RESERVE BANK OF INDIA
RBI/DOR/2021-22/87
DOR.CAP.REC.No.61/21.01.002/2021-22
October 26, 2021
All Local Area Banks
Dear Sir / Madam,
Master Direction – Prudential Norms on Capital Adequacy for Local Area Banks (Directions), 2021
The Reserve Bank of India has, from time to time, issued several guidelines / instructions / directives to Local Area Banks on Prudential Norms on Capital Adequacy.
2. To enable Local Area Banks to have current instructions at one place, a Master Direction, incorporating all the existing guidelines / instructions / directives on the subject, has been prepared for reference of the banks.
3. This Direction has been issued by RBI in exercise of its powers conferred under Section 35A of the Banking Regulation Act 1949 and in exercise of all the powers enabling it in this behalf.
Yours faithfully,
(Usha Janakiraman)
Chief General Manager
RBI/DOR/2021-22/
DOR.CAP.REC.No.61 /21.01.002/2021-22
October 26, 2021
Reserve Bank of India – Prudential Norms on Capital Adequacy for
Local Area Banks, Directions, 2021
In exercise of the powers conferred by Section 35A of the Banking Regulation Act, 1949, the Reserve Bank of India, being satisfied that it is necessary and expedient in the public interest so to do, hereby, issues the Directions hereinafter specified.
CHAPTER – I
PRELIMINARY
1. Short Title and Commencement.
(a) These Directions shall be called the Reserve Bank of India (Prudential Norms on Capital Adequacy for Local Area Banks) Directions, 2021.
(b) These directions shall come into effect from October 26, 2021.
2. Applicability
The provisions of these Directions shall apply to all Local Area Banks, licensed to operate in India by the Reserve Bank of India.
3. Purpose
This Master Direction covers instructions regarding the components of capital and the capital required to be provided for by banks for credit and market risks. These Directions serve to specify the prudential norms from the point of view of capital adequacy. Permission for LABs to undertake transactions in specific instruments/products shall be guided by the regulations, instructions and guidelines on the same issued by Reserve Bank from time to time.
4. Definitions
(a) In these Directions, unless the context otherwise requires, the terms herein shall bear the meanings assigned to them below —
i. “Basis Risk” is the risk that the interest rate of different assets, liabilities and off-balance sheet items may change in different magnitude.
ii. “Credit risk” is defined as the potential that a bank’s borrower or counterparty may fail to meet its obligations in accordance with agreed terms. It is also the possibility of losses associated with diminution in the credit quality of borrowers or counterparties.
iii. “Deferred Tax Assets” shall have the same meaning as assigned under the extant Accounting Standards.
iv. “Derivative” shall have the same meaning as assigned to it in section 45U(a) of the RBI Act, 1934.
v. “Duration” (Macaulay duration) measures the price volatility of fixed income securities. It is often used in the comparison of the interest rate risk between securities with different coupons and different maturities. It is the weighted average of the present value of all the cash flows associated with a fixed income security. It is expressed in years. The duration of a fixed income security is always shorter than its term to maturity, except in the case of zero coupon securities where they are the same.
vi. “Hedging” is taking action to eliminate or reduce exposure to risk
vii. “Horizontal Disallowance” is a disallowance of offsets to required capital used in the BIS (Bank of International Settlements) Method1 for assessing market risk for regulatory capital in order to calculate the capital required for interest rate risk of a trading portfolio. The BIS Method allows offsets of long and short positions. However, interest rate risks of instruments at different horizontal points of the yield curve are not perfectly correlated. Hence, the BIS Method requires that a portion of these offsets be disallowed.
viii. “Interest rate risk” is the risk that the financial value of assets or liabilities (or inflows/outflows) will be altered because of fluctuations in interest rates.
ix. “Long Position” refers to a position where gains arise from a rise in the value of the underlying.
x. “Market risk” is the risk of losses in on-and off-balfance sheet positions arising from movements in market prices.
xi. “Modified Duration” or volatility of an interest-bearing security is its Macaulay Duration divided by one plus the coupon rate of the security. It represents the percentage change in the securities’ price for a 100 basis points change in yield. It is generally accurate for only small changes in the yield.
