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Financial 22
Financial 22
Financial 22
UTI
Unit Trust of India (UTI) is a statutory private sector investment body. It was
set up on February 1, 1964 as per the Unit Trust of India Act of 1963. The
primary objective of setting up this institution was to channel corporate
investments through encouraging productive community savings.
Therefore, it allows small-time savers to invest in risk-diverse fields.
People who hold units under this can sell them to UTI at a given rate as well.
A very particular reason why this is an attractive investment option is
because the investment in UTI has a certain rebate on income tax.
Moreover, the income from UTI is also exempted from income tax as per
certain conditions.
The trustee, governed by the Trust Companies act in the year 1967, is the
third party. The role of the third party is to monitor the manager’s
performance against the trust’s deed. The purpose of the deed is to outline
the objectives and the vital information about the trust. Also, the assets of
the trust are held in the name of the trustee. Then they are held “in trust”
for unitholders.
Unit Trust of India (UTI) provides the investor with a safe return of the
investment whenever there is a requirement of funds. The Unit Trust of
India provides a daily price record and also advertises it in the newspapers.
Therefore, two prices are always quoted on a daily basis. The two prices are
the purchase price and the sale price of the units.
This price may fluctuate on a daily basis but the fluctuations are very
nominal on a monthly basis. The price usually varies between July and June.
In July, the purchase price is the lowest of the various units. The investor
who desires to make an investment can purchase his or her units at this
time of the year because this will get him the lowest offer price for the units.
The main and the basic objective of the Unit Trust of India are to offer both
small as well as large investors. The means of acquiring shares in the
properties results from the steady industrial growth of the country.
3. In 1986, the Children Gift Growth Fund Unit Scheme was brought.
5. The Senior Citizens Unit Plan was introduced in 1993, for the senior
citizens of our country.
9. Unit Trust of India (UTI) Growth Sector Fund was established in 1999.
Functions of UTI
This period also witnessed an increase in the number of mutual fund houses, along
with mergers and acquisitions. By the end of January 2003, there were 33 mutual
funds with total assets of Rs. 1,21,805 crores, with UTI leading the pack.
1. From April to August 2020, total Foreign Direct Investment inflow of USD 35.73
billion was received. It is the highest ever for the first 5 months of a financial
year. FDI inflow has increased despite Gross Domestic Product (GDP) growth
contracted 23.9% in the first quarter (April-June 2020).
2. FDI received in the first 5 months of 2020-21 (USD 35.73 billion) is 13% higher as
compared to the first five months of 2019-20 (USD 31.60 billion).
FDI in India
The investment climate in India has improved tremendously since 1991 when
the government opened up the economy and initiated the LPG strategies.
28,612
In the automatic route, the foreign entity does not require the prior approval
of the government or the RBI.
Examples:
Under the government route, the foreign entity should compulsorily take the
approval of the government. It should file an application through the Foreign
Investment Facilitation Portal, which facilitates single-window clearance.
This application is then forwarded to the respective ministry or department,
which then approves or rejects the application after consultation with
the DPIIT.
Examples:
There are some sectors where any FDI is completely prohibited. They are:
A transfer of ownership in an FDI deal that benefits any country that shares
a border with India will also need government approval.
Investors from countries not covered by the new policy only have to inform
the RBI after a transaction rather than asking for prior permission from the
relevant government department.
The earlier FDI policy was limited to allowing only Bangladesh and Pakistan
via the government route in all sectors. The revised rule has now brought
companies from China under the government route filter.
Benefits of FDI
FDI brings in many advantages to the country. Some of them are discussed
below.
Disadvantages of FDI
However, there are also some disadvantages associated with foreign direct
investment. Some of them are:
• Companies Act
• Securities and Exchange Board of India Act, 1992 and SEBI Regulations
• Foreign Exchange Management Act (FEMA)
• Foreign Trade (Development and Regulation) Act, 1992
• Civil Procedure Code, 1908
• Indian Contract Act, 1872
• Arbitration and Conciliation Act, 1996
• Competition Act, 2002
• Income Tax Act, 1961
• Foreign Direct Investment Policy (FDI Policy)
The net foreign direct investment (FDI) in India, inflows minus outflows,
declined 38.4 per cent year-on-year to $15.41 billion in the first 10 months
of this financial year due to an increase in the repatriation of capital.
According to the Reserve Bank of India’s data in the March 2024 bulletin,
FDI in India was $25.53 billion and outflows were $10.11 billion in April
2023-January 2024.
In the same period last year, FDI inflows stood at $36.75 billion, while
outflows reached $11.75 billion.
LEASING
LEASING…..
