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Friday 11 May 2012

Updates from April 15, 2012 to April 29, 2012



RBI UPDATE

Sr No
Circular/ Notification number
Particulars
Applicability
1 (a)
RBI/2011-12/509 dated April 17, 2012
Section 24 of the Banking Regulation Act, 1949 – Maintenance of Statutory Liquidity Ratio (SLR) – Marginal Standing Facility (MSF)
All Scheduled Commercial Banks

(b)
RBI/2011-12/505 MPD.BC.354 /07.01.27 9/2011-12 dated April 17, 2012
Standing Liquidity Facilities for Banks and Primary Dealers

All the Scheduled Banks
(c) 
Monetary Policy Statement 2012 – 13
Highlights of Monetary Policy Statement 2012-13
To all

(d)
RBI/2011-12/513 DPSS (CO) EPPD No. 1918/ 04.03.01/ 2011-12 dated April 18, 2012.
ECS (Debit) mandate management procedure by the banks – adherence to Procedural Guidelines
To all the banks

(e)
RBI/2011-12/512 A. P. (DIR Series) Circular No. 109 dated April 18, 2012
Authorised Dealer Category II – Permission for additional activity and opening of Nostro account
All Authorised Persons in Foreign Exchange

(f)
RBI/2011-12/510 RPCD.CO RRB.BC No.71 /03.05.33/2011-12 dated April 18, 2012
Grant of ‘Certificate of Registration’ – For carrying on the business of Credit Information – Credit Information Bureau (India) Limited
Information to all

(g)
RBI/2011-12/515 DBOD.No.Ret.BC.96 /12.01.001/2011-12 dated April 19, 2012
Bank Rate and penal interest rates
All Scheduled Commercial Banks

(h)
RBI/2011-12/520 A. P. (DIR Series) Circular No. 112 dated April 20, 2012
External Commercial Borrowings (ECB) Policy – Refinancing / Rescheduling of ECB (Revised)
All Category-I Authorised Dealer Banks

(i)
RBI/2011-12/519 A. P. (DIR Series) Circular No. 111 dated April 20, 2012
External Commercial Borrowings (ECB) Policy –
Liberalisation and Rationalisation
All Category-I Authorised Dealer Banks

(j)
RBI/2011-12/518 A. P. (DIR Series) Circular No. 110 dated April 20, 2012
Exim Bank's Line of Credit of USD 15 million to the Government of the Republic of Togo
All Category-I Authorised Dealer Banks

(k)
RBI/2011-12/516 DPSS (CO) RTGS No. 1934/04.04.002/2011-12 dated April 20, 2012
Printing of MICR Code and IFSC Code on Passbook/Statement of Account
All banks participating in RTGS, NEFT and NECS

(l)
RBI/2011-12/522 IDMD.PCD.4085 /14.03.04 /2011-12 dated April 23, 2012
Guidelines on Credit Default Swaps (CDS) for Corporate Bonds-Permitting All India Financial Institutions
All India Financial Institutions

(m)
RBI/2011-12/523 A. P. (DIR Series) Circular No. 113 dated April 24, 2012
External Commercial Borrowings (ECB) for Civil Aviation Sector
All Category-I Authorised Dealer Banks

(n)
RBI/2011-12/524 RPCD.CO.Plan.BC.73 /04.09.01/2011-12 dated April 25, 2012
Priority Sector Lending-Indirect Finance to Housing Sector
All Scheduled Commercial Banks (excluding Regional Rural Banks)

(o)
RBI/2011-12/525 UBD.BPD. (PCB). Cir. No.31 /13.05.000/2011-12 dated April 26, 2012
Monetary Policy Statement 2012-13 - Exposure to Housing, Real Estate and Commercial Real Estate - Primary (Urban) Co-operative Banks
All Primary (Urban) Co-operative Banks
(p)
RBI/2011-12/528 DBOD.AML. BC. No. 97 /14.01.001/2011-12 dated April 27, 2012
Intra-bank Deposit Accounts Portability
All Scheduled Commercial Banks (excluding RRBs)/Local Area Banks


MCA UPDATES

2 (a)
MCA notification dated April17, 2012
Alterations in the Schedule XIV of the Companies Act, 1956

All the Companies.


