2020-02-14 | Finance Business Act Direction No. 1 of 2020Added · Updated
The Monetary Board of the Central Bank of Sri Lanka issued Finance Business Act Directions No. 01 of 2020 to establish minimum requirements for Licensed Finance Companies regarding the classification and measurement of credit facilities. The directive mandates the adoption of SLFRS 9 for expected credit loss measurement while maintaining specific regulatory provisioning tiers for non-performing loans. It further outlines strict criteria for classifying performing versus non-performing assets, rescheduling protocols, and the responsibilities of boards to implement robust credit risk management frameworks effective from April 2021.
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
In terms of powers conferred by Section 12 of the Finance Business Act, No. 42 of 2011, the Monetary Board hereby determines the classification and measurement of credit facilities for Licensed Finance Companies (LFCs) as follows;
1.1 These Directions set out the minimum requirements on the classification and measurement of all credit facilities granted by an LFC with the adoption of Sri Lanka Accounting Standard, ‘SLFRS 9: Financial Instruments’ issued by the Council of Chartered Accountants of Sri Lanka and prudential requirements of the Central Bank of Sri Lanka (CBSL).
1.2 The credit facilities shall include the following;
1.3 All LFC shall maintain basic information (including those set out in Appendix A, where applicable) on borrower, credit facility and periodic credit reviews to enable an objective evaluation of the quality of borrowers.
2.1 These Directions are effective for financial years beginning on or after 1 April 2021.
3.1 The Board of Directors (BoD) and senior management of an LFC is responsible to establish credit risk management framework, including effective internal control system to consistently determine adequate impairment allowances in accordance with the LFC’s Board approved policies, applicable accounting standards and regulatory requirements.
4.1 Credit facilities
4.1.1 An LFC shall classify the credit facilities as Performing loans (PLs) and non-performing loans (NPLs) in terms of Direction 4.1.2 and 4.1.3.
4.1.2 PLs shall mean all credit facilities other than NPLs classified in terms of Direction 4.1.4.
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
4.1.3 An LFCs shall classify credit facilities as NPLs based on the two criteria; i.e., based on period and/or on potential risk.
4.1.4 An LFC shall at minimum, classify every credit facility as NPL based on the period and / or on potential risk are given at Table 1 and 2, Appendix B.
4.2 Rescheduled credit facilities
4.2.1 When rescheduling, age should be considered in aggregate, the period of time the credit facility was in arrears before rescheduling and after rescheduling for the purpose of classification.
4.2.2 When rescheduling occurs before a credit facility is classified as NPL, LFCs may disregard aggregating the period of time the credit facility was in arrears, if the borrower continues to service the loan for periods specified in Table 3, Appendix B, applicable for Special mentioned category.
4.2.3 When rescheduling occurs after a credit facility is classified as NPL, the rescheduled credit facility shall be classified as NPL when, in aggregate, the period of time the credit facility was in arrears before rescheduling and after rescheduling exceeds the time period specified in Table 1, Appendix B, in respective credit facilities.
4.3 Reclassification of credit facilities
4.3.1 Reclassification of NPLs to PLs
An LFC shall reclassify NPLs as PLs, if such NPLs meet the following criteria;
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
below shall be carried out prior to such reclassification of NPLs as PLs.
4.3.2 Reclassification of rescheduled NPLs as PLs
4.4 Multiple credit facilities
An LFC shall classify for credit facilities based on the credit assessment of the borrower.
4.5 New credit facilities
LFCs shall not grant new credit facilities for repayment of NPL in the name of the same borrower or any other related party, unless such credit facility is also classified as NPL and categorized into the same category of the repaid credit facility as per categorization of non-performing credit facilities (Table 1, Appendix B). The reclassification of such NPL as a PL shall be subject to Direction 4.3.
5.1 An LFC at a minimum shall categorize the credit facilities into four credit grades as special mention, substandard, doubtful and loss given at Table 1, Appendix B.
6.1 An LFC shall recognize the loss allowance for expected credit losses for all the credit facilities as per Sri Lanka Accounting Standard, ‘SLFRS 9: Financial Instruments’, (as amended) as set out in Appendix C.
