Page 53 - Banking Finance November 2020
P. 53

RBI CIRCULAR

         3. Exemption granted to HFCs from the provisions of     has been decided that banks may ensure compliance
             Chapter III B of Reserve Bank of India Act, 1934 except  with the instructions contained in Para 4 of the circular
             for section 45-IA (Requirement of registration & net  ibid by December 15, 2020.
             owned funds) was withdrawn on November 11, 2019.
                                                              4. All other instructions contained in our circular dated
             On a review, it has been decided to additionally exempt  August 6, 2020, remain unchanged.
             HFCs from section 45-IB (Maintenance of percentage of
             assets) and section 45-IC (Reserve fund) of the Reserve
                                                              (Prakash Baliarsingh)
             Bank of India Act. Necessary Notification in this regard  Chief General Manager
             will be issued in due course. It is clarified that the
             corresponding provisions of section 29B and 29C of the  Co-Lending by Banks and NBFCs to
             National Housing Bank Act, 1987 will, however, be
             applicable to HFCs.                              Priority Sector
         4. As mentioned in para 3 of the public document put out  RBI/2020-21/63
             for consultation, further harmonisation between the
                                                                                              November 05, 2020
             regulations of HFCs and NBFCs will be taken up in a
             phased manner in the next two years so as to ensure  1. Please refer to the circular FIDD.CO.Plan.BC.08/
             that the transition is achieved with least disruption.  04.09.01/2018-19 dated September 21, 2018 on co-
             Master Direction for HFCs covering all applicable   origination of loans by banks and NBFCs for lending to
             instructions will be issued shortly.                priority sector. The arrangement entailed joint
                                                                 contribution of credit at the facility level by both the
         (Manoranjan Mishra)                                     lenders as also sharing of risks and rewards.
         Chief General Manager
                                                              2. Based on the feedback received from the stakeholders
                                                                 and to better leverage the respective comparative
         Opening of Current Accounts by Banks -                  advantages of the banks and NBFCs in a collaborative
                                                                 effort, it has been decided to provide greater
         Need for Discipline
                                                                 operational flexibility to the lending institutions, while
         RBI/2020-21/62                                          requiring them to conform to the regulatory guidelines
                                          November 02, 2020      on outsourcing, KYC, etc. The primary focus of the
                                                                 revised scheme, rechristened as “Co-Lending Model”
         1. Please refer to our circular DOR.No.BP.BC/7/21.04.048/
                                                                 (CLM), is to improve the flow of credit to the unserved
             2020-21 dated August 6, 2020 on the captioned
                                                                 and underserved sector of the economy and make
             subject.
                                                                 available funds to the ultimate beneficiary at an
         2. In this connection, a reference is invited to Para 4 of  affordable cost, considering the lower cost of funds
             the circular referred to above, wherein the banks were  from banks and greater reach of the NBFCs. Detailed
             advised that in respect of existing current and CC/OD  features of the CLM are furnished in the Annex.
             accounts, banks shall ensure compliance with the above
                                                              3. In terms of the CLM, banks are permitted to co-lend
             instructions within a period of three months from the
                                                                 with all registered NBFCs (including HFCs) based on a
             date of issue of the circular i.e. by November 5, 2020.  prior agreement. The co-lending banks will take their
             We have since received several references from banks
                                                                 share of the individual loans on a back-to-back basis in
             seeking clarifications on operational issues regarding
                                                                 their books. However, NBFCs shall be required to retain
             maintenance of current accounts already opened by
                                                                 a minimum of 20 per cent share of the individual loans
             the banks. These references are being examined by the  on their books.
             Reserve Bank and will be clarified separately by means
             of a FAQ.                                        4. The banks and NBFCs shall formulate Board approved
                                                                 policies for entering into the CLM and place the
         3. Pending the issue of FAQ on these operational issues, it
                                                                 approved policies on their websites. Based on their

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