Bank Rules And Regulations Pdf
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- Board of Governors of the Federal Reserve System
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Guidelines that are currently in effect can be found on this webpage. Guidelines that are outdated or superseded by subsequent documents are housed under Archive section. Skip to main content.
Board of Governors of the Federal Reserve System
Government oversight : In the past, the Government has nationalised a number of major commercial banks. While the Government has not made any moves to nationalise the banks any further, the Government has the power to acquire undertakings of an Indian bank in certain situations, including for breach of applicable regulations.
The Government has also been and is in the process of merging various public sector banks to strengthen the balance sheets of the banks and also has plans to reduce Government stakes in the public sector banks as part of its disinvestment plans. Foreign banks : There are about 46 foreign banks that have already set up banking operations in India. While foreign banks are currently operating through branch models in India, guidelines have been issued in the year , which require foreign banks to operate through either a wholly-owned subsidiary WOS incorporated in India, or through branches set up in India.
Further, foreign banks which have been set up in India after August are required to operate in India through a WOS incorporated in India in the event that the ownership structure of the foreign bank was complex, or the business of the said bank was significant, or the host country regulations were not satisfactory.
Under these guidelines, foreign banks were also incentivised to operate through a WOS located in India, as they will then be treated in a similar fashion as Indian banks. Apart from the banks referred to above, the banking system in India also comprises non-banking financial companies NBFCs and housing finance companies HFCs , which perform similar functions to those of scheduled commercial banks but are not regulated in the same manner.
The Government also passed the International Financial Services Centres Authority Bill, in December, which sets out a unified approach in regulating cross-border financial products, financial services, and financial institutions. Unless specified otherwise, this chapter will focus on the regulatory regime governing scheduled commercial banks in the private sector.
The RBI is the central bank of India, and the primary regulatory authority for banking. An entity intending to carry out banking business in India must obtain a licence from the RBI. The RBI has wide-ranging powers to regulate the financial sector, including: prescribing norms for setting up and licensing banks including branches of foreign banks in India, and whether a foreign bank should be set up in India under the branch model or a WOS model ; corporate governance; prudential norms; and conditions for structuring products and services.
In relation to banking operations, there are certain restrictions applicable to end use of the loans and advances provided by banks, including in relation to funding real estate and capital market transactions and speculative transactions, as well as for onward lending to other financial institutions, which use the funds for any of these purposes. By ensuring that one of the most important pillars of the economy — the banking system — is engaged with the priority sector, the Government hopes that the economy itself will be guided in a direction which serves all sections of society.
Following the economic crisis in , the RBI came out with a slew of measures to buttress the banking system and improve the quality of its assets. Some of these measures include:.
Every bank in India is expected to be set up in the form of a company, save and except for foreign banks, which are allowed to operate in India through branches.
The BR Act sets out the key provisions to be complied with by each banking company in relation to the constitution of its board, the criteria for appointment of its directors, and the role of the board. Some of them are:. Further, the appointment, re-appointment or termination or remuneration of a chairman, a managing or whole-time director, manager or chief executive officer, and any amendment of it, requires prior approval of the RBI, in accordance with the BR Act.
In addition to the provisions of the BR Act, the Companies Act, CA sets out certain corporate governance standards which would have to be complied with. Under the SEBI LODR, listed entities are required to constitute the following committees, to aid the listed entity in smooth functioning and ensuring compliance with various corporate governance policies: i audit committee to review compliance-related matters, including related party transactions; ii nomination and remuneration committee to review the remuneration policies in relation to the management from time to time; iii stakeholders relationship committee to specifically look into various aspects of interest of shareholders, debenture holders and other security holders; and iv risk-management committee to set up risk-management controls and devise risk-management policies.
Additionally, there are various guidelines issued by the RBI which govern the functioning of a bank and its management, including provisions relating to conflict of interest, having an adequate compliance team and appropriate customer redressal mechanisms.
