Foreign Currency Loan (FCL)

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CHAPTER 24

FOREIGN CURRENCY LOAN (FCL)

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CHAPTER -24
FOREIGN CURRENCY LOAN
INDEX

Para No Topic Page No


24 The Scheme 4
24 1 Purpose 4
24 2 Eligibility 4
24 3 Limit 5
24 4 Source 5
24 5 Currency 5
24 6 Quantum 5
24 7 Tenor 5
24 8 Rate of Interest/ Pricing 6
24 9 Validity of pricing 6
24 10 Charges 6
24 11 Guide lines for hedging FCL/FCTL 7
24 11 1 Delegated Authority for waiver of Hedge 7
24 11 2 Other related issues 8
24 12 Roll Over 9
24 12 1 Working Capital Finance 9
24 12 2 Term Loan 9
24 12 3 Rollover at existing level 9
24 13 Documentation 10
24 14 Modes of Repayment 10
24 15 Repayment 10
24 15 1 Working Capital 10
24 15 2 Term Loan 11
24 16 Cases 11
24 16 1 Case I 12
24 16 2 Case II 13
24 16 3 Case III 13
24 17 Prepayment 14
24 18 Treatment of Overdue 14
24 19 General Guidelines 14
24 20 Accounting 15

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24 21 Records / Reporting 15
24 22 Journal Entries 16
24 22 1 Inception 16
24 22 2 Recovery of interest 17
24 22 3 Crystallisation of interest income 17
24 22 4 Repayment 18
24 22 5 Inception ‘A’ cat branches 18
24 22 6 Recovery of interest 19
24 22 7 Repayment 19
Add No Addendum
1 FCL/FCTL-Calculation of Interest through 20
FINACLE
Annex No Annexure
1 REQUEST FOR AVAILMENT OF FOREIGN CURRENCY LOAN 24
2 PROPOSAL FOR FOREIGN CURRENCY LOAN 27

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24 The Scheme

Reserve Bank of India vide para 4 (I) (ii) of Notification No.FEMA-3/2000-RB dated
03.05.2000 permits Authorised Dealers to grant loans to their constituents in India
in Foreign Currency for meeting their Foreign Currency requirements or for their
rupee working capital requirements or capital expenditure subject to compliance
with prudential norms, interest rate directives and guidelines, if any, issued by
Reserve Bank of India in this regard. The scheme is mostly based on the earlier
notification by RBI.

In line with the permission given by RBI, a scheme is a scheme for grant of Foreign
Currency Loans to resident constituents is prepared by us, salient features of which
are as under:

24.1. PURPOSE:

FCL can be granted for following purposes:

1. Working Capital Purpose.


a. Importers to make payment of import bills received under import LCs
established on sight/usance basis or make payment of import sight/usance
bills received on collection basis for merchandise imports.
b. In substitution of Working Capital Demand Loan.
c. Outstanding in Cash Credit account.

2. Term Loan requirements.


a. To importer of capital goods under LC mechanism or outside LC mechanism.
b. In substitution of term loans approved by the bank in favour of constituents
in Indian rupees.
d. Pre-payment of high cost External Commercial Borrowings subject to RBI
norms, guidelines and prior approval wherever necessary.
e. Takeover of high cost term loans from other banks and financial institutions
in India.

24.2. ELIGIBILITY:

1 )Resident constituents of good track record and classified under Standard Assets
as per Prudential norms of classification.
2) Foreign currency loan will be considered of parties having credit ratings of CR1
to CR5 only.
3) Constituents with lower rating will be considered for FCL/FCTL only on a
selective basis. Generally, such exceptions will be considered only in case of
stressed accounts and with an intension of protecting the asset. GM (LC) and
GM(SME) will give clearance to such exception on case to case basis.
4) New account will be considered for FCL/FCTL on case to case basis by GM (LC)
and GM (SME), C.O. based on value of connection, allied business available to the
bank from the client etc.

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5) Other conditions relating to eligibility are as under
a) Limit should have been availed in Rupee before conversion to Foreign
Currency Loan
b) All terms and conditions of the sanction of the facility in INR should be
complied with fully. In case of term loan , as on date of availing FCL , there
should not be any overdue installment / interest.
c) Limits in INR enjoyed by constituent should not be overdue for renewal.

24.3. LIMIT:

1. FCL/FCTL be made available on short term basis with the existing credit
facilities sanctioned in Indian Rupees subject to approval by competent authority.
2. FCL in lieu of Cash Credit Limit will be restricted to 60 % of the sanctioned cash
credit limit. Exceptions will be approved by General Manager (IBD) depending upon
the availability of the foreign currency resources and the availability of working
funds with the customer to meet the day to day operational requirement. In any
case it should not exceed 80 % of the limit.
3. Adhoc limits approved shall not be eligible for FCL/FCTL.
4. No stand alone FCL/FCTL be sanctioned by credit sanctioning authority. Only
sub-limit with-in Rupee Credit to be approved. Availment and pricing shall be
determined by IBD subject to availability of the funds. Only in case of JVs/ WOS of
Indian Companies Foreign Currency Loans up to one year can be approved.

24.4. SOURCE:

1) FC funds representing deposit liabilities.


2) Any other source permitted by RBI.

24.5. CURRENCY:

Loans will be normally extended in US Dollars. Request for FCL in other currencies
i.e. GBP and EURO will be considered subject to availability of resources in that
currency.

24.6. QUANTUM:

1. Minimum amount of USD 0.50 Million or equivalent thereof.


2. The amount of FCL/FCTL will be restricted to only 60 % of the total limits
enjoyed by the party in INR. This amount should be more than the minimum
amount of USD 0.50 million stipulated above. GM (IBD), depending upon the
availability of the funds, may increase the quantum above 60 % subject to the
maximum of 80 %.

24.7. TENOR:

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1. FCL against working capital limits for a period of 6/12 months at a price
with at a price with benchmark LIBOR of 6/12 months.
2. FCTL beyond 12 months will be considered on case-to-case depending up on
the available funds and ALM. Pricing will be bench marked to either 6
months/ 12 months LIBOR only.

