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Monday 4 June 2012

Updates for the period from May 19, 2012 to May 31, 2012




RBI UPDATE

Sr No
Circular/ Notification number
Particulars
Applicability
1 (a)
RBI/2011-12/569 A.P. (DIR Series) Circular No. 129 dated May 21, 2012
Risk Management and Inter Bank Dealings
All Banks

(b)
RBI/2011-12/577 RPCD.CO. RCB.BC.No. 78/07.38.01/2011-12 dated May 28, 2012
Conversion of Term Deposits, Daily Deposits or Recurring Deposits for Reinvestment in Term Deposits by State and Central Co-operative Banks
All Banks

(c) 
RBI/2011-12/581 DNBS.PD.CC.No.276/03.02. 089 /2011-12 dated May 30, 2012
Uniformity in Risk weight for assets covering PPP and post COD projects
All Infrastructure Finance Companies

(d)
RBI/2011-2012/585 A.P. (DIR Series) Circular No.131 dated May 31, 2012
Overseas Direct Investments by Indian Party-            
Online Reporting of Overseas Direct Investment in Form ODI
Authorised Dealer Banks


MCA UPDATES

2 (a)
10/2012 dated May 21, 2012.
Guidelines for declaring a financial institution as public financial institution under section 4A of the Companies Act
All the Financial Institutions



RBI UPDATES

1(a) Risk Management and Inter Bank Dealings

 

RBI Notification – May 21, 2012

We draw your attention to the RBI notification no RBI/2011-12/569 A.P. (DIR Series) Circular No. 129 dated May 21, 2012.

Applicability:

All Banks

Crux of the Notification:

On the Net Overnight Open Position Limit (NOOPL) the following has been decided by RBI:

         i.          The current NOOPL of the banks as applicable to the positions involving Rupee as one of the currencies shall not include the positions undertaken in the Currency Futures/Options segment in the exchanges.

       ii.           The positions in the exchanges (both Futures and Options) cannot be netted/offset by undertaking positions in the OTC market and vice-versa. The positions initiated in the exchanges shall be liquidated/closed in the exchanges only.

      iii.           The position limit for the trading member AD Category-I bank in the exchanges for trading Currency Futures and Options shall be US$ 100 million or 15 per cent of the outstanding open interest, whichever is lower.

For further details information please follow the below link



1(b) Conversion of Term Deposits, Daily Deposits or Recurring Deposits for Reinvestment in Term Deposits by State and Central Co-operative Banks

RBI Notification – May 28, 2012

We draw your attention to the RBI notification no RBI/2011-12/577 RPCD.CO. RCB.BC.No. 78/07.38.01/2011-12 dated May 28, 2012.

Applicability:

All banks

Crux of the Notification:

As per this notification on obtaining a request from the depositor, the bank should allow the closure of a term deposit, a deposit in the form of daily deposit or recurring deposit, to enable the depositor to immediately reinvest the amount lying in the aforesaid deposits with the same bank in another term deposit. The bank shall pay interest in respect of such term deposit without reducing the interest by way of penalty provided that the deposit remains with the bank after reinvestment for a period longer than the remaining period of the original contract.

In order to facilitate better Asset Liability Management (ALM), it has been decided to permit banks to formulate their own policies towards conversion of deposits with immediate effect.

For further details information please follow the below link
 

1(c) Uniformity in Risk weight for assets covering PPP and post COD projects

RBI Notification – May 30, 2012

We draw your attention to the RBI notification no RBI/2011-12/581 DNBS.PD.CC.No.276/03.02. 089 /2011-12 dated May 30, 2012.

Applicability:

All Infrastructure Finance Companies

Crux of the Notification:

The Reserve Bank, vide its notification No.DNBS.233/CGM(US)-2011 dated November 21, 2011 viz; Infrastructure Debt Fund-Non-Banking Financial Companies (Reserve Bank) Directions, 2011 issued detailed guidelines with regard to regulation of IDF-NBFCs.In terms of the Guidelines,for the purpose of computing capital adequacy, IDF-NBFCs are permitted to assign a risk weight of 50 percent on bonds covering PPP and post commercial operations date (COD) projects in existence over a year of commercial operation.

2.In order to bring uniformity in regulations in this regard, it has been decided to extend the above reduction in risk weight to all Infrastructure Finance Companies (IFCs) for assets covering PPP and post COD projects which have completed at least one year of satisfactory commercial operations.

For further details information please follow the below link

 
1 (d) Overseas Direct Investments by Indian Party-
Online Reporting of Overseas Direct Investment in Form ODI

RBI Notification – May 31, 2012

We draw your attention to the RBI notification no RBI/2011-2012/585 A.P. (DIR Series) Circular No.131 dated May 31, 2012.

Applicability:

Authorised Dealer Banks

Crux of the Notification:

1. All the authorized dealers banks were advised about the operationalisation of the online reporting system of overseas direct investments (ODI) with effect from March 2, 2010. The system, inter alia enables online generation of the Unique Identification Number (UIN).

2. Under the online reporting system, AD Category – I banks could generate the UIN online under the automatic route. However, reporting of subsequent remittances under the automatic route as well as the approval route was to be done online in Part II of form ODI, only after receipt of the letter from the Reserve Bank confirming the UIN.

3. It has now been decided to communicate the UIN in respect of cases under the Automatic Route to the ADs/Indian Party through an auto generated e-mail to the email-id made available by the AD/Indian Party. Accordingly, with effect from June 01, 2012 (Friday), the auto generated e-mail, giving the details of UIN allotted to the JV / WOS under the automatic route, shall be treated as confirmation of allotment of UIN, and no separate letter shall be issued by the Reserve Bank to the Indian party and AD Category - I bank confirming the allotment of UIN.

4. It may also be noted that the subsequent remittances under the automatic route and remittances under the approval route are to be reported online in Part II of form ODI, only after receipt of the e-mail communication/confirmation conveying the UIN.

5. The applications in form ODI for overseas direct investment under the approval route would continue to be submitted to the Reserve Bank in physical form as hitherto, in addition to the online reporting of Part I of the Form as contemplated in A.P. (DIR Series) Circular No. 36 dated February 24, 2010.

For further details information please follow the below link
 MCA UPDATES

2(a) Guidelines for declaring a Financial Institution as Public Financial Institution under section 4A of the Companies Act

MCA Circular – May 21, 2012

We draw your attention to the MCA Circular no 10/2012 dated May 21, 2012.

Crux of the Circular

On fulfilling the following criteria’s a Financial Institution can be classified as a Public Financial Institution under section 4A of the Companies Act

a.     A company or corporation should be established under a special Act or the Companies Act, 1956 being a central act

b.    Main business of the company should be industrial/ infrastructural financing.

c.    The company must be in existence for at least 3 years and its financial statements should show that its income from industrial/ infrastructural financing activities exceeds 50% of tis total income

d.       The net worth of the company should be minimum of Rs. 1000 Crore

e.       The company is registered as an Infrastructure Finance Company (IFC) with RBI or as a Housing Finance Company (HFC) with National Housing Bank

Note:
NOC from RBI/NHB, in the case of IFC/HFC with regard to supervisory concerns, if any, must be obtained and enclosed with the application
For further details information please follow the below link

http://mca.gov.in/Ministry/pdf/General_Circular_No_10_2012.pdf

 

           

 

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