Reserve Bank of India – Press Releases
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In case a depositor have an FD account individually or in a single name with a nomination, then the designated nominee can only seek the FD amount upon the depositor’s death by providing the depositor’s death certificate and proof of identity. If there is no nomination, the depositor’s family members must file a succession certificate, as well as the depositor’s death certificate, to claim the funds. The bank will request a legitimate heir certificate if there is succession certificate and the money will be divided equally among all legitimate heirs.
If the depositor have a joint account, the claim process will be determined by the category of joint account, which includes “Either or Survivor,” “Anyone or Survivors,” “Former or Survivor,” “Latter or Survivor”, “Jointly” and “Jointly or Survivor”.
This account can only be operated by two individuals: the primary account holder and the secondary account holder. On the death of any of the account holders, the total balance and interest (if any) will be paid to the survivor. The account can be continued by the survivor. And if the account has a nomination, the funds will go to the survivor. And if both account holders die then the nominee will be allowed to claim the amount. The maturity proceeds will be divided among the legitimate heirs of both depositors in case both the account holders die and there is no nominee.
This is close to the above-mentioned joint account. In this case, though, the account can be operated by more than two individual persons. All in the family members can manage this kind of joint account. In case of death of one or more account holders and if there are more than two individuals named on the FD, the bank will reimburse the total balance and interest to the survivors. The nominee will receive the funds until all depositors die. If no nomination is made, the fund will be transferred to the legitimate heirs of the late depositor and the surviving deposit holders upon the death of one or more depositors. The proceeds will be distributed to the legitimate heirs of all depositors upon their death.
Only the primary account holder can access and manage this form of joint account until hos or her demise. Only after the primary account holder has expired the second account holder can run the account and withdraw funds. The second account holder will be required to file the first account holder’s death certificate to claim the funds. The eligible nominee will be allowed to withdraw funds on n the death of both holders. The money will be allocated to the legitimate heirs of all depositors if there is no designated nominee and all depositors die.
This works in the same way as the “former/survivor” account. The distinguishing factor is that only the second account holder can manage the account until he or she dies. Only after the death of the secondary account holder, the primary account holder (first account holder) can manage the account and withdraw funds accordingly. When all depositors die, the principal amount, plus any interest, will be paid to the nominee. If there is no nominee and all account holders die, the money will go to the legitimate heirs of the holders.
All transactions in this type of account must be approved and confirmed by all account holders. The account will be become inactive if any of the account holders dies and the maturity proceeds will be paid to the survivor.
This is identical to the above discussed option “jointly.” The main distinction is that the account can be operated by the survivor. Conversely, the account’s proceeds will be provided to him or her.
In addition to the above alternatives, there is a type known as a “Minor Account.” An adult guardian can be added as a joint account holder if the primary account holder is under the age of 18 years old. If the mode of service is “either or survivor” or “jointly,” all current account holders must sign the application form which is an important point to note here. According to the RBI guidelines, deposit accounts under which a valid nomination is available and opened under the survivor provision i.e. either or survivor or former or survivor or anyone or survivor or latter of survivor; the payment to the survivor(s)/nominee of the deposit account is a valid release of the liability of the bank provided once it has been adequately looked after, and cautioned in the deposit account.
Such bank payments to the survivor(s)/nominee does not impact any person’s right or claim against the survivors. Banks should not rely on presenting the legal representation/succession certificate/letter of administration or probate, etc. In the event of accounts without the survivor/nominee provision, banks may set a minimum balance threshold in the deceased account for which claims are to be settled and without requiring any documents other than the indemnity letter. The banks may follow the same procedure for the deposit accounts in order to access the contents of the locker/safe custody article concerning the death of the locker holder/article depositor.
The repayment of claims and disbursement payments to survivors / nominees is approved by the banks for payment within a span of not more than 15 days after the date on which the claim has been received subject to a proof of the death of the depositor and appropriate acknowledgement of the claim(s). In the case of missing persons, claims can be addressed on the grounds of presumption of death, which can be addressed only after a period of seven years has passed after the person was declared missing to a competent court and the court presumes the individual is dead under Section 107/108 of the Indian Evidence Act, 1872. By establishing a threshold cap, banks can devise a policy to address claims in respect of lost individuals without depending on the submission of any documents other than the FIR, the traceable report by police authorities and indemnity letter.
