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Debt Recovery Techniques in The Banking Sector, Issues, Problems and Prospects Latest
Debt Recovery Techniques in The Banking Sector, Issues, Problems and Prospects Latest
1.0 INTRODUCTION
Actually, for every successful business, there must be a debt in the sense that one
person or customer must own the owner of a business. Banks are not exempted from
this, this due to the activities involved in their operations.
Debts can be accrued as a result of bank overdraft, frond and forgeries, borrowing and
so on therefore banks recover these debts through the rules and regulations guiding the
institution. The lender will explore all the available sources of repayment of the debt.
The process of recovery is the cove of the management of bad debt as it is quite an
unfriendly exercise carried out by the bank against a default customers to forcefully
retrieve the banks money, in recovery of debt, there must be consideration of the
security position of the bank, borrowers, ability to pay bank the use of debt collections
recover by legal preceding and so on.
Debt recovery can be described as responsible for the effective and economic planning
and regulation of operations of an enterprise in fulfillment of a given purpose or task.
Failed bank recovery debt and financial malpractices defined debt recovery as a means
of any loan, advances, credit, accommodation guarantees, or any other facility, together
with the interest there on which outstanding and unpaid against a customers of a bank
in favour of the bank.
In recovery of debt from the borrower or customers banks do encounter problem
between the customers for inability to pay. Besides, improper documentation, credit
concentration, poor supervision of the funds can or may consequently make the bank to
be unable to meet its obligation.
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such as poor management, loan policy concentration of credit, credit information
emphasizes on income growth and unsound judgment, found and forgeries etc.
Therefore, the federal government set up the Nigeria deposit insurance corporation
(NDIC) to protect the customers which would have resulted to a problem towards their
operation. The Nigeria deposit insurance corporation (NDIC) was establish by decree
No 22 of 1988, the banking system has been singled out for this special protection
because of the vital role bank play in an economy especially in the process of economic
development.
The federal government by decree No 18 of 1994 establishes failed bank (recovery of
debt) and financial malpractice tribunal which has the power to recover debt owed to
failed bank.
Union Bank Plc formerly known as Barcklays Bank was open in Lagos in 1917, the
bank first office in Nigeria was located at the old mariner in Lagos other branches were
opened in Jos and Port Harcourt.
In 1925, the bank was renamed Barcklays Bank Domino colonial and oversees and it
became Barcklays Bank colonial and oversees in 1954.
In 1955, Barckey Bank Domino colonial and oversees was granted licenses in 1960,
regional managers were appointed for the administration of the Eastern, Western and
Northern Nigeria region. As a result of the development the bank was able to open over
50 additional branches between 1959 and 1970; in 1987 Union Bank of Nigeria has
over 200 branches.
In the period of 1979, the performance of the bank was impressive because about 2500
staff voluntary retired under the Union Bank model of early retirement incentive
package. The total staff strength has gone done to 8911 from the 1997 figure of almost
12.00
The gross, earning has grown from N13.8 billion which showed an increase of 33%
over the 10.4 billion in 1997 profit before and after tax increased from N14billion and
N1.2billion in 1997 to N2.1billion and N1.7billion in September 1998 indicating an
increase of 38% and 43% respectively.
Total assets increased by 27% from N81billion in 1997 to N1200 billion in 1998 while
total deposit stood at N77.2 billion in 1998 representing an increase of 30% over
N59.3billion in 1997.
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1.2 STATEMENT OF PROBLEM
Debt recovery in banks play a very important roles in strength and survival of
commercial banks in Nigeria. It has been established that while most debts are declared
bad and unrecoverable by banks former boards and management, Officials of Central
Bank of Nigeria (CBN) and Nigerian Deposit Insurance Corporation (NDIC) claimed
that some of the debtors explained that the banks did not show serious commitment in
recovering the debts, and that was why debtors were not keen in repaying.
Moreover, recent happenings has indicated that a large portion of banks’ bad debts was
in current through loans backed by director and top executives of the banks. Debts can
be declared bad as a result of:
1. Failure to pay outstanding financial obligations by otherwise financially
“hearty” borrowers. This could be the result of fall in expectations, frustration
of goals by unforeseen circumstances, faulty investment decisions or strategies,
unexpected adverse policies.
