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Session 1
Financial Inclusion
• What?
• Financial inclusion may be defined as the process of ensuring access to
financial services and timely and adequate credit where needed by vulnerable
groups such as weaker sections and low income groups at an affordable cost
(The Committee on Financial Inclusion, Chairman: Dr. C. Rangarajan)
• What all ?- Facets of Financial inclusion
• Financial Inclusion, broadly defined, refers to universal access to a wide
range of financial services at a reasonable cost. These include not only
banking products but also other financial services such as insurance and
equity products (The Committee on Financial Sector Reforms, Chairman:
Dr.Raghuram G. Rajan).
• Why?
Good Governance- a pre requisite
• Manner in which power is exercised to
manage a country’s economic and social
resources for development- World Bank
• UNDP lists 9 major characteristics of good Governance:
1. Participation
2. Rule of the Law
3. Transparency
4. Responsiveness
5. Consensus orientation
6. Equity
7. Effectiveness and Efficiency
8. Accountability
9. Strategic Vision
History of Banking
• 9000 BC – Grain Money and Cattle Money
• 8000 BC- Record keeping
• Temples
• First banks – Merchants 2000 BC Babylonians-
later in ancient Greece and Roman Empire
• First bank – Venice 1157 AD
• Modern banking: Money Dealers in Florence
14th Century
History of Banking In India
• Vedic Times: 2000 BC to 1400BC
• Rig Veda
• Arthashastra
• Mughal Period
• Agency House – Bombay, Calcutta and Madras
• 17th century
• Bank of Hindustan -1771 –collapsed in 1832
• Presidency Banks-
• Bank of Calcutta -2nd June 1806- Bank of Bengal 1809
• Bank of Bombay and Bank of Madras
• Imperial Bank of India – 1921- banker’s bank and Banker to Government
• RBI- 1935
• Imperial Bank of India - SBI- 1955 (SBI Act 1955)
What are the advantages of having a
bank account?
• A Bank account gives us an identity which is
recognized
by other government agencies.
• Transactions are transparent in a bank account i.e.
we know all the details of deposits,
• withdrawals, interest etc.
• Banks are non discriminatory i.e. rules are same in
the bank for similar type of customers.
• Our money in a bank account is safe.
• Banks open savings, recurring and fixed deposit accounts according
to our needs and pay interest on deposits.
• We can get our wages/salary directly credited to the bank account.
• We can get all social benefits like MGNREGA wages, pensions etc.
directly credited to bank account through EBT.
• We can deposit or withdraw our money from the bank whenever
we need.
• We can take loan from the bank in case of necessity. Banks give
loans for productive purposes at reasonable interest rates.
• If we have a bank account, sanctioning of loans becomes easier.
• We can send remittance through the bank.
Different types of deposit accounts
• Savings deposit account
• is for depositing our day to day surplus.
• We can withdraw our money whenever we need it.
• We can also get an overdraft (Loan for emergency needs) in
our saving account.
• Eradication of unemployment
• An appreciable rise in the standard of living
for the poorest of the poor
• Provision of some of the basic needs of the
people who belong to poor sections of the
society
Role and Function of Lead Bank: lead
bank scheme
• A monitoring mechanism to periodically assess and evaluate the
progress made in achieving the roadmap to provide banking
services within the time frame prescribed.
• Identification of Non-banked/underbanked areas for providing
banking services in a time bound manner with a view to achieving
100% financial inclusion
• The specific issues inhibiting and enabling IT enabled financial
inclusion
• Issues to facilitate ‘enablers’ and remove/minimize ‘impede-rs’ for
banking development for inclusive growth
• Monitoring initiatives for providing ‘Credit Plus’ activities by banks
and State Governments such as setting up of Credit Counseling
Centers and RSETI type Training Institutes for providing skills and
capacity building to manage businesses.
• Review of performance of banks under Annual Credit
Plan (ACP)
• The flow of credit to priority sector and weaker
sections of the society
• Assistance under Government sponsored schemes
• Grant of educational loans
• Progress under SHG – bank linkage
• SME financing & bottlenecks thereof, if any
• Timely submission of data by banks
• Review of relief measures (in case of natural
calamities wherever applicable)
Development Initiatives by RBI
• Lead bank Scheme:
• A district is chosen as a unit of development
• One bank is assigned as a Lead Bank for one district
• Lead bank scheme envisage:
• Credit planning
• Co-ordination of activities of banks, FIs and Govt Depts
• Overseas the flow of credit to various sectors in rural
areas
• Implementation of Govt sponsored poverty alleviation
and employment generation schemes.
