Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
POST NINETIES
IFCI to IFCI Ltd., IDBI to IDBI Ltd. & to IDBI bank ICICI to ICICI bank Number of private banks set up Govt. holding in banks diluted by more than 40%
Setting up of universal banks One stop banking PSB Boards to have share holder representatives
Demand for refinance has shrunk from banks Focus on Non fund based finance Capital adequacy, asset classification & provisioning norms and accounting standards made applicable to DFIs and FIs
Merchant banking, Project counseling, Portfolio management, Credit syndication, New issue management, Mergers and acquisitions, Corporate advisory services, Debenture trusteeship, Sponsorship of mutual funds etc.
Commercial Banks
Economic environment Statutory Liquidity Ratio (SLR) 38.5% , Cash Reserve Ratio (CRR) 15% + 10% (incremental ratio) of net demand & time liabilities (NDTL)
CRR now is 6% SLR is 24% Item / Week Ended 2007
Sep. 7
2008 2009
Aug. 1 Sept. 5
2011
July 26
7.00 8.75
9.00
Lower intt. on SLR and CRR Directed credit programmes to Priority sector Narsimham committee-I
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Details 1951 19.7.69 1997 2011 Aug 26 No. of SCBs+Non-SCBs (Exc.RRB) 92 85 101 171 RRB 196 86 Branches (SCBs/Non-SCBs) 4,151 8,261 63,700 80,000 Deposits 919 5,540 5,07,533 55,09,100 Advances 727 3,813 2,82,702 40,44,862 Advance to priority Sec. 1 lakh 16 lakhs
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
1951
1969
No of A/c credit No. of A/cs deposit % of CD deposits % of HSS deposits % of fixed deposit
51 16 33
1997 19 8 196
2011 19 6 82
Commercial Banks
Directed credit Scope of priority sector expended by including finance to SIDC, SFC, refinance to RRB and for Foreign and new private sector banks investment in SIDBI bonds Heavy increase in branches, unprecedented growth in deposits and advances mainly priority sector Impressive progress in achieving social objectives Heavy fall in productivity and profitability High cost/exp. due to branch expansion in RU/SU
Commercial Banks
Commercial Banks
Capital adequacy norms 9% (capital to risk weighted asset ratio) Income recognition, Asset classification and Provisioning norms
Commercial Banks
Commercial Banks
Board of Industrial Finance and Reconstruction (BIFR) This has not been very successful experiment Debt recovery tribunals-1993 8 recovery tribunals ONE appellate tribunal in Mumbai Helped in the recovery of bad advances Securitization Act It has given extensive powers to banks to take possession of assets and auction the same to recover the dues Sale of NPA accounts in lots
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Commercial Banks
Regional rural banks Sponsored by PSBs- 196 banks now to RRBs 82 Branch licensing procedure - liberalized 1994 Foreign banks Allowed to open branches on reciprocal arrangement Permitted to invest upto 20%, within overall 40% investment, in private sector banks They are exempt from target credit in agri. finance
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Commercial Banks
Commercial Banks
Commercial Banks
Mutual Funds
Bank subsidiaries sponsored Many banks have started marketing the products
CAPITAL
Tier I capital is (a) paid up capital, statutory reserves and other free reserves (b) capital reserve minus equity in subsidiaries, intangible assets and losses Tier II capital includes cumulative perpetual preferential shares, revaluation reserve, general provisions, hybrid debt capital instruments Tier III Capital i.e. permanent perpetual preference shares
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
CAPITAL
Maintain unimpaired min. capital equallent to the prescribed rate in the aggregate of risk weighted assets and other exposer (CRAR) Capital adequacy includes-capital funds, risk adjusted and off balance sheet items and capital adequacy for subsidiaries Risk adjusted assets=Risk weighted aggregated fund based and non funded assets
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Exposer norms
Follow prescribed exposer limits for credit in relation to individual, group, industry, sector Exposer norms for investment in various securities are determined by the RBI and the Boards of banks Advance against shares/debentures Against physical and demat shares Upto 10 lakhs and 20 lakhs respectively Against IPO at concessional rate upto 10 lakhs to individuals
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
REGULATORY BODIES
GOVERNMENT OF INDIA MINISTRY OF FINANCE RESERVE BANK OF INDIA (RBI) 1948
MAJOR FUNCTIONS Monitors, regulates, controls banking and financial system Maintains monetary stability, Promote development of markets and systems Ensure credit allocation according to national priorities Regulates volume of money and credit Bankers bank Manages SLR/CRR Determines liquidity control measures Acts as lender of last resort
ROLE OF RBI
ROLE OF RBI
ROLE OF RBI
Government banker
Banker to the central / state Govt. Undertakes all banking services on their behalf & transfer of funds & management of public debt No interest on Govt. deposits is payable and no charges are recoverable for normal banking business of the Govt. Manages special funds e.g. calamity fund etc., issues and manages relief bonds, Govt. employees pension disbursal and functions as Govt. treasury Govt. pays commission for issue and management of public debt i.e. raising resources from market
ROLE OF RBI
Government banker-cont
