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EXCLUSIVE


INSOLVENCY LAW COMMITTEE SEEKS TO OVERHAUL IBC, REDUCE TIMELINE FOR DISPOSAL OF
CASES

The committee has recommended measures for curbing the submission of unsolicited
resolution plans and revisions of resolution plans, reducing the timeline for
disposal of cases, among others.

 * ETBFSI Research
 * ETBFSI
 * August 30, 2022, 08:03 IST

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The fifth report of the Insolvency Law Committee has recommended several changes
to the Insolvency and Bankruptcy Code (IBC) including setting the timeline for
approval of resolution plans to 30 days and setting up a mechanism for reviewing
late submissions of plans and unsolicited revisions.

Curbing submission of unsolicited resolution plans and revisions of resolution
plans



The committee has recommended that a mechanism for reviewing late submissions of
plans and unsolicited revisions to plans should be laid down in the regulations.
Pursuant to the recommendations of the Committee in this regard, some amendments
have already been carried out in the CIRP regulations. Although there are
stage-wise timelines provided in the regulations, resolution plans are received
by the resolution professional after the stipulated deadlines. In some cases,
revisions are made to submitted resolution plans in an attempt to outbid other
potential resolution applicants, which leads to divergent practices leading to
inconsistencies, delays, and lack of procedural sanctity.

Timeline for approval or rejection of resolution plan

The Committee has recommended that adjudicating authority should dispose of the
resolution plan within 30 days of receiving it and record reasons in writing if
it fails to dispose of the plan within this timeline. Delays are often caused
due to a high number of objections to the proposed resolution plan, or due to a
high degree of pendency of cases. Nevertheless, delays at the stage of disposal
of the resolution plan are value destructive and discourage prospective
resolution applicants from submitting plans.



Mandating reliance on information utilities (IUs) for establishing default

The Committee has recommended that certain financial creditors should be
mandated to submit IU records with their CIRP application. The Adjudicating
Authority (AA) should not seek any other documentation for proving default when
IU records are submitted by the applicant. A similar mandate may be extended to
operational creditors in due course of time. Reliance on IU records has the
potential of expediting the process of proving default, and may thus, avoid
delays in admission of CIRP applications.

Continuation of proceedings for avoidable transactions and improper trading
after CIRP

The committee has recommended that suitable amendments may be made to the Code
to ensure that the resolution plan provides sufficient clarity for the smooth
conduct of proceedings for avoidable transactions or improper trading. This will
ensure that there is clarity amongst stakeholders on the manner in which such
proceedings will continue after the approval of the resolution plan.

The Committee discussed that continuation of such proceedings is permitted by
Section 26 of the Insolvency and Bankruptcy Code.

Change in threshold date for the look-back period

To increase the scope of avoidable transactions but will also discourage any
perverse incentives for corporate debtors to delay the admission of CIRP
applications, it has recommended that the threshold date for the look-back
period of avoidable transactions should be altered to cast a wider net for
catching such transactions. Consequently, the threshold date should be changed
to the date of the filing of an application for initiation of CIRP instead of
the date of commencement. Further, transactions from the date of filing until
the date of commencement should also be included in the look-back period.



Standard of conduct of the Committee of Creditors (CoC)

Given this pivotal role of the CoC, the Committee has recommended that the IBBI
should issue guidelines that provide the standard of conduct for members of the
CoC. This may be in the form of guidance that provides a normative framework to
members of the CoC about the manner of conducting themselves in processes under
the Code. The CoC has been entrusted with wide powers under the Code. It is
tasked with making key decisions during the CIRP, including the manner of
resolving the corporate debtor’s distress. Thus, improper conduct by members of
the CoC impacts the life of the corporate debtor, and consequently its
stakeholders.

Stakeholders Consultation Committee (SCC)

The Committee has recommended that the liquidator must mandatorily consult the
SCC as it may play a pivotal role in the liquidation process by giving valuable
commercial insights and maintaining oversight over the functioning of the
liquidator. Pursuant to the recommendations of the Committee, amendments
requiring such mandatory consultation with the SCC have already been made in the
regulations.

