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

A.(8 to 13) The requirement is that the companies in the Promoter Group in which the public hold not less than 51 per cent of the voting equity shares shall hold not less than 51 per cent of the total voting equity shares of the NOFHC.[ para 2 (C) (ii) (b) of the guidelines]

A company in which public holds 51 per cent need not necessarily be listed. For the purpose of these guidelines, ‘public shareholding’ implies that no person along with his relatives (as defined in Section 6 of the Companies Act, 1956) and entities in which he and / or his relatives hold not less than 50 per cent of the voting equity shares, by virtue of his shareholding or otherwise, exercises ‘significant influence’ or ‘control’ (as defined in Accounting Standard 23) over the company.

Every application must be accompanied by the ‘PAN Number’ issued by the Income Tax Department to the investor(s).

Ans. There are no restrictions on the frequency of remittances under LRS. However, the total amount of foreign exchange purchased from or remitted through, all sources in India during a financial year should be within the cumulative limit of USD 2,50,000.

Once a remittance is made for an amount up to USD 2,50,000 during the financial year, a resident individual would not be eligible to make any further remittances under this scheme, even if the proceeds of the investments have been brought back into the country.

Ans: A CP transaction is a transaction that is carried out through physical presence of card at the point of transaction. It is also known as face-to-face or a proximity payment transaction. An example is a transaction carried out at an ATM or a PoS terminal. A CNP transaction does not require the card to be physically presented at the point of transaction. It is also called as a remote transaction. An example is an online transaction or a mobile banking transaction using the card.

Ans:No, details in the "Guarantor Name (wherever applicable)" column should be limited to guarantors who have created a security interest in favor of the RE and whose assets are possessed under the Act.

Ans.: The submission of Annual Return on FLA is mandatory under the Foreign Exchange Management Act (FEMA), 1999 [vide the RBI Circular: A.P. (DIR Series) Circular No. 45 dated March 15, 2011] for all Indian companies which have received foreign direct investment and/or have made direct investment abroad. Entities can submit the annual return on FLA through the online web-based portal having address https://flair.rbi.org.in.

All the steps for online web-based reporting of annual return on FLA, are provided in user manuals. Entity should read the following documents for further guidance:

(a) User manual on “FLA User Registration Form”.

(b) User manual on reporting of “Annual Return on FLA” for all sections for step-by-step procedure for filing the FLA return.

(c) FAQs for FLA.

Presently, only Person to Person (P2P) remittances for the purposes of “Maintenance of Relatives Abroad” & “Gift” are allowed.
Yes, exchange of ₹2000 banknotes can be made through BCs upto a limit of ₹4000/- per day for an account holder.

Ans: The declaration has to be certified by the statutory auditor of the DLG provider.

Ans: The amount of remittance will flow back to the originating bank branch in India through the NEFT system and the bank branch would then communicate to the remitter about return of the remittance. If the remittance was originated by debit to an account, the returned amount will be credited to that account. If the remittance was made by a walk-in customer through a cash deposit, the remitter has to produce evidence of proof of remittance (counterfoil of the remittance application form) for getting refund.

REs can engage with any appropriate and reputed domestic/ international agency for external review of the Financing Framework, Third-party Verification/ Assurance and Impact Assessment of the green activities/ projects.

Answer: Forex cash, tom and spot transactions can be undertaken for the purpose of buying/selling foreign exchange for permitted current/capital account transactions.

Ans: The principle underlying the Digital Lending Guidelines is that a LSP should not be involved in handling of funds flowing from the lender to the borrower or vice versa. While entities offering only PA services shall remain out of the ambit of ‘Guidelines on Digital Lending’, any PA also performing the role of an LSP must comply with the Digital Lending Guidelines.

Ans: Valuation and accounting methodology as given in the answers to above questions.

Ans. No. All requisite approvals should be obtained, and compliances should be completed before seeking compounding of contravention. Compounding can be done only after all the necessary administrative action is complete as mentioned in Paragraph 4.2 of Directions – Compounding of contraventions under FEMA, 1999, Copies of approvals and other compliances should be enclosed along with the application.

Yes, pension paying banks should compensate the pensioner for delay in crediting pension/ arrears thereof at a fixed interest rate of 8 per cent per annum for the delay after the due date of payment. This compensation should be credited to the pensioner's account automatically without any claim from the pensioner on the same day when the bank affords credit for revised pension/ pension arrears, in respect of all delayed pension payments made since October 1, 2008.