Ways & Means Advances (WAMAs), to the Govt., for 3 months maturity to bridge temporary gaps between receipts & payments at the graduated scale of intt. rate based on duration Normal/clean advances without collateral Secured advances against Govt. securities Discretionary special advances Overdraft facility to state Govt. in addition to WAMA for 7 days @ BR and 8th day onwards @ BR+3%
ROLE OF RBI
Supervising authority
Regulates / supervises banking operations through RBI Act and Banking Regulation Act Issues branch/extension counters/off-site ATM licenses Prescribe min. paid-up capital, reserves, transfer to reserve fund, cash reserves and other liquid assets for banks
ROLE OF RBI
Supervising authority-cont
Inspects the working of banks Conducts ad-hock investigation Controls appointments of CMD/CEO of private sector banks Approves / forces amalgamation / reconstruction / liquidation of banks Supervises through Board of Financial Supervision
ROLE OF RBI
Develops/regulates foreign exchange Markets within framework of Foreign Exchange Management Act (FEMA) Custodian of countrys foreign exchanger reserves-Approx. $320 bl. Decides investment & utilization of these reserves Foreign exch. dealing through Authorised dealers (AD) Supervises/controls ADs, exporters/importers for currency trade Controls foreign exchange forward markets to provide cover for exchange risk to importers/exporters
Open Market Operations (OMOs) - sale & purchase of securities of Central Govt. and treasury bills (T.bills). To control the amount of credit & money supply To make bank rate policy more effective To maintain stability in Govt. security & T. bill market To support Govt. borrowing Programme The OMOs are conducted only in Central Govt. securities RBI uses only switching operation (no purchases against cash) i.e. sale of long term against short term securities
Bank rate (BR) 6% Rate used by RBI to buy/rediscount bills of exchange/other eligible CP Banks relate their lending rate with BR increase/decrease From 1997 advances by RBI, refinance, penalties for shortfall in reserves are linked with BR Refinance To relieve liquidity shortage To direct credit to selective sectors Export and General refinance in use
Cash Reserve Ratio (CRR) 4.5% Intt. equal to BR for reserves above 3% Ensure safety and liquidity of bank deposits Penalty, ineligibility to refinance and also graduated fall in intt. rate of CRR on shortfalls Statutory Liquidity Ratio (SLR) 23% To restrict the expansion of bank credit To increase bank investment in Govt. securities To ensure solvency of banks It is the ratio of cash in hand (excl. CRR), bl. in CD A/cs with banks & RBI, gold and unencumbered Govt., local bodies & Govt. guaranteed securities to total demand & time liabilities Default results in restrictions/high cost on refinance
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Liquidity Adjustment Facility (LAF)- 2000 Operates through Repo and Reverse repo transactions to create the liquidity and to absorb liquidity on daily basis The maturity period of Repos is 1 to 14 days and min. bid size is 5 crore Repo rate is normally 3-4 days rate, call rate is overnight rate thereby call rate remains normally higher than repo rate
Liquidity Adjustment Facility (LAF)- 2000-cont. Discretionary liquidity DL means liquidity created with banks & Primary dealers (PD) as a part of policy i.e. (i) net repos and OMOs of RBI (ii) RBI credit to banks (iii) RBI credit to PDs netted for cumulative change for reserve requirement LAF technique is based on the view that RBI balance sheet can have autonomous and discretionary components LAF impact short term intt. rates
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Autonomous liquidity (AL) is the flows from regular banking functions e.g. currency authority and banker to the Govt. and banks
It is total of (i) incremental accommodation in Ways and Means Advance (WAMAs), (ii) net primary subscription to T. bills, dated securities (iii) rupee coins net of Govt. deposits with RBI and (iv) RBI primary market subscription Does not include flows out of policy intervention in market
Money Market
Primary dealers (PD), money market mutual funds (MMMF) came up, deregulation of intt. rates, enlargement of participants have emerged Call / notice market Commercial bills market Treasury bills market- (T bills) Commercial paper market (CP) Certificate of deposits market (CD) Repo market Foreign exchange market
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Sectors of economy which are to be given priority In 1968 meeting of National Credit Council, GOI decided that commercial banks to increase finance in the sectors of Agriculture Small scale industries Description of priority sector got formalized in 1972 Net Bank Credit (NBC) This is reported every fortnight to RBI and is used for calculating % for Priority Sector lending
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Agriculture Small scale industries including setting up of industrial estates Small road and water transport operators owning upto 10 vehicles Consumption loans under consumption credit scheme for weaker section Loans to software industry upto max. 1 crore from banking industry Small business with original cost of equipment used for business max. upto 20 lakhs Retail trade with max. finance to retail traders upto 10 lakhs
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
State sponsored organizations for SC / ST Educational loans to individuals Loans to specified industries in food and agro processing sector having investment in plant and machinery upto 5 crore Investment by banks in venture capital funds registered with SEBI Micro credit provided directly or through intermediaries e.g. Loans to self help groups Loans to NGO for lending to self help groups
