Professional Documents
Culture Documents
Oct 12
Oct 12
Migration to CTS-2010
Investment in Pakistan
FDI ceilings
Bank loans to Factor Companies
BANKING FEATURES : 4-8, 20
CTS 2010 standards
Mechanised cheque processing
Banking Problems - Ombudsman cases
Banking Supervision
Call & Notice money
Diary of events - Sep, 2012: 9
Policy, Economy
Banking Developments
Capital Markets & Insurance
General Awareness : 13
Multi-Option questions:15-19
Data Bank : 20
The
Journal of
Institute of Banking
Career & Studies,
Chandigarh
Contents of this Issue
Editor - Ms Ritu Singh, Executive Editor - S. Chand Singh, Editor in Chief - Sh. N S Toor
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Registration RNI No.67802/98
Postal Regn. No.CHD/(0001)2012-14
Volume - XV No.10 October 2012
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Devote
"A few days in a month, to do something better;
something speedier; something of high quality;
something which will make you proud; something which
will make a poorer person's life a little better ".
........ Dr. APJ Abdul Kalam, Ex-President of India
facility to their customers to issue only CTS-2010 standard cheques in a time
bound action plan not later than September 30, 2012. To ensure the time-
bound migration to CTS-2010 standard cheque formats, all banks have been
advised (Sep 03, 2012) to adhere to the procedures indicated below:
i. Arrange to issue only multi-city/payable at par CTS-2010 standard cheques
not later than September 30, 2012.
ii. Arrange to withdraw the non-CTS-2010 Standard cheques in circulation
before December 31, 2012 by creating awareness among customers through
SMS alerts, letters, display boards in branches/ATMs, log-on message in
internet banking, notification on the web-site etc. Progress in this regard may
be submitted to this department by November 30, 2012.
iii. Banks holding post-dated EMI cheques (received on their own behalf or on
behalf of their NBFC clients) may arrange to ensure to replace non-CTS-2010
Standard cheques with CTS-2010 standard cheques before Dec 31, 2012.
Capital Adequacy Framework - Eligible Credit Rating Agencies
In terms of extant guidelines of RBI, 5 domestic credit rating agencies viz.
CARE, CRISIL, FITCH India, ICRA and Brickwork have been accredited for
the purpose of risk weighting the banks claims for capital adequacy purposes.
RBI has decided (Sep 13, 2012) that banks may also use the ratings of the
SME Rating Agency of India Ltd. (SMERA) also.
Foreign investment
The extant FDI policy has since been reviewed(Sep 21, 2012) as follows:
a) FDI up to 100%, is permitted in SingleBrand Product Retail Trading by
only one non-resident entity, whether owner of the brand or otherwise,
under the Government route.
b) FDI up to 51% is permitted in Multi-Brand Retail Trading under Govt route.
c) Foreign airlines are permitted FDI up to 49% in the capital of Indian compa-
nies in Civil Aviation Sector, operating scheduled and non-scheduled air trans-
port, under the automatic/Government route.
d) Up to 49% in Power Exchanges registered under Central Electricity Regu-
latory Commission (Power Market) Regulations, 2010, under the Govt route
Overseas Investment by Indian Parties in Pakistan
In terms of Regulation dated Jul 07, 2004 investment in Pakistan is not permit-
ted. RBI has decided (Sep 07, 2012) that the overseas direct investment by
Indian Parties in Pakistan shall be considered under the approval route.
OTC Foreign Exchange Derivatives Cost Reduction Structures
Under the extant instructions, use of cost reduction structures, i.e., cross
currency option cost reduction structures and foreign currency INR option
cost reduction structures are permitted to hedge exchange rate risk arising
out of trade transactions and the External Commercial Borrowings (ECBs).
On a review, RBI has decided (Sep 12, 2012) to permit the use of cost
reduction structures for hedging the exchange rate risk arising out of foreign
currency loans availed of domestically against FCNR(B) deposits.
