[FEMA]Non-resident Depositors/Any can get loan upto 100 lakhs against NR(E)RA & FCNR(B) deposit accounts now

Foreign Exchange Management (Deposit) Regulations, 2000- Loans to Non Residents / third party against security of Non Resident (External) Rupee Accounts
[NR (E) RA / Foreign Currency Non Resident  (Bank) Accounts [FCNR(B)] -Deposits

RBI/2008-09/462 A. P. (DIR Series) Circular No.66 dated 28th April 2009

The banks may now grant loans against NR(E)RA and FCNR(B) deposits either to the depositors or third parties up to a maximum limit of Rs.100 lakh (erstwhile Rs.20 lakhs). The banks are also advised not to undertake artificial slicing of the loan amount to circumvent the aforesaid ceiling.

 

To understand the erstwhile provision, kindly look into Para 6 (a), (b), (c) and (d) of Schedule 1 and Para 9 of Schedule 2 to Foreign Exchange Management (Deposit) Regulations, 2000 notified vide Notification No. FEMA 5 / 2000-RB dated May 3, 2000, as amended from time to time regarding loans against security of funds held in deposit accounts. Further, attention of the banks is also invited to A. P. (DIR Series) Circular No.29 dated January 31, 2007 prohibiting banks from granting fresh loans or renewing existing loans in excess of Rs.20 lakh against NR(E)RA and FCNR(B) deposits either to the depositors or third parties. The banks were also advised not to undertake artificial slicing of the loan amount to circumvent the ceiling.

 

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[FCCB]Buy back upto USD 100 million under RBI Approval Route based on larger discounts

RBI/2008-09/461 A. P. (DIR Series) Circular No 65 dated 28th April 2009

The total amount of permissible buyback of FCCBs, out of internal accruals, is increased to USD 100 million (from erstwhile USD 50 million) of the redemption value per company, under the approval route by linking the higher amount of buyback to larger discounts. Accordingly, Indian companies may henceforth be permitted to buyback FCCBs up to USD 100 million of the redemption value per company, out of internal accruals, with the prior approval of the Reserve Bank, subject to:

Minimum Discount on Book Value	Maximum Redemption Value
25%	USD 50 million
35%	USD 50 to 75 million
50%	USD 75 to 100 million

To read all about FCCB, click here.

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[ECB]All-in-cost ceilings dispensed till 31st December 2009 under Approval Route

RBI/2008-09/460 A.P. (DIR Series) Circular No. 64 dated 28th April 2009

Now, it has been decided to extend the relaxation in all–in-cost  ceilings, under the approval route,  until December 31, 2009. This relaxation will be reviewed in December 2009.

 

Erstwhile provision: Click here

It was decided earlier to dispense with the requirement of all-in-cost ceilings on ECB, under the approval route, until June 30, 2009. Accordingly, eligible borrowers, proposing to avail of ECB beyond the prescribed all-in-cost ceilings could approach the Reserve Bank, under the approval route.

 

To read all about ECB, click here.

 

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Prepaid Instruments-Debit/smart cards shall comply with RBI directions now

Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009

All persons proposing to operating payment systems involved in the issuance of Pre-paid Payment Instruments shall seek authorization from the Department of Payment and Settlement Systems, Reserve Bank of India, under the Payment and Settlement System Act 2007.

 

Pre-paid Payment Instruments: Pre-paid payment instruments are payment instruments that facilitate purchase of goods and services against the value stored on such instruments. The value stored on such instruments represents the value paid for by the holder, by cash, by debit to a bank account, or by credit card.

The pre-paid instruments can be issued as smart cards, magnetic stripe cards, internet accounts, internet wallets, mobile accounts, mobile wallets, paper vouchers and any such instruments which can be used to access the pre-paid amount (collectively called Payment Instruments hereafter).

The pre-paid payment instruments that can be issued in the country are classified under the three categories viz. (i) Closed system payment instruments (ii) Semi-Closed system payment instruments and (iii) Open system payment instruments.

 

Only banks which have been permitted to provide Mobile Banking Transactions by the Reserve Bank of India shall be permitted to launch mobile based pre-paid payment instruments (mobile wallets & mobile accounts) subject to compliance of Capital Adequacy Requirements of RBI.

Non-Bank Finance Companies (NBFC) would be permitted to issue only semi-closed system pre-paid payment instruments subject to compliance of Capital Adequacy Requirements of RBI.

 

All other persons shall have a minimum paid-up capital of Rs. 100 lakhs and positive net owned funds would be permitted to issue only semi-closed system pre-paid payment instruments.

 

Persons authorized under FEMA to issue foreign exchange pre-paid payment instruments and where such persons issue such instruments as participants of payment systems authorised by the Reserve Bank of India, are exempt from the purview of these guidelines as they are subject to Current Account Transaction Rules.

 

The guidelines on Know Your Customer/Anti-Money Laundering/Combating Financing of Terrorism guidelines issued by the Reserve Bank of India to banks, from time to time, shall apply mutatis mutandis to all persons issuing pre-paid payment instruments.

 

All pre-paid payment instruments issued in the country shall have a minimum validity period of six months from the date of activation/issuance to the holder and the maximum value of any pre-paid payment instrument shall not exceed Rs 50,000/-.

Source:

RBI/2008-09/458 DPSS.CO.PD.No. 1873 /02.14.06/ 2008-09 dated 27th April, 2009

Certified Copies of Entries / Print out to Courts as Evidence by co-operative banks under Bankers Books Act

All State and Central Co-operative banks should comply with the provisions of the Bankers' Books Evidence Act, 1891 while furnishing certified copies and computer printouts to courts. In the absence of such statutory certificate, the court would not be obliged to admit the document in evidence without any further proof.