In this regard:. Further, RBI also inspects and supervises banking operations through on-site inspections and off-site surveillance. Appropriate transitional arrangements have been made to ensure that Basel III can be implemented smoothly. These transitional arrangements have been provided to meet the minimum Basel III capital ratios and adjustments to the capital components. All scheduled commercial banks except regional rural banks are required to comply with Basel Regulations and these banks are required to comply with the Basel Regulations both at individual and consolidated level.
For determining CRAR, the RBI has prescribed the following: i risk weights for balance sheet assets, non-funded items and other off-balance sheet exposures; ii minimum capital funds to be maintained as a ratio to total risk-weighted assets and other exposures; and iii capital requirements in the trading book. The RBI has licensed certain entities as payments banks. These banks are required to maintain a minimum paid-up equity capital of Rs.
Capital includes both Tier 1 and Tier 2 capital. Tier 1 capital, among others, includes paid-up capital, statutory reserves, stock surplus; and Tier 2 capital, among others, includes debt capital instruments, preference share capital and revaluation reserves, etc.
Commencing from April , every year, the RBI categorises some banks as domestic systemically important banks DSIBs under different brackets, which banks are then required to maintain certain additional capital. These banks are required to maintain additional Tier 1 Capital of 0. For enforcing the capital adequacy requirements as per the Basel Regulations, there is supervision at the bank level as well as at the supervisory authority level.
There are various disclosures that allow market participants to assess risk exposure, the risk-assessment process and capital adequacy of a bank, which help in analysing if the banks are implementing the Basel Regulations. For supervision at the bank level, banks are required to assess the capital adequacy of banks in relation to their risk profiles. The RBI may prescribe a higher level of minimum capital ratio for each bank on the basis of their respective risk profiles and risk management systems.
Banks in India are subject to consumer protection laws that act as an alternative and speedy remedy to approaching courts, a process that can be expensive and time-consuming.
The Consumer Protection Act, the Consumer Protection Act is the primary legislation governing disputes between consumers and service providers. The relationship between a bank and its customer is regarded as that of a consumer and service provider, therefore bringing them under the ambit of the Consumer Protection Act. Any complaint under the Consumer Protection Act is dealt with in the following manner:.
In addition, banks are subject to the Banking Ombudsman Scheme for the purpose of adjudication of disputes between a bank and its customers. The scheme provides for a grievance-redressal mechanism, enabling speedy resolution of customer complaints in relation to services rendered by banks.
The banking ombudsman is a quasi-judicial authority appointed by the RBI to deal with banking customer complaints relating to a deficiency of services by a bank and facilitate resolution through mediation or passing an award.
A complaint under the scheme has to be filed within one year of the cause of action having arisen. Under these statutory provisions, banks are required to follow certain customer-identification procedures while undertaking a transaction, by establishing an account-based relationship or otherwise monitoring their transactions. In furtherance of the principles set out therein, the RBI has also from time to time issued various guidelines to combat money laundering and setting out detailed KYC requirements.
In terms of the regulations referred to above, banks are required to form a KYC policy which should include elements like risk management; customer-identification procedures and monitoring of transactions, etc. The RBI has also formulated a fair practices code which sets out the guiding principles which each bank should use to arrive at an individual fair practices code, setting out the manner in which they should deal with their customers.
In India, transactions with affiliates referred to as related-party transactions RPTs are essentially regulated by the CA Related parties, as per CA , include:. In relation to listed companies and certain classes of public companies, i. For example, a bank cannot give loans or advances to, or on behalf of, or remit any amounts due to it by:.
Cross-border financial activities undertaken in India are governed by comprehensive frameworks such as the ECB Regulations, FEMA and the foreign direct investment FDI policy issued by the government from time to time, amongst others. A large number of approval items under the ECB Regulations have been delegated by the RBI to banks, which are licensed as authorised dealers AD , and such ADs play an important role in connection with any cross-border financing transaction, whether in the form of bonds or loans.
The ECB Regulations place certain end-use restrictions, limits on borrowings, procedure of raising funds, monthly reporting and other additional requirements. The ECB Regulations also govern the manner in which foreign subsidiaries or branches of Indian banks are allowed to lend to persons resident in India. The content of this website is for general information purposes only and does not purport to provide comprehensive full legal or other advice.
