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Le micro-crédit en droit français et en droit cambodgien


par Vannak NHEAN
Université Jean Moulin Lyon 3 - DEA de Droit des affaires 2006
Dans la categorie: Droit et Sciences Politiques > Droit des Affaires
   
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ANNEXE

KINGDOM OF CAMBODIA NATION RELIGION KING

National Bank of Cambodia

B 7.91- 115 ProrKor

PRAKAS

ON THE CALCULATION OF INTEREST

RATE ON MICRO-FINANCE LOANS

The Governor of the National Bank of Cambodia

- With reference to the constitution of the Kingdom of Cambodia

- With reference to the Royal Kram NS/RKM/ 0196/13 of January 26, 1996 promulgating the Law on Organization and Functioning of the National Bank of Cambodia,

- With reference to the Royal Kram NS/RKM/ 1199/13 of November 18, 1999 promulgating the Law on Banking and Financial Institutions,

- With reference to the Royal Degree Chor Sor/RKT/0398/85 of March 10, 1998 on the appointment of His Excellency Chea Chanto as Gorvernor General of the National Bank of Cambodia,

- With reference to the Prakas No. B700- 05 Pror Kor of January 11, 2000 on Licensing of Rural Credit Specialized Banks,

- With reference to the PRAKAS No. B700- 06 Pror Kor of January 11, 2000 on Licensing of Micro-financing Institutions,

- Pursuant to the request of the General Director of the National Bank of Cambodia

Decides as follows:

Article 1 :Royal credit specialized banks, Micro Finance Institutions registered and licensed from the National Bank of Cambodia, Non-governmental organizations (NGOs), associations, under the law on Banking and Financial Institutions shall calculate interest rate to comply with the provision of this Prakas with regard to their credit operations.

Article 2: Interest charged on any loan granted by an entity mentioned in Article 1, must be calculated taking into account the payments of principal already made on that loan. Consequently, interest charged on a loan for a given period (week, month, quarter, year as the case may be) shall be calculated on the loan outstanding balance at the end of that period.

Article 3: Loan agreement between Micro Financial Institutions and customers shall have credit amortization table.

Article 4: Covered entities that contravene to the provisions of this Prakas will be subject the disciplinary sanctions mentioned in Article 52 of the Law on the Banking and Financial Institutions.

Article 5: All provisions contrary to those of the Prakas are hereby repealed.

Article 6: The General Direction, the General Secreteriat, the General Inspection, the General Casier, all Department of the National Bank of Cambodia and all Banking and Financial Institutions under the National Bank of Cambodia supervisory authority shall strictly implement this Prakas.

Article 7: This Prakas shall have effect from the signing date.

Phnom Penh, August 14, 2001
Governor
Signed and sealed: CHEA CHANTO

B 7.01- 136 Pror Kor

PRAKAS
ON BANK'S CAPITAL GURRANTEE

The Governor of the National Bank of Cambodia,

- With reference to the constitution of the Kingdom of Cambodia;

- With reference to the Royal Kram NS/RKM/0 1199/27 of January 26. 1996 promulgating the Law on the Organization and Functionning of the National Bank of Cambodia;

- With reference to the Royal Kram NS/RKM/1 199/13 of November 18. 1999 promulgating the Law on Banking and Financial Institutions;

- With reference to the Royal Degree Chor Kor/ RKT/0398/85 of March 10. 1998 on the appointment of His Excellency Chea Chanto as Governor of National Bank of Cambodia;

Decides as following:

Article 1: The percentage of minimum capital that shall be permanently deposited with the National Bank of Cambodia, as set by article 16 of the Law on Banking and Financial Institutions, amounts to 10 °/°.

Article 2: Existing deposits as of 31st December 2000 will have to be completed up to the minimum level of 5 billions Riels by 31st December 2001.

Article 3: Banks who were granted a delay to increase their capital up to the minimum level of 51 billions Riels during the year 2001 will make this deposit prorata the installments shareholders are committed to pay. In case the capital increase is made out of retained earnings, the deposit will be made as soon as shareholders authorize the capital increase.

Article 4: The deposit can be made either in Riels or in US dollars. There shall be no possibility to change this option after the deposit has been made. The rate of exchange used for calculation of the deposit, if required, will be the official rates on the day funds are credited into the account with NBC.

Article 5: Deposit in Riels will bear interest at 1/2, six-month period of refinancing rate set by the

National Bank of Cambodia.