 

The Certificate shall be as prescribed under Section 2A(a) and (b) of the Act ibid (relevant extract enclosed).

 

Click here to read about Banker’s Books Evidence Act, 1891 http://yehseeyes.blogspot.com/2007/09/interesting-act-in-banking-now-you-will.html

 

Source:

RBI/2008-09/457/RPCD.CO.RF.BC.No. 100 /07.38.03/2008-09 dated 24th April 2009

[RBI] as Customer of Banks, know your rights

As you are aware, Reserve Bank has been time and again issuing various instructions / guidelines in the area of customer service to bring about improvements in the quality of customer service in banks and their branches.

Its good to know our rights...so click to know it.

In order to have all current instructions on the subject at one place, we have compiled many of the important instructions issued by us in the form of a Master Circular. Further, we have also included certain instructions issued only to Public Sector Banks and also by Indian Banks' Association at the instance of the Reserve Bank.

The Master Circular is given in the Annex. It may be noted that the Master Circular consolidates and updates all the instructions contained in the circulars listed in the Appendix to the Master Circular.

When NBFC will be deemed to be a Loan Company

RBI / 2008-09/167 DNBS.PD. CC No. 128 / 03.02.059 /2008-09 dated September 15, 2008

 

As substantial time has elapsed, since the issue of the Circular to approach Regional Office in their jurisdiction duly supported by statutory auditors' certificate indicating the asset / income pattern of the companies as on March 31, 2006, it has now been decided that erstwhile Equipment Leasing (EL) and Hire-Purchase (HP) NBFCs should, duly supported by Statutory Auditors’ Certificate as on March 31, 2008, immediately approach the Regional Office concerned for appropriate classification latest by December 31, 2008 after which NBFCs which have not opted for the classification would be deemed to be loan companies.

Section 25 Companies as Business Correspondents (BC) to Banks

It has since been decided that banks can engage companies registered under Section 25 of the Companies Act, 1956, as Business Correspondents (BCs) provided that the Section 25 companies are stand-alone entities or Section 25 companies in which NBFCs, banks, telecom companies and other corporate entities or their holding companies do not have equity holdings in excess of 10%.

Further, while engaging Section 25 companies as BCs, banks will have to strictly adhere to the distance criterion of 15 kms. / 5 kms, as applicable, between the place of business of the BC and the branch.

Click here for details.

Crop Loan - 80% Short Term Prodution & 20% Clean Credit Limit

A new simplified cyclical credit product for financing crop production while also ensuring year round liquidity for farmers, particularly in rain-fed areas of the country.

Simplified cyclical credit product for farmers

Please refer to paragraphs 138 and 139 of the Annual Policy Statement for the year 2008-09

Accordingly, each commercial bank as also RRB may select one rain fed district for introduction, on a pilot basis, of a new product for financing crop production whereby

(a) 80 per cent of the crop loan requirement of individual borrowers may be released through a short term production loan in conformity with the present norms / practices, and

(b) the remaining 20 per cent representing the ‘core component’ (expenses for land preparation, pre-sowing operations etc. besides self labour/ consumption) may be sanctioned as a ‘clean credit limit’ to ensure year round liquidity.

Please find the Notification here.

Banks should accept Cash Over the Counter

Acceptance of cash over the counter
It has been brought to our notice that some banks have introduced certain products whereby the customers are not allowed to deposit cash over the counters. Further it is also understood that these banks have also incorporated a clause in the terms and conditions that cash deposits, if any, are required to be done through ATMs.
2. In this connection, it may be mentioned that banking by definition means acceptance of deposits of money from the public for the purpose of lending and investment. As such, banks cannot design any product which is not in tune with the basic tenets of banking. Further, incorporating such clauses in terms and conditions which restricts deposit of cash over the counters also amounts to an unfair practice.
3. Banks are therefore advised to ensure that their branches invariably accept cash over the counters from all their customers who desire to deposit cash at the counters. Further, they are also advised to refrain from incorporating clauses in the terms and conditions which restricts deposit of cash over the counters.

Find Notification here.

Exchange Traded Currency Futures (ETCF) in Recognised Stock Exchanges for Person Resident in India (PRII)

Yes, now Person Resident In India (PRII) can trade in CURRENCY FUTURES through Recognised Stock Exchanges from the Country. Yes, yet another product in the line of Over The Counter (OTC)

Futures - a STANDARDISED Contract(coz Stock Exchange will act as a Counter Party, if a party to the contract defaults) traded on a Futures Exchange to buy or sell a certain Underlying Instrument @ a certain Date in the Future @ a Specified Price.

Currency Futures - Futures Contract of a Specified Currency.

Exchange Traded Currency Futures (ETCF) Contract - Such Currency Futures Contract are LISTED in the Stock Exchange, thereby confering a BENEFIT on them to be traded in Open Market. Thus facilitating efficient price discovery, enabling better counterparty credit risk management, having wider participation, trading of standardized product, reduce transaction costs, et al.

Persons Resident In India (PRII) are permitted to participate in the currency futures market in India subject to directions contained in the Currency Futures (Reserve Bank) Directions, 2008 [Notification No.FED.1/DG(SG)-2008 dated August 6, 2008] (Directions) issued by the Reserve Bank of India, a copy of which is annexed (Annex-I).

