IBA moves RBI seeking licence to set up 6k-cr NARCL, nod likely soon, BFSI News, ET BFSI

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New Delhi: The Indian Banks’ Association (IBA) has moved an application to the Reserve Bank of India (RBI) seeking licence to set up a Rs 6,000-crore National Asset Reconstruction Company Ltd (NARCL) or bad bank, according to sources.

NARCL was incorporated last month in Mumbai following the registration with Registrar of Companies (RoC).

According to sources, the company after mobilising an initial capital of Rs 100 crore and fulfilling other legal formalities has approached the RBI seeking licence to undertake asset reconstruction business.

The RBI in 2017, raised the capital requirement to Rs 100 crore from the earlier level of Rs 2 crore, keeping in mind the higher amount of cash required to buy bad loans.

RBI has its process and procedure for granting licence for such business, sources said, adding, it could take next few weeks to obtain licence from the regulator.

RBI’s approval could come either in September or October, sources added.

Legal consultant AZB & Partners has been engaged to seek various regulatory approvals and fulfilling other legal formalities.

IBA, entrusted with the task of setting up a bad bank, has put a preliminary board for NARCL in place. The company has hired P M Nair, a stressed assets expert from State Bank of India (SBI), as the managing director.

The other directors on the board are IBA Chief Executive Sunil Mehta, SBI Deputy Managing Director S S Nair and Canara Bank’s Chief General Manager Ajit Krishnan Nair.

Finance Minister Nirmala Sitharaman in Budget 2021-22, announced that the high level of provisioning by public sector banks of their stressed assets calls for measures to clean up bank books.

“An Asset Reconstruction Company Limited and Asset Management Company would be set up to consolidate and take over the existing stressed debt,” she had said in the Budget Speech. It will manage and dispose the assets to alternative investment funds and other potential investors for eventual value realisation, she had said. ba



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Banks may slow ATM expansion, encourage online transactions, BFSI News, ET BFSI

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The new Reserve Bank of India rule to penalise banks Rs 10,000 for each instance of an ATM out of cash for 10 hours has an unintended fallout in the form of banks slowing down the rollout of ATMs.

According to experts, banks may rely on other banks ATMs if there are more restrictions rather than setting up new ones. With digital channels picking up banks would go slow on ATMs.

The directive may cost banks Rs 125-200 crore, according to estimates by ATM operators and cash logistics companies.

In a circular to banks, the RBI said that they should monitor the availability of cash in ATMs and ensure that there are no cash-outs. The circular said that banks would be fined Rs 10,000 if there is a cash-out at any ATM for more than 10 hours in a month.

The issue

There are 2,13,766 ATMs in the country, and most of them are managed by MSPs who appoint cash-in-transit companies to replenish the currency notes in the machines.

An ATM typically goes out of cash six times every month and nearly 50% of the ATMs face this issue. The biggest hit will be to State Bank of India which has about 64,000 ATMs.

However, there are certain locations where ATMs run out of cash within hours of being loaded. These machines may not become feasible to operate if there is a penalty every month.

The reaction

There is a mixed reaction to the move by the RBI to penalise banks Rs 10,000 for each instance of an ATM being out of cash for 10 hours. ATM operators (known in the industry as managed service providers, or MSPs) and cash-in-transit companies are throwing up their hands, stating that they will not bear the penalty.

However, it is quite likely that the banks may pass the penalty to MSPs, which will in turn pass it on to cash logistics agencies.

Experts stress the need to address the root causes of ATMs running dry, such as sub-optimal cash forecasting and delays in the availability of ATM-fit currency.

The RBI circular

Already banks are struggling to meet the 2018 RBI circular that requires banks to put in place stringent measures such as transporting cash in cassettes, in prescribed vehicles sticking to government norms on the transport of currency during specified hours of the day. According to banks, it is difficult to implement all these norms under present cost structures.



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Ujjivan SFB: Working on smooth transition in consultation with RBI

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Ujjivan Small Finance Bank said the transition post resignation of Nitin Chugh as Managing Director and CEO is being smoothly managed in consultation with the Reserve Bank of India.

“The bank has been working for several months to strengthen the board,” it said in a statement.

Noting that the bank has recently witnessed several challenges on the business front, coupled with several resignations both at the board level and senior management, Ujjivan SFB further said, “The immediate task of bank board in close collaboration with the holding company would be to bring back stability and achieve its desired goals and growth, complete the reverse merger and see that shareholders’ interest is duly taken care of.”

“The bank looks at the future with optimism,” it stressed.

