01.09.2020

Checking the quality and sufficiency of loan repayment security and drawing up an opinion on the possibility of granting a loan. Coursework credit policy of the bank avant-garde To draw up an opinion on the possibility of providing a loan


The loan agreement is the main legal document regulating the credit relations of the borrower and the bank, protecting the economic interests of the parties and determining their rights, obligations, the degree of material responsibility for violation of its basic conditions.

A modern loan agreement usually contains the following sections:

  • 1. General Provisions.
  • 2. Rights and obligations of the borrower.
  • 3. The rights and obligations of the bank.
  • 4. Responsibility of the parties.
  • 5. Procedure for resolving disputes.
  • 6. Duration of the contract.
  • 7. Legal addresses parties.

Loan agreements are concluded in several stages.

  • 1. Formation of content loan agreement the borrowing client (type of loan, amount, term, security, etc.).
  • 2. Consideration by the bank of the draft loan agreement provided by the client and drawing up an opinion on the possibility of providing a loan in general and on the conditions for its provision in particular (if the issue is positively resolved). At this stage, banks determine:
    • a) the creditworthiness of potential borrowers. A credit check is a prerequisite for concluding a loan agreement. In the course of this work, the bank implements the market conditions management the right to choose the subject of a credit transaction, in accordance with their economic interests;
    • b) their ability to provide credit to economic agencies in the amounts they require based on the available credit resources, the possibilities of increasing them due to their deposit and interest rate policy, attracting interbank loans, refinancing in Of the Central Bank Russian Federation etc.
  • 3. Joint adjustment of the loan agreement by the client and the bank until a mutually acceptable option is reached and submitted for consideration by lawyers.
  • 4. The signing of the loan agreement by both parties, i.e. giving it the force of a legal document.

For violation of the terms of the loan agreement, liability of the parties is envisaged, including property liability.

As additional conditions the loan agreement may be, for example, the requirements of the bank to the borrower: without consent, until repayment of the loan under this agreement, do not lend; not act as a guarantor for the obligations of third parties; not to sell or transfer to any form of ownership of their assets, as well as not to pledge them as collateral for loans from other creditors; avoid mergers or consolidations with other businesses.

After making a decision to grant a loan, the loan officer:

  • - we notify the Borrower of the decision taken;
  • - prepares for the conclusion of a loan transaction and registers loan documentation in the Journal of "registration of loan agreements".
  • - prepares and organizes the signing of the loan agreement.

The formation of credit documentation and other documents is carried out using the banking program for the automatic generation of documents.

For each loan, three copies of the loan agreement are drawn up: the first copy is handed over to the Borrower, two are handed over to the Support Department consumer loans: one of the copies is kept in the borrower's credit file, the second is filed in a separate folder for credit agreements, which is stored in the OSPK.

The general requirements for the amount of credit documentation to be drawn up are set out in the bank's lending programs.

The loan officer must be personally present when the Borrower signs the loan agreement, compares the person signing the documents with the photograph in the passport. If there is a visual discrepancy between the identity and the photograph in the passport, the client must be refused.

Credit documents from the Bank's side are signed by an employee who has a power of attorney for the right to sign credit documents. Verification of the signature in the passport and the contract is in an additional way personal identification.

Appendix No. 13 to the Procedure for Granting Loans to Microfinance Organizations, Small and Medium-Sized Businesses of the Moscow Region

EXPERT CONCLUSION FORM WITH RESPECT TO THE APPLICANT

Expert opinion on the possibility of providing a loan (form of ownership, name of the company)

The Moscow Regional Microfinance Fund was approached by (form of ownership) "(name of the enterprise)" represented by ________________. The parameters of the requested loan are as follows: loan amount - __________________ rubles. loan term - _______ months Prospective loan repayment schedule - ____________________________ purpose of lending - ________________________________ Proposed collateral - ________________________; ________________________; ________________________;

1) General information about the Applicant and the activities of the organization:

Date and place of registration;

The main type of activity, its share in the total volume;

The number of employees in the organization;

Availability of licenses (you do not need to list them all, but indicate whether the activity is licensed or not, whether the license has expired);

Main counterparties, availability of contracts;

The essence of the project for which the loan is requested;

The presence of negative information in relation to the Applicant, his managers (publications of a negative nature in the media, including searching through the Internet, information of a criminal nature).

