BEING a banker once, I cannot help but express my understanding and views on
this matter. I think, a lot of people have a misconception on the roles of
Credit Reference Agencies (CRA) such as CTOS and how banks use their information
for their evaluation and decision-making.
While both parties continue to debate, let me share why banks require the
services of CTOS. Banks are in the business of taking deposits and providing
lending facilities to the public.
They need useful background information to undertake proper due diligence before
entering into any contractual relationship with potential customers.
With the rising number fraud cases, money laundering, terrorism financing,
creative or cosmetic accounting, banks are now expected to further enhance their
internal controls and risk management processes.
Hence, the need to have access to CRA information is imperative and a
fundamental step for protecting the banks’ interest.
An individual who has no record with CTOS may not necessary be granted a loan as
he is still subject to many other credit assessments by the bank.
For example, if an individual does not have the repayment capabilities or
collateral, the bank would not grant him a facility.
Ultimately it is the bank’s call and CTOS information is just being used as a
guide.
I am sure we all need timely and the latest information. Nevertheless, even with
the advent of technology, information we receive from the stock market has yet
been timely and perfect.
Thus, there are people that could easily make profits from arbitration.
In view of this, what then is the appropriate definition of “updated
information” that is acceptable to all? No one seems to look at this point and
concretely or specifically suggest how best the information can be “updated”.
Most banks by now, have prepared for Basel II risk-based framework.
Effectively managing risk is one of the banks’ core concerns and this would also
mean long-term survival of the banks.
As customers of the banks, we would naturally want convenience and utmost
security when transacting with banks.
If we expect these qualities from the banks, reciprocally the banks, too, have
certain expectations from customers.
They are also interested in quality customers.
If an individual has been discharged as a bankrupt or has fully paid up all
outstanding amounts from a borrowing, it is the onus of the individual to
provide documentary evidence to the bank that he is clean.
If he desperately needs a loan, it will be in his interest to provide the
necessary information for the bank to proceed.
Generally, CTOS and the other CRAs are doing a good job providing useful
information to the banks as well as to other financial institutions.
Banks should not be subjected to any regulatory restrictions when it comes to
choosing which information provider that would best suit their needs.
After all, CTOS is only an information provider with no mandated authority to
blacklist or act.
Hence, the shallow thought of suspending CTOS at this juncture is, rather
emotional and unwise without offering an acceptable solution.
As much as an individual who needs financing badly, banks too, need to survive.
Without CTOS and CRA, banks and financial institutions are indeed exposed to
significant risk and potential threats. It is like driving at night without
lights.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).