BPD
Circular No. 19 of 2005 |
May 21, 2005 |
The Presidents / Chief Executives,
All Banks / DFIs.
Dear
Sirs/Madam,
PRUDENTIAL
REGULATIONS
Please
refer to the Prudential Regulations issued vide BPD Circular
No. 35 dated 28th October 2003.
2.
The following amendments have been made in Prudential Regulations
for Corporate and Commercial Banking, and Prudential Regulations
for SMEs;
>>Prudential Regulations for Corporate &
Commercial Banking, and SME Financing.
-
The Group Definition, given
in Prudential Regulations for Corporate & Commercial
Banking, and SME Financing, at serial No.14 and Serial
No.12 respectively, has been replaced with the following:
“Group
means persons, whether natural or juridical, if one
of them or his dependent family members or its subsidiary
have control or hold substantial ownership interest
over the other. For the purpose of this:
(a)
Subsidiary will have the same meaning as
defined in sub-section 3(2) of the Companies Ordinance,
1984 i.e. a company or a body corporate shall deemed to
be a subsidiary of another company if that other company
or body corporate directly or indirectly controls, beneficially
owns or holds more than 50% of its voting securities or
otherwise has power to elect and appoint more than 50%
of its directors.
(b) Control
refers to an ownership directly or indirectly through
subsidiaries, of more than one half of voting power of
an enterprise.
(c) Substantial ownership / affiliation
means beneficial share holding of more than 25% by a person
and / or by his dependent family members, which will include
his/her spouse, dependent lineal ascendants and descendants
and dependent brothers and sisters. However, shareholding
in or by the Government owned entities and financial institutions
will not constitute substantial ownership / affiliation,
for the purpose of these Prudential Regulations.”
-
With respect to Liquid Assets, defined
in Prudential Regulations for Corporate & Commercial
Banking, and SME Financing, at serial No.15 and Serial
No.13 respectively, the following new Para, after para
2, may be added to the existing definition;
“The Inter-branch Indemnity/Guarantee issued
by the bank’s overseas branch in favor of its sister
branch in Pakistan, would also be treated at par with
Liquid Assets, provided the bank is rated ‘A’
and above or equivalent either by Standard & Poors,
Moody’s or Fitch-Ibca. The indemnity for this purpose,
should be similar to a guarantee i.e. unconditional and
demand in nature.”
>>
Prudential Regulations for Corporate & Commercial
Banking.
Para
1.A(d) & (h) of Regulation R-6 have been replaced
with the following:
Para
1.A(d)
“take exposure on any person against the shares/TFCs
issued by that person or its subsidiary companies. Further,
for the purpose of this clause, person shall not include
individual.”
Para
1.A (h)
“take exposure against unsecured TFCs or non-rated
TFCs or TFCs rated below ‘BBB’ or equivalent.
Exposure may, however, be taken against unsecured/ subordinated
TFCs, which are issued by the banks/DFIs for meeting their
minimum capital requirements, as per terms and conditions
stipulated in BSD Circular No. 12 of August 25, 2004.”
3.
All other instructions on the subject will, however, remain
unchanged.
4.
Please acknowledge receipt.
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Yours faithfully,
Sd/-
(Muhammad Kamran Shehzad)
Director
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