2. Failure to pay by a borrower that is not in business or is otherwise insolvent.
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The result of the study will help restore back loan advance portfolio. Ensure good
banking system, ensure that loan and C.B.N creditor guideline is adhered to. The result
of this study will provide means how fund borrowed by customers can be monitor to
ensure that the funds are not diverted for other purpose.
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CHAPTE TWO
LITERATURE REVIEW
2.1 DEFINITION OF A BANK
A bank or banker can be defined as “A person or company carrying on the business of
receiving money and collecting drafts, for customers, subject to the obligation of
honouring cheques to the extent of the amounts available in their current account”1
Halsbury Law of England defines a banker as “an individual, partnership or
corporation, whose sole or predominating business, that is, the receipt of money on
current account and the payment of cheques drawn by and the collection of cheques
paid in by a customer” 2.
In other words, a bank is “an institution whose primary/principal operations are
concerned with the accumulation of the temporary idle money or fund of the general
public for the purpose of advancing it to others for expenditure or investment, and
banking therefore, is the business of the institution so described”3.
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The free banking era came to an end when the Banking ordinance of 1952 was
promulgated. This ushered in the era of banking legislation in Nigeria. The ordinance
for the first time restricted the establishment of banks and the practice of banking to
companies holding valid and duly issued licenses.
The promulgation of the 1958 Central Bank ordinance ushered in the era of Central
Banking and the stage was, therefore set for an orderly and rapid development of the
Nigerian financial system. Major development during this period were the
promulgation of the Central Bank Act, 1958, the 1958 and 1962 amendments of the
1958 Banking ordinance and various others that culminated in the promulgation of the
Banking Acts of 1969. Other far reaching development were the establishment of the
money and capital markets and two development banks.
Between 1959 and 1962, Eight (8) new commercial banks were established. Between
1962 and 1970, no new banks were established due largely to the successive increases
in the minimum paid up capital required to establish a bank. The civil war of 1967 –
1970 also contributed to this.
The period, 1970 – 1976 was characterized by growth in the banking system,
especially the merchant banking sub-sector and the licensing of state government banks
and most importantly the indigenisation of the banking sector. The rise of economic
nationalism, which was fuelled by the windfall in oil revenue of the early 1970s led to
this. Banks fell under the category of business in which Nigerians were to have a
minimum of 60% of the equity participation.
The period 1976 – 1986 can aptly be described as one of institutional reassessment
and moderate growth in the banking system, with the number of banks increasing from
twenty-one (15 commercial /cooperative banks and 6 merchant banks) in 1976 to forty-
one (41) banks in 1986 (comprising of 29 commercial banks and 12 merchant banks).
An interesting development beginning from 1977, was the establishment of a new
generation of private banks owned by Nigerian and foreign private interests. The first
of such banks was Societe Generale Bank of Nigeria established in 1977, ABC
Merchant Bank became, in 1984, the first merchant bank to be 100% owned by
Nigerian investors.
The period, 1986 – 1992 can be rightly described as that of economic deregulation and
financial system liberation, as a result of the introduction on Structural Adjustment
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Programme (SAP) on July 1, 1986. The new responsibilities of the banking system
now included the foreign exchange market, increased emphasis on export financing
and enlarged volumes of capital issues resulting from the privatization and
commercialization programme. SAP therefore, tremendously expanded banking
business and made the liberalization of bank licensing imperative 4.
(a) RETAIL CREDIT: Retail Credit falls into two main categories namely:
(i) Charge Accounts:- This is often considered credit for convenience sake
since payment is made monthly for purchases made during the previous
months or during a specific billing period. Service charges (or interest
charges) are seldom made on the charge accounts.
(ii) Installment Credit:- Partial payment is made as scheduled intervals
over a period of weeks or months. This is usually based on necessity,
and a service charge or inter is usually added to the basic cost of
installment purchases.
(b) PERSONAL INSTALLMENT LOAN CREDIT: - Since the expansion of
retail credit sales has not been sufficient enough to keep pace with the ever-
increasing needs of the consumer, it is observed in Nigeria today that we have
at one time or at the other needed immediate cash beyond our resources and are
not in a position to borrow from the bank; so personal loan credit has been
developed to meet the needs of the general public. This is very common with
the low income group.
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(c) MERCANTILE (TRADE) CREDIT:- This is credit used to secure goods for
resale in exchange for a promise to pay at some specified future time. The
prime element of mercantile credit is that it is used in exchange of goods
intended for resale with or without further processing by the buyer. Mercantile
credit is the principal medium of exchange in the production/distribution of
goods up to the point of their delivery to the retail merchants.