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Professional and self employed persons with borrowings unto 10 lakhs including Max. 2 lakhs for working capital Purchase of one motor vehicle within these limits For doctors setting up practice in rural area the limits are 15 and 3 lakhs respectively
Housing loans (both direct and indirect) Loans upto 15 lakhs in all areas Loans upto 1 lakh for repairs in Rural/semi-urban areas Loans upto 2 lakh for repairs in urban areas
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Definition, targets and sub targets for priority sectors are being determined by RBI every year and can be modified from time to time RBI decides procedures of handling the loan applications, recording of applications, time schedule for disposal, collaterals, penalties for delayed payment and rehabilitation of sick SSI units etc.
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Tiny Enterprises
Micro credit
Provision of thrift, credit and other financial services and products of very small amount to poor in rural / semi urban / urban areas to raise their income levels
Category Domestic banks Foreign banks Total PS advances 40% of NBC 32% of NBC Total Agri. Adv. 18% of NBC No target SSI Adv. No target 10% of NBC Export credit Not treated PS 12% of NBC Adv. to weaker sec10% of NBC No target DRI Adv. 1% of Previous No target years total advances
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Advance directly to farmers for agriculture Crop loan Upto 5 lakh against pledge/hypothecation of agri. Produce for max. 12 months Direct agri. Finance should be 13.5% of NBC Medium and long term loans for Purchase of machinery Land development Construction of farm bldg. etc. Loans to plantations, fishery, poultry, bio-gas plant For purchase of land by small farmers etc.
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Credit for distribution of fertilizers, pesticides, seeds etc. Loans upto 40 lakhs for distribution of cattle feed, poultry feed etc. Deposits held by banks in NABARD Rural infrastructure development fund (RIDF) Subscription to specified bonds of Rural Electrification Corp. and NABARD etc. Loans for other specified activities from time to time
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Type of investment treated as priority sector finance Specified bonds of SIDBI, NABARD, NHB, HUDCO and institutions Facilities like Lines of credit, Bill discounting etc. to SIDBI, SFC and other specified organizations In case of shortfall of target by a bank Domestic commercial banks are allocated, after announcement in budget every year, contribution to Rural Infrastructure Development Fund (RIDF) of NABARD at the rate and for the period as declared every year Foreign banks can deposit an amount equal to deficit in SIDBI bonds of 1 year @ 8%
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Non-fund based
Non fund based facilities are 100% substitute of fund based facilities Contingent liability can become current liability if invoked These all are 100% risk weighted assets Therefore, proper appraisal is necessary D.P. (Document against payment) L/C (Letter of credit) D.A. (Document against acceptance) L/C (Letter of credit) Guarantees Performance Financial Advance payment Deferred payment (DPG)
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Lien on the goods received Proper treatment be given for assessing working capital facilities Ensure advance cash/goods received are used for production Ensure there are no onerous clauses Penalty for cost over run of project V/s profitability of project Capability of firm to complete the work as per terms
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Study of supply contract for supply schedule, payment terms, advance payments etc. Liability of bank should progressively reduce with the payments Firms capability to reimburse the amount paid by bank on due dates Bank has to charge interest from due date to actual date of payment by the customer Over due installments should not be recovered by debit to C/C unless sufficient DP is available
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Performance guarantee
Supply contract Bid bond Security deposit/Earnest money bond Performance Advance payment Turnkey projects Bid bond Performance Advance payment Retention money guarantee Guarantee for raising funds in foreign countries
Financial guarantee In lieu of excise duty payment For disputed custom duty For payment of sales tax For payment of Income tax For payment of goods purchased on credit Other guarantees In favour of supplier of goods for undertaking job work In lieu of payment of excise duty on goods exported In lieu of custom duty on imported goods which are to be ultimately exported Export performance
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Minimum cash margin of 50% for guarantees covering custom/import duties of selective credit control items No guarantee to be issued for inter company deposits/loans irrespective of source Guarantee not to be issued in favour of NBFC / Institutions for repayment of deposit placed by them with corporate companies 100% margin to be insisted for guarantying payments of government dues as govt. can not run on guarantees
In case of following guarantees normally 100% cash margin to be taken Guarantee issued to the court Sales tax/Income tax guarantee Guarantees for clearance of foreign cars Guarantees to steamer companies / Railways for delivery of goods in absence of bills of landing / railway receipt
