Ratisson Finance Credit Policy
Ratisson Finance Credit Policy
Ratisson Finance Credit Policy
1 July 2015
2.0
Scope of Application................................................................................5
3.0
4.0
5.0
Takeover............................................................................................5
6.0
Departmental Procedures...........................................................................5
7.0
Mandatory Compliance..............................................................................5
8.0
9.0
10.
11.0
Oversight of Credit..................................................................................7
11.1
Board of Directors................................................................................7
11.2
11.3
12.0
Country Risk........................................................................................9
13.0
Industry Profiles....................................................................................9
14.0
Prohibited Lending..................................................................................9
15.0
16.0
Standard of ethics.................................................................................11
17.0
17.1
17.2
Page 1 of 44
Types of Borrowers...............................................................................12
18.1
Individuals.....................................................................................12
18.1.1
Minors....................................................................................12
18.1.2
Individuals................................................................................13
18.1.3
Joint Accounts............................................................................13
18.1.4
18.2
Sole Proprietor.................................................................................13
18.3
Partnerships....................................................................................13
18.4
18.4.1
Schools...................................................................................14
18.4.2
Churches..................................................................................14
18.5
Limited Company...............................................................................14
18.6
18.7
Quasi-government institutions..................................................................15
18.8
19.0
Insiders...........................................................................................15
20.0
Types of facilities.................................................................................16
20.1
20.2
Order Financing................................................................................16
20.3
Invoice Discounting............................................................................16
20.4
Group Loan.....................................................................................16
20.5
Micro-Housing Loans...........................................................................16
21.0
Security...........................................................................................16
21.1
21.2
Types of Security...............................................................................17
21.2.1
21.2.3
Stocks, Shares............................................................................17
21.2.4
21.2.5
21.2.6
21.2.7
21.2.8
21.2.9
Guarantees (Intangible)...................................................................20
23.0
Security Documentation...........................................................................22
24.0
25.0
25.1
25.2
25.3
Declined Facilities..............................................................................24
25.4
Prior checks....................................................................................24
25.5
25.6
Lending to SMEs...............................................................................27
25.7
25.8
26.0
27.0
28.0
Credit files........................................................................................34
29.0
31.1
31.2
Definitions......................................................................................36
31.2
Objective evidence.............................................................................37
31.3
31.4
31.5
Business Plan..................................................................................39
31.5
31.6
Collateral.......................................................................................39
32.0
33.0
Withdrawal of Facilities...........................................................................40
33.2
33.3
34.0
35.0
Preferential Creditors.............................................................................43
36.0
Provisions........................................................................................43
37.0
38.0
39.0
Write Offs per RBZ Companying Regulations, 2000- Statutory Instrument 205 of 2000.............44
39.1
Page 4 of 44
1.0
2.0
Scope of Application
This mandatory policy document applies to Ratisson Finance (Private) Limited.
3.0
4.0
5.0
Takeover
Any incoming Operations Manager should submit a Takeover Certificate upon assuming responsibility over this policy
and manual.
6.0
Departmental Procedures
Head of Credit Risk Management and Head of Credit Administration are responsible for maintenance of appropriate
detailed procedures for the department. Such procedures must be in line with the Credit Policy and other general
operational policies and designed to permit any appropriate incoming staff to promptly step into the shoes of the
previous job holder with minimum disruption to the operations.
Page 5 of 44
Mandatory Compliance
All Companys staff shall mandatorily comply with the
(a)
(b)
(c)
(d)
The Compliance function should ensure through appropriate monitoring and checks that all lending are strictly in line
with the legal and regulatory framework.
8.0
9.0
10.
the extent to which the financial institution should assume credit risk, taking into account the capital base of
the institution, a prudential assessment of the institutions ability to absorb losses, the financial health of its
existing credit portfolio, the diversification of the portfolio, and the institutions business plan.
the targeted portfolio concentration limits in terms of counterparties, industry sectors, geographic regions,
foreign country or class of countries, and classes of security.
the areas of credit in which the institution should engage or restrict itself from engaging.
clearly documented delegation of credit approval authority of management personnel and committees , taking
into account the type and size of credit, the types of risks to be assessed, and the experience and
competence of individuals.
consistency and tie in with the institutions business plan and other asset/liability management
considerations.
Page 6 of 44
ensure that the credit approval process is not unduly influenced by market share growth targets.
establish and utilize effectively a system to monitor and control the nature, composition, and quality of the
credit portfolio and to ensure that the portfolio is conservatively valued.
tracks the evolving circumstances of a credit, repayments regularity, borrowers financial condition, continuing
value of the security, and other attributes of the credit.
tracks credits by portfolio characteristics, including single and associated groups of borrowers, types of credit
facilities, industry sectors and geographical regions.
ensure implementation of an appropriate management reporting system covering the content, format and
frequency of information to management concerning the institutions credit risk position, to permit sound and
prudent analysis and control of existing and potential credit risk exposures.
install adequate internal controls, covering the entire credit spectrum, including segregation of activities between
the persons responsible for analysis, authorization, and execution of credit transactions and those responsible for
their monitoring and in the case of impaired credits, their follow-up, and the establishment of an appropriate
internal rating system for individual credits.
ensure implementation of an effective internal audit function to review and assess the credit risk management
activities, which will provide assurance to management and the board that credit activities are in compliance with
the credit risk management policy and with local laws and regulatory guidelines;
Board of Directors
The Board of Directors is ultimately responsible for oversight of credit quality and operations and providing overall
strategic direction to the credit granting units through approving and reviewing the Credit Policy and Procedures
Manual and the Lending Guidelines.
