advances : general information - isbioabhopal.org/el_book2019/el_pdf/advances_general.pdf ·...

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1 Adv - 1 S B I O A B H O P A L C I R C L E S B I O A B H O P A L C I R C L E S B I O A B H O P A L C I R C L E S B I O A B H O P A L C I R C L E H. SULAIMAN (SBIOA) A D V A N C E S ADVANCES : GENERAL INFORMATION - I Good Acceptable Security : Characteristics Thereof : MAST : 1) Marketability (it should be readily saleable). 2) Easy ascertainability of value. 3) Stability of value. 4) Transferability/transportability. Tangible (Impersonal) security : It is a security which can be realised by sale or transfer easily. It is also known as a realisable security. Advances sanctioned against pledge/ hypothecation/mortgage, etc. of tangible securities are known as ‘Secured’ advances. Gilt-edged securities : Government securities. These are issued or guaranteed by the central government or a state govt. They are safest securities : IBA Bull June 1992. Blue chip securities : Shares of first class public limited companies (efficiently run). Specified securities : Defined under SBI General Regulation No. 61. These were earlier known as Authorised Securities. All trustee securities are specified securities : C&I/80/1978. Primary security : It is the principal security for an advance. It is acquired with bank finance (or, bank extends credit facility against it). Collateral securities : These are the additional securities. These serve the purpose of cushion to fall back upon in case of need. Personal security of : Only third-party guarantee (i.e., no charge on guarantor’s guarantor tangible movable/ immovable properties). In such cases, a personal right of action against the guarantor is available. This can be enforced only through intervention of the court of law having competent jurisdiction (territorial as well as pecuniary). Primary Collateral Security : Earlier, referred to a primary security (i.e., the assets created out of the bank loan). Secondary Collateral Security : Earlier, referred to a collateral security. Adv. : Collateral Security : Obtaining Gold, NSCs & KVPs as financial collaterals enables the Bank to reduce the exposure by the amount of the collateral while calculating capital require- ments. Therefore, operating units should endeavour to obtain Gold, NSCs and KVPs as collaterals, wherever feasible, while processing Advances proposals : e-Cir/787/2011-12.

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Page 1: ADVANCES : GENERAL INFORMATION - Isbioabhopal.org/el_book2019/el_pdf/advances_general.pdf · Personal security of : Only third-party guarantee (i.e., no charge on guarantor’s guarantor

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A D V A N C E S

ADVANCES : GENERAL INFORMATION - I

Good Acceptable Security : Characteristics Thereof : MAST :

1) Marketability (it should be readily saleable).

2) Easy ascertainability of value.

3) Stability of value.

4) Transferability/transportability.

Tangible (Impersonal) security : It is a security which can be realised by sale or transfer

easily. It is also known as a realisable security. Advances sanctioned against pledge/

hypothecation/mortgage, etc. of tangible securities are known as ‘Secured’ advances.

Gilt-edged securities : Government securities. These are issued or guaranteed by the

central government or a state govt. They are safest securities :

IBA Bull June 1992.

Blue chip securities : Shares of first class public limited companies (efficiently run).

Specified securities : Defined under SBI General Regulation No. 61. These were earlier

known as Authorised Securities. All trustee securities are

specified securities : C&I/80/1978.

Primary security : It is the principal security for an advance. It is acquired with

bank finance (or, bank extends credit facility against it).

Collateral securities : These are the additional securities. These serve the purpose

of cushion to fall back upon in case of need.

Personal security of : Only third-party guarantee (i.e., no charge on guarantor’s

guarantor tangible movable/ immovable properties). In such cases, a

personal right of action against the guarantor is available. This

can be enforced only through intervention of the court of law

having competent jurisdiction (territorial as well as pecuniary).

Primary Collateral Security : Earlier, referred to a primary security (i.e., the assets created out

of the bank loan).

Secondary Collateral Security : Earlier, referred to a collateral security.

Adv. : Collateral Security : Obtaining Gold, NSCs & KVPs as financial collaterals enables the

Bank to reduce the exposure by the amount of the collateral while calculating capital require-

ments. Therefore, operating units should endeavour to obtain Gold, NSCs and KVPs as collaterals,

wherever feasible, while processing Advances proposals : e-Cir/787/2011-12.

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General Principles of Good Lendings : The following principles are common throughout

the banking system :

1) Safety 2) Liquidity 3) Purpose 4) Profitability

5) Security 6) Diversification (spread) of risk 7) National interests/policies/priorities.

Deposit-Linked Adv. : It should be ensured that no advances are granted without proper

scrutiny/ appraisal merely because deposits are placed by borrowers with the bank (either

by the borrowers or through them by third-parties) : C&I/33/1987; C&I/27/1990-91; IBA Bull

April 1990, C&I/CL/2/1996-97.

It should be ensured that the credit is not only adequate but also that the credit is made

available in time.

(The stipulation of requiring the constituents to keep a part of the loan amount as deposit no

doubt adversely affects the scheme of financing, production and trading schedules of relative

constituents) : C&I/27/1990-91.

Priority Sec. Adv. : Cash Deposits : Insistence on deposits while considering loan

applications under government-sponsored schemes/self-employment programmes from all

borrowers, whether belonging to SCs/STs or any other categories, is not in order : CPP/

SIB/AGR/34/1996-97.

The loan applications of SCs/STs should be considered sympathetically and expeditiously.

They should be rendered all assistance in filling forms and completing other formalities.

RBI’s Caution : The RBI has again cautioned the branches not to indulge in practices like

mobilising resources (deposits) from agents/third-parties like friends and relatives to meet

the credit needs of the existing/prospective borrowers, or to grant loans to the intermediaries

based on the consideration of deposit mobilisation who may not require the funds for their

genuine business requirements : C&I/CL/2/1996-97.

LCs, BGs : First Class Banks : Domestic Review of Current List : New list enclosed to e-Cir. 458/

2012-13.

The identification of First Class (Domestic) Banks (FCBs) is carried out from time to time for

defining the scope of financial powers to be exercised by the branches for negotiation of bills

drawn under LCs opened by FCBs and issuance of guarantees and LCs against the counter-

guarantee of FCBs : CCFO/ADV/CL/261/2005-06.

The First Class Banks in India, advised from time to time by the CRMD at Corporate Centre, are

now referred to as First Class Banks (Domestic Banks). Similarly, the List of Correspondent

Banks abroad advised from time to time by GMU, Kolkata are now referred to as Correspondent

Banks (Foreign Banks) : e-Cir/975/2013-14.

Debenture Trustee Business : Aspects to be kept in mind when sanctioning of new debenture

trustee business proposals : CCFO/ADV/CL/268/2006-07.

Advances to MNCs, etc. : Compliance : Scrupulous compliance of systems and procedures

must be adhered to in all proposals, including those of big MNCs/Transnationals/Corporates.

Operating units must not get carried away by the big names/reputations of the projects or the

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promoters and consequently adopt a soft approach to adherence to usual time-tested systems

and procedures : CCFO/ADV/CL/22/2006-07.

Financing Banned Articles : Precautions : Branches should exercise care and to ensureagainst sanction of any loans for activities covering manufacture, trading, etc. in respect of articles

made from the body parts of species protected by the Wild Life (Protection) Act, 1972. CCFO/

ADV/CL/332/2006-07.

SFMS : Structured Financial Messaging System : Use for Domestic Trade : W.e.f. 20.02.2007,

banks, including our Bank, use SFMS messages to issue / advise / confirm / amend / cancel LCs

and BGs in domestic trade : CCFO/ADV/CL/411/2006-07.

The roles and responsibilities of officials for creating, verifying and authorizing messages, and

procedures for sending messages through SFMS for domestic trade are as existing for using

SFMS in international transactions.

SFMS : Use of Structured Financial Messaging System for Domestic Trade : Data Required :

CCFO/ADV/CL/131/2007-08.

SFMS : Use : The IBA recently advised all banks to totally shift to SFMS platform for trade

finance transactions. The Bank has decided to implement the same for all domestic trade trans-

actions with effect from 01 January, 2010 : e-Cir/511/2009-10.

Credit Issues : Approval for Credit issues by other than Sanctioning Authority : Only under

circumstances, where a decision needs to be taken between sanction / renewal or, in exceptionalcircumstances where it is not feasible due to operational / business reasons to do so at the time

of regular sanction / renewal, that approval for such matters may be obtained from the delegated

lower authority, on a stand-alone basis : CCFO/ADV/CL/16/2007-08.

FFR-1, FFR-2 : Financial Follow-up Reports : (To have focused attention on follow-up of high-

value accounts through FFRs and consequent proactive approach to credit management,) the

threshold limit for submission of FFRs has been raised (from the earlier Rs. 1 crore) to aboveRs. 5 crore : CCFO/ADV/CL/172/2005-06.

The withdrawal of FFRs (for accounts with limits up to Rs. 5 crore) casts increased responsibility

on the part of operating officials in the area of credit management, as additional focus has to be

laid on monthly inspections, periodical scrutiny of the books of the borrowers, monitoring of

transactions in the account, etc. to verify proper end-use of bank finance as well as the achievement

of estimated performance. Monitoring of sales level/cash flows of the unit at regular intervals

must be done meticulously to ascertain that these are as per the projections.

S.C.C. : Exemption W.e.f. 21.10.1996, bank advances against the following commodities are

exempt from all the stipulations of selective credit controls :

pulses, other foodgrains (i.e., coarse grains), oilseeds (viz. groundnut, rapeseed/mustard,

cottonseed, linseed, castorseed), oils thereof, including vanaspati, all imported oilseeds and

oils, sugar except buffer stock and unreleased stock of sugar to sugar mills, gur and khandsari

and cotton & kapas: CCO/CPP/CL/121/1996-97.

Banks are now free to fix prudential margin on advances against these sensitive commodities.

Further, the earlier prohibition against opening of usance LCs and financing against receivables

covering these sensitive commodities stands withdrawn; such transactions should now be

handled by banks as part of their normal commercial decisions.

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Loans to Local Board Members : Members of the Bank's Board include members on the

Bank's Local Board : CCFO/ADV/CL/109/2005-06.

No proposal for loans and advances received from Bank's Directors / Local Board Members or

from companies/firms in which they are interested should be sanctioned. The Branches should

refer any such proposal received to their controlling authority.

Buyback Law : The buyback law allows companies to buyback up to 25% of their shares, make

inter-corporate investment freely, issue sweat equity and provide nomination facility to the holders

of shares and debentures. Companies Act has been amended accordingly.

In terms of Section 77A (1) introduced in the Companies Act, 1956 [vide Section 4 of the Companies

(Amendment) Act 1999], companies have now been permitted to purchase their own shares or

other specified securities out of their :

i) free reserves, or

ii) securities premium a/c, or

iii) the proceeds of any shares or other specified securities.

RBI has advised that banks should not provide loans to companies for buyback of shares/

securities (as this amounts to misutilisation of bank funds) : CIRCO/CPPC/C&I/CL/04/1999-

2000.

Revised Loan Policy Document of SBI : Enclosed to CCFO/ADV/CL/185/2007-08 - being

modified from time to time.

Maturity of Advances : The tenor of the loan should be reckoned from the day of first draw down :CCFO/ADV/CL/160/2007-08.

Basel-II : Credit Risk Mitigation and Collateral Management Policy : The Bank approved a Credit

Risk Mitigation and Collateral Management Policy, addressing the Bank’s approach towards the

Credit Mitigates used for capital calculation. The Policy outlines the procedure to be followed in

respect of Documentation and Legal Process requirement, Valuation of Collateral, Haircut

requirements, Custody of Collateral and Insurance. Annexure-II of CCFO/ADV/CL/204/2007-08

enables branches and operating units staff to familiarize themselves with the provisions of the

Policy, and ensure compliance therewith. The modifications effected in the earlier policy have

been listed at Annexure-I of CCFO/ADV/CL/204/2007-08.

RBI Audit : u/s 35 of B.R. Act : Area-wise deficiencies pointed out : CCFO/BO/CL/251/2007-08.

List of Common Irregularities pointed out : CCFO/BO/CL/276/2007-08.

RBI Insp. : Financial Inspection by RBI u/s 35 of B.R. Act, 1949 : Observations made by RBI and

the extant instructions/circular references in regard to each of the observations : detailed in e-

Circular/376/2008-09.

Advances : RBI Inspection : Extant Instructions : Reiterated vide e-Circular/675/2008-09.

Circle L.F.A.R. : Common Irregularities in Advances : CCFO/ADV/CL/274/2006-07.

Advances : Irregularities Pointed out by Statutory Auditors : e-Cir/257/2010-11.

In respect of quoted companies, consolidated financial statements, which are mandatory, have

not been made available.

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Adv. : Deviations : Administrative approval for permitting deviations : In respect advances-related

terms & conditions : Delegation of powers : CCFO/ADV/CL/117/2007-08.

Structured Derivative Products : Monitoring of Deals : Such deals are being done with customers

based on the derivatives limits sanctioned by the appropriate authorities. Extant instructions

reiterated : CCFO/ADV/CL/195/2007-08.

ECRAs : External Credit Rating Agencies : The Bank has signed Memorandum of Understanding

(MOU) with each of the following ECRAs to facilitate acceptance of the rating accorded to specific

Exposures/Borrowers by them for purposes of Capital Adequacy calculation : CCFO/ADV/CL/

187/2007-08 :

a) Credit Analysis and Research Limited (CARE)

b) CRISIL

c) FITCH Ratings India Pvt. Limited (FITCH)

d) CRA Limited (ICRA).

All corporate customers with exposures above Rs. 5 Crore (FB + NFB), who have not already

been rated by any one of the approved ECRAs, should be advised of the arrangement made :

CCFO/ADV/CL/187/2007-08.

Credit Ratings : Revision of Rating symbols and definitions of credit rating agencies : e-Cir/808/

2011-12.

Adv. : Performance & Credit Rating : The NSIC has empanelled six rating agencies, i.e.,

CARE, CRISIL, Dun & Bradstreet (D&B), FITCH, ICRA, ONICRA and SMERA to carry out the

rating of SME units under the Scheme : e-Cir/16/2012-13.

The Bank’s extant in-house Credit Risk Rating System for MSME advances continues for pricing,

monitoring and risk evaluation.

