Master Circular - Exposure Norms for Financial Institutions - আরবিআই - Reserve Bank of India
Master Circular - Exposure Norms for Financial Institutions
RBI/2008-2009/ 65 01 July, 2008 The CEOs of the all-India Term-lending and Refinancing Institutions Dear Sir, Master Circular - Exposure Norms for Financial Institutions Please refer to the Master Circular DBOD.No.FID.FIC.4 /01.02.00/2007-08 dated July 02, 2007 consolidating instructions/ guidelines issued to FIs up to June 2007 on matters relating to Exposure norms. The Master Circular has been suitably updated by incorporating instructions issued up to June 30, 2008 and has also been placed on the RBI web-site (http: // www.rbi.org.in). 2. It may be noted that the instructions contained in the Annex 3 have been consolidated in this master circular. Yours faithfully, (Vinay Baijal) Master Circular - Exposure Norms for Financial Institutions Purpose To provide a detailed guidance to all-India term-lending and refinancing institutions in the matter of Exposure Norms. Previous instructions This master circular consolidates and updates the instructions on the above subject contained in the circulars listed in the Annex 3. Application To all the all India Financial Institutions viz. Exim Bank, NABARD, NHB and SIDBI. Structure
On a review of the credit exposures of the term lending institutions in 1997, it was considered advisable to prescribe credit exposure limits for them in respect of their lending to individual / group borrowers. Accordingly, as a prudential measure, aimed at better risk management and avoidance of concentration of credit risks, it was decided in June 1997 by Reserve Bank of India to limit a term lending institution's exposures to an individual borrower and group borrowers and credit exposure norms were prescribed for them. These norms are to be considered as a part of prudent credit management system and not as a substitute for efficient credit appraisal, monitoring and other safeguards. In respect of existing credit facilities to borrowers which were in excess of the ceilings initially prescribed, term lending institutions were required to take necessary steps to rectify the excess and comply with the stipulations, within a period of one year from June 28, 1997, the date of the first circular, and to bring such cases to the notice of their Board of Directors. 2.1 The exposure norms are also applicable to the refinancing institutions (viz., NABARD, NHB and SIDBI) but in view of the refinance operations being the core function of these institutions, their refinance portfolio is not subject to these exposure norms. However, from the prudential perspective, the refinancing institutions are well advised to evolve their own credit exposure limits, with the approval of their Board of Directors, even in respect of their refinancing portfolio. Such limits could, inter alia, be related to the capital funds / regulatory capital of the institution. Any relaxation / deviation from such limits, if permitted, should be only with the prior approval of the Board. 2.2 While computing the extent of exposures to a borrower/borrower group for assessing compliance vis-a-vis the single borrower limit/group borrower limit, exposures where principal and interest are fully guaranteed by the Government of India may be excluded. 2.3 These norms deal with only the individual borrower and group borrower exposures but not with the sector / industry exposures. The FIs may, therefore, consider fixing internal limits for aggregate commitments to specific sectors e.g., textiles, chemicals, engineering, etc., so that the exposures are evenly spread. These limits should be fixed having regard to the performance of different sectors and the perceived risks. The limits so fixed should be reviewed periodically and revised, if necessary. 2.4 These stipulations shall apply to all borrowers. However, in so far as public sector undertakings are concerned only single borrower exposure limit would be applicable. 2.5 The norms have evolved over the years and various aspects of the credit exposure norms applicable to FIs are detailed in the following paragraphs. 3.1 ‘Capital Funds’ :
any infrastructure facility that is a project in any of the following sectors: i) a road, including toll road, a bridge or a rail system; ii) a highway project including other activities being an integral part of the highway project; iii) a port, airport, inland waterway or inland port; iv) a water supply project, irrigation project, water treatment system, sanitation and sewerage system or solid waste management system; v) telecommunication services whether basic or cellular, including radio paging, domestic satellite service (i.e., a satellite owned and operated by an Indian company for providing telecommunication service), network of trunking, broadband network and internet services; vi) an industrial park or special economic zone; vii) generation or generation and distribution of power; viii) transmission or distribution of power by laying a network of new transmission or distribution lines; ix) Any other infrastructure facility of similar nature. 