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Session 1
Commercial Banking
Banking Regulation Act 1949

Section 5(c) :

“A banking company is a company which transacts the business of banking in
  India”



Section 5 (b) :

Banking means “accepting , for the purpose of lending or investment , of
 deposits of money from the public, repayable on demand or otherwise , and
 withdrawable, by cheque, draft,order or otherwise”
1.   Maintaining deposit accounts

2.   Issue & Pay Cheques

3.   Collect cheques for the banks customers
Payments              Financial              Financial
                      Intermediation         Services
                      • Take deposits        •   Forex
• Traditional
  Options (Cheques,   • Lend                 •   Wealth Mgmt
  DD)                 • Address safety and   •   Insurance
• Modern ( Wire         liquidity, growth    •   Investment
  transfers, ECS)       needs                    Banking
First known banks : Ancient Temples

          Safe Places : Gold, agricultural tools & implements




 Various Factors : Historical crusades shaped the methods &practices

Greeks: Used credit notes       Egyptians : Used Grains        Romans : Coins




                             Years : 1100-1300

 Large trade volumes in agricultural commodities, cloth, leather .Trade combines
 became powerful since specialization brought with it need for more investment
• General Bank of India
1786    • Estb in Kolkatta


        •   3 Presidency Banks established
1809-
1843    • Banks of : Bengal, Bombay, Madras

        • 3 Presidency Banks amalgamated
1921    • Imperial Bank of India – European control.
• Allahabad Bank
1865    • Estb purely by Indians


        • Punjab National Bank
1894    • Estb in Lahore


        • BOI, CBI, BOB, Can Bank, Indian Bank
1906-     established
1913
• RBI established
1935


        • Banking Companies Act : changed to Banking Reg
1949      Act


        • SBI formed
1955-   • SBI Act passed enabling SBI takeover 8
1959      subsidiaries
• 14 banks nationalized
1969

         • 6 more banks nationalized
         • Objective: Social & rural impetus better control
1980


         • Narasimhan Committee Reforms
1990’s   • Entry of new Pvt sector, Foreign banks
Financial
                      System




                  Capital Markets   Insurance and
Central Banking
                    Regulatory         Pension
  Authority
                    Authority         Regulators




     RBI              SEBI             IRDA
RBI




           Small
                                               National
IDBI   Industries Dev   NABARD   Exim Bank
                                             Housing Bank
        Bank of India
RBI

                                                                                                                   Co-Operative
                                                     Commercial
                                                       Banks                                                          Banks
                                                                                                           Schld      Non       State

                                                                                 Foreign
                         Public                                  Private                        RRB’s                          District
                                                                 Sector           Banks
                         Sector
                                                                                                                            Primary Credit
                                                                                                                                 Soc
         Nationalized     SBI &
                                      Other PSU        Old Age             New Age
            Banks         Assoc




Scheduled Banks : Those listed in 2nd Schedule of RBI Act 1934.Banks need to fulfill Sec 42 (6)(a) to be incld in schedule
   PSU Banks:

     GOI is the majority stakeholder
     27 PSU banks (19 + SBI & 6 subsidiaries)
     Have taken a lead role in branch expansion – rural areas
     SBI : “Banker to every Indian”
   Regional Rural Banks(RRB’s):

     Established 1976-1987: Develop rural economy.
     Jointly owned by Central Govt + State Govt +sponsor PSU
     Target customers : Farmers, artisans etc
     Decline in numbers : 196 in March 2005 81 as on date.
     Examples: Maharashra Gramin Bank, Saptagiri Grameena
      Bank
   Private Sector Banks

     Majority share capital is held by corporates/pvt parties
     Banks not nationalized 1969/1980 : “Old age-Pvt sector”
     Post 1992-93 reforms (Narasimhan Committee) entry
      permitted
     7 “New age” banks & 15 “Old age” banks : March 2009
     Examples: Yes Bank, Jammu &Kashmir Bank
   Foreign Banks:

     HO: outside India but operate through branches or rep
      offices
     As on June 30 2009: 28 foreign banks operating in India.
     Target customers : Corporates, HNI’s, urban middle class
     Examples : Standard Chartered,HSBC
   Co-operative Banks:

     Governed by Co-operative Society’s Act & Banking
      Regulation Act.
     Eg: Abhudaya Co-Operative Bank, Saraswat Co-Op Bank
   Co-Operative Banks:

     Comprise of UCB’s: operations lmtd across one state or stretch across states

     Rural Co-Operative Banks
         State Co-Operatives
         District Co-Operatives
         SCARDB’s: State Co-Op Agricultural & Rural Development Banks
         PCARDB’s : Primary Co-Operative Agricultural & Rural Development Banks

     Large Network:
       53 scheduled UCB’s as per RBI website
       30 State Co-Operative Banks

     Target customers : Farmers, self employed businessmen/traders
     Examples : UCB’s –Rupee Co-Operative Bank, Cosmos Co-Operative Bank
             SCB’s: Sikkim State Co-Operative Bank
• Approx Rs 4000 Crores
                          involved
Harshad Mehta Scam      • Banking System misused
                        • Small Investors wiped
                          out

Liberalization of the   • Rajiv Gandhi Govt
“Banana Republic”       • Propogates liberalization



   Narasimhan           • Banking Sector Reforms
    Committee           • Stage set for major
 Recommendations          overhaul
•Borrowing Bank gives securities to the lending bank
Ready Forward    in return for funds

    Txns        •Typically was used for short term loans (15 days)
                 and against govnt securities

                •Supposed to be used issued against Govt securities
                 and given by the borrowing bank to the lending
                 bank
Bank Receipts   •Harshad Mehta :Broker/Fee
                •Misused the system and involved Bank of Karad
                 •Fake BR’s used to borrow funds BR’s purchase
                 &Metropolitan Co-Op Bank: Fake and
                  shares and drive up prices

  Banks         •BR’s repaid by sale proceeds
                •Once the scam broke banks left with worthless BR’s
manipulated     •Small savings wiped out(Approx Rs 4000 crores
                 involved)
1st Wave: Post nationalization -1969

   19th July 1969 Govt nationalized 14 banks
   Saraiya Commission appointed to examine the banking system
   Recommend ways to make it work with Govt’s plan of
    economic development
   Sec 19 of BR Act ammended to allow formation of
    subsidiaries.
2nd   Wave: Narasimhan Committee Report #1

   Commissioned on August 14, 1991
   Set-Up to address the need for the fortification of system
   Report #1 submitted on 16th November 1991
   Masterprint : “First Phase” of banking reforms 1992-93
   Theme : Operational Flexibility & Functional Autonomy
   Country reeling under the aftermath of the Harshad Mehta
    scam
Main Recommendations: Glimpse

