Newspaper reports have indicated that NABARD is keen (and all set) on taking over as the regulator of the Microfinance sector once the Y.H.Malegam committee submits its report (some time in December 2010). While the reasoning for this appointment has not been given due attention, one could assume that NABARD will be the regulatory body due to its early work on the microfinance sector. However, this could be a mistake on the part of the Government of India for a variety of reasons. If the Government of India is serious about regulating microfinance and the growth of the sector, it would be prudent to give the role of regulating the MFIs to the Reserve Bank of India. This is not to challenge the ability of the NABARD to play the role of a strong regulator.
Over the past two decades, RBI has emerged as the regulator that is among the better regulators due to its conservatism and its balanced approach - both of which are critical if the Microfinance sector is to be cleaned. A large part of NABARD's work in the sector seems to have been during the early part of the 1990s and the early 2000s. The microfinance sector has changed substantially since 2005. Before 2005, MFIs operated like most of the other NGOs. Since 2005, 'for profit' MFIs have become the dominant players in the sector. Importantly, the MFIs now operate like any other Non-banking financial services firm, lending money, borrowing money, raising equity, etc. SKS Microfinance is reportedly keen on entering lending money keeping gold as the collateral. However, the changing characteristic features of the MFIs and its growing inter-linkages with the banking sector means that it would be more prudent that the role of regulating MFIs should be vested with the RBI rather than any other regulator.
MFIs have not only borrowed huge amounts from the banking sector, but the fact that their rise is largely due to the priority sector funding provision means that they their growth is intricately tied to banking policy. RBI's experience and effectiveness of regulating Non-banking financial companies is second to none. The single most important reason why the RBI should be in-charge is the recent trend of Securitised loan products of the MFIs which is estimated at over Rs.1000 crores (Business Standard, Hyderabad Edition, Section II, 26 November 2010, p.I). Most of this securitisation has now come to halt. The largest buyers of these securitised loan products are other banks since they offer 9-12 percent returns and also the priority sector provision. Understanding new financial products is a difficult proposition, especially the more esoteric of the financial products, and it is doubtful that NABARD has the ability to regulate such products, which are bound to become an important part of the MFI transactions in future, just as it would be for the other segments of the financial sector. The last but not the least important reason why the RBI should regulate the microfinance business, is that there is no justification why one segment of moneylenders should be out of their purview when till date all categories of moneylending and banking business falls under the purview of the RBI. The banking regulator has sufficient experience of dealing with financial institutions/companies that use violent methods to collect loans. Violent methods to collect loans was a common recourse of various banks and the practice came to halt after RBI took a serious view after increasing complaints and after strong strictures from the Supreme Court of India. This is not to claim that RBI's regulation of the microfinance sector is the panacea for the mess that microfinance sector now finds itself.
The interest of the MFIs to be regulated by NABARD is understandable: It is unlikely to have teeth to punish recalcitrant MFIs unlike the RBI, whose penal actions could make the MFI section shudder due to the dependence of the MFIs on the banking sector. Interestingly, when the problems of the sector came to light in Andhra Pradesh, MFIs claimed that they fall under the purview of the RBI as they are registered NBFCs. One needs to wonder the motives why the MFIs may prefer regulation by NABARD rather than RBI. However, MFIs would be well advised to note that their celebrations should be postponed as they still have to deal with a very formidable law enforcement agency: the Andhra Pradesh Police. Over the last five years, AP Police have been in the forefront of a crackdown on private moneylenders, whom they consider as "modern day Shylocks" (as one Assistant Commissioner of Police in Vijayawada opined during the course of my field study). AP Police have also cracked down on pyramid schemes which has forced even companies like Amway attempt to reinvent themselves as Fast Moving Consumer Goods (FMCG) companies. Amway now regularly advertises its products on national television in India unlike in most of the countries after the AP police action forced them to reinvent their business model.