NPA Management in C.B.S. : AGL Advances : e-Circular/357/2008-09.

Copy of the Report on Issues in Core Banking Solutions with regard to Agricultural Banking

prepared by SBIRD, Hyderabad and ‘User Document : change IRAC status’ prepared by IT Dept.,

Belapur enclosed to e-Circular 357/2008-09.

These can be used as a handy tool to reduce system-related technical NPAs.

Sanc. of Adv. : Highest Authority : In respect of proposals which require sanction separately

of different facilities (e.g. fund-based & non-fund-based) by authorities at different levels, the

authority to sanction the highest facility in the proposal (other than the local board/ECCB)

is required to sanction all facilities recommended in the proposal : CCO/CL/2/1995-96.

Advances : All Segments : Administrative Clearance : Project Exports : Modifications : In

Authority Structure : Detailed in e-Cir/1018/2012-13.

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Adv. : Repayment Schedules : RBI has instructed that banks should fix realistic repayment

schedules on the basis of cash flows with borrowers, while granting loans and advances : e-Cir/

296/ 2008-09.

COCC : Renaming : The Corporate Credit Committee (COCC) has been renamed as Corporate

Centre Credit Committee (CCCC) : CIRDO/OP&SP/CL/5/2008-09.

CCCC-II : Renaming : It has been renamed as Wholesale Banking Credit Committee (WBCC) :

CIRDO/OP&SP/CL/5/2008-09.

C.O. Credit Committees : Observations : Circles should ensure that committee views are

correctly documented which would not only result in proper compliance but would also result in

enforcement of the effective credit discipline : e-Circular/356/2009-10.

Constitution of RCC : Regional Credit Committee : The Bank has created Regional Credit

Committees in all Regions across the country, including Regions at those centres where DGM

(B&O) Offices are located, for faster credit dispensation by bringing credit decision nearer to

business centres and customers, to meet the competition from other banks, to ease pressure on

the Zonal Credit Committee and to enhance its efficiency and diligence on higher-value proposals :

e-Cir/1244/2012-13.

CM (ZCC), Manager (RCC) : The Bank has recently created a position of Chief Manager (ZCC) at

each Zone and Manager (RCC) at each RBO for facilitating secretarial assistance to ZCCs and

RCCs.

Role Sheets of Chief Manager (ZCC) and Manager (RCC) : enclosed to e-Cir/278/2013-14.

Further Clarifications : e-Cir/287/2013-14.

Lending Discipline : Half-Yearly Review : The compliance status of various lending discipline

such as Status of review/renewals, Age-wise classification of Non-Renewed Accounts and Status

of submission of Financial Follow-up Reports (FFRs), etc. is placed before the ECCB for view at

half-yearly intervals : e-Cir/421/2008-09.

Comments should be furnished on initiatives taken for improving the compliance level and the

success/outcome thereof.

Nominee Director : Appointment of Nominee Director on the Board of Companies Assisted by

the Bank : Review of Policy and Authority Structure : e-Cir/683/2009-10.

Bank’s Right of Appropriation : Rule in Clayton’s Case : Devaynes v/s Noble (1816) 1 Meg

529, 572 : The first item on debit side (including time-barred debt) is discharged/reduced/cancelled

by first item on the credit side. (The first sum paid out is repaid by the first sum paid in). In other

words, the credit entries in the account adjust our set off the debit entries therein in the chronological

order.*

* All subsequent deposits reduce the liability of the deceased [whereas all subsequent debits (including

the cheques drawn by himself even before the death) in the account form a new advance, for which the

estate of the deceased is not liable].

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It is applicable to running accounts like cash credits (debit balances), overdrafts, etc. (and notto demand loans and term loans which are granted for fixed amounts). It also applies in the case

of death, retirement or insolvency of a partnership firm.

In the case of overdrafts and cash credits, the Bank obtains a continuing guarantee (covering a

series of transactions) from the guarantor in order to avoid the application of the Rule in Clayton’s

Case against the Bank.

Caution Advices : Issuance : Caution Advices (CAs) are being issued regularly to Circles and

Business Units through e-mail system advising therein the frauds/irregularities perpetrated by the

borrowers against various banks : e-Cir/62/2010-11.

Circles should send information urgently to the respective Business Units in the prescribed format

for all pending CAs and note to send the same on regular basis : e-Cir/62/2010-11.

Credit Information Companies : CICs : Optimal use of multiple CICs : e-Cir/656/2011-12.

Adv. : RMD Guidance of Industries : Detailed in e-Cir/884/2011-12.

Adv. : Risk Management : Credit Risk Management Policy & Credit Risk Mitigation and Collateral

Policy : With a view to having an integrated policy, the above two policies have been merged as

Credit Risk Management, Credit Risk Mitigation & Collateral Management Policy : e-Cir/71/

2011-12.

Revised policy enclosed to e-Cir/71/2011-12.

Interchangeability in Limits : Fund-based and Investment in Short-term CPs & NCD : Review of

extant instructions : e-Cir/923/2010-11.

Advances : Pre-sanction and Post-sanction Inspections : At non-BPR Centers : e-Cir/441/

2010-11.

At branches of non-BPR centre located and not linked to any CPCs manned by more than one

officer, pre-sanction survey should be done by the officials processing the proposal. The post-

sanction in such branches should be done by Branch Manager or any other official of the Branch

identified by the controller other than the officer who conducted the pre-sanction survey. However,

in case such branches (of non-BPR centre) are manned by single officer, i.e., the Branch Manager,

pre-sanction survey should be conducted by Branch Manager and post-sanction by an official in

the Rural CPC identified by the controllers or nearby Rural CPC, if feasible, or by the Branch

Manager of a nearby branch identified by the controllers of the Branch.

Fin. Promotor’s Contribution : Re-structuring of Adv. : RBI Guidelines : The RBI has advised

that Promoter’s contribution towards the equity capital of a company should come from their own

resources, and Banks should not normally grant advances to take up shares of other companies

subject to the exceptions detailed in e-Cir/566/2010-11.

These restrictions on grant of Bank extend to Bank Finance to activities related to such acquisitions

like payment of non-compete fees, etc. These restrictions are also applicable to Bank finance to

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such activities by Overseas branches/subsidiaries of Indian Banks.

Further clarifications : e-Cir/615/2010-11.

Contribution by the promoter need not necessarily be brought in cash, and can be brought in the

form of de-rating of equity, conversion of unsecured loan brought by the promoter into equity and

interest-free loans.

Loan Statements to Borrowers : Issuance : The operating units/branches/CPCs should issue

statement of accounts in respect of all Term Loan Borrowers once a year, i.e., as on 31.03. The

statement furnished annually should indicate rate of interest and also changes made in the interest

rates during the year with effective dates of change : e-Cir/275/2010-11.

Allocation of Limits : Revised Authority Structure : e-Cir/304/2010-11.

Operation Sampark : Contact Updation on Loan Profile Campaign : e-Cir/351/2010-11.

Adv. : Payment of Statutory Dues : It is of paramount importance for the operating function-

aries to ensure that the Statutory dues are paid in time by the borrowing entities, in strict compli-

ance with the provisions of the relevant Statutes. In order to safeguard the interests of the Bank,

the operating units should obtain a certificate from the auditors of the borrowing entities on an

annual basis to the effect that all Statutory dues, including EPF dues, have been paid by the

borrowers : e-Cir/130/2012-13.

Loan Rejection/Slippages : Of Rs. 50 Crore & above : While submitting any loan proposal for

sanction to appropriate authority, the operating units have to compulsorily access the Site/Page

titled “Loan Rejections/Slippage” and suitably certify about the verification in their proposal : e-Cir/

691/2012-13.

“D” Rated (External) Corporates : The Bank has decided that the branches should explore the

options to try and exit from the “D” Rated accounts as the possibility of such accounts turning

into NPAs is high : e-Cir/813/2012-13.

NOC from Existing Lenders : Guidelines : e-Cir/1210/2012-13 :

a) No-objection certificate from the existing lenders, if any, for ceding pari-passucharge, should

be stipulated as a pre-disbursement condition at the time of sanction of Corporate Loans. However,

for new connections is the case of Corporates rated investment grade and above (i.e. BBB &

above), sanctioning authority may consider waiving this condition on case to case basis.

b) Time to obtain NOC from existing lenders and to create pari-passu charge should be

considered by the sanctioning authority in respect of existing connections on a case-to-case

basis. However, in respect of new connections, such request should be considered only where

the customer is externally rated as Investment Grade.

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Opinion Reports on Suppliers : of Equipment : Status reports on machinery suppliers are

obtained and comments on the status of the machinery suppliers and obtained and comments on

the status of the machinery suppliers and their reputation for proven quality of the machinery

supplied are to be incorporated in the proposal : e-Cir/1212/2012-13.

Opinion reports on suppliers should be taken for at least 75% of the cost of the proposed equipment

being procured under Bank’s finance.

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IMP. CHECK-POINTS REGARDING ADVANCES

Pledge Advances :

• Proper control should be exercised over the custody of godown keys.

• All doors of the godowns except the main entrance must be effectively closed from within.

• The commodities proposed to be pledged should not be of inferior/spurious quality. These

should not be subject to wide price fluctuations.

• It should be ensured that the borrowers do not create hollow space (empty square) in the

middle of stocks/packages to mislead the inspecting official and to defraud/ cheat the

lending bank. (The unscrupulous borrowers sometimes resort to such unhealthy/unethical

practices.)

• The proceeds of goods released on the strength of trust letter must be routed through the

cash credit account.

• Huge cash withdrawals from cash credit accounts must be discouraged. The purpose

thereof should be critically enquired into and recorded on the reverse of the cheque.

Hypothecation Advances :

• Our (the lending bank’s) name-boards (bilingual/trilingual, with emblem) should not be

allowed to be hanged on a nail with threads/wires. These should be nailed permanently

(not screwed) on the wall.

• The borrowers should not be allowed to store the goods in an unaccountable/haphazard

manner (with the ulterior motive of defrauding the lending banker).

• It must be ensured that obsolete/stagnant/slow-moving/non-moving/deteriorated/ Inferior

quality inventories, scrap, rejected items, etc. are not dumped/stored in between the good

quality inventories.

• It should be ensured that the borrowers dealing in oils/chemicals do not mix water or

inferior quality liquid with good quality liquid (otherwise their petrol pumps, etc. may be

sealed by the government authorities on charges of adulteration).

• It should be ensured that the invoices produced by the borrowers for inspection/verification

are genuine (and are not fake/fictitious/forged/over-valued).

• No drawings should be allowed on the cash credit accounts if the stock-statements are not

received within the stipulated time period.

• Meaningful inspections (surprise checks) should be conducted at irregular intervals; these

should not be arranged beforehand. These should be properly recorded, put up to next

higher authority, and remedial actions taken promptly.

• The inspecting officials should not be indifferent and tardy.

• No credit facilities should be granted to the companies against the security of goods which

are not included in their memorandum/articles of association.

• No clean loans or clean cash credits should be granted to borrowers to meet the margin

money requirements prescribed for cash credit advances.

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• No drawings should be allowed against the goods/items received for processing/ finishing,

etc. from other parties (for example, chasis received for body-building).

• The borrowers should not be allowed to open current accounts with other banks/branches

in a ruotine manner. A proper watch in this regard should be maintained.

Advances Against Bills :

• It must be ensured that the bills are promptly despatched by the negotiating branch. Simi-

larly, the B.M /Manager (Accounts & Admin.), etc. at the receiving branches should ensure

that these are promptly entered in the respective registers. The despatch work/ receipt/

disposal of inward mail must not be left at the mercy of the Assistants/other officials.

• It must be ensured that the goods coverd under the bills purchased/discounted facilities

are not shown as security for cash credit facilities also.

• Drawing of bills in round sums/figures on a regular basis (or, on sister/associate/allied

concerns) must be viewed with suspicion/circumspection.

• Cross-remittances made/received by the boorower must be watched with suspicion.

• No drawing power must be allowed against receivabies shown by the borrowers as bad/

doubtful of recovery.

• It should be ensured by sending COS-329, etc. to the railways/transport companies that

the borrowers do not get delivery of the consignment covered by RR/MTR on the strength

of indemnities.

• The RRs/MTRs bearing other banks’ stamps/marks must not be accepted.

• The lending banker should maintain a complete/up-to-date record of all the associate/

allied/sister concerns of the borrowers. It should be ensured that there is no inter-locking of

funds.

Miscellaneous :

• It must be ensured that the invoices and the receipt for payment issued by the dealers/

suppliers are not fake/fictitious/forged.

• The accepted quotation should be reasonably comparable.

• The borrower must not be allowed to leave/change the place of business/activity without

the prior/express permission of the lending bank in writing.

• In the case of Govt.-sponsored schemes, the family income (and not the income of the

individual beneficiary) should be taken into consideration.

• The inspections should be meaningful in nature (and should not degenerate into informal

chats only with the borrowers).

• It should be ensured by the B.M./Manager of the Division that the officials dealing with

advances do not throw the cautions/prescribed safeguards to winds.

• The title deeds of the immovable properties mortgaged to the Bank must not be released to

the borrower/mortgagor, during the currency of credit facilities (even against the mortgagor’s

acknowledgement). The possibilities of the borrowers raising loan from some other bank

against the same title deeds cannot be ruled out.

• The opinion reports compiled on the borrowers/guarantors should be reviewed/renewed

periodically with a view to depicting a fair picture of their current financial position. These

should not be sketchy (based on cursorily compiled information) or evasive.

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OPINION REPORTS

G e n e r a l :

i) 5 Cs, 3 Ps : A comprehensive study of the borrower’s character, capacity to repay,

capital, conditions of the venture and collateral (five C’s), or person, project and purpose

(three P’s) should be made in advance.

ii) Integrity : The integrity of the borrower is a paramount consideration. No advance

should be granted if the borrower lacks integrity even if the other factors are favourable.

iii) Capacity : The capacity of the borrower relates to his qualifications, experience in the

line of activity and his ability to run the venture on profitable lines.

iv) Valuation of Immovable Properties : As per extant instructions.

v) Importance : Compilation of detailed and objective opinion reports on borrowers and

guarantors is an essential component of documentation to secure the Bank’s interests.