RBI UPDATES:

1(a) Section 24 of the Banking Regulation Act, 1949 – Maintenance of Statutory Liquidity Ratio (SLR) – Marginal Standing Facility (MSF)

RBI Notification  – April 17, 2012:

We draw your attention to the RBI notification no: RBI/2011-12/509 dated April 17, 2012.

Applicability:

All Scheduled Commercial Banks

Crux of the Notification:

In the RBI circular  DBOD.No.Ret.BC.No.92/12.02.001/2010-11 dated May 09, 2011 the Scheduled Commercial Banks (SCBs) were permitted to borrow overnight, up to 1 per cent of their respective Net Demand and Time Liabilities (NDTL) under the Marginal Standing Facility (MSF) Scheme.

2. As announced in the Reserve Bank of India's Annual Monetary Policy Statement 2012-13 on April 17, 2012, in order to provide greater liquidity cushion, it has been decided to raise the borrowing limit of SCBs under the MSF from 1 per cent to 2 per cent of their NDTL outstanding at the end of the second preceding fortnight with immediate effect.

3. Banks can continue to access overnight funds under the MSF against their excess SLR holding as advised in our circular FMD.No.65/01.18.001/11-12 dated December 21, 2011.

For further details information please follow the below link

 
1 (b)  Standing Liquidity Facilities for Banks and Primary Dealers


RBI Notification – April 17, 2012:

We draw your attention to the RBI notification no: RBI/2011-12/505 MPD.BC.354 /07.01.27 9/2011-12 dated April 17, 2012.

Applicability:

All the Scheduled Banks.

Meaning of Repo & Reverse Repo Rate:

Repo is a collateralized lending i.e. the banks which borrow money from Reserve Bank to meet short term needs have to sell securities, usually bonds to Reserve Bank with an agreement to repurchase the same at a predetermined rate and date. Reserve bank charges some interest rate on the cash borrowed by banks. This rate is usually less than the interest rate on bonds as the borrowing is collateral. This interest rate is called ‘repo rate’. The lender of securities is said to be doing repo whereas the lender of cash is said to be doing ‘reverse repo’.

Crux of the Notification:

With reference to the Monetary Policy Statement 2012-13 dated April 17, 2012, the repo rate under the Liquidity Adjustment Facility (LAF) has been reduced by 50 basis points ie. from 8.50 per cent to 8.00 per cent with immediate effect.

The Standing Liquidity Facilities provided to the banks (export credit refinance) and Primary Dealers (PDs) (collateralised liquidity support) from the Reserve Bank would now be available at the revised repo rate, i.e., at 8.00 per cent with effect from April 17, 2012.

For further details information please follow the below link

 

1 (c)  Highlights of Monetary Policy Statement 2012-13

RBI Notification – April 17, 2012:

We draw your attention to the RBI notification Monetary Policy Statement 2012 – 13.

Applicability:

To all

Crux of the Notification:

(A) POLICY MEASURES:

* Repo Rate cut by 50 bps to 8.00 percent;
* Reverse repo rate adjusted 7.00 percent
* Bank Rate and MSF adjusted to 9.00 percent (The borrowing limit of banks under marginal standing facility has been increased to 2 percent from 1 percent)
* Cash reserve ratio unchanged at 4.75%. Similarly SLR remains unchanged at 24%

 (B) POLICY STANCE:

 * Says modest growth slowdown, upside risks to inflation limit space for further reduction in policy rates
* Policy stance aims to provide greater liquidity cushion to financial system
* Liquidity moving towards comfort zone, proactive steps will be taken to restore to comfort zone if needed

(C ) FORECASTS :

