Context:
The Reserve Bank of India (RBI) has prohibited pre-payment charges on floating rate loans extended to individuals and Micro & Small Enterprises (MSEs), effective from January 1, 2026. The move aims to promote greater borrower flexibility, ensure fair lending practices, and eliminate anti-competitive barriers in credit markets.
Key Highlights:
Who Benefits?
- Individuals
- Micro & Small Enterprises (MSEs)
→ Loans for business or personal purposes
What Loans are Covered?
- Floating rate term loans and demand loans
- Sanctioned or renewed on or after January 1, 2026
- Includes loans with co-obligants
- Dual rate loans (fixed + floating): Charges barred only if floating at time of pre-payment
Institutions Covered
No Prepayment Charges Allowed for the Following:
- Commercial Banks (excluding Payment Banks, SFBs, RRBs, LABs)
- Co-operative Banks (Tier 4 Urban Co-op Banks with deposits > ₹10,000 crore)
- NBFCs – Upper Layer (NBFC-UL)
- All India Financial Institutions (AIFIs)
No Exceptions on Pre-Payment Source
- Applies to partial or full pre-payments
- Applies regardless of whether borrower uses own funds or external funds
- No lock-in period needed
What is Not Allowed?
- Charging fees when prepayment is initiated by the lender
- Imposing retrospective prepayment charges after waivers were granted earlier
Why This Move?
- RBI’s review highlighted:
- Restrictive and inconsistent prepayment practices
- Grievances from MSE borrowers
- Barriers to refinancing and competitive borrowing
Legal Basis
RBI exercised powers under:
- Banking Regulation Act, 1949: Sections 21, 35A, and 56
- RBI Act, 1934: Sections 45JA, 45L, and 45M
- National Housing Bank Act, 1987: Section 30A