(d) COMMERCIAL BANKING CREDITS:- This has two primary functions,
which are to receive deposits and to advance funds on the basis of loans, or
discounting credit instruments. By granting short medium and long term credit
to their customers, commercial banks play a vital role in any given economy.
(e) FACTORING:- The term “factoring” once used exclusively to designate the
selling of goods by one person to another on a commission basis, is now
applied to the purchase of account receivable as a business:
(a) The outright purchase (usually at a substantial discount) or account
receivable for cash on a continuing contract basis.
(b) The assumption of all book-keeping and collection responsibilities for
the purchases accounts.
(c) The assumption of any losses that may accrue from the accounts.
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3. All accounts shall be classified as to risk and credit approvals will be based on
product profitability as related to that risk (i.e. Risk classifications could be
prime, good, limited and marginal). The reference to profitability simply
means that the higher the profit, the higher the risk we can afford to take.
4. Customer’s financial condition would be the primary basis for approval (i.e. if
the customer’s financial condition is so bad as to preclude open account
dealings, credit shall not be extended, despite security or guarantee received).
5. Collateral may be accepted in some cases, to back up credit. This should be
accordingly mortgaged.
6. Marginal credit risks would be sold as long as such sales are profitable (i.e.
Profits earned on sales to marginal accounts should exceed bad debt losses
suffered from sales to such accounts).
7. Within the foregoing context, credit approvals should be liberal. (i.e. Minimal
bad debt losses should not be our goal. Maximum profit is our aim).
8. Temporary terms extension would be granted to customers in financial strain if
such extensions are in the best interest of both companies. Some terms
extension benefit the seller and not the buyer. It is in our long-term interest to
make sure that whatever terms extension we grant are of benefit to both parties.
9. Extend selling terms may be established for temporary periods if justified by
extraordinary circumstances and approved by both the sales and credit
Department.
While extended selling terms do not increase sales significantly, it may be
necessary to grant such terms to meet competition. The credit Department,
through its contact with other credit men, both directly and through credit
groups can determine accurately what terms are being offered by competitors.
10. Permanent financing of customers through the medium of extended terms
should not be undertaken. This is to say that we are not in the banking
business, nor should we take an equity position without the possibility of
commensurate reward.
11. The credit Department has all the collection responsibility but in unusual
circumstances, Sales Department assistance may be sought. Impersonal and
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consistently applied collection routines are most effective in the preponderance
of collections.
12. Collection follow-up will be both strict and uniform for all accounts in
accordance with agreed terms.
13. Sound business practice is widely respected and the Credit Department should
through its many contacts with customers, do much to foster such respect.
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On the other hand, a common practice is to give discounts as a means of encouraging
quick payment, this will mean shortening the average collection period to less than 30
days. The application of discount techniques could be in any of the following forms:
i. Cash Discount
ii. Occasional Special Credits, and
iii. Cash Policy.
i. CASH DISCOUNT:- This is distinguished from trade, functional or quality
discount by the fact that it is granted with the objective of inducing a buyer to
pay within a shorter time than is stipulated by the normal credit period.
ii. OCCASSIONAL SPECIAL CREDIT: - Sometimes, inspite of the existing
credit terms, occasional special credit arrangements could be made as part of a
total sales package for one reason or the other. Many companies have had need
at one time or the other to resort to special credit arrangements in order to;
Encourage and retain good customers; increase overall sales and strengthen
customers’ goodwill and cordial relations.
To help build up customers business
To allow customers pay for investments made in capital, and other
equipment over a period of time on special terms embodied in the relevant
contract.
To enable customers have full loads in excess of their limits in order to
enable push sales up so long as they can settle
Purely an inducement to increase turnover
Used in contract accounts where payments are made in stages according to
schedule of project.
iii. CASH POLICY: - No trade credit is offered. Customers pay cash strictly on
receipt of goods. It is often used when the state of competition is said to be
only “moderate” while demand is “high”. This is a strict “cash and credit”
policy.
When a credit period is being considered, there are many things to be taken
into account or consideration. These will include:
a. Current trade practices: - In some sectors of commerce and industry, there are
standardized credit terms for a large number of transactions.