* RBI has pegged the GDP growth rate for 2012-13 at 7.3 per cent. It is expected to be 6.9 per cent in 2011-12.
* Dr. Subbarao, ruled out further reduction in policy rate in the immediate future citing persistent upside risks to inflation and possible fiscal slippages driven by higher oil subsidies.  It expects the inflation to be around 6.5 per cent by March 2013.
* Money supply growth projected at 15 percent, credit growth at 17 percent and deposits at 16 percent in 2012-13

(D) ECONOMY

* Says current account deficit level unsustainable
* Financing of current account deficit will continue to pose a major challenge
* Risk of pass-through of administered prices into inflation limited on reduced corporate pricing power
* Non-food manufactured products inflation expected to remain contained

For further details information please follow the below link



1 (d) ECS (Debit) mandate management procedure by the banks – adherence to Procedural Guidelines

RBI Notification – April 18, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/513 DPSS (CO) EPPD No. 1918/ 04.03.01/ 2011-12 dated April 18, 2012.

Applicability:

To all the banks

Crux of the Notification:

The banks are advised to adhere to the following:
1.   All the debit mandates executed by the customers authorizing debit in their accounts should be authenticated and stored by the destination banks. Any debit to customers’ accounts will be raised only on the basis of a valid mandate. If such mandates are not available on their record, banks are not authorised to effect such debits to the customers’ accounts. 

2.     The account holder may also be given the facility of putting an upper limit for each individual transaction in the mandate, and / or a time limit for operation of a particular ECS mandate (life of a mandate) by the end user / destination banker. The debit to a customer’s account has to be within this amount and time limits prescribed by the customer.

3.    Any instructions on withdrawal of mandate by the customer will be accepted by the destination banks without necessitating the customer to obtain the prior concurrence / approval for withdrawal from the beneficiary user institution and will be treated equal to a “Stop Payment” instruction in the cheque clearing system. After receipt of such instructions for mandate withdrawal, no debit in the account will be permitted. In view of the possibility of multiple mandates in one account, the banks should be careful to record the withdrawal of the correct mandate. 

For further details information please follow the below link


 
1 (e) Authorised Dealer Category II – Permission for additional activity and opening of Nostro account


RBI Notification – April 18, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/512 A. P. (DIR Series) Circular No. 109 dated April 18, 2012.

Applicability:

All Authorised Persons in Foreign Exchange

Meaning of Nostro and Vostro accounts:

A bank account held in a foreign country by a domestic bank, denominated in the currency of that country. Nostro accounts are used to facilitate settlement of foreign exchange and trade transactions.

Conversely, accounts that are held by the domestic bank in its home country for foreign banks are called vostro accounts, derived from the Latin word for "yours."

Crux of the Notification:

In addition to the earlier instructions specified in the earlier circular ie. A. P. (DIR Series) Circular No. 104  dated April 4, 2012, the Authorised Dealer Category-II entities desirous of opening Nostro accounts may approach the Reserve Bank for a one time approval to open and operate Nostro accounts.

For further details information please follow the below link



1 (f) Grant of ‘Certificate of Registration’ – For carrying on the business of Credit Information – Credit Information Bureau (India) Limited


RBI Notification – April 18, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/510 RPCD.CO RRB.BC No.71 /03.05.33/2011-12 dated April 18, 2012.

Applicability:

Information to all

Crux of the Notification:

Reserve Bank of India has issued ‘Certificate of Registration’ to Credit Information Bureau (India) Limited to carry on the business of credit information. 

For further details information please follow the below link


 
1 (g) Bank Rate and penal interest rates

RBI Notification – April 18, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/515 DBOD.No.Ret.BC.96 /12.01.001/2011-12 dated April 19, 2012.

