Warehouse Receipts and Collateral Management Presentation to FICCI New Delhi 17th July 2004
Agenda z
Current Status of z
Warehouse receipts
z
Issues before Lenders
z
Exchange physical settlements
z
‘Collateral Management’ concept
z
Role and Functions of Collateral manager
z
Risks and mitigants
Efficient commodity markets z z z z z z z
Multiple buyers and multiple sellers Price discovery platform Price dissemination Transparent clearing and reliable settlement Spot and Futures markets Commodity based credit Commodity based tradable warrants
Essential elements for efficient post-harvest markets
Commodity based finance and warrants z Policy environment z Market information support z Recognition of trader z State as facilitator and regulator z Stable and low interest rates z No controls on stocking, movement and prices
z Legal framework z Contractual rights of parties protected z Facilitate trading in warehouse receipts Enablers by and large in place
Commodity based finance and warrants z Institutional framework z Sound banking system z Futures exchanges z Price stability z Network of warehouses z Collateral Managers
The concern is on warehouses and collateral managers
Warehouse receipt z Document stating the ownership of commodity z Specified quantity, quality and grade z Warehouse location , storage fee etc.
z Can be sold or used to raise a loan z Used for delivery against a derivative instrument like futures contract z Converts agricultural produce or other inventory to a tradable warrant
Legal status of warehouse receipt z z
Conventionally accepted as a ‘document of title’ Transferability contingent on terms and conditions of issuer or by law z
z
Generally issued as transferable receipt
Not a bearer instrument Need endorsement for transferring the rights z Notice of endorsement need to be submitted to warehouse z
z
Non-negotiable instrument
Limited usage in India; conventionally low status even in comparison to B/L, AWB, R/R and L/R
Key issues in current warehouse receipt structure z Warehouse receipt not a negotiable instrument in India z Transfer of title is possible with endorsement z But title not free from any outstanding claims z Weakens its status as a ‘security interest’
z Low credibility of the ‘warehouse' issuing the receipt z No independent warehouse accreditation body
z Lack of z Performance guarantees and reliable insurance cover z Confidence in quantity and quality of underlying commodity Credibility of warehouse receipt needs to be enhanced
Prerequisites for negotiability status z z
Grading standards for commodities Market’s confidence in the warehouse operators Independent approval or accreditation z Insurance and performance guarantee z External supervision and monitoring z
z z z
Confidence in quality and quantity of stock Circulation of genuine receipts Easy transferability of commodity ownership z
Electronic holding of commodity balances
Collateral Manager as an independent and expert third party?
Key enablers for warehouse receipts z Negotiability status of the warehouse receipt z Collateral management services z Grading, quality, quantity and weight controls of the underlying physical commodity z Process controls at the warehouse z Insurance, legal and financial structures z Protection of the marketable value of the collateral z Secure electronic warehouse receipt system z Mitigates the risk of physical tampering z More checks enabled by the multiple parties z Commodity information secure with depository
Warehouse receipt system with Collateral manager Deposit commodities Bank Finance
Farmer/ Farmer/Trader Trader Warehouse Warehouse11
Deposit commodities
Coll Collateral ateralManager Manager 22
33
44
55
Warehouse receipt Lender Lender
Warehouse receipt Commodity CommodityExchange Exchange
Currently Rs 70 bn exposure by lenders as against annual agro commodity size of Rs 11,000 bn
Indian Collateral Management Spectrum Clients
Vendors Warehouses
Lenders Commodity exchanges
Farmers Traders Processors Distributors Exporters Importers
Logistics players
Transporters C & F agents
Grading , assaying & Certifying firms
Collateral Warehouse Management
State
Accrediting Agency Depository Agency
Procurement Agencies
DPs and R & T agents
Marketing Agencies
Why banks do not lend against commodities ? zPrice
risk - no mechanism for hedging commodity price
zCredit
risk - inadequate structures to transfer risk from borrower to commodity
zOperational
risk – poor state of warehouse management process and control on collateral
zInadequate
and irregular MIS on stock
holdings Curtailed lending against warehoused commodity- limited credit flow to agriculture
How Lenders manage collateral? z Bilateral arrangement z No third party guarantees z Ineffective stock verification z Lack of control on funds and material flows z No control over logistics z No disposal plan
Risks and concerns for Lenders z Lower credit rating of assets z Larger capital adequacy z Impaired assets – even where credit risk is not the issue z 90 day NPA norm makes the going tougher z Curtailed credit flow for borrowers – especially SME and Agro sectors z Non fulfillment of sectoral lending
Present task of NCDEX in physical delivery Specify/evolve commodity specific norms for accrediting warehouses Accredit the warehouses in each delivery center Enter into agreement with diff. WH at different delivery centers Arrange quality certifiers and assayers to verify the compliance of contract specifications at the time of deposit Notify the accreditation of the ware house formally. Periodical Monitoring Not core functions of Exchange but essential to facilitate physical delivery
Warehouse accreditation norms z Financial soundness
z Positive net worth of minimum Rs. 1 crore z Sound management practices z Technical parameters
z construction as per BIS / FCI stipulations z Accessibility – free access by road and/or rail z Least affected by natural calamities
z flood, landslide etc. z Availability of requisite labour and other facilities
z weigh bridges, packing facilities etc.
