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

A. The NOFHC has to be wholly owned by a single Promoter/Promoter Group ( as per the definition given in the Annex I to the guidelines) and the pattern of shareholding would be as per the provisions laid down at para 2 ( C ) ( ii ) & ( iii) of the guidelines. Two or more separate Groups cannot combine together to set up a NOFHC.

In terms of Master circular on Customer Service in Banks dated July 1, 2015 , banks are advised to have a board approved policy providing infrastructure facilities by branches by bestowing particular attention to providing adequate space, proper furniture, drinking water facilities, with specific emphasis on pensioners, senior citizens, disabled persons, etc. Further, Banks are advised to include senior citizens preferably in Branch Level Customer Service Committee.

In terms of Statement on Developmental and Regulatory Policies - October 4, 2017- Banking Facility for Senior Citizens and Differently abled Persons dated November 9, 2017 banks are required to put in place appropriate mechanism with the following specific provisions:

  1. Dedicated Counters/Preference to Senior Citizens, differently abled persons - Banks are advised to provide a clearly identifiable dedicated counter or a counter which provides priority to senior citizens and people who are differently abled including visually impaired persons.

  2. Ease of submitting Life Certificate - banks shall ensure that when a Life Certificate is submitted in any branch, including a non-home branch, of the pension paying bank, the same is updated/ uploaded promptly in CBS by the receiving branch itself, to avoid any delay in credit of pension.

  3. Cheque Book Facility - Banks shall not insist on physical presence of any customer including senior citizens and differently abled persons for getting cheque books.

  4. Automatic conversion of status of accounts - Banks are advised that a fully KYC compliant account should automatically be converted into a ‘Senior Citizen Account’ based on the date of birth available in bank’s records.

  5. Ease of filing Form 15G/H - Banks are advised to provide senior citizens and differently abled persons Form 15G/H once in a year (preferably in April) to enable them to submit the same, where applicable, within the stipulated time.

  6. Door Step Banking - banks are advised to make concerted effort to provide basic banking facilities, such as pick up of cash and instruments against receipt, delivery of cash against withdrawal from account, delivery of demand drafts, submission of Know Your Customer (KYC) documents and Life certificate at the premises/ residence of such customers.

The Scheme does not restrict such transactions, provided the transactions are within the limit of USD 25,000 per calendar year and is otherwise in order.
The total exposure including both fund based and non-fund based, to capital market by a bank in all forms covering direct investment by a bank in equity shares, convertible bonds and debentures and units of equity oriented mutual funds; Advances against shares to individuals for investment in equity shares (including IPOs ), bonds and debentures, units of equity-oriented mutual funds etc and secured and unsecured advances to stockbrokers and guarantees issued on behalf of stockbrokers and market makers should be restricted to 5 % of the outstanding advances as on March 31 of the previous year. (including Commercial Paper). Further, for computing the ceiling on exposure to capital market, direct investment in shares by banks will be calculated at cost price of the shares.
Disinvestment of holding in a JV/WOS abroad requires prior approval of the Reserve Bank of India for which the holder will have to submit an application furnishing the reasons /justifications for such disinvestment along with a Chartered Accountant’s valuation certificate, latest audited financial statements of the JV/WOS, Board Resolution approving the disinvestment and Chartered Accountant’s certificate regarding position of dues of the WOS and total amount to be received by parent company on disinvestment.
ಉತ್ತರ. ಯಾವುದೇ ಇತರ ಪಾವತಿ ಉಪಕರಣವನ್ನು ಬಳಸಿಕೊಂಡು ವಿಫಲವಾದ/ಹಿಂತಿರುಗಿದ /ತಿರಸ್ಕರಿಸಿದ/ರದ್ದಾದ ವಹಿವಾಟುಗಳ ಸಂದರ್ಭದಲ್ಲಿ ಮರುಪಾವತಿಯನ್ನು ಪಿಪಿಐಗೆ ಕ್ರೆಡಿಟ್ ಮಾಡಬಾರದು ಹಾಗೂ ಅದೇ ಪಾವತಿ ಉಪಕರಣಕ್ಕೆ ಮತ್ತೆ ಕ್ರೆಡಿಟ್ ಮಾಡಬೇಕು.
As explained at Question No. 31, with effect from June 1, 1997, there is no TDS upon interest payable on Government Security. However, as per Finance Act, 2007 and Government of India Notification No. F.4(10)-W&M/2003 dated May 31, 2007, tax has to be deducted at source on the interest exceeding Rupees ten thousand payable during a financial year on 8% Savings Bonds, 2003 (Taxable) with effect from June 1, 2007. Accordingly, there is no TDS upon interest payment in respect of Relief/Savings Bonds other than 8% Savings Bonds, 2003 (Taxable).
A. A Group which does not have any company or which will not be able to have a company with public shareholding of not less than 51 per cent cannot apply for banking licence, since at least 51 per cent of the voting equity shares of the NOFHC have to be held by companies in the Promoter Group, in which public hold not less than 51 per cent of the voting equity shares. If the Promoter Group has a company in which public holding is not less than 51 per cent, at least 51 per cent of the voting equity shares of the NOFHC is required to be held by that company. It is not necessary that all Group companies in which public shareholding is not less than 51% should be shareholders of the NOFHC [para 2 (C) (ii)(b) of the guidelines].

Disclaimer - These FAQs are issued by the RBI for information and general guidance purposes only, which cannot be quoted in any legal proceeding and will have no legal purpose. It is not intended to be treated as legal advice or legal opinion. The Reserve Bank will not be held responsible for actions taken and/or decisions made on the basis of the same. For clarifications or interpretations, if any, readers are requested to be guided by the RB-IOS, 2021 and the relevant circulars/ notifications issued from time to time by the Reserve Bank and the Government.

1 Acceptance has to be furnished by the complainant within 30 days of receipt of communication of an Award

Banks including those not having operational presence in India are required to obtain prior approval from Reserve Bank for soliciting deposits for their foreign/overseas branches or for acting as agents for overseas mutual funds or any other foreign financial services company.

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