Central Bank of Myanmar approves loans without collateral!
Local banks are now permitted to extend loans without the need for
collaterals, U Set Aung, Deputy Minister at the Ministry of Planning and
Finance, told The Myanmar Times at the 5th Asia SME Conference in Naypyitaw on October 14.
“The Central Bank of Myanmar (CBM) has allowed local banks to provide
loans without movable and resalable assets as collaterals provided the
banks set the suitable risk management policies in place. The loan
process will become complete when the banks can implement proper risk
management,” U Set Aung said.
The development should serve as a welcome reprieve for many
cash-strapped SMEs. In Myanmar, access to funds is the main barrier in
the way of growth and development of small and medium enterprises
(SMEs). This is because loans issued to businesses are approved based on
collateral –typically property or land - and are mostly over periods of
just one year.
As such, relaxing the loan collateral system is necessary to help more SMEs qualify for loans.
Fund limitations
It
is like buying a car without fuel and it is impossible to drive without
fuel.” U Ngwe Tun, chair of Aung Nay Lin Tun Company which produces
Nyan Gyi Shin coffee, told The Myanmar Times.
“Without capital, one small business cannot develop and expand. Today’s
world famous Apple Co. started as a small business. But they had the
financial support which we don’t have,” said U Kyaw Win, president of
Sinma, a furniture export firm.
Credit is also notoriously steep in a country that for years had been
plagued by high inflation. Interest rates for local banks are fixed by
the CBM at 8.5 percent to 13 percent.
Be self reliant
But businesses should not expect to be handheld by the government and
should learn to stand on their own feet, U Set Aung said, adding that
with lower inflation and a stable exchange rate, the government has
created “a friendly and attractive environment to facilitate investments
and address the multinational issues faced by SMEs.”
“But there are also many things SMEs can do to help themselves,” he said during his speech at the conference in Naypyitaw.
One way is by using mobile technology to create new ways of doing
business or facilitating existing operations. For example in Myanmar,
mobile phone penetration has grown to over 100pc in 2017 compared to
just 4pc four years ago. Leveraging on this, SMEs can create new
business models in areas like mobile financial services, such as
devising better solutions for cross-border payments.
There are many ways for to bypass the challenges of cross-border
transactions such as exploring the use of bitcoins and other
cryptocurrencies, U Set Aung suggested. “We are talking to the Monetary
Authority of Singapore and the Bank of Thailand to enable cross-border
mobile payments to take place on a real-time basis,” he said, adding
that the process is not easy and that SMEs should work together to find
solutions and expand.
Currently, there are over 20,000 registered SMEs in Myanmar. The SME
Development Department has already recommended about 4,000 SME for loans
and about 1,000 of them have successfully obtained access to credit for
further expansion, The Myanmar Times understands.
Ref:https://www.mmtimes.com/news/central-bank-myanmar-approves-loans-without-collateral.html
The government has recommended over 1,000 domestic small and medium-sized enterprises (SMEs) to receive loans from banks, according to the Central Department of Small and Medium Enterprises Development (CDSMED).
More than 1,000 SME among an estimated 9,000 in Myanmar have been recommended by the CDSMED to receive loans, an official from the department told The Myanmar Times.
There are 46,794 industries officially registered at the Ministry of Industry in Myanmar.
The department issues membership cards to local SMEs and its membership numbers at approximately 9,000.
The CDSMED has made recommendations to financial institutions on providing loans for over 1,000 enterprises. The banks will offer loans after making an assessment on the recommended SMEs.
“First of all, SMEs which want to borrow have to apply for membership for the Central Department of Small and Medium Enterprise Development.
“The department provides recommendations for any member who wants to take a loan. Financial institutions will offer loans after assessments have been made for the SMEs that we recommended in accordance with their procedures.
“The department is supposed to give a recommendation to banks or financial institutions about which SMEs are members of the department. Now we are working to provide SME loans by cooperating with local banks,” he said.
Number still small
However, given the estimated overall number of businesses and enterprises, the number of SMEs recommended by the CDSMED is still small. And, relatively few local enterprises have received loans.
