IPO-bound unicorn MobiKwik under RBI scanner for data breach

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The alleged data breach of 3.5 million users at IPO-bound fintech unicorn MobiKwik is under RBI’s scanner.

The company has submitted a forensic audit report detailing the data breach, the RBI said in response to a right to information (RTI) petition filed recently. The petitioner sought to know the status and understand the procedure of the investigation.

Srinivas Kodali, independent researcher and privacy rights activist who had filed the RTI, told BusinessLine, “The RBI doesn’t care about informing individual customers. If there is a fraud happening due to data breach, the RBI ensures that the banks and payment processors refund that money under a certain limit. They think they are not obligated to inform individuals whose data was affected due to these breaches. And since there are no strict laws, MobiKwik got away without informing customers. MobiKwik also didn’t submit their report to the RBI, until the regulator reached out to them. There has been no independent investigation so far due to lack of data protection laws.”

Digital forensic audit

While the company did not respond to queries from BusinessLine, MobiKwik’s draft red herring prospectus (DRHP) filed in July 2021 mentioned, “We engaged an independent digital forensic audit expert to conduct an audit relating to these allegations. The forensic audit expert subsequently reported that based on the analysis of logs/ data provided to them, there was no unauthorised access from outside of our Company’s infrastructure or internally to the database server wherein customer data is stored, during the review period. The report, however, states certain limitations to the processes undertaken.”

Search engine created

The data leak was first reported by internet security researcher Rajshekhar Rajaharia in late February 2021, wherein 3.5 million individuals KYC documents were exposed through 37 million files. Apart from that, 100 million phone numbers, email ids, passwords, geodata, bank account details and credit card data were leaked.

“The hacker had, in fact, created a search engine using their data, which had 10 crore credit card and debit cards data. Just by entering the phone number, one could get access to the entire transaction history of the user. The leaked data even included details of some of the senior government officials and IPS officers. It was out in public. If it was all false, MobiKwik would have filed a defamation case against me,” Rajaharia told BusinessLine.

In an interview with BusinessLine earlier this month, Upasana Taku, co-founder, chairperson and COO, MobiKwik said, “ Our public statement is very much out there on our social media profiles where we have denied any breach in the system and we had even appointed a forensic auditor to check it and they too didn’t find any breach.”

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Sovereign bond yields continue to harden on rising crude price, treasury yields

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There seems to be no respite for G-sec yields even as crude prices and the US treasury yields continue to rise. The benchmark yield closed at 6.36 per cent, after having nudged the 6.4 per cent levels where a lot of buying support emerged.

After having closed below the $85-dollar mark, Brent crude has continued to persist above this level this week, even touching the $86-dollar level. On the other hand, the 10-year US treasury yield hovered very close to the 1.7 per cent mark compared to last week’s 1.57 per cent level.

On the domestic front, the Reserve Bank of India (RBI) released the monetary policy minutes. Market participants say, the minutes were fairly balanced and did not present any element of surprise.

However, with the benchmark yield hovering close to the 6.4 per cent mark, expectations were building up in the market that the Central bank would spring into action and announce some sort of bond buying that would help calm the yields.

The yields even saw some softening on Thursday on this account, having cooled three basis points to 6.33 per cent. However, since there was no announcement, the benchmark yield edged higher and closed at 6.36 per cent on Friday.

Crucial support

Dealers say that the 6.4 per cent level is crucial and despite the buying support seen in recent times, things could go south if oil prices continue to bother the market.

Siddharth Shah, Head of Treasury at STCI Primary Dealer opines that high crude prices and US treasury yields are still putting pressure on yields and these two variables are the cause for the bearishness in the domestic bond market.

“Many investors have been keenly waiting for the benchmark yield to hit the 6.4 per cent and we saw buying support coming in at these levels this week. When the yield was hovering close to this level, there was strong anticipation in the market that there would be some sort of action from the RBI in the form of bond buying, either through OMOs or through twist. Since nothing materialised, we saw the yields harden on Friday.

As far as the MPC minutes are concerned, there was no surprise. I expect the benchmark yield to find support at around 6.4 per cent but if oil prices continue their upward momentum, we could possibly see 6.5 per cent levels around which there would be expectation of Central bank support coming in by way of announcement of OT etc,” he said.

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Road to disciplining erring auditors is bumpy

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It is dangerous to allow a system where regulators — those who don’t hesitate to take the extreme step against an entire audit firm — are allowed to take isolated actions against an entire audit firm as regards the entities overseen by them. Banning the entire firm for the misconduct of a handful of people is not the right approach, unless there is a systemic failure.

