Simsree Arthneeti March 2013

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EDITORIAL

SPECIAL FEATURE: An Interview with Mr. Gajendra Kothari, MD and CEO, Etica Wealth Management

Infrastructure Financing By Mr. Vishal Bhambhani, Alumni SIMSREE

Banking Licenses for the NBFCs: A Necessary Evil? By Hitesh Rohira, SIMSREE

Financial Sector Legislative Reforms Commission By SIMSREE FINANCE FORUM

With the passing of Banking Laws (Amendment) Bill, the RBI has got the power to issue new banking licenses in order to encourage financial inclusion as well as allow for more penetration of banking services to the public. This move is seen as a game changer in the banking sector with India’s largest business houses as well as NBFCs set to apply for new licenses. But, along with this development comes a greater responsibility for RBI to check the credibility and usage of funds by license nominees in order to regulate the function of new banks so that they do not deploy funds to risky assets or for personal business interests. Another important topic covered in this issue is ‘Infrastructure Financing’. Infrastructure creation is seen as one of the main growth drivers in times of slump in growth and financing is the way with the help of which we can create better infrastructure and hence contribute better for the prosperity of our developing economy. In this issue, we have an article on “Infrastructure Financing” by Mr. Vishal Bhambhani, who is an Associate at Infrastructure Solutions Group at Centrum Capital Ltd. and our illustrious alumni. Also, as part of our forum activity we have an article on “Banking Licenses for NBFCs: A necessary evil?” written by Hitesh Rohira from SIMSREE. Finally we have an article from our team on Financial Sector Legislative Reforms Commission(FSLRC). Happy Reading!

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Interview: Mr. Gajendra Kothari, CEO and MD, Etica Wealth Management

1. What are the general roles of wealth

manager for any queries regarding the

management industry and what is your

investments that people have to make. But

take on the current wealth management

now with the advent of technology and

industry?

rapid growth in the economy and with the increase in the income levels of the people

Ans. Wealth management industry is a tiny

,banks now have multiple desks in their

industry currently in India. It has not

branches for the different types of savings

expanded to the scale to which it has grown

account they need to have. Agents are also

in the developed markets. People generally

responsible for the spreading awareness

have small savings with them and they like

amongst the people regarding their savings

to invest in gold. People also invest in real

and investments. Industry in recent times

estate properties but that is limited to a

has become a lot more complex and

very small percentage of people .Wealth

dynamic. Previously one was able to

management awareness exists amongst

guarantee a fixed percentage of return on

such small percentage of people. People

the investments made but no more is the

also use LIC schemes for tax savings but

same scenario. One cannot guarantee a

people think that they are a kind of forced

fixed percentage of return .Indian industry

savings as they view LIC policies as a source to

save

their

tax.

Gradually

is a sunrise industry with a tremendous

after

potential for growth to tap large untapped

liberalization, foreign banks have entered

markets.

India bringing in their best practices. Public Sector Banks (PSB) initially used to have only a single point of contact like the

3


2. What is your take on the Financial

people

awareness amongst the people in the tier2

investments.

and lower tier cities and how do you think

fledged advisors rather than just Life

cities and around 30-35 % people are

insurance agents as it will help to spread

financially literate in metros like Mumbai,

the financial awareness more quickly and

so a lot more needs to be done in order to

easily and also broaden their thinking .RBI is

increase awareness amongst the people.

also using retired bankers and teachers to

Even in a metro like Mumbai which is the

spread financial awareness which is a very

financial hub of India, a lot more potential is growth

of

and

Ans. The agents can be thought to be a full

financially literate in the tier2 and lower tier

the

savings

about financial planning?

Ans. Only around 10 % people are

for

their

3. Can agents be used to spread awareness

financial awareness could be spread?

there

regarding

good initiative.

wealth

management industry because of the lack

4. What is the time horizon for investing in

of financial literacy amongst the people.

mutual funds?

The other difference between the people in

Ans. First of all a mutual fund should not be

the metros and the smaller cities is that the

bought randomly just for the sake of

people in the metro don’t have time which

making quick money. Some basic things

they can spend to make themselves learn

which they need to keep in mind before

the basics of financial investment while the

investing is that they need to know for what

people in the smaller towns and cities do

they are investing, how much money they

get time to learn these basics more thing

are investing, what is their financial goal for

that can be done is to teach normal

which they are investing, what is the time

economic terms in an engaging manner in

period over which they would like to get the

the schools to spread awareness amongst

desired return. They need to keep in mind the financial goal they have and the not

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kind of returns that they will get in short

illiquid asset which doesn’t pump in the

term.

money into the economy.

