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Member
Business
         Annual Staff Training
                 By: Sarfaraz Ali
Key Topics


                   Policy              Loan Types

     Loan
     Requirement
                            Member             Collateral
                            Business                      Credit
Analyzing Loan
Request                      Loan                   Underwriting

     Risk Matrix            MBL            Loan Closing

                 Audit                   Periodic
                 Review                   Review
Business Loan Policy
                                      At a minimum, loan policy must address the following:

      TYPES             Types of business loans

   TRADE AREA           Your Trade Area

   Max Amount           Max $ of Assets, in relation to Net Worth, that invest in Business
 Total Business Loan    Loans, Given category or Type of Business Loan, to any One Member
Type of Business Loan   or group of associated members.
 One Member/Group
                        Qualifications/experience of personnel (minimum of 2 years) involved
 LO EXPERIENCE
                        in making and administering business loans;

                        A requirement to analyze and document the ability of the borrower to
      REPAY
                        Repay the loan;

                        Receipt and periodic Updating of financial statements and other
  UPDATING FS
                        documentation, including tax returns;
                                                                                    Cont.….
Business Loan Policy
                    A requirement for sufficient documentation supporting each request to
DOCUMENTATION       extend credit, or increase an existing loan or line of credit (except where the
                    board of directors finds that the documentation requirements are not
                    generally available for a particular type of business loan and states the
                    reasons for those findings in the credit union’s written policies). At a
                    minimum, your documentation must include the following:
                    (1) Balance sheet; (2) Cash flow analysis; (3) Income statement; (4) Tax data;
                    (5) Analysis of leveraging; and (6) Comparison with industry average or similar analysis;


  COLLATERAL        The collateral requirements must include:
                    (1) Loan-to-value ratios; (2) Determination of value; (3) Determination of ownership; (4)
                    Steps to secure various types of collateral; and (5) How often the credit union will
                    reevaluate the value and marketability of collateral;

INT RATE/MATURITY   The interest rates and maturities of business loans;

                     General loan procedures which include:
LOAN PROCEDURES
                     (1) Loan monitoring; (2) Servicing and follow-up; and (3) Collection

                     Identification of those individuals prohibited from receiving member
  PROHIBITED
                     business loans
Other NCUA 723’s

               How Much May One Member, or a Group of Associated Members, Borrow?

      15% of NET WORTH                   Amount of out-standing member business loans (including
                 Or                      any unfunded commitments) to any one member or group of
                                         associated members must not exceed the greater of:
            $100,000                     (a) 15% of the credit union’s net worth; or (b) $100,000.




                 What is the Aggregate Member Business Loan Limit for a Credit Union?
The aggregate limit on a credit union’s outstanding member
business loans (including any unfunded commitments) is the
                                                                      1.75 Times of NET WORTH
lesser of 1.75 times the credit union’s net worth or 12.25% of                     Or
the credit union’s total assets.                                        12.25% of ASSETS
Business Structure


• Sole Proprietorship (1040 Schedule C)

• Limited Liability Company (1120)

• Corporation (1120)

• Partnership (1065)

• S-Corporation (1120S)
• Business Acquisition Loans              • Revolving Check Credit
• Debt Financing                          • SBA Commercial Loans
• Franchise Start-Up Loans                • Secured Working Capital Loan
• Line of Credit                          • Short Term Loan
• Long-Term Loans                         • Start-Up Loans
• Micro-Loans                             • Unsecured Working Capital Loan
• Professional Loan (CPA, Dentist etc.)
General Loan Requirement
Loan Request/Application                        Notes Payable Schedule.

History of Business                             Profit and Loss Projection
  •   To be completed by all applicants
      including location analysis,              Management Resume.
      competitive analysis and future of
      the business.                             Personal Financial Statement
                                                  •   each proprietor, or
Legal Business Documents                          •   each limited partner who owns 20% or
  •   Certificate of Incorporation/                   more interest and each general partner,
      Partnership Agreement                           or
  •   Articles of Incorporation/ Certificate      •   each stockholder owning 20% or more
      of Partnership                                  voting stock and each corporate officer
  •   Corporate By-Laws                               and director, or
  •   County Assumed Name Certificate             •   any person or entity providing a
  •   State Assumed Name Certificate ( if             guaranty of the loan.
      Corporation)
  •   Tax Identification No (TIN) Certificate   Personal Cash Flow Statement

                                                IRS Form 4506-T.
Additional Loan Requirement
  Business Plan                                            Cash/Equity Injection.
(start-up business or business expansion). Include a     Include the last 3 months of bank
description of management, feasibility analysis,         statements showing the source of cash
assumptions, site evaluation, and demographics for       /equity injection.
each location.