Do read the full RBI Notification in RBI/2008-09/122 A.P. (DIR Series) Circular No. 05 dated 6th August 2008

Also read the relevant SEBI Circular http://www.sebi.gov.in/circulars/2008/dnpdcir38.pdf

Section 45-IA, 45K and 45L of the RBI Act –Deposit Taking NBFC- Grant of Certificate of Registration – Requirement of minimum Net Owned Fund of Rs. 200 lakh for all deposit taking NBFCs

To

All deposit taking NBFCs

 

RBI/2007-08/369 DNBS (PD) C.C. No. 114 /03. 02.059/2007-08, 17th June 2008

(a) As a first step, NBFCs having minimum NOF of less than Rs. 200 lakh may freeze their deposits at the level currently held by them.

(b) Further, Asset Finance Companies (AFC) having minimum investment grade credit rating and CRAR of 12% may bring down public deposits to a level that is 1.5 times their NOF while all other companies may bring down their public deposits to a level equal to their NOF by March 31, 2009.(As per Annex).

(c) Those companies which are presently eligible to accept public deposits upto a certain level, but have, for any reason, not accepted deposits upto that level will be permitted to accept public deposits upto the revised  ceiling prescribed  above.

(d) Companies on attaining the NOF of Rs.200 lakh may submit statutory auditor's certificate certifying its NOF. 

(e) The NBFCs failing to achieve the prescribed ceiling within the stipulated time period, may apply to the Reserve Bank for appropriate dispensation in this regard which may be considered on case to case basis.

RBI - Mobile Payments in India - Operative Guidelines for Banks

Dear All,

With the rapid growth in the number of mobile phone subscribers in India banks have been exploring the feasibility of using mobile phones as an alternative channel of delivery of banking services. A few banks have started offering information based services like balance enquiry, stop payment instruction of cheques, record of last five transactions, location of nearest ATM/branch etc. Acceptance of transfer of funds instruction for credit to beneficiaries of same/or another bank in favour of pre-registered beneficiaries have also commenced in a few banks. Considering that the technology is relatively new and due care needs to be taken on security of financial transactions, the Reserve Bank of India has felt the need for a set of operating guidelines that can be adopted by banks.

Accordingly the Reserve Bank has prepared a 'Draft Operating Guidelines for Mobile Payments in India', in consultation with banks and a few industry bodies. The draft guidlines are placed on the website for public comments. Comments can be sent latest by June 30, 2008 to the Chief General Manager, Reserve Bank of India, Department of Payment and Settlement Systems, Central Office, 14th floor, Central Office Building, S.B.S. Marg, Mumbai 400001 or faxed to 022-22659566. Comments can also be e-mailed.

You can access draft guideline for your perusal and comment

Source: Press Release : 2007-2008/1589 dated 12th June 2008.

Thanks & Regards

--
Alagar
Investment Banking
Karvy Investor Services Limited
Chennai
Tel: 044-28151034/3445/3658
Moble: 919884731993/ 919790906827
e-mail: alagar.muthu@karvy.com


--
Vj
Trezrrr every pulsss
http://yehseeyes.blogspot.com/

Non Deposit taking, Systematically Important Non Banking Financial Company (NBFC ND SI), Asset Size >= 100 crores - RBI draft guidelines

The Reserve Bank of India (RBI) placed on its website draft guidelines in respect of capital adequacy, liquidity and disclosure norms of non-deposit taking, systemically important non-banking financial companies (NBFC-ND-SI) for public comments. In keeping with its consultative approach, the Reserve Bank has placed the draft guidelines on its website (www.rbi.org.in) for study by a wider audience. Comments/suggestions may be sent to the Chief General Manager-in-Charge, Department of Non-Banking Supervision, Reserve Bank of India, Central Office, 2nd Floor, Centre-I, World Trade Centre, Cuffe Parade, Mumbai-400005 or by email at the earliest but within 30 days of the publication of the guidelines.

It may be recalled that an announcement was made in Annual Monetary Policy Statement of 2008-09 (paragraph 216) that  "it is observed that many systemically important non deposit taking NBFCs are highly leveraged and  use short term sources to fund their activities. In light of international developments and increasing exposure to these systemically important NBFCs, it has now been decided to review the regulations in respect of capital adequacy, liquidity and disclosure norms. Revised instructions will be issued by May 31, 2008."

 

Please find attached herewith said guideliens for your comment.

 

Source: RBI Press Release : 2007-2008/1540 dated 2nd May 2008

[FII, Participatory Notes, Sub Account Registration,ODI, AMC & PIM by NRI, CIS]Amendment to SEBI (Foreign Institutional Investors) Regulations, 1995

Amendment to SEBI (Foreign Institutional Investors) Regulations, 1995

Thanks, Lucknow CA Group

SEBI, vide Notification dated May 22, 2008 has amended SEBI (Foreign Institutional Investors) Regulations, 1995.

The salient features of the amendments are as under:

v The policy measures on Offshore Derivative Instruments (Participatory Notes) and changes to the registration criteria specified in SEBI Press Release dated October 25, 2007 have been incorporated in the regulations.

v In order to streamline the process of registration, the Application Forms for grant of registration as a FII and Sub Account have been modified.

v An asset management company, investment manager or advisor or an institutional portfolio manager set up and/ or owned by non resident Indians (NRIs) shall be eligible to be registered as FII subject to the condition that they shall not invest their proprietary funds. This has been enabled by suitable modification to Explanation II under Regulation 13 of the said regulations.

v The type of securities in which FIIs are permitted to invest has been widened to include schemes floated by a Collective Investment Scheme.