6.2 Multiple credit facilities
6.2.1 An LFC shall provide for credit facilities above a certain materiality threshold based on the credit assessment of the borrower, except for homogenous credit exposures (e.g. housing loans, consumer loans, credit
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
card receivables) below a certain materiality threshold.
6.2.2 An LFC shall pool all homogenous credit exposures together except 6.2.1 above, and provide for collectively based on risk characteristics.
6.2.3 An LFC shall develop an internal rating if 6.2.1 and 6.2.2 above are combined and shall provide for based on the credit assessment of the borrower.
7.1 Minimum Level of Regulatory Loss Allowance
7.1.1 Director may determine a Minimum Level of Regulatory Loss Allowance if there is significant difference between regulatory provision (i.e., provision and accrued interest in NPL) and loss allowances for expected credit losses for credit facilities for all financial instruments measured at amortized cost under purview of this Direction as per accounting standards from time to time.
7.1.2 LFC shall determine and recognize the loss allowances for expected credit loss on the credit exposures in accordance with the requirements of accounting standards. However, in line with the international best practices, the CBSL shall monitor the loss allowances for expected credit losses in comparison to the regulatory provision.
7.1.3 Where the loss allowances for expected credit loss falls below the regulatory provision, LFC shall maintain the additional loss allowance in a non-distributable regulatory loss allowance reserve (RLAR) through an appropriation of its retained earnings. The additional loss allowance shall be maintained in the RLAR at all times. When loss allowance for expected credit losses exceeds the Regulatory provision, the LFC may transfer the excess amount in the RLAR to its retained earnings.
7.1.4 Further, any shortfall in regulatory provision (i.e., provision and accrued interest in NPL) and loss allowances for expected credit loss as per accounting standards shall be adjusted in the Finance Business Act Directions No.03 of 2018 – Capital Adequacy Requirements or as amended.
7.1.5 LFCs shall submit all periodical information pertaining to regulatory
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
provisioning on memorandum basis, based on statutory returns to CBSL in accordance with the Direction 7.2 below.
7.1.6 LFCs shall maintain adequate data/records and systems separately to identify, reconcile and report expected credit loss allowances under the Sri Lanka Accounting Standards and the regulatory provisioning requirements, in accordance with Direction 7.2 below.
7.2 Regulatory Provisioning
7.2.1 An LFC shall maintain specific provisions, as per the credit facilities categorized in Table 1 and 2, Appendix B on the amount outstanding, net of realizable security value of collaterals as specified in Appendix C and accrued interest on NPL specified in Direction 7.3 as per the following:
| Categories of Non-performing Credit Facilities | Minimum Specific Provisioning Requirement |
|---|---|
| Special mention | 5% |
| Substandard | 20% |
| Doubtful | 50% |
| Loss | 100% |
7.2.2 The amount of specific provision made earlier, in respective of rescheduled NPLs of the respective categories, could also be reversed only after the period specified in Table 3, Appendix B.
7.2.3 An LFC shall provide for multiple credit facilities based on the credit assessment of the borrower.
7.3 Accrued interest on NPLs
On a memorandum basis, an LFC shall report the accrued interest but uncollected from the date a credit facility is classified as NPL.
7.4 Write off/write down of non-performing credit facilities
An LFC shall have a well-designed write off/write down policy approved by the BoD.
February 2020 FINANCE BUSINESS ACT DIRECTIONS No. 01 of 2020
8.1 As a transitional provision in classifying for Special mention category, LFCs shall adopt 120 past due date with effect from 01.04.2021 for 12 months and required to adopt 90 past due date for classifications with effect from 01.04.2022.
9.1 “Director” means the Director of the Department of Supervision of Non-Bank Financial Institutions of the Central Bank of Sri Lanka.
10.1 The Finance Companies (Provision for Bad and Doubtful Debts) Direction No. 03 of 2006 and the Finance Companies (Accrued Interest) Direction No. 15 of 1991 will be revoked from effective date of these Directions.
