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21 October, 2021

Qualitative Judgment

 

If   an y   u nc e rtai nt y   or   doubt   a ris es   in   res pe ct   of   r e cov er y   of   a n y   C ontinu ous   Lo an ,

Dem and Lo an  o r  Fix e d  Te rm  Lo an,  t he  s ame  will  h av e  to  b e  clas sifi ed  o n  the  b asis  o f qualit ativ e judgment be it classifiable or not on the basis of objective criteria.The concerned bank will classify on the basis of qualitative judgment and can declassify theloans if qualitative improvement does occur.But if an y loa n is cl assi fi ed b y t he In spe ction T eam o f Ba n glad es h Bank, th e s a me ca n bedeclassified with the approval of the Board of Directors of the bank. However, before placingsuch case to the Board, the CEO and concerned branch manager shall have to certify that theconditions for declassification have been fulfilled

LOAN CLASSIFICATION AND PROVISIONING

Basis for Loan Classification :
01. Objection Criteria
02. Qualitative Judgement
All good loans are treated as Unclassified and Overdue loans have been classified into 4 categories
01. Special Mention (SM) Account
02. Sub-Standard (SS)
03. Doubtful (DF)
04. Bad & Loss (BL).
Objective criteria for determining the preliminary classification status is as under : For Continuous Loans & Demand Loans :

Period of Arrears                                                               Classification Status a) Less than 3 months                                                                        UC
b) 3 months or more but less than 6 months                                      SM c) 6 months or more but less than 9 months                                      SS d) 9 months or more but less than 12 months                                    DF e) 12 months or more                                                                         BL
Term Loans upto 5 years :
Period of Arrears                                                               Classification Status
a) Less than 3 months                                                                        UC b) 3 months or more but less than 6 months                                      SM c) 6 months or more but less than 12 months                                    SS d) 12 months or more but less than 18 months                                  DF e) 18 months or more                                                                         BL
Term Loans for more than 5 years :
Period of Arrears                                                               Classification Status
a) Less than 3 months                                                                        UC b) 3 months or more but less than 12 months                                    SM c) 12 months or more but less than 18 months                                  SS d) 18 months or more but less than 24 months                                  DF e) 24 months or more                                                                         BL
Term Loans for more than 5 years :
Period of Arrears                                                               Classification Status
a) Less than 3 months                                                                        UC b) 3 months or more but less than 12 months                                    SM c) 12 months or more but less than 36 months                                  SS d) 36 months or more but less than 60 months                                  DF e) 60 months or more                                                                         BL
Provision for Classified Loans : 
04. Bad & Loss                                                          -          100%

Maintenance of provision:
(a) (i) Banks will be required to maintain General Provision in the following way :( 1 )  @  1 %  a g a i n s t a l l  u n c l a s s i f i e d  l o a n s  ( o t h e r t h a n  l o a n s  u n d e r S m a l l  E n t e r p r i s e  a n d Consumer Financing and Special Mention Account.)(2) @ 2% on the unclassified amount for Small Enterprise Financing.(3 )
@  5 %  o n  t h e  u n cl a s s i f i e d  a m o u n t  f o r  C o n s u m e r  F i n a n c in g  w h e r e a s  i t  h a s t o  b e m a i n t a i n e d  @ 2 % o n t h e u n c l a s s i f i e d  a m o u n t  f o r ( i ) H o u s i n g  F i n a n c e  a n d  ( i i ) L o a n s  f o r  Professionals to set up business under Consumer Financing Scheme (4)  @  5%  on  t he outsta ndin g am ount o f lo ans ke pt in the 'S pe cial Me ntion A cco unt ' aft e r netting off the amount of Interest Suspense.(b )  ( i )  B a n k s  w i l l  m a i n t a i n  p r ov i s i o n  a t  t h e  f o l l o w in g  r a t e s
i n   r e sp ec t   o f   c l a ss i f i ed Continuous, Demand and Fixed Term Loans:(1) Sub-standard 20%(2) Doubtful 50%(3) Bad/Loss 100%(ii) P rovisi o n in r esp ect of S hort -t erm A gric ultur al and Micr o - Credit s   is   to   be   m aint ain ed   at the  following  rates:( 1)   All   c r edits   ex c ept   'Ba d/ Loss '(i .e .
'Dou btful ', 'S ub -st and ard ', ir re gul ar a nd r e gula r c redit accounts) : 5%(2) 'Bad/Loss' : 100%5. Base for Provision :Provision will be maintained at the above rate on the balance to be ascertained by deductingthe amount of 'Interest Suspense' and value of eligible securities from the outstanding balanceof classified account