Global Legal Group Ltd. This material is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. Please see our terms and conditions page for further details. Free Newsletter. About Us Contact Us Partners. Toggle navigation. Sign up for free newsletter. Home Practice areas Banking Regulation India. Banking Regulation India.
Regulatory architecture: Overview of banking regulators and key regulations. Recent regulatory themes and key regulatory developments. Bank governance and internal controls. Bank capital requirements. Back to top. Banks in India comprise: scheduled commercial banks i. The RBI Act empowers the RBI to issue rules, regulations, directions and guidelines on a wide range of issues relating to the banking and financial sector. It also gives the RBI the power to grant licences to banks and regulate their business operation.
The BR Act also sets out details of the various businesses that a bank in India is permitted to engage in. RBI circular dealing with setting up of branches and subsidiaries by foreign banks, being the Scheme for Setting up of WOS by foreign banks in India issued on November 6, as amended from time to time.
Additionally, complicated securitisation structures like synthetic securitisations and securitisations of credit card receivables, have been prohibited.
The RBI has been issuing a flurry of directions in relation to methods of identifying bad assets and resolution in connection therewith. While the initial regulations were detailed in nature as to resolution of a bad asset, with the coming into force of the new bankruptcy code, the RBI has now restricted the regulations on large stressed assets to reporting and provisions, and now requires banks to use the provisions of the new bankruptcy code for resolution of such large stressed assets.
The RBI also introduced the recommendations of the Basel committee in relation to strengthening the banking system in a phased manner. The Basel III regulations were introduced in April 1, and the banks were required to comply with its phases with the last phase being implemented by March 31, In addition to the above, the following developments are also worth noting: To address the liquidity concerns of the NBFC market, the RBI introduced relaxations to minimum holding period norms prescribed for the assignment of mortgage backed loans.
The Insolvency and Bankruptcy Code, was introduced to govern insolvency and related matters for all debtors, which originally excluded financial service providers which would include banks, NBFCs and HFCs. Given the liquidity concerns surrounding financial service providers, the Government notified rules for the insolvency resolution process to be undertaken with respect to financial service providers, being the Insolvency and Bankruptcy Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority Rules, The corporate insolvency resolution process can only be initiated against these financial service providers upon an application being made by the RBI in this regard.
These regulations would still not cover banks and separate regulations are expected in this regard. The Government has been encouraging digital innovations in the finance space. The RBI in released a structured proposal to create a regulatory sandbox for fintech products and platforms which provide a playing field to fledgling fintech businesses to experiment with products in controlled environments. The RBI and the Government have also been taking necessary steps and examining the measures to be taken to promote digital transactions in order to promote a cashless economy.
The Government has recently notified of exemptions on levying charges for users of certain digital payment methods, in the interest of working towards this goal. Of these directors, at least two must have an expertise in agriculture and rural economy, co-operation or small-scale industry. A bank director must not have a substantial interest in, or be connected with as an employee, manager or managing agent any company or firm carrying on trade, commerce or industry which is not a small-scale industrial concern.
Directors of banks are not allowed to own a trading, commercial or industrial concern. Directors of banks cannot hold office continuously for a period exceeding eight years, except for the chairman or a full-time director.
Laws and Rules
Federal Reserve Financial Services are governed by the terms and conditions that are set forth in the following operating circulars. Please refer to Communications for announcements related to changes to the operating circulars. OC 1 contains the terms for opening, maintaining, and terminating a master account with a Federal Reserve Bank, as well as general provisions regarding Reserve Bank services applicable to institutions whether or not they maintain a Reserve Bank account. OC 3 applies to the handling of all cash items that we accept for forward collection and all returned checks that we accept for return. OC 4 applies to clearing and settlement of commercial automated clearing house ACH credit and debit items by the Federal Reserve Banks, sending banks, and receiving banks.
