On September 14, the Reserve Bank of India (RBI) unveiled the roster of non-banking finance companies (NBFCs) categorized under the upper echelon of scale-based regulations for the fiscal year 2023-24.
The list encompasses 15 companies, including notable names such as:
- LIC Housing Finance
- Bajaj Finance
- Shriram Finance
- Tata Sons Pvt Ltd
- L&T Finance
- Piramal Capital
- Cholamandalam Finance
- Indiabulls Housing
- Mahindra and Mahindra Financial Services
- Tata Capital Financial Services
- PNB Housing Finance
- HDB Financial Services
- Aditya Birla Finance
- Muthoot Finance
- Bajaj Housing Finance
The RBI introduced the Scale-Based Regulation (SBR) framework on October 22, 2021. This framework classifies NBFCs into four tiers: the base layer, middle layer, upper layer, and top layer.
Guidelines for Upper Layer NBFC
Once an NBFC attains the classification of NBFC-UL, it is subjected to heightened regulatory requirements for a minimum of five years, even if it fails to meet the parametric criteria in subsequent years.
Four Layers of NBFC
- Proposed Classification of NBFC (The Four-Tier Structure): The regulatory and supervisory framework of NBFCs should be based on a four-layered structure:
- Base Layer:
- NBFCs in the lower layer will be known as NBFC-Base Layer (NBFC-BL).
- For NBFCs in this layer least regulatory intervention is warranted.
- Middle Layer:
- NBFCs in the middle layer will be known as NBFC-Middle Layer (NBFC-ML)
- The regulatory regime for this layer will be stricter compared to the base layer.
- Adverse regulatory arbitrage vis-à-vis banks can be addressed for NBFCs falling in this layer in order to reduce systemic risk spill-overs, where required.
- Upper Layer:
- NBFC in the Upper Layer will be known as NBFC-Upper Layer (NBFC-UL) and will invite a new regulatory superstructure.
- This layer will be populated by NBFCs which have large potential of systemic spill-over of risks and have the ability to impact financial stability.
- There is no parallel for this layer at present, as this will be a new layer for regulation. The regulatory framework for NBFCs falling in this layer will be bank-like, albeit with suitable and appropriate modifications.
- If an identified NBFC-UL does not meet the criteria for classification for four consecutive years, it will move out of the enhanced regulatory framework.
- Top Layer:
- Ideally this layer is supposed to be empty.
- It is possible that supervisory judgment might push some NBFCs out of the upper layer of the systemically significant NBFCs for higher regulation/supervision.
- These NBFCs will occupy the top of the upper layer as a distinct set. Ideally, this top layer of the pyramid will remain empty unless supervisors take a view on specific NBFCs.
- If certain NBFCs lying in the upper layer are seen to pose extreme risks as per supervisory judgement, they can be put to higher and bespoke regulatory/supervisory requirements.
- Base Layer:
