2019-01-31
The Central Bank of the Republic of Kosovo mandates non-bank financial institutions engaged in lending or leasing to implement comprehensive credit risk management systems, including defined strategies, organizational structures, and reporting protocols. The regulation establishes a five-tier credit classification framework ranging from standard to loss, alongside mandatory loan loss provisioning rates of 20 percent for substandard, 50 percent for doubtful, and 100 percent for loss exposures. Institutions must rigorously document rescheduling decisions, apply split classification rules where collateral protects portions of exposures, and submit periodic risk reports to their boards while remaining subject to CBK supervisory reviews and punitive measures for noncompliance.
1 prej 15 Pursuant to Article 35, paragraph 1, subparagraph 1.1, of the Law No. 03/L-209 on Central Bank of the Republic of Kosovo (Official Gazette of the Republic of Kosovo, No.77 / 16 August 2010), Article 49, paragraph 3 and and Article 114 of the Law No. 04/L-093 on Banks, Microfinance Institutions and Non-Bank Financial Institutions (Official Gazette of the Republic of Kosovo, No.11 / 11 May 2012, the Board of the Central Bank of Republic of Kosovo, at the meeting held on January 31, 2019, approved the following: REGULATION ON CREDIT RISK MANAGEMENT FOR NON-BANK FINANCIAL INSTITUTIONS CHAPTER I GENERAL PROVISION Article 1 Purpose and scope
Article 2 Definitions
2 prej 15 1.3 Non-performing loans - defined as the loans classified in the categories of credit classification as: doubtful and loss. 1.4 Rescheduled loans - are defined as loans that have been restructured and re-negotiated between NBFI and borrowers because of a deterioration in the financial position of the borrower or of the borrowers inability to meet the original repayment schedule. 1.5 Delinquent interest - is defined as interest which is not paid before the loan is being rescheduled, which includes regular interest and late payment. 1.6 Fair market value - is the price at which an asset would sell for in the open, free market, with the free willingness of the buyer and seller, and no pressure is applied to either of them. 1.7 Sustained performance - is defined as at least four contractual payments of principal and interest, according to the repayment schedule. 1.8 Split Classifications - means that a portion of the client’s exposure is adequately protected or better protected than other parts of the exposure. 1.9 Director - means any person appointed by the shareholders/founders to serve as a member of a NBFI’s Board of Directors and approved by the CBK. 1.10 Senior Manager - means the chief executive officer, deputy chief executive officer, chief financial officer, chief operating officer, chief risk officer and any person, other than a director, who (i) reports directly to the Board or participates or has authority to participate in major policymaking functions of the NBFI, whether or not such person has an official title or receives compensation for such actions, and (ii) is designated as a senior manager by the CBK. In the case of a foreign NBFI registered to operate one or more branches in Kosovo, the manager of the principal branch in Kosovo will be deemed to be a member of senior management. 1.11 NBFI Related Person - means any person that maintains with the NBFI at least one of the following relationships: 1.11.1 any Senior Manager or Director of the NBFI and any principal shareholder or founder of the NBFI; 1.11.2 any person who is related to a Senior Manager or Director or principal shareholder or founder of the NBFI by marriage or consanguinity to the second degree; 1.11.3 any legal entity in which a Senior Manager or Director or principal shareholder or founder of the NBFI is also a principal shareholder or founder; 1.11.4 any person that has a significant interest in a legal entity in which the NBFI has a significant interest;
3 prej 15 CHAPTER II GENERAL REQUIREMENTS ON CREDIT RISK MANAGEMENT Article 3 Credit Risk Management System
4 prej 15 4. Policies on credit risk management shall be reviewed on a regular basis, at least annually, and they shall minimally include: 4.1 Mission statement; 4.2 Definition of acceptable and unacceptable types of credit exposures; 4.3 Desired portfolio mixture; 4.4 Desired portfolio maturity distribution; 4.5 Market segment defined; 4.6 Lending terms: pricing, maturity and down payment/capital requirements; 4.7 Financial information required; 4.8 Definition of a qualified borrower; 4.9 Acceptable collateral and margins; 4.10 Lending authorities and approval process; 4.11 Lending limits for loan officers regarding their loan portfolio; 4.12 Exposures of related persons; 4.13 Procedural and accounting guidelines for non-performing credits, credits in process of collection, write-offs and recoveries; 4.14 Guidelines for restructuring credit; 4.15 Internal reports related to credit risk management; 4.16 Organization of the credit function.
