Fair Practices Code of Goldman Sachs (India) Finance Private Limited

Transcription

1 General Fair Practices Code of Goldman Sachs (India) Finance Private Limited In general, Goldman Sachs Group conducts its business globally in line with its 14 Business Principles. (Appendix I). This Fair Practices Code is a general guidance to Goldman Sachs (India) Finance Private Limited ( GSIFPL or the Company ) as a non banking financial company ( NBFC ), in line with the requirements of the Reserve Bank of India as amended from time to time. The Code reflects the regulators expectation from the Firm while conducting its business as a Non Banking Financial Company in India. This Code should be read in conjunction and together with the Interest Rate Policy appended hereto and the Firms Global and Divisional Policies. Objective The objective of the Fair Practices Code is to ensure that the borrower gets complete information of their borrowing transactions with GSIFPL and GSIFPL s dealings with its clients are fair and transparent. Standards of Practices Pre-Sanction GSIFPL may endeavor to have standard documentation requirement relating to KYC, Loan proposal, Loans Sanction letters, Loan Agreements and other documents for all types of Loan products. All the terms and conditions of the loan including various documentation requirements should be disclosed and informed to the Clients upfront. GSIFPL should ensure that the Client is aware of the total borrowing burden it may be exposed to upfront and GSIFPL should make an endeavor to keep Client s suitability and its ability to service and repay the loan as per schedule. GSIFPL should convey in writing to the borrower by means of sanction letter or otherwise, the amount of loan sanctioned along with the terms and conditions including annualised rate of interest and method of computation and application of the interest and seeks the borrower s acceptance of the terms and conditions on the sanction letter on its record. GSIFPL shall mention the penal interest charged for late payment in bold in the loan agreement.

2 Post Disbursals On sanction of the loan, GSIFPL should disburse the amount of the Loan sanctioned immediately. A signed and completed set of all Loan documents should be given to the Client immediately on disbursal of the Loan. Further, any changes in the agreed terms and conditions including a revision in rate of interest or rescheduling of the repayments must be clearly and promptly informed and explained to the Clients. Changes in interest rates and charges are to be effected only prospectively and a suitable condition in this regard shall be incorporated in the loan agreement. Decision to recall / accelerate payment or performance under the Loan Agreement should be in consonance with the Loan Agreement. GSIFPL should release all securities on repayment of all dues or on realization of the outstanding amount of loan subject to any legitimate right or lien for any other claim that GSIFPL may have against borrower. If such right of set off is to be exercised, the borrower shall be given notice about the same with full particulars about the remaining claims and the conditions under which GSIFPL are entitled to retain the securities till the relevant claim is settled/paid. General GSIFPL should refrain from interference in the affairs of the borrower except for the purposes provided in the terms and conditions of the loan agreement (unless new information, not earlier disclosed by the borrower, has come to the notice of the lender). In case of receipt of request from the borrower for transfer of borrowal account, the consent or otherwise i.e. objection of GSIFPL, if any, should be conveyed within 21 days from the date of receipt of request. Such transfer shall be as per transparent contractual terms in consonance with law. In the matter of recovery of outstanding loans, GSIFPL should not resort to undue harassment viz. persistently bothering the borrowers at odd hours, use of muscle power / force for recovery of outstanding loans, etc. GSIFPL shall ensure that its relevant staff is adequately trained to deal with clients in an appropriate manner. All Client complaints/disputes would be dealt with as per the Client Complaint policy of GSIFPL and can be raised with the following individual: Priya Subbaraman Compliance Officer Goldman Sachs (India) Finance Private Limited 951-A, Rational House Appasaheb Marathe Marg

3 Prabhadevi Mumbai Tel: Fax: GSIFPL will aim to resolve all complaints/disputes at the earliest. If the complaint/dispute is not redressed within a period of one month, the client may appeal to the following Officer-in-Charge of the Regional Office of DNBS of RBI, under whose jurisdiction the registered office of GSIFPL falls: General Manager Reserve Bank of India Department of Non Banking Supervision, Mumbai Regional Office 3 rd Floor, Garment House Dr. Annie Besant Road Near Worli Naka, Worli, Mumbai Tel: helpdnbs@rbi.org.in The aforesaid shall be displayed at the office of GSIFPL. All disputes arising out of the decisions of GSIFPL s functionaries in respect of client complaints shall be heard and disposed off atleast at the next higher level. A periodical review of the compliance of the Fair Practices Code and the functioning of the grievance redressal mechanism shall be conducted at appropriate levels of management and a consolidated report of such reviews shall be submitted to the Board of GSIFPL at regular intervals as prescribed by the Board.