“Despite the large number of SMEs which were granted membership cards, most haven’t applied for loans. We just give recommendations,” the CDSMED official said.
Currently, the Japan International Cooperation Agency (JICA) has offered SME loans through local banks. Local SMEs which want to take SME loans with an 8.5 percent interest rate can apply at the department. At present, KBZ and CB banks have been providing SME loans under this program.
“The Japan International Corporation Agency linked up with local banks to pay small and medium-sized enterprises loans.
“When businesses submit their applications and documents to us, the banks, we also send the information submitted to JICA.
“After JICA has green-lighted the application, we pay the loans,” U Zaw Man Oo, assistant general manager of KBZ bank, small and medium banking enterprise department told The Myanmar Times.
“Loans for SMEs will be easier to acquire.”
“Borrowers can discuss with banks, depending on the amount of loans, and whether they are capable of providing collateral. However, the projects must be systematic,” U Saw De Nol Khuu, leader of the project from CB Bank told The Myanmar Times.
Challenging conditions
Loans are being extended to SMEs by the Small and Medium Industry Development Bank (SMIDB), KBZ Bank, Yoma Bank and other domestic banks. But the loans require collateral and a minimum of two-year operating experience. These present difficulties for new businesses to have access to those financial resources.
“I am doing business in the field of selling international flight tickets.
“I would like to expand my business but it requires a two-year minimum operating experience. So it is difficult to secure the loans and expand the business for now,” a young entrepreneur said.
It is not only the SMEs who find it difficult to receive loans. Moderately established businessmen also have difficulties to secure loans in Myanmar, according to businessman U Nay Lin Zin, who is involved in import and export trade.
Translation by Zar Zar Soe and Khine Thazin Han
Ref:https://www.mmtimes.com/business/26930-over-1-000-smes-to-receive-loans.html
Ref:https://www.mmtimes.com/news/central-bank-myanmar-approves-loans-without-collateral.html
Announcement for requesting approval of the Central Bank of Myanmar for offshore loan!
1. In accordance with paragraph 48 of the
Foreign Exchange Management Regulation, resident shall not take foreign
loans from abroad or conduct other types of borrowing abroad or
documents that are likely to be loans without the prior approval of the
Central Bank, and shall comply with the provisions of the Central Bank.
2. As per para1, resident, who wants to seek
an offshore loan, to get the approval of the Central Bank of Myanmar
may apply directly or through Myanmar Investment Commission to the
Central Bank of Myanmar by the following documents:
(a) An application which is addressed to "the Central Bank of Myanmar, Office No(55), Nay Pyi Taw".
(b) Relevant documents with regard
to the company's profile such as Company Registration Certificate, Form
VI, Form XXVI, Memorandum of Association, Memorandum of Articles, etc.
(c) If the company has been already
established, financial statements for the current year and previous
year as approved by an external certified auditor, who should be a
Certified Public Accountant.
(d) Loan Agreement (Draft) including repayment schedule for the proposed loan and other relevant data.
(e) Bank Credit advices evidence of equity transferred to the company (borrower).
(f) Other documentary evidence.
3. Based on the submitted documents, the
Central Bank of Myanmar will review and scrutinize the following facts,
and approve or reject the proposal:
(a) Whether the amount of equity capital of the applicant exceeds USD 500,000.
(b) Whether the applicant (borrower) has an access to a matching foreign exchange income or not.
(c) Whether the borrower is able to
repay the loan from the income generated from domestic business, and
has plans to mitigate the exchange risk even if he or she does not have a
foreign exchange income.
(d) Whether the borrower has already transferred 80% of equity committed in MIC permit or not.
(e) Whether Debt to Equity Ratio is within a maximum of 3:1 and 4:1 or not
(f) Whether there are completion
and correctness of terms and conditions mentioned in loan agreement and
documents or not.
(g) Whether the loan tenure is
medium-term or long-term, and loan repayment schedule is consistent with
loan agreement or not.Over 1,000 SMEs to receive loans
24 Jul 2017The government has recommended over 1,000 domestic small and medium-sized enterprises (SMEs) to receive loans from banks, according to the Central Department of Small and Medium Enterprises Development (CDSMED).
