RBI issues guidelines on risk-based internal audit for NBFCs, UCBs

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The Reserve Bank of India (RBI) on Tuesday issued guidelines on risk-based internal audit (RBIA) framework for Non-Banking Financial Companies (NBFCs) and Primary (Urban) Co-operative Banks (UCBs) which they need to implement by March 21, 2022.

The RBIA framework has been specifically mandated for supervised entities (SEs) — all deposit-taking NBFCs; all non-deposit taking NBFCs (including Core Investment Companies) with asset size of ₹5,000 crore and above; and all UCBs with asset size of ₹500 crore and above — to enhance the efficacy of their internal audit systems and processes.

Also read Regulating NBFCs

RBI asked the SEs to place the RBIA circular before their Board in its next meeting. The implementation of these guidelines as per timeline specified should be done under the oversight of the Board.

The central bank observed that the internal audit function should broadly assess and contribute to the overall improvement of the organization’s governance, risk management, and control processes using a systematic and disciplined approach. The function is an integral part of sound corporate governance and is considered as the third line of defence.

The supervised entities (SEs) will have to move towards a framework which will include, in addition to selective transaction testing, an evaluation of the risk management systems and control procedures in various areas of operations. This will also help in anticipating areas of potential risks and mitigating such risks.

Audit plan and review

Per the guidelines, RBIA should undertake an independent risk assessment for the purpose of formulating a risk-based audit plan which considers the inherent business risks emanating from an activity / location and the effectiveness of the control systems for monitoring such inherent risks.

The RBIA policy must be reviewed periodically. The risk assessment of business and other functions of the organization shall at the minimum be conducted on an annual basis. Every activity / location, including the risk management and compliance functions, shall be subjected to risk assessment by the RBIA, according to the guidelines.

Also read RBI’s norms will enhance stability of NBFC sector: Fitch Ratings

The SEs RBIA policy should also lay down the maximum time period beyond which even the low risk business activities / locations would not remain excluded for audit.

The Audit Committee of the Board (ACB)/ Board should formulate and maintain a quality assurance and improvement program that covers all aspects of the internal audit function.

The quality assurance program may include assessment of the internal audit function at least once in a year for adherence to the internal audit policy, objectives and expected outcomes.

RBI said a consolidated position of major risks faced by the organization needs to be presented at least annually to the ACB/Board, based on inputs from all forms of audit.

Authority and competence

The regulator wants senior management of SEs to ensure that the RBIA function is adequately staffed with skilled personnel of right aptitude and attitude who are periodically trained to update their knowledge, skill and competencies.

RBI emphasised that the internal audit function must have sufficient authority, stature, independence and resources thereby enabling internal auditors to carry out their assignments properly.

The Head of Internal Audit (HIA) shall be a senior executive with the ability to exercise independent judgment. Except for the entities where the internal audit function is a specialised function and managed by career internal auditors, the HIA shall be appointed for a reasonably long period, preferably for a minimum of three years.

RBI said requisite professional competence, knowledge and experience — including banking/financial entity’s operations, accounting, information technology, data analytics, forensic investigation, among others.– of each internal auditor is essential for the effectiveness of internal audit function. The collective skill levels should be adequate to audit all areas of the SE.

The SEs may prepare a Risk Audit Matrix based on the magnitude and frequency of risk.

RBI said the internal audit function should not be outsourced. However, where required, experts including former employees can be hired on a contractual basis subject to the ACB/Board being assured that such expertise does not exist within the audit function of the SE.

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RBI appoints external IT firm for special audit of HDFC Bank’s IT infrastructure

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The Reserve Bank of India has appointed an external IT firm for carrying out a special audit of the IT infrastructure of HDFC Bank, which has faced a number of outages in its digital banking services.

“The RBI has appointed an external professional IT firm for carrying out a special audit of the entire IT infrastructure of the bank under Section 30 (1‐B) of the Banking Regulation Act, 1949 (“the Act”), at the cost of the bank under Section 30 (1‐C) of the Act,” HDFC Bank said in a regulatory filing on Tuesday.

Also read: HDFC Bank’s internet, mobile services hit for third day in a row

The bank shall accordingly extend its cooperation to the external professional IT firm for conducting the special IT audit, it further said.

Also read: HDFC Bank’s multiple digital outages are credit negative: Moody’s

RBI had on December 2 last year directed HDFC Bank to temporarily halt sourcing of new credit card customers as well as launches of digital business generating activities planned under its proposed programme ‐Digital 2.0.