Structure
• State Level Bankers’ Committee(SLBC) apex inter-
institutional forum to create adequate coordination machinery in all States, on a uniform
basis for development of the State
Number of Number of
Number of Number of
Beneficiaries at Beneficiaries at No Of Rural- Deposits in
Total Rupay Debit
Bank Name / Type rural/semiurban urban metro Urban Female Accounts(In
Beneficiarie Cards issued to
centre bank centre bank Beneficiaries Crore)
s beneficiaries
branches branches
• Possibility of use of
Platform moderates coercive methods
for recovery cannot
interaction between Lender be ruled out
borrowers and transfers
lenders money to
borrowers
Borrower accepts or bank account
rejects
Revenue and fee structure of P2P
models
• The following material / sources have been used for the preparation of this PPT
• Financial Inclusion Growth and Governance – by Deepali Panth Joshi
• http://planningcommission.nic.in/reports/genrep/rep_fr/cfsr_all.pdf
• https://pmjdy.gov.in/
• https://www.rbi.org.in/scripts/PublicationsView.aspx?id=17412\
• https://www.prnewswire.com/news-releases/metlife-foundation-innovation-competition-in-partnership-with-verb-inc-
awards-100000-grant-to-swadhaar-saathi-300448792.html
• https://www.appbrain.com/app/swadhaar-saathi-beta/com.swadhaar
• https://en.wikipedia.org/wiki/Main_Page
• https://rbidocs.rbi.org.in/rdocs/content/pdfs/CPERR280416.pdf
Session 2
Basics of Insurance
• Categories of pure risk
– Personal Risk
– Property Risk
– Liability Risk
– Failure of others
• Peril: The event that is causing risk
• Hazard: accentuating factor of peril
• Physical Hazard: Building, house, bank of a
river etc.
• Moral Hazard: Tendency to take the system for
a ride
• Legal Hazard: Consequence of government
regulations
• Dynamic Risk: Changes with time
• Static Risk: Remains same with time
• Fundamental Risk: eg floods- requires
government to step in
• Particular Risk: which a private insurance
company can manage
Insurance Terminology
• Ex Ante
• Ex Post
• Aleatory Contract
• Pecuniary relationship
• Valued Policy
• Cash Policy
• Pro Rata
• Exculpatory Clause
• Concealment
• Warranty
• Proximate Loss
• Deductible
• Endowment
Insurance Terminology
• Exclusion
• Conditions/ duties
• Agency ship
• Express Authority
• Implied Authority
• Apparent Authority
• Reinstatement- put you back where you were
• Indemnity- exactly the loss that is suffered
• Marine Cover
General Insurance
• Crop Insurance
• Health Insurance
• Fire Insurance
• Marine Insurance
• https://uiic.co.in/en/product/marine/Marine-Cargo
• Householder’s Insurance
• https://orientalinsurance.org.in/householder-policy
• Motor Insurance
• Cattle Insurance
• Poultry Insurance
• Weather insurance
Crop Insurance
• Pradhan Mantri Fasal Bima Yojna:
• to provide insurance coverage and financial support to
the farmers in the failure of any of the notified crop as a
result of natural calamities, pests and diseases to restore
their creditworthiness for the ensuing season
• Subsidising the premium( 10-20% by the insured and 80-
90% by the government)
• There will be a uniform premium of only 2% to be paid by
farmers for all Kharif crops
• 1.5% for all Rabi crops
• In case of annual commercial and horticultural crops, the
premium to be paid by farmers will be only 5%.
• Weather Insurance
• The following general insurance
companies are empanelled by Govt of India to
transact Crop Insurance:
• Benefits:
Life risk with accident benefit, is generally being offered under term
products. A majority offer accident benefit and some offer permanent
disability benefit too under term products.
Capping:
No one is paying any Bonus in addition to the sum assured. The sum
assured is capped between Rs 5,000 and Rs 50,000 or is defined as 100
times the annual premium. Some are giving refund or more than 110% of
premium at maturity under term products. Others are not giving any
maturity value. Majority are offering under non-medical scheme.
Automatic acceptance if size of the group is more than 200 members.
• Refund of Premium:
Most insurers are giving a refund of premium in case of suicide during the
first year. Some entertain a refund for Single premium cases only.
• Terms of Product:
While majority offer one year term, some are offering 5/ 10 year terms
under Group product.
• Term of Policy:
Insurers offering Individual Term are offering 3/5/10/15
(premium paying term restricted to 10 years) year policies.
Majority are allowing different modes of premium payment,
including Monthly and Yearly premium.
• Freelook Cancellation:
Insurers are offering a Free look cancellation during the 30/15
days period after receiving the policy bond. Majority are
giving a 30 day Grace period. Revival eligibility varies between
6 months to 2 years.
• Category of Products: Health
• Benefits:
Disability, hospitalisation, loss, etc Popular format of Health
insurance cover is a fixed sum in case of the hospitalisation
(Pre, during and Post).
• Generally, benefits are 150 Rs/day hospitalisation expenses,
• consultant fee up to Rs 4500/hospitalisation,
• diagnostic expenses up to Rs 4500/hospitalisation,
• transportation expenses Rs 350 per hospitalisation.
• One overall limit for hospitalisation may be defined as Rs
15,000 and overall sum Insured for one year defined as Rs
30,000. Group products with discounts offered to the
members/clients of MFIs and NGOs and to specific sections of
the population (such as all the BPL families in a state).
• Condition:
Entire family needs to be covered under one Sum Assured,
any number of times.