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b. Degree of Competition: - In an extremely competitive situation, credit terms may
be a key factor in obtaining an important reduce space order.
c. Level of profitability: - Some traders are prepared to grant generous credit
facilities if there is a high level of profit on the goods sold.
d. Current demand situation: - The credit period offered will frequently be more
generous if there is a low level of demand at the time of sale.
e. Volume of trade with customer: - Credit facilities may not be granted on small
orders while generous credit facilities offered on larger orders, although, the level
of profit must also be considered especially if quantity discounts are being
provided.
f. Location of the customer: - In some contracts, goods may be in transit for a
considerable period. This should be taken into account in fixing the credit period.
g. Saleability of the product: - In most cases, credit facilities will be more generous
on goods with slow turnover period e.g., machinery and furniture, in contrast to
quick selling items like food and drinkables.
h. Seller’s financial position:- If the seller is short of business, leading to a
financial constraint, he should be prepared to grant generous credit facilities in
order to obtain the much needed order.
i. Buyer’s credit rating:- If the buyer is in financial difficulties, the credit period
granted, if any, will naturally be extremely short.
CREDIT TERMS:- Credit or accounts receivable policies relate to the specific terms
and conditions under which sales or payments should be effected, if credit is given.
The terms may vary with companies, depending on the prevailing economic
conditions or the peculiarities of a particular line of business at any point in time.
Such conditions include, among others, the state of demand and competition, and the
nature of company’s business activity. The factors affecting or determining credit
terms include:
i. TYPE OF CUSTOMERS: - That is, whether the customer is a retailer,
wholesaler or the government. Usually small companies with likely high risks
attract short credit periods. This is typified by the credit terms of some
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companies, where credit period of only 7 days is granted to small scale
distributors while nation-wide big companies enjoy period of 28 days or more.
ii. RATE OF STOK TURNOVER: - Another factor that easily influences credit
terms is the rate of stock turnover, on the part of the buyer. If it takes the buyer a
short time to sell the goods purchased on credit, the period of payment will
depend on his person.
The average collection period ratio tells us the number of days it takes for the
average account to be collected. The accounts receivable turnover ratio, on the
other hand, tells us the number of times the accounts receivable turnover increases
in a year. These ratios are used to evaluate and compare terms of sales,
particularly the length of the credit period as indicated in the credit terms.
In general cases, few companies are found to be consistently and fairly well in
respect of collection periods. For most companies, a lot of capital in account
receivable is tied down. In other words, low average periods of collection
recorded by such companies will necessarily indicate bad credit management
because they are unlikely to enable the companies optimise sales volume.
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2.5.1 CREDIT LIMITS
The objective of establishing a customer’s credit limit or total company credit line is to
ensure that credit is not extended beyond a point at which the probability of default is
considered unacceptable.
In other words, since a company cannot continually extend credit indefinitely, at which
level of risk should insist on “Cash only” policy be adopted.
Analysis of the various views on this issue indicates that majority of companies use the
credit selection yardstick for establishing credit limit. Such instruments as Bank
references, Trade references and financial statements do help in the selection. But a
credit officer, having been satisfied that a particular customer is credit-worthy, the
amount of credit he is worth is a different problem, and may be beyond the scope of the
use of the popular traditional six C’s – capital, capacity, conditions, collateral,
insurance coverage and character.
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g. Granting of approval on new orders only if credit limit is not exceeded and will
not be exceeded when order is serviced.
h. Holding of credit committee meetings, review of ageing analysis of trade
credits and occasional publication of accounts receivable positions.
i. Use of Accounts receivable turnover and average collection period ratios.
j. Consistent check on reasons for divergence between expected default risk and
actual default debts.
1. TRADE REFERENCES: -
Many business firms insist that all prospective credit customers should fill in a credit
application form which generally asks, amongst other things for information that will
lead to the provision of two trade references and one bank reference. In most cases,
letters are sent to the persons or organisations, which have been named. There may be
situations in which telephone calls are considered more appropriate.
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A typical letter of a trade would normally request for the following information:
a. Name of company reported on
b. Number of years of trading experience
c. Maximum credit allowed
d. Normal speed of payment
e. Any other comments
f. Name of reporting official.
2. BANK REFERENCES
Requests for a bank reference will usually be made through the seller’s own bank. An
indication should always be provided through the amount of credit required.
The reply provided by the bank manager, in response to this type of letter will usually
be evasive. This is because the banker has a duty to protect and not damage the image
of his customer based on the facts known to him.
