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sophisticated investors

Are Sophisticated Investors Harming Fintech Lending Platforms?

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Sophisticated Investors: Harming Fintech Lending Platforms?

Recent times have observed commercial entrenchment of the online lending platforms within erstwhile secure positions of the banking institution by strategizing the networking initiatives with investors who are willing to back them so.

A major problem persists for the peer-peer networks, commonly known as online lending platforms, and it is the manipulation of the scenarios by informed investors with advanced methodologies involving advanced tools that screen and select desired loans with the lowest default rates, often leaving leftovers of unwanted lending options with less experienced investors, thereby making the less experienced and less informed investors less inclined to continue the usage of the platform.

Insider knowledge portrays disbursement of less than 100 Cr of disbursement an annum for the P2P platforms whose magnitude falters before INR 2 Lakh Cr disbursement achieved by NBFCs. The difference in the magnitude often reflects and dictates the enthusiasm of the investors and the reality which is reflected in the investment as their approach is not bearish, but not quite bullish as well.

Most P2P platforms are at the seed investment stages and are fast losing steam in spite of the newer socio-economic trend of loans inferring heavy consumerism which ranges from purchasing high-end gadgets or fulfilling the modern-day goals as dictated by the pop culture.

However, the disbursement of the loans is not contingent upon the consumerist dreams of the individual but around a complex web of requirements ranging from the borrower’s profile, credit score and the fears of the Central bank often puts regulatory hindrance against any backdrop of freeloading loans much likely to prevent any credit crisis.

Such issues become important to address against the popularity and appeal of such websites, lest it becomes a contest to prove the best methods to avail such loans and reduce the effectiveness of value provided to the consumer through the digitization of such services.

The Evolving Sociology Of Availing Loans

The sociological nature of the Indian investors debars them from initiating any risky business proposition, thereby it becomes extremely important to identify and observe the profile of the loan applicants to track the safety of the loans, and such identification is diligently done where profitable venture can be availed.

Such analysis is done only through the consent of the loan applicant to avail the data, they determine a score of a certain ball mark value about the safety of the loan, and after such scoring, the interest rates are conferred upon the graded applicant.

The significant departure of the individual from the model of the traditional bank is marked not only by the choice that the applicant has to choose the loans that they want to avail of but the data they want to reveal to the lenders as well, the traditional model followed a bit more ‘hands-on’ approach, against the newer consent-based system.

This shift to a combination of automation and consent is fast rendering the traditional model less lucrative to the applicants, as the basic notion of favoring bias and issue of privacy exercised against a range of monetary value can even lead the investors to accept a different set of terms of the loan.

The Regulatory Vision Behind The Loans

Not all ventures can be profitable and thereby such losses in the context can be registered as a loss of capital. The lender should have the exercisable option of setting the loan off or enforcing claims against it extendable to a time range to offset the capital loss in a wider and smaller frame.

Introducing rebates for such P2P firms can be delivered in form of small or medium scale enterprises and embedded within the statutory and the regulatory behavior towards such sector through the annual budget, leading to more opportunities to increase profitability, lucrative nature of the business, and thereby attracting more investment by the time.

Such temporary solaces should be exacerbated by permanent solutions exercisable through a shift in the regulatory and the statutory base dealing with P2P, such efforts can be encouraged by removing the barriers and linking the channels of cash such as the Mudra Bank, to fund such technological venture in a position directly against the equity of the firm involved through modern or mezzanine financing.

Conclusion

Temporary relief paired with regulatory easing effectuates small changes to the overall structure of the society that will go a long way in financing the open society and its functioning. It is only a proponent of time before the seeds of economic development can be properly availed against the attribute of the Indian society as a young and a risk-taking one.

The newly born fintech industry needs institutional support through temporary and revision of pre-existing permanent mechanisms to ensure compatibility and, to ensure efficient state and asset building it becomes imperative for the government to take actions in micro-structures of the economy provide effective and conducive conditions for the emergence of institutions of national importance.

The startup founder should not debase their risk-taking appetite and the agility that would only be unique to the younger companies.

 


Tags: lending platforms, sophisticated investors, fintech platforms, fintech lending, fintech industry, lending options, fintech market, fintech lending platforms

saving and spending

Personal Finance and Covid-19: The Changing Times of Saving and Spending

By Others No Comments

Personal Finance: The Changing Times of Saving and Spending

In the new world, suddenly income has vanished, reduced, or settled at an extremely meagre amount leading to new risks. The risks have led to new dimensions of saving and spending that represent a forgotten luxury. As we switch from fear to a phase of gradual restart and hope for recovery, the questions about personal finances after Covid-19 are stark.

The pandemic has gone a bit too tough on some families while it was easier to sail through for the fortunate. The pillars of income, spending, saving, and investing for finance have undergone a drastic change as a direct outcome.

Risk has been the driving factor affecting income. Millions of livelihoods have been wiped out by the pandemic. Millions who are left with no employment have faced the primary brunt of the lockdown. Many employers who funded the first month of pay thereafter turned reluctant to extend the benevolence.

With the economic activities coming to a jerking halt, there is no work and no pay; with families surviving upon the skimpy amount of savings, they had. Many have lent a hand on loans and pledge to endure through these mellow times.

Many significant monthly income earners, many have been sitting without payment or have settled with a significant pay cut in the hope to hold on to their jobs. Many have been left unsure about how the work from the home situation would extend overtime and whack upon their monthly wages. Those who ran businesses have no income. Stocks remain unsold, bills are unpaid, and there is no revenue with no buyers. From big to small, all businesses have come to an unbelievable pause. 

In this new world, thus across segments income has evaporated largely. Keeping the job and hunkering down is the best possible we are looking at. This customarily means that demand for credit will increase sooner or later. There is a high probability of loans being unsecured, or against assets accumulated, but as the liquidity reserves dry up, loans will move up.