MD = – dP /dY x 1/P
Where, MD= Modified Duration
P= Gross price (i.e. clean price plus accrued interest)
dP= Corresponding small change in price
dY = Small change in yield compounded with the frequency of the coupon payment.
xii. “Mortgage-backed security” is a bond-type security in which the collateral is provided by a pool of mortgages. Income from the underlying mortgages is used to meet interest and principal repayments.
xiii. “Open position” is the net difference between the amounts payable and amounts receivable in a particular instrument or commodity. It results from the existence of a net long or net short position in the particular instrument or commodity.
xiv. “Short position” refers to a position where gains arise from a decline in the value of the underlying. It also refers to the sale of a security in which the seller does not have a long position.
xv. “Vertical Disallowance” in the method for determining regulatory capital necessary to cushion market risk is a reversal of the offsets of a general risk charge of a long position by a short position in two or more securities in the same time band in the yield curve where the securities have differing credit risks.
CHAPTER – II
COMPOSITION OF REGULATORY CAPITAL
5. Banks are required to maintain a minimum Capital to Risk Weighted Assets Ratio (CRAR) of 9 per cent on an ongoing basis.
6. Components of Capital
The capital funds shall consist of the sum of Tier I Capital and Tier II Capital.
7. Elements of Tier I Capital:
Tier I capital shall consist:
(i) Paid-up capital (ordinary shares), statutory reserves, and other disclosed free reserves, if any;
(ii) Perpetual Non-cumulative Preference Shares (PNCPS) eligible for inclusion as Tier I capital;
(iii) Perpetual Debt Instruments (PDI) eligible for inclusion as Tier I capital; and
(iv) Capital reserves representing surplus arising out of sale proceeds of assets.
8. Perpetual Non-Cumulative Preference Shares (PNCPS) shall be eligible for inclusion as Tier I capital subject to compliance with the minimum regulatory requirements specified in Annex 1. Perpetual Debt Instruments (PDI) shall be eligible for inclusion as Tier I capital subject to compliance with the minimum regulatory requirements specified in Annex 2.
9. Banks may include quarterly / half yearly profits for computation of Tier I capital only if the quarterly / half yearly results are audited by statutory auditors and not when the results are subjected to limited review.
10. Elements of Tier II Capital
Tier II capital shall consist of undisclosed reserves, revaluation reserves, general provisions and loss reserves, hybrid debt capital instruments, subordinated debt and investment reserve account as explained hereunder:
(a) Undisclosed Reserves
Undisclosed Reserves shall be included in Tier II capital, if they represent accumulations of post-tax profits and are not encumbered by any known liability and shall not be routinely used for absorbing normal loss or operating losses.
(b) Revaluation Reserves
Revaluation Reserves shall be subject to a discount of 55 per cent while determining their value for inclusion in Tier II capital. Such reserves shall be reflected on the face of the Balance Sheet as Revaluation Reserves.
(c) General Provisions and Loss Reserves
General Provisions and Loss Reserves shall be included in Tier II capital provided they are not attributable to the actual diminution in value or identifiable potential loss in any specific asset and are available to meet unexpected losses. Adequate care shall be taken to ensure that sufficient provisions have been made to meet all known losses and foreseeable potential losses before considering general provisions and loss reserves to be part of Tier II capital.
General provisions and loss reserves shall be admitted up to a maximum of 1.25 percent of total risk weighted assets.
General provisions/loss reserves shall include:-
(a) ‘Floating Provisions’ held by the banks, which is general in nature and not made against any identified assets.
(b) Excess provisions which arise on sale of NPAs
(c) General provisions on standard assets
(d) Investment Reserve Account as disclosed in Schedule 2- Reserves & Surplus under the head “Revenue and Other Reserves” in the Balance Sheet
(d) Hybrid Debt Capital Instruments
The following instruments shall be eligible for inclusion in Upper Tier II capital:
(i) Debt capital instruments subject to compliance with minimum regulatory requirements specified in Annex 3.
(ii) Perpetual Cumulative Preference Shares (PCPS) / Redeemable Non-Cumulative Preference Shares (RNCPS) / Redeemable Cumulative Preference Shares (RCPS) subject to compliance with minimum regulatory requirements specified in Annex 4.
