RBI Circular on Interest Rates on Deposits

RBI/2014-15/554
DBR.No.Dir.BC.87/13.03.00/2014-15
April 16, 2015
All Scheduled Commercial Banks
(Excluding RRBs)

Dear Sir/ Madam

Interest Rates on Deposits

Please refer to our circulars DBOD. No. Dir.BC.36/13.03.00/98 dated April 29, 1998, DBOD. No. Dir.BC.07/13.03.00/2001-02 dated August 11, 2001 and DBOD. No. Dir. BC.74/13.03.00/2012-13 dated January 24, 2013 in terms of which banks are allowed to offer differential rates of interest on term deposits on the basis of tenor for deposits less than ₹ 1 crore and on the basis of quantum and tenor on term deposits of ₹ 1 crore and above.

2. In this connection, attention is invited to paragraph 29 of sixth Bimonthly Monetary Policy Statement- 2014-15 announced on February 3, 2015 whereby it was decided to introduce the feature of early withdrawal facility in a term deposit as a distinguishing feature for offering differential rates of interest. Accordingly, banks will have the discretion to offer differential interest rates based on whether the term deposits are with or without-premature-withdrawal-facility, subject to the following guidelines:

All term deposits of individuals (held singly or jointly) of ₹ 15 lakh and below should, necessarily, have premature withdrawal facility.

For all term deposits other than (i) above, banks can offer deposits without the option of premature withdrawal as well. However, banks that offer such term deposits should ensure that at the customer interface point the customers are, in fact, given the option to choose between term deposits either with or without premature withdrawal facility.

Banks should disclose in advance the schedule of interest rates payable on deposits i.e. all deposits mobilized by banks should be strictly in conformity with the published schedule.

The banks should have a Board approved policy with regard to interest rates on deposits including deposits with differential rates of interest and ensure that the interest rates offered are reasonable, consistent, transparent and available for supervisory review/scrutiny as and when required.

Yours faithfully,
(Lily Vadera)
Chief General Manager

Draft RBI Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by NBFCs

The Reserve Bank of India has released on its website today, the draft Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by NBFCs for seeking comments/ views from interested parties and general public. The suggestions/ comments on the draft guidelines may be emailed or sent by post to the Chief General Manager, Department of Non-Banking Regulation, Reserve Bank of India, Central Office, 2nd Floor, Centre-1, World Trade Centre, Cuffe Parade, Colaba, Mumbai–400005 on or before May 8, 2015.

Background:

Financial institutions are increasingly outsourcing some of their operations as a means to access specialist expertise, not available internally, and to reduce operational costs. ‘Outsourcing’ may be defined as a Financial Institution’s use of a third party (either an affiliated entity within a corporate group or an entity that is external to the corporate group) to perform activities on a continuing basis or for a limited period of time, that would normally be undertaken by the financial institution itself. Outsourcing involves several risks which need to be managed. It is observed that Non-Banking Financial Companies (NBFCs) also extensively outsource some of their operations. Taking into consideration the need to put in place appropriate safeguards for addressing those risks, and in compliance with the recommendations of the Financial Sector Legislative Reforms Commission (FSLRC), it has been decided to lay down a framework for outsourcing for NBFCs.

Applicability:

These guidelines are applicable to all NBFCs including Core Investment Companies and Primary Dealers. It may be noted that it is entirely for the NBFCs to take a view on the desirability of outsourcing a permissible activity related to financial services having regard to all relevant factors, including the commercial aspects of the decision and the risks involved. However, should an NBFC, in its own judgment, decide to outsource a financial services activity, necessary safeguards for addressing the risks inherent in such outsourcing should be put in place, as detailed in these guidelines.

The final guidelines will be issued after taking into consideration the feedback, comments and suggestions on the draft guidelines.

Sangeeta Das
Director

Press Release : 2014-2015/2147

Model Draft Board Report Under The Companies Act, 2013

Unlike Section 217 of the old Companies Act, 1956, Section 134 of the new Companies Act, 2013 is very exhaustive and provides lots of useful information about the management and its activities to the Shareholders. Most of the information are ‘Compliance Related’. To name a few, ”Details of Deposits received and the loans made and the guarantees provided, contracts entered with related parties have to be furnished in the Board Report. Besides, the details of major shareholders and the Directors have to be given in in MGT-9 which forms as an attachment to the Board Report. In addition to the information to be provided asper Section 134, the Companies Act, 2013 has also mentioned in some of the other Sections and in the Rules, certain relevant information to be provided in the Board Report. The Professional has the task of going through the applicability of those sections and rules and provide necessary information in the Board Report.

