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RBI Guidelines On Default Loss Guarantee In Digital Lending, 2023: A Step In The Right Direction?




Jigar Mehta, B.A. LL.B. (Hons.), St. Xavier’s University, Kolkata

ABSTRACT

The Reserve Bank of India (RBI) has recently issued guidelines for regulating default loss guarantee arrangements in the digital lending business with a view to bring such arrangements under the regulatory oversight and to ensure that no unsolicited act is undertaken by any entity.

This article elucidates how the arrangement operates and the relationship between the parties involved. Through this article, the author seeks to establish the flip taken by RBI from its earlier position of outrightly banning such arrangements and then re-introducing this concept by issuing guidelines for the matter with a view to foster development of the industry and bringing in an element of transparency and accountability. The article discusses the potential impact of the guidelines on the lenders, particularly on their FinTech partners.

Although, the guidelines depict the effort exacted by the regulator to provide for the lacunae prevalent in this maturing digital lending industry, a little fine-tuning is required to ensure that it hits the right spot as envisioned by the RBI and a balance is struck between ensuring regulation and achieving development.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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