Professional Documents
Culture Documents
(A LANDBANK Subsidiary)
CREDIT MANUAL
2014
CREDIT MANUAL
I. INTRODUCTION
A. POLICY STATEMENT
This Revised Credit Policy Manual was created in pursuit of LBP Leasing
Corporation’s (LBP Lease or the Corporation) commitment in providing
suitable guide to all potential users of this manual thus hastening access to
credit and promoting growth and development for its clients. Being a wholly
owned subsidiary of Land Bank, LBP Leasing Corporation contributes to the
pursuit of bank objectives by extending lease and loan facilities to
Government and its instrumentalities, Small and Medium Enterprises (SMEs),
Corporate Accounts, Cooperatives and Financial Institutions.
LBP Leasing Corporation shall continue to be attuned with the recent changes
and development in the leasing and credit industry to continually provide for
responsive products and services that is within the mandate of the existing
laws and regulations but most especially within the mandate to which the
Corporation was created.
B. OBJECTIVES
This Credit Policy Manual is in response to the need of providing a reference
material for all potential target users which may be used under the following
purposes:
1. To provide a handy reference for target users to facilitate the effective
and efficient performance of their duties and responsibilities;
2. To ensure uniform interpretation and implementation of various credit
policies, systems, procedures, forms and other related documents among
its target users;
3. To collate and integrate various statutory various orders, circulars and
issuance on credit policies and operations into a user-friendly document
to guide users in their daily credit and audit related activities ; and
4. To meet and maintain the following institutional objectives:
A sound and diversified lease and loan portfolio;
Prudent lending practice;
Responsiveness to market requirements and needs;
Liquidity of asset risk-asset portfolio; and
Profitability commensurate to risks taken.
C. SCOPE AND LIMITATIONS
The policies contained in this manual are based on pertinent laws, Bangko
Sentral ng Pilipinas (BSP) rules and regulations, Securities and Exchange
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June 1, 2004
June 2004 (BOD Res. No. n/a
Initial Issuance
04-050)
November 19,
2014 Credit Policy
August 2014 Manual
(BOD Res. No. 06012004
14-169)
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3.5. Monitor the Corporation’s bank accounts for payments of client made
through deposits to the bank accounts of the Corporation.
D. CREDIT APPROVING AUTHORITIES
The following are the approving authorities for all lease and credit
transactions of LBP Leasing Corporation:
1. President
2. Credit Committee
The Credit Committee shall be composed of five (5) members of the
Management team designated by the Board of Directors. Refer to
Attachment II.1 Credit Committee Composition and Attachment II.2 for
the Credit Committee Charter
3. Executive Committee
The Executive Committee has five (5) members including the Chairman
who are elected by the Board of Directors from among the directors of
the Corporation.
4. Board of Directors
The Board of Directors has eleven (11) directors including the Chairman
who are elected by the stockholders annually or as the need arises.
The signing and approving limits are presented in detail in the attached
Codified and Approving/Signing Authority (CASA). (Attachment II.3)
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1.4. As to Availability
1.4.1. Non-Revolving Financial Lease
A financial lease facility processed and approved for a specific
asset or a group assets (multi-asset) to be acquired.
A multi-asset is granted to expedite processing of additional
requirements of the same lessee during the year by enabling
the client to draw without need of new approvals so long as
the cumulative net exposure of LBP Lease on assets drawn
against the facility does not exceed the amount approved.
The assets may be of the same type/category or different,
may be acquired in one batch or over a period of time, may be
specifically identified immediately or not.
1.4.2. Revolving Financial Lease
A multi-asset lease facility which allows the client to draw
continuously during the validity of the facility provided the
carrying balance (outstanding principal balance) of all its
leases does not exceed the approved limit. This facility
reviewed annually and provided to client/s with good credit
standing.
2. FINANCING FACILITIES
Financing Facilities
2.1. Fixed Asset Financing
This facility provides medium or long-term financing to clients and
may be granted to provide funding for the following:
Acquisition of equipment or other capital assets to be secured
by the object to be financed.
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As to Availability
2.2.1.4. Revolving
Financing line where the Corporation makes a
commitment to a client to make available a certain
amount of credit where the client can draw from as
they want. Each drawdown is debited from the amount
available and as it’s repaid the amount becomes
available again as long as it is within the approved
availment period.
2.2.1.5. Single Project
Financing facility granted to clients to finance the
funding requirements of a substantial purchase order.
Single or multiple draw down of proceeds is allowed
from the approved facility for the specific
project/undertaking as approved by the Corporation. It
is normally short-term in nature since this is an
extraordinary transaction during the course of the
client’s normal operation. Importation of goods or
equipment may be allowed as part of the approved
facility.
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behalf from the obligor. The obligor, on the other hand, must
conform to the assignment and agree to remit payment/s only to the
LBP Lease. The excess of collection from the obligor shall be
refunded to the client.
The basis of the discounting (amount discounted) shall be the face
value of the receivables less the required yield. Interest shall be
computed on the amount discounted and deducted in advance from
the amount discounted.