3. PERSONAL VISITS
Special visits may be arranged by sales or credit personnel when requests are received
for credit facilities. With small firms, it may be difficult to arrange visits of this native
largely because of geographical considerations but exceptions may be made with an
important order.
The information obtained as a result of personal visits varies tremendously. Many
large companies seek to build up information regarding the size and the status of the
organisation covering such aspects as; how long it has been established, the type of
business, the condition of the premises and equipment, size of stocks, competitive
situation and any other facts that could be obtained from local contacts. Detailed
records can then be kept regarding all credit customers, with information updated at
regular intervals.
4. STATUS REPORTS
The services provided by credit reporting agencies and trade protective associations
are being increasingly used to obtain status report about prospective customers. A
typical report provides some fairly brief information regarding company history and
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management, trade affiliations, financial structure, mortgages and charges, size of
operations and payments record. The credit manager who has a significant number of
inquiries each month from prospective credit customers should, therefore, seriously
considers the use of status reports.
5. FINANCIAL STATEMENT
All limited companies registered in Nigeria have to lodge copies of their annual
accounts with the Registrar of companies and Allied Matters Commission. Copies of
these accounts can be inspected at the company’s recent history, size, growth record,
and financial strength of the company, analysing and interpreting the balance sheet,
profit and loss accounts over a period of about three years.
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Favourable Factors Unfavourable Factors
- Has good record of payments - Moves frequently
- Is married - Changes jobs frequently
- Pays rent promptly - Has no bank accounts
- Owns a home - Slow in paying rent
- Has a stable employment record - Has a criminal record
- Maintains a checking account -Has a history of bankruptcy
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is involved. All manufacturers, wholesalers and retailers sell goods on credit but their
terms of sale may be very different.
The degree of competition amongst sellers is also likely to be an important factor in
collection procedures. If there is little or no competition in the industry, it may be
possible for the seller to implement strict collection policies, which would be
impossible under more competitive condition.
The profitability of goods sold or services provided should be an important factor when
decisions are made on collection policy. If there is a substantial margin of profit on
sales, a generous credit collection policy may be implemented. The volume of
business with a particular customer must also be considered.
The speed with which goods can be sold by the purchaser may also have a significant
effect on collection policy. If goods are sold for cash within a few days of receipt e.g.,
with many food and drink products, prompt settlement would normally be expected.
On the other hand, goods which may take many months to sell e.g., machinery and
furniture, are likely to be the subject to more generous credit policies.
The corner stone of every collection policy should be PROMPTNESS, REGULARITY
AND SYSTEMISATION. In fact, promptness and methodically preplanned program
that can be adapted to different situations.
i. THE LEDGER PLAN:- Involves the use of the creditors’ ledger records.
These are inspected frequently on regular intervals to detect which accounts are
overdue. This plan requires that an efficient book-keeping system is
maintained.
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ii. THE CARD TICKLER SYSTEM:- Involves the use of a file divided usually
into 31 compartments on a monthly basis. A card on which details of each
debtor’s account (ie., the amount, due data, past due amounts and collection
efforts so far made). Its position indicates the time when next collection effort
will be made.
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i. SEQUENCE:- This is the order in which the various methods are arranged
and
ii. INTERNAL:- This relates to the frequency of the use of various efforts,
methods or means of collecting debts which include;
a. Letters
b. Personal visits
c. Debt collectors
d. Solicitors
e. Litigation
Generally, the sequence often adopted in the debt collection process is as follows:
a. Statements and Invoices
b. Letters
c. Reminders
d. Personal visits
e. Debt collectors
f. Solicitors (Threatening letters)
g. Litigation.
c. TELEPHONE CONVERSATION:-
Some credit executives make use of the telephone system when debts are overdue,
especially when there is a well-known contact man at the other end who can arrange
for prompt payment or can influence those people responsible for payment. The major
draw-back of this method of approach in Nigeria is the nonfunctioning of the telephone
system.
d. PERSONAL CALLS
When debts are considerably overdue, calls may be arranged by sales or credit
personnel. There are strong differences of opinions regarding the relationship between
sales, credit and accounting staff in the organisation. It should also be noted that
personal visits by senior credit executives can be very expensive in terms of time, cost
and expenses incurred, except for big overdue accounts.
e. COLLECTION AGENCIES
When a debt is considerably overdue and normal collection methods have failed, the
company may turn to an outsider for assistance. In some circumstances, a solicitor
may be consulted, and in other cases, debts are handed over to agencies for collection
purposes.
