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Documenti di Professioni
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By students of
Department of Management Sciences,
University of Pune
(PUMBA)
Credit or loan is the act of giving money, property or other material
goods to another party in exchange for future repayment of the
principal amount along with interest or other finance charges. A loan
may be for a specific, one-time amount or can be available as open-
ended credit up to a specified ceiling amount.
“Credit instruments are items that are utilized in the place of
currency.” Just about all individuals and businesses make use of some
type of credit instrument on a daily basis. The ability to use a credit
instrument instead of currency rests in the fact that debtor and the
recipient agree upon the use of the instrument and there is a
reasonable expectation that the alternate form of payment will be
honored.
The contractual amount of credit instruments represents the maximum
undiscounted potential credit risk if the counterparty does not perform
according to the terms of the contract, before possible recoveries
under recourse and collateral provisions. A large majority of these
commitments expire without being drawn upon. The credit instruments
are issued by the lenders only to those parties that are creditworthy.
Credit risk for other credit instruments using the same credit risk
process that is applied to loans and other credit assets.
The terms of a standardized loan are formally presented (usually in
writing) to each party in the transaction before any money or property
changes hands. If a lender requires any collateral, this will be
stipulated in the loan documents as well. Most loans also have legal
stipulations regarding the maximum amount of interest that can be
charged, as well as other covenants such as the length of time before
repayment is required.
Some credit instruments like credit derivatives are used for the risk-
mitigation purposes. These instruments help the lending firm to
manage the credit risk associated with borrower.
Principles of Lending
Types of Lending
• Fund-based lending
This is the most direct form of lending. It is granted as a loan or
advance with an actual outflow of cash to the borrower. It is
supported by prime or collateral securities.
• Non –fund based lending
There is no funds outlay for the Bank. It may crystallise into fund-
based advances, on account of the failure to fulfil the contract.
Letters of credit and bank guarantees, fall under this category.
• Asset-based lending
This is an emerging category of bank lending. The bank looks
primarily to the earning capacity of the asset being financed.
Mostly, the banks do not have any recourse to the borrower.
Specialised lending practices such as securitisation, or project
finance fall under this category.
Common types of credit instruments
Working Capital
CASH CREDIT
It is the most popular method to finance working capital requirements
of a company in India. Under the cash credit facility, a borrower is
allowed to withdraw funds from the bank up to the sanctioned credit
limit. He is not required to borrow entire sanctioned credit once,
rather, he can withdraw periodically to the extent of his requirements
and repay by depositing surplus funds in his cash credit account. There
is no commitment charge; therefore, interest is payable on the amount
actually utilised by the borrower. Cash credit limits are sanctioned
against the security of current assets such as inventory, receivables
and debtors. Though funds borrowed are repayable on demand, banks
usually do not recall such advances unless they are compelled by the
adverse circumstances. Cash credit is the most flexible arrangement
from the borrower’s point of view.
OVERDRAFT
It is similar to cash credit arrangement. Under the overdraft facility,
the borrower is allowed to withdraw funds in excess of the balance in
his current account up to a certain specified limit during a stipulated
period. Though overdrawn amount is repayable on demand, they
generally continue for a long period by annual renewals of the limit. It
is very flexible arrangement from the borrower’s point of view sine he
can withdraw and repay funds when ever he desires within the overall
stipulations. Interest is charged on daily balances, on the amount
actually withdrawn, subject to some minimum charges. The borrower
operates this facility through cheques.
COMMERCIAL PAPER
Commercial paper (CP) is an important money market instrument to
raise short term funds. CP is a form of unsecured promissory note
issued by the firms to raise short term funds. Only financially sound
and highest rated companies are able to issue commercial papers. The
buyers of commercial paper includes banks, insurance companies,
mutual funds, trusts and firms with short surplus funds to invest for a
short period with minimum risk. Given this investment objective
demand for CPs of highly creditworthy companies will always be there.
In India, RBI regulates issue of CPs. Only those companies which have
a net worth of minimum Rs. 10 crores, MPBF of not less than Rs. 25
crores and which are listed on stock exchange are allowed to issue
CPs. The size of the issue should be at least Rs. 25 lacs and size of the
each CP should not be less than Rs. 5 lacs. A company can issue CPs
amounting up to 75% of the MPBF. The maturity of CPs in India usually
runs between 91 to 180 days.
REVOLVER
A revolver (RV), or credit line or revolving line, is a credit agreement in
which the borrower has the right to choose when to obtain funds and
when to repay funds and how much to borrow, within limits set by the
contract. These limits typically stipulate a maximum borrowing amount
(commitment), the date by which all borrowed funds must be repaid,
and the covenants that the borrower must satisfy to qualify for
receiving funds. In some cases, the agreement requires that the
borrower periodically “clean up” (pay down to a specified level) the
facility before re-borrowing.
