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Guidance to banks on non-performing loans − NPL recognition
the borrower has breached the covenants of a credit contract (EBA)
e) the disappearance of an active market for that
financial asset because of financial difficulties
disappearance of an active market for the debtor's financial instruments
3 (a) Institution puts the credit obligation on non-
accrued status.
(c) the lender, for economic or legal reasons
relating to the borrower’s financial difficulty,
grants the borrower a concession that the lender
would not otherwise consider
credit institution stops charging of interest (also partially or conditionally)
direct write-off
3 (b) Institution recognises a specific credit
adjustment resulting from a significant perceived
decline in credit quality subsequent to the
institution taking on the exposure.
write-off against provisions
value adjustment (specific loan loss provisions (LLP) booking)
3 (c) Institution sells the credit obligation at a
material credit-related economic loss.
claim sold with loss which is credit-related
3 (d) Institution consents to a distressed
restructuring of the credit obligation where this is
likely to result in a diminished financial obligation
caused by the material forgiveness or
postponement of principal, interest, or, where
relevant, fees. This includes, in the case of equity
exposures assessed under a probability of
default/loss-given default (PD/LGD) approach,
distressed restructuring of the equity itself.
(c) the lender, for economic or legal reasons
relating to the borrower’s financial difficulty,
grants the borrower a concession that the lender
would not otherwise consider
restructuring with a material part which is forgiven (net present value (NPV)
loss)
restructuring with conditional forgiveness
3 (e) Institution has filed for the obligor's
bankruptcy or a similar order in respect of an
obligor’s credit obligation to the institution, the
parent undertaking or any of its subsidiaries.
d) it is becoming probable that the borrower will
enter bankruptcy or other financial reorganisation
credit institution or leader of consortium starts bankruptcy/insolvency
proceedings
International Swaps and Derivatives Association (ISDA) credit event
declared
out-of-court negotiations for settlement or repayment (e.g. stand-still
agreements)
3 (f) Obligor has sought or has been placed in
bankruptcy or similar protection, where this would
avoid or delay repayment of a credit obligation to
the institution, the parent undertaking or any of its
subsidiaries.
d) it is becoming probable that the borrower will
enter bankruptcy or other financial reorganisation
obligor has filed for bankruptcy or insolvency
third party has started bankruptcy or insolvency proceedings
payment moratorium (sovereigns, institutions)
*) If collateral or a guarantee is called, this usually means that the non-performing definition is directly fulfilled (realisation of collateral).
**) The withdrawal of a license is especially relevant in the context of companies which need a public license to conduct their business, such as banks and insurance companies. In
some Member States this can also encompass companies such as telecommunications and media companies, pharmaceutical companies, mining and extraction companies or
transport companies.
***) Economic lifetimes are especially important in the context of project-financing types of loans. Generally, the expected net cash flow from a project during its economic lifetime
should exceed the loan obligation including interest payments. Beyond the economic lifetime, cash flows are typically less reliable and less plannable due to factors such as
obsolescence, the need for major re-investments or refurbishments and an increasing likelihood of technological failure. Economic lifetimes do not represent maximum tenors, which
can or should be approved when granting loans. Nevertheless, a debtor can be expected to be in financial difficulties if cash flows from a project are not sufficient to service loan
obligations within its economic lifetime.
****) Asset-based loans can appear in different forms (Lombard loans, margin loans, asset-based secured by real estate – such as reverse mortgages, asset-based secured by
receivables etc.), but they have in common the fact that the institution does not rely on the borrower's income or cash flow to repay the loan, but instead lends money against an
asset. Borrowers are typically required to maintain a certain loan-to-value ratio throughout the lifetime of the loan. This loan-to-value ratio can also appear in the form of a minimum
equity covenant, e.g. in the case of real estate finance. If this ratio is exceeded, the borrower has to replenish the equity stake (“margin call”) or the credit institution has the right to
call the loan and to sell the collateral. Typically, banks also have significantly higher initial equity requirements for asset-based loans than for secured cash-flow-based loans. This is
required in order to maintain a cushion for volatility of the price of collateral and to cover the cost of selling the collateral.
5.3 Link between NPEs and forbearance
5.3.1 General definition of forbearance
For the purposes of this guidance the EBA definition of “forbearance” in Commission
Implementing Regulation (EU) No 680/2014, in particular paragraphs 163-183 of
Annex V, is used. This section focuses on aspects of this definition where
supervisors have noted inconsistent implementation.