Compliance Risk Assessment

Guidance for implementation by NBFCs

Subhojit Shome, Assistant Manager | subhojit@vinodkothari.com

Introduction

The RBI published the Compliance Function and Role of Chief Compliance Officer (CCO) – NBFCs[1] on April 11, 2022 (‘Compliance Circular’) that are applicable on Middle Layer (NBFC-ML) and Upper Layer NBFCs (NBFC-UL) and the deadline to put into place the framework for this function falls due on October 1, 2023 for NBFC-ML and April 1, 2023 for NBFC-UL entities.

The circular brings up the significant aspect of Compliance Risk, a concept that has been for long relevant for Banks[2] and now becomes applicable for specified NBFCs as well. The Compliance Circular define Compliance Risk as follows:

‘the risk of legal or regulatory sanctions, material financial loss or loss of reputation an NBFC may suffer, as a result of its failure to comply with laws, regulations, rules and codes of conduct, etc., applicable to its activities.’

Hence, Compliance Risk goes beyond mere fines and penalties that may arise as a result of compliance irregularities and the Compliance Function needs to consider the entire gamut of adverse events that a company may be exposed to as a result of compliance failures. These may include events with extreme impact such as suspension of business operation or loss of reputation as a result of enforcement action against senior management.

As a crucial piece of being able to anticipate such risks and to put necessary mitigation measures in place the Circular mandates putting in place an effective compliance risk assessment framework and the senior management to review such assessment annually.

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11th Securitisation Summit | Sponsorship Proposal

Details of the 11th Securitisation Summit – https://vinodkothari.com/secsummit/

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Post-event report of the 10th Securitisation Summit – https://vinodkothari.com/2022/05/key-takeaways-10th-securitisation-summit-may-27-2022-the-lalit-mumbai/

For queries regarding participation, partnership or anything else, reach us at: summit@vinodkothari.com / fintrain@vinodkothari.com

Presentation on ICAAP for NBFCs

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Our services and Assistance for ICAAP Implementation can be viewed here – https://vinodkothari.com/2022/09/services-and-assistance-for-icaap-implementation/

Our resources on the topic:

Full Day Workshop on Securitisation and Transfer of Loans

Register here: https://forms.gle/g8XMdjhRUBuWd2Pz7
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Our writeups on the topic:

  1. Video Lecture on basics of Securitisation
  2. Securitisation Primer
  3. Evolution of securitisation – Genesis of MBS
  4. Global Securitisation Markets in 2021: A Robust Year for Structured Finance
  5. Securitisation Glossary
  6. After 15 years: New Securitisation regulatory framework takes effect
  7. One stop RBI norms on transfer of loan exposures
  8. Loan Participations: The Rising Star of Loan Markets
  9. FAQs on Securitisation of Standard Assets
  10. FAQs on Transfer of Loan Exposure
  11. Legal Issues in Securitization
  12. Has the cover fallen off Covered Bonds?
  13. Security Token Offerings & their Application to Structured Finance
  14. Resurgence of synthetic securitisations: Capital-relief driven transactions scale new peaks
  15. Understanding the budding concept of green securitization

2022 in retrospect: Regulatory activity in the financial sector

– Vinod Kothari | finserv@vinodkothari.com

It has been a brisk year in terms of activity – a busy regulator kept  all regulated entities busier. This year marked the initiation of a new SBR framework for NBFCs – hence there was a lot of buzz in terms of understanding the new regulatory framework. The names of 16 Upper layer entities were declared by the RBI – consisting of 5 HFCs, 10 NBFC-ICCs, one CIC[1]. As is the design, UL entities are treated at par with banks in terms of regulatory intensity –hence, there is a LEF (large exposure framework), differential provisioning norms in case of  standard assets, CET-1 capital requirement, mandatory listing etc.

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Full Day Workshop on Partnering in lending (Mumbai)

Loan sourcing, co-lending, transfer of loans, securitisation

Please note that registration for the workshop is closed, thank you for the overwhelming support! Do express your interests by filling this form: https://forms.gle/qoUwx99aV1acELSp6
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Details of our workshop in Bengaluru: https://vinodkothari.com/2022/12/full-day-workshop-on-partnering-in-lending/

Our recent write-ups on the topic:

Financial Services- https://vinodkothari.com/category/financial-services

Digital Lending- https://vinodkothari.com/?s=digital+lending

The sale of season: Holding period requirements for assignments and securitisation

– Team Finserv | finserv@vinodkothari.com

Any sale or assignment or transfer, including securitisation, of loans is subject to a minimum seasoning with the originator. Under the extant regulatory provisions, such requirement is referred to as ‘Minimum Holding Period’ (MHP), which means the minimum period for which the originator should have held the loan exposures before the same is transferred to the transferee or Special Purpose Entity (SPE), as the case may be. This serves several purposes: that the loan was not originated for sale, the originator has had some equity in the loans, and that there is a benefit of hindsight of performance.

MHP requirements have always been a part of the regulations in India. However, on December 5, 2022, the Reserve Bank of India (RBI) made certain amendments to the Master Direction – Reserve Bank of India (Transfer of Loan Exposures) Directions, 2021[1] (‘TLE Directions’) as well as the Master Direction – Reserve Bank of India (Securitisation of Standard Assets) Directions, 2021[2] (‘SSA Directions’). Among the other changes, there was a change in the MHP provisions; this change may have a significant impact on future transactions. 

This write-up intends to clarify the position with respect to the computation of MHP for different types of loans under TLE Directions as well as SSA Directions.

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RBI amends TLE Directions

– Team Finserv | finserv@vinodkothari.com

The Reserve Bank of India (RBI) made certain amendments to the Master Direction – Reserve Bank of India (Transfer of Loan Exposures) Directions, 2021 (‘TLE Directions’) on December 05, 2022. The long-awaited welcome move of allowing ARCs to acquire loans falling in 1-60 DPD as well is being well appreciated. Some of the changes seem to be creating a confusion; say not allowing foreign branches of Indian banks to acquire defaulted loans; while others, seem to be providing more clarity; such as clarifying that registration of security interest for the purpose of computing MHP shall mean registration of security interest with CERSAI only.

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Three significant changes in Securitisation Directions

Loans with less than 1 year to go cannot be securitised; Minimum holding period norms tweaked, may impact home loan securitisation

– Vinod Kothari | finserv@vinodkothari.com

On December 5, 2022, the RBI silently made some significant changes and updated the RBI (Securitisation of Standard Assets) Directions, 2021 (‘SSA Directions’). It is difficult to understand if these amendments are pursuant to some consultation, or feedback gathered from supervisory experience. The three significant changes seem to be mutually disconnected, though some of the amendments are related to the amendments made, on the same date, to the RBI (Transfer of Loan Exposures) Directions, 2021 (‘TLE Directions’) too.

We deal with the three amendments, and their implications, below:

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Full Day Workshop on Partnering in lending:

Loan sourcing, co-lending, transfer of loans, securitisation

Register here: https://forms.gle/Nq13Qf58uH3qge9D7

Venue: The Chancery Hotel, 10/6, Lavelle Road, Shanthala Nagar, Ashok Nagar, Bengaluru 560001 (location)

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Our upcoming workshops: https://vinodkothari.com/workshop-training/

Our resources:

Financial Services- https://vinodkothari.com/category/financial-services

Digital Lending- https://vinodkothari.com/?s=digital+lending