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9 October 2024

AKP Banking & Finance Digest- October 07, 2024

AP
AK & Partners

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The Reserve Bank of India ("RBI") has released a draft circular revising regulations related to permissible forms of business and prudential investment norms for scheduled commercial banks...
India Finance and Banking

1. Regulatory Updates

1.1. India

1.1.1 RBI drafts new business and investment rules for banks

The Reserve Bank of India (“RBI”) has released a draft circular revising regulations related to permissible forms of business and prudential investment norms for scheduled commercial banks and non-banking financial companies (NBFCs). These amendments aim to safeguard core banking activities, streamline risk-bearing business operations, and establish clearer guidelines for group entities. The proposed framework provides banks with greater operational freedom in investment decisions, subject to specific prudential limits and prior approval requirements. The revised regulations will be implemented over two years following the release of the final circular. RBI

1.1.2. RBI releases new compounding rules under FEMA 2024

The central government, under the powers granted by the Foreign Exchange Management Act (“FEMA”), 1999, has notified the Foreign Exchange (Compounding Proceedings) Rules, 2024. These rules streamline the process for

compounding violations of FEMA regulations by allowing individuals or entities to apply for compounding of contraventions, excluding those involving serious cases

such as money laundering or terror financing. RBI will oversee these proceedings at regional offices to reduce the compliance burden. RBI

1.1.3. RBI issues advisory against irregular practices observed in gold loans

Pursuant to a review carried out by the RBI of the practices followed by Supervised Entities (SEs) regarding loans against the pledge of gold ornaments and jewellery, the RBI identified several irregular practices in this activity. These include the improper use of third parties for loan sourcing, valuation of gold without the customer's presence, inadequate due diligence, lack of transparency in gold auctions following defaults, and weaknesses in monitoring Loan-To-Value (LTV) ratios. RBI

1.1.4. RBI issues guidelines on non-resident guarantees for Indian residents

RBI has issued a directive to all Category-I Authorised Dealer (“AD”) banks regarding the due diligence required for guarantees provided by non-residents to Indian residents. This includes Standby Letters of Credit (SBLCs) and performance guarantees, which are sometimes non-compliant with FEMA regulations. The RBI instructs AD banks to ensure all guarantee contracts for their resident clients adhere to the applicable FEMA guidelines. This directive is issued under sections 10(4) and 11(1) of the FEMA Act, 1999. RBI

1.1.5. Monetary Penalties

RBI imposes monetary penalties on the following financial institutions:

Name of the Financial Institution

Penalty Imposed

Reasons

Jai Bhawani Sahakari Bank Ltd., Pune, Maharashtra

INR 1,50,000/- (Indian Rupees One Lakh Fifty Thousand only)

Contravention of/non-adherence with directions issued by RBI on ‘Know Your Customer (KYC)' and ‘Maintenance of Deposit Accounts – Primary (Urban) Co-operative Banks'.

1.2. Philippines

1.2.1. BSP and BAP enhance capital market development through yield curve benchmarks

The Bangko Sentral ng Pilipinas (“BSP”) and the Bankers Association of the Philippines (“BAP”) are advancing capital market development with two key initiatives aimed at creating a more effective yield curve. These include the establishment of an enhanced Peso Interest Rate Swaps (“Peso IRS”) market and the expansion of a repurchase (repo) market for government securities. The new Peso IRS will feature a reliable overnight reference rate, supported by 15 (fifteen) market-making banks, which will help improve loan pricing and provide benchmarks across various maturities. Bangko Sentral Ng Pilipinas

1.2.2. BSP eliminates digital payment fees to boost financial inclusion

BSP will remove fees on electronic fund transfers for personal transactions and payments to micro-merchants, effective April 2025. This initiative aims to enhance financial inclusion and accessibility, benefiting consumers and small businesses by reducing digital transaction costs. Senate President Francis “Chiz” Escudero praised the move as timely, emphasising that even small fees can accumulate to significant savings over time. Fintech News Philippines

1.3. Sri Lanka

1.3.1. CBSL issues new corporate governance guidelines for licenced banks

The Central Bank of Sri Lanka (“CBSL”) has issued new Banking Act Directions No. 05 of 2024 on Corporate Governance for Licenced Banks, effective 1 January 2025. These guidelines, aimed at enhancing the governance framework of licenced banks, replace the 2007 Directions and focus on improving board composition, independence, and oversight with strengthened measures on risk management, conflicts of interest, and related party transactions. Central Bank of Sri Lanka

