Entries by Vinod Kothari

Group Insolvency: Relevance of Substantive Consolidation in Indian Context

– Vinod Kothari and Sikha Bansal[1] | resolution@vinodkothari.com Introduction Insolvency law has always to be aligned to economic realities; when it comes to solving the problem of corporate insolvencies, an economy cannot disregard the prevalent corporate structures. The design which corporates adopt to conduct business must, in fact, be one of the most critical factors […]

Digital deceptive practices: Dark Patterns get blacked out

– Vinod Kothari, finserv@vinodkothari.com Central Consumer Protection Authority (“CCPA”), issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines”) on November 30, 2023 to prohibit any person or platform from engaging in the dark pattern practices. Dark Patterns Explained The term “dark patterns” was first coined by Harry Brignull a long time back […]

NBFCs: Learning to adjust with the new reality

– Vinod Kothari | vinod@vinodkothari.com The increase of risk weights for consumer lending by the RBI, coupled with increase in risk weights for lending to NBFCs, has affected capital adequacy of several regulated financial entities, particularly NBFCs focused on consumer lending. It has also created a situation of risk aversion. While the full rigour of […]

FAQs on Regulatory measures towards consumer credit and bank credit to NBFCs

– Team Finserv | finserv@vinodkothari.com One may call it insecure about unsecured lending; the central bank has taken what in our view is a bold and timely measure, to rein in unsecured lending. Identifying a notable surge in specific segments of consumer credit, the RBI had recently met senior bankers. The latter had reportedly assured […]

RBI raises red flag on increasing personal loans

Increased risk weights on bank lending to NBFCs, Sectoral exposure limits among protective measures – Vinod Kothari | vinod@vinodkothari.com One may call it insecure about unsecured lending; the central bank has taken what in our view is a bold and timely measure, to rein in unsecured lending. Identifying a notable surge in specific segments of consumer […]

Decoupling from direct assignments, Indian securitisation moves the global way

– Vinod Kothari, Director | vinod@vinodkothari.com The data for securitisation transactions in India for the first half of FY24 are just out, and some remarkable features are: With this, securitisation markets in India have truly started moving towards maturity. The so-called direct assignment/DA (now under regulations termed as Transfer of Loan Exposures) was a market […]

Fractional ownership schemes: Distinguishing between investment schemes and shared ownership of real assets

Vinod Kothari | vinod@vinodkothari.com Schemes to crowdfund real assets (that is, assets other than financial assets) continue to proliferate. Known by various names as fractionalisation, tokenisation, fractional property shares, etc., these schemes invite multiple retail investors to become fractional owners of assets. The assets in question may consist of properties, solar assets, leased equipment, etc. […]

Investment valuation norms for banks: RBI aligns rules with global accounting standards

– Vinod Kothari | vinod@vinodkothari.com Vide a 12th Sept notification, the RBI has brought in Master Directions for Classification, Valuation and Operation of Investment Portfolio of Commercial Banks. The new norms bring the accounting and valuation of investments by banks closer to global accounting standards. While the apparent focus of these Directions would have been […]