Rule · BI · 31 Jan 2005
Commercial banks in Indonesia must assess debtor environmental prospects, classify credit quality, and conduct debt restructuring under prudential and accounting principles. They must evaluate debtor financials, require new collateral for individuals, and monitor restructured loans via monthly reports and financial statements. Banks must recognize losses when net book value falls below pre-restructuring balances and recognize excess provisions as revenue pro rata upon principal receipt. All restructurings must be reported to Bank Indonesia within ten working days of month-end using Appendix III forms. This circular replaces Circular Letters 31/10/UPPB and 31/12/UPPB and takes effect January 31, 2005.
Unofficial translation
No. 7/ 3 /DPNP Jakarta, January 31, 2005
CIRCULAR LETTER to
ALL COMMERCIAL BANKS
CONDUCTING CONVENTIONAL BUSINESS
IN INDONESIA
Subject: Asset Quality Rating for Commercial Banks In reference to the issuance of Bank Indonesia Regulation Number 7/2/PBI/2005 dated January 20, 2005, concerning Asset Quality Rating for Commercial Banks (State Gazette of the Republic of Indonesia Number 12, Supplement to the State Gazette of the Republic of Indonesia Number 4471), it is necessary to stipulate implementation provisions in a Circular Letter of Bank Indonesia with key provisions as follows:
I. GENERAL .…
I. GENERAL REVIEW
business. In this regard, debt restructuring needs to be conducted with due regard for the applicable prudential principles and accounting principles.
II. CREDIT QUALITY
c) cash flow; and d) sensitivity to market risk.
3) Repayment capability
Assessment of repayment capability shall be based on assessment of the following components:
a) promptness in repayment of principal and interest; b) availability and accuracy of financial information on the debtor; c) completeness of credit documentation; d) compliance with the credit agreement; e) appropriateness of use of funds; and f) viability of sources for payment of obligations. b. Criteria for each of the components referred to in letter a are described in Appendix I to this Circular Letter of Bank Indonesia.
c. Classification of credit quality shall take into account the materiality
and significance of each assessment factor and component and the relevance of the assessment factors and components to the characteristics of the debtor concerned. d. Thereafter, based on the assessment in letter b and letter c, credit quality shall be classified Current, Special Mention, Sub-standard, Doubtful, or Loss.
2. Environmental .…
debtor. This may then impact the business survival and capability of the debtor for repayment of the provision of funds. Furthermore, as stipulated in Government Regulation Number 23 of 1999, the EIA is one of the requirements that must be met to obtain licensing to conduct a business and/or activity.
c. The categories of planned business and/or activities requiring an
EIA are stipulated in Decree of the State Minister for the Environment Number 17 of 2001 concerning Categories of Business or Activities Requiring EIA. This Decree may be reviewed on a periodical basis, normally every 5 (five) years. Matters pertaining to EIA for activities requiring an EIA can be seen on the Ministry of Environment website at www.menlh.go.id/amdalnet. d. Environmental management is not only required at the commencement of a business activity, but must also be conducted by the debtor on a sustained, ongoing basis. To this end, the Ministry of Environment has launched the Corporate Performance Rating Program for Environmental Management (PROPER). Companies participating in PROPER are:
1) companies with major impact on the environment;
2) companies that cause pollution or damage to the environment
on a large scale;
3) companies .…
3) companies that pollute and destroy the environment and/or
could potentially pollute and destroy the environment;
4) public companies listed on the capital market, whether in
Indonesia or overseas; or
5) export-oriented companies.
e. The results of the PROPER assessment will be aggregated into a number of ratings, namely gold, green, blue, red, and black. These results are regularly announced to the public and may be accessed at the Ministry of Environment website at www.menlh.go.id. The meaning of each PROPER rating is as follows:
1) gold for business and/or activities that have pursued measures
to control pollution and/or damage to the environment and/or implement clean production with excellent results;
2) green for business and/or activities that have pursued measures
to control pollution and/or damage to the environment with results exceeding the requirements stipulated in the applicable laws and regulations;
3) blue for business and/or activities that have pursued measures
to control pollution and/or damage to the environment with results meeting the minimum requirements stipulated in the applicable laws and regulations;
4) red .…
4) red for business and/or activities that have pursued measures to
control pollution and/or damage to the environment but have not met the minimum requirements stipulated in the applicable laws and regulations;
5) black for business and/or activities that have not taken measures
to control pollution and/or damage to the environment and which may cause pollution and/or damage to the environment;
III. QUALITY OF SECURITIES
In accordance with Article 14 of Bank Indonesia Regulation Number 7/2/PBI/2005, securities recognized at market value, not having reached maturity, and with coupons or other similar obligations paid promptly in the proper amount according to contract may be classified current insofar as the securities are actively traded on a stock exchange in Indonesia and there is transparent information on market value. Quality of securities not meeting the criteria of actively traded on a stock exchange and/or lacking transparent information on market value as referred to above, or securities held to maturity, shall be assessed on the basis of rating of the securities as follows:
a. Current if:
1) rated investment grade or higher;
2) coupons .…
2) coupons or other similar obligations are paid promptly in the
proper amount according to contract; and
3) have not reached maturity.
