2021-10-31
The Central Bank of Kuwait issues a comprehensive framework of instructions and circulars to rationalize bank credit policy across all local financial institutions. Banks are mandated to refrain from extending facilities against post-dated cheques, convert personal loans into fixed-term structures, and strictly verify that credit is utilized for its stated purpose. The regulations enforce strict credit-to-deposit ratios, align loan interest rates with the central discount rate, enhance collateral requirements, and mandate regular external audits of derivatives alongside detailed periodic reporting on housing finance and SME rescue programs.
10 - INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY A) Instructions concerning post-dated cheques. B) Circular confirming the Central Bank of Kuwait instructions of 8/5/1982 concerning post-dated cheques. C) Instructions No. (BSB/105/1993) Concerning the Rationalization and Organization of Banks Credit Policy ( effective from 2/1/1994 ). D) Increasing the ratio of fixed Term Loans to the total value of KD Cash Credit Facilities Portfolio, to no less than 75%. E) Instructions No. (2/BS/13/1997) providing for All Personal Loans to be in the form of Fixed – Term Loans, Except For Margin Loans Extended to Finance the purchase of Securities. F) Instructions No. (2/BS/21/1997) obligating banks to define the purpose of extending credit facilities in their borrowing agreements with customers; and to ensure that credits are used for the purposes they were extended for. G) Instructions No. (2/BS/27/1997) concerning credit facilities extended by banks to finance trading in securities, and for other purposes. H) Circular No. (2/BS/63/1998) instructing banks to stop extending credit facilities for financing the purchase of securities by utilizing customer’s funds within the bank’s portfolio management. I) Circular No. (2/BS/69/1999) concerning credit facilities extended by banks for financing trading in shares in the Kuwait Stock Exchange (allowing commercial banks to resume the extension of margin trading facilities, and setting the rules to be complied with in this regard ) . J) Circular instructing banks to provide the Central Bank of Kuwait with detailed data on credit facilities extended for financing trading in shares in the Kuwait Stock Exchange. K) Circular obligating banks to verify the purpose of credit facilities extended to customers, particularly those facilities extended in foreign currencies, and to follow-up customers in this respect. L) Instructions regarding the fixing of interest rate on credit facilities in the borrowing agreements concluded with customers.
M) Circular requiring banks to provide the Central Bank of Kuwait with detailed data on credit facilities extended for the purposes of financing trading in shares in the Kuwait Stock Exchange, on a monthly instead of weekly basis. N) Circular concerning the obligation on banks to very thoroughly study the purpose of credit facilities provided to customers on extending these facilities, particularly the facilities extended in foreign currency, along with following up their use by customers for the purposes they were extended for. O) Circular concerning credit facilities extended to finance the execution of works and projects outside the State of Kuwait. P) Instructions Stipulating that the ratio of the balances of credit facilities portfolio should not exceed 80% of the deposit balances. Q) Circular No.(2/BS,IBS/211/2007) concerning the amendment of the method of calculating the ratio of credit facilities portfolio balances at 80% of the deposit balances. R) Circular No. (2/BS, IBS/224/2008) concerning the increase of the ratio of net credit facilities portfolio to deposits from 80% to 85%. S) Circular No. (2/BS, IBS/227/2008) concerning banks’ financial transactions with investment companies. T) Circular on the general rules to be followed when banks extend the finance required for rectifying the conditions of local investment companies, under the local investment companies support program. U) Circular No. (2/BS/230/2008) to all conventional banks concerning the emphasis of the requirement of reducing interest rates on loans in line with the reduction of the discount rate. V) Circular concerning the resolution to grant exemptions on some regulatory ratios within the framework of extending the finance required to rectify the conditions of the local investment companies. W) Circular No. (2/BS, IBS /233/2008) directing banks to enhance the collaterals submitted by customers against credit facilities / finance transactions. X) Circular No. (2/BS, IBS /235/2008) requesting local banks to engage external auditors for carrying out a special audit on the banks’ derivatives deals activity, and to submit the external auditors’ report along with the audited annual financial statements.
Y) Circular No. (2/BS/236/2008) stressing the requirement to reduce interest rates on loans, in line with the Central Bank of Kuwait’s resolution to reduce the discount rate with effect of 8/10/2008. Z) Circular No. (2/BS/238/2009) to all conventional banks concerning variance in banks policies with regard to application of interest rates on loans. AA) Circular No. (2/BS, IBS/239/2009) stressing that banks may not extend finance to institutions and companies for the purpose of using it in financing activities that are not authorized under their memorandum or articles of associations. BB) Circular No. (2/BS,IBS/252/2009) requesting banks to assign their external auditors to carry out a special audit on the bank's activities in the area of dealing in derivatives, and to submit the external auditors report along with the audited annual financial data as at 31 December 2009, compared to the auditors comments included in their report as at the end of December 2008. CC) Circular No. (2/BS,IBS/272/2011) incorporating amendments to the instructions relating to the balances of the net credit (finance) portfolio that should not exceed 85% of the balances of private, government and financial institutions deposits. DD) Circular No. (2/BS,IBS/281/2012) to all Kuwaiti banks regarding submission of their external auditors’ report on auditing the banks’ activities in dealing on financial derivatives for their own account and for their customers’ accounts, on a semiannual basis, along with assurance of the nature of activity practiced by banks in this respect. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. GG) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. HH) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/333/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas.
II) Circular No. (2/BS, IBS/365/2016) to all local banks (except Industrial Bank of Kuwait) concerning the maximum limit for extending finance. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and mediumsized enterprises negatively impacted by COVID-19
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. A) Instructions concerning post-dated cheques. 1 THE GOVERNOR Rajab 15, 1402 H May 8,1982 The Chairman, Instructions Concerning Post-dated Cheques With reference to our letter dated on 21/4/1982, which was circularized to all local commercial banks requesting them to curb the expansion of banking credit facilities, a large portion of which is extended to finance trading in shares and real-estate, as indicated in our above-mentioned letter. And, since banks extend credit facilities to customers against post-dated cheques, as revealed by the data recently requested by the Central Bank of Kuwait from banks on credit facilities extended against post-dated cheques. The Central Bank of Kuwait requests banks to refrain from extending credit facilities against post-dated cheques, and not to rely in any way on these cheques in extending credit facilities to customers, in light of many considerations, including : First: According to Article (532) of Kuwait’s commercial law, a cheque is only a means of settlement, and shall be payable at sight and any stipulation to the contrary shall be void. If the cheque is presented for payment prior to the date shown there in as the date of its issue, it shall be payable on the day of its presentment. In light of these provisions, bank’s task with regard to cheques in general, shall be limited to payment of cheques drawn on them upon presentment, and to the collection of cheques drawn on other banks. Second: Banks reliance in any form on post-dated cheques for extending credit facilities to customers, would create the impression in local or foreign financial communities that the Kuwaiti banks are discounting cheques or considering them as collateral for the credit facilities they extend. Such an impression raises suspicions about the soundness of banking business in Kuwait. Third: Banks reliance on post-dated cheques in extending credit facilities to customers, is considered as encouraging the expansion of credit facilities extended for non-productive purposes, due to the huge volume of such types of cheques resulting from forward sales of shares and real-estate property. Such an expansion in credit facilities would have adverse impacts on the economic activity, in general, and on the banking system liquidity, in particular.
Circulated to all local banks
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. A) Instructions concerning post-dated cheques. 2 In view of the above reasons, the Central Bank of Kuwait stresses the necessity for banks to refrain from extending credit facilities against post-dated cheques and not to rely in any form on such cheques in their decisions for credit extension. These instructions shall apply to loans extended to your customers, with effect from the date of this letter. With my best Wishes, THE GOVERNOR HAMZA ABBAS HUSSAIN
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. B) Circular confirming the Central Bank of Kuwait instructions of 8/5/1982 concerning post-dated cheques. 3 GOVERNOR Muharram 7, 1410 H August 8, 1989 THE CHAIRMAN, Circular To All Local Banks The Central Bank of Kuwait has noticed that some local banks have lately started, within the process of offering credit facilities, to ask some of their customers to present post-dated cheques as part of the required collateral. Further to our letter of 8/5/1982 requesting banks to refrain from extending banking facilities against post-dated cheques, and not to rely on such cheques in any manner when considering the extension of credit facilities to customers. And Further to the Central Bank of Kuwait instructions concerning the Rationalization and Organization of Banks Credit policy implemented as of 1/1/1980, we would like to draw your attention to the following :
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 4 GOVERNOR Rajab 15, 1414 H December 28, 1993 THE CHAIRMAN, Instructions No. (BSB/105/1993) concerning the Rationalization and Organization of Banks Credit Policy We would like to advise you that the Central Bank of Kuwait Board of Directors, in its meeting on 25/12/1993, ratified the instructions No. (BSB/105/93) for the rationalization and organization of banks credit policy. Enclosed is a copy of these instructions which are to be implemented effective from 2/1/1994. According to Item (10) of the General Rules of these instructions, your bank is required to provide the Central Bank, within a maximum period of two month from this date, with your updated credit policy. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
Circulated to all local banks
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 5 Instructions No. (BSB/105/1993) Concerning The Rationalization and Organization of Banks Credit Policy The establishment of the credit policy is the responsibility of each individual bank, which should take into account the relevant laws and instructions, as well as the established credit rules and practices, in a manner that harmonizes the various elements of the credit extension process and the returns anticipated therefrom, in achievement of the bank’s objectives and future plans. In light of Article (15) of Law No. 32 of the year 1968 concerning currency, the Central Bank of Kuwait and the Organization of Banking Business, regarding the Central Bank’s objective of directing the credit policy in furtherance of social and economic progress and national income growth, and pursuant to Article (71) of the same law stipulating that the Central Bank of Kuwait may issue to the banks such instructions as it deems necessary to implement its credit or monetary policy, or to ensure the sound progress of banking business; the Central Bank of Kuwait Board of Directors has decided to issue the following instructions concerning the rationalization and organization of banks credit policy: First : Banks to continue abiding by the instructions issued to them on 29/12/1979 and the amendments there of, concerning the rationalization and organization of banks credit policy, in particular the following provisions :
Circulated to all local banks 1 The percentage was increased to become 75% effective no later than 30/6/1997 – CBK circular dated 5/12/1996. 2 Circular No. (2/BS/13/1997) issued on 10/4/1997 obligated banks that all personal loans should be in the form of fixed-term loans, except for margin loans extended to finance the purchase of securities.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 6 c. The loan contract or agreement to specify the purpose of the loan to which both of the bank and the borrower shall adhere. 4) Credit facilities granted through the discount of commercial papers shall under these regulations be considered as term-loans, provided that the banks are aware of the economic activities from which the discounted commercial papers originated. Second : The board of directors of each bank must - in keeping with its duties and responsibilities toward depositors and shareholders - ensure that the credit facilities extended to customers achieve the following basic objectives :
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 7
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 8
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 9 4) Upon approval, grant or renewal or increase of the extended credit facilities, the bank must : a. Take into account the data prepared by the Banking Supervision Department of the Central Bank of Kuwait concerning of Centre of Risks data. b. Conduct enquiries on the customers and re-conduct such enquiries on a regular basis during the validity period of the extended facilities. 5) Study the purpose of the facility, so as to ensure that the type, size and currency of the facility are in line with the purpose of its extension, and that this purpose is in harmony with the bank’s general policy.1 6) Ensure that the terms of the extended credit facilities must be commensurate with the purpose for which the facility is granted, so that repayment is requested from the customer on maturity. Existing credit facilities shall not be automatically renewed. 7) Granting, renewing or increasing the credit facilities to the customer shall not rely on personal guarantees as a the main element. Rather, such decisions should be based on an integrated credit review explaining the feasibility of the extended facility, and taking into account the soundness of the customer’s financial position, the availability of repayment sources, provided collaterals and other considerations. 8) Personal loans granted to customers must be treated on the same bases and according to the same regulations as other types of credit. 9) The credit risks which the bank might be exposed to should minimized through the following : a. Distribution of credit risks to a wide customers base, taking into account the Central Bank instructions concerning the maximum credit concentration limits. b. Diversification of the credit facilities portfolio and distribution thereof into various sectors of the economic activity. c. Setting maximum risks limits for external credit, taking into account the nature of risks inherent in each country individually.
