RBI’s new rule on tenure will promote younger lot at bank, BFSI News, ET BFSI

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The Reserve Bank of India has put a cap on the maximum age of a bank CEO, paving the way for a younger lot to helm banks transitioning into digitalisation.

The Reserve Bank of India has fixed the tenure of MD, CEO and whole-time director (WTD) in a private sector bank at 15 years and prescribed the maximum age of 70 years for such functionaries.

This will lead to a change in succession planning at the banks.

The impact

Uday Kotak, the promoter MD and CEO, got reappointed on January 1, 2021, for three years. His tenure will end on January 1, 2024, and is not eligible for reappointment as he has already completed 15 years as the MD and CEO.

HDFC Bank, ICICI Bank, Axis Bank CEOs have had plenty of time and can be the CEO for more than a decade as they were appointed on the post recently.

IndusInd Bank CEO Sumant Kathpalia took charge last year and can continue at the helm of affairs for more than a decade

Kamakodi, CEO of City Union Bank, will complete his 15-year tenure in May 2026, which will be two years before his retirement.

In the case of Bandhan Bank, if the RBI considers the date of conversion to bank, which is five years ago, then C S Ghosh has a long time ahead.

The upper limit of 15 years for MD and CEOs may increase the scope for a few more years at the helm for banks like DCB, Federal and RBL.

The road ahead

The provision that individual will be eligible for re­appointment as MD and CEO or whole-time director in the same bank after a minimum gap of three years, leaves an opportunity for the promoter-CEO to take the bank helm after a gap of three years

Experts say while the tenure cap benefits new age banks, which need a younger lot to steer them, the bank-promoter CEO enterprise would have an impact.

The new norms will also lead to bigger involvement of independent director and non-executive directors in the bank affairs and help in good governance and vigil. 0

The RBI directives

These directives form part of the instructions issued by the RBI with regard to the chair and meetings of the board, the composition of certain committees of the board, age, tenure and remuneration of directors, and appointment of the WTDs on Monday.

The RBI said it would come out with a Master Direction on Corporate Governance in banks in due course.

“Subject to the statutory approvals required from time to time, the post of the MD & CEO or WTD cannot be held by the same incumbent for more than 15 years.

“Thereafter, the individual will be eligible for re-appointment as MD & CEO or WTD in the same bank, if considered necessary and desirable by the board, after a minimum gap of three years, subject to meeting other conditions,” the RBI said.

It added that during this three-year cooling period, the individual shall not be appointed or associated with the bank or its group entities in any capacity, either directly or indirectly.

With regard to the upper age limit for MD & CEO and WTDs in the private sector banks, the RBI said that no person can continue on such positions beyond the age of 70 years. The banks” boards, however, will be free to prescribe a lower retirement age for the WTDs, including the MD & CEO.

The maximum age limit for chairman and non-executive directors has been fixed at 75 years.



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RBI article calls for monitoring movement of funds between banks and ARCs

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It may be necessary to monitor if there is a circuitous movement of funds between banks and Asset Reconstruction Companies (ARCs), according to an article in the Reserve Bank of India’s latest monthly bulletin.

This observation comes in the backdrop of banks being not just major shareholders of and lenders to ARCs but also sellers of non-performing assets (NPAs) to them, it added.

Attracting ‘new money’ will be a challenge for the ARC

A movement of this kind can have implications for the genuine sale of NPAs and the overall growth of the ARC industry, said RBI officials Amarnath Yadav and Pallavi Chavan from the Department of Supervision, in the article.

The authors emphasised that given the private character of ARCs, they have tended to rely heavily on borrowings, particularly from banks, as a major source of their funds.

The article underscored that the capital base of ARCs is made up largely by domestic sources, particularly banks and financial institutions, with foreign sources remaining weak.

Being private sector entities, the key shareholders of ARCs are banks (29 per cent) and other financial institutions (37 per cent).

RBI set up 6-member panel to review working of ARCs

In order to boost their capital base, ARCs were allowed to accept 100 per cent of foreign direct investment (FDI) through the automatic route in 2016.

Notwithstanding the liberalisation relating to FDI, foreign entities account for a small portion (10 per cent) of the total capital of ARCs, the authors said.

Highly concentrated business

Although the number of ARCs has increased over time, their business has remained highly concentrated.

The authors assessed that of the total assets under management (AUM), about 62 per cent and 76 per cent was held by the top three and top five ARCs in March 2020, respectively.