  Interim Profit & Loss and Balance Sheet                  Proposed Purchase Agreement or
Current within 45 days of application for business         Executed Purchase Agreement
being:                                                     Must include cost allocation of all assets being
(1) acquired,                                            purchased
(2) existing/expanded, and
(3) all affiliates of applicant (20% or more ownership     Notes or Loan Agreements
interest by any of the owners/partners/shareholders        (Refinanced Loan Only)
of proposed borrower).
                                                           Personal Tax Returns.
  Business Financial Statements and Tax                    For the past three years on each individual
  Returns. (Last 3 years)
                                                           Existing or Proposed Lease Agreement
Collateral and
                                Security Requirement
             LTV               Type of Collateral
                               Commercial Real Estate Loan
Maximum




              80%                • 1st security lien on property, land & building
                               Example:
              All Liens
                               Rental shopping strip, Convenience store, Storages,
                               Churches, Farm Land, Other commercial properties.



              95%              Business Loan Against Equipment
Maximum




                               • 1st priority lien UCC on equipment, machinery,
                                  inventory etc.
          If covered through
           Private Mortgage    Example:
              or Equivalent    Farm Equipment, C-Store Equipment, Any kind of
                Insurance      business inventory, commercial equipment etc.
Analyzing Loan Application
         Can my                        Will my              What do I do if my
      borrower pay?                 borrower pay?         borrower doesn’t pay?
                                     Character &
         Cash Flow                                              Collateral
                                    Circumstances

     Sources of Repayment                           Financial Analyses
• The Borrower’s Profits or Cash Flows      • Common Size Ratios of Members
                                              Over Time
• Business Assets Pledged as
  Collateral                                • Financial Ratio Analysis of
• Strong Balance Sheet With Ample             Member’s Financial Statements
  Marketable Assets and Net
                                            • Current and Pro Forma Sources
  Worth                                       and Uses of Funds Statement
• Guarantees Given By Businesses
Credit Underwriting
One of the most important factors used to determine the fund-ability for
    a commercial loan request is the Debt Service Coverage Ratio,
  commonly referred to as the Debt Coverage Ratio (DCR) or Debt
                  Service Coverage Ratio (DSCR).
 The DSCR is a ratio used to determine the amount of debt that can be
 supported by the revenues generated from the commercial property.

 Very simply it’s the net income generated by the commercial business
 divided by the new commercial loan payment. DSCR is calculated both
 on Business and Individual borrows financial data. Global debt service
         Coverage Ratio gives an overall aspect of the business.

                            Recommended

                        DSCR of 1.25
Credit Underwriting
                 XYZ Corporation                                          Mr. & Mrs. Smith
                       DSCR                                                    DSCR
           Average Income of 2011 & 2010                              Average Income of 2011 & 2010


Income                                     137,000      Salary/Wages                                   90,000
+ Depreciation Expense                      26,000      Est. 45% Tax & Living Expense                  40,500
+ Interest Expense                          15,000              Net Cash Available for D/S            130,500
+ Amortization Expense                       6,000
                             EBITDA        178,000      Total Debt Per Credit Report                    54,000

Debt Service - Current Obligation           25,000                                      DSCR              2.42
Debt Service - Proposed Loan               101,263
       Total Business Debt Service         126,263                        Global Cash Flow

                               DSCR              1.41   Net Cash - Business                            178,000
                                                        Net Cash - Personal                            130,500
Note: Proposed Loan of 1 Million $ amortize over 15          Total Net Cash Available for D/S          308,500
year with an interest rate of 6%
                                                        D/S - Business                                 126,263
                                                        D/S - Personal                                  54,000
                                                                           Total Debt Service          180,263

