The Reserve Bank of India (RBI) has issued a circular “Key Facts Statement (KFS) for Loans & Advances” on April 15, 2024 (Circular) to enhance transparency and reduce information asymmetry on retail and MSME term loan products offered by all regulated entities (REs). Here are some of the key points and implications of the circular:
1. As introduced by the Circular, REs shall be required to provide a KFS to all prospective borrowers containing the key information regarding a loan agreement, such as interest rate, fees, charges, tenure, repayment schedule, all-in-cost of the loan etc. At present, KFS is required to in respect of loans by scheduled commercial banks to certain class of borrowers like individuals, digital lending and microfinance loans. In essence, the Circular expands the scope of providing KFS to all REs for helping borrowers in making an informed decision in availing the loan. The KFS shall be in a standardised format and in a language understood by the borrowers.
2.The KFS shall also include a computation sheet of Annual Percentage Rate (APR) i.e, annual all-inclusive cost of credit to the borrower, which shall include all charges levied by the RE. Further, charges recovered by the REs on behalf of third-party service providers, such as insurance, legal, shall also form part of the APR.
3. In addition to the APR, the KFS shall also include the amortisation schedule of the loan over the loan tenor.
4. The KFS shall have a unique proposal number and a validity period of three working days for loans having tenor of seven days or more, and a validity period of one working day for loans having tenor of less than seven days, within which the borrower can accept or reject the loan offer. The validity period shall be the period available to the borrower, after receiving the KFS by the RE, to agree to the terms of the loan.
5. Any fees, charges, etc. that are not mentioned in the KFS, cannot be charged by the REs to the borrower at any stage during the term of the loan, without explicit consent of the borrower.
6. The KFS shall be explained to the borrower and an acknowledgement shall be obtained that he/she has understood the same. The KFS shall also be included as a summary box in the loan agreement.
The Circular shall be applicable for new retail and MSME term loans sanctioned on or after October 1, 2024, including fresh loans to existing customers and REs have been directed to put in place the necessary systems and processes to implement the above guidelines at the earliest. In the interim, the relevant provisions on ‘KFS/Factsheet’ under the extant guidelines shall continue to remain applicable.
The circular is expected to bring more uniformity and clarity in the disclosure of the terms and conditions of the loan products, and also enable the borrowers to have cost-benefit analysis of loan products offered by different REs in accordance with the Circular.
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