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You and your bank: in the world of banking, loyalty is no longer the name of the game.


According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 banking lore, Albert Einstein is known to have stated that the greatest mathematical discovery of all time is compound interest. Far from begrudging be·grudge  
tr.v. be·grudged, be·grudg·ing, be·grudg·es
1. To envy the possession or enjoyment of: She begrudged him his youth. See Synonyms at envy.

2.
 lenders a fair return on their loans in time of economic adversity (recession/stagnant growth), lenders to small to mid-sized family-owned businesses have increasingly traded in long-term customer banking loyalty in favor of declaring loan covenant A loan covenant is a condition in a commercial loan or bond issue that requires the borrower to fulfill certain conditions or forbids the borrower from undertaking certain actions, or possibly restricts certain activities to circumstances when other conditions are met.  defaults and abruptly transferring the loan to the lender's Loan Workout Group and/or insisting that the borrower move the relationship to another lending institution Noun 1. lending institution - a financial institution that makes loans
financial institution, financial organisation, financial organization - an institution (public or private) that collects funds (from the public or other institutions) and invests them in
, often within short notice (30 - 60 days).

What is behind this banking metamorphosis metamorphosis (mĕt'əmôr`fəsĭs) [Gr.,=transformation], in zoology, term used to describe a form of development from egg to adult in which there is a series of distinct stages.  that no longer rewards historical customer loyalty in favor of a quicker fix by the lender to eliminate the bank's potentially classified loans vs. a longerterm, financial restructuring by the customer?

Financial deregulation Deregulation

The reduction or elimination of government power in a particular industry, usually enacted to create more competition within the industry.

Notes:
Traditional areas that have been deregulated are the telephone and airline industries.
: Accelerated in the '80s and '90s, this has contributed greatly to banking consolidation, significantly reducing the number of commercial banks focusing on lending to small and medium-sized businesses. The same consolidation phenomenon in banking has also occurred with asset-based lenders, making it increasingly difficult to find replacement financing for loans in the $500,000 - $2 million range, especially when the term loan portion of the banking facility is greater than the working capital (shortterm) line of credit. Combined with the impact of the still recent economic downturn and substantial loan losses, and the lingering economy still in need of a jumpstart, lenders have tightened lending parameters and policies for approving/renewing business loans on a more national scale to cushion market and industry turbulences, often leaving minimal wiggle room wiggle room
n.
Flexibility, as of options or interpretation: ambiguous wording that left some wiggle room for further negotiation.

Noun 1.
 for the creative lender to help mend the customer's business wounds.

Draconian dra·co·ni·an  
adj.
Exceedingly harsh; very severe: a draconian legal code; draconian budget cuts.



[After Draco.
 cost cutting: This has accelerated to offset the impact of loan losses, reducing the pool of experienced lenders within a banking institution, often resorting to "credit scoring Credit scoring

A statistical technique that combines several financial characteristics to form a single score to represent a customer's creditworthiness.
" as a lower-cost method to approve loans vs. the incorrect assumption that lenders have become simply lazy. There has been a tremendous overreliance placed on credit bureau reports (Equifax, TransUnion, Experian) on the strength of the guarantor(s), typically the entrepreneurial owner's credit history and Personal Financial Statement with nil or minimal credit analysis done on the business itself. Typically, this credit analysis would include the company's historical track record, pro forma As a matter of form or for the sake of form. Used to describe accounting, financial, and other statements or conclusions based upon assumed or anticipated facts.

The phrase pro forma
 projections, cash budget and turnaround strategy as key analytical tools for the credit officer. Bankers in economic downturns have become suspicious of pro forma projections. Credit scoring takes these factors and analytical tools out of the lender's decision-making ability to assist the longer-term process of restructuring the business to return to profitability.

Tripping of loan covenants and/or missed debt repayment, collapsing collateral values resulting in an over-advanced loan facility: When this happens, often the loan is quickly transferred to the bank's Loan Workout Group as the most expedient manner of exiting the borrowing relationship and reducing the bank's classified assets. A new account officer from the bank is typically assigned and no longer is the borrower's prior long-term banking loyalty rewarded by having previously kept good deposit balances when economic conditions were rosier. Today's machinery and equipment (M&E) market is easily worth 30-40 percent less than just 18 months ago, potentially making a prior collateralized term loan "upside down" in terms of loan to value. A bank which may have been lending at 50 percent of "eligible" inventories may unexpectedly determine that inventories which may be slower moving should only have a formula borrowing base at 30 percent and the company is forced to pay down on its line of credit, often by deferring much needed maintenance repairs or worse, missing payroll tax Payroll Tax

Tax an employer withholds and/or pays on behalf of their employees based on the wage or salary of the employee. In most countries, including the U.S., both state and federal authorities collect some form of payroll tax.
 payments in the hope that the economic bloom on the horizon is just around the corner.

Upshot: All the above factors have resulted in an overall effective drying up of the creative gene pool of opportunistic lenders vs. risk adverse lenders.

So what's a borrower to do?

