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IFS

Unit 3

Financial services and its mechanism


Meaning

Lease/leasing/lease financing is a contract between lessee and lessor for hire of an asset on payment rent for a specific period generally for long duration. The assets covered under lease agreements are land, real estate, mines, quarries, plant and equipment, aircraft etc. the owner of the leased property is known as lessor and user of the property is known as lessee. Some examples of lease financing company in India are Mahindra finance, Bajaj finance, Shriram trans etc.

 

 The essential characteristics of lease are-

  • It is a contract between the lessee and lessor to hire an asset.
  • The lessee pays rent for hiring the asset.
  • The lease contract is taken place for long duration.
  • The contract covers capital assets.
  •  

              Types of lease

              The lease contract is classified under the following heads depending on nature of the   contract-

  • Financial lease: In this type of lease financing, contract is taken place for long duration where all expenses are born by the lessee. The lessor is free from all kinds of risk and also not liable to provide any services to the lessee.
  • Operating lease: In this type of lease financing, the agreement is taken place for specific period. The lessor bears all expenses and the risk of obsolescence.
  • Leveraged lease: This type leasing is popular for hiring aircrafts, oil rigs, railway equipment etc.  The lessor provides an equity portion of cost of the leased assets and the balance is provided by the financing company.
  • Sale and lease back: In this type of lease agreement, a firm sells an asset to another party who in turn leases it back to the firm. It is beneficial to get tax benefit for the parties.
  • Direct lease: In this type of lease agreement, the asset is directly owned by the lessor.
  • Domestic and international lease: in this type of lease agreement, all parties to the lease contract reside in the same country. On other hand, in case of international lease, any one of the party to the lease contract resides in foreign country.
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    Advantages and disadvantages of leasing

    The benefits of leasing is highlighted under the following heads-

  • Manages outflow of fund:  It facilitates the companies to manage huge outflow of cash by resorting of hire of costly assets instead of purchase of the same.
  • Utilisation of capital: Lessee can better manage its capital by distributing the same in hire of number of capital assets and utilising in other purposes in business.
  • Tax benefit: It allows tax benefit to the lessee in the form of deduction on depreciation expenses.
  • Low capital expenditure: It lowers capital expenditure of lessee because now they able to hire the capital assets instead of purchase of the same. Only monthly rent is paid on use of the assets.
  • No risk of obsolescence: In case of operating lease, the risk of obsolescence and all other expenses is transferred by lessee to the lessor.
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    The disadvantages of lease financing is highlighted under the following points-

  • No ownership:
  • The lessee has no ownership right over the property. The contract only provides the right to use the property up to a specific limit.

    2.  Maintenance of asset:

    In case of financial lease the maintenance expenses are incurred by the lessee like owner of the asset and it becomes a costly financial technique for lessee.

    3.  Lease expense: In financial lease, the expenses are incurred by the lessee although he is not the owner and in case of operating lease, the expenses are incurred by the lessor although he is not using the asset.

    4.  Limited tax benefit: The tax benefit is provided only over the depreciation which is considered as limited amount as compared to the expenses incurred in lease agreement.

    5.  Risk of obsolesce: The risk of obsolescence is transferred from lessee to the lessor but the lessor received a negligible amount as scrap value on sale of the asset.

     

    Leasing in India

    The leasing business in India is originated in the recent past. The first leasing business in India was started in India by ‘Leasing Company of India’ in 1973. From 1986 to 1996 there was significant boom in the industry. As per RBI’s record there were 339 leasing company in India by 31st March, 1886. Dahotre Committee provide recommendations for and accordingly RBI formed guidelines for commercial banks to enter into the lease financing. Later on commercial banks and other sector financial institutions like IDBI, IFCI, ICICI, SFC etc. has started providing leasing financing. The factors that contributed to growth of leasing in India are-