   SLR to be to 25% over a period of 5 years
   CRR component to be reduced progressively
   No bar to open banks in the private/foreign category
   Bifurcation of Banks Investment Portfolio.
   Categorization& Provisioning of loan assets
         Standard Assets (0.25%)
         Sub-Standard (10% of total outstanding)
         Doubtful(100%+ 20/30/50%depending upon age
         Loss Assets : 100% outstanding
   Gradual Approach: RBI-Committees

   Banks have expanded their product offerings: Insurance/Wealth Mgmt etc

   Lead to a healthy competition: Transformation of some PSU banks (Eg
    BOB,SBI)

   Encouragement to do something novel:
     Refinance of MFI loans
     Factoring/Forfaiting

   Modern Banking Products : Internet Banking/Mobile Banking

   Infusion of Capital into Banks : Capital Adequacy
Type of Bank   1969   2004    2009    Rural Branches     Rural Branches
                                      on June 30, 2009   as % age of all
                                                         branches on
                                                         June 30,2009
SBI & Assoc    2462   13621   16294   5619               34.4

Nationalize    4553   33359   39703   13425              33.8
d Banks
RRB            -      14486   15199   11644              76.6

Tot PSU        7015   61466   71196   30688              43.1
Banks
Oth Schld      900    5807    8979    1126               12.5
Comm
Banks
Foreign        130    218     295     4                  1.4
Banks
Non Schld      217    32      44      11                 25
Comm
Banks
Grand          8262   67523   80514   31829              39.5
Total
Source:
Economic
   Commenced operations on April 1 1935 in Kolkatta.

   Constituted to take over activities being performed by the Imperial Bank &
    Comptroller of Currency.
     Regulate the issue of bank notes
     Maintain reserves to secure monetary stability
     To operate the credit and currency system efficiently


   Served country’s agenda : Rural development I nstitutional
    development Bank Supervision &Regulation Financial
    Markets
   Acts as the currency authority
   Controls money supply
   Manages foreign exchange
   Banker to the Government
   Banker to banks
   Supervises banks
   Holds part of the cash reserves of banks
   Provides them with centralized clearing
   Safe and economic remittance facilities
   Controls licensing, branch expansion, amalgamation etc
   Inspection: Seeks information through returns, inspections
    /meetings
Intermediaries that compete /complement banks

   NBFC’s
   Mutual Funds
   Insurance Companies
   Term Lending Institutions
   NBFC’s:

   Compete aggressively for business with banks

   Cannot
     Accept demand deposits
     Issue cheques - not part of the payment system
     No deposit insurance cover

   Main activities include loans, leasing, hire purchase
   NBFC’s:

   Need to be registered with the RBI.

   Set-up : Companies Act 1956

   NBFC’s registered with other regulators exempted:

     Merchant Banking Co’s-SEBI
     Insurance Company-IRDA
     Housing Finance Co’s-NHB
   NBFC’s:

   Classified under 3 categories by the RBI

     Asset Finance Companies (AFC) : Birla Global Asset Finance
     Investment Company (IC) :
     Loan Company (LC)

   Only NBFC’s holding a valid Certificate of Registration –
    Accept deposits
   NBFC’s:
   Min / Max tenure for Dep Acceptance:12 months / 60 months

   Cannot offer > 12.5% p.a – current celing.

   NBFC’s (except certain AFC’s- CRAR of 15% +) – minimum investment grade rating.
       FA- from CRISIL, MA- from ICRA , CARE BBB, FITCH tA-)


   NRE/FCNR funds out of bounds (April 2004).Only NRO funds

   Default : Law, Company Law Board

   Prepayment of Deposits :
     Not encouraged
     Minimum 3 month lock-in
     Possible :Death of Depositor
   NBFC’s:

Examples :

Deposit Taking :
 Mahindra &Mahindra Financial Services-Mumbai
 Bajaj Auto Finance – Pune


NON Deposit Taking
 Citicorp Finance (India)Ltd-Mumbai
 IDBI Gilts-Mumbai
 SKS Microfinance Ltd-Hyderabad
   Insures deposits in all
    ◦ Commercial banks
    ◦ Foreign banks functioning in India,
    ◦ Regional Rural Banks
    ◦ Cooperative Banks

   Maximum of Rs.1,00,000 (Rupees One Lakh) across all
    branches
   Deposits across different branches of the same bank are
    aggregated
   Deposits across banks are covered individually.
   Deposits have to be held in same capacity.

   Sole Proprietorship clubbed with individual account .

   Deposit Insurance coverage compulsory
   Term Lending Institutions:

   Provide loans : Medium to Long Term maturities
   Customers : Companies operating in industry, service&
    infrastructure sectors
   State Level:
     SFC’s: State Finance Corp
     SIDC’s: State Industrial Development Corporation
     NEDFI : North Eastern Development Financial Institution Ltd
   Term Lending Institutions:

   All India Level:
       EXIM Bank
       SIDBI
       PFC
       IFCI

   Typically specialize-catering to specific sectors (Refer
    handout)
Central
                                Board of
                                Directors


                              Governor
                               ( Mr D
                              Subbarao)

                                       Deputy Governor   Deputy Governor
Deputy Governor    Deputy Governor
                                            (K.C            (Shyamala
(Ms Usha Thorat)    (Mr S Gokarn)                           Gopinath)
                                        Chakrabarty)
   National Housing Bank (NHB)

   National Bank for Agriculture & Development (NABARD)

   Deposit Insurance & Credit Guarantee Corp (DICGC)

   Bharatiya Reserve Bank Note Mudran Pvt Ltd (BRBNMPL)
RBI

                             Umbrella Acts
                             *RBI Act:1934
                           *Banking Reg Act :
                                 1949




  Specific Functions                               Banking Operations
 *Indian Coinage Act                               *Companies Act 1956
        *FEMA                                   *Banking Co (Acq & Transfer
                                                        of Undert)
   *Public Debt Act
                                                  *Bankers Book Evidence
*Securities Contract Act
          1956                                         *NI Act 1881
   Dept of Currency Mgmt

   Urban Banks Dept

   Rural Planning &Credit Dept

   Foreign Exchange Dept

   Financial Supervision

   Dept of Banking Supervision
   Dept of Non Banking Supervision

   Dept of Banking Operations & Development

   Dept of IT

   Legal Dept

   Monetary Policy Dept

   Internal Debt Mgmt Dept
   Dept of External Investments & Operations

   Dept of Govt & Bank Accounts

   Dept of Economic Analysis & Policy

   Dept of Statistical Analysis & Computer Services

   Dept of Payment & Settlement Systems
Funds            Bank
                                 Allocation
mobilization      (Financial
                                 (Lending)
 (Deposits)    Intermediation)
• FD’s
 Time
         • CD’s




         • Savings A/C’s
Demand
         • Current A/C’s
Demand Deposits:
 Payable on demand : Cheque /Cash

 No fixed term/lock-ins

 Eg: Current/Savings Account




Time Deposits:
 Fixed term : Eg –Term Deposits
Functions of Various Business Units
Example – Raising & Deployment of Funds

