FSLRC recommends merger of SEBI, FMC, IRDA and PFRDA into single agency
Moneylife Digital Team 28 March 2013

Apart from an agency created by merging SEBI, FMC, IRDA and PFRDA, there should be six other agencies in the financial system including three new ones, suggests the FSLRC

 
The Financial Sector Legislative Reforms Commission (FSLRC) has recommended creating a unified financial authority (UFA) by merging the Securities and Exchange Board of India (SEBI), Forward Markets Commission (FMC), Insurance Regulatory and Development Authority (IRDA) and Pension Fund Regulatory and Development Authority (PFRDA). The recommendation of creating UFA looks revolutionary on paper, but is neither practical nor of any use. From the consumers’ perspective, the track record of these regulators is a huge disappointment. In fact, there is hardly an example about an investor or saver receiving satisfactory redressal of his grievances from these regulators.
 
The FSLRC has said, “The unified financial authority will implement the consumer protection provisions and micro-prudential provisions for the entire financial system, apart from banking and payments. This would yield benefits in terms of economies of scope and scale in the financial system. It would reduce the identification of the regulatory agency with one sector and it would help address the difficulties of finding the appropriate talent in government agencies.” 
 
The FSLRC was set up by the ministry of finance to review and rewrite the financial sector legislations to bring them in tune with the current / emerging requirements under the chairmanship of Justice BN Srikrishna.
 
“This proposed UFA would also take over the work on organised financial trading from the Reserve Bank of India (RBI) in the areas connected with the bond-currency-derivatives nexus, and from the FMC for commodity futures, thus giving a unification of all organised financial trading including equities, government securities, currencies, commodity futures, corporate bonds, and so on.”
 
“The unification of regulation and supervision of financial firms such as mutual funds, insurance companies and a diverse array of firms that are not banks or payment systems would yield consistent treatment in consumer protection and micro-prudential regulation across all of them,” the FSLRC said.
 
The FSLRC said financial regulatory architecture suitable for Indian conditions should consist of seven agencies, including the RBI and UFA. “RBI will only regulate and supervise banks and payment system and non-banking financial companies (NBFCs) and housing finance companies (HFCs) will be regulated and supervised by UFA,” it said.
 
The FSLRC said RBI will continue to exist, although with modified functions while the existing SEBI, FMC, IRDA, and PFRDA will be merged into a new UFA. The existing SAT will be subsumed into the FSAT and existing DICGC will be subsumed into the Resolution Corporation. A new FRA and PDMA will be created and the existing FSDC will become a full-fledged statutory agency, with modified functions. Here are the seven agencies proposed by the FSLRC…
 
RBI: The RBI will perform three functions—monetary policy regulation and supervision of banking in enforcing the proposed consumer protection provisions; the proposed micro-prudential provisions; and regulation and supervision of payment systems.
 
UFA (Unified Financial Authority): The Unified Financial Authority will implement the consumer protection provisions and micro-prudential provisions for the entire financial system, apart from banking and payments. 
 
FSAT (Financial Sector Appellate Tribunal): The present Securities Appellate Tribunal (SAT) will be subsumed in FSAT, which will hear appeals against RBI for its regulatory functions, the Unified Financial Authority, decisions of the Financial Redress Agency (FRA), against the central government in its capital control functions and some elements of the work of the Financial Stability and Development Council (FSDC) and the Resolution Corporation.
 
Resolution Corporation: The present Deposit Insurance and Credit Guarantee Corporation of India (DICGC) will be subsumed into the Resolution Corporation, which will work across the financial system.
 
FRA (Financial Redress Agency): The FRA is a new agency which will have to be created in implementing this financial regulatory architecture. It will set up a nationwide machinery to become a one-stop shop where consumers can carry complaints against all financial firms.
 
PDMA (Public Debt Management Agency): An independent Public Debt Management Agency (PDMA) is envisioned.
 
FSDC (Financial Stability and Development Council): The existing FSDC will become a statutory agency and have modified functions. 
 
