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12<br />
NIVESHAK<br />
Article Cover of the Story Month<br />
Interestingly, SEBI has no regulations in place<br />
for IBs. There was no demand for such services<br />
in an essentially underdeveloped economy, and<br />
hence the regulator (which was itself a novice in<br />
this field) felt no need to put up the necessary<br />
regulations.<br />
The need for IB was not really felt because<br />
of the largely embryonic capital markets in<br />
the country. The developing country is now<br />
on the fast track of development and is now<br />
seeing fast development of these sectors. The<br />
manacled and demonized capital markets are<br />
now taking roots.<br />
With this background, the need has never<br />
been more urgent to bring in reforms in the<br />
regulatory framework of the RBI or maybe<br />
even a complete overhaul of the system. SEBI<br />
rules have to be drafted from the scratch for<br />
standalone investment banks.<br />
Future Roadmap<br />
The first question that the RBI needs to answer<br />
is whether to continue with the BHC structure<br />
or to embrace the FHC one. The advantages<br />
of the latter are numerous. The first of which<br />
would be the unshackling of the IB industry,<br />
as the capital constraints would no more be<br />
relevant. In the FHC model, a holding company<br />
has subsidiaries that undertake banking,<br />
non-banking operations. Hence, commercial<br />
banking divisions would be protected from the<br />
risks emanating from the riskier activities. The<br />
risks arising from the losses of subsidiary IBs<br />
would be borne by the FHC. The responsibility of<br />
infusing capital into the subsidiaries would also<br />
lie with the FHC and not the bank. Lastly, the<br />
FHC structure would be beneficial in the event<br />
of winding up, as the resolution of different<br />
entities would be easier. As a clear demarcation<br />
would exist between the different components<br />
of the group. In the past, liquidation of the<br />
parent bank usually meant the liquidation of the<br />
subsidiary also. With a stronger FHC structure,<br />
this wouldn’t be the case anymore. Regulatory<br />
oversight could also be more efficient.<br />
Various studies commissioned by the RBI<br />
indicate a strong shift of the revenue pool from<br />
the traditional banking to investment banking.<br />
The acceptance of the FHC model could see<br />
the IB industry rise manifold, as the equity<br />
investment limits in the IB subsidiaries should<br />
not be as restrictive as the existing regulations.<br />
The first question that the RBI needs to answer is whether<br />
to continue with the BHC structure or to embrace the FHC<br />
one. The advantages of the latter are numerous. The first<br />
of which would be the unshackling of the IB industry,<br />
as the capital constraints would no more be relevant.<br />
Regulatory oversight could also be more efficient.<br />
NOVEMBER 2014