1 This item was confirmed by Circular No. (2/BS, IBS/239/2009) issued on 9/3/2009.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. C) Instructions No.(BSB/105/1993) concerning the rationalization and organization of banks credit policy (effective from 2/1/1994 ). 10 10) The bank is required to take the appropriate measures to ensure that various managerial levels are strictly compliant with the established credit policies. The bank should also : a. Periodically review the credit policy and carry out the necessary amendments thereto in light of the bank’s general policy and market conditions and developments, while observing any instructions issued by the Central Bank in this respect. b. Provide the Central Bank with an updated copy of the bank’s credit policy after carrying out the appropriate amendments in line with these instructions, as well as any future amendments to that policy.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. E) Instructions No. (2/BS/13/1997) providing for all personal loans to be in the form of fixed-term loans, except for margin loans extended to finance the purchase of securities. 11 THE GOVERNOR Rajab 24, 1417 H December 5, 1996 The Chairman, Increasing the Ratio of Fixed Term Loans Further to our letter dated 28/12/1993, concerning the instructions No. (BSB/105/93), issued by the Central Bank regarding the rationalization and organization of banks credit policy, And within the achievement of the goals targeted by these instructions, namely, to direct the banking credits Kuwaiti Dinars the benefit of economic growth and to encourage the economic sectors to play an effective role in developing the economy, and to eliminate the expansion in the unproductive economic sector the Central Bank of Kuwait Board of Directors at its meeting held on 1/12/1996 has decided to increase the minimum ratio of term loans and loans extended in the form of discount of commercial papers denominated in Kuwaiti Dinars, to 75% of the total cash Kuwaiti Dinars facilities, instead of the 60% ratio applied according to the instructions issued on 28/12/1993 for the rationalization and organization of local banks credit policy. Banks are required to achieve the said ratio by 30/6/1997 at the latest. Based on the above, your bank is required to take appropriate action to increase the ratio of term loans by 30/6/1997 to 75% of the total Kuwaiti Dinars credit facilities extended by your bank to all its customers. It should be noted that your bank should continue to apply other rules provided for under the instructions dated 28/12/1993, concerning the rationalization and organization of banks credit policy. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
Circulated to all local banks
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. E) Instructions No. (2/BS/13/1997) providing for all personal loans to be in the form of fixed-term loans, except for margin loans extended to finance the purchase of securities. 12 THE GOVERNOR Thu Al-Hijja 3, 1417 H April 10, 1997 The Chairman, Circular to All Local Banks No. ( 2/BS/13/1997 ) With reference to our letter dated 28/12/1993, concerning the Central Bank’s instructions No. (BSB/105/93) concerning the rationalization and organization of banks credit policy, as well as to our letter dated 5/12/1996 with regard to raising the minimum ratio of term loans ratio by 30/6/1997 to 75% of the total Kuwaiti Dinars credit facilities extended by your bank to all its customers. The Central Bank of Kuwait Board of Directors at its meeting of 9/4/1997 decided that all personal loans extended by your bank shall be in the form of term loans, except for those granted under the margin trading account for the purpose of buying securities, which shall be recorded under loans to purchase securities. Accordingly, all loans listed under the items of “residential loans” and “other loans” shall be treated as term loans. Therefore, your bank is required to immediately comply with these instructions in connection with any new or renewed personal credit facilities, and to apply them, within a period not exceeding one year from the date of this letter, to the existing overdraft portion included within the personal loans balances. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. F) Instructions No. (2/BS/21/1997) obligating banks to define the purpose of extending credit facilities in their borrowing agreements with customers; and to ensure that credits are used for the purposes they were extended for. 13 THE GOVERNOR Muharram 8, 1417 H May 15, 1997 The Chairman, Circular to All Local Banks No. (2/BS/21/1997) With reference to our letter dated 28/12/1993, concerning the instructions No. (BSB/105/93) issued by the Central Bank in connection with rationalization and organization of the banks credit policy, and to our two letters dated 5/12/1996 and 10/4/1997, regarding term-loans and consumer loans. We have noted that local banks do not comply with the requirement of specifying the purpose of the credit facilities upon their extension to customers. This renders banks unable to follow-up the utilization of credit facilities by customers for the purposes they were granted for, in line with the instructions issued in respect of the rationalization and organization of banks credit policy. Therefore, your bank is required to take appropriate action to verify that the purpose of the facilities is duly specified in the relevant agreements concluded with the customers, and to ensure that such credit facilities are utilized for the purpose they have been extended for, pursuant to paragraph (C) of Item (3) of First from the instructions No. (BSB/105/93) concerning the rationalization and organization of banks credit policy. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. G) Instructions No. (2/BS/27/1997) concerning credit facilities extended by banks to finance trading in securities, and for other purposes. 14 THE GOVERNOR Muharram 20, 1418 H May 27, 1997 The Chairman, Circular to All Local Banks No. ( 2/BS/27/1997 ) Please note that the Central Bank of Kuwait Board of Directors have approved, at their periodic meeting held on 26/5/1997, the instructions concerning the credit facilities extended by banks for financing trading in securities and for other purposes. Enclosed please find a copy of these instructions which your bank is required to adhere to effective as of their date of issuance. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. G) Instructions No. (2/BS/27/1997) concerning credit facilities extended by banks to finance trading in securities, and for other purposes. 15 INSTRUCTIONS NO. (2/BS/27/97) CONCERNING CREDIT FACILITIES EXTENDED BY BANKS FOR FINANCING TRADING IN SECURITIES AND FOR OTHER PURPOSES First : Regulations relating to the credit facilities extend for the purpose of purchasing securities :
(1) Banks were allowed to resume extension of margin lending in accordance with the rules approved by the Central Bank of Kuwait Board of Directors – circular no. (2/BS/69/1999) dated 8/2/1999.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. G) Instructions No. (2/BS/27/1997) concerning credit facilities extended by banks to finance trading in securities, and for other purposes. 16 4) Banks shall diversify the collaterals obtained against the extension of credit facilities for the purchase of shares, and not rely only upon the pledge of shares are purchased with the extended financial facility. Such collaterals should be constantly revaluated in order to ascertain their sufficiency for offsetting the risks of default. 5) Upon granting credit facilities for the purpose of financing the transactions relating to the privatization program, Banks shall adhere to the bases and rules mentioned under the instructions relating to the rationalization and organization of local banks credit policy, in particular those instructions requiring banks to conduct a complete and integral credit review, as well as to specify the purpose of the facilities, determine the size of the required credit precisely, the maturity of the facilities and sources of repayment, in the light of the customer’s credit review. Banks should not allow surpassing the authorized limit. In case of shares purchased through auction, the feasibility of the granted credit facilities must be checked, in the light of the study presented by the customer on the economic feasibility of purchasing a large stake in a certain company. Second : Credit facilities extended for purposes other than financing share purchase:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. G) Instructions No. (2/BS/27/1997) concerning credit facilities extended by banks to finance trading in securities, and for other purposes. 17 granted and utilized, so that the statements submitted to the Central Bank of Kuwait reflect the correct classification of credit facilities granted to customers. Third : These instructions shall be implemented effective as of the date of their issuance. Issued on 26/5/1997.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. H) Circular No. (2/BS/63/1998) instructing banks to stop extending credit facilities for financing the purchase of securities by utilizing customer’s funds within the bank’s portfolios management. 18 THE DEPUTY GOVERNOR Jumada Alakhira 17,1419 H October 8, 1998 The Chairman, Circular to All Local Banks No. (2/BS/63/1998) Reference is made to the instructions No. (2/BS/27/1997) dated 27/5/1997, requiring banks to discontinue extending any new credit facilities for the purpose of financing the purchase of securities. Please note that it has been noticed that some units subject to the Central Bank of Kuwait supervision, grant credit facilities for the purpose of financing the purchase of securities, utilizing their customers’ funds within the framework of portfolio management. In light of the above, we would like to clarify that the above mentioned instructions to discontinue extending credit facilities for financing the purchase of securities also apply to the facilities granted for that purpose by units subject to the central bank supervision, through utilizing customers funds within the portfolio management by such units. With my best Wishes, The Deputy Governor Dr. Nabeel Ahmed Al-Manna’e
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. I) Circular No. (2/BS/69/1999) concerning credit facilities extended by banks for financing trading in shares in the Kuwait Stock Exchange ( allowing commercial banks to resume the extension of margin trading facilities, and setting the rules to be complied with in this regard ). 19 THE GOVERNOR Shawwal 22, 1419 H February 08, 1999 The Chairman, Circular to all Commercial Banks No. (2/BS/69/1999) I would like to advise you that the Central Bank of Kuwait Board of Directors has decided, at its meeting held on 7/2/1999, to allow the commercial banks to resume granting margin facilities beside other loans and credit facilities extended to customers to finance trading in shares in the Kuwait Stock Exchange, within the limits fixed for banks in this regard according to the instructions issued on 26/5/1997 (10% of total credit facilities portfolio extended to the resident customers, or 25% of the bank’s capital in its comprehensive concept, whichever is lower). Enclosed please find a copy of the instructions No. (2/BS/69/1999) which were approved by the Central Bank of Kuwait Board of Directors in relation to the credit facilities granted by banks to finance trading in shares in the Kuwait Stock Exchange, which must be complied with from this date. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. I) Circular No. (2/BS/69/1999) concerning credit facilities extended by banks for financing trading in shares in the Kuwait Stock Exchange ( allowing commercial banks to resume the extension of margin trading facilities, and setting the rules to be complied with in this regard ). 20 Instructions No. (2/BS/69/1999) Concerning Credit Facilities Granted By Banks To Finance Share Trading Transactions At The Kuwait Stock Exchange FIRST : Commercial banks are allowed to resume granting margin facilities beside other loans and credit facilities extended to the customers, to finance share-trading transactions at the Kuwait Stock Exchange, within the limits fixed for banks in this regard under the instructions No. (2/BS/27/1997) issued on 26/5/1997 in respect of credit facilities granted by the banks to finance trading in shares at Kuwait Stock Exchange and for other purposes (10% of total credit facilities portfolio extended to the resident customers, or 25% of the bank’s capital in its comprehensive concept, whichever is lower). SECOND: Banks should adhere to the following controls - as a minimum - when granting credits in the form of margin facilities :