 
Comments
CA PRADEEP AGARWAL
1 decade ago
I have a feeling that Action can be taken at any time if the report is there, we all have to weigh the pros and cons before deciding.The report is for merger, if merged cannot be demerged easily.
ABHA CHAWLA MOHANTY
1 decade ago
,,,,,,,,,,,,RIPE TIME.....ACTIONABLE!
CA PRADEEP AGARWAL
Replied to ABHA CHAWLA MOHANTY comment 1 decade ago
Further Dear Sir, what action in favour of merger or against
CA PRADEEP AGARWAL
1 decade ago
I doubt it, will this govt. really work for consumers or trying to look as if they are worried about the economy which they have spoilt.
CA PRADEEP AGARWAL
1 decade ago
They cannot control one Dept. thinking of creating a giant with very very heavy corruption on the cards.
Vinay Joshi
1 decade ago
First & foremost the FSLRC was headed by B.N. Srikrishna; J; which submitted its report to FinMin last week, posted on its website on 28th.

Who will head the FSLRC? Russell’s Paradox.

In which manner the eleven financial sector laws, institutions by statute can be got under UFA?

When the enabling amendments can be done? Enacting UFA!?
Without regulatory scatter, including SBI.

A good proposal to regulate coop Banks; micro prudential regulations. A must.

It is obvious that the Govt. `get a greater say in fixing monetary policy, the RBI domain.

Post budget, I had heard PC commenting on rate policy in an interview that ‘the advisory committee’ [of RBI] should advise the Guv; the appropriate steps initiated in the Fin.Bill’13. [meaning fiscal & CAD.]

Guv. D. Subbarao, an independent thinking a person [like his predecessors] was not directly addressed by PC.

However on March 26, his st. from Mauritius, ‘need to move towards MPC structure’.

When do we move towards ‘monetary policy committee structure’? & HOW?
Under FSLRC what is the norm?

Yes, it was also suggested by C.Rangarajan earlier, the committee he headed.
Nothing new in it. MPC welcome, as is the practice in many countries.

Why MPC should not have RBI members in majority? Why only the RBI Gu?
Yes the Guv; can override MPC in ‘exceptional circumstances’.

Who is the FinMin to set quantitative policy? This silent objective is yet taking ‘baby steps’ in other advanced economies since 90’s. They have controlled inflation, no clear results related to economic growth.

In UK, nine member MPC has four outside, US, quasi MPC, none.

Apart from independent RBI, can we practice fixed exchange rate like China with 1% variation?
The yuan is at 19yr high [6.2689/$].

Our CAD will further depreciate the INR, w/o resulting in exports growth.
RBI, precluded non-intervention forex mkt. policy, a great aspect.

The present Guv; is astutely handling it, irrespective of the FinMin, credible.
Last week reserves stand at $292.3B.

If EPFO gets into the ambit of FSLRC, it will guarantee the protection.

When GST will be there? When DTC will be there? Not FSLRC concern.

It is expected that at least FSLRC will define in policy similar to the Finance Bill.

Open in the public domain & accordingly enacted as law.

We wait & watch, tho’ rightful cast aspersions, in a way.

Regards,


ABHA CHAWLA MOHANTY
Replied to Vinay Joshi comment 1 decade ago
WHAT BILLS AND LAW HAVE DONE TO FINANCE SECTOR??........THE POLICY MAKER NEED TO CLOSE, AND, COLOR MARKERS GREY ......
CA PRADEEP AGARWAL
Replied to ABHA CHAWLA MOHANTY comment 1 decade ago
But, will not because they are neck in deep, RBI could not be controlled so cutting its wings
CA PRADEEP AGARWAL
Replied to Vinay Joshi comment 1 decade ago
Well summed up
Regards
Nilesh KAMERKAR
1 decade ago
Very much like Lego.
CA PRADEEP AGARWAL
1 decade ago
Mr DSouza is correct, it is new wine in old bottle,
IN case the Govt. fixes time bound clearances if not, will be deemed to be cleared, you will find hell lot of change in the working and logging should be on line so that the date on which logged is not tampered with.
Ubaldo C DSouza
1 decade ago
The first sentence says it all - new wine in old bottles. How can we do away with the "pillar to post" mentality? The various temples of authority can be juggled around but we must have them for different kinds of "pujas". The "One window" phrase seems to be the current infatuation but it can never be implemented.
CA PRADEEP AGARWAL
1 decade ago
will it be able to stop the rot prevalent in stock market and other markets. Or it is a ploy to merge and then what has been done before next govt. will not be able to get previous information.
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