  • There is no barrier for entry of new companies into leasing business.
  • Rapid growth of car market support the growth of equipment leasing companies in India.
  • Expansion of capital market supported the growth of leasing business in India.
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                   Some of the lease finance companies operating in India are-

  • First Leasing Company of India Ltd.
  • Star Leasing and Finance Company
  • India Lease Development Ltd.
  • Sundaram Finance Ltd.
  • Sakti Finance Ltd.
  • Arjan Finance & Leasing Pvt. Ltd.
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    Legal aspects of leasing

    There is no specific act relating to leasing. The Indian Contract Act, 1872, provides guidelines relating to bailment which also governs the lease agreement. Since same provision governs the bailment and lease agreement, it is assumed that the rights and obligation of lessee and lessor are similar to bailor and bailee. The obligations are-

  • The lessor must deliver the asset to the lessee for the purpose of use.
  • The lessee must pay lease rentals as specified in the lease agreement.
  •  

    Definition of hire purchase

    Hire purchase is an agreement between hire purchaser (hirer) and hire seller (hiree) where the later transfers the possession of property to former party, payment is made on instalment basis and on payment of last instalment the hirer get the right of ownership over the property. Hire purchase agreement is governed under the Hire Purchase Agreement Act, 1972.

     

    Characteristics of hire purchase

    The essential characteristics of Hire purchase are-

  • It is an agreement in writing between the hirer and hiree.
  • The agreement consists of two parties- hire purchase/hirer and hire seller/hiree.
  • The hirer gets possession of goods immediately at the time of entering into the agreement.
  • The payment is made on instalment basis known as hire charges.
  • On payment of last instalment ownership is transferred from hiree to the hirer.
  • The hirer has the right to terminate the contact before completion of the contract.
  • The hirer incurs all expenses related to the asset and bears the risk of obsolescence.
  • The Hire Purchase Act, 1972 governs the hire purchase agreement.
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    Hire purchase v/s leasing

    Basis of difference

    Hire purchase

    Leasing

    1.               Meaning

    Hire purchase is an agreement between hire purchaser (hirer) and hire seller (hiree) where the later transfers the possession of property to former party, payment is made on instalment basis and on payment of last instalment the hirer get the right of ownership over the property

    Lease financing is a contract between lessee and lessor for hire of an asset on payment rent for a specific period generally for long duration.

    2.                  Parties

    Two parties- hirer and hiree.

    Two parties- lessee and lessor.

    3.                  Consideration

    Consideration is hire charge i.e instalment.

    Consideration is rent.

    4.                  Transfer of ownership

    Ownership is transferred from hiree to hirer on payment of last instalment.

    Ownership cannot be transferred from lessor to lessee.

    5.                  Duration.

    It is taken place for short and medium term.

    It is taken place for long term.

    6.                  Risk of obsolescence

    Risk of obsolescence is on the hirer.

    Risk of obsolescence is on the lessor.

    7.                  Right to sell

    The hirer has the right to sell the asset.

    The lessee has no right to sell the asset.

    8.                  Governance

    It is governed under the Hire Purchase Act, 1972.

    It is governed under the companies act.

     

    Advantages of hire purchase

    The advantages of hire purchase are mentioned below-

  • Immediate possession: The hire purchaser will get immediate possession of asset on making down payment. Thus he can start using the asset before making final payment.
  • Right of ownership: The hire purchaser will get right over ownership of goods on payment of final instalment.
  • Deferred payment: The hire purchaser get the opportunity to make payment on deferred basis instead of payment at once. Thus, it prevents huge outflow of cash at one time. 
  • Tax benefit: The hire purchaser also get tax benefit for the expenses incurred as maintenance and repair, depreciation etc.
  • Right of termination: The hire purchaser has the right to terminate the asset if he is not satisfied with the asset or there is any defect in the asset.
  •  