b. Sub-standard if:
1) rated investment grade or higher;
2) have arrears in payment of coupons or other similar obligations;
and
3) have not reached maturity,
or
1) are rated no lower than 1 (one) level below investment grade;
2) have no arrears in payment of coupons or other similar obligations;
and
3) have not reached maturity.
c. Loss if the Securities fail to meet the criteria referred to in letter a and
letter b.
Investment grade is rating as listed in Appendix II to this Circular Letter of Bank Indonesia. For securities of Indonesian companies traded on leading overseas stock exchanges (at least on similar standing to a stock exchange in Indonesia), rating is defined as rating for securities traded on the overseas stock exchange or rating of relatively similar securities issued by the company and traded on a stock exchange in Indonesia or shall be based on the provisions .…
the provisions for assessment of credit quality, if the company has not issued securities in Indonesia. For securities that are by nature not actively traded on a stock exchange and are unrated, such as medium term notes and negotiation of export bills of exchange, classification of quality shall be based on the provisions for placement quality if the obligor is another Bank, or based on the provisions for credit quality if the obligor is not a Bank.
IV. PROVISION OF FUNDS TO SPECIFIED REGIONS
c. West Irian Jaya Province;
d. Papua Province; and e. Poso Regency in Central Sulawesi Province.
3. Assessment of quality of provision of funds in certain amounts to
debtors with business activities located in Aceh Province and Nias Regency, including matters pertaining to debt restructuring, are stipulated in separate provisions.
V. ABANDONED PROPERTY
In accordance with Article 1 of Bank Indonesia Regulation Number 7/2/PBI/2005, abandoned property is defined as fixed assets in the form of property held by the Bank but not used for the customary business of the Bank. Customary business of a Bank includes property used to support the business of the Bank, insofar as the holdings are at a reasonable level, such as for office housing and property used for educational facilities, in addition to other property designated for use by the Bank in the course of its business in the near future.
VI. DEBT RESTRUCTURING
To minimize potential loss from problem debtors, Banks may take action that includes but is not limited to debt restructuring in the case of debtors that still have business prospects and will be able to meet obligations .…
obligations after restructuring of their debt. Banks are required to conduct debt restructuring in accordance with the applicable prudential principles, Financial Accounting Standards, and Guidelines for Bank Accounting in Indonesia.
financial condition of the debtor and the capability of the debtor to repay the debt. c) evaluation of debtor management performance to determine the need for organizational restructuring of the debtor company, including but not limited to replacement of shareholders, board of directors, and other managerial changes. If necessary, the Bank may seek assistance from external technical experts to conduct the organizational restructuring. If the debtor is an individual debtor, new additional collateral or guarantee must be required.
2) The approaches and assumption used in determining the
projected cash flows of the debtor and in calculating present value of principal installments and/or interest to be received.
3) Analysis, conclusions, and recommendations concerning
adjustments to the terms and conditions of the credit, such as reduction in interest rate, reduction in arrears in principal and/or interest, amendment of tenor, and/or additional facility. These adjustments shall take into account the business cycle and repayment capability of the debtor to enable the debtor to meet obligations for repayment of principal installments and/or interest through maturity.
4) If debt .…
4) If debt is restructured by provision of additional credit, the
purpose and use of the additional credit must be clear. The additional credit may not be used for repayment of loan principal and/or interest.
5) Adjustment to the repayment schedule reflects the repayment
capability of the debtor.
6) Details pertaining to the terms and conditions of the credit,
including the financial terms of the loan agreement, among others any plan for recapitalization of the debtor company or clause enabling the Bank to raise the interest rate in line with the repayment capability of the debtor.
7) Details of the accompanying documentation necessary to the
operation of the debt restructuring.
8) Requirement that the loan agreement and other documents
pertaining to operation of the debt restructuring must be legally enforceable. b. Monitoring procedure Banks are required to have written procedures for monitoring restructured debt to ensure that debtors have the commitment and ability to execute repayment in accordance with the terms and conditions of the new loan agreement. These …
Actions that must be taken for monitoring purposes include but are not limited to the following:
1) preparation of monthly report on the business progress of the
debtor, stating details of business progress, implementation of the action plan, and likelihood of repayment.