11.2
Page 7 of 44
(1)
The company shall review the quality of its loan portfolio not
less frequently than each quarter, with a view to achieving the following
objectives
(a)
(b)
(c)
(d)
to ensure that appropriate provisions for potential losses are made to the
provision for loan losses account so as to maintain the account at an adequate level at all times;
and
(e)
(2)
Loan reviews shall be conducted by a committee which is independent of any person or committee
responsible for sanctioning credit, and shall consist of at least three persons, including a member
of the board without executive officer responsibilities.
(3)
Reports of such loan reviews shall be made directly and timeously to the board of the company
and provide sufficient information to enable the board to require lenders to correct significant
problems within a specified time frame.
(4)
The company shall maintain sufficient records of every loan review, of evaluations of individual
loans and advances, and of the entries made to its provision for loan losses account, and shall
make these available to an inspector on request.
The Board Credit Committee will be responsible for Ratisson Finances credit policies and their proper application. CC
may delegate part of its responsibilities to the LIC and the companys management but will also directly assess
proposals in excess of the LIC limit. Accordingly CC shall be responsible for the applicable limits and proper application
of the related credit policies by the Ratisson Finance management and LIC.
The CC will be composed of 100% non-executive directors and shall consist of no less than three members.
In line with RBZ guidelines, the Chairman of the CC shall be an Independent non-executive director.
Meetings shall be held by notice on an ad hoc basis and quarterly. The Committee may approve proposals by round
robin during the quarter. Such proposals will be subject to ratification at the quarterly CC meetings. Where proposals
are approved by round robin, a majority of votes for a proposal shall lead to approval. The Chairman shall have a
casting vote.
For quarterly meetings a quorum of the meeting shall be the presence of at least three non-executive directors. A
proposal will be considered to be approved if the majority of members approve with the Chairman having a casting
vote in the event of a tie. The normal rules pertaining to meetings of a board of directors of a company shall apply. CC
shall review Loans and Investments Committee (LIC) decisions, even within LICs limits, and may override such
decisions.
11.3
Page 8 of 44
Organisations or persons which have been declared insolvent, specified or suspended from conducting business
by the Zimbabwe Government or the courts of Zimbabwe.
2.
Production or activities involving forced labour or child labour as defined by the International Labour Organisation
(ILO).
Page 9 of 44
Trade in wildlife or wildlife products banned by the Convention on International Trade in Endangered Species
(CITES).
4.
Cross border trade in waste and waste products unless compliant to Basel Convention and the underlying
regulations.
5.
Drift net fishing in the marine environment using nets in excess of 2.5km in length.
6.
Production, use of or trade in those pharmaceuticals, pesticides/ herbicides, chemicals, ozone depleting
substances and other hazardous substances subject to international phase-outs or bans.
7.
8.
Enterprises directly engaged in military activities or the manufacture of weapons of mass destruction. However,
this provision shall not prevent Ratisson Finance from investing in enterprises operating as private security
and/or investigative firms.
9.
Organizations where the investment or practices of the organizations are deemed to be environmentally
unsound, unless Ratisson Finance lending is aimed at alleviating or correcting such environmentally unsound
practices.
10.
11.
Gambling excluding institutions like hotels where gambling represents a very small proportion of the activity.
12
13 Production or trade in any product or activity deemed illegal under host country laws or regulations or international
conventions and agreements.
Start-ups or Greenfields
Destruction means the (1) elimination or severe diminution of the integrity of a habitat caused by a
major, long term change in land or water use or (2) modification of a habitat in such a way that the habitats
ability to maintain its role is lost
2
Critical habitat is a subset of both natural and modified habitat that deserves particular attention. Critical
habitat includes areas with high biodiversity value that meet the criteria of World Conservation Union
(IUCN) classification, including habitat required for the survival of critically endangered or endangered
species as defined by the IUCN Red List of Threatened Species or as defined in any national legislation;
areas having special significance for endemic or restricted-range species; sites that are critical for the
survival of migratory species; areas supporting globally significant concentrations or numbers of
individuals of congregatory species; areas with unique assemblages of species or which are associated with
key evolutionary processes or provide key ecosystem services; and areas having biodiversity of significant
social, economic or cultural importance to local communities.
Page 10 of 44
Aviation
Shipping
Mining
Manufacturing
Textiles
Telecommunications
17.1
Facilities in excess of $10,000 and insider loans to be sent to the General Manager for recommendation
Proposals are then to be escalated to BCC, LIC, CC or the Board depending upon the limits explained under
section 16.1
General Manager
Operations Manager
Accountant
Branch Credit Committee
Branch Manager
Loans Officer
$5,000
$3000
$3000
$2000
$1000
$500
Page 11 of 44
17.2
It is expected that most credit proposals will fall within the parameters set by this Credit Policy and the
Lending Guidelines. Where this is not the case, the proposal should be highlighted as Specialized Lending
and processed in the normal way to Credit Department. However, normal lending limits will be suspended in
such cases and all approvals will be given only by the Credit Approvals Committee (CC) or the Board.
Staff loans will fall outside the purview of these limits and will be subject to the guidelines set by REMCO.
Loans to staff (other than those falling under staff loans as approved by REMCO) including those related to
parallel business, social or any other activities as permitted under the terms and conditions of employment,
will be approved by LIC or CC depending upon the amounts. The relevant approving authority should
however group the staff loans granted under REMCO authority together with the other loans mentioned in
this
paragraph
for
the
purpose
of
assessing
authority
to
approve.
No staff member may guarantee any of the companys customers but if exceptional circumstances warrant
such a guarantee, the latter will have to be supported by appropriate justifications and approved by the
General Manager. Such guarantees received from a staff member must be grouped with the staffs loans
granted under REMCO authority to determine the maximum exposure allowable to the staff member and also
which
appropriate
authority/committee
may
approve
the
facility.