                  Inform BSMG abt                    Decides about deployment -
                  the receipt of funds               tenure, currency and rate for
                                                     fresh lending and asks business
                                                     group abt the availability of funds




           Bank Branch                BSMG
                                   Decides about
                                  funding strategy              Sales Team gets in touch with
                                                                its clients to deploy the funds



 Cust. 1          Cust. 2           Cust 3

                                                        Cust. 1             Cust. 2
 Customer approaches bank to                                                               Cust 3
 deposit funds in the form of
 CA/SA/Term deposits
Bank Group           2003   2008   2009
PSU Banks                 79.6   73.9   76.6
•Nationalized             50.8   48.4   49.1
•SBI Group                28.8   23.8   24.8
•Others                    -     2.2    2.8
Private Sector            15.3   20.3   18.1
•Old Pvt Sector           6.7    5.0    4.9
•New Pvt Sector           8.5    15.3   13.2
Foreign Banks             5.1    5.8    5.3
Total SCB’s               100    100    100


Note : Data as at March
31 2010 (in percent)
   RBI License required

    Conditions to be satisfied:

◦       Ability to financially service clients
◦       Management
◦       Company Conduct
◦       Capital Structure and Earning Prospects
◦       Impact and justification vis a vis alternates
◦       Public Interest (Foreign Banks)
◦       Compliance with BR Act ( Foreign Banks)
◦       Non discrimination ( Foreign Banks)
KYC:

   Involves checking identity :PAN
   Sources of income
   Location
   Rural inclusion : some relaxation
KYC:

Essence is to know the true profile and the genuineness
 of the users of the banking channel.
KYC:

Method:
 • Screening and verifying customers identity


 •   Accepting only genuine customers

 •   Avoid introduction of unaccounted money at all
     costs into the banking system
Relaxation in KYC norms

 •   At bank officials discretion

 •   Subject to satisfactory introduction by existing account
     holder ( > 6 months old)

 •   Bal in all accounts not to exceed Rs 50K

 •   Total credits in all accounts not to exceed Rs 100000
KYC:

Method:
 • Screening and verifying customers identity


 •   Accepting only genuine customers

 •   Avoid introduction of unaccounted money at all
     costs into the banking system
•   Designation of a senior officer to monitor risk
    compliance

•   Employee Orientation and training of employees
Avoid ……
• Records to be maintained for cash transactions of Rs 10
Lacs or more in INR or equivalent in foreign currency

•Series of cash txns connected to each other of below Rs
10 Lacs or its equivalent in fx within a month and where
the aggregate value exceeds10 Lacs

•Cash transactions in forged or counterfeit notes and
suspicious transactions
• Property derived from money laundering can be
confiscated(Eg : Satyam )


•Records pertaining to money laundering need to be
preserved for a period of 10 years


•FIU ( Financial Intelligence Unit) set up to track and
curb such offences


•Banks/FI’s/Brokers :Report non cash trxs over Rs 1
Crore and cash txns of Rs 10 lacs
• Property derived from money laundering can be
confiscated


•Records pertaining to money laundering need to be
preserved for a period of 10 years


•FIU ( Financial Intelligence Unit) set up to track and
curb such offences


•Banks/FI’s/Brokers :Report non cash trxs over Rs 1
Crore and cash txns of Rs 10 lacs
Eligibility

   Current A/C’s :
    ◦   Individuals
    ◦   Firms
    ◦   HUF’s
    ◦   Societies
    ◦   Public/Pvt Ltd Companies
Minimum Balance:

   Requirements vary from bank to bank
   Charges levied for not meeting criteria
   “No-frills Account”: special S/B Account
Account Operation

   Mode of Operation
   POA
   Nomination
Minor’s Accounts:

   Opened under guardianship of parents/legal guardian
   Minor : Decide upon attaining majority
   Contract with minor : Void “ab initio”
   Under NIA-can bind others except self
   Can be admitted to benefits of partnership-can repudiate his
    liability within 6 months.
Savings Accounts (3.5% p.a)

   Till March 31 2010-calculation on minimum balance between
    10th to last date(30/31st)of the month

   Effective April 1 interest will be calculated on daily balance

   Credited twice a year :31st March / 30th Sepetmber
Dhanalaxmi-       HDFC-
                                               15%
                                                               24%


                                    Axis-                              Fed
                                    22%             SBI-27%           Bank-
                                                                      20%




                                           Cup of Cheer!

Percentage of total customer liabilities
Date       Deposit   Withdrawal   Balance
10th July   50,000       Nil       50,000
18th July     Nil       48,000      2,000              Used in the “Old” Method”
25th July   25,000       Nil       27,000
31st July     Nil       2,000      25,000



 Calculation in the Old Method:         Calculation in the New Method

 2000*3.5%*1/12=Rs 5.83                 a)   50,000*3.5%*1/365=Rs 4.79
                                        b)   2,000*3.5%*1/365= Rs 0.19
                                        c)   27,000*3.5%*1/365= Rs 2.58
                                        d)   25,000*3.5%*1/365= Rs 2.39

                                        Total accrued –July Rs = 9.95.
                                        Will be applied = Sept 30
                                        Incremental Gain = Rs 4.1
   Minimum tenor: 7 days

   Banks free to decide interest rates

   Discrimination on rates : Not possible on dep< Rs 15
    lacs

   Above Rs 15 Lacs : Differential rates ok
Savings Accounts (3.5% p.a)

   Till March 31 2010-calculation on minimum balance between
    10th to last date(30/31st)of the month

   Effective April 1 interest will be calculated on daily balance

   Credited twice a year :31st March / 30th Sepetmber
   Tool for deposit mobilization
   Minimum amount Rs 1 Lac and multiples
   Can be issued by scheduled commercial banks except RRB’s
    and Local Area Banks (LAB’s)
   Issued only in Demat form : Negotiable instrument
   No loan possible against CD’s
   Premature withdrawal : Not allowed
   Interest Rate : At bank discretion
   Due Diligence Process:
    ◦ Compliance with KYC guidelines
    ◦ Involves the bank having adequate knowledge about a
      customers :
        Identity
         occupation
         sources of income
        address / location
    ◦ KYC norms have been “relaxed” to promote financial
      inclusion in rural /BPL areas
   Minimum Balance :
    ◦ Usually stipulated as part of terms & conditions of opening
      a bank account
    ◦ “No Frills” accounts are special savings bank accounts
      where no minimum balance reqd
    ◦ Banks may place restriction on number of withdrawals,
      transactions during a period
   Satisfactory Conduct :Customer &Bank

    ◦ Customer should ensure that the account is conducted as per
      the banks specifications
    ◦ Bank should safeguard the customers interest and any
      information used for cross selling etc must be with express
      consent
    ◦ Operation of the accounts must be as per mandate specified
Types :

   Non-resident Ordinary account (NRO)
   Non-resident External account (NRE)
   FCNR-B
As per FEMA 1999 an NRI means :

   Non-Resident Indian National (i.e Non-resident
    holding Indian passport.

