Download CBN Approves New Prudential Guidelines for Banks

CBN Approves New Prudential Guidelines for Banks
The Central Bank of Nigeria (CBN) has issued new Prudential
Guidelines to banks. The guidelines, which became effective from May
1, 2010, addresses various aspects of banks’ operations, such as risk
management, corporate governance, know your customer (KYC), antimoney
laundering,
counter
financing
of
terrorism,
loan
loss
provisioning, peculiarities of different loan types and financing different
sectors of the economy, among others.
The CBN stated in the document circulated to banks and signed by the
Director of Banking Supervision, Samuel Oni, that the guidelines
became necessary to correct the extremely fragile financial system
that was tipped into crisis by the global financial meltdown, which
manifested in macro-economic instability, major failures in corporate
governance, lack of investor and consumer sophistication, inadequate
disclosure and transparency, uneven supervision and enforcement and
critical gaps in prudential guidelines.
In the new risk management guidelines, the CBN directed banks to
prepare comprehensive credit policy duly approved by their Board of
Directors, and that the policy should among others cover loan
administration, disbursement and appropriate monitoring mechanism
and should be reviewed at least every three years. The new guideline
stipulated that the tenure of external auditors in a given bank shall be
for a maximum period of 10 years from date of appointment after,
which the audit firm shall not be reappointed in the bank until after a
period of another 10 years.
The total outstanding exposure by a bank to any single person or a
group of related borrowers is fixed at a maximum of 20 per cent of the
bank’s shareholders’ fund unimpaired by losses while aggregate large
exposures
in
any
bank
should
not
exceed
eight
times
the
Shareholders’ fund unimpaired by losses. “The top 50 exposures
should not be more than 50 per cent of the total loan portfolio and
must be in at least 10 different sectors or industries. All banks must
ensure
that
they
have
policies
in
place
to
address
portfolio
concentration and the policies must be strictly adhered to,” the
guideline stated.
It further stipulated that the “Specialised loans” exposure of a bank
shall not exceed 20 per cent of total loan portfolio net of provision of
the bank - including off balance sheet engagement, adding that any
excess over 20 per cent prescribed limit without the CBN approval
shall be subject to full provision and should be part of general
provisions on a quarterly basis. The CBN also put a limit on exposures
to directors and significant shareholders, stating that a director or a
significant shareholder should not borrow more than 1 per cent of a
bank’s share capital except with the prior approval of the CBN. It also
said that the maximum credit to all insiders should not exceed 10 per
cent of share capital.
It defined significant shareholding as a holding of at least 5 per cent by
individually or in aggregate of bank’s equity, adding that a bank’s total
exposure on contingent liabilities should not be more than 150 per
cent of its shareholders’ funds unimpaired by losses. On bankers’
acceptances and commercial papers, the guideline specified that the
issuance and treatment of Bankers Acceptances and Commercial
Papers shall be in line with the CBN’s “Guidelines on the issuance and
treatment of Bankers Acceptances and Commercial Papers” issued on
November 18, 2009 or as may be advised by the CBN from time to
time.
It directed that all banks must obtain credit report from at least two
credit bureaus before granting any facility to their customers just as all
banks should provide evidence that a search has been conducted on
the borrower in the CBN’s Credit Risk Management System (CRMS)
database. Addressing margin lending, the guidelines stipulated that all
banks involved in margin lending shall comply with the guidelines
issued by the CBN and the Securities and Exchange Commission (SEC)
on Margin Lending for banks, brokerage firms, asset managers and
other financial institutions.
The guidelines prohibit banks from paying dividend on its shares until
all its preliminary expenses, organisational expenses, shares selling
commission,
brokerage,
amount
of
losses
incurred
and
other
capitalised expenses not represented by tangible assets have been
completely written off and that adequate provisions have been made
to the satisfaction of the CBN and the bank has complied with all
capital ratio requirement as specified by the monetary authority.
The CBN mandated that on Investment in fixed assets that the
maximum amount which a bank can invest in fixed assets is 25 per
cent of its shareholders’ funds unimpaired by losses, adding that the
tolerable limit of ratio of non- performing loans to gross loans is 10 per
cent. Banks are also to maintain a loan to deposit ratio of not more
than 80 per cent. The CBN put the minimum ratio of capital to total
risk-weighted assets of banks at 10 per cent and that at least 50 per
cent of a bank’s capital shall comprise paid-up capital and reserves,
while every bank shall maintain a ratio of not less than 1:10 between
its adjusted capital funds and total credit net of provisions.
While encouraging banks to maintain a higher level of capital
commensurate with their risk profile, it stated Tier 2 capital is limited
to 100 per cent of Tier 1 capital. The guidelines also require banks to
have themselves credit rated by a credit rating agency on a regular
basis and that the credit rating should be updated on a continuous
basis from year to year, within six months from the date of close of
each financial year and the rating report complete in all respects be
submitted to the CBN.
The new guideline upheld the maximum tenure of 10 years earlier
stipulated for Chief Executive Officers of banks, “All CEOs who would
have served for 10 years by July 31, 2010 shall cease to function in
that capacity and shall hand over to their successors. Where a bank is
a product of merger, acquisition, take-over or any other form of
combination, the ten years period shall include the pre and post
combination service years of a CEO provided that the bank in which he
previously served as CEO was part of the new bank that emerged after
the combination.
“Any person who has served as CEO for the maximum tenure in a
bank shall not qualify for appointment in his former bank or
subsidiaries in any capacity until after a period of 3 years after the
expiration of his tenure as CEO.“In order to ensure both continuity and
injection of fresh ideas, non-executive directors should not remain on
the board of a bank continuously for more than 3 terms of 4 years
each, i.e. 12 years,” the CBN stated.
By Emele Onu
THISDAY May 14, 2010