                                                        Global Surplus/(Deficit)                        128,237
                                                                                   Global DSCR             1.71
Loan Risk Matrix
Loan Risk Matrix
Loan Risk Matrix
Financial
This section consists of 5 considerations based on the type of information provided and,
the actual financial results. Only one option under each consideration is to be chosen
(for ease of reference each component is color coded).
Factors Change Loan Decision

         Appraisal                                Environmental

  Appraisal requirements under                Phase I                    Phase II
         NCUA § 722.3.
                                      Phase I cover initial site    Phase II cover detail
  Normally at Commercial Real           inspection and basic       site inspection where
  Estate transactions required              sampling for                Phase I show
Appraisal from a State Certified or    environmental related       environment related
       Licensed Appraiser                  contamination            hazard found in the
                                                                         first report


                                           Commercial Real Estate transactions
                                             required Environmental Report
                                       •    Convenience Store Business
                                       •    Dry Cleaning Business
                                       •    Any other environmental related
                                            businesses
Closing Checklist

Promissory Note              Title Insurance Commitment
                             & Endorsements
Deed of Trust
                             Environmental
Corp. Guaranty
                             Report/Assessment
Individual Guaranty
                              Contract documents to
UCC-1’s                      Lender
Security Agreement           Appraisal
Assignment of Rents/Leases   Survey
Insurance f/b/o Lender       Environmental Report
Audit Review

  EXECUTED &      • 1. Are the following items properly executed and recorded:
   RECORDED           a. Note? b. Security Agreement? c. Contracts? d. Liens?


 PRINCIPLES OF    • Are the principals in the business identified?
   BUSINESS

  FINANCIAL       • Are complete financial statements in file with supporting
 STATEMENTS         schedules and tax returns?


  COLLATERAL      • Are collateral conditions and value determined by
                    independent qualified appraisers?

PERIODIC REVIEW   • Is periodic review of the financial condition documented?
Audit Review

SITE INSPECTION   • Do loan officers make regular on-site inspections of business
                    sites and collateral?


  25% EQUITY      • For construction and development loans, does the borrower
CONSTRUCTION        have a minimum of 25% equity interest in the project being
                    financed? 723.3(b) If Yes: NCUA Approval 9. If no, has the
                    credit union obtained NCUA approval?


PRE-APPROVAL      • For construction and development loans, does the credit
    DRAW            union release funds according to a pre-approved draw
                    schedule and only after on-site written inspections by
                    qualified personnel? 723.3c
Periodic Review

                           (g) A requirement to analyze and
Financial Statement    document the ability of the borrower to
                            repay the loan consistent with
                          appropriate underwriting and due
  Credit Reports            diligence standards, which also
                            addresses the need for periodic
                        financial statements, credit reports,
Business Site Visit       and other data when necessary to
                       analyze future loans and lines of credit,
                            such as, borrower’s history and
Environmental Impact     experience, balance sheet, cash flow
     Assessment        analysis, income statements, tax data,
                         environmental impact assessment,
                       and comparison with industry averages,
     Tax Data
                          depending upon the loan purpose;
s

