Master Circular - Prudential Norms on Capital Adequacy - Basel I Framework - RBI - Reserve Bank of India
Master Circular - Prudential Norms on Capital Adequacy - Basel I Framework
RBI/2014-15/76 July 1, 2014 All Local Area Banks Dear Sir, Master Circular - Prudential Norms on Capital Adequacy - Basel I Framework Please refer to the Master Circular No. DBOD.BP.BC.21/21.01.002/2013-14 dated July 1, 2013 consolidating instructions / guidelines issued till June 30, 2013 on matters relating to prudential norms on capital adequacy under Basel I framework. 2. The Master Circular has been suitably updated by incorporating instructions issued up to June 30, 2014 and has also been placed on the RBI web-site (/en/web/rbi). Yours faithfully, (Rajesh Verma)
Master Circular on ‘Prudential Norms on Capital Adequacy- Basel I Framework’ Purpose The Reserve Bank of India decided in April 1992 to introduce a risk asset ratio system for banks (including foreign banks) in India as a capital adequacy measure in line with the Capital Adequacy Norms prescribed by Basel Committee. This circular prescribes the risk weights for the balance sheet assets, non-funded items and other off-balance sheet exposures and the minimum capital funds to be maintained as ratio to the aggregate of the risk weighted assets and other exposures, as also, capital requirements in the trading book, on an ongoing basis. Previous instructions This master circular consolidates and updates the instructions on the above subject contained in the circulars listed in Annex 11. Application To all Local Area Banks. This master circular covers instructions regarding the components of capital and capital charge required to be provided for by the banks for credit and market risks. It deals with providing explicit capital charge for credit and market risk and addresses the issues involved in computing capital charges for interest rate related instruments in the trading book, equities in the trading book and foreign exchange risk (including gold and other precious metals) in both trading and banking books. Trading book for the purpose of these guidelines includes securities included under the Held for Trading category, securities included under the Available For Sale category, open gold position limits, open foreign exchange position limits, trading positions in derivatives, and derivatives entered into for hedging trading book exposures, including Credit Default Swaps (CDS). The basic approach of capital adequacy framework is that a bank should have sufficient capital to provide a stable resource to absorb any losses arising from the risks in its business. Capital is divided into tiers according to the characteristics/qualities of each qualifying instrument. For supervisory purposes capital is split into two categories: Tier I and Tier II. These categories represent different instruments’ quality as capital. Tier I capital consists mainly of share capital and disclosed reserves and it is a bank’s highest quality capital because it is fully available to cover losses. Tier II capital on the other hand consists of certain reserves and certain types of subordinated debt. The loss absorption capacity of Tier II capital is lower than that of Tier I capital. When returns of the investors of the capital issues are counter guaranteed by the bank, such investments will not be considered as Tier I/II regulatory capital for the purpose of capital adequacy. Credit risk is most simply defined as the potential that a bank’s borrower or counterparty may fail to meet its obligations in accordance with agreed terms. It is the possibility of losses associated with diminution in the credit quality of borrowers or counterparties. In a bank’s portfolio, losses stem from outright default due to inability or unwillingness of a customer or a counterparty to meet commitments in relation to lending, trading, settlement and other financial transactions. Alternatively, losses result from reduction in portfolio arising from actual or perceived deterioration in credit quality. For most banks, loans are the largest and the most obvious source of credit risk; however, other sources of credit risk exist throughout the activities of a bank, including in the banking book and in the trading book, and both on and off balance sheet. Banks increasingly face credit risk (or counterparty risk) in various financial instruments other than loans, including acceptances, inter-bank transactions, trade financing, foreign exchange transactions, financial futures, swaps, bonds, equities, options and in guarantees and settlement of transactions. The goal of credit risk management is to maximize a bank’s risk-adjusted rate of return by maintaining credit risk exposure within acceptable parameters. Banks need to manage the credit risk inherent in the entire portfolio, as well as, the risk in the individual credits or transactions. Banks should have a keen awareness of the need to identify measure, monitor and control credit risk, as well as, to determine that they hold adequate capital against these risks and they are adequately compensated for risks incurred. Market risk refers to the risk to a bank resulting from movements in market prices in particular changes in interest rates, foreign exchange rates and equity and commodity prices. In simpler terms, it may be defined as the possibility of loss to a bank caused by changes in the market variables. The Bank for International Settlements (BIS) defines market risk as “the risk that the value of ‘on’ or ‘off’ balance sheet positions will be adversely affected by movements in equity and interest rate markets, currency exchange rates and commodity prices”. Thus, Market Risk is the risk to the bank’s earnings and capital due to changes in the market level of interest rates or prices of securities, foreign exchange and equities, as well as, the volatilities of those changes. Capital funds: The capital funds would include the components Tier I capital and Tier II capital. 2.1.1 Elements of Tier I Capital: The elements of Tier I capital include:
The guidelines covering Perpetual Non-Cumulative Preference Shares (PNCPS) eligible for inclusion as Tier I capital indicating the minimum regulatory requirements are furnished in Annex 1. The guidelines governing the Innovative Perpetual Debt Instruments (IPDI) eligible for inclusion as Tier I capital indicating the minimum regulatory requirements are furnished in Annex 2. Banks may include quarterly / half yearly profits for computation of Tier I capital only if the quarterly / half yearly results are audited by statutory auditors and not when the results are subjected to limited review. 2.1.2 A special dispensation of amortising the expenditure arising out of second pension option and enhancement of gratuity was permitted to Public Sector Banks as also select private sector banks who were parties to the 9th bipartite settlement with Indian Banks Association (IBA). In view of the exceptional nature of the event, the unamortised expenditure pertaining to these items need not be deducted from Tier I capital. 2.1.3 Elements of Tier II Capital: The elements of Tier II capital include undisclosed reserves, revaluation reserves, general provisions and loss reserves, hybrid capital instruments, subordinated debt and investment reserve account. (a) Undisclosed Reserves They can be included in capital, if they represent accumulations of post-tax profits and are not encumbered by any known liability and should not be routinely used for absorbing normal loss or operating losses. (b) Revaluation Reserves It would be prudent to consider revaluation reserves at a discount of 55 per cent while determining their value for inclusion in Tier II capital. Such reserves will have to be reflected on the face of the Balance Sheet as revaluation reserves. (c) General Provisions and Loss Reserves Such reserves can be included in Tier II capital if they are not attributable to the actual diminution in value or identifiable potential loss in any specific asset and are available to meet unexpected losses. Adequate care must be taken to see that sufficient provisions have been made to meet all known losses and foreseeable potential losses before considering general provisions and loss reserves to be part of Tier II capital. General provisions/loss reserves will be admitted up to a maximum of 1.25 percent of total risk weighted assets. 'Floating Provisions' held by the banks, which is general in nature and not made against any identified assets, may be treated as a part of Tier II capital within the overall ceiling of 1.25 percent of total risk weighted assets. Excess provisions which arise on sale of NPAs would be eligible Tier II capital subject to the overall ceiling of 1.25% of total Risk Weighted Assets. (d) Hybrid Debt Capital Instruments Those instruments which have close similarities to equity, in particular when they are able to support losses on an ongoing basis without triggering liquidation, may be included in Tier II capital. At present the following instruments have been recognized and placed under this category:
The guidelines governing the instruments at (i) and (ii) above, indicating the minimum regulatory requirements are furnished in Annex 3 and Annex 4 respectively. (e) Subordinated Debt Banks can raise, with the approval of their Boards, rupee-subordinated debt as Tier II capital, subject to the terms and conditions given in the Annex 5. (f) Investment Reserve Account In the event of provisions created on account of depreciation in the ‘Available for Sale’ or ‘Held for Trading’ categories being 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 and net of transfer to Statutory Reserves as applicable to such excess provision) should be appropriated to an Investment Reserve Account in Schedule 2 –“Reserves & Surplus” under the head “Revenue and other Reserves” in the Balance Sheet and would be eligible for inclusion under Tier II capital within the overall ceiling of 1.25 per cent of total risk weighted assets prescribed for General Provisions/ Loss Reserves. (g) Banks are allowed to include the ‘General Provisions on Standard Assets’ and ‘provisions held for country exposures’ in Tier II capital. However, the provisions on ‘standard assets’ together with other ‘general provisions/ loss reserves’ and ‘provisions held for country exposures’ will be admitted as Tier II capital up to a maximum of 1.25 per cent of the total risk-weighted assets. 2.1.4 Step-up option – Transitional Arrangements In terms of the document titled ‘Basel III - A global regulatory framework for more resilient banks and banking systems’, released by the Basel Committee on Banking Supervision (BCBS) in December 2010, regulatory capital instrument should not have step-up or other incentives to redeem. However, the BCBS has proposed certain transitional arrangements, in terms of which only those instruments having such features which were issued before September 12, 2010 will continue to be recognized as eligible capital instruments under Basel III which becomes operational beginning January 01, 2013 in a phased manner. Hence, banks should not issue Tier I or Tier II capital instruments with ‘step-up option’, so that these instruments continue to remain eligible for inclusion in the new definition of regulatory capital. 2.1.5 Deductions from computation of Capital funds: 2.1.5.1 Deductions from Tier I Capital: The following deductions should be made from Tier I capital:
2.1.5.2 Deductions from Tier I and Tier II Capital (a) Equity/non-equity investments in subsidiaries The investments of a bank in the equity as well as non-equity capital instruments issued by a subsidiary, which are reckoned towards its regulatory capital as per norms prescribed by the respective regulator, should be deducted at 50 per cent each, from Tier I and Tier II capital of the parent bank, while assessing the capital adequacy of the bank on 'solo' basis, under the Basel I Framework. (b) Credit Enhancements pertaining to Securitization of Standard Assets (i) Treatment of First Loss Facility The first loss credit enhancement provided by the originator shall be reduced from capital funds and the deduction shall be capped at the amount of capital that the bank would have been required to hold for the full value of the assets, had they not been securitised. The deduction shall be made at 50 per cent from Tier I and 50 per cent from Tier II capital. (ii) Treatment of Second Loss Facility The second loss credit enhancement provided by the originator shall be reduced from capital funds to the full extent. The deduction shall be made 50 per cent from Tier I and 50 per cent from Tier II capital. (iii) Treatment of credit enhancements provided by third party In case, the bank is acting as a third party service provider, the first loss credit enhancement provided by it shall be reduced from capital to the full extent as indicated at para (i) above; (iv) Underwriting by an originator Securities issued by the SPVs and devolved / held by the banks in excess of 10 per cent of the original amount of issue, including secondary market purchases, shall be deducted 50 per cent from Tier I capital and 50 per cent from Tier II capital; (v) Underwriting by third party service providers If the bank has underwritten securities issued by SPVs devolved and held by banks which are below investment grade the same will be deducted from capital at 50 per cent from Tier I and 50 per cent from Tier II. 2.1.6 Limit for Tier II elements Tier II elements should be limited to a maximum of 100 per cent of total Tier I elements for the purpose of compliance with the norms. 2.1.7 Norms on cross holdings (i) A bank’s / FI’s investments in all types of instruments listed at 2.1.7 (ii) below, which are issued by other banks / FIs and are eligible for capital status for the investee bank / FI, will be limited to 10 per cent of the investing bank's capital funds (Tier I plus Tier II capital). (ii) Banks' / FIs' investment in the following instruments will be included in the prudential limit of 10 per cent referred to at 2.1.7 (i) above.
(iii) Banks / FIs should not acquire any fresh stake in a bank's equity shares, if by such acquisition, the investing bank's / FI's holding exceeds 5 per cent of the investee bank's equity capital. (iv) Banks’ / FIs’ investments in the equity capital of subsidiaries are at present deducted at 50 per cent each, from Tier I and Tier II capital of the parent bank for capital adequacy purposes. Investments in the instruments issued by banks / FIs which are listed at paragraph 2.1.7 (ii) above, which are not deducted from Tier I capital of the investing bank/ FI, will attract 100 per cent risk weight for credit risk for capital adequacy purposes. (v) An indicative list of institutions which may be deemed to be financial institutions for capital adequacy purposes is as under:
Note: The following investments are excluded from the purview of the ceiling of 10 per cent prudential norm prescribed above:
2.1.8 Swap Transactions Banks are advised not to enter into swap transactions involving conversion of fixed rate rupee liabilities in respect of Innovative Tier I/Tier II bonds into floating rate foreign currency liabilities. 2.1.9 Minimum requirement of Capital Funds Banks are required to maintain a minimum CRAR of 9 per cent on an ongoing basis. 2.1.10 Capital Charge for Credit Risk Banks are required to manage the credit risks in their books on an ongoing basis and ensure that the capital requirements for credit risks are being maintained on a continuous basis, i.e. at the close of each business day. The applicable risk weights for calculation of CRAR for credit risk are furnished in Annex 9. 2.2 Capital Charge for Market Risk 2.2.1 As an initial step towards prescribing capital requirement for market risk, banks were advised to:
2.2.2 Subsequently, keeping in view the ability of the banks to identify and measure market risk, it was decided to assign explicit capital charge for market risk. Thus banks are required to maintain capital charge for market risk on securities included in the Held for Trading and Available for Sale categories, open gold position, open forex position, trading positions in derivatives and derivatives entered into for hedging trading book exposures. Consequently, the additional risk weight of 2.5 per cent towards market risk on the investment included under Held for Trading and Available for Sale categories is not required. 2.2.3 To begin with, capital charge for market risks is applicable to banks on a global basis. At a later stage, this would be extended to all groups where the controlling entity is a bank. 2.2.4 Banks are required to manage the market risks in their books on an ongoing basis and ensure that the capital requirements for market risks are being met on a continuous basis, i.e. at the close of each business day. Banks are also required to maintain strict risk management systems to monitor and control intra-day exposures to market risks. 2.2.5. Capital Charge for Interest Rate Risk: The capital charge for interest rate related instruments and equities would apply to current market value of these items in bank’s trading book. The current market value will be determined as per extant RBI guidelines on valuation of investments. The minimum capital requirement is expressed in terms of two separate capital charges i.e. Specific risk charge for each security both for short and long positions and General market risk charge towards interest rate risk in the portfolio where long and short positions in different securities or instruments can be offset. In India short position is not allowed except in case of derivatives and Central Government Securities. The banks have to provide the capital charge for interest rate risk in the trading book other than derivatives as per the guidelines given below for both specific risk and general risk after measuring the risk of holding or taking positions in debt securities and other interest rate related instruments in the trading book. 2.2.5.1 Specific Risk: This refers to risk of loss caused by an adverse price movement of a security principally due to factors related to the issuer. The specific risk charge is designed to protect against an adverse movement in the price of an individual security owing to factors related to the individual issuer. The specific risk charge is graduated for various exposures under three heads, i.e. claims on Government, claims on banks, claims on others and is given in Annex 7. 2.2.5.2 General Market Risk: The capital requirements for general market risk are designed to capture the risk of loss arising from changes in market interest rates. The capital charge is the sum of four components:
2.2.5.3 Computation of Capital Charge for Market Risk: The Basel Committee has suggested two broad methodologies for computation of capital charge for market risks i.e. the Standardised method and the banks’ Internal Risk Management models (IRM) method. It has been decided that, to start with, banks may adopt the standardised method. Under the standardised method there are two principal methods of measuring market risk, a “maturity” method and a “duration” method. As “duration” method is a more accurate method of measuring interest rate risk, it has been decided to adopt Standardised Duration method to arrive at the capital charge. Accordingly, banks are required to measure the general market risk charge by calculating the price sensitivity (modified duration) of each position separately. Under this method, the mechanics are as follows:
2.2.5.4 Capital Charge for Interest Rate Derivatives: The measurement of capital charge for market risks should include all interest rate derivatives and off-balance sheet instruments in the trading book and derivatives entered into for hedging trading book exposures which would react to changes in the interest rates, like FRAs, interest rate positions, etc. The details of measurement of capital charge for interest rate derivatives and options are furnished below. 2.2.5.5 Measurement system in respect of Interest Rate Derivatives and Options 2.2.5.5.1 Interest Rate Derivatives The measurement system should include all interest rate derivatives and off-balance sheet instruments in the trading book, which react to changes in interest rates, (e.g. forward rate agreements (FRAs), other forward contracts, bond futures, interest rate and cross-currency swaps and forward foreign exchange positions). Options can be treated in a variety of ways as described at para 2.2.5.5.2 below. A summary of the rules for dealing with interest rate derivatives is set out at the end of this section. 2.2.5.5.1.1 Calculation of positions The derivatives should be converted into positions in the relevant underlying and be subjected to specific and general market risk charges as described in the guidelines. In order to calculate the capital charge, the amounts reported should be the market value of the principal amount of the underlying or of the notional underlying. For instruments where the apparent notional amount differs from the effective notional amount, banks must use the effective notional amount.