24.8. RATE OF INTEREST/PRICING:

1. Interest to be charged on floating rate basis and will be related to the LIBOR
corresponding to the tenor of the loan prevailing at the time of the disbursal of
the loan plus a predetermined spread.
2. LIBOR for shorter tenor with re-setting will be considered only at the discretion
of the bank.
3. Pricing of the FCL/FCTL will be done based on the Credit Rating enjoyed by the
constituents and the interest rate being charged on the rupee finance in
substitution of which the FCL/FCTL is considered.
4. Interest will be recovered separately from the party in Foreign Currency on
monthly basis. The same will be recovered at the end of every month as is done
in the case of loans in Indian rupees.
5. Re-setting of LIBOR if stipulated will be done at the agreed intervening periods
and interest will be recovered at the revised rates at the end of every month
including for the broken period if resetting is done during the month.
6. In case the FCL/FCTL Loan is denominated in USD, number of days for the calc
ulation of interest will be taken as 360 days in a year and for rest of the curren
cies viz GBP,EUR and JPY etc, 365 days in a year.
7. As the FCLs are mostly interest savings measures, the normal interest saved
should not exceed 2.5 %. Exceptions will be made for the following cases
a) In case of stressed accounts.
b) Where customer provides foreign currency resources through their friends
and relatives
c) Where loans for JV/WOS is sanctioned in foreign currency
d) Financing of Imports
e) Loan against FCNR deposits
f) Any other case as approved by CMD/ED

24.9. VAILIDITY OF PRICING:

The pricing given by IBD will be valid only for 15 days from the date of conveying of
the sanction to the borrower. The bank will have the liberty to re-price the loan if
the borrower desires to avail the same after the lapse of the said period of 15 days.

24.10. CHARGES:

Processing Charges at the rate of Rs 5,000/- per USD 5 mn. or part thereof with
minimum Rs 5,000/- will be recovered upfront by the branch concerned for
processing each request of a Foreign Currency Loan. Rollover of the FCL done with

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due date falling within a period of one year from the date of disbursal of the
original loan will be exempted from charging of processing charges. Any roll over
with repayment date beyond the period of one year from the date of disbursal of
the original loan will be charged processing charges on annual basis at the above-
specified rate of Rs 5,000/- per USD 5 mn, min Rs 5,000/-.This is over and above
normal credit processing charges. The charges will be revised periodically along
with other service charges.

24.11. Guide lines for hedging FCL/FCTL

These guidelines will apply to all Foreign Currency Loan/ Foreign Currency Term
Loans given to customers including exporters and importers.

All customers except those specified below having availed Foreign Currency Loan in
substitution of working capital, Working Capital Demand Loan or Term Loan in
Indian Rupees, shall hedge their currency exchange risk through one or more
derivatives product offered by the bank.
Exceptions
a) Where there is a natural hedge by means of future foreign currency flows by
exports in foreign currency. Export customers having un-hedged surplus
export receivables to the extent of FCL/FCTL can seek exemptions from
hedging from the competent authority.
b) Where the loan in foreign currency is granted for meeting forex expenditure
provided the customer has un-hedged export receivables to the extent of
loan.
c) Corporates who have exchange risk management cell and have laid down
policies manages the overall exposure of the company on a regular and day-
to-day basis through their experienced dealers in foreign exchange. The
company should give the details of such arrangements along with other
details as required by the bank and seek specific exemptions from the
hedging of FCL and also undertake to bear the exchange risk and absorbs
any losses arising from keeping their positions open. The competency of the
persons manning the cells, past track record of risk management, policy of
the company on exchange risk etc should be ascertained by the branch.

24.11.1. Delegated Authority for waiver of Hedge

Delegated authority for permitting waiver of booking forward contracts or other


derivatives is as follows

Delegation at FGMO

(i) All customers having unhedged exposure less than USD 2.00 Mio would be
generally asked to fully hedge their unhedged foreign currency exposure through

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one or more derivatives like forwards, options etc. However, in exceptional case,
FGMO may permit waiver based on financial strength of the customers, Credit
Rating, association with our bank provided collateral upto 25% of fund based
exposure is obtained. Permitting obtaining collateral less than 25% rests with CAC-
II for unhedged exposure less than USD 2.00 Mio.
(ii) Unhedged exposure more than USD 2.00 Mio to USD 5.00 Mio provided account
otherwise falls within delegated authority of FGMO or below

Delegation at CAC-II
Unhedged exposure more than USD 5.00 Mio to USD 25.00 Mio provided account
otherwise falls within delegated authority of CAC-II or below.

Delegation at CAC-I
Unhedged exposure more than USD 25.00 Mio to USD 50.00 Mio provided otherwise
falls within delegated authority of CAC-I or below.

Delegated authority for permitting waiver of booking forward contracts or other


derivatives with regard to unhedged exposure more than USD 50 Mio, rests with
MCM.

24.11.2. Other related issues

a) Branch Manager will have delegated authority to book forward contract, options
and other hedging products to the extent of FCL/FCTL. This limit for forward hedge
will be over and above the limit available to exporters & importers as per IC No
7916 dated 27.02.2008.
b) Forward cover for repayment of the Foreign Currency Loan for appropriate
maturity is to be booked at the time of disbursal of the Foreign Currency Loan.
c) Forward contract for the repayment of the installments falling due during the
currency of the FCL and for conversion of the balance amount at the end of the
tenor of the FCL into Indian Rupees is to be booked at the time of disbursal of the
FCTL.
d)Past track record of the client, risk management policy of the client, experience
of the persons managing the treasury operations of the company, Net Worth,
Turnover etc
e) Internal credit rating of the client is preferably CR 5 and above While approving
waiver, the approving authority may also stipulate obtaining collaterals specifically
for unhedged foreign currency exposure i.e. collaterals need not be common for all
limits.