Eg: 1) Mr X working in the USA on a Green card.

     2) Ms Y deputed to Infosys USA from the Indian office.
      Working on a work/business visa.
   Persons of Indian Origin ( Non-residents holding
    foreign passports)

Eg: 1) Mr X is born in the USA. His parents moved to the USA
        from Haryana twenty years ago.

    2) Mr Y moved to the USA after his B.Tech. After living there
      for nearly 10 years, he applied for and is a naturalized US
      citizen .
   The definition includes

a)    Indians going abroad for business/work /vocation indicating
      an indefinite period of stay.

b)    Indian citizens working abroad on assignment with Foreign
      Governments, Govt. agencies or in UNO and its affiliates
      IMF,IBRD etc.

c)     Govt. officials (both central and state) and other officials of
      PSU's deputed abroad on assignments or posted abroad
      including Diplomatic Missions
PIO (Person of Indian Origin)is defined as a citizen of any
      country except Bangladesh or Pakistan if :

a)    He/she has, at any time held an Indian passport. OR

b)    He /she or either of his parents or any of his grand parents was a
      citizen of India OR

c)    The person is a spouse of an Indian citizen or a person referred to
      in a) or b)
NRE Accounts : ( held in INR)

   Need to be opened with funds remitted from abroad
   Fully repatriable : P+I
   Minimum Tenor: 7 Days
   Transfer to another NRE Act/FCNR
   Local payments can be made
   Local credits not permissible (eg: rental income)
   Interest rates on NRE accounts(Savings+Term Dep) : RBI
    controlled
   Exchange Risk
FCNR(B) Accounts : ( held in FX)

   USD,GBP,CAD,AUD,EURO,JPY
   Fully repatriable : P+I
   Transfer to another NRE Act/FCNR and vice-versa.
   Opened only as term deposits
   No Exchange Risk since deposits held/repaid in Fx.
   Tenor: 1 -3 years
NRO Accounts : ( held in INR)

   When a resident becomes a non resident-account
    converted into NRO account.
   Legitimate Credits accrued in India-Rent, Income from
    investments
   Can be opened as Savings, Current,Term Deposit
   Principal non repatriable. Interest earned is repatriable
   Upto US$ 1 million per financial year can be repatriated.
   Permissible Credits/Debits:

   Credits:

    • Proceeds of inwards remittance into India through normal
      banking channels

    • Legitimate income in India : Rent, pension, interest etc

    • Sale proceeds of assets (including immovable
      property)acquired out of rupee/foreign currency funds or
      any inheritance.
   Credits:

    • Any foreign currency which is freely convertible tendered by the
      account holder during his/her temporary visit to India

    • Foreign currency exceeding USD 5000 or its equivalent in cash should
      be supported by a CDF (Currency Declaration Form)

    • Rupee funds should be supported by an encashment certificate , if they
      represent funds brought from outside.
   Debits:

   All local payments in rupees including payments for investments in India
    (s.t compliance with RBI)

   Remittance outside India of current income like rent, dividend, pension ,
    interest in India of the account holder

   Remittance upto USD 1 million per financial year (April-March)for all
    bonafide purposes s.t approval by the AD.
   Remittance of Assets

   By NRI/PIO:

    • Can remit an amount not exceeding USD 1 million per financial year out
      of balances held in NRO account/sale proceeds of assets/assets in
      India acquired by way of inheritance

    • Document Required : Paperwork supporting the acquisition or any
      inheritance along with an undertaking by the remitter duly certified by a
      C.A in the format prescribed by CBDT(Central Board of Direct Taxes)
   Remittance of Assets

   By NRI/PIO:

    • Can remit an amount not exceeding USD 1 million per financial year
      from the sale proceeds of immovable property purchased as a resident or
      as an NR/PIO without any lock-in period

    • This facility not available to citizens of Pakistan,
      Bangladesh,SriLanka,China,Afghanistan,Iran,Nepal and Bhutan
   Foreign nationals on a visit to India (non-Indian origin)

    • NRO ( Current/Savings) account can be opened

    • Funds to open the account can be remitted from outside India through
      banking channels or sale of foreign exchange brought to India.

    • The funds in such accounts can be converted back into foreign currency
      at the time of departure of the foreign national ( provided account less
      than 6 months old) and no local funds have been credited

    • If account tenure > 6 months –RBI approval required
   Resident to Non-Resident:
    • When a individual leaves the country(except Nepal/Bhutan) for an
      overseas job business etc indicating intention to stay outside – account to
      be converted to NRO.

    • If the destination is Nepal/Bhutan : The account will continue as
      resident

    • When such a person working abroad, carrying on business etc comes to
      India:

       temporarily – account remains NRO
       For good : Re-designate account to resident
   Resident to Non-Resident :

    • Loans Given: While resident but becomes non resident.

       Bank discretion and judgement to continue the arrangement

       Can allow payment of interest and loan either through local
        sources or through inward remittance
   Non resident nominee : Credit NRO Account of nominee




   Resident nominee: Credit resident account of nominee
   POA holder can be a resident.

   POA holder can make following payments:

    • All local payments including payments for eligible investments

    • Remit outside India the current income of the NR after taxes

    • POA can remit only to account holder and cannot repatriate funds to any
      other account
• POA holder cannot gift any funds from NR account to a
  resident on behalf of the NR.

• Cannot transfer funds to another NRO account.
   Can be issued to NRI/PIO without RBI approval

   Payments can be settled by inward remittance or out of
    balances in NRE/NRO/FCNR accounts
   Domestic/NRO Accounts:
    • Minimum tenor is 7 days

   NRE/FCNR(B) Term Deposits:
    • Minimum tenure is 1 year
    • Maximum tenure is 3 years
    • Banks can accept NRE deposits of tenure greater than 3
      years but the rate of interest will be capped at the rate for 3
      years
   NRE term deposit into FCNR (B) and vice versa before
    maturity subject to penalty



   NRSR/NRNR into NRO deposit before maturity subject to
    penalty
   If NRE term deposit withdrawn prematurely for conversion
    into RFC Account – NO PENALTY.



   If such a deposit has remained with the bank for a period less
    than 1 year , interest can be paid at savings bank rate provided
    such a request is made by the NRE account holder
    immediately on return to India.
   Since NRNR / NRSR schemes have been discontinued
    effective April 1 2002,maturity proceeds of NRNR deposits
    can be credited to NRE Accounts on maturity but not
    FCNR(B) accounts

   Maturity proceeds of NRSR deposits to be credited to NRO
    accounts only.