Trade Credits for Import into India
As per the extant guidelines, for import of capital goods as classified by DGFT,
AD banks may approve trade credits up to USD 20 million per import transac-
tion with a maturity period of more than 1 year and less than 3 years (from the
date of shipment). No roll-over/extension is permitted beyond the permissible
period. AD banks are also permitted to issue LC/guarantees/Letter of Under-
taking (LoU) /Letter of Comfort (LoC) in favour of overseas supplier, bank and
financial institution, up to USD 20 million per transaction for a period up to 3
years for import of capital goods, subject to prudential guidelines issued by
the Reserve Bank from time to time. The period of such LC / guarantees / LoU
/ LoC has to be co-terminus with the period of credit, reckoned from the date
of shipment. AD banks shall not, however, approve trade credit exceeding
USD 20 million per import transaction.
RBI has decided (Sep 11, 2012) to allow companies in the infrastructure
sector, to avail of trade credit up to a maximum period of 5 years for import
of capital goods as classified by DGFT subject to the following conditions: -
(i) the trade credit must be abinitio contracted for a period not less than 15
months and should not be in the nature of short-term roll overs; and
(ii) AD banks cannot issue LC/guarantees/LoU/LoC favouring overseas sup-
plier, bank and FI for the extended period beyond 3 years.
ECB Bridge Finance for infrastructure sector
As per the extant guidelines, Indian companies in the
infrastructure sector have been allowed to import capi-
tal goods by availing of short term credit (including buy-
ers / suppliers credit) in the nature of bridge finance,
under approval route, subject to following conditions:-
(i) bridge finance shall be replaced with a long term ECB;
(ii) the long term ECB shall comply with all the extant ECB
norms; and
(iii) prior approval shall be sought from the Reserve Bank
for replacing the bridge finance with a long term ECB.
RBI has decided (Sep 11, 2012) to allow refinancing of
such bridge finance (if in the nature of buyers/suppliers
credit) availed of, with an ECB under the automatic
route subject to the following conditions:-
(i) the buyers/suppliers credit is refinanced through an
ECB before the max permissible period of trade credit;
(ii) the AD evidences the import of capital goods by veri-
fying the Bill of Entry;
(iii) the buyers/suppliers credit is compliant with the ex-
tant guidelines on trade credit; and
(iv) the proposed ECB is compliant with all the other
extant guidelines relating to availment of ECB.
The borrowers is to approach RBI under the approval
route only at the time of availing of bridge finance.
AD bank shall monitor the end-use of funds and banks in
India will not be permitted to provide any form of guar-
antees for the ECB. All other conditions of ECB, shall
remain unchanged and should be complied with.
ECB Policy USD 10 billion scheme
As per extant guidelines, the maximum permissible ECB
that can be availed of by an individual company under
the scheme is limited to 50% of the average annual ex-
port earnings realised during the past 3 financial years.
RBI has decided (Sep 11, 2012):
(a) to enhance the maximum permissible limit of ECB that
can be availed of to 75% of the average foreign ex-
change earnings realized during the immediate past three
financial years or 50% of the highest foreign exchange
earnings realized in any of the immediate past 3 financial
years, whichever is higher;
(b) in case of Special Purpose Vehicles, which have com-
pleted at least one year of existence from the date of
incorporation and do not have sufficient track record/
past performance for 3 financial years, the maximum
permissible ECB that can be availed of will be limited to
50% of the annual export earnings realized during the
past financial year; and
(c) The maximum ECB that can be availed by an indi-
vidual company or group, as a whole, under this scheme
will be restricted to USD 3 billion.
Bank Finance to Factoring Companies
Subsequent to the issue of the circular dated Feb 12,
2008, the Factoring Regulation Act, 2011, which regu-
lates factoring companies. The Act has also given pow-
ers to RBI to stipulate conditions for principal business
in terms of assets and gross income as also powers to
give directions and collect information from factors.
RBI had introduced (Jul 23, 2012) a new category of
Migration to CTS-2010 Standards
RBI had advised (Dec 27, 2011) all banks providing cheque
ANKING
POLICY
B
Banking events updatE October 2012 3
NBFCs viz.; Non-Banking Financial Company Factors .
RBI has decided (Sep 11, 2012) that banks can extend financial assistance for factoring
business of Factoring Companies which comply with the following criteria:
(a) The companies qualify as factoring companies and carry out their business under the
provisions of the Factoring Regulation Act, 2011 and Notifications issued by the Reserve
Bank in this regard from time to time.
(b) They derive at least 75% of their income from factoring activity.
