In a bid to prevent the 'unhealthy practices' and distribute risk to a wide spectrum of investors, the Reserve Bank of India (RBI) has tightened the non-banking finance company (NBFC) securitization norm, by setting a 95 per cent cap on the loans it is selling to another company. Thus with the new norm, the NBFC will have to retain a minimum 5 per cent of the loan being sold to another entity, with a further condition of not selling or securitizing a loan unless three monthly installments have been duly paid by the borrower.
In order to prevent unhealthy practices surrounding securitization viz., origination of loans for the sole purpose of securitization and in order to align the interest of the originator with that of the need that originators should retain a portion of each securitization originated. Further, these guidelines are expected to be implemented by NBFCs in two phases by October end.
As per the new guidelines, loan up to two years could be securitized only after three monthly installments have been duly paid by the borrower. The limit for loans between two and five years is pegged at six months and above five years, would be 12 months. With regard to minimum retention requirement (MRR) for securitization, RBI mandated NBFC’s selling loans to retain 5 per cent of the amount, if the loan is for less than two-year period and 10 per cent if it is of over two years.
Further according to the guidelines, NBFCs should formulate policies regarding the process of due diligence to be exercised by their own officers to satisfy the Know Your Customer (KYC) requirements and credit quality of the underlying assets.
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