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Why is there fear regarding the proposed amendments in the Banking and Financial Institution Act (BAFIA)?
Why is there fear regarding the proposed amendments in the Banking and Financial Institution Act (BAFIA)? Two sections that seek to distinguish between "bankers" and "businesspeople" have been discussed here: The first is Section 52(1), which states: "A bank or financial institution shall not provide any loan or facility to a person who has a significant ownership in the bank or financial institution or to a related party." The key terms in this section are "related," "person," and "bank." According to the definition in Section 2, "bank" refers to commercial banks and infrastructure development banks. The definition of "related person" includes both natural persons (individuals) and legal persons (companies and institutions). However, the term "significant ownership" refers only to natural persons, not institutions. Therefore, according to the proposed amendment, a bank or financial institution cannot provide loans or facilities to a related person or institution. However, such related persons or institutions may still borrow from other banks and financial institutions. The current law does not contain the term "related," and the proposed amendment clarifies this by making the provision more liberal. This change does not appear to have any significant impact.
Parshuram Kunwar Chhetri
·6 Jun, 2025