   Premature withdrawals of NRNR / NRSR deposits to be
    credited to NRO accounts only
   Satisfied :      Growth of the Bank



   Dissatisfied :      Look for a resolution

       Internal : Complaint to the Bank
       External : RBI
Banking Ombudsman
•Came    into effect on Jan 1 2006

•The aggrieved customer or his representative
can file a complaint

•   Written or via E mail
• A complaint was made to the bank and no response
received within a month

•   Non satisfactory response received


•Complaint should not pertain to the a matter pending or
dealt by the Ombudsman or which proceedings are pending
before a court


•Complaint is within the limitation period under the Indian
Limitation Act 1963
Process

  •   Aggrieved customer contacts ombudsman

  •   Ombudsman sends the complaint to the bank for redressing

  •   If not settled within a month of receipt, ombudsman awards /
      rejects

  •   Customer can appeal to the Appellate (Dy Governor) if
      dissatisfied

  •   Banks can appeal after taking consent from CMD

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Commercial Banking In India An Overview

  • 2. Banking Regulation Act 1949 Section 5(c) : “A banking company is a company which transacts the business of banking in India” Section 5 (b) : Banking means “accepting , for the purpose of lending or investment , of deposits of money from the public, repayable on demand or otherwise , and withdrawable, by cheque, draft,order or otherwise”
  • 3. 1. Maintaining deposit accounts 2. Issue & Pay Cheques 3. Collect cheques for the banks customers
  • 4. Payments Financial Financial Intermediation Services • Take deposits • Forex • Traditional Options (Cheques, • Lend • Wealth Mgmt DD) • Address safety and • Insurance • Modern ( Wire liquidity, growth • Investment transfers, ECS) needs Banking
  • 5. First known banks : Ancient Temples Safe Places : Gold, agricultural tools & implements Various Factors : Historical crusades shaped the methods &practices Greeks: Used credit notes Egyptians : Used Grains Romans : Coins Years : 1100-1300 Large trade volumes in agricultural commodities, cloth, leather .Trade combines became powerful since specialization brought with it need for more investment
  • 6. • General Bank of India 1786 • Estb in Kolkatta • 3 Presidency Banks established 1809- 1843 • Banks of : Bengal, Bombay, Madras • 3 Presidency Banks amalgamated 1921 • Imperial Bank of India – European control.
  • 7. • Allahabad Bank 1865 • Estb purely by Indians • Punjab National Bank 1894 • Estb in Lahore • BOI, CBI, BOB, Can Bank, Indian Bank 1906- established 1913
  • 8. • RBI established 1935 • Banking Companies Act : changed to Banking Reg 1949 Act • SBI formed 1955- • SBI Act passed enabling SBI takeover 8 1959 subsidiaries
  • 9. • 14 banks nationalized 1969 • 6 more banks nationalized • Objective: Social & rural impetus better control 1980 • Narasimhan Committee Reforms 1990’s • Entry of new Pvt sector, Foreign banks
  • 10. Financial System Capital Markets Insurance and Central Banking Regulatory Pension Authority Authority Regulators RBI SEBI IRDA
  • 11. RBI Small National IDBI Industries Dev NABARD Exim Bank Housing Bank Bank of India
  • 12. RBI Co-Operative Commercial Banks Banks Schld Non State Foreign Public Private RRB’s District Sector Banks Sector Primary Credit Soc Nationalized SBI & Other PSU Old Age New Age Banks Assoc Scheduled Banks : Those listed in 2nd Schedule of RBI Act 1934.Banks need to fulfill Sec 42 (6)(a) to be incld in schedule
  • 13. PSU Banks:  GOI is the majority stakeholder  27 PSU banks (19 + SBI & 6 subsidiaries)  Have taken a lead role in branch expansion – rural areas  SBI : “Banker to every Indian”
  • 14. Regional Rural Banks(RRB’s):  Established 1976-1987: Develop rural economy.  Jointly owned by Central Govt + State Govt +sponsor PSU  Target customers : Farmers, artisans etc  Decline in numbers : 196 in March 2005 81 as on date.  Examples: Maharashra Gramin Bank, Saptagiri Grameena Bank
  • 15. Private Sector Banks  Majority share capital is held by corporates/pvt parties  Banks not nationalized 1969/1980 : “Old age-Pvt sector”  Post 1992-93 reforms (Narasimhan Committee) entry permitted  7 “New age” banks & 15 “Old age” banks : March 2009  Examples: Yes Bank, Jammu &Kashmir Bank
  • 16. Foreign Banks:  HO: outside India but operate through branches or rep offices  As on June 30 2009: 28 foreign banks operating in India.  Target customers : Corporates, HNI’s, urban middle class  Examples : Standard Chartered,HSBC
  • 17. Co-operative Banks:  Governed by Co-operative Society’s Act & Banking Regulation Act.  Eg: Abhudaya Co-Operative Bank, Saraswat Co-Op Bank
  • 18. Co-Operative Banks:  Comprise of UCB’s: operations lmtd across one state or stretch across states  Rural Co-Operative Banks  State Co-Operatives  District Co-Operatives  SCARDB’s: State Co-Op Agricultural & Rural Development Banks  PCARDB’s : Primary Co-Operative Agricultural & Rural Development Banks  Large Network:  53 scheduled UCB’s as per RBI website  30 State Co-Operative Banks  Target customers : Farmers, self employed businessmen/traders  Examples : UCB’s –Rupee Co-Operative Bank, Cosmos Co-Operative Bank SCB’s: Sikkim State Co-Operative Bank
  • 19. • Approx Rs 4000 Crores involved Harshad Mehta Scam • Banking System misused • Small Investors wiped out Liberalization of the • Rajiv Gandhi Govt “Banana Republic” • Propogates liberalization Narasimhan • Banking Sector Reforms Committee • Stage set for major Recommendations overhaul
  • 20. •Borrowing Bank gives securities to the lending bank Ready Forward in return for funds Txns •Typically was used for short term loans (15 days) and against govnt securities •Supposed to be used issued against Govt securities and given by the borrowing bank to the lending bank Bank Receipts •Harshad Mehta :Broker/Fee •Misused the system and involved Bank of Karad •Fake BR’s used to borrow funds BR’s purchase &Metropolitan Co-Op Bank: Fake and shares and drive up prices Banks •BR’s repaid by sale proceeds •Once the scam broke banks left with worthless BR’s manipulated •Small savings wiped out(Approx Rs 4000 crores involved)
  • 21. 1st Wave: Post nationalization -1969  19th July 1969 Govt nationalized 14 banks  Saraiya Commission appointed to examine the banking system  Recommend ways to make it work with Govt’s plan of economic development  Sec 19 of BR Act ammended to allow formation of subsidiaries.
  • 22. 2nd Wave: Narasimhan Committee Report #1  Commissioned on August 14, 1991  Set-Up to address the need for the fortification of system  Report #1 submitted on 16th November 1991  Masterprint : “First Phase” of banking reforms 1992-93  Theme : Operational Flexibility & Functional Autonomy  Country reeling under the aftermath of the Harshad Mehta scam