2) Results of verification of the proposed collateral:

What is presented as collateral (when describing collateral information must be meaningful, must be disclosed quality characteristics collateral, for example, for vehicles to indicate the year of manufacture, condition, approximate comparative cost estimate, taking into account market prices for similar vehicles, etc.; for real estate, indicate the year of construction, area, driveways, cost of 1 sq. m, to give a comparative assessment with similar facilities in a given locality, etc. Verification of the reliability of the assessment is carried out through information directories, announcements of sale, real estate companies and other sources. Information about the possibility of alienation of property at the collateral value and individual elements; photographs of the collateral;

Who owns the pledge on the basis of ownership;

Location of the pledged property, storage conditions, data on its insurance and the absence of encumbrances;

Whether the proposed property has been pledged under other valid loan agreements.

3) Results of verification of data on other participants in the financed transaction (guarantors and / or pledgers - third parties):

This clause reflects information (to the same extent as in relation to the Applicant) in relation to:

Pledgers (if a third party is acting);

Guarantors (if any).

4) Results of the conducted financial and express analysis of the Applicant:

No debt to the budget on the basis of a certificate from the Federal Tax Service Inspectorate;

Financial analysis is carried out on the basis of the submitted financial documents of the organization, tax returns, the applicant's questionnaire and certificates of income and expenses in the prescribed form;

Express analysis is carried out according to the methodology established in Appendix No. 9.

Based on the financial and express analysis of the organization, it is concluded that:

The creditworthiness of the organization at the moment;

Trends in the financial performance of the organization and its ability to fulfill its obligations to the Fund in the future.

5) Summary:

Is it possible or not to issue a loan to the Applicant

(I consider it possible to provide a loan of ___________________ on the following conditions: loan amount - __________________ rubles loan term - _______ months principal repayment schedule - ____________________________ interest payment schedule - ____________________________ interest rate- ______% per annum purpose of lending - for ________________________________ the proposed collateral - ___________________________________; ___________________________________; ___________________________________.)

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Sberbank accepts as collateral:

· Sureties of citizens of the Russian Federation with a permanent source of income;

· Sureties of solvent enterprises and organizations of the bank's clients;

· Liquid securities pledged by an individual: bearer savings certificates of Sberbank, Sberbank shares, Sberbank promissory notes, government savings loan bonds, domestic government foreign currency loan bonds. The list can be changed and supplemented by Sberbank of Russia;

Liquid securities pledged by a legal entity, the list of which is established by the procedure for accepting documentary valuable papers as security for loan agreements in rubles, concluded by institutions of the Savings Bank of Russia with legal entities;

· Pledged real estate objects, vehicles and other property.

The surety is accepted from citizens between the ages of 18 and 70, with this meaning that the loan repayment period begins before the guarantor is 70 years old.

The estimated value of savings certificates of Sberbank of Russia is set at 100% of their nominal value without interest.

Estimated value of real estate objects, Vehicle and other property is established on the basis of an expert opinion of a bank specialist on real estate issues or a bank subsidiary licensed to given view activities.

Maximum loan amount.

Sberbank determines the loan amount, taking into account the interest due for the use of the loan, should not exceed in aggregate the appraised value of the pledged items and the solvency amount of the guarantors. In this case, the value of the assessed value of real estate objects and vehicles is adjusted by a factor of 0.7. In order to reduce risks, several forms of collateral for the loan repayment can be used simultaneously and the amount of collateral may exceed the amount of obligations under the agreement.

The maximum loan amount for each borrower is determined on the basis of an assessment of his solvency and the provided security for the loan repayment, taking into account his reliability and the balance of debt on previously received loans.

The maximum loan amount of Sberbank cannot exceed limit value established by Sberbank of Russia.

If an applicant who has applied to a bank for a loan already has a loan debt to the bank or other institutions of the Sberbank of the Russian Federation, then maximum size the loan provided is determined based on the fact that total amount debt subject to this loan may not exceed the established limit. At the same time, the debt on loans for urgent needs in the total amount of debt cannot exceed the limit set for loans for urgent needs.