The opinion reports so compiled at the time of sanction/renewal/enhancement of loans

require periodic (annual) reviewing and updation to keep the Bank’s interest secure

on an ongoing basis : CIRCO/CPPC/MISC/CL/52/2001-02.

Operating functionaries must follow them meticulously.

MODE OF REPORTING CONFIDENTIAL OPINIONS

Party’s Estimated Means Reporting as

Rs. 10,000/- or less Very small means

Rs. 10,000/- to Rs. 25,000/- Small means

Rs. 25,000/- to Rs. 50,000/- Moderate means

Rs. 50,000/- to Rs. 1 lac Moderate to fair means

Rs. 1 lac to Rs. 2 lac Fair means

Rs. 2 lac to Rs. 3 lac Fairly good means

Rs. 3 lac to Rs. 5 lac Fairly good to good means

Rs. 5 lac to Rs. 10 lac Good means

Rs. 10 lac to Rs. 25 lac Very good means

Rs. 25 lac to Rs. 50 lac Large means

Over Rs. 50 lac Very large means.

Formats : The exchange of the credit information henceforth should be done on the above-

mentioned lines only. The IBA have drawn an appropriate format (enclosed to Cir. No. 7/

1987) for furnishing certain minimum information regarding the borrowing concern.

Precautions : Branch Managers should ensure that opinion reports issued by them to other

banks depict true state of affairs (i.e., without bias or prejudice).

Any deviation in this regard is viewed seriously and appropriate action taken against the official(s)

responsible : Cir. No. 91/1984.

C&I Trade Advances : Credit Report on the format enclosed to C&I/1/1985.

In the case of other C&I advances, in BD-144.

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Group Companies : Opinion Reports : While carrying out the appraisal of the borrowing unit,

the operating functionaries should ensure that opinion reports on Group Companies must be

taken for at least 50% of the number of Group Companies, or should cover 75% of the amount of

Group asset/liabilities : e-Cir/1211/2012-13.

Guarantor’s worth should be assessed periodically and documentary evidence there of held

on branch records : C&I/55/1989, GEN/CL/181/1989, 51/1990.

Agricultural Segment : In the case of AGL advances to individuals and J.H.Fs. whose

aggregate credit requirements do not exceed Rs. 1 Lac, brief opinion reports are compiled in

the format enclosed to the revised application form. In other cases, in BD-144 : AGR/27/

1980.

S.S.I. : It is not necessary to compile brief/detailed opinions on S.S.I. borrowers and their

guarantors. Instead, particulars about their properties/liabilities are recorded on Supplementary

Form to Application for Working Capital (old form; though the application and appraisal

forms for SSI have been revised as per the recommendations of Puri Committee). The

Supplementary form forms part and parcel of the new revised form (SIB/10/1981) : since

revised.

Small Business Finance (SIB/43/1979) :

i) Brief Reports : Brief opinion reports on SBF borrowers and their guarantors are compiled

where the amount of individual advances does not exceed Rs. 10,000/-.

ii) Format : For SBF advances over Rs. 10,000/-, the opinion reports are compiled on the

simplified format enclosed so SIB/43/1979 (irrespective of the amount involved).

iii) Revision : These reports should be revised once in two years in consonance with the

latest financial position of the borrower/guarantor : DM/AGR/5/1989.

iv) ‘P’ Advances : As ‘P’ Segment Advances involve large number, obtention of detailed

Assets and Liabilities Statement and compilation of detailed Opinion Report tend to be

cumbersome. Accordingly, to reduce Turnaround Time (TAT) of ‘P’ Segment Loan

applications, the Bank has recently introduced abridged formats of Personal Assets

and Liabilities Statement and Opinion Report as in Annexure-‘A’ of CCFO/ADV/168/

2005-06.

Miscellaneous :

i) Partnership Firms : While computing the net worth of a partnership firm, the minor’sshare in the assets/property is deducted (as he is not liable for firms’s debts/liabilities/

losses/obligations).

ii) Certificate : For advances sanctioned under the branch officials’ discretionary powers,

the copies of the opinion reports (irrespective of the amount of advance) need not be

sent to respective controlling authority. But a certificate regarding compilation of the

same should be incorporated in the relevant control return (SIB/10/1981).

iii) Disbursement : No disbursement should be made unless an opinion (in the revised

format) is recorded at the branch.

iv) Updation : The opinion reports on borrowers/guarantors should be updated annuallybased on their latest financial statements/I.T./wealth tax returns, in all case of all borrowal

accounts : CCO/CPP/C&I/CL/150/1996-97. (Lack of information on this point comes in

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the way of taking further decision on the compromise/write-off proposals submitted by

the branches.)

Branches should take necessary steps for updation of the opinion report on the borrowers/

guarantors as per the periodicity specified by the Bank : e-Cir/232/2008-09.

Further, whenever personal/corporate guarantees are obtained, while submitting the

compromise/write-off proposals, net worth of the borrowers/guarantors based on the

financials/I.- T./wealth tax returns of the immediate previous year, should be incorporated

in the proposal.

PERSONAL GUARANTEES

All Segments : To impart more reality to details of personal assets furnished and thereby to

improveeffectiveness/realisability of personal guarantees, it has been decided to prescribe

obtention of statements of assets and liabilities as a notarised affidavit from certain categories

of borrowers/guarantors whose personal guarantees are part of terms of sanction : CIRCO/

CPPC/MISC/CL/49/2001-02

Format of affidavit enclosed to CIRCO/CPPC/MISC/CL/49/2001-02.

After filling in all particulars and after duly stamping at the rate in force in the State for

affidavit as well as for an agreement and with additional stamp duty for notarial act, the

affidavit may be got sworn before a Notary Public. At places where Notary Public is not

available, the affidavit may be sworn before a Magistrate duly authorised for the purpose.

Notarised Affidavit : The statement of Assets & Liabilities as above is to be taken prospectively

in the following cases : CIRCO/CPPC/MISC/CL/49/2001-02.

Statement of assets and liabilities to be obtained as a notarised affidavit from :

New Loans : Borrowers/guarantors of loans rated SB-4 and below (under old CRA; new

rating : SB-8, SB-9).

Existing loans : Renewals/enhancements Borrowers/guarantors of all loans rated SB-4 and

below (under old CRA; new rating : SB-8, SB-9).

Existing loans : rehabilitation/restructuring Borrowers/guarantors in all cases.

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THIRD-PARTY GUARANTORS : K.Y.C.

Due Diligence Exercise : Branches should conduct thorough due diligence in matters like

investigation of title to the properties / verification of identity of borrower and/or the guarantor and

more so, where the guarantor is not related to the business / family of the borrower : CCFO/

ADV/CL/148/2005-06.

K.Y.C. Guidelines : While accepting the guarantee of an individual, his/her identity and address

should be verified as per KYC guidelines; his/her photograph should be obtained and pasted on

the relevant guarantee agreement, so that cases of impersonation by the guarantors can be

avoided : CCFO/ADV/CL/259/2005-06.

Procedure to be adopted for obtaining photographs of guarantors, in the case of advances

guaranteed by individual(s) : CCFO/ADV/CL/259/2005-06.

It should be ensured that necessary due diligence has been made to establish the identity of the

guarantor : CCFO/ADV/CL/353/2005-06.

Guarantors / Sureties : KYC Compliance : The Bank has decided to introduce and implement

the KYC procedure similar to the one followed for opening accounts, with immediate effect for

guarantors/sureties while accepting their guarantee/surety. The Branches should, therefore,

invariably obtain KYC documents (mentioned in the annexure of e-Cir/69/2011-12) both for proving

identity and the residence of the guarantors/sureties and a Customer Identification File (CIF) be

opened in the CBS to facilitate recording the documents taken for such acceptance and

identification : e-Cir/69/2011-12.

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SOLVENCY CERTIFICATES

I) Format : The Systems & Procedures Committee of the IBA has recommend the following

format of solvency certificate (Cir. 17/1984) :

“This is to state that to the best of our knowledge and informations, .........................,

a customer of our Bank, is respectable and can be treated as good up to a sum of

Rs. ....................... (Rupees in words).

It is clarified that this information is furnished without any risk and responsibility on our

part in any respect whatsoever, more particularly either as guarantor or otherwise . This

certificate is issued at the specific request of the customer.”

ii) Service Charges : The Bank has prescribed the charges (commission) - for the solvency

certificates.

iii) Validity Period : The I.B.A. have decided against mentioning any validity period for the

solvency certificates : Cir. 17/1984.

iv) Valuation of Immovable Property : As per the extant instructions.

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CONSORTIUM ADV.,

MULTIPLE BANKING ARRANGEMENT (CAs & MBA),

LOAN SYNDICATION

Consortium Adv. : Recent Relaxations : CPP/C&I/6/1997-98 :

a) Withdrawal : The earlier mandatory requirement of forming a consortium in all cases

where the borrowers enjoy credit limits of Rs. 50 crore and above (from more than one

bank) has been withdrawn in April 1997.

b) Mechanism : Banks may now evolve appropriate mechanism for adoption of sole

bank/multiple bank/consortium or syndication approach, as the case warrants, by

framing necessary ground rules on the operational aspects.

c) Syndication Route : Banks can now adopt the syndication route, irrespective of the

quantum of credit involved, if the arrangement suits the borrower and the financing

banks.

Options : At the request of the borrowers, the earlier consortium arrangements of Rs. 50

crore and above may be converted to multiple-banking or syndication.

Consortium Adv. : & Multiple Banking Arrangement : Recent RBI Guidelines : To strengthen

banks information back-up about the borrowers enjoying credit facilities from multiple banks : e-

Cir/443/2008-09.

The formats for declaration of information by the borrower at the time of applying for credit facility

to a bank (Annexure-I) and the format for exchange of information among the banks in respect of

borrowers enjoying credit facilities from more than one bank (Annexure-II) have been revised by

the RBI as per e-Cir/564/2008-09.

Consortium Adv. : Banks are required to obtain regular certification by a professional, preferably

a Company Secretary, regarding the borrowers’ compliance with various statutory prescriptions,

as per specimen given in Annexure-III : e-Circular/699/2008-09.

In addition to Company Secretaries, banks can also accept certification by Chartered Accountants

and Cost Accountants.

Take-over of Advances : in a Consortium/Multiple Banking Arrangement : Clarification : CCFO/

ADV/CL/249/2007-08.

Issues related to CAs & MBAs : CCFO/ADV/CL/236/2007-08.

Consortium Adv. : & Multiple Banking Adv. : Operating units should share/disseminate information

among the member banks about the status of the borrowers enjoying credit facilities from more

than one bank.

Measures Suggested by RBI : e-Cir/528/2010-11.

Consortium Arrangement, Multiple Banking Arrangement : Operating units should ensure that

the information in the format (designed by IBA) enclosed to e-Cir/1195/2012-13 should be duly

exchanged among the member banks in respect of Consortium/Multiple Banking Arrangements

at monthly intervals.

CAs & MBAs : Frauds : RBI have now advised that apart from exchanging information at regular

intervals among the banks which have financed the borrower, in the specified formats, banks are

also required to exchange information on multi-lateral basis regarding incidents of fraud, legal

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actions taken and covert activities/operations of the borrower after the fraud, etc. : e-Cir/218/

2009-10.

Multiple Financing : In the case of multiple financing, the borrower gets loans from different

banks/agencies against different/independent securities charged to them separately

(difference from consortium finance).

Loan Syndication : Modus Operandi : The borrower approaches several banks which might

be willing to syndicate a loan, specifying the amount and tenor for which the loan is to be

syndicated. On receiving a query, the syndicator scouts for banks who may be willing to

participate in the syndicate. Based on an informal survey, it communicates its desire to

syndicate the loan at an attractive price to the corporate borrower; all in a matter of days.

After reviewing the bids from various banks, the borrower awards the mandate to the bank

that offers him the best returns.

Syndication is a convenient mode of raising long-team funds by borrowers of high credit

standing only.

The syndicated credit market is one of the largest sources of capital in the international

market.

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LOAN SYSTEM :

FOR DELIVERY OF BANK CREDIT

Codified Cir. : CPP/C&I/CL/48/1997-98 :

Objective : As an initial step to move away from the traditional cash credit system of

financing, the R.B.I. introduced in 1995 a ‘Loan System’ for delivery of Bank Credit vide the

Slack Season Credit Policy 1995 : C&I/9/1995-96, S&P/8/1995-96.

(To bring about discipline in the utilisation of bank credit and gain better control over its flow.)

Applicability : The ‘loan system’ was initially made applicable to all borrowers with assessed

M.P.B.F. (maximum permissible bank finance) of Rs. 20 crore and above from the aggregate

banking system.

The earlier guidelines on Q.I.S. (quarterly information system) and minimum current ratio,

which was 1.33 : 1 under the 2nd Method of Lending, continued to be in force.

Current Cut-Off Limit : Busy Season Credit Policy (1997-98) :

As a measure of imparting an element of discipline in the utilisation of bank credit, the % of

‘loan component’ in the working capital limit is being enhanced in stages.

In the Busy Season Credit Policy (1997-98), a uniform level of ‘loan component’ has been

prescribed.

Now, for all borrowers with working capital limits from the banking system of Rs. 10 crore or

above, the minimum ‘loan component’ is 80% : CPP/C&I/NSN/23/1997-98.

If, however, a borrower desires to avail of a higher percentage of loan component, this can be

agreed to by the Bank.

The RBI has further advised that there is no intention to raise the % of ‘loan component’ any

further.

WCDL-III : Opened for borrowers with assessed M.P.B.F. of Rs. 10 crore or above (80% _

75% = 5%).

WCDL : Option : The option to avail of the W.C.D.L. component first (i.e., before disbursal

of C.C.) is available to the borrower : C&I/14/1995-96.

Also, the option to avail of more than 80% of the assessed M.P.B.F. by way of W.C.D.L. is

available to the borrower. The cash credit limits should be reduced correspondingly.

Accounting of W.C.D.L. : W.C.D.L. accounts should be opened in a separate ledger.

The outstandings of W.C.D.Ls. should be reported in the new G.L. (general ledger) account -

“Working Capital Demand Loan” Account (S&P/8/1995-96).

Minimum lending under the scheme is Rs. 10 Crore with no upper cap. Authority structure for

approving the facility and revised interest rates thereon are detailed in e-Cir/1144/2012-13.

