Key Facts Statements (KFS) For Loans and Advances

Reserve Bank of India (RBI), on 15th April 2024, announced the new guidelines for Key facts statement (KFS) for retail and MSME terms loans and advances, containing essential information such as the all-inclusive APR and recovery and grievance redress mechanisms.

These guidelines are mandatory to ensure enhanced transparency in lending and enable customers to make informed decisions, thereby empowering borrowers to make informed financial decisions.

To whom are these changes intended?

    • All Commercial Banks
      • Local Area Banks,
      • Small Finance Banks, 
      • Regional Rural Banks, 
      • excluding Payments Banks
    • All Co-operative Banks
    • All NBFCs
      • Housing Finance Companies (HFC)
      • Microfinance institutions (MFI)

     

Here’s a quick checklist for your perusal

I am a bank and we use KFS for credit cards as well. Do these guidelines apply to credit card products as well?

No – these changes are only for “Retail and MSME term loans.” However, with implied regulations and the changing lending landscape, we prefer to look for new guidelines from the RBI.

Credit card products and corporate loans” are not included in the recent KFS guidelines shared by RBI.

2. As announced in the Statement on Developmental and Regulatory Policies dated February 8, 2024, it has been decided to harmonize the instructions on the subject. This is being done in order to enhance transparency and reduce information asymmetry on financial products being offered by different regulated entities, thereby empowering borrowers for making an informed financial decision. The harmonised instructions shall be applicable in cases of all retail and MSME term loan products extended by all regulated entities (REs)

What are the changes mandated by RBI?

1. “The new KFS statement should be in a standardized format with an added APR and Amortization sheet.”

4. REs shall provide a KFS to all prospective borrowers to help them take an informed view before executing the loan contract, as per the standardised format given in the Annex A. The KFS shall be written in a language understood by such borrowers. Contents of KFS shall be explained to the borrower and an acknowledgement shall be obtained that he/she has understood the same.
6. The KFS shall also include a computation sheet of annual percentage rate (APR), and the amortisation schedule of the loan over the loan tenor. APR will include all charges which are levied by the RE. Illustrative examples of calculation of APR and disclosure of repayment schedule for a hypothetical loan are given in Annex B and C respectively.

As per Annex A, provided by RBI

The KFS annex A has ensured transparency by providing the exact format in 2 parts:

Part 1: Interest rate and fees/charges

  • Loan proposal/account No.
  • Type of Loan
  • Sanctioned Loan amount (in Rupees)
  • Disbursal schedule (including stages and related clauses if not disbursed 100% upfront)
  • Loan term (specified in years, months, or days)
  • Installment details (type, number, amount of EPIs, and commencement of repayment)
  • Interest rate (percentage and type: fixed, floating, or hybrid)some text
  • Additional floating rate information: Reference Benchmark, Benchmark rate, Spread, Final rate, Reset periodicity, Impact of benchmark change on EPI, and number of EPIs
  • Fees/Charges (payable to the RE, payable to a third party through RE, including specifics like processing fees, and insurance charges)
  • Annual Percentage Rate (APR) (expressed as a percentage)
  • Details of Contingent Charges (penal, foreclosure, switching charges, etc.)

Part 2: Other qualitative information

  • Clause of Loan agreement relating to engagement of recovery agents
  • Clause detailing grievance redressal mechanism
  • Contact details of the nodal grievance redressal officer (phone number and email)
  • Information on potential transfer of the loan to other REs or its securitization
  • Details related to collaborative lending arrangements: Names and proportions of funding by the originating and partner REs, blended interest rate
  • Specific disclosures for digital loans: some text
    • Cooling off/look-up period
    • Details of the LSP acting as a recovery agent

KFS annex B has illustrated the computation of ARP for retail and MSME term loans:

KSF annex C has illustrated the repayment schedule under equated periodic installment (EPI) for the hypothetical loan.

2. “The KFS should be written in standard language for borrowers to understand.

4. REs shall provide a KFS to all prospective borrowers to help them take an informed view before executing the loan contract, as per the standardised format given in the Annex A. The KFS shall be written in a language understood by such borrowers. Contents of KFS shall be explained to the borrower and an acknowledgement shall be obtained that he/she has understood the same.

It has been mandated by RBI that the content of KFS should be explained to the borrower and the KFS shared with the borrower should be in the language understood by the borrower.  

Since most of the borrowers don’t speak only English or Hindi, as a best practice, the KFS and loan agreement should be in a language understood by the borrower and the loan execution journey for eSign should also be in the same language.

