RBI Guidelines for Licensing of Small Finance Banks in the Private Sector

The Reserve Bank of India released on its website today, the Guidelines for Licensing of Small Finance Banks in the Private Sector.

Key features of the Small Finance Bank guidelines are:

i) Objectives:

The objectives of setting up of small finance banks will be to further financial inclusion by (a) provision of savings vehicles, and (ii) supply of credit to small business units; small and marginal farmers; micro and small industries; and other unorganised sector entities, through high technology-low cost operations.

ii) Eligible promoters: Resident individuals/professionals with 10 years of experience in banking and finance; and companies and societies owned and controlled by residents will be eligible to set up small finance banks. Existing Non-Banking Finance Companies (NBFCs), Micro Finance Institutions (MFIs), and Local Area Banks (LABs) that are owned and controlled by residents can also opt for conversion into small finance banks. Promoter/promoter groups should be ‘fit and proper’ with a sound track record of professional experience or of running their businesses for at least a period of five years in order to be eligible to promote small finance banks.

iii) Scope of activities :

The small finance bank shall primarily undertake basic banking activities of acceptance of deposits and lending to unserved and underserved sections including small business units, small and marginal farmers, micro and small industries and unorganised sector entities.

There will not be any restriction in the area of operations of small finance banks.

iv) Capital requirement: The minimum paid-up equity capital for small finance banks shall be Rs. 100 crore.

v) Promoter’s contribution: The promoter’s minimum initial contribution to the paid-up equity capital of such small finance bank shall at least be 40 per cent and gradually brought down to 26 per cent within 12 years from the date of commencement of business of the bank.

vi) Foreign shareholding: The foreign shareholding in the small finance bank would be as per the Foreign Direct Investment (FDI) policy for private sector banks as amended from time to time.

vii) Prudential norms :

The small finance bank will be subject to all prudential norms and regulations of RBI as applicable to existing commercial banks including requirement of maintenance of Cash Reserve Ratio (CRR) and Statutory Liquidity Ratio (SLR). No forbearance would be provided for complying with the statutory provisions.

The small finance banks will be required to extend 75 per cent of its Adjusted Net Bank Credit (ANBC) to the sectors eligible for classification as priority sector lending (PSL) by the Reserve Bank.

At least 50 per cent of its loan portfolio should constitute loans and advances of upto Rs. 25 lakh.

viii) Transition path: If the small finance bank aspires to transit into a universal bank, such transition will not be automatic, but would be subject to fulfilling minimum paid-up capital / net worth requirement as applicable to universal banks; its satisfactory track record of performance as a small finance bank and the outcome of the Reserve Bank’s due diligence exercise.

ix) Procedure for application: In terms of Rule 11 of the Banking Regulation (Companies) Rules, 1949, applications shall be submitted in the prescribed form (Form III) to the Chief General Manager, Department of Banking Regulation, Reserve Bank of India, 13th Floor, Central Office Building, Mumbai – 400 001. In addition, the applicants should furnish the business plan and other requisite information as indicated. Applications will be accepted till the close of business as on January 16, 2015. After experience gained in dealing with small finance banks, applications will be received on a continuous basis. However, these guidelines are subject to periodic review and revision.

x) Procedure for RBI decisions :

An External Advisory Committee (EAC) comprising eminent professionals like bankers, chartered accountants, finance professionals, etc., will evaluate the applications.

The decision to issue an in-principle approval for setting up of a bank will be taken by the Reserve Bank. The Reserve Bank’s decision in this regard will be final.

The validity of the in-principle approval issued by the Reserve Bank will be eighteen months.

The names of applicants for bank licences will be placed on the Reserve Bank’s website.

Background

It may be recalled that in the Union Budget 2014-2015 presented on July 10, 2014, the Hon’ble Finance Minister announced that:

“After making suitable changes to current framework, a structure will be put in place for continuous authorization of universal banks in the private sector in the current financial year. RBI will create a framework for licensing small banks and other differentiated banks. Differentiated banks serving niche interests, local area banks, payment banks etc. are contemplated to meet credit and remittance needs of small businesses, unorganized sector, low income households, farmers and migrant work force”.

Accordingly, the draft guidelines for licensing of small banks in the private sector were formulated and released for public comments by RBI on July 17, 2014.

Several comments and suggestions were received from interested parties and public on the draft guidelines. Considering the feedback received, the guidelines have been finalised.