The following will additionally not fall under the limits of the LIC and may be approved by CC or the full Board:
1
Facilities to related parties or insiders (except for staff loans as described above)
Any manager or lending officer who becomes aware of a referral by an insider, whether this referral
is made verbally or in writing, directly or indirectly to them, shall mandatorily advise General
Manager and Compliance and Recoveries Officer in writing. The General Manager and/or
Compliance and Recoveries Officer as the case may be shall inform the relevant approving
authority of such referrals and Operations Manager shall highlight such referrals in the relevant
credit proposal.
Facilities which are priced below the minimum pricing fixed by ALCO for lending
The Operations Manager or any similar job incumbent has a duty to ensure that accounts are appropriately
graded and provisioned in line with the risk profile and may submit overriding recommendations to the
appropriate approval authority.
Any re-grading or upgrading of facilities at grade 6 (under the SRS scale) and below requires Credit
Committee endorsement. This would also apply to provisioning and the realisation of interest in suspense to
profit.
Page 12 of 44
Individuals
Minors
Any person below the age of eighteen (18) will be regarded as minors.
The contractual capacity of minors is limited and security given by them may not be binding.
No credit cards or any other type of facility should be granted to minors.
18.1.2
Individuals
Individuals have unlimited liability.
18.1.3
Joint Accounts
Appropriate account mandate forms must be in place to authorize the granting of facilities, with or without security, on
the request of sole or joint parties.
The liability of joint account holders for facilities must be joint and several.
18.1.4
18.2
Sole Proprietor
The borrowing powers of sole proprietors are the same as those of individuals.
Before granting facilities, checks must be made on the trading licences.
To avoid confusion as to the nature of the business, account of such sole traders must not be in trade names; at the
most, accounts must be in this format Mr. John trading as xxxx
18.3
Partnerships
Page 13 of 44
18.4.1
Schools
School Development Associations - SDAs are empowered by the Education Act Chapter 25:04.
In these cases, the constitution of the SDA or Trust and, registration certificates, mandate to pass resolutions, relevant
resolutions to borrow should be scrutinised and obtained. It is also important to ensure that the meetings that approved
the resolutions are properly constituted.
18.4.2
Churches
Churches are informal bodies. Each church is governed by its own constitution. The Company needs to scrutinize the
constitution, the appointment of committee members, signing and borrowing powers to identify who can bind the
church.
Lending officers are strongly advised to have individual guarantees from senior church members who have influence
(spiritual or otherwise) as backing of any lending.
18.5
Limited Company
A copy of the Memorandum and Articles of Association (or equivalent documents) of a limited company must be
obtained;
Prior to lending, checks must be initially done on the objectives of a company; the borrowing powers; the authority and
capacity of directors to borrow on behalf of their company; the types of transactions allowed and those not allowed.
Detail checks should be conducted as follows:
Page 14 of 44
"Capacity" i.e. if the companies have the power to enter into transactions for which a facility is sought or if the
transaction is valid or ultra vires" or invalid. In that respect the Memorandum of Associations objects should
contain a clear mandate to enter into the transaction.
In case of doubt the Company should insist upon an Extraordinary General Meeting of the Company to pass
a Special Resolution to alter the objects.
"Authority" i.e. if the directors have authority to bind the company under its Articles of Association. The
Articles should give general authority to the directors to manage the business of the company and should not
be restricted by limits.
A transaction which is outside the authority of the directors but within the capacity of the Company may be
void but can be ratified by shareholders in a General Meeting.
A proper board resolution is required to accept facilities or grant security. Board resolutions must be scrutinized to
identify any exclusion.
Where there are facilities granted to a company and secured by another group company,
these facilities must be granted to the asset-owning company or to its subsidiary under the parent's guarantee.
Lending officers should take cognizance that within a group of companies, each company is a separate legal entity and
acceptance of facilities or granting of security must be authorized by the individual company borrowing and not by the
holding company unless circumstances warrant it e.g. in case of guarantees being specifically granted by the holding
company.
18.6
18.7
Quasi-government institutions
These would be normally state-owned corporations and include municipalities and parastatals.
The legal instrument which has led to their formation must be scrutinized and the officials who have the authority and
capacity to bind these corporations must be ascertained
18.8
Page 15 of 44
Salary Based loan is a small, short-term, loan secured against your salary. There is no collateral security requirement. However,
your employer should sign a Payroll Deduction Agreement (PDA) or Direct Debit Agreement (DDA) with us. The loan amount
depends on the net salary. Thus the more one earn the higher the loan amount.
20.2
Order Financing
It is a short term loan facility that allows you to finance an order issued by a corporate when your company does not have
enough funds to meet the cost of the order. All we require is the original order and terms of the confirmed order for Ratisson
Finance to put the facility in place
20.3
Invoice Discounting
Invoice Discounting is a short term loan used to improve a companys working capital and cash flow position. This
facility allows a business to draw money against its sales invoices before the customer actually pays
Benefits
Efficient use of working capital
The Business improves its cash flow and working capital position
Improved Liquidity enables the company to negotiate better prices with its suppliers
Helps the business to grow and secure market share.
20.4
Group Loan
These are loans obtained by a minimum of four (4) up to a maximum of ten (10) individuals who are in the same
business. The members in the group co-guarantee each other in solidarity and hence no security in terms of assets is
required.
20.5
Micro-Housing Loans
These are loans issued for the purpose of purchasing a house, or improving your home (renovations). The property
acquired secures the loan.
21.0 Security
Page 16 of 44
the legal procedures and documentation for perfecting the security arrangement to be in strict compliance
with local legal requirements.
(b)
the security providers (the borrower or Guarantor) are acting within their capacity
to provide the security
(c)
the value of the security, which must be appraised and updated on a regular basis, or when circumstances
warrant. Professional advice must be sought when appropriate
(d)
(e)
where security is subject to insurance, the security must be insured for appropriate value against appropriate
risks; and that the Companys interests are noted and acknowledged by the insurer.