3. Lenders should help borrowers understand KFS before loan execution.

4. REs shall provide a KFS to all prospective borrowers to help them take an informed view before executing the loan contract, as per the standardised format given in the Annex A. The KFS shall be written in a language understood by such borrowers. Contents of KFS shall be explained to the borrower and an acknowledgement shall be obtained that he/she has understood the same.

It has been mandated by RBI to allow borrowers to review the entire KFS before signing.

In physical flow, the KFS should be shown and reviewed by the borrower.

In digital flow, during the loan execution journey, the KFS shall be reviewed by the borrower who could accept or reject it.

4. Loans with tenure >7 days -> The KFS validity will be 3 working days.
Loans with tenure <7 days -> The KFS validity will be 1 working day.

Further, the KFS shall be provided with a unique proposal number and shall have a validity period of at least three working days for loans having tenor of seven days or more, and a validity period of one working day for loans having tenor of less than seven days.1

Explanation

Validity period refers to the period available to the borrower, after being provided the KFS by the RE, to agree to the terms of the loan. The RE shall be bound by the terms of the loan indicated in the KFS, if agreed to by the borrower during the validity period.

Simply put,

For loan tenure => 7 days or more, the lender has to provide at least 3 or more working days for the borrower to review and sign the KFS

For loan tenure <= 7 days, the lender has to provide at least 1 working day for the borrower to review and sign the KFS

Note: The validity period will start from the day KFS is provided to the borrower. It is a minimum timeframe in which the borrower is entitled to either accept or reject the KFS.

There are two approaches by which lenders can share the KFS document with the borrower:

  1. Approach 1: It suggests that the KFS shall be sent to the borrower first – To review, acknowledge, and eSigned. Afterward, the loan agreement shall be sent to the borrower – To review, acknowledge, and eSigned.The KFS and loan agreement will not be part of the same loan kit.

    Note: The validity period as stated above is only for KFS. The lenders can choose loan agreement expiry as per their internal regulations.

  2. Approach 2: It suggests that the KFS and loan agreement shall be sent to the borrower as part of the same loan kit – To review, acknowledge, and eSigned.


Note: The validity period as stated above is now for the entire contract. 

Note: Lenders can also upload scanned copies of KFS and loan agreements and share them with borrowers for signing.

5. The borrower should consent and acknowledge the agreement before signing.

4. REs shall provide a KFS to all prospective borrowers to help them take an informed view before executing the loan contract, as per the standardised format given in the Annex A. The KFS shall be written in a language understood by such borrowers. Contents of KFS shall be explained to the borrower and an acknowledgement shall be obtained that he/she has understood the same.

In the digital KFS flow, there are multiple ways you can get consent and acknowledgment:

In the digital KFS flow, there are multiple ways you can get consent and acknowledgment:

  • Aadhaar eSign (OTP, FaceAuth, Fingerprint, Iris)
  • Smart eSign (Draw signature, upload, select auto-generated signature)
  • Clickwrap (Based on your legal/compliance need)

All these methods are valid by IT Act, 2000 for collecting eSigns from the borrower.

For high-stakes loans where legal enforceability is crucial, you can often prefer robust authentication methods such as Aadhaar eSign.

For lower-risk loans where regulatory compliance is the primary concern, simpler electronic verification methods such as Smart eSign or clickwrap can be opted for.

6. Without the borrower’s explicit consent, lenders cannot charge any fees not mentioned in KFS, ensuring fair practice.

7. Charges recovered from the borrowers by the REs on behalf of third-party service providers on actual basis, such as insurance charges, legal charges etc., shall also form part of the APR and shall be disclosed separately. In all cases wherever the RE is involved in recovering such charges, the receipts and related documents shall be provided to the borrower for each payment, within a reasonable time.

8. Any fees, charges, etc. which are not mentioned in the KFS, cannot be charged by the REs to the borrower at any stage during the term of the loan, without explicit consent of the borrower.

Simply put, if you wish to levy any additional charges that are not mentioned in the KFS document, you will need to have the explicit consent of the borrower.

In all cases wherever the RE is involved in recovering such charges, the receipts and related documents shall be provided to the borrower for each payment, within a reasonable time.

7. Updating loan terms requires consent from both the lender and the borrower.

When modifying loan agreements, it’s essential to follow proper contractual procedures, the process involves creating a new KFS and loan agreement that accurately reflects the proposed changes.

These documents should be presented to the borrower for review and approval.

The borrower’s explicit consent is crucial in this process. It’s important to note that lenders cannot force borrowers to accept new terms.

The borrower has the right to decline any proposed modifications to the original agreement.