LEASING…..
Complementary Roles
1. **Regulatory Coordination:**
4. **Development Initiatives:**
Conclusion
The RBI and SEBI play distinct yet complementary roles in regulating
India’s financial market. Their collaboration ensures a stable, efficient,
and transparent financial environment, fostering economic growth and
protecting stakeholders' interests. Through coordinated policy
implementation, joint regulatory efforts, and shared developmental
goals, these regulators work together to enhance the resilience and
dynamism of India’s financial system.
Discuss the promotional role of development bank in
india.
The pace of development cannot be accelerated by providing financial assistance alone.
There are factors which inhibit industrialization of an underdeveloped country. It is essential
to make a correct diagnosis of those factors and plan things accordingly. The growth
potential of different areas, the availability of natural resources, demand conditions,
infrastructure facilities, etc. should be taken into account before deciding the pattern of
industrialization of various places. The task of identification of growth potentialities and
preparation of feasibility studies is not an easy task. It requires huge finances and technical
expertise which is beyond the competence of entrepreneurs of under-developed countries. It
is in this area where development banks can play crucial role. In addition to providing the
traditional role of providing financial assistance, development banks in India are undertaking
promotional role also. Some of the areas where these banks are participating are:
With a view to provide a forum to the national and state financial institutions, IDBI
constituted 23 IIG’s in various states and union territories These groups aimed to help
accelerate the process of industrial development in a state with particular emphasis on
less developed areas, An attempt was also made to evolve suitable strategies for
industrial development within the framework of national and state policies and local
requirements. IDBI has been constantly reviewing the functioning of these groups so
as to evolve suitable measures for malting them effective.
There is a need for technical consultancy at the time of selling up a new unit and at
the time of making change like modernization, expansion, diversification, etc. The small
and medium scale units cannot pay high fees of consultancy agencies. With a view to
help these entrepreneurs, financial institutions set up 17 consultancy organization for
providing consultancy at nominal rates. These organizations provide consultancy
services to small and medium entrepreneurs, commercial banks, state-level financial
institutions and other agencies engaged in industrial promotion and development. The
consultancy services covered so far include market surveys, preparation of feasibility
and project reports, entrepreneur ship development programmes, diagnostic studies
and rehabilitation schemes for sick units, services for implementing projects on turn-
key basis. TCO’s have been giving thrust to modernization small and medium scale
sectors also. In this respect they have undertaken in depth studies of specific sub-
sectors of small scale industry so as to identify their modernization needs and prepare
modernization programmes.
Development banks, especially IDBI have been helping small and medium sectors in
developing and upgrading of their technology so that they arc able to match the pace
of development. These banks also encourage entrepreneurs to adopt sophisticated
technology with the help of academic and research institutes and also to encourage
entrepreneurship among science and technology graduates. Development banks have
done a good job in promoting industrial activities in various parts of the country. The
development of backward areas is a gigantic task in India. Private entrepreneurs
cannot measure to this task of their own. So development banks are expected to play
an important role in this regard. These banks should help in setting up new projects
by associating private entrepreneurs so that their management is left to them. After a
particular stage of a project the development institutions should transfer the
responsibility to private sector and same resource should be used to develop more
units. Development banks, in co-operation with private sector, can certainly help in
accelerating the pace of industrial development.
Management of IFCI
The corporation has 13 members Board of Directors, including Chairman. The
Chairman is appointed by Government of India after consulting Industrial
Development Bank of India. He works on a whole time basis and has tenure of 3 years.
Out of the 12 directors, four are nominated by the IDBI, two by scheduled banks, two
by co-operative banks and two by other financial institutions
like insurance companies, investment trusts, etc. IDBI normally nominates three
outside persons as directors who are experts in the fields of industry, labour and
economics, the fourth nominee is the Central Manager of IDBI. The Board meets once
in a month. It frames policies by keeping in view the interests of industry, commerce
and general public. The Board acts as per the instructions received from the
government and IDBI. The Central Government reserves the power up to the Board
and appoints a new one in its place.
The Board is assisted by the Central Committee which consists of the chairman, two
directors elected by nominated directors and the Board of directors elected by the
elected directors. This committee assists the Board in discharge of its functions. It .can
act on all matters under the competence of the Board, So this committee practically
transacts the entire business of the corporation. IFCI also has Standing Advisory
Committees one each for textile, sugar, jute, hotels, engineering and chemical
processes and allied industries. The experts in different fields appointed on Advisory
Committees. The chairman is the ex-officio member of all Advisory Committees. All
applications for assistance are first discussed by Advisory Committees before they go
to Central Committees.
a) Share Capital:
The IFCI was set up with an authorized capital of Rs. 10crores consisting of 20,000
shares of Rs. 5,000 each. This capital was later on increased at different times and by
March, 2003 it was Rs. 1068 crores. The capital was subscribed by Central Government,
Reserve Bank of India, scheduled banks, Life Insurance Corporation, investment trusts,
co-operative banks are other financial institutions. In 1964, the share capital held by
the central government and RBI was transferred to the Industrial Development Bank.