These recommendations, from a consultant's point of view, are not tantamount to the discovery of penicillin Alexander Fleming was the first to suggest that the Penicillium mould must have an antibacterial substance, and the first to isolate the active substance which he named penicillin, but he was not the first to use its properties.  to combat your ailments, but will provide strategies for combating your company's present illness to find a replacement lender when warranted.

1. Understand that banks deal with a commodity: Availability of money with different lending parameters. Just because your existing commercial banker no longer believes in your company, this does not close the door to more opportunistic, creative lenders from other banks expanding their loan portfolio. Alternative lenders to commercial banks specialize in different types of lending. For example, asset-based lenders are more focused on collateral values vs. high leverage (debt-to-equity or debt-to-tangible net worth) exhibited by the borrower. Other lenders will focus more on commercial real estate as they feel more comfortable with "location, location, location Location, Location, Location is a popular Channel 4 property programme, presented by Kirstie Allsopp and Phil Spencer. The reality show follows two real estate experts as they try to find the perfect home for a different set of buyers each week. It first aired in May 2001. " and property is less inclined to walk away vs. bulldozers or other machinery pledged as collateral. Factors specialize in discounting receivables but generally shy away from Verb 1. shy away from - avoid having to deal with some unpleasant task; "I shy away from this task"
avoid - stay clear from; keep away from; keep out of the way of someone or something; "Her former friends now avoid her"
 inventory loans. Equipment finance companies specialize in term lending based on M&E appraised forced sale values and can supplement the line of credit offered from a separate financing institution. All of these lending sources generally come with a higher price tag attached.

2. Be more concerned over sufficient credit availability rather than the pricing that will be more costly than your traditional bank lender as the perceived degree of financing risk most certainly will have been increased. But, determine the increased pricing cost relative to your new ability to take supplier discounts, retain key single source vendors vs. promising the proverbial "check in the mail," and costly loan documentation typically seen in lender Forbearance Refraining from doing something that one has a legal right to do. Giving of further time for repayment of an obligation or agreement; not to enforce claim at its due date. A delay in enforcing a legal right.  Agreement fees, and for the business owner to focus on business strategies with action steps to return your company to profitability.

3. Understand from the outset the significance of loan size in approaching a new replacement lender. For larger institutions, loan size is often in the minimum range of $5 million - $10 million for reasons of economy of scale. You must realistically fit your borrowing requirements with the lending institution to be approached and determine early if they can do one-stop financing to include accounts receivable accounts receivable n. the amounts of money due or owed to a business or professional by customers or clients. Generally, accounts receivable refers to the total amount due and is considered in calculating the value of a business or the business' problems in paying , inventories, machinery and equipment and real estate, or if they avoid certain types of borrowing-based collateral loans. Often a lender will restrict the term loan portion to 25-50 percent of the total borrowing facility, thereby causing the existing borrower to potentially stay in the borrowing structure on a reduced basis.

4. Discuss with the potential replacement lender if a reduction in overall pricing can be negotiated downwards. This can be done after meeting certain benchmark performance measures (per pro forma projections provided to the lender, which can provide an incentive for the entrepreneur to be realistic in submitting projections). Understand the lender's exit fee arrangement can range from 3-4 percent of the total loan commitment if the borrower leaves within 1-2 years from exiting the loan, to zero percent upon 60 days advance notification. This can save you a bundle later on when your company is financially healthy and again romanced by commercial bank business development officers.

5. Research who the creditable cred·it·a·ble  
adj.
1. Deserving of often limited praise or commendation: The student made a creditable effort on the essay.

2. Worthy of belief: a creditable story.
 replacement lenders are, and their lending philosophy prior to executing loan documentation. Preoccupied business owners naturally would rather focus on their business operations Business operations are those activities involved in the running of a business for the purpose of producing value for the stakeholders. Compare business processes. The outcome of business operations is the harvesting of value from assets  than deal with new lenders whom they may now potentially distrust. A client once characterized the process akin to being in a dark room, fumbling to find the light switch. While your existing lender may be threatening liquidation The collection of assets belonging to a debtor to be applied to the discharge of his or her outstanding debts.

A type of proceeding pursuant to federal Bankruptcy
 or the sale of your company's assets to repay the bank, you are nonetheless advised to carefully consider the best alternative replacement lender(s) and earnestly negotiate with your existing lender adequate time to accomplish this vs. the costly alternative of filing for Chapter 11 reorganization protection (with less than 20 percent of small to mid-sized companies successfully emerging from Chapter 11 as operating companies operating company

A business that engages in transactions with outsiders.
).

6. Finally: with your new lender(s), replace the festering fes·ter  
v. fes·tered, fes·ter·ing, fes·ters

v.intr.
1. To generate pus; suppurate.

2. To form an ulcer.

3. To undergo decay; rot.

4.
a.
 carryover feeling of partial lender blame to a resumed leadership role of responsibility with greater intensity for returning a revitalized company to profitability.

Lawrence Gardner is president of Lawrence Gardner Associates, managerial and financial consultants in Troy, a member of the Detroit Regional Chamber.
COPYRIGHT 2003 Detroit Regional Chamber
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Finance/Legal
Author:Gardner, Lawrence
Publication:Detroiter
Geographic Code:1USA
Date:Nov 1, 2003
Words:1346
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