Variants of Receivable Discounting/Purchase
2.3.1. With Recourse
Endorser shall pay the endorsee if the maker dishonors the
note.
2.3.2. Without Recourse
Endorser avoids future liability even if the maker refuses to
pay the endorsee on the date of maturity.
B. ELIGIBLE BORROWERS
LBP Leasing Corporation shall extend lease and credit facilities to the
following eligible borrowers subject to the requirements, design and features
of the facilities and to the evaluation and approval of the appropriate
approving bodies.
1. Government
2. Small and Medium Enterprises (SMEs) – enterprises or corporations
with asset size of not more than P100 million (excluding the value of land
used for the project) and must not be a branch, division or subsidiary of
any large corporation;
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2.4. Cooperatives
Acceptance Parameters Acceptance Criteria
a. Capitalization At least Thirty Thousand Pesos
(P30,000.00)
b. Profitability Profitable in nominal terms for the last
2 years
c. Debt- Equity Ratio Not more than 6:1
d. Past Due Ratio (for Coops engage Not more than 25%
in lending activities)
e. Qualitative Criteria
Must be operating viably in the last 3 years
Must have adequate and competent management and administrative
staff
No major dispute among the Directors and members in the last 2
years
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Credit Initiation
Portfolio Management
Account Management
Administration
Group
Monitor/manage/
administer the account
until full payment/
settlement or administer
Orderly Payment Unforseen Events Legal Servicing Unit remedial measures in
case of problematic
accounts.
Remedial
Management Account Servicing
Group
Repayment/Recovery Loss
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Solicitation
Referrals
List of
Publications
Prospects Checklist of
Internet Provide checklist of
documentary
documentary Prospective Clients
requirements
requirements
Checklist of
Complete and submit Documentary Credit
Client
documentary
Account Officer documentary Requirements Evaluation
requirements
requirements and Approval
Credit Folder
File
Account Officer
CIBI/
Request for CI/BI and Appraisal CIBI and
Appraisal Request Appraisal
AMG Head/
President
Application Report
Application Review and provide
with comments/
Account Officer Report initial assessment Account Officer
instructions
comments
Appraisal Report
CIAD Unit Credit
ICRRS
Investigation
Report
BBI
Account Officer
Assess client’s
Application business, financing Prepare financial
AMG Head/ Report with requirements and projections and CFP AMG Head/Team
President Instructions associated risks and credit facility Head
analyze financial proposal
statements
Business
External Sources A
Information
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A ICRRS
Endorsed ICRRS
BBI
Endorsed BBI
Endorsed ICRRS
Authorities
Approving
Approving
Approving Authorities Notice of Denial
Approved? NO
Authorities Resolution
Account Officer
Client
YES
Notice of
Approval
Prepare notice of
approval and basic Basic legal
legal documents documents Legal Counsel
B
Legal Counsel
Notice of
Review, conform and
Approval Conformed NOA
Account Officer sign NOA and basic Account Officer
legal documents
Account Assistant
Signed basic
Account Officer/
legal documents
File Credit
Conformed NOA
Client File documents
Implementation
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B. RELATED PROCESSES
1. Credit Origination
This shall refer to the process in which the Accounts Officers (AOs) seeks
prospective clients in market and industries coherent with the marketing
plan prepared.
2. Credit Evaluation and Packaging
This shall involve collecting the required documents and gathering of
relevant information from the prospective client. In this process, the
Account Officers shall evaluate all credit information about the borrower
and the project for financing.
2.1. General Guidelines
2.1.1. The Account Officers shall collect all the required
documents and relevant information from the prospective
client based on the prescribed standard checklist of
requirements shown as Attachment IV.1. The
requirements are by no means complete. The Account
Officer, however, should ask for other requirements for
the client to better evaluate the proposed credit
transactions. Therefore, the list may be
expanded/shortened depending on the industry/project.
2.1.2. Credit evaluation is made against the credit fundamentals
and specific Risk Asset Acceptance Criteria (RAAC) set
forth by the Corporation. The Account Officer should
always be mindful of the various risks associated with the
account. In evaluating the credit fundamentals and the
RAAC should be considered.
2.1.3. No one person shall perform both the credit evaluation
and credit investigation/collateral appraisal.
2.1.4. The client’s credit ratings using the Corporation’s Internal
Credit Risk Rating System (ICRRS) shall also be
considered in the evaluation of accounts. Please refer to
Attachment IV.2 for the Implementing Guidelines for the
use of ICRRS.
3. Credit Approval
This shall refer to the process where an account is presented to approving
authorities for credit decision. The approving limits of the approving
authorities should be consistent with the Corporation’s Codified
Approving/Signing Authority (CASA).
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3. Availability Period
3.1. Availability period shall be within one year from the approval date
for all type of facilities.
4. Mode of Release/Availment
4.1. Financing that involves construction of buildings and other
infrastructure shall be released on a project completion basis.
4.2. The equity of the borrower should be fully in place before the
Corporation makes any loan release.