The corporation thus became a subsidiary of IDBI. The central government had
guaranteed the shares of the corporation both for repayment of the principal and for
the payment of a dividend at 2.5 per cent on the original issue and 4 per cent on the
additional issues. However, since July , 1993 IFCI has been converted into a limited
company.
b) Bonds and Debentures:
The corporation is authorized to issue bonds and debentures to supplement its
resources but these should not exceed ten times of paid-up capital and reserve fund.
The bonds and debentures stood at a figure of Rs. 57.69 crores 1971 and rose to Rs.
15366.5 crores as on 31st March 2003. The bonds and debentures are also guaranteed
by the central government for both payment of interest at such rates as may be fixed
at the time the bonds and debentures are issued.
c) Borrowings:
Functions of IFCI
IFCI is authorized to render financial assistance in one or more of the following forms:
IFCI provides financial assistance to eligible industrial concerns regardless of their size.
However, now-a-days, it entertains applications from those industrial concerns whose
project cost is about Rs. 2 crores because upto project cost of Rs. 2 crores various state
level institutions (such as Financial Corporations, SIDCs and banks) are expected to
meet the financial requirements of viable concerns. While approving a loan application,
IFCI gives due consideration to the feasibility of the project, its importance to the
nation, development of the backward areas, social and economic viability, etc. The
most of the assistance sanctioned by IFCI has gone to industries of national priority
such as fertilizers, cement, power generation, paper, industrial machinery etc. The
corporation is giving a special consideration to the less developed areas and assistance
to them has been stepped up. It has sanctioned nearly 49 per cent of its assistance for
projects in backward districts. The corporation has recently been participating in soft
loan schemes under which loans on confessional rates are given to units in selected
industries. Such assistance is given for modernization, replacement and renovation of
plant and equipment.
IFCI introduced a scheme for sick units also. The scheme was for the revival of sick
units in the tiny and small scale sectors. Another scheme was framed for the self-
employment of unemployed young persons. The corporation has diversified not
merchant banking also. Financing of leasing and hire purchase companies, hospitals,
equipment leasing etc. were the other new activities of the corporation in the last few
years.
Geeky Takeaways:
• The financial services sector encompasses entities offering
financial services to individuals and corporations.
• It includes banks, investment houses, lenders, finance
companies, real estate brokers, and insurance firms.
• It facilitates capital flow and liquidity, manages risk, and
drives national economies.
• It extends credit, manages liquidity, invests funds for different
periods, and facilitates risk sharing.
Characterstistics of the Financial Services
Sector
1. Economic Growth and Development: The financial services sector
actively promotes economic growth and development through its dual
focus on investment and savings. By offering diverse financial
instruments and services, it encourages individuals and firms to make
strategic investments while fostering a culture of savings, providing a
solid foundation for sustained economic progress. Additionally, the
sector plays a pivotal role in limiting risks and boosting returns,
creating a dynamic economic environment.
2. Risk Management and Capital Flow: Integral to its function is the
management of risks and facilitation of capital flow. The financial
services sector boosts confidence in navigating the financial landscape
by avoiding risks and maximizing returns, promoting stability and
growth. This approach also results in greater yield, benefiting both
investors and the expansion of financial institutions’ activities.
• 3. Government and Tax Revenue: The financial services sector
significantly benefits the government by contributing to the
overall economic health and generating tax revenue. As a key
driver of economic growth, the sector’s activities result in
increased tax contributions, providing crucial resources to
support essential public services.
• 4. Market Functionality: The sector’s essential role in the
functionality of the capital market is noteworthy. By providing
the necessary financial infrastructure for trading and investment
activities, it ensures the efficient operation of the capital market,
enables the flow of funds, and creates opportunities for domestic
and foreign trade.
5. Business Support and Infrastructure: The financial services sector
plays a pivotal role in supporting business growth. Through the
provision of financial tools, resources, and investment opportunities, it
empowers businesses to expand their operations, contributing to
overall economic prosperity. Additionally, the sector provides essential
financial infrastructure, ensuring the smooth functioning of financial
transactionsand facilitating the broader economic ecosystem.