2.2.5.5.1.2 Calculation of Capital Charges for Derivatives under the Standardised Methodology: i. Allowable offsetting of matched positions Banks may exclude the following from the interest rate maturity framework altogether (for both specific and general market risk);
When the future or the forward comprises a range of deliverable instruments, offsetting of positions in the future or forward contract and its underlying is only permissible in cases where there is a readily identifiable underlying security which is most profitable for the trader with a short position to deliver. The price of this security, sometimes called the "cheapest-to-deliver", and the price of the future or forward contract should in such cases move in close alignment. No offsetting will be allowed between positions in different currencies; the separate legs of cross-currency swaps or forward foreign exchange deals are to be treated as notional positions in the relevant instruments and included in the appropriate calculation for each currency. In addition, opposite positions in the same category of instruments can in certain circumstances be regarded as matched and allowed to offset fully. To qualify for this treatment the positions must relate to the same underlying instruments, be of the same nominal value and be denominated in the same currency. In addition:
Banks with large swap books may use alternative formulae for these swaps to calculate the positions to be included in the duration ladder. The method would be to calculate the sensitivity of the net present value implied by the change in yield used in the duration method and allocate these sensitivities into the time-bands set out in Annex 7. ii. Specific Risk Interest rate and currency swaps, FRAs, forward foreign exchange contracts and interest rate futures will not be subject to a specific risk charge. This exemption also applies to futures on an interest rate index (e.g. LIBOR). However, in the case of futures contracts where the underlying is a debt security, or an index representing a basket of debt securities, a specific risk charge will apply according to the credit risk of the issuer as set out in paragraphs above. iii. General Market Risk General market risk applies to positions in all derivative products in the same manner as for cash positions, subject only to an exemption for fully or very closely matched positions in identical instruments as defined in paragraphs above. The various categories of instruments should be slotted into the maturity ladder and treated according to the rules identified earlier.
2.2.5.5.2 Treatment of Options In recognition of the wide diversity of banks’ activities in options and the difficulties of measuring price risk for options, alternative approaches are permissible as under:
a) Simplified Approach In the simplified approach, the positions for the options and the associated underlying, cash or forward, are not subject to the standardised methodology but rather are carved- out and subject to separately calculated capital charges that incorporate both general market risk and specific risk. The risk numbers thus generated are then added to the capital charges for the relevant category, i.e. interest rate related instruments, equities, and foreign exchange as described in Sections 2.2.5 to 2.2.7 of this circular. Banks which handle a limited range of purchased options only will be free to use the simplified approach set out in Table 1, below for particular trades. As an example of how the calculation would work, if a holder of 100 shares currently valued at `10 each holds an equivalent put option with a strike price of ` 11, the capital charge would be: `1,000 x 18% (i.e. 9% specific plus 9% general market risk) = `180, less the amount the option is in the money (` 11 – `10) x 100 = `100, i.e. the capital charge would be `80. A similar methodology applies for options whose underlying is a foreign currency or an interest rate related instrument.
b) Intermediate approaches i. Delta-plus Method The delta-plus method uses the sensitivity parameters or "Greek letters" associated with options to measure their market risk and capital requirements. Under this method, the delta-equivalent position of each option becomes part of the standardised methodology set out in Sections 2.2.5 to 2.2.7 with the delta-equivalent amount subject to the applicable general market risk charges. Separate capital charges are then applied to the gamma and vega risks of the option positions. Banks which write options will be allowed to include delta-weighted options positions within the standardised methodology set out in Sections 2.2.5 to 2.2.7. Such options should be reported as a position equal to the market value of the underlying multiplied by the delta. However, since delta does not sufficiently cover the risks associated with options positions, banks will also be required to measure gamma (which measures the rate of change of delta) and vega (which measures the sensitivity of the value of an option with respect to a change in volatility) sensitivities in order to calculate the total capital charge. These sensitivities will be calculated according to an approved exchange model or to the bank’s proprietary options pricing model subject to oversight by the Reserve Bank of India6. Delta-weighted positions with debt securities or interest rates as the underlying will be slotted into the interest rate time-bands, as set out in Table at Annex 7 under the following procedure. A two-legged approach should be used as for other derivatives, requiring one entry at the time the underlying contract takes effect and a second at the time the underlying contract matures. For instance, a bought call option on a June three- month interest-rate future will in April be considered, on the basis of its delta-equivalent value, to be a long position with a maturity of five months and a short position with a maturity of two months7. The written option will be similarly slotted as a long position with a maturity of two months and a short position with a maturity of five months. Floating rate instruments with caps or floors will be treated as a combination of floating rate securities and a series of European-style options. For example, the holder of a three-year floating rate bond indexed to six month LIBOR with a cap of 15% will treat it as:
The capital charge for options with equities as the underlying will also be based on the delta-weighted positions which will be incorporated in the measure of market risk described in Section 2.2.5. For purposes of this calculation each national market is to be treated as a separate underlying. The capital charge for options on foreign exchange and gold positions will be based on the method set out in Section 2.2.7. For delta risk, the net delta-based equivalent of the foreign currency and gold options will be incorporated into the measurement of the exposure for the respective currency (or gold) position. In addition to the above capital charges arising from delta risk, there will be further capital charges for gamma and for vega risk. Banks using the delta-plus method will be required to calculate the gamma and vega for each option position (including hedge positions) separately. The capital charges should be calculated in the following way: a) for each individual option a "gamma impact" should be calculated according to a Taylor series expansion as : Gamma impact = 1/2 x Gamma x VU2 (b) VU will be calculated as follows:
(c) For the purpose of this calculation the following positions should be treated as the same underlying:
(d) Each option on the same underlying will have a gamma impact that is either positive or negative. These individual gamma impacts will be summed, resulting in a net gamma impact for each underlying that is either positive or negative. Only those net gamma impacts that are negative will be included in the capital calculation. (e) The total gamma capital charge will be the sum of the absolute value of the net negative gamma impacts as calculated above. (f) For volatility risk, banks will be required to calculate the capital charges by multiplying the sum of the vegas for all options on the same underlying, as defined above, by a proportional shift in volatility of ±25%. (g) The total capital charge for vega risk will be the sum of the absolute value of the individual capital charges that have been calculated for vega risk. ii Scenario Approach The scenario approach uses simulation techniques to calculate changes in the value of an options portfolio for changes in the level and volatility of its associated underlying. Under this approach, the general market risk charge is determined by the scenario "grid" (i.e. the specified combination of underlying and volatility changes) that produces the largest loss. For the delta-plus method and the scenario approach the specific risk capital charges are determined separately by multiplying the delta-equivalent of each option by the specific risk weights set out in Section 2.2.5 and Section 2.2.6. More sophisticated banks will also have the right to base the market risk capital charge for options portfolios and associated hedging positions on scenario matrix analysis. This will be accomplished by specifying a fixed range of changes in the option portfolio’s risk factors and calculating changes in the value of the option portfolio at various points along this "grid". For the purpose of calculating the capital charge, the bank will revalue the option portfolio using matrices for simultaneous changes in the option’s underlying rate or price and in the volatility of that rate or price. A different matrix will be set up for each individual underlying as defined in the preceding paragraph. As an alternative, at the discretion of each national authority, banks which are significant traders in options for interest rate options will be permitted to base the calculation on a minimum of six sets of time-bands. When using this method, not more than three of the time-bands as defined in Section 2.2.5 should be combined into any