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. I) Circular No. (2/BS/69/1999) concerning credit facilities extended by banks for financing trading in shares in the Kuwait Stock Exchange ( allowing commercial banks to resume the extension of margin trading facilities, and setting the rules to be complied with in this regard ). 21 When selecting the shares to be included in the said list, banks must consider the liquidity aspects (average share turnover), profitability of the selected shares and soundness of the financial positions of the companies whose shares are chosen. 6. The bank shall compose and manage the securities portfolio ( from the list of shares prepared by the bank ), on behalf of the customer and for his account, and according to the conditions agreed upon between the two parties. The bank shall keep the documents concerning all transactions within the portfolio, and records – independent from the bank’s records – of relevant information, which the customer shall have the right to inspect The customer shall be provided with periodic statements and reports on the portfolio’s position, performance, evaluation and any other information in this regard. 7. The bank shall follow up the portfolio’s market value on a daily basis, so that it will not fall below 125% of value of the credit granted to the customer. In the event this ratio falls below that limit, the customer shall have to submit funds and/or securities acceptable by the bank in order to achieve the mentioned ratio. If the customer does not comply with this condition, the bank shall terminate the agreement concluded with him and take necessary measures to settle the customer’s obligations resulting from the granted facility, either by liquidating the portfolio or by foreclosing it, while observing the necessary legal regulations and rules in this connection. 8. The Central Bank of Kuwait instructions regarding the rules regulating the management of the third party’s portfolios must be complied with. The bank should also observe professional and technical ethics in the managing of portfolios, and shall not allow the investment in shares of any one company to exceed 25% of the portfolio’s market value. 9. Any bank granting margin facilities must have sufficient professional and technological capabilities which will enable it to manage the securities portfolios. THIRD: These instructions shall come into effect from the date of their notification, and shall supersede any contradicting previous instructions passed in this connection. Issued on 8/2/1999.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. J) Circular instructing banks to provide the Central Bank of Kuwait with detailed Statement on credit facilities extended for financing trading in shares in the Kuwait Stock Exchange. 22 THE MANAGER Thul-Qi’da 12, 1419 H February 28, 1999 The General Manager, Circular To All Local Banks With reference to the Central Bank of Kuwait instructions No. (2/BS/27/1997) issued on 26/5/1997, and instructions No. (2/BS/69/1999) issued on 8/2/1999, concerning the credit facilities granted by the banks to finance share trading transactions in the Kuwait Stock Exchange. Please note that your bank is required to provide us, on a weekly basis, with a detailed statement of the credit facilities granted to finance share trading transactions at the Kuwait Stock Exchange, using the attached form, on a weekly basis(1), effective from the week ended on 11/2/1999. This statement should be submitted at the beginning of the first working day of each week following the week for which the statement is prepared, instead of the daily form which used to be submitted to us previously. Best Regards, Ibrahim Ali Al-Qadhi Manager of Supervision Department (1) Effective 31/10/2001 the frequency of reporting has been amended to become on a monthly basis instead of weekly basis – circular dated 23/10/2001.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. Central Bank of Kuwait Supervision Department Off-Site Supervision Section (Weekly Statement) Statement Of Loans Granted For Financing Trading Of Shares Listed on the Kuwait Stock Exchange As at / / Bank Name: (Amounts in thousand KD) S.N Description Amount Granted Amount Utilized Collaterals Available Number of Customers Kind Market value 1 Fixed term loans 2 Overdraft facilities 3 Margin loans 4 Indirect loans ( Non-cash facilities )* 5 Total ( 1+2+3+4 ) 6 Facilities and loans granted to finance privatization and subscription transactions 7 Grand total ( 5+6 ) 8- Capital in its comprehensive concept ………. Thousand KD (according to the last quarterly report to the central bank – date to be specified) 25% of the capital in its comprehensive concept: ………. Thousand KD 9- Total credit portfolio for resident customers as at:……/……../……. 10% of the total portfolio: ………. Thousand KD 10- Borrowing limits allowed (10% of the facilities granted to residents and 25% of the capital of the bank in its comprehensive concept whichever is lower): ………. Thousand KD
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. K) Circular obligating bank to verify the purpose of credit facilities extended to customers, particularly those facilities extended in foreign currencies, and to follow-up customers in this respect. 24 GOVERNOR Sha’ban 6, 1420 H November 14, 1999 THE CHAIRMAN, Circular To All Local Banks We refer to our letter dated 28/12/1993, regarding the instructions No. (BSB/105/93) issued by the Central Bank of Kuwait on the rationalization and organization of the local banks credit policy, and to our two letters dated 24/3/1996 and 15/5/1997, whereby we confirmed the requirement to adhere to the said instructions particularly in relation to the purpose of credit facilities extended to the customers. We observed that a number of resident customers tend to obtain credit facilities in foreign currencies without any real need for such currencies, except for benefiting from the interest rate differences or utilize this method for speculative purposes. Therefore, we underscore the necessity for the local banks to precisely adhere to the mentioned instructions, together with the drawing an emphasis on reviewing the purpose of the credit facilities upon granting them to the customers, in particular those granted in foreign currencies. Banks are also required to follow up the customers observance of the purpose for which these facilities were extended, where by that review should encompass assesing the customer’s need for the requested foreign currencies to finance his activities, and the real utilization of such currencies within the request for credit. Additionally, banks must verify the availability of sources of repayment in the same currencies. Within the same framework, we confirm the importance of strict compliance with the classification of the credit facilities granted to the customers, based on the purpose mentioned in the credit facilities agreements concluded with such customers. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. L) Instructions regarding the fixing of interest rate on credit facilities in the borrowing agreements concluded with customers. 25 GOVERNOR Ramadhan 14, 1420 H December 22, 1999 THE CHAIRMAN, Circular To All Local Banks* We have observed that the credit facilities contracts concluded between banks and their customers, include a clause reserving the banks right to amend the interest rate by increasing it at any time throughout the validity of such contracts. Considering the importance of maintaining the stability of the legal positions and economic interests of both contractual parties (bank, customer ), thus safe guarding the integrity of bank credit, and since the agreed upon interest rate which is considered as an economic cost for obtaining loans and credit facilities, is among the most important factors that achieve balancing between the two contracting parties of the credit facilities contracts at the time of concluding the contract and throughout its validity, the amendment or change of the contractual interest rate, might cause unfairness to the creditor or debtor and instability of transactions. Therefore, all banks are required to cancel the said clause from the credit facilities contracts concluded with their customers, and replace it by another clause stipulating that a fixed or a variable interest rate shall be applied throughout duration of such agreements, depending on the interest rates prevailing in the market. Customers should be given the option to choose one of the aforesaid methods relating to the application of interest rate, nothing that it is essential to obtain the customer’s approval in this regard, without violating the Central Bank of Kuwait’s Board of Directors resolution concerning the setting of maximum limits for contractual interest rates. And which shall be valid at the time of signing the credit facilities contract. Banks are required to execute these instructions effective this date, upon granting, renewing or rescheduling any loans or credit facilities for customers. As for existing loans and credit facilities agreements, their applicable interest rates may not be increased throughout duration of such agreements, unless they include the option of a variable interest rate, in which case the interest rate shall be modified upward or downward in line with the interest rate prevailing in the market. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. M) Circular requiring banks to provide the Central Bank of Kuwait with detailed data on credit facilities extended for the purposes of financing trading in shares in the Kuwait Stock Exchange, on a monthly instead of weekly basis. 26 THE MANAGER Sha’ban 7, 1422 H October 23,2001 The General Manager, Circular to All Local Banks With reference to our letter dated 28/2/1999, which in turn refers to the Central Bank of Kuwait instructions No. (2/BS/27/1997) of 26/5/1997, and instructions No. (2/BS/69/1999) of 8/2/1999, concerning credit facilities extended by banks for financing trading in securities at the Kuwait Stock Exchange. And whereas the above instructions require banks to provide the Central Bank of Kuwait, on a weekly basis, with detailed date on credit facilities granted for financing trading in Kuwait Stock Exchange listed securities, using the form attached to our above mentioned letter. Your bank is requested to present the above mentioned data, on a monthly instead of a weekly basis, as of 31/10/2001. Best Regards, Ibrahim Ali Al-Qadhi Manager of Supervision Department
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. N) Circular concerning the obligation on banks to very thoroughly study the purpose of credit facilities provided to customers on extending these facilities, particularly the facilities extended in foreign currency, along with following up their use by customers for the purposes they were extended for. 27 GOVERNOR Ramadhan 28, 1423 H December 03, 2002 The Chairman, Circular to All Local Banks With reference to the Item (D/5) of the instructions (BSB/105/93) issued by the Central Bank of Kuwait on 28/12/1993 regarding the rationalization of credit policy of local banks, which provides for the necessity to study the purpose for which a credit facility is requested, so as to ensure that the facility fits in terms of its type, volume and currency, the declared purpose for its extension. In light of the noticed increase in the volume of credit facilities extended to resident customers in foreign currency at most local banks during the elapsed ten months of year 2002, we confirm the obligation on banks to very thoroughly abide by the mentioned instructions, by studying the purpose of credit facilities extended to customers, particularly the facilities extended in foreign currency, along with following up the customers abidance by the purposes for which these facilities were extended. That study shall encompass assessing the need for foreign currencies requested by the customer to finance its activity, and the actual use of that financing, in addition to the necessity for local banks to ensure the availability of sources of repayment in these currencies, as that matter was previously emphasized in our letter dated 14/11/1999. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. O( Circular concerning credit facilities extended to finance the execution of works and projects outside the state of Kuwait. 28 DEPUTY GOVERNOR Rabi Al-Awal 13,1424 H 14 May, 2003 THE CHAIRMAN, Circular to all local banks concerning credit facilities extended to finance the execution of works and projects outside the state of Kuwait In the light of the current regional developments and the consequent potential opportunities for the Kuwaiti banking and financial system to have a role in executing works and projects outside the State of Kuwait through extending the required finance to resident and non-resident customers, the Central Bank of Kuwait would like to stress the following: 1– Given the fact that the contracts of those projects and works to be executed abroad will be in foreign currencies, it is natural for the finance extended for this purpose to be in the same foreign currencies of such contracts. 2– The credit facilities that local banks may extend in Kuwaiti Dinar to nonresidents must be confined to those extended to finance Kuwaiti Dinardenominated contracts awarded by government entities in the State of Kuwait, while observing the terms and controls included in Central Bank’s relevant instructions of 2/5/1995. 3– When extending credit facilities to their resident and non-resident customers for executing works and projects outside Kuwait, local banks will have to comply with the minimum limits established under Central Bank’s instructions No. ( BSB/105/1993 ) concerning the Rationalization and Organization of Banks’ Credit Policy, as well as the circulars issued in this regard. Relevant in this connection are the following: a) It is important to comply with the sound bases for credit extension, particularly in relation to identifying the purpose of the credit, ensuring the consistency of the credit type, size and currency with the actual needs of the customer and with the limits of the financed contract, as well as followingup the actual use of the credit for the purpose it was extended for. In general, an integrated credit study must be conducted on the feasibility of the requested credit, taking into account the soundness of the customer’s financial position, the availability of repayment sources, the collateral submitted, and other considerations.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. O( Circular concerning credit facilities extended to finance the execution of works and projects outside the state of Kuwait. 29 b) Banks should minimize the credit risks they may be exposed to through distributing credit risks on a wide customer base, diversifying the credit facilities portfolio and distributing it across various sectors of the economy, and establishing maximum limits for risks associated with foreign credit, taking into account the nature of country risks. It is an already established requirement that the bank must periodically review its credit policy and introduce appropriate amendments thereto, particularly in regard to applied limits and delegated authorities, all within the strategic direction of the bank and the current developments. It is also noteworthy in this regard that the credit approval decision is the responsibility of the respective bank, who bears any risks that may rise for according credits. The bank must also observe the other regulatory controls issued by the Central Bank such as, but not limited to: capital adequacy ratio and credit concentration limits. With my best Wishes, The Deputy Governor Dr. Nabeel Ahmed Al-Manna’e
