1.
Introduction to Indian Financial System
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1.1Significance and Definition
1.2
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Purpose and Organisation
1.3
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Liberalisation of the Financial System2.
Saving and Financial Intermediation
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2.1Savings
2.2
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Composition of Savings
2.3
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Factor Determining Savings2.4
Saving Rate in Ninth Plan
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2.5
Financial Liabilities
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2.6Financial Intermediation
3.
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Commercial Banking
3.1
Evolution
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3.2
Financial Services
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3.3Fiduciary Services
3.4
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Off Balance Sheet Activities
3.5
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Analysis of Assets and Liabilities of ScheduleCommercial Banks
4.
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Central Banking4.1
Introduction
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4.2Instruments of Monetary Control
4.3
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Reserve Bank of India
5.
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Public Depth5.1
Classification of Public Depth
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5.2Secondary Depth Market
5.3
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Repos
5.4
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Reverse Repo6.
Advances to Priority Sector
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7.
Supervision System
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8.Regional Rural Banks
8.1
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Objectives8.2
RBI Assistance
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8.3
Evaluation of RRBs
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9.Practice Questions
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1.
Introduction to Financial System
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The economic scene in the post independence period has seen a seachange; the end result being that the economy has made enormous
progress in diverse fields. There has been a quantitative expansion as
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well as diversification of economic activities. The experiences of the
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1980s have led to the conclusion that to obtain all the benefits of
greater reliance on voluntary, market-based decision-making, India
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needs efficient financial systems.The financial system is possibly the most important institutional and
functional vehicle for economic transformation. Finance is a bridge
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between the present and the future and whether it be the mobilisation
of savings or their efficient, effective and equitable allocation for
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investment, it is the success with which the financial system performsits functions that sets the pace for the achievement of broader national
objectives.
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1.1
Significance and Definition
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The term financial system is a set of inter-related activities/servicesworking together to achieve some predetermined purpose or goal. It
includes different markets, the institutions, instruments, services and
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mechanisms which influence the generation of savings, investment
capital formation and growth.
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Van Horne defined the financial system as the purpose of financialmarkets to allocate savings efficiently in an economy to ultimate users
either for investment in real assets or for consumption. Christy has
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opined that the objective of the financial system is to "supply funds to
various sectors and activities of the economy in ways that promote the
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fullest possible utilization of resources without the destabilizingconsequence of price level changes or unnecessary interference with
individual desires."
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According to Robinson, the primary function of the system is "to
provide a link between savings and investment for the creation of new
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wealth and to permit portfolio adjustment in the composition of theexisting wealth."
From the above definitions, it may be said that the primary function of
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the financial system is the mobilisation of savings, their distribution for
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industrial investment and stimulating capital formation to accelerate
the process of economic growth.
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FINANCIAL SYSTEM--- Content provided by FirstRanker.com ---
SAVINGS
FINANCE
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INVESTMENT
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CAPITAL FORMATION
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ECONOMIC GROWTH
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The Concept of the Financial System
The process of savings, finance and investment involves financial
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institutions, markets, instruments and services. Above all, supervisioncontrol and regulation are equally significant. Thus, financial
management is an integral part of the financial system. On the basis of
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the empirical evidence, Goldsmith said that "... a case for the
hypothesis that the separation of the functions of savings and
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investment which is made possible by the introduction of financialinstruments as well as enlargement of the range of financial assets
which follows from the creation of financial institutions increase the
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efficiency of investments and raise the ratio of capital formation to
national production and financial activities and through these two
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channels increase the rate of growth......"The inter-relationship between varied segments of the economy are
illustrated below:-
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ECONOMIC GROWTH
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GOAL--- Content provided by FirstRanker.com ---
FINANCIAL SYSTEM
SYSTEM
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FINANCIAL
FINANCIAL
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FINANCIALSYSTEM
MARKETS
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INSTITUTIONS
INSTRUMENTS
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Inter-relationship in the Financial SystemA financial system provides services that are essential in a modern
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economy. The use of a stable, widely accepted medium of exchangereduces the costs of transactions. It facilitates trade and, therefore,
specialization in production. Financial assets with attractive yield,
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liquidity and risk characteristics encourage saving in financial form. By
evaluating alternative investments and monitoring the activities of
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borrowers, financial intermediaries increase the efficiency of resourceuse. Access to a variety of financial instruments enables an economic
agent to pool, price and exchange risks in the markets. Trade, the
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efficient use of resources, saving and risk taking are the cornerstones of
a growing economy. In fact, the country could make this feasible with
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the active support of the financial system. The financial system hasbeen identified as the most catalyzing agent for growth of the
economy, making it one of the key inputs of development
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1.2
The Organisation of the Financial System in India
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The Indian financial system is broadly classified into two broadgroups:
i)
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Organised sector and (ii) unorganised sector.
"The financial system is also divided into users of financial services
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and providers.Financial institutions sell their services to households, businesses and
government. They are the users of the financial services. The
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boundaries between these sectors are not always clear cut.
In the case of providers of financial services, although financial
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systems differ from country to country, there are many similarities.(i) Central bank
(ii) Banks
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(iii) Financial institutions
(iv) Money and capital markets and
(v) Informal financial enterprises.
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i)
Organised Indian Financial System
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The organised financial system comprises of an impressive network ofbanks, other financial and investment institutions and a range of
financial instruments, which together function in fairly developed
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capital and money markets. Short-term funds are mainly provided by
the commercial and cooperative banking structure. Nine-tenth of such
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banking business is managed by twenty-eight leading banks which arein the public sector. In addition to commercial banks, there is the
network of cooperative banks and land development banks at state,
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district and block levels. With around two-third share in the total assets
in the financial system, banks play an important role. Of late, Indian
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banks have also diversified into areas such as merchant banking,mutual funds, leasing and factoring.
The organised financial system comprises the following sub-systems:
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1.
Banking system
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2.Cooperative system
3.
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Development Banking system
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(i)Public sector
(ii)
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Private sector
4.Money markets and
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5. Financial companies/institutions.Over the years, the structure of financial institutions in India has
developed and become broad based. The system has developed in three
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areas
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state,cooperative and private. Rural and urban areas are well served by the
cooperative sector as well as by corporate bodies with national status.
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There are more than 4,58,782 institutions channellising credit into the
various areas of the economy.
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ii)
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Unorganised Financial SystemOn the other hand, the unorganised financial system comprises of
relatively less controlled moneylenders, indigenous bankers, lending
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pawn brokers, landlords, traders etc. This part of the financial system is
not directly amenable to control by the Reserve Bank of India (RBI).
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There are a host of financial companies, investment companies, chitfunds etc., which are also not regulated by the RBI or the government
in a systematic manner.
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However, they are also governed by rules and regulations and are,
therefore within the orbit of the monetary authorities.
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Indigenous Banking in IndiaAt independence, India had an indigenous banking system with a
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centuries-old tradition. This system had developed the hundi, a
financial instrument still in use that is similar to the commercial bill of
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Western Europe. Hundi were used to finance local trade as well astrade between port towns and inland centers of production. They were
often discounted by banks, especially if they were endorsed by
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indigenous bankers.
Indigenous bankers combined banking with other activities, much as
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the goldsmiths, merchants, and shippers of eighteenth and nineteenth-century Europe had done. They usually belonged to certain castes or
communities, such as the Multanis, Marwaris and Chettiars, and they
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differed in the extent to which they relied on their own resources,
rather than deposits and other funds for their lending. Indigenous
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bankers often endorsed hundis issued by traders and sometimesprovided personal guarantees for loans from commercial banks. Such
bankers were collectively known as Shroffs, a term that probably
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originally referred to money changers but over time came to refer to
the more sophisticated and influential indigenous bankers. The main
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moneylenders were the Sowkars (who lent to farmers from their own--- Content provided by FirstRanker.com ---
resources or funds borrowed from the Chettiars and other indigenousbankers) and the Pathans (who lent mainly to poor people and often
resorted to intimidation to ensure repayment).
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Indigenous banking was based on an elaborate and extensive network
of personal relations that overcame the problems of dealing with a
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large number of customers. Brokers were used for makingintroductions and vouching for the creditworthiness of individual
borrowers but did not offer personal guarantees. Some brokers
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specialized in introducing indigenous bankers to commercial banks,
while others brought together traders and indigenous bankers.
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Rural Financial System.Rural financial system has been evolved over a period of time from the
year 1904, when the first Primary Agricultural Credit Society was
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organized, by accepting and implementing important recommendations
of expert committees appointed by the Government of India/RBI from
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time to time. During the pre-reform period, more particularly, after theadvent of the scientific and technological revolution in the sphere of
agriculture, the Government of India and the RBI have evolved several
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new concepts, innovations and novel approaches, which, the Rural
Financial Institutions (RFls) have responded very favorably by
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implementing them.The Banking System
The structure of the baking system is determined by two basic factors ?
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economic and legal. The Development of the economy and the spread
of banking habit calls for increasing banking services. The demand for
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these banking services affects the banks' structure and organisation.National objectives and aspirations result in government regulations,
which have a profound influence on the banking structure. These
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regulations are basically of two types. First, regulations which result in
the formation of new banks to meet the specific needs of a group of
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economic activities. Secondly, legislation that affects the structure by
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means of nationalisation, mergers or liquidation.RBI
The Reserve Bank of India as the central bank of the country, is at the
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head of this group. Commercial banks themselves may be divided into
two groups, the scheduled and the non scheduled.
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The commercial banking system may be distinguished into:A.
Public Sector Banks
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i)
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State Bank of IndiaState Bank Group
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ii)
Associate Bank
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iii)14 Nationalized Banks (1969)
Nationalized
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Banks
iv)
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6 Nationalized Banks (1980)v)
Regional Rural Banks
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Mainly sponsored
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by PublicSector Banks
B.
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Private Sector Banks
i)
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Other Private Banks;ii)
New sophisticated Private Banks;
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iii)
Cooperative Banks included in the second schedule;
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iv)Foreign banks in India, representative offices, and
v)
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One non-scheduled banks
Cooperative Sector
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The cooperative banking sector has been developed in the country tosupplant the village moneylender, the predominant source of rural
finance, as the terms on which he made finance available have
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generally been usurious and detrimental to the development of Indian
agriculture. Although the sector receives concessional finance from the
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Reserve Bank, it is governed by the state legislation. From the point ofview of the money market, it may be said to lie between the organized
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and the unorganised markets.
Primary cooperative Credit Societies
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The primary cooperative credit society is an association of borrowers
and non-borrowers residing in a particular locality. The funds of the
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society are derived from the share capital and deposits of members andloans from Central Co-operative banks. The borrowing power of the
members as well as of the society is fixed. The loans are given to
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members for the purchase of cattle, fodder, fertilizers, pesticides,
implements etc.
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Central Co-operative BanksThese are the federations of primary credit societies in a district. These
banks finance member societies within the limits of the borrowing
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capacity of societies. They also conduct all the business of a joint-stock
bank.
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State Co-operative BanksThe State Cooperative Bank is a federation of Central cooperative
banks and acts as a watchdog of the cooperative banking structure in
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the State. Its funds are obtained from share capital, deposits, loans and
overdrafts from the Reserve Bank of India. The State Co-operative
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Banks lend money to central cooperative banks and primary societiesand not directly to farmers.
Land Development Banks
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The Land Development Banks, which are organized in three tiers,
namely, State, Central and Primary level, meet the long term credit
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requirements of farmers for developmental purposes, viz, purchase ofequipment like pump sets, tractors and other machineries, reclamation
of land, fencing, digging up new wells and repairs of old wells etc.
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Land Development Banks are cooperative institutions and they grant
loans on the security of mortgage of immovable property of the
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Money MarketMoney market is concerned with the supply and the demand for
investible funds. Essentially, it is a reservoir of short-term funds.
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Money market provides a mechanism by which short-term funds are
lent out and borrowed; it is through this market that a large part of the
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financial transactions of a country are cleared. It is place where a bid ismade for short-term investible funds at the disposal of financial and
other institutions by borrowers comprising institutions, individuals and
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the Government itself.
Thus, money market covers money, and financial assets which are
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close substitutes for money. The money market is generally expectedto perform following three broad functions:2
(i)
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To provide an equilibrating mechanism to even out
demand for and supply of short term funds.
(ii)
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To provide a focal point for Central bank intervention for
influencing liquidity and general level of interest rates in
the economy.
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(iii)To provide reasonable access to providers and users of
short-term funds to fulfill their borrowing and investment
requirements at an efficient market clearing price.
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Capital Market
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The capital market is the place where the medium-term and long-termfinancial needs of business and other undertakings are met by financial
institutions which supply medium and long-term resources to
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borrowers. These institutions may further be classified into investing
institutions and development banks on the basis of the nature of their
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activities and the financial mechanism adopted by them. Investinginstitutions comprise those financial institutions which garner the
savings of the people by offering their own shares and stocks, and
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which provide long-term funds, especially in the form of direct
investment in securities and underwriting capital issues of business
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enterprises. These institutions include investment banks, merchantbanks, investment companies and the mutual funds and insurance
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companies. Development banks include those financial institutions
which provide the sinews of development, i.e. capital, enterprise and
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know-how, to business enterprises so as to foster industrial growth.1.3 Liberalisation Of The Financial System
A radical restructuring of the economic system consisting of industrial
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deregulation, liberalisation of policies relating to foreign direct
investment, public enterprise reforms, reforms of taxation system, trade
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liberalisation and financial sector reforms have been initiated in 1992-93. Financial sector reforms in the area of commercial banking, capital
markets and non-banking finance companies have also been
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undertaken.
The focus of reforms in the financial markets has been on removing the
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structural weaknesses and developing the markets on sound lines. Themoney and foreign exchange market reforms have attempted to
broaden and deepen them. Reforms in the government securities
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market sought to smoothen the maturity structure of debt, raising of
debt at close-to-market rates and improving the liquidity of
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government securities by developing an active secondary market. Inthe capital market the focus of reforms has been on strengthening the
disclosure standards, developing the market infrastructure and
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strengthening the risk management systems at stock exchanges to
protect the integrity and safety of the market. Elements of the structural
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reforms in various market segments are introduction of free pricing offinancial assets such as interest rate on government securities, pricing
of capital issues and exchange rate, the enlargement of the number of
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participants and introduction of new instruments.
Improving financial soundness and credibility of banks is a part of
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banking reforms under. Taken by the RBI, a regulatory and supervisoryagency over commercial banks under the Banking Companies
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Regulation Act 1949. The improvement of financial health of banks is
sought to be achieved by capital adequacy norms in relation to the risks
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to which banks are exposed, prudential norms for income recognition
and provision of bad debts. The removal of external constraints in
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norms of pre-emption of funds, benefits and prudential regulation andrecapitalisation and writing down of capital base are reflected in the
relatively clean and healthy balance sheets of banks. The reform
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process has, however, accentuated the inherent weaknesses of public
sector dominated banking systems. There is a need to further improve
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financial soundness and to measure up to the increasing competitionthat a fast liberalising and globalising economy would bring to the
Indian banking system.
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In the area of capital market, the Securities and Exchange Board of
India (SEBI) was set up in 1992 to protect the interests of investors in
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securities and to promote development and regulation of the securitiesmarket. SEBI has issued guidelines for primary markets, stipulating
access to capital market to improve the quality of public issues,
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allotment of shares, private placement, book building, takeover of
companies and venture capital. In the area of secondary markets,
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measures to control volatility and transparency in dealings bymodifying the badla system, laying down insider regulations to protect
integrity of markets, uniform settlement, introduction of screen-based
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online trading, dematerialising shares by setting up depositories and
trading in derivative securities (stock index futures). There is a sea
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change in the institutional and regulatory environment in the capitalmarket area.
In regard to Non-Bank Finance Companies (NBFCs), the Reserve
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Bank of India has issued several measures aimed at encouraging
disciplined NBFCs which run on sound business principles. The
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measures seek to protect the interests of depositors and provide more--- Content provided by FirstRanker.com ---
effective supervision, particularly over those which accept publicdeposits. The regulations stipulate an upper limit for public deposits
which NBFCs can accept. This limit is linked to credit rating by an
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approved rating agency. An upper limit is also placed on the rate of
interest on deposits in order to restrain NBFCs from offering incentives
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and mobilising excessive deposits which they'" may not be able toservice. The heterogeneous nature, number, size, functions
(deployment of funds) and level of managerial competence of the
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NBFCs affect their effective regulation.
Since the liberalisation of the economy in 1992-93 and the initiation of
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reform measures, the financial system is getting market-oriented.Market efficiency would be reflected in the wide dissemination of
information, reduction of transaction costs and allocation of capital to
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the most productive users. Further, freeing the financial system from
government interference has been an important element of economic
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reforms. The economic reforms also aim at improved financial viabilityand institutional strengthening. To improve the effective implemen-
tation 0{the monetary policy, linkages among money and foreign
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exchange markets have been forged.
2.
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Saving and Financial Intermediation2.1
Saving
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The term saving refers to the activity by which claims to resources,
which might be put to current consumption, are set aside and so
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become available for other purposes. It represents the excess of incomeover current consumption. The total volume of savings in an economy,
therefore, depends mainly upon the size of its material income and its
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average propensity to consume, which, in its turn, is determined by the
level and distribution of the incomes, tastes and habits of the people,
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their expectations about the future, etc. As the size of the nationalincome increases, the volume and ratio of savings may generally be
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expected to rise, unless the marginal propensity to consume is either
equal to, or higher than the average propensity. This is very likely to be
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the case in countries where the standards of living are very low, and
where the development policy places a heavy emphasis on the social
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objectives of raising the living standards of the poorer sections of thecommunity, or where the spending habits of the people are strongly
influenced by the "demonstration effect)
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2.2
Composition of Savings
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Total savings are composed of public savings and private saving.Public savings constitute the savings of the government through
normal budgetary channels and the retained earnings of public
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enterprises.
Private savings includes household savings and business savings.
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The house hold sector makes the largest contribution 77% in 94-95, thepublic sector ? 6.8% and the business sector 16.2% of the savings of
household sector, savings (gross) in the form of physical assets
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accounted for 36.1% in 1998-99.
2.3
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Factors determining savingThe volume of public savings depends largely upon the functions
assumed by the state, the general state of the economy, the tax
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structure, the fiscal policy of the government, its pricing and
investment policies.
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Private savings include household savings and business savings. Theyoccupy, by far, the most important position in democratic countries.
The size of household savings depends on the capacity and ability and
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willingness of the people to save, which are influenced by a multitude
of social, psychological and political factors, in addition to the
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economic factors, the most important of which are the level anddistribution of income and the general fiscal, monetary and economic
policies of the state.
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Business savings, in the form of retained savings and depreciations and
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other provisions, claim relatively large proportions of the total savings
in developed countries. Such savings are identified generally with
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corporate savings because the savings of other forms of businessenterprises are not only relatively small but are not easily
distinguishable from household savings. Corporate savings depend
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chiefly on the profitability of the enterprises and their policies of the
distribution of dividends, provision for depreciation, etc., and the
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retention of current earnings for financial expansion programmes.These, in their turn, are largely influenced by the general state of the
economy (and of industry in particular), the fiscal policies of the state
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and expectations about the future).
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Gross Domestic SavingsThe savings on a gross basis include:
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Depreciation at book value in the case of the private corporate
sector.
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In the case of the household sector, savings in the form offinancial assets without allowing for increase in household
liabilities which largely consist of loans and advances from
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banks, and
In the case of physical assets of the household sector, the
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difference in value of physical assets in terms of gross savingand net saving which was a much as 43.2 per cent in 1994-95
(41.9 per cent in 1980-81). This may be largely on account of
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depreciation and changes in stocks of unincorporated
enterprises which account for 80 per cent of the savings of the
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household sector. The gross domestic savings ratio was 23.4%in 1998-99).
Saving of Household Sector In the form of Gold
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For long, gold has been kept out of the financial system. It has been left
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out of our savings estimates and purchase of gold is treated asconsumption. This is really going against entrenched custom.
Gold hoards which are estimated at $100 billion have to be brought
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into the mainstream of the financial system. Further, out of our annual
import of $6 billion (400 to 500 tones), 90 per cent goes towards
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investment in the form of jewellery. Gold should be treated as a 'hybridasset' as the Committee on Capital Account Convertibility (CAC) has
termed it. In the words of the Committee, "Gold is a surrogate for
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foreign exchange and because of its special features it is a hybrid
between a commodity and a financial asset". The Committee on CAC
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recommended that asset." banks should be permitted to operate freelyboth in the domestic and international gold markets, sale of gold by
banks and financial institutions (FIs) should be freely allowed to all
--- Content provided by FirstRanker.com ---
residents, banks should be allowed to offer gold denominated deposits
and loans and banks should be allowed to offer deposit schemes akin to
--- Content provided by FirstRanker.com ---
gold accumulation plans.The liberalization of the overall policy regime of gold as recommended
by the Committee is the most far reaching and has a vital impact on our
--- Content provided by FirstRanker.com ---
savings and investment. Its implementation would have enormous
impact in terms of growth as gold can be mobilised for financing
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investment. Once we accept it as an instrument for saving, estimates ofhousehold savings in the national income statistics would go up by 10-
12 per cent and overall gross saving and net saving ratios by 1.5 to 1.2
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per cent.
The inclusion of gold in national income statistics is not suggested just
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to raise the savings rate. It is in the national interest to put it toproductive use.
Savings of the Household Sector In Financial Assets
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The financial assets in the order of their importance in 1998-99 are
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bank deposits, provident and pension funds, non-bank deposits,
currency, life insurance fund, claims on government and shares and
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debentures. The composition of household sector's savings has beengenerally in favour of financial assets as compared to physical assets
on account of the higher rates of return on financial saving, growing
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financial intermediation and preference of households for less risky
assets like bank deposits, contractional savings and small savings
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instruments.2.4
Saving Rate In Ninth Plan
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The savings rate in 1998-99 of 22.3% fell short of the Ninth Plan target
of 25.2 per cent. The reliance on foreign capital and adoption of a
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deliberate policy to attract foreign savings into portfolio and directinvestments have become a part of the liberalisation policy since 1991-
92. Inflow of foreign savings was to finance an investment rate of 23.4
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per cent in 1998-99. While the high domestic savings of the Asian
Tigers provided powerful evidence of a link between thrift and growth,
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relying too much on foreign capital is a danger that could give rise toan economic crisis. Mexico experienced such a crisis in 1994 where
domestic savings fell on account of the substantial inflow of foreign
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capital in the two or three years prior to 1994, giving rise to the
liquidity effect. The Asian crisis of 1997 also confirms that foreign
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capital especially portfolio and debt are not only undependable but alsoaggravate financial stress into a full. blown crisis. All this points to the
importance of strengthening thrift. The recent developments in credit
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financing of automobiles and white goods and the impulsive
expenditure-inducing effect of credit cards-are likely to make a dent in
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savings.The savings rate in India is bound to rise as a result of the financial
sector reforms. Financial sector reforms in many developing countries
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in Latin America and Asia were introduced as a part of an overall
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programme of economic liberalisation. While they were initiated in the
mid70's in Latin America countries, they gained prominence by the
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mid-80's.According to Jeffrey Sachs and Nirupam Rajpal of the Harvard
Institute for International Development, the possible reasons for higher
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growth rate in India are the degree of market efficiency (a weighted
average of degree of openness, size of government and labour market
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flexibility) and the savings rate. Market efficiency and savings rateaccount for 40 per cent variation in growth rates. If India improved its
competitiveness (World Economic Forum's Global Competitiveness
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Report) to the level of other countries in East Asia, Sachs and Rajpal
estimate that India's rate of growth of income will rise to 7.2 per cent
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per year. If the savings rate is . also stepped up to the levels achieved inEast Asia, the rate of growth will rise to 8.37 per cent. Tariff reduction
in the 1997-98 budget to an average of 25 per cent is closure to a rate
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of less than 10 per cent in the case of East Asia helping 'openness' of
the economy.
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2.5Financial Liabilities
Household financial liabilities largely consist of loans and advances
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from banks. The total financial liabilities were estimated at Rs. 26,722
crores or 1.3% of GDP in 1998-99.
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2.6Financial intermediation
The Institutions in the financial market such as Banks & other non
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banking financial intermediatory undertakes the task of accepting
deposits of money from the public at large and employing them
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deposits so pooled in the forms of loans and investment to meet thefinancial needs of the business and other class of society i.e. they
collect the funds from surplus sector through various schemes and
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channalised then to the deficit sector.