New postings

BA Prabhakar, former CMD of Andhra Bank and Chairman of NSDL, joined the Ujjivan SFB’s board as an Independent Director and is being considered as part-time Chairman of the bank.

The board of Ujjivan Financial Services has nominated Samit Ghosh, the founder of Ujjivan, as a common (non-executive, non-independent) director on the bank board to provide oversight on some critical areas like portfolio quality and people management.

“His direct involvement would also facilitate the reverse merger of the bank and holding company. Further, his long standing experience in the microfinance sector would stand in good stead in guiding the bank management to steer through the present credit crisis,” the statement said.

In a stock exchange filing on August 19, Ujjivan SFB said Chugh has tendered his resignation as MD and CEO citing personal reasons. He will step down from the role on September 30.

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RBI against dropping card data storage clause in new rules, BFSI News, ET BFSI

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The Reserve Bank of India (RBI) has rejected a demand by India’s payment gateways for exemptions on select new regulatory norms that are set to prohibit merchants from storing card details and payment operators from offering one-click checkout service to consumers from January 2022, three sources aware of the matter told ET.

The new Payment Aggregator/Payment Gateways (PA/PG) rules will mandate every online merchant processing transactions for customers to only have access to a ‘tokenised’ key linked with the consumer’s cards instead of the entire card file. While authorised card operators will be allowed to store card details for seamless processing of redressals and chargebacks, the new rules will prohibit the usage of this data even by authorised operators for auto checkouts.

This means millions of card holders – both debit and credit – making payments online in 2022 may have to enter their 16-digit card numbers every time they make a payment online as opposed to just authenticating these transactions through the CVV (card verification value) and the one-time password (OTP) as is the current norm.

“The RBI’s new rules have been framed keeping security of the consumers as paramount,” said an industry official aware of the matter. “The current system, while seamless, is prone to breaches and cyber risks as customer card details are being stored in the servers of merchants not directly under the supervisory purview of the central bank.”

The Payments Council of India (PCI) lobby group has suggested alternative solutions beyond encryption through tokenisation–such as secure reference on file–to minimise customer inconvenience. They argue that as licensed aggregators are storing card data on isolated servers for chargeback references, these may be used for allowing one-click checkouts subject to consumer consent.

PCI has also sought a further extension of the deadline for compliance in its letter to the RBI.

“To allow regulated entities to develop and implement solutions that meet the criteria, as well as to ensure consumers are informed, we request sufficient time to be allowed to ensure the entire card ecosystem is prepared to handle card transactions under new solutions without adverse unintended consequences,” said the letter reviewed by ET.

To be sure, the rules were initially set to be enforced from July 2021. The RBI extended this by six months after the industry lobbied for it.

The RBI didn’t respond to queries.

The gateways say customers will see experience friction in subscription-based services that require storage of card data to bill them on a recurring basis. Without the customer data, merchants will have to ask for the card information in every billing cycle, which will result in business disruption, they say.

“While this directive from the RBI is right in intent, it leads to a blanket prohibition for service provider merchants from storing customers’ financial information, even when the said merchants may have the requisite security norms in place or may intend to have one for the same, thereby affecting smooth flow of online payments,” said Rameesh Kailasam, CEO and president of IndiaTech, an industry grouping of startups.

Earlier in the year, IndiaTech had made representations to both the RBI and the finance ministry to allow merchants with adequate security compliances to handle customer data without encryption to prevent disruption to seamless checkouts. Kailasam said IndiaTech is preparing another representation to reiterate this point to the central bank ahead of the deadline.

“It is important to understand here that from a practicality standpoint, device tokenisation may not work in all use cases, like subscription businesses and payments that are device agnostic,” he said.

ET reported Thursday that at least 30 firms including Tata Group, Amazon, Zomato and PhonePe have applied for PA/PG authorisation under the new RBI rule, which was formally introduced in March 2020. The widespread interest among internet firms to apply for an aggregator licence can also be explained by their intent to convert themselves from merchants to payment processors to ensure reduced friction in payment processing for customers.

“The central bank is firm on its stand to not allow any more extensions as of now as the ecosystem has seen several high-profile breaches, mostly at the end of merchants and unauthorised payment aggregators,” said the chief executive of a payment gateway present at the meeting with RBI representatives earlier this month. This year has seen high-profile cyberattacks such as those on JusPay, Mobikwik, Air India and Upstox.