Before choosing an agency as much information as possible should be collected to
ascertain its credibility in terms of history ability to handle the accounts, major
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companies worked for, approaches, rates charged, clients and past records regarding
recovery of debts, etc.
The point should also be made here that there is little or no point in taking legal action
if there is no real hope of recovery of the outstanding debt i.e., if the debtor is likely to
be insolvent.
There is no doubt that the ability of any company to formulate and implement sound
credit policies will, to a large extent, depend on top management’s conception of the
significance of credit function in their organisations.13
1. INTEREST IN LAND
Under the Land Use Act of 1978, security of land is confined to a right of occupancy in
land. This is evidenced by a certificate of occupancy issued by the State Governor. A
title document can be in the form of certificate of Occupancy or conveyance duly
registered before the Land Use Act in 1978. it may also be a lease for a reasonable
number of years or an assignment of such a lease, made after the promulgation of the
Land Use Act, which must have the consent of the State Governor.
A legal charge can be created in form of a legal Mortgage or a Debenture. It is created
by a demise for a term of years absolutely subject to a proviso for or by a charge by
deed expressed to be by way of legal mortgage or by assignment with a proviso for
Casers on redemption.
Before binding himself to give credit, the lender should search the land’s Registry to
ascertain that the property is unencumbered and that the would-be borrower has good
title. Thereafter, provided all matters are right and terms of credit have been agreed
upon and appropriate draft is prepared for the consideration of both parties and if the
draft is not objected to by both parties, the documents are endorsed for execution.
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STOCKS AND SHARES:-
Stocks and shares of companies listed on the Nigerian Stock Exchange may also be
used to secure loans and advances. The mortgage of shares can either be legal or
equitable. A legal mortgage is effected by taking steps to transfer the shares and
getting them registered in the lender’s or his nominee’s name. An equitable mortgage
is effected by depositing with the lender the share or stock certificates with or without
delivery of a blank transfer form to the lender.
GUARANTEE:-
This is a personal security predicated on the existence of a contract of guarantee
between the lender and a third party known as the surety or guarantor in consideration
of a specific advance to a debtor. This must be supported by a valuable consideration.
The deed of guarantee is enforceable against the guarantor unless he signs it. Unless
otherwise provided, a guarantor is not liable for debts incurred before the execution of
the guarantee.
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DEPOSIT OF TITLE DOCUMENTS TO GOODS:-
To have a charge on the documents because of its essentiality when it comes to
transfer. The Bills of Sales or Bills of Sale Acct 1879 affected individuals and
therefore charges created by companies on documents of title were not void as
unregistered Bills of Sale. Security on goods is not complete unless there has been
actual delivery of the goods. A constructive delivery is also sufficient. It may be by
handling over the keys to the store or warehouse where the goods are stored, delivery
of valid documents of title such as Bill of Lading or an acknowledgement by the
warehouse keeper that he holds the goods on behalf of the creditors. This is called
atonement.
INSURANCE POLICIES:-
There are various types of insurance policies. There are, however, only two of these
that are popularly acceptable as security. These are Life Insurance Policies and
Mortgage Protection Insurance Policy.
LIEN ON DEPOSITS:-
A borrower obtains credit on this basis when he has invested by depositing for a fixed
period in the bank, and is in dire need of working capital. The lender can only obtain
as credit the sum standing to his credit in his account with the Bank or else, he cannot
obtain more. The form of security is easy to take and needs only be in writing, duly
signed by the borrower as evidence of the lien should the situation arise.
LETTER OF HYPOTHECATION:-
This gives a charge over the goods but the borrower retains possession. It is common
in cases where it is actually impossible to give the lender possession.
This kind of security is unreliable in that it offers no control over the goods.
LETTER OF COMFORT/AWARENESS:-
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This is written acknowledgement of the borrower to the lender by a person of repute,
whether corporate or individual, supporting the credit transaction, but without any
liability or commitment on his part.