These financial intermediaries act as moblisers of public saving for
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their productive utilization.
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Funds are transferred through creation of financial liabilities such asbonds and equity shares.
Among the financial institutions commercial banks accounts for more
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than 64% of the total financial sector assets. Thus financial
intermediation can enhance the growth of economy by pooling funds of
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small and scattered savers and allocating then for investment in anefficient manner by using their in formational advantage in the loan
market. They are the principal moblisers of surplus funds to productive
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activity and utilize this funds for capital formation hence promote the
growth.
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3. Commercial banking3.1
Evolution
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Enhancement of the RBI Act 1935 gave birth to scheduled banks in
India, and some of these banks had already been established around
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1881. The prominent among the scheduled banks is the AllahabadBank, which was set up in 1865 with European management. The first
bank which was established with Indian ownership and management
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was the Oudh Commercial Bank, formed in 1881, followed by the
Ayodhya Bank in 1884, the Punjab National Bank in 1894 and
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Nedungadi Bank in 1899. Thus, there were five Banks in existence inthe 19th century. During the period 1901-1914, twelve more banks
were established, prominent among which were the Bank of Baroda
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(1906), the Canara Bank (1906), the Indian Bank (1907), the Bank of
India (1908) and the Central Bank of India (1911).
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Thus, the five big banks of today had come into being prior to thecommencement of the First World War. In 1913, and also in 1929, the
Indian Banks faced serious crises. Several banks succumbed to these
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crises. Public confidence in banks received a jolt. There was a heavy
rush on banks. An important point to be noted here is that no
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commercial bank was established during the First World War, while as
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many as twenty scheduled banks came into existence afterindependence - two in the public sector and one in the private sector.
The United Bank of India was formed in 1950 by the merger of four
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existing commercial banks. Certain non-scheduled banks were
included in the second schedule of the Reserve Bank. In view of these
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facts, the number of scheduled banks rose to 81. Out of 81 Indianscheduled banks, as many as 23 were either liquidated or merged into
or amalgamated with other scheduled banks in 1968, leaving 58 Indian
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schedule banks.
It may be emphasized at this stage that banking system in India came
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to be recognized in the beginning of 20th century as powerfulinstrument to influence the pace and pattern of economic development
of the country. In 1921 need was felt to have a State Bank endowed
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with all support and resources of the Government with a view to
helping industries and banking facilities to grow in all parts of the
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country. It is towards the accomplishment of this objective that thethree Presidency Banks were amalgamated to form the Imperial Bank
of India. The role of the Imperial Bank was envisaged as "to extend
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banking facilities, and to render the money resources of India more
accessible to the trade and industry of this country, thereby promoting
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financial system which is an indisputable condition of the social andeconomic advancement of India."
Until 1935 when RBI came into existence to play the role of Central
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Bank of the county and regulatory authority for the banks, Imperial
Bank of India played the role of a quasi-central bank. It functioned as a
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commercial bank but at times the Government used it for regulating themoney supply by influencing its policies.
Thus, the role of commercial banks in India remained confined to
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providing vehicle for the community's savings and attending to the
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credit needs of only certain selected and limited segments of the
economy.
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3.2Financial services
Commercial banks are the heart of our financial system. They hold the
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deposits of millions of persons, governments and business units. They
make funds available through their lending and investing activities to
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borrowers - individuals, business firms, and governments. In doing so,they facilitate both the flow of goods and services from producers to
consumers and the financial activities of governments. They provide a
--- Content provided by FirstRanker.com ---
large portion of our medium of exchange and they are the media
through which monetary policy is effected. These facts obviou51y add
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up to the conclusion that the commercial banking system of the nationis important to the functioning of its economy.
Commercial banks playa very important role in our economy; in fact, it
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is difficult to imagine how our economic system could function
efficiently without many of their services. They are the heart of our
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financial structure, since they have the ability, in cooperation with theReserve Bank of India, to add to the money supply of the nation and
create additional purchasing power. Banks' lending, investments and
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related activities facilitate the economic processes of production,
distribution and consumption.
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The major task of banks and other financial institutions is to act asintermediaries, channelling savings into investment and consumption:
through them, the investment requirements of savers are reconciled
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with the credit needs of investors and consumers.
If this process of transference is to be carried out efficiently, it is
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absolutely essential that the banks are involved. Indeed, in performingtheir tasks, they realise important economies of scale: the savings
placed at their disposal are employed in numerous and large
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transactions adapted to the specific needs of borrowers. In this way,
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they are able to make substantial cost savings for both savers and
borrowers, who would otherwise have to make individual transactions
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with each other. However, there is more to these economies of scalethan just the cost aspect.
Commercial banks have been referred to as 'department stores of
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finance' as they provide a wide variety of financial services. In addition
to the acceptance of deposits, lending and investing, they provide a
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multitude of services, including transfer of funds, collection, foreignexchange, safe custody, safe deposit locker, traveller'5 cheque,
merchant banking services, credit cards, gift cheques, etc.
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Commercial Banks provide various securities related services.
Commercial banks in India have set up subsidiaries to provide capital
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market related services, recruitment banking merchant banking etc.Merchant banking services are activities i.e. counseling corporate
clients who are in need of capital on capital structure, from of capital to
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be raised, the terms and conditions of issue underwriting of the issue,
timing of the issue & preparation of prospectus and publicity for
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grooming the issue for the market. While providing these services theyact as sponsor of issue, render expert advice on matters pertaining to
investment decision, render the services as corporate counseling and
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advice on mergers acquisition and reorganization.
3.3
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Fiduciary ServicesFiduciary Services are those services which banks perform on behalf of
their client but do not show up on bank balance sheet. For Eg.
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employees pension fund, provident fund, profit shaving programmes
managed by banks on the behalf of Cos which are their client.
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In US, banks operate separate trust departments which manage thefunds of other for a fee under the guidance of a trust agreement. The
assets held in trust do not show up on bank balance sheet because they
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do not own by banks.
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3.4
Off-Balance Sheet Activities
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Banks assume contingent liabilities such as a guarantee of payment ofanother party, for a fee. Stand by letter of credit is another example
whereby a bank agrees to pay specified amount on presentation of
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evidence of default or non-performance of the party whose obligation
is guaranteed.
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In India the off-balance sheet activities of commercial banks includeforward exchange contracts, guarantees and acceptances and
endorsement. The off-balance sheet exposure of commercial banks was
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Rs. 5,84,441 crores in 1999-2000. The off-balance sheet exposure as a
proportion of total liabilities was 52.6% in 1999-2000
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l3.5Analysis Of Assets And Libilities Of Commercial Banks
The balance sheet is a statement of banks' liabilities and assets at
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particular time. Banks in India have to prepare their balance sheet and
profit and loss account in form set out in the III Schedule of the
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Banking Regulation Act, 1949.'The Banking Regulation Act and the Companies Act requires that the
balance sheet of a bank should give a true an~ fair view of its state of
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affairs and should be drawn within the prescribed form.
3.5.1 Liabilities of a Commercial Bank
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Of the total liabilities, 3-7 per cent are internal to the system, Le.,
liabilities to the banking system and borrowings from the Reserve
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Bank. The rest of total liabilities, i.e., 93-97% constitute the net: orexternal liabilities to others.
Liabilities to the banking system consist mainly of demand and time
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deposits from banks-60-80%. Borrowings from banks - 20-40%. There
is a residual term generally below 4% but. in the interval 1992-96, it
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was high at 12.4 - 18.5%.)--- Content provided by FirstRanker.com ---
Services provided by Commercial Bank
--- Content provided by FirstRanker.com ---
Primary Services
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
Secondary Services
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
Receiving of deposits--- Content provided by FirstRanker.com ---
Lending of Funds
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Financial ServicesNon Financial Services
3. Payment of Rents,
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1. Safe Custody
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1. OverdraftInsurance, premium
Deposits
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2. Cash Credit
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4. Collecting of2. Locker Facility
3. F.D.
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1. Saving
Time Liab.
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3. De
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m
Disacnod L
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unt ianb.g
cheques
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3. Transfer of Money
4. Recurring
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bank A/cof Bills
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5. Dealing in Foreign
deposits
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2. Current A/c4. ATM
4. Bills of
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Exchange
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5. Misc. typesExchange
5. Gift Cheques
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6. Merchant Banking
of deposits
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5. Loans &
6. Credit Cards
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7. Investment Banking
6. Cash
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Advance
certificates
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6. Guarantee
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.Deposits
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In the Liabilities to Others component, aggregate deposits constitute92-94%, borrowings are negligible being less than half a percent, and
the remainder is a residual term. Within aggregate deposits, 80-82%
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are time deposits and 18-20% are demand deposits. Since aggregate
deposits account for close to 90% of the total liabilities of the banking
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system, and this 90% is uniformly following the 80:20 rule, it appearsthat 70% of the liabilities of the banking system are contracted with
time covenants and only 20% without time covenants.
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The liabilities of a bank are grouped under the following heads:
1.
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Capital.2.
Reserve fund and other reserves.
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3.
Deposits
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(i) from the public--- Content provided by FirstRanker.com ---
(ii) from other banks.4.
Borrowings from other Banking Companies, Agents etc.
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5.
Bills payable.
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6.Other liabilities.
7.
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Profit & Loss.
8.
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Contingent liabilities.Bills for collection being bills receivable and acceptances, en-
dorsements and other obligations are shown on both sides. Hence, they
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are not generally considered as liabilities.
Capital - All banks need capital to cover and extend fixed assets and
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business investments, to enable trading to continue and increase, tomaintain the confidence of depositors and to ensure viability in the face
of loss arising from inevitable business and political fluctuation and
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uncertainty, particularly in an inflationary climate.
Reserves: Reserves of a bank also indicate the health of the institution.
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It is obligatory on the part of banks to transfer 20 per cent of profit toreserves to strengthen the capital base of the bank. Capital and reserves
together constitute the network of a bank.
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The reserve fund is built to meet unforeseen and unexpected
contingencies. It is a source of strength for the bank as it can withstand
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heavy losses. The reserve fund is invested in first class securities.This apart, banks are also permit1ed to build secret reserves too.
Deposits from Banks
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Deposits from banks and from the public are the life blood of
commercial banks. They are the chief sources of bank and account for
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approximately 83 per cent of bank liabilities. Banks deposits areclassified into (a) Fixed deposits (b) Savings bank deposits and (c)
Current deposits, contingency accounts etc. Contingency accounts
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include head office funds and other inter-bank and inter-branch
adjustments classified as deposit.
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Borrowing from other Banking Companies, AgentsWith a view to replenish their funds, banks borrow from the Reserve
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Bank of India (presently refinance is given for food credit and export
credit), bills rediscounted with the Reserve Bank. -In addition, banks
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borrow from other refinance bodies like IDBI, SIDBI, NABARD,
EXIMBANK, IFC, IRBI and other financial institutions. Bills
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Payable: Outstanding bills constitute the liability of a bank.Other Liabilities: Generally include provision of dividend, unclaimed
dividends, interest provision accounts and inter-office adjustments.
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3.5.2 Assets of a Commercial Bank: The assets of the commercial
bank are given on the right hand side of the balance sheet. These are
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grouped under following heads:1.
Cash - in hand and with Reserve Bank of India (including
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foreign currency notes.)2.
Balances with other banks - on current account and on deposit
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accounts.3.
Money at call and short notice.
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4.
Investments - (a) Central and State Government securities and
Treasury Bills (b) other Trustee securities (including shares
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which are Trustee securities).5.
Advances
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(i) Loans, cash credits, overdrafts etc.(ii) Bills discounted and purchased.
6.
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Premises less depreciation.7.
Furniture & Fixtures less depreciation.
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8.
Other assets
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Cash and BalancesAmong assets, the cash and balances with Reserve Bank component is
theoretically a function of the Cash Reserve Ratio (CRR) prescribed by
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the Reserve Bank in line with monetary and credit policy.
Investments
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The Investments component is ostensibly a function of the StatutoryLiquidity Ratio prescribed by the RBI in line with monetary and credit
policy.
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Credit
Credit is the broadest and most important component of the assets of
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the banking system. It is also the most complex because in developingeconomies, it is not merely an outcome of credit policy but also a tool
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of agricultural and industrial policy.
Within Bank credit, loans, cash credits and overdrafts constitute '90%
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and the rest are inland and foreign bills. Interestingly, the ratio ofinland to foreign bills has changed from 3:1 to 1:1 which is probably
due to the liberalisation of foreign trade as well as export finance
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coming under the scheme of priority sector advances
There are off balance sheet liabilities also, known as contingent
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liabilities like claims against the bank, guarantees and letters of creditissued on behalf of the customers, liabilities on account of outstanding
forward exchange contracts, etc.
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Size
The assets and liabilities of all scheduled commercial banks (SCBs) as
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at of march 2000 are presented in table 3.1Assets of Rs. 11,10,368crores consist of cash in hand balances with RBI of Rs.85,371 cores
(7.69%of total assets ) assets with banking system of Rs.81.019 crores
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(7.30%) investments of Rs.4,13,871 crores (37.%27) bank credit of
Rs.4,43,469 crores (39.94%).
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liabilities of all scheduled commercial banks, Rs.11,10,368 croresconsists of capital of Rs,18,447 crores (1.66%) reserves and surplus of
Rs. 43.834 crores (3.95%) and deposits from public of Rs. 9,00,307
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crores (81.1%).
Assets and Liabilities of Scheduled Commercial Banks, March 31,2000
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4.Central Banking
4.1
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Introduction
The pattern of central banking in India was based on the Bank of
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England. England had a highly developed banking system in which thefunctioning of the central bank as a banker's bank and their regulation
of money supply set the pattern. The central bank's, function as 'a:
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lender of last resort' was oil the condition that the banks maintain stable
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cash ratios as prescribed from time to time. The effective functioning
of the British model depends on an active securities market where open
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market operations can be conducted at the discount rate. Theeffectiveness of open market operations however depends on the
member banks' dependence on the central bank and the influence it
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wields on interest rates. Later models, especially those in developing
countries showed that central banks play an advisory role and render
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technical services in the field of foreign exchange, foster the growth ofa sound financial system and act as a banker to government.
.
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Liabilities
Rs.
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% AssetsRs.
%
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Crores
Crores
--- Content provided by FirstRanker.com ---
1. Capital18,447
1.66 Cash and
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85,371 7.69%
Balance
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2. Reserves &43,834
3.95 with RBI
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Surplus--- Content provided by FirstRanker.com ---
Balances with81,019
7.30
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banks
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and money at
--- Content provided by FirstRanker.com ---
call
--- Content provided by FirstRanker.com ---
and short
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
notice3. Deposits
900,307 81.08 Investments
--- Content provided by FirstRanker.com ---
4,13,871 37.27
Demand
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1,29,339 11.65 Government2,88,178 25.95
Savings
--- Content provided by FirstRanker.com ---
1,88,483 16.97 securities
--- Content provided by FirstRanker.com ---
Term
5,82,485 52.46 Other
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25,243
2.27
--- Content provided by FirstRanker.com ---
approved--- Content provided by FirstRanker.com ---
Non approved 1,00,450
9.05
--- Content provided by FirstRanker.com ---
4. Borrowings43,350
4.09 Loans and
--- Content provided by FirstRanker.com ---
4,43,469 39.94
Advances
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5. Other1,02,420
9.22 Bills
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43,051
3.88
--- Content provided by FirstRanker.com ---
purchasedLiabilities
--- Content provided by FirstRanker.com ---
and discount
--- Content provided by FirstRanker.com ---
and
Provisions
--- Content provided by FirstRanker.com ---
Cash Credit
--- Content provided by FirstRanker.com ---
2,41,596 21.76and over
drafts
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
(Unclassified
--- Content provided by FirstRanker.com ---
Terms
1,58,822 14.30
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liabilities todeposit
banking system
--- Content provided by FirstRanker.com ---
Fixed
--- Content provided by FirstRanker.com ---
15,4801.39
and
--- Content provided by FirstRanker.com ---
Assets
participation
--- Content provided by FirstRanker.com ---
Other
71,158
--- Content provided by FirstRanker.com ---
6.41
certificates
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assetsissued by SCBS
Total
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11,10,368 100.0 Total11,10,368 100.0
Liabilities
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assets
4.2
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Instruments Of Monetary ControlOne of the most important functions of a central bank is monetary
management-regulation of the quantity of money and the supply and
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availability of credit for industry, business and trade. !be monetary or
credit management activities of the bank are of two types: general
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monetary' and credit management functions-total supply of money andcredit and the general level of interest rates. The central bank relies on
two types of instruments. the direct and the indirect. The direct
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instruments of monetary control are reserve requirements, administered
interest rates and credit controls; and the indirect instrument of control
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is open market operation.--- Content provided by FirstRanker.com ---
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Fig. : The Instruments of Monetary Policy
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Bank rate policy
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Bank rate is the rate charged by the central bank for rediscounting firstclass bills of exchange and government securities held by Commercial
Banks.
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The Bank rate policy affects the cost and availability of credit to the
Commercial Banks.
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When there is inflation the central bank raises the bank rate. This willraise the cost of borrowing of the Commercial Banks, so they will
charge a higher rate of interest on their loans and advances to the
--- Content provided by FirstRanker.com ---
customer. This would lead to following effects:
i)
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Rise in market rate of interestii)
Rise in the cost of borrowing money from the banks
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iii)
Decline in demand for credit leading, to contraction of
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credit.When there is deflation in the economy, the central bank will lower the
bank rate. Opposite trend takes place leading to expansion of credit to
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the economy.
In short, an increase in the bank rate leads to rise in the rate of interest
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and contraction of credit, which in turn adversely affects investmentactivities and the economy as a whole.
Similarly, a lowering of bank rate will have a reverse effect. When the
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bank rate is lowered money market rate falls. Credit becomes cheaper.
People borrow, these leads to expansion of credit. This increases
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investment, which leads to employment and increase in production.Economy gradually progresses.
In India, the bank rate has been of little significance except as an
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indicator of changes in the direction of credit policy. The bank rate was
changed nine times during the period 1951-74, but only thrice during
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1975-96. In 1997, it was changed thrice; in 1998 four times, twice in1999 and once in 2000. It should become effective in the near future
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since interest rates have been deregulated and market determined
through the adoption of auction procedure for treasury bills and
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government securities. Variations in bank rate have little significance
in a scenario where hardly any rates are linked to it and the amount of
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refinance extended to banks at this rate is minimal.Open Market Operations
The technique of open market operations as an instrument of credit
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control is superior to bank rate policy. The need for open market
operation was felt only when the bank rate policy turned out to be a
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rather weak, instrument of monetary control. According to someexperts, bank rate policy and open market operations are
complementary measures in the area of monetary management.
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Open market operation is mainly related to the sale of government
securities and during the busy s4eason, they sell the securities. When
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commercial banks sell the securities and when RBI purchases them,The reserve position of the banks is improved and they can expand
their credit to meet growing demands.
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Cash Reserve Ratio
The commercial banks have to keep with the central bank a certain
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percentage of their deposits in the form of cash reserves. In Indiainitially CRR was 5 percent. In 1962 RBI was empowered to vary it
between 3 to 15 percent since then it has been increased or decreased a
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number of times.
Increasing the CRR leads to credit contraction and reducing it will lead
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to credit expansion.The CRR is applicable to all scheduled banks including scheduled
cooperative banks and the Regional Rural Banks (RRBs) and non
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scheduled banks. However, cooperative banks, RRBs, the non
scheduled banks have to maintain the CRR of only 3 percent and so
--- Content provided by FirstRanker.com ---
far it has not been changed the RBI. The CRR for both the types of--- Content provided by FirstRanker.com ---
Non-Resident Indians (NRI) the RBI. The CRR for both the types ofNon-Resident Indians (NRI) accounts Non-Resident (External) Rupee
Account (NR(E)RA) and Foreign Currency (Non-Resident Accounts
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(FCNRA) - was the same as for other types of deposits till 9th April
1982, the CRR for these accounts was fixed at 3 percent. Subsequently,
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it was raised from time to time. For example in July 1988, it was raisedfrom 9.5 percent to 10 percent.
The RBI has powers to impose penal interest rates on banks in respect
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of their shortfall in the prescribed CRR). CRR has been reduced to 10
percent in January 1997 and further to 8 percent (in stages of 0.25
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percent per quarter over a two year period) and inter bank depositshave been exempted from April 1997.
Statutory Liquidity Ratio
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Under the Banking Regulation Act (sec 24(2A? as amended in 1962,
banks have to maintain a minimum liquid assets of 25 per cent of their
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demand and time liabilities in India. The Reserve Bank has, since1970, imposed a much higher percentage of liquid assets to restrain the
pace of expansion of bank credit. SLR was fixed at 31.5 percent of the
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net domestic and time liabilities (NDTL) on the base date 30-9-1994;
and for any increase in NDTL over the level as on September 30, 1994,
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the SLR was fixed at 25 per cent. Inter bank deposits have been takenout of NDTL in April1997. The overall effective SLR was estimated at
28.2 per cent at the end of March 1995 and reduced to 25 per cent in
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October 1997. The average investments in Government securities to
deposits (lGS-D ratio) actually increased from 25.3% in'1980s to
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30.4% in 1990 on account of introduction of prudential norms whichimparted discipline in extending credit and auctions of government
securities at market related rates.
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Selective Credit Controls
Selective credit controls have been used by the bank mainly with a
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view to restraining excessive speculative stock-building of
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commodities in short supply either as a result of a crop shortage or as aresult of a fall in the production of manufactured articles following raw
materials shortages, etc. The commodities in respect of which these
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articles of consumption or items important for exports are food grains,
oilseeds, jute, cotton textiles and sugar.
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These controls have takenthe form of objectives to increase the margin requirements, to regulate
the size of credit limit per borrower with a view to ensure maintenance
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of an aggregate level of credit against a particular commodity at a
certain level which may have reference to the level of credit
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maintained in the corresponding period in the past, etc. Adjustments tosuit the needs of the economy in a particular region have also been
incorporated in these controls. Besides exercising control on bank
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credit against the security of particular commodities in short supply,
the Reserve Bank has also endeavoured to control excessive borrowing
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from the banking system by way of clean advances or against thesecurity of other assets, such as share and stocks.
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The main instruments of selective controls in India are:
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(a) Minimum margins (in a secured advance, the "margin" represents aportion of the value of the security charged to the bank, which is
expected to have been paid for by the borrower out of his own
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resources) for lending against selected commodities;
(b) Ceilings on the levels. of credit; and
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(c) Charging minimum rate of interest on advances against specifiedcommodities. While the two instruments control the quantum of credit,
the third instrument works as leverage on the cost of credit. On the
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whole, the banking system in India has shown a good appreciation of
the needs of such controls and has co-operated quite well. As regards
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their overall efficiency, the experience in India has been the same asthat of most other countries, namely, that their effectiveness in general
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is comparatively limited. Generally, they are successful if employed in
combination with measures of general credit control.
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CREDITRESTRICTION
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COTNROL
OF CREDIT
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MARGIN
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CREDIT
REQUIREMENT
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PLANNING--- Content provided by FirstRanker.com ---
SELECTIVE CREDIT CONTROLS
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Moral Suasion
Fig. : Forms of Selective Credit Control
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Moral suasion refers to the advice or indication given by the central
bank, generally to banks and sometimes to other financial institutions
also, in the matter of their lending and other operations with the
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objective that they might implement or follow it. Moral suasion may be
quantitative in content, such as fixation of the aggregate amount of
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credit to be granted by banks during a period, or caution to beexercised in granting advances against commodities whose prices are
subject to speculative tendencies. Periodically, letters are issued to
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banks urging them to exercise control over credit in general or
advances against specified commodities or unsecured advances in
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particular. Discussions are also held from time to time with banks withthe same objective. Wherever the use of moral suasion is possible, it
makes it easier for the central bank to secure the willing and active co-
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operation of commercial banks in complying with the regulatory
measures, both in letter and in spirit; it also enables the central bank to
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exert influence not only on the borrowing banks (which is possible bydirect action) but also on the non-borrowing banks, and other credit
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and financial institutions, whose operations are significant enough to
affect the credit policy of the central bank.