one set. The options and related hedging positions will be evaluated over a specified range above and below the current value of the underlying. The range for interest rates is consistent with the assumed changes in yield in Annex 7. Those banks using the alternative method for interest rate options set out in the preceding paragraph should use, for each set of time-bands, the highest of the assumed changes in yield applicable to the group to which the time-bands belong.12 The other ranges are ±9 % for equities and ±9 % for foreign exchange and gold. For all risk categories, at least seven observations (including the current observation) should be used to divide the range into equally spaced intervals. The second dimension of the matrix entails a change in the volatility of the underlying rate or price. A single change in the volatility of the underlying rate or price equal to a shift in volatility of + 25% and - 25% is expected to be sufficient in most cases. As circumstances warrant, however, the Reserve Bank may choose to require that a different change in volatility be used and / or that intermediate points on the grid be calculated. After calculating the matrix, each cell contains the net profit or loss of the option and the underlying hedge instrument. The capital charge for each underlying will then be calculated as the largest loss contained in the matrix. In drawing up these intermediate approaches it has been sought to cover the major risks associated with options. In doing so, it is conscious that so far as specific risk is concerned, only the delta-related elements are captured; to capture other risks would necessitate a much more complex regime. On the other hand, in other areas the simplifying assumptions used have resulted in a relatively conservative treatment of certain options positions. Besides the options risks mentioned above, the RBI is conscious of the other risks also associated with options, e.g. rho (rate of change of the value of the option with respect to the interest rate) and theta (rate of change of the value of the option with respect to time). While not proposing a measurement system for those risks at present, it expects banks undertaking significant options business at the very least to monitor such risks closely. Additionally, banks will be permitted to incorporate rho into their capital calculations for interest rate risk, if they wish to do so. 2.2.6 Measurement of Capital Charge for Equity Risk Minimum capital requirement to cover the risk of holding or taking positions in equities in the trading book is set out below. This is applied to all instruments that exhibit market behaviour similar to equities but not to non-convertible preference shares (which are covered by the interest rate risk requirements described earlier). The instruments covered include equity shares, whether voting or non-voting, convertible securities that behave like equities, for example: units of mutual funds, and commitments to buy or sell equity. Capital charge for specific risk (akin to credit risk) will be 11.25% and specific risk is computed on the banks’ gross equity positions (i.e. the sum of all long equity positions and of all short equity positions – short equity position is, however, not allowed for banks in India). The general market risk charge will also be 9% on the gross equity positions. Investments in shares and /units of VCFs may be assigned 150% risk weight for measuring the credit risk during first three years when these are held under HTM category. When these are held under or transferred to AFS, the capital charge for specific risk component of the market risk as required in terms of the present guidelines on computation of capital charge for market risk, may be fixed at 13.5% to reflect the risk weight of 150%. The charge for general market risk component would be at 9% as in the case of other equities. 2.2.7 Measurement of Capital Charge for foreign exchange and gold open positions Foreign exchange open positions and gold open positions are at present risk weighted at 100%. Thus, capital charge for foreign exchange and gold open position is 9% at present. These open positions, limits or actual whichever is higher, would continue to attract capital charge at 9%. This is in line with the Basel Committee requirement. 2.3 Capital Charge for Credit Default Swaps (CDS) 2.3.1 Capital Adequacy Requirement for CDS Positions in the Banking Book 2.3.1.1 Recognition of External / Third-party CDS Hedges 2.3.1.1.1 In case of Banking Book positions hedged by bought CDS positions, no exposure will be reckoned against the reference entity / underlying asset in respect of the hedged exposure, and exposure will be deemed to have been substituted by the protection seller, if the following conditions are satisfied: (a) Operational requirements mentioned in paragraph 4 of the Prudential Guidelines on CDS are met; (b) The risk weight applicable to the protection seller under the Basel II Standardised Approach for credit risk is lower than that of the underlying asset; and (c) There is no maturity mismatch between the underlying asset and the reference / deliverable obligation. If this condition is not satisfied, then the amount of credit protection to be recognised should be computed as indicated in paragraph 2.3.1.1.3(ii) below. 2.3.1.1.2 If the conditions (a) and (b) above are not satisfied or the bank breaches any of these conditions subsequently, the bank shall reckon the exposure on the underlying asset; and the CDS position will be transferred to Trading Book where it will be subject to specific risk, counterparty credit risk and general market risk (wherever applicable) capital requirements as applicable to Trading Book. 2.3.1.1.3 The unprotected portion of the underlying exposure should be risk-weighted as applicable under Basel II framework. The amount of credit protection shall be adjusted if there are any mismatches between the underlying asset/ obligation and the reference / deliverable asset / obligation with regard to asset or maturity. These are dealt with in detail in the following paragraphs. (i) Asset Mismatches Asset mismatch will arise if the underlying asset is different from the reference asset or deliverable obligation. Protection will be reckoned as available by the protection buyer only if the mismatched assets meet the requirements specified in paragraph 4(k) of the Prudential Guidelines on CDS. (ii) Maturity Mismatches The protection buyer would be eligible to reckon the amount of protection if the maturity of the credit derivative contract were to be equal or more than the maturity of the underlying asset. If, however, the maturity of the CDS contract is less than the maturity of the underlying asset, then it would be construed as a maturity mismatch. In case of maturity mismatch the amount of protection will be determined in the following manner: a. If the residual maturity of the credit derivative product is less than three months no protection will be recognized. b. If the residual maturity of the credit derivative contract is three months or more protection proportional to the period for which it is available will be recognised. When there is a maturity mismatch the following adjustment will be applied. Pa = P x (t - 0.25) ÷ (T - 0.25) Where: Example: Suppose the underlying asset is a corporate bond of Face Value of `100 where the residual maturity is of 5 years and the residual maturity of the CDS is 4 years. The amount of credit protection is computed as under : 100 * {(4 - 0.25) ÷ (5 - 0.25)} = 100*(3.75÷ 4.75) = 78.95 c. Once the residual maturity of the CDS contract reaches three months, protection ceases to be recognised. 2.3.1.2 Internal Hedges Banks can use CDS contracts to hedge against the credit risk in their existing corporate bonds portfolios. A bank can hedge a Banking Book credit risk exposure either by an internal hedge (the protection purchased from the trading desk of the bank and held in the Trading Book) or an external hedge (protection purchased from an eligible third party protection provider). When a bank hedges a Banking Book credit risk exposure (corporate bonds) using a CDS booked in its Trading Book (i.e. using an internal hedge), the Banking Book exposure is not deemed to be hedged for capital purposes unless the bank transfers the credit risk from the Trading Book to an eligible third party protection provider through a CDS meeting the requirements of paragraph 2.3.1 vis-à-vis the Banking Book exposure. Where such third party protection is purchased and is recognised as a hedge of a Banking Book exposure for regulatory capital purposes, no capital is required to be maintained on internal and external CDS hedge. In such cases, the external CDS will act as indirect hedge for the Banking Book exposure and the capital adequacy in terms of paragraph 2.3.1, as applicable for external/ third party hedges, will be applicable. 2.3.2 Capital Adequacy for CDS in the Trading Book 2.3.2.1 General Market Risk A credit default swap does not normally create a position for general market risk for either the protection buyer or protection seller. However, the present value of premium payable / receivable is sensitive to changes in the interest rates. In order to measure the interest rate risk in premium receivable / payable, the present value of the premium can be treated as a notional position in Government securities of relevant maturity. These positions will attract appropriate capital charge for general market risk. The protection buyer / seller will treat the present value of the premium payable / receivable equivalent to a short / long notional position in Government securities of relevant maturity. 2.3.2.2 Specific Risk for Exposure to Reference Entity A CDS creates a notional long/short position for specific risk in the reference asset/ obligation for protection seller/protection buyer. For calculating specific risk capital charge, the notional amount of the CDS and its maturity should be used. The specific risk capital charge for CDS positions will be as per Tables below.