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However, The RTGS system will continue to be operational as usual during this period. Similar technical upgrade for RTGS was completed on April 18, 2021.
NEFT Members will continue to receive event update(s) through NEFT system broadcasts.
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The central bank is of the view that suspension will only show lower non-performing assets. While the government has to take a final decision, the widespread distress after the restrictions may weigh on its mind.
Officials feel the demand was being amplified by a section of the industry that was facing stress even before the pandemic hit India. Besides, by all accounts, the corporate performance has been encouraging up to the March quarter and the assessment is that the recovery this time will be faster than last year, given that businesses have not completely shut down and supply chains remain open.
Growing clamour
Lenders, however, want suspension of the Insolvency and Bankruptcy Code, which was reanimated on March 24 after being suspended for a year.
Banks were planning to petition the government to keep the IBC process under suspension to help companies restructure their finance to face the renewed vigour of the pandemic, according to a report.
Also, the court proceedings are hampered due to the pandemic with courts hearing only urgent matters.
Experts are seeking an extension of IBC to 3-6 months and taking a call after that depending on the situation.
Growing stress
The corporate sector has pitched for a fresh suspension, arguing that there will be additional stress in the wake of the lockdown announced across most states to check the surge in cases, which are still rising by over three lakhs daily.
Industry body Assocham has urged the government to reimpose a moratorium on taking debt-ridden firms to the NCLT under the IBC till December this year following the severe second wave of coronavirus. In a representation to the Finance Ministry, the chamber said that given the increasing pressure on businesses, it would be imperative to extend the NCLT (National Company Law Tribunal) moratorium to ensure that the pandemic “does not wreak havoc” on the economy.
The Indian hotel industry has taken a hit of over Rs 1.30 lakh crore in revenue for the fiscal year 2020-21 due to the impact of the COVID-19 pandemic, the Federation of Hotel & Restaurant Associations of India (FHRAI) said on Sunday.
The apex industry body said it has submitted representation to the Prime Minister and a few other union ministers urging immediate support from the government to save the hospitality sector from imminent collapse and has requested for several fiscal measures for this.
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Investment
oi-Roshni Agarwal
As per the AMFI’s monthly mutual fund performance tracker report, net inflows into the open-ended equity schemes continued to be positive for the second straight month in April. Among the different categories, thematic or sectoral funds netted the most inflows to the tune of Rs. 1705 crore as per a Groww report. On the other hand, the subcategories that saw outflows include multi-cap fund, dividend yield fund, value fund/ contra fund and ELSS schemes.
Here we will discuss some of the top thematic funds in terms of their performance. But before that’s let’s understand thematic schemes and their other basics:
Thematic mutual funds are open-ended equity schemes that invest in pre-decided investment theme. Say for instance, the fund bullish on agriculture situation in the economy will bet on all such areas including fertilizer, chemicals, and sugar stocks among others.
– High risk takers:
Thematic funds are typically ideal for those who can afford high risk as thematic or sectoral funds are the riskiest categories among the various mutual fund sub-categories. This is because the scope of investment in the fund gets restricted as the investment is limited to the pre-decided theme. Consequently the fund is semi-diversified and in a case when the theme does not augurs well owing to any of the fundamentals or technical’s involved, the scheme might suffer substantially.
– Investor who has longer available term for the investment returns:
Higher returns are not generated overnight by any investment and same is the case with thematic funds that show up their best potential in some considerable span as the sector or the theme may take time to perform at its best. Buy by and large these schemes are not advised for new mutual fund investors.
– Well versed investors with know-how on macros, sectors etc:
Investor knowing about the macros of the economy, its dynamism and of the various sectors and the factors that influence them may be able to better pick the thematic funds as they are theme-based and may park their money into stocks from different sectors.
4 Five-Star CRISIL Ranked Thematic Funds That Gave 1-Yr Return Of Up To 120%
Scheme or fund name | CRISIL Rank | AUM( in crores) | NAV | 6 month | 1 year | 3 year | 5-year return |
---|---|---|---|---|---|---|---|
DSP Natural Resources and New Energy fund- (G) | 5* | 588.74 | 49.3 | 60.55% | 120.00% | 13.00% | 21.00% |
Invesco India Infrastructure Fund-(G) | 5* | 113.87 | 23.91 | 34.00% | 61.00% | 10.00% | 14.00% |
BOI AXA Manufacturing and Infra fund- (G) | 5* | 46.3 | 23.06 | 33.00% | 77.00% | 7.00% | 15.00% |
Sundaram Rural and Consumption Fund- (G) | 5* | 1269.4 | 48.59 | 13.00% | 43.00% | 4.00% | 11.00% |
Note: Returns and NAV are as on May 14, 2021 and sourced from Money control website.