More than 1,000 SME among an estimated 9,000 in Myanmar have been recommended by the CDSMED to receive loans, an official from the department told The Myanmar Times.
There are 46,794 industries officially registered at the Ministry of Industry in Myanmar.
The department issues membership cards to local SMEs and its membership numbers at approximately 9,000.
The CDSMED has made recommendations to financial institutions on providing loans for over 1,000 enterprises. The banks will offer loans after making an assessment on the recommended SMEs.
“First of all, SMEs which want to borrow have to apply for membership for the Central Department of Small and Medium Enterprise Development.
“The department provides recommendations for any member who wants to take a loan. Financial institutions will offer loans after assessments have been made for the SMEs that we recommended in accordance with their procedures.
“The department is supposed to give a recommendation to banks or financial institutions about which SMEs are members of the department. Now we are working to provide SME loans by cooperating with local banks,” he said.
Number still small
However, given the estimated overall number of businesses and enterprises, the number of SMEs recommended by the CDSMED is still small. And, relatively few local enterprises have received loans.
“Despite the large number of SMEs which were granted membership cards, most haven’t applied for loans. We just give recommendations,” the CDSMED official said.
Currently, the Japan International Cooperation Agency (JICA) has offered SME loans through local banks. Local SMEs which want to take SME loans with an 8.5 percent interest rate can apply at the department. At present, KBZ and CB banks have been providing SME loans under this program.
“The Japan International Corporation Agency linked up with local banks to pay small and medium-sized enterprises loans.
“When businesses submit their applications and documents to us, the banks, we also send the information submitted to JICA.
“After JICA has green-lighted the application, we pay the loans,” U Zaw Man Oo, assistant general manager of KBZ bank, small and medium banking enterprise department told The Myanmar Times.
“Loans for SMEs will be easier to acquire.”
“Borrowers can discuss with banks, depending on the amount of loans, and whether they are capable of providing collateral. However, the projects must be systematic,” U Saw De Nol Khuu, leader of the project from CB Bank told The Myanmar Times.
Challenging conditions
Loans are being extended to SMEs by the Small and Medium Industry Development Bank (SMIDB), KBZ Bank, Yoma Bank and other domestic banks. But the loans require collateral and a minimum of two-year operating experience. These present difficulties for new businesses to have access to those financial resources.
“I am doing business in the field of selling international flight tickets.
“I would like to expand my business but it requires a two-year minimum operating experience. So it is difficult to secure the loans and expand the business for now,” a young entrepreneur said.
It is not only the SMEs who find it difficult to receive loans. Moderately established businessmen also have difficulties to secure loans in Myanmar, according to businessman U Nay Lin Zin, who is involved in import and export trade.
Translation by Zar Zar Soe and Khine Thazin Han
Ref:https://www.mmtimes.com/business/26930-over-1-000-smes-to-receive-loans.html
Central Bank of Myanmar Strengthens Grip over Foreign Loans
Ever since the adoption of the Foreign Exchange Management Act (FEMA)
and the Foreign Investment Law (FIL) of 2012, the fate of foreign loans
has always remained somewhat confusing. Although there is no doubt that
loans from overseas are possible as a principle under both instruments,
in practice clients often received conflicting information from bankers
and advisors with respect to the approvals and process concerned.
Unfortunately, this confusion that was not really cleared up with the
CBM Directive of 2012 which implemented FEMA (Foreign Exchange
Directive).
Why the confusion?
Part of the problem is FEMA itself. In the text of the law, the
crucial distinction that is made to allow foreign exchange remittances
is that of “current account” versus “capital account”, concepts that are
of course adopted from international financial law. In the Myanmar
system, any payment that is a current account payment will not be
restricted by the CBM. Certain capital payments can be restricted by the
CBM. So, it is crucial to know for any payment which category applies.
First of all, the definitions are not ideally drafted in FEMA since
there is only a very brief description of what comprises the “current
account”, and “capital account” is basically defined as anything which
is not in the “current account”.
