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Clarifications to Queries on Guidelines for Licensing of New Banks in the Private Sector

It is not necessary that individual alongwith his related parties have shareholding in the NOFHC. However, if any individual belonging to the Promoter Group chooses to become a promoter of the NOFHC, he along with his relatives (as defined in Section 6 of the Companies Act 1956) and along with entities in which he and / or his relatives hold not less than 50 per cent of the voting equity shares can hold voting equity shares not exceeding 10 per cent of the total voting equity shares of the NOFHC. [para 2 ( C ) (ii) (a) of the guidelines]
Yes. The ₹2000 banknote will continue to maintain its legal tender status.

Banks in India presently enabled for sending remittances through the UPI-PayNow linkage are:

  • ICICI Bank

  • Indian Bank

  • Indian Overseas Bank

  • State Bank of India

The Scheme has been made applicable to System Participants as defined in Clause 3 (11) of the Scheme.
With CBS in banks, it is felt that time has come to utilize CBS system capabilities to meet requirements like MIS, ADF, etc, in addition to regular transactional activities.

Ans. Individuals can avail of foreign exchange facility for the following purposes within the LRS limit of USD 2,50,000 on financial year basis:

  1. Private visits to any country (except Nepal and Bhutan)

  2. Gift or donation

  3. Going abroad for employment

  4. Emigration

  5. Maintenance of close relatives abroad

  6. Travel for business, or attending a conference or specialised training or for meeting expenses for meeting medical expenses, or check-up abroad, or for accompanying as attendant to a patient going abroad for medical treatment/ check-up

  7. Expenses in connection with medical treatment abroad

  8. Studies abroad

  9. Any other current account transaction which is not covered under the definition of current account in FEMA 1999.

The AD bank may undertake the remittance transaction without RBI’s permission for all residual current account transactions which are not prohibited/ restricted transactions under Schedule I, II or III of FEM (CAT) Rules, 2000, as amended or are defined in FEMA 1999. It is for the AD to satisfy themselves about the genuineness of the transaction, as hitherto.

Ans: Only those LSPs which have an interface with the borrowers would need to appoint a nodal Grievance Redressal Officer. However, it may be reiterated that the RE shall remain responsible for ensuring resolution of complaints arising out of actions of all LSPs engaged by them.

Ans: It is clarified that treatment advised in the relevant clause (revised clause 77A) for investment by a transferor in SRs backed by stressed loans transferred by it are applicable to all SR investments outstanding as on the date of issuance of the MD. However, lenders other than specified at clause 3(a) & (e) shall be guided by the proviso added to the clause 77A.

Ans: Whenever there is a reset of interest rates for an entire class of borrowers in a particular loan category, say home loan, due to increase in the reference benchmark; the RE shall provide the following options to the borrowers:

  1. Either enhancement in EMI or elongation of number of EMIs, keeping the EMI unchanged or a combination of both options;

  2. Switch to fixed interest rate for the remaining portion of the loan; and

  3. To prepay, either in part or in full, at any point during the residual tenor of the loan.

Some of the foreign currency accounts that can be opened by resident individuals with an Authorised Dealer bank in India, along with their features are given below:

Particulars Exchange Earners Foreign Currency (EEFC) Account Resident Foreign Currency (Domestic) [RFC(D)] Account Resident Foreign Currency (RFC) Account
Who can open the account Exchange Earners Individuals Individuals
Joint account

Jointly with eligible persons;

or

With resident relative(s) on former or survivor’ basis.

Relative as defined under Companies Act, 2013 (viz. members of HUF, spouse, parents, step-parents, son, step-son, daughter-in-law, daughter, son-in-law, brother/sister, step-brother/ step-sister)

Relative joint account holder cannot operate the account during the life time of the account holder

Jointly with any person eligible to open the Same as EEFC
Type of Account Current only Current only Current/ savings/ term deposits
Interest Non-interest earning Non-interest earning De-regulated (As decided by the AD bank)
Permitted Credits

1) 100% of foreign exchange received on account of export transactions.

2) advance remittance received by an exporter towards export of goods or services

3) Repayment of loans given to foreign importers

4) Disinvestment proceeds on conversion of ADR/ GDR

5) professional earnings like director’s/ consultancy/ lecture fees, honorarium and similar other earnings received by a professional by rendering services in his individual capacity

6) Interest earned on the funds held in the account

7) Re-credit of unutilised foreign currency earlier withdrawn from the account

8) Payments received in foreign exchange by an Indian startup arising out of sales/ export made by the startup or its overseas subsidiaries

1) Foreign exchange received as payment/ service/ gift/ honorarium while on visit abroad or from a non-resident who is on a visit to India

2) Unspent amount of foreign exchange acquired from AD for travel abroad

3) Gift from close relative

4) Earning through export of goods/ services, royalty

5) Disinvestment proceed on conversion of shares into ADR/ GDR

6) foreign exchange received as earnings of LIC claims/ maturity/ surrendered value settled in forex from an Indian insurance company

1) Foreign exchange received by him as superannuation/ other monetary benefits from overseas employer

2) Foreign exchange realised on conversion of the assets referred to in Sec 6(4) of FEMA

3) Gift/ inheritance received from a person referred to in Sec 6(4) of FEMA

4) Foreign exchange acquired before the July 8, 1947 or any income arising on it held outside India with RBI permission

6) Foreign exchange received as earnings of LIC claims/ maturity/ surrendered value settled in forex from an Indian insurance company

7) Balances in NRE/ FCNR (B) accounts on change in residential status

Permitted Debits

1) Any permissible current or capital account transaction

2) Cost of goods purchased

3) Customs duty

4) Trade related loans and advances

Can be used for any permissible current/ capital account transactions. No restrictions on utilisation in/ outside India.

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