2021-01-01
The Palestine Monetary Authority issued Instructions No. 2021/02 to regulate the classification of loan portfolios and the formation of provisions for specialized lending institutions. The document mandates specific risk provisioning percentages for performing and non-performing loans, establishes strict criteria for loan rescheduling, restructuring, and write-offs, and requires detailed quarterly reporting of restructured facilities. It supersedes previous regulations and imposes penalties for non-compliance, with a three-month grace period for institutions to align their operations with the new standards.
Based on the provisions of Decision No. (132) of 2011 on the Licensing and Supervision of Specialized Lending Institutions, particularly Article (21) thereof,
After reviewing Instructions No. (3) of 2018 regarding guidelines for implementing International Financial Reporting Standard No. 9,
In accordance with the powers vested in us,
And in the public interest,
We have issued the following Instructions:
The words and phrases contained in these Instructions shall have the meanings assigned to them below, unless the context indicates otherwise:
| Specialized Lending Institution: | A specialized lending company licensed by the Palestine Monetary Authority. |
|---|---|
| Performing Portfolio: | Good loans and financings that are fully repaid according to the contract terms, including the repayment of principal, interest/returns, and related fees and commissions. |
| Non-Performing Portfolio: | Risky loans and financings that have not been repaid according to the contract terms, where the borrower has defaulted on the repayment of principal, interest/returns, or related fees and commissions. |
| Provision: | Expected credit loss provision formed against the performing and non-performing portfolios. |
| Rescheduled Loans and Financings: | Non-performing loans and financings for which the agreed terms related to the repayment schedule have been modified for the purpose of collecting risky (non-performing) debts. |
| Restructured or Refinanced Loans and Financings: | Loans and financings for which any modification has been made to the original contract terms or the loan/financing agreement signed with the borrower, including (loan/financing value, installment value, interest/return value/rate, fee/commission value/rate, interest/return calculation and repayment mechanism, date of first or last installment, grace period). |
| Excluded and Written-Off Loans and Financings: | Loans and financings that the specialized lending institution wishes to exclude from the balance sheet or write off, after exhausting all collection means in cases of debt exposure or emergency situations affecting the borrower, such as death or natural disasters, among others. |
The specialized lending institution must comply with the following regarding the performing portfolio:
The specialized lending institution must comply with the following regarding the non-performing portfolio:
Use any cash collections from non-performing loans and financings to repay the full outstanding principal.
Loans and financings and the necessary provisions against them shall be classified in accordance with the provisions of Instructions No. (3) of 2018 regarding guidelines for implementing International Financial Reporting Standard No. 9 "IFRS 9". The classification of distressed loans and financings from the non-performing portfolio includes the following cases:
a. Non-consolidated loan and financing portfolio that is overdue on one or more principal or interest installments, with a provision against it at a rate of 25%.
b. Sub-standard loan and financing portfolio that is overdue on one or more principal or interest installments, with a provision against it at a rate of 50%.
The specialized lending institution must suspend interest, commissions, and fees due or collected in advance on unpaid loans and financings after 90 days have passed from the due date of one or more principal installments of the loan or financing, until the full principal is repaid for the due installments. These amounts must be recorded in a separate account and shall not be included in revenue accounts.
For the purpose of calculating provisions, guarantees against the performing and non-performing portfolios are accepted in the following cases:
The specialized lending institution must comply with the following regarding rescheduled loans and financings:
The conditions and procedures for rescheduling stated in the approved credit policy.
The classification of rescheduled loans and financings shall remain within the distress periods prior to the rescheduling date, with the continued calculation of the provision formed against them, and the transition to distress periods in the following cases:
a. For loans and financings that became distressed after complying with rescheduling conditions.
b. For loans and financings that became distressed during the rescheduling period after exhausting the three-installment period.
c. For rescheduled loans and financings whose installment due dates have not yet arrived after the rescheduling process.
The specialized lending institution must comply with the following regarding the restructuring or refinancing of loans and financings:
The specialized lending institution must disclose debt referenced to court (in courts) within its distress period while continuing to:
Transition through distress periods and form provisions against them until the debt is fully settled and compliance with installment payments is maintained.
It is prohibited for the specialized lending institution to classify debt referenced to court as part of the performing portfolio except after conducting the first settlement with the borrower and repaying six consecutive installments from their own sources.
The specialized lending institution must classify debt referenced to court as losses and collect a 100% provision against it in the following cases:
a. When the borrower's debt becomes distressed after the first settlement (i.e., classified as performing portfolio).
b. In case of more than one settlement for the same existing debt of the borrower with judicial authorities and courts.
The specialized lending institution must transfer files of non-performing loans and financings to the company's lawyers via an official letter issued by the institution.
The specialized lending institution must comply with the following regarding the exclusion or write-off of debt:
Anyone who violates the provisions of these Instructions shall be punished in accordance with the provisions of Decision No. (132) of 2011 on the Licensing and Supervision of Specialized Lending Institutions.
All specialized lending institutions must rectify their status in accordance with these Instructions within a maximum period of three months from the date of entry into force of these Instructions.
All competent authorities shall, each within their respective jurisdiction, implement the provisions of these Instructions, and they shall apply from the date of their issuance.
Issued in Ramallah on 27/10/2021 AD
Dr. Firas Malham Governor (Signature)
| Loan or Financing Number | Client/Borrower Name | Loan or Financing Value | Date of First Payment for Loans and Financings | Date of Restructuring or Refinancing | Reason for Restructuring or Refinancing | Condition Modified on Original Contract |
|---|---|---|---|---|---|---|