4.3. Loan proceeds for machinery and equipment acquisition preferably
be released directly to supplier/s or coursed via L/C.
Reimbursement on loans is allowed as long as the
equipment/asset has been acquired less than 6 months.
4.4. For sale and leaseback transaction, the Corporation shall
reimburse to the client the cost of the assets acquired.
5. Insurance
5.1. As a general rule, all insurable collateral shall be insured with an
insurance company accredited by Land Bank of the Philippines and
thru LBP Insurance Brokerage, Inc. (LIBI). Any exception shall be
approved by the approving authority based on CASA. LIBI shall
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10. Taxes
10.1. Income tax payments of clients should be disclosed in the CFP,
STOT or Restructuring Proposal and other approval media for
credit transactions.
10.2. Borrower/client shall submit tax clearance on the real properties
offered as collateral as proof that the real property taxes are
paid/updated at the time these are offered as collateral to LBP
Lease.
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8. All the deviations from the standard terms and conditions shall be
highlighted and justified in the proposal.
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V. CREDIT IMPLEMENTATION
A. PROCESS FLOW
LBP LEASING CORPORATION
CREDIT IMPLEMENTATION
Credit Documentation and Availment
Source Input Process Output Customer
Credit
Initiation
Account Officer/Account Assistant
Review/validate
Availment
supporting Validation Report
Client Request
documents (PO,
contracts, etc.)
Request Price
Validation/Appraisal/ CIBI and
File Signed basic Inspection
Review and Appraisal
legal documents
processing of
availment request
Conformed NOA
Request
Insurance
LIBI
Quotation
Validated Report
Account Assistant
Availment Memo
Review results of
Results of Price
validation,
Validation AMG Head
appraisal,
inspection
CIAD Unit Accomplished
Accomplish
availment
Approved availment
checklist
Appraisal/ checklist A
Inspection Report
A Accomplished Accomplished
availment availment
AMG Head
checklist checklist
Endorsed
Availment Memo Evaluate availment
Account Officer Availment Memo President
memo
Accomplished
availment Approved
checklist YES Availment Memo
President
Endorsed
AMG Head Availment Memo Approved? Account Officer/
Account Assistant
Disapproved
NO Availment Memo
Account Assistant
Account Officer/
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Request for
Credit
Registration of
Investigation
Mortgage
and Appraisal
1
Documentation and Administration Unit
Review documents
completeness, accuracy
Account Officer/ Credit Folders
and compliance to
Account Assistant
approved terms,
conditions and policy.
NO
C Debit Advice/
Release authority Release Bank/Client/
Cheque
Account Officer/Account Assistant
proceeds Supplier
Central Liability
Documentation & Prepare Implementation Monitoring and
Admin Unit implementation Memo Billing
memo Document
and Collateral
Administration
NO
Corrected
Correct
exception 1
exceptions
Disapproved
Account Officer/
NO Exception Memo
Account Assistant
Account Assistant
Account Officer/
Disapproved Corrected
Correct
President Exception Memo exception 1
exceptions
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B. RELATED PROCESSES
1. Credit Documentation
This shall refer to the substantiation of the decisions and actions on all
approved accounts. This involves completion of all legal documents to
implement the credit transaction. A checklist of documents needed for
Credit Documentation is presented as Attachment V.1.
1.1. General Requirements
1.1.1. Contracts and documents implementing the credit
transaction shall be signed in accordance with the CASA
and the borrower and shall be reviewed for legal
sufficiency (see Attachment V.2 for the sample review
sheet).
1.1.2. The terms and conditions stipulated in the credit
agreements shall be consistent with and in accordance
with the Credit Facility Proposal (CFP).
1.1.3. Credit availments/drawdowns shall be supported by
evidence of indebtedness/obligation and/or appropriate
collateral/security agreement duly executed by the
borrower.
1.1.4. In case of line extension, proper approval and
documentation shall be secured.
2. Credit Availments/Disbursements
This is the process wherein the terms and conditions of the credit
agreement with the clients are executed. Proceeds of the client’s
borrowings are released at this stage.
2.1. General Guidelines
2.1.1. Release or availment shall be in accordance with the
approved terms and conditions and subject to completion
of all necessary and appropriate legal documents as
evidenced by a certificate of legal sufficiency.
2.1.2. For availments approved on an exception basis, there
must be close monitoring until the terms and conditions
(e.g., registration of REM/CM or payment of RETR after
any availments, etc.) have been complied. Exceptions
shall be specifically stated in the CFP as post-release
requirements and compliance therewith shall be time-
bounded. Deletion of such exemption or extension of
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6. Availment Documents
6.1. Lease Schedule
Forms part of the Master Lease Agreement. It describes the
property to be leased and the financial terms (lease payments,
lease term, security deposit). See Attachment V.6 for Lease
Schedule
6.2. Promissory Note (PN)
An unconditional promise in writing made by one person to
another, signed by the maker, engaging to pay on demand or at
fixed or determinable future time a sum certain in money to order
or to bearer. It is a principal evidence of indebtedness and is to
be considered along with the loan or credit line agreement.
