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Foreign Investment in India

Answer: Form FC-TRS is required to be filed for transfer of capital instruments by way of sale in accordance with FEMA 20(R), from:a person resident outside India holding capital instruments in an Indian company on a repatriable basis to a person resident outside India holding capital instruments on a non-repatriable basis;a person resident outside India holding capital instruments in an Indian company on non-repatriable basis to a person resident outside India holding capital instruments on repatriable basis;a person resident outside India holding capital instruments in an Indian company on repatriable basis to a person resident in India;a person resident in India holding capital instruments in an Indian company to a person resident outside India holding capital instruments on repatriable basis.Sale of capital instruments on a recognized stock exchange by a person resident outside India as prescribed in regulation 10(3) of FEMA 20(R) has to be reported by such person in Form FC-TRS.FC-TRS is not required for:for transfer of shares of an Indian company from a non-resident holding the shares on non-repatriable basis to a resident and vice versa.for transfer of shares from a person resident outside India holding capital instruments in an Indian company on a repatriable basis to a person resident outside India holding capital instruments on a repatriable basisfor transfer of shares by way of gift.The onus of reporting is on the resident (transferor or transferee) or the person resident outside India holding capital instruments on a non-repatriable basis, as the case may be. The form FC-TRS has to be filed with the AD bank within sixty days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier.II. Foreign Portfolio Investment

Retail Direct Scheme

Investment and Account holdings related queries

You can submit only one final bid per security in each primary auction of dated G-Sec, T-Bills and SDLs.

External Commercial Borrowings (ECB) and Trade Credits

I. HEDGING UNDER ECB FRAMEWORK

Yes. The prescription is that of a minimum mandatory hedge.

FAQs on Non-Banking Financial Companies

Credit Rating

The Reserve Bank has stipulated that the Credit Rating should be obtained by the NBFCs once in a year. Normally, the Credit Rrating of a company is valid till it is reviewed by the concerned Rating Agency.

Government Securities Market in India – A Primer

List of Primary Dealers (As on April 01, 2020)

STANDALONE PRIMARY DEALERS BANK PRIMARY DEALERS
ICICI Securities Primary Dealership Limited
ICICI Centre
H.T.Parekh Marg
Churchgate
Mumbai- 400 020
Phone: (022) 22882460/70, 66377421
Bank of America, N.A.
One BKC, ‘A’ Wing
‘G’ Block, Bandra Kurla Complex
Bandra (E), Mumbai – 400 051
Phone: 022-66323111
Morgan Stanley India Primary Dealer Pvt. Ltd.
18F / 19F One Indiabulls Centre
Tower 2, Jupiter Mills Compound
Elphinstone Road
Mumbai - 400013
Phone : (022) 61181000
Fax : (022) 61181011
Bank Of Baroda
Specialised Integrated Treasury
4th & 5th Floor, Baroda Sun Tower,
C-34, G-Block, Bandra Kurla Complex
Bandra East, Mumbai-400 051
Phone:(022) 66363636 / 67592705
Nomura Fixed Income Securities Pvt. Ltd.
Ceejay House, 11th Level
Plot F, Shivsagar Estate
Dr.Annie Besant Road
Worli
Mumbai - 400 018
Phone : (022) 40374037
Fax : (022) 40374111
Canara Bank
Domestic Back Office
Integrated Treasury Wing
VI Floor, Canara Bank Building
C-14, G Block, Bandra Kurla Complex
Bandra East
Mumbai- 400 051
Phone: (022) 26725126, 123
PNB Gilts Ltd.
5, Sansad Marg
New Delhi- 110 001
Phone: Mumbai - (022) 22693315/17
New Delhi - (011) 23325751,22693315/17
Citibank N.A
FIFC, 12th floor,
C-54 and 55,
G block, Bandra Kurla Complex,
Mumbai – 400 051.
Phone:(022) 6175 7187
SBI DFHI Ltd
3rd Floor, Voltas House, 23,
J.N.Heredia Marg, Ballard Estate, Mumbai- 400 001
Phone:(022) 22625970/73, 22610490, 66364696

Union Bank of India
Treasury Branch,
Central Office,
Union Bank Bhavan, 3rd Floor,
239, Vidhan Bhavan Marg,
Nariman Point,
Mumbai 400 021
Ph 022-22892118/22892102

STCI Primary Dealer Limited
Marathon Innova, Marathon Nextgen Compound,
Off Ganpatrao Kadam Marg, Lower Parel(W), Mumbai- 400 013
Phone:(022) 30031100, 66202261/2200
HDFC Bank Ltd.
Treasury Mid Office,
1st Floor,HDFC Bank House
Senapati Bapat Marg, Lower Parel
Mumbai- 400 013
Phone:(022) 24904702/4935/3899, 66521372/9892975232
Goldman Sachs (India) Capital Markets Pvt. Ltd.
951-A, Rational House, Appasaheb Marathe Marg,
Prabhadevi, Mumbai 400 025
Phone : (022) 66169000
Hongkong and Shanghai Banking Corpn. Ltd.(HSBC)
Treasury Services
52/60, Mahatma Gandhi Road
Mumbai- 400 001
Phone:(022) 22681031/34/33,
22623329/22681031/34/38
  J P Morgan Chase Bank N.A, Mumbai Branch
J.P. Morgan Tower
Off C.S.T. Road, Kalina
Santacruz (East)
Mumbai - 400 098
Phone -61573000
Fax- 61573990 & 61573916
  Kotak Mahindra Bank Ltd.
27BKC, 5th Floor
Plot No. C-27, G-Block
Bandra Kurla Complex
Bandra East
Mumbai 400 051.
Phone:(022) 6659 6022/6454, 66596235/6454
  Standard Chartered Bank
Financial Markets
Financial Market Operation
Crescenzo, 5th Floor
Plot no. C-38 & 39, G – Block
Bandra Kurla Complex
Mumbai – 400 051
Phone : (022) 61158893
  Axis Bank Ltd.
Treasury Operations
Corporate Office, 4th Floor, Axis House
Bombay Dyeing Compound
Pandurang Budhkar Marg
Worli, Mumbai - 400 025
Phone- (022) 24254430, 24254434
Fax- (022) 24252400 / 5400
  IDBI Bank Limited
IDBI Tower, Cuffe Parade
Mumbai- 400 005
Phone- (022) 66263351
  Deutsche Bank AG
C-70, G Block, Bandra Kurla Complex
Mumbai-400051
Phone: (022) 71804444
  Yes Bank Limited
Yes Bank Tower, IFC 2, Elphinstone (W),
Senapati Bapat Marg, Mumbai-400013
Phone: (022) 33669000

