Master Circular - Prudential norms for classification, valuation and operation of investment portfolio by FIs - ஆர்பிஐ - Reserve Bank of India
Master Circular - Prudential norms for classification, valuation and operation of investment portfolio by FIs
RBI/2010-11/59 01 July, 2010 The CEOs of the All-India Term Lending and Refinancing Institutions Dear Sir, Master Circular – Prudential norms for classification, Please refer to Master Circular DBOD.No.FID.FIC.3/ 01.02.00 / 2009-10 dated July 01, 2009 on the captioned subject. The enclosed Master Circular consolidates and updates all the instructions/guidelines on the subject up to June 30, 2010. The Master Circular has also been placed on the web-site of RBI (http://www.rbi.org.in). 2. It may be noted that the instructions contained in circulars listed in the Annex V have been consolidated in this master circular. Yours faithfully, (Vinay Baijal) Encls : As above Master Circular – Prudential Norms For Classification, Purpose To provide a consolidated set of guidelines on Classification, Valuation and Operation of Investment Portfolio to all-India term-lending and refinancing institutions. Previous instructions The list of circulars containing previous instructions on the above subject is given in Annex V. Application To all the all-India Financial Institutions viz. Exim Bank, NABARD, NHB and SIDBI. 1. Introduction 2. Investment Policy 2.1 Objectives of Investments 2.2 Ready Forward Contracts 2.2.1 Eligibility ii) dated securities issued by the State Governments. (i) persons or entities maintaining a Subsidiary General Ledger (SGL) account with the Reserve Bank of India, Mumbai; and (iii) Cooperative banks should not enter into ready forward contracts with the non-banking financial companies. 2.2.3 Other Requirements (b) All ready forward contracts shall be settled through the SGL Account/CSGL Account maintained with the Reserve Bank of India, Mumbai, with the Clearing Corporation of India Ltd. (CCIL) acting as the central counter party for all such Ready Forward transactions. (d) The RBI regulated entities can undertake ready forward transactions only in securities held in excess of the prescribed Statutory Liquidity Ratio (SLR) requirements. (f) Securities purchased under the ready forward contracts shall not be sold during the period of the contract. The following instructions should be followed in conducting the trade in Government securities : 2.3.1 Transactions through SGL account2.3.1.1 For purchase/ sale of securities through SGL A/c under the Delivery Versus Payment (DVP) System wherein the transfer of securities takes place simultaneously with the transfer of funds, it is necessary for both the selling and the buying entities to maintain current account with the RBI. As no overdraft facility in the current account would be extended, adequate balance in current account should be maintained by the FIs for effecting any purchase transaction. The following instructions should be followed by the FIs :
2.3.2.1 With a view to encouraging a wider participation of all classes of investors in the secondary market for government securities, the trading in Government of India dated securities at the stock exchanges though a nation-wide, anonymous, order-driven, screen-based system has been introduced with effect from January 16, 2003. The GoI securities can be traded on the automated systems of the National Stock Exchange (NSE); The Stock Exchange, Mumbai (BSE) and the Over The Counter Exchange of India (OTCEI). This Scheme is in addition to the present Negotiated Dealing System (NDS) of the RBI, which would continue to be in operation as hitherto. 2.3.2.2 In the trading system envisaged under the Scheme, the trades concluded on the exchanges will be cleared by their respective clearing corporations/ clearing houses; hence, the FIs will need to settle the trade either directly with the clearing corporations/ clearing houses (in case they are clearing members) or through a clearing member custodian. The FIs, as institutional investors, would be able to undertake the transactions only on the basis of making / receiving delivery. 2.3.2.3 With a view to facilitating participation of the FIs on the Stock Exchanges within the regulations prescribed by RBI, SEBI and the Exchanges, the FIs have been extended the following facilities: b) Value-free transfer of securities between SGL/CSGL and demat accounts would be enabled by PDO-Mumbai subject to operational guidelines being issued by our Department of Government and Bank Accounts (DGBA) separately. (Value-free transfer refers to the transfer of GOI securities from the SGL / CSGL account to the demat account of the same party - which, therefore, does not require payment of any consideration). 2.3.3 Operational Guidelines2.3.3.1 While the FIs should continue to follow the guidelines, contained in this Master Circular, as amended from time to time, the FIs should ensure compliance with the following guidelines : b) The FIs should put in place enabling IT infrastructure, adequate risk management systems and appropriate internal control systems for the trading / settlement of government securities on stock exchanges. The back office arrangements should ensure that the trading on the NDS/OTC market and on the stock exchanges can be readily tracked for settlement / reconciliation purposes. d) All trades should be settled either directly with clearing corporation / clearing house (in case they are clearing members) or else through clearing member custodians. Brokers / trading members shall not be involved in the settlement process. f) The purchase transactions by the FIs should similarly be subject to availability of clear funds in their settlement accounts at the time of pay-in. 2.3.3.2 Any settlement failure on account of non-delivery of securities/ non-availability of clear funds will be treated as SGL bouncing and the current penalties in respect of SGL bouncing will be applicable. Stock Exchanges will report such failures to the respective Public Debt Offices. 