Sample PN shown on Attachment V.7.
6.3. Disclosure Statement
A document disclosing to the client the details of the loans to be
released. The disclosure statement is attached to the PN.
Sample Disclosure Statement is shown on Attachment V.8.
6.4. Amortization Schedule
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7.5.1. As a general rule, the CSA shall be required for all types of
credit facilities. The majority of officers and management
shall be required to execute a CSA. The CSA must be
updated regularly (every time there are changes in the
Board of Directors who signed the agreement) by
requiring the new set of officers to execute the
agreement. It shall be the AOs who shall ensure the
updating of the CSA, particularly the term loans. If the
surety/officer is married, the spouse shall also sign the
CSA.
7.5.2. The names of the signatories of the CSA shall be specified
in the collateral/security box of the CFP. Should there be
exemption from the list of individuals required to sign in
the CSA, said exemption should be stated in terms and
conditions of the CFP. The net worth of individuals
signing the CSA shall likewise be indicated, which shall be
supported by a Notarized Statement of Assets and
Liabilities. A sample CSA is shown on Attachment V.12.
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Call Report
President
Periodic
Monitor compliance with
Documentary
Client terms and conditions of
Requirements
approval
release
documents Admin Unit
requirements
Monitor payments
Monitor
submission of Annual Loan
AMG Head/
File Periodic reportorial Review Report
Credit Folders requirements President
Reminder letter to
NO client Client
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Journal
Treasury Servicing Official Receipt Prepare journal Journal Vouchers
Voucher
Unit entries
Recording
Update
Monthly Reports
Subsidiary Management
Ledgers
Certificate of Full
Payment AMG
Credit Implementation
Documentation and Administration Unit
Safekeeping and
monitoring of
collateral
document
movement
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Updated
Initial Insurance Check and post File
Credit Insurance
Policy details for
Implementation Database
monitoring
Documentation and Administration Unit
Prepare
Check and post
Insurance Policy documents for Payment request Disbursement
LIBI details for
payments of Process
monitoring
premiums
Monitor clients’
payment of
insurance
File premium
Prepare billing
Billing
for insurance Client
premium
Accident report
Check Updated security File
and supporting Inform insurance
Client completeness of folder
documents company
documents
Assist clients in
claim settlement
Proceeds of claim
Monitor settlement
settlement Client
of claim
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Credit
CIBI/ Conduct CIBI
Investigation ASG Head/
Credit Initiation Request thru credit
Report President
bureaus
Request for
Registered
Documentation Registration of Register DAU/Account
mortagage
and Availment Mortgage mortgage Officer
CIAD
AMG
Inspection Report
Reviewed
or Updated Review appraisal
Appraisal Report
Appraisal Report report
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6.3. For classified accounts, client call should be done more often.
7. Inspection of Supporting Securities File
7.1. Supporting securities shall be subject to periodic
inspection/appraisal by the internal Inspector/Appraiser to validate
the existence/adequacy of the supporting collateral vis-à-vis
outstanding risk.
8. Appraisal/Inspection of Collaterals/Leased Assets
8.1. Periodic inspection and appraisal of leased asset and supporting
collaterals must be done to validate the condition/existence and
adequacy of collateral vis-à-vis the outstanding risk, respectively.
8.2. The appraisals/inspection shall be performed using the following
schedule:
8.2.1. For new loans/leases, credit line renewal, and
restructuring, date of appraisal reports shall not be more
than six (6) months prior to approval of transaction;
8.2.2. For properties offered under dacion and/or compromise
settlement and redemption of foreclosed properties,
appraisal reports should not be more than three (3)
months; and
8.2.3. For restructuring of loans exceeding P5.0 Million, the
appraisal of collaterals should be done by an independent
appraisal company accredited by Bangko Sentral ng
Pilipinas (BSP).
8.3. Periodic inspection and appraisal of financed equipment and/or
supporting collaterals must be done to validate the adequacy of
collateral vis-à-vis the outstanding risk.
9. Credit and Background Investigation
9.1. All Credit Investigation reports shall not be more than one year
(12 months) prior to approval of transaction or during line
renewal.
9.2. Hereunder is the matrix of the schedules for the updating of
inspection/appraisal and CI subject to the conditions stated below:
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Frequency
Credit Investigation
Type of Account Working Lease/Fixed
Appraisal
Capital Asset
Financing Financing
Government Two years after date
Once a year Once a year
Accounts of last appraisal
Corporate Two years after date
Once a year Once a year
Accounts of last appraisal
Two years after date
SME Accounts Once a year Once a year
of last appraisal
Financial
Two years after date
Institution Once a year Once a year
of last appraisal
Accounts
Cooperative Two years after date
Once a year Once a year
Accounts of last appraisal
9.3. Updating of inspection and appraisal shall be done every two (2)
years after the date of last inspection/appraisal provided that the
account is in current status. The Account Officer shall request for
inspection and appraisal once an account becomes past due. The
Account Officer may also request earlier appraisal if required for
additional facilities or renewal.