In scenarios where a borrower refuses the new terms, lenders must respect this decision. It’s not permissible for the lending institution to unilaterally terminate the loan based solely on the borrower’s rejection of proposed changes.

The original terms of the loan agreement should remain in effect unless both parties agree to modifications.

How to comply with KFS’s new regulations using Contract360

  1. Template Engine: You can easily create pre-build templates where data can be pre-populated as per borrowers’ details and can be easily sent to borrowers for eSign.
  2. Setting up the KFS flow – You can easily set up both of the flows where KFS can be sent separately or together as a KFS loan kit, for borrower to eSign. 
  3. Selecting borrower-preferred language – You can easily build a template and eSigning journey in borrower-preferred language from 13+ local language support for a personalized borrower experience.
  4. KFS Consent and acknowledgment – Borrower can easily review the KFS, simply accept the KFS by acknowledging via eSign, or reject if any discrepancies are found. 
  5. Validity period – You can easily set custom expiry links for borrowers to eSign the agreement.

Using Contract360, you can easily comply with all new KFS regulations within a week.

Contact us to schedule an expert call on how Contract360 can help you comply!

FAQ

Q. What would happen if I’m unable to comply with new KFS regulations?

A. RBI rolled out strict guidelines with a deadline of 1st October 2024.

Incase of non-compliance, RBI can charge a hefty fine or penalty. The new guidelines are mandatory for Banks, Co-op banks, SFB, NBCF, HFC, and MFI.

Using the Contract360, you can seamlessly comply with new KFS rule and be complaint in 1 week.

Get on an expert call

Q. KFS needs to be in a language understood by the borrower. I don’t have the bandwidth to change the language fluency for the borrower.

A. Contract360 provides support to convert your existing KFS into 13+ local languages. With Contract360, you can select the borrower-preferred language to complete the loan execution journey.

With dedicated ESP like eMudhra, you can easily change the consent text in 10+ different vernacular languages as well, providing an end-to-end personalized experience. 

Q. What loans are covered in new KFS regulations that I need to comply with?

A. New KFS regulations suggest all loans including:

  1. Retail Lending by all REs 
  2. Term loans to MSMEs by all REs
  3. Loans by SCBs to individual borrowers 
  4. Digital lending by any regulated entity
  5. Microfinance loans whether by MFIs or other REs

Loan excludes

  1. Credit card debt
  2. Corporate loans

Q. What exactly comprises of retail loan?

A. Retail loans may include all types of loans to individuals, including the following :

  1. Vehicles/Auto loans 
  2. Educational loans
  3. Home Loans
  4. Loan against shares
  5. Loan against property
  6. Loan against fixed deposit, etc.

The retail loan does not include:

  1. Business loans
  2. Lines of credit – as the circular specifically refers to term loans
  3. Loans to corporates (other than MSMEs)
  4. Dealer financing (other than individuals)
  5. Builder Finance (other than individuals)


Q. Is it applicable to an LSP displaying loan information?

A. If LSP is acting on behalf of the lender, and the authority of the lender, what applies to the lender applies to the LSP as well. 

If LSP only has a platform that aggregates lenders and borrowers and provides a digital interface, they are not obliged to adhere to these new guidelines. However, we recommend you know about new regulations if needed to comply in the future.

Q. What are the differences between MITC and KFS?
I’m an HFC, do I need to comply with both?

A. MITC is Most Important Terms and Conditions and KFS is Key Facts Statements. The format of KFS is more focused on interest rates and other charges as well as a few qualitative terms of the loan, whereas MITC provides several other relevant details.

However, there are no new rules for MITC but lenders should prepare MITC as well as KFS in case of home loans.

Q. I am an LSP or digital lending platform. Will I be issuing the new KFS?

A. KFS should be issued by the lender and not the LSP/DL platform.

KFS needs to be reviewed and acknowledged by the borrower by a link sent via verified email ID/SMS/ Whatsapp

In the case of co-lending KFS is issued on behalf of joint lenders 

Digital Contracts

Digital Contracts in India: What Businesses Need to Know

In the rapidly advancing business environment of today, Digital Contracts are acing up! They are not just an innovation but a necessity, particularly in dynamic markets like India.

The traditional methods of contract management have undergoDigital Contracts in India: What Businesses Need to Knowne a significant transformation, especially in a vibrant and continually evolving market like India. No longer restricted to paper and ink, contracts have been digitized, offering businesses unprecedented levels of efficiency and agility. Mastering the complexities of these digital contracts is crucial in the Indian context, given its burgeoning tech industry and fluid legal landscape. As we delve into the critical aspects of virtual agreements in India, businesses will gain the insights they need to remain competitive in this swiftly changing sector.

