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Amendments to Credit Card and Debit Card Master Direction: Enhancing Consumer Protection

-Archisman Bhattacharjee I finserv@vinodkothari.com

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Expected credit losses on loans: Guide for NBFCs

– Vinod Kothari | finserv@vinodkothari.com

One of the most important, and often the most complicated issues in applying IndAS 109 to financial assets, particularly loan portfolios, is to the computation of expected credit losses (ECL). The following points need to be noted about ECL computation:

  • ECL is not relevant for assets which are subject to FVTPL. Hence, ECL computation is relevant for assets subject to amortised cost and FVOCI. This means, practically, all loan assets of NBFCs will be covered.
  • ECL is not a provision – it is a loss allowance. Therefore, ECL is debited to P/L account.
  • ECL is to be measured and re-measured every reporting period.
  • ECL is a present value measure. Therefore, even if there is no change in the estimates of the delays or defaults, there will still be a change in the ECL estimates, due to unwinding of the discount. The unwinding of the discount results in reduction of the ECL allowance.
  • The assessment of ECL has to be done even if the loan is perfectly performing. In fact, ECL computation has to be done at the very inception of the loan, when the question of monitoring its performance does not arise. As to why ECL is relevant for a performing loan, see discussion below.
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Choppy landing for soft lending: Regulatory concerns on quality of lending

– Vinod Kothari, finserv@vinodkothari.com

Some of the RBI’s recent stringent actions, with stop-business directions, raise an alarm amongst financial sector entities. Are these concerns limited to a particular type of lending, or can they lead to any general observations on the quality of lending? One shouldn’t be tunnel-visioned and believe that these regulatory objections are limited to specific types of collateral – gold lending, IPO funding or loans against share trading. In fact, underlying these concerns is a general philosophy – lenders must do a close introspection of their lending practices.

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Streamlined Regulatory Reporting Across Specified Entities

– Archisman Bhattacharjee & Kaushal Shah | finserv@vinodkothari.com

What is the circular about?

In order to harmonise the procedure of filing of regulatory returns across Supervised Entities (SEs) and create a single reference point, the RBI has issued Master Directions RBI (Filing of Supervisory Returns) Directions, 2024 (‘Returns Master Directions’) on February 27, 2024. As stated in the Statement on Developmental and Regulatory Policies dated August 10, 2023, these directions consolidate and harmonize instructions for filing supervisory/ regulatory returns.  

Who is it applicable on?

The Returns Master Directions cover the following entities, collectively referred to as Supervised Entities (‘SEs’):  

  • All Commercial Banks including:
    • Public Sector Banks,  
    • Private Sector Banks,  
    • Small Finance Banks,  
    • Payments Bank,  
    • Local Area Banks, and 
    • Foreign Banks.
    • (excluding Regional Rural Banks)
  • Primary (Urban) Co-operative Banks. 
  • All India Financial Institutions (including Exim Bank, NABARD, NHB, SIDBI, and NABFID)
  • All NBFCs (excluding HFCs)
    • HFCs are excluded as their supervisory role is undertaken by NHB
  • All Asset Reconstruction Companies

From when are the new Returns Master Directions effective?

These Master Directions are effective immediately as on the date of notification (i.e. February 27, 2024)

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IT Governance: Upgrade needed by April 01, 2024

– Subhojit Shome, Manager | finserv@vinodkothari.com

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Transparency in lending: RBI Mandates KFS for Retail and MSME Loans

– Chirag Agarwal, finserv@vinodkothari.com

The RBI has vide its Statement on Developmental and Regulatory Policies dated February 08, 2024, announced its decision to mandate Regulated Entities (REs) to provide Key Fact Statement (KFS) for retail and Micro, Small & Medium Enterprise (MSME) loans. 

What is KFS? What are its contents?