9.4. All classified accounts including restructured and items in litigation
shall be subject to Annual inspection and appraisal;
9.5. Marine vessels shall be subject to Annual inspection;
9.6. The Account Officer shall prepare the appropriate recommendation
for approval in case the updating of appraisal will be endorsed to
accredited appraisal company of LBP Lease and that the appraisal
fees will be shouldered by LBP Lease.
C. ANNUAL REVIEW OF ACCOUNTS (TERM LOAN REVIEW)
1. A systematic procedure should be in place to ensure periodic and timely
review of the credit and its collateral and security.
2. The Account Officer shall conduct an annual credit review of facilities with
tenor that is more than three years to assess and monitor conditions of
existing credit facilities granted. The following shall be exempted for the
review:
2.1. Financing facilities for government accounts; and
2.2. Financing facilities for permanent working capital
Please see Annex VI.1 for the Guidelines in the Conduct of Credit Review
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Division Contents
Agreement
Receivable Financing
Agreement
Receivable Discounting
Agreement
Memorandum of Agreement
Client’s Board Resolution /
Secretary’s Certificate
E. Collateral Documents Surety Agreement – SALN / ITR
Real Estate Mortgage (REM)
Transfer Certificate of Title
(TCT)
Condominium Certificate of Title
(CCT)
Tax Declaration
Real Estate Tax Receipt (RETR)
Chattel Mortgage (CM)
LTO Certificate of Registration
(CR) & Official Receipt (OR)
Money Placement with
Landbank
F. Corporate Papers SEC/DTI/CDA Registration
Certificate
Articles of Incorporation /
Cooperation
By-Laws
Company Profile / Basic
Business Information (BBI)
General Information Sheet
List of Stockholders & Officers
News clippings about the client
/ industry
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Division Contents
Income Tax Returns (ITR)
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Facility Contents
& Coverage (if applicable)
Acknowledgment Receipt of
Postdated Checks
Repricing Notice
Fixed Asset Financing Approved Availment Memo
Client’s Letter of Intent
Term Loan Availment Checklist
Payment Order
Implementation Memo
Loan Agreement
Promissory Note
Disclosure Statement
Amortization Schedule
Insurance Quotation, Payment
& Coverage
Inspection Report
Price Validation (brand new
equipment)
Appraisal Report
(used/reconditioned equipment)
Acknowledgment Receipt of
Postdated Checks
Repricing Notice
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Division Contents
Tax Declaration
Real Estate Tax Receipt
Chattel Mortgage
LTO Certificate of Registration
(marked “Encumbered”
Recommendation/Approval Memo Recommendation
Credit Facility Proposal
Notice of Approval (duly
confirmed by Lessee/Borrower)
LBP Lease Board/Excom
Resolution
Client’s Approval Secretary’s Certificate
Board Resolution
Specimen Signature Cards
Corporate Papers SEC/CDA/DTI Certificate of
Registration
Articles of Incorporation
By-Laws
Other Permits and Licenses
List of Officers & Stockholders
(certified by the Corporate
Secretary)
Financial Reports Income Tax Returns
Audited Financial Statements
(for initial availment and at the
time of restructuring only)
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Division Contents
Tax Declaration
Real Estate Tax Receipt
Certificate of Occupancy
LTO CR & OR marked
“Encumbered”
Appraisal Report on Collaterals
(for initial availment only)
Availment Documents Approved Availment Memo
Confirmation/Availment
Request
OR for Security Deposit
Purchase Order
Insurance Quotation, Payment
& Coverage
Price Validation (brand new
equipment)
Proforma Invoice
Other Permit and Licenses, if
applicable
Appraisal Report (for initial
availment only)
Inspection Report (for initial
availment only)
Certificate of Acceptance
5.5. Care should be taken that all unfavorable information is
permanently filed in the credit folder under its
corresponding/appropriate section.
6. Credit Disposition After the Retention Period
6.1. The Account Officer and Credit Officer shall be responsible in
forwarding for storage or safekeeping of all culled materials, and
the disposition of same after the retention period has elapsed.
6.2. Culled materials shall be retained in the respective storage rooms
of the Account Management Group and Account Servicing Group
until these are ready for disposal.
E. COLLECTION SYSTEM
1. All outstanding leases/loans must be monitored closely to ensure prompt
payment at maturity of the amortization and any other charges or
expenses associated with the transaction.
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F. APPLICATION OF PAYMENT
1. The application of payment shall be in the following order:
1.1. Advances (insurance, etc);
1.2. Penalty;
1.3. Interest on loan;
1.4. Capitalized interest and other charges; and
1.5. Loan Principal
2. The above order of payment should be stipulated in the lease/loan
agreement and shall be applied first on obligation which is onerous to the
borrower/client.
3. For long past due accounts whose collection/repayment is doubtful and/or
legal cases has been filed payments shall be applied to the principal
portion of the obligation upon recommendation of the Account Officer and
the Legal Servicing Unit. No income shall be recognized from the
transaction until the principal exposure is recovered.