Digital Contracts in India

Digital contracts are an increasingly popular way for businesses to conduct transactions and manage their affairs in India. With the Indian government recently announcing its plans to promote the use of digital contracts, it is clear that this trend is here to stay.

For businesses operating in India, it is important to understand the basics of digital contracts and how they can be used to your advantage. In this blog post, we will cover the following topics:

  1. What are digital contracts?
  2. The benefits of using digital contracts in India.
  3. How to create and sign aDigital Contracts in India: What Businesses Need to Know digital contract in India.
  4. What are some common mistakes to avoid when creating or signing a digital contract in India?

Can Contracts Be Formed Digitally?

Yes, India’s legal system allows for the formation and execution of contracts in electronic format, as outlined in Section 10-A of the Information Technology Act 2000 (IT Act). Furthermore, click-wrap contracts—commonly seen during online transactions—are also legally enforceable. As long as a contract meets the core requirements of the Indian Contract Act of 1872, it is deemed valid, even if executed digitally. The IT Act gives additional credence to contracts formed and accepted electronically. However, the onus of proving the contract’s authenticity falls on the party asserting its validity, especially if a digital signature is absent.

Governing Laws and Regulations

Digital contracts in India are primarily regulated by:

  1. The Indian Contract Act 1872
  2. The Information Technology Act 2000
  3. The Indian Evidence Act 1872

Additional rules under the IT Act that pertain to digital contract execution include:

  1. The Information Technology (Certifying Authorities) Rules 2000
  2. The Digital Signature (End Entity) Rules 2015
  3. The Information Technology (Use of Electronic Records and Digital Signature) Rules 2004

Another key consideration is that of electronic signatures. In India, the use of electronic signatures is permissible provided that certain conditions are met. For instance, the signature must be affixed to an electronic record in a manner that indicates the signatory’s intention to sign the record. In addition, any person who verifies the electronic signature must have consented to do so.

It is important to note that digital contracts are subject to the same rules of evidence as traditional paper contracts. This means that businesses should take care to ensure that all relevant information is accurately captured in the contract document. Any disputes that may arise from a digital contract will also be resolved in accordance with Indian law.

Data Retention and Software Legacy Requirements for Digital Contracts

An often overlooked but crucial aspect of digital contracts is the requirement for data retention and software legacy. According to Section 7 of the IT Act, the law permits electronic retention of documents, records, or information that are legally required to be kept for a specific duration. However, certain conditions must be met for the electronic retention to be deemed valid:

  1. Accessibility: The retained electronic information must be easily accessible for future reference.
  2. Format Integrity: The electronic record should either be retained in its original format or in a format that can be proven to accurately represent the original content.
  3. Traceability: Essential details that help identify the origin, destination, date, and time of dispatch or receipt of the electronic record must be included.

Meeting these requirements ensures that the electronic contracts are not only legally compliant but also stand up to scrutiny should any legal complications arise.

Benefits and Challenges of Digital Contracts

  1. Speed and Efficiency: Traditional contract processes can take a significant amount of time from drafting to signature collection. Digital contracts streamline these procedures, allowing parties to quickly negotiate, amend, and sign contracts, thereby accelerating business processes.
  2. Cost-Effective: The cost savings are immediate when you consider the reduction in paper, printing, and postage. Plus, digital storage is far more cost-effective and space-efficient compared to physical storage units filled with paper contracts.
  3. Enhanced Security: Digital contracts can incorporate advanced encryption and secure digital signatures, reducing the risk of fraud. Audit trails can track all changes and signatures, providing an added layer of security.
  4. Accessibility: Being digital, these contracts can be accessed from anywhere at any time, provided you have the right credentials. This is particularly useful for businesses with global operations and remote teams.
  5. Legal Compliance and Data Retention: With laws like the IT Act in place, digital contracts are now as legally binding as paper contracts. They also meet data retention requirements more efficiently, as electronic data can be organized and retrieved more easily than physical copies.

Conclusion

Digital contracts are becoming an increasingly important part of doing business in India, with their use growing exponentially. With the right understanding and preparation, businesses can take advantage of this technology to simplify their legal processes and build stronger relationships with customers. Navigating the world of digital contracts in India can be difficult at times but by following these tips, businesses will have a better chance of succeeding.

Know about Signzy’s Digital Contracting API and learn how it streamline contract management and eliminate operational bottlenecks.

Know everything about Affidavits & e-Stamping

Affidavits are ubiquitous in legal, financial, and administrative matters. But what exactly are they, and how can you efficiently get them e-stamped? This blog aims to provide a detailed guide on affidavits and the simplified process of e-stamping them through platforms like Signzy’s state-of-the-art eStamping API.