Minimum tenor : for which the WCDLs could be sanctioned was reduced to 3 days : e-Cir/1154/

2012-13.

The Bank has recently increased the minimum tenor for sanction of WCDL to 15 (fifteen) days

from the earlier level of 2 days : e-Cir/489/2013-14.

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TAKE-OVER OF ACCOUNTS

Take-over of Borrowal A/cs. : Review of Norms : Detailed in e-Cir/710/2011-12.

These norms are not applicable to AGL and Per segments.

Take-over Norms : Review : Details furnished in e-Cir/582/2013-14.

Improvements : Detailed in e-Cir/375/2012-13.

Additional Safeguards : e-Cir/375/2012-13.

Take-over Norms : Earlier Instructions : Reiterated : e-Cir/25/2009-10.

From Banks in State Bank Group : It has been decided that (CIRCO/ADV/CL/31/2004-05) :

a) Henceforth an existing loan of a bank in the State Bank Group shall not be allowed to be

refinanced/taken over by another bank of the Group by quoting finer pricing.

b) All loan proposals of corporates put up for sanction (either existing or new connections)

should include details of credit facilities by SBI/Associate Banks, along with their pricing.

(The system of co-ordination among the Group Banks has been developed to avoid undercutting

in price and consequent loss of income to the Group and also to prevent unhealthy competition

among the Group Banks).

Deviations : Deviations in minimum CRA rating may also be permitted by the prescribed authority,

albeit highly selectively : CIRCO/ADV/CL/118/2004-05.

W.C., T.L. : The extant guidelines regarding administrative clearance are applicable only to C&I/

SSI Segments. These are not applicable for credit proposals handled by RACPC : CCFO/ADV/

CL/304/2005-06.

P.S. Banks : No take-over of advances from any Public Sector Bank should be resorted to by

quoting finer rates : CCFO/ADV/CL/369/2005-06.

Interest Rate : When such proposals are received, the reasons for higher pricing should be

gone into and more than normal due diligence on the various aspects of the proposal and switchover

should be undertaken. At the end of the exercise, if the proposal merits favourable consideration,

then there is no restriction on charging interest at the rate as applicable to credit rating assessed

as per the Bank’s CRA system : CCFO/ADV/CL/42/2006-07.

KYC Norms : Borrowers, Guarantors : KYC norms are equally applicable to advance accounts

as well. They need to be applied equally to individual and to non-individual customers such as

Companies, Partnership firms, Societies/Associations/Clubs, Hindu Undivided Family (HUF),

Trusts, etc. : CCFO/ADV/CL/69/2006-07.

Due diligence exercise in respect of third-party guarantors : CCFO/ADV/CL/148, 353/2005-06.

Pre-Sanc. Survey : Format : A Pre-sanction Survey Report Format has been introduced for

different types of market segments (i.e., Agriculture, SME and Personal Segment) specimens of

which are enclosed to CIRDO/OP&SP/CL/09/2006-07.

The sanctioning authority should not sanction loan unless the Pre-sanction Survey report in the

appropriate format is enclosed to the loan appraisal note.

Monitoring of Adv. : Certificate : Henceforth, along with the declaration that is being presently

obtained from the borrowers at half-yearly intervals on the details of accounts opened by them

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with other banks, a certificate from them certifying that the funds have been used for the purpose

for which they were obtained, should also be called for as per the format enclosed to CirCO/ADV/

CL/233/2004-05. Further, the details of investments in stock markets, mutual funds, NBFCs,

ICDs, associate companies, subsidiaries, real estate, etc. made by the company should also be

obtained : CCFO/ADV/CL/38/2006-07.

Sanctions / Pricing Concessions : Validity : The Bank has restricted the validity period for

working capital sanctions and term loans as well as pricing concessions as detailed in CCFO/

ADV/CL/140/2006-07.

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CREDIT INFORMATION SYSTEM

Credit Information System (CIS) : All the staff concerned working at branches/offices should

make maximum utilization of the information available in CIS database for informed, objective

and speedier credit decisions, and for other credit related functions : CIRCO/ADV/CL/120/

2004-05.

C.I.S. : Credit Information System : Data Quality Issues : CCFO/BO/CL/64/2006-07.

CIS : Change NPA Dates : Any change in NPA date of an account in CIS data should only be with

the due and recorded approval of the Controller. The approval should be kept on record in the

Branch Document Register for review by Inspecting Officials also : CCFO/ADV/CL/202/2006-07.

CIS Codes : New Codes given to various schemes : CCFO/ADV/CL/220/2006-07.

CIS Codes : Comprehensive list of all the schemes related to SME along with the CIS codes :

CCFO/ADV/CL/254/2006-07.

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IRAC NORMS

(INCOME RECOGNITION & ASSET CLASSIFICATION)

IRAC Norms : Master Circular : Updated up to 30.06.2013 : Enclosed to e-Cir/543/2013-14.

ASSET CLASSIFICATION

Standard Assets

It is not an NPA (non-performing asset). It does not disclose any problem and does not carry more

than normal risks attached to the business.

Non-performing Assets

An asset, including a leased asset, becomes non-performing when it ceases to generate in come

for the bank.

A non-performing asset (NPA) is a loan or an advance where :

i) interest and/or instalment of principal remain overdue for a period of more than 90 days in

respect of a term loan,

ii) the account remains ‘our of order’, in respect of an Overdraft/Cash Credit (OD/CC),

iii) the bill remains overdue for a period of more tan 90 days in the case of bills purchased and

discounted,

iv) the instalment of principal or interest thereon remains overdue for two crop seasons for short-

duration crops,

v) the instalment of principal or interest thereon remains overdue for one crop season for long-

duration crops.

Categories of NPAs

Banks are required to classify non-performing assets further into the following three categories

based on the period for which the asset has remained non-performing and the realisability of the

dues :

a) Sub-standard Assets

b) Doubtful Assets

c) Loss Assets.

Sub-standard Assets

With effect from 31 March 2005, a sub-standard asset is one, which has remained NPA for a

period less than or equal to 12 months. In such cases, the current net worth of the borrower/

guarantor or the current market value of the security charged is not enough to ensure recovery of

the dues to the banks in full. In other words, such an asset will have well-defined credit weaknessesthat jeopardise the liquidation of the debt, and are characterised by the distinct possibility that the

banks will sustain some loss, if deficiencies are not corrected.

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Doubtful Assets

With effect from March 31, 2005, an asset is classified as doubtful if it has remained in the

sub-standard category for a period of 12 months.

A loan classified as doubtful has all the weaknesses inherent in assets that were classified as

sub-standard, with the added characteristic that the weaknesses make collection or liquidation in

full - on the basis of currently known facts, conditions and values - highly questionable and

improbable.

Loss Assets

A loss asset is one where loss has been identified by the bank or internal or external auditors or

the RBI inspection but the amount has not been written off wholly. In other words, such an asset

is considered uncollectable and of such little value that its continuance as a bankable asset is

not warranted although there may be some salvage or recovery value.

PROVISIONING NORMS

General

The primary responsibility for making adequate provisions for any diminution in the value of loan

assets, investment or other assets is that of the bank managements and the statutory auditors.

The assessment made by the inspecting officer of the RBI is furnished to the bank to assist the

bank management and the statutory auditors in taking a decision in regard to making adequate

and necessary provisions in terms of prudential guidelines.

In conformity with the prudential norms, provisions should be made on the non-performing assets

on the basis of classification of assets into prescribed categories as detailed above. Taking into

account the time lag between an account becoming doubtful of recovery, its recognition as such,

the realisation of the security and the erosion over time in the value of security charged to the

bank, the banks should make provision against sub-standard assets, doubtful assets and loss

assets as below :

Standard Assets

i) Banks should make general provision for standard assets at the following rates for the funded

outstanding on global loan portfolio basis :

a) direct advances to agricultural and SME sectors at 0.25%;

b) residential housing loans beyond Rs. 20 Lakh at 0.40% (reduced from the earlier 1%).

c) advances to specific sectors, i.e., personal loans (including credit card receivables),

loans and advances qualifying as capital market exposures commercial real estate

loans at 0.40% (reduced from the earlier 2%).

d) all other advances not included in (a) (b) and (c) above at 0.40%.

ii) The provisions on standard assets should not be reckoned for arriving at net NPAs.

iii) The provisions towards Standard Assets need not be netted from gross advances but shown

separately as ‘Contingent Provisions against Standard Assets’ under ‘Other Liabilities and

Provisions - Others’ in Schedule 5 of the balance sheet.

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Sub-standard Assets

A general privision of 15% on total outstanding should be made without making any allowance

for ECGC guarantee cover and securities available.

The ‘unsecured exposures’ which are identified as ‘sub-standard’ attract additional provision of

10%, i.e., a total of 25% on th outstanding balance. However, in view of certain safeguards

such as escrow accounts available in respect of infrastructure lending, infrastructure loan

accounts which are classified as sub-standard attract a provisioning of 20% instead of the

aforesaid prescription of 25%.

Unsecured exposure is defined as an exposure where the realisable value of the security, as

assessed by the bank/approved valuers/Reserve Bank’s inspecting officers, is not more than

10%, ab initio, of the outstanding exposure.

‘Exposure’ includes all funded and non-funded exposures (including underwriting and similar

commitments). ‘Security’ means tangible security properly discharged to the bank and does notinclude intangible securities like guarantees (including state Govt. guarantees), comfort letters,

etc.

Doubtful Assets(w.e.f. 2011-12)

i) 100% of the extent to which the advance is not covered by the realisable value of the security

to which the bank has a valid recourse and the realisable value is estimated on a realistic

basis.

ii) In regard to the secured portion, provision may be made on the following basis, @ ranging

from 25% to 100% of the secured portion, depending upon the period for which the asset

has remained doubtful :

Period for which the advances has Provision Requirement

remained in doubful category

Up to 1 year : 25%

1 to 3 years : 40%

More than 3 years : 100%

Note : Valuation of Security for provisioning purposes

With a view to bringing down divergence arising out of difference in assessment of the value

of security, in cases of NPAs with balance of Rs. 5 crore and above, stock audit at annual

intervals by external agencies appointed as per the guidelines approved by the Board is

mandatory in order to enhance the reliability on stock valuation. Collaterals such as

immovable properties charged in favour of the bank should be got valued once in three

years by valuers appointed as per the guidelines approved by the Board of Directors.

Loss Assets

Loss assets should be written off. If loss assets are permitted to remain in the books for any

reason, 100% of the outstanding should be provided for.

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RISK GRADES & CLASSIFICATIONOF NPAs IN C.B.S.

Non-Performing Assets in B@ncs24 have been classified into 7 categories, which are called

RISK GRADES as per details furnished below :

Risk Grade Description

00 : Standard Asset

01 : Standard But Temporarily Irregular Asset

02 : Standard But Irregular for Over 60 Days

04 : Sub-Standard Asset

05 : Doubtful Asset - Less than 1 Year

06 : Doubtful Asset = > 1 Year but < 3 Years

07 : Doubtful Asset = > 3 Years

08 : Loss Asset

(Risk grade numbers 03 and 09 are not used at present.)

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I.R.A.C. NORMS : CLARIFICATIONS, ETC.

I.R.A.C. Norms : Restructured A/cs : The relevant date for classification of restructured accounts

is the date of approval of the restructured package by the competent authority, i.e., the asset

would remain in the category which was prevailing as on the date of approval of restructuring :

CIRFO/BO/CL/58/ 2004-05.

Restructuring of Advances : Review of Norms by RBI : Detailed in e-Cir/269/2013-14.

Standard Assets : Exit Policy : The Bank has recently laid down an exit policy in respect of

'Standard Assets' so as to facilitate a timely exit with no loss or minimal loss of value. This can

also be one of the tools for improving the quality of credit portfolio : CCFO/ADV/CL/116/2005-06.

Standard Assets : Policy For Monitoring : The Bank has recently introduced a check-list - enclosed

to CCFO/ADV/CL/335/2006-07 - for standard accounts, which facilitates early identification of the

quality of accounts.

The above check-list should be prepared monthly for all standard accounts with total indebtedness

exceeding Rs. 1 crore.

State Govt. Guar. : RBI has now delinked the requirement of invocation of State Government

guarantee for deciding the asset classification and provisioning requirements : CCFO/BO/CL/

371/2006-07.

Home Loans : As long as the stipulated EMIs are being paid promptly, the account would

continue to be treated as regular : CCFO/ADV/CL/20/2007-08.

IRAC Norms : Agri Advances : NPAs : Consolidated Guidelines : e-Cir/617/2013-14 :

a) Limit expiry date in CBS is the repayment due date of the annual limit and NOT after the 3

year period in old KCC Scheme and 5 year period in the revised KCC scheme, for which the KCC

limit (i.e., Maximum Permissible Limit) is sanctioned.

b) All the Branches should use the ‘crop season period for IRAC’ functionality and NOT the

holiday period functionality for fixing crop season in agri advances in CBS.

c) In case of agriculture gold loans, the repayment due date should be fixed based on the

purpose of the loan.

Branches should correctly fix ‘crop season period’ in respect of all agriculture advances, existing

as well as new accounts (ACC/KCC, ATL and Agri DL), where crop season period determines the

repayment date, to ensure correct asset classification in agri advances.

IRAC Norms : AGL Advances : Two crop seasons is perceived as under : e-Cir/296/2008-09 :

a) If a farmer is growing crops only in Kharif season (land remaining fallow during the rest of the

year), two crop seasons will spread over two years. Similar is the case if crops are grown

only in Rabi season by a farmer. In this case, repayment date will be fixed once in a year.

b) If the farmer is growing Kharif as well as Rabi crops, two crop seasons will spread over one

year period’. There will be two repayment dates during one-year period.

c) If the farmer is growing one (mostly the same) cash crop (Kharif or Rabi) over major area

owned by him and small area is used for growing cereals/pulses for domestic requirement

and meeting exigencies (not resulting into sizeable marketable surplus), in such an event

the entire repayment of loan will logically come once a year on harvesting and marketing of

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cash crop only. Since repayment is fixed once a year (synchronising with harvesting and

marketing of cash crop) and other crop grown over smaller area is incidental, in such cases,

two crop seasons will speared over two years.