3.3 ‘Group’ Borrowers : 3.4 Net Owned Funds in respect of NBFCs : The credit exposure to single borrowers shall not exceed 15 per cent of capital funds of the FI. However, the exposure may exceed by additional five percentage points (i.e., up to 20 per cent) provided the additional credit exposure is on account of infrastructure projects. FIs may, in exceptional circumstances, with the approval of their Boards, consider enhancement of the exposure to a borrower up to a further 5 per cent of capital funds (i.e., 25 per cent of capital funds for infrastructure projects and 20 percent for other projects). [The exposure ceilings stipulated initially in 1997 were 25 per cent and 50 per cent of the capital funds of the FIs for the individual and group borrowers, respectively. In September 1997, an additional exposure of up to 10 percentage points for the group borrowers (i.e., up to 60 per cent) was permitted provided the additional credit exposure was on account of infrastructure projects (which at that time were narrowly defined as only power, telecommunication, roads and ports). In November 1999, with a view to moving closer to the international standard of 15 per cent exposure ceiling, the individual borrower exposure ceiling was reduced, with effect from April 1, 2000, from 25 per cent to 20 per cent of capital funds. The FIs which had, as on October 31, 1999, exposures in excess of the reduced limit of 20 per cent, were permitted to reduce their exposures to the level of 20 per cent latest by October 31, 2001. In June 2001, the exposure ceilings for the individual and group borrowers were reduced from 20 per cent and 50 per cent to 15 per cent and 40 per cent, respectively, with effect from April1, 2002 , but the additional exposure in respect of group borrowers, of up to 10 percentage points on account of infrastructure projects was continued. In February 2003, an additional exposure of up to five percentage points (i.e., up to 20 per cent) on account of infrastructure projects was permitted in respect of individual borrowers also]. 4.3.1 With effect from January 23, 1998, the restriction on grant of bridge loans by the FIs against expected equity flows / issues has been lifted. Accordingly FIs may henceforth grant bridge loan / interim finance to companies other than NBFCs against public issue of equity whether in India or abroad, for which appropriate guidelines should be laid down by the Board of the Financial Institution, as prescribed by RBI. However, FIs should not grant any advance against Rights issue irrespective of the source of repayment of such advance. 4.4 Working capital finance 4.5 Revolving underwriting facility 4.6 Lending to Non Banking Financial Companies (NBFCs)
Fls are also advised that finance by them shall not be provided to NBFCs for the following activities: a) Bills discounted/rediscounted by NBFCs except those arising from sale of commercial vehicles including light commercial vehicles subject to normal lending safeguards; b) Investments made by NBFCs in shares, debentures, etc., of a current nature (i.e. stock-in-trade); c) Investments of NBFCs in and advances to subsidiaries, group companies or other entities; and d) Investments of NBFCs in, and inter-corporate loans/deposits to/ in other companies. Further, it is advised that Fls should not sanction bridge loans and loans of a bridging nature in any form to any category of NBFCs (Including RNBCs) including against capital/ debenture issues. 4.7 Investment in Debt Securities The total investment in the unlisted debt securities should not exceed 10 per cent of the FIs’ total investment in debt securities as given in guidelines for investment in debt securities (Annexure 1), as on March 31 (June 30 in case of NHB), of the previous year. However, the investment in the following instruments will not be reckoned as 'unlisted debt securities' for monitoring compliance with the above prudential limits: (i) Security Receipts (SRs) issued by Securitisation Companies / Reconstruction Companies registered with RBI in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002; and (ii) Asset Backed Securities (ABS) and Mortgage Backed Securities (MBS) which are rated at or above the minimum investment grade. 4.8 Cross holding of capital among banks / financial institutions
4.9.3 For the purpose of determining the level of exposure, the following instruments
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(ii) Preference Shares in the nature of advance : The preference shares, other than convertible preference shares, acquired as part of project financing and meeting the criteria as at (i) above. (iii) Deposits : The deposits placed by the FIs with the corporate sector. 4.9.4 For computing the level of exposure in respect of the NBFCs, the FI’s investment in the privately placed debentures should be included while those acquired in the secondary market should be excluded. 4.9.5 Measurement of exposure in derivative products: With effect from April 1, 2003, the FIs are required to include in the non-funded credit limit, the forward contracts in foreign exchange and other derivative products like currency swaps, options, etc at their replacement cost in determining the individual / group borrower exposures, as per the following guidelines. 4.9.5.1 Methodology for calculation of replacement cost A. The original exposure method
B. The current exposure method Under this method, the credit risk exposure / credit equivalent amount of the derivative products is computed periodically on the basis of the market value of the product to arrive at its current replacement cost. Thus, the credit equivalent of the off-balance sheet interest rate and exchange rate instruments would be the sum of the following two components: (a) the total 'replacement cost' - obtained by "marking-to-market" of all the contracts with positive value (i.e. when the FI has to receive money from the counterparty); and (b) an amount for 'potential future exposure' - calculated by multiplying the total notional principal amount of the contract by the following credit conversion factors according to the residual maturity of the contract:
