RBI asks lenders to clearly specify due date/repayment date for loans

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The Reserve Bank of India (RBI) has asked lenders to clearly specify the exact due dates for repayment of a loan, frequency of repayment, breakup between principal and interest, among others, in the loan agreement.

Further, they also have to give examples of special mention account (SMA) and non-performing account (NPA) classification dates.

The central bank said the borrower should be apprised of the aforementioned dates at the time of loan sanction and also at the time of subsequent changes, if any, to the sanction terms or loan agreement till full repayment of the loan.

In cases of loan facilities with moratorium on payment of principal and/or interest, RBI emphasised that the exact date of commencement of repayment should also be specified in the loan agreements.

Scope for different interpretations

The aforementioned instructions should be complied with at the earliest, but not later than December 31, 2021, in respect of fresh loans.

In case of existing loans, however, compliance to these instructions should necessarily be ensured as and when such loans become due for renewal/review.

Also see: FinMin frames guidelines for mechanism to disallow debit from electronic ledger for GST assessee

This RBI clarification comes as it has observed that due dates for repayments are sometimes not specifically mentioned in the loan agreements and instead a description of due dates is mentioned, leaving scope for different interpretations.

Consumer education

With a view to increasing awareness among the borrowers, lending institutions have been asked to place consumer education literature on their websites explaining with examples, the concepts of date of overdue, SMA and NPA classification and upgradation, with specific reference to day-end process.

RBI said lending institutions may also consider displaying such consumer education literature in their branches by means of posters and/or other appropriate media. Further, it shall also be ensured that their front-line officers educate borrowers about all these concepts with respect to loans availed by them at the time of sanction/disbursal/renewal of loans.

SMA classification

The basis for classification of Special Mention Accounts/SMA (which show incipient stress) in the case of loans other than revolving facilities will be: SMA-0 (when principal or interest payment or any other amount wholly or partly overdue up to 30 days); SMA-1 (more than 30 days and upto 60 days); and SMA-2 (more than 60 days and upto 90 days).

Also see: Interest rates: Greater synergy between RBI’s expectations and the market behaviour: Das

The basis for classification of SMA in the case of loans in the nature of revolving facilities like cash credit/overdraft will be: SMA-1 (when principal or interest payment or any other amount wholly or partly overdue for more than 30 days and upto 60 days); and SMA-2 (more than 60 days and upto 90 days).

In the above context, the RBI clarified that borrower accounts should be flagged as overdue by the lending institutions as part of their day-end processes for the due date, irrespective of the time of running such processes.

Day-end process

Similarly, classification of borrower accounts as SMA as well as NPA should be done as part of day-end process for the relevant date and the SMA or NPA classification date should be the calendar date for which the day end process is run. In other words, the date of SMA/NPA should reflect the asset classification status of an account at the day-end of that calendar date.

RBI said the instructions on SMA classification of borrower accounts are applicable to all loans2, including retail loans, irrespective of size of exposure of the lending institution.

Also see: Centre frames rules for release of 75% of funds in arbitration of construction projects

Cash credit/Overdraft (CC/OD) account will be treated as “out of order if the outstanding balance in the account remains continuously in excess of the sanctioned limit/drawing power for 90 days”.

Further, such an account will be treated as “out of order if the outstanding balance in the account is less than the sanctioned limit/ drawing power but there are no credits continuously for 90 days, or the outstanding balance in the account is less than the sanctioned limit/ drawing power but credits are not enough to cover the interest debited during the previous 90 days period”.

Term loans

In case of interest payments in respect of term loans, an account will be classified as NPA if the interest applied at specified rests remains overdue for more than 90 days. RBI said these instructions shall be effective from March 31, 2022.

Upgradation of loan accounts

RBI said loan accounts classified as NPAs may be upgraded as ‘standard’ asset only if entire arrears of interest and principal are paid by the borrower.

The RBI issued the aforementioned directive as it has come across some lending institutions upgrading accounts classified as NPAs to ‘standard’ asset category upon payment of only interest overdues, partial overdues, etc.

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Lenders expect pick up in credit demand in H2FY22

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Most lenders are hopeful of improved customer sentiments and higher disbursements in the second half of the fiscal with a drop in Covid-19 infections and normalisation of economic activities.