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. P) Instructions stipulating that the ratio of the balances of credit facilities portfolio should not exceed 80% of the deposit balances 30 DEPUTY GOVERNOR Jumada Aloula 03, 1425 H July 15, 2004 The Chairman, Reference to our meeting with you regarding the necessary actions to be taken by your bank, ensuring that the ratio of credit facilities portfolio will not exceed 80%(1) of the deposits balances. We advise you that your bank has to commit itself to not exceed(2) (3) the maximum limit for that ratio, while ensuring that you provide us, on a monthly basis with effect from the end of June 2004, with the attached report within three working days from end of each month(4) . With my best Wishes, The Deputy Governor Dr. Nabeel Ahmed Al-Manna’e
(1) The maximum was increased to 85% according to circular No. (2/BS,IBS/224/2008) dated 8/10/2008 and included in this section under Item (R). (2) The method of calculating this ratio was amended according to circular No. (22/BS,IBS/211/2007) dated 8/10/2007 and included in this section under Item (Q). (3) Some amendments have been incorporated to the mentioned ratio as per circular No. (2/BS,IBS/272/2011) dated 10/5/2011 and included in this section under Item (AA). (4) These instructions have been abolished and new instructions were introduced for the maximum limit of finance from the end of the transition period on 10.5.2012 to be applicable from 11.5.2012 as per the circular No. (2/BS/IBS/183/2012) dated 8/5/2012 included in this section under Item (CC).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. P) Instructions stipulating that the ratio of the balances of credit facilities portfolio should not exceed 80% of the deposit balances 31 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off-site Surveillance Section Net Credit Facilities To Deposits ratio * As Of End Of / / Bank : ------------------- Statement K.D. 000's Credit Facilities Portfolio:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Q) Circular No. (2/BS, IBS/211/2007) concerning the amendment of the method of calculating the ratio of credit facilities portfolio balances at 80% of the deposits balances. 32 THE GOVERNOR Ramadhan 26, 1428 H October 08, 2007 THE CHAIRMAN, Circular No. (2/BS, IBS/211/2007) to all Local Banks This refers to the instructions issued to conventional banks dated 15/7/2004 and Islamic Shaira’-compliant banks dated 11/11/2004, stressing that the ratio of the balances of credit facilities/finance portfolio should not exceed 80%(1) (2) of the deposits balances, which statements are forwarded to the Central Bank of Kuwait on a monthly basis, on the form prepared for this purpose. We would like to advise you that your bank should compute the said ratio effective the end of October 2007 on the basis of daily average balances during the month, and not on the basis of balances at the end of the month for which the ratio is prepared. Statements of the said ratio should be forwarded to us, as per the attached form, on a monthly basis, no later than 3 business days from the end of the month for which the statement is prepared. The relevant quarterly statements should be audited by your bank’s external auditors(3) . In case your concerned officers have any queries, they can contact Off-Site Supervision Department on 22972840, and 22972152. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
( 1 ) The maximum was increased to 85% according to circular No. (2/BS,IBS/224/2008) dated 8/10/2008 and included in this section under Item (R). ( 2 ) Some amendments have been incorporated to the mentioned ratio as per circular No. (2/BS,IBS/272/2011) dated 10/5/2011 and included in this section under Item (AA). ( 3 ) These instructions have been abolished and new instructions were introduced for the maximum limit of finance from the end of the transition period on 10.5.2012 to be applicable from 11.5.2012 as per the circular No. (2/BS/IBS/183/2012) dated 8/5/2012 included in this section under Item (CC).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Q) Circular No. (2/BS, IBS/211/2007) concerning the amendment of the method of calculating the ratio of credit facilities portfolio balances at 80% of the deposits balances. 33 (Form used by conventional banks) Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off-Site Surveillance Section Ratio of Net Credit Facilities Portfolio to Deposits For the month of / / Bank: --------------------------- Description K.D. 000's Credit facilities portfolio
Ratio is calculated on the basis of the average daily balances in terms of both the numerator and the denominator.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Q) Circular No. (2/BS, IBS/211/2007) concerning the amendment of the method of calculating the ratio of credit facilities portfolio balances at 80% of the deposits balances. 34 (Form used by Islamic Banks) Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off-Site Surveillance Section Ratio of Net Credit Facilities Portfolio to Deposits For the month of / / Bank: ------------------------------ Description K.D. 000's Finance portfolio a) Investment and Finance Transactions for Customers (Item Q of the Financial Statement Position) b) Investment Placements with Financial Institutions (other than banks) (Item O/2/B and C)
Ratio is calculated on the basis of the average daily balances in terms of both the numerator and the denominator.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. R) Circular No. (2/BS, IBS/224/2008) concerning the increase of the ratio of net credit facilities portfolio to deposits from 80% to 85%. 35 GOVERNER Shawwal 9, 1429 H October 8, 2008 THE CHAIRMAN, Circular No. (2/BS,IBS/224/2008) to all local banks This has reference to the instructions to conventional banks dated 15/7/2004, and to Islamic Shari’a-compliant banks dated 11/11/2004, as amended on 8/10/2007, ruling that the average daily balances of credit facilities/finance portfolio should not exceed 80%(1) of the average daily balances of deposits during the month for which the ratio is prepared. I would like to advise you that the Board of Directors of the Central Bank of Kuwait resolved, at is meeting held on 8/10/2008, to increase the maximum limit prescribed for the above ratio to 85%(2) (3) . Your bank should, with effect from the October 2008 statements, observe the above while preparing the monthly statements submitted to the Central Bank of Kuwait on the above ratio(4) . With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
(1) According to the circular dated 19/10/2008, included under Item “S” of this section regarding banks’ financial deals with investment companies, banks should consider the fact that the lending area for banks has been expanded as a result of raising the maximum limit of loans to deposits ratio from 80% to 85%. (2) According to the circular dated 17/11/2008, included under Item “V” of this section, the Central Bank of Kuwait Board of Directors resolution provided, within implementing the program for rectifying the conditions of local investment companies, that the finance granted to investment companies will be excluded from the numerator of this ratio, while the deposits of government and semi-government institutions will be excluded from the denominator of this ratio. (3) Some amendments have been incorporated to the mentioned ratio as per circular No. (2/BS,IBS/272/2011) dated 10/5/2011 and included in this section under Item (AA). (4) These instructions have been abolished and new instructions were introduced for the maximum limit of finance from the end of the transition period on 10.5.2012 to be applicable from 11.5.2012 as per the circular No. (2/BS/IBS/183/2012) dated 8/5/2012 included in this section under Item (CC).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. S) Circular No. (2/BS, IBS/227/2008) concerning banks’ financial transactions with investment companies. 36 GOVERNER Shawwal 20, 1429 H October 19, 2008 THE CHAIRMAN, Circular No. (2/BS,IBS/227/2008) Circular to all local banks This is made in reference to the meeting held at to the Central Bank of Kuwait premises on 15/10/2008 with Chairmen of banks, during which the banks’ financial dealings with investment companies were discussed. We would like to emphasize certain practical aspects of banks’ operations, which were discussed during the meeting, and give directives in this regard, as follows:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. S) Circular No. (2/BS, IBS/227/2008) concerning banks’ financial transactions with investment companies. 37 3. Banks should observe that the set of resolutions issued by to the Central Bank of Kuwait on 8/10/2008 are reflected on the dealings of these banks with customers. These include that banks should proceed on reducing the interest rate on loans to customers, including investment companies, in light of reducing the discount rate by 1.25%. Furthermore, banks should also consider expanding the area of lending for banks as a result of increasing the maximum loan/deposit ratio from 80% to 85%, as well as increasing the growth rate in bank credit, in addition to allowing banks to include real estate properties among the credit risk mitigation tools. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. T) Circular on the general rules to be followed when banks extend the finance required for rectifying the conditions of local investment companies, under the local investment companies support program. 38 GOVERNER Thul-Qi’da 8, 1429 H November 6, 2008 THE CHAIRMAN, Circular to all Kuwaiti banks(1) In line with the coordination made with Kuwaiti banks through Kuwait Banking Association (KBA) with regard to the local investment companies’ support program, and the conclusion reached in this respect that Kuwaiti banks should provide these companies with finance, attached herewith are the general principles to be observed when local banks grant the finance required to rectify the conditions of the local investment companies. (2) Your bank should advise the Central Bank of Kuwait of any conclusions reached with regard to rectifying the position of each investment company in this respect, through providing us with the timeframe for granting finance to each investment company. Your bank should also provide us with weekly statements on these transactions, as per the two forms attached hereto. Central Bank of Kuwait hereby stresses that it is essential to treat these principles with due confidentiality, and to limit their circulation to your bank’s concerned staff. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah (1) Some exemptions from the regulatory ratios prescribed for Kuwaiti banks participating in the implementation of the Investment Companies Remedial Program have been approved as per the circular dated 17/11/2008, as included in this section under Item (V). (2) Finance extended to investment companies under the Investment Companies Remedial Program and deposits of the government and semi-government authorities and entities under the same program have been excluded from the maximum limit for finance as per the circular No. (2/BS, IBS/283/2012) dated 8/5/2012, as included in this section under Item (CC).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. T) Circular on the general rules to be followed when banks extend the finance required for rectifying the conditions of local investment companies, under the local investment companies support program. 39 General Principles for Granting by Kuwaiti Banks the Finance Required for Rectifying of the Conditions Of Local Investment Companies
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. T) Circular on the general rules to be followed when banks extend the finance required for rectifying the conditions of local investment companies, under the local investment companies support program. 40 Finance granted by Kuwaiti banks within the framework of the program for rectifying the conditions of investment companies As at / / Name of Bank: K.D. 000's No. Name of Company Finance Date of Granting Maturity Date KD FC General Manager
