As
you are aware the quantum of non-performing loans (NPLs) has
persistently shown a rising trend. The stock of NPLs accumulated
in the banking sector, has severely affected the financial
health of these institutions. A multi-pronged strategy that
consists of vigorous recovery by the banks themselves, restructuring
under Committee for Revival of Sick Industrial Units(CRSIU),
transfer and subsequent auction of loans by Corporate &
Industrial Restructuring
Corporation(CIRC) has produced some tangible results as far
as the stock of NPLs is concerned. The best guarantee for
the future is that the credit appraisal, approval, documentation
and follow up by the banks themselves ensure that the flow
of NPLs is averted. To facilitate the banks to deal with these
loans in loss category, which have been outstanding on the
books since long and for which the probability of recovery
is almost negligible, the State Bank of Pakistan has developed
a new set of guidelines in consultation with the banks and
Federation of Pakistan Chambers of Commerce and Industry (FPCCI).
2. These revised guidelines/instructions
are issued to facilitate the banks in clearing their stock
of irrecoverable NPLs. However, these instructions/guidelines
do not affect in any way the legal right of financial institutions
to recover the written-off loans if they still wish to pursue
them legally. The benefits of this approach are that the balance
sheets of the banks will be strengthened and the drag of the
NPLs in the lending rate to the borrowers will be eliminated.
3. The Boards of Directors
of the banks are advised to set up a transparent process with
properly delegated authority, internal controls and oversight
to ensure that the process of write-off under these guidelines
is managed and supervised properly.
4. Non Performing Loans
that are classified as loss for 3 years or above have been
divided into three categories viz. A, B & C:
Category
A: Loans having outstanding
amount upto Rs 0.5 million (Guidelines at para ‘9(i)’ below
shall apply).
Category
B:
Loans having outstanding amount of more than Rs 0.5
million and upto Rs 2.5 million (All the guidelines except
at para ‘7’ & ‘8’ will be applicable).
Category
C:
Loans having outstanding amount of more than Rs 2.5
million (All the guidelines will be applicable).
5. Bad / irrecoverable
loans as defined under ‘4’ above, may be allowed to be written-off
by the banks/NBFls themselves with the express approval of
their respective Board of Directors or their nominated/designated
authority/committee. The write-offs made by the designated
authority/committee shall be invariably submitted to the Board
of the concerned institution for information in the next Board
meeting.
6. Before allowing write-off,
all liquid assets including FDRs, Government Securities, Share
Certificates etc. held under lien and pledged goods should
be realized and sale proceeds thereof appropriated towards
the reduction of outstanding liability of the borrower. This
should be legally cleared by the bank /NBFI’s legal counsel.
7. The latest valuation
of properties/stocks held as security having value of Rs 2.5
million and above indicating their present market value as
well as their forced sale value duly assessed by a surveyor/
architect, on the approved panel of Pakistan Banks’ Association
(PBA), should be produced before the approving authority.
8. Before approving a
write-off proposal, the competent authority should ensure
that, for cases having an outstanding amount of over Rs 2.5
million, the same have been audited by the internal/external
auditors who would expressly indicate the deviations / shortcomings
noticed by them in the write-off proposals.
9. While allowing write-off
arising as a result of settlement/compromise of cases mentioned
at para ‘4’ above, the following guidelines may be followed:-
i)
Category A:
Where the outstanding amount is upto Rs 500,000/-
The
management should obtain a resolution from Board of
Directors empowering it or its committee to write-off
such loans on
case-to-case basis without going for litigation.
However, bank/NBFI should formulate internal policy/guidelines
spelling out the criteria for write-off of these loans.
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ii)
Category B: Where the outstanding amount is more than Rs 500,000/-
but less than Rs 2,500,000/-
Criteria
|
Amount
to be recovered |
Forced
Sale Value (evaluated by the bank /NBFI) of the security
is more than the outstanding amount. |
75%
or more of the outstanding should be recovered in
cash. |
Forced
Sale Value (evaluated by the bank / NBFI) of the security
is less than the outstanding amount. |
A
sum equal to Forced Sale Value (evaluated by the bank
/ NBFI) should be recovered in cash. |
Where
no tangible security is available. |
Efforts
should be made to recover maximum possible amount. |
iii) Category C:
Where the outstanding amount exceeds Rs 2,500,000/-
Criteria
|
Amount
to be recovered |
Forced
Sale Value
of the security is more than the outstanding
amount. |
75%
or more of the outstanding should be recovered in
cash. |
Forced
Sale Value of the security is less than the outstanding
amount. |
A
sum equal to Forced Sale Value should be recovered
in cash. |
Where
no tangible security is available. |
Efforts
should be made to recover maximum possible amount |
Forced
Sale Value should be determined by an independent
professional valuer who should be listed on the panel
of valuers maintained by the Pakistan Banks’ Association
(PBA) |
10. In case the bank is not in a position
to recover even 75% of Forced Sale Value of the security due
to any reason, the Board of Directors/designated authority
may allow relaxation by recording reasons/justifications thereof.
11. Outstanding
Loans include the amount of principal and interest / mark-up
and other perforced charges charged to the borrower’s account
or mark-up receivable account. Further, outstanding amount
should be arrived at after deduction of liquid assets as mentioned
at para ‘6’ above. However, in case of decreed cases, the
decretal amount and the mark-up allowed by the Court will
be treated as outstanding amount for the purpose of this Scheme.
12.
The settlement in above categories shall be made only
on the basis of cash recovery. The borrower has to make at
least 10% cash down payment of settled amount at the time
of signing of agreement and remaining amount may be paid in
installments at least on quarterly basis within a maximum
period of 3 years from the date of signing of agreement. Under
the above arrangements the borrower will only be eligible
for write-off after repayment of entire agreed amount. In
case of non-adherence of terms of agreement, the borrower
will not be eligible for any concession.
13.
The banks/NBFIs are further advised to vigorously pursue
those delinquent borrowers who fail to avail of the Scheme
within the stipulated time period by processing the cases
under the provisions of law. To this end an effective in-house
system for recovery of defaulted loans should be developed
at Head Office level, which should be charged with the responsibilities
of taking all the requisite legal measures/proceedings.
14.
The banks / NBFIs shall not be eligible for any kind
of payment / compensation whatsoever from State Bank of Pakistan
on account of write-offs allowed by the banks/NBFIs.
15.
The banks / NBFIs are advised to modify their internal
policy guidelines / instructions on write-off of loans and
advances accordingly.
16.
Full particulars of loans written-off should be reported
to the Credit Information Bureau, Banking Supervision Department,
State Bank of Pakistan on quarterly basis.
17.
In case of any dispute between the borrower and the
bank/NBFI the matter will be resolved through SBP Committee.
18.
The scheme issued by the banks/NBFIs on above guidelines
shall be a one-time opportunity, which will expire on April
14, 2003. The banks/NBFIs shall, however, formulate and issue their policy
based on above guidelines accordingly.
19.
For write-off in all other categories, instructions/guidelines
notified by the State Bank from time to time shall remain
in force.
20.
Please acknowledge receipt.
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