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Sarfaraz ali

  • 1. Member Business Annual Staff Training By: Sarfaraz Ali
  • 2. Key Topics Policy Loan Types Loan Requirement Member Collateral Business Credit Analyzing Loan Request Loan Underwriting Risk Matrix MBL Loan Closing Audit Periodic Review Review
  • 3. Business Loan Policy At a minimum, loan policy must address the following: TYPES Types of business loans TRADE AREA Your Trade Area Max Amount Max $ of Assets, in relation to Net Worth, that invest in Business Total Business Loan Loans, Given category or Type of Business Loan, to any One Member Type of Business Loan or group of associated members. One Member/Group Qualifications/experience of personnel (minimum of 2 years) involved LO EXPERIENCE in making and administering business loans; A requirement to analyze and document the ability of the borrower to REPAY Repay the loan; Receipt and periodic Updating of financial statements and other UPDATING FS documentation, including tax returns; Cont.….
  • 4. Business Loan Policy A requirement for sufficient documentation supporting each request to DOCUMENTATION extend credit, or increase an existing loan or line of credit (except where the board of directors finds that the documentation requirements are not generally available for a particular type of business loan and states the reasons for those findings in the credit union’s written policies). At a minimum, your documentation must include the following: (1) Balance sheet; (2) Cash flow analysis; (3) Income statement; (4) Tax data; (5) Analysis of leveraging; and (6) Comparison with industry average or similar analysis; COLLATERAL The collateral requirements must include: (1) Loan-to-value ratios; (2) Determination of value; (3) Determination of ownership; (4) Steps to secure various types of collateral; and (5) How often the credit union will reevaluate the value and marketability of collateral; INT RATE/MATURITY The interest rates and maturities of business loans; General loan procedures which include: LOAN PROCEDURES (1) Loan monitoring; (2) Servicing and follow-up; and (3) Collection Identification of those individuals prohibited from receiving member PROHIBITED business loans
  • 5. Other NCUA 723’s How Much May One Member, or a Group of Associated Members, Borrow? 15% of NET WORTH Amount of out-standing member business loans (including Or any unfunded commitments) to any one member or group of associated members must not exceed the greater of: $100,000 (a) 15% of the credit union’s net worth; or (b) $100,000. What is the Aggregate Member Business Loan Limit for a Credit Union? The aggregate limit on a credit union’s outstanding member business loans (including any unfunded commitments) is the 1.75 Times of NET WORTH lesser of 1.75 times the credit union’s net worth or 12.25% of Or the credit union’s total assets. 12.25% of ASSETS
  • 6. Business Structure • Sole Proprietorship (1040 Schedule C) • Limited Liability Company (1120) • Corporation (1120) • Partnership (1065) • S-Corporation (1120S)
  • 7. • Business Acquisition Loans • Revolving Check Credit • Debt Financing • SBA Commercial Loans • Franchise Start-Up Loans • Secured Working Capital Loan • Line of Credit • Short Term Loan • Long-Term Loans • Start-Up Loans • Micro-Loans • Unsecured Working Capital Loan • Professional Loan (CPA, Dentist etc.)
  • 8. General Loan Requirement Loan Request/Application Notes Payable Schedule. History of Business Profit and Loss Projection • To be completed by all applicants including location analysis, Management Resume. competitive analysis and future of the business. Personal Financial Statement • each proprietor, or Legal Business Documents • each limited partner who owns 20% or • Certificate of Incorporation/ more interest and each general partner, Partnership Agreement or • Articles of Incorporation/ Certificate • each stockholder owning 20% or more of Partnership voting stock and each corporate officer • Corporate By-Laws and director, or • County Assumed Name Certificate • any person or entity providing a • State Assumed Name Certificate ( if guaranty of the loan. Corporation) • Tax Identification No (TIN) Certificate Personal Cash Flow Statement IRS Form 4506-T.
  • 9. Additional Loan Requirement Business Plan Cash/Equity Injection. (start-up business or business expansion). Include a Include the last 3 months of bank description of management, feasibility analysis, statements showing the source of cash assumptions, site evaluation, and demographics for /equity injection. each location. Interim Profit & Loss and Balance Sheet Proposed Purchase Agreement or Current within 45 days of application for business Executed Purchase Agreement being: Must include cost allocation of all assets being (1) acquired, purchased (2) existing/expanded, and (3) all affiliates of applicant (20% or more ownership Notes or Loan Agreements interest by any of the owners/partners/shareholders (Refinanced Loan Only) of proposed borrower). Personal Tax Returns. Business Financial Statements and Tax For the past three years on each individual Returns. (Last 3 years) Existing or Proposed Lease Agreement