Second-quarter results of private banks and non banking finance companies indicated improved sentiments and higher disbursements. Most lenders said they expect a pick-up in corporate loans as well in the second half of the fiscal.

“Most private banks demonstrated a steady recovery in loan growth, led by the retail, SME and business banking portfolios. Most banks also reported a decline in gross and net non-performing assets ratio due to higher recoveries/upgrades during the quarter,” said a report by Motilal Oswal.

In the second quarter of the fiscal, all NBFCs exhibited a sharp improvement in disbursements which had been impacted by the second Covid wave in the prior quarter, it further said.

HDFC Bank reported a 15.5 per cent increase in its total advances as of September 30, 2021 to ₹11,98,837 crore from a year ago while ICICI Bank reported 17 per cent growth in advances on a year-on-year basis.

“Festive season demand is much higher than what we saw last fiscal. Further, typically the second half of the year is busier in terms of disbursements. We expect that with the economy opening up and hopefully no third wave, loan demand should pick up further, especially in the fourth quarter of the fiscal,” explained a senior bank executive.

NBFC performance

Mahindra & Mahindra Financial Services reported that in October 2021, the business continued its momentum with disbursement of about ₹2,650 crore, which is a 20 per cent y-o-y growth.

“In the absence of a third wave, (we are) quite confident about the second half of the year on growth, risk and financial metrics,” Bajaj Finance said in its investor presentation for the second quarter of the fiscal, adding that under such circumstances, it expects quarterly AUM growth rate to be strong for the rest of the year.

Bajaj Finance had reported a 75 per cent jump in new loans booked during the second quarter at 63.3 lakh from 36.2 lakh in the second quarter last fiscal.

Credit growth has seen some pick-up in recent weeks. Data with the Reserve Bank of India shows that on a y-o-y basis, non-food bank credit growth accelerated to 6.8 per cent in September 2021 as compared to 5.1 per cent in September 2020.

Credit growth to industry picked-up to 2.5 per cent in September 2021 from 0.4 per cent in September 2020. Credit growth to the services sector decelerated to 0.8 per cent in September 2021 from 9.2 per cent in September 2020, mainly due to contraction in credit growth to NBFCs, trade and commercial real estate. However personal loans grew by 12.1 per cent in September 2021 as compared to 8.4 per cent a year ago.

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Failure of any large NBFC may translate into a risk to its lenders: RBI Dy Governor M Rajeshwar Rao

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The reputation of the non-banking financial sector has been dented in recent times by failure of certain entities due to idiosyncratic factors, said Reserve Bank of India Deputy Governor M Rajeshwar Rao.

The challenge, therefore, is to restore trust in the sector by ensuring that few entities or activities do not generate vulnerabilities which go undetected and create shocks and give rise to systemic risk through their interlinkages with the financial system.

“Forestalling and where necessary, decisively resolving such episodes becomes a key focus of our regulatory and supervisory efforts,”Rao said at the CII NBFC Summit.

There are 9651 NBFCs across twelve different categories focussed on a diverse set of products, customer segments, and geographies.

As on March 31, 2021, the non-banking finance company (NBFC) sector (including housing finance companies/ HFCs) had assets worth more than ₹54 lakh crore, equivalent to about 25 per cent of the asset size of the banking sector.

“Therefore, there can be no doubt regarding its significance and role within the financial system in meeting the credit needs of a large segment of the society,” Rao said.

Over the last five years the NBFC sector assets have grown at cumulative average growth rate of 17.91 per cent.

The Deputy Governor underscored that: “Now, the non-banking sector has grown significantly and several NBFCs match the size of the largest Urban Cooperative Bank or the largest Regional Rural bank.

“In fact, few of them are as big as some of the new generation private sector banks. Further, they have become more and more interconnected with the financial system.”

He said NBFCs are the largest net borrowers of funds from the financial system and banks provide a substantial part of the funding to NBFCs and HFCs.

Therefore, failure of any large NBFC or HFC may translate into a risk to its lenders with the potential to create a contagion.

Failure of any large and deeply interconnected NBFC can also cause disruption to the operations of the small and mid-sized NBFCs through domino effect by limiting their ability to raise funds.

Rao emphasised that liquidity stress in the sector triggered by failure of a large CIC (core investment company) broke the myth that NBFCs do not pose any systemic risk to the financial system.

