Professional Documents
Culture Documents
Cc : CEO
Executive Director
G.M - Operations
Head-Credits Division
Head- Finance Division
DATE: 27/06/2014
Thank you.
Signed
Daniel F. Amoako
The review of each file among others considered the following issues:
Whether or not there’s a loan approval letter duly accepted by the customer;
Whether or not there’s a loan agreement duly executed between the customer and NDK;
Whether or not NDK has the proper residential address or physical location of the customer;
Whether or not the mortgage has been plotted and duly registered;
Whether or not the value of the collateral is commensurate with the customer’s present indebtedness
or whether there’s the need for additional collateral ;
Whether or not there are effective controls over the movement of clients’ files located at the Credit
Secretariat, Credits Division and Loan Recovery Department.
SUMMARY
Although the observations on the files are on a case by case basis, and the observed defects were peculiar
to the individual client’s files, certain observations run through a number of the files. The general overview
will take a look at a number of these observations or defects, their effects and possible ways to remediate
them. After the general overview, each individual file will be considered and the defects on same outlined.
Where a particular defect is not in the general overview, this will also be explained and where possible
remedies suggested.
The Anti-Money Laundering Act, 2008 (Act 749) enjoins Finance Houses to undertake detailed Customer
Due Diligence procedures. One such procedure is to obtain and safely file customers’ clear photographic
identification. Without a clear customers’ photographic identification NDK may find it difficult proving the
actual identity of the customers and their witnesses in court should legal processes commence, following
default. Proving the identity of customers may also be difficult where they relocate from their known offices
or residences without giving notice to NDK. In this case such customers should be required to submit they
and their witness’ photo identification.
Some clients’ properties used as security have not been plotted, consent to mortgage not received and
direction to the mortgaged property not on file. Where properties have not been plotted NDK’s interest is
not fully covered and where consent has not been received no plotting can even be done in the first place.
In this case, Loan Recovery must take active steps to ensure that consent is received and the property
plotted as soon as possible. Also, Credits Division should ensure direction to mortgaged properties are
drawn up and filed on clients’ files as required.
Where there is no professional valuation of the mortgaged property, it is difficult to determine the adequacy of the
collateral for the amount owed by the customer. However, where there is a valuation report it is easy to determine
whether or not additional collateral is required where the principal together with accrued interest is in excess of the
value of the property. Where there is no valuation report on the property the customer should be directed to bring
same.
The review of clients’ files also indicated that there was no direction to some clients’ residence or offices on
file. In the event of default and where a writ has to be issued, the writ must be endorsed with the residential
address of the customer. There is therefore the need to have on file the residential address of all customers
for the purposes of serving notices and other court processes if the need arise.
Audit test conducted in this area aimed to assess the adequacy and effectiveness of the operation of controls over
the movement of credit documents from the Credit Secretariat and the Loans Recovery Department to other
departments for use. While the test revealed that the controls were adequate as both Credit Secretariat and the
Loans Recovery Department had Documents Movement Log Books at their disposal, the operation of the controls
was observed to be ineffective at the Credit Secretariat. This accounts for the difficulty in locating a client’s full credit
documents at a point in time.
INDIVIDUAL FILES
CONCLUSION:
Management should direct the Credit Division and the Loan Recovery Department to ensure the issues raised are
appropriately resolved.
Internal Audit will continue to follow-up on outstanding issues in order to ensure that they are resolved as required.