What Are Affidavits?

An affidavit is a written sworn statement of fact that is voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. They are used to present factual information and are often utilized in legal proceedings as evidence.

The Traditional Stamping Process

In earlier times, stamping an affidavit involved going to a stamp vendor or a government office, paying the required stamp duty in exchange for a physical stamp on the document. This traditional method is time-consuming and can be cumbersome, given the need for physical presence and dealing with paperwork.

Types of Traditional Stamping Methods

Judicial Stamping

Judicial stamping is generally used for legal proceedings and court matters. These stamps are usually affixed to affidavits, court fees, and other documents that are presented in court.

Non-Judicial Stamping

Non-judicial stamps are used for transactions involving the transfer of property, business agreements, and other civil activities. Stamp papers of various denominations can be purchased from licensed vendors.

Franking

Franking involves marking a document with a special ink that signifies the payment of stamp duty. Usually, this process requires visiting an authorized bank or a franking agency.

The Process

  1. Identification of Document Type: Identify the type of document that requires stamping, which dictates the amount of stamp duty.
  2. Purchase of Stamp Papers or Franking: Depending on the type and nature of the document, one may need to buy stamp papers or go to a bank for franking.
  3. Document Preparation: Once the stamp duty is paid, the document is written on the stamp paper, or the franking mark is affixed to it.
  4. Verification: For some documents like property transfers, an additional step of verification might be required, which usually involves visits to a notary or another relevant government official.
  5. Record-Keeping: Traditionally, physical copies of stamped documents are stored for future reference, often leading to challenges related to storage and retrieval.

Challenges of Traditional Stamping

  • Time-Consuming: The need to physically purchase stamps or get a document franked is often time-consuming.
  • Storage Issues: Managing and storing paper-based stamped documents can be cumbersome and risky.
  • Fraud Risks: Physical stamps can be susceptible to counterfeiting and fraud.
  • Lack of Transparency: Manual methods often lack a centralized tracking system, leading to transparency issues.

Traditional Stamp Duty Payment for Affidavits

The conventional way of paying stamp duty for affidavits involves a manual process that often includes visiting a government office or authorized stamp vendors. It entails purchasing physical stamps or getting the document franked, both of which demand time and often involve long queues and cumbersome paperwork.

The Steps Involved

  1. Determining Stamp Duty: The first step usually involves understanding how much stamp duty needs to be paid for the particular affidavit. This amount can vary depending on the type of affidavit and the jurisdiction in which it is being submitted.
  2. Purchasing Stamps: After determining the stamp duty, you must visit an authorized stamp vendor or government office to purchase the required stamp papers or revenue stamps. This often involves standing in long queues and filling out forms.
  3. Document Drafting: Once the stamps are purchased, the affidavit is drafted on the stamp paper itself or is affixed with revenue stamps. The document is then notarized to give it legal standing.
  4. Submission and Storage: The stamped and notarized affidavit must be submitted where required. Additionally, you may need to keep a copy for your records, which adds to the paperwork you must manage and store.

Challenges of Traditional Methods

  • Inefficiency: The traditional method is highly manual, requiring multiple in-person visits, which can be time-consuming and inefficient.
  • Risk of Errors: Handwritten or typed documents are more susceptible to errors, which could render them invalid, requiring the entire process to be redone.
  • Lack of Security: Physical documents and stamps are subject to wear and tear, loss, or even forgery.
  • Administrative Burden: Managing physical documents becomes increasingly difficult as they accumulate, posing a challenge in storage, retrieval, and verification in the future.

The Need for Modernization

As our world increasingly moves towards digitization, it’s becoming clear that the traditional stamp duty payment method for affidavits is out of step with the needs of a fast-paced, digital society. There is a growing demand for more streamlined, secure, and efficient ways to handle this crucial aspect of legal and administrative work.

How Does E-Stamping Work?

E-stamping is an online process that replaces the traditional method of physical stamping. It’s secure, quick, and can be done from the comfort of your home or office. Platforms like Signzy provide APIs that facilitate the e-stamping process, eliminating the need to visit any government office or stamp vendor.

Advantages of E-Stamping Over Traditional Methods

  • Convenience: One of the biggest advantages is the convenience it offers. You can e-stamp a document anytime and anywhere.
  • Security: E-stamping is generally more secure than traditional stamping methods. The data is encrypted, and the process is fully compliant with existing laws.
  • Efficiency: The process is much quicker than traditional methods, saving both time and resources.

