RBI bans foreclosure charges on floating rate loans to MSEs: How will it benefit small businesses?
The Reserve Bank of India has issued directions that commercial banks, tier 4 primary (urban) co-operative bank, non-banking financial companies-upper layer (NBFC-UL), and All India Financial Institutions will not levy any pre-payment charges for all loans granted for business purpose to individuals and small businesses.
However, small finance banks, regional rural banks (RRBs) and local area banks have been excluded from the new norms.
'A small finance bank, a regional rural bank, a tier 3 primary (urban) co-operative bank, state cooperative bank, central cooperative bank and an NBFC-ML( medium layer) shall not levy any pre-payment charges on loans with sanctioned amount/ limit up to Rs 50 lakh,' the RBI said.
The regulator also said that for all loans granted for purposes other than business to individuals, with or without co-obligant(s), a regulated entity will not levy pre-payment charges.
In case of cash credit/ overdraft facilities, no pre-payment charges will be applicable if the borrower intimates the RE of their intention not to renew the facility before the period as stipulated in the loan agreement, provided that the facility gets closed on the due date.
The RBI said that an RE will not levy any charges where pre-payment is effected at the instance of the RE. Lenders will have to clearly disclose the applicability of pre-payment charges in the sanction letter and loan agreement.
Also, an RE will not levy any charges/ fees retrospectively at the time of pre-payment of loans, which were waived off earlier by it, the RBI said.
Apart from the loan categories for which lenders have been directed to stop foreclosure charges, the RBI said that pre-payment charges, if any, will be as per the approved policy of the regulated entities.
However, pre-payment charges in case of term loans, if levied by the RE, will be based on the amount being prepaid.
The RBI said its supervisory reviews have indicated divergent practices amongst regulated entities with regard to levy of pre-payment charges in case of loans sanctioned to MSEs which lead to customer grievances and disputes.
It said certain REs have been found to include restrictive clauses in loan contracts/ agreements to deter borrowers from switching over to another lender, either for availing lower rates of interest or better terms of service. To remove any discrepancies, the RBI removed the pre-payment charges on loans to MSEs.
'Availability of easy and affordable financing to micro and small enterprises (MSEs) is of paramount importance,' the RBI said.
Experts believe that removal of foreclosure charges for MSEs will help reduce discrimination between existing and new borrowers.
The revised directions will also increase competition between banks, which will benefit MSE borrowers as they will be able to get better pricing on floating rate loans.
In the manufacturing sector, micro enterprises are the ones where the investment in plant and machinery does not exceed Rs 25 lakh, while small enterprises are those where investment is more than Rs 25 lakh but does not exceed Rs 5 crore.
In the service sector, micro enterprises are those with investments in equipment not exceeding Rs 10 lakh, while small enterprises are those where investments are above Rs 10 lakh but not more than Rs 2 crore.
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