2.3.3.3 The FIs should regularly report to their Audit Committee of the Board, the details of transaction in Government securities, on aggregate basis, undertaken on the Stock Exchanges and particulars of any "closed-out" transactions on the exchanges. 2.3.3.4 In this context, the attention of the FIs is drawn to the Scheme of Non-competitive Bidding available to the retail investors in the primary auctions of Government securities. A copy of the Scheme is furnished at Annex I. The maximum value limit of single non-competitive bid is rupees two crore (face value) in the auctions of the Government of India dated securities. 2.4 Bank Receipts The following instructions should be followed in respect of the use of Bank receipts : (c) The security has been lodged for transfer/interest payment and the FI is holding necessary records of such lodgements and will be in a position to give physical delivery of the security within a short period. (ii) No BR should be issued on the basis of a BR (of another bank/FI) held by the bank and no transaction should take place on the basis of a mere exchange of BRs held by the bank/ FI. (iii) BRs should be issued covering transactions relating to FIs' own Investment Accounts only, and no BR should be issued by FIs, covering transactions relating to either the Accounts of PMS Clients or Other Constituents' Account including brokers. (iv) No BR should remain outstanding for more than 30 days. (v) BRs should be issued on semi-security paper, in the standard format (prescribed by IBA), serially numbered, and signed by two authorised officials of the bank/FI, whose signatures are recorded with other banks. As in the case of SGL forms, there should be a control system in place to account for each BR form. 2.5.1 Coverage c) units of debt-oriented schemes of Mutual Funds i.e., the schemes whose major part the corpus is invested in debt securities; 2.5.1.2 The guidelines, however, do not apply to the following categories of investments of the FIs : c) units of the equity oriented schemes of Mutual Funds, viz., the schemes wherein a major part of their corpus is invested in equity shares; e) Units of venture capital funds and the money market mutual funds ; g) Certificates of Deposits 2.5.2 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: c) With effect from January 1, 2005 only those FIs would be eligible to make fresh investments (up to the prescribed prudential limits) in the unlisted securities covered in these guidelines whose investments in such securities are within the prudential limits prescribed. 2.5.3 Definitions For the purpose of guidelines regarding investment in Non- Government debenture securities the following definitions would apply2.5.3.1 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 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. 2.5.3.2 Unrated security : Securities, which do not have a current or valid rating by an external rating agency, would be deemed as unrated securities. 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. 2.5.4 Regulatory requirements 2.5.4.1 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. 2.5.4.2 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. 2.5.4.3 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. 2.5.4.5 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 2.5.6 below. 2.5.4.6 The unlisted debt securities in which the FIs may invest up to the limits specified in paragraph 2.5.6 below, should be rated and disclosure requirements as prescribed by the SEBI for listed companies should be followed by the issuer company. 2.5.5 Internal assessmentsSince 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 2.5.6. Prudential limits 2.5.6.1 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 : (ii) Asset Backed Securities (ABS) and Mortgage Backed Securities (MBS) which are rated at or above the minimum investment grade. 2.5.6.2 The FIs which have exposure to investments in debt securities in excess of the prudential limit prescribed at para 6.1 above 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. 2.5.6.3 As a matter of prudence, the FIs should stipulate, with the approval of the Board, minimum ratings / quality standards and industry-wise, maturity-wise, duration-wise, issuer-wise, etc., exposure limits, for acquiring exposure in debt securities, which fall within the ambit of these guidelines, to address the concentration risk and the risk of illiquidity. 2.5.7 Role of the Boards of Directors2.5.7.1 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. 2.5.7.2 The Board should put in place a monitoring system to ensure that the prudential limits prescribed in paragraphs 2.5.6 above are scrupulously complied with, including the system for addressing the breaches, if any, due to rating migration. 2.5.7.3 Boards of the FIs should review, twice a year, the following aspects of investment in debt securities covered by these guidelines : c) Rating migration of the issuers / securities held in the books of the FIs and consequent diminution in the portfolio quality; and 2.5.8 Reporting requirements 2.5.8.1 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. 2.5.8.2 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. 2.5.8.3 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. 2.5.9 Disclosures 2.5.10 Trading and settlement in debt securities 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. 