Click to read The amended regulations

Further,

Foreign Institutional Investors & Custodians Division
Investment Management Department
Website: www.sebi.gov. in Fax: 022 26449026
Circular No. IMD/FII & C/ 28 /2008
27th May 2008

To
All Foreign Institutional Investors, and
Custodians of Securities

Dear Sir/Madam,
Undertakings for ODI activity

In partial amendment to SEBI circular reference no IMD/CUST/15/ 2004 dated April 02, 2004, the undertaking required to be provided by the Foreign Institutional Investors (FIIs) and their sub-accounts with respect to the offshore derivative instruments (ODIs) is being revised to state the following w.e.f the Monthly ODI Report from May 2008:

“We undertake that we/ our associates have not issued/ subscribed/ purchased any of the offshore derivative instruments directly to/ from Non Resident Indians/ Indian Residents.”

Further, the following statement may also be included in the monthly ODI report, henceforth

“As of ____________ *, our assets under custody (AUC) in the Indian securities market amount to Rs.________crore and the total value of outstanding offshore derivative instruments issued by us as a percentage of AUC is ____ percent.”

* last date of the monthly reporting period to be mentioned.

This circular is being issued under Regulation 20A of the SEBI (Foreign Institutional Investors) Regulations 1995.

A copy of this circular is available at the web page “F.I.I.” on our website www.sebi.gov. in. The custodians are requested to bring the contents of this circular to the notice of their FII clients.

Agricultural Debt Waiver and Debt Relief Scheme, 2008

RBI / 2007-2008/ 330
RPCD.No.PLFS. BC.72 /05.04.02/2007- 08 - 23/5/08

The Chairman/Managing Director
All Scheduled Commercial Banks (including Local Area Banks)

Dear Sir,

Union Budget – 2008-09 – Agricultural Debt Waiver and Debt Relief Scheme, 2008

As you are aware, the Hon'ble Finance Minister, in his Budget Speech (paragraph 73) for 2008-09 has announced a debt waiver and debt relief Scheme for farmers, for implementation by all scheduled commercial banks, besides RRBs and co-operative credit institutions.

2. The detailed Scheme notified by the Government of India along with necessary explanations is enclosed. The scheduled commercial banks (including Local Area Banks) may take necessary action towards implementation of the Scheme at the earliest. The implementation of the Debt Waiver and Debt Relief Scheme should be completed by June 30, 2008.

3. Further communication in respect of this Scheme would follow.

4. In case of RRBs and co-operatives, a separate circular is being issued by NABARD.

Find the Scheme here

RBI - Claim Settlement of Missing persons, like Evidence Act & Suitable Grievance Redressal Mechanism for Banks (not RRB's)

Settlement of claims in respect of missing persons

A query has been raised regarding the system which should be followed by banks (not Regional Rural Bank) in case a claim is received from a nominee / legal heirs for settlement of claim in respect of missing persons.

2. The settlement of claims in respect of missing persons would be governed by the provisions of Section 107 / 108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of continuance and Section 108 deals with presumption of death. As per the provisions of Section 108 of the Indian Evidence Act, presumption of death can be raised only after a lapse of seven years from the date of his/her being reported missing. As such, the nominee / legal heirs have to raise an express presumption of death of the subscriber under Section 107/108 of the Indian Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in respect of a missing person can be settled on the basis of the same.

3. Banks are advised to formulate a policy which would enable them to settle the claims of a missing person after considering the legal opinion and taking into account the facts and circumstances of each case. Further, keeping in view the imperative need to avoid inconvenience and undue hardship to the common person, banks are advised that keeping in view their risk management systems, they may fix a threshold limit, up to which claims in respect of missing persons could be settled without insisting on production of any documentation other than (i) FIR and the non-traceable report issued by police authorities and (ii) letter of indemnity.

Relevant Notification in http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=4157&Mode=0

Grievance Redressal Mechanism in banks

Please refer to our Circular DBOD.No.Leg BC.60/09.07.005/2006-07 dated February 22, 2007 wherein instructions were issued to banks regarding analysis and disclosure of complaints. In this connection, it may be mentioned that a proper analysis and disclosure of complaints would be possible only if there is an effective machinery for redressal of grievances in banks. Banks (not Regional Rural Banks) are therefore advised to ensure that a suitable mechanism exists for receiving and addressing complaints from its customers / constituents with specific emphasis on resolving such complaints fairly and expeditiously regardless of the source of the complaints.

2. Banks are also advised to:

(i) Ensure that the complaint registers are kept at prominent place in their branches which would make it possible for the customers to enter their complaints.

(ii) Have a system of acknowledging the complaints, where the complaints are received through letters / forms.

(iii) Fix a time frame for resolving the complaints received at different levels.

(iv) Ensure that redressal of complaints emanating from rural areas and those relating to financial assistance to Priority Sector and Government's Poverty Alleviation Programmes also forms part of the above process.

(v) Prominently display at the branches, the names of the officials who can be contacted for redressal of complaints, together with their direct telephone number, fax number, complete address (not Post Box No.) and e-mail address etc. for proper and timely contact by the customers and for enhancing the effectiveness of the redressal machinery.

3. Further, in terms of our circular no. BC.60 dated February 22, 2007, banks are required to disclose the brief details regarding the number of complaints alongwith their financial results. This statement should include all the complaints received at the Head Office / Controlling Office level as also the complaints received at the branch level. However, where the complaints are redressed within the next working day, banks need not include the same in the statement of complaints. This is expected to serve as an incentive to the banks and their branches to redress the complaints within the next working day.