CRISIL 5-Star rating for the fund indicates very good performance among peer schemes. Expense ratio of the fund is 2.5% and falls under the high-risk category investment as per the MF risk-o-meter. The fund’s total investment into Indian stocks is 75% investment in of which 48.11% is into large cap, 23.4% is in mid cap and 2.38% in small cap stocks.
Rs.10000 invested in the scheme on May 12, 2020 is now value at Rs 21977, providing an annualized 1-year return of 120 percent. Some of the top holdings of the fund include Tata Steel, Jindal Steel and Power, Hindalco, Hindustan Zinc and SAIL among others.
Another 5 star rated thematic fund from the Invesco Mutual fund AMC is a high risk mutual fund scheme. Expense ratio of the fund is 2.65%which is more than the category average of 2.51%. Fund has over 90 percent investment into Indian stocks of which the major chunk goes to the small cap stocks of over 40 percent.
A sum of Rs. 10000 invested on May 12, 2020 are now worth Rs. 16295, giving an annualized return of 62.95%. The fund’s holdings comprise L&T, NTPC, KNR Constructions, RIL, Tata Steel, PNC Infratech and KEC International among others.
Another high risk thematic scheme entails an expense charge of 2.53%. 98% of the scheme’s investment is into Indian stocks of which the scheme is majorly invested into small cap stocks, while some of its investments are parked in G-securities. These schemes are primarily suitable for investors who have deep insight on the macros and wish to go for selective schemes that can produce higher return as against equity schemes.
Rs. 10000 invested on May 14, 2020 are now valued at Rs. 17684, providing annualized return of 77 percent. Top 10 stocks in the scheme’s portfolio include Honeywell Automation, Tube Investments, Divis Lab, Dixon Tech, APL Appolo Tubes, Gujarat Gas etc.
The scheme carries moderately high risk as per the Risk-o-meter and commands a lower expense ratio of 2.31 percent as against the category average of 2.36%. The fund is largely invested into large-cap scrips with 40% exposure in them.
Rs. 10000 invested in the fund as lump sum as on May 14 is valued at Rs.14337, generating an annualized return of 43 percent. The fund’s holding comprises Tata Consumer, Varun Beverages, HUL, Asian Paints, HDFC Bank, Mahindra and Mahindra, ICICI Bank, Ramco Cements etc.
It is the post-tax return that matter in the long run and hence depending upon your holding period, taxation rules apply.
Holding Period | Capital gain | Taxation rate |
---|---|---|
Is less than 1 year (units are sold off) | Short term capital gains | 15% |
Holding period beyond 1 year | Long term capital gain | 10% ( on capital gains over Rs. 1 lakh in a FY) |
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Indian banks have lost more than a thousand employees and many more are infected, according to an industry body, underscoring the heavy toll that the virus has taken in the Asian country battling the world’s worst coronavirus crisis.
“We have lost more than 1,000 colleagues already,” S. Nagarajan, General Secretary of the All India Bank Officers’ Association told Bloomberg News over phone on Saturday. “Bank employees are frontline workers and the virus is affecting them.”
With more than 24 million people infected in India and over 266,200 dead amid the world’s fastest-growing outbreak, the bulk of Indian States are in a lockdown with strict stay-at-home orders. But the banking sector is slotted as an essential service and partially exempt from the lockdown orders. Lenders are allowed in some cases to call as much as 50% of their workforce in bank branches to avoid any disruption in banking services.
C.H. Venkatachalam, General Secretary of the All India Bank Employees Association — the largest body of bank workers — told the moneycontrol.com website that 1,200 employees had died due to the virus. “Not all banks are forthcoming in sharing the details and compensation policies for the families of those who died due to this virus,” Venkatachalam said.
Venkatachalam was not immediately available to Bloomberg for comments.
The Press Trust of India on Friday reported that Debasish Panda, a senior federal government bureaucrat wrote to State authorities urging them to vaccinate bank and insurance employees against COVID on a priority basis.