6. Regional Development and Access: A vital aspect of the sector is
its contribution to balanced regional development. Providing access to
financial resources and investment opportunities across different
regions helps distribute economic benefits more equitably,
encouraging inclusive growth. This commitment to regional
development enhances access to financial services, constructing
opportunities for individuals and firms in diverse geographical areas to
participate in and benefit from the broader economic landscape.
India’s diverse and comprehensive financial services industry is growing
rapidly, owing to demand drivers (higher disposable incomes, customized
financial solutions, etc.) and supply drivers (new service providers in existing
markets, new financial solutions and products, etc.). The Indian financial
services industry comprises several key subsegments. These include, but
are not limited to- mutual funds, pension funds, insurance companies, stock-
brokers, wealth managers, financial advisory companies, and commercial
banks- ranging from small domestic players to large multinational
companies. The services are provided to a diverse client base- including
individuals, private businesses and public organizations.
10 Types of Financial Services:
1. Banking
2. Professional Advisory
3. Wealth Management
4. Mutual Funds
5. Insurance
6. Stock Market
7. Treasury/Debt Instruments
8. Tax/Audit Consulting
9. Capital Restructuring
10.Portfolio Management
These financial services are explained below:
1. Banking
The banking industry is the backbone of India’s financial services industry.
The country has several public sector (27), private sector (21), foreign (49),
regional rural (56) and urban/rural cooperative (95,000+) banks. The
financial services offered in this segment include:
• Individual Banking (checking accounts, savings accounts, debit/credit
cards, etc.)
• Business Banking (merchant services, checking accounts and savings
accounts for businesses, treasury services, etc.)
• Loans (business loans, personal loans, home loans, automobile loans,
working-capital loans, etc.)
The banking sector is regulated by the Reserve Bank of India (RBI), which
monitors and maintains the segment’s liquidity, capitalization, and financial
health.
2. Professional Advisory
India has a strong presence of professional financial advisory service
providers, which offer individuals and businesses a wide portfolio of
services, including investment due diligence, M&A advisory, valuation, real-
estate consulting, risk consulting, taxation consulting. These offerings are
made by a range of providers, including individual domestic consultants to
large multi-national organizations.
3. Wealth Management
Financial services offered within this segment include managing and
investing customers’ wealth across various financial instruments- including
debt, equity, mutual funds, insurance products, derivatives, structured
products, commodities, and real estate, based on the clients’ financial goals,
risk profile and time horizons.
4. Mutual Funds
Mutual fund service providers offer professional investment services across
funds that are composed of different asset classes, primarily debt and
equity-linked assets. The buy-in for mutual fund solutions is generally lower
compared to the stock market and debt products. These products are very
popular in India as they generally have lower risks, tax benefits, stable
returns and properties of diversification. The mutual funds segment has
witnessed double-digit growth in assets under management over the last
five years, owing to its popularity as a low-risk wealth multiplier.
5. Insurance
Financial services offerings in this segment are primarily offered across two
categories:
• General Insurance (automotive, home, medical, fire, travel, etc.)
• Life Insurance (term-life, money-back, unit-linked, pension plans, etc.)
A bank and a non-banking financial company (NBFC) are two distinct types of
financial organizations that operate under very different regulations and have
very different business strategies. A non- bank financial company, or NBFC, is a
business that conducts comparable banking activities without a banking licence.
A bank is an approved government financial institution.
Banks accept deposits and lend money to parties through loans. Unlike banks,
which take deposits from clients and provide loans and other types of credit,
nonbank financial institutions (NBFCs) offer business loans and credit lines to
small businesses and individuals.
What Is a Bank?
Financial entities known as banks take deposits from depositors and lend the
money to borrowers at interest. The most prevalent form of bank in the world is
the commercial bank, which provides check-writing services, savings and current
account services, and lending options to individuals seeking to borrow money for
small business loans or mortgages. The government regulates banks extensively,
and they have to follow tight guidelines when it comes to lending.
Banking is defined as taking deposits of public funds for lending and investment
purposes that are otherwise repayable upon demand and withdrawable by check
or draught, as per the Banking Companies (Regulations) Act of India, 1949.
Because banks are seen as heavily regulated, their role in the economy is vital
because they uphold the nation's financial stability.
NBFCs are often limited to accepting fixed deposit and recurring deposit types
and are not allowed to open public bank accounts. Furthermore, they are
prohibited from lending to the general public, with the exception of loans secured
by gold or used to fund specific types of equipment or automobiles. They must
also pay interest on public deposits, in addition to other obligations.