2.3.2.2.1 Specific Risk Capital Charges for Positions Hedged by CDS (i) Banks may fully offset the specific risk capital charges when the values of two legs (i.e. long and short in CDS positions) always move in the opposite direction and broadly to the same extent. This would be the case when the two legs consist of completely identical CDS. In these cases, no specific risk capital requirement applies to both sides of the CDS positions. (ii) Banks may offset 80 per cent of the specific risk capital charges when the value of two legs (i.e. long and short) always moves in the opposite direction but not broadly to the same extent. This would be the case when a long cash position is hedged by a credit default swap and there is an exact match in terms of the reference / deliverable obligation, and the maturity of both the reference / deliverable obligation and the CDS. In addition, key features of the CDS (e.g. credit event definitions, settlement mechanisms) should not cause the price movement of the CDS to materially deviate from the price movements of the cash position. To the extent that the transaction transfers risk, an 80% specific risk offset will be applied to the side of the transaction with the higher capital charge, while the specific risk requirement on the other side will be zero. (iii) Banks may offset partially the specific risk capital charges when the value of the two legs (i.e. long and short) usually moves in the opposite direction. This would be the case in the following situations: (a) The position is captured in paragraph 2.3.2.2.1(ii) but there is an asset mismatch between the cash position and the CDS. However, the underlying asset is included in the (reference / deliverable) obligations in the CDS documentation and meets the requirements of paragraph 4(k) of Prudential Guidelines on CDS. (b) The position is captured in paragraph 2.3.2.2.1 (ii) but there is maturity mismatch between credit protection and the underlying asset. However, the underlying asset is included in the (reference / deliverable) obligations in the CDS documentation. (c) In each of the cases in paragraph (a) and (b) above, rather than applying specific risk capital requirements on each side of the transaction (i.e. the credit protection and the underlying asset), only higher of the two capital requirements will apply. 2.3.2.2.2 Specific Risk Charge in CDS Positions which are not meant for Hedging In cases not captured in paragraph 2.3.2.2.1, a specific risk capital charge will be assessed against both sides of the positions. 2.3.3 Capital Charge for Counterparty Credit Risk The credit exposure for the purpose of counterparty credit risk on account of CDS transactions in the Trading Book will be calculated according to the Current Exposure Method under Basel II framework. 2.3.3.1 Protection Seller A protection seller will have exposure to the protection buyer only if the fee / premia are outstanding. In such cases, the counterparty credit risk charge for all single name long CDS positions in the Trading Book will be calculated as the sum of the current marked-to-market value, if positive (zero, if marked-to-market value is negative) and the potential future exposure add-on factors based on table given below. However, the add-on will be capped to the amount of unpaid premia.
2.3.3.2 Protection Buyer A CDS contract creates a counterparty exposure on the protection seller on account of the credit event payment. The counterparty credit risk charge for all short CDS positions in the Trading Book will be calculated as the sum of the current marked-to-market value, if positive (zero, if marked-to-market value is negative) and the potential future exposure add-on factors based on table given below
2.3.3.3 Capital Charge for Counterparty Risk for Collateralised Transactions in CDS As mentioned in paragraph 3.3 of the circular IDMD.PCD.No.5053/14.03.04/2010-11 dated May 23, 2011, collaterals and margins would be maintained by the individual market participants. The counterparty exposure for CDS traded in the OTC market will be calculated as per the Current Exposure Method. Under this method, the calculation of the counterparty credit risk charge for an individual contract, taking into account the collateral, will be as follows: Counterparty risk capital charge = [(RC + add-on) – CA] x r x 9% where: CA = the volatility adjusted amount of eligible collateral under the comprehensive approach prescribed in paragraphs 7.3 "Credit Risk Mitigation Techniques - Collateralised Transactions" of the Master Circular on New Capital Adequacy Framework dated July 2, 2012, or zero if no eligible collateral is applied to the transaction, and r = the risk weight of the counterparty. 2.3.4 Treatment of Exposures below Materiality Thresholds Materiality thresholds on payments below which no payment is made in the event of loss are equivalent to retained first loss positions and should be assigned risk weight of 1111% for capital adequacy purpose by the protection buyer. 2.4 Capital Charge for Subsidiaries 2.4.1 The Basel Committee on Banking Supervision has proposed that the New Capital Adequacy Framework should be extended to include, on a consolidated basis, holding companies that are parents of banking groups. On prudential considerations, it is necessary to adopt best practices in line with international standards, while duly reflecting local conditions. 2.4.2 Accordingly, banks may voluntarily build-in the risk weighted components of their subsidiaries into their own balance sheet on notional basis, at par with the risk weights applicable to the bank's own assets. Banks should earmark additional capital in their books over a period of time so as to obviate the possibility of impairment to their net worth when switchover to unified balance sheet for the group as a whole is adopted after sometime. Thus banks were asked to provide additional capital in their books in phases, beginning from the year ended March 2001. 2.4.3 A consolidated bank defined as a group of entities which include a licensed bank should maintain a minimum Capital to Risk-weighted Assets Ratio (CRAR) as applicable to the parent bank on an ongoing basis. While computing capital funds, parent bank may consider the following points:
2.5 Procedure for computation of CRAR 2.5.1 While calculating the aggregate of funded and non-funded exposure of a borrower for the purpose of assignment of risk weight, banks may ‘net-off’ against the total outstanding exposure of the borrower -
2.5.2 After applying the conversion factor as indicated in Annex 9, the adjusted off Balance Sheet value shall again be multiplied by the risk weight attributable to the relevant counter-party as specified. 2.5.3 Computation of CRAR for Foreign Exchange Contracts and Gold: Foreign exchange contracts include- Cross currency interest rate swaps, Forward foreign exchange contracts, Currency futures, Currency options purchased, and other contracts of a similar nature Foreign exchange contracts with an original maturity of 14 calendar days or less, irrespective of the counterparty, may be assigned "zero" risk weight as per international practice. As in the case of other off-Balance Sheet items, a two stage calculation prescribed below shall be applied: (a) Step 1 - The notional principal amount of each instrument is multiplied by the conversion factor given below:
(b) Step 2 - The adjusted value thus obtained shall be multiplied by the risk weight age allotted to the relevant counter-party as given in Step 2 in section D of Annex 9. 2.5.4 Computation of CRAR for Interest Rate related Contracts: Interest rate contracts include the Single currency interest rate swaps, Basis swaps, Forward rate agreements, Interest rate futures, Interest rate options purchased and other contracts of a similar nature. As in the case of other off-Balance Sheet items, a two stage calculation prescribed below shall be applied: (a) Step 1 - The notional principal amount of each instrument is multiplied by the percentages given below :
(b) Step 2 -The adjusted value thus obtained shall be multiplied by the risk weightage allotted to the relevant counter-party as given in Step 2 in Section I.D. of Annex 9. 2.5.5 Aggregation of Capital Charge for Market Risks The capital charges for specific risk and general market risk are to be computed separately before aggregation. For computing the total capital charge for market risks, the calculations may be plotted in the proforma as depicted in Table 2 below.
2.5.6 Calculation of total risk-weighted assets and capital ratio: Following steps may be followed for calculation of total risk weighted assets and capital ratio: 2.5.6.1 Arrive at the risk weighted assets for credit risk in the banking book and for counterparty credit risk on all OTC derivatives. 2.5.6.2 Convert the capital charge for market risk to notional risk weighted assets by multiplying the capital charge arrived at as above in Proforma by 100 ÷ 9 [the present requirement of CRAR is 9% and hence notional risk weighted assets are arrived at by multiplying the capital charge by (100 ÷ 9)] 2.5.6.3 Add the risk-weighted assets for credit risk as at 2.5.6.1 above and notional risk-weighted assets of trading book as at 2.5.6.2 above to arrive at total risk weighted assets for the bank. 2.5.6.4 Compute capital ratio on the basis of regulatory capital maintained and risk-weighted assets. 2.5.7 Computation of Capital available for Market Risk: Capital required for supporting credit risk should be deducted from total capital funds to arrive at capital available for supporting market risk as illustrated in Table 3 below.