Agl. Loans : NPA Classifi. : In both the States of M.P. and Chhattisgarh, all branches have been

allowed to fix yearly instalment. (In Rabi predominant area, the date should be 31st May, and in

Kharif pre-dominant area, it should be 31st January) : CCFO/ADV/CL/185/2006-07.

Example given in CCFO/ADV/CL/185/2006-07.

AGL Advances : Detailed examples for calculation of NPA dates for mono-cropping/double-cropping

and Rabi and Kharif crops are given in CCFO/ADV/CL/194/2007-08.

IRAC Norms : Agri Adv. : Indicative Agri NPAs : Incorporation of ‘NPA Holiday Period’ : The non-

incorporation may result into creeping in of technical NPAs : e-Cir/600/2009-10.

Extant Instructions reiterated : e-Cir/254/2010-11.

IRAC Norms : Infrastructure Projects : Change in the Prudential Norms on Asset Classification

in respect of Infrastructure Projects under implementation and involving time overrun : e-Cir/228/

2008-09.

Clarifications Issued by RBI : e-Cir/524/2008-09.

The RBI’s recent notification basically envisages increase in the grace period in respect of

infrastructure projects from the earlier 2 years to 3 years, and in respect of infrastructure projects

involving court cases/arbitration proceedings to 4 years. Similarly, in respect of non-infrastructure

projects, the grace period has been increased to 12 months from the earlier 6months : e-Cir/12/

2010-11.

IRAC Norms : Prudential norms for off-balance sheet exposure of banks : Revised Instructions :

e-Circular/464/2008-09.

IRAC Norms : Agricultural Debt Waiver and Debt Relief Scheme, 2008 : OTL : ‘Other Farmers’ :

OTS accounts may be treated as standard/performing provided such farmers (on obtention of

prescribed undertaking for OTS before 30th September ‘08) pay their share of the settlement/

instalment within one month of the due dates : e-Circular/358/2008-09.

While due / last dates for payment of OTS instalments have been stated as 30th September

2008, 31st March 2009 and 30th June 2009, the modification of treating the account as Standard/

Performing, if such farmers pay their share of settlement within one month of the due dates, have

been issued subsequently by RBI : e-Circular/359/2008-09.

IRAC : Floating Provisions : For advances, investments and general purpose. These are utilised

only for contingencies under extraordinary circumstances with the prior parmission of RBI.

IRAC Norms : Provision on Standard Assets is not deducted while computing net NPAs.

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INDUSTRY EXPOSURE SETTING NORMS

Advisories by CRMD : Credit Risk Management Department at Corporate Centre issues advisories

in respect of about 40 Industries from time to time. CRMD has also commenced issuance of

Guidance Notes in respect of relatively more dynamic industries at Quarterly intervals or as and

when developments take place that require a re-look at the exposure/portfolio : e-Cir/224/

2009-10.

Every loan proposal should invariably contain the latest/updated RMD advisory as also the threshold

levels with latest nomenclature for all the new sanctions as well as renewal and enhancement

proposals.

An Annexure indicating the mapping of New CRA ratings with the old ratings is enclosed to

e-Circular/661/2008-09 for ready reference of the Operating Units.

Bank Exposure Limits : The Bank Exposure Risk Model (BERI), on the basis of which the

Permissible Global Exposure Limits (PGEL) on Domestic Banks is arrived at, has since been

reviewed : CIRCO/ADV/CL/05/2002-03.

Industry Exposure Setting Norms : RBI Master Circular : Dated 01.07.2008 : e-Cir/426/

2008-09.

Computation methodology : Prescribed by RBI : Detailed in e-Cir/426/2008-09.

Revisions in IES Norms : CCFO/ADV/CL/311, 338/2007-08.

Exposure Ceiling : Prudential credit exposure limits : for different categories of borrowers :

detailed in e-Cir/285/2013-14.

Unsecured Exposures : Prudential Guidelines : In the Annual Policy Statement for the year

2004-05 of the RBI, the prescription with regard to the ceiling on unsecured advances (introduced

during May 1967) has been withdrawn. Simultaneously, all exemptions allowed for computation

of unsecured exposures also stand withdrawn: CCFO/ADV/CL/227/2004-05.

Clarification : CCFO/ADV/CL/239/2004-05

Revised definition of 'unsecured' exposure of a Bank : CIRCO/ADV/CL/227/2004-05.

Quarterly return : CIRCO/ADV/CL/254/2004-05.

Construction Entities : Loan Exposure : Risk determinants to be factored into assessment of

Construction Companies: CIRCO/ADV/CL/214/2004-05.

ICRA grading for construction entities is not mandatory. However, wherever grading is available,

the same may be kept in view at the time of sanction of proposals pertaining to construction

entities.

Construction Co. : Exposure : The Bank's instructions on the ceiling of nine times the net

owned funds for financing construction companies for setting up infrastructure facilities on contract

basis has not been withdrawn : CCFO/ADV/CL/42/2005-06.

Real Estate Sector : Bank’s Exposure : While appraising loan proposals involving real estate,

it should be ensured that the borrowers have obtained prior permission from Govt. / local Govt./

other statutory authorities for the proposed project, wherever required. However, with a view to

avoiding delay in processing of such loan proposals, these could be sanctioned in the normal

course, but the disbursements should be made only after the borrower has obtained requisite

clearances from the Govt. and the other related authorities : CCFO/ADV/CL/360/2005-06.

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Capital Markets : Bank’s Credit Exposure : Loans extended by Banks to equity-oriented Mutual

Funds as well as Irrevocable Payment Commitments (IPCs) issued by Banks in favour of stock

exchanges on behalf of Mutual Funds form part of Bank’s Capital Market Exposure (CME) :

e-Circular/360/2008-09.

Other Instructions detailed in e-Circular/360/2008-09.

Infrastructure Projects : Exposure Ceiling : The Bank has recently enhanced the term loan

exposure limit from the present 10% of the Bank’s domestic advances to 15% of the Bank’s

domestic advances : e-Cir/145/2009-10.

Industry Exposure Setting Norms : Advisories by Credit Risk Management Department (CRMD) :

CRMD advisories are based on a detailed review of the manufacturing activity. These examine

factors such as demand, capacities, production, technology, imports and exports, raw material

availability and costs, pricing, Government and Regulatory policies, etc. (which are generally not

applicable/relevant in determining outlook for the trading activity) : e-Cir/592/2009-10.

The advisories of CRMD in respect of approach towards lending and threshold Rating Grades for

various industries are only applicable to the Manufacturing units and should not be extended for

the Units trading in the goods manufactured by the units falling in those industry categories :

e-Cir/592/2009-10.

Advisories by Credit Risk Management Department (CRMD) : Authority structure to permit

deviations : e-Cir/831/2009-10.

Exposure Norms : Commercial Real Estate : RBI’s comprehensive guidelines on classification

of Real Estate Exposure : e-Cir/442/2009-10. Change advised vide e-Cir/489/2009-10.

Assessment of Group Risk : Detailed in e-Cir/464/2009-10.

Prudential Exposure Norms : Relaxations : Current Norms are detailed in e-Cir/149/2010-11.

In exceptional circumstances, RBI has permitted banks to consider enhancement of the exposure

to a borrower up to a further 5% of capital funds with the approval of the Bank’s Board. Before

approaching the Board for approval, a consent letter from the borrower that he is agreeable to

the Bank making appropriate disclosure in its Annual Reports, must be obtained : e-Cir/149/

2010-11.

Prudential Norms : Unsecured Advances : Advances to the infrastructure sector for construction

of road/highway projects under the Build, Operate, Transfer (BOT) model : e-Cir/61/2010-11.

Exposure Norms : Real Estate Sector : Revised Exposure Cap : Detailed in e-Cir/49/2011-12.

Exposure Ceiling : Real Estate Sector : Revised Ceilings : e-Cir/531/2011-12.

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WILFUL DEFAULT

(LATEST DEFINITION)

Ref. : RBI Master Circular (2013) :

Updated up to 30.06.2013 : e-Cir/545/2013-14.

Definition :

The term “wilful default” has been re-defined in supersession of the earlier definition as under :

A “wilful default” is deemed to have occurred if any of the following events is noted :

a) The unit has defaulted in meeting its payment/repayment obligations to the lender even when

it has the capacity to honour the said obligations.

b) The unit has defaulted in meeting its payment/repayment obligations to the lender and has

not utilized the finance from the lender for the specific purposes for which finance was availed

of, but has diverted the funds for other purposes.

c) The unit has defaulted in meeting its payment/repayment obligations to the lender and has

siphoned off the funds so that the funds have not been utilized for the specific purpose for

which finance was availed of, nor are the funds available with the unit in the form of other

assets.

d) The unit has defaulted in meeting its payment/repayment obligations to the lender and has

also disposed of or removed the movable fixed assets or immovable property given by him or

it for the purpose of securing a term loan without the knowledge of the bank/lender.

Diversion and Siphoning of Funds :

The terms “diversion of funds” and “siphoning of funds” should construe to mean the following :

Diversion of funds, referred to at para (b) above, is construed to include any one of the undernoted

occurrences :

a) utilization of short-term working capital funds for long-term purposes not in conformity with

the terms of sanction;

b) deploying borrowed funds for purposes/activities or creation of assets other than those for

which the loan was sanctioned;

c) transferring funds to the subsidiaries/Group companies or other corporates by whatever

modalities;

d) routing of funds through any bank other than the lender bank or members of consortium

without prior permission of the lender;

e) investment in other companies by way of acquiring equities/debt instruments without approval

of lenders;

f) shortfall in deployment of funds vis-a-vis the amounts disbursed/drawn and the difference not

being accounted for.

Explanation :

Borrowers/promoters indulging in frauds, forgeries, cheating, etc. are also declared as wilful

defaulters. (These acts tantamount to deliberate/international and calculated default.)

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DEFAULTERS, WILFUL DEFAULTERS

Lists of Defaulters : The RBI has entrusted the work of publishing the lists of defaulters (suit-

filed accounts) of Rs. 1 crore and above, as also, wilful defaulters (suit-filed accounts) of Rs. 25Lac and above, to the Credit Information Bureau (India) Ltd. (CIBIL) as on 31-03-2003 and

onwards : CIRCO/ADV/CL/37/2004-05.

The RBI, however, continues to deal with the data relating to non-suit-filed accounts of the

defaulters lists of Rs. 1 crore and above, and wilful defaulters of Rs. 25 Lac and above, which are

disseminated only to banks/financial institutions for their confidential use.

Wilful Defaulters : Modified Guidelines : para 1(b) to (ii) of CIRCO/ADV/CL/295/2003-04 stands

deleted: CIRCO/ADV/CL/47/2004-05.

Thus, the penal measure against directors of wilful defaulter companies is applicable in case of

financial institutions only and not in case of banks.

Wilful Defaulters : Clarifications : CIRCO/ADV/CL/83/2004-05.

Classification of a borrower as wilful defaulter and the mechanism for redressal of grievance of

the borrower concerned :

a) The first stage is the Identification of default as 'Wilful' based in the prescribed norms.

b) The borrower should thereafter be suitably advised about his classification as wilful defaulter,

along with the reasons therefor. The concerned borrower should be provided 15 days time

for making representation against such decision to the Grievance Redressal Committee,

if he so desires. The representations from such identified wilful defaulters should be received

at the branches, who should forward the same to LHO for onward transmission to the NPA

Management Department under the control of CGM (Credit Management) at the Corporate

Centre who should in turn put up the representation to the Grievance Redressal Committee,

for their consideration.

c) The final decision of the Grievances Redressal Committee should be advised to the

borrower by the concerned branch and thereafter the name of such borrower should be

included in the list of wilful defaulters.

RBI Defaulters’ List : Consolidated instructions of RBI with regard to defaulters and wilful

defaulters and the Bank's approach thereto : CIRCO/ADV/CL/148/2004-05.

Wilful Defaulters : Committee for identification of Wilful Default. Detailed in CCFO/ADV/CL/327/

2007-08. Reconstituted vide e-Cir/196/2012-13.

Wilful Defaulters : Grievance Redressal Committee : Reviewed and Reconstituted : Detailed e-

Cir/822/2012-13.

Steps : RBI has now reiterated that Banks / FIs should, inter alia, take various steps in order to

check wilful defaults and initiate criminal proceedings against wilful defaulters, wherever

necessary : CIRCO/ADV/CL/233/2004-05.

Approach with regard to initiating criminal proceedings against the wilful defaulters : CIRCO/

ADV/CL/233/2004-05.

Wilful Defaulters : Penal Measures : The borrowing company should not induct a person who is

a director on the Board of a company which has been identified as a wilful defaulter, and that in

case such a person is fund to be on the Board of the borrower company, it would take expeditious

and effective steps for removal of the person from its Board : CCFO/ADV/CL/25/2005-06.

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Approval : Wilful Defaulters : Whenever a borrower is to be identified as a wilful defaulter, it need

to be approved by the appropriate authority : CCFO/ADV/CL/317/2006-07.

The related procedure is detailed in CirCO/ADV/CL/150/2003-04.

Wilful Defaults : Review of Cases : RBI has advised that periodical reviews on cases of wilful

defaults should be submitted to the Audit Committee of the Bank : CCFO/ADV/CL/150/2005-06.

Format of half-yearly review: CCFO/ADV/CL/150/2005-06.

Suit-Filed Accounts : With effect from quarter ended March, 2003, dissemination of information

in respect of suit-filed accounts, is done by Credit Information Bureau (India) Limited (CIBIL)

through their website (www.cibil.com) instead of RBI : e-Circular/493/2008-09.

Wilful Defaulters : Deletion of Names : Deletion of the name(s) of the borrower(s) from the list

of wilful defaulters: CIRCO/ADV/CL/245/2004-05.

Wilful Defaulters’ List : Deletion of Names : Recent RBI Instructions : e-Cir/527/2008-09 :

As per the scheme of Defaulters/Wilful Defaulters, the data on defaulters/wilful defaulters can

only be collected from and disseminated to all scheduled commercial banks (excluding local

areas banks and regional rural banks) and All-India notified Financial Institutions (FIs). Therefore,

data from Asset Reconstruction Companies (ARCs) are not included in the defaulters lists. Further,

as the accounts are no longer in the books of the reporting Banks/FIs on account of selling/

assigning of assets to ARCs, they need not report such accounts to RBI/CIBIL in the Wilful

Defaulters Lists.

