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FRAMEWORK FOR FINANCIAL SECTOR RESTRUCTURINGThe banks in which FINSAC has intervened are: Commercial Banks
Merchant Banks
FINSAC was mandated to restore the financial sector to health through 3 phases:- Intervention, Rehabilitation and Divestment. Intervention has been through: · Outright acquisition by FINSAC of institution's shares in return for payment of an agreed amount, and in some cases, assumption of its liabilities · Purchase of non-performing loans from institutions in return for the issue of new shares to FINSAC · Injection of capital through issue of preference or ordinary shares by the institution · Payoff of deposit liabilities through new accounts in other "good" banks. FINSAC provides assets to "good" bank to back these liabilities. FINSAC assumes depositors' claims against "bad" bank and moves to wind it up This phase is intended to resolve the crisis by restructuring the sector to ensure that it is better capitalised, better supervised and guided with better management capability supported by superior corporate governance through:
FINSAC through its wholly owned subsidiaries, Refin Trust
Ltd. and RECON Trust Ltd. purchased $21.9B in bad debts and manages $11.5B for other
intervened institutions to date. This
represents a major part of the Company's investment in the banking sector. Throught the Non-performing Loan Unit of FINSAC,
collection of these amounts is pursued on behalf of Recon Trust and Refin Trust. FINSAC's ultimate goal is to return companies it controls in a healthy state to well qualified private sector purchasers in a quick, orderly and transparent manner. In so doing the company is guided by the following objectives: · Minimise loss in resolution of institutions in which FINSAC has intervened. · Avoid depressing the real estate market in disposing of the significant real estate portfolio in FINSAC hands · To ensure optimal size and capitalisation of the financial sector · To attract new capital to the financial services industry · To promote simple financial sector structures in the short run, to minimise contagion facilitated by complex structures Divestment Criteria There are stringent criteria for purchasers. Potential purchasers must have management and financial resources to: · Execute a good business plan · Offer a competitive price · Access technical expertise · Offer technology transfer potential · Market Access · Ability to capitalise the entity · Meet enhanced fit and proper criteria Stakeholders in the financial sector have an opportunity at this time of challenge and adversity, to carve out a viable and sustainable industry which can properly fulfill its role as the engine of growth for the rest of economy. As such, the Government, through FlNSAC, will be fostering: · A set of strong and well-capitalised institutions adequate to the size of the national economy. · An effective regulatory framework and efficient supervision to ensure best practices in the banking sector and protection of depositors funds. · A clear separation of ownership and management of deposit taking institutions and other commercial enterprises, i.e. a concentration on core business by financial institutions. · A move away from complex group structures in the medium term. · Replacement of Government's 100% guarantee to depositors with deposit insurance to minimise moral hazard. For their part, directors, shareholders and officers of deposit taking institutions have a responsibility to be guided by: · The highest level of integrity in their business practices. · Compliance with the Banking Act, the Financial Institutions Act as well as all other relevant laws. · Their duty of care and good faith in the handling of depositors funds. · Corporate Governance of the highest level.
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