Loans and advances
Loans and advances
 Business – profit motive
 Banking – business
 So banking needs – profit
 Earns income/ profit by loans and
advances
Loans and advances
 Gives loans to businessman, Traders,
Individuals, industrialists – on security
/ personal security
 Risk of default
 So cautious and sound lending policy
Loans and advances
Principles of sound lending
 Safety
 Liquidity
 profitability
Principles of sound lending
 Safety
 Liquidity
 Profitability
 Security
 Purpose of loan
 Sources of
repayment
 Diversification of
risk
 Productivity of loan
Secured and unsecured
advances
 Personal security- unsecured
 Security of some tangible goods-
secured
Unsecured advances
Sec 5 of Banking
Regulation Act
“unsecured loan or
advance means a
loan or advance
not secured”.
So it is
 Given to customers
with integrity
 Sound financial
backing
 High reputation
 Capacity to
manage business
 Guarantee
Unsecured advances
Character
Capacity
Capital
Unsecured advances
Secured advances
 Sec 5 of Banking
Regulation Act
“secured loan or
advance means a
loan or advance
made on a security
of assets the
market value of
which is not at any
time less than the
amount of loan or
advance”.
 Primary security
Deposited by
borrower
Ex. Machinery
bought on loan
 Collateral security
All others collateral
Secondary or
additional
Forms of advance
Four types
Loans
Cash credit
system
overdraft
Bills purchased
and discounted
Loans
 Lump sum advanced for certain period
 For a rate of interest %
 Repaid in installements
 Demand loan or term loan
 dd loan - short period ex. Working
capital
 Term loans – medium / long term ex.
Capital expenditure
Cash credit
Arrangement to borrow up to a certain
limit
Withdraw when needed
Interest only for amount withdrawn
Against pledge or hypothecation
No use then only commitment charge
Overdraft
 Business man only – current a/c
 Withdraw over and above the balance
up to a agreed limit
 Temporary arrangement
 Interest charged for amount drawn
Bills discounted and
purchased
 Discount bills
 Deduct interest and
credit the
remaining
 Interest in advance
 A clean advance
 Credit worthiness
 Purchase bills
accompaning
documents to title
of goods ex. Bill of
lading, RR
 Purchase and
grant loans in form
of o/d but actually it
is holding as a
security
Doubts?
Modes of charging security
 If customer fails to pay then banker
can fall back on the security
 So create a charge
 It is available as a cover for an
advance
 Should be legal, perfect, complete
Methods of charging security
 Lien
 Pledge
 Mortgage
 Assignment
 Hypothecation
Lien
 Right to retain the properties
belonging to the dr until the debt due
to him is repaid
 Only to retain not to sell
 Banker’s lien – general lien
 Also implied pledge
 So can sell after due notice
Pledge
Indian Contract Act
“Bailment of goods
as security for
payment of a debt
or performance of
a promise”
 Occurs when
goods are
delivered
 Returned only on
repayment
 Serve as security
 Ex. Goods, stock,
shares,
debentures,
movable property
Essentials of pledge
 Delivery of goods
may be physical or symbolic
 Transfer of ownership
 Right in case of failure to repay
Advantages of pledge
 Easy to dispose as in possession
 No double charge
 No manipulation
 In event of damage or loss can
recover from insurance
Pledge
Rights
 To retain
 For particular debt
 Can claim expense
 In default can file a
suit, sue, sell
 Remedy for 3rd party
 Damage for Non
disclosure
 Loss for Defective
title
Duties
 Care of goods
 Use as per
agreement
 Deliver on
repayment
 Along with profit
 Responsible for loss
Mortgage
Method of creating charge on
immovable property like L&B
 Only for immovable property
 Some rights only
 To secure loan
 Specific one
 Actual possession with mortgager
 In case of default mortgagee can sell
and recover
Forms of mortgage
 Simple mortgage
 Mortgage by conditional sale
 Usufructuary mortgage
 English mortgage
 Mortgage by deposit of title deeds
 Anomolous mortgage
Other type of mortgage
 Legal mortgage
Legal title t/f to mortgagee by deed
On repayment re t/f
expensive
 Equitable mortgage
Mere delivery of document
Memorandum only
Rights of
Mortgager
 Right of
redemption
 Accession to
property
 Right to t/f to 3rd
party
 Right to inspect
and production of
documents
Mortgagee
 Right to sue
 To sale
 For foreclosure
 Accession
 possession
Assignment
Transfer of any existing or future right ,
property, debt by one person to
another
 Who assigns - assignor
 To whom – assignee
 Usually done on book debts,
insurance claims, money due.
Types of assignment
Legal assignment
 t/f of actionable
claim
 In writing by
assignor
 Intimating the
assignee name
 Assignee gives a
notice to confirm
balance
 Can sue
Equitable
assignment
 If not legal then EA
Hypothecation
 Mortgage of movable property
 charge over goods, raw materials,
goods in progress
Hart defines it as
“A charge against property for an
amount where neither ownership nor
possession is passed to creditor”
Characterstics
 Movable goods
 Possession and ownership with
borrower
 Charge by hypo deed
 Submit statements regularly
 Right to inspect
Also called as “open loan”
Convenient method
Precautions
 Get stock statement regularly
 Inspect stock and accounts
 Undertaking – not hypothecated
 Letter of hypothecation
 Insure goods
 Board “ hypothecated”
Layaway sale -emerging
 Pay and earmark
 Possession later
 No bank lending
Doubts?