4. Where the complaints are not redressed within one month, the concerned branch / controlling office should forward a copy of the same to the concerned Nodal Officer under the Banking Ombudsman Scheme and keep him updated regarding the status of the complaint. This would enable the Nodal Officer to deal with any reference received from the Banking Ombudsman regarding the complaint more effectively. Further, it is also necessary that the customer is made aware of his rights to approach the concerned Banking Ombudsman in case he is not satisfied with the bank's response. As such, in the final letter sent to the customer regarding redressal of the complaint, banks should indicate that the complainant can also approach the concerned Banking Ombudsman. The details of the concerned Banking Ombudsman should also be included in the letter.

5. Banks are also advised to give wide publicity to the grievance redressal machinery through advertisements and also by placing them on their web sites.

Relevant Notification in http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=4158&Mode=0
Yes, keep updatin...

FDI Update- Credit Info Co, Commodity Exchange, Foreign Currency Bids of Indian Projects, SEBI SARFAESI QIB notification

Foreign investment in Credit Information Companies:

1. To comply with the Credit Information Companies (Regulations) Act 2005 and

2. subject to the following :
i) The aggregate Foreign Investment in Credit Information Companies would be 49%.

ii) Foreign Investment upto 49% would be allowed only with the prior approval of FIPB and regulatory clearance from RBI.

iii) Investment by SEBI Registered FIIs would be permitted only through purchases in the secondary market to an extent of 24%.

iv) Investment by SEBI Registered FIIs would be within the overall limit of 49% for Foreign Investment.

v) No FII can individually hold directly or indirectly more than 10% of the equity.

A copy of the Press Note 1 (2008 series) dated March 12, 2008 issued by the Government is enclosed.

Click here for Notification http://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=4150&Mode=0

Foreign investment in Commodity Exchanges:

subject to the following conditions : i) There would be a composite ceiling of 49% Foreign Investment, with a FDI limit of 26% and an FII limit of 23%.
ii) FDI will be allowed with specific approval of the Government.
iii) The FII purchases in equity of Commodity Exchanges will be restricted only to the secondary markets.
iv) Foreign Investment in Commodity Exchanges would also be subject to compliance with the regulations issued, in this regard, by the Forward Market Commission.
A copy of Press Note 2 (2008 series) dated March 12, 2008 issued in this regard is enclosed.

Link to the notification http://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=4151&Mode=0

It has been brought to the notice of the Government that some of the existing Commodity Exchanges had foreign investment above the permitted level as on the date of issue of the said Press Note. In order to facilitate the existing Commodity Exchanges to comply with the guidelines notified vide Press Note 2(2008), vide press note 8 of 2008 series dated 19th August 2008 it has now been decided to allow a transition / complying/correction time to the existing Commodity exchange(s). The Commodity Exchange(s) would be required to divest foreign equity equal to the amount by which the cap was being exceeded in accordance with Press Note 2(2008). Accordingly, all such Commodity Exchanges are hereby advised to adhere to the conditions of Press Note 2(2008) by 30.6.2009. All Commodity Exchanges shall furnish a compliance report informing the foreign investment in the Commodity Exchange as on 30.6.2009, along with details of equity structure, to the Department of Industrial Policy & Promotion, Department of Consumer Affairs, Foreign Investment Promotion Board, the Forward Market Commission and SEBI.

Non-compliance of the conditions of Press Note 2(2008) after 30.6.2009 would be a violation of the Foreign Exchange Management Act, 1999

Bids in foreign currency for projects to be executed in India:
1. Person resident in India has been permitted to incur liability in foreign exchange and to make or receive payments in foreign exchange in respect of global bids where the Central Government has authorized such projects to be executed in India and the approval of the concerned Administrative Ministry has been obtained. In such cases, authorized dealers are permitted to sell foreign exchange to the resident Indian company which has been awarded the contract.
2. Persons resident in India are now permitted to incur liability in foreign exchange and to make or receive payments in foreign exchange in respect of global bids for projects to be executed in India without insisting on prior approval of the concerned Administrative Ministry for the International Competitive Bidding.

Link to Notification http://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=4149&Mode=0

SEBI Notification under Section 2(1) (u) of SARFAESI Act, 2002:

certain non-deposit NBFC = QIB u/SARFAESI

Non-banking financial companies (NBFC) registered under section 45-IA of the Reserve Bank of India (RBI) Act, 1934 and satisfying the following conditions shall be qualified institutional buyers (QIB) for the purposes of the SARFAESI Act,

Conditions:

1. systemically important non-deposit taking non-banking financial companies (NBFCs) with asset size of one hundred crore rupees and above (>=100 Crores); and
2. other non-deposit taking NBFCs which have asset size of fifty crore rupees and above (>=50 Crores) and “Capital to Risk – weighted Assets Ratio” (CRAR) of 10% as applicable to non-deposit taking NBFCs as per the last audited balance sheet.

Notification in http://thisisvj.googlepages.com/SEBI-QIBNotification-31Mar08.pdf

Development Banking for CS Final

Just get the essence of the subject like this...Its like...the
following points are nothing but the reproduction of the material but
its concise and you can read it many a times, making your CS Final
Exams, just a flow of writin...Every exam in CS Final is very
interestin Provided, u have the right approach to study it. Do
comment your understanding & needs. You have every right to
critically review my writing, only then I can improve, please help.

DEVELOPMENT BANKING – the gap filler

It is a multi-purpose financial institution. Financial institution
concerned with providing all types of financial assistance to business
units, in the form of loans, underwriting, investment, guarantee
operations & promotional activities – economic development in general
& industrial development.

I. EVOLUTION:
1. Institutionalism (1948-55)
2. Expansion (1955-64)
I. CONSOLIDATION & INNOVATION (1964-76):
1. Introduction of Consortium financing;
2. Industry potential survey & concessional finance for Backward areas;
3. Introduction of Loan convertibility clause, merchant banking, etc…
4. Creation of Technical consultancy organisation & Management
Development Institute (MDI, Gurgaon).
I. STABILITY & GROWTH (1976-84): Increased sanctioning & disbursement
of loans; creation of Entrepreneurship Development Institute of India,
1983.
I. DIVERSIFICATION & CHANGE (1984-92):
1. Increase in project financing and fund & fee based services;
2. Introduction of Credit Rating Agencies (CRA);
3. Guidelines for appointment of nominee directors.
I. RE-ORIENTATION (1992 onwards):
1. Establishment of commercial banks, investment banks & mutual funds;
2. IFCI which was formed as a statutory corporation is converted into company.

SNO. DEVELOPMENT BANKING; COMMERCIAL BANKING
1. Project oriented; Security oriented;
2. Influencing & collecting savings & re-channelising them to people
in need; It has an additional function of generating money;
3. Liabilities are not converted into cash-on-demand; Substantially
there are demand deposits & only banks are authorised to accept
deposits withdrawable by cheque;
4. For medium & long term needs; For short term credit requirements;
5. Funds drawn from budgetary resources of Central Government, RBI
borrowings, foreign lines of credit & bond borrowings; Funds from
deposits of public & corporate sector (demand deposits).
6. CREDIT FUNCTION; Also MONETARY FUNCTION.

GROWTH OF DEVELOPMENT BANKING – for long term investment credit;
FOR i) Industry: IDBI, SIDBI, IFCI, ICICI [(P) sector], IIBI, SFC, SIDC;
ii)Agriculture: NABARD;
iii)Exports: EXIM;
iv) Housing: NHB;
v) Infrastructure: IDFC;
In economic development of a country, development banking act as
"partners in progress" & proceed on "anticipated income theory" i.e.,
dues are expected to be realised out of the anticipated income of the
borrowers. The common functions include, Direct Investment /
Underwriting / Guaranteeing / Securing…

INDUSTRIAL FINANCIAL CORPORATION OF INDIA LTD (IFCI) – 1948
Making medium & long term credit more readily available to eligible
industrial concerns in India when, normal banking accommodation is
"inappropriate" OR recourse to capital market is "impracticable".

NODAL AGENCY for "sugar development fund" & "jute modernisation fund".

FUNCTIONS:
1. Financial assistance to industrial concerns for new, expansion,
diversification & modernisation projects in corporate & co-operative
sector;
2. Merchant banking (fund & fee), foreign & rupee currency loans;
3. Underwriting/direct subscription/guarantees;
4. Subsidiaries include IFCI financial/custodial/investor service;
5. Established MDI, Gurgaon for management training.

STATE FINANCE CORPORATION (SFC) ACT 1951: for meeting term credit
needs of small & medium industries. It complements IFCI. It raises
resources as 'trustee securities', borrows up to 2x(paid-up) from RBI,
borrow from SG/FI/Scheduled Commercial Banks within the prescribed
limits. The business includes factoring, money market, endorsing
letter of credit, trustee for debenture holders, etc…

PRIME LENDING RATE: interest rate at which bank or financial
institution is willing to lend to its prime customers (near zero
risk), so that the earnings from lending will cover, all costs &
expenses and leave adequate enough margin to service its capital. It
can be short term (<=3years) or long term (>3years). The components
include,
1. Fund cost (Deposits + Own funds); 2. Staff cost (Fund mobilisation
+ loans/advances); 3. Overheads; 4. Write-off bad & doubtful debts; 5.
Premium for Asset-Liability mismatch.
INDUSTRIAL CREDIT & INVESTMENT CORPORATION OF INDIA (ICICI) 1955: as a result of international co-operative effort (by World Bank with GOI
support) to foster private investment in India & to promote industries
in (P) sector.

FUNCTIONS: (as a Universal Bank)
1. Underwriting/direct subscription/guaranteeing/merchant banking, etc…
2. Merchant banking & Project Counselling for NRIs.
3. Foreign currency assistance for 3crores project.
4. Provides risk & loan capital for creation/expansion/modernisation
of Productive Facilities & encourages others to invest.
5. Credit facilities to indigenous manufacturers & equipment leasing services.

INDUSTRIAL DEVELOPMENT BANK OF INDIA (IDBI) – 1964 as a Wholly Owned
Subsidiary (WoS) of RBI, later converted into autonomous body to serve
as an APEX institution for term finance in an industry.

FUNCTIONS:
1. Established National Securities Depository Ltd., & Entrepreneurial
Development Institute at Ahmedabad.
2. Planning, promoting, co-ordinating,… the working of & assisting the
development of & to fill gaps.
3. Conducting surveys, R&D, techno-economic studies & Investment research.
4. Re-discounting to push up sales by Indigenous manufacturers.
5. Advise Government in disinvestment.
6. Entered International market with floating rate note issue.
7. Direct loans under Project Finance Scheme for 5crores with
convertibility up to 20% of loans into equity.

SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI): an APEX bank for
tiny, small & cottage sector, established as a WoS of IDBI & it
administers SID fund & National Equity fund.

FUNCTIONS:
1. Direct assistance through project, equipment & infrastructure financing;
2. Indirect financing through 100% refinancing if repayment on
quarterly basis to loans for a period of 25years;
3. Equity type assistance including Seed Capital scheme, self
employment for ex-servicemen, et al.
4. Commercial exploitation of lab-tested technology in association
with CSIR (Council for Scientific & Industrial Research).

