, analysis of
this source is important in determining a sound credit package.
Collateral can be segregated by the following general categories which are
presented in the order of liquidity:
Current assets: this category includes all items that a customer would typically convert
to cash in less than one year in the ordinary course of business. These security items
might include marketable securities, accounts receivable, inventories, livestock.
Machinery and Equipment: these security items can include farm related machinery
and equipment, manufacturing and processing equipment.
Real Estate: this category includes agricultural land and facilities. These collateral
items are generally slowly depreciable and provide stable security for long-term loans,
but the market value of the collateral may be affected by cyclical economic
conditions.
Guarantees: in addition to these categories, guarantees provide collateral value as
alternative source of repayment.
Collateral liquidity, or the expected time and transaction cost to convert an asset
pledged as security to cash, is an important consideration in properly securing loans.
Signing the statement will, amongst other things, result in a remaining equal position
of the bank against other creditors.
However, the statement does not prevent:
• other creditors being subject to tighter conditions;
• an accelerated pay off of other creditors;
• those other creditors from making a claim before the bank (this should be
covered by a cross default statement).
Even if no other financing parties are involved, it is advisable to sign a Pari-Passu
statement. The debtor may do business with other financing parties in the future and
provide them with collateral. Based on a Pari-Passu statement, this will be allowed if
the bank has given written approval and will be granted an equal collateral security.
Cross-default:
A cross default statement will ensure that if the debtor and/or any of their subsidiaries
and/or majority participations are in default of their obligations to the bank or any
other third-party creditor, the bank may rightfully re-claim the loan.
A cross default statement ensures that the bank and other creditors can instantly
reclaim their money on an equal basis, without formal notice.
No-change-of-ownership/management clause:
The quality and continuity of management is an important precondition for contract
finance. A material change in management/ownership can be a reason for a bank
to terminate an existing loan. A no-change-of ownership/management clause
ensures the bank can terminate the loan and reclaim its money if substantial changes
in ownership of the debtor, its subsidiaries or majority participations take place.
Material-Adverse-Change Clause (MACC):
This is applicable if circumstances arise that cause the bank to question the debtor's
ability to fulfil its obligations towards the bank, which can lead the bank to revise or
even terminate the money lent. A material-adverse-change clause empowers the
bank in this respect. A material-adverse-clause is very useful in case of distortions, such
Non-dividend declaration:
By signing a non-dividend statement, the debtor ensures that no dividend will be paid
to its shareholders as long as it still owes money to the bank. If the debtor fails to
comply with this statement, the bank is entitled to revise the terms of the agreement
or even terminate it. This statement is designed to prevent a depreciation of a firm's
assets.
If the non-dividend statement is combined with a statement concerning the solvency
ratio, one should assess the situation with caution. A solvency ratio will normally be the
leading statement, since in this instance the bank may, irrespective of the cause,
terminate the agreement if the ratio is not met. On the other hand, as long as a
company meets its solvency ratios it should not be too much of a problem to pay
dividends to the shareholders. Dividend payments can also be reduced by applying
a debt-service ratio.
Information requirements vis-a-vis the bank
Several aspects should be taken into account if the bank and the client agree on
financial or non-financial ratios, these include:
• The agreed statements should fit within the specific situation and should not
be included needlessly;
• A determination of the levels at which the ratios will be set (benchmarking
against other branches may help in this case), and which ratios are currently
being met;
• A review of whether sufficient margin is kept for the envisaged ratios so that
the targeted ratios can, indeed, be met by the client.
• The bank should always review whether the client can still be financed after
determining the level at which the ratios have been set;
• Check whether the client is able to meet the high standards of information
that must be provided;
• Check whether the time and costs incurred by the bank for managing the
agreement is in line with the risk profile of the client.
It is also important that the customer understands the sometime complicated loan. In
the first place, this encourages compliance with the conditions. In the second place,
when the customer is not aware of the conditions they have signed up to, this might
have legal repercussions at a later stage.
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• In this lesson we have seen that collateral is an important insurance for a bank
to prevent losses from non-repayment, although cash flow remains the main
source for paying installments and interest.
• Before disbursement of the loan, the bank should structure its collateral very well and,
following disbursement, a very disciplined monitoring of the loan will significantly
reduce the risks of non-repayment.
• For the financial institute it is important to clearly communicate the structure of the
loan, the repayment structure and other requirements. The financial institute should,
preferably, put all the requirements in the loan contract.
5. Additional literature
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