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Center for Economic Development. Economic Impact of the Registered Pledge System in Bulgaria. Georgi Mihaylov Researcher , CED. The Economic Impact of Registered Pledge Systems June 4, 2002. Bank System 1996 – 1997. New procedures for bank insolvency
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Center for Economic Development Economic Impact of the Registered Pledge System in Bulgaria Georgi Mihaylov Researcher, CED The Economic Impact of Registered Pledge Systems June 4, 2002
Bank System 1996 – 1997 • New procedures for bank insolvency • 14 banks (24% of the bank system) were set under supervision (soon the number grew to 18) • A veto was imposed on • dividends payment (without permission from the BNB) • new credit granting • Limiting the interest rates and serious cut in the operating expenditures • Measures for collection of credit claims
Crisis in the Banking Sector 1996 – 1997 • As a result: • Paralyzed Bank System • Mistrust in the institutions in the sector • A great depreciation of the local currency (BG Lev) • A few months of hyperinflation (Dec’96 – Feb’97)
The Solution – Currency Board • Serious restrictions for last instance credit • Firm regulations for managing and supervision over trade banks • High requirements for bank solvency • Elimination of high-risk and unsecured credits
Current State of the Banking Sector • 35 banks operating on the market, divided in five groups • I group – balance number (BN) above 800 mln BGN (~410 mln EUR), providing 34% of the credit resource • II group – BN from 300 to 800 mln BGN (~153 to 410 mln EUR), 28% of the credit resource • III group – BN from 100 to 300 mln BGN (~51 to 153 mln EUR), 13.5% of the credit resource • IV group – BN up to 100 mln BGN (~51 mln EUR), 10% of the credit resource • V group – branches of foreign banks, 14.5% of the credit resource
Credit Market in Bulgaria • Average share of credits as a percentage of all bank assets for the last three years – 30% • I group – 25.35% II group – 39.20% III group –36.25% IV group –39.20% V group – 61.22% Total amount of credits as of 31.03.2002 4 354 165 BGN
Pledge System in Bulgaria • Law on registered pledges • enacted on November 22, 1996 • became effective on April 4, 1997 • amended 1999 • Main characteristics of specific pledges: pledges established without the delivery of the pledged property • Central Pledge Registry
Pledge System in Bulgaria (continued) • Property that may be pledged: • Accounts receivable and groups of accounts receivable • Uncertified securities and groups of uncertified securities • Chattel exclusive of ships and aircraft • Groups of machines and equipment, of goods and materials • Entity shares in general and limited partnerships, limited partnerships with shares or limited liability companies • Commercial enterprise
Central Pledge Registry • The Central pledge registry keeps track when the pledged property is as follows: • Accounts receivable and groups of accounts receivable • Chattel exclusive of ships and aircraft • Groups of machines and equipment, of goods and materials • Commercial enterprise- after the entry in the Commercial Registry
Bank’s Preferences for Collateral • Mortgage • Pledges on movables • Pledges on accounts receivable • Pledges on stocks and shares • Third party guarantee
Impact of the Registered Pledge System • Improved access to credits for the business • Real growth in the size of the credits granted by the banking sector • Serious improvement in the structure of the credit portfolio of the banks • Broadening the scope of the businesses that are eligible to receive credit
Business Attitude towards Credits • Unable to provide required collateral and credit history • Difficulties to prove legal documents for high profits and positive cash flow • Lack of information and generally negative attitude • And though: 48.48% of all sources and types of financing are bank credits* *survey among over 1500 enterprises
Major Problems Hindering the Credit Process • Obsolete equipment that does not satisfy the requirements of the banks • !!! The excessive stress that banks put on collateral, rather than on: • business plan • future financial flows • management quality, etc. • Restrictive policy of the BNB
Major Problems Hindering the Credit Process (continued) • Frequent changes in the tax and duty regimes • Difficulties in collecting claims • Advantagesof the State compared to other creditors • Problems for most banks to provide resources for long-term crediting
Tendencies for Improvement of the Legislation • Revision of the legislation with regards to the Registered Pledges System • Law on Registered Pledges • Civil Procedure Code • Penalty Code • Commercial Law • BNB regulations
Tendencies for Improvement of the Legislation (continued) • Revision of the Law on Registered Pledges • Creation of a unified registry, providing immediate and easy access to the information • Revision of articles regarding the dispute between the creditor and debtor • Provision of penalty for the debtor, when disposing of the pledge without consulting the creditor • Improvement of the technical equipment of the Registry and the qualification of the human resource