The revolving line involves all of the complications of the term loan
plus the added feature of granting the borrower the right to choose
when to borrow and in what amounts. By providing funds virtually on
demand, the revolver allows a business to meet its working capital
needs and to manage the liquidity risk created by volatile cash flows.
Different types of revolving lines account for the major share of bank
lending to businesses. By pooling revolvers across many businesses, a
bank eliminates through diversification most of the liquidity risk that it
inherits from customers.
TERM LOAN
A loan from a bank for a specific amount that has a specified
repayment schedule and a floating interest rate is called as term loan.
A term loan (TL) is a credit contract in which the borrower receives
funds from the creditor(s) at contract closing or usually over a short
period following closing and, in return, agrees to make payments of
interest, fees and principal based on formulas and schedules specified
in the agreement.
Often term loan is given to purchase fixed assets such as plant &
machinery, consumer products and house.
Term loans almost always mature between 1-10 years. But term loans
like home loans may be of maturity up to 20 years.
This kind of loan is preferred by many bankers because usually an
asset is created through this type of credit. Such asset provides
security to the banker.
Term loans are always secured in nature. The assets created from the
term loan, are charged to the bank and are a primary security. In case
of loans where no asset is created like in case of personal loan;
collateral is required.
Borrowers also prefer term loans for capital expenditure as they are
less costly than other sources of finance like equity and interest on the
term loans is tax deductible.
Term loans can be quite complicated, involving amortization of
principal, differing levels of seniority, posting of collateral, detailed
covenant restrictions, prepayment penalties and interest and fees that
may vary with the borrower’s risk rating or financial performance.
BOND/ DEBENTURE
A corporate bond or a debenture is a credit instrument in which the
issuer obtains cash from the initial investors at origination and, in
return, agrees to make payments of interest and, at maturity, of
principal to holders of the securities. A bond or debenture is a long-
term, fixed-income, financial security. Debenture holders are creditors
or lenders to the firm.
Bonds are less costly to the firm than equity because investors
consider them a less risky alternative and interest payments on bonds
are tax deductible.
There is no ownership dilution as bond holders do not voting rights.
Bond holders receive interest at a predetermined rate. Also during high
inflation period bond issue benefits the borrowing firm.
From the creditors point of view it is a secure credit as bonds are
usually secured in nature i.e. they can take control over the assets of
the company in case of default. Also when the borrowing firm is
liquidated bondholders have preference over shareholders of the
borrowing firm.
Some bonds include sinking fund or redemption provisions basically
equivalent to amortization of principal. Most allow prepayment after a
period of call protection. The bond’s comparative simplicity makes it
more readily marketable than other credit agreements that, in
contrast, often include clauses proscribing or limiting assignments.
But issuing firm has the legal obligation of paying interest & principal
on due date. Also it increases financial leverage of the firm and
disadvantageous to the firms with fluctuating sales and earnings.
Modes of Charge
Most credit facilities are secured in nature i.e. some assets of the
borrowing firm are charged to the lender/ bank. So it will be important
to know various types of charges that can be laid on the assets by the
lenders while granting the credit to the borrower.
• Lien
Lien is the right to retain securities/goods belonging to another, until a
debt due from the latter is paid.
• Set off
It is in effect the combining of the accounts of the debtor and creditor,
so as to arrive at the net balance payable to one or the other.
• Pledge
Pledge is bailment or delivery of goods as security for payment of a
debt or performance of a promise, as per section 172 of Indian
Contract Act, 1872. Goods are in the possession of the Bank. It is not
a popular form of security.
• Hypothecation
When the possession of the property in the goods and other movables
offered as security remains with the borrower and only an equitable
charge is created in favour of the lender, the transaction is called a
hypothecation. This is the most popular method of creating security for
banks.
• Mortgage
Mortgage is the transfer of an interest in specific immovable property
for the purpose of securing the payment of money advanced by way of
loan, an existing or future debt or performance of an engagement,
which may give rise to a pecuniary liability.
As per sec 58 of transfer of property act 1882 the important types of
mortgage are:
Equitable mortgage
Registered mortgage or English mortgage
• Assignment
Actionable claims are assigned by the borrowers to the bank.
A borrower can assign Book debts Life Insurance Policies Money due
from Govt departments or Semi-govt organisations.