NEGATIVE PLEDGE:-
This is a commitment or undertaking by the borrower to the lender not to charge its
assets in favour or a third party so long as the loan remains unpaid. There is no charge
created. Where the understanding is violated the only remedy for the lender is to call
up the loan or sue for it. A negative pledge may cover the existing assets, then assets
subsequently acquired can be mortgaged.14
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It is when the loan or financial accommodation so granted is not repaid according to
the repayment programme, or at all or where the credit facility granted for a fixed term
has expired, and though not renewed the account remains in debit thereafter, and all
necessary demands by the Bank on the customer to put the account into funds (i.e.,
make it active) remain unheeded. A cursory look at the Annual Reports and Balance
Sheets of some of the Banks shows huge provisions for bad and doubtful debts are
made annually.
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ii. Levying Execution on the Debtor’s Property and Assets:- The debtor’s property
or Assets could be sold levying execution and obtaining “writ of attachment and sale”
from the Registrar of the Court. The court sheriff would then have the debtor’s
residence sealed off and may proceed to seize some of his property/assets for sale. A
garnishee order or ex-pâté motion may be granted stating that the debt must be paid
within a time limit or execution may be leveled against him, if he defaults.
iii. Bankruptcy Of Debtor:- The debtor may be declared bankrupt as means of
getting him to pay the debt or make him suffer some disabilities as a deterrent to others
in line with the provisions of Bankruptcy Act of 1979 for individuals and partnerships
or winding up of the debtor company in line with the rules and procedures contained in
the Companies Act, 1968 and Companies and Allie Matters Decree, 1990.
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CHAPTER THREE
RESEARCH METHODOLOGY
3.1 INTRODUCTION
This chapter covers the description and discussion on the various techniques and
procedures used in the study to collect and analyze the data as it is deemed appropriate
1+N (e)2
1 = Constant
33
.: n = 134 = 134 = 134
1 + 134 (0.05)2 1+134(0.0025)
1+0.335
n = 134 = 100
1.335
The sample size therefore is 100 respondents.
Data for this study was collected from primary and secondary sources. The primary
source of data collected was mainly the use of a structured questionnaire which was
issues problems and prospects. The secondary source of data collections were
The instrument of this study was subjected to face validation. Face validation tests the
contains. Face validations therefore aims at determining the extent to which the
questionnaire is relevant to the objectives of the study. In subjecting the instrument for
face validation, copies of the initial draft of the questionnaire will be validated by
instrument with specific objectives of the study and make useful suggestions to
improve the quality of the instrument. Based on his recommendations the instrument
will be adjusted and re-adjusted before being administered for the study.
34
3.7 RELIABILITY OF INSTRUMENT
Etuk (2019), a test-retest coefficient of 0.5 will be enough to justify the use of a
research instrument.
This study is based on the two possible sources of data which are the primary and
secondary source.
a. Primary Source of Data: The primary data for this study consist of raw data
other periodicals.
Data collected will be analyzed using frequency table, percentage and mean score
analysis while the nonparametric statistical test (Chi- square) was used to test the
formulated hypothesis using SPSS (statistical package for social sciences). Haven
gathered the data through the administration of questionnaire, the collected data will
be coded, tabulated and analyzed using SPSS statistical software according to the
research question and hypothesis. In order to effectively analyze the data collected for
easy management and accuracy, the chi square method will be used for test of
independence.
35
Chi square is given as
X2 = ∑ (o-e)2
o = observed frequency
e = expected frequency
When employing the chi – square test, a certain level of confidence or margin of error
has to be assumed. More also, the degree of freedom in the table has to be determined
in simple variable, row and column distribution, degree of freedom is: df = (r-1) (c-1)
r = number of rows
c = number of columns.
In determining the critical chi _ square value, the value of confidence is assumed to be
36
CHAPTER FOUR
4.1 INTRODUCTION
This chapter deals with the presentation and analysis of the result obtained from
questionnaires. The data gathered were presented according to the order in which they
were arranged in the research questions and simple percentage were used to analyze
the demographic information of the respondents while the chi square test was adopted
Cumulative
Table 1 above shows the gender distribution of the respondents used for this study.
65.0percent of the population are male. 35 which represent 35.0 percent of the
37
Table 2: Age range of Respondents
Cumulative
Frequency Percent Percent
Table 2 above shows the age grade of the respondents used for this study. Out of the
Cumulative
Frequency Percent Percent
WASSCE/GCE/
25 25.0 45.0
NECO
38
Table 3 above shows the educational background of the respondents used for this
study. Out of the total number of 100 respondents, 20 respondents which represent
20.0percent of the population are FSLC holders. 25 which represent 25.0percent of the
Cumulative
Frequency Percent Percent
Valid Single 30 30.0 30.0
Married 55 15.0 45.0
Divorced 5 20.0 65.0
Widowed 10 15.0 80.0
Total 100 100.0
Source: Field Survey December 2023.