(e) Subordinated Debt
Rupee-subordinated debt shall be eligible for inclusion in Tier II capital, subject to the terms and conditions specified in the Annex 5.
11. Swap Transactions
Banks shall not enter into swap transactions involving conversion of fixed rate rupee liabilities in respect of Tier I/Tier II bonds into floating rate foreign currency liabilities.
12. Deductions from computation of Capital funds
(i) Deductions from Tier I Capital
The following deductions shall be made from Tier I capital:
(a) Intangible assets and losses in the current period and those brought forward from previous periods
(b) Deferred tax assets (DTA)
(ii) Deductions from Tier I and Tier II Capital
Equity/non-equity investments in subsidiaries: The investments of a bank in the equity as well as non-equity capital instruments issued by a subsidiary, which are reckoned towards its regulatory capital as per norms prescribed by the respective regulator, shall be deducted at 50 per cent each, from Tier I and Tier II capital of the parent bank, while assessing the capital adequacy of the bank on standalone basis.
13. Limit for Tier II elements
Tier II elements shall be limited to a maximum of 100 per cent of total Tier I elements for the purpose of compliance with the norms.
14. Norms on cross holdings
(i) A bank’s / Financial Institution’s (FI’s) investments in all types of instruments listed at paragraph 14(ii) below, which are issued by other banks / FIs and are eligible for capital status for the investee bank / FI, shall be limited to 10 per cent of the investing bank’s capital funds (Tier I plus Tier II capital).
(ii) Banks’ / FIs’ investment in the following instruments shall be included in the prudential limit of 10 per cent referred to at paragraph 14(i) above.
a. Equity shares;
b. Preference shares eligible for capital status;
c. Perpetual Debt Instruments eligible as Tier I capital;
d. Subordinated debt instruments;
e. Debt capital Instruments qualifying for Upper Tier II status ; and
f. Any other instrument approved as in the nature of capital.
(iii) Banks / FIs shall not acquire any fresh stake in a bank’s equity shares, if by such acquisition, the investing bank’s / FI’s holding exceeds 10 per cent of the investee bank’s equity capital.
(iv) Investments in the instruments issued by banks / FIs which are listed at paragraph 14(ii) above, which are not deducted from capital of the investing bank/ FI, shall attract 100 per cent risk weight for credit risk for capital adequacy purposes.
(v) An indicative list of institutions which may be deemed to be financial institutions for capital adequacy purposes is as under:
- Banks,
- Mutual funds,
- Insurance companies,
- Non-banking financial companies,
- Housing finance companies,
- Merchant banking companies,
- Primary dealers
(vi) The following investments shall be excluded from the purview of the ceiling of 10 per cent prudential norm prescribed in paragraph 14(i) above: a) Investments in equity shares of other banks /FIs in India held under the provisions of a statute.
b) Strategic investments in equity shares of other banks/FIs incorporated outside India as promoters/significant shareholders (i.e., Foreign Subsidiaries / Joint Ventures / Associates).
c) Equity holdings outside India in other banks / FIs incorporated outside India.
15. Capital Charge for Subsidiaries
A consolidated bank defined as a group of entities which include a licensed bank shall maintain a minimum Capital to Risk-weighted Assets Ratio (CRAR) as applicable to the parent bank on an ongoing basis. The parent bank shall consider the following points while computing capital funds:
i. Banks shall maintain a minimum capital to risk weighted assets ratio of 9%. Non-bank subsidiaries shall maintain the capital adequacy ratio prescribed by their respective regulators. In case of any shortfall in the capital adequacy ratio of any of the subsidiaries, the parent shall maintain capital in addition to its own regulatory requirements to cover the shortfall.
ii. Risks inherent in deconsolidated entities in the group shall be assessed and any shortfall in the regulatory capital in the deconsolidated entities shall be deducted (in equal proportion from Tier I and Tier II capital) from the consolidated bank’s capital in the proportion of its equity stake in the entity.
CHAPTER – III
Capital Charge for Credit Risk
16. Banks shall manage the credit risks in their books on an ongoing basis and ensure that the capital requirements for credit risks are maintained on a continuous basis, at the close of each business day. The applicable risk weights for calculation of CRAR for credit risk are specified in Annex 6.