2.5.11 Holding of Instruments in Dematerialised Form 3. INTERNAL CONTROL SYSTEM 3.1 Guidelines for Internal Control Systems (c) 'PMS' should be provided by FIs / their subsidiaries to their clients in respect of the latter's long term investable funds for enabling them to build up its portfolio of securities; in any case, the funds should not be accepted for portfolio management for a period less than one year. In the case of placement of funds for portfolio management by the same client on more than one occasion, on a continuous basis, each such placement should be treated as a separate account and each such placement should be for a minimum period of one year. (e) The FI providing PMS to its clients should maintain client-wise account / record of funds accepted and investments made thereagainst, and all credits (including realised interest, dividend, etc.) and debits relating to the portfolio account should be put through such account. The tax deducted at source in respect of interest / dividend on securities held in the portfolio account should be reflected in the portfolio account. The account holder should be entitled to get a statement of his portfolio account. (g) In the FI’s general ledger, a ‘Clients’ Portfolio Account’ should be maintained and all the funds received by it for portfolio management should be reflected in it on day-to-day basis. The FI’s liability to its clients in respect of funds accepted by it for portfolio management should be properly reflected in the published books of accounts of the FI/ its subsidiary. (ii) For every transaction entered into, the trading desk should prepare a deal slip which should contain data relating to nature of the deal, name of the counterparty, whether it is a direct deal or through a broker, and if through a broker, name of the broker, details of security, amount, price, contract date and time. The deal slips should be serially numbered and controlled separately to ensure that each deal slip has been properly accounted for. Once the deal is concluded, the dealer should immediately pass on the deal slip to the back office for recording and processing. For each deal, there must be a system of issue of confirmation to the counterparty. The timely receipt of requisite written confirmation from the counterparty, which must include all essential details of the contract should be monitored by the back office. (iii) Once a deal has been concluded, there should not be any substitution of the counterparty bank/ FI by another bank/ FI by the broker, through whom the deal has been entered into; likewise, the security sold / purchased in the deal should not be substituted by another security. (iv) On the basis of vouchers passed by the back office (which should be done after verification of actual contract notes received from the broker / counterparty and confirmation of the deal by the counterparty) the Accounts Section should independently write the books of accounts. (v) In the case of transactions relating to PMS Client's Account (including brokers) all the relative records should give a clear indication that the transaction belongs to PMS Clients & Other Constituents and does not belong to bank/ FIs' own Investment Account and the FI is acting only in its fiduciary / agency capacity. (vi) Records of SGL transfer forms issued & received, should be maintained. Balances as per FI's books should be reconciled at quarterly intervals with the balances in the books of PDOs. If the number of transactions so warrant, the reconciliation should be undertaken more frequently, say on a monthly basis. The internal audit department shall also periodically check this reconciliation. Any bouncing of SGL transfer forms issued by selling bank/ FIs in favour of the buying bank/ FI, should immediately be brought to the notice of the Department of Banking Operations and Development (DBOD) of the RBI by the buying bank/ FI. Similarly, a record of BRs issued/received should be maintained. A system for verification of the authenticity of the BRs and SGL transfer forms received from other bank/ FIs and confirmation of authorised signatories should be put in place. (vii) Bank/ FIs should put in place a reporting system to report to the top management, on a weekly basis, the details of transactions in securities, details of bouncing of SGL transfer forms issued by other bank/ FIs and BRs outstanding for more than one month, and review of investment transactions undertaken during the period. (viii) It is reiterated that bank/ FIs should not draw cheques on their account with RBI for third party transactions including inter-bank/ FI transactions. For such transactions, bankers' cheques / pay orders should be issued. (ix) The Internal Audit Department should audit the transactions in securities on an ongoing basis and monitor compliance with the laid down management policies and prescribed procedures and report the deficiencies directly to the management of bank/ FIs. 3.2 Dealing through brokers 3.2.1 For engagement of brokers to deal in investment transactions, the FIs should observe the following guidelines : (c) While negotiating the deal, the broker is not obliged to disclose the identity of the counterparty to the deal. On conclusion of the deal, he should disclose the counterparty and his contract note should clearly indicate the name of the counterparty. (e) With the approval of their top managements, FIs should prepare a panel of approved brokers, which should be reviewed annually, or more often if so warranted. Clear-cut criteria should be laid down for empanelment of brokers, including verification of their creditworthiness, market reputation, etc. A record of broker-wise details of deals put through and brokerage paid, should be maintained. Exception : The above norm of 5% would not be applicable to FIs dealings through Primary Dealers. 3.2.2 Inter-bank securities transactions should be undertaken directly between banks / FIs and no FI should engage the services of any broker in such transactions. Exception : Although the Securities Contracts (Regulation) Act, 1956 defines the term `securities' to mean corporate shares, debentures, Govt. securities and rights or interest in securities, for the purpose of the aforesaid exception, the term `securities' would exclude corporate shares. Further, the Provident/ Pension Funds and Trusts registered under the Indian Trusts Act, 1882, will be outside the purview of the expression `non-bank clients' for the purpose of aforesaid exception. 