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Showing posts with label Reserve Bank of India (RBI). Show all posts
Showing posts with label Reserve Bank of India (RBI). Show all posts

RBI - Constitution of Special Investigating Team – Sharing of Information

Wednesday, June 25, 2014 Posted by Unknown No comments
RBI/2013–14/652, DBOD.AML.No.20470/14.01.001/2013-14, dated 23rd June, 2014

The Chairpersons / CEOs of all Scheduled Commercial
Banks (Excluding RRBs)/Local Area Banks /
All India Financial Institutions

In pursuance of the Hon’ble Supreme Court Judgment dated July 4, 2011, Government of India has constituted a Special Investigation Team (SIT) under the Chairmanship of Hon’ble Justice M.B. Shah. In this regard, the Hon’ble Supreme Court has directed that:

“All organs agencies, departments and agents of the State, whether at the level of the Union of India, or the State Government, including but not limited to all statutorily formed individual bodies, and other constitutional bodies extend all the cooperation necessary for the functioning of the Special Investigation Team.

The Union of India and where needed the State Government will facilitate the conduct of the investigations, in their fullest measures, by the Special Investigation Team and functioning, by extending all necessary financial, material, legal, diplomatic and intelligence resources, whether such investigations or portions of such investigations occur inside the country or abroad.”

2. In view of the above, all the banks and financial institutions are advised to ensure that information/documents required by the SIT are made available as and when required.
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DTL on Special Reserve created u/s 36(1) (viii) of the Income Tax Act, 1961-UCBs

Wednesday, June 11, 2014 Posted by Unknown No comments
Deferred Tax Liability on Special Reserve created under Section 36(1) (viii) of the Income Tax Act, 1961-UCBs

RBI/2013-14/619 UBD. CO. BPD. PCB. Cir. No. 67/09.50.001/2013-14 dated 30th May, 2014

It has been observed that some banks are not creating Deferred Tax Liability (DTL) on Special Reserve as per Accounting Standard 22: 'Accounting for taxes on Income' (AS 22) on the ground that they do not intend to withdraw from such Reserve in the future. In many cases banks have formalised such intent by having resolutions passed by their Boards or Committees to this effect.

2. The matter regarding creation of DTL on Special Reserve has been examined and banks are advised that, as a matter of prudence, DTL should be created on Special Reserve.

3. For this purpose, banks may take the following course of action:

a) If the expenditure due to the creation of DTL on Special Reserve as at March 31, 2013 has not been fully charged to the Profit and Loss account, banks may adjust the same directly from Reserves. The amount so adjusted may be appropriately disclosed in the Notes to Accounts of the financial statements for the financial year 2013-14.

b) DTL for amounts transferred to Special Reserve from the year ended March 31, 2014 onwards should be charged to the Profit and Loss Account of that year.

4. In view of the requirement to create DTL on Special Reserve, banks may reckon the entire Special Reserve for the purpose of computing Tier-I Capital.
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Usage of Transaction Type Code (TTC) in RTGS

Friday, May 02, 2014 Posted by Unknown No comments
RBI / 2013 – 14 /575, DPSS (CO) RTGS No. 2232/04.04.002/2013 – 2014, 28th April, 2014

The Chairman / Managing Director / Chief
Executive Officer of participants of RTGS

We invite a reference to the RTGS System Regulations 2013, detailing the guidelines for RTGS transactions.

2. In terms of para 6.4 of RTGS System Regulations 2013, different Transaction Type Code (TTC) Values are prescribed for different types of RTGS transactions. For example, TTC Value “1000” is allotted for customer transactions and TTC Value “1800” is allotted for Own Account Transfer.

3. It has been brought to our notice that some of the RTGS participants are initiating Own Account Transfers (OAT) from RTGS settlement account to their current account maintained with RBI using the customer transaction code, i.e., using the TTC value “1000” allotted for customer transactions instead of “1800” allotted for OAT. The usage of wrong TTC value for transaction in RTGS leads to unintended consequences.

4. All RTGS participants are, therefore, advised to strictly adhere to the RTGS System Regulations 2013 and use appropriate TTC Value while originating RTGS transactions.