Banks and NBFCs have enough liquidity to be reasonably expected to provide short-time finance. However, without economic activity for long, they cannot go too far either. This is why the lack of government spending, and the lack of bold reforms that place money in the hands of the people, sting.

Spending has changed dramatically as well. Changing risks to income has automatically led to individuals cutting back on many expenses. Incurring no expense on eating out, entertainment, travel, or clothes, is the new normal. Beyond essential commodities and utility bills, there has been not a single penny spent.

For households surviving on businesses, the spending habits have been left to bleed. The ability of these businesses to employ people, pay salaries, and expand activity is curtailed, creating a negative spiral of loss.

Saving and investing in the background of such events have led to the burial of splendour. Individuals are barely managing to maintain a surplus in the banks, while ones with enough wealth are investigating newer strategies of investment to receive better output from the falling market.

The signs of market behaviour indicate a prolonged recovery for all of us. It is time until we triumph over the pandemic. Until the time arrives, it is wise to restrict our spending only on essentials to avoid further strain on individual finance.

Between the mindless excesses of unbridled consumption, growth, and expansion and the rigid frugality of minimalistic existence, lies a means that we may not be able to choose or pursue. The next 12 months is about that exploration that might define the new character and culture of the household.

To endure through the next few months individuals have been preparing for a contingent fund by minimising regular expenses. There has been this growing trend to clinch enough cash to survive until this crisis passes. Temporarily there have been reductions in contributions in retirement plans as one focuses on redirecting resources to the emergency fund.

Individuals have been inclined to the repayment of loans and have been regular with EMI payments, despite the available moratorium to avoid any extra burden in the future, unless the same has been impossible to be done due to lack of enough resources. Individuals have minded toward long term savings to build upon enough corpus to hedge the risk of market fluctuation and compounding returns.

The times have been extremely uncertain and the panic about finance amongst all has been highly conspicuous. The changing dimensions of spending and saving have been the direct outcome of the crisis all have been forced into. The frontline to survive through this has been very simple, this too shall pass!

financial protection

Money and Coronavirus: A Financial Protection Guide

By Others No Comments

A Financial Protection Guide

The relief from retrenchment and layoffs is not much ubiquitous in the Coronavirus saga. With the sudden business closure and unemployment in massive numbers, the world counters times like never before. While we spend a disproportionate time anticipating the future, confusion and fear linger over our present whereabouts.

It is more sensible to respond to the clarion call and drop all precarious predictions and worthless grazing of the way forward, navigate through the tough times and take a stake in the situation in time.

While some glorify the work from home culture, some fear the deepest recession while others struggle to drive through the brunt of the cut-out. The uncertain times have dawned with pay cuts, lower-income, and a persistent threat to individual finances.

Consequently, things like tax payments, loan repayment, mortgage, and losses in business have all piled up to leave individuals doomed. Possibly this crisis puts forth us the paramount challenge of protecting subsisting credits to tackle the past as well as prepare for the future.

In order to keep steady, the primary approach would be to keep sight of the existing cash. Spending needs to be with caution. While we beat through the present, the future is uncertain. There is no denying that it could worsen subsequently. In order to tide through upcoming times, the pivotal idea would be to conserve. With the reduction in discretionary expenses and a linchpin on essential spending, enhancing the frugality would be the key to surviving until the economy rebounds.

In desperate attempts to glide through the pandemic despite business shutdowns and layoffs, the continuous efforts should be directed to liquidate assets and investments in an orderly fashion. This could enable the achievement of urgent short-term cash needs to fortify irrecoverable losses. As a matter of prudence, undertaking considerations and implication of taxes and cost of liquidation would lead to better configure of money.

The key to protecting your monetary reserves would be to shun debts. Avoiding loans against assets may not fetch yields as liquidation could procure. Debts could add to the persisting miseries and lead to a financial catastrophe. On a similar note, fighting shy of using credit cards and switching to debit cards could also help ease out situations in the long run.

Resort to moratorium must unless there is a dire liquidity crisis. The deferred interests shall accrue to a larger amount and there remains nothing much at again.

Owning health and life insurance at such times would also be crucial. Continued coverage is critical for an individual and family. Improving on already existing policy with mandatory health insurance could help fight credit perils in worst-case situations. Having a term plan for financial dependents could leave them with sufficient cash reserves post your demise.

Anxiety and fear could trigger prompt decisions adding to the ongoing losses. Investment in such times hence needs to be done with a clear mind in line with financial goals. Long-term investments are advisable to tolerate the ongoing volatility and to get back higher returns. Aligning all or existing investments in accordance with such earmarked goals would have an extensive role to bank upon your subsisting money. Gold investments would be a ready preference to counter the crisis cyclically.

Even if the gory economic features have left your financial reserves undisturbed till now, it would be sagacious to start early. There is yet no answer to a possible remedy to Covid-19 and the current situation could drag ahead the next few months. For the sake of floating through even if the situations worsen further, a stitch now could help circumvent a dire financial crisis in the future.

 


Tags: consumer financial, financial protection, consumer bureau, consumer financial protection, financial protection bureau

the hospitality industry

The Sinking Hospitality Industry

By Corporate Law, Others No Comments

The Hospitality Industry

With international borders sealed, suspension of movement across the country, and the declaration of the nationwide lockdown, the hospitality industry witnessed an unprecedented truncated phase in history. Adding to the persisting nemesis comes panic and dread for travel amongst people.

The hospitality industry feels the heat as travel becomes a long-forgotten phenomenon in this Covid world. The occupancy level of hotels and resorts has hit a major low since the beginning of March as the nervousness and anxiety about the spread of the virus started unfurling throughout the world.

Adding to the tumult, the situation for businesses working on a lease for commercial space has been grim. With bleak chances of revival of business soon, payment of rentals has been one of the most worrisome aspects for many of the business owners in the hospitality sector.