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MORAL SUASION
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P
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ERSUATION
REQUEST
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FORMAL LETTERS
PERIODICAL MEETING
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BUDGET DISCUSSION
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Fig.: Indicates Ways and Means of Moral Suasion--- Content provided by FirstRanker.com ---
Credit Authorisation SchemeThe Credit Authorization Scheme was introduced by the Reserve Bank
in November 1965 as an additional measure of credit regulation in the
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context of the Bank's policy of keeping inflationary pressures under
check. The other main objectives of the scheme were to enforce
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financial discipline on the larger borrowers and ensure that they did notpre-empt scarce bank resources. Under the scheme, the Reserve Bank
regulates not only the quantum but also the terms on which credit flows
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to the different large borrowers, in order that credit is directed to
genuine productive purposes, that it is in accord with the needs of the
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borrowers, and that there is no undue channelling of credit to anysingle borrower or group of borrowers.
Originally, the scheduled commercial banks were required to obtain the
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Reserve Bank's prior authorisation for sanctioning any fresh working
capital limit (including commercial bill discounts) of Rs.1 crore or
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more to any single party or any limit that would take the total limits
enjoyed by such a party from the entire banking system to Rs.1 crore or
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more on secured and/or unsecured basis. The scheme has been
modified from time to time in the light of the prevailing economic
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situation. Thus, in exceeding Rs.25 lakhs and repayable over a periodof more than 3 years sanctioned (singly or jointly with other banks or
financial institutions) to any single party, irrespective of the totality of
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the credit limits available to it from the banking system as a whole.
This modification was made in order that borrowers might not avoid
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the discipline sought to be enforced by the specialised term-lendinginstitutions. Further, borrowings by the public sector undertakings,
including State Electricity Boards, advances against the guarantees of
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Central" and State Governments, which were exempted from the
requirement of and Reserve Bank's prior authorisation was required for
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sanctioning any credit limit (including commercial bill discounts) ofRs.3 crores or more to any single borrower, or any limit that would
take the total limits enjoyed by such a borrower from the entire
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banking system to Rs. 3 crores or more on secured and/or unsecured
basis.
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4.3Reserve bank of India
The Reserve Bank of India (RBI) is the apex financial institution of the
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country's financial system entrusted with the task of control,
supervision, promotion, development and planning. RBI is the queen
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bee of the Indian financial system which influences the commercialbanks' management in more than one way. The RBI influences the
management of commercial banks through its various policies,
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directions and regulations. Its role in bank management is quite unique.
In fact, the RBI performs the four basic functions of management, viz.,
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planning, organising, directing and controlling in laying a strongfoundation for the functioning of commercial bank
--- Content provided by FirstRanker.com ---
From Private Ownership to State Ownership
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Originally, the Reserve Bank was constituted as a shareholders' bank,
based on the model of leading foreign central banks of those days. The
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bank's fully-paid share capital was Rs.5 crores dividend into shares ofRs.100 each. Of this, Rs.4,97,80,000 were subscribed by the private
shareholders and Rs.2,20,000 were subscribed by the Central
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Government for disposal of 2,200 shares at par to the Directors of
Bank (including members of the Local Boards) seeking the minimum
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share qualification. The share capital of the bank has remainedunchanged until today .
Objectives of the Reserve Bank of India
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The Preamble to the Reserve Bank of India Act, 1934 spells out the
objectives of the Reserve Bank as: "to regulate the issue of Bank notes
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and the keeping of reserves with a view to securing monetary stabilityin India and generally to operate the currency and credit system of the
country to its advantage."
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Prior to the establishment of the Reserve Bank, the Indian financial
system was totally inadequate on account of the inherent weakness of
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the dual control of currency by the Central Government and of creditby the Imperial Bank of India. The Hilton-Young Commission,
therefore, recommended that the dichotomy of functions and division
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of responsibility for control of currency and credit and the divergent
policies in this respect must be ended by setting-up of a central bank -
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called the Reserve Bank of India - which would regulate the financialpolicy and develop banking facilities throughout the country. Hence,
the Bank was established with this primary object in view.
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Another objective of the Reserve Bank has been to remain free from
political influence and be in successful operation for maintaining
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financial stability and credit.--- Content provided by FirstRanker.com ---
The fundamental object of the Reserve Bank of India is to dischargepurely central banking functions in the Indian money market, i.e., to
act as the note-issuing authority, bankers' bank and banker to
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government, and to promote the growth of the economy within the
framework of the general economic policy of the Government,
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consistent with the need of maintenance of price stability.A significant object of the Reserve -Bank of India has also been to
assist the planned process of development of the Indian economy.
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Besides the traditional central banking functions, with the launching of
the five-year plans in the country, the Reserve Bank of India has been
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moving ahead in performing a host of developmental and promotionalfunctions, which are normally beyond the purview of a traditional
Central Bank.
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Functions
The Reserve Bank of India performs all the typical functions of a good
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Central Bank. In addition, it carries out a variety of developmental andpromotional functions attuned to the course of economic planning in
the country:
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(1)
Issuing currency notes, Le., to act as a currency authority.
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(2)Serving as banker to the Government.
(3)
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Acting as bankers' bank and supervisor.
(4)
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Monetary regulation and management(5)
Exchange management and control.
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(6)
Collection of data and their publication.
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(7)Miscellaneous developmental and promotional functions and
activities.
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(8)Agricultural Finance.
(9)
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Industrial Finance
(10) Export Finance.
(11) Institutional promotion
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Bank Issue:
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Under Section 22 of the Reserve Bank of India Act, the bank has thesole sight to issue bank notes of all denominations. The notice issued
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by the Reserve bank has the following advantages:
(i)
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It brings uniformity to note issue;
(ii) It is easier to control credit when there is a single agency of
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note issue.(iii) It keeps the public faith in the paper currency alive;
(iv) It helps in the stabilization of the internal and external value of
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the currency and
(v) Credit can be regulated according to the needs of the business.
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Since 1957 the Reserve Bank of India is required to maintain gold andforeign exchange reserves of Rs.200 Crores, of which atleast Rs.15
crores should be in gold. The system of note issue as it exists today is
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known as the minimum reserve system. The currency notes issued by
the Bank arid legal tender every Where in India without any limit. At
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present, the Bank issues notes in the following denominations: Rs. 2, 5,10, 20, 50 100, and 500. The responsibility of the Bank is not only to
put currency into, or withdraw it from, the circulation but also to
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exchange notes and coins of one denomination into those of other
denominations as demanded by the public. All affairs of the Bank
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relating to note issue are conducted through its Issue Department.Banker, Agent and Financial Advisor to the State
As a banker agent and financial advisor to the State, the Reserve Bank
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performs the following functions:
(i) It keeps the banking accounts of the government.
(ii)
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It advances short-term loans to the government and raises loans
from the public
(iii) It purchases and sells through bills and currencies on behalf to
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the government.
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(iv) It receives and makes payment on behalf of the government:(v) It manages public debt and
(vi) It advises the government on economic matters like deficit
financing price stability, management of public debts. etc.
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Banker to the Banks:
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It acts as a guardian for the commercial banks. Commercial banks arerequired to keep a certain proportion of cash reserves with the Reserve
bank. In lieu of this, the Reserve bank 0 them various facilities like
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advancing loans, underwriting securities etc.,
The RBI controls the volume of reserves of commercial banks and
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thereby determines the deposits/credit creating ability of the banks. Thebanks hold a part or all of their reserves with the RBI. Similarly, in
times of their needs, the banks borrow funds from the RBI. It is,
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therefore, called the bank of last resort or the lender of last resort.
Custodian of Foreign Exchange Reserves
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It is the responsibility of the Reserve bank to stabilize the externalvalue of the national currency. The Reserve Bank keeps golds and
foreign currencies as reserves against note issue and also meets adverse
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balance of payments with other counties. It also manages foreign
currency in accordance with the controls imposed by the government.
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As far as the external sector is concerned, the task of the RBI has thethe following dimensions: (a) to administer the foreign Exchange
Control; I) to choose ,the exchange rate system and fix or manages the
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exchange rate between the rupee and other currencies; (c) to manage
exchange reserves; (d) to interact or negotiate with the monetary
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authorities of the Sterling Area, Asian Clearing Union, and othercountries, and with International financial institutions such as the IMF,
World Bank, and Asian Development Bank.
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The RBI is the custodian of the country's foreign exchange reserves, id
it is vested with the responsibility of managing the investment and
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utilization of the reserves in the most advantageous manner. The RBIachieves this through buying and selling of foreign exchange market,
from and to schedule banks, which, are the authorized dealers in the
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Indian, foreign exchange market. The Bank manages the investment of
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reserves in gold counts abroad' and the shares and securities issued by
foreign governments and international banks or financial institutions.
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Lender of the Last ResortAt one time, it was supposed to be the most important function of the
Reserve Bank. When Commercial banks fail to meet obligations of
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their depositors the Reserve Bank comes [b their rescue As the lender
of the last resort, the Reserve Bank assumes the responsibility of
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meeting directly or indirectly all legitimate demands foraccommodation by the Commercial Banks under emergency
conditions.
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Banks of Central Clearance, Settlement and Transfer
The commercial banks are not required to settle the payments of their
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mutual 1000nsactions in cash, It is easier to effect clearance andsettlement of claims among them by making entries in their accounts
maintained with the Reserve Bank, The Reserve Bank also provides
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the facility for transfer to money free of charge to member banks.
Controller of Credit
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In modern times credit control is considered as the most crucial andimportant functional of a Reserve Bank. The Reserve Bank regulates
and controls the volume and direction of credit by using quantitative
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and qualitative controls. Quantitative controls include the bank rate
policy, the open market operations, and the variable reserve ratio.
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Qualitative or selective credit control, on the other hand includesrationing of credit, margin requirements, direct action, moral suasion
publicity, etc. Besides the above mentioned traditional functions, the
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Reserve Bank also performs some promotional and supervisory
functions. The Reserve Bank promotes the development of agriculture
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and industry promotes rural credit, etc. The Reserve Bank also acts asan agent for the international institutions as I.M.F., I.B.R.D., etc.
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Supervisory Functions
In addition to its traditional central banking functions, the Reserve
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Bank has certain non- monetary functions of the nature of supervision
of banks and promotion of sound banking in India. The supervisory
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functions of the RBI have helped a great deal in improving the methodsof their operation. The Reserve Bank Act, 1934, and I Banking
Regulation Act, 1949 have given the RBI wide powers of:
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(i)
Supervision and control over commercial and cooperative
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banks, relating to licensing and establishments.(ii)
Branch expansion.
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(iii)
Liquidity of their assets.
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(iv)Management and methods of working, amalgamation
reconstruction and liquidations;
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(v)
The RBI is authorized to carry out periodical inspections off
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the banks and to call for returns and necessary informationfrom them.
Promotional Role
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A striking feature of the Reserve Bank of India Act was that it made
agricultural credit the Bank's special responsibility. This reflected the
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realisation that the country's central bank should make special efforts todevelop, under its direction and guidance, a system of institutional
credit for a major sector of the economy, namely, agriculture, which
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then accounted for more than 50 per cent of the national income.
However, major advances in agricultural finance materialised only
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after India's independence. Over the years, the Reserve Bank hashelped to evolve a suitable institutional infrastructure for providing
credit in rural areas.
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Another important function of the Bank is the regulation of banking.
All the scheduled banks are required to keep with the Reserve Bank a
--- Content provided by FirstRanker.com ---
consolidated 3 per cent of their total deposits, and the Reserve Bank--- Content provided by FirstRanker.com ---
has power to increase this percentage up to 15. These banks must havecapital and reserves of not less than Rs.5 lakhs. The accumulation of
these balances with the Reserve Bank places it in a position to use
--- Content provided by FirstRanker.com ---
them freely in emergencies to support the scheduled banks themselves
in times of need as the lender of last resort. To a certain extent, it is
--- Content provided by FirstRanker.com ---
also possible for the Reserve Bank to influence the credit policy ofscheduled banks by means of an open market operations policy, that is,
by the purchase and sale of securities or bills in the market. The
--- Content provided by FirstRanker.com ---
Reserve bank has another instrument of control in the form of the bank
rate, which it publishes from time to time.
--- Content provided by FirstRanker.com ---
Further, the Bank has been given the following special powers tocontrol banking companies under the Banking Companies Act, 1949:
(a)
--- Content provided by FirstRanker.com ---
The power to issue licenses to banks operating in India.
(b)
--- Content provided by FirstRanker.com ---
The power to have supervision and inspection of banks.(c)
The power to control the opening of new branches.
--- Content provided by FirstRanker.com ---
(d)
The power to examine and sanction schemes of arrangement
and amalgamation.
--- Content provided by FirstRanker.com ---
(e)
The power to recommend the liquidation of weak banking
companies.
--- Content provided by FirstRanker.com ---
(f)
The power to receive and scrutinize prescribed returns, and to
call for any other information relating to the banking business.
--- Content provided by FirstRanker.com ---
(g)
The power to caution or prohibit banking companies generally
or any banking company in particular from entering into any
--- Content provided by FirstRanker.com ---
particular transaction or transactions.(h)
The power to control the lending policy of, and advances by
--- Content provided by FirstRanker.com ---
banking companies or any particular bank in the public interestand to give directions as to the purpose for which advances
mayor may not be made, the margins to be maintained in
respect of secured advances and the interest to be charged on
advances.
--- Content provided by FirstRanker.com ---
5.
PUBLIC DEBT
--- Content provided by FirstRanker.com ---
Public debt is raised by governments to meet the gap between budgeted
receipts and payments. Public debt has far reaching consequences upon
--- Content provided by FirstRanker.com ---
production and distribution of a country. Public debt is thusgovernment or state debt. The state generally borrows to:
--- Content provided by FirstRanker.com ---
(i)
to meet budget deficits;
--- Content provided by FirstRanker.com ---
(ii)
to cover other expenses; and
--- Content provided by FirstRanker.com ---
(iii)to finance development activities.
5.1
--- Content provided by FirstRanker.com ---
Classification of Public Debt
Public debts have been classified into two broad groups - internal and
--- Content provided by FirstRanker.com ---
external debt. Internal debts are loans raised within the country.External debts are cumulative amount raised outside the country by the
government and others.
--- Content provided by FirstRanker.com ---
Internal Debt
Internal debt of the Government of India comprises of market loans,
--- Content provided by FirstRanker.com ---
treasury bills, special securities issued to the Reserve Bank, andInternational financial institution and others.
Other liabilities (rupee debt under the public account) comprises of
--- Content provided by FirstRanker.com ---
small savings, provident funds (State Provident Funds and Public
Provident Funds), other accounts (mainly postal insurance and Life
--- Content provided by FirstRanker.com ---
Annuity Fund, Special Deposits etc.) reserve funds.The Indian debt market includes the money market and the band
market. While the money make is fairly well developed with a wide
--- Content provided by FirstRanker.com ---
range of instruments and a fairly large turnover, the secondary market
for bonds has been primitive and stunted. He instruments traded in the
--- Content provided by FirstRanker.com ---
debt market include Government of India Securities, Treasury Bills,State Government Securities, Government guaranteed bands, PSU
bonds, corporate debentures, commercial papers and certificates of
--- Content provided by FirstRanker.com ---
deposit.
The principal regulatory authorities of the debt market are Ministry of
--- Content provided by FirstRanker.com ---
Finance and the Department of Company Affairs, Government ofIndia, the Reserve Bank of India and the Securities and Exchange
Board of India (SEBI). In addition, there are a few associations of
--- Content provided by FirstRanker.com ---
intermediaries such as brokers, merchant bankers and fund managers in
the securities industry, some of whom are planning to evolve into self-
--- Content provided by FirstRanker.com ---
regulatory organizations.
--- Content provided by FirstRanker.com ---
DEBT MARKET ISSUERS, INSTRUMENTS AND INVESTORS
Issuer
--- Content provided by FirstRanker.com ---
Instruments
Issuance
--- Content provided by FirstRanker.com ---
Major InvestorsMaturity
Government of Govt. Securities 2 to 10 years
--- Content provided by FirstRanker.com ---
Banks,
LIC,
--- Content provided by FirstRanker.com ---
IndiaUTI, RBI
Government of T- Bills
--- Content provided by FirstRanker.com ---
91 days and Banks,
LIC,
--- Content provided by FirstRanker.com ---
India364 days
UTI, RBI
--- Content provided by FirstRanker.com ---
Government of Zero
Coupon 5 to 10 years
--- Content provided by FirstRanker.com ---
Banks,LIC,
India
--- Content provided by FirstRanker.com ---
Bonds
UTI, RBI, MFs.
--- Content provided by FirstRanker.com ---
StateState
5 to 10 years
--- Content provided by FirstRanker.com ---
Banks,
LIC,
--- Content provided by FirstRanker.com ---
GovernmentGovernment
PFs.
--- Content provided by FirstRanker.com ---
Securities
Development
--- Content provided by FirstRanker.com ---
Government5 to 10 years
Banks,
--- Content provided by FirstRanker.com ---
LIC,
Financial
--- Content provided by FirstRanker.com ---
GuaranteedPFs
Institutions
--- Content provided by FirstRanker.com ---
Bonds
(DFIs),
--- Content provided by FirstRanker.com ---
StateElectricity
Boards
Public
--- Content provided by FirstRanker.com ---
Sector PSU Bonds
5 to 10 years
--- Content provided by FirstRanker.com ---
Banks,UTI,
Undertakings
--- Content provided by FirstRanker.com ---
Corporates,
MFs
Private
--- Content provided by FirstRanker.com ---
Sector Corporate
10 to 12 years UTI,
--- Content provided by FirstRanker.com ---
OtherCorporates
Debentures
--- Content provided by FirstRanker.com ---
MFs, LIC, GIC,
Fls
Public
--- Content provided by FirstRanker.com ---
and Commercial
3 months to 1 Banks,
--- Content provided by FirstRanker.com ---
MFs,Private
Sector Papers
--- Content provided by FirstRanker.com ---
year
Fls
--- Content provided by FirstRanker.com ---
CorporatesBanks
and Certificates of 3 months to 1 Banks,
--- Content provided by FirstRanker.com ---
FinancialDeposit
year (Banks) Corporates,
--- Content provided by FirstRanker.com ---
Institutions
1-3 years (fls) MFs
--- Content provided by FirstRanker.com ---
External Debt
Under the Constitution, the Central Government but not State
--- Content provided by FirstRanker.com ---
Governments, has access to external debt. However, Government of
India has not been borrowing externally on commercial terms so far
--- Content provided by FirstRanker.com ---
and its borrowings have been limited to external assistance mainlyfrom other Governments and multilateral sources such as IBRD, IDA,
etc. Public enterprises could, however, resort to external borrowings on
--- Content provided by FirstRanker.com ---
concessional terms also through on-lending arrangements with
--- Content provided by FirstRanker.com ---
Government, though more recently, in termediation of government hasbeen dispensed with.
At the end of March 1996, total external liabilities of the Central
--- Content provided by FirstRanker.com ---
Government represented only about 8 per cent of total liabilities of the
Central Government (21 per cent, if external liabilities are valued at
--- Content provided by FirstRanker.com ---
current exchange rates) signifying that only a modest proportion of thegross fiscal deficit has been financed over the years through external
debt. Earlier, when Government of India borrowed under external
--- Content provided by FirstRanker.com ---
assistance to finance State Government projects. it would pass on a
portion to State Governments as additionality to central plan assistance
--- Content provided by FirstRanker.com ---
for concerned state on terms as applicable to such central assistance.Now, it passes on the entire amount of external assistance as
additionality. Further, States are now permitted to enter into dialogue
--- Content provided by FirstRanker.com ---
with multilateral agencies like World Bank.
At present, India's external debt is presented on the basis of original
--- Content provided by FirstRanker.com ---
maturity. In conventional analysis, the stock of debt by originalmaturity expressed as a ratio of GDP has been regarded as a measure
of the long-term sustainability of debt and the overall solvency of the
--- Content provided by FirstRanker.com ---
country. However, the recent experience of the Asian crisis has shown
that another wise solvent economy, as reflected in its debt by original
--- Content provided by FirstRanker.com ---
maturity, may suffer a serious liquidity problem when its debtservicing burden exceeds its stock of foreign exchange reserves and its
ability to contract new debt or extend the old debt. In the event of a
--- Content provided by FirstRanker.com ---
shift in market sentiment, the country might experience a debt crisis
which may not be signaled in the standard measures of debt
--- Content provided by FirstRanker.com ---
sustainability. This is especially true in the context of short-term debt;inability to capture roll-overs, and the cross-border bank liabilities
imposes a downward bias on debt measured by original maturity. As
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against this, debt by residual maturity provides a true picture of the
--- Content provided by FirstRanker.com ---
impact of maturing debt on the foreign exchange market. It also
enables authorities to prospectively fine tune debt management
--- Content provided by FirstRanker.com ---
instruments, such as ceilings and interest rates, to ensuresubstainability of external payments and brings about an integration of
external debt statistics with the balance of payments.
--- Content provided by FirstRanker.com ---
The external debt stock of India stood at Rs. 4,93,502 crore at end
September 2002 as against Rs. 4,78,782 crore a year ago. Despite
--- Content provided by FirstRanker.com ---
increasing trend of external debt in the recent years, the key debtindicators has considerably improved over time. The external debt to
GDP ratio, signifying the extent of external debt vis-a-vis domestic
--- Content provided by FirstRanker.com ---
output, declined from 24.3 per cent at end-March 1998 to 20.9 per cent
as at end-March 2002 and further down to 20.1 per cent at end-
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September 2002. Debt service to current receipts ratio that signifiescapacity of the country to meet its debt service obligations, improved
from 19.5 per cent in 1997-98 to 13.8 per cent in 2001-02. Short-term
--- Content provided by FirstRanker.com ---
debt (debt with original maturity of up to one year) has also declined
steadily from US $ 5.05 billion at end-March 1998 to US $ 2.75 billion
--- Content provided by FirstRanker.com ---
at end March 2002, but has moved up to US $ 3.04 billion at end-September 2002 revealing a decline in share of short-term debt to total
external debt from 5.4 per cent at end-March 1998 to 3.0 per cent at
--- Content provided by FirstRanker.com ---
end-September 2002. Similarly, short-term debt to foreign currency
assets ratio has also declined consistently from 19.4 per cent at end-
--- Content provided by FirstRanker.com ---
March 1998 to 5.4 per cent at end-March 2002 and further to 5.1 percent at end-September 2002.
Of the total public liabilities of the Government, external debt is about
--- Content provided by FirstRanker.com ---
10 per cent and internal debt is about 90 per cent. External debt relates
to all loans raised outside India and repayable to the foreign
--- Content provided by FirstRanker.com ---
governments, foreign nationals and international bodies. The increasein external debt was on account of the revaluation of the non-US dollar
components of the debt stock. The increase in foreign currency assets
--- Content provided by FirstRanker.com ---
pushed up the foreign exchange reserves to Rs. 79,780 crore at the end
--- Content provided by FirstRanker.com ---
of March 1995.
According to the RBI, external debt as percentage of GDP at current
--- Content provided by FirstRanker.com ---
market prices stood at 32.9 per cent in March 1995. The debt serviceratio, however, was higher at 27.1 per cent.
A unique feature of our external debt lies in its structure. That is,
--- Content provided by FirstRanker.com ---
probably, the reason why the IMF isn't terribly worried. Thirty-four per
cent of our external debt is owed to multilateral financial institutions,
--- Content provided by FirstRanker.com ---
like the World Bank and the IMF, and another 18 per cent is owed tobilateral aid agencies. Another feature is that over a third of our
external debt is concessional debt.