Under the current exposure method, the FIs should mark to market the derivative products at least on a monthly basis and they may follow their internal methods for determining the marked-to-market value of the derivative products. However, the FIs would not be required to calculate potential credit exposure for single currency floating / floating interest rate swaps. The credit exposure on these contracts would be evaluated solely on the basis of their mark-to-market value. 4.9.5.2 The FIs are encouraged to follow, with effect from April 1, 2003, the Current Exposure Method, which is an accurate method of measuring credit exposure in a derivative product, for determining individual / group borrower exposures. In case an FI is not in a position to adopt the Current Exposure Method, it may follow the Original Exposure Method. However, its endeavour should be to move over to Current Exposure Method in course of time. Note: Under the extant capital adequacy norms, the credit exposure of the FIs in derivative products also gets reflected in the risk-weighted value of the off-balance sheet items in the CRAR computation, for which the 'original exposure method' has been prescribed under the capital adequacy norms. The FIs are, however, encouraged to adopt, with effect from April 1, 2003, the Current Exposure Method for computation of CRAR also. 4.10 Exposure in respect of bonds guaranteed by Public Financial Institutions (PFIs) 4.10.1 The investments made by the banks in the bonds and debentures of corporates which are guaranteed by a PFI listed in the Annex 2, will be treated as an exposure of the bank on the PFI and not on the corporate. Guarantees issued by a PFI to the bonds of the corporates will be treated as an exposure of the PFI to the corporate whereas the exposure of the bank on the PFI guaranteeing the corporate bond will be to the extent of 100 per cent of the bank’s investment. Initially, such exposures of the PFI to the corporate were required to be reckoned to the extent of 50 per cent of the value of such guarantees, being non-funded exposure, but with effect from April 1, 2003, such exposure are also required to be reckoned at 100 per cent of the value of such guarantees. 4.10.2 The PFIs are also required to take into account the overall exposure of the guaranteed unit to the financial system before guaranteeing the bonds / debentures. 4.11 Treatment of loans granted by the FIs against the guarantee of banks
An annual review of the implementation of exposure management measures should be placed before the Board of Directors before the end of June every year. A copy of the review should be furnished for information to the Chief General Manager, Department of Banking Supervision, Reserve Bank of India, Central Office, World Trade Centre, Cuffe Parade, Colaba, MUMBAI – 400 005. As a prudential measure aimed at better risk management and avoidance of concentration of credit risks, in addition to prudential limits on exposure of the solo entities, the FIs at the group-wide level should also adhere to the following prudential limits, on an ongoing basis from the year beginning April 1, 2003 (July 1, 2003 in case of NHB):
The 'capital funds' of the Group for the purpose of exposure norms would be the same as reckoned for the purpose of group-wide capital adequacy. The measurement of credit exposure at the group level should be done in the same manner as prescribed for the FIs on a solo basis. The FI should make appropriate disclosures in the ‘Notes on account’ to the annual financial statements in respect of the exposures where the FI had exceeded the prudential exposure limits during the year. ANNEX -1 Guidelines on Investments by the select All-India FIs 1.1 Investments covered
primary market (public issue as also private placement) as well as the secondary market, in the following categories: b) debt instruments/ bond issued by Central or State Public Sector Undertakings, with or without government guarantee; c) units of debt-oriented schemes of Mutual Funds i.e., the schemes whose major part the corpus is invested in debt securities; d) Capital gains bonds and the bonds eligible for priority sector status. 1.2. Investments not covered 1.2.1 The guidelines, however, do not apply to the following categories of investments of the FIs:
2 Effective date and transition time While these guidelines would come into force with effect from April 1, 2004, considering the time required by the issuers of debt securities to get their existing unlisted debt issues listed on the stock exchanges, the following transition time is being provided:
3.1 Rated security: A security will be treated as rated if it is subjected to a detailed rating exercise by an external rating agency in India which is registered with SEBI and is carrying a current or valid rating. The rating relied upon will be deemed to be current or valid if: i) The credit rating letter relied upon is not more than one month old on the date of opening of the issue, and ii) The rating rationale from the rating agency is not more than one year old on the date of opening of the issue, and iii) The rating letter and the rating rationale are a part of the offer document. iv) In the case of secondary market acquisition, the credit rating of the issue should be in force and confirmed from the monthly bulletin published by the respective rating agency. 3.2 Unrated security: Securities, which do not have a current or valid rating by an external rating agency, would be deemed as unrated securities. 3.3 Listed debt security: It is a security, which is listed on a stock exchange. If not so listed, it is an ‘unlisted’ debt security. 