Secured creditor’s contribution

Secured creditors who are permitted to step out of the liquidation process by
choosing to realise their security interest outside instead of relinquishing it,
should also be required to contribute towards workmen’s dues in the same manner
as they would have if they had relinquished their security interest, the
committee recommended. Further, when a secured creditor steps outside the
liquidation process, he should also be liable to pay the liquidator for any
expenses incurred by him for the preservation and protection of its security
interest. If a secured creditor fails to make the required contributions, its
security interest should be deemed to have been relinquished and become part of
the liquidation estate.

Voluntary liquidation process

The Committee has recommended a simple mechanism for terminating a voluntary
liquidation process which is akin to the mechanism for commencement of the
process. Suitable amendments should be made to the Code to lay down this
mechanism so as to ensure that there is consistent practice on termination of
voluntary liquidation processes.

Operationalising the IBC Fund

Section 224 may be suitably amended to empower the Central Government to
prescribe a detailed framework for contributions to and utilisation of the IBC
Fund, it recommended.


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EXCLUSIVE


RBI NOT KEEN ON BAD LOAN EXEMPTIONS TO NBFCS

Non-banking financial companies (NBFCs) have asked the Reserve Bank of India to
exempt smaller loans from the rules taking effect next month that are in line
with those covering banks.

 * Reuters

Click Here to Read This Story
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India's central bank is unlikely to give "shadow banks" exemptions from stricter
bad-loan rules coming into force, sources told Reuters, essentially ending an
advantage the non-bank financial firms have had over standard banks.

Non-banking financial companies (NBFCs) have asked the Reserve Bank of India to
exempt smaller loans from the rules taking effect next month that are in line
with those covering banks. India had 10,000 shadow banks as of March 2021, the
latest RBI data available, with assets of 54 trillion rupees ($680 billion) or
about one-fourth that of the banking sector. Several of the biggest shadow banks
are listed on the stock exchanges.

Under the new norms, shadow banks will have to recognise bad loans on a daily
basis, rather than monthly, as some now do. Non-performing loans can only be
upgraded to performing after borrowers have paid all arrears. "We have been
meeting the RBI regularly and have asked for several relaxations, which they
have denied," said an industry source who has attended these meetings with the
central bank. The Reserve Bank of India did not immediately respond to a request
seeking comment.



Shadow banks wanted loans of up to 20 million rupees ($250,000) to be exempt.
"We expect that with the new regulations NBFCs across the board are likely to
see an increase of 80-100 basis-point in bad loans," said the chief of one
shadow bank, who asked not to be named. "Some firms may see an even up to a 200
basis-point increase."

That could be boost some institutions' bad loans high enough to subject them to
additional regulatory requirements and force them to set aside more cash to
provision against non-performing loans, industry executives say.



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EXCLUSIVE


DON'T LOWER THE BAR ON INFRA LENDING, RBI

Banks find the risk weights assigned by the regulator to these projects to be
limiting and have sought a dilution of these when a project goes onstream.

 * ET Bureau

Click Here to Read This Story
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The Reserve Bank of India (RBI) is reportedly disinclined to easing capital
requirements that could widen the pipeline of bank lending to infrastructure
projects. Banks find the risk weights assigned by the regulator to these
projects to be limiting and have sought a dilution of these when a project goes
onstream. RBI is, however, cautious about the prospect of risk weights varying
across banks if they are allowed differential treatment over the life cycle of a
project. It is also not in favour of diluting provisioning requirements for
infrastructure lending, and looks askance at credit ratings of developers being
tilted in favour of cash flows. All these suggestions, at the behest of
infrastructure developers facing rising borrowing costs, would increase lending
as well as risks.

