Tuesday, April 23, 2019

Bai Salam Financing: Conditions and Eligibility Criteria

Salam Financing


Bai Salam Financing is an advance payment against deferred  delivery of goods. The seller/customer undertakes to supply  specific goods to the buyer/bank at a future  date in exchange of an advance price fully  paid at spot, but the supply of purchased  goods is deferred to a fixed date.  The seller/customer gets in advance the  money he/she/it wants in exchange of  his/her/its obligation to deliver the  commodity later.  The bank buys the farm output to be  produced in the future against the full spot  payment of the price which may be utilized  by the farmer to meet his/her/its financing  needs. This finance is developed to meet the need of farmers for working capital purposes to grow  their crops up to the time of harvest, it was beneficial to the bank also  because normally the price in Salam is  lower than the price in spot sales. Generally, this type of financing is used to meet short  term working capital requirements of farmers during farming process of both seasonal crops and permanent plantations. 




The major purposes of the financing includes purchase of seeds, fertilizers,  pesticides, insecticides, herbicides, weedicides, manual sprayers, Maintenance of farm/plantation, machinery, and other  working capital needs in terms of labor  charges, water charges, utility charges,  transport etc.The duration of Bai Salam transaction is  usually a production cycle or eighteen  months, whichever is shorter.  The minimum/floor pricing of a specific  financing product shall be set by the bank. 

Possession of goods can be physical or  constructive. If the bank has no expertise to sell the  commodities received under Salam  contract, then the bank can appoint the  customer as its agent to sell the commodity  in the market to the third party. A price must be determined in agency  agreement on which the agent will sell the  commodity but if the price is increased, the  benefit can be given to the agent. Once agreed upon, a Salam contract  cannot be revoked unilaterally by any party.  But it can be cancelled or partially cancelled  with mutual consent by returning the actual  or proportionate amount of price paid. 

In parallel Salam  arrangement, there must be two different and  independent contracts; one where the bank  is a buyer and the other in which it is a  seller. The two contracts cannot be tied up  and performance of one should not be  contingent on the other. Therefore, even if  the farmer did not deliver the commodity  on due date, the bank is duty bound to  deliver the same. The bank can seek  whatever recourse he has against the  farmer, but he cannot rid himself from his  liability to deliver the commodity parallel  Selam contractors. If, due to any unforeseen reason, it is  not possible to deliver the commodity on  the due date, the bank and the customer  could change the commodity with mutual  consent. 

Similarly, if  seller/farmer has delivered defective goods,  which do not conform to the agreed  specifications, the bank is still obligated to  deliver the goods to parallel Selam  contractors according to the specifications  agreed with them. A Salam arrangement cannot be used as a  buy back facility where the seller in the first  contract is also the purchaser in the second.  Even if the purchaser in the second contract  is a separate legal entity, but owned by the  seller in the first contract; it would not  tantamount to a valid parallel Salam  agreement 

Conditions for Bai Salam Financing


  • It is necessary for the validity of Salam  that the bank pays the price in full to the  seller at the time of effecting the sale. The  basic wisdom for allowing Salam is to fulfill  the "instant working capital need" of the  farmer. If it is not paid in full, the basic  purpose will not be achieved.
  • Only those goods can be sold through a  Salam contract in which the quantity and  quality can be exactly specified.
  • Salam cannot be effected on a particular  commodity or on a product of a particular  field or farm. E.g. Agreement to supply  wheat of a particular field or the fruit of a  particular tree is impermissible, since there  is a possibility that the crop is destroyed  before delivery and given such possibility,  the delivery remains uncertain.
  • All details in respect to quality of goods  sold must be expressly specified leaving no  ambiguity, which may lead to a dispute.
  • It is necessary that the quantity of the  commodity is agreed upon in absolute  terms. It should be measured or weighed in  its usual measure only, meaning what is  normally weighed cannot be quantified and  vice versa.
  • The exact date and place of delivery  must be specified in the contract.Salam cannot be effected in respect of  things, which must be delivered at spot.The time of delivery should be at least  fifteen days or one month from the date of  agreement. Price in Salam is generally  lower than the price in spot sale. The period  should be long enough to affect prices.
  • Since price in Salam is generally lower  than the price in spot sale; the difference in  the two prices may be a valid profit for the  Bank.
  • The marketability and price stability of  the agricultural crops to be financed should  be identified at first hand.
  • Before delivery, goods will remain at  the risk of seller/customer and after  delivery risk will be transferred to the  purchaser/bank.
  • The market value of substituted  goods shall not be higher than the market  value of the originally agreed commodity, at  the time of delivery.
  • If the customer offers better quality  goods by his/her/its own consent, the bank  shall preferably accept the same. However,  in case of inferior quality of goods it has an  option to accept or reject the goods.
  • In case of default the customer shall  pay an agreed amount of penalty.
  • If the seller fails to perform his/her/its  obligation, due to insolvency or genuine  reasons, he/she/it shall be given an  extension of a maximum days indicated in the bank policy.  However, the bank may charge expenses  incurred in relation with financing  administration. and
  • If the total or partial quantity is not  available on due date, the bank has an  option to wait until the time when the  commodity becomes available or it could  demand its money back.
  • After purchasing a commodity by way  of Salam, the bank can sell it through a  parallel contract of Salam for the same date  of delivery. The period of Salam in the  second parallel contract is shorter and the  price is higher than the first contract. The  difference between the two prices shall be  the profit earned by the Bank
  • The bank can obtain a promise to  purchase the yield from a third party. This  promise should be unilateral from the  expected buyer. The buyer does not have to  pay the price in advance. When the bank  receives the commodity, it can sell it at a  pre-determined price to a third party  according to the terms of the promise.

Specific Eligibility Criteria for Bai Salam Financing
  • The applicant shall provide Land Holding  Certificate and/or Land Lease Agreement,  as the      case may be,
  • The applicant shall provide a supporting  letter that confirms his organizing agency, or other appropriate  government body as deemed necessary,
  • The applicant shall provide its/his/her  business plan.
  • The applicant should have been in the  business for at least one year and with a  good business  track record.
  • Applicants shall provide provisional or  audited financial statements (as the case  may be)
  • If the applicants are Associations,  Cooperatives, Unions, or Commercial  Farms, they shall provide a document that  confirms acquiring or renting basic  infrastructure, such as appropriate office  and store (working premises).
  • The Bank may financing both rain fed,  semi-irrigated or irrigated farming.
  • The bank shall demand a security in the  form of a guarantee or mortgage in order to  ensure that the seller/farmer delivers the  products timely.
  • The customer should buy crop  insurance from appropriate insurance  companies including   fluctuation, and quality deterioration  policies. (if the policy exists)









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