1. The Reserve Bank of India Act of 1934 and the Banking Regulation Act of 1949
control banks in India as licenced financial organizations. Non-Banking Financial
Companies, or NBFCs, are governed by the Reserve Bank of India Act of 1934 and
are established in accordance with the rules of the
Companies Act of 1956 or the Companies Act of 2013.
2. A variety of services are offered by banks to its clientele. These services include
credit card facilities, loan advances, guarantees, money remittances, check
payments and more. On the other hand, NBFCs offer services related to mutual
funds, equities, insurance, savings and investment programmes, and more.
3. NBFCs, as opposed to banks, obtain deposits through the securitization
process, whereas banks's main operations are receiving deposits and making
loans.
4. Repayable deposits are accepted by banks, however NBFCs are not allowed to
engage in the business of taking such deposits.
5. While banks can accept up to 74% of their foreign investments, NBFCs can
accept up to 100% of their foreign investments.
7. Statutory Liquidity measures (SLR) and Cash Reserve Ratios (CRR) are two
measures that banks are required to keep up to date. In contrast, NBFCs are
exempt from maintaining these ratios.
9. Banks have the ability to participate in credit creation. However, NBFCs are
unable to establish credit.
10. Non-Banking Financial Companies do not offer the transactional services that
banks do, such as deposits, cash withdrawals, checks, debit card payments, and
even internet payments.
4. Acceptance of
Banks taks money deposits NBFCs are not allowed to take demand
Demand
repayable as per the need. deposits.
Deposits
5. Extend
Banks are meant for foreign NBFCs are allowed for foreign investments
Foreign
investments up to 74% up to a maximum of 100%.
Investment
6. Payment and Banks are part of the payment and NBFCs do not form part of any such payme
Settlement Cycle settlement cycle. and settlement cycle.
The Conclusion
In summary, while both banks and non-banking financial companies (NBFCs) offer
financial services, their methods of operation differ. NBFCs are generally focused
on providing lending operations to businesses, while banks typically accept and
issue loans. Individual consumer financial demands have also been met by NBFCs
in recent years. In addition, banks mostly deal in stocks and shares while offering
their customers financial guidance. NBFCs, on the other hand, offer a wide range
of financial services, including securities, insurance, and investing. The numerous
laws and regulations that the government has in place also heavily control banks.
NBFCs adhere to the guidelines established by the Reserve Bank of India. We hope
the post on the distinctions between banks and NBFCs was enjoyable.
The
Reserve Bank of India (RBI) has announced a new scale-based regulatory
framework for non-banking financial firms (NBFCs) that will take effect on
October 1, 2022. The scale-based approach covers a variety of aspects of NBFC
regulation, including capital requirements, governance standards, prudential
regulation, and more. Based on their size, activity, and perceived riskiness, the
regulatory framework for NBFCs will be divided into four levels.
NBFCs in the lowest tier will be referred to as NBFC – Base Layer (NBFC-BL), while
those in the middle and upper layers will be referred to as NBFC – Middle Layer
(NBFC-ML) and NBFC – Upper Layer (NBFC-UL). Regardless of other factors, the top
10 qualifying NBFCs in terms of asset size will always be in the upper stratum.
The RBI has changed the non-performing asset (NPA) categorization for all types of
NBFCs to more than 90 days under the new framework. When it comes to the
Board’s experience, at least one of the directors must have relevant experience
working in a bank or NBFC, given the requirement for professional competence in
managing the affairs of NBFCs.
There will also be a limit of one crore per borrower for financing Initial Public
Offering subscriptions (IPO). The Central Bank noted in a statement that NBFCs might
set more cautious limitations.
1. NBFC Base Layer – The non-systemically NBFC at the base layer is categorised as
an NBFC-Non Deposit Taking, Non-operative Financial Holding, NBFC Non-
Aggregator License, Peer to Peer Lending, and NBFC for asset size of Rs. 1000
Crores.
Though the regulations governing the base layer have not changed much, there
have been some noticeable changes, such as the raising in
• the INR 500 crore threshold for systemic importance to INR 1,000 crore,
allowing more NBFCs to enter the NBFC-BL fold.
• Stricter admission conditions have been set to meet growing capitalisation
demands for tackling cyber security and anti-money laundering risks, with the
minimum net-owned fund being raised from INR 2 crore to INR 20 crore.
• The time period for categorising non-performing assets has been reduced
from 180 to 90 days.
• The Central Bank has changed the NBFC –BL criteria from Rs 2 crore to Rs
20 crore, and the NPA balancing period has been reduced from 180 days to
90 days.
2. NBCF Middle Layer – It covers non-deposit-taking systemically important NBFCs
(NBFC-ND-SI), stand-alone primary dealers, deposit-taking NBFCs, infrastructure
debt funds, housing finance, and core investment companies.