The argument made by banks comes at a time when systemic liquidity is drying up
and GoI is stepping up infrastructure spending to revive momentum in the
economy. Credit flow to the sector will be an area of concern. But there are
other ways to drive lending for infrastructure than by lowering the bar for
prudential lending. RBI has been iterating its resolve to manage quantitative
tightening in a manner that does not choke post-pandemic recovery. A multi-year
liquidity drawdown will be calibrated to the evolving scenario. The central
bank's rate actions, too, are heavily influenced by the growth sacrifice
involved.

Past experience has distanced banks from infrastructure lending. The space they
ceded was occupied by shadow banks, which also went through a spell of reckless
lending that RBI is trying to rectify by bringing them on a par with capital and
provisioning requirements for banks. The regulatory gains are hard won. These
should not be diluted unless conditions turn severe.


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EXCLUSIVE


RESERVE BANK OF INDIA'S RATE HIKE IMPACT ON CONTROLLING INFLATION STILL UNCLEAR,
MPC MEMBER VARMA SAYS

"If there is robust economic growth, then we would like to accelerate the
(inflation) reduction to 4%. But if the economy is struggling, then a slower
pace of adjustment would be appropriate," Monetary Policy Committee (MPC) member
J.R. Varma said. The central bank raised its key policy repo rate by 50 basis
points (bps) in August to 5.40%, taking the total rises since May to 140 bps.
Its next policy decision is due on September 30.

 * Reuters

Click Here to Read This Story
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The success of the Reserve Bank of India's interest rate rises in controlling
inflation is not yet clear, and the pace of rate adjustment will depend on the
state of the economy, Monetary Policy Committee (MPC) member J.R. Varma said on
Friday.

"If there is robust economic growth, then we would like to accelerate the
(inflation) reduction to 4%. But if the economy is struggling, then a slower
pace of adjustment would be appropriate," Varma told the Reuters Trading India
forum.

The central bank raised its key policy repo rate by 50 basis points (bps) in
August to 5.40%, taking the total rises since May to 140 bps. Its next policy
decision is due on September 30, with expectations of a rise of less than 50
bps.



By tightening liquidity, the central bank also has pushed interbank interest
rates higher within a band, called the corridor, that is defined by the rates at
which it borrows or lends from banks.

"The movement of market interest rates from the lower end of the corridor to the
upper end of the corridor is itself a form of tightening, and so the actual rate
hike is not 140 bps but perhaps 205 bps," Varma said.

He also said there was no consensus on India's neutral real rate, which the
central bank defines as the real (inflation-adjusted) interest rate at which
economic growth is close to potential and inflation is stable. But he pointed to
estimates ranging between 0.5% and 1.5%.

"We are now in a situation of high inflation and weak economy. So the real rate
might have to be only slightly above the neutral rate," he said, adding that the
real rate needs to be computed using projected inflation of three to four
quarters ahead and not based on current inflation.

Based on that expectation, Varma sees further room for the Reserve Bank of India
to raise interest rates. "But perhaps not too much," he said, adding, "this
debate is really for the next meeting."



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EXCLUSIVE


RBI DIGITISING KISAN CARDS IN RURAL THRUST

With a view to make life easier for those accessing banking and credit
facilities in rural areas, the RBI has started an initiative for digitisation of
rural finance, beginning with Kisan credit cards.

 * TNN

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NEW DELHI: With a view to make life easier for those accessing banking and
credit facilities in rural areas, the RBI has started an initiative for
digitisation of rural finance, beginning with Kisan credit cards.

This month, the regulator is launching a pilot in select districts of MP and
Tamil Nadu aimed at automation of various processes within banks and integration
of their systems with the service providers. The project along with Union Bank
and Federal Bank aims to make it more efficient and cut costs and the turnaround
time significantly.

"Rural finance encompasses a range of financial services offered to rural
customers, including farmers, at all income levels. In a country like India,
rural credit is closely related to inclusive economic growth, as it caters to
the requirements of agriculture and allied activities, small businesses, etc.,"
the RBI said.


