Tuesday, April 5, 2011

WHO CONTROLS MONEY LENDERS? As MASLOC enters the fray

The Bank of Ghana (BoG) has said it is ready to license, regulate and supervise the activities of microfinance institutions in the country. But even before the BoG issues guidelines on regulations, the Microfinance and Small Loans Centre (MASLOC) has jumped into the fray to question the mandate of the central bank to regulate and superve activities of money lenders. Maxwell Adombila Akalaare reports

THE Microfinance and Small Loans Centre (MASLOC) of the Office of the President has questioned the legitimacy of the BoG's mandate over its proposed supervision and regulation of money lenders in the country.
Front view of MASLOC's head office in Accra

Ms Bertha Ansah-Djan, the Chief Executive Officer of the MASLOC said at a stakeholder meeting organised by the BoG to present its proposed guidelines for the sector that the MASLOC was “a bit confused as to where the BoG is coming from” with regards to the supervision and regulations of the lenders.
According to Madam Ansah-Djan, MASLOC “unlends its funds to these institutions and by extension  should be the ones to regulate and supervise their activities to ensure optimal performance and subsequent refund of our funds.”
She said MASLOC’s policy document states among other things that the centre “was the apex body of the microfinance institutions in the country” and should therefore regulate and supervise their activities in the country.
  But the Assistant Director of the Banking and Supervision  Department of the BoG, Mr Franklin Belnye said it was “the BoG’s duty to regulate the activities of these microfinance institutions,” adding that the BoG  had “no doubt that what it was doing (framing up modalities towards regulating and supervising their activities in the coming months) was appropriate to our mandate.”
He however noted that the BoG might have to engage the MASLOC on “a one-on-one discussion on the matter" adding that nothing stopped MASLOC from supervising their activities once it is the body that unlends to most of them.
"But when it comes to regulation, it is the BoG that should do that,” Mr Belnye noted.
  According to him, the BoG had actually dedicated a unit within it tasked with the responsibility of regulating the microfinance sector should the measures being formulated were finalised.
Bertha Ansah-Djan says the MASLOC "is a bit confuse about where the BoG is coming from."

The MASLOC CEO later told the GRAPHIC BUSINESS on phone that MASLOC would be pushing for the mandate from the BoG to enable it monitor and supervise the activities of the microfinance institutions while the Central Bank concentrated on the issuance of regulations to guide the sector.
“MASLOC would want the BoG to regulate the sector; come out with the appropriate guidelines on what it takes to be a microfinance institution in Ghana. But when it comes to monitoring of their operations and all other things, allow it to the various associations (money lenders association, MASLOC and the rest) to handle.”  
According to Madam Ansah-Djan MASLOC would be pushing for what "our policy document mandate’s us to be; be the apex body of microfinance institutions in the country and subsequently supervise their activities.”
The Bank of Ghana had earlier admitted that the Criminal Investigations Department (CID) of the Ghana Police Service’s continued licensing of money lenders in the country was illegal but added that it’s (BoG’s) lack of the needed structures to regulate the sector had caused it to “turn a blind eye on” the CID’s activities.
Although the CID did not claim authority over the licensing of the money lenders, it said its continuous licensing of the lenders was “to fill a void” created by the BoG’s unavailable modalities to license the lenders.
Money lenders, microfinance institutions and ‘susu’ collectors are meanwhile beginning to hive a sigh of relieve following the Central Bank’s renewed efforts towards taking over full licensing, supervision, and regulations of their activities.
In a document titled “Guidelines for Regulating Microfinance Institutions in Ghana”, the BoG said it was mandated to protect "innocent patrons of microfinance institutions from loss of their hard earned savings while recognising the role of the mini-savings  and loans companies as well as credit providers in ensuring an all inclusive financial and orderly development of the country’s credit delivery system."
In line with these intentions, the regulator of the country's financial sector said the regulations captured in the said document were meant “to provide for orderly development of the Microfinance sector, pending the passage of a Microfinance Act in the near future." The said draft document categorised Microfinance operations into two tiers, two and three.
Tier two institutions, it said would include “Susu Companies, financial NGOs, money lenders and other companies engaged in “financial services” and must be wholly owned by nationals”.
These companies, it added must have a minimum capital base of GH¢100,000, accept deposits not exceeding GH¢10,000 per customer per transaction and have their license renewed annually with a revisable fee of GH¢200.
Those of tier three would also comprise of individual susu collectors mandated by the BoG's regulatory framework to belong to "an association such as the Susu Collectors Association with those associations belonging to tier three institutions.” The minimum capital requirement of tier three institutions according to the document would be  GH¢10,000 for starters.
The BoG’s Banking and Supervision department is currently hoping to have those modalities and regulations adopted and passed by its board, hopefully this month to enable its take in licensing, regulating and supervising the activities of microfinance institutions in the country.
And once that is done, the BoG said "all persons and institutions involved in microfinance operations would be given a maximum period of six months from the date of publication of a notice to comply with the contents of this guideline or cease operations."
Some of the representatives at the meeting were of the  view that the BoG regulating their activities would help categorise the various microfinance institutions into their respective divisions that they belong.
According to them most prospective microfinance institutions in the country whose activities are outside that of money lenders were “initially going for money lenders’ licenses from the CID to enable them operate”, a situation they believed would ceas should the BoG take over full licensing and regulation of their sector.

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