| | Announcement | | Measures | | Date | | | |
| | | | | A) Scheduled Commercial Banks |
| | 2000 | | | |
| | | | | | | April | 6 | • | All Indian banks having branches/offices/subsidiaries/joint ventures abroad were advised to | | | | | dispense with RALOO statements from the quarter ended June 2000. Instead DSB(O) quarterly | | | | | reporting system consisting of seven returns was introduced. | | | | | | | | 24 | • | Banks were advised to assign risk-weight of 100 per cent only on those State Government | | | | | guaranteed securities issued by the defaulting entities and not on all the securities issued or | | | | | guaranteed by the concerned State Government. Banks were advised to pay due regard to the | | | | | record of the particular State Government in honouring their guarantees while processing any | | | | | further requests for loans to PSUs in that State on the strength of State Government guarantee. | | | | | | | | | • | No provision need be made for a period of one year in respect of additional credit facilities | | | | | granted to SSI units which are identified as sick and whose accounts are classified as NPA | | | | | where rehabilitation packages/nursing programme have been drawn by the banks themselves | | | | | or under consortium arrangements. | | | | | | | | | • | Banks were advised to make general provision of 0.25 per cent on standard assets on global | | | | | portfolio basis and not on domestic advances alone. The provisions towards standard assets are | | | | | eligible for inclusion in tier II capital. | | | | | | | | | • | It was clarified to banks that effective March 31, 2000 the extra provision needed in the event of | | | | | a depreciation in the value of the investments should be debited to the Profit and Loss Account | | | | | and if required, an equivalent amount may be transferred from the 'Investment Fluctuation | | | | | Reserve Account' to the Profit and Loss Account as a below the line item after determining the | | | | | profit for the year. | | | | | | | | | • | Lending by banks to NBFCs for on-lending to agriculture reckoned as priority sector lending. | | | | | | | | 27 | • | A move towards risk-based supervision (RBS) of banks announced. The risk-based supervision | | | | | approach entails the supervision of banks by allocating supervisory resources and focusing | | | | | supervisory attention according to the risk profile of each bank. | | | | | | | | | • | Banks were advised that micro-credit extended by them to individual borrowers either directly | | | | | or through any intermediary would be reckoned as part of their priority sector lending. | | | | | | | | | • | With regard to deposit insurance, the Reserve Bank announced that a new law in supercession | | | | | of the existing enactment is required to be enacted to implement the recommendations of the | | | | | Advisory Group on Reforms in Deposit Insurance in India and the task of preparation of the new | | | | | draft law has been taken up. | | | | | | | May | 3 | • | On prudential considerations and in line with international standards, banks were advised that | | | | | they may voluntarily build-in the risk-weighted components of their subsidiaries into their own | | | | | balance sheet on notional basis, at par with the risk-weights applicable to the bank's own assets. | | | | | Banks were further advised to earmark additional capital in their books over a period of time so | | | | | as to obviate the possibility of impairment to their net worth when switchover to unified balance | | | | | sheet for the group as a whole is adopted after some time. The additional capital required is to | | | | | be provided in the bank's books in phases, beginning from the year ending March 2001. | | | | | | | | | • | Banks were advised to make the necessary in-house arrangement for gathering and collection of | | | | | credit and other information in one place for transmitting it to the Credit Information Bureau, | | | | | as and when it is established. | | | | | | | | 5 | • | Taking into consideration the difficulties expressed by some of the banks, it was decided that, | | | | | details of the maturity pattern of deposits and borrowings, loans and advances and investments, | | | | | may be disclosed as additional information in the 'Notes on Accounts' to the Balance sheet for | | | | | the year ending March 2001 and not end-March 2000 as originally stipulated. However, the | | | | | information should be disclosed in the Director's Report. | | | | | | | | 12 | • | Banks were permitted to rediscount bills discounted by NBFCs arising from sale of two wheeler | | | | | and three wheeler vehicles subject to the conditions that the bills were to have been drawn by | | | | | the manufacturers on dealers only. | | | | | | | | 26 | • | The exemption granted to RRBs from the practice of marking to market norms in respect of SLR | | | | | securities was further extended to another two financial years, viz., 2000-01 and 2001-02. | | | | | | | | 28 | • | RRBs having minimum working capital of Rs.25 crore and satisfying other criteria were authorised | | | | | to open/maintain NRE accounts in rupees. | | | | | | | June | 12 | • | Banks were advised to review urgently the pendency of all suit filed cases relating to NPAs and | | | | | convey to the functionaries at all levels, the need for close monitoring of suit filed and decreed | | | | | cases on an ongoing basis. | | | | | | | July | 14 | • | Banks were advised to bring into force the 'Revised calendar of Reviews' (based on the | | | | | recommendations of the Working Group appointed for the purpose) with effect from August 1, 2000. | | | | | | | | 20 | • | The issue of repatriation of the proceeds of GDRs/ADRs issued by banks was reviewed and | | | | | banks were advised to repatriate the entire proceeds of GDRs/ADRs soon after the issue process | | | | | is completed. This provision would also be applicable to direct investments in banks made by | | | | | NRIs/OCBs, foreign banking companies or finance companies, including multilateral institutions. | | | | | | | | 27 | • | Modified guidelines were issued to the public sector banks in order to provide a simplified non- | | | | | discretionary and non-discriminatory mechanism for recovery of stock of NPAs. These guidelines | | | | | cover NPAs in all sectors up to Rs. 5 crore but do not cover cases of wilful default, fraud and | | | | | malfeasance. All NPAs categorised as doubtful or loss assets as at end-March 1997 as well as | | | | | sub-standard assets as on that date which have become doubtful subsequently will also be | | | | | covered. The amount of settlement arrived at should be paid within one year together with | | | | | interest at the existing PLR from date of settlement up to the date of final payment. The guidelines | | | | | would be operative up to end-March 2001. The Board of Directors of the banks were also advised | | | | | that they could evolve detailed policy guidelines regarding one time settlement of NPAs over | | | | | Rs.5 crore covering the computation formula, realisable amount, cut-off date and payment | | | | | conditions, etc. as part of its loan recovery policy and decide individual cases in accordance | | | | | with such policy. | | | | | | | August | 7 | • | Banks were advised to (i) assign 100 per cent risk-weight to all types of loans and advances | | | | | granted to the bank's own staff; and (ii) to show these loans under 'Other Assets' in Schedule 11 | | | | | of the Balance Sheet with a suitable foot note. | | | | | | | | 9 | • | Insurance business was not permitted to be undertaken departmentally by the banks. Any bank | | | | | intending to undertake insurance as per the guidelines should obtain prior approval of Reserve | | | | | Bank before engaging in such business. | | | | | | | | 14 | • | It was decided to scale down the balances in EEFC accounts to 50 per cent of the amount held | | | | | on August 11, 2000. Accordingly, banks were permitted to credit i) 35 per cent of the inward | | | | | remittances in the EEFC accounts of export oriented units, units in Export Processing Zone, | | | | | Software Technology Park or Electronic Hardware Technology Park; and ii) 25 per cent of inward | | | | | remittances in respect of others. Further, future accretions would be permitted only up to 50 | | | | | per cent of the currently eligible amount. Accretions should be maintained in liquid form as | | | | | current/ savings accounts. Besides, credit facilities available against such accounts would be | | | | | held in abeyance. | | | | | | | | 29 | • | It was clarified that rupee subordinated debts raised by banks as tier II capital, will not be | | | | | considered for inclusion in capital funds for the purpose of determining the exposure ceiling to | | | | | individual/group borrowers. | | | | | | | October | 4 | • | It was decided that tyre re-treading activity (through hot-cold process) and coffee curing / | | | | | processing shall be treated as an industrial activity registrable as small scale industries. | | | | | | | | 5 | • | The Reserve Bank issued guidelines for sanction of working capital