Trade transactions with ACU countries are governed by Regulation 3(1)(A) and Regulation 5(1)(A) of Notification FEMA 14 (R), as amended from time to time and are to be settled under ACU mechanism or as defined therein. Therefore, transactions between ACU countries shall be kept distinct and separate and settled as per extant instructions outside the SNRR arrangement.

Answer: Persons resident in Nepal and Bhutan can open Indian rupee accounts with an authorised dealer in India.

Ans: Currently, users and merchants of identified pilot banks and non-banks across the country can use e₹. These customers can download the e₹ app of the bank or non-bank, register themselves, and start using the e₹ wallet to participate in the pilot.

The Contact Center of RBI is a platform where a complainant can reach out to RBI to get information related to AGR mechanism of RBI, procedure of or help in filing complaints and to ascertain the status of the complaint lodged with RBI. The contact center with Interactive Voice Response System (IVRS) with Toll Free #14448 is available 24x7, while the facility to connect to Contact Centre personnel is available from 8:00 AM to 10:00 PM (Monday through Saturday, except National Holidays) for English and Hindi, and ten Regional Languages (Assamese, Bengali, Gujarati, Kannada, Marathi, Malayalam, Odia, Punjabi, Telugu and Tamil).

The instructions issued vide the circular are applicable to all credit facilities except those specifically exempted in the circular.

Ans: The options prescribed vide circular on ‘Reset of Floating Interest Rate on Equated Monthly Instalments (EMI) based Personal Loans’ dated August 18, 2023 shall be allowed for housing loans extended by UCBs, subject to the regulations prescribed vide Master Circular on ‘Housing Finance for UCBs’ dated April 11, 2023 or as amended in the future.

Ans. No. In terms of paragraph 29.8 read with item (vii) of Schedule-I of these Directions, savings bank account cannot be opened in the name of a private entity for implementation of the Government funding schemes.

Ans: Since the access to the submission portal is CIN based, any LLP/proprietorship firm that have computer software exports as on end-March of the financial year needs to obtain a dummy CIN Number by sending a request mail on itesquery@rbi.org.in. Once the firm obtains this dummy CIN number from RBI, it can be used to submit the excel (*.xls) file for ITES survey.

However, if any entity has already got the dummy CIN number from the previous survey round, they should use the same CIN number in the current survey round also.

(It is also informed that these dummy CIN numbers are provided by RBI for filling the ITES survey schedule only and should not be used for any other purpose).

Ans. The cardholder can lodge grievance(s) with his / her card issuer. In case the card issuer does not respond within the stipulated time, or the reply so received is not satisfactory, the cardholder shall have recourse to the Reserve Bank - Integrated Ombudsman Scheme, 2021 (as amended from time to time) for redressal.

ಉತ್ತರ. ಪಿನ್ ಎನ್ನುವುದು ಸಂಖ್ಯಾ ಪಾಸ್ವರ್ಡ್ ಆಗಿದ್ದು ಕಾರ್ಡ್ ಅನ್ನು ನೀಡುವಾಗ ಬ್ಯಾಂಕ್ನಿಂದ ಗ್ರಾಹಕರಿಗೆ ಪ್ರತ್ಯೇಕವಾಗಿ ಮೇಲ್ ಮಾಡಲಾಗಿರುತ್ತದೆ ಅಥವಾ ಹಸ್ತಾಂತರಿಸಲಾಗುತ್ತದೆ. ಹೆಚ್ಚಿನ ಬ್ಯಾಂಕ್ಗಳಲ್ಲಿ ಮೊದಲ ಬಳಕೆಯಲ್ಲಿ ಪಿನ್ ಬದಲಾಯಿಸುವ ಅಗತ್ಯವಿರುತ್ತದೆ. ಗ್ರಾಹಕರು ಬ್ಯಾಂಕ್ ಅಧಿಕಾರಿಗಳನ್ನು ಒಳಗೊಂಡು , ಯಾರಿಗೂ ಪಿನ್ ಅನ್ನು ಬಹಿರಂಗಪಡಿಸಬಾರದು. ಗ್ರಾಹಕರು ನಿಯಮಿತ ಮಧ್ಯಂತರಗಳಲ್ಲಿ ಪಿನ್ ಅನ್ನು ಬದಲಾಯಿಸಬೇಕು.

