All you wanted to know about the new changes in deposit insurance

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Last week the Deposit Insurance and Credit Guarantee Corporation (Amendment) Bill 2021 was passed by both the houses of the Parliament. In the wake of the PMC Bank and YES Bank debacles, these amendments are a move in the right direction. In light of the proposed changes, we help you understand how deposit insurance works.

The bill, which is pending until it gets the President’s assent, proposes to change the time at which the DICGC becomes liable to pay the bank depositors. Earlier the liability kicked in only when the order of liquidation was passed against a bank.

Now the DICGC is liable to pay depositors when any direction, order or scheme is passed such that it prohibits the depositors of the insured bank from accessing their deposits. The DICGC is required to pay the depositors the insured amount (of up to ₹5 lakh – inclusive of principal and interest) within 90 days from which such order/direction/ prohibition takes effect. Once, the bill is enacted into law, depositors of the crisis hit PMC Bank will also be automatically covered.

Will the DICGC pay the depositor directly?

Earlier, the DICGC was required to settle dues to the liquidator, who in turn would ensure the distribution to each depositor. Now, per the amendment, DICGC is required to pay the depositors either directly, or get the amount credited in the account of the depositors through the insured bank.

Do I have to pay a premium for this insurance?

Depositors are not required to pay anything. Banks pay DICGC a premium of up to 15 paise per ₹100 of deposits with them, every year. An amendment has also been proposed to permit DICGC to hike the maximum limit of the premium to be collected from time to time with the prior approval of the RBI.

Are all bank deposits covered under this insurance?

No primary co-operative societies are not. However, all commercial banks (including branches of foreign banks functioning in India, local area banks and regional rural banks) all state, central and primary cooperative banks (which are known as urban cooperative banks) are insured by the DICGC.

What is the limit on the insured amount? Does this cover every deposit I hold in a bank?

Each depositor in a bank is insured for up to a maximum of ₹5 lakh (hiked from the earlier ₹1 lakh in the 2020 Budget) for both principal and interest amount held by him/her in the same right and same capacity. This means that all accounts (savings, current, fixed and/or recurring deposit accounts) held by the depositor in all branches of the bank in her individual capacity will be aggregated. The insurance cover is available for up to a maximum of ₹5 lakh.

However, if the depositor opens other deposit accounts in her capacity as a partner of a firm, or guardian of a minor, or director of a company, or trustee of a trust, or a joint account, in one or more branches of the bank, then such accounts are considered as held in a different capacity and different right. Such deposits will hence enjoy the insurance cover of up to ₹5 lakh each.

What if I have multiple joint accounts with the same bank? Will the ₹5 lakh insurance limit apply to each of these accounts?

If multiple accounts are jointly held by individuals in a bank in which their names appear in the exact same order, then these are considered to be held in the same capacity and in the same right. Hence these shall be aggregated for the purposes of the ₹5 lakh insurance limit.

Depositors are hence better off in changing their order of names, while holding multiple joint accounts in the same bank. These will be treated as held in different capacity and different right. Accordingly, insurance cover will be available separately up to ₹5 lakh for every such joint account where the names appear in different order or where the names are different.

Say, you wish to open multiple joint accounts with your spouse in the same bank, it would be wise to name her / him as the first holder in at least one of the accounts. You can also consider adding another family member as the third joint account holder to maximise your safety net under the deposit insurance.

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Banks under Directions: Govt, RBI working on allowing depositors withdraw up to ₹5 lakh

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Depositors of Urban Co-operative Banks (UCBs), under Directions, may not have to sweat it out to get back their savings up to the ₹5 lakh insured amount, going by the amendments being considered to the Deposit Insurance and Credit Guarantee Act (DICGC), 1961.

The Government and the Reserve Bank of India (RBI) are believed to be examining the feasibility of allowing depositors of banks, especially UCBs, under regulatory Directions to withdraw up to the ₹5 lakh insured amount to alleviate their misery.

 

At present, when a bank is placed under Directions, deposit withdrawals are capped — it ranges from ₹1,000 to ₹1 lakh of the total balance held by a depositor. This withdrawal cap is applicable for the entire period that a bank is under Directions.

Given that depositors of UCBs under Directions are finding it difficult to get by due to the severe restrictions on withdrawal of their savings, the Finance Ministry and RBI seem to be wanting to address this issue by allowing withdrawal up to the insured amount of ₹5 lakh, according to bankers in the co-operative sector.

DIF fortified

The possibility of allowing deposit withdrawal up to the insured amount has brightened with the Deposit Insurance Fund (DIF) swelling to ₹1,10,380 crore at March-end 2020 from ₹93,750 crore of March-end 2019.

 

Further, following the deposit insurance limit being hiked five-fold to ₹5 lakh with effect from February 4, 2020, the deposit insurance premium rate per ₹100 deposit has also been increased to ₹0.12 (or 12 paise) with effect from April 1, 2020 against ₹0.10 (10 paise) earlier.

Since April 1, 2015, 52 UCBs have been placed under All Inclusive Directions by the Reserve Bank, per RBI’s Report on Trend and Progress of Banking in India 2019-20.

Out of the total claims settled by DICGC since inception, around 94.3 per cent of claims pertained to co-operative banks that were liquidated, amalgamated, or restructured.

RBI Directions

Section 35A of the Banking Regulation Act, 1949, empowers RBI to give Directions to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a way prejudicial to the interests of the banking company; or to secure the proper management of any banking company.

A Bank under Directions cannot, without prior RBI approval, grant or renew any loans and advances, make any investment, incur any liability including borrowal of funds and acceptance of fresh deposits, among others.

If such a bank’s license is cancelled by RBI, triggering the commencement of liquidation proceedings, it is only then that depositors are entitled to repayment of their deposits from DICGC up to the ₹5 lakh monetary ceiling.

So far, very few banks under Directions have been revived. The time lag between a UCB first being placed under Directions till its license cancelled is fairly long.

For example, in the case of Mumbai-based CKP Co-operative Bank, it was six years. During this entire period, deposit withdrawal was capped at ₹10,000 per depositor.

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