INDUSTRIAL INVESTMENT BANK OF INDIA (IIBI), 1997 as a Government
Company; an AIFI (All India Financial Institution) providing financial
assistance to SICK & Non-Sick industries (medium & large scale)
needing modernisation, diversification & technological updation by way
of term loans, bridging urgent liquidity gaps, etc… The ancillary
services include Consultancy (Viability Report), Merchant banking
(Scheme of M&A) & equipment leasing. The repayment period of 10years
is based on surplus generation capacity. The schemes include Short
term loans, Short term Working capital loans & Asset credit scheme.

VENTURE CAPITAL: provides initial support to new companies (with sound
project ideas) using high technology & have potential for high profits
but suffer from capital inadequacy.

SEBI (VENTURE CAPITAL FUNDS (VCF) REGULATIONS), 1996:
1. Venture fund incorporated in India can exit the company within
1year of going public or stay invested, foregoing the Tax Pass Through
Benefit (TPTB).
2. Foreign funds not incorporated in India have no TPTB though
registered with SEBI.
3. Acquisition of shares will be exempt form Takeover Code.
4. Investor in Venture Fund for 5lakhs & Minimum corpus of the fund to
be 5crores & investment in a company up to 25%.
5. Mutual fund can invest till 5% (Corpus) in open-ended schemes & 10%
(Corpus) in close-ended schemes.
6. VCF can invest in IPO as QIB (Qualified Institutional Buyer).

EXPORT IMPORT (EXIM) BANK 1982 established as a statutory corporation
from IDBI providing financial assistance to exporters/importers & to
promote country's international trade. The operations include deferred
payment @ post-shipment stage, multi-currency financing for project
exporters & term loans to SEZ.

FUNCTIONS:
I. Loans to Indian companies:
1. Direct financial assistance through Risk syndication facility;
2. Facilities for deemed exports & overseas investment financing;
3. Pre-shipment credit if cycle time of export contract is >3months;
II. Loans to foreign Government & Financial Institution:
1. Overseas Buyers Credit: Foreign importers for Indian goods/services;
2. Line of Credit (LoC) to foreign government & re-lending facility to
bank overseas;
Foreign BuyerBANK OverseasEXIM (Intermediary)Suppliers.
III. Loans to commercial bank in India:
1. Export bills re-discounting; 100% re-finance of export credit;
2. Guaranteeing of obligation for execution of export contracts & also
in-principle approval for such contracts at bid stage if its worth
beyond 2crores.

Joint venture with Global Trace Finance for forfeiting & factoring;
Got award for "Export Development" from ADFIAP Awards, 2002;
Book for "Business practises of Successful Indian Exporters";
"EXIMius centre" at Bangalore;

UNIT TRUST OF INDIA (UTI) 1963 as statutory public sector investment
institution.
STEP1: Mobilise savings through sale of units under schemes;
STEP2: Invest in good companies;
STEP3: Distribute tax-free dividend to unit-holders.

TRIPLE ADVANTAGE to small investors as to SAFETY, STEADY RETURN &
LIQUIDITY, also benefit of leaving task of portfolio management to
experts.

SCHEMES include OPEN ENDED – tailored to suit the needs of different
categories of peoples & different purposes; CLOSE ENDED – Income &
Growth schemes. Thus, SUPER MARKET for instruments.

SUGGESTIONS of Deepak Parekh Committee: for sustaining investor
confidence & strengthening about US64 scheme by taking a) Measures to
provide financial support by enhancing promoter's stake, GOI
participation, etc…; b) Measures for qualitative changes in funding of
UTI through independent trustees in Board, reconstitute AMC,
NAV-driven schemes, etc...

LIFE INSURANCE CORPORATION (LIC) 1956: accumulate in the form of "life
fund" & is the single largest investor to subscribe/underwrite/provide
term loans;

Accretion to "Controlled Fund" invested as per Insurance Act, 1938:
<=20% in CG Marketable securities; <=25% (including above) as loan to
National Housing bank; <=50% (including above) in CG/SG securities;
<=75% (including above) in Social Oriented sectors; Balance (25%) as
per commercial judgement subject to Prudential Norms.

Investment for General Insurance Corporation (GIC) being <=20% in
CG/SG securities; <=15% to housing loans; <=55% to market sector &
Balance to Social Oriented Sectors.

NATIONAL BANK FOR AGRICULTURAL & RURAL DEVELOPMENT (NABARD) 1981 by merging agricultural credit & rural planning cell of RBI &
Agricultural Refinance Development Corporation (ARDC) as APEX
Development bank for promotion of agriculture, SSI, cottage & village
industries & economic activities in rural areas.

FUNCTIONS
*. CREDIT FUNCTION:
1. Refinance <=18months for seasonal agriculture, marketing of inputs,
& other production & marketing activities; conversion & rescheduling
of loans <=7years from out of "National Rural Credit
(Stabilisation/Long term operations) Fund".
2. Medium/Long term credit assistance to Banks/FI.
3. Incorporated the "Co-operative Development Fund" & Rural
Infrastructure Development Fund (RIDF) for quicker completion of
on-going projects.
*. DEVELOPMENT FUNCTION:
1. Assist & act as agents to Government & RBI for rural development efforts;
2. Assist SG to contribute to share capital of eligible institutions.
*. REGULATORY FUNCTION:
1. For Regional Rural Banks & Co-operative banks, NOT being Primary banks;
2. Undertake inspection & required to file returns & documents.