  • 23. Main Recommendations: Glimpse  SLR to be to 25% over a period of 5 years  CRR component to be reduced progressively  No bar to open banks in the private/foreign category  Bifurcation of Banks Investment Portfolio.  Categorization& Provisioning of loan assets  Standard Assets (0.25%)  Sub-Standard (10% of total outstanding)  Doubtful(100%+ 20/30/50%depending upon age  Loss Assets : 100% outstanding
  • 24. Gradual Approach: RBI-Committees  Banks have expanded their product offerings: Insurance/Wealth Mgmt etc  Lead to a healthy competition: Transformation of some PSU banks (Eg BOB,SBI)  Encouragement to do something novel:  Refinance of MFI loans  Factoring/Forfaiting  Modern Banking Products : Internet Banking/Mobile Banking  Infusion of Capital into Banks : Capital Adequacy
  • 25. Type of Bank 1969 2004 2009 Rural Branches Rural Branches on June 30, 2009 as % age of all branches on June 30,2009 SBI & Assoc 2462 13621 16294 5619 34.4 Nationalize 4553 33359 39703 13425 33.8 d Banks RRB - 14486 15199 11644 76.6 Tot PSU 7015 61466 71196 30688 43.1 Banks Oth Schld 900 5807 8979 1126 12.5 Comm Banks Foreign 130 218 295 4 1.4 Banks Non Schld 217 32 44 11 25 Comm Banks Grand 8262 67523 80514 31829 39.5 Total Source: Economic
  • 26. Commenced operations on April 1 1935 in Kolkatta.  Constituted to take over activities being performed by the Imperial Bank & Comptroller of Currency.  Regulate the issue of bank notes  Maintain reserves to secure monetary stability  To operate the credit and currency system efficiently  Served country’s agenda : Rural development I nstitutional development Bank Supervision &Regulation Financial Markets
  • 27. Acts as the currency authority  Controls money supply  Manages foreign exchange  Banker to the Government  Banker to banks  Supervises banks
  • 28. Holds part of the cash reserves of banks  Provides them with centralized clearing  Safe and economic remittance facilities  Controls licensing, branch expansion, amalgamation etc  Inspection: Seeks information through returns, inspections /meetings
  • 29. Intermediaries that compete /complement banks  NBFC’s  Mutual Funds  Insurance Companies  Term Lending Institutions
  • 30. NBFC’s:  Compete aggressively for business with banks  Cannot  Accept demand deposits  Issue cheques - not part of the payment system  No deposit insurance cover  Main activities include loans, leasing, hire purchase
  • 31. NBFC’s:  Need to be registered with the RBI.  Set-up : Companies Act 1956  NBFC’s registered with other regulators exempted:  Merchant Banking Co’s-SEBI  Insurance Company-IRDA  Housing Finance Co’s-NHB
  • 32. NBFC’s:  Classified under 3 categories by the RBI  Asset Finance Companies (AFC) : Birla Global Asset Finance  Investment Company (IC) :  Loan Company (LC)  Only NBFC’s holding a valid Certificate of Registration – Accept deposits
  • 33. NBFC’s:  Min / Max tenure for Dep Acceptance:12 months / 60 months  Cannot offer > 12.5% p.a – current celing.  NBFC’s (except certain AFC’s- CRAR of 15% +) – minimum investment grade rating.  FA- from CRISIL, MA- from ICRA , CARE BBB, FITCH tA-)  NRE/FCNR funds out of bounds (April 2004).Only NRO funds  Default : Law, Company Law Board  Prepayment of Deposits :  Not encouraged  Minimum 3 month lock-in  Possible :Death of Depositor
  • 34. NBFC’s: Examples : Deposit Taking :  Mahindra &Mahindra Financial Services-Mumbai  Bajaj Auto Finance – Pune NON Deposit Taking  Citicorp Finance (India)Ltd-Mumbai  IDBI Gilts-Mumbai  SKS Microfinance Ltd-Hyderabad
  • 35. Insures deposits in all ◦ Commercial banks ◦ Foreign banks functioning in India, ◦ Regional Rural Banks ◦ Cooperative Banks  Maximum of Rs.1,00,000 (Rupees One Lakh) across all branches  Deposits across different branches of the same bank are aggregated  Deposits across banks are covered individually.
  • 36. Deposits have to be held in same capacity.  Sole Proprietorship clubbed with individual account .  Deposit Insurance coverage compulsory
  • 37. Term Lending Institutions:  Provide loans : Medium to Long Term maturities  Customers : Companies operating in industry, service& infrastructure sectors  State Level:  SFC’s: State Finance Corp  SIDC’s: State Industrial Development Corporation  NEDFI : North Eastern Development Financial Institution Ltd
  • 38. Term Lending Institutions:  All India Level:  EXIM Bank  SIDBI  PFC  IFCI  Typically specialize-catering to specific sectors (Refer handout)
  • 39. Central Board of Directors Governor ( Mr D Subbarao) Deputy Governor Deputy Governor Deputy Governor Deputy Governor (K.C (Shyamala (Ms Usha Thorat) (Mr S Gokarn) Gopinath) Chakrabarty)
  • 40. National Housing Bank (NHB)  National Bank for Agriculture & Development (NABARD)  Deposit Insurance & Credit Guarantee Corp (DICGC)  Bharatiya Reserve Bank Note Mudran Pvt Ltd (BRBNMPL)
  • 41. RBI Umbrella Acts *RBI Act:1934 *Banking Reg Act : 1949 Specific Functions Banking Operations *Indian Coinage Act *Companies Act 1956 *FEMA *Banking Co (Acq & Transfer of Undert) *Public Debt Act *Bankers Book Evidence *Securities Contract Act 1956 *NI Act 1881
  • 42. Dept of Currency Mgmt  Urban Banks Dept  Rural Planning &Credit Dept  Foreign Exchange Dept  Financial Supervision  Dept of Banking Supervision
  • 43. Dept of Non Banking Supervision  Dept of Banking Operations & Development  Dept of IT  Legal Dept  Monetary Policy Dept  Internal Debt Mgmt Dept
  • 44. Dept of External Investments & Operations  Dept of Govt & Bank Accounts  Dept of Economic Analysis & Policy  Dept of Statistical Analysis & Computer Services  Dept of Payment & Settlement Systems
  • 45. Funds Bank Allocation mobilization (Financial (Lending) (Deposits) Intermediation)
  • 46. • FD’s Time • CD’s • Savings A/C’s Demand • Current A/C’s
  • 47. Demand Deposits:  Payable on demand : Cheque /Cash  No fixed term/lock-ins  Eg: Current/Savings Account Time Deposits:  Fixed term : Eg –Term Deposits
  • 48. Functions of Various Business Units
  • 49. Example – Raising & Deployment of Funds Inform BSMG abt Decides about deployment - the receipt of funds tenure, currency and rate for fresh lending and asks business group abt the availability of funds Bank Branch BSMG Decides about funding strategy Sales Team gets in touch with its clients to deploy the funds Cust. 1 Cust. 2 Cust 3 Cust. 1 Cust. 2 Customer approaches bank to Cust 3 deposit funds in the form of CA/SA/Term deposits
