SC rejects banks’ pleas for recall of 2015 verdict asking RBI to disclose info about them under RTI, BFSI News, ET BFSI

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In a major blow to banks, the Supreme Court on Wednesday refused to recall its 2015 judgment, which had held that the RBI will have to provide information about the banks and financial institutions (FIs) regulated by it under transparency law.

Several FIs and banks, including the Canara Bank, the Bank of Baroda, the UCO Bank and the Kotak Mahindra Bank had filed applications in the top court seeking a recall of the 2015 judgment in the Jayantilal N Mistry case, saying the verdict had far-reaching consequences and moreover, they were directly and substantially affected by it.

The banks had contended that the pleas for a recall of the judgment, instead of a review, is “maintainable” as there was a violation of the principles of natural justice in view of the fact that they were neither parties to the matter nor heard.

“A close scrutiny of the applications for a recall makes it clear that in substance, the applicants are seeking a review of the judgment in Jayantilal N Mistry. Therefore, we are of the considered opinion that these applications are not maintainable,” a bench of justices L Nageswara Rao and Vineet Saran said.

The order, written by Justice Rao, said in the instant case, the dispute relates to information to be provided by the Reserve Bank of India (RBI) under the Right to Information Act (RTI) and though the information pertained to banks, it was the decision of the RBI that was in challenge and decided by this court.

“No effort was made by any of the applicants (banks) in the miscellaneous applications to get themselves impleaded when the transferred cases were being heard by this court. The applications styled as recall are essentially applications for review. The nomenclature given to an application is of absolutely no consequence, what is of importance is the substance of the application…,” the top court said.

While dismissing the pleas, the bench, however, made it clear that it was not dealing with any of the submissions made by the banks on the correctness of the 2015 judgment in the Jayantilal N Mistry case.

“The dismissal of these applications shall not prevent the applicants (banks) to pursue other remedies available to them in law,” it said.

Earlier, the apex court had heard several matters pertaining to the orders of the Central Information Commission asking the RBI to provide information about banks to RTI applicants.

Several pleas were transferred to the top court at the request of the RBI and the judgment came to be pronounced in 2015.

In the judgment, the apex court had refused to accept the RBI’s contention that the information sought under the RTI Act could not be disclosed in view of its fiduciary relationship with the banks.

The court had observed that the RBI is not in any fiduciary relationship with the banks and that it has a statutory duty to uphold the interest of the public at large, the depositors, the country’s economy and the banking sector.

The top court was of the opinion that the RBI has to act with transparency and not hide information that might embarrass the banks and that it is duty-bound to comply with the provisions of the RTI Act and disclose the information sought.

Several banks sought a recall of the judgment by filing miscellaneous applications in the main petition filed by the State Bank of India (SBI) and the HDFC bank.

The top court de-tagged the main pleas of the SBI and the HDFC bank and dismissed the miscellaneous applications of the banks.



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Monitor ARCs for ‘circuitous movement of funds’ with banks, says RBI paper, BFSI News, ET BFSI

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The Reserve Bank of India has flagged risks of excessive reliance on banks by the ARC industry.

An RBI paper, published in the central bank’s monthly bulletin for April, said banks supply non performing assets (NPAs) to the ARCs, hold shareholding in these entities and also lend to them, which makes it necessary to monitor if there is a “circuitous movement of funds between banks and these institutions (ARCs)”.

“Considering that banks are not just the major shareholders of and lenders to ARCs but also sellers of NPAs to ARCs, it may be necessary to monitor if there is a circuitous movement of funds between banks and these institutions. A movement of this kind can have implications for the genuine sale of NPAs and the overall growth of the ARC industry,” the article titled ‘ARCs in India: A Study of their Business Operations and Role in NPA Resolution’ said.

ARC versus IBC

It advocated for a strong a strong asset reconstruction sector, which complements the Insolvency & Bankruptcy Code mechanism, to better deal with non-performing assets and ensure higher recovery and resolution. Asset reconstruction companies recovered 29.7% of dues in 2019-20, while for IBC, this number was much higher at 45.5%, it said. Highlighting that there has been a declining trend in recovery over the years, the article said that even post IBC, their recovery amounts to 25-35% of dues, and they also account for 30% of total amount recovered through all channels.