5. How to woo investors to save money in

8. What is your take on the Rajiv Gandhi

Mutual Funds?

mutual Fund scheme?

Ans. One can show them a comparative

Ans. It is a good initiative but gain too many

analysis about the performance of various

complexities will hamper the scheme. It is a

mutual fund providers and the rate of

separate scheme

return that they get over a period. They

additional 50000 rupees apart from 1 lakh

need be taught that if one puts money in

rupees under

saving schemes and if inflation is more than

drawback is that only new investors are

savings rate then there is no point in

allowed who haven’t yet opened any demat

putting money in savings scheme.

account so the scope of existing investors

where one can save

80C.But again the major

investing is closed down.

6. Why don’t people invest in real estate?

9. Why are the ETF schemes not working?

Ans. The main reason is the huge sum of money required to but a property which

Ans. They are very specialized schemes.

majority of the people can’t afford.

People in general aren’t aware of the plain vanilla products being offered so the scope

7. How to bring money into the equity

of

market rather than gold?

development

of

ETF

schemes

automatically reduces .Majority of the

Ans. To create a separate vehicle for

people do not have demat accounts which

equities because if money flows into equity

is pre-requisite for ETFs.Unlike ETfs gold

then it is the main source of financing for

and FDs are very easy to understand

many industries which plays a part in the

products

development of an economy .People can be

understand and invest in.

wooed by providing tax benefits on the money they put into equities .Gold is an

5

which

even

a

layman

can


10. What is your take on budget w.r.t. investments?

FIN-QUIZ

Ans. No changes as such have been made in

1. A US denominated bond that is publicly issued in US

this budget to make the investments lucrative.

2. Foreign exchange contracts which provide for settlement on the 1st working day after the contract day

“One more important thing that people need to remember is that Insurance and savings should be considered two separate things because Insurance should be taken solely by perspective of insuring one’s life so that the family also gets financially covered “

3. In what denominations can a commercial paper be issued in India 4. Which sister organization of the World Bank helps private activity in developing countries by financing projects with long-term capital in the form of equity and loans? 5. New industries that are coming up and which are going to play an important role in the country’s economy December Issue Answers: 1. Luca Pacioli 2. "Big Board" or "The Exchange" 3. zero 4. Economy 5. Tarini Vaidya of KBC Bank India & South Asia 6


Infrastructure Financing - India -

By Mr. Vishal Bhambhani, Alumni

Infrastructure – an asset class comprises of: 

Power

generation,

transmission

As

Development

of

Roads,

bridges,

class,

Building infrastructure is a capital-

intensive process, with large initial costs

Airport and seaport development

Railway

tracks,

signaling

and low operating costs. 

system,

It requires long term finance as the

gestation period is often much longer than

stations

say a manufacturing plant

Telephone lines, telecommunications

network 

asset

Basic Characteristics:

runways

investment

“infrastructure” has the following:

&

distribution 

an

These projects are characterized by

non-recourse or limited-recourse financing;

Pipelines for water, crude oil, slurry,

i.e. lenders can only be repaid from the

waterways

revenues generated from the project

Canal networks for irrigation, sanitation

or sewerage

Market and commercial risks related to

uncertainty of demand (traffic) forecasts are of greater importance

Out of the above, power, roads, seaports & airports form a major chunk of required

/envisaged investment (public and private)

nature of most projects and interface with

w.r.t physical infrastructure development.

regulators and Govt. agencies

7

Have unique risks of public interest


Developer/Promoter’s

In some cases, projects have significant

(Shareholders): To maximize ROE and

externalities wherein the social returns 

minimize the payback period of the equity

exceed the private returns – which in

investment.

turn calls for some form of subsidization like 

perspective

Lender’s

Viability Gap Funding, Govt. guarantees,

perspective:

Financial

viable

project with scheduled repayment(s) of

grants, etc

loan and visibility of future cash flows with

Funding of an infrastructure project takes

maximum certainty

place with an objective of:

Authority’s

perspective:

“Financing a single purpose capital asset

implementation

of

within

maximum utility to the users of the

a

Legally

independent

project

company (SPV) usually with a limited life”

the

Timely

project

with

infrastructure at minimum cost to the exchequer.

