Question

Under Section 21 of the Payment and Settlement Systems Act, 2007, a Clearing Corporation introduces a new settlement procedure that: (i) prioritizes settlements of larger-value transactions over smaller-value transactions; (ii) imposes differential settlement timelines based on participant credit ratings; (iii) does not disclose the prioritization logic to system participants. A smaller bank complains that it suffers settlement delays due to this undisclosed prioritization. Which of the following correctly applies Section 21 to this conduct?

A The Clearing Corporation's prioritization is permissible as an operational efficiency measure; disclosure of settlement logic is not required under Section 21
B The Clearing Corporation violates Section 21 because it must disclose the terms, conditions, and operational procedures including prioritization logic to system participants; failure to do so breaches the statutory duty of disclosure and fair treatment
C The Clearing Corporation's procedure is valid only if the RBI approves it; Section 21 does not independently constrain operational procedures
D The differential treatment based on credit ratings violates Section 21 only if intentionally discriminatory; legitimate credit-based differentiation is permissible
E Section 21 applies only to payment system providers, not clearing corporations; clearing corporations are exempt from disclosure requirements
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