Bank regulation is a form of government regulation which subjects banks to certain requirements, restrictions and guidelines, designed to create market transparency between banking institutions and the individuals and corporations with whom they conduct business, among other things. As regulation focusing on key factors in the financial markets, it forms one of the three components of financial law , the other two being case law and self-regulating market practices. Given the interconnectedness of the banking industry and the reliance that the national and global economy hold on banks, it is important for regulatory agencies to maintain control over the standardized practices of these institutions. Another relevant example for the interconnectedness is that the law of financial industries or financial law focuses on the financial banking , capital, and insurance markets. This holds that many financial institutions particularly investment banks with a commercial arm hold too much control over the economy to fail without enormous consequences.
The BIS hosts nine international organisations engaged in standard setting and the pursuit of financial stability through the Basel Process. For background, set out below are the main publications that describe the changes to the Basel Framework that were agreed as part of Basel III. Basel III is an internationally agreed set of measures developed by the Basel Committee on Banking Supervision in response to the financial crisis of The measures aim to strengthen the regulation, supervision and risk management of banks. Like all Basel Committee standards, Basel III standards are minimum requirements which apply to internationally active banks. Members are committed to implementing and applying standards in their jurisdictions within the time frame established by the Committee.
Laws & Regulations
Government oversight : In the past, the Government has nationalised a number of major commercial banks. While the Government has not made any moves to nationalise the banks any further, the Government has the power to acquire undertakings of an Indian bank in certain situations, including for breach of applicable regulations. The Government has also been and is in the process of merging various public sector banks to strengthen the balance sheets of the banks and also has plans to reduce Government stakes in the public sector banks as part of its disinvestment plans. Foreign banks : There are about 46 foreign banks that have already set up banking operations in India.
It provides the rules and policy issuances that implement the broader provisions of Republic Act No. Contains list of issuances of policy exposure drafts for comments and feedback by stakeholders. Maria Cynthia M.
The Single Rulebook aims to provide a single set of harmonised prudential rules which institutions throughout the EU must respect. The term Single Rulebook was coined in by the European Council in order to refer to the aim of a unified regulatory framework for the EU financial sector that would complete the single market in financial services. It will close regulatory loopholes and will thus contribute to a more effective functioning of the Single Market. Interactive Single Rulebook. European banking legislation was previously based on Directives which left room for significant divergences in national rules.
central bank of ireland
As credit unions grow larger and more complex, the regulatory framework must keep pace to maintain the strength and stability of the entire credit union system. In our rulemaking, the NCUA responds to these changes and addresses emerging risk. We also endeavor to reduce the regulatory burden, where appropriate, and provide credit unions with more flexibility to manage their operations, reduce their administrative hurdles, and allow credit unions to better compete in the financial services marketplace. The Federal Credit Union Act is the source of authority for all federally chartered credit unions and governs the coverage and terms of insured accounts at all federally insured credit unions. The NCUA invites the public to submit a comment on any of its proposed rules. As a public service, and in an effort to help credit unions, lawyers, and others having an interest in the law applicable to federally insured credit unions better understand the statutes and regulations administered by the National Credit Union Administration, the NCUA publishes certain of staff's legal opinions and interpretive letters issued since
The CBUAE is not a retail bank and we do not carry out transactions or hold funds for members of the public. If you have been informed via email, social media, telephone or post that you have a claim on or have funds held at the CBUAE or you have received any documents or details of investment opportunities that appear to come from the CBUAE, it is likely to be fraudulent. The CBUAE is aware that its name and that the names of some of its employees are sometimes used to progress different forms of fraud, perpetrated against third parties. Some of these scams are attempts at identity theft, including fraudulent emails, faxes, including copies of our website. We urge you to make sure that all communications are legitimate and NOT to send money to any unauthorized individuals or institutions.
The nomination facility is available on Savings Bank Accounts and the account holders are advised to avail of this facility for smooth settlement of claim by legal heirs in unforeseen circumstances. Nomination can be made in favour of only one nominee. In case they do not wish to make a nomination, the fact should be recorded on the account opening form under their full signature. Joint account with survivorship benefit can be operated by the survivor, in such circumstances. Rule Nos.