Yeshashvini
• Yeshasvini cooperative farmers health care scheme
• 1.6 million people enrolled
• There are around 572 network hospitals under the
Yeshasvini Co-operative Farmers Health Care Scheme.
• To provide quality health care within the reach of rural
co-operator based on the collective power of masses to
provide for themselves, expensive Health Care through
‘Self Funded’ scheme in Karnataka
• FY2017-18, Rs.300 is the member contribution for
Rural Yeshasvini, and for Urban Yeshasvini, it is Rs.710.
• The scheme is open to all rural co-operative society members,
members of self help group/Sthree Shakti Group having financial
transaction with the Cooperative Society/Banks, members of
Weavers, Beedi Workers and Fisherman Cooperative Societies.
• In the beginning of scheme plan was open to all members, spouse,
dependent children and married daughters were eligible to avail
benefit in their husband’s family only.
• Now the benefit has been extended to all members in a joint family
including married children, daughter in law, grand children and etc.
• A person (he/she) is defined as : a member of cooperative society
at least for period of six months prior to the date of
commencement of the Scheme every year .
• Scheme period : Starts on August 1st and ends on July 31st
• He/She can enroll all members of their family (Joint Family
members including parents, Children and Grand Children) even
though they are not members of the cooperative society.
The Yeshasvini Health Insurance Scheme implementation
process is as follows:
• The Yeshasvini beneficiary visits a network hospital that
the trust recognises and approves of.
• A coordinating officer of the network hospital will
examine the beneficiary’ UHID card.
• Then the patient has to undergo initial diagnosis and few
basic medical tests.
• Depending on the initial diagnosis, the network hospital
will send a pre-authorisation request online with
supporting documents to the MSP (Management
Support Service Provider).
• Doctors appointed by the MSP will examine the request
and approval will be given within a day.
• Making note of the limits specified under the scheme,
cashless treatment will be provided to the beneficiary by
the network hospital.
• After discharge, the network hospital will submit the
original bills, discharge summary, and other medical
documents to the MSP for settling the claim.
• The trust will settle the claim to the network hospital
through the MSP within 45 days of receipt of the
documents.
Pradhan Mantri JeevanJyoti Bima
Yojna(PMJJBY)
• The scheme is a one year cover Term Life Insurance
Scheme, renewable from year to year, offering life
insurance cover for death due to any cause.
• Pradhan Mantri Jeevan Jyoti Bima Yojana is available to
people between 18 and 50 years of age with bank accounts
.
• Life Insurance Cover of Rs. 200,000 provided
• Policy is administered by LIC or any other life insurance
provider
• Premium of Rs. 330 per person per annum is deducted by
auto debit instructions given by the insured
• Age limit of getting into the scheme 18 years to 50 years
• Coverage up to age of 55 years
Parameters As on. 01.02.2017 As on 23.04.2018 % Change
Note assets
• Financial needs of the poor
– Life Cycle needs
– Emergency Needs
– Investment Needs
• Why Microfinance
Genesis of Microfinance
• SHGs
• JLGs
• Grameen Bank Model
Self Help Group
• Self-Help Group (SHG) is a small voluntary association of poor
people, preferably from the same socio-economic background.
• They come together for the purpose of solving their common
problems through self-help and mutual help.
• The SHG promotes small savings among its members.
• Objectives:
– To sensitize people of target area for the need of SHG and its relevance in
their empowerment process.
– To create group feeling among members.
– To enhance the confidence and capabilities of members.
– To develop collective decision making among members.
– To encourage habit of saving among members and facilitate the
accumulation of their own capital resource base.
– To motivate members taking up social responsibilities particularly related
to development.
• SHGs may or may NOT be registered.
• Number of members is between 10-20.
• The SHG may discuss and finalise a set of
byelaws, indicating rules and regulations for the
SHG's functioning and also roles and
responsibilities of members.
• It is better to have a written set of byelaws.
• The Self Help Promoting Institution (SHPI) and
bank may guide the SHGs in this.
• There are regular weekly or fortnightly meetings.
SHGs
• 1980- The SHG movement was spearheaded by a few
pioneering NGOs and supported by the banking
system
• Failure of IRDP and its allied programs forced govt to
introduce SGSY-
• 1996- RBI included financing SHGs as the mainstream
activity under priority sector lending
• 2000- state governments started emerging as major
SHG Promoting Institutions(SHPIs)
• 2005- by this time Sate Govt of most states had several
schemes designed for the welfare of the poor that
were delivered through SHGs
• Today SHG federations are being used primarily as
channels for delivering most development and welfare
schemes
• The following criteria would broadly be adopted
by NABARD for selecting SHGs:
• a) The Group should be in existence for at least
six months.
b) The Group should have actively promoted the
savings habit.
c) Groups could be formal (registered) or informal
(unregistered).
d) Membership of the group could be between 10
to 25 persons
SHG Bank Linkage
• Types of SHGs:
– Groups promoted by NGOs
– Groups promoted by Banks
– Groups promoted by govt department/ agencies
– Groups promoted by SHG Federations
• SHG formation:
• Helping form SHGs
• Preliminary visit
How are groups formed
• Homogeneity
How are groups formed
• Homogeneity
• Similar experience of poverty
• Similar living conditions
• Same kind of livelihood
• Same community or caste
• Same place of origin
What questions to ask
1. Does the family have only one earning member?
2. Does the family bring drinking water from far away
places?