I would like to touch upon one issue which would be bothering the professionals and the Directors.

Sub Section 2 AA was inserted in Section 217 which provides for a ”Responsibility Statement in to be furnished in the Board Report. Now some more clauses are added in the Responsibility Statement In Subsection 5 of Section 134 in addition to the existing ones. The most talked point in various forums is one point given as a Responsibility Statement ie. Clause (f) of Sub Section 5 of Section 134. This is the most controversial and irrational Statement which any Director signing the report could give. The Directors have to declare that they have devised proper systems to ensure compliance with the provisions of all the applicable laws and such systems were adequate and operating effectively. The wordings of the statement is very vague but cannot be ignored. How do we judge whether a system introduced and implemented is adequate and effective. In my view, the Board report should have contained information about the details of important laws applicable to the Company and information with regard to violations in terms of Statutory Remittances, Filing of Returns, Maintenance of Registers and any other matter requiring compliance. I fear that most of the Companies will get the signatures from the Directors in the Board Report without explaining its significance as the statement is too generic. Almost 90% of the Companies registered in India are either medium sized and small Private Limited Companies. The following points are worth considering in this regard.


a. The Directors who signs the report have to depend on professionals to say that the management has put effective system in place for compliance of various applicable laws.

b. The Professionals have to depend on the management to find which laws are applicable depending on the nature of the Industry.

c. The professional should be knowledgeable enough to advise the client with regard to applicability of various laws.

d. Who has to decide which proper system would be adequate enough to ensure its effectiveness. The Management would say that we have separate consultants for compliance with each of the important laws viz., Labour Laws, Service Tax, VAT, Income tax and Company Law and other Laws . The Directors would argue that this itself is a proper system for effective compliance. Whether we need to go little further and introduce a proper reporting system and who has to design such a system ? Whether the Board is knowledgeable enough to go through all the records available and then certify ?

e. How does one find which Law is applicable to which Company as we have thousands of laws. Even a professional with reasonable degree of knowledge may not be aware all the applicable laws and may blink if he is questioned.

f. Any violation of a particular provision of an Act may amount to improper system in place resulting in false declaration by the Directors in the Board Report .

g. What is the remedy if proper system is not in place ? Does the Board have the authority to modify the responsibility statement as no one can force a person to declare a statement which is not true ? Is it possible to give a statement as upto what extent the statement is not true ?

This one responsibility statement is a big subject by itself and would be debated heavily in various forums/seminars in the months to come. Our Honourable minister Mr.Arun Jaitly has assured that the Government shall constitute a group which will keep reviewing the functioning of the Act to realise where the shoe pinches. Let us hope that this responsibility statement drafted irrationally will be reviewed by the group.

The seriousness of the responsibility statement will be known only when one reads the penal provisions. Section 134(8) states that the Company shall be punishable with a fine of not less than Rs.50,000/- and may extend upto Rs.25 lakhs and every officer who is in default shall be punishable with the same amount of fine of Rs.50,000 but may extend upto Rs.5 lakhs or the officers may end up in imprisonment upto a maximum period of three years or both. The officer in default is defined under Section 2(60) of the Act. The prosecuting authority may also invoke Sections 447 and 448 for giving any false Statement.

The professional who is going to handle the finalisation of Accounts this year should apprise the Board about proper compliance of Section 134 and its consequences of non compliance.

A Model Board Report applicable to Unlisted Public Company and Private Limited Companies is given to the viewers to study and make use of it. . Most of the information to be provided in the Board Report could be given by way of Annexures.
BOARD REPORT
To the Members,
Your Directors have pleasure in submitting their …… Annual Report of the Company together with the Audited Statements of Accounts for the year ended 31st March, ………
1.FINANCIAL RESULTS
The Company’s financial performance for the year under review alongwith previous years figures are given hereunder :
Particulars For the Year ended ……………..
(Amount in ‘000’)
For the year ended For the year ended
…………………………. ………………………..