Purpose Oof provisioning:

1. loans are regularly reviewed and prudently classified in a manner that appropriately reflect credit risk;

2. loans which are not performing in accordance with contractual repayment terms are timely recognized and reported as past due ;

3. accrued but uncollected interest on loans is properly accounted for; and

4. timely and adequate provisions are made to the ―Provisions for Loan Losses Account‖ in order to ensure
that disclosed capital and earnings performance are accurately stated.

loans and advances will be grouped into following categories

Continuous 
Loans which are continuing having no definite repayment schedule but with a limit and expiry date are
called continuous loan. For example CC, OD etc.
Loans and advances without fixed repayment schedule but having an expiry date and a limit are called continuous loan such as CC, OD etc.
Demand
Loans which are payable on demand. Contingent or forced loan is also treated as demand loan. For
example, forced PAD, LIM, FBP etc. (i.e. without any prior approval as regular loan).
Demand loans are those loans which are repayable on demand such PAD, LIM, FBP.
Any contingent liability, if converted into loan under forced circumstances will also be               treated
as Demand Loan.
Fixed Term Loan :
Loans which are payable within a fixed repayment schedule are called Term Loan.
For example, House Building, Transport Loan.
 Short Term Agricultural Loans :
These short terms loans are given by banks at the instructions of Agricultural Credit Department of
Bangladesh Bank on yearly basis under agricultural loan scheme. Loans on agricultural sector repayable within 12 months are included in this category of loan. Short term micro credit will include any micro credits not exceeding Tk.25,000/- and repayable within 12 months are also treated as short term loan.
Overdraft :
Temporary financial accommodation with a certain limit granted in customer‘s SOD A/c. Interest calculated
on daily product basis.
Cash Credit :
Financial accommodation in a separate account with a certain limit and validity, secured by pledge or
hypothecation of goods.
Clean Loan/Unsecured Loan :
Loan which is granted to a borrower without obtaining any security from him is called Clean Overdraft or
Clean Loan.
What is Working Capital :
The capital left to work within running the company‘s day to day business i.e. the left over from a
company‘s paid up capital and reserves after all its fixed assets have been bought.
Micro-Credit :
Refers to small credit specially credit for the poor, agriculture, rural development and other types of credit
for poverty alleviation. NGOs in our country are engaged in financing micro-credit needs of the rural areas.
Consortium Advance : 
Consortium loan means joint finance by more than one bank to the same party against a common security. The entire security remains charged to all these banks for the total advances. All the consortium banks have a Pari Passu charge on the security.
Industrial Finance :
By „industrial finance‟ we mean financing money to various industries of the country for meeting their
multifarious needs and requirements. The term ‗project‘ for our purpose means the establishment of a new
enterprise or the introduction of something new into an existing product mix.

Factors to be considered while granting loan, Features of Good Securities

Features of loans
Liquidity
Safety
Loan purpose
 Profitability 
Types of security
Financial status of the borrower
Character of borrower
Loan to be given in diff sectors
Amount of loan 
National interest 
Guidelines of central bank 

Features of Good Securities 

01. Good title and easy transferability
02. Marketability
03. Ascertainable value
04. Stability of value
05. Worth storing
06. Low maintenance cost
07. Perishability
08. Free from liability
09. Acceptability
10. Ability
11. Ownership
12. Liquidity
13. Quality of the asset.



Accomodation bill & Trade bill

         Trade Bill                                                    Accommodation Bill

1

Trade bills are drawn for trade purposes.

1

Accommodation bills are drawn and accepted for financial assistance

2

 

3

These are drawn against proper

consideration.

These bills are proof of debt

2

 

3

These are drawn in absence of any

consideration

These are not a proof of debt

4

If discounted full sum retains with holder of the bill

4

If discounted the amount may be divided between drawer and acceptor in pre-

 

5

 

For obtaining the debt from drawee, drawer

 

5

determined ratio.

Legal action cannot be resorted for recovery

 

can resort to legal action.

 

of amount against these bills by the

immediate parties.