Applicability:

All Scheduled Commercial Banks

Crux of the Notification:

As per the Monetary Policy Statement 2012-13, the Bank Rate stands adjusted by 50 basis points from 9.50 per cent to 9.00 per cent with effect from April 17, 2012.
All penal interest rates on shortfall in reserve requirements, which are specifically linked to the Bank Rate, also stand revised

Item
Existing Rate
Revised Rate
(Effective from April 17, 2012)
Penal interest rates on shortfalls in reserve requirements (depending on duration of shortfalls).
Bank Rate plus 3.0 percentage points (12.50 per cent) or Bank Rate plus 5.0 percentage points (14.50 per cent).
Bank Rate plus 3.0 percentage points (12.00 per cent) or Bank Rate plus 5.0 percentage points (14.00 per cent).

For further details information please follow the below link



1 (h) External Commercial Borrowings (ECB) Policy – Refinancing / Rescheduling of ECB (Revised)

RBI Notification – April 20, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/520 A. P. (DIR Series) Circular No. 112 dated April 20, 2012.

Applicability:

All Category-I Authorised Dealer Banks

Crux of the Notification:

-      As per the extant guidelines, existing ECB may be refinanced by raising a fresh ECB subject to the condition that the fresh ECB is raised at a lower all-in-cost.

-       On a review, it has been decided that the borrowers desirous of refinancing an existing ECB can raise fresh ECB at a higher all-in-cost/reschedule an existing ECB at a higher all-in-cost under the approval route subject to the condition that the enhanced all-in-cost does not exceed the all-in-cost ceiling prescribed as per the extant guidelines.

-      The modifications to the ECB policy will come into force with immediate effect and will be subject to review.  All other aspects of ECB policy remain unchanged.

-          All the necessary amendments to the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 dated May 3, 2000 are being issued separately wherever necessary.

For further details information please follow the below link


 
1 (i) External Commercial Borrowings (ECB) Policy –
Liberalisation and Rationalisation

RBI Notification – April 20, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/519 A. P. (DIR Series) Circular No. 111 dated April 20, 2012.

Applicability:

All Category-I Authorised Dealer Banks

Crux of the Notification:

On a review of the policy related to ECB and keeping in view the announcements made in the Union Budget for the Year 2012-13, it has been decided to further rationalize and liberalize the extant guidelines as under:-

(i) Enhancement of Refinancing limit for Power Sector

Indian companies in the power sector will be allowed to utilise 40 per cent of the fresh ECB raised towards refinancing of the Rupee loan/s availed by them from the domestic banking system, under the approval route, subject to the condition that at least 60 per cent of the fresh ECB proposed to be raised should be utilised for fresh capital expenditure for infrastructure project(s). All other terms and conditions relating to refinancing of Rupee loans mentioned in A.P. (DIR Series) Circular No. 25 dated September 23, 2011 remain unchanged.

(ii) ECB for Maintenance and Operation of Toll systems for Roads and Highways

ECBs would also be allowed for capital expenditure under the automatic route for the purpose of maintenance and operations of toll systems for roads and highways provided they form part of the original project.

Effect of the notification:

The modifications to the ECB policy will come into force with immediate effect. All other aspects of the ECB policy, such as, maximum permissible limit under the automatic route, eligible borrower, recognised lender,average maturity, all-in-cost, prepayment, refinancing of existing ECB and reporting arrangements shall remain unchanged.

For further details information please follow the below link


 

RBI Notification – April 20, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/518 A. P. (DIR Series) Circular No. 110 dated April 20, 2012.

Applicability:

All Category-I Authorised Dealer Banks

Crux of the Notification:

Export-Import Bank of India (Exim Bank) has concluded an Agreement dated November 23, 2011 with the Government of the Republic of Togo, making available to the latter, a Line of Credit (LOC) of USD 15 million (USD fifteen million) for financing export of eligible goods, services, machinery and equipment including consultancy services for the purpose of financing Rural Electrification Project in Togo. The goods, services, machinery and equipment including consultancy services from India for exports under this Agreement are those which are eligible for export under the Foreign Trade Policy of the Government of India and whose purchase may be agreed to be financed by the Exim Bank under this Agreement. Out of the total credit by Exim Bank under this Agreement, the goods and services including consultancy services of the value of at least 75 per cent of the contract price shall be supplied by the seller from India and the remaining 25 percent goods and services (other than consultancy services) may be procured by the seller for the purpose of Eligible Contract from outside India.