--- Content provided by FirstRanker.com ---
EXTERNAL DEBT BURDEN
End-March
--- Content provided by FirstRanker.com ---
19911996
2000
--- Content provided by FirstRanker.com ---
2001
2002
--- Content provided by FirstRanker.com ---
(R)(R)
1.Multilateral
--- Content provided by FirstRanker.com ---
40,386
98,173 1,37,132 1,45,105 1,55,662
--- Content provided by FirstRanker.com ---
BorrowingsA-Government
38,429
--- Content provided by FirstRanker.com ---
89,428 1,20,321 1,27,886 1,38,025Borrowings
B.Non-
--- Content provided by FirstRanker.com ---
8,745
16,811
--- Content provided by FirstRanker.com ---
17,219
17,607
--- Content provided by FirstRanker.com ---
GovernmentBorrowings
II. Bilateral
1,957
--- Content provided by FirstRanker.com ---
79,278
--- Content provided by FirstRanker.com ---
74,51974,878
A.Government
--- Content provided by FirstRanker.com ---
27,378
65,740
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
Borrowings
B.Non
23,065
--- Content provided by FirstRanker.com ---
53,119
60,920
--- Content provided by FirstRanker.com ---
56,80256,299
Gov4ernment
--- Content provided by FirstRanker.com ---
borrowingsIII.International
4,315
--- Content provided by FirstRanker.com ---
12,62118,358
17,717
--- Content provided by FirstRanker.com ---
18,579
Monetary Fund
IV.Export
--- Content provided by FirstRanker.com ---
5,132
8,152
--- Content provided by FirstRanker.com ---
1130
0
--- Content provided by FirstRanker.com ---
Credit
A. Buyers
8,374
--- Content provided by FirstRanker.com ---
18,432
29,564
--- Content provided by FirstRanker.com ---
27,62524,423
Credit
--- Content provided by FirstRanker.com ---
B. Suppliers8,374
18,432
--- Content provided by FirstRanker.com ---
29,564
27,625
--- Content provided by FirstRanker.com ---
24,423Credit
C. Export credit
--- Content provided by FirstRanker.com ---
9335,382
5,582
--- Content provided by FirstRanker.com ---
5,401
5,042
--- Content provided by FirstRanker.com ---
componentof
bilateral credit
--- Content provided by FirstRanker.com ---
D. Export credit
--- Content provided by FirstRanker.com ---
1,390
4,529
--- Content provided by FirstRanker.com ---
5,1654,828
4,819
--- Content provided by FirstRanker.com ---
for
defence
--- Content provided by FirstRanker.com ---
purposeV. Commercial
3,821
--- Content provided by FirstRanker.com ---
1,30583
60 1,13,890
--- Content provided by FirstRanker.com ---
Borrowings
VI. NRI & FC
19,727
--- Content provided by FirstRanker.com ---
47,642
86,963 1,12,938 1,13,890
--- Content provided by FirstRanker.com ---
(B&O) depositsVII. Rupee Debt
20,030
--- Content provided by FirstRanker.com ---
37,80259,137
77,273
--- Content provided by FirstRanker.com ---
83,712
VIII.Total Long
--- Content provided by FirstRanker.com ---
20,03037,802
59,137
--- Content provided by FirstRanker.com ---
77,273
83,712
--- Content provided by FirstRanker.com ---
Term DebtIX. Short Term 1,46,226 3,04,091 4,11,388 4,54,805 4,67,187
Debt
X. Gross Total
--- Content provided by FirstRanker.com ---
16,77516,637
17,162
--- Content provided by FirstRanker.com ---
16,919
13,396
--- Content provided by FirstRanker.com ---
(VIII+IX)Debt Indicators
1,63,001 3,20,728 4,28,550 4,71,724 4,80,583
--- Content provided by FirstRanker.com ---
Debtservice
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
ratio (%) (for
--- Content provided by FirstRanker.com ---
fiscal years)(Including debt
27.2
--- Content provided by FirstRanker.com ---
24.116.1
15.4
--- Content provided by FirstRanker.com ---
13.8
servicing
--- Content provided by FirstRanker.com ---
onnon-civilian
credit)
--- Content provided by FirstRanker.com ---
OWNERSHIP OF DEBT
A Survey of the ownership pattern of government securities, conducted
--- Content provided by FirstRanker.com ---
by the RBI's research department some years ago, revealed that more
than 92 per cent of government securities were held by governmental
--- Content provided by FirstRanker.com ---
and quasi-governmental institutions, while individuals accounted forthe rest. A recent estimate by the same source has now pegged the
former group's holding at 99 per cent. Thus, the assumption that an
--- Content provided by FirstRanker.com ---
increase in interest rates on treasury bills and government securities
will attract large amounts of savings from the household sector does
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not appear to be justified. On the contrary, it was feared that such ameasure would increase the debt burden on the government rather than
reduce the level of deficit financing.
--- Content provided by FirstRanker.com ---
The four parameters on which the internal debt trap concept could rest
are as follows:
--- Content provided by FirstRanker.com ---
First, it is generally argued that the government borrowings facilitate
--- Content provided by FirstRanker.com ---
asset creation, which in turn and time take care of debt repayment.However, experience points the other way. By and large, government
borrowings have been used for non-plan, non-development expenditure
--- Content provided by FirstRanker.com ---
rather than for asset creation.
Second, even if it is assumed that a significant proportion of public
--- Content provided by FirstRanker.com ---
borrowings is invested in productive enterprises, there are inordinatedelays in the fructification of investment. As a result, the growth rate in
the debt burden continues to rise unabated as interest charges pile up.
--- Content provided by FirstRanker.com ---
Third, as stated earlier, government securities and treasury bills have a
captive market and the household sector savings account for an
--- Content provided by FirstRanker.com ---
insignificant proportion of the government's total public borrowings.The situation would not undergo any drastic change when interest rates
are increase.
--- Content provided by FirstRanker.com ---
Lastly, with the acceptance of monetary targeting by the government, it
would not be possible for the RBI to absorb the residuary portion of the
--- Content provided by FirstRanker.com ---
government's loan tranches any longer.Maturity Pattern Of The Debt
Maturity-wise, there are three classes of loans which are floated by the
--- Content provided by FirstRanker.com ---
Central and State Governments - short-term, medium-term and long-
term. Short-term loans are for periods varying from 1 to 5 years,
--- Content provided by FirstRanker.com ---
medium-term loans from 5 to 10 years and long-term loans above 10years. The maturity pattern of the debt is arranged in such a way to suit
the demands of the institutions. About 17% of the Central Government
--- Content provided by FirstRanker.com ---
debt is of short-term nature, 22% of medium-term nature and 61 % of
long-term nature. The Government would prefer a larger amount of
--- Content provided by FirstRanker.com ---
long term debt as it would be suitable for developmental outlays. Thematurities are now well distributed as between the various years. There
are no double dated loans and none of the market loans are kept on tap
--- Content provided by FirstRanker.com ---
and none are repaid before the maturity date.
--- Content provided by FirstRanker.com ---
There are about 40 Central Government loans outstanding in which the
Reserve Bank does open market operations and which are held by the
--- Content provided by FirstRanker.com ---
Reserve Bank in its investment account. Of these, 9 are of short-termmaturity with coupon rates varying from 2 ? % to 4 ? % medium
dated loans with coupon rates varying from 4? % to 5? %, and the
--- Content provided by FirstRanker.com ---
rest are the long dated loans with coupon rates varying from 4?% to
6? %. As against these coupon rates on the Central Government loans,
--- Content provided by FirstRanker.com ---
the State Government loans have a rate slightly higher by ? % to ?%'Most of the State Government loans are of short and medium dated
nature:
--- Content provided by FirstRanker.com ---
5.2
Secondary Debt Market
--- Content provided by FirstRanker.com ---
Debt management policy can be effective if there is a secondarymarket with depth. The move to market ?related rates of interest is
likely to strengthen the development of the secondary market This
--- Content provided by FirstRanker.com ---
enables the primary and secondary markets to give effective signals to
each other.
--- Content provided by FirstRanker.com ---
Secondly, the system of primary dealers would enable thedevelopment of an orderly market Primary dealers act as market
makers for securities by giving two way quotes They are not final
--- Content provided by FirstRanker.com ---
investors but should have the financial capacity and skills to bid in the
primary auctions and hold the securities till they are able to access
--- Content provided by FirstRanker.com ---
them in the secondary market. Primary dealers are approved by theRBI and help in the placement of government securities in Primary
issues by committed participation in auctions. The primary dealers act
--- Content provided by FirstRanker.com ---
as a conduit for open market operations by the Reserve Bank and
provide signals for market intervention. The Reserve Bank announced
--- Content provided by FirstRanker.com ---
on March 29, 1995, guidelines and procedures for enlistment ofprimary dealers in government securities. These guidelines relate to
commitment to bid minimum amount, underwrite a predetermined part,
--- Content provided by FirstRanker.com ---
achieve a minimum turnover, maintain minimum capital standards on
--- Content provided by FirstRanker.com ---
risk-weighted assets and be subject to Reserve Bank regulation. The
Bank in turn would extend facilities like current account/ subsidiary
--- Content provided by FirstRanker.com ---
ledger account (SGL), liquidity I support linked to biddingcommitments, freedom to deal in money market instruments and I
favoured access to open market operations. PDs are paid commission
--- Content provided by FirstRanker.com ---
on primary purchases (including underwriting).
The development of the debt segment in the National Stock Exchange
--- Content provided by FirstRanker.com ---
and duplication of transactions recorded by the Reserve Bank under theSGL Account has imparted a greater element of transparency. Finally,
the system of delivery versus payment (DVP) in government securities
--- Content provided by FirstRanker.com ---
introduced in Mumbai in July 1995, to synchronise the transfer of
securities with the cash payment would reduce the settlement risk in
--- Content provided by FirstRanker.com ---
transactions and prevent diversion of funds in the case of transactionsthrough SGL. Liquidity of securities should improve with the setting
up of the Securities Trading Corporation of India (STCI) along with
--- Content provided by FirstRanker.com ---
the existing Discount and Finance. House of India (DFHI) and the
holding of government securities would become, attractive.
--- Content provided by FirstRanker.com ---
5.3REPOs
REPO and reverse REPO operated by RBI in dated government
--- Content provided by FirstRanker.com ---
securities and Treasury 'bills '(except 14 days) help banks to manage
their liquidity as well as undertake switch to maximize [the return.
--- Content provided by FirstRanker.com ---
REPOs are also used to signal changes in interest rates. REPOs bridgesecurities and banking business.
A REPO is the purchase of one loan against the sale of another. They
--- Content provided by FirstRanker.com ---
involve the sale of securities against cash with a future buy back
agreement. There are no restrictions on the tenor of REPOs. They are
--- Content provided by FirstRanker.com ---
well established in US and spread to Euro market in the second half of1980s to meet the trading demand from dealers and smaller
commercial banks with limited access to international inter bank
--- Content provided by FirstRanker.com ---
funding. REPOs are a substitute for traditional inter bank credit.
--- Content provided by FirstRanker.com ---
REPOs are part of open market operations undertaken to influence
short-term liquidity. With a view to maintain an orderly pattern of
--- Content provided by FirstRanker.com ---
yields and to cater to the varying requirements of investors with respectto maturity distribution policy or to enable them to improve the yields
on their investment in securities, RBI engages extensively in switch
--- Content provided by FirstRanker.com ---
operations. In a triangular switch, one institution's sale/purchase of
security is matched against the purchase/sale transaction of another
--- Content provided by FirstRanker.com ---
institution by the approved brokers. In a triangular switch operation,the selling Banks quota (fixed on the basis of time and demand deposit
liabilities) is debited (the Reserve Bank being the purchaser). The
--- Content provided by FirstRanker.com ---
objective behind fixing a l1uota for switch deals is to prevent the
excessive unloading unloading of low yielding securities on to the
--- Content provided by FirstRanker.com ---
Reserve Bank. The Bank maintains separate lists for purchase and saletransactions with reference to its stock of securities and the dates of
maturity of the different loan.
--- Content provided by FirstRanker.com ---
5.4
Reverse Repo
--- Content provided by FirstRanker.com ---
In order to activate the REPOs market so that it serves as anequilibrating force between the money market .and the securities
market, REPOs and reverse REPO transactions 'among select
--- Content provided by FirstRanker.com ---
institutions have been allowed since April 1997 in respect of all dated
Central Government securities besides Treasury Bills of all maturities.
--- Content provided by FirstRanker.com ---
Reverse REPOs ease undue pressure on overnight call money rates.PDs are allowed liquidity support in the form of reverse, REPO
facility.
--- Content provided by FirstRanker.com ---
Reverse REPO transactions can be entered into by non-bank entities
who are holders of SGL accounts with the Reserve Bank (from April
--- Content provided by FirstRanker.com ---
1997) with banks, primary dealers in Treasury Bills of all maturitiesand .all dated central government securities.
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
6.
Advances To Priority Sector
--- Content provided by FirstRanker.com ---
Social control over banks initiated in 1969 introduced reforms tocorrect the functioning of the banking system and to promote
purposeful distribution of bank credit. It was found that for various
--- Content provided by FirstRanker.com ---
historical reasons, the bulk of bank advances was directed to the large
and medium scale industries and beg and established houses while
--- Content provided by FirstRanker.com ---
agriculture, small scale industries and exports which were emergingpriority sectors did not receive adequate attention. The nationalization
of 14 major commercial banks in july 1969, led to considerable
--- Content provided by FirstRanker.com ---
reorientation of bank lending towards the priority sectors. Priority
sector lending was stipulated at one-third of the outstanding credit by
--- Content provided by FirstRanker.com ---
March 1979, and 40 per cent by 1985. Since 1977-78, export credit hasbeen excluded from computation of total priority sector advances, but
refinance was provided.
--- Content provided by FirstRanker.com ---
Table:- Advances to the Priority Sectors by Public Sector Banks
(Select Years)
--- Content provided by FirstRanker.com ---
Sector
June
--- Content provided by FirstRanker.com ---
June June
June
--- Content provided by FirstRanker.com ---
March March1969
1976 1986
--- Content provided by FirstRanker.com ---
1990
1996
--- Content provided by FirstRanker.com ---
2000I.
Agriculture 162
--- Content provided by FirstRanker.com ---
590 9231
16434 26351
--- Content provided by FirstRanker.com ---
46190i) Direct
--- Content provided by FirstRanker.com ---
40
NA
--- Content provided by FirstRanker.com ---
791815283 22892
34432
--- Content provided by FirstRanker.com ---
ii) Indirect 122
--- Content provided by FirstRanker.com ---
NA1313
1151
--- Content provided by FirstRanker.com ---
3459
11758
--- Content provided by FirstRanker.com ---
II. Small scale 257870
7836
--- Content provided by FirstRanker.com ---
14127 29482
45788
--- Content provided by FirstRanker.com ---
industrialUnit
III. Other
--- Content provided by FirstRanker.com ---
22230
4719
--- Content provided by FirstRanker.com ---
8088
13751
--- Content provided by FirstRanker.com ---
32079Priority
Sector
Advances
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IV. Total
441
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1690 21786 38649 69609127807
Priority
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Sectoradvances
V. Net
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Bank 30166690 50820 91302 184391 292943
Credit
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(IV as % of 14.6% 25% 42.9% 42.3% 37.8% 43.6%
V)
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Forty per cent of the priority sector advances were earmarked in 1985
for agriculture and allied activities; advances to weaker sections in
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agriculture and al1ied activities should be 50 percent of lending foragriculture; and advances to rural artisans, craftsmen and cottage
industries should be 12.5 per cent of the total advances to small scale
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industries. Effective from April 1993, foreign banks were advised to
bring their priority sector advances from 15 per cent hitherto fixed to
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32 per cent by March 1994.Table presents the advances to the priority sector in select years.
Advances to priority sector have gone up from 14.6% of bank credit in
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1969 to 25% in 1976, 42.9% in 1986, 42.3% in 1990,37.8% in 1996
and 43.6% in 2000 The major portion of advances to the priority sector
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was to agriculture followed by small scale industrial units.7.
Supervision System
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The Board for Financial Supervision (BFS) under the chairmanship of
the Governor of the Reserve Bank became functional on November 16,
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1994, with a Deputy Governor as Vice-Chairman and six othermembers. An advisory council was also constituted. The BFS was set
up to ensure implementation of regulations in the areas of credit
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management, asset classification, income recognition, capital adequacy
and treasury operations of commercial banks. Effective from April
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1995, the BFS started supervising all-India financial institutions andfrom July 1995, non-banking financial companies. Operational support
to BFS is rendered by the Department of Supervision within the
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Reserve Bank.
Under the direction of BFS, the time span for inspection of banks and
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discussions with the management has been substantially reduced sothat the necessary rectification measures under a monitorable action
plan (MAP) are promptly initiated by banks. The system of supervisory
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visits to newly licensed private banks which were initiated in 1995
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with the object of monitoring a proper build-up of portfolios, system
and controls and compliance were extended to licensed foreign banks
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in 1996. Based on the visits, necessary corrections in specified policyand operational areas were suggested.
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The BFS reviewed and approved the recommendations of the Working
Group on the Review of the System of On-site Supervision set up in
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1995 (Chairman S. Padmanabhan). The major recommendations of thegroup include adoption of a discriminative approach to supervision as
between sound banks and problem banks, bestowing greater
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supervisory attention and resources on the latter, introduction of a
supervisory rating system facilitating such classification and
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conducting targeted appraisals of major portfolios and control systemsin between statutory full scope inspection
8.
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Regional Rural Banks (RRBs)
So as to liquidate rural indebtedness by stages and to dispense
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institutional credit facilities to farmers and artisans in rural areas, theGovernment of India promulgated on September 26, 1975, the
Regional Rural Banks ordinance, 1975, to set-up regional rural banks
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throughout the country.
Accordingly 6 RRBs were opened in 1975 to cover 12 districts.
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Number of these banks went upto to 196 as on June end, 2000.8.1
Objectives
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RRBs were primarily set up with the objectives that they should form
an integral part of the rural credit structure (along with co-operatives
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and commercial banks), under the multi-agency approach to rurallending. Accordingly, they were authorised to undertake the following
activities:
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(i)
Grant loans and advances to small and marginal farmers
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and agricultural labourers, whether individually or in--- Content provided by FirstRanker.com ---
groups, and to co-operative societies, including agriculturalmarketing societies, agricultural processing societies and
farmers' services societies. for agricultural purposes or
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agricultural operations or for other related purposes, and
(ii)
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Grant loans and advances to artisans, small entrepreneursand persons of small . means engaged in trade or other
productive activities within its area of operation.
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Each RRB is sponsored by a public sector bank which
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provides assistance in. several ways, viz., subscription tothe share capital, provision of such managerial and financial
assistance as may be mutually agreed upon, and help in the
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recruitment and training of personnel during the initial
period of its functioning.
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8.2RBI Assistance
With a view to facilitate their operations, the RBI gave regional rural
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banks direct access to refinance assistance at a concessional rate of 3
per cent below the bank rate. They have been allowed to maintain a
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lower level of statutory liquidity than the scheduled commercial banks.They have been allowed to pay 1/2 per cent more interest on all
deposits except those of three years and above. The sponsor banks
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IDBI, NABARD. SIDBI and other financial institutions are statutorily
required under the Regional Rural Bank Act to provide managerial and
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financial assistance to them.8.3
Evaluation Of RRBs
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The Committee constituted by the RBI in June 1977 to evaluate the
performance of RRBs concluded that with some modifications in their
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organisation and structure, they could become a useful component inthe totality of the rural credit structure. The Committee also suggested
the setting up of RRBs where the cooperative organisation was not able
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to adequately serve the credit needs and even in other areas in order to
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fill the large gap. This formed the basis for the branch licensing policy
during 1979-81.
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Number, Deposits and AdvancesThe number of branches has gone up from 13,353 in 1987 to 14,497 in
1996, the number. districts covered from 363 to 427. In March 1999,
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196 RRBs catered to the credit requirement' of 451 districts. The total
outstanding deposits at the end of March 2000 were Rs. 30,051 crores
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and advances Rs. 12,663 crores. Loan recovery to demand ratio was60.54% during 1997-98. Recovery rate was high in Kerala (88.1%),
Tamil Nadu (79.37%), Gujarat (72.33%) and Puni (72.11%). Tripura
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showed the lowest recovery rate (11.61%). When RRBs were set up,
they could lend only to the target group, weaker sections. From 1992,
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RRBs were advised to lend only up to 60 per cent of their incrementalcredit to the target group. The percentage was next brought down to 40
per cent and now they are at par with public sector banks. RRBs are
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required from April, 1997 to restrict their lending to weaker sections to
10 per cent of their total credit. According to the RBI, the weaker
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sections comprise small and marginal farmers, SC/STs and,beneficiaries of DRI and IRDD schemes which is only a portion of
poor below the poverty line.
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Restructuring of RRB
As part of the financial sector reforms, Government of India, RBI and
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NABARD initiated various. measures for improving the viability ofRRBs. For instance, in the first phase, 49 RRBs were taken up for
restructuring and revival in the year 1994-95 and the Government" of
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India provided Rs. 150 crores for cleaning their balance sheets. They
were also asked to prepare Development Action Plans (DAPs) to attain
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current and sustainable viability. Sponsor Banks and RRBs entered intoa Memorandum of Understanding (MoU) to ensure implementation
ofDAP. In the phase II of comprehensive restructuring, 53 RRBs were
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taken up for revamping in 1995-96 and the Government provided a
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sum of Rs. 223.57 crore for the purpose. A further provision of Rs. 200
crores was made in the Union Budget for 1996-97. Thus, by the end of
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March 1997, as many as 138 RRBs were selected for comprehensiverestructuring. These RRBs were sanctioned financial support in the
form of additional equity to the extent of Rs. 1,147 crores.
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Interest rates on deposits and loans and advances were changed from
time to time to help the RRBs. Changes were also made in loan
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composition and bank services. In September, 1992, they were allowedto finance non-target group borrowers upto a ceiling of 40% of fresh
advances which was subsequently raised to 60% from January, 1994.
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Finally, from 1st April, 1997, RRBs have been brought on par with the
Commercial banks with regard to priority sector lending. They are also
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allowed to purchase/discount and issue DD/Cheques guarantee,provide remittance and locker facilities.
For better risk management, exposure norms were introduced in 1994-
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95 under which individual exposure and group exposure are restricted
to 25 per cent and 50 per cent of the capital funds respectively. In case
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of companies, the exposure (credit and investment) is restricted to 25per cent of the capital fund of RRB or 25 per cent of the paid-up share
capital of the company, whichever is less. Regarding investments, in
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1994-95, they were allowed to deploy part of their surplus from non-
SLR funds in shares and debentures of companies and units of mutual
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funds, bonds of PSUs and All-India financial institutions, subject toexposure norms, they were also permitted to invest surplus non-SLR
funds in risk-sharing participation certificates of their sponsor banks.
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Norms of income recognition and asset classification and provisioning
were made applicable to them on par with commercial banks to
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maintain healthy credit portfolio.Finally, in 1993-94 RRBs were freed from the Service Area obligations
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whereby they can relocate their loss making branches preferably within
the same block or convert them into satellite/mobile offices. Later, in
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1995-96 and 1996-97, the branch licensing policy was modified
enabling the RRBs to merge two loss making branches functioning
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within 5 kms.The implementation of the above measures brought about steep
improvement in the financial health of the RRBs in as much as 126
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RRBs (out of 196) earned profits to the extent of Rs. 291 crores as
against 45 RRBs having profit of Rs. 7 crores in 1987.
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Most of the RRBs took the advantage of the freedom to rationalisetheir branches, and relocated some of the branches to better locations
and converted some other branches into satellite branches. This led to
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better utilisation of manpower and rise in deposit growth rate of 23% in
1997-98 as against 13% prior to 1994. The diversification of lending
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portfolio through housing loans, loan for consumer durables, non-targetgroup loans, etc. and the various non-fund bared activities like issuing
guarantees, purchase and discounting of cheques and demand drafts,
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providing safe deposit lockers facility etc., have improved the income
and avoided concentration of risk. However, the impact of revamping
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initiatives on profitability of RRBs has been blunted due tointroduction of prudential norms of income recognition and
provisioning, which helped to maintain healthy loan portfolio
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management.
So as to ensure successful survival in competitive environment it
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would be in fitness of things to allow those RRBs which have not beenable to turn-around on account of limited potential to operate in
adjoining one or two districts, provided there is no such organisation,
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functioning in such districts. They may also be allowed to relocate their
loss branches to I more potential centres outside their service areas.
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The capital base of such RRBs may: further be strengthened by--- Content provided by FirstRanker.com ---
enhancing to Rs. 5 crores.I
Regarding recovery of dues of RRBs, arrangements should be made by
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the concerned state governments to put them on equal footing with
cooperatives.
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RRB may also be permitted to mobilise and accept NRI deposits asthere are ample opportuni es of such business in the states like Kerala,
Gujarat, Andhra Pradesh and Uttar Pradesh
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9.