CHAPTER – IV
Capital Charge for Market Risk
17. Scope and Coverage of Capital Charge for Market Risks
The capital charge for market risk shall cover the capital charges for interest rate related instruments in the trading book, equities in the trading book and foreign exchange risk (including gold and other precious metals) in both trading and banking books. Trading book for the purpose of capital adequacy shall include2:
(i) Securities included under the Held for Trading category
(ii) Securities included under the Available for Sale category
(iii) Open gold position
(iv) Open foreign exchange position
(v) Trading positions in derivatives, and
(vi) Derivatives entered into for hedging trading book exposures.
18. Banks shall manage the market risks in their books on an ongoing basis and ensure that the capital requirements for market risks are maintained on a continuous basis, at the close of each business day. Banks shall also maintain strict risk management systems to monitor and control intra-day exposures to market risks.
19. Measurement of Capital Charge for Interest Rate Risk in Trading Book other than Derivatives
The capital charge for interest rate related instruments shall apply to the current market value of these items in bank’s trading book. The current market value shall be determined as per the extant RBI guidelines on valuation of investments. The minimum capital requirement is expressed in terms of two separate capital charges:-
(i) Specific risk charge for each security both for short and long positions
(ii) General market risk charge towards interest rate risk in the portfolio where long and short positions in different securities or instruments can be offset.
In India short position is not allowed except in case of derivatives and Central Government Securities. Banks shall follow the framework specified hereunder for capital charge for both specific risk and general market risk for interest rate risk in the trading book other than derivatives.
20. Specific Risk
The capital charge for specific risk is designed to protect against an adverse movement in the price of an individual security owing to factors related to the individual issuer. The specific risk charge is graduated for various exposures under three heads: (a) claims on Government, (b) claims on banks, (c) claims on others as specified in Annex 7.
21. General Market Risk
(a) The capital charge for general market risk is designed to capture the risk of loss arising from changes in market interest rates. The capital charge shall be the sum of three components:
- the net short ( short position is not allowed in India except in derivatives and Central Government Securities) or long position in the whole trading book;
- a small proportion of the matched positions in each time-band (the “vertical disallowance”); and
- a larger proportion of the matched positions across different time-bands (the “horizontal disallowance”).
(b) Banks shall adopt the standardized duration method for computation of capital charge for market risk. Banks shall be required to measure the general market risk charge by calculating the price sensitivity (modified duration) of each position separately. The mechanics shall be as follows:
- first calculate the price sensitivity (modified duration) of each instrument;
- next apply the assumed change in yield to the modified duration of each instrument between 0.6 and 1.0 percentage points depending on the maturity of the instrument as specified in Annex 8;
- slot the resulting capital charge measures into a maturity ladder with the fifteen time bands as specified in Annex 8;
- subject long and short positions in each time band to a 5 per cent vertical disallowance designed to capture basis risk; and
- carry forward the net positions in each time-band for horizontal offsetting subject to the disallowances specified in Annex 9.
22. Capital Charge for Interest Rate Derivatives
The measurement of capital charge for market risk shall include all interest rate derivatives and off-balance sheet instruments in the trading book, which react to changes in interest rates (eg. Forward rate agreements, other forward contracts, etc.) and derivatives entered into for hedging trading book exposures. The details of measurement of capital charge for interest rate derivatives are specified in Annex 10.
23. Measurement of Capital Charge for equities in the trading book
(a) Capital charge for equities in the trading book shall be applied to all instruments that exhibit market behavior similar to equities but not to non-convertible preference shares (which are covered by the interest rate risk requirements). The instruments covered include equity shares, whether voting or non-voting, convertible securities that behave like equities, such as units of mutual funds, and commitments to buy or sell equity. The capital charge for equities shall apply to the current market value of these items in the bank’s trading book.
Capital charge for specific risk (akin to credit risk) shall be 11.25%. Specific risk shall be computed on the banks’ gross equity positions (the sum of all long equity positions and of all short equity positions-short equity position is, however, not allowed for banks in India). The general market risk charge shall be 9% on the gross equity positions.