Furthermore, in terms of the capital base of the industry, 62 per cent was held by the top three ARCs; the corresponding share was 67 per cent for the top five ARCs.

When it comes to acquisition of assets by ARCs, over time, although the average acquisition ratio (acquisition cost to book value of assets) has gradually risen, it remains in the range of 30-35 per cent, the article said.

There is a wide variation in the acquisition ratio also across sectors, it added.

Iron and steel, and power sectors are the two sectors having a relatively high concentration in acquired assets, as they are also ridden with NPAs. The acquisition ratio in these two sectors has been much lower (roughly about 45 per cent).

By contrast, hospitality (acquisition ratio: about 85 per cent) and real estate (about 70 per cent) account for a smaller share in total assets acquired, but their acquisition ratio has been relatively high.

Limited trading of SRs

Going by the resolution methods, ARCs prefer the method of rescheduling of the payment obligations (32 per cent as of March 2020) over other methods — enforcement of security interest (26.6 per cent); settlement of dues of borrower (26 per cent); by sale of business (13.9 per cent); and taking possession of assets (1.5 per cent).

The authors said banks continue to hold close to 70 per cent of the total Security Receipts (SRs) despite a change in the regulation disincentivising them from holding SRs above a specific threshold.

The authors observed that dominance of selling banks in holding SRs has often been described as a reason for limited secondary trading of SRs, despite the regulatory push to incentivise listing and trading of these instruments.

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In relief for private banks, RBI allows 15-year tenure for MD & CEO

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The Reserve Bank of India has given a breather to private sector banks’ managing director and CEO or Whole Time Director (WTD), who are also promoters, allowing them a tenure of up to 12 years instead of 10, proposed earlier. Also, in extraordinary circumstances, at the sole discretion of the RBI, such an MD and CEO or WTD may be allowed to continue up to 15 years.

The RBI’s discussion paper on governance in commercial banks in India (issued in June 2020) had indicated that 10 years is an adequate time limit for a promoter/major shareholder of a bank as WTD or CEO of the bank to stabilise its operations and transition the managerial leadership to a professional management. Besides the tenure, the central bank’s circular also underscored that the committees of boards of banks should either comprise only Non-Executive Directors or majority of NEDs.

Further, the RBI asked banks to ensure that the chair of the board is an independent director and at least half of the directors attending the meetings of the board should be independent directors. The RBI asked banks to comply with its instructions latest by October 1, 2021.

“The guidelines are in line with the discussion paper and markets have had time to prepare for it. In terms of norms for committee composition, the RBI had tried to align it with the Companies Act. However, on the issue of the tenure of the CEO and Managing Director, the RBI has not made a durable case on its approach. Our view has been that the RBI should exercise discretion rather than one size fits all,” said Amit Tandon, Founder and Managing Director of corporate governance and proxy advisory services, IiAS.

Tenure of MD & CEO

Overall, subject to statutory approvals required from time to time, the central bank said the post of the MD & CEO and WTD cannot be held by the same incumbent for more than 15 years. Thereafter, the individual will be eligible for re-appointment as MD & CEO or WTD in the same bank, if considered necessary and desirable by the board, after a minimum gap of three years, subject to meeting other conditions.

During this three-year cooling period, the individual shall not be appointed or associated with the bank or its group entities in any capacity, either directly or indirectly.

According to RBI’s instructions, while examining the matter of re-appointment of such MD & CEOs/WTDs within the 12/15- year period, the level of progress and adherence to the milestones for dilution of promoters’ shareholding in the bank shall also be factored in by the RBI.

The RBI said no person can continue as MD & CEO or WTD beyond the age of 70 years.

Independent markets commentator Srinath Sridharan said: “The new rule of tenure cap for CEO/WTDs (promoter or not) would be interesting to note from the perspective of younger individuals who are associated with the banks.

“Mathematically, looking at this rule in conjunction with 70 years being the max age limit for such roles, anyone lesser than 55 years of age and getting into these roles would have a long runway.”

Transition arrangement

The RBI has allowed a transition arrangement, whereby banks with MD & CEOs or WTDs who have already completed 12/15 years as MD & CEO or WTD, on the date these instructions coming to effect, will be allowed to complete their current term as already approved by the RBI.

Further, the chair of the board who is not an independent director on the date of issue of this circular will be allowed to complete the current term as Chair as already approved by the RBI.

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Bank credit grows 5.33%; deposits rise 10.94%

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Bank credit grew by 5.33 per cent to Rs 108.89 lakh crore, and deposits rose 10.94 per cent to Rs 152.15 lakh crore in the fortnight ended April 9, 2021.