The directive had come after a sudden outage at one of HDFC Bank’s data centres impacted its digital and mobile banking and ATM and payment services on November 21, 2020 and a similar outage in December 2019.

In an analyst call after its third quarter results, HDFC Bank had said it had submitted a blueprint to the RBI on how to address these digital outages. The bank had said the action plan will take 10-12 weeks for implementation, and further timeframe will depend on the RBI’s inspection.

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RBI appoints IT firm to audit HDFC Bank’s entire IT infrastructure, BFSI News, ET BFSI

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HDFC Bank in an exchange filing has said that the regulator has appointed an external IT firm to carry out entire audit of the bank’s IT infrastructure.

Previously the bank had notified that with recent events of outages in the bank’s digital channels over the past two years in the bank’s internet banking and payment system on November 21, 2020 was due to power failure in the primary data centre.

The bank in the exchange notification said, “RBI has appointed an external professional IT firm for carrying out a special audit of the entire IT infrastructure of the Bank under Section 30 (1‐B) of the Banking Regulation Act, 1949 (“the Act”), at the cost of the Bank under Section 30 (1‐C) of the Act.”

It added, “The Bank shall accordingly extend its cooperation to the external professional IT firm so appointed by
RBI for conducting the special IT audit as above.”

The RBI had disallowed the bank to onboard new credit card customers and rolling out any new digital initiatives on the back of outages which had impacted customers and payment channels.

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Is there a case for a bad bank?

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The economic uncertainties from the Covid -19 pandemic has once again re-opened the debate on the need for setting up a bad bank to take care of the fresh wave of bad loans and also free up resources for lending.

While the Finance Ministry is understood to be examining such a proposal, Reserve Bank of India Governor Shaktikanta Das also recently said the central bank is open to look at such a plan.

Significantly, the Economic Survey 2020-21 has been silent on the issue of a bad bank but has pointed out the need for an asset quality review after the current forbearance ends and a re-capitalisation of banks to spur lending.

All eyes are now on whether Finance Minister Nirmala Sitharaman will announce such a plan in the Union Budget 2021-22 or will look at other ways to resolve the challenges in the banking sector.

The RBI in its latest Financial Stability Report has estimated that the gross NPAs of banks may increase from 8.5 per cent in March 2020 to 12.5 per cent by March 2021 under the baseline scenario and the ratio may escalate to 14.7 per cent under a very severely stressed scenario.

This is already becoming evident in the third quarter results of banks that reflect increased stress and lenders are gearing up to meet a fresh wave of NPAs.

 

HDFC Bank had said if it had classified accounts as NPA after August 31, 2020, the proforma gross NPA ratio would have been 1.38 per cent as on December 31, 2020 as against reported 0.81 per cent.

For Yes Bank, the proforma gross NPA would be nearly at 20 per cent as against the reported 15.36 per cent for the third quarter this fiscal.

In their pre-Budget interactions, setting up of a bad bank has been a key wish list for many stakeholders and experts. Industry chamber CII had urged the Finance Minister to consider such a proposal and allow multiple bad banks.

Explaining the rationale, veteran banker and CII President Uday Kotak had said, “In the aftermath of Covid-19 it is important to find a resolution mechanism through a market determined price discovery. With huge liquidity both globally and domestically multiple bad banks, can address this issue in a transparent manner and get the credit cycle back in action.”

Prashant Kumar, Managing Director and CEO, Yes Bank, also said it would be good for the economy. “We are the first ones to support the idea of a bad bank and we are working on our own ARC. I think a bad bank coming in any form would be really good for the economy,” he had recently told BusinessLine.

Analysts point out that a bad bank would lower the re-capitalisation need for public sector banks in the new fiscal year and boost incremental lending by banks.

Banks could become more cautious on lending if bad loans rise. The Survey highlighted that credit growth slowed down to 6.7 per cent as on January 1, 2021 from 14.8 per cent in February 2019.

Not a new idea

The idea of a bad bank is not a new proposal but has been revisited a couple of times in the last few years.

As the name suggests, a bad bank will buy the bad loans of financial sector entities so that they can clean up their balance sheets and move ahead with lending.

One such entity was set up in 1988 for US based Mellon Bank and other such agencies have been set up in countries including Ireland.