Deposit in USD dollars will bear interest at the annual rate of 3/8 six-month period SIBOR. The National Bank of Cambodia will notify the banks of the rate applicable for the relevant periods.

Article 6: The deposit can be repaid only in case of liquidation and according to the priority order set by article 64 of the Law on Banking and Financial Institutions.

Article 7: All provisions contrary to those of this Prakas are hereby repealed.

Article 8: The General Direction, the General Secretariat, the General Casier, the General Inspection, all Departments of the National Bank of Cambodia, and all Banking and Financial Institutions under the NBC's supervisory authority shall implement this Prakas.

Article 9: This Prakas will have effect from the signing date.

Phnom Penh, October 15, 2001
The Governor
Signed and sealed: CHEA CHANTO

B 7.02-45 Pror Kor

PRAKAS
ON THE MAINTENANCE OF RESERVE REQUIREMENT
FOR MICROFINANCE INSTITUTIONS

The Governor of the National Bank of Cambodia

- With reference to the constitution of the kingdom of Cambodia

- With reference to the Royal Kram NS/RKM/ 0 196//27 of January 26, 1996 promulgating on the Law on the Organization and Functioning of the National Bank of Cambodia.

- With reference to the Royal Kram NS/ RKM/1 199/13 of November 18, 1999 promulgating on the Law on Banking and Financial Institutions,

- With reference to the Royal Degree Chor Sor/RKT/03/98 of March 10, 1998 on the appointment of His Excellency Chea Chanto as Governor General of the National Bank of Cambodia.

- With reference to the Prakas No. B 700-06 Pror Kor of January 11, 2000 on licensing of Micro-finance Institutions.

- Pursuant to the agreement of the leader meeting of the National Bank of Cambodia on January 23, 2002.

Decides as following:

Article 1: Licensed Micro-finance Institution shall deposit 5 per cent of their deposits into an account maintained with the National Bank of Cambodia.

Article 2: The reserve requirement on the deposit will be calculated on the basis of deposit outstanding at the end of each month, as reported in the institution's balance sheet and in the prescribed reporting on the breakdown of deposits mobilized by the institutions.

For the purpose of calculating the reserve requirement, compulsory savings, which any saving required as condition to participate in a credit scheme, shall be excluded.

Article 3: The reserve requirement as calculated under Article 2 shall be maintained a deposit in the institution's account with the National Bank of Cambodia from the 15 day of the month following the end of the month reported, until the 14th day of the next month. At the time the new reserve requirement will be calculated and will become applicable.

Article 4: Licensed Micro-finance Institutions shall promptly remedy any reserve deficiency as soon as they are notified of such deficiency by the National Bank of Cambodia.

Article 5: Violation to the provisions of this Prakas may give rise to disciplinary sanctions as set forth in Article 52 of the law on Banking and Financial Institutions.

Article 6: All provisions contrary to this Prakas are hereby repealed.

Article 7: The General Direction, the General Secreteriat, the General inspection, the General Casier and all departments of the National Bank of Cambodia supervisory authority shall strictly implement this Prakas.

Article 8: This Prakas shall have effect from the signing date.

Phnom Penh, February 25, 2002
Governor
Signed and sealed: CHEA CHANTO

B 7.02-47 Pror Kor

PRAKAS

ON REPORTING REQUIREMENT

FOR REGISTERED NGOs AND LICENSED MICROFINANCE INSTITUTIONS
The Governor of the National Bank of Cambodia

- With reference to the Constitution of the Kingdom of Cambodia,

- With reference to the Royal Kram NS/RKM/0196/13 of January 26, 1996 promulgating the Law on the Organization and Functioning of the National Bank of Cambodia,

- With reference to the Royal Kram NS/RKM/ 1199/13 of November 18, 1999 promulgating the Law on Banking and Financial Institutions,

- With reference to the Royal Degree Chor Sor/RKT/0398/85 of March 10, 1998 on the appointment of His Excellency Chea Chanto as Governor General of the National Bank of Cambodia,

- With reference to the PRAKAS No. B 700-06 Pror Kor of January 11, 2000 on licensing of Micro-finance Institution,

- Pursuant to the agreement of the leader meeting of the National Bank of Cambodia on January 31, 2002

Decides as following:

Article 1: Registered micro-finance operators and licensed micro-finance institutions shall submit regular reports to the National Bank of Cambodia with regard to their financial results, their loan portfolio, the deposits they mobilize and their network of branches and offices.