Practice Questions
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1.
What is the importance of financial system in promoting
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economic growth?
2.
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What is a financial system? Discuss the constituents ofIndian Financial System.
3.
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Define savings ratio? What are the factors that determine
savings?
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4.Explain the concept of financial intermediation.
5.
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Analyse the monetary policy of Reserve Bank of India.
How do repos & reverse repo affect liquidity?
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6.Critically analyse the role of RBI in Indian Economy.
7.
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What do you understand by priority sector advances and
state their impact on non-performing assets?
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8.What do you understand by libralisation and discuss its
various aspects?
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9.
What do you mean by commercial banking? Discuss the
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various services offered by commercial banks.10.
Evaluate the role of regional rural banks in poverty
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alleviation.
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Unit-II
Cooperative Credit
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Objectives
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At the end of the study of this unit, the students will be able tounderstand the nature, feature and functions of Cooperative Systems
and Credit opportunities available in India; cooperative sector reforms;
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relevant regulations and guidelines from the Govt. of India, RBI, and
NABARD.
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Structure of UnitThe unit is divided into 3 Lessons which will give overall idea of
Cooperative movement in India; NABARD and their Financing
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Activities; and Reforms in Cooperatives. Each lesson and chapters are
structured and explained to understand easily as below:
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Lesson-1: Cooperative Movement and Development in IndiaLesson-2: NABARD and
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Lesson-3: Reforms in Cooperative Sector
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Review QuestionsImportant Glossary
References & Further to Study
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Lesson-1
Cooperative Movement and Development in India
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Objectives
This lesson will focus on Cooperative movement in India and
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their structure and activities in detail. Students will be able to
understand the ideas of cooperatives and developments in India.
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This lesson will be covered the following for betterunderstanding in detail:
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1.1
Introduction
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1.2
Co-operative Societies Act
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1.3Organisational Structure
1.4
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Development in Cooperative Sector
1.5
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Role of Reserve Bank of India1.5.1 Cooperative Banks
1.6
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Role of Cooperatives in Providing AgriculturalCredit
1.6.1 Salient features of the Cooperative Credit
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Structure (CCS)1.6.2 Financial Performance of CCS
1.6.3 Outstanding, Recovery rates and NPAs
1.7
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Summary
1.1 Introduction
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Co-operatives are autonomous associations of persons unitedvoluntarily to meet their common, economic, social and cultural needs
and aspirations through a jointly owned and democratically controlled
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enterprise. The Cooperative movement is rooted in peoples
organisation based on 7(seven) basic principles:
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1. Voluntary and open membership2. Democratic members control
3. Members economic participation
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4. Autonomy and Independence
5. Education , Training and Information
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6. Cooperation among cooperatives and7. Concern for the community.
The Cooperative Values are include Self ? help, Self ? responsibility,
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Democracy, Equity, Solidarity , Honesty, Openness, Social
responsibility and Care for others.
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There were great concern and revolt by farmers in some parts of Indiaduring British Rule in India against misuse and abuse of agency
system for rural credit by landlords, money lenders, zamindars. This
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led to search for some reform models. The first Cooperative Society
Act of 1904 was enacted to enable formation of "agricultural credit
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cooperatives". The 1904 Cooperative Societies Act was later repealed
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by 1912 Cooperative Societies Act which provided for formation ofCooperative societies other than credit. In 1919 there was
Administrative Reforms and Cooperatives were made a provincial
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subject making each province responsible for Cooperative movement
and development.
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1.2 Cooperative Societies ActCooperative Societies Act is a Central Act. However, ,,Cooperative
Societies is a State Subject (Entry 32 of List II of Seventh Schedule to
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Constitution, i.e. State List). Though the Act is still in force, it has been
specifically repealed in almost all the States and those States have their
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own Cooperative Societies Act. Thus, practically, the Central Act ismainly of academic interest. As per preamble to the Act, the Act is to
facilitate formation of cooperative societies for the promotion of thrift
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and self-help among agriculturists, artisans and persons of limited
means.
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The Statement of Objects and reasons states as follows : (a)Cooperative Society can be established for purpose of credit,
production or distribution. (b) Agricultural credit societies must be
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with unlimited liability. (c) Unlimited society is not best form of
cooperation for agricultural commodities. However, the provision is
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continued as in several provinces (now States) such societies do existand are working. It is not intended to give them undue encouragement,
but to legalise their existence. (d) Unlimited society can distribute
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profits with permission of State Government.
1.2.1 Registration of Society
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State Government will appoint Registrar of Cooperative Societies.State Government can appoint persons to assist Registrar and confer on
such persons all or any of powers of Registrar. Function of Registrar
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starts with registration of a society. He has powers of general
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supervision over society. Returns of Society are to be filed with
Registrar. He can order inquiry or inspection against society. He can
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order dissolution of society.1.2.2 Societies which can be registered
A society which has as its object the promotion of economic interests
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of its members in accordance with cooperative principles can be
registered as a Society. Similarly, a society established with the object
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of facilitating operation of such a society can also be registered underthe Act. The society can be registered with limited or unlimited
liability. However, unless State Government otherwise directs, (1)
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Liability of a society of which a member is a registered society shall be
limited. (2) Liability of a society of which object is to creation of funds
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to be lent to members, and of which majority of members areagriculturists and of which no member is a registered society shall be
unlimited Thus, a registered society can be member of another society,
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but liability of such other society must be limited, unless State
Government otherwise directs.
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1.2.3 Members of a society
A society can be formed with at least 10 members of age above 18
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years. If object of society is creation of funds to be lent to its members,
all the members must be residing in same town, village or group of
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villages or all members should be of same tribe, class, caste oroccupation, unless Registrar otherwise directs. The provision of
minimum 10 members or residing in same town/village etc. is not
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applicable if a registered society is member of another society. The last
word in name of society should be ,,Limited. If the Society is
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registered with limited liability. Registrar is empowered to decidewhether a person is agriculturist or non-agriculturist or whether he is
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resident of same town/village or whether the members belong to same
caste/tribe etc. and his decision will be final.
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1.2.4 Society with limited liability
If a society has limited liability, any individual member of such society
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cannot have share capital more than one-fifth of total capital. Anindividual member cannot have interest in shares exceeding Rs 1,000.
This restriction of 20% shares or Rs1,000 shares value is not applicable
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to a registered society which is member of another society. Thus, if a
registered society is member of another society, it can hold shares
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exceeding 20% or exceeding Rs 1,000 in value.1.2.5 Rights and liabilities of members
If liability of members is not limited by shares, each member shall
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have one vote irrespective of amount of his interest in the capital. If
liability of members of a registered society is limited by shares, each
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member will have as many votes as may be prescribed in bye-laws. If aregistered society has invested in shares of other registered society, it
can vote by appointing a proxy. A member of registered society shall
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not exercise his rights as member, unless he has made payment to
society in respect of membership or has acquired interest in society, as
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may be prescribed by rules or bye-laws. Thus, if there is any default inpayment to society, the member cannot exercise his rights.
1.2.6 Management of society
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Each society will be managed by Committee. Committee means the
governing body of a registered society to whom the management of its
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affairs is entrusted. Officer of society includes a Chairman, Secretary,treasurer, member of Committee or other person empowered under
rules or bye-laws to give directions in regard to business of society.
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1.2.7 Registered Society is body corporate
A registered cooperative society is a body corporate with perpetual
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succession and common seal. It can hold property, enter into contracts,--- Content provided by FirstRanker.com ---
institute and defend suit and other legal proceedings and to do allthings necessary for the purposes of its constitution.
1.2.8 Amendment of bye-laws
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Any Amendment to bye-laws shall be registered with Registrar. If
Registrar is satisfied that the amendment is not contrary to Act or rules,
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he will register the amendment. He will issue a certificate ofregistration along with copy of amendment certified by him, which is
conclusive evidence that the amendment has been duly registered.
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1.2.9 Priority claim of society dues from member
A registered society is entitled to priority to other creditors and enforce
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outstanding demand due to society from any member. However, thepriority is subject to prior claims of (a) Government dues in respect of
land revenue or (b) Dues of landlord in respect of rent receivable by
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the landlord. The priority of society is in respect of following : (a)
Supply of seed or manure or loan for purchase of seed or manure. The
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priority is upon the crops or other agricultural produce upto 18 monthsfrom date of supply of seed/manure or loan. (b) Supply of cattle or
fodder of cattle, agricultural implements or machinery or raw materials
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or loan for these. The priority is upon the cattle/fodder/ machinery /
raw materials supplied or any articles manufactured from raw materials
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supplied or purchased form loan given by society.1.2.10 Restrictions on loans
A registered society can give loans only to its members. However, it
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can give loan to another registered society with permission of
Registrar. A society with unlimited liability cannot lend money on
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security of movable property without sanction of registrar. StateGovernment, by issuing a general or special order, can prohibit or
restrict lending of money on mortgage of immovable property by any
--- Content provided by FirstRanker.com ---
registered society or class of registered society.
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1.2.11 Inspection of affairs of society
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Registrar can hold an enquiry or direct some person authorised by himto hold enquiry in following circumstances: (a) Of his own motion, (b)
Request of Collector, (c) Application by majority of committee
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members of society, or (d) At least one-third of members of society.
All officers and members of society shall furnish necessary
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information to registrar or person authorised by him.1.2.12 Dissolution of society
Registrar, after inspection or inquiry, or on application received from
--- Content provided by FirstRanker.com ---
75% of members of society, may cancel the registration of society, if in
his opinion, the Society should be dissolved. Any member can appeal
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against the order of Registrar within two months to State Governmentor other Revenue Authority authorised by State Government. If no
appeal is filed within two months, the order of dissolution shall become
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effective. If appeal is filed, the order will become effective only after it
is confirmed by appellate authority.
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1.3 Organizational StructureThe Indian cooperative sectors are consisting various segments based
on the needs and requirements of the individuals as follows:
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Agricultural Credit Cooperatives (Production)
Agricultural Credit Cooperatives (Investment)
--- Content provided by FirstRanker.com ---
Non-Agricultural. Credit Cooperatives (Urban Banks)Cooperative Marketing
Tribal Cooperatives
--- Content provided by FirstRanker.com ---
Fertiliser Cooperatives Consumer Cooperatives
Weavers Cooperatives
--- Content provided by FirstRanker.com ---
Sugar CooperativesCooperative Spinning Mills
Industrial Cooperatives (Non-Weavers)
--- Content provided by FirstRanker.com ---
Dairy Cooperatives
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Fisheries Cooperatives
Housing Cooperatives
--- Content provided by FirstRanker.com ---
Labour CooperativesPoultry Cooperatives
Further these societies are grouped into:
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a)
National Level Cooperative Federations like National
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Agricultural. Coop.Marketing Federation of India Ltd.(NAFED), Krishak Bharati Cooperative Ltd. (KRIBHCO),
Indian Farmers Fertilizer Cooperative Ltd. (IFFCO), National
--- Content provided by FirstRanker.com ---
Federation of Urban Coop.Banks & Credit Societies,
National Federation of State Coop. Bank Ltd., etc.
--- Content provided by FirstRanker.com ---
b)Member of Parastatal Institutions are National Dairy
Development Board and M.P.State Cooperative Union Ltd
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c)
State Cooperative Union
--- Content provided by FirstRanker.com ---
d)Cooperative Unions of Union Territories
e)
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State Cooperative Marketing Societies
f)
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State Cooperative Banksg)
State Cooperative Agricultural & Rural Development Bank
--- Content provided by FirstRanker.com ---
h)
State Cooperative Consumers Federations
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i)State Urban Coop Banks & Credit Associations
j)
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State Tribal Development Cooperative Corporations
k)
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Other State Cooperative Federationsl)
Multi state Cooperative Societies
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State Co-operative Unions and Societies are incorporated at all
level of states to satisfy the needs of Agriculture and Rural credit.
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1.4 Development in Cooperative SectorIn 1942, the Multi-Unit Cooperative Societies Act, 1942 was enacted
by the Government of India with an object to cover societies whose
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operations are extended to more than one state. The Hazari Committee
recommended integration of short term and long term structures in the
--- Content provided by FirstRanker.com ---
Cooperative Credit System. The Bawa Committee (1971)
--- Content provided by FirstRanker.com ---
recommended setting up Large Multi-purpose Cooperatives in tribalareas. The National Commission on Agriculture (1976) recommended
setting up Farmers Service Cooperative Societies with the active
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collaboration of the nationalised banks.
NABARD was created on the recommendation of the CRAFICARD
--- Content provided by FirstRanker.com ---
(Sivaraman Committee 1981). The States heightened interest in andconcern for the performance of cooperatives in the country was
obvious. The focus, however, was on expanding and reorganising the
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State supported structures, without addressing the tasks of restoring
and strengthening autonomy, mutual help and self-governance, that
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are the cornerstones of genuine cooperatives. In 1984, the Governmentof India enacted a comprehensive Act known as Multi State
Cooperative Societies Act, 1984, which also repealed the Act of 1942.
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After 1990, several committees (notably those headed by Chaudhry
Brahm Perkash, Jagdish Capoor, Vikhe Patil and V S Vyas) were set
--- Content provided by FirstRanker.com ---
up to suggest cooperative sector reforms during this period. TheBrahm Perkash Committee emphasised the need to make cooperatives
self-reliant, autonomous and fully democratic institutions and proposed
--- Content provided by FirstRanker.com ---
a Model Law. On the recommendation of the Mirdha Committee and
the "Model Cooperative Societies Act" the Government of India
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enacted the Multi State Cooperative Societies Act, 2002 whichprovided for democratic and autonomous working of the Cooperatives.
The Multi State Cooperative Societies Act, 2002 came into force with
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effect from August 19, 2002 . They have also recommended
revamping and streamlining the regulation and supervision
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mechanism, introducing prudential norms and bringing cooperativebanks fully under the ambit of the Banking Regulation Act, 1949. To
facilitate the implementation of these reforms, they proposed that
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governments provide viable cooperative credit institutions with
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financial assistance for re-capitalisation.
The National Cooperative Union of India is the apex organisation
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promoting the cooperative movement in the country. Cooperativeshave extended across the entire country and there are currently an
estimated 230 million members nationwide. The cooperative credit
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system has the largest network in the world and cooperatives have
advanced more credit in the Indian agricultural sector than commercial
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banks. In fertiliser production and distribution the Indian FarmersFertiliser Cooperative (IFFCO) commands over 35 percent of the
market. In the production of sugar the cooperative share of the market
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is over 58 percent and in the marketing and distribution of cotton they
have a share of around 60 percent. The cooperative sector accounts for
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55 percent of the looms in the hand-weaving sector. Cooperativesprocess, market and distribute 50 percent of edible oils. Dairy
cooperatives operating under the leadership of the National Dairy
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Development Board and through 15 state cooperative milk marketing
federations has now become the largest producer of milk in the world.
--- Content provided by FirstRanker.com ---
The groundwork for this was laid in the early 1970s when the largestdairy development programme in the world - Operation Flood - was
launched. Operation Flood was a national marketing strategy linked to
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a dairy infrastructure development programme that created a chain of
dairy processing plants, collection stations and a national milk
--- Content provided by FirstRanker.com ---
transportation grid.The cooperatives in India have made remarkable progress in the
various segments of Indian Economy. There are 5.03 lakh cooperative
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societies with a membership of more than 20.9 crores and working
capital of more than Rs.227111.8 crores. In many segment of Indian
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economy, cooperatives are contributing predominant role in the creditsector despite of keen competition from nationalised and private sector
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banks. Cooperatives are disbursing nearly 46% of total agricultural
credit. They are distributing 36% of total fertilisers in the country. The
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share of cooperatives in sugar production is nearly 55%, in spindlege
10%, in yarn production 22.1% and in coverage of handlooms 55%.
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The cooperatives are playing a very important role in the publicdistribution system to serve the weaker sections of the community.
Nearly 28% of the rural fair price shops are within the cooperative
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fold. Cooperatives have also played an effective role in exports. The
economic reforms which have been introduced since 1991 have given
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new dimensions to precepts and practices of economic development.However, cooperatives have not been able to take the fullest advantage
of the economic reforms, as they have not been provided level playing
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field. Recently, the Government of India have initiated various
measures under the process of Second Phase of Economic Reforms.
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1.5 Role of RBIThe Reserve Banks concern and involvement in the sphere of rural
credit stemmed from its very statute of incorporation. Specific
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provisions were made in the Reserve Bank of India Act, 1934 both for
the establishment of an Agricultural Credit Department (ACD) in the
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bank and for extending refinance facilities to the cooperative creditsystem. Emphasis was laid on setting up, strengthening and promoting
financially viable provincial cooperative banks, central cooperative
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banks, marketing societies and primary agricultural credit societies in
each province. The RBI, since 1942, also started extending credit
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facilities to provincial cooperative banks for seasonal agriculturaloperations and marketing of crops.
Generally the co-operative societies (other than those operating in
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more than one State) is a State subject like incorporation, regulation
and winding up and is governed by the State laws on co-operative
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societies. In the case of co-operatives established in more than one--- Content provided by FirstRanker.com ---
state are governed by the Multi-State Co-operative Societies Act, 2002.Majority of the co-operative societies are operating only in one State
and the State Government appoints Registrar of Co-operative Societies
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as regulatory authorities.
1.5.1 Cooperative Banks
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Any co-operative society engaging in banking business, the centrallaws governing banking are attracted, in addition to the regulatory
laws applicable to co-operative societies. The Banking Regulation Act,
--- Content provided by FirstRanker.com ---
1949 has been made applicable to co-operative banks, provided
limiting the extent of regulation under Section 56 by the Reserve Bank
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of India. According to this the duality of regulation is followed underState laws for incorporation, regulation and winding up of cooperative
societies and under banking regulation laws for regulation of banking
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business. However, all co-operative societies engaged in the business
of banking are not regulated by the Banking Regulation Act, 1949 as
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the Act does not apply to Primary Agricultural Credit Societies andLand Development Banks and the regulatory provisions including that
on licencing are not applicable to primary credit societies, thus leaving
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them under the regulatory purview of the State.
The High Power Committee on Urban Co-operative Banks (Madhav
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Rao Committee) has made an attempt to list the banking-relatedfunctions and co-operative functions as under :
Banking Related Functions which should be under the domain of
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Reserve Bank of India
1. Issues relating to interest rates, loan policies, investments,
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prudential exposure norms, forms of financial statements,reserve requirements, appropriation of profits etc.
2. Branch licensing, area of operation.
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3. Acquisition of assets incidental to carrying on banking
functions.
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4. Policy regarding remission of debts.
--- Content provided by FirstRanker.com ---
5. Audit.6. Change of Management and appointment of CEO.
7. Appointment of Administration.
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8. Any other banking related function to be notified by RBI from
time to time.
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Co-operative Functions which should be under the domain of theRegistrar of Co-operative Societies for concerned State
1. Registration of co-op. societies.
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2. Approval and amendment to by-laws.
3. Elections to Managing Committees.
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4. Protection of members' rights.5. Supersession of Managing Committee for violation on items 1
to 4 above.
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Section 7 of the Banking Regulation Act prohibits the use of the term
"bank, banker or banking" by a co-operative society other than a co-
--- Content provided by FirstRanker.com ---
operative bank in its name or in connection with business and no co-operative society shall carry on the business of banking without using
any of such words as part of its name. A co-operative bank as defined
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in sec 5(cci) of B R Act (AACS) is a primary co-operative bank or
Central Co-operative bank or a State co-operative bank. However, a
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primary credit society, a co-operative society formed for the protectionof mutual interest of cooperative banks, a co-operative land mortgage
bank and co-operative societies formed by employees of banks are
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exempted.
Section 49A of the Banking Regulation Act restricts acceptance of
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deposits by any person other than a banking company, Reserve Bank,State Bank or any other banking institution, firm or other person
notified by the Central Government. However, a primary credit society
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is exempted from these provisions.
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1.6 Role of Cooperatives in Providing Agricultural Credit
The main players in the field of agricultural credit in the formal sector
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include the commercial banks, the regional rural banks (RRBs), and therural cooperatives (Fig.1). Rural cooperative credit institutions have
played a large role in providing institutional credit to the agricultural
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and rural sectors in the past. Typically, these credit institutions have
been part of two distinct structures, commonly known as the short term
--- Content provided by FirstRanker.com ---
cooperative credit structure (ST CCS) and the long term cooperativecredit structure (LT CCS). The ST CCS, comprising primary
agricultural credit societies (PACS) at the village level, district central
--- Content provided by FirstRanker.com ---
cooperative banks (DCCBs) at the intermediate level, and the state
cooperative bank (SCB) at the apex level, primarily provides short
--- Content provided by FirstRanker.com ---
term crop loans and other working capital loans to farmers and ruralartisans, although over the last few years, it has also been providing
longer duration loans for investments in the rural sector. The LT CCS,
--- Content provided by FirstRanker.com ---
comprising state cooperative agriculture and rural development bank
(SCARDB) at the state level and primary (P) CARDBs or branches of
--- Content provided by FirstRanker.com ---
SCARDB at the decentralised district or block level, has beenproviding typically medium and long tem loans for making
investments in agriculture, rural industries, and lately housing.
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1.6.1 Salient features of the CCS
The short term Cooperative Credit Structure (CCS) has a federal three-
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tier structure with PACS being the grass root level institutions, theCentral Banks at the District level (DCCBs) and the apex Bank at the
State level (SCB). In the North-Eastern States and smaller States, there
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are no DCCBs and the SCB purveys credit through its affiliated PACS
(and so the CCS is a two-tier system).
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According to the NAFSCOB compilation, there are 1,12,309 PACS,which works out to roughly one PAC for every six villages in the
--- Content provided by FirstRanker.com ---
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country. The societies have, therefore, a wider spread and reach in rural
India than the
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Figure-1
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commercial banks (CBs) and Regional Rural Banks (RRBs). The CCS,
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moreover, has more than twice the rural outlets and 50 per cent more
clients than commercial banks and RRBs put together.
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The total membership of the PACS is reported to be around 12 crore.Scheduled Castes and Scheduled Tribes and small farmers each, are
reported to account for about 36 per cent to 37 per cent of the PAC
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membership as per NAFSCOB. Only half the members are borrowers
- this proportion being less than average among small and marginal
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farmers and least among Scheduled Castes.In some regions there are a few pure thrift and credit societies that
generate resources only from members and do not have financial
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transactions with non-members. In Maharashtra, apart from the regular
PACS, there are around 22,000 thrift and credit societies. In States like
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Kerala, PACS collect deposits from members, as well as non-members,in a significant way.
There are also differences in the structure of the CCS. Most States, for
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instance, have different structures for purveying long term (LT) and
short term (ST) credit, but Andhra Pradesh has a single unified
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structure for providing both long term and short term loans. MostStates have a three-tier structure, comprising PACS, DCCBs, and
SCBs. While in Gujarat, the SCB conducts most of its transactions
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with lower tier organisations and does not have any branches outside of
its Head Office, in Maharashtra the SCB undertakes full-fledged
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banking activities through multiple branches, that operate like branchesof any other commercial bank.
The shares of different institutional sectors in providing credit to the
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rural areas are shown in the table below.
Table-1:
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Flow of ground level credit to agriculture (both ST and LT)--- Content provided by FirstRanker.com ---
through various agencies and their relative sharesRs.
in crores
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Agency
1992-93
--- Content provided by FirstRanker.com ---
1997-98 2000-01 2001-022002-03
Coop Banks
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9,378
13975
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20,71823,524
23,636
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Percentage share
62%
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44%39%
38%
--- Content provided by FirstRanker.com ---
34%
Regional
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Rural831
2040
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4,219
4,854
--- Content provided by FirstRanker.com ---
6,070Banks
Percentage share
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5%6%
8%
--- Content provided by FirstRanker.com ---
8%
9%
--- Content provided by FirstRanker.com ---
Commercial Banks4,960
15831
--- Content provided by FirstRanker.com ---
27,807
33,587
--- Content provided by FirstRanker.com ---
39,774Percentage share
33%
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50%
53%
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54%57%
Source: NABARD
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Two trends emerge from the overall flow of credit to agriculture from
the commercial banking sector. The number of rural branches of
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commercial banks has gone down marginally as part of the branchrationalisation programme. The second trend is that even though the
commercial banks almost meet their targets for lending to the priority
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sector, they have moved more towards larger customers.
