Role of NGO Sector
Role of NGO Sector
Mixed Model
Some MFIs started with the Grameen model but converted
to the SHG model at a later stage. However
they did not completely do away with Grameen type
lending and smaller groups. They are an equal mix
of SHG and Grameen model. Others have chosen to
adapt either the Grameen or the SHG model to cater
to their markets while some organisations like
BASIX use a number of delivery channels and methodologies
(including lending to SHGs) to provide
financial services. Such MFIs are still relatively
few but with increasing innovation becoming the
norm in Indian microfinance, their numbers are growing.
Common Characteristics of Microfinance
Models
The common characteristics across the current approaches
to the provision of microfinance services
are summarised in Exhibit 1. In practice, the average
microfinance client’s relationship with an MFI
can be defined by a fairly standard set of obligations.
Attendance of regular weekly (fortnightly or
monthly) meetings of her group
Training in ‘loan utilisation’ or participation
in discussions of developmentally relevant issues
such as social discrimination, gender awareness,
health, sanitation and education
Contribution of fixed amounts, termedby the MFI with direct access of the member limited
or even barred
Repayment of fixed amounts as instalments on
any loan she obtains from the MFI or from her
group.
What she actually receives in return for fulfilling
these obligations are:
Fixed amounts of loan apparently ‘for productive
activities’ – with the size of the loan usually
determined by the longevity of her relationship with
the MFI rather than by her financial needs
Emergency loans for ‘consumption’ – in the
case of some MFIs – but relatively small amounts
and subject to the approval of her group
Insurance – provided by a risk fund or insurance
fund created by a few MFIs, or by an insurance
company in collaboration with the MFI
Other development services, in the case of
multi-service NGO/MFIs.
8 Given by one of the four credit rating institutions specified by RBI in a special Master Circular
[http://www.rbi.org.in/sec14/57835.pdf]
III. Regulatory Framework
Microfinance Act
With the absence of a unified microfinance act uniting MFIs under a single regulating authority with
a standard set of guidelines, regulation of microfinance in India is somewhat disjointed. MFIs are
classified and governed according to the legal act under which they incorporated. An estimated 80
percent or more of the 2,000 MFIs in India are registered as philanthropic societies and essentially
unregulated. Others are categorized as Commercial Banks, Cooperative Banks, Regional Rural
Banks, Non-Banking Financial Companies (NBFCs), Credit Cooperatives, or Mutually Aided
Cooperative Societies, and may be strictly supervised by the Reserve Bank of India, NABARD, or
state authorities, depending on the type of institution. Indian microfinance associations (notably Sa-
Dhan) are working on drafting a microfinance act, which would combine the microfinance activities
of all these institutions under one aegis. Industry actors hope that such an act would reduce confusion
and allow for a better basis for comparison and exchange of information among MFIs. A single
regulating body could require standardized financial disclosure based on international best practices.
Ultimately this should make well-performing MFIs more visible to potential investors or donors.
A microfinance act would be additionally useful for forming consensus about the freedom to set
interest rates. Banks lending less than Rs. 2,000 to individuals may not charge more than their prime
rate, which is currently around 10.5 to 11 percent, while the rate at which they lend to MFIs or at
which MFIs lend to clients is not regulated. Some in the industry support a rate cap in the interest of
consumer protection, but most prefer to allow MFIs the ability to set rates as they see fit, and allow
competition to drive them down.
Savings
MFIs registered under the Societies Act face virtually no financial disclosure requirements. They are
prohibited from legally collecting savings, but it is widely acknowledged that many MFIs mobilize
deposits on behalf of their clients. In some cases this money is deposited in group accounts for clients
in a commercial bank, while in other cases the money is collected into a trust which is invested in the
MFI. This a gray area within the law which highlights the need for the poor to access savings
services to keep their money in a safe, convenient place; and the need for MFIs to lower their cost of
capital. There is a synergy here which seems underutilized in the Indian context. Under Indian
regulations MFIs wishing to collect savings typically transform into NBFCs. NBFCs must be at least
one year old before they can collect deposits, and then only if they have received at least an
investment grade credit rating.8 There is a limit on the terms of deposits that NBFCs can accept: the
interest rate paid on deposits cannot be more than 11 percent and no deposits for less than 12 months
or more than 60 months can be accepted. However, with a minimum capital requirement of Rs. 20
million (approx.
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US$440,000—considerably higher than found in many other developing countries) and a lengthy
application process, this is not an easy leap to make—and even then the authorization to collect
savings is only granted by special permission from RBI. In fact most requests are denied and RBI is
thought to purposefully drag its feet on the applications so as to limit the number of NBFCs it is
required to oversee. Many in the industry point out that India suffered a number of NBFC failures in
recent years, which explains RBI’s reluctance to grant licenses. But they note that microfinance
institutions were not among those that collapsed, and argue that with adequate supervision steps
could be taken to protect the poor and their deposits. Others feel that savings might be better
approached through alternative models, such as credit unions.
Regulations on Investment
Even without the ability to collect deposits some MFIs are finding it worthwhile to transform into
NBFCs because it allows them to raise equity. Raising equity, too, is subject to stringent regulations
which many find restrictive. Minimum foreign investment in an NBFC is set at US$500,000—and
must be matched by an equal amount of domestic equity as regulations prohibit majority foreign
investment (unless a wholly owned subsidiary is formed, at much greater cost). It is generally agreed
that raising that amount of money in India is sufficiently difficult to effectively prohibit foreign
investment in MFIs. Given this limitation, some are searching for modifications to Indian banking
regulations that could stimulate domestic investment. Some have suggested the implementation of
the concept of the limited liability partnership in India, protecting investors from liability to the
extent of their investment. A further step would be to allow (domestic) venture capital funds and
NGOs to invest in NBFCs. Finally, curiously, RBI in 2002 outlawed even borrowing from abroad—
including from donor agencies. This limits MFIs’ access to capital at preferential rates, a vital source
of funds, and a potential source of quasi-equity, preventing them from leveraging more capital. With
domestic loan rates starting at over 8 percent, borrowing abroad, even at commercial rates, can be of
benefit to MFIs.
MFIs also face restrictions on the receipt of foreign donations. In order to receive overseas grants
they need permission from the Ministry of the Interior in accordance with the Foreign Contribution
Regulation Act. In general, it takes about two to three months to get a temporary permit under this
regulation and the NGO is required to reapply for it every year for three years until it is granted a
permanent permit.
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