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
It is major area of decision making for credit proposals To know about the party To ensure fair assessment of borrowers needs for credit Appraisal is done pre-sanction and post sanction level It is scientific financial analysis of partys overall operations To identify exact purpose for which credit facilities are required To decide the eligibility of credit
Purpose of Monitoring
To ensure proper end-use of funds To nullify the chances of diversion of funds To have periodic review of progress and prospects of the partys position To maintain control over the partys operations To ensure implementation of banks terms and conditions To pick-up signals on the health and status of partys position To take remedial measures To take care of recovery, revival or rehabilitation
Lending is an individual decision for lender/borrower Main principles of lending Priority / non-priority area Safety / Security Liquidity Purpose Profitability National objective Spread / diversification of risk Post sanction supervision and control
Types of borrowers Corporate / Non-corporate Partnership / Proprietorship Individual Manufacturing Traders Small scale industry (SSI) Small medium enterprise (SME) Priority Sector Seasonal Industry like Tea, Cotton Sugar etc.
3 P
Party Project Profitability
3 C
Character of party Capacity of party Capital invested by party
To satisfy about
Policy Business policy of party about business Bank/Government/RBI Priority/Non priority Marketability of product Availability of raw material and infrastructure Achievability of projections Turnover projections Profit projections
Nature of Account
Prestigious group Export oriented Deposit oriented Backward area Ancillary business Agro products or other priority sector area Small scale industry
Standing of party Business experience Directors / Partners worth and market standing Capacity of management team Position of industrial relations Labour turnover New account/ renewal / modification Category of advance i.e. priority non-priority etc. Type of business Details of branches of firm
Age of plant and machinery Future plan for 3 to 5 years Plans for modernization / expansion and source of finance Why change of bank is desired in existing project/business Industrial group covered under MRTP Act 1969 Location of factory and branch from where facility to be availed Major shareholders Comments on credit report Banking with the bank since when
Capital structure and means of capital Borrowing powers Search report about charge creation, titles of assets etc. Details of facilities required Facilities enjoyed with other Banks/Institutions Financial ratios Statutory liabilities / Contingent liabilities Litigations Facilities enjoyed by Guarantors/Associate firms Justification for working capital requirement
Restrictive covenants About dividend About management About assets About expansion of business About unsecured loans and advances Assessment of fund based and non-fund based facilities requirements Experience with banks-covering nature and conduct of bank accounts Tax assessment Promoters contribution
Comparison of
Last projections with actuals Reasons for variations Growth of the company with similar company in market
Terms of agreement for sale and payment to be received Of assets purchased Of goods sold/purchased Credit period permitted or received Diversion of funds To sister concerns Investments in Capital / Commodity markets Investments in real estate In other activities / projects of different line/same line For long term purposes or vice versa
Term Loans
Techno-economic report Details of land and buildings and plant and machinery Technical competence and Manufacturing process Delivery schedule of plant and machinery and consumables Means of finance Security offered Margin Working capital arrangements Time schedule for implementation of Project
Term Loans
Care
Current assets Cash and deposits under lien for bank guarantees and L/Cs Receivables Inventories Current liabilities Deposits of out side parties Unsecured deposits Term loan installments payable within 1 year IT provisions D.A. L/C facility Stocks of DA L/C
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Care
Important matters
Last 2 reviews to see projections were nearer to actuals Capacity utilization will party be able to produce as projected in available capacity Quarterly information system To fix limits Whether company is working within projected levels Levels of inventory, receivables and consumable stores and spares norms for industry and past trends
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
APPRAISAL
Statement of accounts Depreciation Whether consistent policy is followed i.e. straight line method or reducing balance method If rates applied are less, whether permission of Company Law Board has been taken Depreciation affects profitability and not cash accruals Interest To assess that the amount is in relation with Bank and Financial Institutions borrowings Excess or less can be due to undisclosed inter corporate borrowings / lending in between Six monthly closings
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
APPRAISAL
Statement of accounts cont. Whether Projected turnover is achievable? Keep in mind Modernization / Expansion / Increase in orders Export receivables Reduce from CA before arriving at working capital eligibility These receivable to financed fully without margin Deposits from market Maturing / due in a year, to be taken as current liability-not necessary to pay but due and even renewed To see that current liabilities are not projected less To see that current assets are not projected more
