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Financial Institutions and Services




                    Notes
                                     Multiple regulators for non-banking financial entities in the country and an entity-based
                                     approach  to regulation  gives  rise  to  possible  regulatory gaps  -  functional  activities
                                     remaining unregulated, gaps in regulation permitting surrogate raising of public funds,
                                     leveraged activities by entities like merchant banks, portfolio managers and brokerages
                                     not being subject to prudential regulation. These, according to the report, will need to be
                                     urgently addressed.
                                     Referring to the fact that certain NBFCs, coming under the purview of other regulators,
                                     have been exempted from the regulatory purview of the RBI subject to certain conditions,
                                     the central bank said this has given rise to instances of certain functional activities of some
                                     exempted NBFCs (for example merchant banks) remaining unregulated.

                                   Source:  http://www.thehindubusinessline.in

                                   7.2.1  Progress/Growth

                                   Non-banking Financial Companies have registered significant growth in recent years both in
                                   terms of number and volume of business transactions. NBFCs  started in a small  way in the
                                   sixties and the seventies and tried to serve the needs of the savers and investors whose needs
                                   remained unfulfilled by the Banking system. In the eighties, there was virtually a boom, when
                                   entrepreneurs  suddenly  woke  up to  the  tremendous  possibilities  offered  in  an  economy
                                   chronically affected by the massive paucity of funds and a growing realization of enormous
                                   resource  mobilisation  capacity  offered  by  the  capital  market.  However,  most  of  these
                                   new-borns ignored that rendering financial services was a complicated and demanding business,
                                   involving the continuous raising and deployment of funds in a judicious manner and involved
                                   the consistent identification and  entry into newer and  optimally lucrative  areas of financial
                                   returns. Along with the growth of Indian economy, NBFCs  have also grown gradually into
                                   institutions that can provide services similar to that of commercial banks in the country.
                                   The growth of NBFCs in India was more pronounced in last two decades. Several factors have
                                   contributed to the growth of these institutions. Their tailor made services, customer-orientation,
                                   minimum procedures and simplicity, speed of operations, etc. have attracted more and more
                                   customers to them. The monetary and credit policy followed in the country in the recent past has
                                   left a section of borrowers outside the purview of banking system and these NBFCs increasingly
                                   hatred to these sections. Comprehensive regulation of the commercial Banks and the absence or
                                   less rigorous regulations over NBFCs have also contributed to the phenomenal growth or the
                                   latter in terms of heir numbers, clientele deposits and Net Owned Fund (NOF).

                                   However, most of these companies possessed neither the inclination nor the mental and attitudinal
                                   ability to acquire  these traits.  A host of factors  such as  the erosion  of margins due to over
                                   concentration of blue chip companies, a  high rate of default by lessees,  severe problems in
                                   sustaining consistent and adequate utilisation of resources, sales tax and turnover tax levied on
                                   lease by respective state government and dubious accounting practices by some companies, all
                                   combined in an unholy alliance to sound the death knell for most companies in this budding
                                   industry. This rapid growth in the business of NBFCs also brought in  its wake the need for
                                   effective regulatory action to protect the interests of investors.

                                   The Reserve Bank has  started regulating the activities of NBFCs with the  twin objectives  of
                                   ensuring that they subserve the financial system efficiently and do not jeopardise the interest of
                                   depositors. In the backdrop of general sickness in the real estate market and some of the industrial
                                   activities coupled with steep decline in the value of some of the unquoted shares, the NPAs of
                                   NBFCs have registered an upward trend. The profitability of NBFCs has generally come under
                                   strain due to mandatory provisioning requirements against NPAs. The provisions in the RBI Act
                                   which, till recently were considered inadequate to deal with the growing number of weak and




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