The proposal of setting up a bad bank in India had previously come up in the Economic Survey 2016-17, which had suggested setting up of a centralised Public Sector Asset Rehabilitation Agency (PARA) to take charge of the largest, most difficult cases, and make politically tough decisions to reduce debt.

In June 2018, then Finance Minister Piyush Goyal had set up a committee to examine whether transferring NPAs of PSBs to an ARC or a bad bank was a suitable proposal.

Many not in favour

But, there have also been many arguments against a bad bank, with reservations within the government and RBI at various points of time.

Funding could be an issue in a year when the government is hard pressed for resources. In its proposal submitted in May last year, Indian Banks’ Association had suggested an initial outlay of ₹10,000 crore.

But the main issue is that banks would have to sell the bad loans and take a haircut, which would impact its P&L. Until this issue is addressed, creating a new structure may not be as potent in addressing the problem.

A recent note by Kotak Institutional Equities had also said bad bank is perhaps well served in the initial leg of the recognition cycle.

“Today, the banking system is relatively more solid with slippages declining in the corporate segment for the past two years and high NPL coverage ratios, which enable faster resolution,” it said, adding that setting up such an agency today would aggregate but not serve the purpose observed in other markets.

As of now, the problem of NPAs are held at bay as the Supreme Court verdict is pending. Setting out a strategy to tackle the looming issue is critical – if not a bad bank, then via other options.

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RBI strengthens grievance redress framework

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Enhanced disclosures on customer complaints and operationalisation of a cost-recovery framework have been prescribed by the RBI to strengthen and improve the efficacy of the grievance redress mechanism of banks.

Further, the central bank will undertake intensive review of the grievance redress mechanism of banks having persisting issues. Based on the review, a remedial action plan will be formulated and formally communicated to the banks for implementation within a specific time frame.

RBI said it will operationalise the cost-recovery framework for banks, whereby the cost of redress of maintainable complaints will be recovered from the banks against whom the number of complaints received in OBOs are in excess of their peer group averages.

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Concerns ahead despite good Q3 results

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Third quarter results of banks have indicated banks show a rise in net profit but concerns are evident ahead. Bank of Baroda reported a standalone net profit of ₹1,061 crore in the third quarter against a net loss of ₹1,407 crore in the year-ago quarter. Private sector lender ICICI Bank reported a 19.1 per cent increase in its standalone net profit in the third quarter of the fiscal at ₹4,939.59 crore.

The bank had a net profit of ₹4,146.46 crore in the same period last fiscal. However, Axis Bank reported a 36.4 per cent drop in its net profit in the third quarter this fiscal despite a robust rise in net interest income as provisions rose sharply. For the quarter ended December 31, 2020, Axis Bank’s standalone net profit stood at ₹1,116.60 crore as against ₹1,757 crore in the same period a year ago.

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RBI steps in to push UPI, RuPay’s global reach

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UPI can be used to transform retail payment mechanisms globally, and at the same time promote financial inclusion, the booklet said

The Reserve Bank of India (RBI), in close collaboration with the government and National Payments Corporation of India (NPCI), is working to expand the reach of Unified Payments Interface (UPI) and RuPay globally. In this connection, it has written to other central banks highlighting the features of UPI as an efficient and secure system, the RBI said in a recently-released booklet on payment and settlement systems in India. As on November 30, 2020, RuPay had a 60% share in cards issued, the booklet said.

UPI can be used to transform retail payment mechanisms globally, and at the same time promote financial inclusion, the booklet said. “UPI system has the potential to evolve into a cheaper and quicker alternative to available channels of remittance for cross-border payments as well, whether related to retail remittances or small-value trade transactions. It could, in future, provide the basis for a stronger bilateral business and economic partnership with other jurisdictions,” the RBI said.

The central bank has also participated in regional outreach programmes where the features of UPI and the possibility of leveraging on the UPI system to facilitate cross-border transactions were presented to participants. It is collaborating with the Bank for International Settlements (BIS) to organise outreach events and webinars to spread awareness about the potential of UPI and encourage the adoption of UPI and RuPay cards across jurisdictions.
Over the past 10 years, during the period between FY11 and FY20, the number of debit cards issued increased to 82.86 crore from 22.78 crore, of which around 30 crore were RuPay debit cards issued to basic savings bank deposit (BSBD) accountholders. During the same period, the number of credit cards issued increased to 5.77 crore from 1.80 crore. The increase in cards has facilitated growth in both online and physical point of sale (PoS) terminal-based card payments, resulting in an increase in digital transactions, the RBI said.

