Brendan Burgess
Founder
- Messages
- 54,807
Is this the first time a liquidator has been appointed to an active Credit Union? ptsb took over the assets and liabilities of Newbridge, before a liquidator was appointed.Paul Gallagher SC , for the Central Bank, had earlier told the judge an orderly orderly wind up of Berehaven Credit Union was “in the the public interest”. Counsel said the Central Bank was also of the opinion the credit union “may be unable to to meet its obligations to creditors”.
Two reviews, conducted in 2010 and earlier this year, identified corporate governance failures which had not been rectified, the court was told.
Counsel said the Central Bank had concerns that unless an orderly winding up process was put in place there was a risk of corporate failure and a “disorderly collapse” of the credit union.
[FONT="]28[/FONT][FONT="]. Those reviews have highlighted that the BCU Board has failed to maintain adequate internal controls and governance. The common issues and concerns identified by[/FONT]
[FONT="]independent third parties are as follows:[/FONT]
[FONT="]L[/FONT][FONT="]ending practices[/FONT][FONT="][/FONT]
· [FONT="]Inadequate assessment of borrower ability to repay[/FONT]
· [FONT="]Inadequately documented credit assessment of borrower ability to repay[/FONT]
· [FONT="]Credit concentration risk – high level of lending to a low quantum of borrowers[/FONT]
· [FONT="]L[/FONT][FONT="]ending to members in arrears on their existing borrowings[/FONT]
· [FONT="]Irregular practices concerning loans to officers of BCU including in respect of loan approval[/FONT]
· [FONT="]Inadequate anti money laundering procedures including a failure to establish the identity of the borrower and the address of the borrower[/FONT]
[FONT="][/FONT]
[FONT="]S[/FONT][FONT="]p[/FONT][FONT="]ecific weaknesses in respect of financial reporting and controls[/FONT][FONT="][/FONT]
· [FONT="]BCU’s general ledger is manually prepared and is paper based[/FONT]
· [FONT="]Weaknesses in the preparation of management accounts[/FONT]
· [FONT="]N[/FONT][FONT="]o documented policies and procedures relating to the internal financial reporting control environment[/FONT]
· [FONT="]N[/FONT][FONT="]o individuals suitably qualified in accounting were involved in the preparation of monthly management accounts[/FONT]
· [FONT="]N[/FONT][FONT="]o fixed asset register[/FONT]
· [FONT="]H[/FONT][FONT="]igh risk bank and cash control practices[/FONT]
The decline in its financial performance in particular reflects the fact that BCU’s asset mix has evolved from being heavily loan biased historically to being cash and investment biased more recently. Given credit unions are heavily dependent on loans as income generating assets (with cash and investments yielding low returns), BCU’s ability to generate sufficient surpluses to grow its income and cover its costs is highly constrained. The decline in its income generating ability can only be addressed by growing its loan portfolio again on a basis that is profitable. In the current climate with low credit demand it is questionable whether this is feasible, and BCU’s recent track record in respect of credit performance would question its capacity to do so. Therefore, it is unlikely that BCU will be able to address its current financial difficulties by trading its way back to a solvent position and further capital would be required if the loan portfolio is to grow and there is no obvious source for that capital.
Having reviewed a savings file for BCU dated 31 March 2014, it would appear there are no deposits which are incapable of being paid out under the DGS. If any BCU depositors are deemed to be ineligible under the DGS, they will rank as general creditors of BCU in liquidation. Whether or not there are depositors that are ineligible will be determined following a formal invocation of the DGS in accordance with the DGS Regulations.
76. As at 30 June 2014, in its prudential return BCU had total gross loans of €1.7 million. The value of BCU’s loan book, after attached shares and the current stock of bad debt provisions were subtracted was €0.2 million. This amount is a proxy for the expected amount of “new money” that can be recovered (or additional value that can be realised) on the BCU loan book from borrowers, excluding recoveries of attached shares. In percentage terms, this represents 13% of BCU’s gross loans outstanding.
Page 2: As at 30 June 2014, based upon the Prudential Return submitted by BCU to the Registry of Credit Unions (“RCU”), BCU had 3,500 members, total savings of c. €11.3 million and total assets of €11.4 million of which gross loans (pre-provisions) comprised c. €1.7 million.
So it has loans of only 1.7m. (Was €11.5m at 30 SEpt 2009)
What are the other €10m of assets?
Point 22
Furthermore, due to a contraction in domestic property prices, BCU booked impairments on its fixed assets
resulting in a current carrying value of €635K.
If the valuation of the €1.7m loan accounts after provisions is only €200k , why do they not just transfer them to another credit union in the area and pay the acquiring Credit Union 10% of any cash recovered?
The first thing that needs to said is that the 10% Regulatory Reserve Ratio is BOGUS.
1. It is against ALL assests so that if you had 100% Government Bonds it would still require 10% reserve.
2. It does not distinguish between risky and less risky assets.
3. It is exclusively drawn from Retained Earnings.
4. No other form of equity is seemingly encouraged or facilitated.
5. The concept of shares should be divided between equity and savings i.e. the ownership should change to those that are prepared to put up permanent risk capital .
6. The central bank would e exposed if there was a judicial review focused on:
- the regulatory reserve ratio;
- the restrictions on lending because of the mindless focus on a bogus ratio.
I am surprised that we are not given any details of the investments. They might be long term investment products.
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