Structure of Infra – financing:(Diagram on next page)

Purchaser/Customer’s

perspective:

Availability of better quality infrastructure

Project Financing is an option granted by

at affordable cost.

the financier- exercisable when an entity demonstrates that it can generate cash

The satisfactory combination of the above 4

flows in accordance with long term

stakeholders

forecasts. The assets, rights and interests of

practically unattainable solution but has to

the development are usually structured into

be dealt with in a non-orthodox way by

a special – purpose vehicle (SPV) and are

safeguarding each stakeholder’s interests –

legally

secured

collateral.

A

to

the

typical

leads

to

a

somewhat

financiers

as

which calls for usage of innovative financial

example

of

products or in simple terms – Financial

arrangements made by a SPV of an

Engineering

infrastructure project is shown below:

8


Infrastructure Finance – Indian scenario:

India's over dependence on road freight means that logistic cost as a percentage of

India is among the top 3 fastest growing

GDP is as high as 13%-14% compared to

economies in the world; however, the GDP growth

is

constrained

by

lack

7%-8% in developed countries and 9%-10%

of

in other BRIC countries

infrastructure development in the country which is evident from the fact that:

India’s industries suffer from chronic power

(Source: World Economic Forum’s Global Competitiveness Index)

India ranks 91st in the world in availability of

cuts; exports are delayed because of poor

overall quality of infrastructure.

roads and congested ports. Office-goers

India's logistic cost as a percentage of

spend hours stuck in traffic; villagers get

the GDP is unusually high - double that of

electricity for only 6 to 8 hours a day.

developed

Economists estimate that ~ 2 % of GDP is

countries

and

substantially

lost owing to poor infrastructure.

higher than BRIC countries

9


Considering all of the above: 

Private avenues

India’s growing economy is placing huge

demands

on

development

of

for

avenues:

projects

Funding

comprise

of

commercial banks, NBFCs, Insurance Co’s,

critical

ECBs, Equity (including FDI), Debt Funds,

infrastructure – power, roads, railways,

private equity, ECBs, etc.

ports, transportation systems, and water

However, structural and regulatory barriers

supply and sanitation 

investment

that impede the flow of domestic capital

If steps are taken in right direction, it

into infrastructure are:

will put the ball rolling for even higher GDP growth and a more prosperous economy in

the near future (5-7 years)

limits of banks

This subsequently would lead to higher

Asset – Liability mismatch and exposure

High pre-emption of funds from the

demand of capital to fund these projects

banking system

While the government has raised its

investments

savings mobilizers – namely Insurance co’s,

in

infrastructure,

the

investment gap remains daunting with an

Investment restrictions on long-term

pension & provident funds

estimated $1 trillion required to meet the

country’s resource needs over the next five

The shallowness of India’s corporate

bond market

years. Investment in infrastructure has made significant strides, from 5 % of GDP a decade ago to a projected 10 % of GDP during the Twelfth Plan (2012-2017) As

Constrained supply of ECBs

Takeout financing offers a window to

the banks to free their balance sheet from

seen above, financing of this type of

exposure to infrastructure loans, lend to

investment in infrastructure would require

new projects and also enable better

large outlay from the private sector

10


management of the asset liability position.

This is the first and foremost thing to be

However the mechanism has not really

done for financing infrastructure in a

emerged as a game-changer as it does not

sustainable manner. This will lead to

envisage equitable distribution of risks and

sustainable development of infrastructure

benefits.

without jeopardizing the soundness of the financial sector. Project appraisal and

Financiers will now need to take on this

follow-up capabilities of many banks,

new challenge of how to structure their

particularly public sector banks, also need

business model(s) to build a high-return business

in

financing

focused attention and upgradation so that

infrastructure

project viability can be properly evaluated

projects. Infrastructure projects need many

and risk mitigants are provided where

financial products and services beyond debt

needed.

and equity capital



What can be done to boost availability of

Participation

of

State

Governments

capital?

In a federal country like India, participation

The bank-dominated financial system has

and support of the State governments is

been able to step up and meet the needs of

essential

the first wave of private investment in infrastructure.

Going

magnitude

required

of

forward,

for

developing

high

quality

infrastructure. Thus greater participation

the

from states is the call now. This would lead

infrastructure

to progress of states along with the country.

funding is huge and shall require the



following: 

Greater

Improving efficiency of the Corporate

Bond Market

Making the Infrastructure Project(s)

Commercially Viable

The bond market is not that vibrant now.