(c) The receivables purchased / financed, irrespective of whether on with recourse or
without recourse basis, form at least 75% of assets of the Factoring Company.
(d) The assets / income referred to above would not include the assets / income relating
to any bill discounting facility by Factoring Company.
(e) The financial assistance extended by the Factoring Companies is secured by hypoth-
ecation or assignment of receivables in their favour.
Non-resident guarantee between two resident entities
As per extant rules, the borrowing and lending of Indian Rupees between 2 persons
resident in India does not attract the provisions of the FEMA, 1999. In case where a
Rupee loan is granted against the guarantee provided by a person resident outside
India, there is no transaction involving forex until the guarantee is invoked and the non-
resident guarantor meets the liability under the guarantee. RBI has granted general
permission to a person resident in India, being a principal debtor, to make payment to a
person resident outside India, who has met the liability under a guarantee.
RBI has decided (Aug 29, 2012) to extend the facility of non-resident guarantee under
the general permission for non-fund based facilities (such as LC/guarantees/Letter of
Undertaking (LoU) /Letter of Comfort (LoC) ) entered into between 2 persons resident in
India. The method of discharge of liability by the non-resident guarantor under the
guarantee and the subsequent repayment of the liability by the principal debtor would
continue, as hitherto (Circular No. 28 dated March 30, 2001).
RBI has also decided to introduce a reporting format to capture such guarantees issued
and invoked. AD banks are to furnish such details by all branches, in a consolidated
statement, during a quarter, to reach RBI not later than 10th of the following month.
Issue of Indian Depository Receipts (IDRs) - Limited two way fungibilty
Further to the guidelines as per circular Jul 22, 2009, RBI has decided (Aug 28, 2012) to
allow a limited 2 way fungibility for IDRs (similar to the limited 2 way fungibility facility
available for ADRs/GDRs) subject to the following terms and conditions:
i. The conversion of IDRs into underlying equity shares would be governed by the
conditions mentioned in Circular No. 5 dated July 22, 2009.
ii. Fresh IDRs would continue to be issued as per Circular No. 5 dated July 22, 2009.
iii. The re-issuance of IDRs would be allowed only to the extent of IDRs that have been
redeemed /converted into underlying shares and sold.
iv. There would be an overall cap of USD 5 billion for raising of capital by issuance of IDRs
by eligible foreign companies in Indian markets. This cap would be akin to the caps
imposed for FII investment in debt securities andwould be monitored by SEBI.
White Label ATMs (WLAs) in India - Guidelines
RBI has clarified (Aug 31, 2012) that non-bank entities that wish to infuse capital after
audit of balance sheet can do so provided they submit a certificate from a Chartered
Accountant that additional capital has been infused to satisfy the criterion of net-worth
of Rs. 100 crore. The certificate is to be submitted from existing Chartered Accountant
who audited last balance sheet or a Chartered Accountant who has conducted a limited
review of the accounts of the last quarter / half-year along with.
NPA Management Effective Mechanism and Granular Data
RBI has observed that existing MIS on the early warning systems of asset quality in
banks, needed improvement. Banks have been advised (Sep 14, 2012) that they should
review their existing IT and MIS framework and put in place a robust MIS mechanism for
early detection of signs of distress at individual account level as well as at segment level
(asset class, industry, geographic, size, etc.). The early warning signals should be used
for putting in place an effective preventive asset quality management framework, in-
cluding a transparent restructuring mechanism for viable accounts under distress for
preserving the economic value of those entities in all segments.
The banks IT and MIS system should be robust and able to generate reliable and quality
information with regard to their asset quality for effective decision making. There should
be no inconsistencies between information furnished under regulatory/statutory report-
ing and the banks own MIS reporting. Banks are also advised to have system generated
segment wise information on non-performing assets and restructured assets which may
include data on the opening balances, additions, reductions (upgradations, actual re-
coveries, write-offs etc.), closing balances, provisions held, technical write-offs, etc.