3.3 Audit, review and reporting of investment transactions3.3.1 The FIs should follow the following instructions in regard to audit, review and reporting of investment transactions : c) In view of the possibility of abuse, treasury transactions should be separately subjected to concurrent audit by internal auditors and the results of their audit should be placed before the CMD of the FI once every month. The major irregularities observed in the concurrent audit report of the treasury transactions as also the position of compliance therewith should be incorporated in the half-yearly reviews of the investment portfolio to be submitted to the Regional Offices of the DBS. 3.4 Monitoring of subsidiaries / mutual funds 3.4.2 While the parent FI has to maintain "arms length" distance from its subsidiaries/ mutual fund sponsored by it in regard to business parameters (such as taking undue advantage in borrowing/lending funds/ transferring/selling/buying of securities at rates other than market rates, giving special consideration for securities transactions, overindulgence in supporting/ financing the subsidiary, financing the bank's clients when the bank itself is not able or is not permitted to do so, etc.), it has to ensure that they operate in a healthy manner and in conformity with prudential requirements. The supervision by the parent FI should not, however, result in interference in the day to day management of the affairs of the subsidiary/ mutual fund. With this end in view, FIs should evolve such strategies as may be appropriate in this regard. Some important points in this context are indicated below: (iii) In cases of mutual funds, monitoring should be done keeping in view the guidelines issued by the Securities and exchange Board of India (SEBI) from time-to-time. 3.4.3 In some cases, the companies have been promoted jointly by Fls where each of them holds a substantial equity stake, though the promoted institution is not a subsidiary of any of the promoter financial institutions. In such cases, monitoring of the companies/ institutions should be carried out by a Fl having the majority or the largest stake in the promoted company / institution. In the case of equal shareholding among the promoter FIs, a suitable arrangement for the purpose should be devised amongst the promoter institutions and RBI may be advised of the name of the parent institution/s entrusted with the responsibility of such supervision for our information. Likewise, some companies may have been promoted by some FIs jointly with banks; in these cases also, a suitable arrangement for ensuring broad supervision should be devised by consent amongst all the equity holders, under advice to RBI. 4. CLASSIFICATION OF INVESTMENTS4.1 Three Categories - 4.2 Decision of category at the time of acquisition 4.3 Held to Maturity 4.3.2 The investments included under “Held to Maturity” should not exceed 25 per cent of the total investments. The FIs may include, at their discretion, under Held to Maturity category securities less than 25 per cent of total investment. 4.3.3 Financial Institution's aggregate investment in Tier II bonds issued by other FIs/ banks shall be permitted up to 10 per cent of the total capital of the investing Financial Institution. The total capital for this purpose will be the same as that reckoned for the purpose of capital adequacy. 4.3.3 Computation of the 25% ceiling : c) Other investments (equity shares) in the nature of advance which may be held in the AFS category. 4.3.4 Exclusions from the 25% ceiling A Joint Venture would be an entity in which a FI (along with the holdings, if any, by its subsidiary) holds more than 25% of equity capital pursuant to a Joint Venture agreement duly entered into between / amongst the FI and the joint venture partner(s) for furtherance of a commercial objective. Besides, the companies floated by the FIs and in which the FI (along with the holdings, if any, by its subsidiaries) holds more than 25 per cent of the equity share capital, would also be classified as a Joint Venture. A distinction ought to be made between the transfer of an investment and transmission of an investment to an FI on account of the operation of a statute. Thus, if the shares of a corporate entity were transmitted to an FI on account of operation of a statute, and were not acquired of its own volition, such entities could be treated as a Joint Venture and the shares held therein classified and valued accordingly, as per the extant RBI norms. Only such equity holdings, as also the equity held in subsidiaries, should be placed in the HTM category – and not where a FI, along with its subsidiaries, acquires equity in excess of 25% on account of conversion of loan, venture capital assistance, etc. b) The investments in debentures/ bonds, which are deemed to be in the nature of an advance : The bonds and debentures should be treated in the nature of advance when :
and
and
c) Preference Shares : The preference shares, other than convertible preference shares, on account of their definite maturity period, may be included in the HTM category, regardless of their period of maturity, subject to the following :