ppt on loans and advances

  • 1.
  • 2.
    Loans and advances Business – profit motive  Banking – business  So banking needs – profit  Earns income/ profit by loans and advances
  • 3.
    Loans and advances Gives loans to businessman, Traders, Individuals, industrialists – on security / personal security  Risk of default  So cautious and sound lending policy
  • 4.
    Loans and advances Principlesof sound lending  Safety  Liquidity  profitability
  • 5.
    Principles of soundlending  Safety  Liquidity  Profitability  Security  Purpose of loan  Sources of repayment  Diversification of risk  Productivity of loan
  • 6.
    Secured and unsecured advances Personal security- unsecured  Security of some tangible goods- secured
  • 7.
    Unsecured advances Sec 5of Banking Regulation Act “unsecured loan or advance means a loan or advance not secured”. So it is  Given to customers with integrity  Sound financial backing  High reputation  Capacity to manage business  Guarantee
  • 8.
  • 9.
  • 10.
    Secured advances  Sec5 of Banking Regulation Act “secured loan or advance means a loan or advance made on a security of assets the market value of which is not at any time less than the amount of loan or advance”.  Primary security Deposited by borrower Ex. Machinery bought on loan  Collateral security All others collateral Secondary or additional
  • 11.
    Forms of advance Fourtypes Loans Cash credit system overdraft Bills purchased and discounted
  • 12.
    Loans  Lump sumadvanced for certain period  For a rate of interest %  Repaid in installements  Demand loan or term loan  dd loan - short period ex. Working capital  Term loans – medium / long term ex. Capital expenditure
  • 13.
    Cash credit Arrangement toborrow up to a certain limit Withdraw when needed Interest only for amount withdrawn Against pledge or hypothecation No use then only commitment charge
  • 14.
    Overdraft  Business manonly – current a/c  Withdraw over and above the balance up to a agreed limit  Temporary arrangement  Interest charged for amount drawn
  • 15.
    Bills discounted and purchased Discount bills  Deduct interest and credit the remaining  Interest in advance  A clean advance  Credit worthiness  Purchase bills accompaning documents to title of goods ex. Bill of lading, RR  Purchase and grant loans in form of o/d but actually it is holding as a security
  • 16.
  • 17.
    Modes of chargingsecurity  If customer fails to pay then banker can fall back on the security  So create a charge  It is available as a cover for an advance  Should be legal, perfect, complete
  • 18.
    Methods of chargingsecurity  Lien  Pledge  Mortgage  Assignment  Hypothecation
  • 19.
    Lien  Right toretain the properties belonging to the dr until the debt due to him is repaid  Only to retain not to sell  Banker’s lien – general lien  Also implied pledge  So can sell after due notice
  • 20.
    Pledge Indian Contract Act “Bailmentof goods as security for payment of a debt or performance of a promise”  Occurs when goods are delivered  Returned only on repayment  Serve as security  Ex. Goods, stock, shares, debentures, movable property
  • 21.
    Essentials of pledge Delivery of goods may be physical or symbolic  Transfer of ownership  Right in case of failure to repay
  • 22.
    Advantages of pledge Easy to dispose as in possession  No double charge  No manipulation  In event of damage or loss can recover from insurance
  • 23.
    Pledge Rights  To retain For particular debt  Can claim expense  In default can file a suit, sue, sell  Remedy for 3rd party  Damage for Non disclosure  Loss for Defective title Duties  Care of goods  Use as per agreement  Deliver on repayment  Along with profit  Responsible for loss
  • 24.
    Mortgage Method of creatingcharge on immovable property like L&B  Only for immovable property  Some rights only  To secure loan  Specific one  Actual possession with mortgager  In case of default mortgagee can sell and recover
  • 25.
    Forms of mortgage Simple mortgage  Mortgage by conditional sale  Usufructuary mortgage  English mortgage  Mortgage by deposit of title deeds  Anomolous mortgage
  • 26.
    Other type ofmortgage  Legal mortgage Legal title t/f to mortgagee by deed On repayment re t/f expensive  Equitable mortgage Mere delivery of document Memorandum only
  • 27.
    Rights of Mortgager  Rightof redemption  Accession to property  Right to t/f to 3rd party  Right to inspect and production of documents Mortgagee  Right to sue  To sale  For foreclosure  Accession  possession
  • 28.
    Assignment Transfer of anyexisting or future right , property, debt by one person to another  Who assigns - assignor  To whom – assignee  Usually done on book debts, insurance claims, money due.
  • 29.
    Types of assignment Legalassignment  t/f of actionable claim  In writing by assignor  Intimating the assignee name  Assignee gives a notice to confirm balance  Can sue Equitable assignment  If not legal then EA
  • 30.
    Hypothecation  Mortgage ofmovable property  charge over goods, raw materials, goods in progress Hart defines it as “A charge against property for an amount where neither ownership nor possession is passed to creditor”
  • 31.
    Characterstics  Movable goods Possession and ownership with borrower  Charge by hypo deed  Submit statements regularly  Right to inspect Also called as “open loan” Convenient method
  • 32.
    Precautions  Get stockstatement regularly  Inspect stock and accounts  Undertaking – not hypothecated  Letter of hypothecation  Insure goods  Board “ hypothecated”
  • 33.
    Layaway sale -emerging Pay and earmark  Possession later  No bank lending
  • 34.