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What made HDFC Bank’s big boss write the Reserve Bank a thank-you note, BFSI News, ET BFSI

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The boss of India’s largest private bank can’t thank RBI enough for the eight-month ban on issuing new credit cards. HDFC Bank‘s CEO Sashidhar Jagdishan in a company-wide communique said the central bank RBI’s embargo enabled the bank to reimagine its IT systems and processes and “turbo-charge” the pace of its technology transformation.

Jagdishan reiterated the bank’s plan to be “back with a bang” in the card space and regain lost market share.

As per Macquarie’s analysis, HDFC Bank lost nearly 180 basis points of market share as of May 2021 since end of November 2020 when the ban on launch of new credit cards came into effect. Their market share slipped to 24% while ICICI Bank and SBI Cards gained 130bps and 37bps to 17.4% and 19.2%, respectively.

The lender also has vast ground to gain and can easily capture back the space it lost after it added 36.5 lakh liability accounts from January to June 2021,1.5-2 lakh credit cards per month pre-Covid.

“I am thankful for the rap on the knuckles from the regulator. This rap has opened our eyes to the world of possibilities,” Jagdishan was quoted as saying in a TOI report. “In the coming time, we will be able to demonstrate the technology transformation that we have embarked on.”

Jagdishan also wrote of HDFC’s future credit card rollout plans. He added that business generation activities would continue under the Digital 2.0 initiative until further review. He plans to scale operations safely by building a ‘digital factory’ and an ‘enterprise factory’.

“Overall, lifting of RBI restrictions before the beginning of festive season is a positive development as HDFC Bank has usually been aggressive during festive season and offers various discounts on consumer products,” said Nitin Aggarwal, research analyst, Motilal Securities.



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New locker rules to compensate for loss

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The Reserve Bank of India has asked banks to compensate customers an amount equivalent to 100 times the prevailing annual rent of the safe deposit locker in case of incidents such as fire, theft, burglary, dacoity, robbery, building collapse or fraud committed by bank employees.

At present, banks do not have any liability towards lockers. In February, the Supreme Court held that banks cannot wash their hands off, and gave the RBI six months to put in place guidelines for locker management.

On Wednesday, the RBI guidelines said it is the responsibility of banks to take all steps for the safety and security of the premises in which the safe deposit vaults are housed.

It asked banks to clarify in their locker agreement that since they do not have a record of the content of the locker, they would not be under any liability to insure the contents against any risk.

Further, banks shall under no circumstances offer, directly or indirectly, any product to its locker-hirers for insurance of the content.

Locker rent

To deal with potential situations where the hirer neither operates the locker nor pays the rent, the RBI said banks can obtain a Term Deposit (TD), at the time of allotment, which would cover three years’ rent and the charges for breaking open the locker in case of such eventuality.

Banks, however, should not insist on such TDs from the existing locker holders or those who have satisfactory operative accounts.

Banks shall renew their locker agreements with existing locker customers by January 1, 2023.

Locker keys and alerts

The central bank asked banks to ensure that the identification code of the bank/branch is embossed on all locker keys to enable law enforcement agencies identify ownership.

Banks are to send an email and an SMS alert to the registered email ID and mobile number of the customer before the end of the day to confirm the date and time of the locker operation and the redress mechanism available in case of unauthorised locker access.

If the locker remains inoperative for seven years and the hirer cannot be located, even if rent is being paid regularly, the bank shall be at liberty to transfer the contentto the customer’s nominees/legal heir or dispose of the articles in a transparent manner.

 

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From Amazon to Zomato, a big crowd at RBI doors for payment aggregator licence, BFSI News, ET BFSI

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Mumbai: A slew of companies harbouring fintech ambitions have made a beeline to the Reserve Bank of India to become licensed Payment Aggregators (PAs) under the central bank’s upcoming regulatory regime for non-bank payment providers.

Firms that have applied for authorisation or in advanced stages of submitting their proposals to the RBI include the Tata group, Amazon, Reliance Industries, Dutch payments startup Adyen, Paytm, BharatPe, PhonePe, CC Avenue, Razorpay, Cred, Zomato, PayU, Worldline, Pine Labs and CAMSPAY, sources involved in the diligence process told ET.

At least 30 firms are learnt to have submitted their proposals, sources said, indicating that the number of applicants could increase before the September 30 deadline for existing and new non-bank firms to apply.

The firms that will be authorised to operate as PAs in India will be under the direct purview of RBI in rendering payment services to merchants, in a step that many industry insiders said would lead towards a more standardised and regulated payments ecosystem.