Small to the world is huge to the Hospitality Industry

The hospitality industry has been one of the worst-hit by the pandemic with a shortfall in business and a lack of government stimulus. Closure of food outlets and downsizing operations have been routine since the spread of the virus. The industry has come down to zero revenue in the past three months.

This would customarily lead to the loss of jobs for many in the industry. Food joints have been forced to connect with online food delivery businesses with the hope of some respite. Metropolitan cities, which witnessed business visitors plenty before the pandemic, are anticipated to be ready for tough times ahead.

Revival of Hospitality Sector: Bleak chances in the near future

The hospitality industry despite being the worst hit by the pandemic has received the least stimulus from the government. It is not very soon, that businesses in this sector can be expected to be flourishing afresh. Even with the go from government reopening the industry in June, it would be wrong to expect the situation to get back to normal before November 2020.

The average reset for the entire industry is contemplated to be 12 months, with the major ramp-up of operations that can be expected to arrive by February 2021. The revival period coincides with the off-season period of six months, which is set to commence shortly; and the industry can be expected to only see cash flows improving by the beginning of the next year.

Change of business model for the hotel industry

Post the pandemic, the hotel industry awaits a transformation in operations as well as the setting up of business. Instead of huge properties, developers would be looking forward to small but multiple properties to make the process cost-effective and incur less debt on the balance sheet. Domestic leisure travel facilities could see a boom in business as most people will avoid international vacations for quite some time now.

Drivable destinations would be the go-to place as the hassle of stay could be avoided. Luxury business hotels shall remain in a worrisome position with minimal international travel their operations are not expected to pick until a few months from now.

Hospitality 2.0: The Post Covid Era

The hospitality industry is looking for a way out to kick start business soon after the lockdown. There is a multitude of considerations from operational changes, repurposing property, and maintaining strict hygiene measures before the onset. With many hotels and businesses in the industry being forced to shut down due to the implications of the revenue loss, the industry is hunting for new operational solutions to commence business.

The post-Covid era would expect the industry to enhance its hygiene and sanitization process by opting for more contactless delivery and services. The succeeding times could also witness a revamp of the hotel business model to ensure a safe stay for the customers.

financial literacy

Financial Literacy a Must for The Right Decision-Making

By Corporate Law, Others No Comments

Financial Literacy a Must for The Right Decision

Indian financial markets have turned increasingly complex for the common man, and a necessity has arisen to increase financial literacy to enable people to make informed decisions. Financial literacy consists of knowledge of financial concepts such as spending, saving, borrowing, investing, etc., and using it to manage personal resources efficiently.

Individuals faced with having to make complex financial decisions because of the complicated financial environment find that imprudent financial decisions like excessive spending, living on borrowed money, and deferred debt payments made earlier in life can prove to be costly.

Financial education can be seen as the best strategy to help individuals to manage their limited financial resources wisely, ultimately resulting in a decrease in the number of individuals being declared bankrupt.

The Organisation for Economic Cooperation and Development (OECD) has defined financial education as, “the process by which financial consumers/investors improve their understanding of financial products and concepts and risks, and through information, instruction and/or objective advice, develop the skills and confidence to become aware of (financial) risks and opportunities, to make informed choices, to know where to go for help, and to take other effective actions to improve their financial well-being and protection.”

Financial literacy has assumed a significant role in the present era due to factors including the development of new financial products, the complexity of financial markets, information asymmetry, and changes in other economic factors. It results in the intersection of financial inclusion, financial development, and financial stability.

Financial inclusion The Indian government has tried to provide financial products and services to all sections of society concentrating particularly on the weaker sections and the low-income groups to enable their inclusion in the market.

People are getting literate enough to understand banking and financial concepts and terminology. Reserve Bank of India (RBI) has aggressively looked into it by joining hands with non-governmental organizations (NGOs), self-help groups (SHGs), and commercial banks.

Financial literacy and credit counseling centers have inculcated saving habits among people, to make them aware of the financial products and the credit schemes, and counsel them to prevent unmanageable debt levels. Increased financial literacy supports social inclusion and enhances the well-being of the community.

The Securities and Exchange Board of India (SEBI) has undertaken measures through stock exchanges, depositories, mutual funds associations, associations of merchant bankers, etc. by organizing seminars wherein study material is disseminated to educate investors. Another material related to financial education is available on the official website of SEBI.

Furthermore, the advancements in the information and communications technology (ICT) sector, the advent of mobile phones, the internet, and ATMs have also changed the way financial business is conducted. Financial development Financial illiteracy has been a barrier as per as delivering services is concerned. If individuals are not familiar or comfortable with products, they will not go for them.

In recent years, the knowledge about interest rates, exchange rates, etc. has been influencing the decision-making of individuals and they face financial risks despite informed decisions. It leads them to devise risk management strategies.

Businesses sometimes try to control financial risks with private insurance coverage and sometimes through various financial products. Financial literacy programs have played an important role in reducing economic inequalities as well as empowering citizens and decreasing information asymmetries between financial intermediaries and their customers.

Innovations such as electronic payments are helping those who have been excluded from the system. Financial development is widely recognized as an important determinant of economic growth.

Financial stability is also an integral component of customer protection. Customers are often penalized for minor violations in repayments, although they have limited redressal mechanisms to rectify deficiencies in service by banks, rendering the banker-customer relationship unequal.

Literacy has empowered the common person and thus reduced the burden of protecting him/her from the elements of market failure from a regulatory perspective. They understand the details of the regulations and avoid any kind of mistake that can have adverse effects.

Financial literacy has improved the integrity and quality of markets. It has provided individuals with basic tools for budgeting and helped them to acquire the discipline to save. It has ensured that they can enjoy a dignified life after retirement. It relates to personal finance, which enables individuals to take effective action to improve overall well-being and avoid distress in financial matters.