    Problems of hire purchase

    The disadvantages of hire purchase are mentioned below-

  • High price: Due to deferred payment system, the hire purchaser pays more than the actual price of the asset.  It leads to higher cost for the higher purchaser.
  • Fear of repossession: If the hirer defaults in making payment of instalment, than the hiree has the right to repossess the goods. Thus the hirer has the fear of repossession of goods.
  • No ownership: The hirer does not get the ownership of goods till the payment of last instalment.
  • Purchase of unnecessary goods: The hire purchaser sometimes purchase unnecessary goods due to the facility of deferred payment. It leads to mis-utilisation of financial resources.
  • Long duration: It is considered as long duration contract because the hire purchaser gets ownership on payment of last instalment only.
  •  

    Key takeaways

  •               Lease/leasing/lease financing is a contract between lessee and lessor for hire of an asset on payment rent for a specific period generally for long duration.
  •               The Indian Contract Act, 1872, provides guidelines relating to bailment which also governs the lease agreement.
  •  

     

     


    Introduction

    Housing finance refers to extension of loan to consumers for construction of residential house, purchase of house, purchase of flat, repayment of housing loan etc.  National Housing Bank is the apex institution in housing finance sector.

     

    Housing finance industry

    The housing finance industry is composed of different hosing finance companies and customers. Some of the housing finance companies in India are-

  • HDFC ltd.
  • LIC Housing finance
  • DFHL
  • Baja Finance Ltd.
  • Indiabulls Housing Finance Ltd.
  • Piramal Housing Finance Ltd.
  •  

    Moreover, commercial banks also provide housing finance facilities to customers. Housing finance involves the following products-

  • Home purchase loans
  • Home construction loans
  • Home extension loans
  • Home conversion loans
  • Land purchase loans
  • Stamp duty loans
  • Bridge loans
  • Balance transfer loans
  • Re-finance loans
  • Loans to NRIs.
  •  

    Housing finance policy aspect

    The Government of India formulated Housing finance policy with objectives to firstly to provide affordable housing finance system and to accommodate urban dwellers with subsidized rental programmes.  Various aspects of housing finance policy are mentioned under the following heads-

    1.               It Improves supply of housing finance by
    •                  Formulating public sector Institutions for promotion and execution of housing projects/programmes.
    •                  Extending subsidy for building houses for the poor section of the society.
    •                  Offering tax incentives to encourage promoters/builders/developers in the private sector to take up large housing projects.

    2.                  It improves demand for houses by

    •                  Introducing schemes to the EWS section for construction of houses.
    •                  Promoting institutional/bank lending for housing.
    •                  Introducing tax incentives for buying a house.

    3.                  It improves supply of housing finance at affordable rates through

    •                  Offering tax incentives for housing finance companies/ mortgage banks
    •                  Creation/promotion of apex housing finance organizations to facilitate policy issues as well as facilitate refinance arrangements to the mortgage originators at affordable rates
    •                  Permitting issue of tax free bonds by select Institutions aimed at facilitating availability of cheap funds for the housing finance sector
    •                  Creation of an institutional framework to enable mortgage originators raise money against their home loan portfolio either through securitization or through covered bonds or permitting deposit based schemes
    •                  Making available to Insurance /pension funds investment in securitized/ mortgage based security papers
    •                  Introduction of pragmatic enforcement laws to enforce security in case of delinquencies
    •                  Facilitating effective mortgage/title insurance/guarantee schemes

     

     

      Sources of funds

                The different sources of fund for housing sector is broadly categorized under three heads-

  • Primary lending institutions:
  • Commercial banks
  • Regional rural banks
  • Co-operative banks
  • Micro finance institutions
  •  

    2.  Refinance institutions

  • National Housing Bank
  • NABARD
  • LIC
  • GIG
  • Government
  •  

    3.  Secondary Mortgage institutions

  • Institutional investors
  • Households etc.
  •  

    Housing finance in India

    India is a developing country and suffers from lack of proper housing facility. To overcome this problem the Government adopted housing finance policy in the five year plan. Government formulated different plans and policies for development of housing sector in India. Housing and Development Corporation provides technical and financial assistance to government regarding housing finance. In 1977 HDFC was established as joint sector leading to establishment of many private sector housing finance companies. In 1988 National Housing Bank was established as the apex institution in housing sector. Gradually commercial banks, co-operative sector and other financial institutions also institutions enter into the housing finance sector.

