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We have updated our terms and conditions and privacy policy Click "Continue" to accept and continue with ET BFSI ACCEPT THE UPDATED PRIVACY & COOKIE POLICY Dear user, ET BFSI privacy and cookie policy has been updated to align with the new data regulations in European Union. Please review and accept these changes below to continue using the website. You can see our privacy policy & our cookie policy. We use cookies to ensure the best experience for you on our website. If you choose to ignore this message, we'll assume that you are happy to receive all cookies on ET BFSI. * Analytics * Necessary * Newsletter NameProviderExpiryTypePurpose Google AnalyticsGoogle1 YearHTTPSTo track visitors to the site, their origin & behaviour.iBeat AnalyticsIbeat1 YearHTTPSTo track article's statisticsGrowthRx AnalyticsGrowthRx1 YearHTTPSTo track visitors to the site and their behaviour NameProviderExpiryTypePurpose optoutTimes Internet1 YearHTTPSStores the user's cookie consent state for the current domainPHPSESSIDTimes Internet1 dayHTTPSStores user's preferencesaccessCodeTimes Internet2.5 HoursHTTPSTo serve content relevant to a regionpfuuidTimes Internet1 YearHTTPSUniquely identify each userOSTIDTimes Internet1 YearHTTPSOauth secure tokenOSSOIDTimes Internet1 YearHTTPSOauth user identifierOSTPID Times Internet1 YearHTTPSused to sync accross portalsfpidTimes Internet1 YearHTTPSBrowser Fingerprinting to uniquely identify client browsers NamePurpose Daily NewsletterReceive daily list of important newsPromo MailersReceive information about events, industry, etc. I've read & accepted the terms and conditions NEWS SITES * Auto News * Retail News * Health News * Telecom News * Energy News * CIO News * Real Estate News * Brand Equity * CFO News * IT Security News * Government News * Hospitality News * HR News * Legal News * ET TravelWorld News * Infra News * B2B News * CIOSEA News * HRSEA News * HRME News Upcoming Event: CFO Meet & discussion on Revised Companies Act Sign in/Sign up * Follow us: * * * * * * * ETBFSI Exclusive * BANKING * INSURANCE * InsurTech * NBFC * FINTECH * Payments * Digital Lending * RegTech * Open API * BFSI Videos * Editor's View * Brand Solutions * ETBFSI CXO CONCLAVE Connecting Financial Institutions Digitally * LAY THE GROUNDWORK TO ACCELERATE BANKING INNOVATION * ETBFSI FINNEXT SUMMIT The Future of NBFCs and FinTechs * SIDBI-ET MSMES/STARTUPS Roudtable Discussion * REIMAGINE NEXT * LEARNFEST * REIMAGINE NEXT - THE FUTURE OF LEARNING * ETBFSI.COM CONVERGE BFSI: The world of Hyper-personalization * ETBFSI EXCELLENCE AWARDS 2021 AWARDS FOR EXCELLENCE IN INNOVATION * FUTURE READY SECURITY FOR DIGITAL-FIRST BFSI * 3RD EDITION OF ETBFSI CXO CONCLAVE Unlocking the BFSI Potential * THE DIGITAL NEXT: SERIES 2.1 Live Virtual Summit * JOIN THE ECONOMIC TIMES FINANCIAL INCLUSION SUMMIT 2021 * 2ND EDITION OF ETBFSI VIRTUAL SUMMIT 2021 * ET BANKING LEADERSHIP SERIES PRESENTED BY MANIPAL ACADEMY * Millennial Finance * FinTech Diary * BFSI Tech Tales * Green Finance * IBC * ETBFSI Explains * BFSI Movement * More * Blogs * Innovation Masters * POLICY * FINANCIAL SERVICES x * BFSI News * Latest BFSI News * Policy 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 * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy committee stakeholders consultation committee scc insolvency law committee insolvency and bankruptcy code ibc fund ibbi committee of creditors coc ibc Read on App Read on App PEOPLE WHO READ THIS ALSO READ * Former Chairman of Tata Sons Cyrus Mistry dies in road accident in Mumbai * Life insurance premiums in India to cross $100 bn for first time in 2022: Swiss Re * For FinTechs, sustainability should be the key to become Unicorns not just