2. The Credit Agreement under the LOC is effective from March 30, 2012 and the date of execution of Agreement is November 23, 2011. Under the LOC, the last date for opening of Letters of Credit and Disbursement will be 48 months from the scheduled completion date(s) of contract(s) in the case of project exports and 72 months (November 22, 2017) from the execution date of the Credit Agreement in the case of supply contracts.

3. Shipments under the LOC will have to be declared on GR / SDF Forms as per instructions issued by the Reserve Bank from time to time.

4.No agency commission is payable under the above LOC. However, if required, the exporter may use his own resources or utilize balances in his Exchange Earners’ Foreign Currency Account for payment of commission in free foreign exchange. Authorised Dealer Category- l (AD Category-l) banks may allow such remittance after realization of full payment of contract value subject to compliance with the prevailing instructions for payment of agency commission.

5.AD Category-I banks may bring the contents of this circular to the notice of their exporter constituents and advise them to obtain full details of the Line of Credit from the Exim Bank’s office at Centre One, Floor 21, World Trade Centre Complex, Cuffe Parade, Mumbai 400 005  or log on to www.eximbankindia.in.

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

For further details information please follow the below link:



1 (k) Printing of MICR Code and IFSC Code on Passbook/Statement of Account

RBI Notification – April 20, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/516 DPSS (CO) RTGS No. 1934/04.04.002/2011-12 dated April 20, 2012.

Applicability:

All banks participating in RTGS, NEFT and NECS

Crux of the Notification:

Currently, the MICR code is available on the cheque leaf along with the IFSC code of the branch. On a review it has been decided that this information should also be made available in the passbook / statement of account of the account holders.

For further details information please follow the below link


 
1 (l) Guidelines on Credit Default Swaps (CDS) for Corporate Bonds-Permitting All India Financial Institutions
RBI Notification – April 23, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/522 IDMD.PCD.4085 /14.03.04 /2011-12 dated April 23, 2012.

Applicability:

All India Financial Institutions

Crux of the Notification:

In addition to the commercial banks, PDs, NBFCs, mutual funds, insurance companies, housing finance companies, provident funds, listed corporates and foreign institutional investors (FIIs) the All India Financial Institutions, namely, Export Import Bank of India (EXIM), National Bank for Agriculture and Rural Development (NABARD), National Housing Bank (NHB) and Small Industries Development Bank of India (SIDBI) are also allowed to participate in the CDS market as user to hedge the underlying credit risk in corporate bonds in their portfolio.

For further details information please follow the below link:


 
1 (m) External Commercial Borrowings (ECB) for Civil Aviation Sector

RBI Notification – April 24, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/523 A. P. (DIR Series) Circular No. 113 dated April 24, 2012.

Applicability:

All Category-I Authorised Dealer Banks

Crux of the Notification:

As per the extant guidelines, availing of ECB for working capital is not a permissible end-use. On a review of the policy related to ECB and keeping in view the announcement made in the Union Budget for the Year 2012-13, it has been decided to allow ECB for working capital as a permissible end-use for the civil aviation sector, under 
the approval route, subject to the following conditions:

         i.           Airline companies registered under the Companies Act, 1956 and possessing scheduled operator permit license from DGCA for passenger transportation are eligible to avail of ECB for working capital;
       ii.         ECB will be allowed to the airline companies based on the cash flow, foreign exchange earnings and its capability to service the debt;
      iii.            The ECB for working capital should be raised within 12 months from the date of issue of the circular;
      iv.             The ECB can be raised with a minimum average maturity period of three years; and
    v.         The overall ECB ceiling for the entire civil aviation sector would be USD one billion and the maximum permissible ECB that can be availed by an individual airline company will be USD 300 million. This limit can be utilized for working capital as well as refinancing of the outstanding working capital Rupee loan(s) availed of from the domestic banking system. Airline companies desirous of availing of such ECBs for refinancing their working capital Rupee loans may submit the necessary certification from the domestic lender/s regarding the outstanding Rupee loan/s. 