All other preference shares, if kept in the HTM category, should be reckoned within the ceiling of 25% for the investments in the HTM category. Such shares should be valued at the acquisition cost unless acquired at a premium, in which case they should be valued at the amortised cost. Any diminution, other than temporary, in value of these shares should be determined and provided for each investment individually and should not be set off against appreciation in other preference shares. Profit on sale of investments in this category should be first taken to the Profit & Loss Account and thereafter be appropriated to the Capital Reserve Account’. Loss on sale will be recognised in the Profit & Loss Account. 4.4 Available for Sale & Held for Trading 4.4.2 The investments classified under Held for Trading category would be those from which the FI expects to make a gain by the movement in the interest rates/ market rates. These securities are to be sold within 90 days. If the FI is not able to sell the security within 90 days due to exceptional circumstances such as tight liquidity conditions, or extreme volatility, or market becoming unidirectional, the security should be shifted to the Available for Sale category. 4.4.3 Profit or loss on sale of investments in both the categories will be taken to the Profit & Loss Account. 4.5 Shifting among categories : 4.5.2 FIs should shift investments from Available for Sale category to Held for Trading category with the approval of their Board of Directors/ ALCO/ Investment Committee. In case of exigencies, such shifting may be done with the approval of the Chief Executive of the FI/ Head of the ALCO, but should be ratified by the Board of Directors/ ALCO. 4.5.3 Shifting of investments from Held for Trading category to Available for Sale category is generally not allowed. However, it will be permitted only under exceptional circumstances as mentioned above subject to depreciation, if any, applicable on the date of transfer, with the approval of the Board of Directors/ ALCO / Investment Committee. 5.1.2 FIs should recognise any diminution, other than temporary, in the value of their investments in subsidiaries/ joint ventures, which are included under Held to Maturity category and provide therefor. Such diminution should be determined and provided for each investment individually. 5.2 Available for Sale 5.2.2 The classifications of investment will be (i) Government securities (ii) Other approved securities (iii) Shares (iv) Debentures & Bonds (v) Subsidiaries / joint ventures (vi) Others (CP, Mutual Fund Units, etc.). 5.2.4 The provisions required to be created on account of depreciation in the Available for Sale category in any year should be debited to the Profit & Loss Account and an equivalent amount (net of tax benefit, if any) or the balance available in the Investment Fluctuation Reserve Account, whichever is less, shall be transferred from the Investment Fluctuation Reserve Account to the Profit & Loss Account. In the event provisions created on account of depreciation in the Available for Sale category are found to be in excess of the required amount in any year, the excess should be credited to the Profit & Loss Account and an equivalent amount (net of taxes, if any) should be appropriated to the Investment Fluctuation Reserve Account to be utilised to meet future depreciation requirement for investments in this category. The amounts debited to the Profit & Loss Account for provision and the amount credited to the Profit & Loss Account for reversal of excess provision should be debited and credited respectively under the head “Expenditure – Provisions & Contingencies”. The amounts appropriated from the Profit & Loss Account and the amount transferred from the Investment Fluctuation Reserve to the Profit & Loss Account should be shown as ‘below the line’ items after determining the profit for the year. 5.3 Held for Trading The individual scrips in the Held for Trading category will be revalued at monthly or at more frequent intervals and the net appreciation/ depreciation under each of the six classifications referred to above will be recognised in the income account. The book value of the individual scrip will change with the revaluation. 5.4 General 5.5 Market value 5.6 Valuation of unquoted securities ii) Treasury Bills should be valued at carrying cost. iii) For the limited purpose of valuation, all special securities issued by the Government of India, directly to the beneficiary entities, which do not carry SLR status, may be valued at a spread of 25 bps above the corresponding yield on Government of India securities. At present, such special securities comprise: Oil Bonds, Fertiliser Bonds, bonds issued to Unit Trust of India, IFCI Ltd., Food Corporation of India, Industrial Investment Bank of India Ltd., the erstwhile Industrial Development Bank of India and the erstwhile Shipping Development Finance Corporation. 5.6.2 State Government Securities 5.6.3 Other 'approved' Securities 5.6.4 Debentures/ Bonds 5.6.5 The mark-up will be graded according to the ratings assigned to the debentures/bonds by the rating agencies subject to the following :- (c) Where interest/ principal on the debenture/bond is in arrears, the provision should be made for the debentures/bonds as in the case of debentures/bonds treated as advances. The depreciation/ provision requirement towards debentures where the interest is in arrears or principal is not paid as per due date, shall not be allowed to be set-off against appreciation against other debentures/ bonds. Where the debenture/bond is quoted and there have been transactions within 15 days prior to the valuation date, the value adopted should not be higher than the rate at which the transaction is recorded on the stock exchange. 5.6.6 Preference Shares The guidelines framed by FIMMDA for valuation of tax-free bonds should be followed for valuation of unquoted tax-free preference shares, other than those kept in the HTM category, as per the following procedure : c) Add the applicable credit spread / risk premium (as per the rating of the preference shares) specified by FIMMDA for that risk category, to the YTM of the GoI security arrived at step (b) above. (i) In case the company issuing unrated preference shares has any other rated instruments which are outstanding, then a rating one full-notch below that rating should be arrived at. (For instance, for a ‘AAA’ rating, only ‘AA’ rating should be reckoned.). In case more than one rated instrument issued by the company is outstanding, then the rating of that instrument which has been assigned the rating most recently, should be reckoned. The risk spread corresponding to such rating, as announced by FIMMDA, would be the spread to be added to the YTM of the GoI security. (ii) In case, no other instrument of the company issuing the preference shares