  • A crisp, clear and key information about loan terms. KFS typically includes details such as the all-in-cost of the loan, interest rates, fees, repayment terms, and any associated risks. 
  • Because KFS is standardised, it enables borrowers to make comparison with terms offered by other lenders. 
  • Plus, it is at-a-glance view, enabling the borrower to avoid the legalese.
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Online Workshop on Regulatory Concerns on Fair Lending Practices and KYC

Register here: https://forms.gle/cQ3RYWAwhqd3hqTs7
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Our resources on KYC can be accessed here.

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NBFC Regulation turned sixty

Vinod Kothari, finserv@vinodkothari.com

Not sure if any cake was cut[1], but NBFC regulation turned 60, on 1st Feb., 2024. It was on 1st Feb., 1964 that the insertion of Chapter IIIB in the RBI Act was made effective. This is the chapter that gave the RBI statutory powers to register and regulate NBFCs.

1964: Insertion of regulatory power

What was the background to insertion of this regulatory power? Chapter IIIB was inserted by the Banking Law (Miscellaneous Provisions) Act, 1963. The text of the relevant Bill, 1963  gives the object of the amendment: “The existing enactments relating to banks do not provide for any control over companies or institutions, which, although they are not treated as banks, accept deposits from the general public or carry other business which is allied to banking. For ensuring more effective supervision and management of the monetary and credit system by the Reserve Bank, it is desirable that the Reserve Bank should be enabled to regulate the conditions on which deposits may be accepted by these non-banking companies or institutions. The Reserve Bank should also be empowered to give to any financial institution or institutions directions in respect of matters, in which the Reserve Bank, as the central banking institution of the country, may be interested from the point of view of the control of credit policy.”

Therefore, there were 2 major objectives – regulation of deposit-taking companies, and giving credit-creation connected directions, as these entities were engaged in quasi-banking activities.

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Regulatory oversight over Self Regulatory Organisations in the Fintech Sector 

Analysis of the Draft Framework for Self Regulatory Organization(s) in the Fintech Sector

– Archisman Bhattacharjee, finserv@vinodkothari.com

Introduction

On January 15, 2023, the Reserve Bank of India (RBI) published a draft Framework titled “Draft Framework for Self-Regulatory Organisation(s) in the Fintech Sector” (‘Framework’) with the objective of eliciting feedback and gauging stakeholder expectations. In this article we analyse the said Framework which in our view is targeted more towards the unregulated FinTech sector and recommend why an SRO should opt for a recognition from the RBI.

The FinTech sector is booming and is a market disruptor as well as facilitator, based on the report published by Inc42, the estimated market opportunity in India fintech is around $2.1 Tn+ and currently there are 23 FinTech “unicorns” with combined valuation of $74 Bn+ and 34 FinTech “soonicorns” with combined valuation of $12.7Bn+. 

The main functions of the FinTech sector includes providing solutions to Regulated Entities (REs) both as outsourced information technology providers as well as acting as lending services (such as customer acquisition, KYC task, servicing, etc.). The sector, however, not being under the direct supervision of the RBI may pose significant risks toward customer protection, data privacy, cyber security, grievance handling, internal governance, financial system integrity. In this respect the introduction of the Framework  of Self-Regulatory Organisation(s) in the FinTech Sector (SRO-Ft) remains a welcome move where the SRO-FT would act as an instrument of self-regulation for the market participants, which may include both regulated and unregulated entities, by coming out with its own policies, codes of conducts etc. which are aligned with the industry standards, best practices and expectations/ recommendations of the RBI and other sector regulators. However it should be noted that due to lack of legislation, the RBI does not have have any jurisdiction over the FinTech sector (Discussed in details in Section 2 of this Article) vis-a-vis their SRO, unless the SRO’s voluntarily submit to the jurisdiction of the RBI and the same has also been envisaged under Para 3 of the directions under the head “Introduction” of the draft Framework under discussion.

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RBI (Commercial Paper and Non-Convertible Debentures of original or initial maturity upto one year) Directions, 2024

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