[11]
2.
Electronic database – no hardcopy archive should be available;
3.
A real time registration, editing, updating and search system – no
obstacles should be available to ensure 24/7 maintenance of the operations in
question;
4.
A system allowing to index and search a debtor and property – data
providers and users should be capable to search property owner’s identification
number on the register, his/her name, as well as property’s registration number;
5.
A centralized registry – information on all movable properties should be
maintained in a unified central registry irrespective their form and type;
6.
Acceptance of all assets for registration – no exceptions should be
allowed on movable assets registered under the legislation;
7.
Reasonable fees for registration and inquiries – When setting fees for the
use of the register the key goal should be to set fees enough to cover operational
expenses, rather than making profit;
8.
Registration for a collateralized creditor or his/her legal representative –
registration in the register should be compulsory for a collateralized creditor or
his/her legal representative;
9.
Responsibilities – the register operator shall be kept responsible only for
engineering problems arising during the register operation or in cases of system
unavailability;
10.
Limited judgement – Except for lack of critical information, the register
operator should not be kept responsible for acceptance and rejection of appeals, as
well as accuracy of information.
For a number of researchers identification of the role of the movable
property register in broader access to financial resources has become a subject of
investigation, for instance, the analysis conducted by Professor of Hawaii
University Inessa Love, the World Bank experts Maria Soledad Martinez Peria and
Sandeep Singh in 2013. The survey conducted in enterprises across 73 countries
suggested that, the movable property register mechanisms increased enterprises’
access to bank loans by 8%. They also identified that registers were mostly
[12]
effective for small enterprises. Hence, since small, as well as newly launched
economic agents have fewer fixed assets compared to their competitors – larger
enterprises, the optimum way out for them is to pledge movable property as
collateral.
Case study
China
Efforts realized on the basis of the IMF project in the Peoples Republic of
China (China) may be exemplified as a success story of the secured transactions
mechanism. Prior to 2007 – the commencement of the project – access of SMEs
to finance was very limited. Chinese banks were not interested in issuing
unsecured loans for SMEs or allocated resources only under pledged real estate,
in which case Chinese entrepreneurs had total $2 trillion worth of ‘dead capital’
– movable property at hand.
The situation changed dramatically when the Law on Property took effect
in 2007. The Law both includes the main principles of the modern secured
transactions mechanism and allows encumbrance of moveable property. As a
result of the reform:
the size of commercial loans issued under pledged movable property
jumped by 21% in 2008-2010 compared to previous periods;
the share of SME lending in the commercial loans portfolio increased to
60% in 2010 (44% rise compared to 2006);
the size of factoring operations increased to €67.3 billion in 2009 from
€2.6 billion in 2003;
according to results of the first half of 2011 the size of financing against
receivables reached $3.58 trillion, (the share of SMEs 30% or $1.09 trillion).
[13]
The credit reporting system
The credit reporting system is of key elements of any country’s financial
infrastructure. These systems both trigger healthy competition in the lending
market and allocation of available financial resources across economic sectors and
play a significant role in coverage of economic agents with financial services and
higher financial inclusion. They supply lenders with critical information in credit
decision-making and weigh in on high quality of the lending portfolio and decrease
loans’ operational cost.
Credit reporting systems are considered to be an institutional response to the
asymmetric information, one of the most burning sectoral challenges. They
minimize risks likely to occur due to incomplete or inaccurate data on borrower’s
creditability when he/she applies to a credit institution for a loan, and ensure
completeness of the ‘data chain’. As an information agent in the sector the credit
reporting prevents moral hazard. Moral hazard is a situation when one party with
more information (borrower) imposes the other one (creditor), who has less
information, to a risk due to delivery of incomplete or distorted information,
knowing that the creditor may incur financial losses. The credit reporting system
supports creditor’s sound decision-making by means of exchange of credit data
eventually allowing the latter to incur less cost.
As an element of the credit reporting system credit bureaus fuel financial
discipline contributing to minimization of credit risks in the long run and
promoting borrowers’s responsible lending due to width of information sources
and supplied services, whereas credit registries contribute to effective banking
supervision being under the management and ownership of the state.
Case study
Kredi Kayıt Bürosu (KKB)
Turkey’s first and the only private credit bureau, KKB (The Credit
Registration Bureau) was founded by 9 banks in 1995. Since the day of