SBR framework

The Deputy Governor said a scale-based regulatory (SBR) framework, proportionate to the systemic significance of NBFCs, may be optimal approach where the level of regulation and supervision will be a function of the size, activity, and riskiness of NBFCs.

As regulations would be proportional to the scale of NBFCs, it would not impose undue costs on the Regulated Entities (REs).

Rao explained that: “While certain arbitrages that could potentially have adverse impact would be minimised, the fundamental premise of allowing operational flexibility to NBFCs in conducting their business would not be diluted.

“…There has been a consistent and conscious understanding that a “one size fits all” approach is not suitable for NBFC sector, which are a diverse set of financial intermediaries, with different business models, serve heterogenous group of customers and are exposed to different risks.”

The Deputy Governor urged NBFC promoters/ managements to create a culture of responsible governance in their respective organisations where every employee feels responsible towards the customer, organisation, and society.

He felt that good governance is key to long term resilience, efficiency and survival of the entities.

Customer protection

Rao underscored that protecting customers against unfair, deceptive, or fraudulent practices has to become top priority of every entity and permeate the organisation culturally and become a part of its ethos.

“Customer service would mean, amongst many other things, that a customer has similar pre-sale and post-sale experience, she/he is not disadvantaged vis-à-vis another customer because he or she approached the financial entity through a different delivery channel, and he or she has a right to hassle-free exit from the contractual obligation.

“This issue has been deliberated often enough and it’s time to act now,” the Deputy Governor said.

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Lenders hire specialist agencies to analyse default probability of borrowers, BFSI News, ET BFSI

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Risk-averse lenders wary of large exposures in the post-Covid era are hiring consultants and specialist agencies to analyse the default potential of all proposals in excess of Rs 500 crore.

Lenders want to ensure that they have a clear perspective of the borrower’s future default risks and cash flow situation in light of peculiar challenges brought about by the pandemic.

“The pandemic has disrupted cash flows of businesses in a significant way, and since large value loan proposals are on the rise, we thought it prudent to hire agencies and check the company’s default risk and default probability,” said a lender that has hired one such agency. “These agencies are checking the total debt, debt-service coverage ratio, cash flows and various other metrics to determine whether they will be able to service debt obligations.”

Banks want clear visibility over companies’ subsidiary operations and other activities, especially around the moratorium period. In many cases, companies are also approaching banks with expansion plans and lenders also wish to scrutinise whether firms have a clear strategy in place and what could be the macroeconomic and sectoral drivers.

“The pandemic, loan moratoriums and an uncertain business environment have led to many banks seeking clarity and additional comfort around the financial health of borrowers at the time of fresh loan proposals or renewal of facilities. There is heightened diligence, detailed financial analysis and a deeper assessment of credit risk and default around loan proposals – particularly when the amounts are Rs 500 crore and above,” said Gaganpreet Puri, leader, risk and regulatory, Alvarez & Marsal India, a turnaround specialist.

In several instances, the lenders claim that they have no visibility on operations of the companies. Many companies have seen a spurt in their valuations, especially the listed ones, but banks are concerned of the underlying assets and impact on future profitability and revenues.

“Many companies have even approached the banks as they are looking to undertake mergers and acquisitions and require financing. In these cases, banks want a rationale behind such manoeuvres,” said a person in the know.

Firms specialising in this segment say that they are being asked to give objective and automated credit analysis and rating based on the company’s financial metrics.

“AI driven automated predictive credit analysis tools are being increasingly adopted by banks and financial institutions,” said Amit Maheshwari, Strategic Advisor to FinMind – a start-up offering automated financial insights.

FinMind claims its predictive analytical capabilities enable early identification of potential credit risk events and has successfully predicted credit weakening of several companies in the past.

Bank credit growth has been languishing for the last few years. Central bank data showed that credit rose 6.61% for the fortnight ended August 13, from 6.2% in the previous fortnight. Loans to the corporate sector continued to remain weak and grew a meagre 1% during the same period.



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Arohan Financial looks to expand its footprint in newer markets

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Arohan Financial Services Ltd, which has been witnessing a steady improvement in disbursements and collections in the second quarter of this fiscal over Q1, has firmed up expansion plans to grow its portfolio further.

The company, which is looking to expand its footprint in newer geographies and strengthen presence in some of the existing towns and cities, is waiting for its capital raising plan to fructify to push ahead with the expansion programme.

