ARTICLE
10 January 2020

Review Of Master Directions - Non-Banking Financial Company – Peer To Peer Lending Platform (Reserve Bank) Directions, 2017

DL
DSK Legal

Contributor

DSK Legal is known for its integrity, innovative solutions, and pragmatic legal advice, helping clients navigate India’s complex regulatory landscape. With a client-centric approach, we prioritize commercial goals, delivering transparent, time-bound, and cost-effective solutions.

Our diverse and inclusive culture fosters innovative thinking, enabling us to craft exceptional legal strategies. Recognized for excellence, we attract top talent and maintain strong global networks, ensuring seamless support for cross-border matters and reinforcing our position as a trusted legal partner.

The RBI, pursuant to its circular no. RBI/2019-20/121 DOR.NBFC(PD) CC.No.106/03.10.124/2019-20 dated 23 December 2019, issued to all non-banking ...
India Finance and Banking

The RBI, pursuant to its circular no. RBI/2019-20/121 DOR.NBFC(PD) CC.No.106/03.10.124/2019-20 dated 23 December 2019, issued to all non-banking financial companies, has decided as follows:

  1. the aggregate exposure of a lender to all borrowers at any point of time, across all P2P platforms, shall be subject to a cap of Rs. 50,00,000 (increased by five times from the existing limits of Rs. 10,00,000) provided that such investments are consistent with the net worth of the concerned lender;
  2. lenders investing more than Rs. 10,00,000 across P2P platforms shall provide a certificate to P2P platforms from a practicing-chartered accountant, certifying minimum net-worth of Rs. 50,00,000;
  3. lenders shall provide a declaration to P2P platforms, stating thereunder that they have understood all the risks associated with lending transactions and that P2P platform does not assure return of principal/payment of interest; and
  4. the escrow accounts which are required to be operated by a bank promoted trustee for transfer of funds, need not be mandatorily maintained with a bank which has promoted the trustee.

DSK Legal's Observations: The above circular is seen as a move by the RBI, to boost peer-to-peer (P2P) lending platforms. Increasing the existing limits for lenders across all P2P platforms and the removal of the requirement of escrow accounts to be operated by a bank-promoted trustee for transfer of funds will aid in providing flexibility in operations. Additionally, declaration from lenders and a certificate of minimum net worth seem to be steps towards making the process of P2P lending safer and more reliable.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More