3. Are women compelled to go for open defecation in
absence of toilets?
4. Are there old and illiterate members in the family?
5. Are there permanently ill members in the family?
6. Are there children in the family who do not go to
school?
What questions to ask
7. Is there a drug addict or drunkard in the family?
8. Is their house made of kuccha material?
9. Do they regularly borrow from moneylenders?
10. Do they eat less than 2 meals a day?
11. Do they belong to scheduled castes or scheduled
tribes?
3-4
Formation continued
• Organising group meetings
• Membership:
– Some member leave
– Some new members will come in
– The members slowly learn to decide subjects for the
meeting
– They learn to conduct the meetings
– They learn to understand the value of records and
documents
– They want to remain together and help each other
Formation continued
• Leadership
• Organising meetings
• How do SHGs function?
• Rules
• Common agreement on when to meet
• Decision on time and place of meeting
• Agreed penalties on non attendance
• Agreement on amount of saving
• Giving small loans to each other
• Taking loans from banks, repayment habits
Book keeping
• Basic mathematics
• Keeping of books
– Minutes book
– Savings and loan register
– Weekly register
– Member’s pass book
• Scheduling meetings
• Social aspects like women empowerment
• Basics of lending money, borrowing and repaying
Characteristics of an SHG
• 10- 20 members
• Registered/ Unregistered
• One Family One member
• Only men or only women groups
• Same social and financial background
• Group should meet regularly
• Compulsory Attendance
Functions of SHG
• Savings and Thrift
• Internal Lending
• Discussing problems
•
Linking SHG to Bank
• Step 1: Opening of S/B account for the SHG
• Resolution
• Authorisation
• Copy of rules and regulations
• S/B Passbook
• Step 2: Conduct of internal lending by the SHG
• Min saving period
• Purpose, T&C , ROI
• Books of accounts
• Case Study: ANARDE Foundation
Step 3: Assessment of SHG
• Annexure I I
Assessing Self
Help Groups for
credit linkage
(b) Of which
under SGSY &
other Govt.
sponsored
Programs (All amounts in Rs. '000)
Exclusive
Women SHGs
(b) Of which
under SGSY &
other Govt.
sponsored
Programs
Session 6
Joint Liability Groups
• Informal groups of 4-10 members
• Engaged in similar economic activities
• Willing to jointly undertake to repay the loan
taken by the group from the Bank/MFI
• JLGs are basically credit groups unlike SHGs
• Financing JLGs was introduced as a pilot
project in 2004
• Group and centre concept
Area
information
Promotion
• Sales Pitch
Formation of JLG-Step 1: Sales pitch
• Door to door sales pitch
• Ask women to form a group and a center
• Once center is formed hold another meeting
Ujjivan Group Loan
•
1. Group Loans
• These are purpose based loans given at moderate rates
under Joint Liability Group (JLG) model. It includes
following products:
– Business Loan
– Family Loan
– Agriculture and Allied Loan
– Education Core Loan
– Business Top-up Loan
– Emergency Loan
– Education Loan (Top up)
– Loyalty Loan
Ujjivan Group Loan
• Loan Amount: `2,000 – `60,000
• Rate of Interest: 22% p.a on a reducing balance
method method (governed by the MCLR based
pricing policy of the bank)
• Processing Fee: 1% of loan amount (excluding
applicable GST) (applicable for loans above `25,000)
• Credit Bureau Charges: `10 (including applicable GST)
(applicable for loans above `25,000)
• Tenure: 1 year/1.5 years/2 years
Step 2: Continuous Group Training 1
• Introduce MFI/Bank
• Product detail and sales pitch
• Member number check/ else redo
• Age limit and KYC
• Reason for taking loan and loan requirement
• Document Verification( client and spouse)
• Processing fees, insurance, reducing balance
• Credit bureau
• Selection of group leader
• Roles and responsibilities
• Arrangement
• Collection date time
• EMI details
• Second meeting to be scheduled
GRT or CGT 2
• Form filling: Borrower and spouse
• Home verification
Home Visit and Verification
Customers Customer
Customers family details and Customers
Name of the customer approx surplus/ Remarks
occupation Income
expenditure saving
Things to check
• Is there a consent given by the family members of
the applicant for taking loan?
• Has the applicant taken loan from other MFI?
• What are the other economic activities
undertaken by the family members?
• How much does she earn per month?
• Who has promoted the group?
• Is the customer is in a position to repay/ Has the
customer defaulted before on a loan?
Brach Operations Tele calling
• Each member called
• Asks random questions based on
questionnaire
• Categorises : ok, More verification, Not
recommended
• Branch manager to take final call
• Publishes report
Branch Manager/Product Manager
GRT
• Conducted after successful telly calling
• Introduce himself
• Cross check information filled by loan officer
• Check attendance register
• Conducts home visits
• Checks forms filled
• Recommends loan
S No Question Name of the Answer given Whether Branch
member by the member answers is manager cross
correct ( ) or check
Incorrect ( )
1. How many people in
………..’s family ? (
including the client)
2. What work does
…………do?
