Current · Source: Reserve Bank of India · RBI/2011-12/317 · issued 26 Dec 2011 · ~1 min read
Quick answerRBI permits NBFCs to buy credit protection via CDS solely to hedge credit risk on corporate bonds they hold. Selling protection or taking short positions is banned. Exiting positions is allowed via unwinding or assignment.
The rule, in the simplest words
NBFCs (companies that lend money but are not banks) can only buy CDS (insurance against a company not paying back its bond) to protect themselves if the bond they own fails.
NBFCs are NOT allowed to sell CDS (sell insurance) or make bets that a bond will fail (short positions).
If an NBFC wants to stop its CDS, it can cancel it with the person it bought it from or give it to someone who buys the bond it protects.
How it plays out — a real example
A treasury officer in Indore, Priya, works for an NBFC that holds a corporate bond from a local company. To protect her NBFC from losing money if that company defaults, she buys a CDS from a bank. She never sells CDS to others, because the rules say she can only use CDS as a shield, not as a way to make extra money.
What changed
RBI issued guidelines allowing NBFCs to participate in the credit default swap market only as users, not as sellers. They can buy CDS to hedge credit risk on corporate bonds they hold, but cannot sell protection or take short positions. Exiting is permitted through unwinding with the original counterparty or assigning to the buyer of the underlying bond.
What it means for you
NBFCs can now use CDS as a risk management tool to protect against defaults on corporate bonds in their portfolio, but cannot speculate or generate income by selling protection. This limits their exposure and aligns with conservative regulatory oversight. Banks lending to NBFCs may see reduced credit risk if NBFCs hedge effectively.
What you must do
Ensure NBFC clients comply with CDS user-only status and do not sell protection.
Verify that NBFCs hold the underlying corporate bonds before buying CDS for hedging.
Monitor NBFCs' CDS positions to confirm they are not taking short positions.
Advise NBFCs on proper documentation for unwinding or assigning CDS contracts.
Who it affects
All NBFCs (excluding primary dealers), Corporate bond issuers, Banks dealing with NBFCs
❓ Common questions
Can NBFCs sell credit protection using CDS?
No, NBFCs are only permitted to buy credit protection as users to hedge credit risk on corporate bonds they hold. Selling protection or taking short positions is not allowed.
How can NBFCs exit a CDS position?
NBFCs can exit by unwinding the CDS contract with the original counterparty or by assigning it to the buyer of the underlying bond.
What guidelines must NBFCs follow for CDS?
NBFCs must comply with all provisions in the circular, including operational requirements detailed in the annex, and follow capital adequacy guidelines from their regulator.
📜 Read the original circular — full text as issued by RBI
RBI/2011-12/317
DNBS.CC.PD.No.253/03.10.01/2011-12
December 26, 2011
To
All NBFCs(excluding primary dealers)
Dear Sir,
Credit Default Swaps – NBFCs as Users
Please refer to the Guidelines on Credit Default Swaps for Corporate Bonds issued vide Circular No. IDMD.PCD.No.5053/14.03.04/2010-11 dated May 23, 2011 in terms of which broad guidelines including the eligible participants and other requirements were outlined. It was also indicated that market participants will have to follow the capital adequacy guidelines for credit default swaps (CDS) issued by their respective regulators.
2. In this connection, it has been decided that NBFCs shall only participate in CDS market as users. As users, they would be permitted to buy credit protection only to hedge their credit risk on corporate bonds they hold. They are not permitted to sell protection and hence not permitted to enter into short positions in the CDS contracts. However, they are permitted to exit their bought CDS positions by unwinding them with the original counterparty or by assigning them in favour of buyer of the underlying bond.
3. Apart from complying with all the provisions above, NBFCs, as users, shall also be required to ensure that the guidelines detailed in the annex-1 including operational requirements for CDS are fulfilled by them.
Yours sincerely,
(Uma Subramaniam)
Chief General Manager-in-Charge
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2011-12/317 · issued 26 Dec 2011. The plain-English explanation above is BankPulse’s own independent summary.
Example: if you are a Compliance officer at a bank this circular applies to (All NBFCs (excluding primary dealers), Corporate bond issuers, Banks dealing with NBFCs), your first concrete step on “NBFCs Allowed as CDS Users Only” is: “Ensure NBFC clients comply with CDS user-only status and do not sell protection.” (RBI issued this 26 Dec 2011).
Circular: RBI/2011-12/317 -- NBFCs Allowed as CDS Users Only
Issued: 26 Dec 2011
Action required: Ensure NBFC clients comply with CDS user-only status and do not sell protection.
Action required: Verify that NBFCs hold the underlying corporate bonds before buying CDS for hedging.
Action required: Monitor NBFCs' CDS positions to confirm they are not taking short positions.
Action required: Advise NBFCs on proper documentation for unwinding or assigning CDS contracts.
Owner: ____________ Target date: ____________
Board/committee approval needed? Y / N
Evidence filed in compliance register on: ____________
Built only from this circular’s own published fields — not legal advice; always confirm against the official RBI source.
💬 Banker Discussion
Discuss this circular with fellow bankers — reply, upvote what helps, report what doesn’t belong. Be professional; no client data. Views are the commenter’s own, not BankPulse’s.
BankPulse Compliance Evidence Pack — generated 03 Aug 2026 · status cross-checked against RBI’s official withdrawal register (refreshed weekly). Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=6893&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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