The recent action of the Reserve Bank of India (“RBI”) against Paytm's subsidiary, the Paytm Payment Bank has sent ripples across the fintech industry. The payment bank has been barred by RBI from engaging in any further activities that involve accepting deposits or top-ups in any customer account, prepaid instruments, FASTags, wallets, and more, post-February 29, 2024. In addition...
The recent action of the Reserve Bank of India (“RBI”) against Paytm's subsidiary, the Paytm Payment Bank has sent ripples across the fintech industry. The payment bank has been barred by RBI from engaging in any further activities that involve accepting deposits or top-ups in any customer account, prepaid instruments, FASTags, wallets, and more, post-February 29, 2024. In addition to other impacts, the direction results in barring the payment bank from accepting any new customer on board with immediate effect, and all basic transaction services through the payment bank have been frozen by the central bank.
This action of the RBI comes in light of multiple repeated violations by the Paytm Payment Bank of various compliances, regulations, and directions that are in place to regulate the functioning of payment banks. The violations have been highlighted in the system audit report and compliance validation report based on which the directive was issued by the central bank.
Legal Intricacies surrounding the matter
Paytm's recent controversy regarding its Payments Bank has sparked discussions about regulatory compliance and supervisory concerns, more specifically concerning the KYC process, alleged related party transactions, and complex shareholding. RBI's Press Release dated January 31, 2024[1] mentioned that action is being taken on grounds of 'persistent non-compliance and continued material supervisory concerns in the bank'. It is pertinent to note here that the central bank had also imposed a heavy penalty on the Paytm Payments Bank by an order dated October 10, 2023[2] for non-compliance with Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016[3], the RBI Guidelines for Licensing of Payments Banks[4], and the Cyber-security framework in Banks[5].
The primary concern behind the KYC guidelines is to ensure that any prospect of money laundering is completely ruled out and the anti-money laundering obligations are enforced effectively. The payments bank was involved in grave procedural lapses and did not conduct a diligent background check of the actual source of the funds, before on-boarding new customers. This serious violation of the compliances also goes against the entire intent of the Prevention of Money Laundering Act, as it greatly increases the possibility of dubious funds being circulated in the system.
The payments bank was allegedly involved in multiple related party transactions which was also one of the prime concerns of RBI. there existed a high level of interconnections and linkages between the Paytm Payments bank and other Paytm group entities. This had the potential of threatening the bank's autonomy, the founder of the payments bank had indirect yet substantial control over the bank's functioning and decision-making. Moreover, the bank had a complex shareholding pattern that further fuelled the central bank's concerns over probable related-party transactions. This squarely goes against the provisions of the RBI Guidelines for licensing of payment banks.
How is the RBI empowered to take such stringent actions?
Banking Landscape in India: Regulation & Enforcement
The Banking Regulation Act 1949, serves as the keystone legislation governing India's banking system. It regulates and governs the operations, administration and functioning of all banks across the country. This Act also empowers the Reserve Bank of India (RBI), which is the nation's central bank, to ensure that the other banks are complying with the statutory requirements that are in place and issue directives in its regard.
RBI plays a crucial role in ensuring that financial stability is maintained in the system. It regulates monetary policies, issues currency and also exercises supervisory command over the entire banking system. Therefore it yields great power and authority over other financial entities, particularly the banks.
Reserve Bank's Authority under Section 35A
Section 35A (1) (c) of the Banking and Regulation Act[6] states that-
“Power of the Reserve Bank to give directions.--(1) Where the Reserve Bank is satisfied that-
(c) to secure the proper management of any banking company generally, it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions.”
This section thus provides specific powers to the central bank to intervene in circumstances that warrant intervention. It also enables the RBI to issue directives to the entire banking sector or to particular banks in case of specific circumstances. Such intervention would be deemed necessary when it is essential to take steps in order to safeguard public interest and to protect the interest of depositors as well as the banks.
Effects of Non-Compliance
The banks that fail to comply with the directions issued by the central bank exercising its powers under Section 35A, would have to face penalties mentioned under section 47A(1)(c)[7] read with section 46(4)(i) of the Act[8]. The RBI can levy a penalty of up to Rs. 1 crore or twice the amount involved in the violation, whichever is higher. In case of a continuing violation or a non-compliance which is continuous in nature, an additional penalty of Rs. 1 lakh can be levied each continuing day after the initial penalty is issued.
Why is it crucial to keep the Payments bank in check?
While the recent action against Paytm Payments Bank has garnered significant attention, it is important to recognize that the RBI has previously imposed penalties on other payment banks also like Airtel[9], Jio[10], and Fino[11] for non-compliance with regulations related to KYC norms, timely submission of applications in the case of reappointment of Managing Director and Chief Executive Officer, and licensing conditions and other such regulations.
The primary reason to regulate the functioning of the payment bank is to safeguard the interests of customers and to ensure that the integrity of the banking industry remains intact. For this, the RBI needs to ensure that Payment banks comply with all the regulations that are in effect. furthermore, their appropriate regulation is also crucial because-
1. Payments banks are financial institutions similar to regular banks. Stringent regulations aim to ensure they have robust financial systems and risk management practices to prevent potential failures and protect depositors' money.
2. Considering that it is a relatively new concept there are more chances of exploitation.
3. Treating all financial institutions similarly, regardless of size or type, is crucial for maintaining a level playing field. Stringent regulations for payment banks could be seen as ensuring they operate under similar standards as traditional banks, preventing unfair advantages or regulatory arbitrage.
RBI's action against the Paytm Payments Bank brings out the central bank's regulatory mechanism. It is necessary to have a proper and timely act on the part of RBI in the case of many erring financial institutions.
Views are personal.
[1] Reserve Bank of India, Press release on Action against Paytm Payments Bank Ltd, 2023-2024/1774 (Issued on January 31, 2024).
[2] Reserve Bank of India, Press release on RBI imposes monetary penalty on Paytm Payments Bank Limited, 2023-2024/1091 (Issued on October 12, 2023).
[3] Reserve Bank of India, Know Your Customer (KYC) Directions, 2016, (Issued on February 25, 2016).
[4] Reserve Bank of India, Guidelines for Licensing of “Payments Banks,” (Issued on November 27, 2014).
[5] Reserve Bank of India, Cyber Security Framework in Banks, RBI/2015-16/418, (Notified on June 2, 2016).
[6] Banking Regulation Act, 1949, § 35A (1) (c), No. 10, Acts of Parliament, 1949.
[7] Banking Regulation Act, 1949, § 47A (1) (c), No. 10, Acts of Parliament, 1949.
[8] Banking Regulation Act, 1949, § 46 (4) (i), No. 10, Acts of Parliament, 1949.
[9] Reserve Bank of India, Press release on RBI imposes monetary penalty on Airtel Payments Bank Limited, 2017-2018/2410, (Issued on March 09, 2018).
[10] Reserve Bank of India, Press release on RBI imposes monetary penalty on Jio Payments Bank Limited, 2020-2021/554, (Issued on October 28, 2020).
[11] Reserve Bank of India, Press release on RBI imposes monetary penalty on FINO Payments Bank Limited, 2018-2019/1055, (Issued on November 5, 2018).