Prof. W D Lakshman
Chairman of the Monetary Board and
Governor of the Central Bank of Sri Lanka
(I) Information on borrower
(II) Information on credit facility
(III) Information on appraisal of credit application
(Certain information would not be applicable for borrowers who are natural persons.)
(IV) Information on periodic credit review
(Certain information would not be applicable for borrowers who are natural persons.)
| Facility type | Classification criteria | Special Mention | Substandard | Doubtful | Loss |
|---|---|---|---|---|---|
| Credit facilities repayable in daily basis | Principle or interest or both past due for more than 7 days from the due date | Payment due and unpaid for more than 7 days but less than or equal 30 days from the due date | Payment due and unpaid for more than 30 days but less than or equal 60 days from the due date | Payment due and unpaid for more than 60 days but less than or equal 90 days from the due date | Payment due and unpaid for more than 90 days from the due date |
| Credit facilities repayable in weekly and bi-weekly basis | Principle or interest or both past due for more than 30 days from the due date | Payment due and unpaid for more than 30 days but less than or equal 90 days from the due date | Payment due and unpaid for more than 90 days but less than or equal 180 days from the due date | Payment due and unpaid for more than 180 days but less than 270 days from the due date | Payment due and unpaid for more than 270 days from the due date |
| Credit facilities repayable on monthly basis or more | Principle or interest or both past due for more than 90 days from the due date | Payment due and unpaid for more than 90 days but less than or equal 180 days from the due date | Payment due and unpaid for more than 180 days but less than or equal 270 days from the due date | Payment due and unpaid for more than 270 days but less than or equal 360 days from the due date | Payment due and unpaid for more than 360 days from the due date |
| Credit facilities repayable in one installment (fully /partly) past due for | |||||
| In the case of credit card, minimum payment is in arrears for more than 90 days from due date | |||||
| In case of credit card, minimum payment arrears for more than 180 days but less than or equal 270 days from due date | |||||
| In case of credit card, minimum payment arrears for more than 270 days but less than or equal 360 days from due date | |||||
| Payment due and unpaid for more than 360 days from due date |
| Facility type | Classification criteria | Special Mention | Substandard | Doubtful | Loss |
|---|---|---|---|---|---|
| installment at the end of specific period or on a due date (bullet payments) | more than 90 days from the end of agreed period or the due date | days but less than or equal 180 days from the end of agreed period or the due date | 180 days but less than or equal 270 days from the end of agreed period or the due date | less than or equal 360 days from the end of agreed period or the due date | 360 days from the end of agreed period or the due date |
| Facility type | Classification criteria | Special Mention | Substandard | Doubtful | Loss |
|---|---|---|---|---|---|
| Any triggered criteria stated under potential risk in this table. | (i) A declining trend in the operations of the borrower that signals a potential weakness in the financial position of the borrower, but not to the point that repayment is jeopardized; or (ii) Any economic and market conditions that may unfavorably affect the profitability and the business of the borrower in | (i) Inability of the borrower to meet contractual repayment terms of the credit facility; (ii) Weak financial condition or the inability of the borrower to generate sufficient cash flow to service the payments; (iii) Difficulties experienced by the borrower in | (i) The borrower exhibits more severe weaknesses than those in a ‘substandard’ credit facility, such that the prospect of full recovery of the outstanding credit facilities are questionable; or (ii) The probability of a loss is high, but the exact amount remains undeterminable as yet. (iii) Unfavorable economic and market conditions or operating problems | (i) Breach of any key financial covenant; by the borrower; (ii) The borrower is in a weak financial position or the ability of the customer to earn income is low, which indicates that the customer may not be able to service the debt; (iii) The business of the borrower has become uncertain or the borrower has used the funds obtained for the purposes other than |
| Facility type | Classification criteria | Special Mention | Substandard | Doubtful | Loss |
|---|---|---|---|---|---|
| for which they were meant; (iv) The borrower is deceased and there are no assets to repay the debt; (v) The borrower has ceased or dissolved his business and is in debt to other creditors with preferential rights over the whole of the borrower’s assets, where the said creditors’ total claims exceed the value of the borrower’s assets; (vi) The LFC has filed a bankruptcy suit against the borrower or has applied for participation in property with other creditors who have filed for bankruptcy, where the parties have agreed to restructure the debt | |||||