How Signzy’s E-Stamping API Simplifies the Process

Signzy’s eStamping API aims to revolutionize the traditional stamping process. It provides a secure, quick, and convenient way to affix digital revenue stamps on your affidavits, effectively eliminating geographical and time limitations. The API allows for a more streamlined, paperless, and secure method of validating your legal documents. With Signzy, you can focus more on what matters and worry less about the administrative hassles.

Conclusion

Affidavits play a critical role in various legal and administrative procedures. The introduction of e-stamping has significantly simplified the process of validating these crucial documents. With platforms like Signzy’s eStamping API, you can now enjoy a more secure, efficient, and convenient way of handling affidavits. Say goodbye to long queues and hello to the future of document validation.

To get started with e-stamping your affidavits, visit Signzy’s eStamping Platform. Don’t miss out on the future of easy, secure, and efficient affidavit handling. Try Signzy’s eStamping API today! Contact us now!

Franking

Franking Documents: A Comprehensive Guide

Franking documents has long been a cornerstone in the realm of legal and financial transactions, serving as a time-honored method of validating important papers. In this comprehensive blog post, we will explore the intricacies of franking, its various applications, and how it stands in comparison to e-stamping. Additionally, we will discuss its drawbacks and how Signzy’s eStamping API is modernizing the traditional franking process.

What is Franking?

Franking is a process of affixing a revenue stamp or seal to a document to indicate the payment of stamp duty. The practice has been around for many years and is often used in property transactions, lease agreements, and other high-value contracts.

Franking

When to Frank Documents?

Franking is generally necessary when creating legal documents that involve significant financial transactions. Before a document can be legally enforceable or admissible in court, it must be properly franked.

What are Franking Charges?

Franking charges are fees paid in addition to the stamp duty when using a franking machine to affix a stamp on a legal or financial document. These charges are essentially a kind of service fee for the franking service provided by authorized banks or franking agencies. The cost of franking charges can vary based on jurisdiction, the nature of the transaction, and sometimes even the total value of the stamp duty itself.

Franking charges are generally nominal but can add up for organizations that rely heavily on franked documents for their business transactions. It’s always advisable to inquire about the specific franking charges applicable to your transaction beforehand. These charges are usually separate from the stamp duty and are paid to the entity providing the franking service, not to the government.

It can vary between different states in India due to varying regulations and guidelines set by state governments. Here are hypothetical examples for four states, Maharashtra, Karnataka, Delhi & Tamil Nadu, to give you an idea of how franking charges might differ.

Maharashtra:

In Maharashtra, franking charges could be set at 0.1% of the transaction value for property transactions. So if you are buying a property worth ₹1 crore, you may have to pay franking charges of ₹10,000 in addition to the stamp duty. Note that there may be a cap on maximum franking charges, depending on the guidelines set by the state.

Karnataka:

In Karnataka, franking charges for the same kind of transaction could be at a fixed fee, say ₹500, regardless of the property value. This would make it more cost-effective for higher-value transactions compared to a percentage-based system.

These examples are hypothetical and not based on actual current rates. Always consult with your legal advisor and check the latest rates and regulations for the most accurate information.

By comparing the two, you can see that the method of calculating franking charges can be quite different, affecting the total cost of the transaction. Always make sure to check the latest regulations in your specific state to know what you will be required to pay.

Delhi:

In Delhi, the charges could be a flat fee of ₹100 for certain kinds of agreements, irrespective of the transaction value. This flat fee structure is easier to navigate and can be cost-effective for large transactions.

Tamil Nadu:

In Tamil Nadu, the charges might be calculated as a percentage of the transaction value, let’s say 0.2%. If you were entering into an agreement with a transaction value of ₹50 lakhs, the franking charges would be ₹10,000.

These are simplified examples intended to illustrate the differences in how franking charges can be calculated. Always consult with a legal advisor and check the latest rates and regulations for the most accurate and up-to-date information.

By comparing the above hypothetical examples, you can see that the method of calculating franking charges can be quite different, affecting the total cost of the transaction.

The Impact of Franking Charges on Overall Transaction Expenses

These charges are an essential part of various transactions like property purchase, business agreements, and legal contracts. Though usually a minor portion of the overall transaction value, they can still impact the total cost in several ways:

  1. Direct Cost: The charges add to the overall cost of the transaction. Depending on the state’s regulations, these charges can either be a flat fee or a percentage of the transaction value.
  2. Convenience Factor: It can simplify the payment of stamp duty, but you might need to physically visit a bank or authorized center for franking, incurring additional time and travel costs.
  3. Compliance Costs: Failure to pay appropriate charges can result in penalties, adding further costs and complications to the transaction.
  4. Variable Rates: If the charges are based on a percentage, fluctuations in transaction value will directly affect the overall cost.
  5. Speed of Transaction: Depending on the jurisdiction, franking can be quicker than other methods like stamp papers, potentially speeding up transaction completion and reducing carrying costs.
  6. Double Costs: In interstate transactions, both parties need to be aware of franking charges in both states. Inconsistencies in rates can cause one party to incur higher costs than anticipated.
  7. Legal Certainty: Properly franked documents have strong legal validity, which can save money in the long run by providing clearer proof of the transaction, thus reducing the potential for legal disputes.

