Clarifications to Queries on Guidelines for Licensing of New Banks in the Private Sector
(Please refer to the answer to the Question No. 8 above)
A. At the time of entering into a sell/buy swap with RBI A bank enters into a swap deal with RBI for a swap tenor for 1235 days on 19 September 2013. |
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Near/Spot leg |
23 Sep 2013 |
|
Far Leg (Spot leg plus tenor of 1235 days) |
09 Feb 2017 |
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Near leg (Buy for RBI) |
Far Leg (Sell for RBI) |
Value Dates |
23 Sep 2013 |
09 Feb 2017 |
Swap Amount (Principal) |
USD 1 million |
USD 1 million |
USD-INR Rates |
62.6390 |
70.4419* |
* Computed by compounding the near leg rate of 62.6390 at 3.5 per cent semi-annually for the tenor of the swap, i.e. 1235 days. Transaction with RBI: On September 19, 2013, the bank will enter into a sell/buy swap with RBI for USD one million at 62.6390/70.4419. The sell leg is undertaken at that day’s RBI reference rate. B. At the time of cancellation/ termination of the swap consequent upon premature withdrawal of the underlying FCNR (B) deposits If the swap is terminated after 756 days, the residual tenor of the swap would stand at 479 days. The swap cost would be re-fixed as under: Revised swap cost to be applied for the completed tenor of the swap (756 days) would be equal to 14.9 % (3.5%+4.0%+7.4%). It is assumed that the prevailing USDINR swap rate for residual tenor of 469 days at the time of cancellation is 7.4%. The revised swap cost would be adjusted in the first leg of the new swap transaction (buy/sell) to be undertaken by the bank with RBI. |
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New Swap to be undertaken at the time of cancellation of existing swap |
Near leg (Sell for RBI) |
Far Leg (Buy for RBI) |
Value Dates |
19 Oct 2015 |
09 Feb 2017 |
Rates |
84.3561 |
70.4419 |
Transaction with RBI: On October 15, 2015, the bank will enter into a buy/sell swap with RBI for USD one million at 84.3561/70.4419. |
Ans. Yes, under intimation to Reserve Bank, FED, CO Cell, Sansad Marg, New Delhi 110 001.
Response
Banks should offer the ATM Debit Cards free of charge and no Annual fee should be levied on such Cards.
Yes, the Scheme provides the appellate mechanism for the complainant as well as the NBFC.
Any person aggrieved by an Award issued under Clause 12 or by the decision of the NBFC Ombudsman rejecting the complaint for the reasons specified in sub-clause (c) to (f) of Clause 13 of the Scheme, can approach the Appellate Authority.
The Appellate Authority is vested with a Deputy Governor-in-Charge of the department of the RBI implementing the Scheme. The address of the Appellate Authority is :
The Appellate Authority
Ombudsman Scheme for Non-Banking Financial Companies
Consumer Education and Protection Department
Reserve Bank of India
First Floor, Amar Building
Fort, Mumbai 400 001.
The complainant also has the option to explore other recourse and/or remedies available as per the law.
Franchisers are expected to impart training to the franchisees as regards operations and maintenance of records.
In case the aggregate amount bid is more than the reserved amount through non-competitive bidding, allotment would be made on a pro rata basis.
Example:
Suppose, the amount reserved for allotment in non competitive basis is 10 crore. The total amount bid at the auction for Non competitive segment is 12 crore. The partial allotment percentage is =10/12=83.33%.
The actual allocation in the auction will be as follows:
Bidder |
Bid Amount |
Allotment |
Bank1 |
2 crore |
1,66,70,000/- |
Bank2 |
3 crore |
2,50,00,000/- |
PD1 |
1 crore |
83,30,000/- |
PD2 |
1 crore |
83,30,000/- |
Bank3 |
5 crore |
4,16,70,000/- |
It may be noted that the actual allotment may vary slightly at times from the partial allotment ratio due to rounding off with a view to ensuring that the allotted amounts are in multiples of 10,000/-.
1 7.1.5. Issuance of non-credit products shall be with full consent of the borrowers and fee structure for such products shall be explicitly communicated to the borrower in the loan card itself.
2 in their offices, on their websites as part of Fair Practices Code and in the loan card issued to the borrower
3 7.1.1 A FPC based on these directions shall be put in place by all REs with the approval of their boards. The FPC shall be displayed by the RE in all its offices and on its website. The FPC should be issued in a language understood by the borrower.
4 2.1 The provisions of these directions shall apply to the following entities:
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All Commercial Banks (including Small Finance Banks, Local Area Banks, and Regional Rural Banks) excluding Payments Banks;
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All Primary (Urban) Co-operative Banks/ State Co-operative Banks/ District Central Co-operative Banks; and
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All Non-Banking Financial Companies (including Microfinance Institutions and Housing Finance Companies).
5 Exemptions from Sections 45-IA3, 45-IB4 and 45-IC5 of the RBI Act, 1934 have been withdrawn for those ‘not for profit’ companies engaged in microfinance activities that have asset size of ₹100 crore and above.
Answer: Investment in Government Treasury Bills, Government securities is permitted in terms of extant guidelines and prescribed limits. Other than these, avenues of investments can be mutually agreed between the countries subject to compliance with applicable regulatory and statutory guidelines.
Ans : ECS Debit transaction can be initiated by any institution (called ECS Debit User) which has to receive / collect amounts towards telephone / electricity / water dues, cess / tax collections, loan installment repayments, periodic investments in mutual funds, insurance premium etc. It is a Scheme under which an account holder with a bank branch can authorise an ECS User to recover an amount at a prescribed frequency by raising a debit to his / her bank account.
The User institution has to first register with an ECS Centre. The User institution has to also obtain the authorization (mandate) from its customers for debiting their account along with their bank account particulars prior to participation in the ECS Debit scheme. The mandate has to be duly verified by the beneficiary’s bank. A copy of the mandate should be available on record with the destination bank where the customer has a bank account.
The franchisers, i.e. ADs Category–I Banks / ADs Category–II / FFMCs are expected to put in place adequate arrangements for reporting of transactions by the franchisees to the franchisers on a regular basis (at least monthly). Regular spot audits of all locations of franchisees, at least once in six months, should be conducted by the franchiser. Such audits should involve a dedicated team and incognito visits should also be used to test the compliance level of the franchisees. A system of annual inspection of the books of the franchisees should also be put in place. The purpose of such inspection is to ensure that the money changing business is being carried out by the franchisees in conformity with the terms of the agreement and prevailing Reserve Bank guidelines and that necessary records are being maintained by the franchisees.
Ans. The compounding process is completed within 180 days from the date of receipt of the application complete in all aspects, by the Reserve Bank.
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