• The exposure limitations are now linked to the Tier Capital rather than the
Owned Funds. The cap for IPO fundraising has been set at Rs 1 crore.
• This category includes all non-deposit taking NBFCs that are currently classed
as systemically significant, as well as all deposit taking NBFCs that do not fit
the Upper Layer’s regulatory requirements.
• This layer is also expected to include NBFC-HFCs, IFCs, infrastructure debt
funds (“NBFC-IDF”), freestanding primary dealers (“SPD”), and CICs, regardless
of asset size.
The concentration and financing rules of the NBFC-ML will alter in the
following ways:
(i) The lending and investment limitations are proposed to be combined into a single
exposure limit of 25% and a group exposure limit of 40%, calculated using Tier 1
capital rather than net owned funds;
(ii) With the introduction of an INR 1 crore ceiling per individual per NBFC,
restrictions on share buy-backs, restrictions on loans to directors/their family, and
other regulations, finance regulation will become more harsh;
3. NBFC Upper Layer – At least 25 to 30 NBFCs are encapsulated in the upper layer.
This layer’s NBFC will function similarly to a bank. It’s known as CET, and it’s possible
that Common Equity Tier (CET) I Capital would be used to boost NBFC-UL regulatory
capital. CET has been available at a 9% interest rate on Tier I capital.
• The NBFCs in the Upper Layer will be selected based on both quantitative and
qualitative criteria –
(a) qualitative factors such as size (35%), interconnectedness (25%), and complexity
(10%); and
(b) qualitative parameters such as supervisory inputs (5%). (30 percent , which
includes type of liabilities, group structure and segment penetration). The top 10
NBFCs (by asset size) will automatically fall into this group, according to the
Discussion Paper.
The Discussion Paper envisions NBFC – UL regulatory control along the same
lines as banks, including:
(i) maintaining a 9 percent minimum common equity tier 1 (“CET 1”) capital
(equivalent to the Basel III mandatory CET 1 for banks);
(iii) subjecting NBFC-ULs to the differential standard asset provisioning rules applied
to banks (rather than the present 0.4 percent for systemically significant NBFCs); and
4. NBFC Top Layer –In the structure, the NBFC at the top layer is left empty.
Essentially, the top tier of the pyramid structure should be left unfilled unless the
supervisors are interested in certain NBFCs. According to supervisory judgments, if
some NBFCs in the upper layer are exposed to significant risks, they will be subjected
to significantly increased regulatory or supervisory requirements.
• According to the Discussion Paper, the top layer should be left unfilled. If a
company in the NBFC-UL category is judged to pose an unsustainable
systemic risk, it may be transferred to this tier and subjected to specialised
examination.
NBFCs have been a critical cog in the financial markets’ wheel since the introduction
of Chapter IIIB in the RBI Act, 1934 in 1963, and any move to overhaul the regulatory
framework applicable to them will have far-reaching consequences. The approach of
classifying NBFCs based on size and systemic risk/importance retains the essence of
previous regulatory review – however, the proposal to stratify all NBFCs into a three-
layered pyramid (with the top layer left empty) and focus on using qualitative and
quantitative parameters to classify NBFCs is a welcome change.
If the Discussion Papers ideas are accepted, NBFC – ML and NBFC – UL will need to
significantly revise their governance and compliance structures, affecting
approximately 500 NBFCs in India. It would also be interesting to examine how the
Discussion Paper relates to the RBI’s Internal Working Group Report for Banks, which
was released on November 20, 2020, and suggests additional banks and the
conversion of NBFCs (with assets above INR 50,000) into banks.
• A Layered Approach-
It has been updated into the four-layered structure described above under this
framework. The framework comprises the following elements:
• The banks maintain the SLR and CRR against time demand liabilities in the structural
arbitrage instance.
• The NBFC benefits from the flexibility in asset categorization, capital adequacy, and
provisioning standards in the Prudential arbitrage case.
• Existing Regulatory Framework- The framework will apply to NBFC-NDs that have
regulatory frameworks that are still in place. It will be applied to the NBFCs’
foundation layer. The NDSI will be used in the intermediate layer of NBFCs.
• Changes to the lower layer- NBFCs will also apply to the top layer NBFCs unless
there is a dispute noted.
• The systemic significance level is now 500 crores, however, it has been raised to Rs
1000 crores.
• NPA Classification Days – The NPA classification days have been lowered from 180
to 90 days.
Changes in the foreign capital policy since 1991
Since 1991, India has been increasingly open to foreign direct investment (FDI),
bringing about relaxations in several key economic sectors.
