HAVING gone through a few recessions and occasional global financial
crisis in my lifetime, I have seen enough suffering by genuine business
owners and their families.
When the going gets tough, the banks
call in the loans and their cash-strapped business just fold up. The
bank will then sell their pledged collateral and sue them till they are
declared bankrupt. Standard operating procedures (SOP) for the bank and
sobbing by the poor chap.
Then you have property speculators and
big-time stock market manipulators bankrolled by greedy bankers until
the bubble burst and the market crash. All hell will break loose as all
parties scramble to damage control mode. The cash rich speculators will
survive but the bankers always end up with having to take an unwanted
haircut. High margins come with high risks. Fair game.
To get a
loan, small businessmen have to charge to the bank whatever properties
they have as collateral. At all times, they have to sign a personal
guarantee too, just in case the bank cannot fully recover their loan sum
from the forced sale of the property.
Unless you are someone
special with VVIP status, the bank will come after you. Trust me,
bankers are sticklers to SOP and they will make sure your name appear in
the classified pages for bankruptcies if you don't pay up.
So, I
am sure everyone is watching with great interest the latest promise in
parliament by our Agriculture and Agro-based Industries Minister on the
full recovery of the RM250mil loan from the
National Feedlot Corp.
It
looks like there were no properties charged to the Government as the
600ha in Gemas was leased from the Negri Sembilan government for
RM200,000 a year and the condominiums were bought with the loan money.
Did the borrowers provide the Government with any personal guarantees?
As
with all loans, recovery of the loan sum will start with a demand
letter saying that the bank/government is recalling the loan and you are
given three months to pay back in full, principal sum with interest. Or
else they will take you to court and sue you. Once they get judgement
against you, the court will appoint a liquidator to salvage whatever
assets you have and sell whatever cows and bells left to any interested
cowherd with a big haircut. If you have signed a personal guarantee, you
will be a bankrupt. Nothing personal, just SOP.
Now you are
really on your own, with nobody to turn to. All your so-called friends
are avoiding you like the plague. What can you do?
As an
experienced restructuring expert and part-time lipstick salesman, my
advice to you is not to hire sleazy advisors to solve your problems or
you will end up suing him for unsatisfactory service levels filled with
lies and empty promises.
There is no bypassing the SOPs. When the
shit hits the fan, it is every man for himself. You still have to pay
back... in full. Stay calm and meditate and God will show you the way.
First
step is to look for a friendly tycoon who can buy over the cow business
for RM250mil in the name of national interest. It is only petty cash to
the tycoon but it will blend in nicely into his portfolio of staple
food businesses.
Do not worry if nobody wants to talk to you now
because the concerned ministry is already talking to a few parties for a
friendly takeover. Maybe an attractive haircut might work.
If
the first step doesn't work, I suggest you take the next step with
caution. You can borrow RM250mil from Ah Longs but make sure you pay the
high interest rates or your house will be splashed with red paint and
your neighbours will know about your non-payment. That would really be
embarrassing.
Ok, maybe that was a wrong step to recommend. As a
last resort, when in court, plead ignorance, blame everybody else for
your ills. Be a man like William Hung, admit you have no experience and
you did not know a bull from a cow. Since you have not signed any
personal guarantees, they will only take whatever is left in the company
which should be fine with you. It was never yours in the first place.
My
simple advice to entrepreneurs who need bank loans to expand the
business, make sure you treat the approved loans with utmost respect.
The loan officers have put their heads on the chopping block when they
recommended your loan application.
If you failed them due to
mismanagement and misinformation, you can bet your last dollar they will
come after you and make sure your next four generations will continue
to pay your debt.
Oh yeah, another piece of an advice. Do not wear V neck pink t-shirts when you meet your bankers. Just play it straight.
There are just too many issues raining down on our heads nowadays and we do not need another downpour.
ON YOUR OWN
By TAN THIAM HOCK
To access earlier articles of On Your Own, log on to www.thiamhock.com. Honest comments welcomed and approved.
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