Many banks and Non-Banking Financial Companies (NBFCs) have been charging penal interest, over and above the applicable interest rates as a revenue generative toolfrom defaulting borrowers. This practice concerned the RBI and it has issued notification on Fair Lending Practice-Penal Charges in Loan Accountsunder which, with effect from January 01, 2024,all lenders (banks, NBFCs and other lending institutions regulated by the RBI) would be able to levy only reasonable penal charges in case of default in repayment of loans.
The new directive states that penalty if charged for non-compliance of material terms and conditions of loan contract by the borrower would be treated as ‘penal charges’ and shall not be levied in the form of ‘penal interest’ that is added to the rate of interest charged on the advances. However, the instructions will not apply to credit cards, external commercial borrowings, trade credits and structured obligations which are covered under product-specific directions.
This act ofthe RBI is primarily to inculcate a sense of credit discipline and transparency among the lenders’ community.
Interest Cost, as we know,is the prime mover and revenue generator for lending institutions and the debt markets. Corporates procure loans/debt from regulated lenders in order to leverage their companies with the right mix of owned and borrowed capital. Interest costs have a close nexus with the timing and quantum of raising funds and we at Indcap Advisors Pvt. Ltd., have over the last 25 years, been providing customized solutions in the areas of Corporate Finance and Management Advisory.
Sources:
- Image – Google.com
- Content – https://www.rediff.com/business/report/rbi-changes-norms-for-bank-penalties-on-loan-default/20230818.htm