Net Sales /Income from
Business Operations
Other Income
Total Income
Less Interest
Profit before Depreciation
Less Depreciation
Profit after depreciation and Interest
Less Current Income Tax
Less Previous year adjustment of Income Tax ,
Less Deferred Tax
Net Profit after Tax
Dividend (including Interim if any and final )
Net Profit after dividend and Tax
Amount transfered to General Reserve
Balance carried to Balance Sheet
Earning per share (Basic)
Earning per Share(Diluted)

2. DIVIDEND
In the month of …………the Company declared an Interim Dividend of Rs……per share . Your Directors are pleased to recommend a final dividend of Rs……per share aggregating to Rs…..per share (both inclusive interim and final) for the current financial year. The dividend if approved and declared in the forthcoming Annual General meeting would result a total Dividend outflow of Rs………and Dividend Distribution Tax of Rs…… aggregating a total outflow of Rs…………..
or
Your Directors are pleased to recommend a dividend of Rs…per share aggregating to Rs…..per share for the current financial year. The dividend if approved and declared in the forthcoming Annual General meeting would result a Dividend outflow of Rs………and dividend Distribution Tax of Rs…… aggregating a total outflow of Rs…………..
or
No Dividend was declared for the current financial year due to conservation of Profits/due to loss incurred by the Company /due to insufficient profit.
3. TRANSFER OF UNCLAIMED DIVIDEND TO INVESTOR EDUCTION AND PROTECTION FUND
In terms of Section 125 of the Companies Act, 2013, any unclaimed or unpaid Dividend relating to the financial year…………is due for remittance on…………..to the Investor Eduction and Protection Fund established by the Central Government.
or
Since there was no unpaid/unclaimed Dividend declared and paid last year, the provisions of Section 125 of the Companies Act, 2013 do not apply.
or
The provisions of Section 125(2) of the Companies Act, 2013 do not apply as there was no dividend dlclared and paid last year.
4. REVIEW OF BUSINESS OPERATIONS AND FUTURE PROSPECTS
Your Directors wish to present the details of Business operations done during the year under review:
a. Production and Profitability
b. Sales
c. Marketing and Market environment
d. Future Prospects including constraints affecting due to Government policies
5. MATERIAL CHANGES AND COMMITMENT IF ANY AFFECTING THE FINANCIAL POSITION OF THE COMPANY OCCURRED BETWEEN THE END OF THE FINANCIAL YEAR TO WHICH THIS FINANCIAL STATEMENTS RELATE AND THE DATE OF THE REPORT
No material changes and commitments affecting the financial position of the Company occurred between the end of the financial year to which this financial statements relate on the date of this report
or
The following material changes and commitment occurred during the year under review affecting the financial position of the Company.

6. CONSERVATION OF ENERGY, TECHNOLOGY ABSORPTION, FOREIGN EXCHANGE EARNINGS AND OUTGO
The information pertaining to conservation of energy, technology absorption, Foreign exchange Earnings and outgo as required under Section 134 (3)(m) of the Companies Act, 2013 read with Rule 8(3) of the Companies (Accounts) Rules, 2014 is furnished in Annexure…….and is attached to this report.
or
The provisions of Section 134(m) of the Companies Act, 2013 do not apply to our Company. There was no foreign exchange inflow or Outflow during the year under review.
or
The provisions of Section 134(m) of the Companies Act, 2013 do not apply to our Company. The toal Foreign Exchange Inflow was Rs…………….and Outflow was Rs…………………..during the year under review.
7. STATEMENT CONCERNING DEVELOPMENT AND IMPLEMENTATION OF RISK MANAGEMENT POLICY OF THE COMPANY
The Company has adopted the following measures concerning the development and implementation of a Risk Management Policy after identifying the following elements of risks which in the opinion of the Board may threaten the very existence of the Company itself.
a.
b.
c.
d.