Hence increased financial knowledge has enabled people to participate in financial markets. Numerous households have improved money-related proficiency and individuals, as well as households, have been observed to be inclined to possess a retirement plan and savings.

Financial literacy plays a vital role in the efficient allocation of household savings and the ability of individuals to meet their financial goals. It has resulted in instability in the market and individuals’ financial conditions have improved. Conclusion Knowledge is crucial for financial decision-making.

This conclusion may be drawn on the basis that a strong correlation exists between the extent of an individual’s education and that individual’s investment acumen, the propensity to save, and management of personal credit. A positive correlation between greater education and increased investment in higher-yielding assets and higher investment-related income and a lower incidence of personal credit mismanagement like bankruptcies can be achieved.

RBI and SEBI’s initiatives are strides taken in the right direction for achieving its objectives of financial inclusion and financial literacy. Various NGOs and SHGs are also contributing to improving the financial education of the people.

However, more capital infusion towards financial literacy workshops and seminars at schools, colleges, workplaces, and residential areas is required so as to boost its effectiveness and spread. Early financial education and increased financial literacy are imperative and should be a first-order concern for public policy and educators alike.

 


Tags: financial literacy, financial education, financial awareness, financial knowledge, financial literacy for students, personal financial literacy, basic financial literacy

Rs 20 lakh crore package

Distribution Of Rs 20 Lakh Crore Package

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Rs 20 Lakh Crore Package – Atmanirbhar Bharat Abhiyan

The Finance Minister made the fine print of Prime Minister Narendra Modi’s Atmanirbhar Bharat Abhiyan economic package, India’s economic response to the Covid-19 pandemic by the announced in her 5 days of economic stimulus press conferences. The package of Rs 20 lakh crore has been divided between measures that the government is taking now and the measures that it has taken earlier.

The overall package consists of three primary components – a set of measures taken by the government before Modi’s speech on May 12, the Reserve Bank of India’s liquidity measures over the last two months and the five tranches announced by Nirmala Sitharaman.

The government’s Rs 20 lakh crore economic support package, intended to help the economy tide over the Covid-19 crisis, will involve a very small amount of direct government spending. It is estimated that the actual fiscal impact on the budget could reach the bottom based on the calculations and assumptions made during the series of announcements.

The package may fall short of mitigating the near-term challenges for some businesses, but it is better designed to improve India’s medium-term growth potential.

Even though the announcements made are worth over Rs 20 lakh crore, the actual cash outlay by the government this year and the impact on the fiscal deficit will be far less. This is because many of the government’s proposals are credit-focused or are aimed at easing liquidity concerns for many affected sectors.

Any costs incurred will be initially covered through banks or other financial institutions and thus not result in actual cash outgo by the Centre. A part of the initiatives announced may only be ramped up over an unknown period of time and therefore may not be fully relevant for the fiscal deficit this year.

Further, it is difficult to hone in on an exact figure as much of it shall depend upon the Centre’s pace of implementation of certain programmes.

Meanwhile, it has used the cover of the COVID-19 crisis to plough through long pending, politically sensitive reforms. The fourth instalment of the Rs 20 lakh crore package comprised reforms for sectors including coal, minerals, defence production, air space management, airports, MRO, distribution companies in UTs, space sector, and atomic energy.

For improved ease of doing business among MSMEs, the minister extended the initiation period of fresh insolvency proceedings against MSMEs by six months to up to one year along with excluding Covid-19 related debt from the ‘default’ category under the IBC Code.

There has been no mention of any direct transfer from the economic package. Thus, people like the migrants, domestic workers, and street vendors do not find much to look up to who are in dire need of cash for livelihood and sustenance. The scheme aims at providing empowerment but not entitlement.

The ease of getting loans will be much more effective in an economy where a significant number of people are already finding it difficult to sustain the month on the income received. The announcement made by the Finance Minister has gone through a fair round of criticism by various economists and financial experts, some of the most important points on which the stimulus package falls short include,

Firstly, it is considered to be less of a stimulus and more of industrial reforms, which could have been announced at any time let alone being announced in times of crisis.

Secondly, it has been also observed that the only direct budgetary cost in this tranche was Rs. 8,100 crores to be provided as a raised 30% viability gap funding to boost private investment in social sector infrastructure.

Thirdly, the package may fall short of mitigating the near-term challenges for some businesses, but it is better designed to improve India’s medium-term growth potential

Finally, the fourth and fifth tranches covered sectors of strategic importance but these policies will be rolled out over a 3-6 month period, and any implication for supporting or reviving the economy as it comes out of lockdown is missing.

The relief package is a bold attempt to help the world’s one of the largest economies as it strives towards its first full-year contraction in four decades. While the package contains a suite of offerings targeted at different sections of the economy including the MSMEs.

Any subsequent announcements should include labour reforms and contain a clear focus on addressing the immediate need for cash for the MSME sector to meet its short-term working capital requirements, preserve the entrepreneurial spirit and boost capital formation and consumption. The figure might should up a large amount of package, but the core is hollow.

 


Tags: atmanirbhar bharat abhiyan, economic package, 20 lakh crore package, economic stimulus package, economic relief package, 20 lakh crore, atmanirbhar bharat abhiyan economic package

landlord tenant relationship

The Impact of COVID-19 on The Landlord Tenant Relationship

By Real Estate, Others No Comments

COVID-19 Impact on The Landlord Tenant Relationship

Sequoia Capital, a leading venture capital company, termed the novel Coronavirus the ‘Black Swan of 2020’. Black swans are rare, and so is this virus. The pandemic has been spreading at an alarming rate, pushing economies to an unprecedented standstill, and placing a period on the rental incomes of landlords.

In the wake of mass unemployment, salary cuts, and loss in investment values, the Central and State governments were compelled to provide rent relief measures to tenants, especially for the lower strata of the society.