  • 50. Bank Group 2003 2008 2009 PSU Banks 79.6 73.9 76.6 •Nationalized 50.8 48.4 49.1 •SBI Group 28.8 23.8 24.8 •Others - 2.2 2.8 Private Sector 15.3 20.3 18.1 •Old Pvt Sector 6.7 5.0 4.9 •New Pvt Sector 8.5 15.3 13.2 Foreign Banks 5.1 5.8 5.3 Total SCB’s 100 100 100 Note : Data as at March 31 2010 (in percent)
  • 51. RBI License required Conditions to be satisfied: ◦ Ability to financially service clients ◦ Management ◦ Company Conduct ◦ Capital Structure and Earning Prospects ◦ Impact and justification vis a vis alternates ◦ Public Interest (Foreign Banks) ◦ Compliance with BR Act ( Foreign Banks) ◦ Non discrimination ( Foreign Banks)
  • 52. KYC:  Involves checking identity :PAN  Sources of income  Location  Rural inclusion : some relaxation
  • 53. KYC: Essence is to know the true profile and the genuineness of the users of the banking channel.
  • 54. KYC: Method: • Screening and verifying customers identity • Accepting only genuine customers • Avoid introduction of unaccounted money at all costs into the banking system
  • 55. Relaxation in KYC norms • At bank officials discretion • Subject to satisfactory introduction by existing account holder ( > 6 months old) • Bal in all accounts not to exceed Rs 50K • Total credits in all accounts not to exceed Rs 100000
  • 56. KYC: Method: • Screening and verifying customers identity • Accepting only genuine customers • Avoid introduction of unaccounted money at all costs into the banking system
  • 57. Designation of a senior officer to monitor risk compliance • Employee Orientation and training of employees
  • 59.
  • 60. • Records to be maintained for cash transactions of Rs 10 Lacs or more in INR or equivalent in foreign currency •Series of cash txns connected to each other of below Rs 10 Lacs or its equivalent in fx within a month and where the aggregate value exceeds10 Lacs •Cash transactions in forged or counterfeit notes and suspicious transactions
  • 61. • Property derived from money laundering can be confiscated(Eg : Satyam ) •Records pertaining to money laundering need to be preserved for a period of 10 years •FIU ( Financial Intelligence Unit) set up to track and curb such offences •Banks/FI’s/Brokers :Report non cash trxs over Rs 1 Crore and cash txns of Rs 10 lacs
  • 62. • Property derived from money laundering can be confiscated •Records pertaining to money laundering need to be preserved for a period of 10 years •FIU ( Financial Intelligence Unit) set up to track and curb such offences •Banks/FI’s/Brokers :Report non cash trxs over Rs 1 Crore and cash txns of Rs 10 lacs
  • 63. Eligibility  Current A/C’s : ◦ Individuals ◦ Firms ◦ HUF’s ◦ Societies ◦ Public/Pvt Ltd Companies
  • 64. Minimum Balance:  Requirements vary from bank to bank  Charges levied for not meeting criteria  “No-frills Account”: special S/B Account
  • 65. Account Operation  Mode of Operation  POA  Nomination
  • 66. Minor’s Accounts:  Opened under guardianship of parents/legal guardian  Minor : Decide upon attaining majority  Contract with minor : Void “ab initio”  Under NIA-can bind others except self  Can be admitted to benefits of partnership-can repudiate his liability within 6 months.
  • 67. Savings Accounts (3.5% p.a)  Till March 31 2010-calculation on minimum balance between 10th to last date(30/31st)of the month  Effective April 1 interest will be calculated on daily balance  Credited twice a year :31st March / 30th Sepetmber
  • 68. Dhanalaxmi- HDFC- 15% 24% Axis- Fed 22% SBI-27% Bank- 20% Cup of Cheer! Percentage of total customer liabilities
  • 69. Date Deposit Withdrawal Balance 10th July 50,000 Nil 50,000 18th July Nil 48,000 2,000 Used in the “Old” Method” 25th July 25,000 Nil 27,000 31st July Nil 2,000 25,000 Calculation in the Old Method: Calculation in the New Method 2000*3.5%*1/12=Rs 5.83 a) 50,000*3.5%*1/365=Rs 4.79 b) 2,000*3.5%*1/365= Rs 0.19 c) 27,000*3.5%*1/365= Rs 2.58 d) 25,000*3.5%*1/365= Rs 2.39 Total accrued –July Rs = 9.95. Will be applied = Sept 30 Incremental Gain = Rs 4.1
  • 70. Minimum tenor: 7 days  Banks free to decide interest rates  Discrimination on rates : Not possible on dep< Rs 15 lacs  Above Rs 15 Lacs : Differential rates ok
  • 71. Savings Accounts (3.5% p.a)  Till March 31 2010-calculation on minimum balance between 10th to last date(30/31st)of the month  Effective April 1 interest will be calculated on daily balance  Credited twice a year :31st March / 30th Sepetmber
  • 72. Tool for deposit mobilization  Minimum amount Rs 1 Lac and multiples  Can be issued by scheduled commercial banks except RRB’s and Local Area Banks (LAB’s)  Issued only in Demat form : Negotiable instrument  No loan possible against CD’s  Premature withdrawal : Not allowed  Interest Rate : At bank discretion
  • 73. Due Diligence Process: ◦ Compliance with KYC guidelines ◦ Involves the bank having adequate knowledge about a customers :  Identity  occupation  sources of income  address / location ◦ KYC norms have been “relaxed” to promote financial inclusion in rural /BPL areas
  • 74. Minimum Balance : ◦ Usually stipulated as part of terms & conditions of opening a bank account ◦ “No Frills” accounts are special savings bank accounts where no minimum balance reqd ◦ Banks may place restriction on number of withdrawals, transactions during a period
  • 75. Satisfactory Conduct :Customer &Bank ◦ Customer should ensure that the account is conducted as per the banks specifications ◦ Bank should safeguard the customers interest and any information used for cross selling etc must be with express consent ◦ Operation of the accounts must be as per mandate specified
  • 76. Types :  Non-resident Ordinary account (NRO)  Non-resident External account (NRE)  FCNR-B
  • 77. As per FEMA 1999 an NRI means :  Non-Resident Indian National (i.e Non-resident holding Indian passport. Eg: 1) Mr X working in the USA on a Green card. 2) Ms Y deputed to Infosys USA from the Indian office. Working on a work/business visa.
  • 78. Persons of Indian Origin ( Non-residents holding foreign passports) Eg: 1) Mr X is born in the USA. His parents moved to the USA from Haryana twenty years ago. 2) Mr Y moved to the USA after his B.Tech. After living there for nearly 10 years, he applied for and is a naturalized US citizen .
  • 79. The definition includes a) Indians going abroad for business/work /vocation indicating an indefinite period of stay. b) Indian citizens working abroad on assignment with Foreign Governments, Govt. agencies or in UNO and its affiliates IMF,IBRD etc. c) Govt. officials (both central and state) and other officials of PSU's deputed abroad on assignments or posted abroad including Diplomatic Missions
  • 80. PIO (Person of Indian Origin)is defined as a citizen of any country except Bangladesh or Pakistan if : a) He/she has, at any time held an Indian passport. OR b) He /she or either of his parents or any of his grand parents was a citizen of India OR c) The person is a spouse of an Indian citizen or a person referred to in a) or b)
