Collateral Requirements
CM-1.5.6
When the credit decision is primarily based on
collateral value, independent and timely appraisals of thecollateral by a third party valuation expert must be undertaken, and thelicensee must ensure that the collateral value is sufficiently higher than the exposure amount.Added: June 2022CM-1.5.7
The requirement in Paragraph CM-1.5.6 shall not apply to publicly traded instruments that are provided as collateral for which daily fair value is available from independent sources.
Added: June 2022CM-1.5.8
Islamic bank licensees can utilise the transaction structure,collateral and guarantees to help mitigate risks (both identified and inherent) in individual credits, but transactions must be entered into primarily on the strength of the obligor’s repayment capacity.Collateral cannot be a substitute for a comprehensive assessment of the obligor orcounterparty , nor can it compensate for insufficient information. It must be recognised that any credit enforcement action (e.g. foreclosure proceedings) can eliminate the profit margin on the transaction. In addition,Islamic bank licensees need to be mindful that the value ofcollateral may well be impaired by the factors that have led to the diminished recoverability of the credit.Islamic bank licensees must have a policy covering the acceptability of various forms ofcollateral , procedures for the ongoing valuation of suchcollateral , and a process to ensure that thecollateral is, and continues to be, enforceable and realisable. With regard to guarantees,Islamic bank licensees must evaluate the level of coverage being provided in relation to the credit-quality and legal capacity of the guarantor.Licensees must be careful when making assumptions about implied support from third parties, such as the government.Added: June 2022CM-1.5.9
The value of the collateral must be updated periodically. In adverse market conditions and in the case of collateral that support Stage 2 and 3 credit exposures, the valuations must be conducted at least annually. If the exposure is backed by inventory or goods located in the obligor’s premises, additional measures must be in place to physically inspect and verify the existence and valuation of the collateral.
Added: June 2022CM-1.5.10
Since expected credit loss (ECL) provisions are dependent on the recoverable value of
collateral held,Islamic bank licensees must obtain appropriate valuations of thecollateral . Thelicensee must have a reliable and timelycollateral valuation system which must include factors such as the legal enforceability of claims oncollateral , ease of realisation ofcollateral , effects of currency and maturity mismatches, and be based on current market conditions.Added: June 2022