Thus, to prevent a wave of homelessness, the Central Government introduced several rent relief measures. In a recent order, the same discouraged landlords from demanding rent from poor people and migrant workers. The Uttar Pradesh government also issued an order in the Noida area with regards to asking landlords to defer the collection of rent by a month.

The order also included a punitive action in the form of imprisonment of up to one year, a hefty fine, or even both of the aforementioned, for landlords found to be violating the said order.

Recently, the Maharashtra Housing Department also advised landlords and homeowners to postpone rental collections from tenants for at least three months, and not evict tenants for non-payment of the same. This circular, however, is only an advisory to landlords in Maharashtra, and should not be misconstrued as absolute or legally enforceable. The rationale was to grant relief to tenants who are not able to fulfill their rental obligations during the current crisis.

This decision was welcomed by tenants located across the state. One prominent real estate developer announced a full waiver for its retail tenants in its properties until the end of the lockdown. However, not all landlords have taken similar actions to mitigate the suffering of small businesses.

In fact, relaxations meant to secure a roof over tenants may jeopardize those landlords whose survival is largely dependent on rental incomes, especially in the case of some senior citizens. To the lack of respite by the government, landlords continue to bear electricity and water charges, property taxes, insurance, maintenance, and mortgage payments.

To provide fiscal stimulus and liquidity, RBI announced a three-month moratorium on Equated Monthly Installments (EMI) of loans, such as housing loans, personal loans, auto loans, working capital loans, and even credit card dues, to name a few, without negatively impacting the credit scores of borrowers. This move is likely to abate the potential ripple effect across the real estate and banking sectors caused by massive loan defaults.

However, there is a caveat that interest is not waived off, and will continue to accrue on the outstanding loan amount. Furthermore, such forbearance programs only defer mortgage payments, rather than completely forfeiting or discounting the cost.

Maharashtra Housing Department’s un-enforceable circular coupled with the EMI moratorium imposed by the Reserve Bank of India (RBI) may leave startups and small businesses with low cash reserves, struggling to survive the ongoing crisis. Unfortunately, lessees (commercial) might not be able to benefit directly from these orders, since many banks have this prerogative of creating relief packages, and evaluating applications to avail for the same.

The government’s move fails to provide all-encompassing blanket protection, especially to corporates in need. As a result, many businesses may not be able to see the light at the end of the crisis.

Additional remedies available to landlords and tenants shall depend on the language of the contract and the legal relationship between the parties – be it lessor-lessee, licensor-licensee, or landlord-tenant. The commercial tenants could invoke the clause of Force Majeure, which could be used to absolve them from clearing rental dues in the midst of an event beyond their control, which affects their ability to operate.

Nevertheless, events under the said clause are not stated exhaustively under the law, and the applicability of the same depends upon the language of the contract and its interpretation by the Courts. Therefore, the parties must review and, as mutually agreeable, revise the terms of the agreement in order to meet a consensus and provide breathing room to both parties.

Regardless of government efforts, individual circumstances indicate foreclosures across the country. Fortunately, the Supreme Court observed, “A tenant can not be evicted arbitrarily via the use of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act) since that would amount to usurping the statutory rights of protection provided to the said tenant.”

Therefore, in case of a landlord fails to repay a loan, the same can not use section-35 of the SARFAESI Act to bulldoze the statutory rights provided to the tenant under the Maharashtra Rent Control Act, 1999.

Therefore, in a crisis, where resources and revenues drain faster than expenses, only time will tell whether the government’s measures for protecting the interests of the tenants will leave landlords grappling to survive the crisis without any respite.

In a jurisdiction that hugely favors tenants in rental disputes, landlords, though perceived as wealthy and greedy, may bear the brunt in the wake of rent relief measures announced by the Central and State governments.

Though normalcy appears to be a distant dream in India, deep collaboration between parties to a contract with a shared objective of contractual performance, may keep litigation off the charts and provide a win-win solution to all.

 


Tags: landlord and tenant, private landlords renting, landlord tenant relationship, notice to vacate, landlord tenant lawyer, tenancy act,

landlord tenant

force majeure under rera

COVID-19: The Rising Prominence of Force Majeure Under RERA

By Real Estate, Others No Comments

The Rising Prominence of Force Majeure Under RERA

The slowbalisation of world economies due to the COVID-19 outbreak has frozen funds, immobilized citizens, and put a halt to the growth of several industries. The real estate sector has not been spared, owing to lack of labor availability due to vast numbers of the same migrating back to their hometowns, and declining asset prices, thus decreasing the purchasing power of customers.

The resilience of this sector shall be put through a test as projects, most of which might get delayed with construction activities stopping during the lockdown period. In such a scenario, when developers and other real estate players are desperately reviewing their contracts to invoke a provision that absolves them legally from non-performance of their obligations under the same contract, the provision of Force Majeure gains prominence.

Under the Real Estate (Regulation and Development) Act, 2016 (RERA Act), section-6 describes the force majeure condition and explains that the registration is given by the concerned Real Estate Regulatory Authority (RERA), could be extended, in case a promoter applies for the same purpose, albeit backed by a Force Majeure event.

Force majeure, under RERA Act, means an instance of a flood, war, fire, cyclone, drought, earthquake, or any other nature-caused calamity, which affected the regular operation of a real estate project. The point to be noted is the ‘any other nature-caused calamity’.

In the cases, where an agreement includes the clause of Force Majeure, the promoter has to make clear the scope of the same clause, to ascertain, if the term pandemic/epidemic or something alike, is included therein. After the promoter triggers the clause of Force Majeure, if included in the agreement with an allottee, the current crisis would not frustrate the entire contract or absolve the promoter of delivering the promised units.

Still, it will only grant the promoter some extra time to fulfill the agreement. Therefore, the duration of such an extension would depend upon the impact of the novel Coronavirus on the real estate project.