Under no circumstances are facilities to be drawn down prior to completion of all security
arrangements unless approval for drawdown has first been obtained from the authority who approved the facility.
21.1
21.2
21.2.1
Types of Security
Deposits and Marginal Deposits
Such security should be in the same currency as the borrowing.
If in other currencies, the amounts of advances made against deposits must take account of the interest differential and
any exchange risk exposure. Where the latter will arise it may be prudent for customers to enter into forward exchange
contracts.
Page 17 of 44
21.2.3
Stocks, Shares
When granting facilities to be secured by listed stocks and shares, lending officers should carefully evaluate the
following:
-
Where stocks, shares, securities and convertible bonds are provided as security which does not conform to either the
criteria listed above, the securities should be classified as intangible.
An adequate margin should be taken depending on
-
As a general rule, the normal margin for shares should be 50 percent, i.e. facilities should not exceed 50 percent of the
value of security held.
21.2.4
21.2.5
Page 18 of 44
the winding up of companies start, irrespective of whether borrowers are in default with debenture holders;
borrowers are in default on a facility or are in breach of the terms of debenture. Debenture holders must then take
the appropriate legal action to change the status of charges, usually by appointing receivers.
Lending officers should take into account the possible decrease in the value of the security in the event that borrowers
are placed into liquidation.
Lending officers should ensure first rank NGCBs charges.
Page 19 of 44
21.2.8
21.2.9
Guarantees (Intangible)
A guarantee is a promise by a person (the guarantor) to repay for the present or future debt of a second party (the
debtor).
The worth of a guarantee depends upon the financial standing and integrity of the guarantor.
Guarantees may be limited or unlimited in both amount and time and when taken from more than one party must be
joint and several.
Standard Guarantee forms should provide for the following:
Page 20 of 44
guarantees provide continuing security in the event of death, disability, or bankruptcy of guarantors until
notice to discontinue and determine guarantees is given.
All liabilities and contingent liabilities that are current at the date of determination are guaranteed;
guarantees allow beneficiaries to give debtors time to settle outstandings or make other arrangements when
guarantees are called;
guarantors' liabilities are not voided by any irregular exercise of borrowing powers by debtors;
guarantors may not take security from debtors to secure their liabilities, without the prior consent of
beneficiaries.
Lending Officers should recommend potential guarantors to take independent legal advice where it is believed that
they are unaware of the full legal implications of the
guarantees they are giving, or where there is a possibility they may be under undue
influence from parties whose obligations are being guaranteed. Where such advice is
recommended by Lending Officers, but not taken by the guarantor, this fact should be recorded on file, and kept with
other security documentation.
Preferably, the witness to a guarantors signature should be an independent third party.
The factors in the following sections must be considered before taking guarantees.
Individuals
Guarantors must be reputable and financially sound.
Guarantees should not be taken as a general rule from elderly individuals (defined as persons who are at least 60
years old) who have not executed wills, for if they should die intestate the settlement of claims could well be a lengthy
and time consuming process.
Guarantees should not be taken unless the relationship between prospective guarantors and customers appear to
justify the former accepting the risk, and the reason for requiring facilities is sound.
If the bulk of the assets of the Guarantor is held with third parties, then a joint and several guarantee should be taken.
Spouses should be required, as a general rule, to seek independent legal advice if they are proposing to guarantee
relatives, or businesses in which their spouses have an interest.
Partnerships
The Mandate or Partnership Deed will define the powers of partnerships to give guarantees. As a rule; all partners
should sign, unless otherwise stated in these documents.
Limited Companies
Lending officers, before taking guarantees from limited liability companies should establish that the capacity, authority
and presence of commercial benefit as described above.
21.2.10 Life Assurance Policies
Facilities may be granted against life assurance policies based upon the income of an individual plus life assurance
policies subject to
Page 21 of 44
policies issued by assurance companies of undoubted financial and reputational standing, such
companies to be duly approved by the Company
The assurance company confirming that there are no existing assignments ranking prior to the
proposed assignment
The surrender value of the policy at the time of granting the facilities being sufficient to cover the
facilities.
21.2.11 Insurance
All fixed charges including mortgages and floating charges must be backed by appropriate insurance cover from
Insurance companies of undoubted financial and reputational standing, such companies to be duly approved by the
Company,
If the policy is unacceptable customers should be notified tactfully of the decision to avoid controversy and/or
litigation with Insurance companies
Policies for residences and commercial or industrial premises should seek to cover all or most of the following risks
-
Goods and stocks are to be covered by a standard fire policy and insured against any other peril likely to substantially
destroy them.
22.0 Estimated Conservative Asset Value
The following Estimated Conservative Asset Value (ECAV) may be used as a general guideline to assess the realisable
value of assets of a business considered to be on a going concern:
Assets
Cash and Deposits
Debtors
Stocks
Quoted investments
Unquoted investments
Property
Plant and Machinery
Percentage
100 %
50 %
25 %
Market value
50 %
65 %
25 %
Page 22 of 44
25.1
Page 23 of 44
25.3
Declined Facilities
Records of such facilities should be maintained with relevant reasons
25.4
Prior checks
Check at the outset the legal status.
The documents to be held and examined may include the following:
Certificate of Incorporation, Business Registration Certificate and any locally required authorisation or licence;
Memorandum and Articles of Association of a limited company; Partnership Deed of a partnership; Constitution of club
or society, Board Resolution, Power of Attorney.
that the business for which the facilities are proposed does not conflict with the contents of the customers Official
Registration Certificates or licences.
Prior to considering the granting of new facilities to any individual, partnership, company or any other body, Lending
Officers must check,
(a) if available, all relevant credit reports with the local central credit bureau information, where available, to ensure
there are no adverse comments stated.