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f) The approving authority would also take into consideration the customer‟s ability
to pass on their input cost fluctuations to the market.
g) All such unhedged exposure should be priced for credit risk premium as per
internal credit rating.
h) The clients, who have been approved waiver, should undertake that –
i) It has the capability and financials to absorb the losses, if any, arising out of
unhedged exposure.
ii) It will at appropriate time hedge its position to the extent of 100% of UFCE
progressively and if called upon to do, will arrange to furnish acceptable
securities/margins/collaterals etc
iii) Such undertaking is to be signed by the Director/Chief Financial
Officer/Finance Director/Partner or any person who heads the Finance / Treasury
operations.

24.12. ROLLOVER:

24.12.1. Working Capital Finance:


Rollover of the loan may be considered at the request of the party and at the
option of the bank with fresh pricing, for a maximum period of 12 months.

24.12.2. Term Loan:


Rollover of the Term Loan may be considered at the request of the party and at the
option of the bank with fresh pricing for a period of 12 months to 3 years but not
beyond the tenor of the original rupee loan.

NOTE: The party should make Request for rollover of the FCL, two weeks prior to
the date of repayment.

24.12.3. Rollover at existing level

In order to obviate the delays, FGM/ DGMs head of regions not coming under
jurisdiction of FGMO are empowered to permit rollover of FCL/FCTL at the existing
level after getting the fresh pricing from IBD, CO, as the facility is fully secured
and regular Working Capital Limits / Term Loan sanctioned by the competent
authority are earmarked. The FGM/ DGMs head of regions not coming under
jurisdiction of FGMO cannot sanction FCL/FCTL by earmarking Working Capital
Limits/ Term Loans but permit only the rollover of FCL/FCTL originally sanctioned
by the competent authority.

Rollover of FCL/FCTL at the existing level can be permitted by the FGM provided
- Limits are in force and valid documents held on records
- All sanction stipulated have been complied with

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- There are no audit or other irregularities persisting in the account
- Operations in the account are satisfactory
- No deterioration in credit rating
- No overdue in any facility
- Rollover of FCL/FCTL by FGM will be permitted only for a period of 6
months at a time. Rollover for longer tenors will be referred to the
competent authority under the policy.

24.13. DOCUMENTATION:

In addition to security documents being obtained for rupee finance following


documents are to be obtained for working capital FCL:
1. Letter of request as per specified format (annexure1)
2. Demand Promissory (DP) Note in foreign currency
3. Board Resolution to avail loan in Foreign Currency.
4. Agreement of Hypothecation (Annexure II) to avail working capital directly in
Foreign Currency.
5. Draft agreement of modification (for disbursal of working capital demand loans
in substitution of finance outstanding in INR.)
6. Undertaking to execute any other additional documents.

All other terms and conditions of sanction as well as formalities regarding


registration of charge, collateral security, personal guarantees etc. as stipulated in
sanction advice are to be complied with.

Documentation for the Foreign Currency Term Loans and facilities in substitution of
C/C Hyp facility are under compilation. Till such time, apart from the
documentation obtained for the rupee finance, the undertaking to execute any
other additional documents should be obtained. The documents obtained should be
vetted as per the prescribed guidelines by RO/the Bank's advocate on approved
panel.

24.14. MODES OF REPAYMENT:

Foreign Currency for repayment of the loan and interest thereon can be recovered
from the party in any of the following manner:

o Purchasing of Foreign Currency from the market at contracted rate or at ready


rate in cases where booking of forward contract is waived by the appropriate
authority.
o Debit to EEFC a/c.
o Inward remittance or out of export proceeds for which no PC has been granted.

24.15. REPAYMENT:

24.15.1. Working Capital:

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o Bullet repayment (lump sum) of the principal amount in foreign currency on the
date of repayment at the pre-agreed exchange rate (incase where forward
contract/ hedge contract is booked) or at ready rate where booking of forward
contract/hedge contract is waived by the sanctioning authority.
o Consequent to the volatility and depreciation of rupee in case of FCL/FCTL,
there could be occasions of the outstanding in Rupee terms are in excess of the
sanctioned limits on account of adverse exchange rate movement. In such case,
the actual outstanding in Rupee terms should be determined on the basis of the
rate at which the forward contract/ hedge contract is booked. In case, no
forward contract/ hedge contract has been booked, the outstanding should be
determined on the basis of the ongoing TT selling rates. On the due date, if
there is any excess in the loan on converting into Indian rupees as compared to
the loan amount in rupees terms as per original sanction terms, which may be
on account of forward premium / adverse moment of rates, it should be
recovered immediately.
o If further rollover is requested by the customer, it should be recommended for
the original amount of Rupee loan sanctioned. In other words, the rupee
equivalent of FCL should not exceed loan amount sanctioned even in cases of
rollover.
o In the event the reconverted amount is less than the amount originally
sanctioned due to forward discounts enjoyed or favourable movement of spot
rates, the benefit should be passed to the customers accounts classified as
"Standard Assets." The benefit however should not be passed on in case of
irregular accounts and the benefit accrued should be utilized for reduction of
the exposure by way of the outstanding in the working capital facilities to the
extent required.
o Interest to be recovered separately every month at the current ready
rate/forward rate.

24.15.2. Term Loan


o Repayment of the term loan in FC will be as per the original repayment
schedule determined for the Indian Rupee term loan.
o The installments payable in Indian Rupees as per the original repayment
schedule during the currency of the FCTL will be converted into FC at the same
ready TT buying rate at which the outstanding loan in INR is converted into
FCTL.
o Payment of the installments in foreign currency as per the repayment schedule
and re-conversion of loan in INR at the end of the tenor of the FCTL will be
done at the pre-agreed exchange rate (incase where forward contract/ hedge
contract is booked) or at ready rate where booking of forward contract is
waived by the sanctioning authority.
o On re-conversion of liability into INR, any excess in the amount so converted as
compared to the loan amount as per sanction terms, on account of forward
premium / adverse movement of spot rates should be recovered immediately to
ensure that the balance outstanding after such recoveries tallies with the
outstanding installments as per the original sanction/ repayment schedule.
Further rollover if requested by the customer should be for only such amount

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that would have remained outstanding in Indian Rupees after reckoning
payment of the installments which would have fallen due during the period of
FCTL.
o In the event the reconverted amount is less than the amount originally
sanctioned amount due to forward discounts enjoyed or favorable movement of
spot rates, the benefit should not be passed to the customers. The rollover
should be recommended if requested by the customer at the reduced amount.
The original repayment schedule to that extent has to be realigned. The
benefit if it is to be passed on to customers, should be done only with approval
of sanctioning authority and only in case of accounts classified as "Standard
Assets."
o In case where FCTL is sanctioned
o Interest to be recovered separately every month.