Article 5 Organizational Structure for Credit Risk Management
5 prej 15 4.2 approve credit risk management policy and monitor its implementation; 4.3 review the appropriateness of the approved policy and procedures at least on an annual basis; 4.4 review the credit risk reports: 4.4.1 At least every six months, the Board of Directors should be briefed on the overall credit risk exposure of NBFI and should review, at the very minimum, the following; 4.4.1.1 The amount of exposure undertaken in credit activities, broken down by categories (type of exposures, products and level of credit grades); 4.4.1.2 Large concentrations of credit; 4.4.1.3 Past due loan list which identifies problems and NBFI’s potential loss on each significant past due loan; 4.4.1.4 Status of significant rescheduled loans; 4.4.1.5 Credit areas with high rapid growth; 4.4.2 On an annual basis, to the Board of Directors should be given a report containing a list of all existing credit products. The report should contain, at minimum, the target markets of the credit products, their performance and their credit quality. 4.5 define possible exceptions from the defined limits and assign responsibility for deciding on the application of such exceptions; 4.6 monitor the efficiency of internal controls, as an integral part of the credit risk management system. 5. The Risk Management Committee shall: 5.1 monitor the credit risk management policy and give proposals for its continual review and revision; 5.2 assess the credit risk management system; 5.3 analyse the reports of the NBFI’s credit risk exposure and monitor the management of this risk; 5.4 determine and regularly revise the internal credit indicators and credit risk exposure limits; 5.5 establish clear delineation of lines of authority and responsibility for managing credit risk. 6. The NBFI’s Management shall: 6.1 approve and monitor implementation of credit risk management procedures;
6 prej 15 6.2 create an environment for following the credit risk management policy; 6.3 establish an adequate system of reporting to the Board of Directors and the Risk Management Committee on any noncompliance with the credit risk exposure limits; 6.4 establish proper channels of communication to ensure that the credit risk management policy and credit risk tolerances are clearly communicated to and adhered by all appropriate levels of the institution; 6.5 ensure that adequate and effective operational procedures, internal controls and systems for identifying, measuring, monitoring and controlling credit risks are in place, to implement the credit risk management policies approved by the Board of Directors; 6.6 establish a comprehensive credit risk reporting process; 6.7 establish an effective management information system to ensure timely, accurate and informative reporting of credit risk exposures; 6.8 ensure that sufficient resources and competent personnel are allocated to manage and control the daily operations and credit risk management functions effectively; 6.9 perform periodically an independent assessment of the NBFI’s credit granting function. CHAPTER III ASSESSMENT OF CREDITS AND THE ESTABLISHMENT OF LOAN LOSS PROVISION AND CLASSIFICATION Article 6 Credit Classification
7 prej 15 3.1. Standard Loans includes all credit risk exposures that carry normal credit risk. Available information concerning the credit exposure, the performance of the customer’s account, and the financial data do all indicate that the settlement of the exposure is reasonably certain without difficulties, (or the obligation is fully secured by eligible collateral, defined in Article 17, paragraph 2, of this Regulation). The loan is current, or delinquency is less than 30 days from the date of due payment or maturity. 3.2. Special Attention (or Watch) Loans. This classification should be used to identify and monitor exposures, which contain weaknesses or potential weaknesses that, at the time of review, do not jeopardize the repayment of the credit or reflect a potential for loss, but which, if not addressed or corrected, could result in the deterioration of the credit to a substandard or more severe classification. Absent any documented evidence to the contrary, NBFIs must classify as “special attention” those exposures that are overdue from 31 -60 days. This category of classification is intended for NBFI to identify and address potentially weak relationships at an early stage. This classification may also be used for credits or groups of credits that are poorly structured as a result of insufficient analysis or technical knowledge by the lending officer(s). This category should not be used for exposures that have documentation weaknesses that do not affect adversely the repayment potential of the exposure. 3.3. Substandard Loans includes exposures which, based upon a review of all factors attendant to the credit, have well defined credit weaknesses that jeopardize repayment of the credit in the normal course. A substandard credit is one which, by an analysis of financial data and other factors, is not currently protected by the sound worth and paying capacity of the borrower or guarantors or the value of the collateral, if any. Recourse to a responsible and able guarantor for repayment that would involve prolonged negotiations before liquidation of the credit would invoke a substandard classification. The need for recourse to the collateral as the means of satisfying the obligation also would be the basis for a substandard classification. Absent any documented evidence to the contrary, an exposure must be classified at least substandard if any of the following criteria apply: 3.3.1. The customer is overdue in repaying contractual instalments (including interest) for 61- 90 days. 3.3.2. The maturity/expiration date of the loan or other loan exposures is 61-90 days past due without repayment. 3.4. Doubtful Loans includes exposures which, based upon a review of all factors attendant to the credit, contain all the weaknesses that are inherent in a substandard credit, but which are so pronounced that there is a strong probability that a significant portion of the principal amount will not be paid. There is a likelihood of loss, but the exact amount cannot be clearly defined at the time of review or is dependent upon the occurrence of a future act or event. Although the possibility of loss is thus extremely