11




A vibrant corporate bond market will reduce the dependence on the banking

One of the major obstacles in attracting

sector for funds. It is important to broad

foreign debt capital for infrastructure is the

base the investor base by bringing in new classes

of

institutional

investors

Credit Enhancement

sovereign credit rating ceiling. Domestic

(like

investors are also inhibited due to high level of credit risk perception, particularly in the absence of sound bankruptcy framework. A credit

enhancement

mechanism

can

possibly bridge the rating cap between the investment norms, risk perceptions and actual ratings. 

Simplification of Procedures – Enabling

Single Window Clearance It is well recognized that while funding is insurance

companies,

pension

funds,

the

provident funds, etc.) apart from banks into

major

problem for

infrastructure

financing, there are other issues which

this market. As of now, the insurance and

aggravate the problems of raising funds.

pension funds are legally required to invest

These include legal disputes regarding land

a substantial proportion of their funds in

acquisition,

Government Securities. These investment

delay

in

getting

other

clearances (leading to time and cost

requirements limit their ability to invest in

overruns) and linkages (e.g. coal, power,

infrastructure bonds. Further, they can only

water, etc.) among others. It is felt that in

invest in a blue chip stock, which is also

respect of mega-projects, beyond certain

acting as a limiting factor since most of the

cut-off point, single window clearance

SPVs created for infrastructure funding are

approach

unlisted entities.

could

cut

down

the

implementation period. Moreover, we also

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need to develop new financial markets for

example than China, which has built

municipal bonds to enable infrastructure

infrastructure at a spectacular pace. As a

financing at the grass root levels. We need

result—since the Eighties—it has seen

to create depth, liquidity and vibrancy in

double digit growth and defied the boom

the G-Sec and corporate bond market so as

bust theory of economic cycles.

to enable rising of finance and reduce dependence on the banking system. At the same time, there is a need to widen our investor base and offer adequate risk

“Solving the critical issues with regards to financing will greatly facilitate flow of funds to the projects and help in maintaining asset quality to the comfort of the lenders and other stakeholders. Accelerated infrastructure investments will not only debottleneck the system, it will also create its own demand.“

mitigating financial products, such as, Credit Default Swaps (CDS). A vibrant G-Sec market would facilitate growth of the corporate debt market thereby enabling fund flow through alternate means apart from banks Way Forward: Once we solve the peripheral but critical issues with regards to financing, it will greatly facilitate flow of funds to the projects and help in maintaining asset quality to the comfort of the lenders and other

stakeholders.

Accelerated

infrastructure investments will not only debottleneck the system, it will also create its own demand. There can’t be a better

13


Banking Licenses for the NBFCs: A Necessary Evil?

-

By Hitesh Rohira – SIMSREE

Introduction

decision and implementation up till 2013 after the idea was conceived in 2010.

Banking industry is the backbone of any economy and hence has always attracted

Need and Initial Steps

the attention of policy makers, industrialists

A large part of the sector is government-

as well as of academicians. It acts a catalyst

owned since most major banks were

to build the economy. Historically, banking

nationalized in 1969. But a significant jump

industry in India has been dominated by a

in coverage means large investments and

handful of industrialist, who exploited it for

the government doesn't have the money.

their personal benefits. Post independence

Already the investments in infrastructure

Government has tried to increase the reach of

banks

through

measures

planned for 12th 5yr plan would be a big

like

task as it would call for raising the spending

nationalization initially and later on through

on infrastructure to 7-8 per cent of GDP

liberalization but unfortunately banking

from the present level of 2-3 per cent. But

industry has remained concentrated only in

financial inclusion and competitive banking

urban areas leaving poor people outside the system.

More

than

40%

of

are also important. Hence they considered

Indian

opening up

population does not have access to the

the

banking

system

for

industrial houses and NBFCs and go for new

banking system. So there was a need to

banking licenses after last issued license of

consider issuing new banking licenses for

Yes Bank (2004).

