Document Properties
- Type of Publication: Guideline
- Date: April 1991
- No: B-3
- Audiences: Banks
This guideline is unchanged from the version published in November 1989.
It provides direction to Schedule II banks about the conditions under
which assets covered by a guarantee from the parent of the bank will be
exempt from normal supervisory requirements. References here to "parent"
include all affiliates outside the bank's consolidated Canadian operations
and other non- arm's-length parties.
General
Principle
As a general principle, a guarantee from a parent of a bank is not an
acceptable substitute for capital and will not normally exempt a Schedule
II bank from classifying a loan to non-accrual status or from creating a
specific provision against loss.
Exemption
from Supervisory Requirements
A Schedule II bank may, in special circumstances, be granted an exemption
(which may be temporary) from supervisory requirements by virtue of a
guarantee from its parent. For an exemption to be granted, the guarantee
shall contain (a) such terms and conditions normally found in guarantees
between unrelated parties; and (b) such additional terms and conditions as
may be specified by the Superintendent.
Without limiting this generality, the guarantee shall be unconditional,
legally binding and provide for the timely payment by the guarantor of
overdue interest and principle on the guaranteed asset. The guarantee
shall also provide for the purchase by the guarantor, of the entire
principal and accrued interest of the asset under conditions specified by
the Superintendent.
An exemption shall be in writing and signed by the Deputy Superintendent,
Deposit-Taking Institutions, Office of the Superintendent of Financial
Institutions.
Notwithstanding the above, assets that fall under the country risk
provisioning guidelines issued by this Office will not be exempted from
normal supervisory requirements by virtue of a guarantee from a parent of
the bank.
Re-booking
of Assets
Where an asset guaranteed by the parent is removed from the books of a
Schedule II bank and placed with the bank's parent, subsequent re-booking
of the asset with the Schedule II bank shall require prior approval of the
Superintendent. Approval shall be contingent upon the asset meeting the
criteria applicable to granting new credits.