Wilful Defaulters : Reconstitution of Committees for Identification/Deletion of Wilful Defaulters

: at the Corporate Centre : e-Cir/196/2012-13.

Wilful Defaulters : Grievance Redressal Committee (GRC) : Reconstitution : at the Corporate

Centre : e-Cir/822/2012-13.

Wilful Defaulters : Reference to website of Ministry of Corporate Affairs (MCA) : List of Disqualified

Directors : The operating units are required to incorporate the position by verifying the list of

“Disqualified Directors”, in addition to verifying the position of Directors in the list of RBI Defaulters/

Wilful Defaulters : e-Cir/312/2012-13.

Wilful Defaulters : Action Thereagainst : Identification/Deletions of wilful Defaulters : Grievance

Redressal Committee (GRC) - Reconstitution : e-Cir/323/2012-13.

Wilful Defaulters : Formats of Notices : Standardisation : The concerned borrowers should be

provided reasonable time (say 15 days) for making representation against identification as Wilful

Defaulters to Grievance Redressal Committee (GRC) at Corporate Centre : e-Cir/445/2012-13.

Format of Notices, etc. : Enclosed to e-Cir/445/2012-13.

Wilful Defaulters : Identification & Declaration of name(s) of Company/Directors/Guarantors as

wilful defaulters (Rs.25 Lac and above - Suit-filed/non-suit-filed) : e-Cir/711/2012-13.

Format of proposal to be put up to Grievance Redressal Committee on appeal : Enclosed to e-Cir/

711/2012-13.

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Format of letter on deferment of personal hearing before Grievance Redressal Committee (GRC) :

enclosed to e-Cir/711/2012-13.

Wilful Defaulters : Rs. 25 Lac and above - suit-filed, non-suit-filed : Standard Format : of proposal

to be put up to the Committee(s) for Identification/Deletion of cases of Wilful Default : e-Cir/1087/

2012-13.

Default, Willful Default : PAN/DIN : The Bank has recently evolved the procedure detailed in e-

Cir/1125/2013-14 for verifying Defaulters/Willful Defaulters list of RBI/CIBIL and other CICs to

ascertain whether the names of the Directors and the Company appear in such lists while

processing the loan proposals and to incorporate the details in format ‘S’ : e-Cir/1125/2013-14.

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FRAUDS IN ADVANCES

Adv. : Frauds : Caution : Branches should exercise caution and be vigilant while sanctioning

loans and meticulously comply with the Bank’s instructions regarding due diligence on borrowers,

guarantors, etc. so as to avoid chances of impersonation/frauds, etc. : CCFO/BO/CL/309/

2007-08.

Due Diligence : It is desirable to review the position regarding due diligence in respect of outstanding

advances and arrange to sensitise the operating functionaries towards the need to exercising due

care in establishing the genuineness/enforceability of the borrowers/guarantors, title deeds, other

documents at the time of sanction and thereafter on a regular basis : CCFO/ADV/CL/146/

2007-08.

Fake Documents : Branches should verify the identity of the customer. They should also

confirm the genuineness of the documents produced for finance, from the competent authorities :

CIRFO/BO/CL/29/2004-05.

High-Value Adv. : Fraud Cases : Branches should adhere to various extant instructions in

respect of sanction (pre / post sanction), control, monitoring and follow-up of advances and

those pertaining to general banking areas. Branches are advised to pay more attention in those

areas where various irregularities/lapses have been observed in high-value fraud cases which

came to light in the recent past. Such areas are listed in CCFO/ADV/CL/167/2005-06.

Central Electronic Registry : The Central Electronic Registry provides a database on the

mortgages created by all the Banks : e-Cir/650/2010-11.

Due Diligence : The operating staff should exercise appropriate care and carry out proper customer

due diligence as per Bank’s laid down guidelines, while financing loan proposals to avoid the

recurrence of incidents of frauds in future : e-Cir/290/2011-12.

Staff Accountability : In terms of the instructions contained in the Vigilance Manual, no disciplinary

proceedings will ordinarily lie against any official for any lapse not detected within two successive

internal regular audits/inspections of the same account or four years from the date of the event,

whichever is later. (It is expected that second audit/inspection would be completed within four

years). This time-limit is, however, not applicable to cases of (i) fraud, (ii) other criminal offences,

(iii) cases where malafides are inferable : e-Cir/289/2011-12.

Cheques : Frauds : All branches should be vigilant while handling requests for payment of non-

home branch cheques relating to accounts not maintained with paying branch : CCFO/ADV/CL/

145/2007-08.

Advocates / Valuers / Chartered Accountants : Action thereagainst : Branches should exercise

due caution in the cases where loans are sanctioned on the basis of certificates issued by

advocates/ valuers / chartered accountants, and take suitable action in the cases of submission

of wrong certificates. Such cases as and when detected, should invariably by reported to the

self-regulatory bodies of the professionals, such as Bar Council of India, Institute of Engineers,

Institute of Chartered Accountants of India, etc., giving full particulars of the certifying

professionals : CCFO/ADV/CL/254/2005-06, CCFO/BO/CL/159/2007-08.

Advances : Expectations of the Bank from Chartered Accountants : CCFO/ADV/CL/111/2007-08.

Branches should take due precautions while dealing with CAs so that the pitfalls due to false/

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incorrect certification by Chartered Accountants in borrowal accounts, as far as possible, are

avoided.

Frauds Committed by Professionals, etc. : Frauds Committed by Professionals, third-party

entities (TTEs) : Guidelines for establishing procedure for creating database of IBA : e-Cir/218/

2010-11.

Guidelines for establishing procedure for creating Database : Reporting the names of professionals/

Third-Party Entities (TPEs) involved in Frauds to IBA : e-Cir/481/2011-12.

Branches should ensure that the operating units / branches forward the details of TPEs/Other

professionals engaged by them, who have been found wanting in their service having indulged in

malpractices, in the format enclosed to e-Cir/548/2011-12 to their controllers, i.e., CGM-SME,

CGM-CAG, CGM-MCG, CGM-SAMG, as the case may be, for eventual consolidation at the

CPPD and forwarding the same to IBA as per RBI guidelines.

Advances : Frauds : Guidelines for Establishing Procedure for Creating Database : Reporting

the Names of Professionals/Third Party Entities (TPEs) involved in Frauds, to Indian Banks’

Association (IBA) : IBA have recently advised the members banks that henceforth’ a “Certificate”

is to be submitted by the Banks to IBA that TPEs involved in frauds have been provided an

opportunity of hearing by the Bank is required to be signed by the CMD/MD of the Bank : e-Cir/

304/2012-13.

Adv. : Irregularities by Professionals : In addition to de-panelment, the Banks should approach

the professional bodies, as mentioned below, with complaints of professional misconduct on the

part of any professional engaged by the Bank for suitable action thereon : e-Cir/508/2012-13 :

a) Advocates - Bar Council of India.

b) Chartered Accountants/Cost Accountants - ICAI/CWA.

c) Surveyors/Valuers - Institute of Engineering.

In the event of an advocate engaging in professional misconduct, the right to proceed against him

before the Bar Council of India is available under the law to the Bank. Similar avenues are also

available to the Bank is case of Chartered Accountants and Surveyors/Valuers engaged in

professional misconduct.

Advances : Frauds by Professionals, etc. : Revised Reporting Format : Prescribed by IBA :

Enclosed to e-Cir/644/2012-13.

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OUTSOURCING OF

FINANCIAL SERVICES

Outsourcing of Fin. Services : Based on RBI guidelines, the Bank’s ECCB has approved the

policy for outsourcing of financial services in respect of credit-related matters. BOD at Corporate

Centre is separetely drawing up the Bank’s Policy related to outsourcing of matters not related to

credit : CCFO/ADV/CL/60/2007-08.

Outsourcing of Fin. Services : Credit-related Matters : The IBA now circulates list of outsourcing

agencies whose services were terminated and reported to the IBA by member Banks by way of

Circulars, on a quarterly basis : CCFO/ADV/CL/315/2007-08.

List, containing Names and Addresses of Service Providers forwarded to the Bank by the IBA

whose services have been terminated by Banks : CCFO/ADV/CL/316/2007-08.

Outsourcing : RBI Guidelines : The RBI as now advised that if a complainant does not get satisfactory

response from the bank within 30 days from the date of his lodging the complaint, he will have the

option to approach the Office of the concerned Banking Ombudsman for redressal of his

grievance/s : e-Cir/129/2008-09.

The Bank’s extant policy for Grievance Redressal Mechanism applies mutatis-mutandis (with

suitable modifications) to the complaints against the outsourcing agency received from our

customers. The key instructions relevant to the outsourcing policy are enclosed to e-Cir/129/

2008-09.

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BUSINESS FACILITATORS /

CORRESPONDENTS

BFs /BCs : Engagement : Scheme for Financial Inclusion by extension of Banking Services

through Business Facilitators and Business Correspondents : CCFO/ADV/CL/18/2007-08.

With the twin objective of ensuring greater financial inclusion and increasing the outreach of the

Bank combined with the need to substantially increase our market share in the rural and semi-

urban segments, a scheme for extension of banking services through “Business Facilitators” (BF)

and “Business Correspondents” (BC) has been formulated in line with RBI’s directives : CCFO/

ADV/CL/103/2007-08.

The Bank has signed a Memorandum of Understanding (MoU) with Department of Post, M.P.

Circle to facilitate the banking services as Business facilitators in the state of Madhya Pradesh.

Copy of MoU is enclosed to CCFO/ADV/CL/103/2007-08 (detailed separately).

Business Correspondents : Financial Inclusion by Extension of Banking Services : Engagement

of Business Correspondents : Individuals : The RBI have now permitted banks to engage individuals

like retired bank employees, ex-servicemen and retired government employees as Business

Correspondents (BCs).

Detailed operating guidelines : Detailed separately.

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BUSINESS FACILITATORS &

BUSINESS CORRESPONDENTS

Business Facilitator : Use of intermediate entities/individuals to provide support services for non-

financial services of the Bank. They are not intended to involve in the conduct of banking business.

Business Correspondent : Use of identified institutonal agents/organizations and other entities,

for supporting the Bank in extending financial services, operating from different locations away

from the Bank branches. They involve in the conduct of banking business.

Objectives :

• To provide comprehensive financial services to the under-privileged in the untapped/unbanked

areas encompassing savings, credit, remittance, insurance, pension products, etc. in cost-

effective manner.

• To improve process efficiencies and reduce transaction cost by adopting technology-based

solutions.

• To leverage on the strength of intermediaries in accelerating the process of financial inclusion.

• To substantially increase rural business base and market share.

• To market various financial products of the State Bank Group, including insurance and mutual

funds across the nation.

• To extend Micro Finance Services (Self-Help Groups) for uplifting the poor.

• To emerge as the leader in financial inclusion.

Eligible Entities :

Business Facilitator : NGOs, Farmers’ club, Funcitional Co-operatives, Community-based

organsiations, I.T.-enabled rural outlets of corporate entities, well functioning Panchayats, Agro

clinics/Agri business centres, Krishi Vigyan Kendras, KVIC/KVB, Post Offces, Insurance agents,

social organizations, etc.

BFs : AMFI Certificate holders have been approved for engagement as individual Business

Facilitators (BFs) by the competent authority : e-Cir/565/2009-10.

BFs : The role of BCs also includes the activities of BFs. Therefore, the additional categories of

eligible individuals advised vide e-Cir/435/2010-11 are also eligible for engagement of Business

facilitators (BFs).

Business Correspondents : NGOs/MFIs set up under Indian Societies/Trusts Acts, Societies

regstered under MACS Act of Co-operative Societies Act of States, Post Offces, etc.

BCs : Appointment of Additional Individuals : Salient Features of Operating Guidelines : e-Cir/

741/2009-10.

Detailed procedure furnished in e-Cir/683/2009-10.

BCs & BFs : Clarifications issued by the RBI : e-Circular/386/2008-09 :

a) Banks can engage companies registered under Section 25 of the Companies Act, 1956 as

Business Correspondents (BCs) provided that the Section 25 companies are stand-alone

entities, or Section 25 companies in which NBFCS, banks, telecom companies and other

Corporate entities or their holding companies do not have equity holding in excess of 10%.

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b) While engaging Section 25 companies as BCs, banks will have to strictly adhere to the

prescribed distance criteria as applicable between the place of business of the BC and the

branch.

The RBI recently increased the maximum distance criterion (distance between the place of

business of a BC and the base branch) for operation of Business Correspondent (BC) for

rural, semi-urban and urban areas (from the earlier 15 kms) to 30 kms : e-Cir/154, 564/

2009-10.

BCs : Eligibility : The Bank has finalized additional categories of eligible individuals for engagement

of BCs. The existing instructions for constitution of Selection Committee for engaging individual

BCs continue with a small change : e-Cir/233/2010-11.

BCs : Companies : The RBI has recently permitted banks to engage companies registered under

the Indian Companies Act, 1956, excluding Non-Banking Financial companies (NBFCs) as BCs.

Operating guidelines for engagement of ‘for profit’ companies as BCs, are detailed in e-Cir/737/

2010-11.

BCs, BFs : Restrictions : The Bank will have exclusivity at the Customer Service Points of the

SP for the BC/BF arrangement. Accordingly, an outlet of the BC/BF sourcing business for the

Bank should not source any banking/financial product for any other/Bank/Institution : e-Cir/136/

2010-11.

The above clause should be incorporated in all the agreements to be entered with BCs/BFs.

Business Facilitators : Categories : Since the role of a BC also includes the activities of BFs,

the three categories of individuals viz. Retired Bank Employees, Ex-servicemen and Retired Govt.

Employees have been approved for engagement as Business Facilitators (BFs) by the competent

authority : e-Circular/387/2008-09.

Business Facilitators : CSCs : The RBI recently permitted Banks to engage Common Service

Centres (CSCs) established by Service Centre Agencies (SCAs) under the National e-Governance

Plan (NeGP) as Business Facilitators (BFs) : e-Circular/767/2008-09.