IPO plan

The NBFC-MFI, which is a part of the Aavishkaar Group, had filed draft red herring prospectus for its proposed initial public offer (IPO). It plans to raise around ₹850 crore primary through the issue apart from secondaries.

“Q 1 of 2021-22 especially May’21 was slightly difficult period with the localised lockdowns but we managed well and we will be filing an updated DRHP soon. Q2 is turning out to be much better. We are seeing an increased demand for credit with the festival season round the corner,” Manoj Nambiar, MD, Arohan Financial Services, told BusinessLine.

Arohan currently provides microcredit to borrowers with a focus on underpenetrated States including Assam, Meghalaya,Tripura, Manipur in the North East; West Bengal, Bihar, Jharkhand and Odisha in the east; Madhya Pradesh, Chhatisgarh, Uttar Pradesh & Uttarakhand in central India.

The company plans to expand its presence in three more States including Rajasthan, Punjab and Haryana once its IPO is complete. It also plans to strengthen its presence in Uttar Pradesh and Madhya Pradesh by setting up more branches.

“We had entered UP and MP markets about two years back. Both of these are very big markets and we haven’t yet covered fully. We are also looking to enter newer markets contiguous to our existing operations. Our expansion plan is ready and it will all depend on the raising of additional capital,” he said.

Talking about the overall credit demand in the industry he said, demand is high and all clients are working towards a return to “normalcy” soon as people would require additional credit to restart their business. Credit demand had witnessed a dip in May this year following the regional lockdowns announced in several parts of the country and the slowdown induced by the second wave of Covid. Starting first half of June (when opening up started) things have started showing signs of improvement and each month has been better than the previous one for the industry, he said and added that the credit demand would increase further supported by the requirements of the upcoming festive season.

The company had a total loan outstanding of close to ₹4,800 crore as on March 2021.

Digital push

Arohan has digitalised the entire customer lifecycle and the post sales support touchpoints to enhance its offerings. With a clear focus on being ‘Cashless at the front and Paperless at the back’, the company aims to serve its customers better with limited paper work and in the process also reduce operational cost for both the customers as well as the company. Client origination is paperless and 100 per cent of the disbursements are now into the bank accounts of the client.

It has launched “meraArohan”- an automated lending solution designed to completely digitise the loan lifecycle from end-to-end. It has recently also launched “apnaArohan” app for customers. The app, which is available in regional languages, uses facial recognition to validate the login and helps customers view their loan details, including a complete ledger with details of payments made, call for any service request.

Customers can also make digital payments through the payment gateway provided.

According to Nambiar, an internal study shows that close to 61 per cent of the company’s customers have access to smartphone and close to 40 per cent had done cashless transactions during the Covid pandemic.

Such digitisation initiatives will help the company by ensuring better management of portfolio, better service and reduced time as compared to manual offerings. “The cost benefit will accrue over a period with business growth and better utilisation of the field employee time” he said explaining the rationale behind ramping up its digital offerings.

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Banks geared for card tokenisation

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Banks indicate they are well prepared for the card tokenisation system and emphasise it will not impact customers. While lenders expect it to be a smooth transition, there could be some initial friction as consumers and merchants adapt to the new system.

“This move by the Reserve Bank of India will enhance card security framework for digital transactions. With tokenisation, a card specific token is generated. Going forward that token can be used for all online transactions. This will ensure enhanced security. In case of any data breach or hacking attempt at the merchant’s end, the customer’s card details will still be protected,” said Sanjeev Moghe, EVP and Head-Cards and Payments, Axis Bank, adding that the lender is prepared for tokenisation.

RBI clarifies

The Reserve Bank of India has (RBI) said that contrary to some concerns, there would be no requirement to input card details for every transaction under the tokenisation arrangement.

“HDFC Bank, ICICI Bank and SBI Cards already have the card tokenisation system in place for online transactions, while few players have device-based tokenisation (SBI Cards with Samsung) for contactless NFC payments,” said a recent statement by Emkay Global.

HSBC India, in April, had announced that it has collaborated with Google Pay and VISA to enable secured tokenisation on its credit cards.

“The RBI has addressed all concerns. With the growing popularity of e-commerce, this step is welcome,” said another banker, adding that there could be some amount of adaptation required for customers. “Customers will not have to tap in their 16 digit card number every time they make a purchase,” he said.