(b) Investments in shares and units of Venture Capital Funds (VCFs) shall be assigned 150% risk weight for measuring the credit risk during first three years when these are held under HTM category. When these are held under or transferred to AFS, the capital charge for specific risk component of the market risk shall be fixed at 13.5% to reflect the risk weight of 150%. The charge for general market risk component shall be at 9% as in the case of other equities.
24. Measurement of Capital Charge for Foreign Exchange and Gold Open Positions
Foreign exchange open positions and gold open positions shall be risk weighted at 100%. Capital charge for foreign exchange and gold open positions (limits or actual whichever is higher) shall attract capital charge at 9%.
25. Aggregation of Capital Charge for Market Risks
The capital charges for specific risk and general market risk shall be computed separately before aggregation. For computing the total capital charge for market risks, the calculations shall be plotted in the proforma as per Table 1 below.
Table-1: Total Capital Charge for Market Risk
(₹ crore)
| Risk Category | Capital charge |
| I. Interest Rate (a+b) | |
| a. General market risk | |
|
|
| b. Specific risk | |
| II. Equity (a+b) | |
| a. General Market Risk | |
| b. Specific Risk | |
| III. Foreign Exchange & Gold | |
| IV. Total capital charge for market risks (I+II+III) |
26. Computation of Capital available for Market Risk:
Capital required for supporting credit risk shall be deducted from total capital funds to arrive at capital available for supporting market risk. (Refer Annex 11 for illustration).
CHAPTER – V
Calculation of Total Risk-Weighted Assets and Capital Ratio
27. The following steps shall be followed for calculation of total risk weighted assets and capital ratio:
i) Compute the risk weighted assets for credit risk in the banking book and for counterparty credit risk on all OTC derivatives.
ii) Convert the capital charge for market risk to notional risk weighted assets by multiplying the capital charge arrived at in Table 1 above, by 100 ÷ 9 [the present requirement of CRAR is 9% and hence notional risk weighted assets are arrived at by multiplying the capital charge by (100 ÷ 9)]
iii) Add the risk-weighted assets for credit risk as at (i) above and notional risk-weighted assets of trading book as at (ii) above to arrive at total risk weighted assets for the bank.
iv) Compute capital ratio on the basis of regulatory capital maintained and risk-weighted assets.
28. Worked out Examples: Two examples for computing capital charge for market risk and credit risk are given in Annex 12.
CHAPTER – VI
REPEAL AND OTHER PROVISIONS
29. With the issue of these directions, the instructions / guidelines contained in the following circulars issued by the Reserve Bank stand repealed, insofar as their applicability to Local Area Banks is concerned:
(i) DBOD.No.BP.BC.9/21.01.002/94 dated February 8, 1994 on Capital Adequacy measures
(ii) DBOD.No.BP.BC.99/21.01.002/94 dated August 24, 1994 on Capital Adequacy Measures
(iii) DBOD.No.BP.BC.13/21.01.002/96 dated February 8, 1996 on Capital Adequacy Measures
(iv) DBOD.No.BP.BC.119/21.01.002/98 dated December 28, 1998 on Monetary & Credit Policy Measures – Capital Adequacy Ratio – Risk Weight on Banks’ Investments in Bonds / Securities Issued by Financial Institutions
(v) DBOD.No.BP.BC.5/21.01.002/98-99 dated February 8, 1999 on Issue of Subordinated Debt for Raising Tier II Capital
(vi) DBOD.No.BP.BC.87/21.01.002/99 dated September 8, 1999 on Capital Adequacy Ratio – Risk Weight on Banks’ Investments in Bonds / Securities Issued by Financial Institutions
(vii) DBOD.BP.BC.61/21.01.002/2004-05 dated December 23, 2004 on Mid-Term Review of the Annual Policy Statement for the year 2004-05. Risk weight on housing loans and consumer credit
(viii) DBOD.No.BP.BC.21/21.01.002/2005-06 dated July 26, 2005 on Risk weight on Capital market Exposure
(ix) DBOD.No.BP.BC.57/21.01.002/2005-2006 dated January 25, 2006 on Enhancement of banks’ capital raising options for capital adequacy purposes
(x) DBOD.No.BP.BC.84/21.01.002/2005-06 dated May 25, 2006 on APS for 2006-07-Risk Weight on Exposures to Commercial Real estate and Venture Capital Funds
(xi) DBOD.BP.BC. 87 /21.01.002/2005-06 dated June 8, 2006 on Innovative Tier I/Tier II Bonds – Hedging by banks through Derivative Structures
(xii) DBOD.No.BP.BC.23/21.01.002/2006-2007 dated July 21, 2006 on Enhancement of banks’ capital raising options for capital adequacy purposes
(xiii) DBOD.NO.BP.BC.92/21.01.002/2006-07 dated May 3, 2007 on Annual Policy Statement for the year 2006-07: Risk Weight on residential housing loans
(xiv) DBOD No.BP.BC 88/ 21.06.001./ 2007-08 dated May 30, 2008 on Capital Adequacy Norms – Treatment of banks’ investments in subsidiaries/ associates and of the subsidiaries’ /associates’ investments in parent banks
(xv) DBOD.No.BP.BC. 38 /21.01.002/2009-10 dated September 7, 2009 on Issue of Subordinated Debt for Raising Tier II Capital
(xvi) DBR.No.BP.BC.17/ 21.06.001/ 2019-20 dated September 12, 2019 on Risk Weight for Consumer Credit except credit card receivables