2) requirement for the debtor to submit financial statements
complete with key financial ratios as needed by the Bank to monitor the business and financial condition of the debtor on an ongoing basis. The debtor shall also be required to report the impact of various actions taken as part of the debt restructuring, such as recapitalization of the debtor company and any decision not to pay out a dividend.
3) formulate actions to be taken if the debtor continues to
experience difficulty in repayment after debt restructuring.
2. Guidelines for Accounting Treatment for Debt Restructuring
Accounting treatment for debt restructuring shall be implemented in accordance with the applicable Financial Accounting Standards and Guidelines for Bank Accounting in Indonesia, with attention to the following:
a. The method used in calculating new net book carrying value shall be based on the following order of priority:
1) present …
1) present value of expected cash flows in accordance with the
value of the restructured debt, using a discount rate; or
2) market value of the restructured debt, insofar as the value is
available; or
3) collateral value, if repayment of the credit is heavily dependent
on collateral. b. In calculating the present value of expected cash flows from restructured debt, the Bank must use the effective rate of interest of the credit prior to restructuring as the discount rate. If the loan agreement prior to restructuring applies a variable interest rate, the Bank may use an interest rate reflecting the variable interest rate, among others by using the interest rate in effect at the time of debt restructuring.
c. If the new net book carrying value under one of the methods of
calculation in letter a is lower than the balance of credit prior to restructuring, the Bank shall treat the difference as loss. This loss shall be charged after taking into account any excess Provision for Asset Losses formed by reason of improvement in credit quality after restructuring. d. After deduction for losses incurred in the debt restructuring, any excess Provision for Asset Losses formed by reason of improved quality of restructured credit may only be recognized as revenue after …
after receipt of principal installments on the restructured debt. Revenue shall be recognized pro rata according to the receipt of principal installments on the restructured debt. e. In calculating expected cash flows from restructured debt for calculation of present value as referred to in letter a, the Bank shall apply reasonable assumptions in accordance with current developments to ensure that the projection is realistic. f. If the debt restructuring is conducted wholly by transference of assets, including securities, or conversion of credit to temporary equity participation, recognition of loss shall be recorded at the difference between market value of the assets or equity received and book value of the credit. g. If part of the debt is restructured by transference of assets, including securities, or conversion of credit to temporary equity participation, and part of the debt is restructured by modification of the terms and conditions of the credit, recognition of loss shall be recorded at the difference between market value of the assets or equity received and book value of the credit and recognition of loss from modification of the terms and conditions of the credit shall be according to the provisions referred to in letter a. h. Loss from restructuring of Small-scale Business Credit and consumption credit may be calculated according to the type of credit …
credit using the statistical method or by appraisal of each credit facility in accordance with the provisions in letter a, letter b, letter c, letter d, and letter e.
i. The Bank must evaluate restructured debt each quarter. In the
event of any significant differences between projection and outcome in principal installments and interest, term, cash flow, interest rate, or appraised collateral value, the Bank shall recalculate the loss incurred.
VII. REPORTING
VIII.CONCLUDING PROVISIONS
Kindly be informed.
BANK INDONESIA,
MAMAN H. SOMANTRI
DEPUTY GOVERNOR
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A newer document in RegAlert amends this one; it applies as amended.
“Circular Letter of Bank Indonesia Number 31/10/UPPB dated November 12, 1998, concerning Earning Asset Quality ... are revoked and declared no longer valid.”
“Circular Letter of Bank Indonesia Number 31/11/UPPB dated November 12, 1998, concerning Formation of Allowance for Earning Asset Losses are revoked and declared no longer valid.”
“Circular Letter of Bank Indonesia Number 31/12/UPPB dated November 12, 1998, concerning Debt Restructuring is declared no longer valid for Commercial Banks conducting conventional business.”
“CHAPTER VII number 1 and number 2 of Bank Indonesia Circular Letter Number 7/3/DPNP dated January 31, 2005 concerning Commercial Bank Asset Quality Evaluation; ... shall be adjusted to this Bank Indonesia Regulation.”
“Attachment 2 of Bank Indonesia Circular Letter Number 7/3/DPNP dated January 31, 2005 concerning Assets Quality Rating for Commercial Banks, are revoked and declared inapplicable.”
“In reference to the issuance of Bank Indonesia Regulation Number 7/2/PBI/2005 dated January 20, 2005, concerning Asset Quality Rating for Commercial Banks”
“Act Number 7 of 1992 concerning Banking as amended by Act Number 10 of 1998”
Amended 2 times · last 2006-07-10
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