RBI warns NBFCs: Will not hesitate to take supervisory action if regulations are circumvented
Summary
RBI Deputy Governor Swaminathan J said the regulator had observed that there are some misguided or intelligent interpretations in the market to circumvent regulations, “which poses a significant threat to the integrity of the financial system.”
The Reserve Bank of India (RBI) has cautioned non-bank financial companies (NBFCs) that any “misguided or intelligent interpretation” of regulations to circumvent rules to their advantage will invite appropriate action against such entities.
Speaking at a conference of heads of assurance of NBFCs in Mumbai this week, RBI Deputy Governor Swaminathan J said the regulator had observed that there are some misguided or intelligent interpretations in the market to circumvent regulations, “which poses a significant threat to the integrity of the financial system.”
The comments assume significance amid the recent regulatory action against NBFCs such as IIFL Finance and JM Financial for various regulatory lapses, leading to RBI imposing strict business restrictions on the entities.
“When individuals or regulated entities start interpreting regulations to their advantage or for their gain, it undermines the effectiveness of regulatory frameworks and compromises the stability and fairness of the market…RBI’s supervision will review the substance of such transactions over their legal form.
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Should we encounter instances of such circumvention of regulations, we will not hesitate to initiate appropriate supervisory action, as has been demonstrated in some of our recent actions,” Swaminathan J told the gathering of heads of assurance functions of NBFCs.
“Assurance endeavours, especially internal audit and compliance should transcend mere box-ticking exercises and delve into addressing root causes of the issue,” the Deputy Governor said.
Acknowledging the growing importance of NBFCs in the system, Deputy Governor Swaminathan J said while NBFCs have embraced technology in a big way to expedite and streamline their reach and credit delivery process, added “This has also brought certain systemic risk, complexity and interconnectedness, which is the reason as to why the Reserve Bank has of late been engaging with this sector more often than before.”
Among three key risks for the NBFCs, Deputy Governor Swaminathan J pointed to cybersecurity and operational risks, especially the threat of data breaches and unauthorized access to sensitive information, as well as other forms of cyberattacks, including malware infections, phishing scams, and ransomware attacks.
“Many NBFCs are increasingly turning to rule-based credit engines to accelerate the growth of their lending portfolios. While automation can enhance efficiency and scalability, NBFCs should not allow themselves to be blinded by these models.
It is crucial to recognise that rule-based credit engines are only as effective as the data and criteria upon which they are built. Overreliance on historical data or algorithms may lead to oversights or inaccuracies in credit assessment, particularly in dynamic or evolving market conditions,” the Deputy Governor warned.
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The Reserve Bank of India has on multiple occasions pointed to risks from the unusually high growth in the unsecured retail segment, and even raised risk weights for lending to the segment in a bid to slow down its pace of growth.
“There appears to be a fancy among most NBFCs to do more of the same thing, such as retail unsecured lending, top-up loans or capital market funding. Over-reliance on such products may bring grief at some point in time later. It is also observed that the risk limits that are fixed for certain categories of products or segments say unsecured lending, in some entities, are way too high to be sustainable in the long run. I hope risk managers make a professional assessment of such risks that may be building up in their books,” the deputy governor reiterated.
He added, that amidst the escalating complexity of risks, it was disconcerting to note that NBFCs have the lowest average number of compliance staff relative to their size compared to other sectors like commercial and cooperative banks.
“Despite regulatory measures aimed at ensuring the autonomy of these functions, it is disheartening to encounter instances where heads of assurance functions are given junior positions within the hierarchy or there is a lack of direct access to the board…Such practices undermine the effectiveness and independence of assurance functions, potentially exposing NBFCs to heightened risks, thereby attracting enhanced regulatory scrutiny,” he said.
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Alluding to instances of unfair practices in charging of interest by some financial entities, Swaminathan J said transparency in pricing is essential to build trust and confidence amongst customers, warning NBFCs that “excessive rates will invite supervisory scrutiny.”
“During our onsite examinations last year, we identified instances of unfair practices in charging of interest by many entities. These include charging interest from the date of loan sanction or agreement execution rather than from the actual disbursement of the loan, charging interest from the date of the cheque for loans disbursed through cheques, despite handing over the cheque to customers much later, and levying interest for the entire month instead of the period for which the loan was actually outstanding. Additionally, some NBFCs collected advance instalments but calculated interest based on the full loan amount,” he said.
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