2.5.8 Worked out Examples: Two examples for computing capital charge for market risk and credit risk are given in Annex 10. Guidelines on Perpetual Non-Cumulative Preference Shares (PNCPS) 1. Terms of Issue 1.1. Limits The outstanding amount of Tier I Preference Shares along with Innovative Tier 1 instruments shall not exceed 40 per cent of total Tier I capital at any point of time. The above limit will be based on the amount of Tier I capital after deduction of goodwill and other intangible assets but before the deduction of investments. Tier I Preference Shares issued in excess of the overall ceiling of 40 per cent shall be eligible for inclusion under Upper Tier II capital, subject to limits prescribed for Tier II capital. However, investors' rights and obligations would remain unchanged. 1.2. Amount The amount of PNCPS to be raised may be decided by the Board of Directors of banks. 1.3. Maturity The PNCPS shall be perpetual. 1.4. Options (i) PNCPS shall not be issued with a 'put option' or ‘step up option'. (ii) However, banks may issue the instruments with a call option at a particular date subject to following conditions:
1.5. Dividend The rate of dividend payable to the investors may be either a fixed rate or a floating rate referenced to a market determined rupee interest benchmark rate. 1.6. Payment of Dividend (a) The issuing bank shall pay dividend subject to availability of distributable surplus out of current year's earnings, and if
(b) The dividend shall not be cumulative. i.e., dividend missed in a year will not be paid in future years, even if adequate profit is available and the level of CRAR conforms to the regulatory minimum. When dividend is paid at a rate lesser than the prescribed rate, the unpaid amount will not be paid in future years, even if adequate profit is available and the level of CRAR conforms to the regulatory minimum. (c) All instances of non-payment of dividend/payment of dividend at a lesser rate than prescribed in consequence of conditions as at (a) above should be reported by the issuing banks to the Chief General Managers-in-Charge of Department of Banking Operations & Development and Department of Banking Supervision, Central Office of the Reserve Bank of India, Mumbai. 1.7 Seniority of Claim The claims of the investors in PNCPS shall be senior to the claims of investors in equity shares and subordinated to the claims of all other creditors and the depositors. 1.8 Other Conditions (a) PNCPS should be fully paid-up, unsecured, and free of any restrictive clauses. (b) Investment by FIIs and NRIs shall be within an overall limit of 49 per cent and 24 per cent of the issue respectively, subject to the investment by each FII not exceeding 10 per cent of the issue and investment by each NRI not exceeding 5 per cent of the issue. Investment by FIIs in these instruments shall be outside the ECB limit for rupee denominated corporate debt as fixed by Government of India from time to time. The overall non-resident holding of Preference Shares and equity shares in public sector banks will be subject to the statutory / regulatory limit. (c) Banks should comply with the terms and conditions, if any, stipulated by SEBI / other regulatory authorities in regard to issue of the instruments. 2. Compliance with Reserve Requirements (a) The funds collected by various branches of the bank or other banks for the issue and held pending finalisation of allotment of the Tier I Preference Shares will have to be taken into account for the purpose of calculating reserve requirements. (b) However, the total amount raised by the bank by issue of PNCPS shall not be reckoned as liability for calculation of net demand and time liabilities for the purpose of reserve requirements and, as such, will not attract CRR / SLR requirements. 3. Reporting Requirements 3.1 Banks issuing PNCPS shall submit a report to the Chief General Manager-in-charge, Department of Banking Operations & Development, Reserve Bank of India, Mumbai giving details of the capital raised, including the terms of issue specified at item 1 above together with a copy of the offer document soon after the issue is completed. 3.2 The issue-wise details of amount raised as PNCPS qualifying for Tier I capital by the bank from FIIs / NRIs are required to be reported within 30 days of the issue to the Chief General Manager, Reserve Bank of India, Foreign Exchange Department, Foreign Investment Division, Central Office, Mumbai 400 001 in the proforma given at the end of this Annex. The details of the secondary market sales / purchases by FIIs and the NRIs in these instruments on the floor of the stock exchange shall be reported by the custodians and designated banks, respectively to the Reserve Bank of India through the soft copy of the LEC Returns, on a daily basis, as prescribed in Schedule 2 and 3 of the FEMA Notification No.20 dated 3rd May 2000, as amended from time to time. 4. Investment in Perpetual Non-Cumulative Preference Shares issued by other banks/FIs (a) A bank's investment in PNCPS issued by other banks and financial institutions will be reckoned along with the investment in other instruments eligible for capital status while computing compliance with the overall ceiling of 10 per cent of investing banks' capital funds as prescribed vide circular DBOD.BP.BC.No.3/ 21.01.002/ 2004-05 dated 6th July 2004. (b) Bank's investments in PNCPS issued by other banks / financial institutions will attract a 100 per cent risk weight for capital adequacy purposes. (c) A bank's investments in the PNCPS of other banks will be treated as exposure to capital market and be reckoned for the purpose of compliance with the prudential ceiling for capital market exposure as fixed by RBI. 5. Grant of Advances against Tier I Preference Shares Banks should not grant advances against the security of the PNCPS issued by them. 6. Classification in the Balance sheet These instruments will be classified as capital and shown under 'Schedule I-Capital' of the Balance sheet. Reporting Format (a) Name of the bank :
It is certified that
Authorised Signatory Date Seal of the bank Terms and Conditions applicable to Innovative Perpetual Debt The Innovative Perpetual Debt Instruments (Innovative Instruments) that may be issued as bonds or debentures by Indian banks should meet the following terms and conditions to qualify for inclusion as Tier I Capital for capital adequacy purposes: 1. Terms of Issue of innovative instruments denominated in Indian Rupees (i) Amount: The amount of innovative instruments to be raised may be decided by the Board of Directors of banks. (ii) Limits:The total amount raised by a bank through innovative instruments shall not exceed 15 per cent of total Tier I Capital. The eligible amount will be computed with reference to the amount of Tier I Capital as on March 31 of the previous financial year, after deduction of goodwill, DTA and other intangible assets but before the deduction of investments, as required in paragraph 4.4. Innovative instruments in excess of the above limits shall be eligible for inclusion under Tier II, subject to limits prescribed for Tier II capital. However, investors’ rights and obligations would remain unchanged. (iii) Maturity period: The innovative instruments shall be perpetual. (iv) Rate of interest: The interest payable to the investors may be either at a fixed rate or at a floating rate referenced to a market determined rupee interest benchmark rate. (v) Options:Innovative instruments shall not be issued with a ‘put option’ or a ‘step-up option’. However banks may issue the instruments with a call option subject to strict compliance with each of the following conditions: (a) Call option may be exercised after the instrument has run for at least ten years; and (b) Call option shall be exercised only with the prior approval of RBI (Department of Banking Operations & Development). While considering the proposals received from banks for exercising the call option the RBI would, among other things, take into consideration the bank’s CRAR position both at the time of exercise of the call option and after exercise of the call option. (vi) Lock-In Clause : (a) Innovative instruments shall be subjected to a lock-in clause in terms of which the issuing bank shall not be liable to pay interest, if