Multiple regulators

The current system of having multiple regulators — ICAI, NFRA and respective financial sector regulators such as RBI, SEBI and IRDAI — to deal with audit failures is turning into a regulatory minefield of sorts.

The sooner a common framework for action against auditors is put in place — say a council for coordinated action against auditors with representation from MCA, ICAI, NFRA, SEBI, RBI, IRDAI and IBC — the better would the outcomes be, both for the society and the trust that could be reposed on the financial system.

Otherwise, what will happen at the ground level is a situation where the ‘operation has been successful but the patient is dead’. Will you close down a hospital for the fault of a surgeon, wonders a veteran audit professional with decades of experience when quizzed about the recent RBI action on an audit firm — Haribhakti & Co LLP — for its failure to comply with the specific direction of the central bank on statutory audit of a systemically-important non-banking finance company.

This audit firm had recently been barred for two years by the central bank from undertaking any type of audit assignments in any of the entities under its supervision. Now, this isolated action (apparently neither NFRA nor ICAI were consulted on the Haribhakti matter) has raised several questions than providing answers. The problem in this case is that it is not clear whether the punishment is being awarded to the audit firm for audit failure or for any governance issue.

Time is ripe when all regulatory actions on disciplining misconduct are supported by a detailed public disclosure — instead of cryptic press releases — of the reasons behind such action. Otherwise, it would lend credence to the contention of critics that in the name of regulatory action what is at best playing out is a Kangaroo Court. The bottomline is that one must not punish without setting expectations from an audit firm and an opportunity of remediation is handed out.

“Ideally, if at all there is an action on an audit firm, it is appropriate that it is done by a body that regulates the audit profession, which evaluates the quality of the audit assignment in relation to the prescribed auditing standards by reviewing the audit work papers before concluding on the deficiency, if any, and deciding the corresponding punishment.

“You normally don’t ban an institution unless the audit quality is poor across the entire institution and that too it is initiated only after an opportunity is given to remediate deficiencies. I am not aware of the facts in this case, but all I can say is that a blanket ban is like pressing the nuclear button, which is the extreme action taken as a last resort, as it results in a lot of collateral damage, including on those not involved in the alleged deficient audit assignment and who otherwise are conducting high quality audits,” says PR Ramesh, former Chairman of Deloitte India.

Ashok Haldia, former Secretary of the CA Institute, noted that multiplicity of regulators is against the principles of effective regulation. “It is unjust, unfair, unsustainable and is counterproductive to maintaining and enforcing quality in audit. It is necessary to have only one regulator or a mechanism of joint regulation which consolidates standards of performance for auditors of different regulators — RBI, SEBI, NFRA, ICAI and others — and adopt a unified framework for enforcing accountability of auditors and all those in the financial reporting value chain,” he said.

Many flaws

Amarjit Chopra, former President of the Institute of Chartered Accountants of India (ICAI) and now part-time Member of NFRA, said that the RBI’s recent move of acting in isolation and debarring the firm has many flaws. “It would mean that a firm, which cannot audit RBI-regulated entities, can still continue to audit other entities whether listed or unlisted. This, to my mind, may not be justified. In my view need of the hour is to have a common framework for action against the auditors, if it is needed and MCA should take the lead on this,” said Chopra.

Noting that the issue was a governance issue, he also called for action against directors — both executive and non executive — and suggested that they, too, be barred from holding any post of director in any company for a period of minimum three years.

Chopra wonders how many regulators an auditor may have to contend with and whether action in isolation by one of the regulators alone is desirable. “There is no dispute to the fact that auditors need to be regulated. But by which regulator is an important issue. Not for a moment I am trying to suggest that the RBI does not have the power to do so. But their acting in isolation and debarring the firm for RBI-regulated entities has many flaws,” he said.

Chopra noted that he was well aware that no one may want to surrender their turf, but then it causes immense harm to the auditing profession as no auditor may be keen to live in a state of uncertainty with regard to the number of regulators that he faces and each one of them going for a different kind of action in such cases.

Haldia said that a firm and its partners have joint responsibility to ensure quality of audit. In case an audit failure has traces to failure of the firm in discharging its responsibilities, the firm may also be held liable for punitive action together with the delinquent partner, he said.

Can all pile in?

In the context of RBI action on Haribhakti & Co LLP, legal experts held that other regulators — NFRA, ICAI and SEBI — can also get into the act and look at disciplinary action against the auditor from the perspective of their regulatory jurisdiction.