(b) Black and caution lists to identify undesirable relationships
Page 24 of 44
estimated annual CIF values of imports or exports and the average turnover period for goods.
any seasonal nature of imports or exports and sale of goods
fluctuations in the unit price of goods
movements in exchange rates;
Finance periods required for the facilities e.g. based on production, storage cycles prior to sending the goods
Amount
It must be ascertained that the facilities sought are sufficient for the stated purpose, and are reasonable in relation to
the customer's own resources; some customers are not willing to state the exact figure required for fear that it may be
declined. Others may ask for more than is actually necessary and use the surplus for other, less viable or speculative
projects.
Tenor
The tenor of facilities should be in line with the borrowers ability to pay.
An overdraft, due to its nature, should also be specifically repayable on demand.
Import facilities should be in line with the trade cycle.
Loans should be in line with repayment capacity but for asset financing the tenor should not exceed the lifetime of the
asset.
Pricing
All facilities should be priced to reflect risk.
Pricing should be commensurate with the risk profile of the borrower, competitive pressure, security, level of non-funds
income and other income.
This means that
(i)
In the event of deterioration in credit quality, consideration should be given to increased margins
(ii)
when the proposed pricing is unattractive, particularly for new customers where the prospect for ancillary
business is remote or where the balance of risk and reward is unfavourable, the Company will step aside.
Page 25 of 44
Security
All security should be perfected in strict compliance with local legal requirements, before facilities are made available;
the advice of local legal advisers on the taking and perfecting of security to be retained on file.
Security may be distinguished between tangible and intangible
Tangible security is security where the client cannot dispose of the asset without getting consent from the Company.
Examples of tangible security include a mortgage bond, a lien on a cash balance on an account, Company guarantee,
government guarantee,
Intangible security consists of security which can be sold or replaced in the normal course of business. Notarial general
covering bond over plant and assets as well as cession of book debts are examples of intangible security.
Some types of security need to be valued before being accepted e.g. land and buildings, life assurance policies and
shares.
With regard to insurance, the interest of the Company must be noted on policies.
Where individual or joint and several guarantees from owners/shareholders have been requested to support facilities
extended to the relevant borrowers, details of guarantors net worth should be obtained and recorded in credit
applications where possible. Credit should verify the information contained in the statement of net worth e.g. searches
to be made to check ownership of immovable property and related charges; confirmation of Company balances to be
requested and proof of ownership of other assets e.g. motor vehicles to be requested.
Where sensitivities prevent this and it is justified, Lending Officers may estimate and record the assets and liabilities of
the guarantors to the best of their knowledge. If this is not possible, then it should be specifically stated within the
proposal that no reliance is being placed on the value of the guarantee. For circumstances where guarantors are
overseas registered companies or overseas nationals, legal opinion should be obtained to ensure enforceability of
such guarantees.
Covenants
Covenants constitute a pledge to do or refrain from doing something.
They serve to reinforce control over the borrower to ensure repayment and guard against default. Examples are
submission of periodic management accounts; pledge not to declare dividends, not to dilute shareholding.
Background
This section should highlight the following:
Shareholders
Names, qualification, experience, net worth, ability to support the business with
additional funds, reputation, personal borrowing track record, commitment to the
business, other businesses, responsibilities, level of involvement in the business
Management
Company
Raw materials etc.; Suppliers: list them, does the company rely on one or more
suppliers; Customers: list them, does the company rely on one or more suppliers; Terms
of credit from Suppliers and to customers
Page 26 of 44
The marketing and selling strategy to evaluate whether demand for the products have been properly
assessed
Assessment of status, reputation of buyers as distributors or retailers and in terms of promptness in settling dues, and
the effect of a change in demand.
If there are adequate sources of supplies available from different suppliers located in different geographical areas.
Page 27 of 44
Availability and reliability of power and water supplies, costs of contingent supply
25.6
Lending to SMEs
RBZ defines SMEs as follows:
Factor
Indicator
Asset Base
Employment
Annual
Turnover
USD10k-USD2m
5 to 20 people
USD30k-USD5m
SMEs usually carry certain characteristics that differentiate them from typical corporate customers; these being (a) the
lack of financial transparency, (b) the need for simple facilities, and (iii) the slim distinction between the companys
assets and assets of the companys owner.
In this respect, conventional commercial credit assessment as outlined above may be inappropriate for SMEs, and to a
certain extent limits the potential lending opportunity to this customer segment.
The risks, however, may be higher than for commercial lending in view of the lack of transparency, limited market,
limited entrepreneurial skills and management skills.
Accordingly, lending to SMEs must be appropriately ring-fenced to minimize the risks while recognizing the fact that
many corporates have initially grown from SMEs
Lending to SMEs should be strictly according to the following parameters:
1
All facilities should be fully secured by first rank tangible security offering coverage of 150% plus personal
guarantees of the owner(s)
Facilities should be vanilla products like loans, guarantees, and small import facilities
Gearing of the SME should not exceed 100% after drawdown of the Companys facilities
Lending Officers should visit at least quarterly the SME to assess de-visu the business.
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Section
FINANCIAL
Attribute 1 Net Income
Attribute 2 Level of Investments
Attribute 3 Level of exposure to other
credit commitments
CREDIT REFERENCES
Attribute 4 Credit references
EMPLOYMENT HISTORY
Attribute 5 Employers details
Attribute 6 Employment number of
years
Attribute 7 Length of association with
Ratisson Finance
Criterion / Factor
The clients net income is assessed with a larger amount getting higher
scores.