24.16. Cases
For the purpose of better understanding, we give below the examples for fixing of
repayment schedules:

24.16.1. Case I

Term loan for Rs.6,00,00,000/- repayable in quarterly installments in 24 months


converted into foreign currency term loan of matching tenor.

Steps to be initiated by the account maintaining "B" category branch:-


 Obtain TT buying rate from Treasury branch, Mumbai for adjustment of Term
Loan outstanding in INR. Rate obtained say 1 USD = INR 60.00
 Control Term Loan in Foreign Currency for USD 1 mn, through Foreign Currency
Settlement Account (USD).
 Raise POB/Debit Advice on Treasury Branch, Mumbai for Rs 6.00 crs and adjust
term loan outstanding in INR.
 Book forward contracts as per terms of sanction for repayment of instalments
falling due as under.
o The Rupee term loan as per the original repayment schedule is
repayable in 8 equal quarterly instalments over a period of 24 months
each quarterly instalment will be Rs 75 lacs.
o TT buying rate for Spot conversion USD 1 = INR 60.00
o 8 quarterly instalments will be due within tenure of the foreign currency
term loan.
o Each instalment at the above TT buying rate of USD 1 = INR 60.00 will
work out to USD 1.25 lacs.
 The above term loan for USD 1 mn. will be repayable in 8 quarterly instalments
of USD 1.25 lacs.
 Interest to be recovered separately in foreign currency every month at the
stipulated rate of interest.
 Do resetting of LIBOR as per stipulations.

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24.16.2. Case II

The above referred term loan for Rs 6,00,00,000/- repayable in quarterly


installments in 24 months is converted into foreign currency term loan for a
period of 12 months only.

Steps to be initiated by the account maintaining "B" category branch:-


 Obtain TT buying rate from Treasury branch, Mumbai for adjustment of Term
Loan outstanding in INR. Rate obtained say 1 USD = INR 60.00
 Control Term Loan in Foreign Currency for USD 1 mn, through Foreign Currency
Settlement Account (USD).
 Raise POB/Debit Advice on Treasury Branch, Mumbai for Rs 6.00 crs and adjust
term loan outstanding in INR.
 Book forward contracts as per terms of sanction for repayment of instalments
falling due, which will work out as under:
o The Rupee term loan as per the original repayment schedule is
repayable in 8 equal quarterly instalments over a period of 24 months
each quarterly instalment will be Rs 75 lacs.
o TT buying rate for Spot conversion USD 1 = INR 60.00
o 4 quarterly instalments will be due within tenure of the foreign currency
term loan.
o Each instalment at the above TT buying rate of USD 1 = INR 60.00 will
work out to USD 1.25 lacs.
 Forward contracts to be booked for repayment of 4 instalments for USD 1.25
lacs each and for conversion of balance amount of USD 5 lacs at the end of
tenure of FCTL into Indian Rupees to be controlled as INR term loan.
 Forward Contract Rate obtained for conversion of balance amount of FCTL of
USD.5 lacs at the end of the tenor of the FCTL i.e. after 12 months into Indian
Rupee term loan is say USD 1 = INR 61.00
 Amount converted into Rupees will be USD 5 lacs X 61 = INR 3.05 crs.
 Obtain the then prevailing TT selling rate at the end of the tenor of 12 months
if forward contract is not booked for the conversion of the balance amount into
INR term loan.
 Amount, which should be outstanding as per the original repayment schedule
for repayment of INR Term Loan at the end of the tenor of 12 months, will be
Rs 3.00 crores.
 Rs 5 lacs will be recovered from the party upfront and the Indian Rupee term
loan will be controlled at Rs 3.00 crores only.
 Similar procedure to be adopted when rollover is done so that rupee liability
remains as per original terms of repayment.

24.16.3. Case III

The company has been sanctioned Working Capital Demand Loan of Rs 12.00
crores.
The company request for conversion of WCDL to FCL with prior approval of the
sanctioning authority. It is converted into FCL USD @ 60.00 and the loan amount is

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USD 20,00,000. Forward contract up to due date is booked @ Rs 59.00. On due date
FCL is converted into Rupee Loan which comes to Rs 11,80,00,000/-.Less amount of
Rs 20.00 lacs has to refund the party.

The original amount of Rs 12.00 crores is rolled over at current exchange rate of Rs
59.00 and the FCL is USD 20,33,898.

24.17. PRE-PAYMENT:

Pre-payment of the loan is not permitted. However, in the event of pre-payment


of Foreign Currency Loans the funding costs with a minimum penalty of 1% per
annum (irrespective of whether there is funding cost involved or not) is to be
levied on the amount prepaid/adjusted, for the un-expired period of the loan. The
concerned branch is to recover the amount from the party and remit the same to
Treasury Branch, Mumbai.

24.18. TREATMENT OF OVERDUES:

o In case party is not in a position to repay any particular installment of the


FCTL, said installment will be crystallised utilizing the forward contract booked
or at the prevailing TT Selling rate by debiting the amount to the original term
loan account in Indian Rupees. The overdues in the term loan controlled in
Indian Rupees will attract penal interest rate and other provisions applicable to
overdue accounts. Such overdue to be reported to Regional Office immediately
and steps taken for adjustment of the same.
o If the above overdue amount is not fully recovered within a period of 90 days,
the entire outstanding in the FCTL will be crystallized using the prevailing TT
Selling rate. All forward contracts booked for repayment of the future
installments will be cancelled and profit or loss on the same will be to the
account of the borrower. Any deviation from this condition will have to be
approved by Executive Director.