FDI into India is primarily governed by the 1999 Foreign Exchange Management Act
(FEMA) and rules and regulations issued by the Reserve Bank of India (RBI), along
with the Consolidated Policy on FDI and press notes and circulars (FDI Policy)
issued by Department for Promotion of Industry and Internal Trade under the
Ministry of Commerce & Industry (DPIIT). The most significant RBI rules include the
2019 Foreign Exchange Management (Non-Debt Instruments) Rules and the 2019
Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt
Instruments) Regulations (together, the NDI Rules).
The FDI Policy sets out the entry routes for different sectors (i.e. automatic or
government approval), investment limits for the different sectors, conditions for
investment, and eligible instruments, among other matters. These policy conditions
are then enacted into law through the NDI Rules.
India’s business sectors may be divided into three for the purposes of FDI inflow:
• prohibited sectors – prohibited from receiving FDI. Includes atomic energy, real
estate business, lottery business, manufacturing tobacco products, gambling and
betting;
• automatic route – no prior approval required from the government for receiving FDI.
Includes airports, construction, industrial parks, mining, manufacturing and IT; and
• government approval route – prior approval required from the government for
receiving FDI. Includes air transport services, satellites, print media and public sector
banks.
The FDI Policy further imposes sector-specific FDI thresholds based on the
sensitivity of the sector, regardless of whether the sector falls under the automatic
route or the government approval route. These are, generally:
Partner, Trilegal
Even as recently as 2021, and going against the tide of the prevailing protectionist trends,
India has brought about relaxations [in FDI controls] in several key sectors
Where an Indian entity is neither 'owned' nor 'controlled' by resident Indian citizens,
any investment made by that entity in another Indian entity will be considered
downstream foreign investment, and governed by the NDI Rules and FDI Policy. For
the purposes of the NDI Rules, ‘owned’ refers to a beneficial holding of more than
50% of the equity instruments of a company, and ‘controlled’ refers to the right to
appoint a majority of directors or to control the company’s management or policy
decisions.
Under the NDI Rules, FDI includes any investments made by a person resident
outside India in equity instruments of Indian companies. For listed entities,
investments of at least 10% or more of the post issue paid-up capital is treated as
FDI.
• equity shares (including partly paid equity shares, provided that at least 25% of the
consideration is received upfront and they are fully called-up within 12 months of
issuance);
• convertible debentures which are fully and mandatorily convertible, and fully paid;
• preference shares which are fully and mandatorily convertible, and fully paid; and
• share warrants, for which at least 25% of the consideration is to be received upfront
and the balance is to be received within 18 months of issuance.
While FDI is only permitted in these equity instruments, a recent exception applies to
start-ups, as discussed below.
On 17 April 2020, the Indian government amended the FDI Policy making it
mandatory to obtain government approval for FDI received from countries that “share
a land border” with India, which include China, Bangladesh, Pakistan, Bhutan, Nepal,
Myanmar and Afghanistan. While the move was ostensibly intended to “curb
opportunistic takeovers / acquisitions”, the intention has been widely held to have
stemmed from the need to limit the inflow of Chinese investments since FDI from
Pakistan and Bangladesh was already subject to similar restrictions. As a result of
this amendment, FDI inflow from these countries has been restricted, with only 80 of
388 proposals received as of July 2022 granted approval, according to a Right to
Information Act request (RTI) submitted by The Hindu.
However, other than this protective limitation, India has been on the path of
liberalisation since 1991. Even as recently as 2021, and going against the tide of the
prevailing protectionist trends, India has brought about relaxations in several key
sectors, including:
• insurance – the FDI limit in the insurance sector was raised from 49% to 74% under
the automatic route.
• defence – the FDI limit in the defence sector was significantly liberalised by raising
the FDI limit for investment under the automatic route from 49% to 74%.
• telecoms – as a much-needed boost to the telecoms sector in India, the government
increased the FDI limit into the sector from 49% to 100% under the automatic route.
• oil and gas – while the overall cap for FDI into the oil and gas sector continues to
remain at 49% under the automatic route, a window has been created for 100% FDI
in oil and gas public sector undertakings (PSU) that have obtained 'in-principle
approval' from the government for strategic disinvestment.
While FDI is generally permitted only through equity instruments, eligible start-ups
have the benefit of issuing convertible notes (CN): instruments evidencing receipt of
money initially as a debt, and which are either repayable at the option of the holder
or convertible into such number of equity shares of the company upon occurrence of
specified events and as per the other terms and conditions agreed to and indicated
in the instrument. For start-ups to be eligible to issue CNs, the minimum amount of
investment required from a single investor is INR 25 lakhs (roughly US$ 30,000) in a
single tranche. The maximum tenor of conversion or repayment of a CN is 10 years.
