Banking. Forms of security for bank loans. Collateral operations of banks (the most important)

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Banking. Forms of security for bank loans. Collateral operations of banks (the most important)

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Topic 51. Forms of collateral for bank loans. Pledge operations of banks

Banking legislation stipulates that banks must issue loans against various forms of loan collateral. The most important types of credit collateral are: collateral, guarantees, suretyship, credit risk insurance, assignment (assignment) in favor of the bank of the borrower's claims and accounts to a third party, etc. The borrower can use one or more forms as collateral. Security obligations for loan repayment are drawn up together with the loan agreement and are a mandatory attachment to it (business loan obtaining technology).

PLEDGE AGREEMENT. The collateral must ensure not only the repayment of the loan, but also the payment of the corresponding interest and penalties under the agreement. In addition, the market value of the mortgaged property may decline over time, so in all cases the value of the collateral should be higher than the size of the loan requested. The subject of collateral is any property, as well as securities. and property rights. Pledgor is a person to whom the pledged item belongs by right of ownership or full economic management. There are two types of collateral:

a) in which the collateral may remain with the pledgor;

b) in which the subject of pledge is transferred to the disposal of the pledgee. The first type of collateral is the most common.

GUARANTEE AGREEMENT - the guarantor undertakes to be responsible to the creditor of another person (borrower, debtor) for the latter’s fulfillment of his obligation. With a guarantee, the guarantor, along with the debtor, is also liable to the creditor for failure to fulfill the obligation. A guarantee is a special type of surety agreement used to secure an obligation only between legal entities. As a guarantor - a higher organization, the founder and any other organizations, including a bank. The only condition in this case is the stability of the financial position of the guarantor himself. The guarantee is formalized by a letter of guarantee, which is presented to the lending bank.

Credit risk insurance as a form of ensuring loan repayment is a mutually beneficial transaction for all participants. The borrower is guaranteed against loss of business reputation in case of late repayment of the loan; the bank receives high guarantees of loan repayment, although it is not a direct participant in the insurance transaction; The insurance company receives remuneration for its services (Insurance disputes).

CESSION - assignment in favor of the bank of the borrower's claims and accounts to a third party, formalized by a special agreement or contract. The Bank has the right to use the proceeds received only to repay the loan and pay interest on it.

Pledge transactions. One of the types of active banking operations is lending secured by securities. and property. The peculiarity of credit transactions secured by collateral is that a loan is not issued for the entire cost, but only for 50-70%.

A pawnshop loan is a short-term loan secured by easily salable property. C.b. can be used as collateral and in contract credit. To determine the lending limit, the borrower provides the CB with a working capital flow plan. The debt limit on a current account is defined as the difference between the enterprise’s need for working capital and the available sources of working capital (Bank operations).

Banks can open special loan accounts for enterprises, for which bills of exchange are accepted as security. Typically, the amount of the loan provided is 60-90% of the bill amount. These loans are structured as demand loans and are called call loans. They pay interest rates similar to the rates on loans, but for the bank such loans are more profitable, because in the event of non-repayment of the loan, it can be covered by the amounts received in payment of bills. Unlike accounting for bills of exchange, when receiving an on-call loan, the bills of exchange are transferred to the bank only as collateral and interest on the on-call account is accrued as the funds are used, which allows the company to reduce the actual loan rate (Lending to small and medium businesses).

Authors: Shevchuk D.A., Shevchuk V.A.

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