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EXCLUSIVE


BRING EXISTING DIGITAL LOANS UNDER MODIFIED NORMS BY NOV 30: RBI TO BANKS, NBFCS

Mumbai, Sep 2 (PTI) The Reserve Bank has given time till November 30 to banks
and NBFCs to put in place a mechanism to ensure that existing digital loans are
in compliance with the modified norms aimed at protecting the interest of
customers.

 * PTI

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Mumbai, Sep 2 (PTI) The Reserve Bank has given time till November 30 to banks
and NBFCs to put in place a mechanism to ensure that existing digital loans are
in compliance with the modified norms aimed at protecting the interest of
customers. Last month, the central bank tightened norms for 'digital lending' to
prevent charging of exorbitant interest rates by certain entities and also check
unethical loan recovery practices.

In a circular, the RBI said outsourcing arrangements entered by Regulated
Entities (REs) with a Lending Service Provider (LSP)/ Digital Lending App (DLA)
do not diminish the REs' obligations and they shall continue to conform to the
extant guidelines on moutsourcing.

It further said the instructions are applicable to the 'existing customers
availing fresh loans' and to 'new customers getting onboarded'.



"However, in order to ensure a smooth transition, REs shall be given time till
November 30, 2022, to put in place adequate systems and processes to ensure that
'existing digital loans' are also in compliance with these guidelines in both
letter and spirit," the Reserve Bank said.

Under the new norms, all loan disbursals and repayments are required to be
executed only between the bank accounts of borrower and the regulated entities
(like banks and NBFCs) without any pass-through/ pool account of the Lending
Service Providers (LSPs).

Also,"any fees, charges, etc, payable to LSPs in the credit intermediation
process shall be paid directly by RE and not by the borrower", the Reserve Bank
had said on August 10.

Issuing a detailed set of guidelines for digital lending, the RBI had mentioned
about the concerns primarily related to unbridled engagement of third parties,
mis-selling, breach of data privacy, unfair business conduct, charging of
exorbitant interest rates, and unethical recovery practices.

The RBI had constituted a Working Group on 'digital lending including lending
through online platforms and mobile applications' (WGDL) in January 2021. PTI
NKD CS MR

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EXCLUSIVE


RBI ISSUES NEW DIGITAL LENDING GUIDELINES FOR BANKS, LENDERS TO PROTECT
BORROWERS

The Reserve Bank of India (RBI) has issued guidelines for digital lending apps.
As per the guidelines issued by the central bank, the aim is to protect
borrowers from unscrupulous lending practices. Under the new instructions issued
by the Central bank, the regulated entities cannot store borrowers' data except
for some basic minimal information. Also, biometric information cannot be stored
as well.

 * Preeti Motiani
 * ET Online

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The Reserve Bank of India (RBI) has issued guidelines to all lenders including
banks to protect the data of borrowers using digital lending apps from being
misused. As per the guidelines issued by the RBI, the regulated entities cannot
store borrowers' data except for some basic minimal information. As per the
guidelines, a lender can store information such as the name, address, contact
details of the customer etc. that are required to process and disburse the loan
and repayment of it. Biometric information of the borrower cannot be stored by
digital lending apps.

The guidelines issued by the RBI cover the following regulated entities - All
Commercial Banks, Primary (Urban) Co-operative Banks, State Co-operative Banks,
District Central Co-operative Banks; and Non-Banking Financial Companies
(including Housing Finance Companies)

Here's how the RBI guidelines on digital lending aim to protect borrowers:

 * The guidelines explicitly state that digital lending apps cannot access
   mobile phone resources such as file and media, contact lists, call logs,
   telephone functions, etc. One-time access can be taken for camera,
   microphone, location or any other facility necessary for the purpose of
   onboarding/ KYC requirements only, with the explicit consent of the borrower.
 * The borrowers must be informed about the storage of customer data including
   the type of data that can be stored, the length of time for which data can be
   stored, restrictions on the use of data, data destruction protocol, standards
   for handling security breach, etc. The information must be provided on their
   website and the apps at all times.
 * At the time of disbursing the loans using digital apps, a key Fact Statement
   (KFS) to the borrower before the execution of the contract in a standardized
   format for all digital lending products.
 * The borrower must be informed about the all-inclusive cost of digital loans
   and should also be a part of the Key Fact Statement.
 * The penal interest/charges levied, if any, on the borrowers shall be based on
   the outstanding amount of the loan. Further, the rate of such penal charges
   shall be disclosed upfront on an annualized basis to the borrower in the Key
   Fact Statement.
 * Any fees charges etc. payable to lending service providers must be paid by
   the regulated entities and borrowers must not be charged for this.
 * The Key fact statement should contain the details of the annual percentage
   rate, the recovery mechanism, details of grievance redressal officer
   designated specifically to deal with digital lending/FinTech-related matters
   and the cooling-off/ look-up period. The cooling-off/look-up period is the
   amount of time given to the borrower for exiting digital loans, in case a
   borrower decides not to continue with the loan.
 * Any charges that are not mentioned in the Key Fact Statement are not
   chargeable to borrowers at any stage during the loan term.
 * The information shall be sent to the borrowers on their verified email/SMS on
   the successful execution of loan contract/transaction. The information must
   be sent on the letterhead of the regulated entity (bank) and must contain a
   Key Fact statement, a summary of loan product, sanction letter, terms and
   conditions, account statements, privacy policies of the LSPs/DLAs with
   respect to borrowers data, etc.
 * At the time of the sign-up/onboarding stage, information related to product
   features, loan limit and cost, etc., must be informed to the borrowers.
 * The banks, and NBFCs must publish the list of their digital lending apps, and
   lending service providers, engaged by them on their websites.
 * Details of nodal grievance redressal officer must be displayed on the
   websites of banks, NBFCs, lending service providers, digital lending apps and
   also on the key fact statement.
 * Digital lending apps and websites must allow a borrower to lodge their
   complaint.
 * If the complaint lodged by the borrower is not resolved within 30 days, then
   he/she can lodge a complaint on the Complaint Management System (CMS) portal
   under the Reserve Bank-Integrated Ombudsman Scheme (RB-IOS). For entities
   currently not covered under RB-IOS, a complaint may be lodged as per the
   grievance redressal mechanism prescribed by the Reserve Bank.
 * The banks, NBFCs must capture the economic profile of the borrowers covering
   (age, occupation, income, etc.), before extending any loan over their own
   Digital Lending Apps and/or through Lending Service Providers engaged by
   them, with a view to assessing the borrower’s creditworthiness in an
   auditable way.
 * There shall be no automatic increase in credit limit unless explicit consent
   of the borrower is taken on record for each such increase.
 * During the cooling-off/look-up period, the borrower shall be given an
   explicit option to exit the digital loan by paying the principal and the
   proportionate APR without any penalty during this period. The cooling-off
   period shall be determined by the Board of the bank, NBFC. The period so
   determined shall not be less than three days for loans having tenor of seven
   days or more and one day for loans having tenor of less than seven days. For
   borrowers continuing with the loan even after look-up period, pre-payment
   shall continue to be allowed as per extant RBI guidelines.
 * The borrower shall be provided with an option to give or deny consent for use
   of specific data, restrict disclosure to third parties, data retention,
   revoke consent already granted to collect personal data and if required, make
   the app delete/ forget the data.
 * Explicit consent of the borrower shall be taken before sharing personal
   information with any third party, except for cases where such sharing is
   required as per statutory or regulatory requirements.
 * No biometric data is stored/ collected in the systems associated with the
   Digital Lending Apps of regulated entities / their Lending Service Providers
   unless allowed under extant statutory guidelines.
 * The banks and NBFCs shall ensure that any lending done through their Digital
   Lending Apps and/or Digital Lending Apps of Lending Service Providers is
   reported to Credit Information Companies (such as CIBIL) irrespective of its
   nature/ tenor.
 * Any extension of structured digital lending products by banks, NBFC and/or
   Lending Service Providers engaged by them over a merchant platform involving
   short-term, unsecured/ secured credits or deferred payments, need to be
   reported to Credit Information Companies.
 * The regulated entities shall ensure that all loan servicing, repayment, etc.,
   shall be executed by the borrower directly in the regulated entities’ bank
   account without any pass-through account/ pool account of any third party.
   The disbursements shall always be made into the bank account of the borrower
   except for disbursals covered exclusively under statutory or regulatory
   mandate (of RBI or of any other regulator), flow of money between regulated
   entities for co-lending transactions and disbursals for specific end use,
   provided the loan is disbursed directly into the bank account of the
   end-beneficiary. Regulated entities shall ensure that in no case, disbursal
   is made to a third-party account, including the accounts of Lending Service
   Providers and their Digital Lending Apps, except as provided for in these
   guidelines.