Countries that encourage domestic cards have been observed to be faster in moving away from cash, the booklet said. “India is a late entrant to the domestic card market and in 2017, the share of RuPay was only 15% of the total cards issued in India. However, as on November 30, 2020, with about 60.36 crore RuPay cards issued by nearly 1,158 banks, the market share of RuPay has increased to more than 60% of total cards issued,” the RBI said. A significant proportion of RuPay cards is in the nature of debit cards, with only 9.7 lakh credit cards issued as on November 30, 2020.

“To increase its acceptance around the world, RuPay has tied up with other payment networks like Union Pay (China), JCB (Japan), NETS (Singapore), BC Card (South Korea), Elo (Brazil) and DinaCard (Serbia), in addition to Discover and Diners Club and has thus made its presence felt across 195 countries across the globe,” the RBI said.

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RBI’s norms will enhance stability of NBFC sector: Fitch Ratings

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The proposed changes to India’s regulatory framework for non-bank financial institutions (NBFIs) recently unveiled in the Reserve Bank of India’s (RBI) discussion paper are likely to enhance the sector’s stability, according to Fitch Ratings.

The credit rating agency believes that the reforms would preserve NBFIs’ niche business models, and could improve the funding environment for some entities by strengthening investor confidence in the sector.

”For the sector as a whole, the proposed measures should strengthen governance and risk management, although we do not view these areas as major credit weaknesses for Fitch-rated Indian NBFIs. The longer-term impact of such reform would also depend on its implementation, and robust regulatory and market scrutiny will be key in holding entities to higher standards,” the agency said in a note.

Scale-based regulations

ICRA observed that larger entities face enhanced disclosure requirements, and tighter risk and capital management requirements, which would likely be credit positive, it added.

It opined that the scale-based regulations reflect calls for closer supervision of large NBFIs that have grown more systemically significant.

“We believe the moves to strengthen risk controls and frameworks should be manageable for Fitch-rated NBFIs. For example, they should already comfortably meet the suggested requirement for “Upper Layer” NBFIs, expected to include 25-30 of the largest entities including Fitch-rated names, to maintain a minimum common equity Tier 1 ratio of 9 per cent,” the agency said.

Fitch views proposals to appoint auditors by rotation, as well as requirements to disclose information such as the incidence of covenant breaches and asset quality divergence as credit positive.

Unlike banks, many NBFIs have appointed the same auditors for many years. In addition, lending to directors and senior employees would be restricted, reducing governance risks.

Core banking solution

Requirements to implement a core banking solution (credited for improving efficiency and reducing operational risks in banks) and introduce an internal capital adequacy assessment process (ICAAP) could further strengthen the framework for monitoring and managing risks.

Most large NBFIs’ systems are already integrated with banks and payment portals, and Fitch believes additional costs to meet the core banking solution requirement would be manageable. However, the measure could pose a more significant expense for mid-sized NBFIs.

For NBFIs in the Upper Layer, listing may be made mandatory. The agency opined that this would affect only a few corporate-backed NBFIs, and should not present a challenge given their parents’ experience in capital markets.

 

Real estate lending

In general, business models should not be significantly affected, but some lending activities could be curtailed by the suggested changes, especially in real estate, ICRA said.

The agency observed that the RBI is looking to restrain lending to early-stage development projects that have not yet received regulatory approval, and has proposed added internal controls for lending against land acquisition.

“Some entities have built up exposures to these risky areas in recent years, which have become a point of vulnerability for the sector. The suggested new rules could curb a further run-up in such exposures in the longer term,” the agency said.

Provisioning

Fitch is of the view that the suggested reform would also raise NBFIs’ standard provisioning requirements on commercial real estate lending, to be in line with those for banks.

Fitch-rated Indian NBFIs do not engage in real estate lending, other than IIFL Finance. However, if IIFL is placed in the Upper Layer, any added provisioning from this proposal is unlikely to be significant relative to the firm’s broader provisioning needs in light of the pandemic, the agency said.

Fitch noted that NBFIs with assets below ₹1,000 crore (around $130 million) would continue to operate under current frameworks, but additional rules aligning non-performing loan recognition and a new leverage cap of seven times would add to regulatory robustness.