Pritika Kumar, Founder & Sentinel Counsel, Cornellia Chambers, said: “Given the powers of these regulators, in my view, they all can investigate and look at initiating disciplinary action in their own field of operation against the auditor and/or members of ICAI who may be involved in this matter.”

Ruby Sinha Ahuja, Senior Partner, Karanjawala & Co, said that the power and jurisdiction of any regulator is circumscribed by the statute, and order of RBI barring the CA firm does not give an automatic right to other regulator to start proceedings against the firm.

“Any regulator can act, provided it has jurisdiction over the issues raised by RBI in its order,” she said, adding that there is a moot question as to whether SEBI will have jurisdiction in the said matter over a CA firm.

Bottomline

The main point is one would do well to look at auditors at best as a thermometer — it may tell you the temperature, but don’t expect it to predict clots in arteries. Fraud detection and reporting will be a big ask on statutory auditor of large companies, especially when they are paid so low. Multiple regulators will only add to the auditors’ fear quotient.

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Shaktikanta Das, BFSI News, ET BFSI

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MUMBAI: The Reserve Bank remains laser-focused to bring back retail inflation to 4 per cent over a period of time in a non-disruptive manner, governor Shaktikanta Das stressed while voting for status quo in interest rates, as per minutes of the October policy meeting released on Friday.

The central bank has been mandated by the government to ensure the Consumer Price Index (CPI) based inflation is at 4 per cent, with a band of 2 per cent on either side.

The retail inflation, which was above 6 per cent during May and June, has started moving down and stood at 4.35 per cent in September.

As per the minutes of the Monetary Policy Committee (MPC) meeting held during October 6 to 8, Das said in its August 2021 meeting, the panel was faced with the challenges posed by headline inflation exceeding the upper tolerance threshold for the second successive month.

The actual inflation outcomes for July-August, with inflation registering a substantial moderation to move within the tolerance band, have vindicated the MPC’s outlook and monetary policy stance, he noted.

The more-than-expected softening of inflation in July and August this year was underpinned by the significant lowering in food price momentum, especially in August.

Going forward, the governor said if there are no spells of unseasonal rains, food inflation is likely to register significant moderation in the immediate term, aided by record kharif production, more than adequate food stocks, supply-side measures and favourable base effects.

“Volatile crude oil prices, particularly the resurgence since mid-September, is pushing pump prices to new highs, raising risk of further spillover of high transportation cost into retail prices of goods and services,” he said.

He opined that continued monetary support is necessary as the economic recovery process even now is delicately poised and growth is yet to take firmer roots.

At this critical juncture, “our actions have to be gradual, calibrated, well timed and well-telegraphed to avoid any undue surprises”, he asserted.

While voting to keep the policy rate unchanged and continue with the accommodative stance, Das said, “In parallel, we remain laser-focused to bring back the CPI inflation to 4 per cent over a period of time in a non-disruptive manner.”

All members of the MPC — Shashanka Bhide, Ashima Goyal, Jayanth R Varma, Mridul K Saggar, Michael Debabrata Patra and Shaktikanta Das — unanimously voted to keep the policy repo rate unchanged at 4 per cent. Also, all members, except Varma, voted to continue with the accommodative stance.

Deputy governor Patra said while the trajectory of inflation may undershoot the projections made in August, it is likely to be uneven, sluggish and prone to interruptions.

He also opined that even as domestic macroeconomic configurations are improving, the risks from global developments are rising and warrant a close watch as they could stifle the recovery that is underway in India.

Exports are directly at risk from logistics bottlenecks, shortages of containers and personnel in international shipping, and elevated freight rates. Policy interventions, including coordinated multilateral efforts, are needed urgently to prevent global trade from choking, he opined.

“In my view, the biggest risks to India’s macroeconomic prospects are global and they could materialise suddenly,” he added.

RBI executive director Saggar stressed that “an Arjuna’s eye” needs to be kept on commodity prices and “we need to consider different scenarios according to which we can calibrate our policies.”

He said that in his assessment, the probability that oil prices may touch or cross $85 per barrel before the year ends and could average $80 or more in second half is not insignificant.

“It can have significant impacts that are hard to precisely quantify due to non-linearities and uncertainties but, on a ballpark from the baseline, can be expected to raise inflation by 15-20 bps, lower growth by 13-15 bps, have negligible effects on fiscal subsidies and widen CAD by about 0.25 per cent of GDP,” he added.

