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Commercial Loan Documentation, Certificate Program

By:
Jeffery Johnson, Senior Consultant, Bankers Insight Group
Coming soon.. Please contact customer care for new schedule

Course Description:

The lending process includes the following phases: application, investigation, evaluation, decision, documentation, administration, and collection. This workshop will detail why each of these phases require some form of documentation in order to protect the bank’s interest. Loan documentation extends beyond legal documents such as the promissory notes and security agreements and also includes other documents supporting the lender’s decision to approve the loan.

The internal loan review process has been elevated to a professional status requiring personnel with proven education and experience to be involved. The certification process in this course will examine the knowledge and skill level of individuals in the following areas:

  • Role of loan review in banks
  • Importance of the lending function
  • Importance of credit policy compliance
  • Determining credit worthiness through credit analysis
  • Interpretation of financial statements
  • Net operating income analysis during the lending process

The workshop will also train participants in following the five steps in the documentation process including documents to:

  • Identify the borrower
  • Legally classify and value the collateral
  • Evidence the debt
  • Attach the collateral
  • Commercial lending compliance

The loan review certification curriculum will cover:

  • Major regulatory lending guidance for bankers/lenders to follow
  • Loan grading system
  • Communications skills with bank personnel and regulators
  • Preparations of loan review reports for internal and external review
  • Loan portfolio analysis and trends
  • Past due
  • Concentrations
  • Technical exceptions

Further, the course will also highlight best practices in the loan review process such as:

  • How to minimize losses by the early identification of credit weaknesses
  • How to provide essential information for determining the adequacy of valuation allowances
  • How to monitor compliance with policies, procedures, laws, and regulations
  • How to provide senior management and the board of directors with an objective assessment of the overall quality of the loan portfolio
  • How to help ensure the integrity of financial reports

This seminar will utilize case studies to demonstrate the commercial loan documentation and prepare participants to pass an examination to ensure understanding of the course content.



Learning Objectives:

After completing this course, participants will:

  1. Recognize the documents required to complete the five steps in the documentation process
  2. Have a good working knowledge of the purpose of each document
  3. Be able to provide a broad overview of the loan documents’ provisions to borrowers
  4. Know the rules of perfecting the security interest under the rules of Article 9 of the Uniform Commercial Code
  5. Know the basic documentation required for closing an agricultural loan
  6. Be exposed to some loan processing management techniques


Who Will Benefit:

  • Credit officers and managers
  • Credit and financial analysts
  • Commercial and consumer lending officers
  • Auditors
  • Senior officers in charge of company policy with regard to procedures, policy and law
  • Personnel directors
  • Commercial branch officers


Topic Background:

Loan documentation is a critical component in the lending process as it transforms the transaction into a legally enforceable form and clarifies the transaction so that each party understands the details of the lending arrangement.

According to the FDIC Manual of Examination Policies, “The examiner’s evaluation of a bank’s lending policies, credit administration, and the quality of the loan portfolio is among the most important aspects of the examination process. To a great extent, it is the quality of a bank’s loan portfolio that determines the risk to depositors and the FDIC’s insurance fund….Emphasis on review and appraisal of the loan portfolio and its administration by bank management during examinations recognizes, that loans comprise a major portion of most bank’s assets; and, that it is the asset category which ordinarily presents the greatest credit risk and potential loss exposure to banks.”

The statement above needs no further explanation of the importance of the loan portfolio to banks. Those who are entrusted to maintain a safe and sound loan portfolio are scrutinized carefully by federal regulators, before they are hired by financial institutions and while they hold their current credit administration position.

Loan review serves as the eyes and ears of the board of directors, and is the first line of defense in guarding against a faltering loan portfolio by acting as an early warning system for potentially bad loans or negative trends.

Personnel hired to management the loan review process require certain qualifications and skills in order to satisfy the federal regulators’ concerns over the loan review function in banks. As such, this creates an opportunity for banking association to provide a certification process for those involved in this important bank function.





Course Outline:

Day 1 (8:30 AM – 4:30 PM) Day 2 (8:30 AM – 4:30 PM)
  • 8:30 – 9:00 AM: Registration
  • 9:00 AM: Session Start Time
  1. Identify the Various Types of Organizations and the Documents Required to Establish their Legal Identity of the Borrower
    1. Corporations - Articles of Incorporation, By-Laws, Certificate of Good Standing
    2. Partnerships – Partnership Agreements
    3. Limited Liability Company - Articles of Organization, Operating Agreements
    4. Sole Proprietorship – Driver’s License, Birth Certificates, etc., Agreements

    Documents to Establish Authority to Borrow

    1. Corporate and Partnership Resolutions
    2. Opinion Letters
  2. Identification, Classification and Valuation of the Collateral
    1. Defining Collateral Types and Knowing When to Use Proper Collateral Types
    2. Reviewing Collateral Valuation Documents including Appraisals, Sales Contracts, Invoices and Evaluations
  1. Documents to Evidence the Debt
    1. Proposal Letters
    2. Commitment Letters
    3. Promissory Notes
    4. Business Loan Agreement
  2. Documents to Attach and Support Various Types of Collateral
    1. Security Agreement
    2. Deed to Secure Debt
    3. Hypothecation Agreement
    4. Guaranty Agreement
    5. Subordination Agreement
    6. Landlord’s Waiver
    7. Insurance Policies
  3. Documents and Actions Required to Perfect the Security Interest
    1. Perfection under the Uniform Commercial Codes
    2. Certificate of Titles
    3. Perfection by Control
    4. Perfection by Possession
    5. Perfection by Attachment
    6. Perfection for Unusual Types of Collateral





Meet Your Instructor:

Jeffery W. Johnson
Senior Consultant, Bankers Insight Group

Jeffery Johnson started his career with SunTrust National Bank in Atlanta as a management trainee and progressed to vice president and senior lender for SouthTrust Bank (a large Southeastern regional bank) and senior vice president and commercial banking division manager for Citizens Trust Bank of Atlanta (community bank).

Most of his career has been spent in credit administration, lending (commercial, consumer and real estate), business development, loan review, management, and training and development. He has managed loan portfolios representing a cross section of loan types including: large corporate, high net worth individuals, middle market companies, small businesses, real estate and non-profit organizations and managed several loan officers with portfolio management responsibilities.

Mr. Johnson is now a training professional in the industry leading various banking seminars, both within the US and internationally. He teaches actively for twenty-two state banking associations and community banking associations in the United States, and for the Risk Management Association (RMA) and individual banks nationwide. He co-authored a training course entitled “Lending to Service and Other Professional Organizations” for RMA in 2001.

Mr. Johnson earned his B.A. in Accounting degree from Morehouse College in Atlanta, GA; MBA in Finance from John Carroll University in Cleveland, Ohio; and his banking diploma and certification from the Prochnow School of Banking at the University of Wisconsin-Madison and the First American Management Institute at the University of Pennsylvania’s Wharton School of Business.






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