finance to Information | | | | | Technology (IT) and Software Industry. | | | | | | | | 8 | • | The concept of 'Past Due' was dispensed with effective from March 31, 2001. Accordingly as | | | | | from that date, a NPA shall be an advance where: interest and /or instalment of principal | | | | | remain overdue for a period of more than 180 days in respect of a Term Loan; (ii) the account | | | | | remains 'Out of order' for a period of more than 180 days, in respect of an Overdraft/Cash | | | | | Credit (OD/CC); (iii)the bill remains overdue for a period of more than 180 days, in the case of | | | | | bills purchased and discounted; (iv) interest and/or instalment of principal remains overdue for | | | | | two harvest seasons but not exceeding two half years in the case of an advance granted for | | | | | agricultural purposes; and (v) any amount to be received remains overdue for a period of more | | | | | than 180 days in respect of other accounts. | | | | | | | | 10 | • | General provision on standard assets was allowed to be included in tier II capital. | | | | | | | | | • | In order to bring more transparency to the balance sheets of public sector banks and as a | | | | | further step towards consolidated supervision and to provide additional disclosures, it was decided | | | | | that public sector banks should annex the balance sheet, Profit and Loss Account, Report of the | | | | | Board of Directors and the Report of the Auditors in respect of each of their subsidiaries to their | | | | | balance sheet beginning from the year ending March 31, 2001. | | | | | | | | | • | The concept of ';past due'; (grace period of 30 days) which was incorporated into the two quarter | | | | | delinquency norm on income recognition, asset classification and provisioning introduced in | | | | | April 1992, would be dispensed with, effective March 31, 2001. | | | | | | | | | • | After a review of current practices regarding credit exposure limits vis-à-vis international best | | | | | practices, it was decided to prepare a detailed Discussion Paper on the subject which was expected | | | | | to be finalised by December 2000. Based on the comments and suggestions on the issues, and | | | | | followed by an interaction with banks, the Reserve Bank would take a final view on the approach | | | | | that should be adopted with a view to making it effective from end-March 2002. | | | | | | | | | • | On a review of the August 14, 2000 measure relating to EEFC accounts, it was decided to | | | | | restore fully the earlier entitlement of i) 70 per cent of the inward remittances in the EEFC | | | | | accounts of export oriented units, units in Export Processing Zone, Software Technology Park or | | | | | Electronic Hardware Technology Park; and ii) 50 per cent of inward remittances in respect of | | | | | others. | | | | | | | | | • | To provide further operational autonomy, banks were given freedom to decide on charging penal | | | | | interest to borrowers and may formulate transparent policy for the same with the approval of | | | | | their Boards. | | | | | | | | | • | On a review of market conditions and with a view to providing flexibility to banks in prescribing | | | | | margins, the prescription of minimum margin of 15 per cent under selective credit control on | | | | | free sale sugar was withdrawn. Margins on free sale sugar would be decided by the banks based | | | | | on their commercial judgement. | | | | | | | | | • | Public sector banks were advised to set monthly targets for issue of Kisan Credit Card to farmer | | | | | borrowers within the yearly target fixed for the bank and draw action plan for achieving the | | | | | overall target. | | | | | | | | | • | Restrictions on transferability period of CDs issued by banks were withdrawn. | | | | | | | | 16 | • | The Reserve Bank circulated the revised guidelines relating to categorisation and valuation | | | | | of banks' investment portfolio. The guidelines were effective from the half year ended | | | | | September 30, 2000. | | | | | | | | | • | As regards the flow of credit to SSI sector, in the light of the decision of the Group of Ministers, | | | | | the Reserve Bank advised banks to take the following measures, (i) Banks may, while sanctioning/ | | | | | renewing credit limits to their large corporate borrowers (i.e., borrowers who enjoy working | | | | | capital limits of Rs.10 crore and above from the banking system), fix separate sub-limits, within | | | | | the overall limits, specifically for meeting payment obligations in respect of purchases from | | | | | SSIs either on cash basis or bill basis, (ii) the size of such sub-limits, may be decided by banks | | | | | taking into account the projected purchases by corporate borrowers from the SSls during a year | | | | | in relation to their total purchase and other relevant factors, (iii) ensuring that sale proceeds/ | | | | | other receipts of the borrower are credited to this account on a pro rata basis. | | | | | | | | | • | The categories of bank credit for imports exempted from the levy of interest rate surcharge are: | | | | | | | | | | (i) Export packing credit provided at concessive rate of interest to meet the cost of imported | | | | | inputs; (ii) Import of capital goods by bonafide borrower-importers under valid Licences issued | | | | | under the Export Promotion Capital Goods Scheme (EPCG Scheme); (iii) all bonafide imports | | | | | including import of capital goods by Export-Oriented Units (EOUs) and units in the Export | | | | | Processing Zones (EPZs); (iv) all bonafide imports under Advance Licences granted for import of | | | | | ';Inputs'; such as raw materials, intermediates, components, etc., by either the original holder | | | | | or a transferee (if transferred under an endorsement of the Directorate General of Foreign Trade | | | | | enabling such transfer); (v) all bonafide imports against the credit under the Duty Entitlement | | | | | Pass Book (DEPB) Scheme contained in the EXIM Policy 1997-2002; (vi) Bulk Imports in respect | | | | | of crude oil, petroleum products, fertilizers, edible oils and other essential commodities imported | | | | | through Government Agencies; (vii) import of crude oil by private and joint sector refineries for | | | | | actual use in their own refineries, (viii) All bonafide imports under duty free replenishment | | | | | certificate (DFRC) scheme, GEM Replenishment License and Diamond Imprest -License; and | | | | | (ix) All bonafide imports including import of capital goods by units under Electronic Hardware | | | | | Technology Park (EHTP), Software Hardware Technology Park (STP) and special Economic Zone | | | | | (SEZ) schemes. | | | | | | | November | 9 | • | A series of preventive measures were suggested by Reserve Bank to prevent frauds: (i) While | | | | | opening deposit accounts, banks are required to obtain from customers their photograph and | | | | | an introduction from an existing customer; (ii) Banks were advised to observe safeguards while | | | | | issuing Letters of Credit (LCs) to their customers enjoying credit facilities; and (iii) banks must | | | | | lay out clear instructions for their branch staff in respect of loan accounts where such non- | | | | | funded facilities have become funded. | | | | | | | | 10 | • | As recommended by the RBI-SEBI Technical Committee it was decided that within the overall | | | | | exposure to sensitive sectors, a bank's exposure to capital market by way of investments in | | | | | shares, convertible debentures and units of mutual funds (other than debts funds) through | | | | | primary or secondary markets should not exceed 5 per cent of the bank's total outstanding | | | | | domestic credit (excluding inter-bank lendings and advances outside India) as on March 31 of | | | | | the previous year. | | | | | | | | 20 | • | It was decided that no provision need be made for a period of one year in respect of additional | | | | | credit facilities granted to SSI units which are identified as sick, and where rehabilitation | | | | | packages/nursing programmes have been drawn by the banks themselves or under consortium | | | | | arrangements. | | | | | | | | 23 | • | The existing practice of banks submitting credit proposals above Rs. 1 crore to the Reserve | | | | | Bank for its prior approval under selective credit control has been discontinued. Banks have | | | | | freedom to sanction such credit proposals in terms of their individual loan policies. | | | | | | | December | 11 | • | It was decided that loans to the software industry having credit limit upto Rs. one crore from the | | | | | banking system, will be eligible for inclusion under priority sector. However, small loans given | | | | | to software professionals etc. upto Rs.5 lakh will continue to be covered and reported under the | | | | | existing category of ';loans to professionals and self-employed';. Other advances to software | | | | | industry may be reported under a separate head ';Software Industry'; in the annual statements | | | | | of priority sector advances. |
|
| 2001 | | | |