8 prej 15 high, because of significant pending factors, reasonably specific, which could be expected to work to the advantage and strengthening of the asset, its classification as an estimated loss is deferred until more exact status may be determined. Examples of such pending factors include but are not limited to mergers, acquisitions, capital restructuring, furnishing of new collateral or realistic refinancing plans. Uncooperative guarantors or those who are in weak financial condition should not be considered as being able to provide strength to the credit. Recourse to any available collateral that would not be sufficient to cover the amount owing may also justify a doubtful classification. Absent any documented evidence to the contrary, an exposure must be classified at least doubtful if any of the following criteria apply: 3.4.1. The customer is overdue in repaying any contractual installment (including interest) for 91-180 days. 3.4.2. There are deficiencies in the customer’s financial condition that have caused losses. 3.4.3. The maturity/expiration date of the loan or other loan exposures is 91-180 days past due without repayment. 3.5. Loss Loans includes exposures which, based upon a review of all factors attendant to the credit, are of such little value or will require such an extended period to realize any value. An exposure must be classified as bad (loss) if any of the following criteria apply: 3.5.1. The customer fails to repay a contractual instalment (including interest) for over 180 days. 3.5.2. The maturity/expiration date of the loan or other loan exposures are over 180 days past due without repayment. Article 7 Rescheduling of Loan Exposures
9 prej 15 3. NBFIs are prohibited from capitalizing delinquent interest into the principal amount of any credit exposure or from creating an additional exposure to the person or a related interest of that person in order to pay the delinquent interest. Therefore, in case of rescheduling the loan exposure, the NBFI is allowed to treat the delinquent interest through preparing a payment plan without interest which includes a reasonable period. 4. Rescheduled exposure must be (done) written with payment plan, including principal and interest. The payment plan must fit the nature of the borrower’s business. 5. Rescheduled loan exposures must be classified at the minimum substandard category or worse and will continue to be classified at the same category until sustained performance is observed. After the completion of each period of sustained performance, the NBFI can classify rescheduled loan exposures for one category better. Article 8 Treatment of Multiple Loans to a Single Borrower or Group of Related Borrowers
10 prej 15 Article 9 Split Classifications The CBK recognizes that the factors surrounding a particular exposure (value and liquidity of collateral security, partial guarantees, different sources of repayment, etc.) can result in situations where a portion of the exposure is adequately protected or better protected than other portions. In such situations, where the credit factors are documented and assured, NBFIs are permitted to split the classifications, and the corresponding provisioning requirements, in order to portray more appropriately the actual credit risk. Article 10 Classification of Assets Where the NBFIs have taken Title/Ownership
Article 11 Classification of Other Assets
11 prej 15 Article 12 Rates for Loan Loss Provisioning
12 prej 15 2.3 NBFIs methodologies for determining general provisioning shall be reviewed by the CBK during on-site examinations. Any such methodologies and underlying data shall be reviewed and updated at least on annual basis. Article 13 Treatment of Accrued Interest
13 prej 15 1.1 Credit exposures not covered by collateral and classified under the “loss” category must be written off from the balance sheet within twelve (12) months after being classified as “loss”. 1.2 Credit exposures not covered by pledge collateral and classified as “loss” must be written off from the balance sheet within twenty-four (24) months after being classified as “loss”. 1.3 Credit exposures covered by collateral in the form of mortgages and classified as “loss” must be written off from the balance sheet within forty-eight (48) months after being classified as “loss”. 1.4 Credit exposures covered by collateral in both pledge and mortgage form shall, in the event where the mortgage covers over fifty per cent (50%) of the exposure at the moment of approval, for the purposes of the write-off, be treated in accordance with paragraph 1.3 of this Article. 1.5 The list of written-off loans shall, under the requirements of this Article, be reported on regular meetings to the NBFI's Board of Directors. While writing-off of exposures to NBFI-related persons shall only be done upon prior approval by NBFI Board of Directors. Article 15 CBK Actions Related to Classification
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Article 18 Reporting to CBK NBFIs shall report to the CBK the classification of credits and other assets which produce credit risk, as well as the establishment of reserves for loan loss provisioning, accordingly to the requirements set out in the CBK Regulation on Reporting of Non-Banking Financial Institutions.
15 prej 15 Article 19 Penalties and Remedial Measures Violations to the provisions of this Regulation shall be subject to remedial measures and penalties provided for in the Law on Central Bank and the Law on Banks, Microfinance Institutions and Non-Banking Financial Institutions. Article 20 Abrogation Upon the entry into force of this Regulation, the provision of Article 18, paragraph 1, subparagraph 1.3 of the Regulation on the Registration, Supervision and Activities of NonBanking Financial Institutions shall be abrogated. Article 21 Entry into Force This Regulation shall enter into force 15 days after its singing. Flamur Mrasori The Chairperson of the Board of Central Bank