Why in the news?
- The Finance Industry Development Council was granted Self-Regulatory Organisation status by the RBI to help ensure regulatory compliance in the Non-banking lending sector.
Self-Regulatory Organisations (SROs)
- What is it?: A Self-Regulatory Organisation (SRO) is a non-governmental, industry-created body that sets and enforces rules and ethical standards for its members to ensure fair conduct, protect stakeholders, and promote professionalism.
- Key Features:
- Industry-Driven Regulation: Created by members of a particular sector to manage internal discipline and compliance.
- Rule-Making Power: Formulates codes of conduct, operational norms, and grievance mechanisms for members.
- Collaborative Governance: Works in consultation with the government, consumers, and other stakeholders.
- Enforcement Mechanism: Operates through impartial processes- members accept disciplinary or penal actions for violations.
- Public-Interest Focus: Goes beyond industry self-interest to safeguard workers, customers, and the ecosystem.
- Government Oversight: Though private, SROs function under a degree of statutory regulation; some regulatory powers are delegated to them.
- Watchdog Role: Acts as a deterrent to fraud, malpractice, or unethical practices in the sector.
- Source of Authority: Their authority usually stems from industry consensus or contractual agreements rather than a direct statutory grant.
- Examples in India:
- Association of Mutual Funds in India (AMFI) – for mutual funds.
- National Stock Exchange & BSE – act as SROs in the securities market under SEBI.
- Institute of Chartered Accountants of India (ICAI) – regulates the accounting profession.
- Advertising Standards Council of India (ASCI) – regulates advertising ethics.
- Significance:
- Promotes industry integrity and market efficiency.
- Enhances regulatory flexibility and speed of decision-making.
- Encourages responsible self-discipline and ethical awareness.
- Challenges:
- Risk of regulatory capture (favoring members’ interests).
- Limited enforcement power without statutory backing.
- Overlap or conflict with government regulators.
- Transparency concerns if internal governance is weak.
Non-Banking Financial Companies(NBFC)
- What is it?: A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 / 2013 engaged in the business of:
- Loans and advances
- Acquisition of shares, stocks, bonds, debentures, or government securities
- Leasing, hire-purchase, insurance, or chit fund business
- Functions:
- Provide credit to individuals, MSMEs, infrastructure, housing, and rural sectors.
- Offer financial services such as leasing, hire purchase, investment, and microfinance.
- Facilitate financial inclusion and complement the formal banking system.
- Provide advisory services and wealth management (in select categories).
- Major Restrictions:
- Cannot accept deposits for <12 months or >60 months.
- Cannot issue cheques on themselves (not part of payment system).
- No Deposit Insurance under DICGC (unlike banks).
- Not subject to CRR/SLR requirements.
- Operate under lighter regulatory norms compared to banks.
- Regulations:
- Reserve Bank of India (RBI): Issues licenses, regulates operations, supervises prudential norms.
- Ministry of Corporate Affairs (MCA): Governs incorporation and company law matters.