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RBI on Foreclosure Charges

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March 05, 2025

Why in News?

The Reserve Bank of India (RBI) floated a consultation paper seeking to waive foreclosure charges, and prepayment penalties, on loans taken by micro and small enterprises (MSEs).

  • Recent Changes - RBI has proposed that banks and NBFCs must not levy foreclosure charges or prepayment penalties on loans taken at floating rates by MSEs for business purposes.
  • At present, the provision only exists for loans taken by individuals for purposes other than business.
  • The proposed regulation thus extends the purview of the guideline.
  • Eligibility - This shall apply to all MSE borrowing up to Rs.7.5 crore
    • Barring an exception for Tier 1 and Tier 2 Primary (Urban) Co-operative Banks and base layer NBFCs, that is, those with asset sizes of below Rs.1,000 crore.
  • RBI also underlines that banks and NBFCs cannot stipulate any minimum lock-in period for the proposed guidelines to become applicable.
  • Furthermore, it underlines that regulated entities cannot levy any retrospective charges which were waived off earlier and/or not disclosed in advance to the borrowers.
  • Objectives - The primary objective of the proposed measures is to provide for easy and affordable financing to MSMEs.
  • The waiver would bring more borrowers into the formal system (of credit).
  • It mitigates the risk of hidden charges and offers better ability for MSMEs to plan their cash flows and incentivises borrowers to repay.
  • The proposed measures are meant to help small businesses to clear their debts without penalties.

Reference

The Hindu | RBI on foreclosure charges

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