The maximum loan amount (S) is calculated in two stages:

1) the maximum loan amount is determined based on the borrower's solvency (Sp). In this case, it is conventionally assumed that

2) the resulting value is adjusted taking into account other influencing factors: the provided security for the repayment of the loan, information provided in the conclusions of other divisions of the bank, the balance of debt on previously received loans.

The provided collateral affects the maximum loan amount for the borrower as follows.

The guarantee is provided for the entire amount of the borrower's obligation under the loan agreement. At the same time, when determining the maximum loan amount, the surety is taken into account only within the limits of the guarantor's solvency.

If the aggregate collateral (O) - the sum of the solvency of the guarantors and the collateral in the appraised value - is less than the value of the borrower's solvency (P), then the maximum loan amount (So) is determined based on the ratio:

When the bank accepts only guarantees from individuals (without other collateral) as collateral under a loan agreement, the following requirement must be met:

· For loans in the range from 100 to 1000 US dollars (or ruble equivalents of these amounts), at least two guarantees are provided;

· For loans ranging from USD 1001 to USD 5000 (or ruble equivalents of these amounts) - at least three guarantees;

· For loans ranging from USD 5001 to USD 10,000 (or ruble equivalents of these amounts) - at least four guarantees;

· Loans over USD 10,000 (or the ruble equivalent of this amount) in the absence of collateral for property (including securities) are not provided.

1.7. Drawing up a loan payment schedule. Control over the timely and complete receipt of payments. Loan processing and account opening

Loan payment schedule- a document in which all forthcoming loan payments are displayed in the form of a table. As a rule, it is an annex to the loan agreement and is issued to the client by the bank against signature.

The table of the loan payment schedule consists of the following columns:

The date of the upcoming payment. It is by this date that the client is obliged to ensure that the obligatory loan payment is received on the loan account;

The amount of payment that the client makes - in rubles or foreign currency;

A double combined column in which the amount of the payment is divided into repayment of interest and repayment of the principal on the loan. At the same time, at the beginning of the repayment of the loan with an annuity payment, most of the funds go to pay interest, and at the end of the term - to pay the loan itself;

The balance of the principal debt is the total amount of the remaining debt after the payment of the obligatory payment.

In some cases, in addition to this data, banks enter another column - the amount to early repayment... The fact is that according to the current legislation, the client has the right to repay the loan ahead of schedule, notifying the bank a month in advance. Thus, this section indicates the total amount of funds that must be transferred to the credit institution for the final repayment of the loan in full.

The payment schedule allows the client to know in advance when, how much he has to pay in order to plan his finances. However, most often, such a payment schedule is not absolutely accurate.

First, the due date may fall on a non-business day. In this case, the money must be received no later than the next business day after the specified payment date.

Secondly, as a rule, it is stipulated that the last payment is corrective, that is, it can be either more or less than the one indicated in the schedule. This is due to the fact that the amount of payments is often rounded up to whole rubles for the convenience of calculations. In addition, the last payment must take into account the interest for those days that may have been added due to holidays or weekends on the maturity dates.

In order to avoid penalties, it is better to deposit money in advance, and not on the same day as indicated in the loan payment schedule. Thus, the customer will have stock for what, for example, in payment order there will be an error or the payment will not arrive on time.

When concluding a loan agreement, banks often offer a choice of the payment date, the payment schedule is built based on it. In some cases, for an additional commission, this date can be changed.

If the client repays part of the loan ahead of schedule, the payment schedule is revised. As a rule, the amount of monthly payments changes. But the loan term can also be shortened.

The new Instruction states that bank accounts and accounts for deposits (deposits) are opened in the currency of the Russian Federation and foreign currencies, and also names the subjects, on the order of opening and closing accounts of which it extends its action.

Thus, the Instruction establishes the procedure for opening and closing bank accounts, accounts for deposits (deposits) of clients in rubles and foreign currencies for legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (lawyers, notaries, etc.), credit institutions and their branches, trustees, as well as courts, service units bailiffs and law enforcement agencies.
However, it does not apply to cases of opening and closing accounts opened on grounds other than a bank account or deposit agreement.