24.19. GENERAL GUIDELINES:

o Application for the loan to be made by the borrower in the format enclosed as
annexure No.24(1)
o The branch concerned will forward the application on the format enclosed vide
annexure No.24(2) to Large Corporate Dept/ SME Dept. through their
controlling office with a copy to IBD for pricing purpose.
o Specific recommendations regarding the spreads to be stipulated are to be
made by the branch and endorsed by the controlling office. It should be the
effort of branch to keep themselves informed of market rates specially those
being offered by consortium member banks / other banks and persuade the
applicant to accept market realistic spreads. Branches while recommending the
spread over LIBOR should also take into account the loss of spreads that the
bank will suffer if the finance was to continue as a Rupee advance.

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o Pricing will be conveyed by IBD to Branch as well as Large Corporate Dept/ SME
Dept. with a copy to the Treasury Branch, Mumbai / FGMO/ RO. Large
Corporate Dept/ SME Dept. will convey the final sanction of the Foreign
Currency Loan including the pricing to the concerned branch/FGMO/RO.
o Loans are made available at 'A' category branches and designated 'B' category
branches. In case of customers of 'C' category branches, loans to be controlled
at designated 'B' category branch. 'C' category branches should control
drawings/adjustment in dummy loan ledger without passing accounting entries
and show outstanding loan amount as a footnote in W-1 STATEMENT.
o Permission to control the loan at “C” category branch will be given by IBD on
selective basis on recommendation of the concerned FGMO and after
ascertaining that the necessary expertise is available at the “C” category
branch to handle transactions in foreign currency.
o Transactions are to be reported to Treasury branch, Mumbai, two clear days
prior to draw down confirming compliance of sanction stipulations including
obtaining of security documents. Treasury branch, Mumbai will quote interest
rate taking into account the relevant ruling LIBOR + agreed spread.
o In case of Rupee conversion, transactions are to be reported to Treasury
Branch, Mumbai on the day of draw down and entries to be passed at the
exchange rate (TT Buying) obtained.
o The loan is to be availed within 15 days from the date of conveying of the
sanction to the party. However, disbursal of the loan after 15 days of
communication of the sanction will be at the sole discretion of the Bank as the
pricing conveyed will be valid only for 15 days. The bank reserves the right of
re-pricing of the loan in case of disbursal of the same beyond 15 days of the
conveying of the sanction.
o The account should be monitored as per our usual guidelines issued for the
monitoring of respective loans which otherwise would be outstanding in
Indian Rupees. It is the primary responsibility of the branch where the loan
was sanctioned to monitor the operations, verify securities and renew the
limits.
o If for any reason, as per the prevailing guidelines issued for the monitoring
of the various loans (Non submission of stock statement, MSOD, QIS etc.) the
account becomes liable for charging of penal interest, the same at 2% should
be recovered in foreign currency till the time the loan is outstanding in
foreign currency till the time the loan is outstanding in foreign currency.

24.20. ACCOUNTING TREATMENT:

o Term Loans -- Inland Term Loans - G.L. code 556009


o Working Capital -- Inland Loans repayable on Demand GL code 544001.
(Including CC Hyp)

24.21. RECORDS AND REPORTING:

o Borrowing branch to maintain separate numbering register for Foreign


currency Loan in substitution of working capital facilities and term loans

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(separate folios in one register for this purpose can be allocated), recording
the following details:

Date Ref No. Name of Customer Currency Amt. in FC


_(1)__________(2)_______________(3)____________(4)__________(5)_________

Amt. In Rs. at Tenor Due date Interest


Remarks
Notional rate
___(6)______________(7)______________(8)_____________(9)_________(10)___

o Monthly report on loans granted is to be sent by Treasury Branch, Mumbai


and to IBD in the format stated above.
o The liability of the customers to be controlled by designated branch, both in
Foreign Currency as well as in Rupees. Dual currency posting at control rate
at the forex dept. and in rupees in subsidiary and general ledger level.
Separate customer wise / advance wise accounts to be opened in Dual
Currency ledgers at forex dept. Dual currency ledger to be maintained for
each currency separately.

24.22. JOURNAL ENTRIES:


(At designated 'B' category branch)

24.22.1. INCEPTION
Inception

1. At the time of disbursal of the loan in foreign currency.


Dr. Foreign Currency Loan a/c.(Name of the customer)
Cr. Foreign Currency Settlement a/c.
[Amt. of Foreign Currency Loan at notional rate after informing Treasury Branch,
Mumbai and obtaining rate of interest]

(Dual currency voucher / posting)

In case of utilisation for payment of import bills,


o Send payment instructions
o Inform payment details to 'A' category branch
o In case Nostro account of any other 'A' category branch, other than Treasury
Branch, Mumbai is operated, instruct Treasury Branch, Mumbai to transfer
funds to that 'A' category branch.

2. In case of conversion of foreign currency loan into Indian rupees for domestic
purchase purposes, obtain ready purchase (TT Buying) from Treasury Branch,
Mumbai

Dr. Local Branch / POB a/c. FEX, Treasury Branch, Mumbai

16
Cr. Customer's CD/CC/WCDL/TL a/c.
[Entry to be passed in rupees by converting amount of FCL reported to Treasury
Branch, Mumbai at the exchange rate (TT Buying) obtained from them].

24.22.2. RECOVERY OF INTEREST


Recovery of Interest

I. Accounting for Interest receivable:


Dr. Foreign Currency Loan a/c.
Cr. Foreign Currency Settlement a/c.
[Amt. of interest calculated at the interest rate obtained from Treasury Branch,
Mumbai converted at notional rate] -
(Dual currency voucher/posting.)

II. Recovery of interest in foreign currency can be made either by;


1. Sale of the foreign currency to the borrower after obtaining TT Selling rate
from the Treasury Branch, Mumbai.

i) Dr. C.D., CC a/c. of Customer


Cr. Local Branch a/c. / C.O. a/c. Treasury Branch, Mumbai
[Entry to be passed in Rupees for sale of foreign currency to the borrower at TT
selling rate obtained from Treasury Branch, Mumbai towards repayment of amount
of interest].

ii) Dr. Foreign Currency Settlement a/c.