In the fortnight ended April 10, 2020, bank advances stood at Rs 103.38 lakh crore and deposits were Rs 137.15 lakh crore.

In 2020-21 fiscal, bank credit increased 5.56 per cent and deposits 11.4 per cent.

Care Ratings in a recent report said the bank credit growth rate continues to decline, however, in absolute terms bank credit (in the fortnight ended April 9, 2021) increased by Rs 5.5 lakh crore as compared to the fortnight ended April 10, 2020, but declined by Rs 0.62 lakh crore from the previous fortnight ended March 26, 2021.

“In absolute terms, bank credit usually declines in the first month of the new financial year, as it is a lean period (this trend can be observed for the last five years),” the rating agency said.

However, the year-on-year growth rate has fallen in the first month of the new financial year (i.e., April 2021) for the first time in five years, reflecting subdued credit demand amid the rising second wave of the pandemic, the report said.

The agency said bank credit growth is likely to increase in FY22, given the growth in the economy and the base effect coming into play.

The downside risks include lockdowns in key states, which may impact the industrial as well as the service segments.

Another risk is the end of the Emergency Credit Line Guarantee Scheme (ECLGS) in June 2021, which had propped up the MSME credit.

However, the extension of the Targeted Long Term Repo Operations (TLTROs) and on-lending norms could support growth, the agency said.

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RBI fixes tenure of MD, CEO & WTD; maximum age of 70 years in private banks, BFSI News, ET BFSI

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The Reserve Bank of India has fixed the tenure of MD, CEO & Whole-time directors in private sector banks at 15 years and maximum age at 70 years.

These directives are with regard to the chair and meetings of the board, composition of certain committees of board, age, tenure, remuneration of directors and appointment of WTDs.

The RBI will come out with a master director on corporate governance in banks.

On applicability of these norms, RBI said, “Instructions would be applicable to all the Private Sector Banks including Small Finance Banks (SFBs) and wholly owned subsidiaries of Foreign Banks. In respect of State Bank of India and Nationalised Banks, these guidelines would apply to the extent the stipulations are not inconsistent with provisions of specific statutes applicable to these banks or instructions issued under the statutes.”

Tenure of MD & CEO and WTDs
The post of MD, CEO & WTD cannot be held by the same incumbent for more than 15 years and individual will be eligible for re-appointment if considered necessary and desirable by the board after a minimum gap of three years subject to meeting other conditions.

RBI said, “During this three-year cooling period, the individual shall not be appointed or associated with the bank or its group entities in any capacity, either directly or indirectly.”

The central bank said instruction on upper age limit for MD & CEO and WTDs in the private sector banks would continue and no person can continue as MD & CEO or WTD beyond 70 years. It said, “Within the overall limit of 70 years, as part of their internal policy, individual bank’s Boards are free to prescribe a lower retirement age for the WTDs, including the MD&CEO.”

It also said, “MD&CEO or WTD who is also a promoter/ major shareholder, cannot hold these posts for more than 12 years. However, in extraordinary circumstances, at the sole discretion of the Reserve Bank such MD&CEO or WTDs may be allowed to continue up to 15 years. While examining the matter of re-appointment of such MD&CEOs or WTDs within the 12/15 years period, the level of progress and adherence to the milestones for dilution of promoters’ shareholding in the bank shall also be factored in by the Reserve Bank.”



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Shivalik Bank commences operations as small finance bank, BFSI News, ET BFSI

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The Reserve Bank of India has granted license to Shivalik Bank to commence business as small finance bank.

RBI said, “Shivalik Small Finance Bank Limited has commenced operations as a small finance bank with effect from April 26, 2021.The Reserve Bank has issued a licence to the bank under Section 22 (1) of the Banking Regulation Act, 1949 to carry on the business of small finance bank in India.”

The former co-operative bank was granted an in-principle approval for a transition into a small finance bank under the scheme on voluntary transition of Urban co-operative bank into a small finance bank issued on September 27, 2018.

Suveer Kumar Gupta, Managing Director & CEO, Shivalik Small Finance Bank said, “This is a momentous achievement for Shivalik, and I’m proud of all our teams that have worked relentlessly over the years to give us this edge, which has made it possible for us to embark on this exciting journey today. Credit also goes to all our esteemed customers and partners that have humbled us with their unwavering support through the years. Finally, and most importantly, a big thank you to Reserve Bank of India, Central Registar of Co-operative Socities and other regulatory bodies for their support and guidance in ensuring a smooth and seamless transition of business.”