Bad bank

The RBI article sees a greater role for asset reconstruction companies, including the bad bank announced in the budget.

“Going forward, the introduction of a new asset reconstruction company for addressing the NPAs of public sector banks may also shape the operations of the existing ARCs,” the RBI paper said. It added that there is a definite scope for the entry of a “well-capitalised and well-designed entity” in the Indian ARC industry and such a body will strengthen the asset resolution mechanism further.

It cited global experiences to lay down the necessary features of the new ARC announced by the government.

The paper advocated that the new ARC or the bad bank should have a narrow mandate such as resolving NPAs with clearly defined goals, a sunset clause defining their lifespan, supportive legal infrastructure involving bankruptcy and private property laws, backing of a strong political will to recognise problem loans, and a commercial focus including in governance, transparency, and disclosure requirements.

Capital constraints

The paper highlights the capital constraints of the ARC indsutry saying it has had an impact on the ability of their to ensure resolution and recovery. In terms of capital base of the industry, 62% was held by the top three asset recast companies and 67% for top five, which the authors argue shows how the business remains highly concentrated. As per the article, of the total assets under management, about 62% and 76% were held by the top three and top five asset reconstruction companies in March 2020, respectively.

Security receipts

About 42 per cent of the outstanding SRs (security receipts) as on March 2020 were more than five years of age and would have to be redeemed over the next four years to avoid write-offs,” the paper said, pointing out at the difficulties being faced by the current set of ARCs in resolving the stress.

While resolving a case, ARCs pay a minor portion in cash to the selling bank while the rest is SRs to be paid over a time.

Security receipts are issued as an instrument to enable offloading of stressed assets, and to encourage recovery and resolution of dues.

It said due to capital constraints, there was a high dependence on bank funding for such asset reconstruction companies, with banks selling bad loans continuing to hold security receipts, despite regulatory disincentives. In March 2020, just two asset reconstruction companies held about 62% of the total security receipts issued. The paper said that banks holding such a large volume of security receipts limits secondary trading and effectively market-based price discovery.



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RBI imposes Rs 40 lakh penalty on Himachal Pradesh State Cooperative Bank, BFSI News, ET BFSI

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Mumbai, Apr 27 () The RBI has imposed a penalty of Rs 40 lakh on Himachal Pradesh State Cooperative Bank, Shimla, for non-compliance with certain regulatory directions issued by NABARD. The penalty has been imposed for non-compliance with regulatory directions issued by NABARD contained in ‘Review of Frauds – Guidelines on Monitoring and Reporting System’, the Reserve Bank of India said on Tuesday.

Giving details, it said the statutory inspection of the bank conducted by the National Bank for Agriculture and Rural Development (NABARD) with reference to the bank’s financial position as on March 31, 2019 and the Inspection Report (IR) pertaining thereto, and examination of all related correspondence regarding reporting of frauds, revealed, inter alia, non-compliance of the directions.

A notice was issued to the Himachal Pradesh State Co-operative Bank. After considering the bank’s reply to the notice and oral submissions made in the personal hearing, the RBI said it came to the conclusion that the charge was substantiated and warranted imposition of monetary penalty.

The RBI, however, added penalty has been imposed on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers. NKD MR MR



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Banks to remain closed for up to 12 days in various states in May 2021; check full list here

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According to the Reserve Bank of India (RBI), banks in most of the states will remain closed on May 14, 2021, on account of Eid-UI-Fitra. Image: Reuters

Banks in India will remain shut for up to 12 days in May 2021, including weekends and festivals. Only the gazetted holidays are observed by banks all over the country. According to the Reserve Bank of India (RBI), banks in most of the states will remain closed on May 14, 2021, on account of Eid-UI-Fitra. In May, banks including the public sector, private sector, foreign banks, cooperative banks and regional banks, will observe holidays on May 1, May 7, May 13, May 14 and May 26 on account of Labour Day, Jumat-ul-Vida, Id-Ul-Fitr, Akshaya Tritiya and Buddha Pournima, respectively. Banks will not be closed for all 5 days for all states as holidays vary from state to state. The list of holidays given below has been notified by RBI under the Negotiable Instruments Act.