     

    There are two key regulatory bodies-

    •                  Reserve Bank of India (RBI): It controls the commercial banks.
    •                  National Housing Bank (NHB): It controls the accommodation finance companies or organizations.

     

    Source: National Housing Bank

     

    National Housing Bank

    The National Housing Policy, 1988 envisaged the setting up of NHB as the apex level institution for housing. Accordingly, NHB was established under the NHB Act, 1987. The entire paid up capital is contributed by the RBI. It was established to fulfil the objectives, namely-

  •               To promote a sound, healthy, viable and cost effective housing finance system to cater to all segments of population and to integrate the housing finance system.
  •               To promote a network of dedicated housing finance institutions to adequately serve various regions and different income groups.
  •               To augment resources for the sector and channelize them for housing
  •               To make housing credit affordable.
  •               To supervise the activities of housing finance.
  •               To encourage public agencies to emerge as facilitators and suppliers of serviced land, for housing.
  •  

    Guidelines for asset liability management system in HFC

     It is necessary to provide guidelines for asset liability management system in HFC because during the course of business it exposed to several major risks in like credit risk, interest rate risk, equity/commodity price risk, liquidity risk and operational risk. Asset Liability Management (ALM) is based on three pillars-

  • ALM Information Systems: This guideline necessitates the establishment of sound methodology with necessary supporting information system as the central element of the entire ALM exercise is the availability of adequate and accurate information with expedience. In respect of investment portfolio and funds management, it makes arrangement for collection of accurate and adequate information and same is available for stakeholders.
  •  

    2.  ALM Organisation: It consists of board members responsible for management of risks and to decide limits for liquidity, interest rate, exchange rate and equity price risks. The Asset-Liability Committee (ALCO) is formed consisting of the HFC's senior management including the Chief Executive Officer (CEO). He is responsible for ensuring adherence to the limits set by the Board as well as for deciding the business strategy of the HFC (on the assets and liabilities sides) in line with the HFC's budget and decided risk management objectives.

     

    3.  ALM Process: Measuring and managing liquidity needs are vital for effective operation of HFCs. By assuring an HFC's ability to meet its liabilities as they become due, liquidity management can reduce the probability of an adverse situation. The Gap or Mismatch risk can be measured by calculating Gaps over different time intervals as at a given date. Gap analysis measures mismatches between rate sensitive liabilities and rate sensitive assets including off-balance sheet positions.

     

    Fair trade practice code for HFC’s

    The National Housing Bank, has framed the Guidelines on Fair Practices Code for HFCs to serve as a part of best corporate practices and to provide transparency in business practices. The Code has been developed

    1)                 to promote good and fair practices.

    2)                 To increase transparency.

    3)                 To encourage market forces.

    4)                 To promote a fair and cordial relationship.

    5)                 To foster confidence.

    HFCs should act fairly and reasonably in all dealings with customers, by ensuring that:

    a) They meet the commitments and standards in this Code for the products and services they offer and in the procedures and practices their staff follows.

    b) Their products and services meet relevant laws and regulations in letter and spirit.

              c) Their dealings with customers rest on ethical principles of integrity and     transparency.