2. Trends

2.1. SEBI grants in-principle approval to Jio Financial-BlackRock mutual fund venture

Jio Financial Services, in partnership with BlackRock, has received in-principle approval from Securities and Exchange Board of India (“SEBI”) to establish a mutual fund business in India. The approval, granted on October 3, 2024, follows the companies' joint venture announced over a year ago. Final registration is contingent on meeting specific SEBI requirements. The partnership aims to transform India's asset management market, combining Jio's financial services platform with BlackRock's global expertise. With a digital-first approach, the venture seeks to democratise access to the INR 50 lakh crore (Indian Rupees Fifty Lakh Crore only) mutual fund industry, alongside wealth management and broking services introduced in April 2024. Inc42

2.2. India to enhance fintech collaboration with Bhutan

Finance Minister Nirmala Sitharaman announced India's plans to bolster fintech support for Bhutan, emphasising the increasing adoption of Unified Payments Interface (“UPI”) and RuPay cards in the neighbouring nation. During a bilateral meeting with Bhutan's Finance Minister Lyonpo Lekey Dorji, Sitharaman greeted Bhutan's royal family and acknowledged the strong partnership between the two countries. The initiative reflects their shared commitment to mutual growth and prosperity. Business Standard

3. Sector Overview

3.1. Indian startups raise over USD 4 billion in 2024

Indian startups demonstrated resilience in the third quarter of 2024, attracting over USD 4 billion (United States Dollar Four Billion only) in funding, nearly matching the previous quarter's total and surpassing the first quarter of the year. The robust funding environment included 352 (three hundred and fifty-two) deals, with notable contributions from early-stage startups, highlighting a recovery amid challenging conditions. Entrackr

3.2. UPI transactions rise marginally to 15.04 billion

UPI transactions grew by 0.53 per cent (zero point five three per cent) in September, reaching 15.04 (fifteen point zero four) billion and a value of INR 20.64 lakh crore (Indian Rupees Twenty Lakh Sixty-Four Thousand Crore only). Year-on-year, transaction volume increased by 31 per cent (thirty-one per cent). PhonePe and Google Pay hold 48.4 per cent (forty-eight point four per cent) and 37.3 per cent (thirty-seven point three per cent) market shares, respectively. Inc42

4. Business Updates

4.1. Basic Home Loan secures INR 87.5 crore in series B funding

Basic Home Loan, a fintech platform focused on automating home loans for middle and low-income households in India, has raised INR 87.5 crore (Indian Rupees Eighty-Seven Crores and Fifty Lakh only) in a Series B funding round. The investment was led by Bertelsmann India Investments and included contributions from existing investors. Since its launch in 2020, Basic Home Loan has supported nearly 2,50,000 (two lakh and fifty thousand) families, disbursing over USD 1.1 billion (United States Dollar One Billion and Hundred Million only) in loans and achieving significant revenue growth through its innovative solutions. The Economic Times

4.2. Cred cuts losses to INR 609 crore in FY24

Cred, the Bengaluru-based fintech firm, reported a sharp reduction in operating losses to INR 609 crore (Indian Rupees Six Hundred and Nine Crore only) in Financial Year (“FY”) 2024, down from INR 1,024 crore (Indian Rupees One Thousand and Twenty-Four Crore only) in FY23. The company's revenue surged 66 per cent (sixty-six per cent) to INR 2,473 crore (Indian Rupees Two Thousand Four Hundred and Seventy-Three only), driven by increased Monthly Transacting Users (MTUs) and reduced marketing expenses by 36 per cent (thirty-six per cent). Business StandardTop of Form

4.3. Peak XV reduces fund size amid overheated Indian market

Peak XV Partners has reduced its USD 2.85 billion (United States Dollar Two Billion and Eight Hundred Fifty Million only) India and Southeast Asia fund by USD 465 million (United States Dollar Four Hundred Sixty-Five Million only), citing inflated valuations in the Indian market. The firm is also cutting fees and shifting to a more traditional 2:20 (two to twenty) profit-sharing model. Inc42

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