| | | | | | | January | 3 | • | The guidelines for licensing of new banks in the private sector were revised indicating that: (i) | | | | | initial minimum paid-up capital for the new bank shall be Rs.200 crore, to be raised to Rs.300 | | | | | crore within 3 years of commencement of business, (ii) the promoter's contribution shall be a | | | | | minimum of 40 per cent of the paid-up capital of the bank at any point of time, (iii) while | | | | | augmenting the capital base to Rs.300 crore, the promoters will have to bring in additional | | | | | capital, which would be at least 40 per cent of the fresh capital raised, (iv) NRI participation in | | | | | the primary equity of a new bank shall be to a maximum extent of 40 per cent, (v) the new bank | | | | | should not be promoted by a large industrial house. However, individual companies, directly or | | | | | indirectly connected with large industrial houses may be permitted to participate in the equity | | | | | of a new private sector bank upto a maximum of 10 per cent but will not have controlling | | | | | interest in the bank, (vi) the proposed bank shall maintain arms length relationship with business | | | | | entities in the promoter group and the individual companies investing upto 10 per cent of the | | | | | equity as stipulated above. | | | | | | | | 6 | • | Interest-rate surcharge of 50 per cent on bank finance was withdrawn. | | | | | | | | 18 | • | It was decided to consider the amounts held under the head ';Building Fund'; also as eligible to | | | | | be treated as part of free reserves, to be taken into account for calculating ';Capital Funds'; for | | | | | the purpose of determining exposure norms by urban co-operative banks. | | | | | | | | 29 | • | With regard to payment of balances in the accounts of the deceased customers to survivors/ | | | | | claimants, it was clarified that banks may call for succession certificate from legal heirs of | | | | | deceased depositors if there are disputes and all legal heirs do not join in indemnifying the bank | | | | | or in certain other exceptional cases where the bank has a reasonable doubt about the | | | | | genuineness of the claimant/s being the legal heir/s of the depositor. | | | | | | | February | 2 | • | The Reserve Bank advised banks about the exemption granted by the Ministry of Home Affairs | | | | | to all associations from provision of Foreign Contribution (Regulation) Act, 1976 to accept foreign | | | | | contributions, in cash or kind, to provide relief to earthquake victims without obtaining a formal | | | | | approval of the Central Government. | | | | | | | | 6 | • | In order to provide relief to the exporters, affected by earthquake of 2001 it was decided to | | | | | extend the following concessions: | | | | | | | | | | i) Extension of pre-shipment credit | | | | | | | | | | In cases where shipment is likely to be delayed beyond the specified time due to the calamity, | | | | | banks may, after satisfying themselves of the genuineness of the case, extend upto 180 days, | | | | | pre-shipment credit granted for periods less than 180 days (based on the production cycle), at | | | | | the interest rate applicable for the period upto 180 days (10 per cent per annum) and for period | | | | | beyond 180 days and upto 360 days, banks may charge concessional rate applicable for the | | | | | period beyond 180 days and upto 270 days (13 per cent per annum). Extension of credit beyond | | | | | 360 days may also be considered, where necessary, on the basis of bank's commercial judgement | | | | | and discretion at the rate applicable for ';ECNOS-Pre-shipment'; and with the approval of the | | | | | bank's Board. | | | | | | | | | | In case where the pre-shipment credit has been granted in foreign currency, extension beyond | | | | | 180 days may be allowed as per the actual cost of roll-over instead of applying 2 per cent over | | | | | the rate charged for the period upto 180 days as per extant instructions. | | | | | | | | | | (ii) Conversion of dues into short-term loans | | | | | | | | | | Banks may convert the overdue pre-shipment credit, wherever considered necessary, into a | | | | | short-term loan repayable within a reasonable period of time after taking into account the | | | | | settlement of ECGC claim, if any, in respect of guarantees taken by the bank. Penal interest | | | | | which is now required to be decided by the banks should not be charged from the date of | | | | | advance in case of non-shipment in such cases. | | | | | | | | | | (iii) Application of asset classification norm | | | | | | | | | | Banks need not classify as NPA the pre-shipment credit granted to exporters if period of credit | | | | | has been extended in terms of paragraph (i) above or where the pre-shipment credit has been | | | | | converted into short-term loan in terms of paragraph (ii) above. The advances will be treated as | | | | | NPA if the interest and/or instalment of principal remains unpaid for 180 days after it has | | | | | become overdue taking into account the revised due dates fixed by the banks after extension of | | | | | the period or conversion of the pre-shipment credit, as the case may be. | | | | | | | | 28 | • | Banks were advised to assign 20 per cent risk-weight on all loans and advances to staff which | | | | | were fully covered by superannuation benefits and mortgage of flat/house and classify under | | | | | 'Advances' in Schedule 9 of the balance sheet all interest bearing loans and advances granted to | | | | | their staff. However, all non-interest bearing loans and advances to their own staff was to be | | | | | included in ';Others'; under ';Other Assets'; in Schedule 11 of the balance sheet. | | | | | | | March | 2 | • | The Reserve Bank of India granted 'in principle' approval to four entities (1) Bank of America | | | | | Securities (India) Pvt. Ltd. 2) Bank of Baroda (subsidiary to be established) 3) HSBC Primary | | | | | Dealership (India) Pvt. Ltd. 4) Standard Chartered - UTI securities India Pvt. Ltd. to be accredited | | | | | as Primary Dealers in the Government Securities Market. | | | | | | | | | • | With regard to the provision of credit to SSI sector, in line with the recommendations of the Nayak | | | | | Committee, banks were advised to make further improvements towards: (a) delegation of adequate | | | | | discretionary powers to branch officials for sanction of credit facilities, (b) issuing acknowledgements | | | | | of loan proposals received, (c) providing technical expertise in branches, (d) providing credit to tiny | | | | | sector, (e) maintenance of loan application registers in a comprehensive manner, (f) referring proposals | | | | | liable for rejection/curtailment in the amount of finance to the next higher authority. | | | | | | | | 3 | • | Banks were advised to prepare action plan for issuing Kisan Credit Cards to all eligible borrowers | | | | | in agricultural sector within next three years and to inform the Reserve Bank if targets are | | | | | changed in future. | | | | | | | | 22 | • | To keep a special watch on receipt and utilisation of foreign contribution received for providing | | | | | relief to the earthquake victims in Gujarat, commercial banks were directed to furnish a monthly | | | | | report of receipt of foreign contributions by Associations/Organisations in India under Foreign | | | | | Contribution (Regulation) Act, 1976. | | | | | | | | | • | It was clarified that all deposits placed with NABARD/SIDBI in lieu of shortfall in advances to | | | | | priority sector vis-à-vis the prescribed target would attract 100 per cent risk-weight, since these | | | | | deposits are in lieu of shortfall in assets which carry 100 per cent risk-weight. | | | | | | | | 28 | • | Public sector banks were instructed to (a) annex only the annual accounts and auditors' report | | | | | of the subsidiaries to its balance sheet, (b) make available the Directors' report in respect of the | | | | | subsidiaries on the website of parent bank, (c) continue the above procedure till the bank switches | | | | | over to the consolidated balance-sheet system. The accounting year of banking subsidiaries | | | | | should be coterminous with the parent bank and hence date of the annual accounts of | | | | | subsidiaries, annexed to the parent's balance sheet, should coincide with date of annual accounts | | | | | of parent bank. For subsidiaries having accounting year different from the parent bank, the | | | | | annual accounts annexed should not relate to a date earlier than six months prior to the date of | | | | | the annual accounts of the parent bank. | | | | | | | | 30 | • | The classification and provisioning norms for restructured accounts in the standard and sub- | | | | | standard category were reviewed and it was decided that on rescheduling, they could continue | | | | | to be classified as standard and sub-standard, respectively, if the asset is fully secured and the | | | | | sacrifice, if any in interest, is either written off or fully provided for. | | | | | | | April | 10 | • | The operation of the guidelines for a simplified, non-discriminatory and non-discretionary | | | | | mechanism for