He added, “There is a signifcant and urgent need for seamless access to professional banking services across all corners of the counrty, especailly when it comes to small businesses, which are the backbone of our growing economy. At Shivalik Small Finance Bank, we are well positioned to be able to cater to this growing demand through our multi-dimensional approach that has helped us scale up our physical presence, our digital presence through valuable fintech partnerships and a wide range of customized solutions that address a diverse set of needs. Additionally, with our migration now from a co-operative ownership structure to a corporate structure, we will only become more flexible and nimble in decision making which will further augment our ability to offer meaningful experiences to our customers.”

Shivalik Bank’s MD & CEO, Suveer Kumar Gupta in a interaction with ETBFSI had shared the transition journey from co-operative bank to small finance bank and its growth plans ahead.

Also Read: How Shivalik Bank is transforming from cooperative to small finance bank



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Useful tips to avoid falling prey to bank mis-selling

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In investing, as in life, it is useful to learn from other people’s mistakes. Some retail investors lost big money in Yes Bank’s Additional Tier 1 (AT-1) bonds last year, after Reserve Bank of India decided to write them off as part of a bailout package. But how did safety-seeking depositors in Yes Bank end up owning these risky bonds where the principal could get written off? SEBI’s order in this case offers some learnings on how you can avoid falling victim to mis-selling.

Get it in writing

In their complaints, the 11 investors said that it was the attractive pitches from their bank’s wealth managers that convinced them to buy the bonds. Some were told that AT-1 bonds were ‘super FDs’. Others swallowed the claim that they were ‘safer than Yes Bank FDs and equity shares.’ Some investors even thought they were merely renewing their FDs with the bank at a higher rate.

Given that none of the above statements were true, it is unlikely that the bank’s relationship managers made these claims in writing to the investors. They were simply taken in by verbal sales pitches.

While selling AT-1 bonds, bank managers were mandatorily required to share two documents with investors – an information memorandum and a term sheet. Asked by SEBI why they didn’t do so in this case, they either claimed that they did, or argued that investors ought to have checked these documents for themselves from the BSE website where they are posted.

Most of us are in the habit of investing in financial products based merely on an application form. The Yes Bank case shows just how injurious this can be to our wealth. Today, no financial product can be sold to you without a formal offer document, information memorandum, term sheet or prospectus. If you’re given only an application form, don’t hesitate to ask for and get hold of these additional documents.

The depositor isn’t king

SEBI’s findings show that of the 1,346 individuals who invested in the AT-1 bonds through Yes Bank, 1,311 (97 per cent) were Yes Bank’s own customers. Of these 1,311 customers, 277 prematurely broke their FDs to invest. Going by the amounts of ₹5 lakh to ₹80 lakh that these folks individually invested, wealth managers targeted the bank’s big-ticket depositors to down-sell these bonds.

While you may wonder why a bank’s staff should wean customers away from its own deposit products, this isn’t surprising.

Bank relationship managers in India have a long history of pitching all kinds of risky products to their customers from ULIPs to balanced equity funds to NCDs as fixed deposit substitutes. While they don’t receive any direct commission from such sales, their compensation packages are often linked to how much fee income they generate for the bank from selling exotic products.

So, the next time your bank’s relationship manager sounds as if he or she is doing you a favour by asking you to switch money out of your FD into an exciting new ‘opportunity’, be sceptical.

High returns equal high risk

Investors who are super-careful about avoiding capital losses in equities often turn far less vigilant when it comes to fixed income. The moment a wealth manager or distributor mentions a higher interest rate product, they’re quite eager to switch to make the switch. But the correlation between high returns and capital losses is actually higher with debt instruments than it is with stocks.

In fixed income, if a borrower is willing to offer you a huge rate premium over safe instruments, it is usually a warning sign that they are more likely to delay or default on repayments. Yes Bank’s AT-1 bond investors should have questioned why the same issuer (Yes Bank) should offer its bond investors much higher interest than it does its depositors. The answer quite simply is that AT-1 bonds can skip their interest payouts completely or write off principal, if the bank’s financials are stressed.

An argument that wealth managers used to sell AT-1 bonds to individuals was that they were sound investments, as they were already owned by institutions. This is a poor argument, as risk appetite and return expectation of a retail investor is seldom the same as that of an institutional investor. Institutions that held those bonds probably invested a minuscule portion of their portfolios while HNIs took concentrated exposures.

