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Our performance in 2009 - Sappi

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136<br />

Notes to the group annual f<strong>in</strong>ancial statements cont<strong>in</strong>ued<br />

16. Trade and other receivables cont<strong>in</strong>ued<br />

16.3 Fair value<br />

The directors consider that the carry<strong>in</strong>g amount of trade and other receivables approximates their fair value.<br />

16.4 Trade receivables pledged as security<br />

Trade receivables with a value of US$460 million (2008: US$415 million) have been pledged as collateral for amounts<br />

received from the banks <strong>in</strong> respect of the securitisation programme. The value of the associated liabilities at year end<br />

amounted to US$400 million (2008: US$360 million). The group is restricted from sell<strong>in</strong>g and repledg<strong>in</strong>g the trade receivables<br />

that have been pledged as collateral for the liability.<br />

16.5 Off balance sheet structures<br />

Letters of credit discount<strong>in</strong>g<br />

To improve the group work<strong>in</strong>g capital, the group sells certa<strong>in</strong> letters of credit to ABN AMRO Hong Kong and DBS Bank<br />

(London) at every f<strong>in</strong>ancial month end on a non-recourse basis.<br />

‘Scheck-Wechsel’<br />

The Scheck-Wechsel is a f<strong>in</strong>ancial guarantee supplied by <strong>Sappi</strong> to the bank of certa<strong>in</strong> customers (trade receivables) who<br />

wish to obta<strong>in</strong> a loan to f<strong>in</strong>ance early payment of specified trade receivables (thereby benefit<strong>in</strong>g from an early settlement<br />

discount). By sign<strong>in</strong>g the Scheck-Wechsel, <strong>Sappi</strong> provides a f<strong>in</strong>ancial guarantee to the bank of the customer.<br />

This f<strong>in</strong>ancial guarantee contract is <strong>in</strong>itially recognised at fair value. At <strong>in</strong>ception the risk for <strong>Sappi</strong> hav<strong>in</strong>g to reimburse the<br />

bank is nil because there is no evidence that the customer will not reimburse its loan to the bank. There is also no guarantee<br />

fee due by the bank and the Scheck-Wechsel is a short-term <strong>in</strong>strument (maximum 90 days). Therefore the fair value is zero<br />

at <strong>in</strong>ception. Subsequently, the f<strong>in</strong>ancial guarantee contract is measured at the higher of:<br />

(i) the amount determ<strong>in</strong>ed <strong>in</strong> accordance with IAS 37 Provisions, Cont<strong>in</strong>gent Liabilities and Cont<strong>in</strong>gent Assets; and<br />

(ii) the amount <strong>in</strong>itially recognised less any cumulative amortisation.<br />

As no event of default has occurred, no provision has been set up and the fair value at year end rema<strong>in</strong>s at zero. However,<br />

accord<strong>in</strong>g to IAS 37 a cont<strong>in</strong>gent liability of US$25 million (2008: US$20 million) has been disclosed <strong>in</strong> this respect.<br />

Trade receivables securitisation<br />

To improve their cash flows <strong>in</strong> a cost-effective manner, <strong>Sappi</strong> F<strong>in</strong>e Paper North America, <strong>Sappi</strong> F<strong>in</strong>e Paper Europe and <strong>Sappi</strong><br />

Trad<strong>in</strong>g sell all eligible trade receivables on a non-recourse basis to special purpose entities (SPEs) that are owned and<br />

controlled by third party f<strong>in</strong>ancial <strong>in</strong>stitutions. These SPEs are funded with us but securitise assets on behalf of their<br />

sponsors for a diverse range of unrelated parties. We have a servic<strong>in</strong>g agreement with the entities acquir<strong>in</strong>g our receivables,<br />

act<strong>in</strong>g as servicers for the collection of cash and adm<strong>in</strong>istration of the trade receivables sold.<br />

<strong>Sappi</strong> Forest Products securitisation facility<br />

<strong>Sappi</strong> sells the majority of its ZAR receivables to FirstRand Bank Limited, which issues commercial paper to f<strong>in</strong>ance the<br />

purchase of the receivables. <strong>Sappi</strong> does not guarantee the recoverability of any amounts, but shares proportionately with<br />

FirstRand Bank Limited the credit risk of each underly<strong>in</strong>g receivable, after all recoveries, <strong>in</strong>clud<strong>in</strong>g <strong>in</strong>surance recoveries, with<br />

<strong>Sappi</strong> bear<strong>in</strong>g 15% of such risk (and FirstRand Bank Limited the rema<strong>in</strong>der). <strong>Sappi</strong> adm<strong>in</strong>isters the collection of all amounts<br />

processed on behalf of the bank that are due from the customer. The purchase price of these receivables is adjusted dependent<br />

on the tim<strong>in</strong>g of the payment received from the client. The rate of discount<strong>in</strong>g that is charged on the receivables is JIBAR<br />

(Johannesburg Interbank Agreed Rate) plus a spread. This structure is currently treated as an off balance sheet arrangement.<br />

The total amount of trade receivables sold at the end of September <strong>2009</strong> amounted to US$171 million (September 2008:<br />

US$194 million). Details of the securitisation programme at the end of fiscal <strong>2009</strong> and 2008 are disclosed <strong>in</strong> the<br />

tables below.<br />

If this securitisation facility were to be term<strong>in</strong>ated, we would discont<strong>in</strong>ue further sales of trade receivables and would not<br />

<strong>in</strong>cur any losses <strong>in</strong> respect of receivables previously sold <strong>in</strong> excess of the 15% mentioned above. There are a number of<br />

events which may trigger term<strong>in</strong>ation of the facility, amongst others, an amount of defaults above a specified level; terms<br />

and conditions of the agreement not be<strong>in</strong>g met; or breaches of various credit <strong>in</strong>surance ratios.<br />

The impact on liquidity varies accord<strong>in</strong>g to the terms of the agreement; generally, however, future trade receivables would<br />

be recorded on balance sheet until a replacement agreement was entered <strong>in</strong>to.

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