The report of the Internal Working Group of RBI on bank ownership has unleashed a storm of mostly negative comment.
Leading the charge are Raghuram Rajan and Viral Acharya, as this report bears out. Rating agency S&P has raised concerns as have many banking analysts.
Most of the recommendations are unexceptionable. For instance, the recommendation that promoter's be allowed to retain their stake at 26% instead of the current ceiling of 15% after having diluted to 40% by the end of five years of starting a bank. Promoters have exercised full control even at the lower stake of 15%, so why not let them exercise control with more skin in the game at 26%? Point taken.
Then, the idea that entities with multiple financial interests should come in through the Non Operating Holding Company Route. This is merely a reiteration of a position the RBI has held for long.
The hot potato is the recommendation on letting corporate houses into banking. This can take one of two forms. Corporate houses with no interest in banking-related activities can come in. Secondly, those who own NBFCs can convert these into banks. For the first category, the report suggests that the Banking Regulation Act be amended to give the RBI adequate powers to track and supervise inter-connected lending amongst corporates. For the second category, the report says that the current record of NBFCs, 'fit and proper' criteria for promters, etc be applied.
The difference in treatment is baffling. If corporate houses that are new to banking are to be effectively monitored, so are corporate houses that own NBFCs. Amendments to the Banking Regulation Act should be a condition precedent for either category.
And the concerns are identical to both categories- one is not riskier than the other (although it could be argued that NBFC-owning entities that do not have a significant exposure to non-finance or industrial activities are less of a problem).
Inter-connected lending is not easy to track and supervise. It's very difficult for the supervisor to judge whether an entity is part of a group or not. And how does the supervisor keep watch on funding of a corporate's suppliers and customers?
The problems of inter-connected lending are well known. Not as well recognised are the issues that can arise on the liabilities side. Corporates park their cash surpluses with banks at negotiated rates. A corporate owning a bank may be able to get a price on its surpluses that is above the market rate at a given point in time- in effect, the concerned company will be gaining at the expense of the bank.
Banks have privileged access to information. They have better information that the public on the current financial condition of their clients, the status of projects, which companies in a group are doing well and which aren't, projects that clients are bidding for, etc. A corporate owning a bank will have access to the information and hence an informational advantage over rivals.
One could go on and on. The conflicts of interest inherent in letting a corporate house into banking are mind-blowing. Managing these conflicts is beyond the competence of even the most upright and competent regulator. The regulator will fail in this unequal contest and its reputation will take a beating. The entry of corporate houses into banking, make no mistake, is a threat to financial stability.
More in my article in the Hindu, Say 'no' to corporate houses in Indian banking.
As the article is behind a pay wall, here it is:
Say ‘no’ to corporate houses in Indian banking
The banking sector needs reform but the recommendation of corporate-owned banks is neither ‘big bang’ nor risk free
An Internal Working Group of the Reserve Bank of India (RBI) has recommended that corporate houses be given bank licences (https://bit.ly/3fqoLlo).
In today’s pro-business climate, you would have thought the proposal
would evoke jubilation. It should have been hailed as another ‘big
bang’ reform that would help undo the dominance of the public sector in
banking. Instead, the reaction has ranged from cautious welcome to
scathing criticism. Many analysts doubt the proposal will fly. It is
worth examining why.
The idea of
allowing corporate houses into banking is by no means novel. In
February 2013, the RBI had issued guidelines that permitted corporate
and industrial houses to apply for a banking licence. Some houses
applied, although a few withdrew their applications subsequently. No
corporate was ultimately given a bank licence. Only two entities
qualified for a licence, IDFC and Bandhan Financial Services.
The
RBI maintained that it was open to letting in corporates. However, none
of the applicants had met ‘fit and proper’ criteria. The IWG report
quotes the official RBI position on the subject at the time. “At
a time when there is public concern about governance, and when it comes
to licences for entities that are intimately trusted by the Indian
public, this (not giving a license to any corporate house) may well be
the most appropriate stance.”
In 2014, the RBI restored the
long-standing prohibition on the entry of corporate houses into banking.
The RBI Governor then was Raghuram G. Rajan. Mr. Rajan had headed the
Committee on Financial Sector Reforms (2008). The Committee had set its
face against the entry of corporate houses into banking. It had
observed, “The Committee also believes it is premature to allow
industrial houses to own banks. This prohibition on the ‘banking and
commerce’ combine still exists in the United States today, and is
certainly necessary in India till private governance and regulatory
capacity improve. (https://bit.ly/3ftp7Yf)” The RBI’s position on the subject has remained unchanged since 2014.