Once a promoter achieves the milestones of construction which are linked with payments, an allottee shall not be asked to pay any more installments. For the milestones which have been completed, it is not likely that an allottee would be granted an exemption by the promoter.

Whereas, if such an agreement does not include the Force Majeure provision and there arises a failure to deliver possession by the promoter, the respective allottee has the right to withdraw from the real estate project, under section-18 of the RERA Act.

In cases like these, the promoter has to return the capital received by him/her with respect to the concerned property in addition to interest and suitable compensation. On the other hand, if the allottee does not intend to withdraw from the real estate project, then the promoter has to pay interest to the allottee for each month that the respective property gets delivered to the said allottee.

In such instances, where a contract does not include provisions dealing with the results of certain supervening events, the doctrine of frustration, as given in section-56 of the Indian Contract Act, 1872, could be applied. The same section, among other things, provides that a contract to do an act if after the contract is already made, becomes impossible to do, due to an event over which the promisor had no control and could not prevent the same, the contract becomes void.

Nevertheless, in the present circumstances, parties might not be keen to go down this path, as the route of frustration ultimately leads to the termination of the contract in its entirety, and the promoter may instead be wanting temporary relief, from the performance of their obligations under the concerned contract.

Usually, the invocation of section-6 of the RERA Act is not automatic, and promoters have to submit an application for the same purpose to the concerned Real Estate Regulatory Authority. However, the Ministry of Finance, Government of India, has taken cognizance of the novel Coronavirus as an event of Force Majeure, thus providing much-needed relief to real estate companies in India.

The ministry also gave an extension to the validity of the registration and the completion date, suo-moto, by six months, for all real estate projects registered under RERA Act, which were expiring on March 25, 2020.

Even if this announcement may not wholly save the real estate sector from the financial distress it currently finds itself in, the said sector will be able to gather up some resources for the much bigger battles that wait going forward, since the purchasing power of homebuyers is hit severely by the viral outbreak, and purchasing a home has dropped to a lower point on their list of priorities.

Given the ongoing crisis, which none of the contracting parties could have predicted, the Central Government considering COVID-19 as a Force Majeure event, is a step in the right direction.

Along similar lines, the Singapore Government had, on April 7, 2020, cleared the COVID-19 (Temporary Measures) Act 2020, to provide measures of a temporary nature, as well as to deal with any other matters with regards to the COVID-19 outbreak.

This Act, coming into force on April 8, 2020, provides for among other things temporary relief in case of the inability to perform a contract, in addition to extra relief, if unable to complete a supply or a construction contract.

 


Tags: majeure, force majeure under rera, majeure meaning, define force majeure, force de majeure, force majeure, real estate sector

future of msmes in india

COVID-19: Future of MSMEs in India Post-Pandemic

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Future of MSMEs in India Post Pandemic

The Small and Medium Enterprises (“MSMEs” hereafter) sector plays a central role in the global economy. MSME creates a lot of jobs, drives innovation and acts as an incubator for tomorrow’s multinational corporations.

MSMEs that contribute to almost 45 per cent of India’s gross domestic product (GDP) are suffering because of both supply and demand issues and are quickly losing their small reserves and cannot expect to survive this crisis unless substantive support is immediately available. 

The sector has added some significant power to the overall business, contributing a whopping 40 per cent to the country’s GDP through its 200,000 kroner goods and services. It is also the engine of life for millions of people.

India has registered an 11-year low economic growth of 4.2 per cent in FY20, and many sources forecast a negative growth rate for FY21 as we stare at a recession after almost four decades. Across various horizons, many sectors will experience a contraction in demand and job opportunities, and be contingent upon the performance of multiple factors. 

MSMEs have no easy path to prosperity. The problems that harangue the industry and reduce margins range across infrastructural deficiency including lack of adequate capital, infrastructural hurdles, inadequate digitalisation, scattered markets, absence of compatible financial partners and final and the biggest behemoth of statutory clearances dealing with the ‘Babus’, the political stooges, gangs and goons, cartels etc. 

Alongside all the pre-existing problems, MSMEs were already in a weaker phase owing to the policies like demonetisation and the haphazard implementation of GST, which cornered this sector in a vulnerable position.

Accumulated distress over various policies undertaken was enough to bog down the growth rate for this highly potent sector when COVID-19 came as a watershed moment and has grounded this sector’s independence to sever dependence upon the government’s ability to prevent the death knell of bankruptcy. However, even if MSMEs go bankrupt in the current period, its oblivion for them as IBC de-facto stands suspended. 

There is a certainty about contraction and estimates range from 30-35 per cent of MSME operations are deploying on standby or even shutting down. In such a precarious situation, it is of utmost importance to determine the future path for the MSMEs, and its prediction has to be determined by factoring the history and the developing scenario.

Despite contributing to over 40 per cent of the economy, the percentage of lending to this sector is comparatively low at only 16 per cent. This in itself is an entity large enough to determine the rebound of economic growth and will only spring back into action, once the demand normalises.

MSMEs in India produce around 6,000 types of products; lockdown and the subsequent fear in the populace, lower liquidity and job cuts will alter the demand for products other than those necessary for living consumption of products. Even if the best is assumed and the vaccine comes within the next six months, it is yet to imply the participation of the workers would institute a pre-COVID level of productivity. 

There are primers and hints as to the oncoming situation with the gloomy news. The revival of demand in rural areas, various moves by the States to deregulate labour laws and efforts to woo investment under the new reforms of equity are to help the MSMEs.

It would be more on the lines of re-location of production and demand capacities rather than a fresh generation but would act as a shock-absorbing pad for the poorer States as richer ones would be able to withstand the shock much more easily. 

MSMEs located near a city will take a higher time to recover; the sudden paucity of the workforce will pinch the labour and skill availability of the states. However, the generation of local labour capacity could fulfil labour demand and might as well boost the local economy. 