Franking vs Stamp Duty: Understanding the Distinctions

Stamp Duty and Franking Charges, while related, are distinct concepts in the realm of legal documentation. Stamp Duty is a tax levied by the government on various legal transactions to make them legally binding. It represents a percentage of the transaction value and can be paid through various modes such as adhesive stamps, e-stamps, or franking. On the other hand, FC refer to the fees paid to authorized banks or agents for stamping a document, indicating the payment of the requisite stamp duty. Essentially, while stamp duty is the actual tax, franking is one of the methods to pay and evidence that tax on the document.

A few other differences between the two are:

  1. Scope:
    • Franking: Limited to being a procedure for confirming payment.
    • Stamp Duty: A broader term that includes various rates and rules depending on the type of transaction.
  2. Beneficiary:
    • Franking: Benefits both parties in a transaction by providing proof of tax paid.
    • Stamp Duty: Benefits the government as a source of revenue.
  3. Legal Requirement:
    • Franking: One of several ways to meet the legal obligation of paying stamp duty.
    • Stamp Duty: A mandatory tax required by law for certain documents.
  4. Duration & Timing:
    • Franking: Has to be done before executing the document.
    • Stamp Duty: The obligation to pay exists as long as the relevant document needs to be legalized.
  5. Evidence:
    • Franking: Acts as evidence that stamp duty has been paid.
    • Stamp Duty: Is a financial obligation, the proof of payment for which could be a franked stamp, an e-stamp, or a physical stamp paper.
  6. Flexibility & Utility:
    • Franking: Once done, it’s difficult to change the franking amount & Specific to the document it is applied to
    • Stamp Duty: Depending on jurisdiction and transaction type, the amount could be subject to change or negotiation. Applicable to a variety of transactions, including property transfers, leases, and many others.

Difference Between Franking and E-Stamping

E-stamping and franking both serve the purpose of paying stamp duty, but they differ in terms of convenience, efficiency, and security. Here are some reasons why e-stamping may be considered better than franking:

  1. Ease of Access: E-stamping can be done online, eliminating the need to visit a bank or any other authorized franking agent. This makes it more accessible and convenient.
  2. Time-Saving: The e-stamping process is usually quicker. Once payment is made, the e-stamp certificate can be generated almost immediately, while franking may require you to wait or come back to collect the document.
  3. Accuracy: E-stamps come with a unique identification number, making it easier to verify their authenticity. The chances of error or fraud are comparatively less than in franking.
  4. Flexibility: E-stamping allows you to accurately input the exact amount of stamp duty, whereas with franking, you are often limited to denominations available, which might lead to payment of a slightly higher amount.
  5. Storage and Retrieval: Digital records of e-stamps are easier to store, retrieve, and reproduce if the original document is lost or damaged. With franked documents, the loss of the original is a more significant issue.
  6. Cost-Effectiveness: Although both methods entail similar costs in terms of the actual stamp duty, e-stamping can be more cost-effective when you factor in the convenience and time saved.
  7. Security: E-stamping databases are securely maintained by government-appointed agencies, providing an additional layer of security.
  8. Nationwide Validity: E-stamps have nationwide validity, making them universally acceptable, while franking might not be recognized everywhere, and policies can vary from state to state.

Signzy’s eStamping API Solution

Signzy’s cutting-edge eStamping API brings about a transformative shift in the way stamp duties are paid and documents are validated. By offering an integrated solution that can be seamlessly embedded into your existing platforms, we streamline the entire stamping process, making it more efficient, transparent, and accountable.

