Difficulties in acieving aims of WDRA Act2007

All across globe, a well-functioning warehouse receipt financing system based on public warehouses has the potential to reduce risks and transaction costs in collateralised financing, which may result in broad-based access to such financing and low costs. However, for this to be achieved, an enabling legal environment and institutional set-up need to be in place to instil trust in the system among financiers and commodity market participants and to safeguard its integrity. Only when the financial community has a high degree of confidence in the system will it lend against warehouse receipts, and interest rates will be reduced. Core elements of a well-developed warehouse receipt system include:

1 an enabling legal and regulatory framework; 2 a regulatory and supervisory agency; 3 licensed and supervised public warehouses; 4 insurance and financial performance guarantees; 5 banks familiar with the use of warehouse receipts.

Despite the differences among countries and legal traditions, an enabling legal framework should clearly define the following issues and related rules and procedures: i) the warehouse receipt’s legal status as a document of title or pledge; ii) rights and obligations of the depositor and the warehouse operator; iii) perfection of security interests (registration of the warehouse receipt or pledge); iv) protection of the warehouse receipt against fraud, and financial performance guarantees; v) priority for the claims of the holder of the warehouse receipt in case of borrower default or bankruptcy; and vi) clear procedures in case of bankruptcy of the warehouse operator and for the administration of financial performance guarantees.

Warehousing development & regulation Act 2007 was also meant to achieve the same objects, but the Act has not been designed to sync the basic and fundamental principles of commodity market financing as the Act has to achieve the basic goal of guarantee and trust of the warehouse receipt because of no powers to authority (WDRA) and hence teeth-less and which has to depend again on juridical proceedings for taking action against the defaulters. Secondly punitive actions are so harsh that no warehouse service provider will like to opt for registration. The punishments shall be for the regulatory lapses in the mechanism and system.But surprisingly the Act directly jumps into conclusive frauds and losses. It is a common sense that if the detailed mechanism for lapses found in different stages are worked out in the rules and the financial punitive powers are given to the Authority, then definitely a sense of regulatory control will lead to the desired level of collateral trusts in the ecosystem of financial performance guarantee.