There could be an increase in MSMEs coming under the risk of becoming NPA’s during the next 12 months. The way out for the MSMEs revival in the short term is rapid liquidity injection, collateral-free loans, low-interest rate subordinated debts and revised definitions, and bringing wider firms under the government benefits bracket.

The government has appropriately responded to realising the current crisis with programs like ‘Equity Support to the MSMEs’. However, the suspension of the IBC might be a downer. An emergency fund for distressed firms to support the MSMEs in times of significant stress has been established, and direct action should be increased by increasing the corpus within this fund. 

Several negatives are countered by the fact that the threshold for migration of businesses from China has reduced, and the democratic setup of the country has ensured better confidence with investors and peers across the world. It has provided the onus entirely upon the government to rein in the economic engines and work onward reducing the complications of running a business.

The contraptions of inadequate and outdated infrastructure and complex and weird tendencies of government officials act as an impediment to the delimitation of the economic forces and commercial creativity.

In conclusion, the short term losses might be immense, wiping out a chunk of the MSMEs from the ecosystem.  However, the incentives of withstanding these exceptionally insane times may provide rewards of equivalent nature. 

 


Tags: global economy, gross domestic product, future of msmes in india, economic globalization, gdp full form, msme future in india, small and medium enterprises

FAQs on Employment and Termination: COVID-19

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FAQs on Employment Termination: COVID-19

The world is in stasis with the Novel Coronavirus (COVID-19) infecting millions of people the world over. The slow-balization of economies under the pretext of COVID-19 has immobilized citizens, and frozen funds thereby arresting growth across industries.

News of employees being terminated or laid off are common-stance with plummeting business sales and tanking asset prices in the economy.

In response to the pandemic, employers across industry verticals have altered traditional working methods to limit contact between employees. Embracing remote working methodologies, bonus and salary cuts, and mass layoffs, yet oblivious to the depth of its impact, one thing is abundantly clear – the workplace will never be the same again!

Here we have envisaged different scenarios pertaining to employment and termination considerations keeping in mind the interests of both employer, and employees, and analyze them through the lens of applicable laws and advisory. 

Employer Perspective:

Can employees be terminated? 

As per the Ministry of Labour & Employment (“MLE”) Advisory, employers are advised against termination of employment during the lockdown. It further states that if any establishment is non-operational, it must deem its employees on duty.

Thus, while termination can be carried out as per employment terms and applicable law (such as the Industrial Disputes Act for workman termination), it is advisable that employers do not terminate employment during the lockdown.

Specific care should be taken where the employer contemplates termination of workman or where the workforce is unionized, as a termination in the given circumstances is very likely to be questioned as an illegal termination resulting in potential industrial dispute under the Industrial Disputes Act.

Non-permanent employees must be laid off in the following order: Emergency, Temporary, Provisional, and Probationary. If additional reductions are necessary, permanent employees must be laid off on the basis of seniority.

Can an organization postpone payment for employee bonuses or payroll changes?

Yes, organizations can postpone or decline bonus/incentive payments and payment modifications. These are usually at the discretion of the administrator. On a revenue basis, for the commissions mentioned in the employment contract, the organization is responsible for fulfilling its contractual obligations.

However, if your organization has employees who are “qualified” under the bonus payment method (income is less than INR 21,000 / $ 280 / month), you cannot refuse to pay the “bonus”. In this case, the employer is legally obligated to pay 8.33% to 20% of salary to all qualified staff within eight months of the end of the accounting period.

What options do employers need to reduce labor costs?

The Department of Labour and the state government have issued several recommendations to public and private institutions to refrain from headcount and salary cuts during these difficult times.

The MHA (Ministry of Home Affairs) issues notices aimed at keeping salaries and ensuring that wages are paid on time. But in a directional move, the central government recently announced that it will cut salaries/welfare benefits for cabinet and parliamentarians by up to 30%. Some of the measures an organization can take are:

  • Option 1 – Reduce leadership/advance level salaries to ensure all lower-level jobs are retained.
  • Option 2 – Utilization of paid leave – For many employees with overlapping telecommunication roles, employers can evaluate the use of the leave / annual leave balance. This allows employees to get paid and keep their jobs.
  • Option 3 – Sabbatical – For employees with duplicate work in a telecommuting situation, if there is no annual leave balance, such an employee should go on sabbatical leave until the situation improves. You may be asked. Their work is restored to full functionality. In this scenario, employees must continue to derive benefits from the insurance scheme and other benefits provided by the organization. If these employees sign up for the organization’s PF scheme, the company must continue to make minimal PF contributions during the sabbatical period.
  • Option 4 – Work Readjustment – ​​Some roles have work that needs to be completed, but not at 100% utilization. In all such cases, the organization can evaluate the options to reduce working hours and thereby readjust accordingly.
  • Option 5 – Temporary Payroll Reduction – Some organizations evaluate the option of exercising payroll cuts above the level and position this as a temporary move to business recovery (former salary. If the level is restored).
  • Option 6 – Dismissal / Layoff – In the extreme case where companies are fighting for survival, organizations are forced to dismiss staff. In such cases, it is advisable to make every effort to alleviate staff distress by complying with the terms and conditions and creating a cancellation package with minimal impact on staff.

Can employers calculate Indian unused hours by deducting Indian salaries/wages?

Working hours need to be modified to reflect the level of support required, and salaries adjusted (reduced) accordingly. This also applies to white-collar staff. As the national lockdown continues to be valid, that is, with order number 40-3 / 2020-DM-I, the Indian Government directs all employers to pay wages to workers (especially in the “workers” category). No dates and deductions.

Therefore, the employer can carry out wage cuts by exercising force majeure under certain circumstances in such cases. The use of force majeure is a legitimate process. It is recommended that you go through legal proceedings and documentation before officially doing so. It affects the overall business reputation, customers, and suppliers.