Answer: No

Ans. Yes. The customer can open an account with a RE by submitting a deemed to be OVD for the purpose of proof of address. However, as mentioned in reply to Q 7 above, he is required to submit OVD with current address within a period of three months.

Response: The designated banks will open a Gold Deposit Account for the MTGD/LTGD corresponding to a deposit receipt issued by CPTC/GMCTA to a depositor on or before March 25, 2025.

In terms of the Master Direction on lending to the MSME sector dated July 24, 2017, a cluster has been defined as identified by the Ministry of MSME, Government of India or the respective State /UT Governments. SLBC/UTLBC Convenor banks shall display the list of these clusters on their portals and update them semi-annually as at end-March and end-September. The updated list of clusters identified by Ministry of MSME may be accessed from Ministry's official website, while information on clusters recognized by State Governments/Union Territories shall be obtained directly from the respective authorities.

The lead banks of districts have been advised to promote 'credit-linkage' in all clusters located within the district. The initiatives under promotion of the credit-linkage, include addressing credit needs of MSE units in the clusters, creating awareness among MSE units through financial literacy initiatives, enabling coverage under skill development initiatives and undertaking proactive measures in underbanked clusters.

The banks have also been advised to ensure that the credit needs of clusters are appropriately included in the exercise of preparation of branch/block level credit plans so that the same can be aggregated by lead banks to form the District Credit Plan (DCP) and subsequently by SLBC /UTLBC Convenor banks to prepare the Annual Credit Plan (ACP).

IoRS allows the testing of financial products or services whose features fall within the remit of more than one financial sector regulator (RBI, SEBI, IRDAI, PFRDA and IFSCA). Some of such innovative solutions include, the areas of RegTech and SupTech, Digital Payment Solutions, Cross-sectoral products for e.g. insurance products linked to banking services InsurTech, WealthTech, Cross-border payment solutions etc.

उत्तर. लघु पीपीआई दो प्रकार के हो सकते हैं:

ए. 10,000/- तक के पीपीआई (नकद लोडिंग की सुविधा के साथ)। इन पीपीआई को 24 महीने के भीतर पूर्ण-केवाईसी पीपीआई में परिवर्तित करना होगा।

बी. 10,000/- तक के पीपीआई (नकद लोडिंग सुविधा के बिना)।

Ans : Yes. In case the information / account particulars contained in the mandate undergo any change, the beneficiary has to notify the changes to the User Institution so that the correct information can be incorporated in its records. This will ensure that transactions do not get rejected at the beneficiary’s bank branch due to inconsistencies/ mismatch in the data sent by the user institution.

Ans : No, The provisions of Non-Banking Financial (Non-deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 or Non-Banking Financial (Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007, as the case may be and as applicable to a loan company shall apply to an NBFC-Factor.

Yes. ATS is also available for all applications / letters, etc. submitted physically at the counters of RBI or received through post/courier, provided a valid email id is given in the document. Receipt of all such applications as also its disposal will be advised to the applicant through email.

Additionally, the status of such applications can also be tracked through the ATS number and the password sent to the valid email id of the applicant.

GAH accesses the trading platform through URL, ‘https://www.ndsind.com’. This is common URL for web based NDS-OM as well as for web based Auction. Users of GAH need to select NDS-OM in the option after logging on to the URL. PM will need to arrange for login/password from the CCIL and Digital Certificates from any Government Recognized Certifying Authority designated by RBI, on behalf of GAH. For added security, the digital certificates need to be installed in an e-token as per specifications approved. Without the digital certificate, e-token and the password, the GAH cannot log in to the NDS OM web based module. The Primary member will be responsible for obtaining/renewal and intimating revocation to RBI/CCIL of the Digital Certificate for such GAH users.

Tripartite Agreement is an agreement between three parties, namely, the Concessionaire (such as the project which is developing the infrastructure), the Project Authority (such as NHAII or a statutory body set up to develop infrastructure) and IDF-NBFC which binds all the parties collectively and provide, for the following :

  1. Take-over of a portion of the debt of the Concessionaire availed from Senior Lenders;

  2. a default by the Concessionaire, shall trigger the process for termination of the agreement between Project Authority and Concessionaire;

  3. the Project Authority shall redeem the bonds issued by the Concessionaire which have been purchased by IDF-NBFC, from out of the termination payment as per the Tripartite Agreement and other Agreements referred to therein (compulsory buyout),

  4. the fee payable by IDF-NBFC to the Project Authority as mutually agreed upon between the two.