3. How long has
……………..lived at the
current address?
4. What work does
…………’s husband/
father / family member
do?
5. Is ……………..’s house
own or rented?
6. How long have you
known
……………………….?
7. What is the center
leaders occupation?
8. Name 4 members of
this group?( BM or LO
to point out a member
and applicant to name
9. How many children
does ……………..have?
10. Does ……………….own
this asset? ( TV, fridge
etc)
Loan sanctioning
• KYC rechecked
• Equifax/ credit bureau report check
• Disbursement kit sent to branch
Loan disbursement
• Details cross checked
• KYC recheck
• Pre disbursement speech
• Group photograph
• Fees deducted from amount
• Loan card filling
• Amount to be counted before Branch Officer
Loan Utilization Check
• By Loan officer
• By Branch manager
• Surprise check by PSM or any other senior
Collection
Grameen Bank Model
• 5 member homogenous affinity groups
• Field worker from Grameen bank facilitates group
formation
• 7 day compulsory training given by Grameen bank( 1-2 hrs
per day)
• GRT
• After passing GRT women become member of Grameen
Bank. Have to pay a small fee
• 8 JLGs form a Centre
• Centre meets every week. Meetings are attended by Bank
assistant
• No group guranttee
Key Areas of Measurement
• Profitability/Sustainability
– Returns on Capital and assets employed
• Asset/Liability Management
– Meeting financial obligations when it is due
– Optimal utilization of assets for profitable purpose
• Portfolio Quality
– Health of loan outstanding
• Efficiency and Productivity
– Cost of MFI vis-à-vis outputs
OSSR
•RC
Years in business proof (YIB) •Bank statement
•ITR/VAT
•Registration certificate
•Property or Municipal tax receipt
Business ownership proof •Registration certificate
•Property or Municipal tax receipt
•ITR/VAT
•Bank statement
Collateral documents •Property documents
•Purchase receipt
•Performa invoice
•Valuation certificate
Primary Securities
•Liquid securities including:
– Assignment of life insurance policies with adequate surrender values
– Pledge of bank fixed deposits
– Kisan Vikas Patras
– National Savings Certificates
•Immoveable assets including:
– Hypothecation of plant, new and old machinery and equipment. LTV
calculated based on valuation
– Land and buildings – purchase deed and mutation details
– Open plots
Collateral Guidelines for Mortgage of
Property
When a property is to be mortgaged as security:
•Minimum ownership of the property varies from Bank to Bank( 1 year
usually)
• in the name of the Applicant or Co-Applicant or blood relative. Property
age criteria (varies from Bank to Bank)
•The property should be approved by development authority (urban location)
or Gram Panchayat (rural location)
•Charge to be created by an Equitable / Registered mortgage of the property
•Mortgage is subject to legal opinion and a compliance process followed by
lawyers on an approved panel
Caution to be exercised
•Business Profit
•Other Income
•Expenses of the house hold
•Existing loan EMIs of the customer
•Net surplus
Loan Process Overview
V
Eligible amount for exemptions on issuance of long-term bonds for
infrastructure and affordable housing ( as per RBI Master Circular)
Advances to
weaker sections
10 percent of ANBC or Credit Equivalent
Amount of Off-Balance Sheet Exposure,
whichever is higher.
. Not applicable
Weaker Section
• Weaker sections under priority sector includes:
• Small and Marginal farmer with land holding of 5 acres or less
• Landless labourers, tenant farmers and share croppers
• Artisans, village and cottage industries where individual credit limit
does not exceed 50,000
• Beneficiaries of SGSY
• Scheduled castes and scheduled tribes
• Beneficiaries of SJSRY
• Beneficiaries under Scheme for Liberalization and rehabilitation of
scavengers
• Advances to SHGs
• Loans to distressed urban/rural poor to prepay debt from non
institutional lenders
Education and housing
• Educational loans only upto 10 lacs in India
and 20 lacs abroad
• Housing: upto 20 lacs for individuals excluding
loans granted by banks to employees
• Damaged repairs: 1 lakh rural and semi urban,
2 lacs urban
Penalties
• Domestic scheduled commercial banks having
a shortfall in lending to priority sector target
are allocated amounts for contribution to
Rural Infrastructure Development Fund (RIDF )
of NABARD
• The corpus of RIFD is decided by Government
of India every year
• The interest rate on Banks’ contribution are
fixed by RBI
• (ii) The Total Priority Sector target of 40
percent for foreign banks with less than 20
branches has to be achieved in a phased
manner as under
Loan amount Loan amount <= 25,000 Loan amount <= 35,000 1st
Total Indebtedness <= 25,000 cycle, <= 50,000 in
subsequent cycles
Total Indebtedness <= 50,000
Pricing of interest 10% margin cap , O/S loan portfolio Margin cap of 12% and
>100 at BoY interest rate cap of 26%
12% margin cap , O/S loan portfolio
<100 at BoY
24% cap on individual loans
Eligibilty
• (i) No non-banking institution other than a
company shall undertake the business of Peer
to Peer Lending Platform.