Mandar Agashe, Founder, Managing Director and Vice-Chairman, Sarvatra Technologies also said the current situation is similar to when PIN was introduced for every transaction. It took a lot of effort but we have the lowest PIN-based frauds in the world, he pointed out.

“Merchants have to be ready to purge all the customer card data and get the token from the individual banks. Banks are also getting ready. There will be some level of friction at the back end if some bank is not ready. So, those customers may face inconvenience if the issuing bank doesn’t give the token to the merchant on time; then, the customer has to enter the card data every time,” he said.

Emkay Global stated the mandatory tokenisation of cards and resultant customer inconvenience in the initial phase may deter cardholders from making low-value online card payments and may push them to other payment modes such as UPI and wallets.

“However, it would alleviate security concerns in online transactions; thus, it will be a long-term positive for the card industry,” it said.

The RBI, in March 2020, had stipulated that authorised payment aggregators and the merchants onboarded by them should not store actual card data. The deadline is set for January 1, 2022, post which no entity in the card transaction or payment chain, other than the card issuers and/or card networks, shall store the actual card data.

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Time taken to admit a case to NCLT needs to come down, says RBI Governor

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Reserve Bank of India (RBI) Governor Shaktikanta Das on Thursday said there is scope for improvement in the Insolvency and Bankruptcy Code (IBC) so that the time taken to admit a case to the National Company Law Tribunal (NCLT) is reduced.

In this regard, there is perhaps need for certain legislative amendments also, Das said in an interaction with Financial Times – Indian Express.

The RBI has made some suggestions to the government on the same.

“For example, it takes a lot of time to admit a case to the NCLT. So, can we deal with this issue through some legal amendments…. So, there is scope for some improvement. And the time taken in the whole process needs to be reduced by simplifying certain procedures,” the Governor said.

Average recovery and haircut

On lenders taking almost 90 per cent haircut in some of the IBC resolutions, Das observed that while the percentage of recovery is an important factor, the primary objective of the Code is resolution of bad assets — wherever possible to resolve the business so that the company/ business continues its operations and the economic value which the business creates continues unabated.

The Governor emphasised that the intention is that if a business or a company continues, economic activity continues and jobs also remain protected.

“The average recovery under the IBC was about 45 per cent for the previous four-five years. It came down to 40 per cent, taking into account the pandemic year.

“Now, yes, in some cases the haircut has been 90 per cent but there are cases where the haircut has been much less,” Das said.

NPAs quiet manageable

The Governor underscored that according to the numbers that RBI has, currently, the non-performing asset (NPA) numbers of lenders look quiet manageable.

“For example, at the end of June 2021, for the banking sector, the Gross NPA was about 7.5 per cent (of gross advances) and for the NBFC sector, it was a little less than that.

“.…At the moment, the situation on the stressed assets front, looks well within manageable limits,” Das said.

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Borrowers of syndicated loans over Rs 2,000 crore may not have to approach all lenders, BFSI News, ET BFSI

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The Reserve Bank of India is looking to revise guidelines and creating a new framework for syndicated loan arrangements of Rs 2,000 crore and above that would cut turnaround time.

The Indian Banks‘ Association has submitted a report to the RBI that looks into plugging the shortcomings in the existing arrangement.

How it will work?

Under the new framework, long-term borrowers need not approach all lenders for funding and getting sundry clearances.

It will have a detailed single point inspection of syndicated loan accounts and norms for a more structured approach by lenders to take care of the entire life cycle of the loan.

The new framework envisages the lead bank to draw terms and conditions, and setting up an independent administrative agent who manages the escrow account and routine loan inspections.

IBA will also be addressing issues such as information portal, drafting of common documents and identification of service providers.

The current system

At present, most consortium lending is down-selling of large value loans by the lead bank, while each bank comes up with its own additional terms and conditions.

Currently, the banking regulator supervises loan syndication through various circulars on loans and advances.

International model

The IBA also proposed strengthening the current ecosystem for the syndicated loan system and aligning it to international models such as those being practised in more developed financial markets.

The recommendations are in sync with the current framework followed in the US through Loan Syndications and Trading Association. The new framework may come up with specifics on minimum retention requirement, centralised supervisory oversight and audit, and development of a secondary market for corporate loans.

Banks will also explore whether such a model can deal with existing issues such as stressed assets and the issues relating to non-performing loans can be taken up while structuring security documents.



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