SECP unveils proposed amendments to NBFC rules for public review

January 13, 2024 (MLN): The Securities and Exchange Commission of Pakistan (SECP) has issued the draft of proposed amendments to the Non-Banking Finance Companies (Establishment & Regulations) Rules, 2003, to solicit public comments, as per a press issued by the commission today.

Through these amendments, SECP aims to provide a more conducive regulatory framework for the non-banking finance sector.

The proposed changes are based on a comprehensive review of the regulation, considering the advancements in the NBFC ecosystem and the effectiveness of mandatory approval requirements.

The modifications include the removal of approval processes for the rate of profit on subordinated loans and the repayment of subordinated loans.

Additionally, the provision mandating the application for a license within six months of the Rules' notification has been omitted being obsolete.

Furthermore, the necessity for the submission of an undertaking by the company's promoters or majority shareholders for the sale or transfer of shares without prior approval from the Commission has been eliminated as it is no longer deemed necessary.

The requirement for furnishing evidence of qualifications and experience for individuals occupying "executive positions, research, or other related functions" within both existing and new companies is considered excessive and has been omitted.

Acknowledging the technological advancements within the financial services specific licensing requirements have been introduced for lending and microfinance services through digital channels including mobile applications.

Another additional requirement includes identifying major shareholders and funding sources and providing an undertaking on fund sources.

The Rules once amended shall require an NBFC to maintain membership in the relevant microfinance association.

Furthermore, to provide a conducive environment Schedule-I was amended, allowing existing company(s) an opportunity to conversion to an NBFC.

The amendments have been proposed after a comprehensive internal and stakeholder consultation. SECP believes these are critical to the long-term sustainability of the NBFC sector in Pakistan.

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