Varma, the external member on the panel, said several arguments he made in his August MPC meeting continue to be valid.

“Since August, I have become increasingly concerned about two other risks that have become salient globally in recent weeks,” he said.

The first is that the ongoing transition to green energy worldwide poses a significant risk of creating a series of energy price shocks similar to that in the 1970s. The second recent concern is about the tail risk to global growth posed by emerging financial sector fragility in China, he said.

“Both of these risks — one to inflation and the other to growth — are well beyond the control of the MPC, but they warrant a heightened degree of flexibility and agility.

“A pattern of policy making in slow motion that is guided by an excessive desire to avoid surprises is no longer appropriate,” said Varma, who voted against the accommodative stance.

External member on the MPC Ashima Goyal said global price shocks have turned out to be more persistent, contributing to sticky core inflation and tax cuts on petroleum products are “essential” to break the upward movement that could impart persistence to domestic inflation.

She also said there is large uncertainty built into current prices because of the speculative element that seeks to profit from aggravated shortages.

“Large sudden falls are therefore possible,” she said, and added oil prices have shown high volatility.

She further said the “climate change activism” that is partly responsible for current spikes will also reduce oil demand in the future.

The third external member on the MPC, Shashanka Bhide said investment activity has picked up over the levels seen 2020-21 but is yet to reach the 2019-20 levels.

Accelerated progress in vaccinations and a number of economic policy initiatives to open up opportunities for investment are among the factors constituting positive stimulus to fresh investments.

Three members on the MPC are RBI officials and the government appoints three eminent economists as external members on the panel.



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Razorpay launches card tokenisation solution in partnership with Mastercard, RuPay and Visa

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Fintech platform Razorpay has announced a new tokenisation solution for businesses in India to enable their end-customers to continue experiencing the convenience of saved card transactions, now with added security and in compliance with RBI guidelines.

The solution termed ‘Razorpay TokenHQ’ is a multi-network Card-on-File (CoF) Tokenisation solution that will work across all major card networks including Mastercard, RuPay, and Visa.

Almost the entire base of five million businesses using Razorpay’s services will be ready to support tokenised card transactions.

RBI guidelines

Earlier this year, the Reserve Bank of India had issued a new set of guidelines that disallow businesses, payment aggregators, and acquiring banks from storing customers’ credit/debit/prepaid card information. The new guidelines allow only card networks and card issuers to store customer card information, and sanctions businesses to use tokens for offering saved card experience during online payments.

Benefits of tokenisation

COF tokenisation is the process of turning sensitive cardholder data into a string of randomly generated numbers called a “token”, which has no meaningful value if breached. All stakeholders are required to ensure full compliance with the tokenisation framework by 31st December 2021.

Also see: NPCI launches NTS platform for card tokenisation

In absence of tokenisation, customers will have to enter their card information manually, every time they transact online. This can be an inconvenience to customers and increases the chances of error in entering data leading to transaction failures.

“Tokenisation, as a technology solution bridges this inconvenience gap and enables customers and businesses to sustain “business as usual”, by converting customer card information into a coded “token”,” Razorpay said in an official release.

Homegrown solution

Shashank Kumar, CTO and Co-founder, Razorpay, said, “The RBI has been making great strides to enhance the security and convenience of digital payments in India. Newer regulations offer tremendous opportunities for us to innovate and develop localised solutions that work well for Indian businesses. Tokenisation is one such regulatory development, and Razorpay TokenHQ is a homegrown solution that will enable businesses to continue to offer seamless payments while ensuring individuals have control over their card data.”

He further added, “There are over 950 million debit & credit cards in India and this number will only grow given the rise of non-cash transactions in India’s hinterlands. We hope to see a lot of developments in building smart, secure fintech solutions for businesses and their end-users in the times ahead.”

Available for all businesses

Razorpay TokenHQ will be available for all businesses as well as merchants using other payment gateways. Merchants can use Razorpay’s solution to tokenise cards and route payments using their existing payment partnerships.

Also see: Coming soon, new framework for offline digital payments

Merchants with customised setups can start integrating Razorpay TokenHQ through APIs.

Using Razorpay TokenHQ, businesses would be able to create, process, delete and modify tokens for online card payments with customers’ consent.

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RBI caps IPO funding by NBFCs at ₹1 cr per borrower

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The Reserve Bank of India on Friday announced a scale-based regulation of non-banking finance companies, which include a ceiling on IPO funding per borrower as well as changes in the minimum net owned fund, classification of non-performing assets, and capital requirements.