| with approval from the Court; (vii) The LFC has applied for participation in property with other creditors who have filed for bankruptcy; or (viii) The LFC is unable to contact or find the borrower. |
| Upgrade to PL | Special Mention | Substandard and Doubtful | Loss |
|---|---|---|---|
| Credit facilities repayable in daily basis | Period of 4 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 7 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 15 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. |
| Credit facilities repayable in weekly and bi-weekly basis | Period of 15 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 30 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 60 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. |
| Credit facilities repayable on monthly basis or more including bullet payments | Period of 90 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 180 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. | Period of 360 days after the date when first payment of interest or of principal, whichever is earlier, falls due under the rescheduled terms. |
1.1 BoD and the senior management are responsible for ensuring that the LFCs have appropriate credit risk practices, including an effective system of internal control, to consistently determine adequate impairment allowances in accordance with the policies and procedures of LFCs, the applicable Sri Lanka Accounting Standards and applicable prudential Directions.
1.2 LFC shall document and adhere to sound methodologies that address policies, procedures and controls for assessing and measuring credit risk on all financial assets. The measurement of impairment allowances should build upon those robust methodologies and result in the appropriate and timely recognition of expected credit losses in accordance with the applicable Sri Lanka Accounting Standards and applicable prudential Directions.
1.3 The aggregate amount of impairment allowances of LFCs, regardless of whether allowance components are determined on a collective or an individual basis, should be adequate and consistent with the objectives of the applicable Sri Lanka Accounting Standards and applicable prudential Directions.
1.4 LFC shall have policies and procedures in place to validate models used to assess and measure expected credit losses.
1.5 LFC shall use experienced credit judgment, especially in the robust consideration of reasonable and supportable forward-looking information, including macro-economic factors, to measure the expected credit losses.
1.6 LFC should have a sound credit risk assessment and measurement process with the support of adequate systems, tools and data to assess credit risk and to account for expected credit losses.
1.7 LFC’s public disclosures should promote transparency and comparability by providing timely, relevant and useful information.
Business models approved by BoD shall be in place to facilitate classification of financial assets. For this purpose, sufficient documentation on objectives, definitions, characteristics, criteria and operating policies along with adequate procedures and systems for assessing the business models on an on-going basis shall be in place.
3.1 If the objective of the business model of the LFC for its financial assets changes and its previous model assessment would no longer apply, reclassification is required between financial assets under the provisions of SLFRS 9.
3.2 In line with the requirements of SLFRS 9, such changes in business models and reclassifications shall be pre- approved by the BoD and shall be notified to the Director of Supervision of Non-Bank Financial Institutions within 7 working days of the date of such approval.
For the purpose of calculating life-time expected credit losses, as a minimum, if one or more of the following factors/conditions are met, it shall be considered as a significant increase in credit risk:
¹ Days past due shall be calculated from contractual due date of the payment.
ratings given in Finance Business Act Direction No.03 of 2018 – Capital Adequacy Requirements or as amended.
(a) Minimum criteria to be met by LFC
| Facility type | 2021/22 | 2022/23 |
|---|---|---|
| Credit facilities repayable in daily | 07 | 04 |
| Credit facilities repayable in weekly or bi-weekly basis | 30 | 15 |
| Credit facilities repayable monthly or more | 60 | 30 |
(iii) Stage 3: Based on the past due days given below:
| Facility type | 2021/22 | 2022/23 |
|---|---|---|
| Credit facilities repayable in daily | 15 | 07 |
| Credit facilities repayable in weekly or bi-weekly basis | 60 | 30 |
| Credit facilities repayable monthly or more | 120 | 90 |
(b) Guidance for computation of the Probability of Default (PD) and Loss Given Default (LGD) to be used as a minimum for the calculation of expected credit losses is as follows.
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