or
The Company does not have any Risk Management Policy as the elements of risk threatening the Company’s existence is very minimal.
8. DETAILS OF POLICY DEVELOPED AND IMPLEMENTED BY THE COMPANY ON ITS CORPORATE SOCIAL RESPONSIBILITY INITIATIVES
The Company has not developed and implemented any Corporate Social Responsibility initiatives as the said provisions are not applicable.
or
The Company has developed and implemented the following Corporate Social Responsibility initiatives during the year under review.
The Annual Report on Company’s CSR activities of the Company is furnished in Annexure…. and attached to this report.
or
The Company has made the relevant provisions for CSR activities in the Books of Accounts and has deposited the money in a seperate Bank Account. The Company shall find out ways and means to spend the same in the coming months and shall submit the relevant report in the ensuing year. The Company could not spend the money before finalising this report as the time was too short to identify suitable projects for spending the same.
9. PARTICULARS OF LOANS, GUARANTEES OR INVESTMENTS MADE UNDER SECTION 186 OF THE COMPANIES ACT, 2013
The particulars of Loans, guarantees or investments made under Section 186 is furnished in Annexure …..and is attached to this report.
or
There was no loans, guarantees or investments made by the Company under Section 186 of the Companies Act, 2013 during the year under review and hence the said provision is not applicable.
10. PARTICULARS OF CONTRACTS OR ARRANGEMENTS MADE WITH RELATED PARTIES
The particulars of Contracts or Arrangements made with related parties made pursuant to Section 186 is furnished in Annexure…..and is attached to this report.
or
There was no contract or arrangements made with related parties as defined under Section 188 of the Companies Act, 2013 during the year under review.
11. EXPLANATION OR COMMENTS ON QUALIFICATIONS, RESERVATIONS OR ADVERSE REMARKS OR DISCLAIMERS MADE BY THE AUDITORS AND THE PRACTICING COMPANY SECRETARY IN THEIR REPORTS
There was no qualifications, reservations or adverse remarks made by the Auditors in their report. The provisions relating to submission of Secretarial Audit Report in not applicable to the Company .
or
There was no qualifications, reservations or adverse remarks made by the either by the Auditors or by the Practicing Company Secretary in their respective reports.
or
The explanations /comments made by the Board relating to the qualifications, reservations or adverse remarks made by the Auditors in their report are furnished Annexure … and is attached to this report. The provisions relating to submission of Secretarial Audit Report in not applicable to the Company.
or
The explanations /comments made by the Board relating to the qualifications, reservations or adverse remarks made by the Auditors and the Practicing Company Secretary in their respective reports are furnished Annexure …. and ….  are attached to this report.
or
The explanations /comments made by the Board relating to the qualifications, reservations or adverse remarks made by the Auditors in their report are furnished Annexure …. and is attached to this report. There was no adverse comments, qualifications or reservations or adverse remarks in the Secretarial Audit Report.
12. COMPANY’S POLICY RELATING TO DIRECTORS APPOINTMENT, PAYMENT OF REMUNERATION AND DISCHARGE OF THEIR DUTIES
The provisions of Section 178(1) relating to constitution of Nomination and Remuneration Committee are not applicable to the Company and hence the Company has not devised any policy relating to appointment of Directors, payment of Managerial remuneration, Directors qualifications, positive attributes, independence of Directors and other related matters as provided under Section 178(3) of the Companies Act, 2013.
or
The Company’s Policy relating to appointment of Directors, payment of Managerial remuneration, Directors’ qualifications, positive attributes, independence of Directors and other related matters as provided under Section 178(3) of the Companies Act, 2013 is furnished in Annexure …. and  is attached to this report
13. ANNUAL RETURN
The extracts of Annual Return pursuant to the provisions of Section 92 read with Rule 12 of the Companies (Management and administration ) Rules, 2014 is furnished in Annexure ….. and is attached to this Report.
14. NUMBER OF BOARD MEETINGS CONDUCTED DURING THE YEAR UNDER REVIEW
The Company had ……Board meetings during the financial year under review.
15. DIRECTORS RESPONSIBILITY STATEMENT
In accordance with the provisions of Section 134(5) of the Companies Act, 2013 the Board hereby submit its responsibility Statement:—
(a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures;

(b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period;
(c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud and other irregularities;
(d) the directors had prepared the annual accounts on a going concern basis; and
(e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively.- Not applicable to Private Limited Company.
Internal financial control means the policies and procedures adopted by the Company for ensuring the orderly and efficient conduct of its business including adherence to Company’s policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records and the timely preparation of reliable financial information.