Eligible start-ups can also benefit from the ‘angel tax’ exemption under Income Tax
Act if their aggregate paid-up share capital and share premium after the issue or
proposed issue of shares do not exceed INR 25 crores (roughly US$3 million). The
angel tax exemption comes with end use restrictions of investments on specified
assets. If the investment consists of a capital contribution made to any other entity,
shares and securities, bullion, archaeological collections, or any work of art, the
angel tax exemption will not apply.
Legal consequences
Punishment for contravention of the NDI Rules and other FDI laws is covered under
the penal provisions of FEMA, the enforcement of which is tasked upon the
Directorate of Enforcement (ED). Every contravention is punishable with a penalty of
up to three times the amount involved in the contravention, if such amount is
quantifiable; or up to INR 200,000 (roughly US$2,400) where the amount is not
quantifiable. Where the contravention is continuing, the ED can impose a further
penalty of up to INR 5,000 (roughly US$60) for every day that such contravention
continues after the date of its occurrence.
Further initiatives
A number of government initiatives are expected to boost FDI inflows into India in the
coming years.
PM GATI SHAKTI SCHEME
The Prime Minister Gati Shakti scheme, launched in October 2021, has been billed
as a transformative plan for achieving economic development by focusing on
different modes of transportation and a logistics infrastructure which is complimented
by clean energy transmission, IT communications and social infrastructure.
DISINVESTMENT
Notably, in recent times, the government has successfully divested from two major
PSUs:
• Air India, through a 100% stake sale to the Tata Group (along with a 100% stake sale
of low-cost carrier Air India Express and a 50% stake sale in the ground handling
services provider Air India SATS); and
• Life Insurance Corporation of India, through an initial public offering whereby the
government offloaded 3.5% of its 100% stake in the insurer.
The budgeted disinvestment target for the financial year 2022-23 was set at INR
65,000 crore (roughly US$7.8 billion). As of December 2022, the government had
already raised over INR 28,000 crore through stake sales, according to local media
reports.
The PLI scheme is another recent initiative introduced by the Indian government, in
line with its goal of creating a self-reliant economy. Under the scheme, financial
incentives are provided to eligible companies on sales of goods manufactured in
India. The scheme has been extended to manufacturing-focused sectors including
automobiles, textiles and pharmaceuticals, with a total budgeted outlay of close to
INR 200,000 crore (roughly US$24bn).
Future prospects
FDI equity inflow to India for the first half of financial year 2022-23 was
approximately US$27bn, according to DPIIT figures – notably, a higher figure than
the inflow for the first half of financial year 2018-19.
The figures indicate that India's standing as a favoured investment hub has
withstood the Covid-19 pandemic as well as the geopolitical and macroeconomic
uncertainty that has followed it. The government's proactiveness in liberalising the
investment framework during this time has also improved the country's favourability.
According to the OECD FDI restrictiveness index, India's FDI restriction level has
been halved from 0.42 in the year 2003 to 0.21 as of its last update in
2020, signifying a quantifiable measure of the liberalisation made to India's FDI
framework over the Covid-19 pandemic period.
With the World Bank revising the real GDP estimate for India to 6.9% from 6.5% for
the financial year 2022-23 on account of higher resilience of the Indian economy to
global shocks and better-than-expected second quarter numbers, it remains to be
seen how India performs in the coming years in the face of the continuing global
headwinds.
Function of LIC
Life Insurance Corporation of India :
• LIC is a Government Insurance and Investment Company
incorporated under the Indian Life Insurance Act.
Role :
• LIC is known as India’s largest national life insurance and
investment company. LIC’s main mission is to raise funds from
people through various life insurance policies and then invest
in the global financial markets and various government
securities. At least 75% of these proceeds must be invested in
central and state government securities under one of the LIC
regulations.
• To acquire, preserve and put off any belongings for the motive
of its commercial enterprise.
Recent Development :
• Recently, the Union Cabinet passed an amendment to the FDI
policy allowing up to 20% foreign direct investment (FDI)
through the “automatic route” of the Life Insurance Corporation
(LIC) ahead of its planned initial public offering (IPO).
• The FDI cap for public sector banks is 20% and is in the process
of getting government approval.
• The government last year raised the FDI cap in the insurance
sector from 49% to 74%, but not the LIC, which is subject to a
special law. The government allows up to 20% foreign
investment in LIC and other entities as LIC does not fall into any
of these categories and no restrictions are imposed on foreign
investment in LIC under LIC law.
Vishwakarma ……….