Page 61 - BFSI CHRONICLE 10 th Issue (2nd Annual Issue ) 23062 COPY.indd
P. 61

BFSI Chronicle, 2 Annual Issue, 10  Edition July 2022
                                       th
                       nd
             Committee,  Risk  Management  normal tenure.
             Committee or any other Committee) and
             lay down a calendar of reviews.         Regulatory guidelines for NBFCs under Top
                                                     Layer – 
          NBFCs  shall  formulate  a  whistle  blower
                                                     NBFCs falling in the Top Layer of the regulatory
             mechanism for directors and employees   structure shall, inter alia, be subject to higher
             to report genuine concerns.
                                                     capital charge. Such higher requirements shall
          The Board shall ensure good corporate      be specifically communicated to the NBFC
             governance practices in the subsidiaries   at the time of its classification in the Top
             of the NBFC.                            Layer. There will be enhanced and intensive
                                                     supervisory engagement with these NBFCs.
          j) Core Banking Solution -  NBFCs with     Transition Plan - Once a NBFC is identified
             10 and more branches are mandated to    for inclusion as NBFC-UL, the NBFC shall
             adopt Core Banking Solution. A glide    be advised about  its classification by the
             path of 3 years with effect from October   Department of Regulation, Reserve Bank and
             01, 2022 is being provided.             it will be placed under regulation applicable to
                                                     the Upper Layer.
             Detailed circulars will be issued in due
             course by the Reserve Bank on guidelines   For this purpose, the following timelines shall
             indicated at paras f, g, h, i and j above.  be adhered to:
             Additional regulatory changes under     Within 3 months of being advised by the RBI
             SBR applicable to NBFC-UL               regarding its inclusion in the NBFC-UL, the

          k) Qualification of Board Members - Board   NBFC shall put in place a Board approved
                                                     policy for adoption of the enhanced regulatory
             members shall be competent to manage
             the affairs of the NBFC. The composition   framework and chart out an implementation
                                                     plan for adhering to the new set of regulations.
             of the Board should ensure mix of
             educational qualification and experience   The Board shall ensure that the stipulations
             within the Board. Specific expertise of   prescribed for the NBFC-UL are adhered to
             Board members will be a prerequisite    within a maximum time-period of 24 months
             depending on the type of business       from the date of advice regarding classification
             pursued by the NBFC.                    as a NBFC-UL from the Reserve Bank. During
                                                     the period of transition, calibrated increment to
          l) Listing & Disclosures - NBFC-UL shall
             be mandatorily listed within 3 years of   business may be allowed through supervisory
                                                     engagement. The period of 3 months provided
             identification as NBFC-UL. Disclosure
             requirements shall be put in place on   for charting out the plan for implementation
             the same lines as applicable to a listed   shall be subsumed within the 24-months’
             company even before the actual listing,   time-period referred to above. The roadmap as
             as per Board approved policy of the     approved by the Board towards implementation
                                                     of the enhanced regulatory requirement shall
             NBFC.
                                                     be submitted to the Reserve Bank and shall be
        Supervisor in case any Independent Director  subject to supervisory review.
        is removed/resigns before completion of his


        The Institute Of Cost Accountants Of India

                                                                                             61
   56   57   58   59   60   61   62   63   64   65   66