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INDIA INFOLINE FINANCE LIMITED - Securities and Exchange ...

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India Infoline Finance Limited<br />

We are also required to provide a credit enhancement for the securitization <strong>and</strong> assignment transactions by<br />

way of either fixed deposits or corporate guarantees <strong>and</strong> the aggregate credit enhancement amount<br />

outst<strong>and</strong>ing as on March 31, 2012 on a consolidated basis was ` 692.36 million <strong>and</strong> on an unconsolidated<br />

basis was ` 586.79 million. In the event a relevant bank or institution does not realize the receivables due<br />

under such loan assets, such bank or institution would have recourse to such credit enhancement, which<br />

could have a material adverse effect on our results of operations, financial condition <strong>and</strong>/or cash flows.<br />

24. A decline in our capital adequacy ratio could restrict our future business growth.<br />

As per RBI notification dated February 17, 2011, all non - deposit taking NBFCs have to maintain a<br />

minimum capital ratio, consisting of Tier I <strong>and</strong> Tier II capital, which shall not be less than 15% of its<br />

aggregate risk weighted assets on balance sheet <strong>and</strong> risk adjusted value of off-balance sheet items w.e.f.<br />

March 31, 2012. On an unconsolidated basis, our capital adequacy ratio computed on the basis of applicable<br />

RBI requirements was 17.86% as of March 31, 2012, with Tier I capital comprising 15.46%. If we continue<br />

to grow our loan portfolio <strong>and</strong> asset base, we will be required to raise additional Tier I <strong>and</strong> Tier II capital in<br />

order to continue to meet applicable capital adequacy ratios with respect to our business. There can be no<br />

assurance that we will be able to raise adequate additional capital in the future on terms favourable to us or<br />

at all, <strong>and</strong> this may adversely affect the growth of our business<br />

25. Our branches are vulnerable to theft which could adversely affect our reputation, business <strong>and</strong> results<br />

of operation.<br />

Storage of pledged gold jewellery as part of our business entails the risk of theft <strong>and</strong> resulting in loss to our<br />

reputation <strong>and</strong> business. The short tenure of the loans advanced by us <strong>and</strong> our practice of processing loan<br />

repayments within short timelines require us to store pledged gold jewellery in our premises at all points in<br />

time. With regard to any theft, we may not be able to recover the entire amount of the loss suffered <strong>and</strong> may<br />

receive only a partial payment of the insurance claim. There is no guarantee that thefts may or may not be<br />

committed in the future, which could adversely affect our reputation, business <strong>and</strong> results of operations.<br />

26. We may have to comply with stricter regulations <strong>and</strong> guidelines issued by regulatory authorities in India.<br />

We are regulated principally by <strong>and</strong> have reporting obligations to the RBI. We are also subject to the<br />

corporate, taxation <strong>and</strong> other laws in effect in India. In recent years, existing rules <strong>and</strong> regulations have<br />

been modified, new rules <strong>and</strong> regulations have been enacted <strong>and</strong> reforms have been implemented which are<br />

intended to provide tighter control <strong>and</strong> more transparency in India’s Gold Loan industry. Moreover new<br />

regulations may be passed that restrict our ability to do business. For example, regulatory restrictions on<br />

securitisation may be extended to bilateral assignment transactions, resulting in loss of arbitrage options.<br />

We cannot assure you that we will not be subject to any adverse regulatory action in the future. Further,<br />

these regulations are subject to frequent amendments <strong>and</strong> depend upon government policy. The costs of<br />

compliance may be high, which may affect our profitability. If we are unable to comply with any such<br />

regulatory requirements, our business <strong>and</strong> results of operations may be materially <strong>and</strong> adversely affected.<br />

27. Our loan portfolio is not classified as priority sector advances by the RBI.<br />

The RBI currently m<strong>and</strong>ates domestic commercial banks operating in India to maintain an aggregate 40.0%<br />

(32.0% for foreign banks) of their adjusted net bank credit or credit equivalent amount of off- balance sheet<br />

exposure, whichever is higher as “priority sector advances”. These include advances to agriculture, small<br />

enterprises, exports <strong>and</strong> similar sectors where the Government seeks to encourage flow of credit for<br />

developmental reasons. Banks in India that have traditionally been constrained or unable to meet these<br />

requirements organically, have relied on specialised institutions like our Company that are better positioned<br />

to or focus on originating such assets through on-lending or purchase of assets or securitised pools to<br />

comply with these targets.<br />

Notification issued by the RBI in February 2011, has stipulated that loans sanctioned to NBFCs for on<br />

lending to individuals or other entities against gold jewellery would not be eligible for classification as<br />

agriculture sector advances in the context of priority sector lending guidelines. Further in term of the RBI<br />

notification dated July 2012, investments made by banks in securitized assets originated by NBFC <strong>and</strong><br />

purchase/ assignment transaction by banks with NBFCs, where the underlying assets are loans against gold<br />

jewellery, are not eligible for priority sector status. Accordingly, our ability to raise capital by selling down<br />

xviii

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