Clients with investments,
The client should disclose the level of exposure to other Companies,
credit advancing firms that the client is servicing:
The client is expected to have good references from previous or current
creditors:
The client's employer:
The client should disclose how many years they have been employed
by their current employer:
The client should have had a Companying relationship with the
Company for some period of time:
The client should disclose the number of years they have been residing
at current address:
The client should submit acceptable documents as proof of residence:
(The client must have at a minimum national ID or Passport and proof of
residence) :
In the case of an individual client, the credit analyst should establish the character of the client by considering the
length of time the client has properly used his account(s) held with his bankers, the clients financial standing (i.e. an
analysis of his assets and liabilities), an actual check of credit accounts held with retailers or other credit institutions
should be conducted. The clients earning ability and their ability to service the loan while meeting their normal
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The new clients previous or current bankers. A character report should be sought in writing from the proposed
clients previous or current bankers.
Credit report from TransUnion
Credit report from Financial Clearing Bureau
The Company maintains a historical database of bad debts written off and non-performing loans. All proposals
and applications should be checked against this list prior to being forwarded to the relevant credit granting
body or officer.
If a mildly adverse credit report is received, the Relationship Officer is encouraged to discuss the proposal or
application with a senior member of staff, preferably the Branch Manager or Operations Manager for guidance on what
steps to take. Explanations from the customer should be sought where there is the possibility of the relationship
continuing. The explanation must be recorded in writing and filed. If however, the report received points towards a
financial delinquent character, the Lending Officer will be advised to drop the proposal and advise the applicant
accordingly. It is expected that the senior member will use his/her discretion based on the report and explanation
given. In the case that business is still interested in the application, a copy of the report and the explanations given
must form part of the loan proposal.
Assessment of the Loan Application Forms (Personal Loans)
The assessment of personal loan applications will be by the Companys credit scoring matrix in addition to a
consideration of the extrinsic criteria mentioned above.
For the purpose of appraising personal loan applications a credit scoring system shall be applied. This system enables
Lending Officers to numerically work out the creditworthiness of an applicant and quickly arrive at a decision as to
either recommend or decline an application. The credit scoring system quantifies the odds that the applicant will
perform well or not. The advantage of using the credit scoring system is that it applies one standard, which is
applicable to all propositions without discrimination. In other words, it establishes conformity in decisions ensuring that
policy is effected as intended and ensuring that only those applications, which comply with the Companies credit
policy, are approved.
On receipt of a loan application Lending Officers are to undertake a quick scrutiny of the completed application form to
ensure that the application contains accurate information about the applicant as any inaccuracies may prejudice the
final outcome of the application.
The appraisal system considers the following aspects: the age of the applicant, occupation, accommodation status,
financial commitments and banking history.
A weighting system will be used to allocate a credit value to each heading. Using the information provided in the loan
application the Contact Officers are to complete a matrix sheet for each application. The Contact Officer will determine
the final score of the application. A low score indicates a high probability of a good loan prospect and vice versa. The
credit scoring system will be modified to adjust to the Companys data as a longer credit history becomes available.
Other Principles to Consider (Lending Officers)
Considering at the outset whether the facility falls within Lending Guidelines
Ensuring agreements and transactions with the customer meet legal and regulatory requirements
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The performance of the portfolio under the scoring system should be reviewed at least once a year to ensure that the
scoring matrix remains robust.
25.8
The applicant must have been Companying with us at least for the past six months demonstrating a clean
track record.
Source of income should be principally the salary excluding overtime and other fluctuating allowances. Other
regular ancillary income from other sources of activity should be determined and evidenced to the Company
A statement of net worth should be submitted and the accuracy verified e.g. via searches
Monthly facility repayment including interest should not exceed 25 % of the salary and other ancillary income
earned, provided appropriate evidence of the latter is on file
An irrevocable undertaking from the borrower and employer to pay in the full net salary to the account held
with us should be obtained.
All personal lending are covered by loan protection insurance. The insurance should covers death, disability
and client absconding
Any facilities in excess of USD5, 000 to be secured by first rank tangible security
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The purpose of conditions precedent is to allow the Company to suspend or withdraw its contractual obligations to
make facilities available until customers meet certain stated requirements within a specified period of time.
Negative Pledges
Negative Pledges are undertakings obtained by the Company in lieu of tangible security.
However, these should replace security only if the borrower is of undoubted integrity and financial soundness, which
would be exceptional given the current environment.
Breaches of the terms of Negative Pledges provide the Company with recourse
only for breach of contract, which will be of little value if borrowers are in liquidation.
Acceptance
Facility offer letters should contain an appropriate acceptance clause.
For the purpose of this section, the term facility offer letter shall include loan agreements and other documents
forming part of the contractual document for granting facilities.
Availability
Facility offer letters should include a clause under which acceptance of these facilities must be received by the
Company by the close of a definite date, and, if not received by such time and date, the offer of these facilities will be
deemed to have lapsed.
The Company may also include a clause giving it the right to withdraw the offer at any time prior to receipt of the
acceptance."
Drawdown
Provided facilities are not of a revolving nature, the number of days within which the borrower is allowed to drawdown
should be specified with a clause that any portion of the facility which has not been drawn down by that date shall
thereupon be automatically cancelled.
Review
Facility offer letters must include a clause which provides for a review of the facility at any time and, in any case not
more than 364 days from the date of facility letter.
Repayment
Facility Offer letters should include a clause that the facility is subject to the Companys overriding right of withdrawal
and repayment on demand. Only where formal events of default are documented and agreed may this clause be
omitted.
Facility amount
The amount of the revolving facility or principal amount of the term facility must be specified.
Interest
Interest rates on loans should be set at margins over the appropriate base rates, and be subject to fluctuation within
the limits set up by RBZ through the MOU.
The timing and method of payment of interest must be stated in agreements.
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Fees
The extent and nature of applicable fees should be spelt out in facility offer letters e.g.
(a)
arrangement fees, being a percentage of a loan facility, usually levied upon acceptance of a facility.