Cheque & Bill of Exchange

 

Cheque

Bill of Exchange

 

01. Cheque can only be drawn on bank.

 

02. A cheque is payable on demand.

 

03. There is no question of acceptance.

 

04. Bankers get statutory protection in case of crossed cheques.

05. A cheque can not be drawn in sets.

06. The drawer has right to countermand.

 

01. Bill of Exchange is drawn on any person, firm, company or public including a bank.

02. 3 (three) days of grace are allowed to the drawee.

03. A   bill   of   exchange   payable   after   sight requires acceptance.

04. Bankers do not get any protection in case of crossed bill of exchange.

05. A bill of exchange may be drawn in sets.

06. The drawer has no right to countermand.

Pledge & Hypothication

Pledge
01. Pledge created only floating assets

02. Possession of the goods held at Bank.

03. It is easy for the bank to dispose off the goods because goods are held at Bank.

04. For any damage bank will be liable.

05. For auction of goods, court order required.

Hypothecation
01.   Hypothecation created on fixed/floating assets.

02.   Possession of the goods held at the party.

03.   It is not easy for the bank to dispose off the goods because goods are held at party.

04.   For any damage party will be liable.

05.   For auction sale of goods, court order is not required.

Holder for value & Holder in due course

For value
One who has given a legal consideration for a negotiable instrument is a holder for value. The holder of a
negotiable note taken as collateral security for a preexisting debt is a holder for value in due course of business. Similarly, an endorsee of a negotiable note taken as collateral security for a preexisting debt, there being no extension of time of payment or other new consideration except such as may be deemed to arise from the acceptance of the paper, is a holder for value.
Due course
Legal term for an  original or any subsequent  holder of a  negotiable instrument (check,  draft,  note, etc.) who
has accepted it in  good-faith and has exchanged something valuable for it. For example, anyone who accepts a  third-party check is a holder in due course. He or she has certain  legal rights, and is presumed to be unaware that (if such were the case) the  instrument was at any time  overdue, dishonored when presented for  payment, had any claims against it, or the  party required to  pay it has  valid reason for not doing so. Also called protected holder.

Difference between Promissory Note & Bill of Exchange

Promissory Note
01. It is promise to pay.
02. There are two parties i.e. the Maker and the
Payee.
03. The liability of the maker is primary.

04. A promissory note is not drawn in sets.

05. There is no need to present it for acceptance.

06. A promissory note can not be made payable to the maker himself.
 
Bill of Exchange
01. It is an order to pay.
02. Primarily  there  are  3  (three)  parties,  i.e.
Drawer, the Drawee and Payee.
03. The    liability    of    the    maker/drawer    is secondary.
04. A bill of exchange may be drawn in sets.

05. A   bill   of   exchange   payable   after   sight requires acceptance.
06. A bill of exchange can be made payable to self. 

Core Capital & Supplementary Capital

Core Capital (Tier-I)
01. Paid-up Capital
02. Non-repayment share premium account
03. Statutory Reserve
04. General Reserve
05. Retained Earnings
06. Minority interest in Subsidiaries and
07. Non-Cumulative irredeemable Preference Shares

Supplementary Capital (Tier-II)
01. General Provision (1% of unclassified loans)
02. Assets Revaluation Reserves (Depreciation)
03. All other Preference Shares and
04. Perpetual Subordinated Debt
05. Exchange gain etc.

What do mean by Basel –I & II? Contract

 What is Contract :

An agreement enforceable by Law is a Contract.

 Essential elements necessary for the formation of a valid contract.

 1.   Offer and Acceptance

2.   Intention to create legal relations

3.   Lawful consideration

4.   Capacity of parties

5.   Free consent

6.   Lawful object

7.   Writing and registration


8.   Certainty

9.   Possibility of performance

10. Not expressly declared void

 

Kinds of Contract :

(01). Valid (02). Voidable (03) Void (04). Unenforceable (05). Illegal

What do mean by Basel –I & II?

Basel is town, situated in Switzerland, where two conferences were held under the supervision of

BIS (Bank for International Settlement) with its 12(twelve) member countries in 1996, for the first time, and in 2004, for the second time which are recognized as Basel-I and Basel-II respectively.

 

Basel-I            :          In this conference capital adequacy for a Bank was fixed at 8% which was re- fixed at 9% in Bangladesh in 2002.

 

Basel-II           :          A framework for Bank Companies was prepared on the basis of three pillars namely (1) Minimum Capital requirement, (2) Supervisory review process and (3) Market discipline. It was also concluded in the conference that three risks would have to be covered by banks as (1) Credit risk (2) Market risk and (3) operational risk.