“For long, the operations of PAs in India have been seen as a blind spot for regulations,” said a payments industry insider. “RBI’s PA/PG rules in this regard were introduced to ensure a standard for those firms offering payment service to merchants.”

“There is a feeling that any internet firm with a mass consumer base will be applying for a PA licence as the eligibility barrier is low and missing out on approval can limit any future expansion in offering fintech services,” the source said.

Under the new rules, any firm acquiring merchants would compulsorily need RBI approval to operate as a licensed PA, the source added.

The central bank’s new Payment Aggregator/Payment Gateway guidelines – introduced formally in March 2020 – mandate that only firms approved by RBI can acquire and offer payment services to merchants. Regulated banks do not need any separate approvals.

As per RBI rules, the eligibility criteria for a firm applying for PA authorisation is a minimum net worth of Rs 15 crore in the first year of application and going up to Rs 25 crore by the second year.

The firm also must fulfil ‘fit and proper’ criteria as well as be compliant with global payment security standards under PCI DSS, an information security protocol maintained by payment firms across the world.

“PhonePe has been operating as a Payment Aggregator, offering payment services to merchants on our network. In line with the RBI guidelines, we would be applying for the PA licence to continue offering payment services to our merchant partners,” a PhonePe spokesperson said.

According to Ramesh Narasimhan, Head – Digital Commerce, Worldline India, “Ingenico ePayments India – a Worldline brand, is in the process of directly applying for the Payment Aggregator license well before the deadline as we remain committed to deepening the reach of online payment solutions in India.”
Spokespersons for Adyen, Razorpay and Cred did not offer comment. Other firms cited earlier in the story did not respond to ET’s email. RBI also did not comment.

Newly listed Zomato said in exchange disclosure that it had already incorporated a wholly owned subsidiary to handle digital payments and payment gateway services.

Sources told ET that many leading e-commerce marketplaces, global payment firms, existing PGs and domestic consumer internet firms are also in line to apply for authorisations.

ET could not independently confirm these names.

“There is almost a sense that RBI is inundated with the rush of applications,” a second source aware of the matter said. “The indication has been that RBI will take a ‘First In, First Out’ approach in scrutinising different proposals. This means that the overall scrutiny process is likely to take a few months.”

“The regulator will also allow firms to continue their operations until they communicate the fate of the respective proposals. For a PA operating in India whose application has been turned down, the expectation is that RBI will offer a window to wind down its operations,” the source, who is the chief executive of one of the firms applying for authorisation, told ET.

RBI defines PAs as entities that facilitate e-commerce sites and merchants to accept various payment instruments from the customers for completion of their payment obligations, without the need for merchants to create a separate payment integration system of their own.

PGs are defined as entities that provide technology infrastructure to route and facilitate processing of an online payment transaction without any involvement in handling of funds.

The motive of the new PA/PG guidelines could also be to have a better supervisory control over payment operations of internet and e-commerce firms in India.

The applicability for PA/PG authorisation could be made ‘on-tap’ after the initial set of approvals, a third source said.



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HDFC Bank goes abroad for risky bond sale after India clampdown

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HDFC Bank Ltd. sold a riskier dollar bond overseas that helps bolster its balance sheet, in a move that local peers may follow after the market regulator tightened its rules in the domestic market.

The country’s biggest lender by market capitalization priced Additional Tier 1 notes in the offshore market at a yield of 3.7 per cent. Those are unsecured securities with voluntary call options but no set maturity. It’s only the second such deal abroad from an Indian lender after the State Bank of India sold such securities in 2016.

Regulatory changes

The overseas debt market may beckon other Indian banks, after the country’s seizure of Yes Bank last year caused losses for individuals on those securities and prompted regulators to introduce stricter investment rules at home. Sales will be constrained though by regulatory limits on how much foreign-currency AT1 debt that Indian banks can issue.

“We expect further issuance from Indian banks given that the domestic market for AT1 issuance has shrunk following regulatory changes,” CreditSights analysts, Yustina Quek and Pramod Shenoi, said in a note.

While Indian banks have largely met their capital requirements, selling more AT1 notes will help them create cash buffers that will let them absorb any more loan losses in a country with world’s worst bad debt ratio. It could also free up funds to extend more loans and make acquisitions.

The Securities & Exchange Board of India ordered in March that local mutual funds, some of the biggest holders of AT1 debt in the country, treat those notes as 10-year debt from April, 20-year bonds a year later and eventually as 100-year notes from April 2023, forcing them to cut their exposure to these issuances. Valuing these bank bonds as longer-maturity bonds would lead net assets to drop at mutual funds.