  • 10. Collateral and Security Requirement LTV Type of Collateral Commercial Real Estate Loan Maximum 80% • 1st security lien on property, land & building Example: All Liens Rental shopping strip, Convenience store, Storages, Churches, Farm Land, Other commercial properties. 95% Business Loan Against Equipment Maximum • 1st priority lien UCC on equipment, machinery, inventory etc. If covered through Private Mortgage Example: or Equivalent Farm Equipment, C-Store Equipment, Any kind of Insurance business inventory, commercial equipment etc.
  • 11. Analyzing Loan Application Can my Will my What do I do if my borrower pay? borrower pay? borrower doesn’t pay? Character & Cash Flow Collateral Circumstances Sources of Repayment Financial Analyses • The Borrower’s Profits or Cash Flows • Common Size Ratios of Members Over Time • Business Assets Pledged as Collateral • Financial Ratio Analysis of • Strong Balance Sheet With Ample Member’s Financial Statements Marketable Assets and Net • Current and Pro Forma Sources Worth and Uses of Funds Statement • Guarantees Given By Businesses
  • 12. Credit Underwriting One of the most important factors used to determine the fund-ability for a commercial loan request is the Debt Service Coverage Ratio, commonly referred to as the Debt Coverage Ratio (DCR) or Debt Service Coverage Ratio (DSCR). The DSCR is a ratio used to determine the amount of debt that can be supported by the revenues generated from the commercial property. Very simply it’s the net income generated by the commercial business divided by the new commercial loan payment. DSCR is calculated both on Business and Individual borrows financial data. Global debt service Coverage Ratio gives an overall aspect of the business. Recommended DSCR of 1.25
  • 13. Credit Underwriting XYZ Corporation Mr. & Mrs. Smith DSCR DSCR Average Income of 2011 & 2010 Average Income of 2011 & 2010 Income 137,000 Salary/Wages 90,000 + Depreciation Expense 26,000 Est. 45% Tax & Living Expense 40,500 + Interest Expense 15,000 Net Cash Available for D/S 130,500 + Amortization Expense 6,000 EBITDA 178,000 Total Debt Per Credit Report 54,000 Debt Service - Current Obligation 25,000 DSCR 2.42 Debt Service - Proposed Loan 101,263 Total Business Debt Service 126,263 Global Cash Flow DSCR 1.41 Net Cash - Business 178,000 Net Cash - Personal 130,500 Note: Proposed Loan of 1 Million $ amortize over 15 Total Net Cash Available for D/S 308,500 year with an interest rate of 6% D/S - Business 126,263 D/S - Personal 54,000 Total Debt Service 180,263 Global Surplus/(Deficit) 128,237 Global DSCR 1.71
  • 16. Loan Risk Matrix Financial This section consists of 5 considerations based on the type of information provided and, the actual financial results. Only one option under each consideration is to be chosen (for ease of reference each component is color coded).
  • 17. Factors Change Loan Decision Appraisal Environmental Appraisal requirements under Phase I Phase II NCUA § 722.3. Phase I cover initial site Phase II cover detail Normally at Commercial Real inspection and basic site inspection where Estate transactions required sampling for Phase I show Appraisal from a State Certified or environmental related environment related Licensed Appraiser contamination hazard found in the first report Commercial Real Estate transactions required Environmental Report • Convenience Store Business • Dry Cleaning Business • Any other environmental related businesses
  • 18. Closing Checklist Promissory Note Title Insurance Commitment & Endorsements Deed of Trust Environmental Corp. Guaranty Report/Assessment Individual Guaranty Contract documents to UCC-1’s Lender Security Agreement Appraisal Assignment of Rents/Leases Survey Insurance f/b/o Lender Environmental Report
  • 19. Audit Review EXECUTED & • 1. Are the following items properly executed and recorded: RECORDED a. Note? b. Security Agreement? c. Contracts? d. Liens? PRINCIPLES OF • Are the principals in the business identified? BUSINESS FINANCIAL • Are complete financial statements in file with supporting STATEMENTS schedules and tax returns? COLLATERAL • Are collateral conditions and value determined by independent qualified appraisers? PERIODIC REVIEW • Is periodic review of the financial condition documented?
  • 20. Audit Review SITE INSPECTION • Do loan officers make regular on-site inspections of business sites and collateral? 25% EQUITY • For construction and development loans, does the borrower CONSTRUCTION have a minimum of 25% equity interest in the project being financed? 723.3(b) If Yes: NCUA Approval 9. If no, has the credit union obtained NCUA approval? PRE-APPROVAL • For construction and development loans, does the credit DRAW union release funds according to a pre-approved draw schedule and only after on-site written inspections by qualified personnel? 723.3c
  • 21. Periodic Review (g) A requirement to analyze and Financial Statement document the ability of the borrower to repay the loan consistent with appropriate underwriting and due Credit Reports diligence standards, which also addresses the need for periodic financial statements, credit reports, Business Site Visit and other data when necessary to analyze future loans and lines of credit, such as, borrower’s history and Environmental Impact experience, balance sheet, cash flow Assessment analysis, income statements, tax data, environmental impact assessment, and comparison with industry averages, Tax Data depending upon the loan purpose;
  • 22. s