| The Role
Of FINSAC MANDATE
FINSAC Limited was incorporated with the specific mandate from Government:
- To resolve the problems of solvency and liquidity being experienced by the financial
sector.
OBJECTIVES
In pursuance of this mandate, FINSAC has developed seven broad objectives to guide its
activities. These objectives are as follows: to restore liquidity and solvency to
distressed institutions
- To strengthen the financial management capability of intervened institutions
- To improve the efficiency of the sector in mobilising and allocating financial resources
- To create an attractive environment for investors to recapitalise financial institutions
- To minimise moral hazard and promote prudent behaviour
- To promote strong corporate governance, managerial accountability and shareholder
oversight
- To strengthen the sector through the establishment of appropriate institutional
frameworks and regulatory structures.
TERMS OF REFERENCE
In pursuit of these objectives, the Government of Jamaica established FINSAC, with the
following Terms of Reference, Financing and Exit Strategy*:
- FINSAC serves as the vehicle through which realignment and restructuring of the
financial sector will take place.
- FINSAC serves as the executive arm of the Ministry of Finance and Planning in which
Government strategy will be planned and through which the interventions of various
agencies (specifically the Bank of Jamaica (BOJ) and the Superintendent of Insurance) will
be coordinated.
- Through FINSAC, the Government will provide financial assistance to the sector and
therefore will have the responsibility of the accountability for the spending of such
resources provided to it directly or guaranteed by the Government.
- Through FINSAC the Government will provide guidance and technical assistance to the
financial sector. It may mobilise and deploy external technical and managerial support for
the restructuring of intervened institutions.
- FINSAC will sponsor and/or undertake diagnostic studies of the overall health of the
financial sector with specific focus on the institutions which require assistance,
- FINSAC will assist institutions in developing work-out plans, where necessary, to return
them to viability. Such plans will form the basis for the conditions which FINSAC will
attach to financial assistance. FINSAC will monitor the implementation of such plans on a
continuing basis and will evaluate their effectiveness in achieving their specified
objectives. It will inform and coordinate the inputs of Government's members of boards of
intervened institutions on issues considered essential to the viability of the financial
sector.
7. Based on the experience gained in its work, FINSAC will advise the Government on the
prudential regulation of the sector and on the renewal, suspension and revocation of
operating charters of individual institutions within the sector.
FINANCING OF FINSAC
Basically FINSAC is being financed by the Government through borrowing in the domestic
market. Funds are being raised through the sale of long-term Registered Stock, with coupon
rate tied to the rate on Treasury Bills.
EXIT STRATEGY FOR FINSAC
FINSAC is expected to have a life of about seven years. Support is provided to solvent
companies on the basis of rehabilitation plans to be implemented in five years. FINSAC
expects to be fully repaid by the end of the fifth year assuming successful work-outs of
the existing problems. Interventions leading to the temporary acquisition of institutions
will be short-lived. All the necessary interventions are likely to take place within the
first year of FINSACs existence.
Components which can be restored to viability will be rehabilitated and returned to
private ownership within a year, while other components will be liquidated or sold for
merger with other institutions as soon as possible. Given the experience of other
countries, liquidations and the sale of assets as well as the collection of debts can
often be a lengthy process. The usual approach has been to set up facilities for handling
these aspects, outside of the vehicle for rehabilitation.
For example, real estate investment trusts have been used as a holding arrangement for
the management and disposal of real estate; paper assets have been put in unit trusts and
the units marketed; and non-performing loans have been sold to a central debt-collection
agency. FINSAC will evaluate the option of setting up a real estate investment trust and
other asset disposal approaches. This can be with the assistance of the Urban Development
Corporation.
These liquidation arrangements are likely to outlive FINSAC. After the initial period
of interventions and assistance activities, the role of FINSAC will be narrowed to
primarily supervision and monitoring of work-out plans of institutions that have been
financially assisted by FINSAC and the management of the investment portfolio arising out
of assistance activities. Supervision and monitoring should end in six years as the
work-out plan are completed.
By year seven, FINSAC's only responsibility is expected to be the collection of
repayments from assisted institutions and continued forensic and prosecutorial follow - up
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