(b)
commitment fees, expressed as a percentage and calculated on the average undrawn amounts of loans over
a specified period starting from the date of the loan agreement and for example payable quarterly in arrears;
(c)
Early repayment fees, calculated on the amount of the outstanding loan to be prepaid before the agreed due
date.
(d)
Expenses
All fees, legal costs and expenses incurred in connection with the documentation and perfection of security should be
for the account of the borrowers.
Drawdowns
The drawdown and repayment terms should be stated in loan agreements
Conditions Subsequent
The purpose of conditions subsequent is to allow the suspension of subsequent drawdowns on loans unless stated
conditions have been met.
Representations and Warranties
The purpose of representations and warranties is to provide remedies for misrepresentations and, in the event of
inaccuracies, may enable lenders to cancel loan commitments or call up loans if linked to events of default.
Representations and warranties normally will address the legal powers of the borrowers, the validity of the loan and the
financial condition of customers.
Examples are:
(a)
that representations and warranties shall survive the execution of loan agreements and prevail until the loan
agreements expire;
(b)
borrowers have the capacity to enter into loan agreements, and would not contravene any laws in doing so
(c)
borrowers have the power and authority to enter into loan agreements
(d)
borrowers are not engaged in, or have knowledge that they may subsequently be engaged in any legal
proceedings which may impair their ability to meet the terms and conditions of loan agreements
(e)
(f)
borrowers' most recent audited accounts reflect true and fair views of their financial situation
Events of Default
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(b)
maintain specified financial ratios, such as gearing, debt/equity ratio, interest cover, dividend cover, net
worth, injection of a specified amount of capital.
seeking the prior approval of the Company to sell or pledge any part of, or the whole of, their assets,
requiring that any other debt will not rank ahead of the Companys existing debt
Governing Law
Facility offer letters should state the laws under which they are drawn.
Documentation
All pages of facility offer letters other than that which bears the authorised signatures should be initialed by authorised
signatories.
Evidence of the vetting by the Companys lawyers should be kept on file.
Signatures on all agreements should be verified.
Original copies of signed loan agreements must be held as security in record rooms while photocopies of such
documents may be held in credit files for ease of reference.
27.0 Checking of inputs on the Computer system
While Credit Administration is primarily responsible for accuracy of input on the computer system, to avoid financial
losses and litigation with customers in case of inadvertent errors, relevant Lending Officers should ensure that system
input tallies with the terms and conditions of the credit proposal and approvals. Non comprehensive checks include
structure and amount of limits, tenor, maturity date, interest rates, penalty rates and evidence of such comprehensive
checks should be kept as audit trails.
28.0 Credit files
Credit files must be maintained for each customer who has been granted facilities.
Other than for credit monitoring, credit files may be required by Internal and External auditors as well as regulators.
Accordingly, the credit files should contain all the necessary information that may be required to assess that the credit
processing, approval, follow ups have been conducted with due diligence in line with best practice and in line with the
regulatory framework, and to accurately demonstrate the evolution of the facilities.
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The credit files should be neatly organized, cross-indexed and divided into the following sections with relevant hard
copies of the mentioned documents kept in chronological order in each section:
1
latest financial information (balance sheets, profit and loss accounts, management accounts)
7.
8.
Internal rating
10
Call reports
11
Relevant correspondences
30.1
(a)
ensure accounts that require active risk management can be identified at an early stage so that corrective
action can be taken to avoid losses to the Company
(b)
recognise the customers situation before it becomes irreversible and to ensure a timely transfer of the
account to the recovery unit, where there is expertise and resources to manage such accounts.
General guidelines
Lending Officers must mandatorily ensure that prompt action is taken to review the financial conditions of companies
when warning signs, such as the following occur:
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1
2
3
4
5
6
7
8
9
10
Excesses in limits;
Drawings against uncleared effect
Overdue principal and interest
Overdue trade and other bills
Delays in receipt of financials;
Change of auditor without business reason
Breaches of covenants;
Stretching of creditors
Trade creditors or other lenders reduce credit lines or request/take additional security;
Market sector decline or sector becomes obsolete
the degree of co-operation that may be expected from borrowers to work out proposals
the extent to which other lenders are secured as an indication of the degree of co-operation that may be
anticipated from them to work out solutions
whether the company has the ability to raise fresh capital, or cash, by the disposal of surplus, or non-core
assets;
the extent to which the Companys exposure is secured, whether it can be improved, and the likely
realisation value of security if the borrowers were sued for recovery of the loan, placed in administration,
receivership or liquidation.
31.1
Current loans
1%
1-30 DAYS
5%
31-60 DAYS
20%
61-90 DAYS
50%
91-120 DAYS
100%
100%
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31.2
Definitions
Large Credit for the purpose of credit impairment assessment will mean facilities greater than USD10,000
credit: loans and advances by whatever instrument granted and includes customers lines of credit, overdrafts, bills
purchased and discounted, bills receivable, and finance leases.
effective interest rate means the contractual interest rate on a loan adjusted for (i) fees
and related costs recognised as an adjustment of yield on the loan and (ii) any discount or premium on the loan.
foreclosed loan means assets acquired in full or partial settlement of a loan through
realisation of collateral or repossession of leased property.
independent appraiser means a valuer registered with the Valuers Council of Zimbabwe
loan is a financial asset resulting from commitment of the borrower to repay the amount borrowed on a specified date
or dates, or on demand, usually with interest. Loans include residential mortgages; non-personal loans, such as
commercial mortgages and loans to businesses, financial institutions, government and its agencies; loan substitutes,
such as debentures that are, in substance, loans; and direct financing leases and other financing arrangements that
are, in substance, loans.
provision for credit losses is an expense account for credit related losses recognised
during the year, based on the Companys estimate of such losses in respect of on
and off-balance sheet items that are assessed to be impaired during the year.