1.6.2 Financial Performance
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Data on the proportion of societies in different tiers that reportedmaking profits during 2000-2001 and 2002-2003, the numbers that
reported zero or negative net worth and the magnitude of reported
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accumulated losses are shown in the following table :
Table-2:Financial Results of the CCS
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Tier2000-01
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2001-02
2002-03
--- Content provided by FirstRanker.com ---
No of SCBs29
--- Content provided by FirstRanker.com ---
30
30
--- Content provided by FirstRanker.com ---
No. in Profits
24
--- Content provided by FirstRanker.com ---
24
25
--- Content provided by FirstRanker.com ---
No. in Losses5
6
--- Content provided by FirstRanker.com ---
5
No. that have eroded
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69
8
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net worth
Total
Accumulated
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492
567
--- Content provided by FirstRanker.com ---
281losses (Rs. Crore)
No of DCCBS
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367
--- Content provided by FirstRanker.com ---
368367
--- Content provided by FirstRanker.com ---
No. in Profits
247
--- Content provided by FirstRanker.com ---
243237
No. in Losses
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120
125
--- Content provided by FirstRanker.com ---
130--- Content provided by FirstRanker.com ---
No. that have eroded139
139
--- Content provided by FirstRanker.com ---
144
net worth
Total
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Accumulated
3,177
--- Content provided by FirstRanker.com ---
3,7704,401
losses (Rs. Crore)
--- Content provided by FirstRanker.com ---
PACS
No. in Profits
--- Content provided by FirstRanker.com ---
46,80745,292
58,683
--- Content provided by FirstRanker.com ---
(Total
number No. in Losses
--- Content provided by FirstRanker.com ---
41,99143,511
53,626
--- Content provided by FirstRanker.com ---
approximately
Total
--- Content provided by FirstRanker.com ---
Accumulated2,112
NA
--- Content provided by FirstRanker.com ---
4,595
one lakh)
--- Content provided by FirstRanker.com ---
losses (Rs. Crore)Source: For SCB and DCCB: NABARD, For PACS: NAFSCOB
Based on available data, while the large majority of SCBs were
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reporting profits during this period, more than 35 per cent of DCCBs
and more than half the PACS were reporting losses. About one in five
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SCBs and almost 38 per cent of the DCCBs have eroded their networth. Accumulated losses of DCCBs amounted to around Rs 3,200
crore in 2000-2001 and increased to Rs 4,400 crore two years later.
--- Content provided by FirstRanker.com ---
Accumulated losses of PACS exceed that of DCCBs.
1.6.3 Outstanding, Recovery rates and NPAs
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The recovery percentages for the system as a whole have been lowcontinuously, making the system unsustainable without external
injection of resources.
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Table-3 : Recovery and NPA Percentages of the co-operative system
Tier
--- Content provided by FirstRanker.com ---
2000-012001-02
2002-03
--- Content provided by FirstRanker.com ---
SCBs
Recovery %
--- Content provided by FirstRanker.com ---
8282
79
--- Content provided by FirstRanker.com ---
NPA %
13
--- Content provided by FirstRanker.com ---
1318
DCCBs
--- Content provided by FirstRanker.com ---
Recovery %
67
--- Content provided by FirstRanker.com ---
6661
--- Content provided by FirstRanker.com ---
NPA %
28
--- Content provided by FirstRanker.com ---
2220
PACS
--- Content provided by FirstRanker.com ---
Recovery %
65
--- Content provided by FirstRanker.com ---
6762
NPA
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No NPA Norms have been specified for
PACS
Source: SCB and DCCBs-NABARD, PACS ?NAFSCOB
--- Content provided by FirstRanker.com ---
Diversification of portfolio is also reflected in the exposure to
--- Content provided by FirstRanker.com ---
agriculture and other sectors as given in the table below. Whilediversifying the portfolio has its own advantages in risk management,
--- Content provided by FirstRanker.com ---
it also has the potential danger of the institutions suffering a strategic
drift.
--- Content provided by FirstRanker.com ---
Table-4 Break up of loan outstandings as on 31 March 2003
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(Rs. in Crore)Tier
Agriculture
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Non-Agri.
Other
--- Content provided by FirstRanker.com ---
TotalAgri as a
loans
--- Content provided by FirstRanker.com ---
loans
Loans
--- Content provided by FirstRanker.com ---
% of totalSCBs
12,488
--- Content provided by FirstRanker.com ---
16,366
6,198
--- Content provided by FirstRanker.com ---
35,05236
DCCBs 30,951
--- Content provided by FirstRanker.com ---
21,931
9,516
--- Content provided by FirstRanker.com ---
62,39849
PACS
--- Content provided by FirstRanker.com ---
23,153
7,668
--- Content provided by FirstRanker.com ---
11,59142,412
55
--- Content provided by FirstRanker.com ---
Source: NAFSCOB
1.7 Summary
--- Content provided by FirstRanker.com ---
Cooperatives are autonomous associations of persons unitedvoluntarily to meet their common, economic, social and cultural needs
and aspirations through a jointly owned and democratically controlled
--- Content provided by FirstRanker.com ---
enterprise. The Cooperative Values are include Self ? help, Self ?
responsibility, Democracy, Equity, Solidarity , Honesty, Openness,
--- Content provided by FirstRanker.com ---
Social responsibility and Care for others. The first Cooperative SocietyAct of 1904 was enacted to enable formation of "agricultural credit
cooperatives". The 1904 Cooperative Societies Act was later repealed
--- Content provided by FirstRanker.com ---
by 1912 Cooperative Societies Act which provided for formation of
Cooperative societies other than credit. The Indian cooperative sectors
--- Content provided by FirstRanker.com ---
are consisting various segments based on the needs and requirementsof the individuals such as Agricultural Credit Cooperatives,
Cooperative Marketing, Tribal Cooperatives etc. NABARD was
--- Content provided by FirstRanker.com ---
created on the recommendation of the CRAFICARD (Sivaraman
Committee 1981). After 1990, several committees (notably those
--- Content provided by FirstRanker.com ---
headed by Chaudhry Brahm Perkash, Jagdish Capoor, Vikhe Patil andV S Vyas) were set up to suggest cooperative sector reforms during
this period. Any co-operative society engaging in banking business, the
--- Content provided by FirstRanker.com ---
central laws governing banking are attracted, in addition to the
regulatory laws applicable to co-operative societies. The Banking
--- Content provided by FirstRanker.com ---
Regulation Act, 1949 has been made applicable to co-operative banks.
--- Content provided by FirstRanker.com ---
Typically, these credit institutions have been part of two distinctstructures, commonly known as the short term cooperative credit
structure (ST CCS) and the long term cooperative credit structure (LT
--- Content provided by FirstRanker.com ---
CCS). The economic reforms which have been introduced since 1991
have given new dimensions to principles and practices of economic
--- Content provided by FirstRanker.com ---
development. However, cooperatives have not been able to take thefullest advantage of the economic reforms, as they have not been
provided level playing field. Recently, the Government of India have
--- Content provided by FirstRanker.com ---
initiated various measures under the process of Second Phase of
Economic Reforms.
--- Content provided by FirstRanker.com ---
Lesson-2National Bank for Agriculture and Rural Development (NABARD)
Objectives
--- Content provided by FirstRanker.com ---
This lesson is dealing with NABARD and its structures ,
--- Content provided by FirstRanker.com ---
activities and achievements as a part of cooperative development inIndia in detail. After completing this lesson, aspirants can be identify
financing facilities available for cooperative sector from NABARD.
--- Content provided by FirstRanker.com ---
This lesson will be covered the following for easy understanding in
detail:
--- Content provided by FirstRanker.com ---
2.1Introduction
2.2
--- Content provided by FirstRanker.com ---
Types of Refinance Facilities
2.3
--- Content provided by FirstRanker.com ---
Production Credit2.3.1 Short-Term Refinance
2.3.2 Medium Term Finance
2.3.3 Long Term Finance
--- Content provided by FirstRanker.com ---
2.3.4 Liquidity Support2.3.5 Investment Credit (Medium & Long Term)
Refinance
--- Content provided by FirstRanker.com ---
2.3.6 Important Investment Credit activities2.3.7 NABARDs Perfoprmance Highlights for the
year 2004-05
--- Content provided by FirstRanker.com ---
2.4Summary
--- Content provided by FirstRanker.com ---
2.1 Introduction
--- Content provided by FirstRanker.com ---
NABARD is established as a development Bank, in terms of the
Preamble of the Act, "for providing and regulating Credit and other
--- Content provided by FirstRanker.com ---
facilities for the promotion and development of agriculture, small scaleindustries, cottage and village industries, handicrafts and other rural
crafts and other allied economic activities in rural areas with a view to
--- Content provided by FirstRanker.com ---
promoting integrated rural development and securing prosperity of
rural areas and for matters connected therewith or incidental thereto."
--- Content provided by FirstRanker.com ---
The Committee to Review Arrangements for Institutional Credit forAgriculture and Rural Development (CRAFICARD), set up by the
Reserve Bank of India (RBI) under the Chairmanship of Shri B.
--- Content provided by FirstRanker.com ---
Sivaraman, conceived and recommended the establishment of the
National Bank for Agriculture and Rural Development (NABARD).
--- Content provided by FirstRanker.com ---
The Indian Parliament through the Act 61 of 1981, approved the settingup of NABARD. The Bank which came into existence on 12 July,
1982.
--- Content provided by FirstRanker.com ---
NABARD took over the functions of the erstwhile Agricultural Credit
Department (ACD) and Rural Planning and Credit Cell (RPCC) of RBI
--- Content provided by FirstRanker.com ---
and Agricultural Refinance and Development Corporation (ARDC). Itssubscribed and paid-up Capital was Rs.100 crore which was enhanced
to Rs. 500 crore, contributed by the Government Of India (GOI) and
--- Content provided by FirstRanker.com ---
RBI in equal proportions. Currently it is Rs. 2000 crore, contibuted by
GoI (Rs.550 crore) and RBI (Rs.1450 crore).
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NABARD:(i)
serves as an apex financing agency for the institutions
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providing investment and production credit for promotingthe various developmental activities in rural areas;
(ii)
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takes measures towards institution building for improvingabsorptive capacity of the credit delivery system, including
monitoring, formulation of rehabilitation schemes,
restructuring of credit institutions, training of personnel, etc.
;
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(iii)
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co-ordinates the rural financing activities of all institutions
engaged in developmental work at the field level and
maintains liaison with Government of India, State
Governments, Reserve Bank of India (RBI) and other
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national level institutions concerned with policyformulation; and
(iv)
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Undertakes monitoring and evaluation of projectsrefinanced by it.
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NABARD operates throughout the country through its 28 RegionalOffices and one Sub-office, located in the capitals of all the
states/union territories. It has 336 District Offices across the country,
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one Sub-office at Port Blair and one special Cell at Srinagar. It also has
6 training establishments.
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NABARDs refinance is available to State Co-operative Agricultureand Rural Development Banks (SCARDBs), State Co-operative Banks
(SCBs), Regional Rural Banks (RRBs), Commercial Banks (CBs) and
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other financial institutions approved by RBI. While the ultimate
beneficiaries of investment credit can be individuals, partnership
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concerns, companies, State-owned corporations or co-operativesocieties, production credit is generally given to individuals.
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2.2 Types of Refinance Facilities
Agency
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Credit FacilitiesCommercial Banks
Long-term
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credit
for
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investment purposes
Financing the working
--- Content provided by FirstRanker.com ---
capital requirements of
Weavers'
Co-operative
--- Content provided by FirstRanker.com ---
Societies (WCS) & State
Handloom
Development
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Corporations
--- Content provided by FirstRanker.com ---
Short-termCo-operative
Short-term (crop and other
--- Content provided by FirstRanker.com ---
Structure (State Co-operative
loans)
--- Content provided by FirstRanker.com ---
Banks, District Central Co-Medium-term (conversion)
operative
--- Content provided by FirstRanker.com ---
Banks,
Primary
--- Content provided by FirstRanker.com ---
loans--- Content provided by FirstRanker.com ---
Agricultural Credit Societies)Term loans for investment
--- Content provided by FirstRanker.com ---
purposes
Financing
--- Content provided by FirstRanker.com ---
WCSfor
production and marketing
--- Content provided by FirstRanker.com ---
purposesFinancing State Handloom
Development Corporations
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for working capital byState Co-operative Banks
Long-term
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Co-operativeTerm loans for investment
Structure (State Co-operative
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purposes
Agriculture
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andRural
Development Banks, Primary
--- Content provided by FirstRanker.com ---
Co-operative Agriculture andRural Development Banks)
Regional Rural Banks (RRBs)
Short-term (crop and other
--- Content provided by FirstRanker.com ---
loans)
--- Content provided by FirstRanker.com ---
Term loans for investmentpurposes
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State Governments
Long-term loans for equity
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participation
in
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co-
operatives
--- Content provided by FirstRanker.com ---
RuralInfrastructure
Development Fund (RIDF)
--- Content provided by FirstRanker.com ---
loans for infrastructureprojects
--- Content provided by FirstRanker.com ---
Non-GovernmentalRevolving Fund Assistance
Organisations
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(NGOs)
-
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for various micro-creditInformal Credit Delivery System
delivery innovations and
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promotional projects under
'Credit
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and
Financial
--- Content provided by FirstRanker.com ---
Services Fund' (CFSF) and'Rural Promotion Corpus
Fund' (RPCF) respectively
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2.3 Production Credit
NABARD
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providesrefinance
for
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various
types
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ofproduction/marketing/ procurement activities.
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2.3.1 Short-Term Refinance
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Agency: SCBs on behalf of all eligible DCCBs/DICBs/RRBs
Purpose
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Conditions of Finance / Rate ofInterest
Financing for Seasonal Agricultural Rate of Interest on NABARD refinance
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Operations (SAO) which covers such will be linked to NPA levels as under:activities as are undertaken in the process Level of NPAs upto 20%--> 5.25% p.a.
of raising various crops and are seasonal in Level of NPAs > 20% --> 5.25% p.a.
nature. The activities include among others,
ploughing and preparing land for sowing, SCBs in North Eastern Region,
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weeding, transplantation where necessary, Jammu and Kashmir and Sikkim willacquiring and applying inputs such as be charged at the rate of 5.25% p.a.
seeds, fertilizers, etc., and labour for all irrespective of the level of their NPAs.
operations in the fields for raising and
harvesting the crops.
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Financingfor
approved
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short-term ROI 6.50% p.a.
agricultural / allied and marketing activities
which are not covered under normal credit
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covering secured advances.Financing for the working capital ROI 6.00% p.a.
requirements of the Primary Weavers
Cooperative
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Societies(PWCS)
for
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production and marketing of cloth.
Refinance will also be extended to the
SCBs for Financing for the individuals
directly by DCCBs for meeting the
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working capital requirements of thoseengaged in the field of handloom weaving.
Financing for working capital requirements ROI:
of cottage, village, small scale primary and Apex Socieites 6.25% p.a.
Apex Industrial Cooperative Societies Primary Socieities 6.00% p.a.
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(Other than Weavers) for production andmarketing activities.
Financing for working capital requirements ROI:
of Labour Contract and Forest Labour Apex Socieites 6.25% p.a.
Cooperative Societies for activities such as Primary Socieities 6.00% p.a.
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marketing, manufacturing or processing ofgoods and/or collection and marketing of
minor forest produce and engaged in any
one or more of the 22 approved broad
groups of cottage and small scale
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industries.Financing for working capital requirements ROI 6.00% p.a.
of Rural Artisans (including Weaver
members of PACS/LAMPS/FSS) for
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production and marketing or servicing
activities of such rural artisans including
weaver members of PACS/FSS/LAMPS
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engaged in any of the 22 broad groups ofapproved cottage and small scale industries
or handloom weaving industry and working
on a viable basis
Financing for collection and marketing of ROI:
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minor forest produce by adivasis and Apex Socieites 6.25% p.a.persons belonging to the Scheduled Tribes Primary Socieities 6.00% p.a.
covering all types of minor forest produce
which are fast moving and where
operations are conducted on a commercial
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basis. .Financing for procurement, stocking and ROI:
distribution of chemical fertilizers and For Wholesale Procurement by SCBs :
other agricultural inputs.
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6.50% p.a.For Retail Distribution on Cash and
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Carry basis :6.25% p.a.Financing for Marketing of crops for Ceiling of Rs. 5 lakh per borrower and
affording reasonable opportunities for Maximum period of credit upto 12
remunerative price to growers for their months.
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produce by enabling them to hold on to theproduce for time being. Such advances are ROI 6.00% p.a.
permitted against pledge of agricultural
produce kept in own godowns also.
Financing for working capital requirements ROI 5.75% p.a.
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of Fisheries Societies /fishermen of PACS(for SCBs) and in case of RRBs for
individuals also.
--- Content provided by FirstRanker.com ---
Agency: State Cooperative Banks / Scheduled Commercial BanksPurpose
Conditions of Finance / Rate of
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Interest
Financing for procurement and marketing ROI 6.25% p.a.
of cloth and Trading in yarn by
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Apex/RegionalWeavers'
Cooperative
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Societies.
Financing
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forworking
Capital ROI 6.25% p.a.
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requirements
of
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PrimaryHandloom
Weavers' Cooperative Societies(PHWCS).
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Financing for working capital requirements ROI 6.25% p.a.of
State
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HandloomDevelopment
Corporations (SHDCs) for production /
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procurement and marketing of Handloomgoods and State Handicrafts Development
Corporations (SHnDCs) for production /
procurement and marketing of Handicrafts
goods .
--- Content provided by FirstRanker.com ---
Agency: State Cooperative Banks against pledge of Government
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SecuritiesPurpose
Conditions of Finance / Rate of
--- Content provided by FirstRanker.com ---
Interest
For
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ROI 6.00% p.a.(i) Financing for Seasonal Agriculture
Operations
(ii) meeting share of SCBs in conversion of
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ST loans into MT loans against pledge ofsecurities representing investment of
Agricultural Credit Stabilization fund
(ACSF) and
(iii) General banking business.
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Agency: Regional Rural Banks (RRBs)Purpose
Conditions of Finance / Rate of
--- Content provided by FirstRanker.com ---
Interest
Financing for Seasonal Agricultural ROI:
Operations (SAO) for meeting the NPAs up to 20%:
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production credit needs of farmers and For ST-SAO5.75% p.a.Other than SAO such as production and For ST-OSAO6.00% p.a.
marketing activities of artisans (including NPAs above 20%:
handloom weavers) and village/cottage/tiny For ST-SAO6.00% p.a.
sector industries as also for Financing for For ST-OSAO6.25% p.a.
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persons belonging to weaker sections andengaged in trade/business/service.
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2.3.2 Medium Term finance
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Agency: SCBs/DCCBs and RRBs
--- Content provided by FirstRanker.com ---
Purpose
Conditions of Finance / Rate of
--- Content provided by FirstRanker.com ---
InterestProviding Medium-term (Non-schematic) ROI 5.75% p.a.
loans for 22 approved agricultural
investment purposes.
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Agency: SCBs on behalf of DCCBs / RRBsPurpose
Conditions of Finance / Rate of
--- Content provided by FirstRanker.com ---
Interest
Financing for purchase of shares in ROI 5.75% p.a.
cooperative
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processing
societies
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byagriculturist members
Against the loans converted/ rescheduled / Period of refinance: Initially 3 years,
rephased of farmers affected by natural subject to a maximum of 7 years.
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calamities under Medium term stabilization Share in ground level conversion :arrangement.
Cooperative Banks :NABARD(60%),
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State Government(15%), SCB(10%),
DCCB(15%)
RRBs : NABARD (70%), Sponsor Bank
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(25%) and RRBs(5%).ROI : Same as applicable to the
ST(SAO) loans converted.
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2.3.3 Long Term FinanceAgency: State Governments
Purpose
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Conditions of Finance / Rate of
Interest
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For Contribution of share capital to ROI 8.00% p.a.cooperative credit institutions (SCBs/
DCCBs/
SCARDBs/
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PCARDBs/PACS/FSS/
LAMPS)
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forperiods upto 12 years in order to strengthen
the share capital base of these institutions
and thereby increase their maximum
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borrowing power and enable them toundertake larger lending programmes;
subject to certain conditions.
2.3.4 Liquidity Support
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In order to enable the cooperative banks to tide over the liquidity gapdue to various relief measures and extension of the conversion/re-
schedulement of loans to farmers in distress and farmers in arrears,
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NABARD is extending liquidity support to State Cooperative Banks
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by way of Short Term refinance on behalf of DCCBs for supportingconversion/reschedulement of farmers dues at ground level under the
Schemes of Farmers in Distress and Arrears.
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NABARD will sanction credit limits to SCBs on behalf of each of the
eligible DCCBs and the limit shall cover conversion/reschedulement of
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crop loans outstanding as on 31st March.... in respect of farmerscovered under the scheme for providing relief on account of successive
drought/flood/other calamities as also the scheme for providing relief
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to farmers in arrears.
Liquidity refinance support would be up to 50% of crop loans covered
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under the above schemes outstanding as on 31st March.... together withinterest thereon which have been converted/rescheduled. The rate of
interest payable at each half year will be 6.50% p.a.
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2.3.5 Investment Credit (Medium And Long Term) Refinance
The scheme of finance is to accelerate Private Capital Formation to
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Promote Sustainable and Equitable Agriculture and Rural Prosperitywith Refinance. Eligible Agencies are State Co-operative Agriculture
& Rural Development Banks (SCARDBs), Regional Rural Banks
--- Content provided by FirstRanker.com ---
(RRBs), State Co-operative Banks (SCBs), Commercial Banks (CBs),
State Agricultural Development Finance Companies (ADFCs) and
--- Content provided by FirstRanker.com ---
Primary Urban Co-operative Banks. However, the ultimatebeneficiaries
of
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investment
finance
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willbe
individuals,
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proprietory/partnership concerns, companies, state-owned corporations
or co-operative societies.
--- Content provided by FirstRanker.com ---
Under Farm Sector, the purposes is to invest in agriculture and alliedactivities such as minor irrigation, farm mechanisation, land
development, soil conservation, dairy, sheep rearing, poultry, piggery,
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plantation/horticulture, forestry, fishery, storage and market yards, bio-
gas and other alternate sources of energy, sericulture, apiculture,
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animals and animal driven carts, agro-processing, agro-service centres,
--- Content provided by FirstRanker.com ---
etc.Under Non-Farm Sector , the purposes is to invest in activities of
artisans, small-scale industries, tiny sector, village and cottage
--- Content provided by FirstRanker.com ---
industries, handicrafts, handlooms, powerlooms, etc.
The Loan Period will be up to a maximum of 15 years and the Criteria
--- Content provided by FirstRanker.com ---
for Refinance are Technical Feasibility of the project, Financialviability and bankability and Organisational arrangements for credit
supervision
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Quantum of Refinance varies from 90% to 100% of bank loan depends
upon the Region, Financial Institutions and Sectors @ prescribed
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interest rates, fixed from time to time.2.3.6 Important investment credit activities
Under Farm Sector,
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1) Refinance Assistance for financing farm mechanization like
purchase of Tractors and Power Tillers,
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2) Swarnajayanti Gram Swarozgar Yojana (SGSY) is a restructuredself-employment programmes of IRDP, TRYSEM, DWCRA, etc.
Individuals as also SGSY group members, below poverty line are
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assisted under the programme.
3) Scheme for setting up of Agriclinic and Agribusiness centers to
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finance agriculture Graduates for setting up Agriclinics andAgribusiness Centres The scheme aims at supplementing the existing
Extension Network to accelerate the process of technology transfer to
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agriculture and supplement the efforts of State Agencies in providing
inputs and other services to the farmers.
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The salient features of the scheme are as under:The scheme is open to agriculture graduates/graduates in
subjects allied to agriculture.
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The outer ceiling of the project cost would be Rs.10 lakh for
individuals and Rs.50 lakh for groups.
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RBI has waived margin money requirements for loans upto Rs.
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5 lakhs.Margin money assistance from NABARD's Soft Loan
Assistance Fund upto 50% of the margin prescribed by banks to
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meet any shortfall in borrower's contribution when the loanamount exceeds Rs. 5 Lakhs.