India, which is facing a severe vaccine shortage, has administered more than 180 million COVID shots so far. At this rate, it will take a projected 2.5 years to cover 75% of the population with a two-dose vaccine, according to Bloomberg’s vaccine tracker.
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A technical upgrade of NEFT, targeted to enhance the performance and resilience, is scheduled after the close of business of May 22, 2021. Accordingly, NEFT service will not be available from 00:01 hrs to 14:00 hrs on Sunday, May 23, 2021. The RTGS system will continue to be operational as usual during this period. Similar technical upgrade for RTGS was completed on April 18, 2021. Member banks may inform their customers to plan their payment operations accordingly. NEFT Members will continue to receive event update(s) through NEFT system broadcasts. (Yogesh Dayal) Press Release: 2021-2022/218 |
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Planning
oi-Sneha Kulkarni
A pension plan is a long-term investment in which you pay small, regular premiums over time to accumulate a retirement fund. A pension is essentially a tax-advantaged long-term savings plan. When you get tax relief on your pension, some of the money that would have gone to the government as taxes instead goes into your pension. The Atal Pension Yojana is a retirement plan aimed primarily at the unorganized sector. The scheme’s goal is to ensure that no Indian citizen in their old age has to worry about illness, accidents, or diseases, providing a sense of security.
One of the most beneficial social security schemes introduced by the government in 2015-16 is the Atal Pension Yojana. People can contribute to their Atal Pension Yojana account until they reach the age of 60 and receive a monthly pension as part of the scheme.
Since then, the Atal Pension Yojana has helped many Indians plan for their retirement. The Pension Fund Regulatory and Development Authority (PFRDA) administers this scheme using the NPS (National Pension System) architecture.
Individuals can open an account using two methods, online and offline. One can visit the branch along with KYC documents fill the APY form and submit it. These forms are available in English, Hindi, Bangla, Gujarati, Kannada, Marathi, Odia, Telugu, and Tamil, among other languages. The form can be collected in the language of the individual’s choice. It is required balance to be maintained in the savings bank account/post office savings bank account for monthly, quarterly, or half-yearly contribution transfers.
The other way is to open the account online with the help of net banking. Banks such as HDFC Bank, ICICI Bank, Axis Bank, and SBI offer the online facility.
Atal Pension Yojana benefits to know about:
The pension automatically vests in the spouse who is the default nominee upon the contributor’s death. In the event of the contributor’s and spouse’s deaths, the nominee will receive the predetermined corpus amount for the specific pension slab. If a contributor dies before reaching the age of 60, his or her spouse has the option of continuing the Atal Pension Yojana account and receiving benefits, or closing the account and receiving the contributions and gains made on it.
Upon the subscriber’s death, his or her spouse is entitled to the same pension as the subscriber.
The department will inform subscribers about PRAN activation, account balances, contribution credits, and other topics that will be communicated to APY subscribers via SMS alerts. Once a year, the subscriber will receive a physical Statement of Account.
The retirement benefit is the most important aspect of the Atal Pension Yojana. The monthly pension will be paid out based on the contributions made. There are five different pension amounts: $1,000, 2,000, 3,000, 4,000, and 5,000 rupees. These pensions have different contribution amounts. The pension is paid to the spouse in the event of the subscriber’s death. A subscriber can, however, choose to reduce or increase his or her pension amount once a year during the accumulation phase.
If investment returns are higher than the guaranteed returns embedded in APY, subscribers will submit a request to the associated bank for drawing the guaranteed minimum monthly pension or a higher monthly pension after 60 years.
The Atal Pension Yojana tax benefits can be claimed up to Rs. 50,000 over and above the Rs. 1.5 lakhs under Section 80CCD (1B). The subscriber’s taxable income will be reduced as a result of this. In accordance with the maximum allowable deduction under section 80CCD(1) of the Income Tax Law, 1961 shall be 10 percent of gross total revenue covered by a maximum deduction of Rs. 1,50,000 p.a. Additional deductions under Section80CCD(1B) of the Income Tax Act1961, of Rs. 50 000 p.a. are eligible to be made for an additional contribution of Rs. 50 000 p.a. The total amount of deductions under sections 80C, 80CCC, and 80CCD(1), however, cannot exceed INR 1.5 lakhs, according to section 80CCE. In a financial year, the total deduction available under Section 80CCD (1B) plus Section 80C would be INR 2 lakhs.