Some of the confusion that has plagued foreign investors stems from
the fact that payments on loans are mentioned in both categories, and
without any clearly prescribed differences. In s.2 (l), a short-term
loan can resort under “current account”, (without specifying the term of
such a short-term loan). However, in s.30 reimbursement of loans in
general is also mentioned in connection with the “capital account”. In
other words, loans are straddling the two different main categories
without clearly spelling out which characteristics would end up a loan
in the one or in the other category.
But there is more. The Foreign Exchange Directive of 2012, loans are
included under the “current account”, but it is unclear if only
short-term loans are meant. Plus, the Directive only refers explicitly
to loans approved by the MIC in its overview table and leaves upon the
question what would happen with borrowers which are non-MIC.
Finally, s.17 of the Foreign Exchange Directive of 2012 specifies
that Myanmar banks need to review the “purpose of transfers” to assess
whether the transfer was really a current account payment. If it is not,
the remittance may not be made.
To sum it up, the Myanmar regulation of the loans are caught in
seemingly overlapping local interpretation under FEMA which goes well
beyond the classic “current account” and “capital account” bifurcation
as a change of ownership in domestic assets, akin to what is found in
international financial law. Moreover, Myanmar banks may have their own
interpretation of the “purpose” of a transfer.
New CBM Letter on foreign loans
The CBM Letter clears up a few things, but also creates a set of new
challenges. The CBM Letter introduces a list of elements that Myanmar
banks need to take into account when evaluating foreign loans,
including:
· Size of loan and tenure, and loan contract
· Whether the interest rate is a market-based interest rate
· Whether the business plan of the resident borrower is appropriate
· Type of the collateral and whether it is capable of being performed in law
· Whether the repayment schedule is appropriate; and
· Other elements detailed in the CBM Letter.
The CBM Letter provides that “licensed banks trading foreign exchange
shall review the points contained [above] on the basis of the local
business situation, the situation of the project to be executed with
foreign loan and its expected income, capability to repay loan and
profitability to the country and its people”.
The CBM Letter envisages a new reporting and approval system, where
Myanmar banks will need to collect certain data, make an assessment
about certain criteria, report information to the CBM, and receive an
approval. It seems to us that the Myanmar bank would have to go through
this new process for each loan, even loans that were already approved by
the MIC. For a Myanmar bank not to go through the process and receive
CBM approval, which is theoretically possible as there is no physical
restraint on release of funds by a Myanmar bank, might engage its
liability.
What will happen in practice?
Obviously, the rather wide scope of this criterion may pose some
problems for Myanmar banks to interpret and apply. There is little to
gain for a Myanmar bank by venturing out ahead of CBM approval, so the
effect will often be that inward funds will not be released until the
CBM has so approved based on a review of the information that must be
collected under the CBM Letter.
That means for inward remittances that a transfer should be well
prepared in advance. The required documents should be collected in
advance, and an assessment should be made whether the documents show any
lacuna which might hold up the release of the funds. Clients should
take the matter up with their Myanmar banker, and if necessary retain
professional advice. Inward remittances might cause real problems in a
number of cases, such as when an operating license for a business has
not yet been secured, when the contract is not enforceable on its face,
or when there are legal impediments with respect to the assets connected
with the loan. Of course, in a more general sense one might encounter
problems with the paperwork or with communication.
Problem scenarios for repatriation
It is essential for repatriation purposes that the person who has
brought in the funds has properly documented its involvement. Only this
person can extract the same funds again, as a rule. In general, this
means that clients should document the process well. In some exceptional
cases, there may be difficulties with this. For example, in some cases
funds are brought in as an advance to a local partner in a joint venture
before the actual JVCo is setup in Myanmar. For example, the local
partner might have to pay a deposit on a lease contract to secure a
property before the formalities of company establishment have been
completed. So, the capital account of the JVCo will not show the person
who brought in the funds. If such issues are not fixed in terms of
paperwork, there is a risk that the re-extraction of the funds might be
disallowed at a later stage.
Edwin Vanderbruggen is Partner at Yangon-based law and tax advisory firm VDB Loi.
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