Negotiable instruments
PROMISSORY NOTE
A promissory note, also referred to as a note payable in accounting, is
a contract where one party (the maker or issuer) makes an
unconditional promise in writing to pay a sum of money to the other
(the payee), either at a fixed or determinable future time or on
demand of the payee, under specific terms. They differ from IOUs (I
owe unto) in that they contain a specific promise to pay, rather than
simply acknowledging that a debt exists. The terms of a note typically
include the principal amount, the interest rate if any, and the maturity
date. Sometimes there will be provisions concerning the payee's rights
in the event of a default, which may include foreclosure of the maker's
assets.
Demand promissory notes are notes that do not carry a specific
maturity date, but are due on demand of the lender. Usually the lender
will only give the borrower a few days notice before the payment is
due.
For loans between individuals, writing and signing a promissory note is
often considered a good idea for tax and recordkeeping reasons. In the
United States, a promissory note that meets certain conditions is a
negotiable instrument governed by Article 3 of the Uniform
Commercial Code.
BILL OF EXCHANGE
A bill of exchange or "Draft" is a written order by the drawer to the
drawee to pay money to the payee. The most common type of bill of
exchange is the cheque, which is defined as a bill of exchange drawn
on a banker and payable on demand.
Bill of exchange is most popular instrument of payment in financing
the internal and foreign trade in India. Funds lent under BP/BD are
recoverable/ receivable after short period of time. Banks provide credit
facilities against such bills of exchange in following ways, when banks,
• Negotiate such bills payable on demand/ against acceptance
• Purchases bills payable on demand
• Discount bills drawn on DA basis
• Grant advances against supply bills under collection
In the first 3 cases Bank becomes holder in due course for full value of
bills and in the fourth case it is holder in due course for value up to the
advances granted against such bills.
Bills of exchange are written orders by one person to his bank to pay
the bearer a specific sum on a specific date sometime in the future.
When bills are ‘purchased’, such bills are payable on demand. When
bills are ‘discounted’, such bills are payable after some usance period.
Banks collect commission and interest on the day of
purchase/discount, the advance sanctioned results into higher yield.
The effective rate of interest is more than what bank earns under Cash
Credit or Term Loan.
Types of bills:
Bills to be purchased/ discounted could be documentary or clean and
demand or usance. When the instrument (bill) is accompanied by
document of title of goods (such as bill of lading, railway receipt,
motor receipt etc.) it is documentary bill and when no such documents
of title to the goods accompany the bill, it is a clean bill. However
when documents of title to goods are delivered against acceptance of a
bill, the documentary usance bill gets converted into a clean bill.
Payment of cheques
Section 126 of Negotiable Instrument Act
Where a cheque is crossed generally, the banker on whom it is drawn
shall not pay it otherwise than to a banker and where a cheque is
crossed specially, the banker on whom it is drawn shall not pay it
otherwise than to the banker to whom it is crossed or his agent for
collection.
LETTER OF CREDIT
In a financial letter of credit (LC), the creditor guarantees the
repayment of counterparty’s obligation and, in return, receives a one-
time or periodic fee. Thus, a bank could issue a financial LC in support
of a customer obtaining short-term cash from a money market fund
that offers an attractive rate. In a financial LC, the bank essentially
provides credit insurance. The instrument’s contingent pay-offs mirror
those of a credit default swap.
A Letter of Credit (LC) is a letter from a bank guaranteeing that a
buyer's payment to a seller will be received on time and for the correct
amount. In the event that the buyer is unable to make payment on the
purchase, the bank is required to cover the full or remaining amount of
the purchase. A letter of credit is often abbreviated as LOC or LC, and
is also referred to as a documentary credit.
The parties to a letter of credit are usually an applicant who wants to
send money, a beneficiary who will receive the money, the issuing
bank and the advising bank.
Letters of credit are often used for international transactions to ensure
that payment will be received. They have become an important aspect
of international trade, due to differing laws in each country and the
difficulty of knowing each party personally.
The bank also acts on behalf of the buyer, or holder of the letter of
credit, by ensuring that the supplier will not be paid until the bank
receives confirmation that the goods have been shipped.
A letter of credit is often confused with a bank guarantee, which is
similar in many ways but not the same thing. The main difference is
the bank's position relative to the buyer and seller of a good or service
in the event of the buyer's default of payment. With a letter of credit,
a seller may request that a buyer provide them with a letter obtained
from a bank which substitutes the bank's credit for their client's.
In the event of the borrower defaulting, the seller can go to the
buyer's bank for the payment. Instead of the risk that the buyer will
not pay, the seller only faces the risk that the bank will be unable to
pay, which is unlikely. This means that if the applicant obtaining the
letter of credit fails to perform his or her obligations, the bank must
pay.
The letter of credit can also be the source of payment for a
transaction, meaning that an exporter will get paid by redeeming the
letter of credit. A letter of credit is less risky for the merchant, but
even riskier for a bank.
