Recorded RBI impact
Monetary penalty
Monetary penalty · Fresh imposition
Published by RBI
23 Aug 2024
Case Brief
By an order dated August 21, 2024, RBI imposed a monetary penalty of Rs 1,99,50,000 on Innofin Solutions Private Limited (LenDen Club). RBI said the company was found non-compliant with provisions of the NBFC-Peer to Peer Lending Platform Directions, 2017 and the Guidelines on Digital Lending. The supervisory findings included failure to disclose borrower credit assessment and risk profile to prospective lenders, disbursing loans without specific approval from individual lenders, routing amounts through a co-lending escrow account in breach of the prescribed fund transfer mechanism, and routing repayments through a third-party nodal account acting as a Lending Service Provider. RBI stated that the penalty was based on regulatory compliance deficiencies and without prejudice to any other action that may be initiated.
Why RBI Acted
RBI imposed a monetary penalty after scrutiny found sustained charges of non-compliance with the Non-Banking Financial Company - Peer to Peer Lending Platform (Reserve Bank) Directions, 2017 and the Guidelines on Digital Lending. The company allegedly did not disclose required borrower information such as credit assessment and risk profile to prospective lenders, disbursed loans without specific approval of individual lenders, routed disbursed and collected amounts through a co-lending escrow account contrary to the prescribed fund transfer mechanism, and allowed Merchant Finance Loan repayments to be routed through a third-party nodal account acting as a Lending Service Provider. The penalty was imposed under section 58G(1)(b) read with section 58B(5)(aa) of the RBI Act, 1934.
Operating Impact
The company must absorb the monetary penalty and address the compliance gaps identified by RBI. The release does not order an operational restriction, but it signals potential for further supervisory or enforcement action if the deficiencies persist. Borrowers, lenders and payment intermediaries involved in the P2P and lending flows may be affected by any remedial compliance measures the company implements.
Regulatory Basis
- clause (b) of sub-section (1) of section 58G
- clause (aa) of sub-section (5) of section 58B of the Reserve Bank of India Act, 1934
Action Facts
- Primary Impact
- Monetary penalty
- Order Date
- 21 Aug 2024
- Effective From
- 21 Aug 2024
- Entities Affected
- 1
- Entity Role
- Primary
- Entity Type
- NBFC
Related Entities
Entities similar to Innofin Solutions Private Limited