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Total ban: RBI restricts Amex, Diners Club from acquiring new customers

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In a statement on its website, RBI said the order will not impact existing customers. “The supervisory action has been taken in exercise of powers vested in RBI under Section 17 of the PSS (Payment and Settlement Systems) Act,” the regulator said.

The Reserve Bank of India (RBI) on Friday imposed restrictions on American Express Banking Corp (Amex) and Diners Club International from on-boarding new domestic customers on to their card networks from May 1, 2021. These entities have been found non-compliant with the central bank’s directions on storage of payment system data.

In a statement on its website, RBI said the order will not impact existing customers. “The supervisory action has been taken in exercise of powers vested in RBI under Section 17 of the PSS (Payment and Settlement Systems) Act,” the regulator said.

Amex and Diners Club are payment system operators authorised to operate card networks in India under the PSS Act. The directions against the two companies constitute the first set of penalties meted out for non-compliance with an RBI circular on storage of payment system data dated April 6, 2018.

The circular directed all payment system providers to ensure that within a period of six months the entire data relating to payment systems operated by them is stored in a system only in India.

These would include full end-to-end transaction details as also information collected, carried and processed as part of the message or payment instruction. They were also required to report compliance to the central bank and submit a board-approved system audit report (SAR) conducted by a Cert-In empanelled auditor within stipulated timelines.

At the end of February 2021, Amex had 15.6 lakh credit cards outstanding, representing 2.53% of the total market. Diners Club cards are issued in India exclusively through HDFC Bank. The number of active cards issued by Diners Club was not immediately available.

The April 2018 circular had caused much heartburn among US-based payment players in India because of the six-month compliance timeframe and the absence of a clause allowing data mirroring. Eventually, in June 2019, RBI allowed offshore mirroring of payments data for cross-border transactions made in India in a clarification to the original circular. This meant that for cross-border transaction data, consisting of a foreign component and a domestic component, a copy of the domestic component may also be stored abroad, if required.

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RBI bars AMEX and Diners Club to onboard new customers, BFSI News, ET BFSI

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The Reserve Bank of India has imposed restrictions on card network players – American Express Banking Corp. and Diners Club International Ltd from onboarding new customers into their card networks from May 1, 2020.

RBI found these card networks were not in compliance with the directions on Storage of Payments system data.

RBI said, “This order will not impact existing customers.”

The regulator said, “Payment System Providers were directed to ensure that within a period of six months the entire data (full end-to-end transaction details / information collected / carried / processed as part of the message / payment instruction) relating to payment systems operated by them is stored in a system only in India. They were also required to report compliance to RBI and submit a Board-approved System Audit Report (SAR) conducted by a CERT-In empanelled auditor within the timelines specified therein.”

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HDFC-Indiabulls Housing co-lending partnership: Is it a prelude to something bigger?

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Is the co-lending partnership between Housing Development Finance Corporation Ltd (HDFC) and Indiabulls Housing Finance Ltd (IBHFL) a prelude to something bigger?

Currently, the Reserve Bank of India (RBI) only has guidelines for co-lending by banks and non-banking finance companies (NBFCs) for lending to the priority sector.

There are no specific RBI guidelines governing co-lending by two NBFCs (including housing finance companies/ HFCs).

 

So, the co-lending partnership between HDFC, India’s largest standalone HFC, and IBHFL, whose loan book shrunk in the second and third quarters of FY21, comes as a surprise.

In terms of RBI’s “Co-Lending Model”(CLM), banks are permitted to co-lend with all registered NBFCs (including HFCs) based on a prior agreement.

Under this model, NBFCs are required to retain a minimum of 20 per cent share of the individual loans originated by them on their books, with the partner banks taking their share on a back-to-back basis in their books.

As per RBI guidelines, CLM is aimed at improving the flow of credit to the unserved and underserved sector of the economy and make available funds to the ultimate beneficiary at an affordable cost, considering the lower cost of funds from banks and greater reach of the NBFCs.

HDFC, in a statement, said the objective of the co-lending program is to increase its distribution bandwidth, which will lead to additional retail housing loan business.

Under the co-lending programme, IBHFL will originate and process retail home loans as per jointly formulated credit parameters and eligibility criteria. The Corporation will have 80 per cent of the total loan in its books. IBHFL will service the loan account throughout the life cycle of the loan

So, once the co-lending partnership matures, what could be the next logical step? Is this partnership a smoke signal on a possible amalgamation down the line? Only time will tell.

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