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EXCLUSIVE


RESERVE BANK OF INDIA'S RATE HIKE IMPACT ON CONTROLLING INFLATION STILL UNCLEAR,
MPC MEMBER VARMA SAYS

"If there is robust economic growth, then we would like to accelerate the
(inflation) reduction to 4%. But if the economy is struggling, then a slower
pace of adjustment would be appropriate," Monetary Policy Committee (MPC) member
J.R. Varma said. The central bank raised its key policy repo rate by 50 basis
points (bps) in August to 5.40%, taking the total rises since May to 140 bps.
Its next policy decision is due on September 30.

 * Reuters

Click Here to Read This Story
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The success of the Reserve Bank of India's interest rate rises in controlling
inflation is not yet clear, and the pace of rate adjustment will depend on the
state of the economy, Monetary Policy Committee (MPC) member J.R. Varma said on
Friday.

"If there is robust economic growth, then we would like to accelerate the
(inflation) reduction to 4%. But if the economy is struggling, then a slower
pace of adjustment would be appropriate," Varma told the Reuters Trading India
forum.

The central bank raised its key policy repo rate by 50 basis points (bps) in
August to 5.40%, taking the total rises since May to 140 bps. Its next policy
decision is due on September 30, with expectations of a rise of less than 50
bps.



By tightening liquidity, the central bank also has pushed interbank interest
rates higher within a band, called the corridor, that is defined by the rates at
which it borrows or lends from banks.

"The movement of market interest rates from the lower end of the corridor to the
upper end of the corridor is itself a form of tightening, and so the actual rate
hike is not 140 bps but perhaps 205 bps," Varma said.

He also said there was no consensus on India's neutral real rate, which the
central bank defines as the real (inflation-adjusted) interest rate at which
economic growth is close to potential and inflation is stable. But he pointed to
estimates ranging between 0.5% and 1.5%.

"We are now in a situation of high inflation and weak economy. So the real rate
might have to be only slightly above the neutral rate," he said, adding that the
real rate needs to be computed using projected inflation of three to four
quarters ahead and not based on current inflation.

Based on that expectation, Varma sees further room for the Reserve Bank of India
to raise interest rates. "But perhaps not too much," he said, adding, "this
debate is really for the next meeting."


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EXCLUSIVE


RBI UNLIKELY TO ACCEPT SHADOW BANKS' REQUESTS FOR BAD-LOAN EXEMPTIONS: SOURCES

India had 10,000 shadow banks as of March 2021, the latest RBI data available,
with assets of 54 trillion rupees ($680 billion) or about one-fourth that of the
banking sector. Several of the biggest shadow banks are listed on the stock
exchanges.

 * Reuters

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India's central bank is unlikely to give "shadow banks" exemptions from stricter
bad-loan rules coming into force, sources told Reuters, essentially ending an
advantage the non-bank financial firms have had over standard banks.