NCDEX physical settlements z The Exchange offers trade on 12 agricultural commodities apart from gold and silver z Around 10 new commodities under consideration z Recent contracts with the feature of ‘seller’s option’ z More physical deliveries expected z multiple contracts at multiple centers
z More deliveries likely to boost Exchange volumes z Robust and large scale arrangements required Over the next 2-3 years, Exchange would need access to around 500-600 warehouses
Drawbacks z With expanding volumes, the Exchange is increasingly required to : z Ensure adequate accredited warehouse space z No commitment charges paid
z Ensure availability of timely service of assaying and quality certifying agencies z Ensure coordination of the multiple logistics providers z Ensure tracking of commodity quality, quantity and weight z Undertake accreditation of the multiple agencies Drawbacks lead to operational risks which need to be mitigated
Concept of Collateral Management z
Collateral is an asset or a third-party commitment accepted by the collateral taker to secure an obligation of the collateral provider. z
“Collateral” has the same meaning as “security”
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Used to avoid confusion with stocks, shares, etc.
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Transaction intended to protect against performance risk of counter party.
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Collateral Management involves managing the collateral on behalf of the collateral taker
Global Scenario z
Large role in cross-border movement and trade of commodities
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Specialize in servicing mortgage loan requirements as well as financial collateral
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Valued high where the infrastructure is poor and regulatory monitoring and compliance are wanting
z
Enable warehouse receipt financing by mitigating operational risks and upgrading credit rating
Proposed role of Collateral Manager in the Indian context z Ensures adequate accredited warehousing space z Ensures quality and quantity of warehoused goods z Backs the same with guarantees and insurance z Provides in-bound and outbound logistics support z Advisory and Inventory Management services z Provides on-line and accurate reporting z Facilitates disposal of collateral, when necessary End-to-end collateral risk management solutions and services for lenders, commodity exchanges and others
Functions and responsibilities of a Collateral Manager z Identification of potential risks and its mitigants z Due diligence to set up a secure structure z Accreditation / grading of warehouses z Technical specifications & Financial evaluation
z Provision of warehousing space z Producers/Traders/Processors, commodity exchanges
z z z z z z
Empanelment of graders / certifiers Farm-gate to FOB handling services Facilitating structures for commodity lending Electronic systems for control and monitoring Arranging of 24/7 security Insurance tie-ups and adequate liability coverage
Collateral manager- benefits Clients Lenders Commodity exchanges
Farmers Traders Processors Distributors Exporters Importers
z Expands the credit portfolio based on warehoused commodities / materials z Mitigates operational risk in credit decisions z Throws up early warning signals on the banker’s screen z Losses can be controlled at an early stage z Enhances portfolio credit rating z Enables bankers to focus on financials and credit risk rather than logistics
Lender’s concerns addressed z
Price risk z
z
Credit risk z
z
Collateral manager assist in effective credit risk management and due diligence
Operational/Performance risks z
z
Hedge price risk on commodity exchanges
Offloaded to the professional Collateral Manager
Legal / litigation risks z
Reduced ; Collateral Manager ensures proper documentation, adequate insurance cover etc.
Structured Commodity Based Financing z
Structured form of financing with the objective of transferring risk from entity to a commodity z
z
Soya loans; CPO loans
Secured exposure on borrowing entity wherein security is commodity Borrower
Borrower risk
Collateral manager
Finance
Lender
Commodity
Lender can hedge his price risk on NCDEX
Commodity risk
CBF will imply greater finance for the borrower and less risk to bank
Advantages of CBF + CM z
Raw material prices are locked thereby hedging risks
z
Leverage
on
raw
material
as
the
primary
collateral z
Attractive pricing through structuring
z
Financing in convenient tranches z
z
Aligned with the stock build-up schedule
Can be structured as off-balance sheet funding
Collateral manager-benefits Clients Lenders Commodity exchanges Farmers Traders Processors Distributors Exporters Importers
Increase in physical deliveries z Wider participation by growers and processors z One stop service to mitigate operational risks z Spot trading and deliveries enabled z
Access to markets and better infrastructure z Reliance on market mechanism-reduced dependence on government z Better price, staying power and lower borrowing costs z
Finance readily available at lower cost z Larger level of operations z
Collateral manager-benefits Clients z
Improved supply chain
Lenders
z
Quality, quantity and weight checks
Commodity exchanges
z
borrowing at better terms
Farmers Traders Processors Distributors Exporters Importers
Inventory / commodity based
z z z z
Inbound and outbound logistics support Improved MIS - better inventory management Domestic and overseas logistics Better coverage of insurable risks
Risks and mitigants for the Collateral Manager z
Legal backing to accreditation z
z
z
Work with reputed rating agencies
Negotiability of Warehouse receipts z
Law under drafting
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Electronic holding of balances
Operational risk management in rating enhancement structures z
z
Monitoring and inspection mechanism
Pioneering concept- market acceptance z
Need for lenders and exchanges to expand business
New concept- hard selling needed Credibility to be built up from the ground
National Collateral Management Services Limited (NCMSL) z z
The first national level Collateral Management company to be set up in India Confirmed institutional promoters: z z z z z z
z
NCDEX Audit Control & Expertise (ACE) ICICI Bank Canara Bank Corporation Bank Punjab National Bank
Other interested institutions : Indian Farmers Fertilizer Co-operative Limited (IFFCO) z HDFC Bank z
Provide end to end collateral risk management solutions
Looking Ahead z
Current lending against commodities by Indian commercial banks is just Rs 70 bn
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Expected to grow 5-7 fold over next 3 years
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Technology and risk mitigants – key enablers
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Emerging investment diversification
Next perceived boom after retail lending
Thank You