  • 81. NRE Accounts : ( held in INR)  Need to be opened with funds remitted from abroad  Fully repatriable : P+I  Minimum Tenor: 7 Days  Transfer to another NRE Act/FCNR  Local payments can be made  Local credits not permissible (eg: rental income)  Interest rates on NRE accounts(Savings+Term Dep) : RBI controlled  Exchange Risk
  • 82. FCNR(B) Accounts : ( held in FX)  USD,GBP,CAD,AUD,EURO,JPY  Fully repatriable : P+I  Transfer to another NRE Act/FCNR and vice-versa.  Opened only as term deposits  No Exchange Risk since deposits held/repaid in Fx.  Tenor: 1 -3 years
  • 83. NRO Accounts : ( held in INR)  When a resident becomes a non resident-account converted into NRO account.  Legitimate Credits accrued in India-Rent, Income from investments  Can be opened as Savings, Current,Term Deposit  Principal non repatriable. Interest earned is repatriable  Upto US$ 1 million per financial year can be repatriated.
  • 84. Permissible Credits/Debits:  Credits: • Proceeds of inwards remittance into India through normal banking channels • Legitimate income in India : Rent, pension, interest etc • Sale proceeds of assets (including immovable property)acquired out of rupee/foreign currency funds or any inheritance.
  • 85. Credits: • Any foreign currency which is freely convertible tendered by the account holder during his/her temporary visit to India • Foreign currency exceeding USD 5000 or its equivalent in cash should be supported by a CDF (Currency Declaration Form) • Rupee funds should be supported by an encashment certificate , if they represent funds brought from outside.
  • 86. Debits:  All local payments in rupees including payments for investments in India (s.t compliance with RBI)  Remittance outside India of current income like rent, dividend, pension , interest in India of the account holder  Remittance upto USD 1 million per financial year (April-March)for all bonafide purposes s.t approval by the AD.
  • 87. Remittance of Assets  By NRI/PIO: • Can remit an amount not exceeding USD 1 million per financial year out of balances held in NRO account/sale proceeds of assets/assets in India acquired by way of inheritance • Document Required : Paperwork supporting the acquisition or any inheritance along with an undertaking by the remitter duly certified by a C.A in the format prescribed by CBDT(Central Board of Direct Taxes)
  • 88. Remittance of Assets  By NRI/PIO: • Can remit an amount not exceeding USD 1 million per financial year from the sale proceeds of immovable property purchased as a resident or as an NR/PIO without any lock-in period • This facility not available to citizens of Pakistan, Bangladesh,SriLanka,China,Afghanistan,Iran,Nepal and Bhutan
  • 89. Foreign nationals on a visit to India (non-Indian origin) • NRO ( Current/Savings) account can be opened • Funds to open the account can be remitted from outside India through banking channels or sale of foreign exchange brought to India. • The funds in such accounts can be converted back into foreign currency at the time of departure of the foreign national ( provided account less than 6 months old) and no local funds have been credited • If account tenure > 6 months –RBI approval required
  • 90. Resident to Non-Resident: • When a individual leaves the country(except Nepal/Bhutan) for an overseas job business etc indicating intention to stay outside – account to be converted to NRO. • If the destination is Nepal/Bhutan : The account will continue as resident • When such a person working abroad, carrying on business etc comes to India:  temporarily – account remains NRO  For good : Re-designate account to resident
  • 91. Resident to Non-Resident : • Loans Given: While resident but becomes non resident.  Bank discretion and judgement to continue the arrangement  Can allow payment of interest and loan either through local sources or through inward remittance
  • 92. Non resident nominee : Credit NRO Account of nominee  Resident nominee: Credit resident account of nominee
  • 93. POA holder can be a resident.  POA holder can make following payments: • All local payments including payments for eligible investments • Remit outside India the current income of the NR after taxes • POA can remit only to account holder and cannot repatriate funds to any other account
  • 94. • POA holder cannot gift any funds from NR account to a resident on behalf of the NR. • Cannot transfer funds to another NRO account.
  • 95. Can be issued to NRI/PIO without RBI approval  Payments can be settled by inward remittance or out of balances in NRE/NRO/FCNR accounts
  • 96. Domestic/NRO Accounts: • Minimum tenor is 7 days  NRE/FCNR(B) Term Deposits: • Minimum tenure is 1 year • Maximum tenure is 3 years • Banks can accept NRE deposits of tenure greater than 3 years but the rate of interest will be capped at the rate for 3 years
  • 97. NRE term deposit into FCNR (B) and vice versa before maturity subject to penalty  NRSR/NRNR into NRO deposit before maturity subject to penalty
  • 98. If NRE term deposit withdrawn prematurely for conversion into RFC Account – NO PENALTY.  If such a deposit has remained with the bank for a period less than 1 year , interest can be paid at savings bank rate provided such a request is made by the NRE account holder immediately on return to India.
  • 99. Since NRNR / NRSR schemes have been discontinued effective April 1 2002,maturity proceeds of NRNR deposits can be credited to NRE Accounts on maturity but not FCNR(B) accounts  Maturity proceeds of NRSR deposits to be credited to NRO accounts only.  Premature withdrawals of NRNR / NRSR deposits to be credited to NRO accounts only
  • 100. Satisfied : Growth of the Bank  Dissatisfied : Look for a resolution  Internal : Complaint to the Bank  External : RBI
  • 102. •Came into effect on Jan 1 2006 •The aggrieved customer or his representative can file a complaint • Written or via E mail
  • 103. • A complaint was made to the bank and no response received within a month • Non satisfactory response received •Complaint should not pertain to the a matter pending or dealt by the Ombudsman or which proceedings are pending before a court •Complaint is within the limitation period under the Indian Limitation Act 1963
  • 104. Process • Aggrieved customer contacts ombudsman • Ombudsman sends the complaint to the bank for redressing • If not settled within a month of receipt, ombudsman awards / rejects • Customer can appeal to the Appellate (Dy Governor) if dissatisfied • Banks can appeal after taking consent from CMD