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BFSI Chronicle, 2 Annual Issue, 10  Edition July 2022
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                                       th
        The Insolvency and Bankruptcy Code (IBC)  are already seeing improvement of consumer
        was introduced with the aim of resolution and  sentiment  and  optimism  aiding  economic
        reorganization of insolvent companies, while  recovery across the world.
        ARCs are set up for clearing up NPAs. ARCs
        primarily deal with recovery, while the IBC   b) Scale Based Regulatory Framework
                                                     These guidelines shall be effective from
        seeks for a resolution, wherein creditors are   October 01, 2022. The instructions relating
        given the chance to make insolvency resolution
        an economically viable process and entities can   to ceiling on IPO funding shall come into
                                                     effect from April 01, 2022. RBI Circular dated
        apply for insolvency, bankruptcy or liquidation.
        Although some NBFCs are performing well in   October 22, 2021
        India, others are lagging. These companies need   The contribution of NBFCs towards supporting
        to cross-examine their performance on various   real economic activity and their role as a
        parameters of the sector and work to eradicate   supplemental channel of credit intermediation
        the anomalies. Looking at the financial needs   alongside banks is well recognized. Over the
        of the Indians there is a wide scope for NBFCs   years, the sector has undergone considerable
        in every relevant sector and those companies   evolution in terms of size, complexity, and
        which have a futuristic approach will reap   interconnectedness within the financial
        the benefits. Some of the banks are relatively   sector. Many entities have grown and become
        well-capitalised and are being supported by   systemically significant and hence there is a
        governments.                                 need to align the regulatory framework for
                                                     NBFCs keeping in view their changing risk
        Targeting rural and backward areas, the
        NBFCs have the privilege to offer small-ticket   profile. As the SBR framework encompasses
        loans to the deprived but deserving sections.   different facets of regulation of NBFCs
                                                     covering capital requirements, governance
        NBFCs have emerged as a large employment
        generator by lending their support to small   standards, prudential regulation, etc., it has
                                                     been decided to first issue an integrated
        scale businesses and companies. To retain their
        growth and momentum they need to keep        regulatory framework for NBFCs under SBR
        upgrading themselves. Taking a cue from the   providing a holistic view of the SBR structure,
                                                     set of fresh regulations being introduced and
        performance of all various parameters, the
        NBFC companies can strive to improve their   respective timelines. Regulatory structure for
                                                     NBFCs shall comprise of four layers based on
        working and management and try to improve
        their ranking. Those which are left behind can   their size, activity, and perceived riskiness.
        mark the areas in which they lag and take a   NBFCs in the lowest layer shall be known
                                                     as NBFC - Base Layer (NBFC-BL). NBFCs in
        strategic approach to march forward.
                                                     middle layer and upper layer shall be known as
        Taking this as a passing phase the NBFCs must  NBFC - Middle Layer (NBFC-ML) and NBFC -
        get  ready  and  anticipate the  future  market  Upper Layer (NBFC-UL) respectively. The Top
        based on the post-COVID-19 scenario and  Layer is ideally expected to be empty and will
        work towards grabbing the opportunities that  be known as NBFC - Top Layer (NBFC-TL).
        will be thrown open for them. The immaculate
        planning and execution of future strategies   Base Layer- The Base Layer shall comprise of
        will be the best way forward for all NBFCs. We   (a) non-deposit taking NBFCs below the asset



        The Institute Of Cost Accountants Of India

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