• (ii) No NBFC-P2P shall commence or carry on
the business of a Peer to Peer Lending
Platform without obtaining a Certificate of
Registration (hereinafter referred to as “CoR”)
from the Bank.
• (iii) Every company seeking registration with
the Bank as an NBFC-P2P shall have a net
owned fund of not less than rupees twenty
million or such higher amount as the Bank
may specify.
• In case of prospective NBFC-P2Ps
• RBI will check and approve as per conditions
mentioned
• (iv) The validity of the in-principle approval -twelve
months from the date of granting such in-principle
approval.
• (v) Within the period of twelve months, the company
shall put in place the technology platform, enter into
all other legal documentations required and report
position of compliance with the terms of grant of in-
principle approval to the Bank.
• (vi) after being satisfied CoR can be granted.
6. Scope of Activities
• Basically the name derives from the fact that it converts the
illiquid assets (mostly loans) into tradable securities.
• XYZ bank generates Rs 200 Cr, once fully subscribed and will
be collecting the cash flows from the borrower and
distributing to investors on a periodic basis for next three
years.
• For 200 cr., assuming no defaults, the 12% = Rs. 24 cr. But
XYZ Bank has to pay out only 9.5% = Rs. 19 cr. So they keep
the profit of Rs. 5 cr. (which allows them to service the
loans, and also to provide for some loss protection in case
of defaults)
Pass Through Certificates
Presented by:
Abhishek Kumar Das
293
293
Index
Open API Act
National Data Sharing and accessability Policy
Privacy Protection Bill
National Cyber Security Policy
Payment and Settlement Act
Consumer Protection Laws
India Stack Impact – on Savings Bank Account opening
India Stack Impact – on Remittances
India Stack Impact – on Retail Foreign Exchange Transactions
Digilocker
UPI
Telecom Sector
294
294
Introduction
295
296
297
Regulatory
Environment
298
Executive Summary
Key findings –
Contract Act, IT Act 2000, Aadhaar Act and Indian Evidence Act have necessary
provisions for the existence and operation of India Stack
eKYC and eSign already in place which are fundamentally essential for India Stack
Key recommendations
Awareness at the end of the end user
Checking of logs and information generated while eSign at third party end
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Aadhaar Act
• Under Sec 29 of the Act Biometric Information can be used for Authentication but cannot be
shared.
• The identity information collected (comprising name, age, gender, and photograph of the
individual , address) can be used and shared post consent of the individual.
• Aadhaar data details cannot be displayed or posted publicly except for the purposes as may
be specified by regulations.
• Aadhaar Based payments-NPCI- Possible to make payment to an Aadhaar Number-Aadhaar
Payment Bridge
• Note : “Consent for sharing Data with agencies welfare services” already given by the
individual as a declaration on the Aadhaar form while filling it up
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UNCITRAL Model Law on Electronic Commerce
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Essentials of an electronic contract( UNCITRAL Model Law)
• An offer needs to be made : goods displayed on a merchant website is not an offer to sell. It is
simply an invitation to offer.
• The offer needs to be accepted
• Procedures available for forming electronic contracts include:
• 1. E-mail: Offers and acceptances can be exchanged entirely by e-mail, or can be combined with
paper documents, faxes, telephonic discussions etc.
• 2. Web Site Forms: The seller can offer goods or services (e.g. air tickets, software etc) through his
website. The customer places an order by completing and transmitting the order form provided on
the website.
• 3. Online Agreements: Users may need to accept an online agreement in order to be able to avail
of the services e.g. clicking on “I accept” while installing software or clicking on “I agree” while
signing up for an email account.
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Are Electronic contracts and Digital signatures valid?
• Under Setion10A of the IT Act 2000, An electronic contract is as legal as a paper contract
• Validity of contracts formed through electronic means (Inserted by ITAA 2008) Where in a contract
formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and
acceptances, as the case may be, are expressed in electronic form or by means of an electronic record,
such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or
means was used for that purpose.
• A digital signature( as prescribed by the Central Government) is as good as a wet signature
• As per the IT Act : Legal recognition of digital signatures- “Where any law provides that information or any
other matter shall be authenticated by affixing the signature or any document should be signed or bear
the signature of any person then, notwithstanding anything contained in such law, such requirement shall
be deemed to have been satisfied, if such information or matter is authenticated by means of digital
signature affixed in such manner as may be prescribed by the Central Government. ”
• E-Governance policy of the Indian Governments supports electronic commerce and electronic contracts
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Information Technology Act 2000 Vs UNCITRAL
• Sec 10 of the Indian IT act is based on Article 11 of the UNCITRAL Model Law.
• “Article 11. Formation and validity of contracts
• (1) In the context of contract formation, unless otherwise agreed by the parties, an offer and
the acceptance of an offer may be expressed by means of data messages. Where a data
message is used in the formation of a contract, that contract shall not be denied validity or
enforceability on the sole ground that a data message was used for that purpose.
