Ultimate Economic Activity

  • Investment decisions of firms must make economic sense
    • Provide appropriate returns to debt and equity capital providers
    • Return on assets must minimally be above the return on debt

  • Financing of transactions must be in support of true economic activities
    • Not fabricated by borrowers through related party transactions
    • This comes with an understanding of who the ultimate third party buyers and suppliers are

Identifying Potential KYC Issues

  • Ensure that borrowers’ requests are compatible with its financial profile and business operations (a small IT firm like Apple Tech is unlikely to require to operate in a $3m property especially since the TNW is marginal at $333k).
  • Trace down to UBOs of the borrowing entity and conduct a “reasonable banker” due diligence on the UBOs
    • Internet searches in mandarin for Chinese shareholders
    • Conduct reference checks with overseas branches or friendly banks, regulators, 3rd party agencies.
  • Identify red flags in the case
    • Eg. Key shareholder is from a triad background and is linked to casinos business which is prone to potential AML issues

Ultimate Economic Activity

  • Every joint in the value chain should be accounted for:

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