BCs : Agreement : Revised Format of Agreement for BCs : Enclosed to e-Cir/1027/2010-11.

Incorporation of modified clause for renewal for BC agreement : e-Cir/1075/2010-11.

BFs & BCs : Renewal of Agreement : The Bank recently drafted a simple (unstamped) letter of

continuance, in consultation with the Law Dept. at Corporate Centre, which can be exchanged

with the BC/BF and would serve the purpose of continuation and renewal of the agreement : e-Cir/

571/2009-10.

BCs : Security Deposit : Amount of S.D. : Detailed in e-Cir/434/2010-11.

The customer base serviced by the BCs would also increase proportionately with increase in

CSPs. Consequently, provision needs to be made for complaints/disputes. In some cases, the

BC may have to make good the loss to the customer due to the acts of omission of the CSP.

Obtention of additional security deposits is a cushion against such occurrences.

BFs, BCs : Circle Audit : To ensure that the various risks are detected and mitigated by complying

with the laid down instructions by the RBOs/Branches/BC/BF/CSP, etc., suitable Audit Report

formats have been devised in the consultation with the I&A Dept., Hyderabad. Details furnished in

e-Cir/742/2009-10.

Further clarifications furnished in e-Cir/749/2009-10.

BCs, BFs : Sourcing of Agri/Per Gold Loans : Revised Instructions : e-Cir/778/2009-10.

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BUSINESS CORRESPONDENTS (BCs) - INDIVIDUALS,

BUSINESS FACILITATORS (BFs)

BCs, BFs : Business Correspondents, Business Facilitators : Restrictions : The Bank will have

exclusivity at the Customer Service Points of the SP for the BC/BF arrangement. Accordingly,

an outlet of the BC/BF sourcing business for the Bank should not source any banking/financial

product for any other/Bank/Institution : e-Cir/136/2010-11.

The above clause should be incorporated in all the agreements to be entered with BCs/BFs.

BCs, BFs : Remuneration : Revised Rates of Remuneration : w.e.f. 01.11.2010 : e-Cir/821/

2010-11.

BCs : Remuneration : Payment of Remunerations to Agents/Employees (CSPs) : BCs should

furnish a certificate from their auditors to this effect at half-yearly intervals. A suitable clause in

this regard should also be incorporated in the letter of engagement being exchanged with BCs :

e-Cir/879/2010-11.

Security Deposit : Revised Instructions : The securty deposit to be equal to average 2 days of

the estimated turnover at the CSP (deposit, payment and remittances) with discretion to reduce

the minimum amount from Rs.0.50 Lac to any amount up to Rs. 0.25 Lac, i.e., the minimum

amount of security deposit cannot be less than Rs.0.25 Lac. The discretion to reduce the amount

rests with the Selection Committee : e-Cir/884/2010-11.

BCs, BFs : Security Deposit : Format of Bank Guarantee : To be obtained for engagement of

Business Correspondents (BCs) / Business Facilitators (BFs) in lieu of Security Deposit : Enclosed

to e-Cir/1016/2010-11.

Education Qualification : Revised Instructions : The condition has been amended as :

“Individuals who can read and write vernacular language”. The discretion to relax this condition

rests with the Selection Committee. The discretion should, however, be used by the Selection

Committee only as an exception in deserving cases, and not as a rule. Where discretion to relax

the educational qualification is used, giving relaxation in security deposit simultaneously should

be avoided : e-Cir/884/2010-11.

BCs : Service Charges : The competent authority has waived the charges on account of cheque

book fee, minimum balance fee, inter-core charges, ledger fee, etc. in respect of current account

- Funds settlement account - being maintained by BCs with the Branches : e-Cir/874/2010-11.

BCs : Sub-Agents/CSPs : BCs should ensure compliance with the selection procedure while

engaging sub-agents/CSP operators. Acknowledgement may be obtained from the BC on the

duplicate copy of the letter advising BC for the selection procedure and retained along with

application/agreement : e-Cir/1033/2010-11.

Banks are fully responsible for the actions of the BCs and their retail outlets/sub-agents. Hence,

it is necessary to ensure that the BC follows the proper selection procedure while appointing sub-

agents.

BCs, CSPs : Customer Service Points : Reputation Risk : Measures for its mitigation : e-Cir/

1059/2010-11 : deailed separately.

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BCs : Policy for Allocation of Urban Customer Service Points (CSPs) : e-Cir/1070/2011-12.

BCs : Monitoring : of Customer Service Point (CSP) of Business Correspondents (BCs) : In-

structions of Department of Financial Services (DFS), Govt. of India : reiterated vide e-Cir/1071/

2011-12.

BC/CSP Channel : Process of migrating Branch channel accounts to BC channel working on

PoS device and kiosk banking technology : Detailed in e-Cir/013/2013-14.

BCs : ‘Do’s & Don’ts’ : Displaying ‘Do’s & Don’ts’ at the CSP Outlet - Kiosk Banking Operations :

e-Cir/9/2011-12.

BCs : Financial Inclusion Centers : Structure and Functions of FIC : Detailed in e-Cir/139/

2011-12.

The FIC is a back-office support structure for the BCS/CSPs. Its activities include uploading of

account opening files received from the CSPs in the CBS, ensuring regular supply of stationery,

account opening forms, sign-boards, to the CSPs, monitoring of settlement accounts, visit to the

CSPs to ensure compliance of instructions by the CSPs, custody of agreements and account

opening forms, sanction of loans sourced by CSPs/BCs to be made available at CSPs, marketing

of Bank’s products at CSPs, verification of compliance with KYC norms by CSPs, etc.

BCs, BFs : Consumer Protection Measures : Reiterated vide e-Cir/389/2011-12.

BFs : Business Facilitators : Individual BFs : In view of the likely reputation risk to the Bank, the

functioning of the BF channel has been reviewed by the Bank and it has been decided to (e-Cir/

34/2012-13.) :

i) To discontinue to engagement of fresh individual BFs.

ii) To terminate existing individual BFs on expiry of their agreement.

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ENGAGEMENT OF BUSINESS CORRESPONDENTS (BCS)/

CUSTOMER SERVICE POINTS ( CSPS) :

REPUTATION RISK-MITIGATION

Ref. : e-Cir/1059/2010-11.

While conducting the cash transactions at CSPs, i.e., deposit/withdrawal/remittances, a few

CSPs have been found to indulge in malpractices such as asking for unauthorised money, over

and above the Bank’s approved rates of charges from the customers, for the service they are

rendering, particularly in remittances/Tatkal transaction, which is in contravention to the Bank’s

extant instructions. The gullible customers at the CSPs are likely to be exploited. This behaviour

poses serious risk to the reputation of the Bank.

The following measure should be adopted to mitigate reputation risk :

• Due diligence to be exercised at the time of selection of BC/CSP.

• Involvement of Link Branch/CMFs in the process of selection of CSPs and carrying out due

diligence as applicable for BC.

• Displaying Do’s and Don’t’s for customers while dealing with BCs/CSPs at the outlet.

• Displaying the structure of fess/charges to be borne by the customers at CSP outlet.

• Close monitoring of the activities of CSPs/BCs by CMFs/Link Branch/ CM (Rural)/AGM of

the Region, including periodical visits.

• Obtention of feedback from customers at periodic interval by CMFs/Link Branch and analy-

sis thereof.

• Audit of the CSP outlet by Circle Auditors while conducting the audit of the Link Branch.

• Imparting training to CSPs/BCs and hand-holdings.

• Customer education and financial literacy - Awareness campaign in the villages where CSPs

are functioning by CMFs/Link Branch/District co-ordinator.

• Identifying opinion leaders in the villages and keeping contacts with them for knowing the

functioning of CSPs/BCs.

• The contact numbers of Link Branch Managers/CMFs/CM (Rural) AGM of RBO should be

prominently displayed in the CSP, with an advice to customers to contact any of the officials

for any instance of overcharging/ unauthorized charges by the CSPs.

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FAIR LENDING PRACTICES CODE (FLPC)

FLPC : The Bank has now adopted a model 'Fair Lending Practices Code' (FLPC), a copy of

which is enclosed to CIRCO/ADV/CL/19/2004-05.

Format for periodical review of the functioning of the grievance redressal mechanism is enclosed

to CIRCO/ADV/CL/19/2004-05.

Response to a complaint should be generally given within 4 weeks from the date of receipt.

Proper record thereof should be maintained at the branches for perusal by officials of Inspection

& Audit Department.

Fair Practices Code for Lenders : Disclosure : The RBI have recently advised that with a view

to bringing fairness and transparency, the sanction letters/loan application forms should cover all

information about fees/charges payable for processing the loan application, the amount of fees

refundable if loan amount is not sanctioned/disbursed, pre-payment options and charges, if any,

penalty for delayed repayments, if any, conversion charges for switching loan from fixed to floating

rates or vice versa, existence of any interest re-set clause and any other matter which affects the

interest of the borrower : e-Cir/727/2010-11.

Loan Applications : Ackmt. : It is now mandatory to acknowledge all loan applications submitted

by MSME borrowers by recording running serial number on the application as well as on the

acknowledgement receipt : e-Cir/926/2011-12.

Advances : Disposal of Applications Seeking Finance : Time-limit prescribed by the Govt. of

India : e-Cir/554/2011-12.

The time norms of 30/45/90 days mandated by the GOI are the outer limits, for various loans;

these time-lines are sacrosanct and should be adhered to without any deviation

FLPC : Rejection of Loan Applications : Modified Provisions : CCFO/ADV/CL/104/2007-08 :

a) Along with the loan application form, the applicant should also be provided with a schedule

of various charges such as processing fee, pre-payment fee, etc. payable by him.

b) The existing proforma (Annexure-I enclosed to CCFO/ADV/CL/104/2007-08) for advising

rejection of a loan proposal for loans up to Rs. 2 Lac should now be made use for loan

applications above Rs. 2 Lac as well, with the proviso that the reason for rejections may be

suitably modified on a case to case basis, where considered appropriate.

Adv. : Non-sanction of Loans : Legal Opinion : Availing loan from the Bank is not a right

available to a person. It is the discretion of the Bank to grant the loan. It is advisable to

incorporate a sentence in the advertisement to the effect that loan will be granted by the Bank at

its discretion, and that the Bank reserves the right to decline any request for grant of loan without

assigning any reason : CCFO/ADV/CL/71/2005-06.

FLPC : Adoption : Operating units should invariably furnish a copy of the loan agreement along

with copies of all enclosures quoted in the loan agreement to all Borrowers at the time of sanction/

disbursement of loans against their acknowledgement : CCFO/ADV/CL/334/2007-08.

FLPC : Fees/Charges : RBI have now advised that the Banks besides providing information

about the fees/charges must inform all-in-cost to the customer to enable him to compare the

rates charged with other sources of finance : e-Cir/583/2008-09.

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Please also ensure to incorporate that the rates are subject to change from time to time as

decided by the Bank. However, such changes will be effected prospectively after giving public

notice to this effect.

Review of G.R.M. (Grievances Redressal Mechanism) : Review : Revised Structure : e-Cir/62/

2009-10.

Loan Applications : Time Norms for Disposal : The policy approved by the ECCB is furnished in

e-Cir/218/2012-13.

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BEST PRACTICES CODE :

CREDIT MANAGEMENT

• Completed Loan Application / Bio-data should be entered in Loan Applications Received

and Disposal Register. At the Processing Cells, the Loan Application should be entered in

Tracking Sheet also.

• On receipt of Application, requisite documents and application fee, an acknowledgementshould be given to the Customer.

• Preliminary scrutiny should be done to ensure compliance with KYC norms and for prima

facie acceptability of the proposal. Compliance with Check-list should be ensured before

processing the proposal.

• Any application fees e.g. Mortgage Fee, Processing / Upfront Fee, Fee for Valuation of

Property, Fee for Legal Opinion, etc. should be recovered through an Account Payee Cheque

/ Banker’s cheque.

• The key data regarding date of receipt of proposal and processing / sanction / rejection /

return, etc. should be recorded in Tracking Sheet. A date chart should be enclosed with all

proposals.

• Details of concurrent dealings of the prospective customer with any other Bank / Financial

Institution should be obtained. If required, opinion report from other Bank / Financial Institution

should be called for.

• Information should be obtained about all associate / family / group concerns, along with

details on the inter-concern locking of funds and opinion report be sought from their Bankers.

• CIBIL data should be referred to and the Applicant’s details should be cross-checked with

RBI’s Defaulters’ List.

• Gaps found, if any, in the proposal should be advised to the Customer and further information/

documents sought.

• Opinion Reports on Promoters/Borrowers/Guarantors be compiled/updated.

• Preliminary Searches for Corporate Accounts should be made at the ROC Office and

Regd. Office of the Company.

• Valuation Report of the property to be charged to the Bank should be obtained from approved

valuer. Search Report on Title clearance/Non-encumbrance/Marketability of the property

should be obtained from Bank’s panel Advocate in the Bank’s approved format.

• The Bank officer should visit the site to ascertain correctness of the address and approximate

value of the property. Market enquiries should be made to ascertain ownership / occupancy

of the property. The date of pre-sanction visit for inspection of Primary / Collateral Security

should be recorded in the proposal.

• CGTMSE/ECGC cover, wherever intended to be obtained, should be intimated to the customer,

along with details of applicable fee/charges, etc.

• Pre-Sanction Survey should be done in all cases and properly recorded.

• The loan proposal should be appraised as per the Bank’s laid down procedure. CRA exercise,

wherever applicable, should be completed and got validated.

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• Sanction/approval for concessions or waivers should be obtained from the Appropriate Authority

as per current Delegation of Powers. Should also comply with the relevant regulatory guidelines.

• Control Return should be submitted to the Controlling Authority immediately after the sanction

of loan.

• Sanction letter of the loan, along with its Terms and Conditions, should be advised and

acceptance obtained from the Borrower-Customer and Guarantor, on the Arrangement Letter;

it should be kept along with other documents. In case of sanction at Processing Cell, the

sanction should be promptly advised to the Branch concerned also.

• In case of rejection of loan application, the same should be advised to the Applicant, citing

the reasons therefor.

• Security Documents, properly stamped, as prescribed for the advance should be obtained.

The documents should be executed by the Borrowers / Authorised persons on behalf of the

borrowers. In case of corporates, it should be backed by suitable Board resolution.