settlement of dues relating to NPAs with outstandings upto Rs.5 crore was | | | | | extended upto June 30, 2001. | | | | | | | | 19 | • | Banks allowed to offer loans or credit limits over Rs. 2 lakh at below-PLR interest rates to | | | | | exporters or other credit-worthy borrowers including public enterprises on the lines of a | | | | | transparent and objective policy approved by their respective boards. However, PLR would serve | | | | | as ceiling interest rates for loans up to Rs. 2 lakh. | | | | | | | | | • | Banks were permitted to formulate fixed deposit schemes specifically for senior citizens offering | | | | | higher and fixed rates of interest as compared to normal deposits of any size. | | | | | | | | | • | To facilitate better ALM, banks were given freedom to exercise discretion to disallow premature | | | | | withdrawal of large deposits held by entities other than individuals and Hindu Undivided Families, | | | | | subject to informing the depositors in advance. The period of renewal of overdue term deposits | | | | | at interest rate prevailing on date of maturity was made 14 days while for overdue period exceeding | | | | | 14 days banks were allowed to prescribe their own interest rate. | | | | | | | | | • | In order to move towards international best practices and impart greater transparency, it was | | | | | decided to introduce classification of loans as non-performing when interest and/or instalment | | | | | of principal remain overdue for a period of more than 90 days from the year ending March 31, | | | | | 2004. Banks were advised to make additional provisions from the year ending March 31, 2002 | | | | | to facilitate smooth transition. | | | | | | | | | • | Effective from the year 2001-02, audit firms recommended by private sector banks for | | | | | appointment as Statutory Central Auditors (SCAs) have to satisfy certain minimum standards | | | | | like minimum number of full time partners, number of chartered accountants exclusively | | | | | associated, number of professional audit staff, etc. | | | | | | | | | • | The Reserve Bank announced a reduction in exposure limit for single borrower from the existing | | | | | 20.0 per cent to 15.0 per cent, effective from March 31, 2002; group exposure limit to 40.0 per | | | | | cent from the existing 50.0 per cent of capital funds, effective from March 31, 2002; for financing | | | | | infrastructure projects, the limit is extendable by another 10.0 per cent, i.e. upto 50.0 per cent. | | | | | | | | | • | Banks were advised to incorporate a condition in the loan agreement for obtaining consent of | | | | | borrowers to disclose their names if they become defaulters. | | | | | | | | | • | For greater transparency in the operation of borrowal accounts, banks were advised for bi- | | | | | annual circulation of defaulters list of Rs. 1 crore and above in the doubtful or loss category. | | | | | | | | | • | In pursuance of the Union Budget announcement, measures were taken to commence operations | | | | | of the Clearing Corporation, by June 2001, with State Bank of India as chief promoter and five | | | | | other banks and FIs to facilitate clearing and settlement of money, government securities and | | | | | foreign exchange transactions. | | | | | | | | | • | It was decided to introduce an electronic Negotiated Dealing System (NDS) by June 2001 to | | | | | facilitate transparent electronic bidding in auctions and secondary market transactions on a | | | | | real time basis. | | | | | | | | | • | It was proposed while the current eligibility criteria for accredition as a SD would continue, | | | | | the existing liquidity support from RBI will be discontinued. | | | | | | | | | • | With effect from June 30, 2001, banks, FIs, PDs and SDs directed to make fresh investments | | | | | and hold CP only in demateralised form. Outstanding investments in scrip form in the books | | | | | of these institutions should also be converted into dematerialised form by October 31, 2001. | | | | | | | | 20 | • | HSBC Primary Dealership India Private Limited granted final approval to operate as a PD in | | | | | government securities market, thereby increasing the number of PDs to sixteen. | | | | | | | May | 2 | • | Considering that higher loan loss provisioning adds to the overall financial strength of the banks | | | | | and stability of the financial sector, banks were urged to voluntarily set apart provisions much | | | | | above the minimum prudential levels as a desirable practice | | | | | | | | | • | Banks and Fls advised that all cases of willful defaults of Rs. 100 crore and above should be | | | | | reviewed and suits filed, if not done earlier. If in such cases of willful defaults, there are instances | | | | | of cheating or fraud by the defaulting borrowers, banks should also file criminal cases. | | | | | | | | | • | Guidelines were issued for compromise settlement of dues of banks and financial institutions | | | | | through Lok Adalats. | | | | | | | | 11 | • | Revised guidelines were issued on Bank Financing of Equities and Investments in Shares; (i) for | | | | | making direct investment in shares/debentures etc. at bank's own risk; (ii) for making loans and | | | | | advances to individuals and sharebroking entities for making investment in capital markets on own | | | | | account. Here,the investment risk is that of the individual or stock-broking entities. Loans/advances by | | | | | banks are normally fixed in value and carry stipulated interest rate, and risk to banks could arise on | | | | | account of inadequacy of margining or the inability of borrowers to meet their repayment/interest | | | | | obligations to banks because of volatility in share prices or other related reasons, and (iii) | | | | | shares/debentures may be assigned to banks by individuals and corporates as collateral and additional | | | | | security for certain approved purposes which do not involve stockbroking or investment in capital market. | | | | | | | | | • | The ceiling of 5 per cent prescribed for investment in shares will henceforth apply to total | | | | | exposure including both fund based and non-fund based, to capital market by a bank in all | | | | | form. The ceiling will cover: direct investment by a bank in equity shares, convertible bonds and | | | | | debentures and units of equity oriented mutual funds; advances against shares to individuals | | | | | for investment in equity shares (including IPOs), bonds and debentures, units of equity-oriented | | | | | mutual funds etc; secured and unsecured advances to stockbrokers and guarantees issued on | | | | | behalf of stockbrokers and market makers. | | | | | | | | 14 | • | Guidelines issued for bank financing of film production. | | | | | | | June | 7 | • | Guidelines were issued in respect of investment in non-SLR securities regarding the due | | | | | diligence to be undertaken, the disclosures to be obtained, and the credit risk analysis to be | | | | | made in regard to privately placed investments especially for unrated instruments. | | | | | | | | 14 | • | With a view to reduce divergences in assessment of NPAs by banks, statutory auditors and | | | | | RBI Inspectors, user friendly guidelines defining and clarifying certain related issues in | | | | | question-answer format were issued. | | | | • | The guidelines on internet banking were released. | | | | | | | August | 23 | • | Based on extensive discussions that the Government of India and Reserve Bank had with | | | | | banks and financial institutions, the scheme of Corporate Debt Restructuring (CDR) was | | | | | finalised. The objective of the CDR framework is to ensure a timely and transparent mechanism | | | | | for restructuring of the corporate debts of viable corporate entities affected by internal or | | | | | external factors, outside the purview of BIFR, DRT and other legal proceedings, for the benefit | | | | | of all concerned. CDR will apply only to multiple banking accounts/syndicates/consortium | | | | | accounts with outstanding exposure of Rs. 20 crore and above with the banks and financial | | | | | institutions. | | | | | | | September | 22 | • | Based on the recommendations of the RBI-SEBI Technical Committee, on an experimental | | | | | basis it was decided to permit banks to extend finance to stockbrokers for margin trading | | | | | within the overall ceiling of 5 per cent prescribed for exposure of banks to capital market | | | | | subject to certain conditions. These guidelines will be valid for a period of 60 days (i.e. upto | | | | | November 22, 2001) and will be reviewed in the light of actual experience. | | | | | | | | 24 | • | A special financial package was drawn in consultation with the Government of India, for large | | | | | value exports of select products, which are internationally competitive and have high value | | | | | addition. The products eligible for export under special financial package are: (a) | | | | | pharmaceuticals (including drugs, fine chemicals), (b) agro-chemicals (including inorganic and | | | | | organic chemicals), (c) transport equipment (including commercial vehicles, two and three | | | | | wheelers, tractors, railway wagons, locomotives), (d) cement (including glass, glassware, | | | | | ceramics and refractories), (e) iron and steel (including iron & steel bars/rods and primary | | | | | and semi-finished iron & steel), (f) electrical machinery (including transmission line towers, | | | | | switch gear, transformers). | | | | | | | | 26 | • | A reduction in the ceiling rate for export credit by 1.0 percentage point across the board for | | | | | period upto March 31, 2002 was announced. Accordingly, the maximum rate that the bank | | | | | would charge to exporters was revised to 2.5 percentage points below its PLR for pre-shipment | | | | | credit upto 180 days and for post-shipment credit upto 90 days. | | | | | | | October | 22 | • | It was decided that banks should furnish the following, additional disclosures in the 'Notes | | | | | on Accounts' in their balance sheets, from the year ending March 2002: (i) movement or | | | | | provisions held towards NPAs and (ii) movement of provisions held towards depreciation on | | | | | investments. | | | | | | | | 25 | • | Banks were given the freedom to change the composition of working capital by increasing the | | | | | cash credit component beyond 20 per cent, or to increase the 'loan component' beyond 80 per | | | | | cent, as the case may be, for working capital limits of Rs. 10 crore and above, if they so desire. | | | | | Banks are expected to appropriately price each of the two components of working capital | | | | | finance, taking into account the impact of such decisions on their cash and liquidity | | | | | management. | | | | | |
| B) Co-operative Banks |
| | 2000 | | | |
| | August | 30 | • | Based on the recommendations of the High Power Committee, revised licensing policy for | | | | | setting up of new UCBs was announced. The thrust of the revised policy is on strong start-up | | | | | capital and corporate governance. Accordingly, Entry Point Norms were enhanced significantly | | | | | based on population criteria. To improve corporate governance, a thorough screening of | | | | | credentials of promoters is required to be carried out. Also, there should at all times be at | | | | | least two directors with suitable banking experience or persons with relevant professional | | | | | qualification on the Boards of Management. The promoters should not be defaulters to any | | | | | financial institutions or banks and should also not have any association with chit fund/NBFC/ | | | | | co-operative banks or commercial banks in the capacity of directors on the Board. |
|
| 2001 | | | |
| | | | | | | April | 19 | • | The interim prudential measures for UCBs proposed to provide greater security to depositors | | | | | and members included stopping of direct or indirect lending by UCBs to individuals or corporates | | | | | against security of shares with immediate effect, unwinding of existing lending to stock brokers | | | | | or direct investment in shares, limiting of their borrowings from call money market up to 2.0 | | | | | per cent of their aggregate deposits as at end-March in the previous financial year, no permission | | | | | for increase in their term deposits in other UCBs and unwinding of existing term deposits by | | | | | June 2002, increases in their SLR holdings in government and other approved securities as | | | | | per cent of NDTL by March 2002 from 15 to 20 per cent for scheduled UCBs; from 10 to 15 per | | | | | cent for non-scheduled UCBs with deposit base of Rs. 25 crore and above and from zero to | | | | | 10.0 per cent in case of other non-scheduled UCBs, maintenance of the entire SLR of 25 per | | | | | cent of NDTL for scheduled UCB only in government and other approved securities with effect | | | | | from April 1, 2003 and maintenance of investment in Government securities of scheduled as | | | | | well as non-scheduled UCBs only in SGL accounts with Reserve Bank or in constituent SGL | | | | | Accounts of public sector banks and PDs. | | | | | | | | | • | Reserve Bank proposed a new apex supervisory body, which can take over the entire inspection/ | | | | | supervisory functions in relation to scheduled and non-scheduled UCBs. This apex body could | | | | | be under the control of a separate high level supervisory board consisting of representatives of | | | | | Central Government, State Governments, Reserve Bank as well as experts and it may be given | | | | | the responsibility of inspection/and supervision of UCBs and ensuring their conformity with | | | | | prudential, capital adequacy and risk management norms laid down by the Reserve Bank. | | | | | | | | 25 | • | Pursuant to High Power Committee's recommendation, Capital to Risk-weighted Assets Ratio | | | | | (CRAR) has been made applicable to UCBs in a phased manner. Over a period of three years, | | | | | UCBs should fall in line with the discipline applicable to commercial banks. | | | | | | | | 26 | • | Branch Licensing Policy for licensed UCBs was revised. UCBs which are not classified as | | | | | weak/sick may apply for allotment of centres to the Reserve Bank, provided they satisfy the | | | | | criteria in terms of CRAR, profitability, NPAs, fulfillment of priority sector advance targets and | | | | | compliance with B.R. Act 1949 (AACS) and Reserve Bank of India Act, 1934 and the instructions/ | | | | | directions issued by the Reserve Bank from time to time. They should also maintain requisite | | | | | level of CRR and SLR and also ensure timely submission of statutory and other returns. | | | | | | | October | 22 | • | In response to representations received from UCBs and their federations, it was proposed to | | | | | allow UCBs to grant loans to individuals against security of shares, subject to certain | | | | | parameters. | | | | | | | | | • | In response to representations received from UCBs and their federations, it was proposed to | | | | | modify the timeframe for achieving the prescribed levels of SLR holding by UCBs. | | | | | | | | | • | It was clarified that scheduled UCBs are required to achieve capital adequacy norms gradually | | | | | by March 2004 and the non-scheduled UCBs by March 2005. | | | | | |
| C) Financial Institutions |
| | 2000 | | | |
| | May | 5 | • | It was clarified that in regard to the treatment of accounting of provision on Standard Assets, (i) | | | | | the provision for Standard Asset need not be netted from gross advances, but shown separately | | | | | as 'Contingent Provisions against Standard Assets' under 'Other Liabilities and Provisions' in | | | | | the balance sheet, (ii) the above provisions would not be eligible for inclusion in tier II capital | | | | | and (iii) provision for standard assets should not be reckoned for arriving at net NPAs. | | | | | | | | 25 | • | It was clarified that the interest rate surcharge of 50 per cent of the actual lending rate on credit | | | | | for imports, which was reintroduced as a temporary measure, with effect from May 26, 2000, | | | | | would not be applicable to the following categories of credit for imports: (i) Export Packing | | | | | Credit provided at concessive rate to meet the cost of imported inputs, (ii) import of capital | | | | | goods by bonafide borrowers-importers under valid licences issued under the Export Promotion | | | | | Capital Goods Scheme, (iii) all bonafide imports including import of capital goods by Export- | | | | | Oriented Units and units in the Export Processing Zones, (iv) all bonafide imports under Advance | | | | | Licenses granted for ';Inputs'; such as raw materials, intermediaries, components, etc., by either | | | | | the original holder or a transferee (of transferred under an endorsement of the Directorate | | | | | General of Foreign Trade enabling such transfer), (v) all bonafide imports against the credit | | | | | under the Duty Entitlement Pass Book Scheme contained in the EXIM Policy 1997-2000, (vi) | | | | | bulk imports in respect of crude oil, petroleum products, fertiliser, edible oils and other essential | | | | | commodities imported through Government Agencies, and, (vii) import of crude oil by private | | | | | and joint sector refineries for actual use in their own refineries. | | | | | | | | 30 | • | It was advised that (i) FIs need to assign risk-weight of 100 per cent only on those State Government | | | | | guaranteed securities which are issued by the defaulting entities and not on all the securities issued | | | | | or guaranteed by that State Government, and, (ii) the excess provision towards depreciation on | | | | | investments should be appropriated to ';Investment Fluctuation Reserve Account'; instead of ';Capital | | | | | Reserve Account'; and will be eligible for inclusion in tier II capital and the existing amount of excess | | | | | provision towards depreciation on investments held under ';Capital Reserve Account'; should stand | | | | | transferred to ';Investment Fluctuation Reserve Account';. The amount held under ';Investment | | | | | Fluctuation Reserve Account'; could be utilised to meet, in future, the depreciation requirement on | | | | | investment. | | | | | | | June | 