has been rated and is outstanding, then a credit spread not less than the spread applicable to a bond of minimum investment grade, i.e., a ‘BBB’ rated bond, would be the spread to be added to the YTM of the GoI security. f) Where investment in preference shares is as part of rehabilitation, the YTM rate should not be lower than 1.5% above the coupon rate/ YTM for GOI loan of equal maturity. h) When a preference share has been traded on stock exchange within 15 days prior to the valuation date, the value should not be higher than the price at which the share was traded. A.II Preference shares with taxable dividend b) Determine the YTM for GOI security of equal residual maturity and add the applicable credit spread / risk premium ,as per the rating of the preference share by the rating agencies subject to the following : (ii) Where investment in preference shares is as part of rehabilitation, the YTM rate should not be lower than 1.5% above the coupon rate/ YTM for GOI loan of equal maturity. c) Value the preference share as per the following formula : (YTM of the preference share) x 100 subject to following conditions (i) Where preference dividends are in arrears, no credit should be taken for accrued dividends (the period of pendency should be reckoned as per the extant prudential norms) and the value determined on YTM should be discounted by at least 15% if arrears are for one year, and more if arrears are for more than one year. The depreciation/ provision requirement arrived at in the above manner in respect of non-performing shares where dividends are in arrears shall not be allowed to be set-off against appreciation against other preference shares. (ii) When a preference share has been traded on stock exchange within 15 days prior to the valuation date, the value should not be higher than the price at which the share was traded. B. Preference shares in the nature of advance Preference shares in the nature of advance, as defined earlier (Cf. Para 4.3.4 (c) above) should be valued by notionally extending to them the asset-classification of the outstanding loans of the issuing company and provision for depreciation in the value of preference shares made accordingly. In case the said loans are in the standard category, provision as per norms applicable to the standard loan assets would be required for the depreciation in the value of these shares. In case the loans are in the doubtful category, the preference shares held should be treated as an unsecured facility and fully provided for. The preference shares acquired by conversion of loans / debentures in the nature of advance could be viewed as loan equivalent. Such shares would also carry an obligation of dividend payment. Hence, in cases where there was no loan outstanding against a borrower company which had issued the shares, the record of dividend receipt on the preference shares should be looked into to determine the asset classification of the preference shares, as per record of recovery. For the purpose of asset classification, the due date of dividend payment on preference shares should be reckoned as the date of the closing of annual accounts of the company concerned. Accordingly, if the dividend on preference shares is not received within 90 days from the date of closing of annual accounts of the issuing company, the shares should be treated as NPI and provided for accordingly. C. Non project related and redeemable Preference shares 5.6.7 Equity Shares A. Equity Shares in the nature of advance The equity shares in the nature of advance, in cases where no loan against the company issuing the shares was outstanding, should be valued at market price, if listed and quoted, provided the latest market quotation was not more than 30 day-old as on the date of valuation. The market price in such cases should not be based on a solitary or small value transaction but on price observed in a reasonable volume transaction, between two independent parties in an arm's-length relationship. If such shares happen to be "thinly traded shares", they should be valued as per the extant norms. The unquoted equity shares or where current quotations are not available, should be valued at "break up" value (without considering revaluation reserves, if any) derived from the company's latest balance sheet. In case, the latest balance sheet is not available, the shares should be valued at Re. 1/- per company. B. Equity Shares not in the nature of advance In respect of other investments in equity shares valuation should be done as per the market value which would be the market price of the scrip as available from the trades / quotes on the stock exchange. Those scrips for which current quotations are not available or where the shares are not quoted on Stock Exchange, should be valued at break-up value (without considering revaluation reserves, if any) which is to be ascertained from the company's latest balance sheet. In case the latest balance sheet is not available the shares are to be valued at rupee one per company. Definitions : Thinly traded equity shares / equity related securities would be those for which the trading in a month is for less than Rs. 5 lakh or the total trading volume is less than 50,000 shares. Where the stock exchange concerned identifies such securities as per the foregoing criteria and publishes / provides such information for the preceding calendar month along with the daily quotations, such latest quotations should be used for valuation of such shares. In case the equity is listed on a stock exchange, which does not provide such information, the FIs should undertake their own analysis as per above criteria to determine whether the share is a thinly traded one. If so, the latest available quotation should be used for valuation The age of the “latest” balance sheet : (The period of 21 months was introduced as against 12 months in view of certain operational problems pointed out by FIs in case of companies which close their annual accounts on dates other than 31st March.) 