Under the new framework, there will be a ceiling of ₹1 crore per borrower for financing subscription to an initial public offering (IPO).

“NBFCs can fix more conservative limits,” the RBI said in the ‘Scale Based Regulation (SBR): A Revised Regulatory Framework for NBFCs’.

Layer-based structure

While the overall guidelines shall be effective from October 1, 2022, the instructions relating to the ceiling on IPO funding will come into effect from April 1, 2022.

Under the new framework, the regulatory structure for NBFCs shall comprise four layers based on their size, activity, and perceived riskiness — base, middle, upper and top layer.

The RBI had issued a discussion paper on the topic in January this year and had sought public comments on it.

Sensitive exposure

In the discussion paper, the central bank noted that IPO financing by individual NBFCs has come under close scrutiny, more for their abuse of the system.

“While there is a limit of ₹10 lakh for banks for IPO financing, there is no such limit for NBFCs,” it had pointed out while mooting the proposal for the ₹1-crore cap.

In the new framework, the RBI has also proposed sensitive sector exposure norms for NBFCs in the middle and upper layers. “Exposure to the capital market (direct and indirect) and commercial real estate shall be reckoned as sensitive exposure for NBFCs. NBFCs shall fix board-approved internal limits for SSE separately for capital market and commercial real estate exposures,” the RBI said. A sub-limit within the commercial real estate exposure ceiling shall be fixed internally for financing land acquisition.

Housing finance companies shall continue to follow specific regulations on sensitive sector exposure, it added.

Further, the regulatory minimum net owned fund (NOF) for NBFC-Investment and Credit Companies, NBFC-MFI and NBFC-Factors shall be increased to ₹10 crore by March 2027 through a prescribed glide path.

The extant NPA classification norm also stands changed to the overdue period of more than 90 days for all categories of NBFCs. A glide path is provided to NBFCs in the base layer to adhere to the 90 days NPA norm, the RBI said.

Considering the need for professional experience in managing the affairs of NBFCs, the RBI said at least one of the directors should have relevant experience of having worked in a bank or an NBFC.

“Over the years, the sector has undergone considerable evolution in terms of size, complexity, and inter-connectedness within the financial sector. Many entities have grown and become systemically significant and hence there is a need to align the regulatory framework for NBFCs keeping in view their changing risk profile,” the RBI said.

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RBI extends Basel-III Capital framework to AIFIs

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The Reserve Bank of India (RBI) decided to extend Basel-III Capital framework to All India Financial Institutions (AIFIs) such as Export-Import Bank of India (EXIM Bank), the National Bank for Agriculture and Rural Development (Nabard), National Housing Bank (NHB) and the Small Industries Development Bank of India (SIDBI).

Basel-III standards mainly seek to raise the quality and level of capital to ensure that financial entities are better able to absorb losses on both a going concern and a gone concern basis.

These standards also increase the risk coverage of the capital framework, introduce leverage ratio to serve as a backstop to the risk-based capital measure, raise the standards for the supervisory review process and public disclosures etc.

‘AIFIs are key institutions’

The RBI said as the Indian economy grows further, the AIFIs are increasingly being seen as key institutions to promote the flow of direct or indirect credit to the economic sectors they cater to.

As per the draft Master Direction on Prudential Regulation for AIFIs, AIFIs will implement all the three Pillars of Basel-III capital regulations – pillar 1 covering capital, risk coverage and containing leverage, pillar 2 covering risk management and supervision and pillar 3 covering market discipline.

The central bank wants AIFIs to achieve minimum total capital of 9 per cent and capital conservation buffer of 2.5 per cent, with the minimum total capital and CCB adding up to 11.5 per cent, by April 1, 2022.

For NHB, since the accounting year is July-June, the implementation shall commence on July 1, 2022.

Capital instruments already issued by the AIFIs which no longer qualify under Basel-III will be allowed to be counted as tier 1 or tier 2, as the case may be, as per the existing rules until their maturity or the first call date.

All capital instruments issued by AIFIs after these directions come into effect shall comply with the requirements set out in the Master Directions.

As investment of AIFIs in the regulatory capital instruments of other financial entities contributes to the inter-connectedness amongst the financial institutions and also amounts to double counting of capital in the financial system, the draft Master Direction prescribed stringent treatment of such investment in terms of deduction from respective tiers of regulatory capital.

The RBI has invited comments on the draft Directions from all the stakeholders by November 30, 2021.