NBFCs and corporate houses. Will it be really beneficial without any side-effects or

UPA government in its election manifesto

it’s a necessary evil which is being

has promised to increase the pace of

implemented even after knowing the side

financial inclusion and since then has taken

effects? This question has delayed the final

measures like Unique Identification Number

14


(UID) initiative, which would do away with

Major

the hassles of KYC (Know Your Customers)

Disallowing Industry houses to run banking

norms. The RBI's major objection was that it

services are:

didn't have enough powers to regulate the

considerations

for

Allowing/

Advantages:

new banks. The agency could remove an errant director, but if an entire bank board

connived in a fraud, it was helpless. But, the

loans sanctioned to the existing customers,

Banking Laws (Amendment) Bill, which gives

vendors,

the RBI more power, has been cleared by

industrial unit are processed 40-45% times

the Lok Sabha in December 2012, as a part

faster than those done by the banks due to

of the government's new reforms package

quicker due-diligence of the clients through

which has arrived with 2014 elections in

already available data.

mind. RBI has also taken a crucial step to

achieve this objective. It intends to provide

Faster-Processing: As per a research

dealers-distributors

Knowledge-Transfer:

The

of

the

existing

industrial houses can also extend the

an opportunity to not only the NBFC’s but

management

also, for very first time to the industrial

expertise

and

strategic

direction of their existing NBFC experience

houses to participate in financial inclusion

to the affiliated banks.

by expanding banking net to the lower 

strata of our society.

having certain percent of branches in RBI has been extremely cautious, taking

unbanked rural areas would serve for

more than 2 years in carving out the guidelines

and

clarifications

making

which

betterment of Rural India and help in

corrections,

would

Financial Inclusion: The compulsion of

Financial Inclusion and thus contribute to

provide

the economy more effectively.

directions for selection or rejection of a particular private player for assigning

banking license.

This would improve the quality of financial

Competitive ‘Financial Services’ Sector:

services as there would be more

15


competition among the new and old

Cautious implementation amidst mixed

players.

reaction:

Also

this

would

increase

employment and reduce costs of service to

According to the joint IMF-World Bank

some extent.

Financial Stability Assessment Program

Disadvantages: 

(FSAP) for India, the risks in the current context

Self Dealing: ‘Self-dealing’ means that

reforms. Also market sentiments show

bank affiliated to a commercial firm may

positive response.

deny loans to its competitors.

RBI policy on banks acknowledges these

Connected Lending: Also, the risk of companies

risks and aims to address them through

or

several prudent means with NOHC being an

suppliers within the group cannot be ruled

important one of them. It has already

out. Such rotation of funds among related

opened application for licenses which has

parties can make it difficult for the regulator

to

trace

the

sources

may

next to US and Japan by 2025 with such

interests. There exists a possibility that a

to

licenses

Banking Sector to be third largest i.e. only

purposes not considering the depositors’

lending

bank

Boston Consulting Group expects Indian

the bank can route funds to its own

connected

new

outweigh the benefits. On the other hand,

the parent industrial company that set up

for

to be done before 1st July 2013 and the

and

applicants would be listed on RBI’s website

utilization of funds.

for transparency. Applications will be

Conflict of Interest: The industrial houses

screened by RBI and referred to a high level

might take undue advantage to maximize

advisory committee. Tata, Birla, Reliance

their

various

and Mahindra Groups might be the big

instruments, especially when they are

conglomerates who would want a piece of

catering to uneducated people from rural

action.

areas.

Microfinance, LIC and IDFC.

profits

while

selling

16

Others

include

L&T,

SKS


The following are the major guidelines

there is always a risk of an early wiping off

issued by RBI (as quoted since August 2011

of the initial capital. Such small scale banks

to March 2013) for new banking licenses

would also not be able to invest in

followed by the rationale for each:

technology. While a low minimum capital



requirement has these disadvantages, a

It is proposed that the initial minimum

very high minimum cap requirement (say

paid-up capital for a new bank shall be Rs

1000 crore) would evince only those with

500 crore and that a wholly-owned non-

high funds. Such entities would be profit

operative holding company (NOHC) will

oriented and could divert funds to big-ticket

hold the existing businesses and the newly

corporate thereby diluting the purpose of

created bank within itself. Only the nonfinancial

companies

can

have

financial inclusion. Thus the requirement of

a

high enough entry capital can be fulfilled

shareholding in the NOHC. The NOFHC and

only by entities with large surplus of funds

the bank shall not have any exposure to the

that are readily available with the industrial

Promoter Group. The bank shall not invest

houses. It could also act as contingent

in the equity / debt capital instruments of

capital for banks in case of financial shocks.

any financial entities held by the NOFHC.