Festivals in May 2021

1 May 2021- Maharashtra Din/May Day (Labour Day)
7 May 2021- Jumat-ul-Vida
13 May 2021- Ramzan-Id (Id-Ul-Fitr) (Shawal-1)
14 May 2021- Bhagvan Shree Parshuram Jayanti/Ramjan-Eid (Eid-UI-Fitra)/Basava Jayanti/Akshaya Tritiya
26 May 2021- Buddha Pournima

Weekend holidays in May 2021

2 May 2021- Weekly off (Sunday)
8 May 2021- Second Saturday
9 May 2021- Weekly off (Sunday)
16 May 2021- Weekly off (Sunday)
22 May 2021- Fourth Saturday
23 May 2021- Weekly off (Sunday)
30 May 2021- Weekly off (Sunday)

Banks to remain open on May 1,7,13,14 and 26 in these states

Banks across Agartala, Ahmedabad, Aizwal, Bhopal, Bhubaneshwar, Chandigarh, Dehradun, Gangtok, Jaipur, Jammu, Kanpur, Lucknow, New Delhi, Raipur, Ranchi, Shillong, Shimla, and Srinagar will remain functional on May 1. Except for banks in Jammu and Shimla, banks in all the states will remain open. On May 13, only banks in Belapur, Jammu, Kochi, Mumbai, Nagpur, Srinagar and Thiruvananthapuram will observe a holiday. While on May 14, banks in most of the states will remain closed, barring states such as Belapur, Jammu, Kochi, Mumbai, Nagpur, Srinagar and Thiruvananthapuram. Similarly, on Buddha Pournima (May 26), banks in Ahmedabad, Aizwal, Bengaluru, Bhubaneshwar, Chennai, Gangtok, Guwahati, Hyderabad, Imphal, Jaipur, Kochi, Panaji, Patna, Shillong and Thiruvananthapuram will remain functional.

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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 to conduct customer satisfaction survey on bank mergers, BFSI News, ET BFSI

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The Reserve Bank of India (RBI) has decided to conduct a customer satisfaction survey to find out the impact of the recent mergers of state-owned banks on banking services being availed by individuals.

Among other things, the respondents will be asked whether the merger was positive from the point of customer services. The choice before the customer will be to tick one of the following options — strongly agree; agree; neutral; disagree; or strongly disagree.

The proposed survey will cover a total of 20,000 respondents from 21 states, including Uttar Pradesh, Maharashtra, West Bengal, Tamil Nadu, Bihar, Karnataka, Madhya Pradesh, and Gujarat. In all, there will be 22 questions.

Of the 22, a set of four questions has been drafted separately for assessing customer service and grievance redress issues of customers of branches of banks that have been merged with other banks in the year 2019 and 2020.

Among public sector banks, Dena Bank and Vijaya Bank were merged with Bank of Baroda; Oriental Bank of Commerce and United Bank of India with Punjab National Bank; Syndicate Bank with Canara Bank; Allahabad Bank with Indian Bank; Andhra Bank and Corporation Bank with Union Bank of India.

Also, Lakshmi Vilas Bank was merged with DBS Bank.

The questions related to mergers are: ‘I did not face any problem in availing services after the merger’; ‘I faced problems in the following product(s)/service(s)/area(s)’; and ‘The nature of problem I faced in the product(s)/service(s)/area(s)’.

The participants will also be asked: “overall, the merger has been positive from customer service perspective”; and options against this are ‘strongly agree’; ‘agree’; ‘neutral’; ‘disagree’; and ‘strongly disagree’.

While inviting quotations for conducting the ‘Bank Customers’ Satisfaction Survey’ from survey agencies, the central bank said the approved vendor will be required to conduct interview over phone with recording of customers of bank branches falling in identified states.

The RBI will provide the contact number of the customers of bank branches selected from the 21 states. The selected agency will have to complete the survey work and submit the report to the RBI by June 22, 2021.

Request for quotations (RFQ) document said the questions have been framed to capture the customer’s experience and perception of the grievance redress mechanism of his/her bank. It is also for awareness about the grievance redressal mechanism of the bank and the banking ombudsman.



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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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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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