For the present, the priority under ADF is to ensure that the banks put in place a system which will ensure quality of data compiled from source systems of banks to be submitted to RBI. After a verifiable system has been put in place by all banks, it will be decided in due course as to what arrangements would be best suited for flow of data from banks.

Ans: Sale from HTM on account of buy-back by the issuers pertaining to specified securities acquired under TLTRO scheme is exempt from the disclosure threshold stipulated in para 2 of RBI Master Circular DBR.No.BP.BC.6/21.04.141/2015-16 dated July 1, 2015.

FAQs pertaining to TLTRO 2.0

Ans: The outbound remittances through NEFT system are permitted only to Nepal under Indo-Nepal Remittance Facility (INRF) Scheme. Under this Scheme, the remitter can transfer funds from any of the NEFT-enabled bank branches in India to Nepal, irrespective of whether the beneficiary in Nepal maintains an account with a bank branch in Nepal or not. The beneficiary would receive funds in Nepalese Rupees. The details of the INRF Scheme are available on the website of RBI at /en/web/rbi/faq-page-2?ddm__keyword__26256231__FaqDetailPage2Title_en_US=Indo-Nepal Remittance Facility scheme.

Ans Each participating bank has to identify a branch at the respective centre to act as the link point for transmitting all outward messages and receiving all inward messages. The Service Branches/Main Branches of banks who have been coordinating the cheque-clearing work are in the best position to discharge this role. So no additional organisational infrastructure is required to be created.
Yes. In case the information / account particulars contained in the mandate undergo any change, the beneficiary has to notify the changes to the User Institution so that the correct information can be incorporated in its records. This will ensure that transactions do not get rejected at the beneficiary’s bank branch due to inconsistencies/ mismatch in the data sent by the user institution.
Your funds from each bank would be insured separately, regardless of the date of closure.
Person going abroad on emigration can draw foreign exchange upto USD100,000 on self- declaration basis from an authorized dealer in India. This amount is only to meet the incidental expenses in the country of emigration. No amount of foreign exchange can be remitted outside India to become eligible or for earning points or credits for immigration. All such remittances require prior permission of the Reserve Bank.

An application from an FFMC/non-bank AD Category-II for renewal of licence shall be made two months before expiry of the licence or such other period as the Reserve Bank may prescribe. Where an application for licence renewal is submitted as above, the licence shall continue in force until the date on which the licence is renewed or the application is rejected, as the case may be. No application from an FFMC/non-bank AD Category-II for renewal of licence shall be made after expiry of the licence.

Ans. Dance troupes, artistes, etc., who wish to undertake cultural tours abroad, should obtain prior approval from the Ministry of Human Resources Development (Department of Education and Culture), Government of India, New Delhi.

Positive Pay System (PPS) for CTS is an additional indicator provided by NPCI to all banks to facilitate the clearing process and pre-empt cheque-related frauds and shall form part of prudent practices followed by banks for payment processing. It has been introduced to augment customer safety in cheque payments and reduce instances of fraud occurring on account of tampering of cheque leaves.

Banks have been advised to enable PPS facility for all account holders issuing cheques for amount of ₹ 50,000 and above. While availing of this facility is at the discretion of the account holder, banks may consider making it mandatory in case of cheques for amounts of ₹ 5,00,000 and above.

One may lodge his/ her complaint at the office of the Banking Ombudsman under whose jurisdiction, the bank branch complained against is situated.

For complaints relating to credit cards and other types of services with centralized operations, complaints may be filed before the Banking Ombudsman within whose territorial jurisdiction the billing address of the customer is located. (Click here for address and area of operation of the Banking Ombudsman)

The minimum amount for bidding will be Rs.10,000 (face value) and in multiples in Rs.10,000.
Banks should pay interest at the originally contracted rate on the deposit amount for the holiday/Sunday/Non-business working day intervening between the date of expiry of the specified term of the deposit and the date of payment of the proceeds of the deposits on the succeeding working day.

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