5.6.8 Mutual Funds Units 5.6.9 Commercial Paper The amount outstanding converted into other instruments would normally comprise principal and the interest components. If the amount of interest dues is converted into equity or any other instrument, and income is recognised in consequence, full provision should be made for the amount of income so recognised to offset the effect of such income recognition. Such provision would be in addition to the amount of provision that may be necessary for the depreciation in the value of the equity or other instruments, as per the investment valuation norms. However, if the conversion of interest is into equity, which is quoted, interest income can be recognised at market value of equity, as on the date of conversion, not exceeding the amount of interest converted to equity. Such equity must thereafter be classified in the “available for sale” category and valued at lower of cost or market value. In case of conversion of principal and /or interest in respect of NPAs into debentures, such debentures should be treated as NPA, ab initio, in the same asset classification as was applicable to loan just before conversion and provision made as per norms. This norm would also apply to zero coupon bonds or other instruments, which seek to defer the liability of the issuer. On such debentures, income should be recognised only on realisation basis. The income in respect of unrealised interest, which is converted into debentures, or any other fixed maturity instrument should be recognised only on redemption of such instrument. Subject to the above, the equity shares or other instruments arising from conversion of the principal amount of loan would also be subject to the usual prudential valuation norms as applicable to such instruments. 7.1 In June 2003 it was decided to introduce exchange traded Interest Rate Derivatives (IRDs) to enable better risk management in the Indian market. In the first phase, the Securities and Exchange Board of India (SEBI) has decided to introduce anonymous order driven system for trading in Interest Rate Derivatives (IRDs) on the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE). 7.2 With a view to enabling regulated entities to manage their exposure to interest rate risks, it has been decided to allow Scheduled Commercial Banks (SCBs) excluding RRBs & LABs, Primary Dealers (PDs) and specified All India Financial Institutions (AIFIs) to deal in IRDs in a phased manner. In the first phase, such entities can transact only in interest rate futures on notional bonds and T-Bills for the limited purpose of hedging the risk in their underlying investment portfolio. Allowing transactions in a wider range of products, as also market making will be considered in the next stage on the basis of the experience gained. 7.3 While derivatives present immense opportunity for mitigating the market risks inherent in the balance sheet, it can also expose one to substantial losses on account of inadequate understanding of the product, absence of proper monitoring, poor risk control measures, etc. SCBs and AIFIs desirous of transacting in IRDs on the stock exchanges should take specific approval from their respective Boards covering, inter alia, the products that they may transact in, size/composition of the investment portfolio intended to be hedged, organizational set-up to monitor, rebalance, report, account and audit such transactions. Further, it is desirable that derivative desks are created within the treasury and the management level responsibility clearly assigned. 7.4 The following norms will be applicable for transacting IRDs on the Futures and Options (F & O) segment of the stock exchanges : ii) Settlement : C) Broker / trading members of stock exchanges cannot be used for settlement of IRD transactions. iv) Hedge criteria: Interest Rate Derivative transactions undertaken on the exchanges shall be deemed as hedge transactions, if and only if, b) The effectiveness of the hedge can be reliably measured. v) Hedge Effectiveness : The hedge will be deemed to be “highly effective” if at inception and throughout the life of the hedge, changes in the marked to market value of the hedged items with reference to the marked to market value at the time of the hedging are “almost fully offset” by the changes in the marked to market value of the hedging instrument and the actual results are within a range of 80% to 125%. If changes in the marked to market values are outside the 80% -125% range, then the hedge would not be deemed to be highly effective. At present, the investments held in the (a) AFS category are to be marked to market at quarterly or more frequent intervals (b) HFT category are to be marked to market at monthly or more frequent intervals. The hedged portion of the AFS/ HFT portfolio should be notionally marked to market, at least at monthly intervals, for evaluating the efficacy of the hedge transaction. a) If the hedge is “highly effective”, the gain or loss on the hedging instruments and hedged portfolio should be set off and net loss, if any, should be provided for and net gains if any, ignored for the purpose of Profit & Loss Account. d) Any gains realized from closing out / settlement of futures contracts can not be taken to Profit & Loss account but carried forward as "Other Liability" and utilized for meeting depreciation provisions on the investment portfolio. ii) Capital adequacy : The net notional principal amount in respect of futures position with same underlying and settlement dates should be multiplied by the conversion factor given below to arrive at the credit equivalent :
The credit equivalent thus obtained shall be multiplied by the applicable risk weight of 100%. iv) Use of brokers: The existing norm of 5% of total transactions during a year as the aggregate upper contract limit for each of the approved brokers should be observed by SCBs and AIFIs who participate through approved F & O members of the exchanges.