(f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively.
16. SUBSIDIARIES, JOINT VENTURES AND ASSOCIATE COMPANIES
The Company does not have any Subsidiary, Joint venture or Associate Company .
or
The details of financial performance of Subsidiary/ Joint Venture/Associate Company is furnished in Annexure …. and attached to this report.
17. DEPOSITS
The Company has neither accepted nor renewed any deposits during the year under review.
or
The details of deposits accepted/renewed during the year under review are furnished hereunder
SL.NO PARTICULARS AMOUNT IN RS
a) Amount accepted during the year
b) Amount remained unpaid or unclaimed
as at the end of the year

c) whether there has been any default in repayment of deposits or payment of interest thereon during the year and if so, number of such cases and the total amount involved
i) at the beginning of the year
ii) maximum during the year
iii) at the end of the year

18. DIRECTORS
There was no Director who got reelected/reappointed during the year under review
Mr………………who was appointed as Additional Director on …………….and holds the said office till the date of the Annual General Meeting. A notice has been received from a member proposing his candidature for his reappointment.

or
Mr……………and Mr………………….retire at this Annual General Meeting and being eligible offer themselves for re election.
19. DECLARATION OF INDEPENDENT DIRECTORS
The Independent Directors have submitted their disclosures to the Board that they fulfill all the requirements as stipulated in Section 149(6) of the Companies Act, 2013 so as to qualify themselves to be appointed as Independent Directors under the provisions of the Companies Act, 2013 and the relevant rules.
or
The provisions of Section 149 pertaining to the appointment of Independent Directors do not apply to our Company.
20. STATUTORY AUDITORS
M/s __________________, Chartered Accountants, ……………… were appointed as  Statutory Auditors for a period of ……….years in the Annual General Meeting held on………… Their continuance  of appointment and payment of remuneration are to be confirmed and approved in the ensuing Annual General Meeting. The Company has received a certificate from the above Auditors to the effect that if they are reappointed, it would be in accordance with the provisions of Section 141 of the Companies Act, 2013.
21. RISK MANAGEMENT POLICY
The Statement showing the details regarding the development and implementation of Risk Management Policy of the Company is furnished in Annexure…. and attached to this report . The risk management includes identifying types of risks and its assessment, risk handling and monitoring and reporting.
22. DISCLOSURE OF COMPOSITION OF AUDIT COMMITTEE AND PROVIDING VIGIL MECHANISM
The provisions of Section 177 of the Companies Act, 2013 read with Rule 6 and 7 of the Companies (Meetings of the Board and its Powers) Rules, 2013 is not applicable to the Company.
or
The Audit Committee consists of the following members
a.
b.
c.
The above composition of the Audit Committee consists of independent Directors viz., Mr……………… and Mr………….. who form the majority.

The Company has established a vigil mechanism and overseas through the committee, the genuine concerns expressed by the employees and other Directors. The Company has also provided adequate safeguards against victimization of employees and Directors who express their concerns. The Company has also provided direct access to the chairman of the Audit Committee on reporting issues concerning the interests of co employees and the Company.
23. SHARES
a. BUY BACK OF SECURITIES
The Company has bought back …………..equity shares of Rs…..each for a total consideration of Rs……………in accordance with the provisions of Section 68 of the Companies Act, 2013 read with Rule 17 of the Companies (Share Capital and Debentures) Rules, 2014. The said buy back of shares constituted ……% of the total paid up Capital and free reserves.
or
The Company has not bought back any of its securities  during the year under review.
b. SWEAT EQUITY
The Company has issued ……….Equity of Shares of Rs…..each as Sweat Equity in accordance with the provisions of Section 54 of the Companies Act, 2013 read with Rule 8 of the Companies (Share Capital and Debentures) Rules, 2014
or
The Company has not issued any Sweat Equity Shares during the year under review.
c. BONUS SHARES
The Company has issued ……shares of Rs………as Bonus Shares to the existing shareholders of the Company in the proportion of …….share for every…….shares held in accordance with the provisions of Section 63 of the Companies Act, 2013 read with Rule 14 of the Companies(Share Capital and Debentures), Rules 2014.
or
No Bonus Shares were issued during the year under review.
d.EMPLOYEES STOCK OPTION PLAN
The Company had issued ……….Equity Shares of Rs.10/- aggregating to Rs……………under the Employees Stock Option Plan during the year under review .
or
The Company has not provided any Stock Option Scheme to the employees.
24. ACKNOWLEDGEMENTS
Your Directors place on record their sincere thanks to bankers, business associates, consultants, and various Government Authorities for their continued support extended to your Companies activities during the year under review. Your Directors also acknowledges gratefully the shareholders for their support and confidence reposed on your Company.
FOR AND ON BEHALF OF THE BOARD OF DIRECTORS
Director                                                 Director
Date:
Place:

RBI Circular: Review of FDI PolicySector Specific Conditions-Insurance Sector

RBI/2014-15/545
A. P. (DIR Series) Circular No.94
April 08, 2015

To

All Authorised Dealer Category-I Banks

Madam / Sir,

Foreign Direct Investment (FDI) in India – Review of FDI policy –Sector Specific conditions- Insurance sector

Attention of Authorised Dealer Category – I (AD Category-I) banks is invited to Annex B of Schedule 1 to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 notified vide Notification No. FEMA 20/2000-RB dated May 3, 2000, as amended from time to time. In terms of Schedule 1 to the Notification ibid, 26% Foreign Direct Investment (FDI) is permitted under Automatic route in Insurance sector subject to conditions.

2. The extant FDI policy for Insurance sector has since been reviewed and further liberalized. Accordingly, with immediate effect, FDI in Insurance sector shall be permitted up to 49% subject to the revised conditions specified in the Press Note 3 (2015 Series) dated March 2, 2015. Also, a new activity viz. “Other Insurance Intermediaries appointed under the provisions of Insurance Regulatory and Development Authority Act, 1999 (41 of 1999)” has been included within the definition of ‘Insurance’.

3. Besides, the salient changes over the existing regime include:

Foreign investment in Indian insurance company shall be limited up to forty-nine percent of the paid up equity capital;
Foreign direct investment up to 26 percent shall be under automatic route and beyond 26 percent and up to 49 percent shall be with Government approval;
Foreign investment in the sector is subject to compliance of the provisions of the Insurance Act, 1938 and the condition that companies bringing in FDI shall obtain necessary license from the Insurance Regulatory & Development Authority of India for undertaking insurance activities.
An Indian insurance company shall ensure that its ownership and control remains at all times in the hands of resident Indian entities;
Foreign portfolio investment in an Indian insurance company shall be
governed by the provisions of Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000 and provisions of the Securities Exchange Board of India (Foreign Portfolio Investors) Regulations.
Any increase of foreign investment of an Indian insurance company shall be in accordance with the pricing guidelines specified by Reserve Bank of India under the Foreign Exchange Management Act, 1999.
Terms ‘Control’, ‘Equity Share Capital’, ‘Foreign Direct Investment’ (FDI),
‘Foreign Investors’, ‘Foreign Portfolio Investment’, ‘Indian Insurance
Company’, ‘Indian Company’, ‘Indian Control of an Indian Insurance
Company’, ‘Indian Ownership’, ‘Non-resident Entity’, ‘Public Financial
Institution’, ‘Resident Indian Citizen’, ‘Total Foreign Investment’ will have the same meaning as provided in Notification No. G.S.R 115 (E), dated 19th February, 2015.
4. A copy of Press Note 3 (2015 Series) dated March 2, 2015 issued in this regard by DIPP, Ministry of Commerce & Industry, Government of India is appended.

5. Reserve Bank has since amended the Principal Regulations through the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (­Third Amendment) Regulations, 2015 notified vide Notification No. FEMA.340/2015-RB dated March 3, 2015, c.f. G.S.R. No. 183 (E) dated March 12, 2015

6. AD Category – I banks may bring the contents of this circular to the notice of their constituents and customers concerned.

7. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,

(B. P. Kanungo)
Principal Chief General Manager

Prudential Norms on Income Recognition, Asset Classification &Provisioning pertaining to Advances

RBI/2014-15/539
DBR.No.BP.BC.85/21.04.048/2014-15

April 6, 2015

All Scheduled Commercial Banks
(Excluding Regional Rural Banks)

Dear Sir,

Prudential Norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances – Refinancing of Exposures to Borrowers

In terms of circular DBOD.No.BP.BC.107/21.04.048/2013-14 dated April 22, 2014 and A.P. (DIR Series) Circular No.129 dated May 9, 2014, Indian companies are not permitted to raise external commercial borrowings (ECB) from overseas branches / subsidiaries of Indian banks for the purpose of refinance / repayment of the rupee loans raised from the domestic banking system.

2. Further, in terms of the circular dated April 22, 2014, it was advised that utilisation of export advances, received on the strength of guarantees issued by Indian banks, for repayment of loans availed of from Indian banks (except in cases where banks have received approvals under the Foreign Exchange Management Act 1999) is not in compliance with our instructions. In this connection, in terms of instructions contained in A.P. (DIR Series) Circular No.132 dated May 21, 2014 on ‘Export of Goods – Long Term Export Advances’, eligible exporters were allowed to receive long term export advance to be utilized for execution of long term supply contracts for export of goods. Such exporters were also allowed to use such export advances to liquidate rupee loans which are not classified as non-performing assets as per the Reserve Bank of India asset classification norms, subject to certain conditions.

3. In this connection, it is reiterated that export performance guarantees, where permitted to be issued, shall strictly be in the nature of performance guarantee and shall not contain any clauses which may in effect allow such performance guarantees to be utilised as financial guarantees/Standby Letters of Credits.

4. It has been observed that the facility of long term export advances is primarily being utilised for refinancing rupee loans of borrowers instead of being used for execution of long term supply contracts for export of goods. In order to ensure that long term export advances are used for the intended purpose, it is advised that while eligible Indian companies may continue to avail of the facilities available to them under the guidelines mentioned in the above paragraphs, any repayment/refinancing of rupee loans with foreign currency borrowings/export advances, where permitted, will be subject to the following conditions:

a) If the foreign currency borrowings/export advances, where permitted under the guidelines issued under the Foreign Exchange Management Act, 1999 (42 of 1999), are obtained from lenders who are not part of the Indian banking system (Indian banking system would include all banks in India and overseas branch/subsidiary/joint venture of Indian banks) without any support from the Indian banking system in the form of Guarantees/Standby Letters of Credit/Letters of Comfort etc., the same may be utilised to refinance/repay loans availed from the Indian banking system.

b) If the foreign currency borrowings/export advances are obtained:

from lenders who are part of Indian banking system (where permitted); or
with support (where permitted) from the Indian banking system in the form of Guarantees/Standby Letters of Credit/Letters of Comfort, etc.;
then, in addition to any applicable guidelines issued under the Foreign Exchange Management Act, 1999 (42 of 1999), the refinance shall be treated as ‘restructuring’ (and classified/provided for as per extant prudential norms on income recognition, asset classification and provisioning), if the above borrowings/export advances are extended to a borrower who is under financial difficulty and involve concessions that the bank would otherwise not consider. A non-exhaustive and indicative list of signs of financial difficulty isannexed.

5. It is further advised that repayment/refinancing of foreign currency borrowings outstanding with a bank, by way of rupee loans or another foreign currency loan (where permitted) or based on support (where permitted) in the form of Guarantees/Standby Letters of Credit/Letters of Comfort, etc. from lenders who are part of Indian banking system would also be governed by the prudential guidelines stipulated at 4(b) above.

Yours faithfully,

(Sudarshan Sen)
Chief General Manager-in-Charge

Annex

Non-Exhaustive Indicative List of Signs of Financial Difficulty

Continuous irregularities in cash credit/overdraft accounts such as inability to maintain stipulated margin on continuous basis or drawings frequently exceeding sanctioned limits, periodical interest debited remaining unrealised;
Repeated undue delay in making timely payment of instalments of principal and interest on term loans;
Undue delay in meeting commitments towards payments of installments due, crystallized liabilities under LC/BGs, etc.
Continuing inability to adhere to financial loan covenants;
Failure to pay statutory liabilities, non- payment of bills to suppliers of raw materials, water, power, etc.;
Non-submission or undue delay in submission or submission of incorrect stock statements and other control statements, delay in publication of financial statements and excessively qualified financial statements;
Delay in project implementation;
Downward migration of internal/external ratings/rating outlook.