Table 4 above shows the marital status of the respondents used for this study. 30
widowed.
Cumulative
Frequency Percent Percent
Valid Civil servant 25 25.0 25.0
Self-employed 15 15.0 40.0
Students 25 25.0 65.0
Unemployed 35 35.0 100.0
Total 100 100.0
Source: Field Survey December 2023
39
Table 5 shows the category of respondents used for the study. 25 respondents
unemployed.
Cumulative
Frequency Percent Percent
Table 6 shows the responses of respondents if there are debt recovery techniques in
banking sector. 30 respondents representing 30.0percent strongly agreed that there are
agreed that there are debt recovery techniques in banking sector. 10 respondents
disagreed that there are debt recovery techniques in banking sector. 8 respondents
representing 8.0percent strongly disagreed that there are debt recovery techniques in
banking sector.
40
Table 7: There are no problems of debts recovery in the banking sector
Cumulative
Frequency Percent Percent
Table 7 show the responses of respondents if there are no problems of debts recovery
that there are no problems of debts recovery in the banking sector. 15 of the
strongly disagree that there are no problems of debts recovery in the banking sector.
Table 8: There are ways to improve debt recovery in the banking sector
Cumulative
Frequency Percent Percent
41
Table 8 show the responses of respondents if there are ways to improve debt recovery
that there are ways to improve debt recovery in the banking sector. 25 of the
respondents representing 25.0percent agree that there are ways to improve debt
of the respondents representing 5.0percent disagree that there are ways to improve
Table 9: Debt recovery in banks play a very important roles in strength and
survival of commercial banks in Nigeria
Cumulative
Frequency Percent Percent
Table 9 shows the responses of respondents if debt recovery in banks play a very
respondents representing 25.0percent strongly agree that debt recovery in banks play a
the respondents representing 32.0percent agree that debt recovery in banks play a very
42
representing 15.0percent disagree that debt recovery in banks play a very important
representing 15.0percent strongly disagree that debt recovery in banks play a very
Table 10: Most debts are declared bad and unrecoverable by banks former
Cumulative
Frequency Percent Percent
Table 10 show the responses of respondents if most debts are declared bad and
representing 65.0percent strongly agree that most debts are declared bad and
representing 30.0percent agree that most debts are declared bad and unrecoverable by
undecided. 3 of the respondents representing 3.0percent disagree that most debts are
declared bad and unrecoverable by banks former boards and management. 2 of the
respondents representing 2.0percent strongly disagree that most debts are declared bad
43
CHAPTER FIVE
44
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47
APPENDIX I
QUESTIONNAIRE
answer (s) from the options or supply the information where necessary.
1. Gender
a. Male
b. Female
2. Age range
a. 20-30
b. 31-40
c. 41-50
d. 51-60
e. Above 60
3. Educational qualification
a. FSLC
b. WASSCE/GCE/NECO
c. OND/HND/BSC
d. MSC/PGD/MBA/PHD
e. Others
4. Marital Status
a. Single
b. Married
c. Divorced
d. Widowed
5. Category of Respondent
a. Civil Servant
b. Self Employed
c. Students
d. Unemployed
48
SECTION B
QUESTIONS ON DEBT RECOVERY TECHNIQUES IN THE BANKING SECTORS
ISSUES PROBLEMS AND PROSPECTS.
6. There are debt recovery techniques in banking sector.
a. Strongly agreed
b. Agreed
c. Undecided
d. Disagreed
e. Strongly disagreed
7. There are no problems of debts recovery in the banking sector.
a. Strongly agreed
b. Agreed
c. Undecided
d. Disagreed
e. Strongly disagreed
8. There are ways to improve debt recovery in the banking sector.
a. Strongly agreed
b. Agreed
c. Undecided
d. Disagreed
9. Debt recovery in banks play a very important roles in strength and survival of
commercial banks in Nigeria.
a. Strongly agreed
b. Agreed
c. Undecided
d. Disagreed
e. Strongly disagreed
10. Most debts are declared bad and unrecoverable by banks former boards and
management.
a. Strongly agreed
b. Agreed
c. Undecided
d. Disagreed
e. Strongly disagreed
49
50