Micro Finance Institutions Act – will it help
the poor?
The alleviation of poverty is one of the prime
objectives of the government. No government could solve this national
issue on their own. It is a collective responsibility of all sectors,
including private, non-government and civil society. It has been
accepted universally that Micro Financing is an effective tool towards
eradication of poverty. During the last century, a considerable
number of institutions such as Cooperatives, NGOs and Village Level
Groups had been in the forefront in this sector.
These institutions and informal groups had delivered
a commendable service particularly to the non-bankable poor. We
have now reached a stage where the attitudes of the government and
the public need to be further improved towards these Grass Roots
Institutions.
The Microfinance Institutions Act, intended to
be implemented by the Non-Banking Supervision Department of the
Central Bank of Sri Lanka seems to be one of the key milestones
towards the development of Micro Finance. Incorporation of this
Act has been in progress during the last one and half years with
very little participation from the microfinance practitioners and
civil society.
Even though it is going to directly affect positively
or negatively on these Institutions, as well as on the grass roots
community, it is commendable, even at a later stage, the officials
have decided to consult the civil society.
Within a short period, some of the key Microfinance
Organizations managed to initiate a discussion amongst 25 organisations
to discus the impact of the proposed Microfinance Institutions Act,
and to propose a joint list of comments in order to improve the
content of the Act. Those Institutions are – SEEDS (Gte) Ltd,
Lak Jaya Micro Finance, Ceylinco Grameen, PLAN.
Sri Lanka, STROMM Foundation, GTZ, Sewa Finance,
SAPSRI, BRAC - Sri Lanka, SEWA Lanka Foundation, World Vision, District
Women’s Development Federation, Hambanthota, Women’s
Development Centre, Kandy, Arthacharya Foundation, ECLOF, and Sri
Lanka Business Development Centre. The suggestions made as a group
to the Non Bank Supervision Department of the Central Bank of Sri
Lanka are as follows,
* The Act has specified a minimum Core Capital
or Net Asset amount for National District and Divisional Secretary
levels. It is suggested to have some flexibility by allowing the
Director, Non-Banking Supervision to take decisions regarding the
minimum core capital or net asset levels. This is because, if it
is being specified in the Act, any amendment will need an amendment
to the Act which will be a long and difficult process.
* The Act provides powers to examine other than
the applicant, Holding Company, Substitute Company, Associate Company
or any other Company. It is suggested to omit the Associate Company
or any other Company from the list.
* It is suggested that smaller MFIs having a Core
Capital/Net Assets less than Rs 1.0 million not be subject to regulation,
unless such MFIs mobilize deposits.
* Microfinance Institutions Act indicates appointing
agents by the Director, Non- Bank Supervision Department of Central
Bank and District Secretaries have been suggested as Agents. The
participants’ opinion is to appoint a separate set of Officers
directly responsible to the Director, Non-Bank Supervision Department
of Central Bank.
* It is the universally accepted in principle
that the interest ceilings are detrimental to the Microfinance Sector.
All internationally accepted best practices guidelines, including
CEGAP clearly mention that it is important to establish interest
rates which cover all costs of the delivery Institutions. The proposed
Act indicates that the authorities have the power to control the
interest rates. The common consensus of the practitioners and other
opinion leaders are to delete the above clause.
* Co-operative Societies are governed by the Co-operative
Societies Act, and have its regulatory standards. It would be a
confusing issue for the Co-operative Societies to abide by two laws.
Therefore, it is suggested not to cover Co-operative Societies under
the proposed Microfinance Institutions Act.
* According to the views of the practitioners,
it is important to set agreed Auditing Standards for Microfinance
Institutions. This will be helpful for the Audit Firms to conduct
standard audits in Micro Finance operations.
* The Act suggests that, audited Financial Statements
should be submitted within four months after each Financial Year.
Due to the large number of transactions and the grass roots outreach,
it is a difficult task to provide Audited Financial Statements within
a short period. Therefore it is suggested to increase the period
from 4 months to 6 months.
* The proposed Act indicates that only “Qualified
Auditors” should be used. It is suggested that, it be made
a mandatory requirement for only the national level Micro Finance
Institutions to use “Qualified Auditors”. But for the
Regional and Divisional Microfinance Institutions, to allow “Partly
Qualified Auditors” to conduct the same function, which will
reduce the cost burden on small Micro Finance Institutions.
In addition to the above suggestions, the practitioners
and opinion leaders have suggested the following inclusions,
* The Act should provide Microfinance Institutions,
the authority to accept not only Cash Grants, but Material Grants
as well.
* To incorporate powers for the Micro Finance
Institutions to operate Micro Leasing Facilities up to a maximum
of Rs 1 million, Micro Insurance Schemes and Pawning facilities.
We strongly believe that, responsible officials
in the government and the Central Bank of Sri Lanka will seriously
consider these important suggestions. It is the responsibility of
all concerned to ensure that, the incoming Act will facilitate and
promote Micro Finance in Sri Lanka rather than being a hindrance
to the grass roots development.
(Statement by group of micro finance organisations)
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