5. This Circular is issued under Section 10 (2) of Payment and Settlement Systems Act, 2007.
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Uniform Accounting Standards at ARCs

Thursday, May 01, 2014 Posted by Unknown , No comments
RBI/2013-14/571, DNBS (PD) CC. No. 38/ SCRC/ 26.03.001/2013-14, dated 23rd April 23, 2014

The Chairman/Managing Director/Chief Executive Officer
All registered Securitisation Companies/Reconstruction Companies

Please refer to "The Securitisation Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions, 2003" dated April 23, 2003 (herein after called Guidelines).

2. Pursuant to the recommendations of the Key Advisory Group (KAG) constituted by the Government of India on the Asset Reconstruction Companies (ARCs), Reserve Bank of India advises the guidelines on uniform accounting standard for ARCs as under:

a. Acquisition cost (Pre and post acquisition)

Expenses incurred at pre acquisition stage for performing due diligence etc. for acquiring financial assets from banks/ FIs should be expensed immediately by recognizing the same in the statement of profit and loss for the period in which such costs are incurred.

Expenses incurred after acquisition of assets on the formation of the trusts, stamp duty, registration, etc. which are recoverable from the trusts, should be reversed, if these expenses are not realised within 180 days from the planning period [In terms of RBI Notification No.DNBS.2/CGM(CSM)-2003, dated April 23, 2003 planning period means a period not exceeding twelve months allowed for formulating a plan for realization of nonperforming assets (in the books of originator) acquired for the purpose of reconstruction] or downgrading of Security receipts (SRs) (i.e. Net Asset Value (NAV) is less than 50% of the face value of SRs ) whichever is earlier.

b. Revenue Recognition

(i) Yield should be recognised only after the full redemption of the entire principal amount of Security Receipts.

(ii) Upside income should be recognized only after full redemption of Security Receipts.

(iii) Management fees may be recognized on accrual basis. Management fees recognized during the planning period must be realized within 180 days from the date of expiry of the planning period. Management fees recognized after the planning period should be realized within 180 days from the date of recognition. Unrealised Management fees should be reversed thereafter. Further any unrealized Management fees will be reversed if before the prescribed time for realisation, NAV of the SRs fall below 50% of face value. [In terms of RBI Notification No.DNBS.2/CGM(CSM)-2003, dated April 23, 2003 planning period means a period not exceeding twelve months allowed for formulating a plan for realization of non-performing assets (in the books of originator) acquired for the purpose of reconstruction.]

c. Valuation of Security Receipts (SRs)

Considering nature of investment in SRs where underlying cash flows are dependent on realization from non performing assets, it can be classified as available for sale. Hence investments in SRs may be aggregated for the purpose of arriving at net depreciation/ appreciation of investments under the category. Net depreciation, if any shall be provided for. Net Appreciation, if any should be ignored. Net depreciation required to be provided for should not be reduced on account of net appreciation.

d. Applicability of 'Operating Cycle Concept' under Schedule VI

SC/ RCs are advised in their balance sheet to classify all the liabilities due within one year as "current liabilities" and assets maturing within one year along with cash and bank balances as "current assets". Capital and Reserves will be treated as liabilities on liability side while investment in SRs and Long term deposits with banks will be treated as fixed assets on the assets side.

3. The accounting guidelines will be effective from the accounting year 2014-15.


RBI - Timely Issue of TDS Certificate to Customers

Saturday, November 09, 2013 Posted by Unknown , No comments
RBI/2013-14/361, DBOD.No.Leg.BC.65/09.07.005/2013-14, dated November 6, 2013

All Scheduled Commercial Banks
(Excluding RRBs)

It has been brought to our notice that, some banks are not providing TDS Certificate in Form 16A to their customers in time, causing inconvenience to customers in filing income-tax returns timely.

2. The matter has been examined and with a view to protect interest of the depositors and for rendering better customer service, banks are advised to provide to their customers from whose income tax has been deducted at source, TDS Certificate in Form 16A. Banks are advised to put in place systems that will enable them to provide Form 16A to the customers within the time-frame prescribed under the Income Tax Rules. Banks should avoid waiting till the last moment.