31.2
Objective evidence
Objective evidence provides the trigger point for launching an investigation into the
impairment of the financial asset to assess the degree of its impairment. The Standard lists the following items of
objective evidence:
-
granting by the lender to the borrower, for economic or legal reasons relating to the borrowers financial
difficulty, of a concession that the lender would not otherwise consider;
the disappearance of an active market for that financial asset due to financial
difficulties; or
It should be underlined that according to the above criteria, when a borrower misses a
contractual instalment payment on interest or principal, his loan is forthwith designated for an assessment of the
degree of impairment. This assessment must be completed within 60 days of the first indication of impairment.
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31.3
Funds obtained under the loan agreement were not used for the purpose for which they were loaned;
The project financed by the loan has become non-viable e.g. a failing restaurant;
The borrower is about to default and the lender advances it funds to meet its current payment obligations;
The borrower belongs to a group of entities that has credits outstanding from the
Company or other financial institutions and one or more members of the
group have defaulted;
The borrower is engaged in a large number of undertakings leading to over extension of its resources. It has
begun shifting support from one undertaking to
another, which may lead to potential delinquency of the loan under review;
The underlying collateral, which was heavily relied upon in granting the loan, has
lost value significantly; or
31.4
Assessment of the financial condition of the borrower and the group to which it
belongs;
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Current economic and other conditions, including emerging trends, affecting the
industry sector relevant to the borrower;
Length of timeframe for achieving recovery; longer the time period, lesser is the
certainty of obtaining recovery;
Assessment of the net realisable value of the collateral for the loan.
In assessing future cash flows emanating from an impaired loan, it is not necessary that
several of the above factors must be present before it is judged that the flows will be
substantially reduced or non-existent.
A single factor, such as vulnerable financial condition of the borrower, may justify making an appropriate provision for
the loan.
31.5
Business Plan
An important element in the calculation of the recoverable amount of an impaired large
credit to a business customer is the existence of its up-to-date business plan. Reliance
placed on the plan will depend on several factors, including whether the plan
-
.
31.5
the borrowers analysis of the causes of loan impairment and specific changes
envisaged to make the loan performing again;
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delinquencies of any previous credits of the Company or any other Company to the borrower and an
explanation of why the circumstances surrounding those delinquencies do not apply to the present credit;
control of the borrower over such sources and identification of risks that might
impair their availability; and
other information supporting the bonafides of the borrower.
31.6
Collateral
Another important factor in the calculation of the credit loss provision is the value of
collateral. The following pre-conditions must be met in determining the appraised value of collateral:
-
Experience with foreclosed loans indicates that the net realisable value of collateral may not generally exceeded 50 per
cent of its appraised value. Unless the Company presents reasons to the contrary, the value to be considered in
determining the recoverable amount of an impaired loan shall not exceed 50 per cent of the appraised value of
collateral, discounted to its present value using the loans effective interest rate.
Where the Company is convinced that it is not going to recover the outstanding amount of the loan, in part or in full, it
must take steps to write-off the unrecoverable amount.
32.0 Monitoring compliance with In Duplum Rule
Credit Risk Management must mandatorily ensure that the Company is not charging interest which would be qualified
as void under the In Duplum rule
According to the case of COMMERCIAL COMPANY OF ZIMBABWE V MM BUILDERS AND SUPPLIERS PVT LTD
1997(2) SA 285 ZHC:
The in duplum rule states that interest stops to run once accrued interest equals the amount of capital borrowed or
outstanding. Thus, if an amount of $100 is borrowed, assuming everything is equal; the amount payable on it in both
interest and capital should be no more than $200.
This rule applies to loans, overdrafts and any other contracts where a capital sum can be identified, and where interest
is chargeable on it at an ascertainable rate.
To avoid such situations, CRM must insist on payments of all amounts due in terms of the credit facility, as and when
they are due.
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As soon as interest falls under the above rule, CRM should cease such accrual and any surplus interest reversed.
33.0 Withdrawal of Facilities
Formal letters must be sent to customers when withdrawing the availability of facilities
previously granted to them. Such letters should however only be used where it is the intention to prevent further
increases in exposure to a customer by their use of available facilities
The wordings of such letters should be carefully drafted by lawyers but all withdrawal letters should:
(a)
refer to the last facility letter or the documentation under which the Company agreed to make facilities
available to a customer;
(b)
give notice that, with immediate effect, all previously agreed limits, as set out in the last facility letter, have
been withdrawn, reserve the Companys rights, in relation to security held and in taking whatever action may
be necessary to protect the Companys interests, including exercising the Companys overriding right of
repayment upon demand.
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If after taking all steps available it is evident that the borrower business is not viable and/or repayment of outstandings
is doubtful, consideration should be given to calling up advances.
The Company must however obtain, and retain on file, the advice of local legal advisers, on the legal remedies
available to creditors, and the manner in which they are taken, in order to realise debtors' assets.
Formal written demand needs to include repayment of outstandings, plus interest, and including cash margins to cover
contingent liabilities.
If the borrowers fail to comply, the Company will need to decide whether to
33.2
(a)
(b)
(c)
(d)
if facilities are clean, or if amounts are still due to the Company after utilising any readily realisable security,
the Company may instruct their legal advisers to issue writs against debtors and to obtain judgment
Lending officers should ensure that the demand letter has been received by a customer before taking any action to
return items presented for payment especially if such item would, in the ordinary course, be paid within approved limits.
Ideally, a customer should be advised by phone that items are to be returned unpaid and the customer should be given
the opportunity to place stop orders on all outstanding items.
Similar procedures apply to a demand under a guarantee issued in the Companys favour. However, prior to any
demand letter being sent to a guarantor (either personal or corporate), formal demand must have been made on the
primary obligor and this demand referred to in the demand letter.
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The Company should clearly demonstrate that all appropriate steps have been taken to recover the debt and this
has not materialised
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