Alpana Killawala
Principal Chief General Manager

Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions

RBI/2014-15/53
DNBS (PD) CC No 379/03.02.001/2014-15

July 1, 2014

To

All Non-Banking Financial Companies (except Residuary Non-Banking Companies
and Miscellaneous Non-Banking Companies)

Dear Sirs,

Master Circular – “Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998”

As you are aware, in order to have all current instructions on the subject at one place, the Reserve Bank of India issues updated circulars / notifications. The instructions contained in the Notification No.DFC.118/DG (SPT)-98 dated January 31, 1998 updated as on June 30, 2014 are reproduced below.

Yours faithfully,

(K. K. Vohra)
Principal Chief General Manager

Exemptions for Private Companies under Companies Act, 2013

The Ministry of Corporate Affairs has issued a draft notification which is being placed before both the Houses of Parliament to provide privileges and exemptions to Private Companies and to receive public comments till 1st July, 2014 in exercise of the powers conferred by subsection (2) of section 462 of the Companies Act, 2013, namely:

1. Chapter IV : Section 43 and 47 dealing with kinds of share capital and voting rights respectively.

2. Chapter IV : Clause (a) of sub-section (1) of Section 62 which deals with the time period for the Rights Issue and sub-section (2) of Section 62 which deals with the Employee Stock Options.

Words ‘not being less than fifteen days and not exceeding thirty days’ shall be substituted with ‘not being less than seven days and not exceeding fifteen days’

3. Chapter IV, clause (b) of sub-section (1) of section 62 Shall apply except that instead of special resolution, ordinary resolution would be required, which means that for Rights issue now ordinary resolution will suffice.

4. Chapter V, sub-section (2) of section 73 which deals with Prohibition on acceptance of Deposits shall not apply to private companies having 50 or less number of members if they accept monies from their members not exceeding twenty five per cent of aggregate of the paid up capital and free reserves or one hundred per cent of the paid up capital, whichever is more, and which inform the details of such monies to the Registrar in the prescribed manner.

5. Chapter VII, sections 101 to 107 dealing with the provision with respect to the General meetings and section 109, demand for poll shall apply unless
- otherwise specified in respective sections or
- unless articles of the private
company otherwise provide.

6. Chapter X, Clause (g) of sub-section (3) of section 141 Shall not apply in respect of
appointment of auditors by private companies.

7. Chapter XI, section 160 dealing with the rights of persons other than directors to satnd for directorships shall not apply.

8. Chapter XI, section 162 which deals with the Appointment of Directors to be voted individually shall not apply.

9. Chapter XII, Section 180 dealing with the restrictions on the powers of Board shall not apply to private companies having 50 or less number of members.

10. Chapter XII, section 185 dealing with the Loans to Directors shall not apply to Private
companies -
(a) which have borrowings from banks or financial institutions or any bodies corporate not more than twice of their paid up share capital or Rs. 50 crore,
whichever is lower; and
(b) in whose share capital no other body corporate has
invested any money”.

11. Chapter XII, section 188 dealing with Related Party Transactions shall not apply.

12. Chapter XIII, section 196, sub-section (4) and sub- section (5) which requires that the appointment of Managing Director, Whole time director or manager shall be subject to the approval of the members in the General Meeting shall not apply.

13. Chapter XIII, sub-section (3), section 203 which says that a Whole time Key Managerial Personnel shall not hold office in more than one company except in its subsidiary shall not apply.

The notification containing the above details can be accessed at the link given below.

Official Liquidator at Hyderabad to act for Telangana

The Ministry of Corporate Affairs has issued a notification dated 13th June, 2014 No. S.O. 1524(E) which declares and establish the office of the Official Liquidator at Hyderabad to have territorial jurisdiction for the purposes of discharging the functions of Official Liquidator in the whole State of Telengana.

The notification containing the above details can be accessed below:


New Delhi, the 13th June, 2014

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)]
Government of India

Ministry of Corporate Affairs
Notification

S.O. 1524(E).- In exercise of powers conferred by section 448 of the Companies Act, 1956 (1 of 1956), the Central Government hereby establish the office of the Official Liquidator at Hyderabad having territorial jurisdiction for the purposes of the said Act for discharging the functions of the Official Liquidator in the whole State of Telengana and appoints the Official Liquidator at Hyderabad as Official Liquidator for the liquidation of companies under the said Act in the State of Telengana.

2. This notification shall come into force from the date of its publication in the Official Gazette

[F. No. 7/4/2014-CL.I(A)]

Amardeep Singh Bhatia
Joint Secretary to the Government of India

Himachal Pradesh Minimum Wages Notification 03/06/2014

No. Shram (A)4-8/2006-Partfile.—Whereas the Governor, Himachal Pradesh is of the opinion that the minimum rates of wages in respect of unskilled category of workers in the Scheduled employment of “Agriculture” may be revised with effect from 1st April,2014.