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. T) Circular on the general rules to be followed when banks extend the finance required for rectifying the conditions of local investment companies, under the local investment companies support program. 41 Deposits of Government and Semi-Government Institutions Under the Program of Rectifying Investment Companies’ Conditions As at / / Name of Bank: K.D. 000's No. Name of Depositing Party Amounts of Deposits Date of Depositing Maturity Date KD FC General Manager
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. U) Circular No. (2/BS/230/2008) to all conventional banks concerning the emphasis of the requirement of reducing interest rates on loans in line with the reduction of the discount rate. 42 THE GOVERNER Thul-Qi’da 11, 1429 H November 09, 2008 The Chairman, Circular No. (2/BS/230/2008) to all Local Conventional Banks This has reference to the meeting held on 15/10/2008 at the Central Bank of Kuwait Headquarters with banks’ Chairmen, and to the circular dated 19/10/2008, emphasizing certain aspects on which directives were given during the meeting, including a directive to banks to observe the Central Bank of Kuwait decision on reducing discount rate in banks’ dealings with customers, through reduction by banks of interest rate on loans to customers, including investment companies. We would like to advise you that the Central Bank of Kuwait has noticed that certain banks have lately started to increase the interest rates on loans granted to some of their customers, or failed to reduce interest rates on customer loans, considering that the interest rates applied to those loans and facilities are still within the maximum limits of interest rate, as determined by the resolutions on interest rate structure issued in this concern. The Central Bank of Kuwait would also like to stress that banks should take into consideration the nature of the current stage, and the actions taken by the Central Bank of Kuwait and other government bodies to confront the implications of the global financial crisis for the country’s financial and economic condition. These include the Central Bank of Kuwait resolutions on reducing the discount rates, whereby banks should make parallel reductions in loan interest rates. In light of the above, the Central Bank of Kuwait hopes that banks will take into consideration the Central Bank of Kuwait course of action and objectives aimed at through reducing the discount rates, and will reduce interest rates on loans and facilities, bearing in mind the fact that the interest rate ceiling for loans represents the maximum limits that can be applied in the light of the degree of customers’ credit risk. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. V) Circular concerning the resolution to grant exemptions on some regulatory ratios within the framework of extending the finance required to rectify the conditions of the local investment companies. 43 THE GOVERNER Thul-Qi’da 19, 1429 H November 17, 2008 The Chairman, Circular to all Kuwaiti banks This is made in reference to the circular dated 6/11/2008 regarding the Local Investment Companies Remedial Program, through granting finance by Kuwaiti banks to the local investment companies with good net worth, but facing liquidity problems, and whereby such finance has to be granted in accordance with the general principles attached to the above-mentioned circular. We would like to advise you that the Board of Directors of the Central Bank of Kuwait, at its meeting held on 16/11/2008, approved the report on the following exemptions from the regulatory ratios prescribed for Kuwaiti banks participating in the implementation of the Investment Companies Remedial Program, until the program is finalized:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. V) Circular concerning the resolution to grant exemptions on some regulatory ratios within the framework of extending the finance required to rectify the conditions of the local investment companies. 44 In this context, banks should observe the general principles with regard to Kuwaiti banks’ participation in providing companies with finance. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. W) Circular No. (2/BS, IBS/233/2008) directing banks to enhance the collaterals submitted by customers against credit facilities/finance transactions. 45 THEGOVERNER Thul-Hijja 03, 1429 H December 01, 2008 THE CHAIRMAN, Circular No. (2/BS/233/2008) to all local Banks This has reference to the meeting held at the Central Bank of Kuwait premises on 18/11/2008 with the Chairmen of banks, during which banks were directed to enhance the collaterals submitted by customers against the credit facilities/financing transactions. The Central Bank of Kuwait would like to reiterate its directives given during the above meeting in that banks should, quietly and rapidly, communicate with those customers, urging them to submit the collaterals or enhance the existing collaterals, irrespective of the soundness of the financial positions of those customers, or the regularity of their credit facilities. This is based on the fact that these collaterals are necessary for improving the quality of the loans portfolio and financing transactions. It should also be made clear to the customers that requesting these collaterals does not mean a stricter lending policy in banks, but comes within the framework of the sound business flow in the banking system, leading to stronger banking relations between banks and their customers. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. X) Circular No. (2/BS, IBS /235/2008) requesting local banks to engage external auditors for carrying out a special audit on the banks’ derivatives deals activity, and to submit the external auditors’ report along with the audited annual financial statements. 46 GOVERNER Thu Al-Hijja 17, 1429 H December 15, 2008 THE CHAIRMAN, Circular No. (2/BS, IBS/235/2008) To all Local Banks Within the framework of auditing the banks’ financial statements, your bank should assign your external auditors to conduct a special audit on the bank’s business in the area of financial derivatives for its own account and for customers’ account. The audit should cover the assessment of internal controls of this activity, in terms of sufficiency and effectiveness of these controls, limits of risk that the bank may be exposed to, and the results of the existing status of these transactions, as of end of December 2008. Your bank should provide us with the external auditors’ report on the above activity attached to your audited annual financial statements. Any delay in submitting the above report will cause delay of approving your bank’s annual financial statements. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Y) Circular No. (2/BS/236/2008) stressing the requirement to reduce interest rates on loans, in line with the Central Bank of Kuwait’s resolution to reduce the discount rate with effect of 8/10/2008. 47 GOVERNER Thu Al-Hijja 17, 1429 H December 15, 2008 THE CHAIRMAN, Circular No. (2/BS/236/2008) To All Conventional Banks This has reference to the meeting held at the Central Bank of Kuwait premises on 15/10/2008 with the Chairmen of banks, and to the circular to all local banks dated 19/10/2008, reiterating the Central Bank of Kuwait directives made during the meeting, that the set of resolutions adopted by the Central Bank of Kuwait on 8/10/2008 should be reflected on bank’s dealings with customers, including reduction by banks of loan interest rate in light of reducing the discount rate by 1.25%. This is also made further to the Central Bank of Kuwait circular to conventional banks dated 9/11/2008, reiterating the requirement of reducing interest rate on loans, as the Central Bank of Kuwait noticed that certain banks failed to respond to the discount rate reduction resolution. Therefore, we would like to advise you that the Central Bank of Kuwait still receives customers’ complaints, revealing that certain banks failed to make the required interest rate reduction on loans, in compliance with the Central Bank of Kuwait resolution to reduce the discount rate. It is obvious that the reduction of interest rate on loans is offset by a reduction in the cost of funds for these banks, through a corresponding reduction in interest rates on customer deposits. Therefore, the Central Bank of Kuwait would like to re-iterate that banks should make the required reduction in loan interest rates, in compliance with the Central Bank of Kuwait resolution on reducing the discount rate with effect from 8/10/2008. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Z) Circular No. (2/BS/238/2009) to all conventional banks concerning variance in banks policies with regard to application of interest rates on loans. 48 GOVERNER Safar 10, 1430 H February 5, 2009 THE CHAIRMAN, Circular No. (2/BS/238/2009) To All Conventional Banks Within the framework of the Central Bank of Kuwait’s follow-up of the impact of changes in the discount rate announced by the Central Bank of Kuwait, it was noticed that banks, throughout the periods of upward trend in discount rate, were applying floating interest rates on loans granted to customers, allowing banks to increase interest rate on those loans, concurrently with any subsequent increases in the discount rate. Contrary to the above, it was also noticed that banks, during the periods of downward trend in the discount rate, were applying fixed interest rates on the loans granted to customers, preventing those customers from benefiting from any subsequent reduction of the discount rate over the validity period of the agreements relating to those loans. As such variance in the banks’ policies with regard to the applications of loan interest rates has negative implications on the bank’s relations with their customers, including customers’ complaints against banks, therefore, with the exception of consumer and installment (housing) loans, for which the Central Bank of Kuwait’s instructions dated 24/3/2008 specified the mechanism of interest rate determination, banks should:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. Z) Circular No. (2/BS/238/2009) to all conventional banks concerning variance in banks policies with regard to application of interest rates on loans. 49 Safar 10, 1430 H February 5, 2009 Declaration I, the undersigned, hereby declare that I have reviewed the loan/facilities agreements made with your bank, and have read all their terms and conditions. I hereby agree to be granted these facilities at a fixed/floating interest rate, as stated in the agreements. I also declare that your bank had explained to me, in due diligence, the effects arising from the application of a fixed/floating interest rate, as follows: 1- In the event of fixed interest rate, I will not benefit from any subsequent reduction in the interest rate, during the validity of the above-mentioned agreement(s). The bank also shall not increase the interest rate in case of any subsequent increase of the interest rates. 2- In the event of floating interest rate, your bank may increase the interest rate on the above-mentioned loans/facilities during the validity of the agreement in case of any subsequent increase in the interest rates. Interest rate on those loans/facilities will also be reduced in the event of any subsequent reduction in the interest rate. And this declaration by me,,, Name & Signature Civil ID
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. AA) Circular No. (2/BS, IBS/239/2009) stressing that banks may not extend finance to institutions and companies for the purpose of using it in financing activities that are not authorized under their memorandum or articles of associations. 50 GOVERNER Rabi’ul Awwal 12, 1429 H March 9, 2009 THE CHAIRMAN, Circular No. (2/BS, IBS/239/2009) to all local banks Within the framework of the regulatory procedures exercised by the Central Bank of Kuwait through on-site and off-site supervision, the Central Bank of Kuwait noticed that certain local banks grant their corporate customers credit and finance facilities to be used for purposes unauthorized under their memoranda and articles of association. Some of those customers are granted credit facilities in currencies that do not match the nature of the customer’s business and cash flows, to be used for fulfilling such obligations. In addition, some banks grant loans to those customers, but are not used by them for the purpose of granting the loans. Such credit and finance decisions made by banks, and their procedures in this respect, are in violation of the Central Bank of Kuwait’s instructions regarding rationalization of credit and finance policy of those banks. Therefore, the Central Bank of Kuwait hereby stresses that banks must not grant any loans or finance to their corporate customers to be used for purposes unauthorized under their memoranda and articles of association. Also, The currency of granted facilities should match the nature of the financed business, and its cash flows which will be used for repaying those facilities. Banks should also specify this purpose in the facilities agreements made with customers in this respect. They should also ensure that the loans and finance to their customers are used for the purpose they were granted for. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. BB) Circular No. (2/BS,IBS/252/2009) requesting banks to assign their external auditors to carry out a special audit on the bank's activities in the area of dealing in derivatives, and to submit the external auditors report along with the audited annual financial data as at 31 December 2009, compared to the auditors comments included in their report as at the end of December 2008. 51 GOVERNER Thul-Qi’da 27, 1430 H November 15, 2009 THE CHAIRMAN, Circular No. (2/BS, IBS/252/2009) To All Local Banks In line with the audit of the banks’ annual financial statements, your bank should assign its external auditors to conduct an audit on the bank’s derivatives activities for its own and customers’ account. The audit should cover assessment of the internal controls over this activity in terms of adequacy and effectiveness of those controls, limits of risks that the bank may be exposed to, and results of the current position of such transactions as at the end of December 2009, in addition to the aspects of development in the adequacy and effectiveness of the internal controls to carry out the activity, compared to the observations in this respect, as contained in the bank’s external auditors’ report for end of December 2008. Your bank should also provide us with the external auditors’ report on the above activity, accompanied by the audited annual financial statements1 , noting that any delay in submission of the above report shall result in delayed approval of your bank’s annual financial statements. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
