BPRD
Circular Letter No. 43 of 2009 |
December 31, 2009 |
The
Presidents / CEOs
All Banks/DFIs,
Dear Sir/ Madam,
AMENDMENTS IN PRUDENTIAL REGULATIONS FOR CONSUMER FINANCING
Please refer to Prudential Regulations for Consumer Financing
as amended from time to time.
Based
on review of Prudential Regulations for Consumer Financing
and feedback of the stakeholders, following amendments
are made with immediate effect:
1)
Part-C
The following new regulation will be added after Regulation-5
in the Part–C of the Prudential Regulations for
Consumer Financing:
Regulation
R-5A
Rescheduling / Restructuring of Non-Performing Consumer
Loans:
a) Banks/DFIs should frame policy for rescheduling/
restructuring of non-performing consumer loans. The
policy should be approved by the Board of Directors
or by the Country Head/Executive/Management Committee
in case of branches of foreign banks.
b) For the purpose of rescheduling/ restructuring, banks/DFIs
may:
i) Club or consolidate outstanding amounts on account
of personal loans and credit cards and create one loan.
The new loan so created shall be placed in the lowest
category of classification amongst the classifications
of the loans clubbed.
ii) Convert revolving facility into an installment loan.
iii) Change the tenure of the loan by maximum two years
beyond any regulatory cap on maximum tenure.
c) Rescheduling/ restructuring should not be done just
to avoid classification of loans /advances and provisioning
requirements. In this connection, banks /DFIs shall
ensure that consumer financing facilities of any borrower
should not be rescheduled/ restructured more than once
within 12 months and three times during five year period.
d) While considering rescheduling/restructuring, banks/DFIs
should, interalia, take into account the repayment capacity
of the borrower. The condition of 50% of Debt Burden
Requirement (DBR) mentioned at Regulation R-3 of Prudential
Regulations for Consumer Financing shall not be applicable
to loan rescheduled/ restructured. However, any new
consumer financing facility extended to a borrower who
is availing any rescheduled/ restructured facility shall
be subject to observance of minimum DBR prescribed in
the Regulation R-3 of Prudential Regulations for Consumer
Financing.
e) The status of classification of the non-performing
loans shall not be changed because of rescheduling /
restructuring unless borrower has paid at least 10%
of the rescheduled / restructured amount or six installments
as per terms & conditions of the rescheduling/ restructuring.
However, for internal monitoring purpose, banks/DFIs
may re-set the dpd (days past due) counter of the newly
created loan to “0” dpd.
f) Provisions already held against non-performing loan,
to be rescheduled /restructured, will only be reversed
if condition of 10% recovery or six installments is
met.
g)
If the borrower defaults (i.e. reaches 90 dpd) again
within one year after declassification, the loan shall
be classified as under:
Type
of Consumer Loan |
Classification |
Unsecured |
Loss
|
Secured |
Same
category in which it was prior to rescheduling
/ restructuring. Banks /
DFIs, however, at their discretion may further
downgrade the classification
based on their own internal policies. |
2)
Regulations for Credit Cards
Regulation R-7: Maximum Card Limit:
The
following paragraph will be added in Regulation R-7:
Banks/DFIs
may merge the clean limits to single person for Credit
Cards and Personal Loans subject to the condition that
total clean limit availed by him/her from all banks/DFIs
does not exceed Rs. 2,000,000 at any point in time. It
is re-emphasized that the aggregate clean limit of the
borrower should not exceed Rs. 2000,000 in any case.
3)
Regulations for Personal Loans including Loans for the
Purchase of Consumer Durables
Regulation R-23: Clean Limit per Person for Personal Loan:
The
following paragraph will be added in Regulation R-23:
Banks/DFIs may merge the clean limits to single person
for Personal Loans and Credit Cards subject to the condition
that total clean limit availed by him/her from all banks/DFIs
does not exceed Rs. 2,000,000 at any point in time. It
is re-emphasized that the aggregate clean limit of the
borrower should not exceed Rs. 2000,000 in any case.
All
other instructions on the subject shall, however, remain
unchanged.
Please
acknowledge receipt.
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Yours Sincerely,
Sd/-
(Muhammad
Akhtar Javed)
Additional Director
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