3. This advice is issued under Section 36 (1) (a) of the Banking Regulation Act, 1949 (10 of 1949).


Prudential Norms for Off-Balance Sheet Exposures of Banks – Deferment of Option Premium

Wednesday, June 19, 2013 Posted by Unknown No comments
RBI/2012-13/ 535, DBOD.No.BP.BC.102/21.04.157/2012-13, June 18, 2013

The Chairman and Managing Directors/ Chief Executive Officers of
All Scheduled Commercial Banks (excluding RRBs and LABs) &
All India Term-Lending & Refinancing Institutions

Banks are permitted to defer, at their discretion, the premium on plain vanilla options sold by them to users subject to certain conditions with effect from January 25, 2012. It has now been decided to extend this facility to cost reduction forex option structures in which the liability of the users never exceeds the net premium payable to the bank under any scenario. This facility would be subject to the following conditions:

(i). Banks should carry out necessary due diligence with regard to the ability of users to adhere to the premium payment schedule, in accordance with their Board approved policy in this regard, before extending this facility to the users.

(ii). Payment of premium for option structure with maturity of more than 1-year may be deferred, provided the premium payment period does not extend beyond the maturity date of the contract.

(iii). The premium should be received uniformly over the maturity of the contract and the periodicity of such payment should be at least once in a quarter.

(iv). This facility should not be allowed for the contracts which are on past performance basis.

2. Such option structures would continue to be governed by instructions (as amended from time to time) on

·  Suitability and appropriateness as regards structured derivative products laid down in ‘Comprehensive Guidelines on Derivatives: Modifications’ dated November 2, 2011 issued by Department of Banking Operations and Development, RBI; and

·      Cost Reduction Structures as laid down in Master Circular on ‘Risk Management and Inter-Bank Dealings’ dated July 2, 2012 issued by Foreign Exchange Department, RBI.


Legal Audit of Title Documents in respect of Large Value Loan Accounts

Saturday, June 08, 2013 Posted by Unknown , No comments
RBI /2012-13/524, DBS.FrMC.BC.No.7/23.04.001/2012-13, dated June 07, 2013

The Chairmen & Chief Executive Officers of all
Scheduled Commercial Banks (excluding RRBs)
and All India Select Financial Institutions

Please refer to para 3.1 of our circularDBS.CO. FrMC. BC .No. 11/ 23.0.001/ 2010-11 dated June 30, 2011 requiring banks to put in place a system wherein the concurrent auditors were required to look into and report, inter alia, on the genuineness of the title documents especially for large value loans.

2. On a review, it has been decided that the banks should also subject the title deeds and other documents in respect of all credit exposures of ` 5 crore and above to periodic legal audit and re-verification of title deeds with relevant authorities as part of regular audit exercise till the loan stands fully repaid.

3. The banks may furnish a review note to its Board/ Audit Committee of the Board at quarterly intervals on an ongoing basis giving therein the information in respect of such legal audits which should cover aspects, inter alia, like number of loan accounts due for legal audit for the quarter, how many accounts covered, list of deficiencies observed by the auditors, steps taken to rectify the deficiencies, number of accounts in which the rectification could not take place, course of action to safeguard the interest of bank in such cases, action taken on issues pending from earlier quarters.


Acknowledgement by Banks at the time of Submission of Form 15-G / 15-H

Wednesday, June 05, 2013 Posted by Unknown No comments
RBI/2012-13/516, DBOD.No.Leg.BC.100 /09.07.005/2012-13 dated May 31, 2013

All Scheduled Commercial Banks (excluding RRBs)

As you are aware banks are not required to deduct TDS from depositors who submit declaration in Form 15-G/15-H under Income Tax Rules, 1962. However, it has been brought to our notice that despite submission of Form 15-G/15-H by customers, banks are deducting tax at source, at times, causing inconvenience to customers resulting in a number of complaints. Such instances arise because either the forms are misplaced or a track is not kept of forms received in the branches.

2. The matter has been examined by us in consultation with Indian Banks’ Association (IBA). With a view to protect interest of the depositors and for rendering better customer service, banks are advised to give an acknowledgment at the time of receipt of Form 15-G/15-H. This will help in building a system of accountability and customers will not be put to inconvenience due to any omission on part of the banks.


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