NATIONAL HOUSING BANK (NHB) 1987: Principal Agency of APEX institution
in housing finance & support services.

FUNCTIONS:
1. Promotion & Development: Equity support & conducts training;
2. Regulation & Supervision: S24 – power to inspect & call
information; S30 – regulate/prohibit issue of
Prospectus/Advertisement; S31 – collect information & issue
directions.
3. Financing: Equity & Re-financing for Land development & shelter
projects, Infrastructure projects & Slum re-development schemes;
front-end charge up to 2% of sanctiond amount.
4. Housing Finance Company (HFC) accepts deposits from public
(12-84months) & can give interest <=15% p.a. but such limit will not
apply if Net Owned Funds (NoF) >= 50lakhs.
5. HFC should have a minimum credit rating of "A" grade.
The major amendment being on default of loan, apply to Recovery
Officer, NOT under Transfer of Property Act.

LOAN SYNDICATION:
STEP1: When prospective borrower, approaches the Financial Institution
(Lead Manager/Mandated Institution) & request it to arrange for
credit;
STEP2: Such financial institution prepares Information Memorandum with
details of projects, credit requirements, terms, etc…
STEP3: Such information memorandum is for Prospective Lenders to
participate in credit offer;
STEP4: Such prospective lenders do Independent Evaluation of Borrower,
Project & Credit offer;
STEP5: Meeting of Financial Institution (FI) & prospective lenders for
finalisation & appoint Agent FI by entering into agreement with limits
for agency services;
STEP6: Such Agent FI communicates to borrower who then offers his
written consent & then executes documents based on "Single Window
Clearance".
STEP7:
Credit deposition by FIDisbursement of amountRepaymentProrata entitlement.

METHODS – Loan Syndication:
1. Direct Lending: Executing Independent loan agreement & Several liability;
2. Participation Method: Agent FI is the only lending bank.

Thats it...this chapter...come on...u r nearin Victory.....Enjoy passin...Vj

Consolidated Updates flash

FEMA Master Circulars http://thisisvj.googlepages.com/MasterCircularRFO.pdf & http://thisisvj.googlepages.com/MasterCiruclar-remittancefacilitiest.pdf

UPDATES FROM Dr.KSR's DESK

Date: 11/03/2008	MCA	RBI	SEBI	Dept. of Commerce (DoC)	Dept. of Industrial Policy & Promotion (DIPP)
Circulars	Nil	---	SEBI/CFD/DIL/MB/IS/1/2008/11/03 Instructions to Registered Merchant Bankers on PAN card along with Public Issue applications	---	Nil
Notifications	Nil	Nil	---	Nil	Nil
Guidelines	Nil	Nil	Nil	---	---
Reports	---	---	Nil	Nil	---
Rules	Nil	---	Nil	Nil	Nil
Regulations	Nil	Nil	Nil	Nil	Nil
Master Circulars	---	Nil	---	Nil	Nil
Concept Papers / Papers for Discussion / Public Comments	Nil	---	Nil	Nil	Nil
Press Release	Nil	Nil	PR No.88/2008 SEBI instructs Merchant Bankers not to demand for photocopy of PAN card along with Public Issue applications	Nil	Nil

Date: 12/03/2008	MCA	RBI	SEBI	Dept. of Commerce (DoC)	Dept. of Industrial Policy & Promotion (DIPP)
Circulars	Nil	---		---	Nil
Notifications	Nil	Nil	---	Nil	Nil
Guidelines	Nil	Nil	Nil	---	---
Reports	---	---	Nil	Nil	---
Rules	Nil	---	Nil	Nil	Nil
Regulations	Nil	Nil	Nil	Nil	Nil
Master Circulars	---	Nil	---	Nil	Nil
Concept Papers / Papers for Discussion / Public Comments	Nil	---	Nil	Nil	Nil
Press Release / Press Note	Nil	Press Release: 2007-2008/1186 Respect Your Banknotes: RBI appeals to Public	Nil	Nil	Press Note No.1 (2008) Guidelines for foreign investment in Credit Information Companies Press Note No.2 (2008) Guidelines for foreign investment in Commodity Exchanges Press Note No.3 (2008) Guidelines for Foreign Direct Investment in Industrial Parks Press Note No.4 (2008) FDI Policy for the Civil Aviation Sector Press Note No.5 (2008) Rationalisation of FDI Policy for the Petroleum & Natural Gas sector Press Note No.6 (2008) FDI Policy for mining of Titanium bearing minerals and ores

Date: 10/03/2008	MCA	RBI	SEBI	Dept. of Commerce (DoC)	Dept. of Industrial Policy & Promotion (DIPP)
Circulars	Nil	---	Nil	---	Nil
Notifications	Nil	RBI/2007-2008/260 DPSS No.1405 / 02.10.02 / 2007-2008 Customer charges for use of ATMs for cash withdrawal and balance enquiry RBI/2007-2008/261 DPSS No. 1407 / 02.10.02 / 2007-2008 Use of electronic mode of payment for large value transactions	---	Nil	Nil
Guidelines	Nil	Nil	Nil	---	---
Reports	---	---	Nil	Nil	---
Rules	Nil	---	Nil	Nil	Nil
Regulations	Nil	Nil	Nil	Nil	Nil
Master Circulars	---	Nil	---	Nil	Nil
Concept Papers / Papers for Discussion / Public Comments	Nil	---	Nil	Nil	Nil
Press Release	Nil	Nil	Nil	Prohibition on Export of Basmati & Non-Basmati Rice – PR Dated 07/03/2008	Nil