Circulars/Notifications - Banking Policy & Regulations Department  
 BPRD Circular No. 12 of 2007
August 01, 2007 

The Presidents / Chief Executives,
All Banks / DFIs.


Dear Sirs/Madam,

PRICING OF LENDING PRODUCTS AND LOAN DOCUMENTATION

Please refer to BPD Circular No.06 dated July 14, 2006, wherein Banks/DFIs were advised to make proper disclosure of the lending and deposit rates of all consumer products offered by them including information of whether the rate is fixed or floating, tenor of the benchmark (KIBOR or any other rate plus a pre-defined spread) used and frequency of re-pricing.

2. It has been observed that some banks change the margin over KIBOR during the tenor of the loan. Banks/DFIs have to determine the margin over KIBOR at the outset of the transaction; however, once the margin is agreed with the customer, bank/DFIs should not increase it during the tenor of the loan. In some cases, banks/DFIs include clause(s) in the loan documentation which allow them to change the margin anytime during the tenor of the loan. This practice defeats the purpose of establishing a benchmark for pricing a floating rate loan and is also against the instructions issued vide above referred Circular.

3. In order to ensure transparency in the pricing and documentation of loans, the following instructions are being issued for strict adherence by the banks/DFIs:

i) Banks/DFIs shall clearly indicate in the loan documents whether financing is on fixed rate or floating rate basis. In case of fixed rate loans the rate shall not be increased during the tenor of the loan.

ii) In case of floating rate loans, Banks/DFIs will clearly specify the margin over the benchmark (KIBOR or any other rate). Also the Banks/DFIs will not increase the margin during the tenor of the loan.

iii) All banks/DFIs should clearly spell out the pricing (KIBOR or any other benchmark rate plus a pre-defined margin not changeable to the detriment of the borrower during the term of credit) and the re-pricing frequency in their loan documents. In case of re-pricing, the rate will change only if there is a change in the benchmark rate (KIBOR/other benchmark) over the tenor of the loan.

iv) The loan agreement should not contain the clauses/stipulations to change the rate unilaterally.

v) All charges, other than mark-up, including fees/prepayment penalties etc. to be recoverable by banks/DFIs should be determined and clearly disclosed to the customers at the time of entering into agreement. All such charges shall be locked and their upfront full disclosure shall be made and agreed with the customers in the loan agreement.

vi) A complete amortization schedule should be provided to the customer along with the facility offer letter showing the break up of principal and mark up to be paid by the customer over the life of the loan/finance or till the next re-pricing date for fixed and floating rates respectively. In case of resetting/revisiting the floating rates, a new amortization schedule should be issued to all existing customers informing them about the new rates on loan/finance which should be determined in line with the benchmark agreed at the time of lending.

vii) As implementation of requirement at Para 3(vi) above may require changes in the IT system, banks/DFIs should make necessary arrangements for updating their IT systems within a period of three months of issuance of this Circular for issuing new amortization schedule on re-pricing of loans to the existing customers. For new customers/borrowers banks/DFIs shall implement this requirement immediately.

viii) A statement showing outstanding position of principal and markup should be issued to the customers on half yearly basis or more frequently as per policy of the bank/DFI.

ix) The loan and other documents obtained from the customers should be duly filled in at the time of signing of the loan agreement.

x) Any negotiation with the customers for restructuring/rescheduling of a loan/ facility should be done in writing and in a transparent manner in accordance with the duly approved policy of the bank/DFI.

4 . All banks/DFIs are advised to ensure strict compliance of the above instructions in letter and spirit as non-compliance will attract punitive action under Banking Companies Ordinance, 1962.

Please acknowledge receipt.

 


Yours truly,

Sd/-

(Syed Irfan Ali)
Director

       
Home
About SBP
Publications
Economic Data
Press Releases
Circulars/Notifications
Laws & Regulations
Monetary Policy
Help Desk
SBP Videos
Feedback
Contact us
What's New?
Speeches
Online Tenders
Web Links

Educational Resources
Regulatory Returns
Library
Rupey ko Pehchano
Events
Zahid Husain Memorial Lecture
Careers
Sitemap
 
Best view Screen Resolution : 1024 * 768
Copyright © 2016. All Rights Reserved.