Mode of refinance will be under ARF as also under prior
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sanction procedure of NABARD.4) Scheme for financing farmers for purchase of land for Agricultural
purposes is formulated by the Working Group of Indian Banks
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Association in consultation with the Government of India, RBI and
NABARD. Important features of the scheme are :
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1. Eligibility (i) Small and marginal farmers i.e.. those who wouldown maximum of 5 acres of non- irrigated land or 2.5 acres of
irrigated land including purchase of land under the scheme and
(ii) Share croppers / Tenant farmers are eligible.
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2. Margin : Minimum of 20% or as may be prescribed by RBI
from time to time.
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3. Security : The land purchased out of the bank finance will bemortgaged to the bank as security for the loan from borrowers.
4. Interest Rate: As per the RBI norms issued from time to time.
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5. Valuation : Valuation of the land for fixing the quantum offinance, banks to decide based on the price indicated by the
farmer vis-?-vis the last 5 years' average registration value
available with the Registrar / Sub-Registrar of the area.
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6. Quantum of loan : Based on the land to be purchased, its
valuation and also development cost.
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7. Repayment period: 7-10 years in half yearly / yearlyinstallments including a maximum moratorium period of 24
months based on the gestation period of the project and cash
flow.
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8. Repaying Capacity : Based on the income surpluses from the
production activities on the land being purchased and income
from other sources may be considered to repay the bank loan
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with interest.9. NABARD Refinance: Refinance will be extended under both
Automatic Refinance Facility (ARF) and pre-sanction
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procedure of NABARD depending upon the project cost andthe amount of refinance involved.
--- Content provided by FirstRanker.com ---
5) SEMFEX II is a scheme to assist Ex-Servicemen and as a part ofmeasures to increase the flow of credit under the scheme, NABARD is
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extending, on a selective basis, Margin Money Assistance under
SWRTOs upto 10% of the cost of the vehicle.
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2.3.7 NABARD's Performance Highlights for the year 2004-2005
Credit Operations
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Short-term credit limits sanctioned during 2004 - 05o For SCBs, RRBs - seasonal agricultural operations -
Rs.10185.06 crore
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o For RRBs - other than seasonal agricultural operations -
Rs.216.83 crore.
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o For SCBs - financing Weavers' Cooperative Societies-Rs.349.89 crore.
Long term loans sanctioned to 7 State Governments for
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contribution to the share capital of co-operative credit
institutions aggregated Rs.32.98 crore.
--- Content provided by FirstRanker.com ---
Liquidity support to SCBs - Rs.1914.24 croreLiquidity support to RRBs - 158.78 crore
Investment Credit to CBs, SCARDBs, SCBs, RRBs and other
--- Content provided by FirstRanker.com ---
eligible institutions - Rs. 7605.29 crore.
Kisan Credit Card Scheme
--- Content provided by FirstRanker.com ---
During the year ( upto Feb 2005), 70.43 lakh cards issued byco-operative banks, RRBs and commercial banks.
Since inception in 1998-99, 4.84 crore cards issued.
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Rural Infrastructure Development Fund
GoI announced Rs. 8000 Crore for RIDF XI ( 2005-06 )
--- Content provided by FirstRanker.com ---
As at the end of March 2005, RIDF sanctions under all the tranchesof RIDF amounted to Rs. 42948.51 crore against which the
disbursements were Rs. 25384.02 crore.
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2.4 Summary
The Committee to Review Arrangements for Institutional Credit for
Agriculture and Rural Development (CRAFICARD), set up by the
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Reserve Bank of India (RBI). NABARD is established as a
development Bank, in terms of the Preamble of the Act, "for providing
--- Content provided by FirstRanker.com ---
and regulating Credit and other facilities for the promotion anddevelopment of agriculture, small scale industries, cottage and village
--- Content provided by FirstRanker.com ---
industries, handicrafts and other rural crafts and other allied economic
activities in rural areas with a view to promoting integrated rural
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development and securing prosperity of rural areas and for mattersconnected therewith or incidental thereto." NABARD took over the
functions of the erstwhile Agricultural Credit Department (ACD) and
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Rural Planning and Credit Cell (RPCC) of RBI and Agricultural
Refinance and Development Corporation (ARDC). NABARDs
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refinance is available to State Co-operative Agriculture and RuralDevelopment Banks (SCARDBs), State Co-operative Banks (SCBs),
Regional Rural Banks (RRBs), Commercial Banks (CBs) and other
--- Content provided by FirstRanker.com ---
financial institutions approved by RBI. While the ultimate beneficiaries
of investment credit can be individuals, partnership concerns,
--- Content provided by FirstRanker.com ---
companies, State-owned corporations or co-operative societies,production credit is generally given to individuals. Type of Refinance
include Short-Term , Long-Term, Liquidity Support, Investment Credit
--- Content provided by FirstRanker.com ---
etc. Rural Infrastructure Development Fund has been created by the
Govt. of India and other schemes to develop rural cooperative credits.
--- Content provided by FirstRanker.com ---
NABARDs performance are impressing one by way of disbursingloans to cooperatives and development of the sector.
Lesson-3
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Reforms in Cooperative Credit
Objectives
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This lesson will highlight the Reforms in Cooperative Credit in
India and specifying the relevant structures and measures adopted .
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This will update the present status and developments of cooperatives in
India.
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This lesson will be covered the following in detail:3.1
Introduction
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3.2
Institutional, Legal and Regulatory Reforms
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3.3Department for Cooperative Revivial and
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Reforms (DCRR)
3.4
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Cooperative Development Fund (CDF)
3.5
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Role of National Cooperative Data Bank3.5.1 Services of NCDB
3.6
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Summary3.1 Introduction
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Over the last 100 years, the cooperatives can look back at their
achievements with pride. There are however several pitfalls like Poor
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infrastructure, lack of quality management, over-dependence ongovernment, dormant membership, non-conduct of elections, lack of
strong human resources policy, neglect of professionalism, etc.
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Cooperatives are also unable to evolve strong communication and
public relations strategies which can promote the concept of
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cooperation among the masses. They should push forward bydeveloping effective strategies for overcome existing weaknesses and
for continuing growth of the sector.
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In the new economic environment, cooperatives at all levels are
making efforts to reorient their functions according to the market
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demands. The government is committed to cooperative developmentand it wants cooperatives to succeed. The government knows that
cooperatives have inherent advantages in tackling the problems of
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poverty alleviation, food security and employment generation.
Cooperatives are also considered to have immense potential to deliver
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goods and services in areas where both the state and the private sectorhave failed. Financial assistance alone cannot revive cooperatives and
empower them to realise their full potential to reach adequate credit to
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villages and the rural population there. Cooperatives can only be
revived if they become democratic, self-governing, self-reliant
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organisations for mutual thrift and credit.With the rapid growth of the cooperative sector, a supportive climate
has been created for the development of cooperatives as democratic
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and autonomous businesses providing them with the opportunities for
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diversification. the Central Government recently passed the Multi-StateCooperatives Societies Act and also formulated a national cooperative
policy that provides greater autonomy to cooperatives.
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3.2 Institutional, Legal and Regulatory Reforms
Rural cooperative credit institutions have played a large role in
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providing institutional credit to the agricultural and rural sectors in thepast. Typically, these credit institutions have been part of two distinct
structures, commonly known as the short term cooperative credit
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structure (ST CCS) and the long term cooperative credit structure (LT
CCS). The ST CCS, comprising primary agricultural credit societies
--- Content provided by FirstRanker.com ---
(PACS) at the village level, district central cooperative banks (DCCBs)at the intermediate level, and the state cooperative bank (SCB) at the
apex level, primarily provides short term crop loans and other working
--- Content provided by FirstRanker.com ---
capital loans to farmers and rural artisans, although over the last few
years, it has also been providing longer duration loans for investments
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in the rural sector. The LT CCS, comprising state cooperativeagriculture and rural development bank (SCARDB) at the state level
and primary (P) CARDBs or branches of SCARDB at the decentralised
--- Content provided by FirstRanker.com ---
district or block level, has been providing typically medium and long
tem loans for making investments in agriculture, rural industries, and
--- Content provided by FirstRanker.com ---
lately housing.Over the past 10 years, however, not only has the share of the CCS in
agricultural credit fallen from 62% in 1992-93 to 34% in 2002-03, its
--- Content provided by FirstRanker.com ---
financial health has also seen a downturn. Accumulated losses in the
ST CCS have been estimated at almost Rs. 10,000 crore, and those in
--- Content provided by FirstRanker.com ---
the LT CCS at about Rs. 4,000 crore.Various committees had been set up in the past to enquire into the
problems faced by the CCS institutions, and to make recommendations
--- Content provided by FirstRanker.com ---
for their revival. No concrete action was however taken on these
--- Content provided by FirstRanker.com ---
recommendations due to various reasons. The Government of India
(GoI) appointed a Task Force under the Chairmanship of Prof. A
--- Content provided by FirstRanker.com ---
Vaidyanathan in 2004 to analyse the problems faced by the CCSinstitutions and to suggest an action plan for their revival. The draft
report of the Task Force was put in the public domain for comments in
--- Content provided by FirstRanker.com ---
January 2005, and after considering the responses on the draft report,
the finalised Report of Task Force on Revival of Rural Cooperative
--- Content provided by FirstRanker.com ---
Credit Institutions (in the ST CCS) was submitted to the GoI inFebruary 2005. During 2005, the GoI had extensive discussions with
the state governments on the recommendations of the Task Force on
--- Content provided by FirstRanker.com ---
ST CCS, and a consensus was achieved on the Revival Package that
could be implemented across the country. This Revival Package was
--- Content provided by FirstRanker.com ---
communicated to the state governments in January 2006.The Revival Package focuses on introducing legal and institutional
reforms which will enable the cooperatives to function as autonomous
--- Content provided by FirstRanker.com ---
member centric and member governed institutions. These reforms will
enable wider access to financial resources and investment
--- Content provided by FirstRanker.com ---
opportunities, remove geographical restrictions in operations as well asmandated affiliations to federal structures, and provide administrative
autonomy to cooperatives at all levels. Suitable amendments in the BR
--- Content provided by FirstRanker.com ---
Act and certain provisions in the NABARD Act are also contemplated.
In addition to providing resources for covering the accumulated losses
--- Content provided by FirstRanker.com ---
in the ST CCS, the Package also provides for taking cooperatives to aminimum level of CRAR of 7%, and meet the costs of computerisation
and human resource development at all the levels of the ST CCS. The
--- Content provided by FirstRanker.com ---
sharing of the accumulated losses between GoI, state govt., and the
CCS is based on the concept of origin of losses rather than any
--- Content provided by FirstRanker.com ---
arbitrary proportions.3.3 Department for Cooperative Revival and Reforms (DCRR)
--- Content provided by FirstRanker.com ---
NABARD has been designated the Implementing Agency for
implementing the Revival Package in all the states. The Department for
--- Content provided by FirstRanker.com ---
Cooperative Revival and Reforms (DCRR) has been constituted in
NABARD for this purpose. NABARD is providing dedicated
--- Content provided by FirstRanker.com ---
manpower at the national, state and district levels for implementing thePackage.
The implementation of the Revival Package is guided and monitored
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by the National Implementing and Monitoring Committee (NIMC)
chaired by Dr. Y V Reddy, Governor, RBI. Similar state and district
--- Content provided by FirstRanker.com ---
level committees are also constituted for the purpose. Five States, viz.,Maharashtra, Madhya Pradesh, Gujarat, Rajasthan, and Orissa have
communicated their in principle acceptance of the Revival Package to
--- Content provided by FirstRanker.com ---
the GoI. Steps have been initiated in these states for the
implementation of the Revival Package.
--- Content provided by FirstRanker.com ---
The process of implementing the Revival Package in any state beginswith the signing of the MoU between the GoI, the participating State
government and NABARD. The next step is conduct of special audit to
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determine the correct amount of accumulated losses in PACS, DCCBs
and SCB of a state. Special formats and a manual have been designed
--- Content provided by FirstRanker.com ---
by NABARD to facilitate this exercise. These special audits would beconducted either by the personnel from the cooperative audit
department of the state or by selected outsourced auditors. In either
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case, the exercise will be test checked by a set of independent
Chartered Accountants who will report to the district level
--- Content provided by FirstRanker.com ---
implementation and monitoring committee (DLIC) constituted forguiding and overseeing the implementation in each district. NABARD
has however decided to create a pool of trainers for special audits in all
--- Content provided by FirstRanker.com ---
the states which have conveyed at least an in principle acceptance of
the Revival Package to the GoI even if the state is yet to sign the MoU
--- Content provided by FirstRanker.com ---
with the GoI and NABARD.--- Content provided by FirstRanker.com ---
The participating State is also required to sign an MoU with the RBI togive interim effect to the proposed amendments in the BR Act which
will ensure that the RBI will have direct regulatory authority over all
--- Content provided by FirstRanker.com ---
cooperative banks in the state.
The State would also promulgate an Ordinance to amend the State
--- Content provided by FirstRanker.com ---
Cooperative Societies Act to give effect to the institutional and legalreforms envisaged in the Revival Package and would enact the
necessary legislation in due course. Certain provisions are also being
--- Content provided by FirstRanker.com ---
made within the NABARD Act to enable availability of NABARD
refinance to the cooperatives at any of the levels either directly or
--- Content provided by FirstRanker.com ---
through a federal cooperative or any regulated FI.The RBI is prescribing fit and proper criteria for election to the Boards
of the cooperative banks along with criterion for professionalisation of
--- Content provided by FirstRanker.com ---
the boards of these banks. RBI is also prescribing the minimum
qualifications for the CEOs of DCCBs and SCBs. A common
--- Content provided by FirstRanker.com ---
accounting system is being designed for the ST CCS which will ensuretransparency and prudent accounting methods. The system would be
computerised as part of the Revival Package and would generate
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necessary MIS for internal control and management decisions as well
as meeting the needs of other associated agencies.
--- Content provided by FirstRanker.com ---
3.4Cooperative
Development
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Fund
(CDF)
--- Content provided by FirstRanker.com ---
In pursuance with the recommendations of the ParliamentaryCommittee on Agriculture, NABARD had created Co-operative
Development Fund for providing assistance to Co-operative Credit
--- Content provided by FirstRanker.com ---
Institutions for improving their infrastructural facilities for growth. The
Objectives
--- Content provided by FirstRanker.com ---
andPurposes
of
--- Content provided by FirstRanker.com ---
the
fund
--- Content provided by FirstRanker.com ---
areSupporting the efforts of grass root level institutions (PACS) to
mobilize resources etc., Human Resource Development aimed at
--- Content provided by FirstRanker.com ---
achieving better working results and improvements in viability and
also for improvement in systems in cooperative credit institutions,
--- Content provided by FirstRanker.com ---
Building of better MIS and Conduct of special studies for improving
--- Content provided by FirstRanker.com ---
functional efficiency and on subjects referred to above.The Fund, which started with an initial corpus of Rs.10.00 crore from
the surplus contributed by NABARD, has a balance of Rs.115.68 crore
--- Content provided by FirstRanker.com ---
as on 31 March, 2003. The assistance sanctioned to various cooperative
institutions from the Fund till 31 March, 2004 aggregated to Rs.62.18
--- Content provided by FirstRanker.com ---
crore against which an amount of Rs.50.87 crore has been disbursed.The eligible purposes for assistance are Provision of infrastructural
facilities to PACS for deposit mobilization, Staff training and faculty
--- Content provided by FirstRanker.com ---
support, Computerisation support for building of MIS in cooperative
banks, Conduct of special studies, Creation of a conducive recovery
--- Content provided by FirstRanker.com ---
climate through meeting the cost of publicity, media, etc., Providingmobility to the field staff for improving recovery, Reimbursement of
training expenditure to ACSTIs and JLTCs , Best Performance Awards
--- Content provided by FirstRanker.com ---
to Cooperative Banks,Establishment of Business Development
Department (BDD) in Cooperative Banks, and Publicity of Kisan
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Credit Cards (KCC).Assistance is provided by way of grant, soft loanor grant-cum-soft loan.
3.5 Role of National Cooperative Data Bank
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In the era of e-commerce and highly competitive market driven
economy, the cooperatives must improve their management
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capabilities to withstand challenges and they have to devise timely andeffective measures. There is a need for an effective information system
with a sound communication network to help the management in their
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decision making process. Considering the importance of information
system in the decision making process of cooperative management as
--- Content provided by FirstRanker.com ---
well as in the absence of centralised information system, the NCUIsome time in 1989 took a decision and set up a National Cooperative
Data Bank with the objectives to:
--- Content provided by FirstRanker.com ---
Create
--- Content provided by FirstRanker.com ---
awareness
among
--- Content provided by FirstRanker.com ---
themember
organisations about importance of effective data
--- Content provided by FirstRanker.com ---
base.Identify areas of training of cooperative
managerial personnel in the use of technology
--- Content provided by FirstRanker.com ---
and computers for efficient management.Evolve an effective management information
system within the NCUI and promote the
--- Content provided by FirstRanker.com ---
management information system in cooperativesand usages of modern technology.
Evolve effective monitoring system for
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implementation of various activities of NCUIincluding cooperative projects.
Develop suitable software programmes for the
--- Content provided by FirstRanker.com ---
use of cooperative training set up consisting ofone
National
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Instituteof
Cooperative
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Management and 18 Institutes of Cooperative
Management for Sr. and Middle level
Executives.
--- Content provided by FirstRanker.com ---
Assist and help the policy makers and plannersin formulating cooperative development policies
Assist and guide the research scholars in
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promoting
cooperative
--- Content provided by FirstRanker.com ---
researchin
the
--- Content provided by FirstRanker.com ---
universities
Develop educational modules and promote the
--- Content provided by FirstRanker.com ---
concept of data banks withmember
organisations
--- Content provided by FirstRanker.com ---
Act as resource centre for collection and
dissemination of cooperative information
--- Content provided by FirstRanker.com ---
Develop a sound network of cooperativeinformation system and establish the linkages
with other national and international network.
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3.5.1 Services of NCDB
The NCDB has been rendering the services as mentioned below:
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1. Establishing the state level Cooperative data banks and
developing a network.
--- Content provided by FirstRanker.com ---
2. Establishing a sound data bases of Cooperatives and Publishinga regular profile of Indian Cooperative Movement ? an
Analytical study.
--- Content provided by FirstRanker.com ---
3. Developing the Training Modules and application software of
--- Content provided by FirstRanker.com ---
Credit and Non-Credit segments of Cooperative.
4. Studying the trend analysis of important sectors of cooperatives
--- Content provided by FirstRanker.com ---
and published many studies of credit and non-creditcooperatives.
With the passage of the Insurance Act, cooperatives have been allowed
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to entry into the insurance business. Insurance is a field where the
immense potential of cooperatives still remains untapped. The Indian
--- Content provided by FirstRanker.com ---
Farmers Fertiliser Cooperative has recently teamed up with a Japanesecompany and formed a joint venture for undertaking general insurance
business in India. This signifies that Indian cooperatives have come of
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age in formulating strategic alliances.
3.6 Summary
Over the last 100 years, the cooperatives can look back at their
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achievements with pride. There are however several pitfalls like Poor
infrastructure, lack of quality management, over-dependence on
--- Content provided by FirstRanker.com ---
government, dormant membership, non-conduct of elections, lack ofstrong human resources policy, neglect of professionalism, etc. In the
new economic environment, cooperatives at all levels are making
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efforts to reorient their functions according to the market demands. The
government is committed to cooperative development and it wants
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cooperatives to succeed. The Government of India (GoI) appointed aTask Force under the Chairmanship of Prof. A Vaidyanathan in 2004
to analyse the problems faced by the CCS institutions and to suggest an
--- Content provided by FirstRanker.com ---
action plan for their revival. The Revival Package focuses on
introducing legal and institutional reforms which will enable the
--- Content provided by FirstRanker.com ---
cooperatives to function as autonomous member centric and membergoverned institutions. The Department for Cooperative Revival and
Reforms (DCRR) has been constituted in NABARD for this purpose.
--- Content provided by FirstRanker.com ---
NABARD is providing dedicated manpower at the national, state and
--- Content provided by FirstRanker.com ---
district levels for implementing the Package. In pursuance with the
recommendations of the Parliamentary Committee on Agriculture,
--- Content provided by FirstRanker.com ---
NABARD had created Co-operative Development Fund for providingassistance to Co-operative Credit Institutions for improving their
infrastructural facilities for growth. The Objectives and Purposes of the
--- Content provided by FirstRanker.com ---
fund
are
--- Content provided by FirstRanker.com ---
Supporting the efforts of grass root level institutions (PACS) tomobilize resources etc. With the passage of the Insurance Act,
cooperatives have been allowed to entry into the insurance business.
--- Content provided by FirstRanker.com ---
Insurance is a field where the immense potential of cooperatives still
remains untapped.
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-x-x-x-x-x-Important Glossary
(a)
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Cooperative Society means a society registered or
deemed to be registered under any law relating to
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cooperative societies for the time being in force inany State.
(b)
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Member means a person joining in the application
for the registration of a multi-State cooperative
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Society and includes a person admitted tomembership after such registration in accordance
with the provisions of Cooperative Societies Act,
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the rules and the bye-laws.
(c)
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Bye-Laws means the bye-laws for the time beingin force which have been duly registered under this
Act and includes amendments thereto which have
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been duly registered under the Cooperative
Societies Act.
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(d)Registrar of Cooperatives Official appointed to
oversee regulation and carry out regulatory duties
--- Content provided by FirstRanker.com ---
set out in the Cooperative Societies Act. Maintains
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register of cooperatives. Collects, approves, issues
and files legal documents related to the
--- Content provided by FirstRanker.com ---
registration, incorporation and operation ofcooperatives.
(e)
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Cooperative Bank means a cooperative society
which undertakes banking business.
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(f)Cooperative Year in relation to any cooperative
society, means the year ending on the 30th day of
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June and where the accounts of such society with
the previous sanction of the Central Registrar,
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balanced on any other day, the year ending on suchday.
(g)
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Multi-State Cooperative Society means a society
registered or deemed to be registered to establish
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in more than one state under Multi-StateCooperative Societies Act and includes a national
cooperative society.
--- Content provided by FirstRanker.com ---
(h)
Consumer cooperatives buy goods in bulk and sell
--- Content provided by FirstRanker.com ---
them at competitive prices; examples are retail co-ops, direct charge co-ops, and buyers' clubs.
(i)
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Employment cooperatives provide employment to
the worker-members who produce and/or market
--- Content provided by FirstRanker.com ---
their goods or services through the cooperative;examples include bakeries, janitorial services, and
printing/publishing plants. Also called Worker
--- Content provided by FirstRanker.com ---
cooperatives.
(j)
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Financial cooperatives provide a variety offinancial services such as savings, investments and
--- Content provided by FirstRanker.com ---
loans; examples include credit unions, insurance
and trust cooperatives.
--- Content provided by FirstRanker.com ---
(k)
Marketing cooperatives established to support
--- Content provided by FirstRanker.com ---
members' efforts to sell their products; examplesinclude agricultural cooperatives.
(l)
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Producer cooperatives owned by producers for
their mutual benefit; examples include dairy,
--- Content provided by FirstRanker.com ---
feeder, film, fishery, handcraft and worker(employment) cooperatives.
(m)
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Service cooperatives provide needed services,
generally at improved quality, price and
--- Content provided by FirstRanker.com ---
availability; examples include health care, childcare, cablevision, farm machinery, housing and
transportation cooperatives.
--- Content provided by FirstRanker.com ---
-x-x-x-x-x-
Review Questions:
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1) Discuss briefly major principles and values ofcooperation.
2) Discuss the major provisions and features of
--- Content provided by FirstRanker.com ---
Cooperative Societies Act.
3) Describe briefly the role of RBI in Cooperative Banking
--- Content provided by FirstRanker.com ---
Systems in India.4) Examine the evolution of Cooperatives and Credit
situation in India.
--- Content provided by FirstRanker.com ---
5) Explain the main features of Cooperative Credit
Structure (CCS).
--- Content provided by FirstRanker.com ---
6) State objectives of NABARD and type of financesavailable for cooperatives.
7) Critically examine the issues of cooperative credit
--- Content provided by FirstRanker.com ---
system in India.
--- Content provided by FirstRanker.com ---
8) Discuss in detail about reforms in cooperative credit and
give your views and suggestions briefly.