1 Contents of the report to be submitted are cleared up as per the circular No. (2/BD, IBS/281/2012) dated 22/2/2012, as included in this section under Item (BB).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. CC) Circular No. (2/BS,IBS/272/2011) incorporating amendments to the instructions relating to the balances of the net credit (finance) portfolio that should not exceed 85% of the balances of private, government and financial institutions deposits. 52 THE GOVERNER Jumada Alakhira 07, 1432 H May 10, 2011 The Chairman, Circular No. (2/BS, IBS/272/2011) to All Local Banks Within the procedures taken by the Central Bank of Kuwait to broaden the lending capacity for local banks along with improving the matches between the maturity of credit facilities portfolio (finance operations) and deposits at banks and in light of the meeting held on 28/3/2011 with some representatives of the local banks in which proposed amendments were discussed for introducing them to the instructions for the ratio of credit facilities to deposits; We advise you that CBK board of directors decided in its meeting held on 9/5/2011 to introduce some amendments to the ratio mentioned above. These amendments are as follows:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. CC) Circular No. (2/BS,IBS/272/2011) incorporating amendments to the instructions relating to the balances of the net credit (finance) portfolio that should not exceed 85% of the balances of private, government and financial institutions deposits. 53 Deposits and financial instruments balances permitted for lending Maximum lending limit Up to 3 months to maturity 75% Above 3 moths but up to one year to maturity 90% Above one year to maturity 100% The bank shall comply with the maximum lending amount on daily and continuous basis. 3. Based on the abovementioned amendments, the lending span available for from the various financing resources at banks shall be in the form fixed amount representing a lending ceiling for each bank rather than a maximum percentage of the total financing resources 85% where the fixed amount represents the total lending percentage of each financing resources. 4. As discussed with banks representatives in the said meeting, CBK would like to emphasize that the increase in financing resources on which the maximum lending amount is to be computed shall represent real transactions with the aim of enhancing the stability factor of these resources for the aim of expanding the lending capacity. CBK shall verify the extent of the existence of these transactions. These amended instructions shall be initially applied during a transitional period of one year starting from 10/5/2011 in parallel with the existing instructions (Parallel Run). Your bank shall provide CBK during the transitional period with the monthly statements for the ratio of the credit facilities portfolio (finance) to the deposits as per both the outstanding instructions and the amended instructions (attached two forms of the amended instructions). The instructions in final form shall be issued after the end of the transitional period referred to and after perusal of the outcome of the trial application. With my best Wishes, The Governor Salem Abdul-Aziz Al-Sabah
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. DD) Circular No. (2/BS,IBS/281/2012) to all Kuwaiti banks regarding submission of their external auditors’ report on auditing the banks’ activities in dealing on financial derivatives for their own account and for their customers’ accounts, on a semiannual basis, along with assurance of the nature of activity practiced by banks in this respect. 54 DEPUTY GOVERNER Rabie Al-Awwal 30, 1433 H February 22, 2012 THE CHAIRMAN, Circular No. (2/BS, IBS/281/2012) To All Kuwaiti Banks We refer to external auditor’s report on auditing the bank dealings on financial derivatives for the bank account and for the accounts of its customers annually submitted by the bank accompanied by the closing financial statements. We would like to inform you that within CBK procedures to enhance supervision on the activity of financial derivatives and to ensure that banks abstain from any speculation activities, it is necessary that:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. DD) Circular No. (2/BS,IBS/281/2012) to all Kuwaiti banks regarding submission of their external auditors’ report on auditing the banks’ activities in dealing on financial derivatives for their own account and for their customers’ accounts, on a semiannual basis, along with assurance of the nature of activity practiced by banks in this respect. 55 3. Banks dealing in financial derivatives shall consider the content confirmed in their letters sent to CBK in September 2011 in respect of not carrying out any speculation activity in financial derivatives whether for their accounts or for the accounts of their customers and limit their dealing in ordinary instruments with the aim of hedging and within risk management framework along with having external audit on these instruments and making disclosures thereof; 4. Banks not dealing in financial derivatives shall continue providing CBK with evidence of not undertaking any financial derivatives transactions or otherwise implement these instructions in case they deal in these instruments. With my best Wishes, The Deputy Governor Dr. Mohammad Y. Al-Hashel
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 56 THE GOVERNER Jumada Alakhira 17, 1433 H May 08, 2012 The Chairman, Circular No. (2/BS, IBS/283/2012) To All Local Banks (Except Industrial Bank Of Kuwait) Concerning The Maximum Limit Of Extending Finance Reference is made to CBK circular dated 10/5/2011 for amendments to the instructions that the net credit facilities portfolio (finance transactions) shall not exceed 85% of the deposits of private, government and financial institutions initially applied during a transitional period of a year from 10/5/2011 in parallel run with the current instructions in an introductory step for being issued in final form after the elapse of the said transitional period. We advise you that due to the positive approach demonstrated by the data provided by banks concerning the application of the amended instructions during the transitional period by making available a broader financing capacity along with enhancing the matches between the maturity of assets and liabilities, CBK board of directors in the meeting dated 7/5/2012(1) decided the following:
(1) Amendments had been made to instructions pertaining to maximum financing to be extended virtue of Circular No. (2/BS, IBS/365/2016), dated 15/03/2016 and listed as item (GG) of this chapter (2) The maximum limit for financing to be extended was increased to 90% of total financing resources, without implementation of ratios proportioned to maturity, where banks’ deposits from financing resources are also excluded, as per Circular No. (2/BS, IBS/365/2016), dated 15/03/2016 and listed as item (GG) of this chapter
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 57 CBK emphasizes that the increase in financing resources on which the maximum lending amount is to be computed shall represent real transactions aiming at enhancing the stability of these resources and will not be fake transactions among banks aiming at increasing financial resources to expand finance. CBK shall closely monitor these transactions by onsite and offsite tools. With my best Wishes, The Governor Dr. Mohammad Y. Al-Hashel
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 58 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for traditional banks) Table (1) Maximum limit of financing on daily basis during the Month ………………. Bank: ………………………. Amount in ,000 Statement Balance on 1/00/20012 Balance on 2/00/20012 Balance on 3/00/20012 Balance on ……........ Balance on ……........ Balance on ……........ Balance at the end of the month First:: Private deposits:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 59 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for Islamic banks) Table (2) Maximum limit of financing on daily basis during the Month ………………. Bank: ………………………. Amount in ,000 Statement Balance on 1/00/20012 Balance on 2/00/20012 Balance on 3/00/20012 Balance on ……........ Balance on ……........ Balance on ……........ Balance at the end of the month First:: Private deposits:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 60 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for traditional banks) Table (2) Available Fund Resources as on ………………………. Bank: ………………………. Amount in ,000 Statement Outstanding balance At the end of the month Average cost of outstanding balance (%) First:: Private deposits:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 61 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for Islamic banks) Table (2) Available Fund Resources as on ………………………. Bank: ………………………. Amount in ,000 Statement Outstanding balance At the end of the month Average cost of outstanding balance (%) First:: Private deposits:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 62 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for traditional banks) Table (3) Maximum limit of financing For the Month of ………………. Bank: ………………………. Amounts in ‘000 Date Maximum Finance limit (1) Net Finance Facility Portfolio (Net of specific and general provisions) (2) Surplus (or excess) (3) = (1) – (2) 1/00/2012 0 2/00/2012 0 3/00/2012 0 4/00/2012 0 5/00/2012 0 6/00/2012 0 7/00/2012 0 8/00/2012 0 9/00/2012 0 10/00/2012 0 11/00/2012 0 12/00/2012 0 13/00/2012 0 14/00/2012 0 15/00/2012 0 16/00/2012 0 17/00/2012 0 18/00/2012 0 19/00/2012 0 20/00/2012 0 21/00/2012 0 22/00/2012 0 23/00/2012 0 24/00/2012 0 25/00/2012 0 26/00/2012 0 27/00/2012 0 28/00/2012 0 29/00/2012 0 30/00/2012 0 31/00/2012 0
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. EE) Circular No. (2/BS, IBS/283/2012) To all local banks (Except Industrial Bank of Kuwait) concerning the maximum limit of extending finance. 63 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off- Site Supervision Section (Form used for Islamic banks) Table (3) Maximum limit of financing For the Month of ………………. Bank: ………………………. Amounts in ‘000 Date Maximum Finance limit (1) Net Finance Facility Portfolio (Net of specific and general provisions) (2) Surplus (or excess) (3) = (1) – (2) 1/00/2012 0 2/00/2012 0 3/00/2012 0 4/00/2012 0 5/00/2012 0 6/00/2012 0 7/00/2012 0 8/00/2012 0 9/00/2012 0 10/00/2012 0 11/00/2012 0 12/00/2012 0 13/00/2012 0 14/00/2012 0 15/00/2012 0 16/00/2012 0 17/00/2012 0 18/00/2012 0 19/00/2012 0 20/00/2012 0 21/00/2012 0 22/00/2012 0 23/00/2012 0 24/00/2012 0 25/00/2012 0 26/00/2012 0 27/00/2012 0 28/00/2012 0 29/00/2012 0 30/00/2012 0 31/00/2012 0
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 64 GOVERNER Muharram 8, 1435 H November 12, 2013 THE CHAIRMAN, Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas We would like to inform you that the CBK Board of Directors has approved, in its meeting held on 12/11/2013, controls and regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. (1) Kindly find attached a copy of these regulations that your bank/company shall abide from the date hereof in case you wish to practice such type of Finance, provided that the bank/company provides CBK with the approved integrated financing policy approved by the board of directors of the bank/company, in line with the attached regulations prior to practicing this activity. With my best Wishes, The Governor Dr. Mohammad Y. Al-Hashel