BANK GUARANTEE
A bank guarantee is defined under Section 126 of the Indian Contracts
Act 1872 as follows: “A contract to perform the promise or discharge
the liability of a third person in case of his default.” The person who
gives the guarantee is called the surety; the person in respect of
whose default the guarantee is given is called the principal debtor and
the person to whom the guarantee is given is called the creditor. A
guarantee may be either oral or written.
The liability of a guarantor comes into existence upon the failure of a
debtor. If the guarantor extinguishes the liability of a debtor then the
guarantor will acquire all the rights of the creditor, which is known as
Right of Subrogation. Banks extend guarantees on behalf of their
clients. These guarantees are classified as financial guarantees and
performance guarantees.
Financial Guarantees
The bank guarantees its customer’s credit-worthiness and his or her
capacity to take up financial risks. Financial guarantees are typically
issued for the following purposes:
• In lieu of Earnest Money/Tender deposit/Retention money.
• Issued to Government departments for releasing disputed claim
money like excise duty/customs duty etc.
For example, if a contractor wants to bid for a tender, he or she needs
to deposit a specified sum of money known as Earnest Money Deposit
(EMD). This amount will be refunded to him or her if the work is not
allotted to him or her. This involves blocking of funds for a specified
period which varies depending on the nature of contract. This can be
avoided by submitting a bank guarantee in the place of EMD. The bank
undertakes to pay the money if the contractor is awarded the work but
fails to pay the EMD.
Performance Guarantees
The bank guarantees obligations that relate to the technical,
managerial, administrative experience and capacity of the customer.
The liabilities under the performance guarantees are reduced to
monetary terms. Performance guarantees typically cover the following
areas:
• For performance of machinery/goods supplied deposit/Retention
money
• For satisfactory performance of Turnkey projects for a specific
period for releasing disputed claim money like excise duty/customs
duty, etc.
In the above example, if the contract is awarded to the contractor,
then the agency awarding the contract seeks an assurance that the
contract completed is up to their satisfaction. Hence, they insist for a
bank guarantee where a bank undertakes to compensate the agency
for any loss suffered consequent to poor performance/non-
performance.
In the case of usance bill with trust receipt facility, the usance should
start to run from the date of issue of a guarantee and not from the
date of acceptance of the bill. Before issuing the shipping guarantee
the bank must obtain an undertaking to the effect that the borrower
must honor the bill irrespective of discrepancy, if any, with the terms
of the LC.
Credit Derivatives to mitigate the credit risk
Credit derivatives are effective tools to hedge credit risk. Credit risk
can be defined as default risk arising on account of borrower’s inability
to pay back loans. Any lending institution carries out credit analysis of
a borrower and prepares his risk profile. But, as no risk can be
completely mitigated, there is always a possibility of borrower default.
Due to large amount of defaults that took place in the US housing loan
markets in early 90’s, banks found out innovative ways to hedge risks,
which led to expansion of derivative markets, where lenders could
hedge against the risks. In 2000, the notional principal outstanding in
these markets was $800 billion. Currently, this market stands
somewhere around $600 trillion. This shows the stupendous turnover
taking place in this market.
Some of the commonly used credit derivatives are discussed as
follows.
At the end of the life of the swap there is a payment reflecting the
change in the value of the bond, and subsequent payments are made.
This swap can be seen from 2 angles. For the payer of the bond, he
gets a hedge against the uncertainties in bond value for paying a
premium above LIBOR. For the receiver of the bond, this transaction is
equivalent to invest in the reference bond by borrowing at the rate
equal to LIBOR + premium.
1st 5%loss
Bond 1 Yield 35%
Bond 2
Bond 3
2nd 10%
.
loss, yield
. Trust
15%
.
Bond n
3rd 10%loss
Average Yield 7.5%
Yield
8% Residual
loss, yield
6%
Other Instruments
CREDIT CARD
The credit card is an example of a common credit instrument. Using a
credit card to pay for a purchase creates a contract between the buyer
and the seller. Essentially, the seller is extending credit to the buyer
with the assumption that the company issuing the card will cover the
amount of the purchase. In turn, the issuer of the credit card is
anticipating that the cardholder will eventually pay off the amount of
the debt along with applicable interest and finance charges.
With this arrangement, credit card holders receive credit from the
lenders with the understanding that the same will be repaid in full at a
future point in time. This type of obligation may carry a specific date
for repayment and if the credit card holder is liable for a penalty. There
are two main advantages to the use of a credit card. First, the
consumer does not have to carry a great deal of currency in order to
make purchases. Second, a credit card can usually be replaced with
relative ease when damage, loss, or theft of the instrument takes
place. This is in contrast to cash, which usually cannot be replaced
when damaged, stolen, or lost.