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G. PENALTY
1. Penalty Rates
The following penalty rates shall be applied:
Facility Penalty Rates
Leases Three percent (3%) per month to start on the day
after the due date of the lease amortization up to
the date of settlement.
All other credit Two percent (2%) per month to start on the day
facilities after the due date of the loan amortization or lump
sum payment up to the date of settlement.
2. Computation of Penalties
Accounts shall be charge with penalties in accordance with the prescribed
penalty rates. Penalty charges shall be computed as follows:
2.1. For amortized facilities (leases, term loans, term facilities with
interest payments etc.), the penalty shall be based on the unpaid
amortization due;
2.2. For credit line facilities, penalty charges shall be computed based
on the unpaid principal and interest on the maturity date of the
particular availment. Should the particular availment require
periodic interest payments before maturity date, penalty charges
shall be computed on any unpaid interest payment when due.
2.3. For accounts declared as “due and demandable” by acceleration,
penalty charges shall be based on the total outstanding principal
reckoned from the day immediately after the notice/demand letter
(declaring the account “due and demandable”) is served to the
borrower up to the date of settlement or the date a work out
arrangement (restructuring, payment arrangement, etc.) has been
approved. Thus, for account that are declared “due and
demandable” by way of acceleration, the total penalty charges
shall be the sum of penalties (based on arrearages) incurred prior
to the receipt of the demand letter, and the penalty charges
(based on outstanding principal) incurred from the date
immediately after the notice/demand letter is served up to the
settlement date or the date a work out arrangement
(restructuring, payment arrangement, etc.) has been approved.
3. Waiver of Penalties
3.1. Full or partial, absolute/conditional waiver/condonation of
penalties shall be allowed under meritorious cases and subject to
the approval of the Approving Authorities.
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4. Approving Authorities
4.1. Approval of full or partial waiver of penalties, whether absolute or
conditional shall be subject to the following approving authorities
unless otherwise provided:
Amount of Penalty Charges Approving Authority
Up to P25,000.00 President
Over P25,000.00 up to P50,000.00 Credit Committee
Over P50,000.00 up to P200,000.00 Executive Committee
Over 200,000.00 Board of Directors
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1.7. Account Officers should study LBP Lease position vis-à-vis other
creditors and decide whether LBP Lease should proceed alone or
together with other creditors.
1.8. If an account is referred for legal action, collection activities shall
be continuously undertaken.
1.9. Explore different courses of action with objective of maximizing
recovery and minimizing the loss.
1.10. Account Officers should timely recognize and act on vital
documentary deficiencies to avoid potential losses to LBP Lease
due to technicalities.
1.11. The AMG should conduct an annual portfolio review of all existing
credit accounts to identify potential problems and institute
corrective measures.
2. Credit Lapses
Generally, lending problems may be caused by lapses in loan packaging
and/or customer and related factors. The Account Officers are advised to
be always conscious of them. The specific causes of these factors may be
as follows:
2.1. Loan Packaging
2.1.1. Neglect of basic criteria and standards
2.1.2. Excessive emphasis on project earnings and setting aside
the capability of client to run the project.
2.1.3. Unclear/unspecific loan purpose thereby allowing
disbursements not related to the project.
2.1.4. Source of repayment is not tangible and quantifiable
2.1.5. Weak second way out
2.1.6. Inappropriate amortization schedule
2.1.7. Giving in to competitive pressures from other financial
institutions resulting to soft credit terms/conditions and
sacrificing standards.
2.2. Customer-Related Factors
2.2.1. Dominance by one or few officers of business/project
operations.
2.2.2. Dependence on one product line resulting to inflexibility to
changes in the market.
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a. Unclassified Accounts
b. Classified Accounts, consisting of the following:
Miscellaneous exceptions-loans and
advances (ME-LA)
Loans especially mentioned (LEM)
Substandard
Doubtful
Loss
4.1.3. The account classification shall be properly disclosed in
the credit proposal.
Please refer to Annex VII.1 for the Guidelines in Account
Classification and Annex VII.2 BSP Circular No. 247 Series
of 2000 for the characteristics and the account
classification indicated above.
4.2. Approval Procedure for Classification/
Reclassification/Declassification of Accounts
4.2.1. Whenever the situation warrants, the Account Officer shall
initiate the classification, reclassification and/or
declassification of accounts using the Account
Classification Memorandum.
4.2.2. The Head of AMG shall review and recommend approval
of the account classification and submit the same for
approval of the President.
4.3. Annual Qualitative Review
4.3.1. Account Management Group shall conduct annual
qualitative review of accounts outstanding as of June 30.
