Title
Credit Limits for Project Fice Exposures
Law
Circular No. 1001
Decision Date
May 7, 2018
The Monetary Board's Circular No. 1001 establishes credit exposure limits for project finance loans by banks and quasi-banks, capping individual loans at 25% of the lender's net worth while ensuring compliance with government priority programs and implementing necessary prudential controls.
A

Credit Exposure Limits for Quasi-Banks (QBs)

  • Similar 25% limit on total liabilities to a single borrower based on combined capital accounts.
  • Applies also to project finance loans to SPEs, with the same conditions as banks.
  • Compliance with large exposure and credit risk concentration rules is required.

Loans to Subsidiaries and Affiliates

  • Total loans, credit accommodations, and guarantees to subsidiaries/affiliates capped at 10% of the lending bank's net worth.
  • Project finance loans to SPE subsidiaries/affiliates have a 25% limit with a maximum unsecured portion of 12.5% when operational.
  • Such loans must align with government priority projects and be subject to prudential controls.
  • Subsidiaries/affiliates must not be related interests of certain officers or stockholders.
  • Aggregate limits for related party transactions apply.

Exclusions from Loan Limits

  • Non-risk credit exposures are excluded, including:
    • Loans secured by government obligations or U.S. Treasury notes.
    • Loans fully guaranteed by the government.
    • Loans covered by deposit assignments or hold-outs.
    • Loans to foreign embassies (deemed as loans to their central governments).
    • Other exposures specified by the Monetary Board.
  • Certain loan accommodations, underwriting results, and foreign securities lending are also excluded.

Procedures and Prudential Requirements

  • Lending banks/QBs must implement safeguards such as:
    • Pledge of borrower’s shares.
    • Assignment of borrower’s assets.
    • Assignment of revenues and cash waterfall accounts.
    • Assignment of project documents.
  • Limits on project finance loans must consider total exposures to manage large risk concentrations.

Effectivity

  • The Circular takes effect 15 calendar days after publication in the Official Gazette or a newspaper of general circulation.

Key Legal Concepts

  • Distinct credit limits exist for general and project finance exposures.
  • Special provisions protect creditors’ interests in project finance loans.
  • Emphasis on alignment with government priority projects.
  • Clear differentiation of subsidiaries and affiliates in exposure limits.
  • Specific exclusions reduce measured credit risk for compliance assessment.
  • Harmonization with existing guidelines on large exposures and credit risk concentrations ensures systemic safety.

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