(1) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) was issued on 20/1/2014 concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas, as included in this section under Item (GG).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 65 Instructions concerning Regulations of Finance granted to Individual Customers for Purchase and/ or Development of Properties located in the Private and Prototype Housing Areas Introduction In line with the regulatory & supervisory roles of the Central Bank of Kuwait “CBK” on the banking sector pursuant to Law No. 32 of 1968 concerning Currency, Central Bank of Kuwait and Regulation of the Banking Business and amendments thereto, in particular the instructions related to the rationalization of credit policies at banks, investment companies and financing companies and securing the sound conduct of banking business; taking into consideration the important role of finance to the local private housing real estate sector and its direct correlation with the people’s interests, from one side, and importance thereof within the finance portfolio of the banking and financial units, from the other side; in order to ensure that the regulatory and supervisory instructions and regulations reflect the most recent developments in the banking and financial business environment; and consistent with the regional & international best practices for the supervisory standards applicable to this type of finance, CBK board of directors has resolved, in its session held on 12.11.2013, to promulgate these regulations/controls for finance granted to individual customers for purchase and/ or development of real estates located in the private and prototype housing areas. These regulations, in addition to those applicable to financings granted as per CBK instructions concerning Consumer & Installment Loans (Financing Transactions) constitute an integrated framework that aims to organize financing of the local private housing sector and, hence, mitigate the finance risks at all banks, investment companies, finance companies and individual customers within the Macroprudential Policy adopted by CBK with the objective to minimize the systematic risks and their potential adverse economic and social impacts. Scope of instructions These instructions shall be applicable to finance extended to natural persons by all local banks, investment companies and finance companies for purchase and/ or development of properties located in the private and prototype or housing areas, and shall not be applicable to financings provided under the instructions of consumer and installment loans (finance transactions).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 66 Financing Controls Upon granting finance, the bank/ company must adhere to the following regulations, as a minimum:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 67 6) Value of the real estate stated in the above item should be based on the purchase price or the real estate evaluation amount whichever is lower, provided that evaluation thereof should be conducted by two independent evaluators not related to any of parties to the transaction. The said evaluators must be competent and registered at evaluators’ register with the Ministry of Commerce & Industry. The lower evaluation shall be considered. As for construction costs, these should be estimated by specialized and approved offices in this field. 7) The principal amount and interests thereon should be repaid in at least quarterly installments over a period that is appropriate to the purpose of finance up to ten years. In case of real estate development, the said period may involve a grace period up to two years from the grant date provided that the debt is served during such period. 8) The following should be considered upon granting this type of finance:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. FF) Circular No. (2/BS, IBS, IS, IIS, FS, IFS/315/2013) to all banks, investment companies and financing companies concerning regulations of finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 68 9) Prior to exercising this activity, an integrated financing policy for this type of finance should be put in place and approved by the Board of Directors. Such policy should address all potential risks and particularly include the necessary controls for measuring and managing these risks and mitigation thereof to the minimum, taking into account provisions stipulations of these instructions. 12.11.2013
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. GG) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 69 THE GOVERNER Rabie Al-Awwal 19, 1435 H January 20, 2014 The Chairman, Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas Reference is made to CBK instructions dated 12/11/2013 concerning the finance controls granted to individual customers for the purpose of purchasing and/ or developing real estate located in the private housing and model Housing areas. Please note the following:
(1) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/333/2014) was issued on 24/4/2014 concerning creation of a new code in the center of risks system under No. 11 in the schedule of finance purposes relating to financing facilities extended to individuals.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Credit Division Attachment (1) Statement of total finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas by purpose as at …../…../….. other than finance addressed for private housing in accordance with CBK instructions regarding consumer and installment loans/finance Name of Bank/Company: Amounts in KD ,000 Purpose No. of customers1 No. of Loans/ Finance Transactions Balance Debt performance Performing Non-Performing Zero interest/ profit with interest/ profit No. of customers1 No. of Loans/ Finances Balance Available provisions No. of customers1 No. of Loans/ Finances Balance Available specific provisions Zero interest/ profit With interest/ profit Zero interest/profit With interest/profit Financing a space land Financing an existing property Financing construction Only Total2 0 Total Number with no recurrence2 0
1 Number of real customers with no repeating the customer’s name even if he/she is granted multiple loans/ finances whether for each purpose in a line by line basis or on total basis, i.e. a customer who obtained multiple loans/finances should not be repeated. 2 Totals of attachment (1) match those of attachment (2). 10- GG CREDIT POLICY. INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS ) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 70
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Credit Division Attachment (2) Statement of total finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas by balance category as at …../…../….. other than finance addressed for private housing in accordance with CBK instructions regarding consumer and installment loans/finance Name of Bank/Company: Amounts in KD ,000 Tranches No. of customers1 No. of Loans/ Finance Transactions Balance Debt performance Performing Non-Performing Zero interest/ profit with interest/ profit No. of customers1 No. of Loans/ Finances Balance Available provisions No. of customers1 No. of Loans/ Finances Balance Available specific provisions Zero interest/ profit With interest/ profit Zero interest/profit With interest/profit Up to 100,000 100,001-150,000 150,001-250,000 250,001-500,000 500,001-750,000 750,001-1,000,000 Above 1,000,000 Total2 0 Total Number with no recurrence2 0
1 Number of real customers with no repeating the customer’s name even if he/she is granted multiple loans/ finances whether for each purpose in a line by line basis or on total basis, i.e. a customer who obtained multiple loans/finances should not be repeated. 2 Totals of attachment (1) match those of attachment (2). 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS GG CREDIT POLICY. ) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/321/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 71
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. HH) Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/333/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas. 72 THE MANAGER Jumada Alakhira 24, 1435 H April 24, 2014 The General Manager, Circular No. (2/ BS, IBS, IS, IIS, FS, IFS/333/2014) to all banks, investment companies and financing companies concerning the periodic statements for finance granted to individual customers for purchase and/ or development of properties located in the private and prototype housing areas Reference is made to CBK circular No. (2/BS-IBS-RS-RSA-RT-RTA/321/2014) dated 20/1/2014 concerning the periodic statements that banks, investment and finance companies should provide to CBK on the said finance transactions with effect from November 2013. Please note that a new code has been created in the center of risks system under No. 11 in the finance purposes schedule. That code will be assigned for finance transactions to individual customers for the purpose of purchasing and/ or developing real estate located in the private housing and model Housing areas. The bank/ company should provide CBK with the required statements as per the newly created code with effect from November 2013 statements in addition to considering the same in facilities/ finance transactions statements as per AM2 form provided online monthly to CBK. Best Regards, Manager, Off-Site Supervision Department Waleed Mahmoud Al-Awadhi
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. II) Circular No. (2/BS, IBS/365/2016) to all local banks (except Industrial Bank of Kuwait) concerning the maximum limit for extending finance. 73 THE GOVERNOR Jumada Alakhira 06, 1437 H March 15, 2016 The Chairman, Circular No. (2/BS, IBS/365/2016) to All Local Banks (Except Industrial Bank of Kuwait) Concerning the Maximum Limit for Extending Finance As a part of the CBK’s ongoing efforts to review and update the instructions on the banking business controls in line with the international supervision standards and the best practices in the organizational and supervisory field, the CBK’s Board of Directors has decided, in its meeting dated March 15th 2016, to introduce amendments to the instructions on the maximum limit for extending finance issued on May 8th 2012 so that the maximum limit for granting finance will be 90% of the total financing sources specified in those previous instructions, without applying different percentages as per maturity periods. In addition, banks’ deposits have been excluded from the financing sources for the purpose of calculating the maximum limit available for granting finance. The introduction of such amendments comes in light of the banking developments witnessed during the recent period including the application of Basel III reforms’ package and the accompanying considerations entailing such amendments as follows:
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. II) Circular No. (2/BS, IBS/365/2016) to all local banks (except Industrial Bank of Kuwait) concerning the maximum limit for extending finance. 74 These revised instructions should be adopted as of October 2016 on the following three levels: The bank and its local branches (the local level). These instructions shall be mandatory for this level. The bank, its local and overseas branches (bank level). For this level, the instructions shall be applied for follow-up purposes. The bank, its local and overseas branches and subsidiaries (group level). For this level, the instructions shall be applied for follow-up purposes. Banks shall provide the CBK with monthly data of the maximum limit available for granting finance as per the attached forms, taking into consideration stating the financing sources available for financing as per “Resident” and “Nonresident” sources, within (10) business days from the end of the reporting month to the email address (SV.FRT@CBK.GOV.KW). In addition, the amended instructions shall be applied for follow-up purposes starting from May to September 2016 in a parallel run with the current instructions “Parallel Run”. During this period, your Bank shall provide us with the monthly data as per the current instructions and as per the amended instructions. With my best Wishes, The Governor Dr. Mohammad Y. Al-Hashel
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. II) Circular No. (2/BS, IBS/365/2016) to all local banks (except Industrial Bank of Kuwait) concerning the maximum limit for extending finance. 75 Central Bank of Kuwait (Form used for Conventional Banks) Table No. (1) Supervision Sector Off-Site Supervision Department Off-Site Supervision Section The maximum Limit available for extending Finance on a Daily Basis during the Month of …………… Bank: …………………………….. KD Thousands Description Balance as at the Beginning of the Month Balance as at … Balance as at ….. Balance as at the End of the Month Resident Nonresident Total Resident Nonresident Total Resident Nonresident Total Resident Nonresident Total First: Private Deposits
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. II) Circular No. (2/BS, IBS/365/2016) to all local banks (except Industrial Bank of Kuwait) concerning the maximum limit for extending finance. 76 Central Bank of Kuwait (Form used for Islamic Banks) Table No. (1) Supervision Sector Off-Site Supervision Department Off-Site Supervision Section The maximum Limit available for extending Finance on a Daily Basis during the Month of …………… Bank: …………………………….. KD Thousands Description Balance as at the Beginning of the Month Balance as at … Balance as at ….. Balance as at the End of the Month Resident Nonresident Total Resident Nonresident Total Resident Nonresident Total Resident Nonresident Total First: Private Deposits