Cr. Foreign Currency Loan a/c.
[Actual recovery of the Interest in foreign currency from the borrower]
(Dual currency voucher/posting).

2. Recovery of interest from EEFC account.


Dr. EEFC a/c
Cr. Foreign Currency Loan a/c
[Actual recovery of interest in foreign currency from EEFC account of the
borrower.]
(Dual currency voucher/posting).

24.22.3. CRYSTALIZATION OF INTEREST INCOME


Crystallisation of interest income

To be done immediately on the day it is charged and recovered from the borrower.
The amount of interest to be crystallized at TT Buying rate to be obtained from
Treasury Branch, Mumbai.

Dr. Local Branch a/c. / POB a/c. FEX Treasury Branch, Mumbai
Cr. Income a/c interest on loans/cash credits/overdrafts etc. (FCD 44).
Cr. Local Branch a/c / CO, "C" category branch.

17
[Amount of interest recovered in foreign currency from party crystallized and
accounted as income of the branch. Income pertaining to "C" category branch
remitted to the concerned "C" category branch]

24.22.4. REPAYMENT
REPAYMENT

Repayment of the loan in foreign currency after recovery of interest up to date in


foreign currency can be made either by;
1. Sale of the foreign currency to the borrower after obtaining TT Selling rate
from the Treasury Branch, Mumbai / Utilisation of forward sale contract
booked.

i) Dr. CD/CC/WCDL/TL a/c. of Customer


Cr. Local Branch a/c. / C.O. a/c. Treasury Branch, Mumbai
[Entry to be passed in Rupees for sale of foreign currency to the borrower at TT
selling rate obtained from Treasury Branch, Mumbai / Utilisation of forward sale
contract towards repayment of amount of principal].

ii) Dr. Foreign Currency Settlement a/c.


Cr. Foreign Currency Loan a/c.
[Actual recovery of the principal amount in foreign currency from the borrower]
(Dual currency voucher/posting).

2. Recovery of the principal from EEFC account.


Dr. EEFC a/c
Cr. Foreign Currency Loan a/c
[Actual recovery of principal amount in foreign currency from EEFC account of the
borrower.]
(Dual currency voucher/posting).

3. Recovery by way of inward remittance.


Dr. Foreign Currency Settlement a/c.
Cr. F. C. Loan a/c
[Treasury branch to be informed of the inward remittance and disposal instructions
to be given for retaining the amount in foreign currency for the repayment of F. C.
Loan]

JOURNAL ENTRIES:
(At designated 'A' category branch)

24.22.5. INCEPTION
Inception

1. For making import payments etc.


Dr. Foreign Currency Settlement a/c.
Cr. Nostro

18
[Amt. of Disbursal of the Foreign Currency Loan at notional rate by way of payment
made through Nostro]
(Dual currency voucher / posting)
2. Conversion of foreign currency loan into Indian rupees for domestic purchase
purposes.

Dr. Foreign Currency Settlement a/c. (Notional Rate)


Cr. L/B, C.O. (Ready Rate)
Dr./Cr. Income a/c exchange (Difference)
[Entry to be passed in for disbursal by way of converting amount of FCL at the
exchange rate (TT Buying)].

24.22.6. RECOVERY OF INTEREST


Recovery of interest

1. Sale of foreign currency for interest recovery from customers.


Dr. L/B, POB (Ready Rate)
Cr. Foreign Currency Settlement a/c. (Notional rate)
Dr./Cr. Income a/c exchange (Difference)

2. Recovery of interest from EEFC account.


Dr. Foreign Currency Settlement a/c.(Notional Rate for payment out of
EEFC)
Cr. Foreign Currency Settlement a/c.(Notional Rate for Interest on FCL)

3. Purchase of foreign currency representing Income earnings of "B" category


branch.
Dr. Foreign Currency Settlement a/c. (Notional Rate)
Cr. L/B, POB (Ready Rate)
Dr./Cr. Income a/c exchange (Difference)

24.22.7. REPAYMENT
Repayment

1. Recovery by Rupee payment.


Dr. L/B, POB (Ready Rate)
Cr. Foreign Currency Settlement a/c. (Notional Rate)
Dr./Cr. Income a/c exchange (Difference)

2. By payment from EEFC account.


Dr. Foreign Currency Settlement a/c.(Notional Rate for payment out of
EEFC)
Cr. Foreign Currency Settlement a/c.(Notional Rate for FCL repayment)

3. By inward remittance.
Dr. Nostro (Notional Rate)
Cr. Foreign Currency Settlement a/c.(Notional Rate)

19
24.23 Addendum FCL/FCTL-Calculation of Interest through Finacle

The process of calculation of interest in FCL/FCTL accounts


will be effective from the month ended November, 2014.
Branches are informed that for calculation of interest for the
existing accounts for the first time, they have to run the above
process once before end of November, 2014 from beginning of
the account to the date upto which interest was last
calculated/ charged, say 31st October, 2014, to enable the
system to calculate and register the interest upto above date
for future calculation. Once the same is done, Branches are to
run the process for the current month for which the interest
will be calculated, say from 1st November, 2014 to last date of
the month or the date of the month upto which interest is to be
recovered.

Sr.No. Process Description Action

1. Interest Recording of - Go to Menu Option `INITM'


interest rate - Function 'DX
Rate in the existing - A/c./Bill/Disb : 'A'
accounts - A/c./Bill/Disb. ID : Enter
FCL/FCTL Account No.
- Press F4.
In the next screen :
- In field `A/c. Bill Pref. Int.
Dr.', enter the rate of
interest as approved by
DFB&IBD, i.e. total of applicable
LIBOR and spread. For
example, if the interest has
been approved at 6 Months'
LIBOR+500 basis points, the
branch shall enter the total
of LIBOR as given by Treasury
Branch at the Time of
reporting the FCL/FCTL
transaction, say 0.33% and the
spread 500bps, i.e. total
5.33%.
- In field 'Start Date', give
the date on which the
FCL/FCTL account was
actually opened.