(b) However, banks may pay interest with the prior approval of RBI when the impact of such payment may result in net loss or increase the net loss, provided the CRAR remains above the regulatory norm. (c) The interest shall not be cumulative. (d) All instances of invocation of the lock-in clause should be notified by the issuing banks to the Chief General Managers-in-Charge of Department of Banking Operations & Development and Department of Banking Supervision of the Reserve Bank of India, Mumbai. (vii) Seniority of claim: The claims of the investors in innovative instruments shall be: (a) Superior to the claims of investors in equity shares; and (b) Subordinated to the claims of all other creditors. (viii) Discount: The innovative instruments shall not be subjected to a progressive discount for capital adequacy purposes since these are perpetual. (ix) Other conditions (a) Innovative instruments should be fully paid-up, unsecured, and free of any restrictive clauses. (b) Investment by FIIs in innovative instruments raised in Indian Rupees shall be outside the ECB limit for rupee denominated corporate debt, as fixed by the Govt. of India from time to time, for investment by FIIs in corporate debt instruments. Investment in these instruments by FIIs and NRIs shall be within an overall limit of 49 per cent and 24 per cent of the issue, respectively, subject to the investment by each FII not exceeding 10 per cent of the issue and investment by each NRI not exceeding five per cent of the issue. (c) Banks should comply with the terms and conditions, if any, stipulated by SEBI / other regulatory authorities in regard to issue of the instruments. 2. Terms of issue of innovative instruments denominated in foreign currency Banks may augment their capital funds through the issue of innovative instruments in foreign currency without seeking the prior approval of the Reserve Bank of India, subject to compliance with the under-mentioned requirements: i) Innovative instruments issued in foreign currency should comply with all terms and conditions as applicable to the instruments issued in Indian Rupees. ii) Not more than 49 per cent of the eligible amount can be issued in foreign currency. iii) Innovative instruments issued in foreign currency shall be outside the limits for foreign currency borrowings indicated below: a) The total amount of Upper Tier II Instruments issued in foreign currency shall not exceed 25 per cent of the unimpaired Tier I capital. This eligible amount will be computed with reference to the amount of Tier I capital as on March 31 of the previous financial year, after deduction of goodwill and other intangible assets but before the deduction of investments, as per para 2.1.4.2(a) of this Master Circular. b) This will be in addition to the existing limit for foreign currency borrowings by Authorised Dealers, stipulated in terms of Master Circular on Risk Management and Inter-Bank Dealings. 3. Compliance with Reserve requirements The total amount raised by a bank through innovative instruments shall not be reckoned as liability for calculation of net demand and time liabilities for the purpose of reserve requirements and, as such, will not attract CRR / SLR requirements. 4. Reporting requirements Banks issuing innovative instruments shall submit a report to the Chief General Manager-in-charge, Department of Banking Operations & Development, Reserve Bank of India, Mumbai giving details of the debt raised, including the terms of issue specified at para 1 above , together with a copy of the offer document soon after the issue is completed. 5. Investment in IPDIs issued by other banks/ FIs
6. Grant of advances against innovative instruments Banks should not grant advances against the security of the innovative instruments issued by them. 7. Classification in the Balance Sheet Banks may indicate the amount raised by issue of IPDI in the Balance Sheet under schedule 4 “Borrowings”.Terms and conditions applicable to Debt Capital Instruments to qualify for inclusion as Upper Tier II Capital The debt capital instruments that may be issued as bonds / debentures by Indian banks should meet the following terms and conditions to qualify for inclusion as Upper Tier II Capital for capital adequacy purposes. 1. Terms of issue of Upper Tier II Capital Instruments i. Currency of issue: Banks shall issue Upper Tier II Instruments in Indian Rupees. Instruments in foreign currency can be issued without seeking the prior approval of the Reserve Bank of India, subject to compliance with the under mentioned requirements:
ii. Amount: The amount of Upper Tier II Instruments to be raised may be decided by the Board of Directors of banks. iii. Limit: Upper Tier II Instruments along with other components of Tier II capital shall not exceed 100% of Tier I capital. The above limit will be based on the amount of Tier I capital after deduction of goodwill and other intangible assets but before the deduction of investments. iv. Maturity Period: The Upper Tier II instruments should have a minimum maturity of 15 years. v. Rate of interest: The interest payable to the investors may be either at a fixed rate or at a floating rate referenced to a market determined rupee interest benchmark rate. vi. Options: Upper Tier II instruments shall not be issued with a ‘put option’ or a ‘step-up option’. However banks may issue the instruments with a ‘call option’ subject to strict compliance with each of the following conditions:
vii) Lock-In Clause a. Upper Tier II instruments shall be subjected to a lock-in clause in terms of which the issuing bank shall not be liable to pay either interest or principal, even at maturity, if
b. However, banks may pay interest with the prior approval of RBI when the impact of such payment may result in net loss or increase the net loss provided CRAR remains above the regulatory norm. For this purpose 'Net Loss' would mean either (a) the accumulated loss at the end of the previous financial year; or (b) the loss incurred during the current financial year. c. The interest amount due and remaining unpaid may be allowed to be paid in the later years in cash/ cheque subject to the bank complying with the above regulatory requirement. While paying such unpaid interest and principal, banks are allowed to pay compound interest at a rate not exceeding the coupon rate of the relative Upper Tier II bonds, on the outstanding principal and interest. d. All instances of invocation of the lock-in clause should be notified by the issuing banks to the Chief General Managers-in-Charge of Department of Banking Operations & Development and Department of Banking Supervision of the Reserve Bank of India, Mumbai. viii) Seniority of claim: The claims of the investors in Upper Tier II instruments shall be
ix) Discount: The Upper Tier II instruments shall be subjected to a progressive discount for capital adequacy purposes as in the case of long-term subordinated debt over the last five years of their tenor. As they approach maturity these instruments should be subjected to progressive discount as indicated in the table below for being eligible for inclusion in Tier II capital.
x) Redemption: Upper Tier II instruments shall not be redeemable at the initiative of the holder. All redemptions shall be made only with the prior approval of the Reserve Bank of India (Department of Banking Operations & Development). xi) Other conditions
2. Compliance with Reserve requirements
3. Reporting requirements Banks issuing Upper Tier II instruments shall submit a report to the Chief General Manager-in-charge, Department of Banking Operations & Development, Reserve Bank of India, Mumbai giving details of the debt raised, including the terms of issue specified at item 1 above together with a copy of the offer document soon after the issue is completed. 4. Investment in Upper Tier II Instruments issued by other banks/ FIs
5. Grant of advances against Upper Tier II Instruments Banks shall not grant advances against the security of the Upper Tier II instruments issued by them. 6. Classification in the Balance Sheet Banks may indicate the amount raised by issue of Upper Tier II instruments by way of explanatory notes / remarks in the Balance Sheet as well as under the head” Hybrid debt capital instruments issued as bonds/debentures” under Schedule 4 - ' Borrowings’.Terms and conditions applicable to Perpetual Cumulative Preference Shares 1. Terms of Issue 1.1 Characteristics of the instruments (a) These instruments could be either perpetual (PCPS) or dated (RNCPS and RCPS) instruments with a fixed maturity of minimum 15 years. (b) The perpetual instruments shall be cumulative. The dated instruments could be cumulative or non-cumulative 1.2 Limits The outstanding amount of these instruments along with other components of Tier II capital shall not exceed 100 per cent of Tier I capital at any point of time. The above limit will be based on the amount of Tier I capital after deduction of goodwill and other intangible assets but before the deduction of investments. 1.3 Amount The amount to be raised may be decided by the Board of Directors of banks. 1.4 Options (i) These instruments shall not be issued with a 'put option' or ‘step-up option’. (ii) However, banks may issue the instruments with a call option at a particular date subject to strict compliance with each of the following conditions:
1.5 Coupon The coupon payable to the investors may be either at a fixed rate or at a floating rate referenced to a market determined rupee interest benchmark rate. 1.6 Payment of coupon 1.6.1 The coupon payable on these instruments will be treated as interest and accordingly debited to P& L Account. However, it will be payable only if
1.6.2 All instances of non-payment of interest/payment of interest at a lesser rate than prescribed rate should be notified by the issuing banks to the Chief General Managers-in-Charge of Department of Banking Operations & Development and Department of Banking Supervision, Central Office of the Reserve Bank of India, Mumbai. 1.7 Redemption / repayment of redeemable Preference Shares included in Upper Tier II 1.7.1 All these instruments shall not be redeemable at the initiative of the holder. 1.7.2 Redemption of these instruments at maturity shall be made only with the prior approval of the Reserve Bank of India (Department of Banking Operations and Development, subject inter alia to the following conditions :
1.8 Seniority of claim The claims of the investors in these instruments shall be senior to the claims of investors in instruments eligible for inclusion in Tier I capital and subordinate to the claims of all other creditors including those in Lower Tier II and the depositors. Amongst the investors of various instruments included in Upper Tier II, the claims shall rank pari-passu with each other. 1.9 Amortization for the purpose of computing CRAR The Redeemable Preference Shares (both cumulative and non-cumulative) shall be subjected to a progressive discount for capital adequacy purposes over the last five years of their tenor, as they approach maturity as indicated in the table below for being eligible for inclusion in Tier II capital.