Non-banking financial companies (NBFCs) have asked the Reserve Bank of India to
exempt smaller loans from the rules taking effect next month that are in line
with those covering banks.

India had 10,000 shadow banks as of March 2021, the latest RBI data available,
with assets of 54 trillion rupees ($680 billion) or about one-fourth that of the
banking sector. Several of the biggest shadow banks are listed on the stock
exchanges.



Under the new norms, shadow banks will have to recognise bad loans on a daily
basis, rather than monthly, as some now do. Non-performing loans can only be
upgraded to performing after borrowers have paid all arrears.

"We have been meeting the RBI regularly and have asked for several relaxations,
which they have denied," said an industry source who has attended these meetings
with the central bank.

The central bank did not immediately respond to a request seeking comment.

Shadow banks wanted loans of up to 20 million rupees ($250,000) to be exempt,
according to a document reviewed by Reuters, and also asked for some accounting
requirements to be relaxed and for an extension to comply with the new rules.

"We expect that with the new regulations NBFCs across the board are likely to
see an increase of 80-100 basis-point in bad loans," said the chief of one
shadow bank, who asked not to be named. "Some firms may see an even up to a 200
basis-point increase."

That could be boost some institutions' bad loans high enough to subject them to
additional regulatory requirements and force them to set aside more cash to
provision against non-performing loans, industry executives say.

Shadow banks had also asked the RBI to lower the threshold on bad loans for
which they would not need court approval to take control of securities pledged
against the loan, manage or sell them to recover dues.



"Apart from the short-term hike in bad loans, if NBFCs do not strengthen their
collection practices and enforce customer discipline then it can lead to
elevated stressed loans for a long time, resulting in a significant impact on
their balance sheet," said analyst Anil Gupta at credit rating agency ICRA.

Arguing that their smaller average loan size puts them at a disadvantage to
banks, the shadow banks in July sought this permission, under the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest act,
for loans over 100,000 rupees ($1,250), compared with the current 2 million
rupees, according to a document seen by Reuters.

But the RBI is likely to reject this request as well, the sources said.



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EXCLUSIVE


HOW DO BASE RATE, MCLR AND EXTERNAL BENCHMARK RATES COMPARE?

Transmission during the MCLR regime was far from satisfactory, necessitating the
introduction of EBLR, and the progressive shift from the various internal
benchmark-based pricing of loans to the external benchmark augurs well for
monetary transmission going forward.

 * ETBFSI Research
 * ETBFSI

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An RBI paper recently said that the newer marginal cost of funding based lending
rate (MCLR) system is more effective than the erstwhile base rate method.

The paper said that for every 1 percentage point increase by the RBI in its repo
rate, the weighted average lending rate(WALR) by banks for fresh rupee loans
moves up by 0.26-0.47 per cent per cent under the MCLR regime as against
0.11-0.19 per cent under the base rate regime. So how effective is the MCLR
regime in rate transmission? We take a deep dive into the rates that are offered
by banks.



What are base rate, MCLR and EBLR?

The base rate was introduced in July 2010 as a system wherein banks cannot lend
below a stated rate, while the MCLR came in April 2016 wherein the banks were
given a formula to calculate their cost of funding and then conduct monthly
reviews of their offerings across various tenors. The MCLR was replaced by the
external benchmark linked rate (EBLR) so that the lending rate moves directly in
sync with policy moves. Introduced in 2019, EBLR was intended to plug the
deficiencies in MCLR, which faced the criticism of slower than expected rate
transmission. EBLR is now widely used in home loans and recently banks have
started adopting EBLR for other retail products such as personal loans and
education loans that were earlier based on MCLR.

What are the components of MCLR?

MCLR was introduced as a transparent rate transmission mechanism as against its
predecessor, the benchmark prime lending rate, or BPLR. The components of MCLR
include the base repo rate, operating costs, current cost of carry-in cash
reserve ratio and tenor premium and it proved to be effective compared to BPLR
as the former factored the current cost of money, whereas BPLR was based on
average cost. This ensured better transmission.