29. All approvals / acknowledgements given under the above circulars shall be deemed as given under these directions.
Annex 1
Criteria for Inclusion of Perpetual Non-Cumulative Preference Shares (PNCPS) in Tier I capital
1. Terms of Issue
(i) Limits
The outstanding amount of Tier I Preference Shares along with Tier 1 perpetual debt instruments shall not exceed 40 per cent of total Tier I capital at any point of time. The above limit shall be based on the amount of Tier I capital after deduction of goodwill and other intangible assets but before the deduction of investments. Tier I Preference Shares issued in excess of the overall ceiling of 40 per cent shall be eligible for inclusion under Upper Tier II capital, subject to limits prescribed for Tier II capital. However, investors’ rights and obligations shall remain unchanged.
(ii) Amount
The amount of PNCPS to be raised shall be decided by the Board of Directors of banks.
(iii) Maturity
The PNCPS shall be perpetual.
(iv) Options
(i) PNCPS shall not be issued with a ‘put option’ or ‘step up option’.
(ii) Banks may, however, issue the instruments with a call option at a particular date subject to following conditions:
(a) The call option on the instrument is permissible after the instrument has run for at least ten years; and
(b) Call option shall be exercised only with the prior approval of RBI (Department of Regulation). While considering the proposals received from banks for exercising the call option the RBI shall, among other things, take into consideration the bank’s CRAR position both at the time of exercise of the call option and after exercise of the call option.
(v) Dividend
The rate of dividend payable to the investors may be either a fixed rate or a floating rate referenced to a market determined rupee interest benchmark rate.
(vi) Payment of Dividend
(a) The issuing bank shall pay dividend subject to availability of distributable surplus out of current year’s earnings, and if
(i) The bank’s CRAR is above the minimum regulatory requirement prescribed by RBI;
(ii) The impact of such payment does not result in bank’s capital to risk weighted assets ratio (CRAR) falling below or remaining below the minimum regulatory requirement prescribed by RBI;
(iii) In the case of half yearly payment of dividends, the balance sheet as at the end of the previous year does not show any accumulated losses; and
(iv) In the case of annual payment of dividends, the current year’s balance sheet does not show any accumulated losses
(b) The dividend shall not be cumulative. Dividend missed in a year shall not be paid in future years, even if adequate profit is available and the level of CRAR conforms to the regulatory minimum. When dividend is paid at a rate lesser than the prescribed rate, the unpaid amount shall not be paid in future years, even if adequate profit is available and the level of CRAR conforms to the regulatory minimum.
(c) All instances of non-payment of dividend/payment of dividend at a lesser rate than prescribed in consequence of conditions as at (a) above shall be reported by the issuing banks to the Chief General Managers-in-Charge of Department of Regulation and Department of Supervision, Central Office of the Reserve Bank of India, Mumbai.
(vii) Seniority of Claim
The claims of the investors in PNCPS shall be senior to the claims of investors in equity shares and subordinated to the claims of all other creditors and the depositors.