What
would be the rationale for any reversal in the position now? The
Internal Working Group report weighs the pros and cons of letting in
corporate houses. Corporate houses will bring capital and expertise to
banking. Moreover, not many jurisdictions worldwide bar corporate houses
from banking.
It is the downside risks that are worrying in the
extreme. As the report notes, the main concerns are interconnected
lending, concentration of economic power and exposure of the safety net
provided to banks (through guarantee of deposits) to commercial sectors
of the economy. It is worth elaborating on these risks.
Corporate
houses can easily turn banks into a source of funds for their own
businesses. In addition, they can ensure that funds are directed to
their cronies. They can use banks to provide finance to customers and
suppliers of their businesses. Adding a bank to a corporate house thus
means an increase in concentration of economic power. Just as
politicians have used banks to further their political interests, so
also will corporate houses be tempted to use banks set up by them to
enhance their clout.
Not least, banks owned by corporate houses
will be exposed to the risks of the non-bank entities of the group. If
the non-bank entities get into trouble, sentiment about the bank owned
by the corporate house is bound to be impacted. Depositors may have to
be rescued through the use of the public safety net.
The Internal
Working Group believes that before corporate houses are allowed to
enter banking, the RBI must be equipped with a legal framework to deal
with interconnected lending and a mechanism to effectively supervise
conglomerates that venture into banking. It is naive to suppose that any
legal framework and supervisory mechanism will be adequate to deal with
the risks of interconnected lending in the Indian context.
Corporate
houses are adept at routing funds through a maze of entities in India
and abroad. Tracing interconnected lending will be a challenge.
Monitoring of transactions of corporate houses will require the
cooperation of various law enforcement agencies. Corporate houses can
use their political clout to thwart such cooperation.
Second, the
RBI can only react to interconnected lending ex-post, that is, after
substantial exposure to the entities of the corporate house has
happened. It is unlikely to be able to prevent such exposure.
Third,
suppose the RBI does latch on to interconnected lending. How is the RBI
to react? Any action that the RBI may take in response could cause a
flight of deposits from the bank concerned and precipitate its failure.
The challenges posed by interconnected lending are truly formidable.
Regulator credibility at stake
Fourth,
pitting the regulator against powerful corporate houses could end up
damaging the regulator. The regulator would be under enormous pressure
to compromise on regulation. Its credibility would be dented in the
process. This would indeed be a tragedy given the stature the RBI enjoys
today.
What we have discussed so far is the entry of corporate
houses that do not have interests in the financial sector. There are
corporate houses that are already present in banking-related activities
through ownership of Non-Banking Financial Companies (NBFCs).
Under
the present policy, NBFCs with a successful track record of 10 years
are allowed to convert themselves into banks. The Internal Working Group
believes that NBFCs owned by corporate houses should be eligible for
such conversion. This promises to be an easier route for the entry of
corporate houses into banking.
The Internal Working Group argues
that corporate-owned NBFCs have been regulated for a while. The RBI
understands them well. Hence, some of the concerns regarding the entry
of these corporates into banking may get mitigated. This is being
disingenuous.
There is a world of difference between a corporate
house owning an NBFC and one owning a bank. Bank ownership provides
access to a public safety net whereas NBFC ownership does not. The reach
and clout that bank ownership provides are vastly superior to that of
an NBFC. The objections that apply to a corporate house with no presence
in bank-like activities are equally applicable to corporate houses that
own NBFCs.
There is
another aspect to the proposal that cannot be ignored. Corporate houses
are unlikely to be enthused merely by the idea of growing a bank on
their own. The real attraction will be the possibility of acquiring
public sector banks, whose valuations have been battered in recent
years. Public sector banks need capital that the government is unable to
provide. The entry of corporate houses, if it happens at all, is thus
likely to be a prelude to privatisation. Given what we know of
governance in the Indian corporate world, any sale of public sector
banks to corporate houses would raise serious concerns about financial
stability.
India’s banking sector needs reform but corporate
houses owning banks hardly qualifies as one. If the record of
over-leveraging in the corporate world in recent years is anything to go
by, the entry of corporate houses into banking is the road to
perdition.