21 | • | It was clarified that FIs need not seek Reserve Bank's, issue-wise prior approval /registration for | | | | | raising of resources by way of bonds (both public issue and private placement) subject to the fulfillment | | | | | of the following conditions: (i) the minimum maturity of the bond should be 3 years, (ii) in respect | | | | | of bonds having call/put options, the same should not be exercisable before the expiry of one year | | | | | from the date of issue of bonds, (iii) the Yield to Maturity (YTM) offered, at the time of issue of bonds, | | | | | should not exceed 200 basis points above the YTM on the Government of India securities of equal | | | | | residual maturities. The effective YTM on instruments having call/put options should also satisfy | | | | | this requirement, (iv) no 'exit' option on the bonds will be offered before the end of one year, from | | | | | the date of issue, (v) the outstandings of total resources mobilised at any point of time by an individual | | | | | FI including funds mobilised under the 'umbrella limit' as prescribed by the Reserve Bank should | | | | | not exceed 10 times its net owned funds (NOF) as per the latest audited balance sheet, (vi) the limit | | | | | for raising resources is only an enabling provision, FIs are advised to arrive at their requirements of | | | | | resources along with maturity structure and the interest rate offered thereon on a realistic basis, | | | | | derived, inter alia, from a sound system of ALM/Risk Management, (vii) in case of floating rate | | | | | bonds, FIs should seek prior approval from Reserve Bank, in regard to 'reference rate' selected and | | | | | the methods of floating rate determination (the same is not required for subsequent individual | | | | | issues as long as the underlying reference rate and methods of floating rate determination remain | | | | | unchanged), (viii) FIs should take note to comply with the prudential requirements of other regulatory | | | | | authorities, such as SEBI, etc., as hitherto, (ix) FIs are required to furnish monthly statements (to | | | | | be submitted on or before the 10th day of the following month) giving details on the resources raised. | | | | | | | July | 20 | • | Considering the fact that Fis, which are raising capital abroad for improving their capital base, | | | | | have largely Rupee-denominated assets and that most of the risk limits are linked to their | | | | | capital, FIs were advised to repatriate the entire proceeds of Global Depository Receipts (GDRs)/ | | | | | American Depository Receipts (ADRs) soon after the issue process has been completed. | | | | | | | | 28 | • | It was advised that the guidelines for recovery of dues relating to non-performing assets (NPAs) | | | | | issued to public sector banks should also be uniformly implemented by Central Public Financial | | | | | Institutions. The revised guidelines cover NPAs relating to all sectors including the small sector. | | | | | | | August | 24 | • | The FIs were informed that the Rule 9 of the draft Ozone Rules 2000 prohibited expansion of | | | | | capacity and establishment of new capacity based on Ozone Depleting Substances (ODS), and it | | | | | was expected that FIs were not extending finance for setting up of units consuming / producing | | | | | the specified ODS. The sectors covered in the phase out programme included, foam products, | | | | | refrigerators and air conditioners, aerosol products, solvents in cleaning applications and fire | | | | | extinguishers. | | | | | | | | 31 | • | The guidelines for Recovery of Dues Relating to NPAs were extended up to September 30, 2001 | | | | | for giving notice to eligible borrowers. | | | | | | | September | 19 | • | As regards advances against shares and debentures, it was advised that (i) whenever the limits | | | | | of advances granted to a borrower against the security of shares/debentures exceed Rs.10 lakh, | | | | | it should be ensured that the said shares/debentures are transferred in the FI's name and (ii) in | | | | | the case of default by the borrower, the FI may invoke the pledge of dematerialised securities (as | | | | | amended by SEBI (Depositories and Participants) Regulations, 1996, to facilitate the pledge of | | | | | such securities) subject to the provisions of the pledge document and on such invocation, the | | | | | depository will register the name of the FI as the beneficial owner of such securities. | | | | | | | October | 10 | • | It was advised that in order to improve the functional efficiency of the market, rating would be | | | | | mandatory for term deposits accepted by AIFIs. | | | | | | | | 11 | • | Due to improvements in the payment and settlement systems, the recovery climate, upgradation | | | | | of technology in the banking system, etc., it was decided to dispense with 'Past Due' concept, | | | | | effective March 31, 2001. Accordingly, it was clarified that a NPA shall be an advance where (a) | | | | | interest remains overdue for a period of more than 180 days and /or instalment of principal | | | | | remains overdue for a period of 365 days or more in respect of a term loan, (ii) the bill remains | | | | | overdue and unpaid for a period of more than 180 days in the case of bills purchased and | | | | | discounted, and (iii) any amount to be received remains overdue for a period of more than 180 | | | | | days in respect of other accounts. | | | | | | | | | • | It was decided to allow financial institutions to include 'General Provisions on Standard Assets' | | | | | in tier II capital. However, the provision on standard assets together with other 'General Provisions | | | | | and Loss Reserves' should not exceed 1.25 per cent of the total risk-weighted assets. | | | | | | | November | 9 | • | The guidelines on classification and valuation of investments by FIs were revised on the basis of | | | | | recommendations of the Informal Group in the Reserve Bank so that they are in consonance | | | | | with the best international practices. The highlights of the revised guidelines are given below: (i) | | | | | the revised guidelines will be effective from the half-year ended March 31, 2001, (ii) FIs are | | | | | required to classify the entire investment portfolio as on March 31, 2001 under three categories, | | | | | viz., 'Held to Maturity', 'Available for Sale' and 'Held for Trading' categories, (iii) the investments | | | | | will be classified as (a) Government securities, (b) other approved securities, (c) shares, (d) | | | | | debentures and bonds, (e) subsidiaries/joint ventures, (f) others (CPs, mutual fund units, etc), | | | | | (iv) the investments under 'Available for Sale' and 'Held for Trading' categories should be marked | | | | | to market as prescribed or at more frequent intervals, (v) the investments under Held to Maturity | | | | | category need not be marked to market, (vi) classification of investments, shifting of investments, | | | | | among the three categories, valuation of the investments, methodology for booking profit/loss | | | | | on sale of investments and providing for depreciation should be in accordance with the guidelines | | | | | of the Reserve Bank and (vii) the risk-weights assigned to the various securities at present | | | | | including those for 'market risk', would remain unchanged. | | | | | | | December | 5 | • | Commercial Paper was added to the list of instruments under the 'umbrella limit' equivalent to | | | | | one time NOF in the amended set of returns regarding raising of resources by all-India FIs. |
|
| 2001 | | | |
| | January | 24 | • | In line with the recommendations of the Informal Advisory Group on Regulation and Supervision | | | | | of FIs, it was decided that (i) the information requirement of the inspection team would be | | | | | advised to the FIs at least one month before the commencement of inspection to ensure better | | | | | time management and efficiency of the examination process, (ii) before the commencement of | | | | | inspection, the management of the FI may be asked to make a presentation to the inspection | | | | | team of the FI's perspective on its own risk exposures, and the manner in which these risks | | | | | were addressed in the past and the future strategy of the FI in this regard and (iii) the inspection | | | | | team should also meet the internal and external auditors to appreciate the scope of their work | | | | | and the results of their audit. On conclusion of the inspection, the Principal Inspecting Officer, | | | | | along with his team members as considered necessary, should meet the Audit Committee as | | | | | also the CEO of the FI to discuss the major findings of the inspection. | | | | | | | February | 7 | • | In the context of transition of the banks and the all-India FIs from a regulated to a deregulated | | | | | regime, informal meetings of the Heads of select banks and the FIs, including the Chairman of | | | | | IBA convened by the Reserve Bank led to the emergence of the following seven issues (i) | | | | | timeframe for sanction of facilities, (ii) asset classification across consortium members, (iii) | | | | | disciplining