Compared to the previously valid Instruction of the State Bank of the USSR No. 28, the new Instruction more specifically defines the types of accounts that can be opened by a bank and specifies the list of documents required to open an appropriate account.

In particular, the Instruction determines that current accounts are opened for legal entities, their separate divisions, as well as individual entrepreneurs and individuals engaged in private practice. The purpose of opening current accounts for these persons is to make settlements related to entrepreneurial activity or private practice. Current accounts are opened for individuals to make settlements not related to entrepreneurial activity; correspondent accounts and sub-accounts - respectively to credit institutions and their branches; fiduciary accounts - a trustee for making settlements related to activities related to trust management; special bank accounts - to legal entities and individuals in the cases and in the procedure established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it; deposit accounts - to courts, subdivisions of the bailiff service, law enforcement agencies, notaries for crediting funds received in a temporary order in cases established by the legislation of the Russian Federation.

The previously valid Instruction of the State Bank of the USSR No. 28 contained the concept of a settlement sub-account that enterprises could open at the location of their divisions - branches, shops, warehouses, etc. The new Instruction does not provide for the possibility of opening such an account.

It should be noted that Instruction of the State Bank of the USSR No. 28 (sub. 3.2.1 and 3.2.3) also provided for the opening of a temporary account for the founders joint stock company for enrollment initial contributions founders and persons participating in the subscription to shares, and members of a limited liability company to enroll their contributions before registering the company, established the list of documents required to open such an account, and the procedure for opening and closing it.
The new Instruction does not contain provisions for opening a temporary or savings account for a newly formed legal entity, nevertheless, in accordance with clause 1.16 of the Regulation of the Bank of Russia dated 05.12.2002 No. 205-P "On the Rules for maintaining accounting in credit institutions located on the territory of the Russian Federation " credit institutions have the right to open accumulative accounts for legal entities and individuals (clients) for a certain period on the same balance account on which a current account is supposed to be opened for crediting funds. Spending funds from savings accounts is not allowed. Funds from accumulation accounts after the expiration of the term are transferred to the settlement (current) accounts of clients drawn up in accordance with the established procedure.

The decision on the advisability of issuing a loan is made either by an authorized official, or by the relevant governing body of the bank. For the rational organization of credit work, the decision of the board determines the powers of the head of the credit department, deputy chairman of the board for loans. Maximum amounts are set within which loans can be disbursed. In some banks, the loan officer only develops the terms of the loan and prepares all the materials, while the right of approval belongs to top administration and a credit committee composed of directors and experienced loan officers. In other banks, the loan officer can make a decision on all loan applications that he prepares, with subsequent approval by the credit committee. Credit Committee- this is a special body authorized to consider or make decisions on most issues related to lending, and only in special cases submit them for consideration by the board. The credit committee includes representatives from the board, credit, legal, foreign exchange and commercial departments, as well as Chief Accountant jar.

The package of documents for consideration by the credit committee includes:

  • application,
  • the opinion of the loan officer,
  • borrower's questionnaire,
  • the conclusion of the security service,
  • conclusion of the legal service.

If necessary, the package of documents can be supplemented with other documents that are essential when the credit committee makes a decision to issue a loan. The decision of the credit committee on the issue of granting a loan to a client is drawn up by an approval protocol, which is a confidential document.

If the credit committee makes a decision to refuse to issue a loan, the loan officer:

  • notifies the client by sending him a reasoned refusal signed by the head of the credit department;
  • makes a note about the refusal to issue a loan in the Application Registration Book;
  • returns, at the request of the client, the documents submitted by him for consideration of the issue of issuing a loan, leaving copies of these documents in the loan file;
  • will interfere in the case of refusals to issue loans: loan application, a package of documents, a protocol of the initial interview, a copy of a refusal letter to a client, a loan officer's conclusion, a security service's conclusion, a legal service's conclusion, a protocol of approval by the credit committee, a memo on the decision made by the superior credit committee.

In case of a positive decision to issue a loan, the loan officer:

  • communicates to the client the decision of the credit committee in writing (letter, fax, etc.);
  • makes a note of a positive decision in the Application Registration Book;
  • prepares a loan case.