* Bank PDs are those which take up PD business departmentally as part of the bank itself.

** Stand alone PDs are Non Banking Financial Companies (NBFCs) that exclusively take up PD business.

Update to the list of Primary dealers is available on the RBI website at /en/web/rbi/citizen-corner/primary-dealers

Domestic Deposits

III. Advances

With effect from October 10, 2000, banks have been given freedom to formulate transparent policy for charging penal interest with the approval of their Board of Directors. However, in the case of loans to borrowers under priority sector, no penal interest should be charged for loans up to Rs.25,000. Penal interest may be levied for reasons such as default in repayment, non-submission of financial statements, etc. However, the policy on penal interest should be governed by well-accepted principles of transparency, fairness, incentive to services the debt and genuine difficulties of customers.

Indian Currency

D) Soiled, Mutilated and Imperfect Banknotes

The value of an imperfect note may be paid for full value/half value under rules as specified in Part III of Reserve Bank of India (Note Refund) Rules, 2009 [As amended by Reserve Bank of India (Note Refund) Amendment Rules, 2018] available in our website under www.rbi.org.in → Publications → Occasional.

All you wanted to know about NBFCs

D. Definition of deposits, Eligible / Ineligible Institutions to accept deposits and Related Matters

The term ‘deposit’ is defined under Section 45 I(bb) of the RBI Act, 1934. ‘Deposit’ includes and shall be deemed always to have included any receipt of money by way of deposit or loan or in any other form but does not include:
i. amount raised by way of share capital, or contributed as capital by partners of a firm;
ii. amount received from a scheduled bank, a co-operative bank, a banking company, Development bank, State Financial Corporation, IDBI or any other institution specified by RBI;
iii. amount received in ordinary course of business by way of security deposit, dealership deposit, earnest money, advance against orders for goods, properties or services;
iv. amount received by a registered money lender other than a body corporate;
v. amount received by way of subscriptions in respect of a ‘Chit’.
Para 3(xiii) of the Master Direction – Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 2016 (as amended from time to time) defines a ‘public deposit’ as a ‘deposit’ as defined under Section 45I(BB) of the RBI Act, 1934 and further excludes the following:
a. amount received from the Central/ State Government or any other source where repayment is guaranteed by Central/ State Government or any amount received from local authority or foreign government or any foreign citizen/ authority/ person;
b. any amount received from financial institutions specified by RBI for this purpose;
c. any amount received by a company from any other company;
d. amount received and held pursuant to an offer made in accordance with the provisions of the Companies Act, 2013, towards subscription to any securities, including share application money or advance towards allotment of securities pending allotment, to such extent and for such period as permissible under the Companies (Acceptance of Deposit) Rules, 2014 and as amended from time to time;
e. amount received from directors of a company or from its shareholders by private company or by a private company which has become a public company, provided that the director or shareholder furnishes a declaration in writing that the amount is not given out of funds acquired by borrowing or accepting from others;
f. amount raised by issue of bonds or debentures secured by mortgage of any immovable property or other asset of the company subject to conditions;
fa. any amount raised by issuance of non-convertible debentures with a maturity more than one year and having the minimum subscription per investor at ₹1 crore and above, provided it is in accordance with the guidelines issued by the Bank.
g. the amount brought in by the promoters by way of unsecured loan;
h. amount received from a mutual fund;
i. any amount received as hybrid debt or subordinated debt, the minimum maturity of which is not less than 60 months provided there is no option for recall by the issuer within the period;
j. amount received from a relative of the director of an NBFC;
k. any amount received by issuance of Commercial Paper in accordance with the guidelines issued by the Bank;
l. any amount received by a NBFC-Middle Layer and above, by issuance of ‘perpetual debt instruments’ in accordance with the guidelines issued by the Bank;
m. any amount raised by the issue of infrastructure bonds by an Infrastructure Finance Company as specified in the notification issued by Central Government under Section 80CCF of the Income Tax Act, 1961.
Thus, the directions exclude from the definition of public deposit, amounts raised from certain set of informed lenders who can make independent decision.

Foreign Investment in India

II. Foreign Portfolio Investment

Answer: Foreign Portfolio Investors (FPIs) registered in accordance with the provisions of SEBI (FPI) Regulations and NRIs/ OCIs can make investment on the stock exchanges in India, subject to the individual and aggregate limits prescribed in schedules 2 and 3, respectively of FEMA 20(R).III. Investment in other securities

FAQs on Non-Banking Financial Companies

Credit Rating

A. The Credit Rating is the opinion of the Agency about the company’s ability to service its debt. The company has the discretion to accept the Rating or reject it. There is no appellate authority.

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