4.4. Setting-up Valuation Reserves
4.4.1. Valuation Reserves shall be set-up as follows:
Valuation
Classification of Account
Reserves
Loans Specially Mentioned (LEM) 5%
Substandard
Secured 6% to 25%
Unsecured 25%
Doubtful 50%
Loss 100%
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Minimum Number of
Mode of Payment
Arrears in Installment
Annually 1
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B. REMEDIAL MANAGEMENT
1. GENERAL GUIDELINES
1.1. Problem account management shall be managed based on the
following objectives:
1.1.1. Maintenance of a high quality loan portfolio through the
regularization of problematic accounts; correction of
credit/documentation deficiencies; and strengthening
weak credit by upgrading the collateral support;
1.1.2. Introduction of collection efforts with ultimate goal of
collecting interest and full recovery of loan principal;
1.1.3. Provision of optimum protection of LBP Lease’s interest by
instituting timely and appropriate legal or extra-legal
action;
1.1.4. Minimization of write-offs
1.2. The Account Officer shall be primarily responsible for managing
problem accounts, including the following:
1.2.1. Overall account supervision and monitoring;
1.2.2. Early detection of potential problem accounts;
1.2.3. Submission of a comprehensive and time-bounded
remedial action plan; and
1.2.4. Implementation of comprehensive and time-bounded
action plan and strategies to mitigate potential problems.
1.3. The Account Management Group should maintain a system to
periodically assess, monitor, supervise and follow-up account
management activities, including the conduct of regular
review/discussion.
2. Remedial Measures
2.1. Remedial Measures refer to strategies and activities that comprise
an overall rehabilitation plan to help the client meet its maturing
obligations and improve LBP Lease’s chances of recovery.
2.2. The Account Officer shall institute remedial measures when
payment, covenant, representation, insolvency, seizure, cross,
judgment and other events of defaults occur.
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Refinancing
DESCRIPTION GENERAL GUIDELINES
This mode of The following shall be considered in
settlement is thru refinancing:
extension of a new loan Company is viable and market
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Compromise Settlement
DESCRIPTION GENERAL GUIDELINES
Covers lump-sum Payment should not exceed six (6)
payment either through months, otherwise it becomes
cash payment or dacion restructuring and should include full
en pago and generally amount of obligation bearing interest
includes condonation of on the principal balance.
unbooked interest Proposal shall be subject to approval
and/or penalty charges. per CASA.
In packaging the compromise
settlement, the following shall be
emphasized:
Inclusion of yield analysis for
cash settlement to show that a
desirable yield on fund exposure
is attained;
Settlement shall bring immediate
reduction of past due level and
cash receipt (for cash payment);
and
Offer of dacion en pago shall be
evaluated vis-à-vis the latest
appraisal of the property which
shall not be more than three (3)
months old on the date of the
dacion approval;
The settlement shall more than
cover the total booked obligation.
Other alternative options should be
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Off-Setting
DESCRIPTION GENERAL GUIDELINES
Involves the provision Goods and services shall pass LBP
by the borrower of Lease’s bidding process for the
services and/or goods arrangement to take effect.
as loan settlement. The
goods/services shall be
used to liquidate the
borrower’s obligation
with LBP Lease
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Assumption of Mortgage
DESCRIPTION GENERAL GUIDELINES
Involves the The third party should pass the risk
assumption of asset criteria and other credit
mortgage by a third standards of LBP Lease.
party, e.g., a private Approval of this transaction is based
individual, partnership, on thorough evaluation of the credit
company cooperative, worthiness of the party assuming
etc. wherein he the obligation.
assumes the obligation Reasonable amount of down
of the borrower. payment and/or additional collateral
shall be required. The Appraisal
Report shall be updated to
determine LBP Lease’s collateral
position prior to the approval of the
transaction.
Preferably, all amortizations due
shall be covered by post-dated
checks to be issued upon
implementation.
The transaction shall be covered by:
Deed of Assumption of
Obligation (signed by obligor
and LBP Lease as the obligee);
and
Deed of Sale with Assumption of
Mortgage (signed by the original
borrower as vendor and the
obligor as the vendee with
conformity of LLBP Lease.
These documents shall be
registered with the Registry of
Deeds prior to implementation.
Proposals shall be made via CFP.
3. Liquidation Strategies
3.1. Liquidation options may be pursued if workout negotiations fail.
Sometimes a combination of liquidation and work-out may be
pursued to come-up with a realistic repayment plan. If existing
collateral is insufficient, other assets should be identified as source
of payment later.
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3.3.4. Replevin
DESCRIPTION GENERAL GUIDELINES
This is a remedy by which a party The Corporation shall seek approval
seeks to recover immediate for the filing of replevin case and
possession of a personal property pay the necessary fees.
which is the subject matter of
action without waiting for the final
adjudication of the case on the
merits.
4. Litigation Strategies
4.1. This involves filing of cases in court which involves time and
money. The final decision normally takes time.
4.2. When Litigation May Be Pursued
4.2.1. Account is not secured
4.2.2. Collateral is lost or not worth running after
4.2.3. Mortgage is abandoned and collection suit is filed
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5. Other Strategies
5.1. Write-off
These are accounts whose collection recovery is remote after all
efforts have been exhausted (i.e. clean loans and company ceased
to operate or has filed for insolvency proceedings, among others).
