a) Describe the type of assets used by borrowers as security in banking transactions.

b) What must be considered by the lender in accepting assets as security?

(30 Marks)

From my compliance and lending expertise at GCB Bank, secured finance is key to mitigating risks under Act 930 and Basel principles, especially post-2019 recapitalization. Examples draw from Ghanaian agribusiness loans secured by land or inventory.

(a) Types of Assets Used by Borrowers as Security

Assets are classified as tangible/intangible, movable/immovable, per the Borrowers and Lenders Act, 2020:

  • Real Property (Immovable): Land, buildings (e.g., mortgages on factories). Common in Ghana for long-term loans; requires Lands Commission registration. Example: Cocoa processors secure loans with warehouses.
  • Movable Tangible Assets: Vehicles, machinery, inventory. Registered at Collateral Registry; floating charges allow business continuity. In oil & gas, equipment pledges support project finance.
  • Intangible Assets: Receivables, intellectual property (e.g., patents), shares. Assignments or pledges; vital for tech firms in Ghana’s digital economy per Act 987.
  • Financial Assets: Bank deposits, bonds. Easily liquidated; used in overdrafts. During DDEP, government bonds as collateral faced haircuts, highlighting risks.
  • Personal Guarantees: Not assets but often combined; directors’ assets back corporate loans.

These integrate with international standards like UCP for trade-related security.

(b) Considerations by the Lender in Accepting Assets as Security

Lenders evaluate per BoG’s Credit Risk Management Guidelines:

  • Valuation and Liquidity: Independent appraisal for market value; liquid assets preferred to ensure quick realization. Example: Illiquid rural land rejected post-2017 cleanup to avoid NPLs.
  • Legal Perfection: Ensure registrable (e.g., at Companies Registry for charges under Companies Act, 2019 (Act 992)). Cross-border: Check conflicts of law per Rome Convention.
  • Risk Assessment: Depreciation, market volatility (e.g., commodity prices for inventory). Insurance mandatory; environmental due diligence for sustainable banking.
  • Borrower Title and Encumbrances: Title searches to confirm ownership, no prior charges. In Ghana, BoG mandates CRB checks.
  • Enforceability and Costs: Ease of enforcement under Act 930; costs vs. loan value. Practical: During UT Bank liquidation, poor collateral led to losses; now, banks like Barclays’ Ghana arm use legal opinions.
  • Regulatory Compliance: BoG approval for large exposures; align with Capital Requirements Directive.

Marks: (a) 15 marks for types with examples; (b) 15 marks for considerations.

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