The creation of an NOHC would enable in

The minimum capital requirement of 500

separating the activities of each of the

crore is laid down such that the capital

subsidiary companies from another and

requirement is not significantly high or not meager.

help in greater regulation by separate

A very low minimum capital

regulators in each of the segmented

requirement (of 200 crore) could attract

spheres. The NOHC will only act as a vehicle

non-serious entities without inadequate

to hold the investments on behalf of the

financial resources to seek for licenses. In such

small scale

promoter/promoter group and will not be

entities, operational

allowed to accept deposits. NOFHC should

inefficiencies may exist as they cannot take

hold a minimum of 40 per cent of the equity

advantage of economies of scale. Further,

capital of the bank with a lock-in period

17


of five years. Later, it has to be brought

released recently. It also allowed public

down to 15 percent within 12 year from

sector entities to apply for the license. But

that onwards. Further, 50 per cent of

winning a license may be tougher for

directors (increased to a majority in some

broking and real estate companies as the

cases)

the

central bank has stipulated that bank

promoter; and the bank, group entities,

promoters’ business culture should not be

non-operating holding company, and the

misaligned with the banking model.

must

be

independent

of

promoter would be subject to RBI’s

consolidated supervision. 

Groups with diversified ownership,

sound credentials and integrity that have a

Excepting promoters/promoter groups

successful track record for at least 10 years

that generate more than 10% of revenues or

shall be eligible to promote banks and RBI

have 10% of assets in real estate or broking

may seek feedback on applicants from

services, all private sector players are

other regulators and agencies like Income

eligible to promote banks. The exposure of

Tax, CBI, Enforcement Directorate, etc.

the bank to any entity in the promoter

This

group shall not exceed 10 per cent and the

rule

out

the

first-generation

entrepreneurs setting up a new bank. Also

aggregate exposure to all the entities in the

this would ensure that only financially

group shall not exceed 20 per cent of the

strong companies or groups go for new

paid-up capital and reserves of the bank.

banks.

A clear NO to the businesses in broking

services which comes as lessons from

The newly formed banks must have 25 %

of their branches in unbanked rural areas.

international experience was also suggested by RBI in 2011 owing to the recent financial

The

crises. However, after consultation with the

condition of having 25% of its branches in

finance

unbanked rural areas with population up to

ministry,

RBI

removed

this

banking

regulator put

a

stricter

9,999. Many believe, for a new banking

condition in 2013 in the final guidelines

18


entity, it will be stumbling block as the brick

would help in achieving financial inclusion

and mortar model especially in rural areas

in the long term.

take time to turn profitable. In line with

References:

existing domestic norms, the new bank should also achieve priority sector lending

1. www.rbi.org.in/

target of 40%. Interestingly, most of the

2. www.moneycontrol.com

existing banks are failing to meet the target.

3. www.bseindia.com

But, this is to ensure financial inclusion

4. www.economictimes.indiatimes.co m/

which is the most important criteria for evaluating the applicants for licenses

5. www.financialexpress.com

according to Governor of RBI.

6. http://knowledge.wharton.upenn.e



du/india/ Other important guidelines:

7. http://www.business-

- New banks to get listed within 3 years of

standard.com/article/finance/nod-

business.

to-realtors-and-brokerages-if-fitand-proper-chakrabarty-

- FDI is capped at 49% for the first five years

113022600275_1.html

after which it can extend as per policy

8. http://www.thehindubusinessline.c

norms.

om/industry-and-

Conclusion

economy/banking/new-banklicences-risks-outweigh-benefits-in-

With the advantages and disadvantages

current-context/article4313334.ece

known, acknowledging them RBI is taking

9. http://www.livemint.com

cautious steps in issuing new bank licenses with prudent guidelines. So the net effect will mostly be positive. It will infuse greater competition and thus efficiency in the sector and perhaps a little volatility. But it

19


Financial Sector Legislative Reforms Commission - By SIMSREE Finance Forum The Financial Sector Legislative Reforms Commission

was

setup

post

the contemporary requirements of the

the

sector. Over the years, as the economy and

announcement by Hon. Pranab Mukharjee

the financial system have grown in size and

during the 2011-12 budget. It was setup to

sophistication, an increasing gap has come

help rewriting and harmonizing of the financial

sector

legislation,

rules

about between the requirements of the

and

country

regulations so as to address the immediate

regulatory

and future requirements of the sector. The

present

include

legal

and

Unintended

regulatory

gaps,

overlaps, inconsistencies and regulatory

Justice (Retired) B. N. Srikrishna, and had

arbitrage.

ten members with expertise in the fields of

The

fragmented

regulatory

architecture has led to a loss of scale and

finance, economics, law and other relevant

scope that could be available from a

fields. published

the

arrangements.