• (2) The provisions of this article do not apply to the following: […]. ”
• provisions of the Article 11(2) is a balancing act to balance the need of the Model Law with
the requirement of the prevailing national laws on Contract.
• the Indian Contract Act provides for no such restriction.
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Overview of how Digital Signatures work(old system)
• Section 5 of the IT Act gives legal recognition
to digital signatures based on asymmetric
cryptosystems.
• PKI is the acronym for Public Key
Infrastructure. The technology is called Public
Key cryptography because it works with a pair
of keys(Key Pair) one of which is made public
and the other is kept secret- “Private key”
• Private key is kept confidential with user on a
secure media like crypto smart card or crypto
token
• The public key is shared with everyone.- thus
the data is already in public domain
• Information encrypted by a private key can
only be decrypted using the corresponding
public key
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Overview of how Digital Signatures work(contd.)
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eSign
307
eSign Service at a glance
308
API sequence diagram: eSign
Key features:
•HSM hosted by Third party Service
provider
•Private key created will be destroyed post
30 minutes of creation, one time use
•New certificate generation everytime a
user initiates the process
•Aadhaar Response to be preserved for 6
months
•DCS application to be programatically filled
with digitally signed information received
from eKYC
•Filled in application form to be preserved
•Following to be recorded: - Response code (e-
KYC) - Authentication logs - Communication with CAs
for Certificate issuance - Activation mechanism for
Digital Signature
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Benefits of eSign
Flexible and easy to implement- The authentication options for eKYC include biometric (fingerprint or
iris scan) or OTP (through the registered mobile in the Aadhaar database). eSign enables millions of
Aadhaar holders easy access to legally valid Digital Signature service.
Respecting privacy – eSign ensures the privacy of the signer by requiring that only the thumbprint
(hash) of the document be submitted for signature function instead of the whole document.
Secure online service –To enhance security and prevent misuse, Aadhaar holders private keys are
created on Hardware Security Module (HSM) and destroyed.
Easy and secure way to digitally sign information anywhere, anytime
Facilitates legally valid signatures – eSign process involves consumer consent, Digital Signature
Certificate generation, Digital Signature creation & affixing and Digital Signature Certificate acceptance
in accordance with the provisions of the Information Technology (IT) Act, 2000. It enforces compliance,
through API specification and licensing model of APIs. Comprehensive digital audit trail – in-built to
confirm the validity of transactions is also preserved.
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Indian Evidence Act: are electronic records admissible?
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eKYC
The eKYC service offered by UIDAI will enable individuals to authorise service providers to receive electronic
copy of their proof of identity and address. The service makes KYC instantaneous, totally secure and paperless.
eKYC service can be deployed by different agencies to verify a resident's identity and address. Only Demographic
information (Name, Address, Date of Birth, Gender, Photograph & Mobile Number) that is collected during
Aadhaar enrolment will be shared, at the request of, and/or with the consent of the Aadhaar holder.
RBI has issued guidelines for accepting e KYC for opening Savings Bank Accounts
to accept e-KYC service as a valid process for KYC verification under Prevention of Money Laundering
(Maintenance of Records) Rules, 2005
Further, the information containing demographic details and photographs made available from UIDAI as a result
of e-KYC process (“which is in an electronic form and accessible so as to be usable for a subsequent reference”)
may be treated as an ‘Officially Valid Document’ under PML Rules
Source RBI notification - http://rbidocs.rbi.org.in/rdocs/notification/PDFs/CKUI0209013E.pdf
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In other countries: sanctity of digital signature
• There are two Acts that establish the legality of electronic signatures in the United
States –
• the Electronic Signatures in Global and National Commerce Act (ESIGN, 2000) and
• the Uniform Electronic Transactions Act (UETA, 1999).
• Both ESIGN and UETA establish that electronic records and signatures carry the
same weight and legal effect as traditional paper documents and handwritten
signatures stating: A document or signature cannot be denied legal effect or
enforceability solely because it is in electronic form.
• In the UK, the equivalent legislation to the ESIGN Act in the USA was also
established in 2000, and is called the UK Electronic Communication Act. DocuSign
is the only company that warrants its eSignature solution to be compliant with this
act.
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Objective of open API policy of
GOI.
314
Policy Statement
Government of India shall adopt Open APIs to enable quick and transparent integration with other e-Governance applications and
systems implemented by various Government Organizations and to make information and data available to the public, thereby
providing access to data and services to all stakeholders and promoting citizen participation
The relevant information being provided by all Government Organisations through their respective e-Governance applications shall
be open and machine readable.
All the relevant information and data of a Government Organisation shall be made available through Open APIs to other e-
governance applications and systems and public, as per the classification given in the National Data Sharing and Accessibility Policy
(NDSAP) 2012.
All the relevant information, data and functionalities within an e-Governance application or system of a Government Organisation
shall be made available to other e-Governance applications and systems through Open APIs.
Information handling, authentication, authorisation and auditing through a process as defined by the API publishing Organisation.
