RBI directs Upper & Middle Layer NBFCs to streamline internal compliance monitoring function

The Reserve Bank of India (“RBI”) has issued a Notification on “Streamlining of Internal Compliance monitoring function – leveraging use of technology” informing that there is a need to implement comprehensive, integrated, enterprise-wide and workflow-based solutions/ tools to enhance the effectiveness of automation of the compliance monitoring process in Supervised Entities.

Such a solution/ tool should, among other things, provide for effective communication and collaboration among all the stakeholders (by bringing business, compliance and IT teams, Senior Management, etc. on one platform); have processes for identifying, assessing, monitoring and managing compliance requirements; escalate issues of non-compliance, if any; require recording approval of competent authority for deviations/ delay in compliance submission; and have a unified dashboard view to Senior Management on compliance position of the Regulated Entity (“RE”).

The RE, based on the size and complexity of its operations, may decide on the tools/ mechanism it would prefer to deploy for monitoring of compliance and development of the unified dashboard.

Additionally, REs have to carry out a comprehensive review of the existing internal compliance tracking and monitoring processes and institute necessary changes to existing systems or implement new systems latest by June 30, 2024.

Additionally, an appropriate monitoring mechanism should also be put in place to review the progress of its implementation.

Background:

RBI had recently carried out an assessment in select SEs of the prevailing system in place for internal monitoring of compliance with regulatory instructions and the extent of usage of technological solutions to support this function. It is seen that SEs have adopted varying levels of automation to support this function, ranging from use of macro-enabled spreadsheets to workflow-based software solutions. The review brought out that automation of the compliance monitoring process in SEs remains a work in progress with various aspects of this function being carried out with significant manual intervention. In light of this, the present Notification is issued.

 Source: Reserve Bank of India

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