It is possible to exit APY on your own terms. If a subscriber who has taken advantage of the Government co-contribution under APY chooses to voluntarily exit APY at a later date, he will only be refunded his contributions to APY, as well as the net actual accrued income earned on those contributions (after deducting account maintenance charges). Such subscribers will not receive the Government co-contribution or the accrued income from the Government co-contribution.
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Former promoters of defaulting companies that are under the insolvency process can hope to take back control of their companies if the debt resolution process fails to find new owners. The recent decision by consortium of lenders led by IDBI Bank to allow C Sivasankaran to take ownership of his company by paying an amount higher than the liquidation amount may have raised hopes of erstwhile promoters such as Naresh Goyal, Anil Ambani and Punj Lloyd. The companies once owned by these promoters including Jet Airways, Reliance Communications and Punj Lloyd are heading towards liquidation under the IBC process.
Bharat Chugh, Independent Counsel and former Judge, said the amount for which IDBI Bank finally appears to have settled is a measly 10 per cent of the total outstanding. These settlements may create perverse incentives for defaulters who can get away with a mere rap on the knuckles after defaulting on millions of dollars worth of loans, which is all public money. This would neither lead to responsible banking and lending, nor responsible repayment, and creates a bad precedent.
Also read: Retail loans constitute large share of loan recast by private banks
While the IDBI clarified that the CBI investigation will still continue, but everyone knows how long criminal trials take in this country and the fact that the real deterrent in such cases is the IBC process and liquidation, which won’t happen now – given the fact that the matter is settled, said Chugh.
To be sure, provision for withdrawal of the corporate insolvency resolution process exists under Section 12A of IBC if the creditors are agreeable to one time settlement (OTS) offered by the corporate debtor. It is for the NCLT to take a call. If the Tribunal gives its go ahead then OTS can be operationalized.
But experts said that withdrawal of bankruptcy proceedings from the NCLT after the stage of admission was considered to be antithesis to the architecture of the Insolvency and Bankruptcy Code. Lokhandwala Kataria Construction Private Limited v. Nisus Finance and Investment Managers LLP (Civil Appeal No. 9279 of 2017) was really, the first instance where the Apex Court had allowed a settlement between a the corporate debtor and creditors by taking recourse to its wide powers under Article 142 of the Constitution of India, which it may use to ‘pass such decree or make such order as is necessary for doing complete justice’ in any cause or matter.
“The fact that IDBI Bank and other related creditors have decided to withdraw the bankruptcy proceedings is certainly a shift from the usual. It is uncommon for banks and financial institutions to accept a settlement, particularly at a ripe stage of proceedings under the IBC. After all, we are told to believe that the IBC proceedings are not to be treated as tantamount or in the nature of recovery proceedings. It really is supposed to be the last resort,” said a market expert.
However, Abhishek Gupta, Principal Associate, MZM Legal said the IBC was enacted to give creditors control over an insolvent company, to realise maximum value as per their commercial discretion. The Supreme Court has upheld that the creditors discretion in all commercial matters, including the decision to withdraw insolvency proceedings. Hence, such discretion cannot be questioned, he added.
In the absence of bidders, value maximisation would impel creditors to accept the promoters offer, which is better than liquidation, he added.
The provisions relating to CIRP came into force on December 1, 2016. Since then, a total of 4139 CIRPs have commenced by the end of December 2020, as per IBBI data. Of these, 601 have been closed on appeal or review or settled; 378 have been withdrawn (including due to full settlement with the applicant, full settlement with other creditors, other settlements with creditors, among others); 1126 have ended in orders for liquidation and 317 have ended in approval of resolution plans.
Faisal Sherwani, Partner, L&L Partners said CIRP proceeding involves all creditors of the debtor. So, naturally, the Code discourages individual attempts at settlement.
Post-admission of insolvency, withdrawal is permitted if 90 per cent of Committee of Creditors (CoC) approve the proposal if Section 12A stands and the interests of all concerned are weighed appropriately, said Sherwani.
Stating that there is no harm in promoters reclaiming their business, Daizy Chawla, Senior Partner, Singh & Associates said the promoter knows better about the business and there is no harm if the promoters (who are not barred by Section 29A of the I&oB Code 2016) to enter into an arrangement with Creditors to settle the issue instead of reaching to the consequences of Liquidations.
If promoters enter into an out of court settlement even the operational and other creditors can hope to recover a bit of their dues, said Chawla.
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