consequences

Commission was chaired by Supreme Court

It

and

seamless financial market with all its its

report

and

attendant

has

benefits

of

minimizing

the

recommended a series of changes in the

intermediation cost. The remit of the

entire financial; regulatory and legislative;

Commission is to comprehensively review

setup. According to the report: The setting

and redraft the legislations governing

up of the Commission was the result of a

India’s financial system, in order to evolve a

felt need that the legal and institutional

common set of principles for governance of

structures of the financial sector in India

financial sector regulatory institutions.

need to be reviewed and recast in tune with

20


At present the financial market is regulated

When a regulator focuses on one sector,

by RBI, SEBI, IRDA, PFRDA and FMC which

certain

have evolved over the years. The present

administration tend to arise. Assisted by

arrangement has gaps for which no

lobbying of financial firms, the regulator

regulator is in charge – such as the diverse

tends to share the aspirations of the

kinds of ponzi schemes that periodically

regulated financial firms, such as low

surface in India, which are not regulated by

competition,

any of the existing agencies. It also contains

innovation

in

overlaps

profitability,

and

where

conflicts

between

unique

problems

of

preventing

public

financial

other

sectors,

high

high

growth.

These

regulators have consumed the energy of

objectives often conflict with the core

top economic policy makers and held back

economic goals of financial regulation such

market development. This causes a great

as

deal of difficulty in getting issues resolved

resolution. Reflecting these difficulties, the

and the solutions to problem get prolonged.

present

Various examples are present for instance,

architecture has, over the years, been

ULIP scheme, the aggrieved consumer was

universally

being subjected under the jurisdiction turfs

committee reports. The Commission has

between SEBI and IRDA. This kind of egoistic

analyzed the recommendations for reform

tendency would be eliminated if a common

of financial regulatory architecture of all

grievance redressal system is erected.

these

consumer

protection

Indian

financial

criticized

expert

by

committee

and

swift

regulatory

all

expert

reports

and

weighed the arguments presented by each of them. Architecture of the Regulator As per FSLRC’s recommendations, the current list of regulators would be replaced by a horizontal structure whereby the basic

21


regulatory and monitoring functions of all areas would be done by a Unified Financial Agency (UFA) while RBI takes care of banking

and

monetary

policies.

All

consumer complaints will be handled by a Financial Redressal Agency (FRA) and there will be a single tribunal, the Financial Sector Appellate Tribunal (FSAT) which will hear The following table gives an idea about the

appeals regarding the entire sector. This new

horizontal

structure

serves

present and proposed structure of the

the

regulator.

interests of the consumers of financial services much better. Apart from this a

PRESENT

PROPOSED

1. RBI

1. RBI

separate agency would be formed for the purpose of deciding on bank interest rates.

2. SEBI

The commission feels that this structure will reduce the complexities both for consumers and

investors

thus

avoiding

all

3.

the

FMC

(Forward

Markets Commission)

complications like conflicts between two 4.

regulators and others which make it difficult

in

(Insurance Financial and Authority)

Regulatory

for foreign investors to carry out their businesses

IRDA

2. UFA (Unified

Development Authority)

India.

5. PFRDA (Pension Fund Regulatory

and

Development Authority) 6.

SAT

(Securities 3. FSAT (Financial

Appellate Tribunal)

Sector Tribunal

22

Appellate


7.

DICGC

Insurance

(Deposit 4. and

Resolution

of RBI and SEBI. They are not accountable

Credit Corporation

Guarantee Corporation)

to government or court and neither to public. No one could question them even if

5. FRA (Financial

their targets are not achieved. However

Redressal Agency)

when the recommendation of FSLRC are 6. PDMA (Public

implemented there would be certain

Debt Management

objectives which the RBI is bound to

Agency)

achieve and certain rules by which it can 8. FSDC (Financial Stability and Dvlpmt Council)

take decisions. The decision could be challenged in tribunals if found to be faulty. This

Advantages of having a unified regulator 

Accountability

and

is

creates

a

mechanism

of

accountability by creating proper checks and balances. So a written framework

Consumer

friendliness: There can be cases where the

which

bridges the accountability and

consumer is being subjected to the

Independence is welcome.

jurisdiction of more than two regulators. In



Separating complaints and regulators:

such cases there is always an ego problem between the regulators and hence it is the

In the new proposal consumer complaints

consumer who suffers because of delayed

will be separated from the regulator. This is

redressal of complaints.

important

because

certain

classes

of

consumer complaints are full of mistakes or 

Creating checks on the regulators: The

oversights by the regulator at their root.

commission also provides for a written legal

Recognizing

framework i.e. rule of law in decisions of

this

root

cause

means

admitting to its own flaw, something that is

RBI and other regulators. At present there is

hard for any organization. If there is a

little scope to challenge the policy decisions

separate complaints redressal authority

23


then such mistakes can be easily identified

Disadvantages of a unified regulator

and corrected. 