20
- Press F10.
- Get it verified.
For new For any new FCL/FCTL
accounts opened accounts to be opened from
from date of date of issue of the revised
issue of this guidelines, interest rates as
circular and described above to be
thereafter. entered in field A/ c .
Pref.Int. (Dr.)' at the time of
opening only.
2. Calculation Interest amount Menu Option `LADGEN'
of Interest for the relevant - Enter currency of
Amount in period will be FCL/FCTL.
Foreign calculated in the
currency - Enter A/c No. in field 'A/C
respective From' and To‟ (separately
currency of for each of the accounts).
FCL/FCTL - Enter D' in field 'Interest
Print Details'
- Enter 'N' in field 'Force
Interest Run' .
- In field 'Interest Till Date',
enter the date up to which
interest has been last
calculated manually and
recovered in the previous
month (say, 31-10-2014).
- Generate the report.
Once the above process has
been completed for the
interest calculation upto
previous month for which
interest has been calculated
manually by the branches,
the branches shall do the
following process for the
current month in which the
interest is to be charged.

- Enter date upto which


interest is to be calculated in
field 'Interest Till Date',
say 28-11-2014.
- Press F4 and generate the
report from background.
- Print the report.
- For each account, the
interest report to be
generated separately.

21
3. Application Accounting All the accounting entries as
of interest entries to be per the extant guidelines to
passed be passed through 'TM' Menu.

RECOVERY OF INTEREST:

I. Accounting for Interest receivable:

Dr. Foreign Currency Loan a/c.

Cr. Foreign Currency Settlement a/c.


(Dual currency voucher/posting.)

II. Recovery of interest in foreign currency can be made either by;

1. Sale of the foreign currency to the borrower after obtaining TT


Selling rate from the Treasury Branch, Mumbai.

i) Dr. C.D., CC a/c. of Customer


Cr. Local Branch a/c. / C.O. a/c. Treasury Branch, Mumbai
[Entry to be passed in Rupees for sale of foreign currency to the
borrower at TT selling rate obtained from Treasury Branch, Mumbai
towards repayment of amount of interest].

ii) Dr. Foreign Currency Settlement a/c.


Cr. Foreign Currency Loan a/c.
[Actual recovery of the Interest in foreign currency
from the borrower] (Dual currency oucher/posting).

2. Recovery of interest from EEFC account.

Dr. EEFC a/c


Cr. Foreign Currency Loan a/c
[Actual recovery of interest in foreign currency from EEFC account
of the borrower.] (Dual currency voucher/posting).

III. Crystallisation of interest income:

22
To be done immediately on the day it is charged and recovered
from the borrower. The amount of interest to be crystallized at
TT Buying rate to be obtained from Treasury Branch, Mumbai.

Dr. Local Branch a/c. / POB a/c. FEX Treasury Branch,


Mumbai

Cr. Income a/c interest on loans/cash


credits/overdrafts etc. Cr. Local Branch a/c / CO, "C"
category branch.

23
24.24. ANNEXURES

24.1. ANNEXURE (1) REQUEST FOR AVAILMENT OF FOREIGN CURRENCY LOAN

Annexure 24(1)
The Manager
Union Bank of India
__________ Branch.

Dear Sir,

Request for availment of Foreign Currency Loan

I/We request you to grant us Foreign Currency loan as per details shown herein
below:

1. Amount of Loan:

2. Purpose of Loan: 1. Working Capital Purpose


a. To make payment of sight/usance import bills
received
i. Under LC mechanism
ii. Outside LC mechanism
b. In substitution of Working Capital Demand Loan.
c. In substitution of outstanding in Cash Credit
account

2. Term Loan requirements.


a. Import of capital goods
i. Under LC mechanism
ii. Outside LC mechanism
b. Substitution of term loans outstanding with our
bank.
c. Prepayment of ECB in terms of RBI norms.
d. Takeover of high cost borrowings of other
banks/financial institutions.

3. I/We undertake to repay the Loan, together with the interest at rates as
stipulated by the bank, on maturity date in one of the following ways.
a. By submission of Export documents for purchase
b. From proceeds of Exports bills sent on collection basis.
c. By purchase of Foreign Currency from the Bank on maturity, at Banks
Spot Selling rate; or at the agreed rate in case of forward contracts.
d. Out of balances in EEFC account.

4. The loan will be availed by me/us within 15 days from the date of conveying of
the approval by the bank. I/We undertake to pay commitment charges @ 1%

24
p.a. for the period of delay in availing of the loan beyond 15 days from the date
of communication of sanction of the facility by the bank to me. I/We on the
amount of FCL sanctioned will pay such commitment charges. In addition I/We
understand that bank has the liberty to do the re-pricing of the loan, as the
pricing will be valid for 15 days only.
5. In case the Loan is required to be extended for a further period, I/we shall give
a request for extension sufficiently in advance (at least two weeks notice), to
enable Bank to consider the same. It is understood that any extension/Rollover
of the Loan is at the option of the bank and subject to availability of foreign
currency funds of appropriate maturity and at fresh pricing.
4. I/We authorize bank to recover interest by debit to CD/C.C. accounts at
appropriate TT selling rate/forward contract rate on a monthly basis and
before adjustment/ extension/Rollover of the Loan.
5. In the event of prepayment of the loan, I/we undertake to pay the funding cost
subject to minimum of 1% p.a. (irrespective of whether there is a funding cost
involved or not) on the amount outstanding at that time for the un-expired
period of the loan.
6. It is understood that outstanding under „Foreign Currency Loan‟ is exposed to
Exchange Rate Risk. I/We undertake to hedge the exchange risk, either by
matching export receivables to the amount and maturity or by booking of
Forward Contract. It is understood that Exchange Cover is to be taken, unless
the Bank permits waiver of the same. In case of waiver, the bank may stipulate
a suitable margin, in lieu of Exchange cover, which I/we undertake to maintain
with the Bank. In case the exchange risk of Foreign Currency Loan remains,
uncovered, I/we undertake to repay the Loan plus interest thereon, by
purchase of Foreign Currency from the bank at appropriate rate prevalent on
the date of repayment.
7. In the unlikely event of Foreign Currency Loan becoming overdue, we
undertake to abide by the banks policy on crystallization of the foreign
currency exposure into Indian Rupees and pay overdue interest at appropriate
rate specified by the bank from time to time, for the overdue period.
8. I/We undertake to apply the amount of Foreign Currency Loan advanced by the
bank to me/us exclusively towards the purpose specified above in para 2.
9. I/We further undertake to execute such documents as may be required by the
bank in the form and the manner prescribed by the bank from time to time and
also discharge such obligation which may arise out of the aforesaid request and
consequential granting of the above loan to me/us.
10. I/We undertake agree that in the event of breach of any of the Terms
mentioned herein above/and or contained in the agreement executed by
me/us, to be executed by me/us, with the bank from time to time and/or
Terms and Condition prescribed by the bank from time to time, the bank shall
be entitled to recall the said loan along with interest due.
11. I/We undertake to adjust the said loan along with interest due in Foreign
Currency within one week from the date of receipt of notices issued by the
Bank.
12. In the event of any dispute regarding interpretation of the Terms of this
letter/and or agreement that will be executed by me/us, the interpretation