After receiving permission to provide a loan, the bank begins to develop a loan agreement. This stage is called loan structuring During the structuring process, the bank determines the main characteristics of the loan: type of loan, amount, term, method of repayment, collateral, loan price, and other conditions.

Purpose of the loan... The first question that interests the Bank is the purpose for which the loan is taken. The purpose of the loan serves as an important indicator of the degree of risk. The bank, for example, avoids issuing loans for speculative transactions, since repayment depends on the outcome of dubious and sometimes illegal transactions and, therefore, carries a high risk. When issuing a loan to a firm, the bank takes into account the frequency of bankruptcies in the industry and is cautious with regard to enterprises operating in unstable industries. Issuing a loan joint stock company, the bank must make sure that the loan is taken to fulfill the purposes stipulated by the charter of the firm. The purpose also determines the form of the loan.

Amount of credit... The bank must verify the validity of the application in relation to the loan amount. It is important from the very beginning to correctly determine the required loan amount, because otherwise the bank will inevitably face a request to increase the loan when crisis situation... The danger is that the bank will be faced with an unpleasant alternative: to provide additional credit or to lose the money that has already been given to the borrower. Therefore, the bank, having received the client's calculations, must itself assess the required loan amount, making the necessary adjustments.

Practice shows that the borrower uses the most optimistic variant of the loan as the basis for the loan application and underestimates the loan amount, believing that it will be easier to get it from the bank. Sometimes the borrower, on the contrary, asks the bank for an overstated amount, hoping that if his request is not satisfied, he will subsequently reduce the amount of the application.

Loan repayment... When issuing a loan, the source of its repayment must be clearly identified. There are two main sources: from the proceeds of income or from the sale of assets. The bank must check whether the conditions offered by the client correspond to his real possibilities. The creditworthiness of an enterprise primarily depends on the size and regularity of making a profit. With regard to the sale of assets (real estate, securities) as a method of loan repayment, the main danger is that the proceeds from the sale of them may be significantly less than necessary to repay the debt. The bank should always take into account possible mistakes and take an obligation from the client to repay the unrecovered part of the debt at its own expense.

Loan term... The longer the loan term, the higher the risk, the more likely it is that unforeseen difficulties will arise and the client will not be able to repay the debt in accordance with the agreement. Commercial Bank, based on the nature of the funds raised, must limit its lending activities in the field of medium-long-term operations in order to ensure the necessary balance sheet liquidity and meet the requirements of depositors.

Security. An important element a credit transaction is what assets the borrower will be able to pledge as collateral, who is the owner of the collateral, the location of the collateral, storage costs, how the property offered as collateral is valued. The decision to grant a loan should always be based on the merits of the funded project itself, and not on the attractiveness of the collateral. Without collateral, a loan can be issued only in cases where the borrower is highly reliable.

Interest rate... The rate is determined in the course of negotiations and is formed under the influence of supply and demand for loans in the loan capital market. The rate also varies depending on the risk inherent in the loan, its size and maturity, the condition of the borrower's deposit account and collateral. In addition, the rates are influenced by habits and traditions, competition between banks, the maximum interest rate established by law, as well as the assessment by bankers and borrowers of the prospects for economic development and a number of other points. Interest rates for using a loan, the procedure, forms and terms of their payment are stipulated in the loan agreement. The interest rate for a loan may be revised by the bank during the term of the loan agreement when the discount rate of the Central Bank of the Russian Federation changes, as well as when the level of rates in the credit market changes. The change in the interest rate is formalized by an additional agreement to the loan agreement. Rate change in unilaterally it is possible only if the clause is included in the loan agreement: "The bank has the right to unilaterally increase the amount of the loan fee in the event of an increase in interest rates of the Central Bank of the Russian Federation or an increase in the cost of attracted resources."

The accrual and collection of interest in advance at the time of the loan is not allowed. Interest is charged on the debt that arises at the time of using the loan, until the date of repayment of this debt and is paid, as a rule, monthly or within the terms specified in the loan agreement, but at least once a quarter. In the event of an overdue debt, the borrower pays interest on the outstanding debt on time increased rate stipulated in the loan agreement. Incoming from the borrower cash first of all, are directed to the payment of interest (including overdue).