capital: Niyo's CEO * Bankers worry about MSME loans as pandemic extended during moratorium nears end SUBSCRIBE TO OUR NEWSLETTER 50000+ Industry Leaders read it everyday I have read Privacy Policy and Terms & Conditions and agree to receive newsletters and other communications on this email ID. POLICY * 1 day ago HOW DO BASE RATE, MCLR AND EXTERNAL BENCHMARK RATES COMPARE? * 3 days ago RBI NOT KEEN ON BAD LOAN EXEMPTIONS TO NBFCS * 3 days ago DON'T LOWER THE BAR ON INFRA LENDING, RBI * 3 days ago RESERVE BANK OF INDIA'S RATE HIKE IMPACT ON CONTROLLING INFLATION STILL UNCLEAR, MPC MEMBER VARMA SAYS View More EDITOR'S PICK * 35 mins ago INDIA'S MEGA FINTECH DEAL: YEAR LONG WAIT ENDS, CCI APPROVES PAYU'S ACQUISITION OF BILLDESK * 1 hr ago BANKS, NBFCS NEED TO BRING ALL EXISTING DIGITAL LOANS UNDER NEW RULES BY NOVEMBER 30 * 6 hrs ago VEHICLE LOANS HEAD TOWARDS RS 5 LAKH CR MARK, DOUBLE IN LAST THREE YEARS * 6 hrs ago CREDIT TO INDUSTRY BREAKS OUT OF RS 28-29 LAKH CRORE RANGE, HITS EIGHT-YEAR HIGH * 6 hrs ago ‘INDIAN STOCK MARKET PERFORMS BETTER THAN GLOBAL COUNTERPARTS’: BOB REPORT BFSI VIDEOS * FINTECH DIARY WITH DEEKSHA KAUSHAL, DIRECTOR, FINANCIAL SERVICES & BANKING PARTNERSHIPS, GPAY INDIA Catch the latest episode of ETBFSI Fintech Diary with Deeksha Kaushal, Director, Financial Services & Banking Partnerships, Google Pay India. * 42 days ago FINTECH DIARY WITH SHACHINDRA NATH, VICE CHAIRMAN AND MANAGING DIRECTOR, U GRO CAPITAL * 50 days ago CREDIT GROWTH PICKING UP ACROSS ALL SECTORS; NO DAMPER IN CASE OF RATE HIKES: SHANTI LAL JAIN * 54 days ago FINTECH DIARY WITH NITHIN KAMATH, FOUNDER AND CEO, ZERODHA View More 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 * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy Nbfc Loan Rules reserve bank of india non-banking financial companies indian economy economic activity Read on App Read on App 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 * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy rbi reserve bank of india goi LIQUIDITY BANKS Read on App Read on App 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 * * * * * * * * 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." Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy Jayanth Varma varma reserve bank of india mpc india monetary policy committee j.r. varma bank of india Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy rbi tamil nadu kisan union bank new delhi Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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 Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy digital rbi working group regulated entities mumbai lending service providers Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy RBI guidelines RBI digital lending guidelines rbi kyc digital lending guidelines contact list borrowers rights Read on App Read on App 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 * * * * * * * * 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." Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy Jayanth Varma varma reserve bank of india mpc india monetary policy committee j.r. varma bank of india Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy rbi news shadow bank reserve bank of india rbi NBFC icra finance banking bad-loan Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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. Follow and connect with us on Twitter, Facebook, Linkedin, Youtube Policy mclr rbi inr ebr eblr rates finance etbfsi explains benchmark rates Read on App Read on App 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 Click Here to Read This Story * * * * * * * * 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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