Does EBR transmission favour private or public sector banks?

Transmission through repo rate hike will be relatively more favourable for
private banks vis-à-vis PSU banks as the proportion of EBR-linked loans for the
former has risen to as high as 57% as of December 21 (from 43% / 17.5% in March
21 / March 20) while that for PSU banks it was at 28% in Dec’21 (versus s 20.3%
/ 4.8% in March 2021 / March 2020). More than 60% of PSU banks’ floating rate
loans are still linked to MCLR.

How effective is the EBLR transmission?

The effectiveness of transmission of external benchmark rates (EBR) to banks’
lending and deposit rates can be assessed during the last easing cycle (February
2019 to March 2022) wherein the policy repo rate was cut by 250 bps. During this
period, the weighted average lending rates (WALRs) on fresh and outstanding INR
loans have declined by 213 bps and 143 bps, respectively. However, significant
pass-through happened only during the EBR rate regime (October 2019 to March
2022) when WALRs on fresh loans declined by 170 bps. Rate cut transmission was
further supported by an accommodative monetary policy stance, huge liquidity
surplus and subdued credit demand. Before the EBR regime (February-September
2019), despite 110 bps cut in repo rates, median fresh term deposit rates were
down by more than 10bps and decline in incremental WALR was also modest at less
than 50 bps.



What does the RBI paper say?

Using different models, the RBI paper estimates the degree of pass-through of
monetary policy to bank lending rates under both the base rate and the MCLR
regimes using dynamic panel data regression. Alignment of liquidity management
with the monetary policy stance, introduction of the flexible inflation
targeting (FIT) framework and the deceleration in economic activity reducing
credit demand could be contributory factors for better transmission during the
MCLR regime. Underlining the importance of the lending rates in the economy, the
paper said the effectiveness of the monetary policy transmission is built on the
idea of how much and how fast monetary policy can influence its ultimate goals,
that is price stability and growth, and in a system like ours where the banking
system is influential, it is imperative that monetary policy signals pass
through the banking system without any 'leakage' and in quick time.

What has the RBI paper concluded?

It studied three different time periods for the study, which included the whole
sample period between Q4FY13 to Q2FY19, and two sub-periods under the base rate
and MCLR, respectively. "...irrespective of the model chosen, transmission is
higher during the MCLR regime than the Base Rate regime," it concluded. It also
said that transmission during the MCLR regime was far from satisfactory
necessitating the introduction of EBLR, and the progressive shift from the
various internal benchmark-based pricing of loans to the external benchmark
augurs well for monetary transmission going forward.


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EXCLUSIVE


US FED TERMINATES ENFORCEMENT ACTION AGAINST HSBC

The United States Federal Reserve on Thursday announced the termination of a
decade-long enforcement action against HSBC Holdings Plc for violation of
anti-money laundering rules and sanction laws.

 * Reuters

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The United States Federal Reserve on Thursday announced the termination of a
decade-long enforcement action against HSBC Holdings Plc for violation of
anti-money laundering rules and sanction laws.

The enforcement order ended on Aug. 26, the Fed said in a statement.

HSBC did not immediately respond to Reuters' request for comment.



In 2012, the London-headquartered bank was accused of having degenerated into a
"preferred financial institution" for Mexican and Colombian drug cartels, money
launderers and other wrongdoers through what the US department of justice called
"stunning failures of oversight."

HSBC later acknowledged it failed to maintain an effective program against money
laundering and failed to conduct basic due diligence on some of its account
holders and agreed to pay a record $1.92 billion in fines to U.S. authorities.

The bank entered into a five-year deal in 2012, under which it pledged to
strengthen its sanctions and anti-money laundering controls.

Later in 2017, HSBC said it has successfully kept the deal conditions and that
the DoJ will therefore file a motion to dismiss the charges that had been
deferred by the agreement.


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