The loan officer must give the client proposals on the terms of the future loan, interest rate, collateral, etc. His offers may differ materially from those conditions that were contained in the client's application. In the process of negotiations, the positions of the parties come closer and they come to a compromise. After reaching agreement on the main issues of the transaction, a document is prepared summarizing the terms of the loan (loan agreement).

Loan documentation has exclusively essential, since the absence of any materials or their incorrect design can lead to large losses in the event of non-repayment of the loan and other unfair actions of the borrower. The bank must keep the following documents in the credit dossier:

  • conclusion of a loan officer with a visa of the head of the credit department or his dissenting opinion;
  • an extract from the minutes of the meeting of the credit committee;
  • all the previously listed documents for the issuance of a loan, with the exception of the constituent documents, which are stored in the operational department;
  • loan agreement;
  • pledge agreement or other types of security for the repayment of the loan (surety, guarantee, insurance policy);
  • pledged property appraisal report;
  • certificates of opinions of the legal service and the security service of the bank;
  • analysis by the bank of the borrower's activities for the past period;
  • instructions to the operational department for opening a loan account and issuing a loan, etc.

A loan agreement is a detailed document signed by both parties to a loan transaction and containing a detailed statement of all conditions. The main sections of the loan agreement:

  • general provisions. It indicates: the name of the contracting parties; subject of the agreement, type of loan, its amount, term, purpose, interest rate; conditions for ensuring the fulfillment of obligations under the loan; the procedure for issuing and repaying a loan, as well as the procedure for calculating and paying interest on a loan;
  • the rights and obligations of the borrower;
  • the rights and obligations of the bank. The rights and obligations of the borrower and the lender follow from the current legislation, and are also determined by the specifics of each credit transaction, the situation in the credit market, and the borrower's creditworthiness;
  • responsibility of the parties;
  • settlement of disputes;
  • contract time;
  • legal addresses.

After drawing up the loan agreement, it must be endorsed legal service jar. The signing of the loan agreement and the pledge agreement is carried out: on the part of the borrower - persons who have the authority to sign, confirmed by documents (director and chief accountant). An economist of the credit department is obliged to verify the presence of powers for the right to sign. On the part of the bank, the loan agreement is signed by the director and the chief accountant.

The loan agreement and the pledge agreement are drawn up in two copies, if notarization and registration of the pledge agreement are not required, in four copies, if notarization and registration of the pledge agreement is required: one for the pledger, the second for the bank, the third remains with the notary, the fourth - in the body registering the transaction.

The loan officer ensures that the following requirements are met when processing loan documents:

  • in documents sums of money must be indicated in words (once is enough), addresses, surnames, names, patronymics, names are written in full;
  • the contract is signed by those persons who are mentioned in the text. Special attention should be drawn to the inadmissibility of the client's use of facsimiles when signing contracts;
  • the client signs each page of the contract.

After that, a set of all documents is handed over to the client, and another set with accompanying documents goes to the bank's credit dossier. If the decision of the credit committee provides compulsory insurance security, insurance contracts are drawn up in accordance with the Unified Insurance Methodology. The loan officer is obliged to track the payment insurance premium the client. The client submits to the bank the original insurance contract, insurance policy and a copy of the payment document confirming the payment of the insurance premium. The loan agreement comes into force from the moment it is signed by the bank and the borrower, unless otherwise provided by the agreement.

In accordance with the loan agreement, which defines the main economic and legal parameters of the loan, the loan is issued. Depending on the needs of the borrower and the interests of the bank, a simple loan account or overdraft can be opened. Regardless of the chosen method of lending and the form of the loan account, the debt (the amount of the loan issued) is reflected in the Debit of active loan accounts, for the loan - repayment.

The validity of opening a loan account is confirmed by an internal bank document - an order to the operational department signed by an authorized person (or his deputy) and a loan officer. The order indicates the amount of the loan, the term, the interest rate, the basis for the issue.

The issuance of a loan can the manufacturer by paying settlement documents for values ​​and services, bypassing the current account of the borrower, or directly to the current account of the borrower and reflected accounting entry... Simultaneously with the opening of a loan account and the issuance of a loan, a reserve is created for possible losses on loans (RVPS).


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