borrowers-change in management, (iv) levy of charges in the problem accounts, | | | | | (v) group approach to borrowers, (vi) sharing of securities and cash flows, and (vii) treatment | | | | | of restructured accounts for asset classification purpose. Ground Rules were framed for the | | | | | above issues. The Reserve Bank advised FIs to place the minutes indicating the agreed Ground | | | | | Rules before their Board of Directors for adoption and ensure implementation thereof thereafter. | | | | | | | | 10 | • | FIs were advised that the prescription of interest at 25 per cent per annum (minimum) in | | | | | respect of overdue export bills was withdrawn. The revision in the rate of interest would be | | | | | applicable not only to fresh advances but also to the existing advances for the remaining period. | | | | | | | March | 23 | • | FIs were advised to disclose certain important financial ratios/data in their published annual | | | | | accounts with effect from the financial year 2000-01. Such disclosures were to be made as | | | | | part of 'Notes on Accounts' to enable the auditors to authenticate the information, | | | | | notwithstanding the fact that such information might be contained elsewhere in the published | | | | | annual report. These disclosures could be classified into four heads (i) Capital, (ii) Asset Quality | | | | | and Credit Concentration, (iii) Liquidity and (iv) Operating Results. Under (i), the disclosures | | | | | included (a) CRAR, core CRAR and supplementary CRAR, (b) amount of sub-ordinated debt | | | | | raised and outstanding as tier II capital, (c) risk-weighted assets-separately for on- and off- | | | | | balance sheet items and (d) the shareholding pattern as on the date of the balance sheet. | | | | | Under (ii), the disclosures included, (a) percentage of net NPA to net loans and advances, (b) | | | | | amount and percentage of net NPAs under the prescribed asset classification categories, (c) | | | | | amount of provisions made during the year towards standard assets, NPAs, investments (other | | | | | than those in the nature of an advance), income tax, (d) movement in net NPAs, (e) credit | | | | | exposure as percentage of capital funds and as percentage of total assets, in respect of (e1) | | | | | the largest single borrower, (e2) the largest borrower group, (e3) the 10 largest single borrowers | | | | | and (e4) the 10 largest borrower groups and (f) credit exposures to the five largest industrial | | | | | sectors as percentage of total loan assets. Under (iii) the disclosures included, (a) maturity | | | | | pattern of Rupee assets and liabilities and (b) maturity pattern of foreign currency assets and | | | | | liabilities. Under (iv), the disclosures included, (a) interest income as a percentage to average | | | | | working funds, (b) non- interest income as a percentage to average working funds, (c) operating | | | | | profit as a percentage of average working funds, (d) return on average assets and (e) net profit | | | | | per employee. | | | | | | | | | • | In addition, the following disclosures would also need to be made under the RBI guidelines, (a) | | | | | the notional principal of swap agreements, (b) nature and terms of the swaps including | | | | | information on credit and market risk and the accounting policies adopted for recording the | | | | | swaps, (c) quantification of the losses which would be incurred if the counterparties failed to | | | | | fulfil their obligation under the agreements, (d) collateral required by the entity upon entering | | | | | into swaps, (e) any concentration of credit risk arising from the swaps, and (f) the ';fair'; value | | | | | of the total swaps book. | | | | | | | | 28 | • | The Reserve Bank issued revised guidelines in respect of the norms relating to restructuring/ | | | | | rescheduling/renegotiation of loans on the standard and sub-standard loan assets. | | | | | | | April | 18 | • | The period of operations of the guidelines issued in respect of Central Public Financial | | | | | institutions for Recovery of Dues Relating to NPAs was extended finally upto June 30, 2001. | | | | | The FIs were advised that all applications received upto June 30, 2001 should be processed | | | | | and decisions taken thereof at the earliest, but not later than September 30, 2001. | | | | | | | | 26 | • | It was clarified that FIs would treat a credit facility as non-performing if interest and/or | | | | | instalment of principal remain overdue for more than 180 days with effect from the year ending | | | | | March 31, 2002. | | | | | | | | 28 | • | The FIs were advised that for evolving a path for transition of a FI to a universal bank, several | | | | | operational and regulatory issues would need to be addressed. In this context, the Reserve | | | | | Bank briefly enumerated some of the salient ones for information and guidance of the FIs. | | | | | These included, reserve requirements, range of permissible activities, disposal of non-banking | | | | | assets, composition of the Board, prohibition of floating charge on assets, nature of subsidiaries, | | | | | restrictions on investments, connected lending, licensing, branch network, assets in India, | | | | | format of Annual Reports, managerial remuneration, deposit insurance, Authorised Dealer's | | | | | licence, priority sector lending and prudential norms. | | | | | | | May | 2 | • | As a move towards compromise settlement of dues, financial institutions were advised to take | | | | | recourse to the forum of Lok Adalats to settle banking disputes involving smaller amounts | | | | | (upto Rs.5 lakh). | | | | | | | June | 20 | • | FIs were advised that (a) the concept of capital funds as defined under capital adequacy standards | | | | | for determining exposure ceiling for the FI would include both tier I and tier II capital, (b) non- | | | | | fund based exposures would be reckoned at 100 per cent value with effect from April 1, 2003, (c) | | | | | forward contracts in foreign exchange and other derivative products like currency swaps, options, | | | | | etc., will need to be taken at their replacement cost for determining individual/group borrower | | | | | exposure (methodology to be adopted by FIs for arriving at replacement cost of the derivatives to | | | | | be advised separately) and (d) the exposure ceiling in respect of single borrower was reduced | | | | | from 20 per cent to 15 per cent of capital funds, effective March 31, 2002. Similarly, the group | | | | | exposure ceilings were also reduced to 40 per cent of capital funds, effective March 31, 2002. In | | | | | case of financing infrastructure projects, the borrower-group exposure ceiling was extendable | | | | | by another 10 per cent (i.e., upto 50 per cent). | | | | | | | August | 7 | • | A risk-weight of 20 per cent should be assigned to all such loans and advances granted by the FIs to | | | | | their own employees as are covered by superannuation benefits and mortgage of flats/houses. All | | | | | other loans and advances to own employees should, however, be subject to 100 per cent risk-weight. | | | | | | | | 25 | • | A three-tier structure of the Corporate Debt Restructuring (CDR) system, which is a non- | | | | | statutory, voluntary mechanism, based on the debtor-creditor and inter-creditor agreements , | | | | | was envisaged to provide a transparent mechanism for restructuring of corporate debts of | | | | | viable corporate entities affected by internal and external factors, outside the purview of BIFR, | | | | | DRT and other legal proceedings. The CDR system is to be applied only to multiple banking/ | | | | | syndicates/consortium accounts, in the standard and sub-standard category, with outstanding | | | | | exposure of Rs.20 crore and above with the banks and FIs. | | | | | | | | 27 | • | It was clarified that the credit exposure norms are also applicable to refinancing institutions, | | | | | excepting their refinancing portfolio. However, from the prudential perspective, it is expected | | | | | that these institutions evolve their own exposure norms relating to the capital funds/regulatory | | | | | capital of the FI concerned with the approval of their respective Boards. | | | | | | | | 28 | • | As a corollary to the instructions of FIs to make fresh investment and hold CPs only in | | | | | dematerialised form with effect from June 30, 2001 and with a view to extend demat form of | | | | | holding to other investments such as bonds, debentures and equities, it was decided to permit | | | | | the FIs to make fresh investments and hold bonds, debentures, privately placed or otherwise, | | | | | only in dematerialised form with effect from October 31, 2000. Outstanding investments in | | | | | scrip form should also be converted into dematerialised form by June 30, 2002. | | | | | | | | 29 | • | Amended guidelines relating to Asset-Liability Management was issued to FIs covering time- | | | | | buckets for slotting of the off-balance sheet items and treatment of securities in the trading | | | | | book for interest rate sensitivity statement. | | | | | | | October | 16 | • | A clarificatory circular was issued to FIs on classification and valuation of investments, based | | | | | on suggestions/queries received from various Fls. These include definitions of joint-ventures, | | | | | treatment of preference shares, tenor of bonds/debentures deemed to be in the volume of | | | | | advances, frequency of category, transfer of investment, eligible investments for 'held to | | | | | maturity' category, valuation of equity preference shares and ceilings, etc. |