3.4 Non performing investment (NPI): For the limited purpose of these guidelines, an NPI (similar to a non performing advance (NPA) is one where: i) In respect of fixed / predetermined income securities, interest / principal / fixed dividend on preference shares (including maturity proceeds) is due and remains unpaid for more than 180 days. ii) The equity shares of a company have been valued at Re. 1/- per company, on account of the non-availability of the latest balance sheet (as per the instructions contained in para 26 of the Annexure to circular DBS.FID. No.C-9/01.02.00/ 2000-01 dated November 9, 2000). iii) If any credit facility availed by the issuer of the security is classified as NPA in the books of the FI, investment in any of the securities issued by the same issuer would also be treated as NPI. 4 Regulatory Requirements Internal Assessment and Prudential Limits 4.1 Regulatory requirements 4.1.1 The FIs must not invest in unrated debt securities but only in rated ones, which carry a minimum investment grade rating from a credit rating agency registered with SEBI. 4.1.2 The investment grade rating should have been awarded by an external rating agency, operating in India, as identified by the IBA/ FIMMDA. The list of such agencies would also be reviewed by IBA / FIMMDA at least once a year. 4.1.3 The FIs should not invest in debt securities of original maturity of less than one-year other than Commercial Paper and Certificates of Deposits, which are covered under the RBI guidelines. 4.1.4 The FIs should undertake usual due diligence in respect of investments in debt securities including the securities which do not attract these guidelines. 4.1.5 The FIs should ensure that all fresh investments in debt securities are made only in listed debt securities of companies, which comply with the requirements of the SEBI except to the extent indicated in paragraph 6 below. The unlisted debt securities in which the FIs may invest up to the limits specified in paragraph 6 below, should be rated and disclosure requirements as prescribed by the SEBI for listed companies should be followed by the issuer company.4.2 Internal assessments Since the debt securities are very often a credit substitute, the FIs would be well advised to: (ii) make their own internal credit analysis and assign internal rating even in respect of externally rated issues and not to rely solely on the ratings of external rating agencies; and (iii) strengthen their internal rating systems which should also include building up of a system of regular (quarterly or half-yearly) tracking of the financial position of the issuer with a view to ensuring continuous monitoring of the rating migration of the issuers / issues. 4.3. Prudential limits 4.3.1 The total investment in the unlisted debt securities should not exceed 10 per cent of the FIs’ total investment in debt securities, which fall within the ambit of these guidelines, as on March 31(June 30 in case of NHB), of the previous year. However, the investment in the following instruments will not be reckoned as 'unlisted debt securities' for monitoring compliance with the above prudential limits: (i) Security Receipts (SRs) issued by Securitisation Companies / Reconstruction Companies registered with RBI in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002; and (ii) Asset Backed Securities (ABS) and Mortgage Backed Securities (MBS) which are rated at or above the minimum investment grade. 4.3.2 The FIs which have exposure to investments in debt securities in excess of the prudential limit as on March 31, 2003 (June 30, 2003 in case of NHB) should not make any fresh investment in such securities till they ensure compliance with the above prudential limit. 5 Role of the Boards of Directors – Reporting requirement and Trading and Settlement in debt securities 5.1.1 The FIs should ensure that their investment policies, duly approved by the Board of Directors, are formulated duly taking into account all the relevant aspects specified in these guidelines. The FIs should put in place proper risk management systems for capturing and analysing the risk in respect of investment in debt securities and for taking timely remedial measures. The FIs should also put in place appropriate systems to ensure that investment in privately placed instruments is made in accordance with the systems and procedures prescribed under the FI’s investment policy. 5.1.2 The Board should put in place a monitoring system to ensure that the prudential limits prescribed in paragraphs 6 above are scrupulously complied with, including the system for addressing the breaches, if any, due to rating migration. 5.1.3 Boards of the FIs should review, twice a year, the following aspects of investment in debt securities covered by these guidelines: a) Total turnover (investment and divestment) during the reporting period; b) Compliance with the RBI-mandated prudential limits as also those prescribed by the Board for such investments; c) Rating migration of the issuers / securities held in the books of the FIs and consequent diminution in the portfolio quality; and d) Extent of non-performing investments in the fixed income category. 5.2 Reporting requirements 5.2.1 In order to help in the creation of a central database on private placement of debt, the investing FIs should file a copy of all offer documents with the Credit Information Bureau (India) Ltd. (CIBIL). When the FIs themselves raise debt through private placement, they should also file a copy of the offer document with CIBIL. 5.2.2 Any default relating to payment of interest / repayment of instalment in respect of any privately placed debt should also be reported to CIBIL by the investing FIs along with a copy of the offer document. 5.2.3 The FIs should also report to the RBI such particulars in respect of their investments in unlisted securities as may be prescribed by RBI from time to time. As per the SEBI guidelines, all trades, with the exception of the spot transactions, in a listed debt security, shall be executed only on the trading platform of a stock exchange. In addition to complying with the SEBI guidelines, the FIs should ensure that all spot transactions in listed and unlisted debt securities are reported on the NDS and settled through the Clearing Corporation of India Limited (CCIL) from a date to be notified by RBI. List of Public Financial Institutions
Part A: List of circulars consolidated by the Master Circular
Part B: List of other circulars containing instructions related / relevant to Exposure Norms incorporated in the Master Circular
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