The Turn of Events and Current Status There are times when “I told you so” is the least desirable outcome but the worst fears/concerns highlighted by MicroSave over the past two years have begun to come true. The current Andhra crisis started when the Task Force Committee (TFC) started receiving complaints related to unethical practices of some of the MFIs working in Andhra Pradesh. Simultaneously concerns were raised by NABARD and other regulatory authorities which led to demands for more stringent regulatory requirements for the MFI sector. Andhra Pradesh Government Cracks Down on Predatory Practices of Microfinance Institutions Benami Loans: Pay for What you Don’t Owe The Reserve Bank of India also raised concerns regarding nationalized banks providing subsidized loans (under priority sector lending norms) to profitable MFIs. The microfinance sector in India is mainly financed (around 70 to 80%) through on-lending funds provided by banks. Another major concern at this stage came from the Finance Ministry’s directive to banks to ensure that the MFIs to which they lend cap their interest rate at 22-24%. Further to this RBI formed a sub-committee to look into the concerns raised in media regarding high-interest rates, coercive recovery practices, and multiple lending by MFIs. Don’t Cap Microfinance Lending Rates
Andhra Pradesh Microfinance Institutions Ordinance, 2010
Meanwhile, the Andhra Pradesh state government passed the – ‘Andhra Pradesh Microfinance Institutions (regulation of money lending) Ordinance, 2010’ – to protect the women’s self-help groups from the exploitation of MFIs in the state of Andhra Pradesh and for the matters connected therewith or incidental thereto. The ordinance talks about the following main items:
Registration of MFIs Register of MFIs Member of SHG not to be a member of more than one SHG MFIs not to seek security for the loan Display of interest rates charged by MFIs The maximum amount of interest recoverable on loans discharged Prior approval for grant of further loans to SHGs or their members Duty of MFIs to maintain accounts and furnish copies Submission of monthly statements by MFIs Power to require the production of records or documents and power of entry, inspection, and seizure Complaints Settlement of disputes procedure Penalty for coercive actions by MFIs
The ordinance, judging by the way it was developed and enforced, is reactionary in nature to the turn of events outlined above, and is based on the premise to prevent exploitation of Self Help Groups (SHGs) being promoted by the state government programs. AP government program like Society for Elimination of Rural Poverty (SERP) has a huge mandate to disburse loans to the tune of Rs.100,000 crore (USD 22.2 billion) and see the working of MFIs as a major threat to their program. The ordinance seems to protect the interest of the clients but for the following reasons it has the potential to destroy or completely change the MFI sector in India: Immediately after the promulgation of the ordinance the offices of SKS, Spandana, Share Microfin, Basix, and other large MFIs were raided by district officials throughout Andhra Pradesh. At the same time, banks began to turn off access to funds for MFIs, and members did not repay as the MFIs could not collect the money without completing their registration. With more than 40% of Indian, MFI lending is concentrated in Andhra Pradesh it is estimated that around Rs.10,000 crore or (USD 2.2 billion) of principal outstanding is at risk on which the repayments have stopped till the registration of the MFIs is complete. Meanwhile, the Microfinance Institutions Network (MFIN) and two other MFIs moved to the court for quashing of the ordinance and also to allow for recovery of loans. However, in a recent ruling, the A.P High court refused to grant a stay on the ordinance and said that the state government has the right to regulate the activities of the MFIs. Interestingly, most of this loan portfolio now at risk has come from the banks in the form of on-lending funds to the MFIs. Therefore, if the field level defaults continue, the banks who have lent to the MFIs under the priority sector norms will suffer a serious impact on their portfolio.
Events that happened after the ordinance became a law:
Overall the ground realities for MFI operations have changed overnight with the coming of the ordinance. There is a serious threat to the credit discipline of MFI borrowers with the registration issues and the choking of funds by the banks. Though recoveries have been allowed by the High Court, the methods suggested by the ordinance will greatly affect the lending methodologies of MFIs and also make it highly easy for members to evade loan repayments. As per the recent developments, MFIs have started registering themselves with the local district officials and have also started collecting repayments from the borrowers. There is also an effort to upload client data of the MFIs and the government to prevent multiple lending.
Orissa – Crisis brewing on the sidelines
It is fair to expect that the approaches taken by the State Government of Andhra Pradesh are likely to be replicated in other states. The grapevine is already abuzz with the news that the State of Orissa may come up with something similar. On the other hand, the Union Finance Minister has given a statement that –“state governments should not be very restricting and leave the regulation of NBFCs to the Reserve Bank of India”. This story continues to unfold on a daily basis. The A.P crisis has impacted the Indian microfinance and simultaneously has shaken some investor confidence in the microfinance sector. MicroSave’s Capital Advisory Services (CAS) group is keeping tabs on events and will follow this Update with news pieces and investment scenario analyses.