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1. Illegal internet transfers : The complainant alleged that 4 illegal transfer transactions
to 2 different accounts, were conducted from his SB account through internet banking in a
day, for total amount of Rs.102000. He also informed that on receiving SMS for the first
transaction, SMS for the 2nd transaction was received when he was lodging a complaint
with banks Call Centre. The remaining 2 transactions were made while he was still discussing
the matter with the Call Centre. He requested the Call Centre to block the ATM cards. The
bank blocked ATM card of one account with its Delhi branch, but failed to block the account
with Bangalore branch facilitating withdrawal by the fraudster. The complainant lodged an
FIR and got part refund leaving a balance of about Rs. 50,000. After a lot of persuasion,
he could get back another Rs. 26,000 with unsettled balance of Rs.24,802.
As the bank did not refund the balance, he approached BO. On referring the matter to
bank, it informed that the accounts to which the funds were unauthorisedly transferred
were frozen on receipt of call from the complainant. It maintained that the cyber fraud was
done by hacking the password of the complainant. To resolve the matter amicably, a
conciliation meeting was called. During the meeting, one of the account holders was caught
by Delhi Police and he paid Rs. 26,000 to the complainant. It was observed that KYC
documents for beneficiary account with banks Delhi branch were complete but with
Bangalore branch these were incomplete. The latter account holder was not traceable. The
internal investigation report of the bank admitted that it was a cyber-fraud. BO ordered the
bank to pay the remaining amount of Rs. 24,802 to the complainant.
2. Claim for card dues despite complete payment & deactivation of card: The
complainant had taken a loan of Rs. 30,000 in June 2008 repayable in 24 EMIs on his credit
card. There was some confusion in payments, which resulted in excess payment to the card
company. He paid the difference but the bank did not make required adjustments in his card
statement. He requested intervention of BO to resolve the matter. On taking up the matter
with the card company, it confirmed having reversed the amount of excess billing. The
company also confirmed that the card was inactive for usage and no dues were payable
thereon. Later on, in Nov 2010, the bank had again sent him EMI bill. The Card Company
told to ensure that its system reflected correct position of the card and confirm to BO and
wash out CIBIL reporting, if any, else the Card Company would be liable to pay compensation
of Rs. 5, 000. The complainant again received a fresh bill with extra charges in Feb 2011.
The complaint was re-registered due to harassment and misreporting to BO. The Card
Company was ordered to pay Rs. 5,000 as a compensation.
3. Dispute about interest rate differential: The complainant had alleged that he was
sanctioned Cash Credit limit for Rs. 40.00 lakhs @ 3.5% below SBAR with a minimum of
9.25% on March 31, 2007. Bank had started charging interest at higher rate from Jan 2009
which was revised upwards without notice to him. On taking up the matter with the bank,
it informed that the complainant was enjoying cash credit limit under Indirect finance to
Agriculture. It further advised that bank had decided to dispense with interest rate differential
between direct and indirect agriculture borrowers w.e.f. Jan 01, 2009. Accordingly, the
revised rate applicable to Direct agricultural finance, which was 2.5% above SBAR, was
applied. The revised rate had been displayed on the notice board of the branch. However,
the branch failed to apply revised rate of interest and the borrower had been charged
lower rate of interest. On realizing the mistake, the bank had made recovery of interest
with retrospective effect according to the revised rate of interest.
A perusal of the records revealed that he was sanctioned loan at 3.5% below SBAR and the
sanction letter provided for renewal of the limit at every 6 month or on expiry of 12 months
from the date of sanction. Further, there was no provision to change the linkage to SBAR
although changes in SBAR were at the discretion of the bank. Bank could not provide any
evidence about the fact that revised rate of interest as applicable to direct agriculture
borrowers will also apply to indirect borrowers w.e.f. Jan 01, 2009, which was intimated to
the borrower. The BO observed that the clause in the sanction letter and terms & conditions
as to revision in rate of interest linked to SBAR, did not empower bank to effect any
changes in interest rate. In the absence of any notice given to the complainant or renewal
of the loan limits, the old terms & conditions shall prevail till the date of next renewal.
BO ordered that the date of application of new rate of interest based on renewal shall be
treated as effective date of notice and the excess interest charged as a result of the
above, should be credited back to complainants account. In compliance with the directions
issued by BO, the bank refunded a sum of Rs. 95,208 to the complainant.
Banking Problems based on Ombudsman Decisions
Institute of Banking Institute of Banking Institute of Banking Institute of Banking Institute of Banking
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Chandigarh 160 020
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Banking events updatE October 2012 8 BANKING FEATURES