Is the employer obliged to pay during a lockdown?

Teleworking employees must be paid by applicable law and employment contracts. The question is only relevant if the organization does not allow it or if the employee does not WFH. The CG notice makes no mention of the employer’s obligation to pay. Blockade orders in some states, such as Delhi, Tamil Nadu, Uttar Pradesh, and Telangana, require employers to pay compensation without deductions.

Also, the Ministry of Labor and Employment issued a recommendation (“MLE Recommendation”) to all private employers on 20 March 2020. The facility is non-operational, where core activities cannot be performed remotely and include all shops, commercial facilities, and manufacturing departments engaged in non-essential merchandise.

It also states that employees who take leave during lockdown must be considered on duty without wage deductions. Similarly, the Chief Cabinet Secretary issued a recommendation (“CG Recommendation”) to the state government on March 22, 2020, demanding that the state government provide compensation to employers during the lockdown.

In light of these, there is no legal obligation in India for employers to pay during the lockdown. Therefore, the employer is not obliged to pay employees who refuse WFH, unless restricted under state order.

Such specific cases can be handled by company policy and applicable laws regarding leave, loss of salary, and disciplinary action. Nevertheless, if the employer is non-operating and the reason cannot be attributed to the employee, it is advisable to pay as if the employee was on duty.

Employee Perspective:

What is a layoff? Is it different from suspension?

Layoff means termination of employment by the employer or management (with or without notice). Layoffs are not due to the negligence of employees, but due to lack of work, cash, or supplies. Permanent termination is called termination.

However, given the Labour Dispute Act of 1947 (India), a layoff means the layoff of an employee due to lack of input or lack of input related to productivity, mechanical failure, or the effects of natural disasters.

To do so. The dismissal of employees does not mean that they have left the job, and if the situation improves, such employees can return to work. Layoffs apply to workers and suspensions apply to all other employees of the company, including managers.

Is it mandatory for employers to pay their employees during a lockdown even when it is not possible to continue job responsibilities in a lockdown?

Employees may not be able to perform their jobs for two reasons: Illness-self or family or, due to the nature of work not supported at home. Due to illness-self or family: There are various possibilities to participate: First if an employee is ill, sick leave will be applied by statutory store and establishment laws in each state.

Second, if an employee is tested but not positive, he/she can use sick leave to recover from the illness. Moreover, if an employee is tested positive for COVID-19 after returning from an official trip, the organization is obliged to provide 28 days of paid leave for quarantine and full recovery.

However, organizations are not required to provide paid leave for recovery, except in Karnataka, if an employee tests positive for COVID-19 after a personal trip. If an employee needs to take a leave to care for a sick family diagnosed with COVID-19 positives, the employee will carry out a self-isolation for 28 days and apply for the leave for yearly leave. 

In light of these, there is no pan-India legal mandate for employers to pay during the lockdown. Thus, employers are not obligated to pay employees who refuse to WFH, provided there is no restriction under state orders. Such specific cases can be dealt with in accordance with the company’s policies and applicable law on leaves, loss of pay, and disciplinary action. Nonetheless, where the employer is non-operational and no reason can be attributed to the employee, it is advisable to pay as if the employee is on-duty.

What if my employer has to dismiss some staff? Is layoff legal in India?

As specified in the previous section, layoff or reduction is a process defined in India. It is subject to the terms of the employment contract and certain laws under state law and may apply to certain sectors/industries. There is also the notion of a “retirement allowance” that has no legal basis. However, it is a rule to reduce employee distress. Again, it’s a good idea to make staff transparent across all levels, to understand the distress/business situation, and to find solutions that are as friendly as possible.

Can Indian employers suspend their employees temporarily without pay?

If you do not have explicit contract rights to terminate your contract in these circumstances, there is no clear way to terminate your employment. Imposing a forced suspension without your consent may result in claims to your employer and you must seek your consent.

What are the options for full-time employees who may be laid off?

Instead of being dismissed, full-time employees can choose one of three options:

  1. The entire state within departments, classes, and options can be moved to a position held by the youngest and least employee.
  2. You may be allowed to voluntarily demote to another position in the next lower level class of the current Class Series within your department and geographical location.
    1. Layoff and displacement are by department
    2. Employees cannot transfer employees from another department
    3. Senior class employees cannot replace lower class employees with higher seniority
    4. Employees must meet minimum qualifications for classes and options
    5. Always downward movement
    6. Full-time and part-time should be treated separately
  3. If no one in the current class series has poor seniority, employees can return to their latest previous class.

If an employee has COVID-19, what are the implications?

Any employee who had exposure or may have symptoms or has contracted COVID-19 should be prevented from working at the employer’s premises in order to protect the health and safety of other employees. Employers must strongly recommend the employee to self-quarantine and isolate at home, circulate a suo moto report as required under state-specific orders and access healthcare services immediately.

With respect to the employer’s liability for compensation or bearing medical expenses, it will be important to determine if the transmission occurred at the workplace where the employer will be solely liable. For other situations where transmission has been in relation to employment, there is ample subjectivity and it will be difficult to substantiate and prove such claims.

Crashing economies, plummeting sales figures coupled with the uncertainty of business redemption is prompting many companies to terminate employment so as to save themselves from running out of business! Employees scarred by the unemployment in the wake of this crisis are asking themselves, “What now?” Job loss can be a disturbing, and difficult time – psychologically and financially – particularly with so many unknowns in our world right now.

But professionals terminated by their employers must be abreast with the key developments introduced by the government, as in the case of Karnataka, and navigate the upcoming chapter in their career with confidence! The key to navigating the rough waters of COVID-19 is to remember that this is temporary and we are in this together!


Tags: employment, frozen funds, employment termination, asset prices, notice of termination of employment, termination of employment contract