Determination of accounts eligible for write-off is a matter of
judgment.
5.2. Suspension of Payment
Suspension of payment is the postponement, by court order, of
the payment of debts of one who, while possessing sufficient
property to cover debts, foresees the impossibility of meeting
them when they respectively fall due.
5.2.1. Who May Petition: Any debtor who foresees the
impossibility of meeting its debts when they respectively
fall due or any creditor/s holding at least 25% of the
debtor’s total liabilities, may petition the proper Regional
Trial Court to have debtor placed under rehabilitation.
5.2.2. Petitioner is required to submit a rehabilitation plan.
5.2.3. Creditor or Debtor shall file a verified opposition to or
comment in the petition.
5.2.4. Court appoints a Rehabilitation Receiver who is tasked to
study the best way to rehabilitate the debtor; it can also
recommend a termination of the proceedings and the
dissolution of the debtor if he determines that the
continuance in business of such entity is no longer
feasible.
5.3. Redemption
This is a transaction through which the mortgagor or one claiming
his rights, by means of payment or performance of condition
reacquires the title to the property subject of mortgage
foreclosure.
5.3.1. In case where the foreclosed is owned by the individuals,
redemption period is one (1) year reckoned from the date
of registration of the Certificate of Sale (COS) with the
Register of Deeds. However, if the realty foreclosed is
owned by juridical entities, the redemption period shall be
until the registration of COS or until three (3) months
from foreclosure date, whichever is earlier. For
land/agricultural land covered by patents, after the
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8. CI and appraisal updates shall not be more than twelve (12) months and
2 years at the time of the proposal.
9. Additional conditions or instructions made by the approving authorities
must be clearly stated in the STOT.
10. All changes/amendments in the approved terms and conditions in the
STOT shall be justified.
11. In no case shall extension of line expiry, changes in pricing, re-allocation
of sub-limits, and/or collateral substitution/partial release be granted if
account is past due, except in cases where the Corporation’s position is
enhanced or when transactions proposed in the STOT are part and parcel
of a restructuring or remedial action on the account.
B. TRANSACTIONS REQUIRING STOT
1. Amendments/Deviations from approved terms and conditions, shall be
limited to the following:
1.1. Extension of Line Expiry
1.1.1. As a general rule, no line extension shall be allowed after
the expiry of the original line, except when borrower has
not submitted the documents required for the renewal of
the line; or required documents were submitted too late
to enable the Lending Unit to prepare a line renewal.
1.1.2. Every STOT for line extension, except for Financial
Institutions, shall be accompanied by a written request
from the borrower indicating his intention to renew the
line.
1.1.3. No line extension shall be allowed after the expiry of the
existing credit line.
1.1.4. In highly exceptional cases, request for extension shall
only be granted for a maximum of sixty (60) days,
provided there will be no new availment during the
extension period.
1.1.5. Approving level shall be the same as the original
approving authority.
1.1.6. Line extension shall not involve any increment in the
originally approved credit facility.
1.2. Changes in Pricing/Interest Rate
1.2.1. Interest rate or pricing provision may be amended on a
case-to-case basis depending on the following:
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5. The review proper shall involve the examination of credit documents and
related files of the accounts during the coverage of the review. Accounts
to be reviewed shall be determined by the IAU.
6. The auditor reviewer to supplement data gathering and to clarify issues
shall do interviews of the Account Officers simultaneously.
7. For each account reviewed, the auditor shall issue Comment Sheet
containing queries and audit exceptions that should be answered by the
responsible Account Officer and noted by the Group Head.
8. Comment Sheet shall be returned to the auditor interviewer at an agreed
time but not more than three (3) days from date of receipt. These would
serve as basis in the preparation of draft of Discussion Draft Report,
which will contain all exceptions not duly clarified during the review
proper.
9. Project visitations shall also be undertaken by the auditor to augment
information gathered from working files. Account validation shall either
be coordinated with the AMG or the auditors may opt to conduct project
calls on their own.
10. Minimum sample size shall be 35% of total number of accounts and 65%
of total lease/loan balance.
11. Pre-Exit Conference shall be done by the IAU to ensure that all issues are
discussed in detail, clarified and understood. This also serves as venue
for the IAU to further coach Account Officers on the proper way of
implementing credit procedures, if there is a need.
However, the pre-exit activity may be dispensed with in cases where the
audit findings are reasonably minimal and such issues could be sufficiently
covered during the conference provided a mutual agreement has been
made between the auditee and the auditor.
12. The Exit Conference shall be held among the audit team and the
concerned Group Heads and Account Officers to discuss
findings/exceptions contained in the draft of the Audit Report, which shall
be submitted to them by the auditor reviewer at least three (3) days prior
to the scheduled date of the Exit Conference.
13. The final Internal Audit (IA) Report shall incorporate the issues taken up
during the Exit Conference. The IA Report shall be basis of the auditee’s
official response memo, which shall be course through appropriate
channels and submitted to the Chairman of the Audit Committee.
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