(viii) Other Conditions
(a) PNCPS shall be fully paid-up, unsecured, and free of any restrictive clauses.
(b) Investment by FIIs and NRIs shall be within an overall limit of 49 per cent and 24 per cent of the issue respectively, subject to the investment by each FII not exceeding 10 per cent of the issue and investment by each NRI not exceeding 5 per cent of the issue. Investment by FIIs in these instruments shall be outside the ECB limit for rupee denominated corporate debt as fixed by Government of India from time to time. The overall non-resident holding of Preference Shares and equity shares in public sector banks will be subject to the statutory / regulatory limit.
(c) Banks shall comply with the terms and conditions, if any, stipulated by SEBI / other regulatory authorities in regard to issue of the instruments.
2. Compliance with Reserve Requirements
(a) The funds collected by various branches of the bank or other banks for the issue and held pending finalisation of allotment of the Tier I Preference Shares shall be taken into account for the purpose of calculating reserve requirements.
(b) The total amount raised by the bank by issue of PNCPS shall however, not be reckoned as liability for calculation of net demand and time liabilities for the purpose of reserve requirements and, as such, shall not attract CRR / SLR requirements.
3. Reporting Requirements
(i) Banks issuing PNCPS shall submit a report to the Chief General Manager-in-charge, Department of Regulation, Reserve Bank of India, Mumbai giving details of the capital raised, including the terms of issue specified at item 1 above together with a copy of the offer document soon after the issue is completed.
(ii) The issue-wise details of amount raised as PNCPS qualifying for Tier I capital by the bank from FIIs / NRIs are required to be reported within 30 days of the issue to the Chief General Manager, Reserve Bank of India, Foreign Exchange Department, Foreign Investment Division, Central Office, Mumbai 400 001 in the proforma given at the end of this Annex. The details of the secondary market sales / purchases by FIIs and the NRIs in these instruments on the floor of the stock exchange shall be reported by the custodians and designated banks, respectively to RBI through the soft copy of the LEC Returns, on a daily basis, as prescribed in Schedule 2 and 3 of the FEMA Notification No.20 dated 3rd May 2000, as amended from time to time.
4. Investment in Perpetual Non-Cumulative Preference Shares issued by other banks/FIs
(a) A bank’s investment in PNCPS issued by other banks and financial institutions shall be reckoned along with the investment in other instruments eligible for capital status while computing compliance with the overall ceiling of 10 per cent of the investing bank’s capital funds prescribed in paragraph 14 of these Directions.
(b) Bank’s investments in PNCPS issued by other banks / financial institutions shall attract risk weight for capital adequacy purposes as prescribed in paragraph 14(iv) of these Directions.
(c) A bank’s investments in the PNCPS of other banks shall be treated as exposure to capital market and be reckoned for the purpose of compliance with the prudential ceiling for capital market exposure as fixed by RBI.
5. Grant of Advances against Tier I Preference Shares
Banks shall not grant advances against the security of the PNCPS issued by them.
6. Classification in the Balance sheet
These instruments shall be classified as capital and shown under ‘Schedule I-Capital’ of the Balance sheet.
Reporting Format
(Cf. para 3(ii) of Annex – 1)
Details of Investments by FIIs and NRIs in Perpetual Non-Cumulative Preference Shares qualifying as Tier-I Capital
(a) Name of the bank :
(b) Total issue size / amount raised (in Rupees) :
(c) Date of issue :
| FIIs | NRIs | ||||
| No of FIIs | Amount raised | No. of NRIs | Amount raised | ||
| in Rupees | as a percentage of the total issue size |
in Rupees | as a percentage of the total issue size | ||
It is certified that
(i) the aggregate investment by all FIIs does not exceed 49 per cent of the issue size and investment by no individual FII exceeds 10 per cent of the issue size.
(ii) It is certified that the aggregate investment by all NRIs does not exceed 24 per cent of the issue size and investment by no individual NRI exceeds 5 per cent of the issue size.
Authorised Signatory
Date
Seal of the bank
Notes:-
1 Amendment to the Capital Accord to incorporate market risks: BCBS January 1996
2 At present, LABs are not permitted to carry out activities mentioned in points (iii) to (vi). However, as and when these activities are allowed, the relevant instructions would become applicable to them.