• The list of documents obtained should be entered in the loan document execution register,with the signature of the official in whose presence it was executed.

• Loan should be disbursed after compliance of all terms and conditions of sanction.

• Noting of the charge with ROC or other Revenue Authorities should be ensured.

• Required margin should be obtained upfront.

• The loan should be disbursed by direct payment of the supplier.

• Term Loan disbursement should be in stages as per disbursement schedule in line with

progress of implementation of the project.

• The disbursement should be made after inspection by the authorised official.

• End-use of funds should be ensured through post-disbursement monitoring / follow-up.

• Assets charged to the Bank should be insured comprehensively, unless specifically waived

by appropriate authority, for full market value or 110% of the sanctioned limits, whichever is

higher, covering all related risks, with the Bank’s interest noted thereon.

• Operations in the loan account should be scrutinised to ensure that these are in line with

declared activities and satisfactory conduct.

• Stipulated statements like Stock Statements, FFRs, MSOD, Annual Financial Statements,

etc. should be obtained as per terms and conditions of sanction in the prescribed formats.

For delayed submission, penal charges should be recovered as per extant instructions.

• Correct rate of interest should be applied. Revision, if any, should be promptly intimated to

the customer. Duplicate copy, along with the acknowledgement, to be kept with other

documents. Service charges should be collected as per approved rates.

• Irregularities in regard to conduct should be promptly taken up with the customer / guarantor

for regularisation.

• Irregularity Report should be submitted to the Controllers, for seeking necessary confirmation.

• Particulars related to the customer / guarantor / concern e.g. address, contact details, legal

heirs, etc. should be kept up-to-date.

• Stock statements submitted by the Borrower should be scrutinised and DP calculated as

per sanction. The DP should be modified and recorded in the system.

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• Verification of assets should be done at prescribed periodicity at irregular intervals, wherever

mandatory as per laid down norms.

• Stock Statements should be verified with the Stock Register for its correctness. Obsolete /

Non-moving stocks, if any, should be excluded for calculation of Drawing Power.

• Inspecting official / AVOs should submit the inspection report to the Controller and share

the adverse observations, if any, with the customer also. Book-debts beyond the cover period

stipulated in the sanction should be removed from the list of outstanding Book-debts given to

the Bank.

• Renewal / Review falling due Diary should be maintained and Financial data/ requisite

information should be called timely. Customer is required to submit Renewal data at least 2

months before the renewal falls due. The date of renewal should be incorporated in the CBS.

• Working Capital advances should be renewed every year and Term Loan should be reviewd

annually.

• CRA to be carried out annually independent of Renewal / Review.

• It is to be ensured that Security Documents always remain enforceable. Efforts for revivalshould be initiated at least nine months before expiry of the documents. Daily list should be

maintained properly for obtaining Revival Letters.

• SMAs (Special Mention Accounts) to be identified monthly and appropriate corrective actions

initiated immediately.

• Proper classification under IRAC norms to be ensured. Accounts identified as SMA / NPA,

appropriate approaches laid down for Regularization / Rehabilitation / Restructuring / Recovery

to be followed.

• The SMAs / NPA accounts, where recovery process is considered to be initiated, a legal

notice should be served to the Borrower / Guarantor and appropriate recovery action (Civil

Suit / DRT / SARFAESI / Recovery Certificate, etc.) started. Before the recovery proceedings

are started, it should be ensured that security documents, charges, etc. are in order.

• Instant Credit Scheme is now available up to Rs. 30,000/-. Proper records of cheques returnedshould be maintained customer-wise; due diligence should be observed before extending the

facility again to the same customer(s).

Ref. : e-Cir/619/2009-10.

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DEBT SECURITISATION

Process : Securitisation of assets is a good source for recycling of funds in addition to the

existing channels. It is a novel technique capable of revolutionising the debt market by

transforming assets, fixed and current, into tradeable securities, thus making them liquid

(and then selling securities in market). Defined in Sec. 2(z) of SARFAESI Act, 2002.

The concept of securitisation is catching on in India.

To use a new-classic definition, asset securitisation is a “carefully structured process whereby

loans and other receivables are packaged, underwritten and sold in the form of asset-backed

securities” : SBI Monthly Review, Oct. 1992.

In the broad sense, securitisation refers to the process whereby credit is accessed in the

form of negotiable securities by direct matching of suppliers and users of loanable funds,

thus bypassing balance sheets.

Securitisation is a funding process which allows banks to take loans off their balance sheet

thereby removing the risk of default and freeing up capital.

Flow Chart :

SECURITISING COMPANY ———————->——————— SELLS LOANS

é ê ê

INTERMEDIARY ———————————>—————----—— TRUST

(usually, a bank)

é ê ê

BUYERS —————————————<——————--------—-- A.B.S.

(Asset-based

security)

Asset securitisation is a synthetic technique of conversion of assets into securities, securities

into liquidity, liquidity into assets and assets into securities on an ongoing basis, increasing

thereby turnover of business and profits, while also providing for flexibility in yield, pricing

pattern, size, risks and marketability of instruments used to the advantage of both borrowers

and lender/investors : IIBJ, April-June 1993.

The SRESI/SARFAESI Act, 2002 prescribes the legal framework for securitisation. Further

details furnished in respective Chapter.

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ADVANCES :

SOME LEGAL ISSUES

Financing to Deaf & Dumb Illiterate : Legal Opinion :

The essential requirement for making the execution valid is that the executant should understand

the implications of the documents executed by him. In the instant case, the borrower is deaf and

dumb and is illiterate also. The document, therefore, cannot be explained to him by any one

except those who understand his language. If it becomes necessary to finance him, it is sug-

gested that persons who train deaf and dumb in the Institutions can be called at the Branch to

explain the implications of the documents to him and their evidence may be recorded for having

explained the documents to him. This is only a practical solution. Even so, there is always a riskin proving before the court that the documents were properly explained. The Bank will have to

depend upon the evidence of the person(s) who had explained the documents to him.

Interest Rates : Court’s Discretion :

N.I. Act, Sec. 79 : This section does not prevail over Sec. 34 of Civil Procedure Code, 1908. Both

are Central Acts covering the same field viz. the power of discretion given to the Court to fix a date

for payment of interest pendente lite (during the course of litigation; i.e., during the pendency of

the case). In addition, Sec. 34 of the Code does give power to fix rate of interest also. This section

applies to the claims based on negotiable instruments as well : Union Bank of India v/s P. Krishnaiah

& another, AIR 1989, AP 211.

Recovery of Rent Dues :

If the landlord impleads the lending banker as a defendant in a suit filed for recovery of rent dues,

the Bank has no option but to defend it forcefully. It should be made clear in the reply that the

Bank has no privity of contract with the landlord, and that the goods/machinery stored/installed in

the premises are charged to the bank as a pledgee/hypothecatee.

Recovery of State Govt. Dues :

As per the Sec. 33-C of the M.P. Sales-Tax Act, the State Govt. has a first charge over the

property of the person having sales-tax dues (tax and or dues). The Govt.’s charge will rank priorto that of the Bank regardless of when the charge was taken. The Chief Legal Adviser at the

Corporate Centre has opined that the provisions of the amended section are operative on allassets charged to the Bank even prior to 19th January 1976, when the amendment came into

force.

It is, therefore, imperative that timely and effective steps are taken by the branches to ensure

prompt payment of sales-tax by units financed by us. With this end in view, the receipted challans,

etc. should be called for periodically for close scrutiny.

No additional facilities/enhancements in limits should be made available to a defaulting unit with-

out the prior sanction of the concerned controlling authority.

Direct Payments :

Letters to Suppliers : To guard against the contingency of utilising the proceeds of the

drafts/banker’s cheques without actually delivering the vehicles, the usual forwarding letters

(of Account payee drafts/banker’s cheques) to the suppliers should contain the prescribed

additional paragraph (as per SIB/CL/77/1985), in respect of breach of trust.

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Bank’s Liability in case of Accidents :

The hypothecating bank is not liable for the payment of compensation to the injured

passengers/victims of the accident caused by the hypothecated vehicle [as the bank is only

a creditor of the owner of the vehicle and holds the vehicle as security with neither de jure (in

the law) nor de facto (in fact) possession of it nor title to it] : Bank of Baroda, Ahmedabad v/

s Rabari Bachubhai Hirabhai & others, AIR 1987 Guj 1986 (I) G.L.R. (p. 144), SBI Monthly

Review, Jan. 1990.

Despite this, if the financing bank is impleaded as a defendant, the bank has no option but

to defend the suit forcefully. (If a defendant does not defend a case in the court, the court

proceeds ex-parte against him and a decree/award may be awarded against such a defendant).

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MID-CORPORATE GROUP (MCG)

Introduction :

The MCG was originally created under the Corporate Banking Group. Now, MCG is an independentGroup.

The MCG operates through Regional Offices and branches.

Objectives :

The M.C.G. (Mid-Corporate Group) has been created with the following objectives :

a) Providing exclusive focussed attention on the banking requirements of MCs (Mid-Corporates);

b) Selling vigorously our various products to these MCs through Relationship Management

model;

c) Improving turn - around - time (TAT) for credit delivery and ensuring consistency in credit

appraisal/quality;

d) Achieving the ultimate goal of increasing our income and market share in this segment; and

e) Improving customer service levels.

The ultimate objective is increasing our market share and income in the Mid-Corporate Business

Segment and thus strengthening the Bank’s Balance Sheet.

Structure :

The Mid-Corporate Group (MCG), headed by a Chief General Manager, has been created at the

Corporate Centre.

Mid-Corporate Regions (each headed by a General Manager) have been created in Mumbai,

Ahmedabad, New Delhi, Kolkata, Hyderabad, Chennai and Bangalore.

Select branches (in identified centres) with, high concentration of MC units, have been identified

as Sales Hubs and have been brought under the direct control of the Mid-Corporate set-up.

Also, Mid-Corporate accounts at branches in some additional identified centres, other than those

at MC-owned branches, have also been brought under control of additional Sales Hubs in the Mid-

Corporate Group through the Off-site model.

Mid-Corporate Group (MCG) : It was originally created under the Corporate Banking Group.

Now, MCG is an independent Group.

The MCG operates through Regional Offices and branches.

The cut-off total indebtendness for SME/commercial advances has been recently revised to

Rs. 50 crore for handling of business by NBG Branches at all MCG Centres : e-Cir/733/2010-11.

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Strategies :

While deepening the relationship value with existing MC clients through increasing the share of

the wallet and preparing a time-bound programme for acquisition of new business, some specific

strategies are being followed for securing a substantial expansion in Mid-Corporate business :

a) Pre-screening based on selected criteria for identifying customers to be targeted.

b) Account-planning for estimating business and revenue potential of existing/prospective clients.

c) Devising marketing/selling strategies for cross-selling of products of the Bank and Bank’s

subsidiaries.

d) Creating/customising products/services in tune with MC requirements.

e) Setting up technology-based facilities for handling bulk transactions in cash management,

trade finance, forex and treasury products.

f) Improving customer service levels.

With the launch of the MCG, the Bank expects the new thrust on Mid-Corporate business, based

on Relationship Management, to yield results in terms of increased volumes of business, both

credit-based and fee-based, and resultant income through improved turn-around-time (TAT) for

credit processing/delivery and improved service levels for Mid-Corporate customers.

Miscellaneous :

The philosophy underlying the creation of MCG is to increase the market share and to improve the

earnings from each of the Mid-Corporate (MC) accounts through meticulous Account Planning.MCG has been set up on Relationship Management basis, thrust being on aggressive marketing

for acceptable business.

The business model under MCG is operative at the centers where MC business has significant

concentration. The model functions as under :

w MCG has select Owned Branches in identified important centers all over the country and

these are controlled directly by MCG.

w It is also responsible for Off-Site MC accounts at identified centers (including those mentioned

above), at branches, which are under NBG (National Banking Group).

At centers, where MC-owned branches of MCG exist, and at additional centers, where there is

adequate concentration of MC accounts, the MC business is handled by MCG. Off-Site MC

accounts at all these centers continue to be serviced in NBG branches.

The Relationship Managers (RMs) for Off-Site MC accounts actively market for new MC business

and also strive to increase the wallet share from existing MC accounts. All such business generated

by the RMs is retained at the NBG branches concerned at the aforesaid centers.

For branches which have off-site MC Accounts at identified centres under NBG, some guidelines

have been prescribed for smooth transaction of business as well as in understanding the correct

role and responsibility of Relationship Managers (RMs)/Branch/Branches in handling off-site Mid-

Corporate Accounts in NBG.

The branches whether MCG-owned or under NBG should ensure that no acceptable business

whether MC or Retail goes past the Bank.

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STRESSED ASSETS MANAGEMENT GROUP (SAMG)

One of the initiatives suggested by the consultants (McKinsey & Co.) is the creation of a separate

organisation at the Corporate Centre for handling the NPAs of CAG and Mid-Corporate Group

[including NBG NPAs at SAMBs/RARBs and MC-owned branches, as well as NPAs with

outstandings above Rs. 1.00 crore (originally, above Rs. 5 Crore) at NBG branches at the MC-

owned branch Centres and control accounts].

Current Enhanced Ceiling (2013) : Above Rs. 10 Crore (w.e.f. March 2013).

This enables these groups to focus on clean business, without getting involved in NPAs. This new

organisation has been named as Stressed Assets Management Group (SAMG).

SAMG is now headed by a Dy. Managing Director. The SAMG controls the Stressed Assets

Management Branches (SAMBs). The Bank converted RARBs into SAMBs during 2004 and

brought them under the direct control of SAMG at the Corporate Centre.

SAMBs are kept as lean outfits with limited resources; they will continue to draw support from the

various Departments of the LHO on an on-going basis.

In 2010, the Bank decided as a policy matter to shift the control of Stressed Assets Resolution

Centres (SARCs) from Deputy General Manager (SAMB) to the respective Deputy General Manager

(B&O) in the Circles to maintain Circle ownership of the accounts throughout their lifecycle and

also to end dual control of NPAs. In addition to it, the SARCs have been re-named as Stressed

Assets Recovery Branches (SARBs).

Latest changes regarding control of SARBs, (2013-14) : detailed in ‘Misc. Topics’.