Splitting NBFCs from the RBI’s ambit:

Practical implementation: Just merging

existing setups under a single banner may look good on paper but may not actually

At present we have a clumsy system for

eliminate the regulatory complexities. Its

governing NBFCs where often regulatory

practical execution will be quite difficult.

differences arise among RBI, SEBI and NHB.

SEBI, IRDA, FMC and PFRDA etc could easily

There are some NBFCs which take deposits

continue operating as isolated departments

while others don’t. The committee has

of a nominally unified financial regulator.

proposed a concrete split i.e. banking and payments with RBI while rest of the areas

lies with UFA. So the NBFCs taking deposits

remain: Banks sometimes take advantage

comes under the purview of RBI and rest of

of the customer’s trust to sell a variety of

them goes with UFA.

other products which the customer might not

Distributing the power to make decisions

Cross-selling menace of the banks to

require

or

afford.

Mostly

rural

housewives and old aged pensioners fall

for monetary policy: Monetary policy

prey to this as they are not so financially

commission will be consisting 7 members

literate. RBI should see that in the name of

where 5 members would be nominated by

increasing business and profit the private

the government, out of five nominated

banks are creating barriers for common

members 2 members will be appointed in

people by asking high minimum balance

consultation with RBI and 3 members at

and charging exorbitant amount in case of

government’s discretion. The advantage is

fall in minimum balance leading to closure

that a committee of experts would be in a

of many accounts. The proposal by the

better position to take such decisions than a

commission is silent on this topic. Thus

single official. After all, collective decision-

before going forward it should be made

making is generally viewed as reducing the

sure that people are not at loss.

probability of error.

24




Increased government control over the

The RBI will be given specific targets which

regulators: At present the RBI and other

it has to attain within a specified frame of

regulators

the

time. These objectives and targets will be

government and their decisions are not

failure standards by which the central bank

influenced by the government. However the

will be measured. Such a thing can put RBI

new proposal will increase the government

under a lot of pressure and can affect its

control over the decision making. Especially

working. However until and unless it is

in case of the monetary policy decisions,

known what are these targets? Is there a

the seven member team will have 5

possibility of assigning weights to these

members nominated by the government

targets at different circumstances? All these

who might be influenced by government

are important part.

are

independent

of

officials to alter or even change the

The possibility of RBI meeting inflation and

decisions.

growth targets in India where much power is held by the government is very less. The

Impact on the powers of RBI: 

FSLRC suggests around 5 odd reforms and it

Presently the finance ministry makes

has to be decided whether all of them have

rules regarding FDI but the rules regarding FIIs,

External

Commercial

to be implemented at the same time or in a

Borrowings

particular sequence. These are analytical

(ECBs), forex loans and fund inflows from

questions which need to be answered

NRIs are made by the RBI. However once

before

the recommendations are accepted these

the

recommendations

can

be

implemented.

powers will no more be with the RBI. This can create a problem especially in a

Thus on the whole the reforms are a step in

situation when the current account deficit

the right direction but its implementation

(CAD) is burgeoning.

and effectiveness still remain a challenge.

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SIMSREE Sydenham Institute of Management Studies Research & Entrepreneurship Education (SIMSREE) was founded in the year 1983 by Government of Maharashtra. Since then, SIMSREE has been continuously ranked as one of the Premier Institutes of our country, and it attracts the finest management minds from India. SIMSREE has been consistently ranked among Top 20 Business Schools in India. CRISIL has recently rated SIMSREE with A*** at state level (Maharashtra) and A** at National level. SIMSREE Finance Forum SFF is a student body that strives to assist the students in the development of financial acumen through collective effort. The Forum aims to bridge the gap between students and corporate leaders through various Interactive Sessions on a regular basis. Various Programs & Events form part of our Forums initiatives to provide the students with a multitude of opportunities. SIMSREE B Road, Churchgate Mumbai 400 020, India simsreefinanceforum@gmail.com Blog: http://simsreefinanceforum.blogspot.in/

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