RBI has been concerned with the adverse regulatory arbitrage posing systemic risk in the NBFC sector. In order to align the regulatory provisions with the objective of preserving financial stability and reducing systemic risks, a scale based regulatory framework has been introduced which is to be effective from October 1, 2022. The SBR is a calibrated and graded regulatory framework proportional to the systemic significance of NBFCs.
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Entities are exposed to financial risks arising from many aspects of their business. The nature of the risks varies with the nature of the business activities carried on by the business entities, for example, some entities might be concerned about exchange rates or interest rates, while others might be concerned about commodity prices. Entities implement different risk management strategies to eliminate or reduce their risk exposures.
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Systemic risk of NBFCs has been an issue for discussion, specifically in India as there have been some major NBFC failures, and the issue of inter-connectivity between NBFCs and the rest of the financial sector became clearly evident. The issue is not limited to India, an annual publication of the Financial Stability Board, called Global Monitoring Report on Non-banking Financial Intermediation has been drawing attention to the increasing relevance of non-banking financial intermediaries and the risk they pose on a global level.[1]
In order to carry out the risk assessment, the banks are required to follow the Internal Capital Adequacy Assessment Process (ICAAP) as per Pillar II of the Basel II framework. However, with the increasing importance of non-banking financial institutions, the RBI has through its Revised Regulatory Framework for NBFCs (Revised Framework)[2] have inserted the ICAAP requirements to the middle layer NBFCs too from October 2022.
Under the existing regulatory framework, the NBFCs are required to carry out stress testing of only securitisation exposures or pool of loans acquired from other institutions.
As this would be a new requirement for NBFCs, and the specific directions in this respect are still awaited, the literature and guidance in this respect is scarce. In this article we have tried to discuss in brief, the expectations of the regulator along with a probable approach for NBFCs towards the ICAAP.
The RBI, vide a so-called “clarification” dated February 15, 2022[1], relating to what itself was termed as a “clarification”, dated November 12, 2021[2], has effectively provided a reprieve to NBFCs for treating those assets as NPAs, which have historically had a default of 90 days or more, but are currently trailing by less than 90 days. Unfortunately however, the clarification comes on the 45th day of the end of 3rd quarter, by which all listed NBFCs, and debt-listed entities, would have already prepared and published their financial results for the quarter, which would have implemented the November 12 Clarification.Read more →
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One of the important elements of the lending process is credit evaluation of customers, which involves referring to the credit information of such customers. Credit information is the information relating to credit performance or credit worthiness of the customer. Procurement, storage and distribution of such credit information is regulated by the Credit Information Companies (Regulation) Act, 2005 (‘Act’)[1] and the regulations made thereunder. Read more →
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