     

    Housing finance agencies

  • Magma Housing Finance Ltd.
  • Prosper Housing Finance Ltd.
  • Indiabulls Housing Finance Ltd.
  • India Home Loan Ltd.
  • Mahindra Rural Housing Ltd.
  • Reliance Home Finance Ltd.
  • IIFL Home Finance Ltd.
  • Tata Capital Housing finance Ltd.
  • Muthoot Housing Finance Company
  • Sriram Housing Finance Ltd.
  •  

    Key takeaways

  • Housing finance refers to extension of loan to consumers for construction of residential house, purchase of house, purchase of flat, repayment of housing loan etc.  National Housing Bank is the apex institution in housing finance sector.
  •  


    Introduction

    Venture capital is a type financing where the financing company provides equity capital to the highly risky projects related to involvement of sophisticated technology. The Venture Capital Company makes equity participation with the project and provides all technical and financial guidance for the growth of the project. Once the project started earning profit it makes disinvestment from the project. Some examples of venture capital company are-Blume Ventures, IDG Ventures, Accel Partners etc.

     

    Features of venture capital

    Some of the essential features of venture capital are-

  • It involves high degree of risk as it makes investment in highly risky projects.
  • It provides financing facility to the projects that involves sophisticated technology and innovative ideas.
  • It provides equity capital to the projects and hence participates in management of the project.
  • It is a long term investment because it invests in start-up firms and continues with the project till it starts earning profit.
  • It is interested in capital gains because it invests in equity capital of the projects.
  •  

    Types/stages of venture capital financing

     The venture capitalists supply the funds to projects in every stages of     progress instead of one time investment. Different stages of venture capital financing are as follows-

  • Seed financing/Early stage financing: This is the preliminary stage of venture capital financing. Funds are provided for preliminary activities like research and development, create a sample product, establish a administrative set up etc.
  • Start-up capital: In this stage fund is provided to start up the project by recruiting managerial personal, additional market research, promotion of products etc.
  • Early stage financing: At this stage, the project the surviving in the market by increasing its sales. The venture capitalist supply fund to increase its productivity, increase market share and increase the efficiency of management.
  • Expansion capital: In this stage, the venture capitalist supply fund to expand and diversify its business, enter in the new market and grow rapidly to increase its revenue.
  • Bridge financing: In this stage, the venture capitalist helps to find out a partner or acquisition opportunity or attract public financing. In this stage, the project becomes matured and hence the venture capitalist disinvests from the business.
  •  

    Disinvestment process/mechanism

    The venture capitalist starts disinvesting from a project on attaining its maturity. The disinvestment mechanism of venture capitalist is discussed under the following heads-

  • Initial Public Offerings (IPOs): The venture capitalist selects the IPO route for disinvestment if the company have good reputation in the market. It has good prospect for capital gain for the venture capitalist.
  •  

    2.  Buyback by promoters: Buyback by promoter is another route for disinvestment where the promoter retains the power of management and control. The outside party will not share the controlling affairs of the company.

     

    3.  Management buyout: Management buyout enables the mangers or outsiders to acquire firm or part of its business. It takes place when the buyers incur debt to buy the business venture. 

     

    Indian scenario

    In India the venture capital financing is started by IFCI in 1975. Later on different commercial banks, specialised institutions and NBFCs started providing venture capital financing. In India, venture capital is regulated by SEBI under the SEBI (Venture Capital Funds) 1996. It is still in its infant stage. It is gaining popularity in India because of the reasons like-

  • Growth of new projects related to sophisticated technology.
  • Establishment of private sector enterprises in the areas of real estate, marketing, e-commerce etc.
  • Growth of capital market.
  • Enactment of law to regulate venture capital financing etc.
  • It mainly covers the areas like technology, consumer goods, pharmaceuticals, agricultural products, speciality chemicals etc. In 2019, VC investment investments activities reached a record of US $ 48 billion. 

     

    Key takeaways

  • Venture capital is a type financing where the financing company provides equity capital to the highly risky projects related to involvement of sophisticated technology.
  • References

  •               Pathak, B. (2009). The Indian Financial System (second addition). Delhi, New Delhi. Dorling Kindersley (India) Pvt. Ltd.
  •               Khan, M.Y. Financial Services. (10th edition). Tata McGraw-Hill Publishing Company Ltd. New Delhi.
  •               www.NHB.org
  •               www.SEBI.org
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