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Home India Reserve Bank of India Notifications Implementation of Credit Information Reporting Mec... (Official PDF)
Date: 10th October 2024 Jurisdiction: India, Central Government

Implementation of Credit Information Reporting Mechanism subsequent to cancellation of - 10th October 2024 - Reserve Bank of India - Gazette Notification PDF

Issued by Reserve Bank of India

Read or download the official PDF of this gazette notification issued by the Reserve Bank of India on 10th October 2024.

Executive Summary & Key Takeaways

Executive Summary: This circular from the Reserve Bank of India (RBI) addresses the reporting of credit information following the cancellation of a Credit Institution's (CI) license or Certificate of Registration (CoR). It directs Credit Institutions (CIs) and Credit Information Companies (CICs) to implement a mechanism ensuring continued reporting and access to credit information for existing borrowers of such entities. The instructions must be implemented within six months of the circular's date (October 10, 2024).

Key Points / Main Content:

Reporting Mechanism for Entities with Cancelled Licenses/CoRs:

  • Entities whose license/CoR has been cancelled by the RBI will be categorized as "Credit Institutions" under Section 2f(vii) of the Credit Information Companies Regulation Act (CICRA).
  • These entities must continue to report credit information on borrowers onboarded and reported to CICs prior to the cancellation, until the loan lifecycle is complete or the entity is wound up, whichever is earlier.

Access to Credit Information:

  • Entities with cancelled licenses/CoRs can only access Credit Information Reports (CIRs) for borrowers onboarded and reported to CICs before the cancellation.

Responsibilities of Credit Information Companies (CICs):

  • CICs must not charge annual and membership fees to entities with cancelled licenses/CoRs.
  • CICs must tag these entities as "License Cancelled Entities" in the CIR, based on information from the RBI website or cancellation order.

General Provisions:

  • The provisions of this circular also apply to entities whose license/CoR was cancelled prior to the issuance of this circular.
  • All other instructions regarding credit information reporting remain unchanged.

Impact Analysis:

Credit Institutions (CIs) including Small Finance Banks, Local Area Banks and Regional Rural Banks, excluding Payments Banks, Primary Urban Cooperative Banks, State Cooperative Banks, Central Cooperative Banks, Non-Banking Financial Companies including Housing Finance Companies, Asset Reconstruction Companies:

Impact: CIs whose license/CoR has been cancelled must continue to report credit information and can only access reports for borrowers onboarded before the cancellation. Action Required: Categorize themselves as "Credit Institutions" under Section 2f(vii) of CICRA, implement the specified reporting mechanism, and cease charging annual membership fees.

Credit Information Companies (CICs):

Impact: CICs are responsible for implementing the tagging and fee adjustments for entities with cancelled licenses/CoRs. Action Required: Implement the "License Cancelled Entities" tag, cease charging annual membership fees from affected CIs, and adjust their systems to accommodate the new reporting mechanism.

Borrowers of Entities with Cancelled Licenses/CoRs:

Impact: Ensures continuity of their credit history reporting, even after the lending institution's license has been revoked. Action Required: No direct action is required from borrowers. They should continue to service their loans as per agreed terms.

Key Entities Referenced

Reserve Bank of India: The central bank of India, the primary regulator in this context. Credit Information Companies: Entities that collect and provide credit information on borrowers. Credit Information Companies Regulation Act, 2005: The legislation governing the functioning of Credit Information Companies in India. Credit Institutions: Entities that can furnish credit information to Credit Information Companies as defined under the Credit Information Companies Regulation Act, 2005. Small Finance Banks: A type of bank in India aimed at furthering financial inclusion. Regional Rural Banks: Regional Rural Banks are financial institutions in India that operate at the regional level Non-Banking Financial Companies: Financial institutions that provide banking services without meeting the legal definition of a bank. Mumbai, Maharashtra: Location of the Central Office of the Department of Regulation of the Reserve Bank of India
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भारतीय �रज़व र् बकैं RESERVE BANK OF INDIA RBI/2024-25/81 DoR.FIN.REC.47/20.16.042/2024-25 October 10, 2024 All Commercial Banks (including Small Finance Banks, Local Area Banks and Regional Rural Banks, and excluding Payments Banks) All Primary (Urban) Co-operative Banks/ State Co-operative Banks/ Central Co- operative Banks All Non-Banking Financial Companies (including Housing Finance Companies) All Asset Reconstruction Companies All Credit Information Companies Dear Sir/ Madam, Implementation of Credit Information Reporting Mechanism subsequent to cancellation of licence or Certificate of Registration The Credit Information Companies (Regulation) Act, 2005 (CICRA) stipulates that only Credit Institutions (CIs) can furnish credit information to Credit Information Companies (CICs). Section 17(1) of CICRA mandates that CICs can collect credit information from its member CIs or member CICs only. Therefore, only the entities that are covered under the ambit of section 2(f) of CICRA, 2005 can submit credit information to CICs. 2. In view of the provisions of CICRA, entities whose licence or Certificate of Registration (CoR) has been cancelled by the Reserve Bank of India, can no longer be deemed as CIs under CICRA and their credit information cannot be accepted by the CICs. In such cases, repayment history of borrowers of these entities is not updated even if these borrowers continue to repay/ clear their dues. 3. In order to redress the hardship faced by such borrowers, in exercise of the powers conferred by sub-section (vii) of section 2(f) and sub-section (1) of section 11 of CICRA, the Reserve Bank of India directs CICs and CIs to implement a credit information reporting mechanism subsequent to the cancellation of the licence/CoR of banks/ Non- Banking Finance Companies (NBFCs) as given in the Annex. _________________________________________________________________________________ �व�नयमन �वभाग, केन्द्र�य कायालर् य, द्�वतीय तल, मुख्य भवन, शह�द भगत �सहं माग,र् मुंबई - 400 001 Department of Regulation, Central Office, 2nd Floor, Main Building, Shaheed Bhagat Road, Mumbai - 400 001 Tel No: +91-22-22603368; Email: cgmicdor@rbi.org.in4. These CIs shall continue to be governed by the provisions of CICRA, Rules and Regulations framed thereunder and directions issued by the Reserve Bank of India from time to time. 5. These instructions shall be implemented within six (6) months of the date of the circular. Yours faithfully, (J. P. Sharma) Chief General Manager Encl: Annex 2Annex Provisions of the credit information reporting mechanism subsequent to cancellation of licence or Certificate of Registration 1. All CIs, whose licence or CoR has been cancelled by the Reserve Bank of India shall be categorised as "Credit Institutions" under Section 2(f)(vii) of CICRA. 2. These CIs shall continue to report credit information of the borrowers on-boarded and reported to CICs prior to cancellation of their licence or CoR to all the four CICs till the loan lifecycle is completed or the credit institution is wound up, whichever is earlier. 3. These CIs shall have access to Credit Information Reports pertaining to only those borrowers which were onboarded and reported to CICs before the cancellation of their licence/CoR. 4. CICs shall not charge the annual and membership fees from these CIs. 5. CICs shall tag these CIs as "Licence Cancelled Entities" in the CIR. CICs shall base this tagging on the information available on the website of the Reserve Bank of India or the cancellation of licence order received from RBI. 6. Provisions of this circular shall also be applicable to those entities whose licence/CoR has been cancelled by the Reserve Bank of India prior to issuance of this circular. 7. All other instructions regarding credit information reporting by CIs to CICs shall remain unchanged. 3

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