1.10 Other conditions (a) These instruments should be fully paid-up, unsecured, and free of any restrictive clauses. (b) Investment by FIIs and NRIs shall be within an overall limit of 49 per cent and 24 per cent of the issue respectively, subject to the investment by each FII not exceeding 10 per cent of the issue and investment by each NRI not exceeding 5 per cent of the issue. Investment by FIIs in these instruments shall be outside the ECB limit for rupee denominated corporate debt as fixed by Government of India from time to time. However, investment by FIIs in these instruments will be subject to separate ceiling. The overall nonresident holding of Preference Shares and equity shares in public sector banks will be subject to the statutory / regulatory limit. (c) Banks should comply with the terms and conditions, if any, stipulated by SEBI / other regulatory authorities in regard to issue of the instruments. 2. Compliance with Reserve requirements (a) The funds collected by various branches of the bank or other banks for the issue and held pending finalization of allotment of these instruments will have to be taken into account for the purpose of calculating reserve requirements. (b) The total amount raised by a bank through the issue of these instruments shall be reckoned as liability for the calculation of net demand and time liabilities for the purpose of reserve requirements and, as such, will attract CRR / SLR requirements. 3. Reporting requirements Banks issuing these instruments shall submit a report to the Chief General Manager-in-charge, Department of Banking Operations & Development, Reserve Bank of India, Mumbai giving details of the debt raised, including the terms of issue specified at item 1 above together with a copy of the offer document soon after the issue is completed. 4. Investment in these instruments issued by other banks / FIs
5. Grant of advances against these instruments Banks should not grant advances against the security of these instruments issued by them. 6. Classification in the balance sheet These instruments will be classified as borrowings under Schedule 4- Borrowings of the Balance sheet as item No.1. Issue of unsecured bonds as subordinated debt by banks for raising Tier-II capital 1. Terms of issue of bond To be eligible for inclusion in Tier – II Capital, terms of issue of the bonds as subordinated debt instruments should be in conformity with the following: (a) Amount The amount of subordinated debt to be raised may be decided by the Board of Directors of the bank. (b) Maturity period (i) Subordinated debt instruments with an initial maturity period of less than 5 years, or with a remaining maturity of one year should not be included as part of Tier-II Capital. They should be subjected to progressive discount as they approach maturity at the rates shown below:
(ii) The bonds should have a minimum maturity of 5 years. However if the bonds are issued in the last quarter of the year i.e. from 1st January to 31st March, they should have a minimum tenure of sixty three months. (c) Rate of interest The coupon rate would be decided by the Board of Directors of banks. (d) Options Subordinated debt instruments shall not be issued with a 'put option' or ‘step-up option’. However banks may issue the instruments with a call option subject to strict compliance with each of the following conditions:
(e) Other conditions
2. Inclusion in Tier II capital Subordinated debt instruments will be limited to 50 per cent of Tier-I Capital of the bank. These instruments, together with other components of Tier II capital, should not exceed 100% of Tier I capital. 3. Grant of advances against bonds Banks should not grant advances against the security of their own bonds. 4. Compliance with Reserve requirements The total amount of Subordinated Debt raised by the bank has to be reckoned as liability for the calculation of net demand and time liabilities for the purpose of reserve requirements and, as such, will attract CRR/SLR requirements. 5. Treatment of Investment in subordinated debt Investments by banks in subordinated debt of other banks will be assigned 100% risk weight for capital adequacy purpose. Also, the bank's aggregate investment in Tier II bonds issued by other banks and financial institutions shall be within the overall ceiling of 10 percent of the investing bank's total capital. The capital for this purpose will be the same as that reckoned for the purpose of capital adequacy. 6. Subordinated Debt in foreign currency raised by Indian banks: Banks may take approval of RBI on a case-by-case basis. 7. Subordinated debt to retail investors: Banks issuing subordinated debt to retail investors are advised to adhere to the following conditions: a) The requirement for specific sign-off as quoted below, from the investors for having understood the features and risks of the instrument may be incorporated in the common application form of the proposed debt issue. "By making this application, I/We acknowledge that I/We have understood the terms and conditions of the Issue of [ insert the name of the instruments being issued J of [ Name of The Bank J as disclosed in the Draft Shelf Prospectus, Shelf Prospectus and Tranche Document".
8. Reporting requirements The banks should submit a report to Reserve Bank of India giving details of the capital raised, such as, amount raised, maturity of the instrument, rate of interest together with a copy of the offer document soon after the issue is completed. 9. Classification in the Balance Sheet: These instruments should be classified under 'Schedule 4 – Borrowings’ of the Balance sheet. CAPITAL CHARGE FOR SPECIFIC RISK
The category ‘claim on Government’ will include all forms of Government securities including dated Government securities, Treasury bills and other short-term investments and instruments where repayment of both principal and interest are fully guaranteed by the Government. The category 'Claims on others' will include issuers of securities other than Government and banks. DURATION METHOD
Horizontal Disallowances
Note: Capital charges should be calculated for each currency separately and then summed with no offsetting between positions of opposite sign. In the case of those currencies in which business is insignificant (where the turnover in the respective currency is less than 5 per cent of overall foreign exchange turnover), separate calculations for each currency are not required. The bank may, instead, slot within each appropriate time-band, the net long or short position for each currency. However, these individual net positions are to be summed within each time-band, irrespective of whether they are long or short positions, to produce a gross position figure. In the case of residual currencies the gross positions in each time-band will be subject to the assumed change in yield set out in table with no further offsets. List of instructions and circulars consolidated Part – A
Part – B List of other circulars containing instructions/ guidelines /directives related to Prudential Norms
1 Unless all their written option positions are hedged by perfectly matched long positions in exactly the same options, in which case no capital charge for market risk is required 2 In some cases such as foreign exchange, it may be unclear which side is the "underlying security"; this should be taken to be the asset which would be received if the option were exercised. In addition the nominal value should be used for items where the market value of the underlying instrument could be zero, e.g. caps and floors, swaptions etc. 3 Some options (e.g. where the underlying is an interest rate or a currency) bear no specific risk, but specific risk will be present in the case of options on certain interest rate-related instruments (e.g. options on a corporate debt security or corporate bond index; see paragraph 2.2.5 for the relevant capital charges) and for options on equities and stock indices (see paragraph 2.2.6). The charge under this measure for currency options will be 9%. 4 For options with a residual maturity of more than six months, the strike price should be compared with the forward, not current, price. A bank unable to do this must take the "in-the-money" amount to be zero. 5 Where the position does not fall within the trading book (i.e. options on certain foreign exchange or commodities positions not belonging to the trading book), it may be acceptable to use the book value instead. 6 Reserve Bank of India may wish to require banks doing business in certain classes of exotic options (e.g. barriers, digitals) or in options "at-the-money" that are close to expiry to use either the scenario approach or the internal models alternative, both of which can accommodate more detailed revaluation approaches. 7 A two-months call option on a bond future, where delivery of the bond takes place in September, would be considered in April as being long the bond and short a five-months deposit, both positions being delta- weighted. 8 The rules applying to closely-matched positions set out in paragraph 2.2.5.5.1.2 will also apply in this respect. 9 The basic rules set out here for interest rate and equity options do not attempt to capture specific risk when calculating gamma capital charges. However, Reserve Bank may require specific banks to do so. 10 Positions have to be slotted into separate maturity ladders by currency. 11 Banks using the duration method should use the time-bands as set out in Annex.8 12 If, for example, the time-bands 3 to 4 years, 4 to 5 years and 5 to 7 years are combined, the highest assumed change in yield of these three bands would be 0.75. |
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