If possible, API of a Government Organization shall be accessible free of charge to other Government Organizations and public
properly documented with sample code and sufficient information for developers to make use of the API.
compatible with earlier 2 versions.
All open API should adhere to national cyber security policy.
Government organization will make sure APIs are stable and scalable
API should be language and platform independent
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Payment and Settlement Act, 2007
Reserve Bank of India (Reserve Bank) as the authority for that purpose and all related matters
legal basis for “netting” and “settlement finality”. In India, other than the (RTGS) system all other
payment systems function on a net settlement basis.
In terms of Section 4 of the PSS Act, 2007 no person other than the Reserve Bank can operate or
commence a payment system unless authorized by the Reserve Bank
Dishonor of an electronic fund transfer instruction due to insufficiency of funds in the account etc.,
is an offence punishable with imprisonment or with fine or both, similar to the dishonor of a
cheque under the Negotiable Instruments Act
316
2 India Stack
Impact
317
India Stack impact: on opening Savings bank account
318
India Stack impact: on opening Savings bank account
319
India Stack impact: on opening Savings bank account
320
India Stack impact: on opening Savings bank account
• Witnesses are a neutral third party, who have the responsibility of
witnessing each signatory’s signature. The witness does not have to be
familiar with the terms of the agreement, but their role is important for
proving a contract’s legality in the court of law. Some contracts require a
minimum of two witnesses.
• (v) It is clarified that the various nomination forms (DA1, DA2, and DA3
for Bank Deposits, Forms SC1, SC2 and SC3 for articles in safe custody
and Forms SL1, SL1A, SL2, SL3 and SL3A for Safety Lockers) prescribed
under the Co-operative Banks (Nomination) Rules, 1985, only Thumb-
impression(s) shall be attested by two witnesses. The signatures of the
account holders need not be attested by witnesses. (Master Circular on
Maintenance of Deposit Accounts – Primary (Urban) Co-operative Banks RBI/2013-
14/28UBD.BPD.(PCB). MC.No:13 /13.01.000/)
321
Existing product
Features
•Online Order
•Door Step delivery
•Document Collection by
agent/BC
•Required Passport details also
to be part of the Digi-locker
322
Foreign Exchange
Customer Bank portal Customer fills Customer fills Forex is
uses Aadhaar pings Indian the purpose the date of delivered at
for eKYC Stack for of buying travel and the customers
Passport Foreign linked bank doorstep in
details and exchange, account 24 hours
checks if the agrees at the details. The
Passport is mode of site then
valid. Digital Forex( takes the
signature for Card,Currency customer to a
A2 form , TC etc) and payment
proceeds gateway and
payment is
made
323
Remittances
ICICI Bank Money2World
Bank takes
One Time 24 hours for
Add bank Initiate request of Remitter can
Registration verification
accounts of self money transfer at track status and
uploading of and beneficiary the confirmed rate on completion
PAN and of the chosen confirmation is
Aadhaar currency sent
324
Digi locker-
325
Unified Payment Interface
326
Unified Payment Interface
Apart from a bank account, all that you need is a smartphone. Once you register for UPI with your bank, a unique
‘virtual address’ will be created. This is mapped with your mobile phone.
To initiate the payment, UPI invokes this virtual identity of the beneficiary and transfers money in real-time. It
works on single-click 2-factor authentication.
UPI will allow a customer to have multiple virtual addresses for multiple accounts in various banks. In order to
ensure privacy of customer’s data, there is no account number mapper anywhere other than the customer's own
bank. This allows the customer to freely share the financial address with others.
A customer can also decide to use the mobile number or Aadhaar number as the name instead of the short
name for the virtual address.
UPI can potentially eliminate the need for maintaining a mobile wallet, as this ‘virtual address’ is not limited only
to individuals. This is a significant step towards moving into a cashless economy.
327
Architecture
328
AADHAAR Enabled Payment System (AEPS) allows online interoperable
financial inclusion transaction at PoS (MicroATM) through the Business
correspondent of any bank using the AADHAAR authentication.
What is Aadhaar Payment Bridge (APB) System? It is a unique payment system
implemented by National Payments Corporation of India (NPCI), which uses
Aadhaar number as a central key for electronically channelizing the
Government subsidies and benefits in the Aadhaar Enabled Bank Accounts
(AEBA) of the intended beneficiaries.
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M-Pesa
M-Pesa
• M-Pesa - Money transfer service to
deposit/withdraw/send funds using mobile
text message
Period Rate
1yr.A/c 6.6%
2yr.A/c 6.7%
3yr.A/c 6.9%
5yr.A/c 7.4%
• The investment under 5 Years TD qualifies for
the benefit of Section 80C of the Income Tax
Act, 1961 from 1.4.2007.
Post Office Monthly Income Scheme Account (MIS)
https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=9063
https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=4305
https://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=2718
https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=11032
https://www.rbi.org.in/scripts/NotificationUser.aspx?Id=6017&Mode=0
https://rbidocs.rbi.org.in/rdocs/notification/PDFs/CPC28092010.pdf
https://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=8955
https://en.wikipedia.org/wiki/Chit_fund