The MFI business just got more complicated: the Maoists in AP have asked them to leave the villages (The Times of India, Hyderabad Edition, 27 November 2010, p.4). This should be all the more reason why the AP Police are likely to be more interested in stopping the excesses of the MFIs so that they do not have another headache at hand. All due credit has to be given the AP Police who have surprisingly been in the forefront of the State actions against MFIs, by reacting with great speed and curbing strong-arm tactics by loan collecting agents of the MFIs. Andhra Pradesh DGP was one of the first to warn the MFIs that they would be held criminally liable for any strong-arm tactics.
Over the past two decades, RBI has emerged as the regulator that is among the better regulators due to its conservatism and its balanced approach - both of which are critical if the Microfinance sector is to be cleaned. A large part of NABARD's work in the sector seems to have been during the early part of the 1990s and the early 2000s. The microfinance sector has changed substantially since 2005. Before 2005, MFIs operated like most of the other NGOs. Since 2005, 'for profit' MFIs have become the dominant players in the sector. Importantly, the MFIs now operate like any other Non-banking financial services firm, lending money, borrowing money, raising equity, etc. SKS Microfinance is reportedly keen on entering lending money keeping gold as the collateral. However, the changing characteristic features of the MFIs and its growing inter-linkages with the banking sector means that it would be more prudent that the role of regulating MFIs should be vested with the RBI rather than any other regulator.
MFIs have not only borrowed huge amounts from the banking sector, but the fact that their rise is largely due to the priority sector funding provision means that they their growth is intricately tied to banking policy. RBI's experience and effectiveness of regulating Non-banking financial companies is second to none. The single most important reason why the RBI should be in-charge is the recent trend of Securitised loan products of the MFIs which is estimated at over Rs.1000 crores (Business Standard, Hyderabad Edition, Section II, 26 November 2010, p.I). Most of this securitisation has now come to halt. The largest buyers of these securitised loan products are other banks since they offer 9-12 percent returns and also the priority sector provision. Understanding new financial products is a difficult proposition, especially the more esoteric of the financial products, and it is doubtful that NABARD has the ability to regulate such products, which are bound to become an important part of the MFI transactions in future, just as it would be for the other segments of the financial sector. The last but not the least important reason why the RBI should regulate the microfinance business, is that there is no justification why one segment of moneylenders should be out of their purview when till date all categories of moneylending and banking business falls under the purview of the RBI. The banking regulator has sufficient experience of dealing with financial institutions/companies that use violent methods to collect loans. Violent methods to collect loans was a common recourse of various banks and the practice came to halt after RBI took a serious view after increasing complaints and after strong strictures from the Supreme Court of India. This is not to claim that RBI's regulation of the microfinance sector is the panacea for the mess that microfinance sector now finds itself.
The interest of the MFIs to be regulated by NABARD is understandable: It is unlikely to have teeth to punish recalcitrant MFIs unlike the RBI, whose penal actions could make the MFI section shudder due to the dependence of the MFIs on the banking sector. Interestingly, when the problems of the sector came to light in Andhra Pradesh, MFIs claimed that they fall under the purview of the RBI as they are registered NBFCs. One needs to wonder the motives why the MFIs may prefer regulation by NABARD rather than RBI. However, MFIs would be well advised to note that their celebrations should be postponed as they still have to deal with a very formidable law enforcement agency: the Andhra Pradesh Police. Over the last five years, AP Police have been in the forefront of a crackdown on private moneylenders, whom they consider as "modern day Shylocks" (as one Assistant Commissioner of Police in Vijayawada opined during the course of my field study). AP Police have also cracked down on pyramid schemes which has forced even companies like Amway attempt to reinvent themselves as Fast Moving Consumer Goods (FMCG) companies. Amway now regularly advertises its products on national television in India unlike in most of the countries after the AP police action forced them to reinvent their business model.
The MFI business just got more complicated: the Maoists in AP have asked them to leave the villages (The Times of India, Hyderabad Edition, 27 November 2010, p.4). This should be all the more reason why the AP Police are likely to be more interested in stopping the excesses of the MFIs so that they do not have another headache at hand. All due credit has to be given the AP Police who have surprisingly been in the forefront of the State actions against MFIs, by reacting with great speed and curbing strong-arm tactics by loan collecting agents of the MFIs. Andhra Pradesh DGP was one of the first to warn the MFIs that they would be held criminally liable for any strong-arm tactics.