25
that may be made by the Bank shall be final and conclusive and binding on
me/us.
13. I/we agree and undertake to comply with the provision of all statutes, rules,
regulations made from time to time in respect of Import/Export of goods.
14. Nothing in this letter of request, shall entitle me/us to claim any right, to get
the aforesaid loan in foreign currency and the bank shall be entitled to grant or
refuse the said loan it its sold discretion.

26
24.2. ANNEXURE (2) PROPOSAL FOR FOREIGN CURRENCY LOAN
Annexure 24(2)

UNION BANK OF INDIA

PROPOSAL FOR FOREIGN CURRENCY LOAN

INFORMATION TO BE PROVIDED BY THE BRANCH

1. NAME OF BRANCH :

2. NAME OF "B"/"A". CATEGORY :


BRANCH THROUGH WHICH FEX
BUSINESS ROUTED
(APPLICABLE TO C CAT. BR.)

3. BORROWER PROFILE

 NAME OF THE BORROWER :

 OFFICE ADDRESS :

 YEAR OF ESTABLISHMENT :

 BANKING WITH US SINCE :

 LINE OF ACTIVITY :

 NAME OF DIRECTORS :
/PARTNERS/PROPRIETOR

 ADVANCE SINCE :

 ASSET CLASSIFICATION : STD/SUB-STD/DOUBTFUL/LOSS


SINCE______________

4. LIMITS DETAILS

 LIMITS VALID/RENEWED :
UPTO

 SANCTIONING AUTHORITY :

5. LIMIT PARTICULARS

 SANCTIONING AUTHORITY :

27
 MONTH OF REVIEW :

 LIMIT DATA :
(RS. IN LACS)
NATURE OF LIMIT OUTSTANDING TURNOVER FOR OVERDUES
FACILITY AMOUNT AS OF_______ 1 YEAR (IF ANY)

6. RATING AS PER SCORING :


PATTERN

7. RATE OF INTEREST CHARGED

 ON WORKING CAPITAL :

 ON TERM LOANS :

8. FINANCIAL ANALYSIS

 SALES TURNOVER :

 NET PROFIT :

 NET WORTH :

 CURRENT RATIO :

 DEBT / EQUITY RATIO :

 GENERAL COMMENTS ON :
FINANCIALS

9. PRESENT REQUEST FOR


CONVERSION INTO FCL

 NATURE OF LIMIT AND O/S :

 AMOUNT OF INR OUTSTANDING :


TO BE CONVERTED INTO
FOREIGN CURRENCY LOAN

28
 TENOR OF LOAN :

 NO. OF INSTALLMENTS :

 PERIODICITY OF : MONTHLY / QUARTERLY / HALF YRLY


INSTALLMENTS YEARLY / BULLET

 INTEREST : FIXED / FLOATING

 INTEREST RATE : ______MTS. LIBOR + ________BPS


(AS REQUESTED BY CUSTOMERS)

 RESETTING OF INTEREST IF ANY :

 RECOVERY OF INTEREST : MONTHLY

 FORWARD EXCH. COVER : TO WAIVE / NOT TO WAIVE

10. AUDIT IRREGULARITIES IF ANY :

11. HIGHLIGHTS OF MONITORING :


REPORTS

12. GENERAL EXPERIENCE OF :


THE CONDUCT OF THE A/C.

13. RECOMMENDATION :

DATE: CHIEF MANAGER/ASST. GEN. MANAGER

FOR USE BY ZONAL OFFICE / FGMO

DETAILS FOR SANCTION / RECOMMENDATION

29
 AMOUNT OF F. C. LOAN :

 TENOR OF F. C. LOAN :

 INTEREST RATE : _______MTS. LIBOR + _______BPS

 INTEREST TO BE CHARGED : QTLY / HALF. YR. RESTS./ BULLET

 FORWARD COVER : 1. TO WAIVE / NOT TO WAIVE

 DOCUMENTS NEEDED

i ) BOARD RESOLUTION TO AVAIL FOREIGN CURRENCY LOAN

ii) DEMAND PROMISSORY NOTE IN FOREIGN CURRENCY

iii) AGREEMENT OF HYPOTHECATION

iv) AGREEMENT OF MODIFICATION

v) UNDERTAKING TO EXECUTE ADDITIONAL SECURITY DOCUMENTS


AS MAY BE PRESCRIBED.

vi) UNDERTAKING TO BEAR EXCHANGE RISK IN THE EVENT LOAN IS PAID


IN DOMESTIC CURRENCY OR IN ANY OTHER CONVERTIBLE CURRENCY.

vii) ANY OTHER DOCUMENTS TO BE SPECIFIED:

SANCTIONED / DECLINED / RECOMMENDED TO C.O.

DATE: REGIONAL HEAD / ZONAL HEAD / GENERAL MANAGER

FOR THE USE OF CENTRAL OFFICE

DATE:

30

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