| D) Non-Banking Financial Companies |
| | 2000 | | | |
| | June | 9 | • | The Reserve Bank issued guidelines for entry of NBFCs into insurance business. According to | | | | | the guidelines: | | | | | | | | | | (i) Any NBFC registered with Reserve Bank, having net owned fund of Rs. 2 crore would be | | | | | permitted to undertake insurance business as agent of insurance companies on fee basis, | | | | | without any risk participation. | | | | | | | | | | (ii) All NBFCs registered with Reserve Bank which satisfy the eligibility criteria given below will | | | | | be permitted to set up a joint venture company for undertaking insurance business with | | | | | risk participation subject to safeguards:(a) the owned fund of NBFC should not be less than | | | | | Rs. 500 crore, (b) the CRAR of the NBFC engaged in loan and investment activities holding | | | | | public deposits should not be less than 15 per cent and for other NBFCs at 12 per cent, | | | | | irrespective of their holding public deposits, (c) the level of net non-performing assets should | | | | | not be more than 5 per cent of the total outstanding leased/hire purchase assets and advances | | | | | taken together, (d) the NBFC should have net profit for the last three consecutive years, (e) | | | | | the track record of the performance of the subsidiaries, if any, of the concerned NBFC | | | | | should be satisfactory, and (f) regulatory compliance and servicing of public deposits, if | | | | | held, should be satisfactory. The maximum equity contribution such NBFC can hold in a | | | | | joint venture company will normally be 50 per cent of the paid up capital of the insurance | | | | | company. On a selective basis, the Reserve Bank may permit a higher equity contribution | | | | | by a promoter NBFC initially pending divestment of equity within the prescribed period. | | | | | | | | | | (iii) Registered NBFCs which are not eligible as joint venture participants can make investment | | | | | upto 10 per cent of its owned fund or Rs. 50 crore, whichever is lower, in equity of insurance | | | | | companies subject to fulfilment of conditions viz., (a) CRAR of 15 per cent for loan and | | | | | investment companies and 12 per cent for other companies, (b) net NPAs not more than 5 | | | | | per cent of total outstanding lease / hire purchase assets and advances, and (c) net profit | | | | | for the last three continuous years for entering into any form of insurance business. | | | | | | | | | | (iv) NBFCs desirous of entering into any form of insurance business should obtain prior approval | | | | | of Reserve Bank. | | | | | | | | 30 | • | Provisioning norms in respect of lease and hire purchase assets were rationalised to encourage | | | | | the NBFCs to continue to provide asset creating facilities and lease / HP finance against second | | | | | hand assets. | | | | | | | | | • | The instructions relating to introduction of depositors of NBFCs were rationalised. NBFCs may | | | | | obtain and keep on their records a copy of the passport, ration card, election ID card, identification | | | | | by an existing depositor, etc., as an evidence of identification of new depositors. | | | | | | | | | • | Residuary Non-Banking Companies were permitted to make investment in the schemes of mutual | | | | | funds approved by the Securities and Exchange Board of India along with the schemes of Unit | | | | | Trust of India. The floor ceiling on interest rates payable by these companies was also lowered | | | | | by two percentage points. | | | | | | | | | • | NBFCs were permitted to treat deposits from the relatives of the Directors outside the purview | | | | | of public deposits subject to adequate disclosures in this regard. | | | | | | | | | • | The formats of all the returns prescribed in terms of Directions issued under RBI Act, to be submitted | | | | | by the non-banking financial companies, residuary non-banking companies and chit fund companies | | | | | at quarterly, half-yearly and annual intervals were rationalised with a view to improving reporting of | | | | | supervisory information and facilitating electronic processing of these returns to enable Reserve | | | | | Bank to take expeditious steps to address the concerns, wherever necessary. | | | | | | | October | 10 | • | In terms of guidelines issued by the Reserve Bank, applicability of Non-Banking Financial | | | | | Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 would not be applicable | | | | | to receipt of money by NBFCs by issuance of commercial paper in accordance with the guidelines. |
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| 2001 | | | |
| | March | 31 | • | Taking into account the market conditions and changes in other interest rates in the system, the | | | | | maximum rate of interest that NBFCs can pay on their public deposits was reduced from 16 per cent | | | | | to 14 per cent per annum with effect from April 1, 2001. The ceiling on interest rate was brought down | | | | | to 14 per cent per annum to deposits accepted by Miscellaneous non-banking companies (Chit Fund | | | | | companies) and Nidhi companies also in terms of directions prescribed by Reserve Bank. | | | | | | | June | 27 | • | Asset-Liability Management (ALM) guidelines for NBFCs including RNBCs were announced as a part | | | | | of the overall system for effective risk management in their various portfolios and initially made | | | | | applicable to such companies which have asset size of Rs. 100 crore and above or public deposits of | | | | | Rs. 20 crore and above as per their balance sheet as on March 31, 2001. NBFCs have been advised | | | | | that it would be desirable to constitute an Asset-Liability Management Committee under the charge of | | | | | Chief Executive Officer or other Senior Executive with other specialist members for carrying out the | | | | | spadework for formalising ALM system in the institution. The ALM system is required to be | | | | | implemented by the year ending March 31, 2002. While companies holding public deposits are required | | | | | to submit the first ALM return (comprising of statements on structural liquidity, short-term dynamic | | | | | liquidity and interest rate sensitivity) as on September 30, 2002 by October 31, 2002, arrangements for | | | | | companies not holding public deposits are being worked out. Chit funds and Nidhi companies have | | | | | been kept out of the purview of these guidelines. NBFCs not coming under the purview of the | | | | | guidelines presently have also been advised to put in place ALM system as it is the objective of Reserve | | | | | Bank to make these guidelines applicable to all NBFCs. | | | | | | | | | • | Since issue of CPs by NBFCs would be governed by the guidelines issued by the Reserve Bank it | | | | | was decided to exempt from the purview of public deposits the monies received by issue of CP in | | | | | accordance with the guidelines; | | | | | | | | | | (i) The procedure of accounting for repossessed assets was clarified and suitable guidelines | | | | | were issued. | | | | | ii) To ensure adoption of a uniform practice by companies for computing the net amount of outstanding | | | | | public deposit liabilities, it was clarified that NBFCs may maintain liquid assets on deposit liabilities | | | | | as netted off in respect of TDS actually deducted and remitted to Government. | | | | | (iii) In order to improve the accountability of the management of the company to its shareholders, | | | | | statutory auditors of NBFCs were advised that their observations on contravention of RBI | | | | | Act / Directions should also form part of the reports submitted by them to the shareholders | | | | | of the company under Section 227 (2) of the Companies Act, 1956, besides directly reporting | | | | | such contravention to Reserve Bank. | | | | | (iv) An option was given to companies which have been granted Certificate of Registration with | | | | | authorisation to accept public deposits but which were not submitting returns since they | | | | | have repaid the public deposits or placed the requisite amount with scheduled commercial | | | | | banks advising them to either submit periodic returns or apply for conversion into a non- | | | | | public deposit taking company within 30 days. | | | | | | | October | 31 | • | Taking into account the market conditions and changes in other interest rates in the system, | | | | | the maximum rate of interest that NBFCs can pay on their public deposits was reduced, effective | | | | | November 1, 2001, from 14 per cent to 12.5 per cent per annum. |
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