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RBI needs to ensure nascent revival of economic activity shows signs of durability: Governor Shaktikanta Das

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Reserve Bank of India Governor Shaktikanta Das said the central bank needs to ensure that the nascent revival of economic activity shows signs of durability and sustainability. At the Monetary Policy Committee (MPC) meeting, held between October 6 and 8, 2021, Das referred to an ever evolving and dynamic environment, with the outlook overcast by several uncertainties including the fact that the pandemic is far from over.

“At this critical juncture, our actions have to be gradual, calibrated, well-timed and well-telegraphed to avoid any undue surprises,” the Governor said.

Professor Varma’s take

According to the Minutes of the MPC meeting released by the RBI on Friday, Jayanth R Varma (Professor, Indian Institute of Management, Ahmedabad) was the only MPC member who voted against the accommodative stance and was not in favour of the decision to keep the reverse repo rate at 3.35 per cent. He had taken a similar stand at the previous MPC meeting.

Varma reiterated that the Covid-19 pandemic has mutated into a human tragedy rather than an economic crisis, and monetary policy is not the right instrument to deal with this.

“…The ill effects of the pandemic are now concentrated in narrow pockets of the economy, and monetary policy is much less effective than fiscal policy for providing targeted relief to the worst affected segments of the economy,” he said.

“…Inflationary pressures are beginning to show signs of greater persistence than anticipated earlier,” the Professor said.

He flagged two other risks – one to inflation (the ongoing transition to green energy worldwide poses a significant risk of creating a series of energy price shocks) and the other to growth (the tail risk to global growth posed by emerging financial sector fragility in China) – are well beyond the control of the MPC, which warrant a heightened degree of flexibility and agility.

Varma opined that a pattern of policy making in slow motion that is guided by an excessive desire to avoid surprises is no longer appropriate.

Views of other members

Shashanka Bhide, Senior Advisor, National Council of Applied Economic Research, Delhi, noted that in the context of the uncertainties in the external demand and price conditions and an uneven sectoral growth pattern, an accommodative monetary policy stance and broader policy support are necessary at this juncture for strengthening the growth momentum and reducing inflation pressures.

Ashima Goyal, Emeritus Professor, Indira Gandhi Institute of Development Research, Mumbai, observed that global price shocks have turned out to be more persistent, contributing to sticky core inflation.

She emphasised that tax cuts on petroleum products are essential to break the upward movement that could impart persistence to domestic inflation.

Goyal felt that liquidity needs to be kept in sufficient surplus to absorb large shocks from foreign flows, government cash balances and currency leakages even as the excess is reduced allowing the reverse repo to rise gradually and arrangements for non-banks remain in place.

She suggested that a higher fixed reverse repo rate for banks could be linked to raising their interest rates on deposit accounts.

‘Close watch needed’

MD Patra, Deputy Governor, RBI, said even as domestic macroeconomic configurations are improving, the risks from global developments are rising and warrant a close watch as they could stifle the recovery that is underway in India.

“…In my view, the biggest risks to India’s macroeconomic prospects are global and they could materialise suddenly,” he cautioned.

Mridul K Saggar, Executive Director, RBI, stated that if at all some guidance is needed at this stage, it has to be a soft one, with the Reserve Bank preparing markets that while policy stance is likely to remain accommodative till growth is revived on a durable basis, liquidity levels will be adjusted dynamically to appropriate lower levels that are still consistent with accommodative stance.

“…In my judgement, if no new disruptions to growth emerge, output gap will close sometime in 2022-23 and monetary policy should start to gradually reposition to lowering underlying inflation and inflation expectations next year, especially if inflation edges up from the energy and services side amid sticky goods core inflation,” Saggar said.

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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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Bank credit grows 6.48%; deposit by 10.16%, BFSI News, ET BFSI

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Mumbai, Bank credit grew by 6.48 per cent to Rs 110.13 lakh crore and deposit by 10.16 per cent to Rs 157.56 lakh crore in the fortnight ended October 8, RBI data showed. In the year-ago fortnight ended October 9, bank advances were at Rs 103.43 lakh crore, and deposits were at Rs 143.02 lakh crore, according to RBI’s Scheduled Banks’ Statement of Position in India as on October 8, 2021 data, released on Thursday.

In the previous fortnight ended September 24, 2021, bank credit had grown by 6.67 per cent and deposit by 9.34 per cent.

In FY2020-21, bank credit had grown by 5.56 per cent and deposit by 11.4 per cent.

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