Article 2: Every quarter, registered micro-finance operators shall be required to prepare the following reports to be submitted the National Bank of Cambodia within one month of the end of

each quarter:

- Statement of assets and liabilities

- Statement of profit and loss

- Breakdown of deposits by category

- Breakdown of deposits by currency

- Loan breakdown by category

- Loan breakdown by currency

- Loan classification and delinquency ratio

- Network of branches and offices.

Article 3: Every month, Licensed Micro-finance Institutions shall be required to prepare the

following reports to be submitted to the National Bank of Cambodia within 15 days of the end of

each month:

- Statement of assets and liabilities

- Statement of profit and loss

- Off balance sheet

- Breakdown of deposits by category

- Breakdown of deposits by currency

- Loan breakdown by category

- Loan classification, loan loss provisions and delinquency ratio

- List of loan to related parties

- List of large exposures

- Calculation of capital adequacy ratio

- Calculation of liquidity ratio.

Article 4: At the end of each quarter, Licensed Micro-finance Institutions shall be required to submit reports on evolutions of their branches and offices network to the National Bank of Cambodia.

Article 5: Every year, Micro-finance Institutions shall be required to prepare the following reports to be submitted to the National Bank of Cambodia by the 30th of April of the following year:

- Audited financial statements

- Board of Directors' Annual Report

- Statistics of staff and salaries

- Up-dated organization chart with names and titles of incumbents.

Article 6: All the reports shall be prepared according to the format prescribed by the National Bank of Cambodia.

Article 7: Violation to the provisions of this Prakas may give rise to disciplinary sanctions as set forth in Article 52 of the law on Banking and Financial Institutions.

Article 8: All provisions contrary to this Prakas are hereby repealed.

Article 9: The General Direction, the General Secretariat, the General Casier, the General inspection all departments of the National Bank of Cambodia supervisory authority shall strictly implement this Prakas.

Article 10: This Prakas shall have effect from the signing date.

Phnom Penh, February 25, 2002
Governor
Signed and sealed: CHEA CHANTO

B 7.02-48 Pror Kor

PRAKAS

ON LIQUIDITY RATIO APPLICABLE

TO LICENSED MICROFINANCE INSTITUTIONS

The Governor of the National Bank of Cambodia

- With reference to the Constitution of the Kingdom of Cambodia,

- With reference to the Royal Kram NS/RKM/0196/27 of January 26, 1996 promulgating the law on the Organization and Functioning of the National Bank of Cambodia,

- With reference to the Royal Kram NS/RKM/ 1199/13 of November 18, 1999 promulgating the law on Banking and Financial Institutions,

- With reference to the Royal Degree Chor Sor/RKT/0398/85 of March 10, 1998 on the appointment of His Excellency Chea Chanto as Governor General of the National Bank of Cambodia,

- With reference to the PRAKAS No. B 700-06 Pror Kor of January 11, 2000 on Licensing of Micro-finance Institutions,

- Pursuant to the agreement of the leader meeting of the National Bank of Cambodia on January 23, 2002.

Decides as following:

Article 1: Licensed Micro-finance Institutions shall at all times maintain a liquidity ratio of at least 100°/°.

Article 2: The liquidity ratio will be calculated as follows:

- numerator: cash on hand, plus deposits with the National Bank of Cambodia, plus deposits

with banks, minus the amount owed to the National Bank of Cambodia and banks ( net

liquidity ), plus the portion of loans outstanding maturing in less than one month - denominator: 25°/°of voluntary savings, excluding compulsory savings.

Article 3: Licensed Micro-finance Institutions shall file monthly calculations of their liquidity ratio in accordance with the reporting format prepared by the National Bank of Cambodia.

Article 4: Violations to the provisions of this Prakas may give rise to disciplinary sanctions as set

forth in Article 52 of the law on Banking and Financial Institutions.

Article 5: All provisions contrary to this Prakas are hereby repealed.

Article 6: The General Direction, the General Secretariat, the General inspection, the General Cashier and all Departments of the National Bank of Cambodia, and all Micro Financial Institutions under of the National Bank of Cambodia supervisory authority shall strictly implement this Prakas.

Article 7: This Prakas shall have effect from the signing date.

Phnom Penh, February 25, 2002
Governor
Signed and sealed: CHEA CHANTO

B 7.02-49 Pror Kor

PRAKAS

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