vi) Reporting : Banks and Specified AIFIs should submit a monthly statement to DBS or DBS (FIMD) respectively as per the following format. MONTHLY RETURN ON EXCHANGE TRADED INTEREST RATE FUTURES Name of the Bank/ specified AIFI: ………………………………….. As on last working day of the month: ………………………………….. I. Analysis of outstanding futures position:
II. Activity during the month :
III. Analysis of “highly effective” hedges:
IV. Analysis of not “highly effective” hedges:
8. REPO ACCOUNTING The legal character of repo under the current law, viz. as outright purchase and outright sale transactions will be kept intact by ensuring that the securities sold under repo (the entity selling referred to as “seller”) are excluded from the Investment Account of the seller of securities and the securities bought under reverse repo (the entity buying referred to as “buyer”) are included in the Investment Account of the buyer of securities. Further, the buyer can reckon the approved securities acquired under reverse repo transaction for the purpose of Statutory Liquidity Ratio (SLR) during the period of the repo. At present repo transactions are permitted in Central Government securities including Treasury Bills and dated State Government securities. Since the buyer of the securities will not hold it till maturity, the securities purchased under reverse repo by FIs should not be classified under Held to Maturity category. The first leg of the repo should be contracted at the prevailing market rates. Further, the accrued interest received / paid in a repo / reverse repo transaction and the clean price (i.e. total cash consideration less accrued interest) should be accounted for separately and distinctly. The other accounting principles to be followed while accounting for repos / reverse repos will be as under : In case the interest payment date of the security offered under repo falls within the repo period, the coupons received by the buyer of the security should be passed on to the seller on the date of receipt as the cash consideration payable by the seller in the second leg does not include any intervening cash flows. While the buyer will book the coupon during the period of the repo , the seller will not accrue the coupon during the period of the repo. In the case of discounted instruments like Treasury Bills, since there is no coupon, the seller will continue to accrue the discount at the original discount rate during the period of the repo. The buyer will not therefore accrue the discount during the period of the repo. 8.2 Repo Interest Income/ExpenditureAfter the second leg of the repo / reverse repo transaction is over: (b) the difference between the accrued interest paid between the two legs of the transaction should be shown as Repo Interest Income/ Expenditure account, as the case may be; and (c) the balance outstanding in the Repo interest Income / Expenditure account should be transferred to the Profit and Loss account as an income or an expenditure . As regards repo / reverse repo transactions outstanding on the balance sheet date, only the accrued income / expenditure till the balance sheet date should be taken to the Profit and Loss account. Any repo income / expenditure for the subsequent period in respect of the outstanding transactions should be reckoned for the next accounting period. 8.3 Marking to Market In respect of the repo transactions outstanding as on the balance sheet date (c) The seller will ignore the price difference for the purpose of Profit & Loss account but show the difference under “Other Liabilities” in the balance sheet if the sale price of the security offered under repo is higher than the book value; and (d) Similarly the accrued interest paid / received in the repo / reverse repo transactions outstanding on balance sheet dates should be shown as "Other Assets" or "Other Liabilities" in the balance sheet. 8.4 Book value on re-purchaseThe seller shall debit the repo account with the original book value (as existing in the books on the date of the first leg) on buying back the securities in the second leg. 8.5 DisclosureThe following disclosures should be made by the FIs in the “Notes on Accounts’ to the Balance Sheet :
8.6 Accounting methodology The accounting methodology to be followed, along with illustrations, is given in the Annexes III and IV. While market participants, having different accounting systems, may use accounting heads different from those used in the illustration, there should not be any deviation from the accounting principles enunciated above. Further, to obviate disputes arising out of repo transactions, the participants may consider entering into bilateral Master Repo Agreement as per the documentation finalized by FIMMDA . Part A: List of circulars consolidated by the Master Circular
Part B : List of other circulars containing instructions related/
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