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 77 THE GOVERNOR Ramadhan 06, 1442 H April 18, 2021 The Chairman, Circular No. (2/BS/IBS/479/2021) to all local Banks regarding the Controls for implementing the Law No. (2) of 2021 on the Rescue of Small and Medium-Sized Enterprises Negatively Impacted by COVID-19 Reference is hereby made to Article (20) of the Law No. (2) of 2021 regarding the Rescue of Small and Medium-Sized Enterprises (SMEs) Negatively Impacted by COVID-19, which states that the Central Bank shall issue the decisions and instructions necessary to implement this law. Kindly find enclosed herewith the controls to implement the provisions of the aforementioned law, which have been approved by the Central Bank of Kuwait’s Board of Directors on 11/04/2021 to be abided by from the date of entry into force of the law. With my best Wishes, The Governor Dr. Mohammad Yousef Al-Hashel
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 78 Resolution No. (66/T/2021) Regarding the Controls for Implementing the Law No. (2) of 2021 on the Rescue of Small and Medium-Sized Enterprises Negatively Impacted by COVID-19 The Central Bank of Kuwait Having perused
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 79 Controls for implementing the Law No. (2) of 2021 on the Rescue of Small and Medium-Sized Enterprises Negatively Impacted by COVID-19 First: Definitions Article (1) In the application of these terms and conditions, the following terms and expressions shall have the meanings ascribed to them: CBK : Central Bank of Kuwait Bank(s) : Local bank(s). Negatively-impacted Customers : The small and medium-sized customers, including the owners of emerging enterprises, who were efficiently operating, and whose activity was partially or wholly impacted by the COVID-19 crisis, giving rise to the inability to cover the basic periodic contract expenditures. Emerging Enterprises : Small and medium-sized enterprises that have been recently established but did not complete their first fiscal year until the date of entry into force of the Law No. (2) of 2021 mentioned above, in accordance with the provisions of the Law No. (1) of 2016 Promulgating the Companies Law. Financing : Loans and financing facilities provided by local banks to negatively-impacted customers in accordance with the Law No. (2) of 2021.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 80 Second: Financing Process and Conditions Article (2) A negatively-impacted customer may submit a financing application to a bank via an electronic portal designated for this purpose, while fulfilling the following requirements: An official finance application signed by the authorized signatory. The financial statements of SMEs presenting the operating results for the period prior to 12/03/2020. The financial position of the emerging enterprises, if no financial statements were issued, reflecting the operating results for the period prior 12/03/2020, including the documentation and contracts that support the statements of financial position. The financial position of legal entities that are not required to issue financial statements in accordance with the governing laws and regulations (such as professionals) reflecting the operating results for the period prior to 12/03/2020. A statement of the expected future monthly cash flows. A statement of needed contract expenditures such as salaries, rents, and any outstanding payments for any obligations. An authorization from the customer to the bank to inquire from the Credit Information Network Company (Ci-Net). A list of the national manpower at the entity issued by the Public Authority of Manpower setting out the ratio of national manpower at the end of 2019, and the ratio required at the end of 2021. Any other information requested by the bank for conducting the credit study. The bank shall notify the customer within five working days of receiving the finance application, of whether the application is complete or not. In the latter case, the bank should specify the other documents and data to be submitted. Article (3) The bank conducts the required credit study in such comprehensive and swift manner. The said study should cover, at least: : verification that the customer satisfies the terms and conditions for extending the finance, reviewing the customer’s historical cash flows, and inquiring about the customer through the Credit Information Network Company (Ci-Net).
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 81 Due diligence shall be made to verify the statements of the financial position of the emerging enterprises and entities that are not required to issue financial statements in accordance with the governing laws and regulations. Article (4) The bank shall notify the customer of the final decision based on the credit study of the finance application submitted by the customer within a maximum period of 15 working days from the date of completing all documents, provided that the said notification should include the reasons for rejection, if any. In case of rejection, the concerned customer may submit a new application to another bank. Article (5) The bank shall determine the amount of the requested finance in proportion to the deficit in the cash flows of the negatively-impacted customer. In addition, the bank shall determine the repayment period according to the customer’s expected cash flows. Article (6) The bank extends the finance in tranches, disseminated concurrently with the periodic obligations requested to cover the actual realized cash flows, and deposit the same directly in the beneficiaries’ bank accounts. The bank shall ensure maturity of these payments, and the finance must not be paid in cash to any customer. Article (7) The bank shall provide the customer with a clear and simple statistical table setting out the amounts and number of installments, and the components of each installment including the principal, the interest/ returns to be paid by the customer, the part of those interests/ returns to be borne by the State public treasury, and the total amounts the customer shall pay until the end of the finance period. Article (8) Any non-performing client as of 31/12/2019 is not eligible to this finance. Nonperformance is defined as per the provisions of the Central Bank of Kuwait’s Instructions regarding “The Rules and Principles for Classification of Credit/Financing Facilities, Calculation of their Provisions and Treatment of the Income therefrom. However, negatively-impacted customers, i.e. the owners of emerging enterprises, shall be exempted.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 82 Article (9) The customer shall use the funding to finance working capital to cover the deficit in the required contractual operating expenditure (e.g. salaries, rents, maintenance, and any payments due for any outstanding obligations). In all cases, the customer may not use the financing in speculation, trading in real estate and securities or payment of outstanding instalments or credit facilities due on the customer to banks or any other lender, or in any other purpose save as the those stipulated under the Law. No. (2) of 2021. Article (10) The bank shall be entrusted with the responsibility for managing the debt and shall not charge any commission or fee other than the interest/ returns stipulated under Article (7) of the Law No. (2) of 2021.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 83 Third: Cost of Finance Article (11) Finance is extended at a fixed interest/return rate for the whole financing period at a maximum of 1% over the discount rate declared by the Central Bank at the time of granting the finance. The following table sets out the method for charging interests/returns on the diminishing balance of finance. The cost of finance over the repayment term shall be allocated as follows: Period Interest/return on financing the negatively-impacted customers 1 st year (grace period) Fully borne by the State Public Treasury. 2 nd (grace period) Fully borne by the State Public Treasury. 3 rd Year The State Public Treasury bears (90%) and the customer bears (10%). 4 th year The State Public Treasury bears (80%) and the customer bears (20%). 5 th to 10th year Fully borne by the customer. The customer shall bear all interests/returns not paid by the State Public Treasury in all years of repayment term. Article (12) Banks shall provide the Central Bank of Kuwait, on a quarterly basis, with the State Public Treasury’s share of finance cost (interest/returns) in accordance with the provisions of Article (7) of the Law No. (2) of 2021, within ten business days from the end of each quarter, audited by the lending banks’ auditors so that the Central Bank submits the same to the Ministry of Finance.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 84 Fourth: Guarantees Article (13) The State shall guarantee 80% of the principal financing provided to the negatively-impacted customers under these controls without any interest/return for the period set forth under Article (6) of the Law No. (2) of 2021 up to a maximum Kuwaiti Dinars Five Hundred Millions for the total new financing amounts provided by all banks within six months from the date of publishing this law in the official gazette and entry into force. Article (14) After six months of enforcement of the Law No. (2) of 2021, banks shall submit to the Central Bank a detailed schedule showing the new financing facilities disbursed to customers in accordance with this law, and controls and instructions issued by the Central Bank, and the amounts guaranteed by the State. The said schedule must be audited by the external auditors. The report shall include auditors' verification that the bank has complied with the terms and conditions stipulated under this law as well as the rules and terms under the present controls. Article (15) Banks shall pay a guarantee issuance commission to the Central Bank within three business days from the end of each year in accordance with Article (10) of the Law No. (2) of 2021, accompanied by a certificate audited by the Bank’s auditors indicating correctness of commission calculation.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 85 Fifth: Default and Enforcement of the Guarantee Article (16) Banks shall exert all efforts to collect the payments due from the customers, who have obtained financing. In case of default, the following collection process shall be applied: • The bank shall submit a request to enforce the guarantee to the Central Bank on behalf of the State and attach copies of the actions taken to collect the outstanding amounts from the financed entity, including warning messages sent to the defaulting entity. • The bank files a lawsuit before the competent court against the defaulting customers. • The bank provides a proof of the legal actions taken against the defaulting customers. Article (17) The bank shall follow up on collection from defaulting customers, initiate the legal and judicial proceedings, and take any other actions stipulated under the Law No. (2) of 2021 and the resolutions issued for implementation thereof. Article (18) In the event that any amount of the defaulted finance is recovered, the State shall get its share of the recovered amount in line with the guarantee coverage percentage. The recovered amount shall be transferred to the Ministry of Finance Account held with the Central Bank within a maximum of three business days from the date of the amount collection.
CHAPTER TWO : The Law, Supervisory & Regulatory Instructions & Controls. 10- INSTRUCTIONS ISSUED IN CONNECTION WITH THE RATIONALIZATION AND ORGANIZATION OF BANKS CREDIT POLICY. JJ) Circular No. (2/BS, IBS/479/2021) to all local banks regarding the controls for implementing the law No. (2) of 2021 on the rescue of small and medium-sized enterprises negatively impacted by COVID-19 86 Sixth: General Rules Article (19) Banks shall develop electronic portals to receive financing applications. In addition, banks shall publish these controls on the bank’s electronic platforms along with a list of the documents required to review the applications of the negatively-impacted customers. Article (20) The Bank shall develop procedures for extending finance to cater for the private nature of the negatively-impacted customers, taking into account fast decisionmaking, risk assessment and compliance with the instructions for the rationalization and regulation of the credit policy of banks. The latter addresses various bases and controls for extending credit particularly in terms of conducting credit studies of the customer’s financial position, estimation of the cash flows and the sources of repayment. In general, the credit study and the final decision to extend finance or not shall be at the sole discretion and responsibility of the bank. Article (21) Banks shall record the applications submitted by customers on an early submission basis, and decisions thereon shall be made in accordance with these controls. Article (22) Banks shall coordinate with the Credit Information Network Company (Ci-Net) to set up the needed databases for these customers according to a special system that considers the nature of this type of financing, taking into account evidencing the date on which the customer submitted the application for finance and entity the application is addressed to. Article (23) The bank shall cease disbursing unutilized finance amounts in the event that the documents submitted by the customer are found incorrect, and take the necessary legal actions to recover the amounts that have been unduly disbursed including the costs borne by the State Public Treasury as a result of acts committed in violation of the Law No. (2) of 2021 and the controls issued by the Central Bank. The State Public Treasury shall no longer bear any part of the finance cost. 18/04/2021