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RBI standardises bank locker rules, BFSI News, ET BFSI

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Reserve Bank of India (RBI) has standardised the rules for opening and maintaining bank lockers across banks, in response to directions by a two judge bench of the Supreme Court in February. RBI has asked all bank boards to frame a agreement for safe deposit lockers based on a model locker agreement to be framed by Indian Banks Association (IBA).

Banks have time to comply with the new norms till January 1 2022 and have to renew their locker agreements with existing locker customers by January 2023, RBI said. Banks have been allowed to obtain a term deposit from the locker holder at the time of allotment covering three years’ rent and the charges for breaking open the locker in case of such eventuality to ensure lockers are used and rent paid on time. “Banks, however, shall not insist on such term deposits from the existing locker holders or those who have satisfactory operative account.

The packaging of allotment of locker facility with placement of term deposits beyond what is specifically permitted above will be considered as a restrictive practice,” RBI said. In case the locker rent is collected in advance, the remaining amount from the advance should be refunded to the customers during the surrender of the locker. In case of a merger or closure or shifting of branch warranting physical relocation of the lockers, the bank shall give public notice in two newspapers (including one local daily in vernacular language) and the customers will have to be intimated at least two months in advance along with options for them to change or close the facility.

Banks have also been asked to formulate a policy for nomination and release of contents to nominees. The contents have to be released within 15 days of the death of the depositor. “In order to ensure that the articles left in safe custody and contents of lockers are returned to the genuine nominee, as also to verify the proof of death, banks shall devise their own claim formats, in terms of applicable laws and regulatory guidelines,” RBI said.

Banks have also been directed to maintain a branch-wise list of vacant lockers as well as a wait-list for the purpose of allotment of lockers and ensure transparency in allotment of lockers. Customers who do have any banking relationship with the bank may also be given the facilities of safe deposit locker/safe custody article, RBI said.



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RBI deadline to stop storage of card details worries start-ups

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With the deadline to implement an RBI norm that prohibits payment gateways and payment aggregators from storing customer card details closing in, consumer tech start-ups are a worried lot.

Accepting the diktat could reduce the ease of payments for half a billion Internet users in India.

This could even increase barriers of entry for the next billion Internet users who are just getting hold of technology services like food delivery, online retail, and on-demand video streaming.

The RBI had suggested tokenisation as a measure for non-bank payment aggregators to replace actual card details of customers with an alternative code termed as ‘token’. The token has to be unique for a combination of card, token requestor (an entity that accepts tokenisation request from the customer and sends it to the card network to issue a token), and device.

The safety provided by tokenisation is that if a company is hacked, the hacker cannot use that data for another platform.

One device, one card

But in tokenisation, the consumers will only be able to use one card to make transactions on one device. Each platform will generate a unique token corresponding to the user’s card and device.

On the challenges attached to tokenisation, Rameesh Kailasam, CEO of Indiatech, told BusinessLine, “The ecosystem may not be ready for such measures, because companies will be expected to create a token with each payment aggregator/payment gateway which will override the intent of recurring payments. Essentially, customers will not have the feasibility of placing repeat orders, making EMI payments, and standing transactions against their card.”

The RBI rule on stopping card storage was initially given an implementation deadline of July but was later extended to January 2022 following industry demand.

Indiatech.org, an industry association of Indian start-ups including Ola, hike, Makemytrip, and Nykaa among others, has recommended that companies that are able to afford industry certifications like Payment Card Industry Data Security Standard (PCI DSS) Level 1 be allowed to save customer’s card details with necessary reporting and audit mechanisms built to inform the RBI. Further, it suggested that beyond-device tokenisation should be allowed.

The central bank’s motive to bring these rules was to guard customer data against frequent data breach cases in tech companies. Cybercrime cases in India have grown exponentially since the pandemic. Per data shared by the Union Minister of State for Home Affairs, G Kishan Reddy, in the Lok Sabha in March, between August 30, 2019, and February 28, 2021, as many as 3.17 lakh cybercrime incidents were registered on the National Cyber Crime Reporting Portal.

Data security

Commenting on the relation of data security issues with companies’ storing customer card details, independent security researcher, Rajashekhar Rajaharia said, “Storing customer data is not what leads to data breaches. It is weak and, in some cases, outdated encryptions used by the Internet companies that expose them to data leaks and hackers.

“In addition to this, the Indian government also needs to conduct data audits of companies as done in countries like the US and Europe,” he added.

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