The central bank further highlighted the need for a resolution framework for failing NBFIs. This would be another important element in the regulator’s financial stability toolkit.

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Depositors seek end to ATM ‘decline fee’, BFSI News, ET BFSI

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The All India Bank Depositors’ Association of India in their pre-policy meeting with RBI governor Shaktikanta Das have asked for the withdrawal of an “unjust” ‘transaction decline charge’ on debit cards.

Each time a person without adequate balance in his/her account tries to withdraw cash from an ATM or uses debit cards to make a payment, the bank penalises him/her Rs 25 plus GST as ‘transaction decline’ charge. This can be termed as the digital version of a charge for bouncing a cheque.

“Such exorbitant penalty for digitally paying consumers ‘disincentivises’ them, thereby many are moving away from digital payments. This applies more to the marginalised class of depositors who may not always have adequate funds in their accounts,” the association said in its written representation.

The body said that these charges are not only unjust but also against the principle of ‘transaction decline’ as this is not like issuing a cheque to a third-party but like a depositor walking into a branch and trying to draw cash. Also, there is no cost to the card-issuing bank in such transactions.

“The NPCI does not consider it as a transaction and hence no interchange is paid by the card-issuing bank,” the letter said. “Though, we can still understand that as a deterrent, banks charge for cheque bounce, where cheque/ECS returns involve third parties and create distrust in the payment mode. However, declined POS/ATM transactions due to insufficient balances is nowhere on a par with cheque/ECS returns. It does not involve any intent of systemic inconvenience or distrust to a third party,” the bank said.

In its representation to the RBI, the association said that prior to January 2020, SBI was charging Rs 17.7 per non-cash digital transaction for over 12 crore basic savings bank deposit accounts. “SBI has agreed to refund the exorbitant charges only for the period starting January 2020, but not prior to that. As disclosed by SBI, during FY20, SBI collected over Rs 150 crore towards service charges from such accounts,” the association said.

Another wrongful charge highlighted by the association was the one imposed by payment aggregators on consumers for making digital payments on e-commerce websites. While the merchants and the banks claimed that they were not the ones pocketing the charge, they did facilitate these charges. which were against the government mandate.

The association also urged the RBI governor not to cut interest rates as inflation has been high and oil prices were firming up.



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HDFC Bank submits plan of action to RBI, hopes to fix outage issue in 3 months, BFSI News, ET BFSI

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New Delhi: The country’s largest private sector lender HDFC Bank has submitted a detailed plan of action to the RBI to address repeated service disruption issues due to outage and hopes to improve its technology platform in three months. Progress is being made on the plan of action provided to the RBI and the bank has taken this positively as it will raise the standard, according to a senior official of HDFC Bank.

The action plan will take 10-12 weeks for implementation, and further timeframe will depend on the RBI’s inspection. Based on the satisfaction level, the regulator will lift the ban, the official said at an analysts meet.

Last month, the Reserve Bank of India (RBI) temporarily barred HDFC Bank from launching new digital banking initiatives and issuing new credit cards after taking a serious view of service outages at the lender over the last two years.

“RBI has issued an order dated December 2, 2020, to HDFC Bank Ltd with regard to certain incidents of outages in the internet banking/ mobile banking/ payment utilities of the bank over the past two years, including the recent outages in the bank’s internet banking and payment system on November 21, 2020, due to a power failure in the primary data centre,” HDFC Bank had said in a regulatory filing.

The bank has been penalised for two major outages, one in November 2018 and the other in December 2019.

Taking a stern view of the repeated outages, RBI Governor Shaktikanta had said the regulator had some concerns about certain deficiencies and it was necessary that the HDFC Bank strengthens its IT systems before expanding further.

“… we cannot have thousands and lakhs of customers who are using digital banking to be in any kind of difficulty for hours together and especially when we are ourselves giving so much emphasis on digital banking. Public confidence in digital banking has to be maintained,” Das had said in December.

HDFC Bank, the largest lender by assets in the private sector, has been classified as a systemically important entity by the RBI in the past. It is also the largest issuer of credit cards and has a significant share in the payment processing segment.

The bank is the largest issuer of credit cards and had 1.49 crore customers as of September 2020 while on the debit cards front, it had 3.38 crore customers.

Earlier, HDFC Bank’s Managing Director and Chief Executive Officer Shashidhar Jagdishan had apologised to customers and promised to work on the deficiencies.



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