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
Danger signals
Account is running grossly out of order or always running near the drawing power Payments are being made for purpose other than normal business Abnormal cash transactions Heavy return of bills (more than 10%) Payment of all bills on due date by drawees Heavy sales without any reflection in partys account with bank Party spending abnormally heavy amounts on luxury expenses, especially for personal use
Danger signals
Very few transactions in partys account Reduction in normal visits of party to bank branch Party behaves abnormally like abnormal courtesy, abnormal noncooperation Abnormal thing noticed during inspection of account Transfer of amounts outside the business of firm Transactions through shroffs or money lenders When there is undue delay or avoidance in submission of Balance sheet and other papers for review of account Default in payment of statutory dues
MANAGEMENT OF COMMERCIAL BANKS BY CA. R.C. AGARWAL
In the past 4 decades RBI has appointed various committees for formulating norms for working out working capital eligibilities
Daheja Committee-1968
Its
view was bank lending is unrelated to borrowers actual need or activities as it was extended based on financial worth of borrower, collateral security and guarantee offered Hence guidelines were issued for industrial borrowers
Tandon committee-1975
3
methods suggested for maximum permissible bank finance working Progressive increase in contribution i.e. margin To bifurcate bank finance in loan and fluctuating cash credit component Norms for holding inventory and receivables
Tandon committee-1975
I method of lending Total current assets (CA) (-) Current liabilities excluding bank borrowings (CL) = working capital gap (WCG) Less 25% of WCG or Net working capital (NW i.e. CA-CL) which ever is higher = MPBF Minimum current ratio 1.17:1
Tandon committee-1975
II method of lending
Total current assets (CA) (-) Current liabilities excluding bank borrowings (CL) = Working capital gap (WCG) Less 25% of total current assets or Net working capital (NW i.e. CA-CL) whichever is higher = MPBF Minimum current ratio 1.33 : 1
Chore committee-1978
To
use II method of Tandon committee for limits of 10 lakh and above Firm to submit monthly select operational data Banks to fix operational limits on the basis of QIS
Working capital requirement is to be computed minimum 25% of projected turnover 80% of requirement to be given by banks and 20% by borrowers Turnover method Assessment Projected annual turnover (PAT) i.e. gross sales inclusive of excise duty should be realistic Reasonableness of PAT be satisfied from annual statement of accounts Assess as per turnover method and as per traditional system
Turnover method Assessment-cont If traditional method calculation is more than the limits to be permitted by turnover method than limit to be permitted whichever is higher but DP to be on the basis of value of stocks less margin and unpaid stocks Level of trade credit should be in tune with past practice. If it is more than projected trade credit allow at past level if justification is convincing
As per RBI credit policy of April 1997, RBI withdrew the prescriptions to calculate working capital limits as per Tandon committee Banks to have their own system to assess working capital credit needs within prudential guidelines and exposer norms prescribes by RBI Units engaged in export need not provide margin for financing current assets represented by export receivables Credit limits of units in Sugar industry to be determined on basis of Current ratio of 1:1
Additional acquisition of fixed assets Expansion and modernization plans Borrowings from outside sources Investment in subsidiaries Dividend out of years earnings Issuing guarantees on behalf of sister concern Pre-payment of loans before due date to financial institutions Disposal of assets
Willful defaulters
The unit has defaulted in meeting its payment/repayment obligations to lender even when it has capacity to honour the said obligation OR Unit has defaulted in meeting its payment/repayment obligations to lender and has not utilized finance from lender for purpose for which finance was granted but has diverted the funds for other purposes OR Unit has defaulted in meeting its payment/repayment obligations to lender and has siphoned off the funds so that the funds have not been utilized for the specific purpose for which the finance was granted, nor the funds are available with the unit in form of other assets
Diversion of funds
Use of short term working capital funds for long term purpose Using funds for purposes/activities or creation of assets other than those for which finance was sanctioned Transferring funds to subsidiaries/group companies or other corporates Routing funds through any bank other than lender bank or members of consortium without prior permission of lender Investment in other companies by way of acquiring equities/debt instruments without approval of lenders
Diversion of funds
Shortfall in deployment of funds visa-a-visa the amounts disbursed/drawn and the difference not being accounted for Siphoning of funds is construed to have occurred if any funds financed are utilized for purpose unrelated to operations of the borrower, to the detriment of the financial health of the entity or of the lender. The decision of lender in this respect should be base on circumstances of the case.