Financial services
The country’s financial services sector consists of the Capital Markets, Insurance
sector, and Non-Banking Financial Companies (NBFCs). India’s gross national
savings (GDS) as a percentage of Gross Domestic Product (GDP) stood at 30 per cent
in 2017. The total amount of Initial Public Offerings increased to Rs 84,357 crore
(US$ 13,089 million) by the end of FY18. In FY17, individual wealth in India
expanded to Rs 344 lakh crore (US$ 5,337.47 billion) from Rs 310 lakh crore (US$
4,620.66 billion) in FY16.
The asset management industry in India is among the fastest growing in the world.
Corporate investors accounted for around 43.44 per cent of total AUM in India, while
High Net Worth Individuals (HNWI) and retail investors account for 30.09 per cent
and 24.79 per cent, respectively. In the Asia-Pacific, India is among the top five
countries in terms of HNWIs. The Government of India has launched the 'Bharat 22'
exchange traded fund (ETF), which will be managed by ICICI Prudential Mutual
Fund, and is looking to raise Rs 8,000 crore (US$ 1.22 billion) initially. The Securities
and Exchange Board of India (SEBI) has allowed exchanges in India to operate in
equity and commodity segments simultaneously, starting from October 2018.
During the month of June 2018, equity mutual funds have registered a record net
inflow of Rs 8,794 crore (US$ 1.13 billion). Total equity funding's of microfinance
sector grew at the rate of 39.88 to Rs 96.31 billion (Rs 4.49 billion) in 2017-18 from
Rs 68.85 billion (US$ 1.03 billion) in 2016-17.^The public deposit of NBFCs increased
from US$ 293.78 million in FY09 to Rs 409.15 billion (US$ 6,089.52 million) in FY17,
registering a compound annual growth rate (CAGR) of 46.10 per cent.
In April 2018, the Government of India issued minimum FDI capital requirement of
US$ 20 million for unregistered /exempt financial entities engaged in ‘fund based
activities’ and threshold of US$ 2 million for unregistered financial entities engaged in
‘non-fund based activities’.
The Government of India has taken various steps to deepen the reforms in the capital
markets, including simplification of the Initial Public Offer (IPO) process which
allows qualified foreign investors (QFIs) to access the Indian bond markets. In FY18
the total amount of Initial Public Offerings increased to Rs 84,357 crore (US$ 13,089
million).
Major Player in Indian Financial services Industry:
n the financial markets, there is a flow of funds from one group of parties
(funds-surplus units) known as investors to another group (funds-deficit units) which
require funds. However, often these groups do not have direct link. The link is provided
by market intermediaries such as brokers, mutual funds, leasing and finance
companies, etc. In all, there is a very large number of players and participants in the
financial market. These can be grouped as follows:-
●The individuals: These are net savers and purchase the securities issued by
corporates. Individuals provide funds by subscribing to these security or by
making other investments.
●The Firms or Corporates: The corporates are net borrowers. They require funds
for different projects from time to time. They offer different types of securities to
suit the risk preferences of investors. Sometimes, the corporates invest excess
funds, as individuals do. The funds raised by issue of securities are invested in
real assets like plant and machinery. The income generated by these real assets is
distributed as interest or dividends to the investors who own the securities.
●Government: Government may borrow funds to take care of the budget deficit or
as a measure of controlling the liquidity, etc. Government may require funds for
long terms (which are raised by issue of Government loans) or for short-terms
(for maintaining liquidity) in the money market. Government makes initial
investments in public sector enterprises by subscribing to the shares, however,
these investments (shares) may be sold to public through the process of
disinvestments.
●Regulators: Financial system is regulated by different government agencies. The
relationships among other participants, the trading mechanism and the overall
flow of funds are managed, supervised and controlled by these statutory agencies.
In India, two basic agencies regulating the financial market are the Reserve Bank
of India (RBI ) and Securities and Exchange Board of India (SEBI). Reserve Bank
of India, being the Central Bank, has the primary responsibility of maintaining
liquidity in the money market. It undertakes the sale and purchase of T-Bills on
behalf of the Government of India. SEBI has a primary responsibility of regulating
and supervising the capital market. It has issued a number of Guidelines and
Rules for the control and supervision of capital market and investors’ protection.
Besides, there is an array of legislation’s and government departments also to
regulate the operations in the financial system.
●Market Intermediaries: There are a number of market intermediaries known as
financial intermediaries or merchant bankers, operating in financial system.
These are also known as investment managers or investment bankers. The
objective of these intermediaries is to smoothen the process of investment and to
establish a link between the investors and the users of funds. Corporations and
Governments do not market their securities directly to the investors. Instead, they
hire the services of the market intermediaries to represent them to the investors.
Investors, particularly small investors, find it difficult to make direct investment. A
small investor desiring to invest may not find a willing and desirable borrower.
He may not be able to diversify across borrowers to reduce risk. He may not be
equipped to assess and monitor the credit risk of borrowers. Market
intermediaries help investors to select investments by providing investment
consultancy, market analysis and credit rating of investment instruments. In order
to operate in secondary market, the investors have to transact through share
brokers. Mutual funds and investment companies pool the funds(savings) of
investors and invest the corpus in different investment alternatives. Some of the
market intermediaries are:
■ Lead Managers
■ Bankers to the Issue
■ Registrar and Share Transfer Agents
■ Depositories
■ Clearing Corporations
■ Share brokers
■ Credit Rating Agencies
■ Underwriters
■ Custodians
■ Portfolio Managers
■ Mutual Funds
■ Investment Companies.
These market intermediaries provide different types of financial services to the investors.
They provide expertise to the securities issuers. They are constantly operating in the
financial market. Small investors in particular and other investors too, rely on them.
Rules & Regulation:-
●The SARFAESI (Central Registry) Amendment Rules, 2013
●The Recovery of Debts due to Banks and Financial Institutions Act, 1993
●The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous
Provisions(Amendment) Act, 2016
●Negotiable Instruments (Amendment) Act, 2015
●Payment and Settlement Systems (Amendment) Act, 2015
●Banking Law Amendment Act to come into force, 2013
●Debts Recovery Appellate Tribunal (Procedure for appointment as Chairperson of the
Appellate Tribunal Amendment Rules), 2011
●Debts Recovery Tribunals (Procedure for Investigation of Misbehavior or Incapacity
of PO) Rules, 2012
●The Reserve Bank of India Act, 1934
●The Bankers' Books Evidence Act, 1891
●Shipping Development Fund Committee (Abolition) Act, 1985
●Chit Fund Act 1982
●Factoring Act Rules, 2011
●The National Housing Bank Act, 1987
●Banking Companies (Regulation) Rules, 1949
●The Banking Regulation(Companies) Rules, 1949
●Security Interest (Enforcement) Rules, 2002
●NABARD Bonds Regulations 1988
●SIDBI General Regulations, 1990
●The Banking Ombudsman Scheme, 2006
●Credit Information Companies (Rules & Regulation), 2005
Legal services of Preach Law LLP:
The firm provides advice on cutting-edge issues that cover multiple legal and business disciplines. Our expertise and understanding of the business is the foundation for providing
full range of legal services including:
●Arbitrations & Litigation
●Foreign Investments
●Regulatory
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●Contracts
●Teaming Agreements
●Auction/Bid Management etc.
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