Key Features:

  1. Real-Time Verification: Our API offers immediate validation of e-stamps, providing both parties with instant confirmation of a transaction’s authenticity. This is a quantum leap over traditional franking, which may require manual checks and extended verification periods.
  2. Multi-State Compliance: Signzy’s eStamping API is programmed to adhere to the varying stamp duty laws and regulations across different Indian states. This ensures that your transactions are compliant no matter where they are initiated.
  3. Secure Transactions: Enhanced with state-of-the-art security features, the eStamping API ensures that all transactions are encrypted and securely stored, thereby mitigating the risk of fraud or data breaches.
  4. Scalability: Whether you’re a small enterprise or a large corporation, our API scales to meet your needs, allowing for high-volume transactions without compromising on speed or security.
  5. API Integration: The API can be easily integrated into existing enterprise systems, CRM software, or any other platforms where transactions requiring stamp duties are performed, thereby offering a unified, streamlined experience.
  6. Cost-Effectiveness: By cutting down on manual labor, printing costs, and time spent on traditional franking, Signzy’s eStamping API offers a cost-effective alternative that enhances operational efficiency.

Interested in simplifying your documenting process? Contact us today to learn how Signzy’s eStamping API can benefit your organization. 

To know more about Signzy’s eStamping API solution, click here

signature

In-Depth Exploration of eSignatures & Digital Signatures

In today’s digital age, the way we handle documents has undergone a significant transformation. With the increasing adoption of digital tools and platforms, especially in legal and corporate environments, the methods of signing documents have evolved. Two of these modern signing methods, which are sometimes used interchangeably but are distinctly different, are the electronic signature (eSignature) and the digital signature.

What is an Electronic Signature (eSignature)?

An electronic signature, often known as an eSignature, is a broad category that includes any electronic process that indicates an acceptance of an agreement or a record. These can range from a scanned image of a physical signature, a typed name, to a click-to-accept checkbox on a terms of service page.

Benefits of eSignature:

  1. Convenience: eSignatures offer the ability to sign documents from anywhere, at any time, and on any device, ensuring processes aren’t halted due to geographical constraints.
  2. Speed: Accelerates the document signing process by eliminating the need for print, sign, scan, and send routines.
  3. Reduced Costs: Saves on printing, paper, ink, mailing, and storage expenses.
  4. Enhanced Experience: Provides an improved and modern user experience for both the sender and the recipient.
  5. Environmental Friendly: Supports green initiatives by reducing the dependence on paper.

What is a Digital Signature?

Digital signatures are a subtype of electronic signatures. They offer a higher level of security and operate based on Public Key Infrastructure (PKI). Digital signatures use a certificate-based digital ID, which is issued by an accredited Certificate Authority. They not only verify the signer’s identity but also ensure that the document has not been altered since it was signed.

Benefits of Digital Signature:

  1. Enhanced Security: Provides cryptographic proof of the signer’s identity and ensures data integrity.
  2. Authentication: Validates the identity of the parties involved in the signing process.
  3. Non-repudiation: It’s challenging for the signer to deny signing a document as it uniquely links the signature to the signer.
  4. Data Integrity: Assures that the signed document has remained unchanged post-signing.
  5. Legal Compliance: Meets strict legal and regulatory requirements in many countries, making it legally binding.

Why Choose One Over the Other?

The choice between eSignatures and digital signatures boils down to the specifics of the situation:

  • Document Type & Sensitivity: For highly confidential documents where the stakes are high, such as legal contracts or official government documents, digital signatures’ added security layer is invaluable. However, for day-to-day documents or internal approvals, an eSignature might suffice.
  • Industry Regulations: Industries like finance, healthcare, and real estate might have stringent regulations that mandate the use of digital signatures for certain transactions due to their higher authentication and non-repudiation properties.
  • Global Transactions: Different countries have varied regulatory landscapes. For global businesses, understanding which type of electronic signature is legally accepted in a particular jurisdiction is crucial. Digital signatures, with their robust security protocols, are often universally recognized.

Cost Implications

Implementing digital signatures involves additional costs. Certificate Authorities (CAs) need to verify an individual’s identity before issuing a digital certificate, and this comes at a price. However, the investment might be justified by the reduced risk of forgery and the enhanced trustworthiness of documents.

Future Outlook

As cyber threats continue to evolve, the emphasis on secure digital transactions will only grow. While eSignatures offer a quick solution for many scenarios, the assurance and robustness provided by digital signatures will continue to be invaluable for high-stakes transactions and industries with stringent compliance requirements.

In Conclusion

While both electronic and digital signatures aim to speed up the process of signing and authenticating documents, their applications and levels of security vary. Electronic signatures are suitable for everyday use, where high-level security isn’t the primary concern. On the other hand, digital signatures are best for high-stakes transactions, legal documents, and where a strong, verifiable process is necessary.

Choosing between them depends on the specific needs, regulatory compliance requirements, and the level of assurance needed regarding the signer’s identity and the integrity of the information.

At Signzy, we’re dedicated to paving the way towards a more efficient, secure, and digital future! Contact us to book a demo! 

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