4 Appendix I The Goldman Sachs Business Principles Our clients' interests always come first. Our experience shows that if we serve our clients well, our own success will follow. Our assets are our people, capital and reputation. If any of these is ever diminished, the last is the most difficult to restore. We are dedicated to complying fully with the letter and spirit of the laws, rules and ethical principles that govern us. Our continued success depends upon unswerving adherence to this standard. Our goal is to provide superior returns to our shareholders. Profitability is critical to achieving superior returns, building our capital and attracting and keeping our best people. Significant employee stock ownership aligns the interests of our employees and our shareholders. We take great pride in the professional quality of our work. We have an uncompromising determination to achieve excellence in everything we undertake. Though we may be involved in a wide variety and heavy volume of activity, we would, if it came to a choice, rather be best than biggest. We stress creativity and imagination in everything we do. While recognizing that the old way may still be the best way, we constantly strive to find a better solution to a client's problems. We pride ourselves on having pioneered many of the practices and techniques that have become standard in the industry. We make an unusual effort to identify and recruit the very best person for every job. Although our activities are measured in billions of dollars, we select our people one by one. In a service business, we know that without the best people, we cannot be the best firm. We offer our people the opportunity to move ahead more rapidly than is possible at most other places. Advancement depends on merit, and we have yet to find the limits to the responsibility our best people are able to assume. For us to be successful, our men and women must reflect the diversity of the communities and cultures in which we operate. That means we must attract, retain and motivate people from many backgrounds and perspectives. Being diverse is not optional; it is what we must be.

5 We stress teamwork in everything we do. While individual creativity is always encouraged, we have found that team effort often produces the best results. We have no room for those who put their personal interests ahead of the interests of the firm and its clients. The dedication of our people to the firm and the intense effort they give their jobs are greater than one finds in most other organizations. We think that this is an important part of our success. We consider our size an asset that we try hard to preserve. We want to be big enough to undertake the largest project that any of our clients could contemplate, yet small enough to maintain the loyalty, the intimacy and the esprit de corps that we all treasure and that contribute greatly to our success. We constantly strive to anticipate the rapidly changing needs of our clients and to develop new services to meet those needs. We know that the world of finance will not stand still and that complacency can lead to extinction. We regularly receive confidential information as part of our normal client relationships. To breach a confidence or to use confidential information improperly or carelessly would be unthinkable. Our business is highly competitive, and we aggressively seek to expand our client relationships. However, we must always be fair competitors and must never denigrate other firms. Integrity and honesty are at the heart of our business. We expect our people to maintain high ethical standards in everything they do, both in their work for the firm and in their personal lives.

6 GOLDMAN SACHS (INDIA) FINANCE PRIVATE LIMITED REGD. OFFICE: 951-A RATIONAL HOUSE, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI INTEREST RATE POLICY In terms of Notification No. DNBS. 204 / CGM (ASR)-2009 dated January 2, 2009 issued by the Reserve Bank of India, Goldman Sachs (India) Finance Private Limited, a company registered as a non-deposit taking non-banking financial company vide certificate of registration number dated March 23, 1998 (the Company ) shall adhere to the following guidelines for charging interest rates to its clients 1. The Company shall generally determine the interest rate for third-party loan products by taking into account its anticipated (i) cost of funds, (ii) relevant operating expenses and (iii) margins / cost of allocation of capital, as adjusted by risk and term premia for the loan product (determined in the manner set out below) and other relevant factors such as available data, if any, regarding pricing of recent market transactions for comparable loan products (eg. debt / debt-linked instruments issued by the borrower). The Company anticipates its interest rates for commercial loans and advances to be typically within the range of 8-20% per annum. However, the Company reserves the right to charge additional interest in case of default. 2. The spreads for the Company s loan products shall be benchmarked against the FIMMDA spreads for valuation of corporate bonds, PTCs and securitized paper. This shall be adjusted in light of relevant factors such as marketability of the loan product, whether rated or unrated etc. The above rates of interest, premia and approach for gradation of risks may be revised from time to time with the approval of the Company s board of directors and appropriately made available in accordance with the guidelines issued by the Reserve Bank of India from time to time. In light of the fact that the Company is in the start-up phase, the Board expects the interest rate model adopted by the Company to evolve with the business strategies of the Company and be formalized over time as the lending business of the Company grows and stabilizes. In the interest of customer protection and to have greater degree of transparency, this policy shall be disclosed on the Company s website in accordance with the Company s fair practice code and the requirements of the Reserve Bank of India.