The Reserve Bank of India, in terms of Notification No. DNBS (MGC) 1 /CGM (PK)- 2008, dated January 15, 2008, issued in terms of section 45-I(f)(iii) of the Reserve Bank of India Act, 1934 (2 of 1934) and on being satisfied that it is necessary so to do, in exercise of the powers conferred under section 45L(1)(b) of the said Act, 1934 (2 of 1934) and of all the powers enabling it in this behalf, hereby issues these guidelines for compliance of the same by every non-banking financial company undertaking the business of Mortgage Guarantee as defined herein.
RBI’s Master Circular dated 1-7-2011 on Miscellaneous Instructions to All Non-Banking Financial Companies It was decided to introduce an ALM System for the Non-Banking Financial Companies (NBFCs), as part of their overall system for effective risk management in their various portfolios. The abovementioned guidelines would be applicable to all the NBFCs irrespective of whether they are accepting/holding public deposits or not. However to begin with, NBFCs (engaged in and classified as equipment leasing, hire purchase finance, loan, investment and residuary non-banking companies) meeting the criteria of asset base of Rs.100 crore (whether accepting/holding public deposits or not) or holding public deposits of Rs. 20 crore or more (irrespective of their asset size) as per their audited balance sheet as of 31st March, 2001 would be required to put in place the ALM System.
Please refer to our letter DBS. FrMC. BC. No.1 /23.04.001/2010-11 dated July 01, 2010 forwarding the Master Circular on ‘Frauds – Classification and Reporting’. It may be noted that the Master Circular consolidates and updates all the instructions issued during the year since the date of the last Master Circular dated July 1, 2010. The Master Circular also incorporates instructions contained in certain clarifications issued by RBI to banks during the course of the year. The Master Circular has been updated as on June 30, 2011 and has been placed on the web-site of the Reserve Bank of India (www.rbi.org.in).
In view of announcement in the Monetary Policy Statement, the Reserve Bank of India hereby notifies these guidelines, framed under section 9(a) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to provide for the proper management of the business of the borrower to enable the Securitisation Company or Reconstruction Company (SC/RC) to realise their dues from the borrowers, by effecting change in or take over of the management of the business of the borrower and related matters.
Please refer to the Master Circular No.DBOD.FSD.BC.17/24.01.001/2010-11, dated July 1, 2010 consolidating the instructions/guidelines issued to banks till June 30, 2010 on para-banking activities. The Master Circular has been suitably updated by incorporating instructions issued up to June 30, 2011. The Master Circular has also been placed on the RBI website (http://www.rbi.org.in). A copy of the Master Circular is enclosed. A separate Master Circular has been issued on the Credit Card Operations of banks.
The opening of new branches and shifting of existing branches of banks is governed by the provisions of Section 23 of the Banking Regulation Act, 1949. In terms of these provisions, banks cannot, without the prior approval of the Reserve Bank of India (RBI), open a new place of business in India or abroad or change, otherwise than within the same city, town or village, the location of the existing place of business. Section 23 (2) of the Banking Regulation Act lays down that before granting any permission under this section, the Reserve Bank may require to be satisfied, by an inspection under Section 35 or otherwise, as to the financial condition and history of the banking company, the general character of its management, the adequacy of its capital structure and earning prospects and that public interest will be served by the opening or, as the case may be, change of location of the existing place of business. Commercial banks (other than RRBs) including Local Area Banks should approach Department of Banking Operations & Development, Central Office in this regard.
As you are aware, the Reserve Bank of India has, from time to time, issued a number of guidelines/instructions/directives to banks in the matters relating to lending to Micro, Small & Medium Enterprises Sector. To enable the banks to have current instructions at one place, a Master Circular incorporating the existing guidelines/instructions/directives on the subject has been prepared and is appended. This Master Circular consolidates the instructions issued by the RBI up to June 30, 2011, which are listed in the Appendix, to the extent they deal with the MSME sector lending by commercial banks.
I am directed to invite your attention to Notification No. 51/2011-Cus dated 22.06.2011 which amends Notification No. 97/2009-Cus dated 11.09.2009, whereby the validity of Notification No. 97/2009-Cus [which governs imports under the Duty Entitlement Pass Book (DEPB) scheme] has been extended. Circular No. 26 /2011-Cus. -The amending notification 51/2011-Cus stipulates that the notification will be valid for DEPB scrips issued by the Licensing Authority against exports having ‘Let Export Order’ up to and inclusive of the 30th day of September, 2011. The term ‘Let Export Order’ has also been explained in the amending notification as an order which permits clearance and loading of the goods for exportation by the proper officer in accordance with section 51 of the Customs Act, 1962.
As you are aware, in order to have all current instructions on the subject at one place, the Reserve Bank of India issues updated circulars/notifications. The instructions contained in the Notification No. DNBS.2/CGM(CSM)-2003, dated April 23, 2003 updated as on June 30, 2011 are reproduced below (Annexures). The updated Notification has also been placed on the RBI web-site (http://www.rbi.org.in).
Please refer to the Master Circular DBOD.No.Dir.BC.9/13.03.00/2010-11 dated July 1, 2010 consolidating instructions/ guidelines issued to banks till June 30, 2010 on matters relating to Interest Rates on Advances. The Master Circular has been suitably updated by incorporating instructions issued up to June 30, 2011 and has also been placed on the RBI website (http://www.rbi.org.in). A copy of the Master Circular is enclosed.