2. ECB availed for working capital/refinancing of working capital as above will not be allowed to be rolled over.

3. The application for such ECB should be accompanied by a certificate from a chartered accountant confirming the requirement of the working capital loan and the projected foreign exchange cash flows/earnings which would be used for servicing the loan. Authorised Dealer should ensure that the foreign exchange for repayment of ECB is not accessed from Indian markets and the liability is extinguished only out of the foreign exchange earnings of the borrowing company.

4. The modifications to the ECB policy will come into force from the date of this circular. All other aspects of the ECB policy shall remain unchanged.

For further details information please follow the below link



1 (n) Priority Sector Lending-Indirect Finance to Housing Sector 

RBI Notification – April 25, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/524 RPCD.CO.Plan.BC.73 /04.09.01/2011-12 dated April 25, 2012.

Applicability:

All Scheduled Commercial Banks (excluding Regional Rural Banks)

Crux of the Notification:

Pursuant to the announcement made by Union Finance Minister in the Union Budget for the year 2012-13, it has been decided to increase the limit from Rs.5 lakh to Rs.10 lakh for the bank loans extended to non-governmental agencies, approved by NHB for their refinance, for on-lending for the purpose of construction/reconstruction of individual dwelling units or for slum clearance and rehabilitation of slum dwellers.
The revised limit is applicable to the bank loans sanctioned from the date of this circular.

For further details information please follow the below link



1 (o) Monetary Policy Statement 2012-13 - Exposure to Housing, Real Estate and Commercial Real Estate - Primary (Urban) Co-operative Banks

RBI Notification – April 26, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/525 UBD.BPD. (PCB). Cir. No.31 /13.05.000/2011-12 dated April 26, 2012.

Applicability:

All Primary (Urban) Co-operative Banks.

Crux of the Notification:

At present, UCBs are permitted to assume aggregate exposure on real estate, commercial real estate and housing loans up to a maximum of 10 per cent of their total assets with an additional limit of 5 per cent of their total assets for housing loans up to `1.5 million. In order to facilitate enhanced priority sector lending, it is decided:
  • to permit UCBs to utilise the additional limit of 5 per cent of their total assets for granting housing loans up to `2.5 million, which is covered under the priority sector.
For further details information please follow the below link


1 (p) Intra-bank Deposit Accounts Portability

RBI Notification – April 27, 2012:

We draw your attention to the RBI notification no. RBI/2011-12/528 DBOD.AML. BC. No. 97 /14.01.001/2011-12 dated April 27, 2012.

Applicability:

All Scheduled Commercial Banks (excluding RRBs)/Local Area Banks

Crux of the Notification:

Banks are advised that KYC once done by one branch of the bank should be valid for transfer of the account within the bank as long as full KYC has been done for the concerned account. The customer should be allowed to transfer his account from one branch to another branch without restrictions. In order to comply with KYC requirements of correct address of the person, fresh address proof may be obtained from him/her upon such transfer by the transferee branch. It may be noted that instructions regarding periodical updation of KYC data in terms of para 2.4(e) and those on maintenance of records of identity and transaction in terms of para 2.21(iii) of the RBI Master circular DBOD.AML.BC. No.2/14.01.001/ 2009-10 dated July 01, 2011 remain unchanged and banks will be required to carry out the updation at prescribed intervals as also maintain records of transactions and verification of identity as prescribed.

For further details information please follow the below link



MCA UPDATES:

2(a) Alterations in the Schedule XIV of the Companies Act, 1956

MCA Notification – April 17, 2012:

We draw your attention to the MCA notification dated April17, 2012.


All the Companies.

Crux of the Circular:


In addition to the present schedule XIV further alterations are made to the same.


For further information please follow the below mentioned MCA circular:














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