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-x-x-x-x-x-
References & Further to study:
--- Content provided by FirstRanker.com ---
1) G. S. Kamat : "New Dimensions of Co-operative
Management"
--- Content provided by FirstRanker.com ---
2) K. K. Taimani : "Co-operative Organization and
Management"
--- Content provided by FirstRanker.com ---
3) I L O : "Co-operative Management and Administration"4) Mukki. H.R : "Cooperation in India"
5) Mathur. B.L ? "Rural development and Cooperation"
--- Content provided by FirstRanker.com ---
6) Selvaraju. R ? "Cooperative in new millennium"
7) Mahesh Chand Garg and N.N. Joshi: "Cooperative
--- Content provided by FirstRanker.com ---
Credit and Banking: Strategies for Development"8) National Cooperative Union of India (www.ncui.nic.in)
9) National Federation of State Co-operative Banks Ltd.
--- Content provided by FirstRanker.com ---
(www.nafscob.org)
10) Publications of Reserve Bank of India (www.rbi.org.in)
--- Content provided by FirstRanker.com ---
11) Publications of NABARD (www.nabard.org)12) www.indiacode.nic.in
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
Unit-III
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Non-Banking Financial Companies
--- Content provided by FirstRanker.com ---
ObjectivesAfter reading and having discussion of this unit, the aspirants will be
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able to understand the nature, feature and functions of Non-Banking
Financial Companies (NBFCs) in India; financial sector reforms and
--- Content provided by FirstRanker.com ---
additional measures; relevant regulations and guidelines from RBI,SEBI and other Statutory bodies; and able to understand and apply the
norms and directions existing in the financial sector.
--- Content provided by FirstRanker.com ---
Structure of Unit
The unit is divided into 3 Lessons which will give overall idea of
--- Content provided by FirstRanker.com ---
NBFCs and their activities; Regulations for NBFCs and for acceptingpublic deposits; and Prudential Norms , other guidelines for NBFCs
and Sources and Deployment of Funds. Each every lesson and chapters
--- Content provided by FirstRanker.com ---
are structured and explained to understand easily as below:
Lesson-1: Non-Banking Financial Companies in India
--- Content provided by FirstRanker.com ---
Lesson-2: Regulations for Non-Banking Financial Companies
and
--- Content provided by FirstRanker.com ---
Lesson-3: Sources and Deployment of Funds of NBFCs
--- Content provided by FirstRanker.com ---
Review QuestionsAppendix-1: Forms used by NBFCs
Appendix-2: Important Glossary
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References & Further to Study
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
Lesson-1
--- Content provided by FirstRanker.com ---
Non-Banking Finance Companies in India
--- Content provided by FirstRanker.com ---
Objectives--- Content provided by FirstRanker.com ---
This lesson will focus on Non-Banking Financial Companies in Indiatheir activities in detail. Students will be able to understand present
scenario of NBFCs and operating activities.
--- Content provided by FirstRanker.com ---
This lesson will be covered the following for better understanding in
detail:
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1.1 Introduction1.2 Definition of Non-Banking Financial Companies
1.2.1 Difference between banks & NBFCs
1.3
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Different type of NBFCs1.4
Type of Services provided by NBFCs
--- Content provided by FirstRanker.com ---
1.4.1 Hire Purchase Services
1.4.2 Leasing Services
1.4.3 Housing Finance Services
1.4.4 Asset Management Company
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1.4.5 Venture Capital Companies1.4.6 Mutual Benefit Finance Companies
1.5
Financial Sector Reforms & Liberalization
--- Content provided by FirstRanker.com ---
measures for
NBFCs
1.6
--- Content provided by FirstRanker.com ---
Recent Trends in NBFC Sector1.7
Summary
--- Content provided by FirstRanker.com ---
1.1 Introduction
--- Content provided by FirstRanker.com ---
Non-Banking Financial Companies play an important and crucial rolein broadening access to financial services, enhancing competition and
diversification of the financial sector. There are different types of
--- Content provided by FirstRanker.com ---
institutions involved in financial services in India. These include
commercial banks, financial institutions (FIs) and non-banking finance
--- Content provided by FirstRanker.com ---
companies (NBFCs) (Fig.1). Due to the financial sector reforms,NBFCs have been emerged as an integral part of the Indian financial
system. Non-banking finance companies frequently act as suppliers of
--- Content provided by FirstRanker.com ---
loans & credit facilities and accept deposits, operating mutual funds
and similar other functions. They are competitive and complimentary
--- Content provided by FirstRanker.com ---
to banks and financial institutions. There are 13261 registered NBFCsin India as of June 2005 engaged in the financial services.
--- Content provided by FirstRanker.com ---
Table-1: Number of Non-Banking
Financial Companies
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NBFCs Accepting
End-June
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All NBFCsPublic Deposits
1999
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7,855
624
--- Content provided by FirstRanker.com ---
20008,451
679
--- Content provided by FirstRanker.com ---
2001
13,815
--- Content provided by FirstRanker.com ---
7762002
14,077
--- Content provided by FirstRanker.com ---
784
2003
--- Content provided by FirstRanker.com ---
13,849710
2004
--- Content provided by FirstRanker.com ---
13,764
604
--- Content provided by FirstRanker.com ---
2005*13,261
507
--- Content provided by FirstRanker.com ---
* : net of cancellation.
--- Content provided by FirstRanker.com ---
Source: RBINBFCs have registered significant growth in recent years both in terms
of number and volume of business transactions (Table-2). The
--- Content provided by FirstRanker.com ---
equipment leasing and hire purchase finance companies finance
productive assets. NBFCs role in financing consumer durables and
--- Content provided by FirstRanker.com ---
automobiles are very aggressive. The rapid growth in the business ofNBFCs urged for effective regulatory action to protect the interests of
investors. The Reserve Bank has started regulating the activities of
--- Content provided by FirstRanker.com ---
NBFCs with the twin objectives of ensuring that they subserve the
financial system efficiently and do not jeopardise the interest of
--- Content provided by FirstRanker.com ---
depositors.RBI has identified as many as 12 categories of NBFCs. Five of them
are regulated by the RBI, Chit funds jointly by the RBI and the
--- Content provided by FirstRanker.com ---
Registrar of Chits and two (mutual benefit funds including nidhis and
micro finance companies) by the Department of Company Affairs,
--- Content provided by FirstRanker.com ---
Government of India. The National Housing Bank (NHB) regulateshousing finance companies. Stock Broking and Merchant Banking
Companies are regulated by the Securities and Exchange Board of
--- Content provided by FirstRanker.com ---
India and insurance companies come under the Insurance Regulatory
and Development Authority.
--- Content provided by FirstRanker.com ---
Table-2: Profile of Non-Banking Financial Companies
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(Amount in Rs. crore)Item
As at End-March
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2003
2004
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2005of
of
--- Content provided by FirstRanker.com ---
of
--- Content provided by FirstRanker.com ---
NBFCs which: NBFCs which: NBFCs which:RNBCs
RNBCs
--- Content provided by FirstRanker.com ---
RNBCs
Number of companies
--- Content provided by FirstRanker.com ---
8755
777
--- Content provided by FirstRanker.com ---
3
573
--- Content provided by FirstRanker.com ---
3reporting
Total Assets
--- Content provided by FirstRanker.com ---
58,071 20,362 50,709 17,955 52,900 19,056(35.1%)
--- Content provided by FirstRanker.com ---
(35.4%)
(36.0%)
--- Content provided by FirstRanker.com ---
Public Deposits20,100 15,065 19,644 15,327 20,246 16,600
--- Content provided by FirstRanker.com ---
(75.0%)
(78.1%)
--- Content provided by FirstRanker.com ---
(82.0%)Net Owned Funds
4,950
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809
5,098
--- Content provided by FirstRanker.com ---
1,0025,510
1,065
--- Content provided by FirstRanker.com ---
Fig.1: The Indian Financial system and Non-Banking Financial
--- Content provided by FirstRanker.com ---
Companies1.2 Definition of Non-banking Finance Company,
A Non-Banking Financial Company (NBFC) is a company
--- Content provided by FirstRanker.com ---
registered under the Companies Act, 1956 and is engaged in the
business of loans and advances, acquisition of shares, securities,
--- Content provided by FirstRanker.com ---
leasing, hire-purchase, insurance business, and chit business.1.2.1 Difference between banks & NBFCs
NBFCs are doing functions similar to that of banks, however
--- Content provided by FirstRanker.com ---
there are a few differences:
1) a NBFC cannot accept demand deposits,
--- Content provided by FirstRanker.com ---
2) it is not a part of the payment and settlement system and assuch cannot issue cheques to its customers, and
3) deposit insurance facility of DICGC is not available for
--- Content provided by FirstRanker.com ---
NBFC depositors unlike in case of banks.
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
1.3 Different types of NBFCs
--- Content provided by FirstRanker.com ---
There are different categories of NBFC's operating in India under thesupervisory control of RBI. They are:
1. Non-Banking Financial Companies (NBFCs)
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2. Residuary Non-banking Finance companies(RNBCs).
3. Miscellaneous Non-Banking Finance Companies (MNBCs)
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andResiduary Non-Banking Company is a class of NBFC, which is a
company and has as its principal business the receiving of deposits,
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under any scheme or arrangement or in any other manner and not being
Investment, Leasing, Hire-Purchase, Loan Company. These companies
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are required to maintain investments as per directions of RBI, inaddition to liquid assets. The functioning of these companies is
different from those of NBFCs in terms of method of mobilization of
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deposits and requirement of deployment of depositors' funds. Peerless
Financial Company is the example of RNBCs.
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Miscellaneous Non-Banking Financial Companies are another type ofNBFCs and MNBC means a company carrying on all or any of the
types of business as collecting, managing, conducting or supervising
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as a promoter or in any other capacity, conducting any other form of
chit or kuri which is different from the type of business mentioned
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above and any other business similar to the business as referred above.1.4 Type of Services provided by NBFCs
NBFCs provide range of financial services to their clients. Types of
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services under non-banking finance services include the following:
1. Hire Purchase Services
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2. Leasing Services3. Housing Finance Services
4. Asset Management Services
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5. Venture Capital Services
6. Mutual Benefit Finance Services (Nidhi)
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The above type of companies may be further classified into those
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accepting deposits or those not accepting deposits.Now we take a look at each type of service that an NBFC could
undertake.
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1.4.1 Hire Purchase Services
Hire purchase the legal term for a conditional sale contract with an
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intention to finance consumers towards vehicles, white goods etc. If abuyer cannot afford to pay the price as a lump sum but can afford to
pay a percentage as a deposit, the contract allows the buyer to hire the
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goods for a monthly rent. If the buyer defaults in paying the
installments, the owner can repossess the goods. HP is a different form
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of credit system among other unsecured consumer credit systems andbenefits. Hero Honda Motor Finance Co., Bajaj Auto Finance
Company is some of the HP financing companies.
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1.4.2 Leasing Services
A lease or tenancy is a contract that transfers the right to possess
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specific property. Leasing service includes the leasing of assets to othercompanies either on operating lease or finance lease. An NBFC may
obtain license to commence leasing services subject to , they shall not
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hold, deal or trade in real estate business and shall not fix the period of
lease for less than 3 years in the case of any finance lease agreement
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except in case of computers and other IT accessories. First CenturyLeasing Company Ltd., Sundaram Finance Ltd. is some of the Leasing
companies in India.
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1.4.3 Housing Finance Services
Housing Finance Services means financial services related to
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development and construction of residential and commercialproperties. An Housing Finance Company approved by the National
Housing Bank may undertake the services /activities such as Providing
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long term finance for the purpose of constructing, purchasing or
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renovating any property, Managing public or private sector projects in
the housing and urban development sector and Financing against
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existing property by way of mortgage. ICICI Home Finance Ltd., LICHousing Finance Co. Ltd., HDFC is some of the housing finance
companies in our country.
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1.4.4 Asset Management Company
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Asset Management Company is managing and investing the pooledfunds of retail investors in securities in line with the stated investment
objectives and provides more diversification, liquidity, and
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professional management service to the individual investors. Mutual
Funds are comes under this category. Most of the financial institutions
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having their subsidiaries as Asset Management Company like SBI,BOB, UTI and many others.
1.4.5 Venture Capital Companies
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Venture capital Finance is a unique form of financing activity that is
undertaken on the belief of high-risk-high-return. Venture capitalists
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invest in those risky projects or companies (ventures) that have successpotential and could promise sufficient return to justify such gamble.
Venture capitalist not only provides finance but also often provides
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managerial or technical expertise to venture projects. In India, venture
capital concentrate on seed capital finance for high technology and for
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research & development. ICICI ventures and Gujarat Venture are oneof the first venture capital organizations in India and SIDBI, IDBI and
others also promoting venture capital finance activities.
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1.4.6 Mutual Benefit Finance Companies (MBFC's),
A mutual fund is a financial intermediary that allows a group of
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investors to pool their money together with a predetermined investmentobjective. The mutual fund will have a fund manager who is
responsible for investing the pooled money into specific
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securities/bonds. Mutual funds are one of the best investments ever
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created because they are very cost efficient and very easy to invest in.
By pooling money together in a mutual fund, investors can purchase
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stocks or bonds with much lower trading costs than if they tried to do iton their own. But the biggest advantage to mutual funds is
diversification.
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There are two main types of such funds, open-ended fund and close-
ended mutual funds. In case of open-ended fund, the fund manager
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continuously allows investors to join or leave the fund. The fund is setup as a trust, with an independent trustee, who keeps custody over the
assets of the trust. Each share of the trust is called a Unit and the fund
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itself is called a Mutual Fund. The portfolio of investments of the
Mutual Fund is normally evaluated daily by the fund manager on the
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basis of prevailing market prices of the securities in the portfolio andthis will be divided by the number of units issued to determine the Net
Asset Value (NAV) per unit. An investor can join or leave the fund on
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the basis of the NAV per unit.
In contrast, a close-end fund is similar to a listed company with respect
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to its share capital. These shares are not redeemable and are traded inthe stock exchange like any other listed securities. Value of units of
close-end funds is determined by market forces and is available at 20-
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30% discount to their NAV.
1.5 Financial Sector Reforms & Liberalization measures for
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NBFCsDuring the period from 1992-93 to 1995-96 Indian Government took
many steps to reform the financial sector like liberalized bank norms,
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higher ceiling on term loans, allowed to set their own interest rates,
freed to fix their own foreign exchange open position subject of RBI
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approval and guidelines issued to ensure qualitative improvement intheir customer service.
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Foreign equity investments in NBFCs are permitted in more than17
categories of NBFC activities approved for foreign equity investments
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such as merchant banking, stock broking, venture capital, housing
finance, forex broking, leasing and finance, financial consultancy etc.
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Guidelines for foreign investment in NBFC sector have been amendedso as to provide for a minimum capitalization norm for the activities,
which are not fund based and only advisory, or consultancy in nature,
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irrespective of the foreign equity participation level.
The objectives behind the reforms in the financial sector are to improve
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the efficiency and competitiveness in the systems.1.6 Recent trends in Non-Banking Financial Companies Sector
NBFCs initially cater to the needs of individual and small savings
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investors and later developed into financial institutions, providing
services similar to those of banks. NBFCs have many tailor made
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services for their clients with lesser degree of regulation. They haveoffered high rate of interest to their investors and atrracted many small
size investors. In 1998, Reserve Bank of India implemented
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unprecedented regulatory measures to safeguard the public deposits.
The Bank has issued detailed directions on prudential norms, vide
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Non-Banking Financial Companies Prudential Norms (Reserve Bank)Directions, 1998. The directions interalia, prescribe guidelines on
income recognition, asset classification and provisioning requirements
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applicable to NBFCs, exposure norms, constitution of audit committee,
disclosures in the balance sheet, requirement of capital adequacy,
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restrictions on investments in land and building and unquoted shares.The RBI has issued guidelines for entry of NBFCs into insurance
sector in June 2000 . Accordingly no NBFC registered with RBI
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having owned fund of Rs.2 Crore as per the last audited Balance Sheet
would be permitted to undertake insurance business as agent of
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insurance companies on fee basis, without any risk participation.--- Content provided by FirstRanker.com ---
The focus of regulatory initiatives in respect of financial institutions(FIs) during 2004-05 was to strengthen the prudential guidelines
relating to asset classification, provisioning, exposure to a single/group
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borrower and governance norms. Business operations of FIs expanded
during 2004-05. Their financial performance also improved, resulting
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from an increase in net interest income. Significant improvement wasalso observed in the asset quality of FIs, in general. The capital
adequacy ratio of FIs continued to remain at a high level,
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notwithstanding some decline during the year.
Regulatory initiatives in respect of NBFCs during the year related to
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issuance of guidelines on credit/debit cards, reporting arrangements forlarge sized NBFCs not accepting/holding public deposits, norms for
premature withdrawal of deposits, cover for public deposits and know
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your customer (KYC) guidelines. Profitability of NBFCs improved in
2003-04 and 2004-05 mainly on account of containment of
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expenditure. While gross NPAs of NBFCs, as a group, declined during2003-04 and 2004-05, net NPAs after declining marginally during
2003-04, increased significantly during 2004-05.
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1.7 Summary
Non-Banking Financial Companies play an important and crucial role
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in broadening access to financial services, enhancing competition anddiversification of the financial sector. There are different types of
institutions involved in financial services in India. These include
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commercial banks, financial institutions (FIs) and non-banking finance
companies (NBFCs). Due to the financial sector reforms, NBFCs have
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been emerged as an integral part of the Indian financial system. Non-banking finance companies frequently act as suppliers of loans & credit
facilities and accept deposits, operating mutual funds and similar other
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functions. They are competitive and complimentary to banks and
financial institutions. Many steps were taken in 1995-96 to reduce
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controls and remove operational constraints in the banking system.
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These include interest rate decontrol, liberalization and selectiveremoval of Cash Reserve Ratio (CRR) stipulation, enhanced refinance
facilities against government and other approved securities.
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---------------
Lesson-2
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Regulations for NBFCsObjectives
After going through this lesson , students will be able to understand
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and apply the regulations and guidelines prescribed for NBFCs in
India.
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In this lesson relevant norms and regulations will be discussed , whichare currently existing in India, as follows:
2.1
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Introduction
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2.2
Requirements for registration with RBI
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2.3NBFCs exempted from registration
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2.4
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Regulations for NBFCs--- Content provided by FirstRanker.com ---
2.5
Regulations for Residuary Non-Banking Financial
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Companies ?RNBC--- Content provided by FirstRanker.com ---
2.5.1 Minimum Rate of Return--- Content provided by FirstRanker.com ---
2.6
Prudential Norms for NBFCs
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2.6.1 Income Recognition
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2.6.2 Income from Investments--- Content provided by FirstRanker.com ---
2.6.3 Accounting for Investments
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2.6.4 Requirement as to Capital Adequacy
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2.6.5 Asset Classification
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2.6.5.1 Standard Assets
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2.6.5.2 Sub-Standard Assets--- Content provided by FirstRanker.com ---
2.6.5.3 Doubtful Assets
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2.6.5.4 Loss Assets
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2.6.6 Provisioning Requirements
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2.6.6.1 Provision on Loans, Advances and Other Credit
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Facilities including bills purchased
and discounted
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2.6.6.2 Provision on Lease and Hire Purchase Assets
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2.6.7 Regulation through Auditors Report
2.6.7.1 Matters to be included in the Auditors Report
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2.6.8 Summary--- Content provided by FirstRanker.com ---
2.1 IntroductionThe Reserve Bank of India is entrusted with the responsibility of
regulating and supervising the Non-Banking Financial Companies by
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virtue of powers vested in Chapter III B of the Reserve Bank of India
Act, 1934. The regulatory and supervisory objective is to:
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a. ensure healthy growth of the financial companies;b. ensure that these companies function as a part of the
financial system within the policy framework, in such a
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manner that their existence and functioning do not lead to
systemic aberrations; and that
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c. the quality of surveillance and supervision exercised by theBank over the NBFCs is sustained by keeping pace with the
developments that take place in this sector of the financial
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system.
Department of Non-Banking Supervision (DNBS) has been created by
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RBI in January 1977 and the following Regulatory and SupervisoryFramework has been established:
1 Entry norms for Non-Banking Financial Companies (NBFCs)
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and prohibition of deposit acceptance by unincorporated bodies
with some exceptions
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2 Powers of the Bank to issue asset side regulations3 Compulsory registration, maintenance of liquid assets and
reserve fund
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4 Directions on acceptance of deposits and prudential regulation
5 Comprehensive regulation of deposit taking NBFCs
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Punitive action like cancellation of Certificate of Registration,prohibition from acceptance of deposits and alienation of assets,
filing criminal complaints and winding up petitions in extreme cases,
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appointment of RBI observers in certain cases.
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The RBI has evolved a supervisory framework for NBFCs comprising
(a) on-site inspection (CAMELS pattern) (b) off-site monitoring
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through returns (c) market intelligence, (d) auditors' exception reports.2.2 Requirements for registration with RBI
A company incorporated under the Companies Act, 1956 and desirous
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of commencing business of non-banking financial institution as defined
under Section 45 I(a) of the RBI Act, 1934 should have a minimum net
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owned fund of Rs 25 lakh (raised to Rs 200 lakh w.e.f April 21, 1999).The company is required to submit its application for registration in the
prescribed format along with necessary documents for Banks
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consideration. The Bank issues Certificate of Registration after
satisfying itself that the conditions as enumerated in Section 45-IA of
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the RBI Act, 1934 are satisfied.2.3 NBFCs exempted from registration
The following NBFCs have been exempted from the requirement of
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registration under Section 45-IA of the RBI Act, 1934 subject to
certain conditions :-
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Housing Finance Companies as defined in Section 2(d) of theNational Housing Bank Act, 1987;
Merchant Banking Companies registered with the Securities and
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Exchange Board of India as a Merchant Banker under Section 12 of the
Securities and Exchange Board of India Act, 1992 and is carrying on
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the business of merchant Banker in accordance with the Securities andExchange Board of India Merchant Banking (Rules) 1992 and
Securities and Exchange Board of India Merchant Banking
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(Regulations) 1992 and does not carry any financial activity and does
not accept or hold public deposits;
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Micro Finance Companies which are engaged in micro financingactivities, providing credit not exceeding Rs. 50,000 for a business
enterprise and Rs. 1,25,000 for meeting the cost of a dwelling unit to
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any poor person for enabling him to raise his level of income and
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standard of living and licensed under Section 25 of the Companies Act,
1956 and not accepting public deposits.
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Mutual Benefit Companies as defined in paragraph 2(1) (ixa) of theNon-Banking Financial Companies Acceptance of Public Deposits
(Reserve Bank) Directions, 1998 and not notified under section 620A
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of the Companies Act, 1956, which are carrying on the business of a
non-banking financial institution and having the aggregate of net
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owned funds and preferential share capital of not less than Rs.10 Lakhsand is complying with the requirements contained in the relevant
provisions of the Directions issued under Section 637A of the
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Companies Act, 1956 to Nidhi Companies by the Central Government.
Government Companies as defined in section 617 of the Companies
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Act, 1956, which not less than 51% of the paid up capital is held bythe Central Government, or by any State Government or Governments
or partly by the Central Government and partly by one or more State
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Governments and includes a company which is subsidiary of a
Government Company.
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Venture Capital Fund Companies holding a certificate ofregistration obtained under Section 12 of the Securities and Exchange
Board of India Act, 1992 and not holding or accepting public deposits.
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Insurance Companies which are not holding or accepting public
deposits and doing the business of insurance, holding a valid certificate
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of registration issued under Section 3 of the Insurance Act, 1938 (IV of1938);
Stock Exchanges recognized under Section 4 of the Securities
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Contracts
(Regulation) Act, 1956 (42 of 1956) ;
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Stock-brokers or Sub-brokers holding a valid certificate of
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registration obtained under Section 12 of the Securities and ExchangeBoard of India Act, 1992.
Nidhi Companies which are notified under Section 620A of the
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Companies Act, 1956;
Chit Companies doing the business of chits, as defined in clause (b) of
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Section 2 of the Chit Funds Act, 1982.2.4 Regulations for NBFCs
With the purview of controlling NBFCs and to protect interest of
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investor, Reserve Bank of India has been taken many controlling
measures and issued many norms and guidelines such as:
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Non-Banking Financial Companies PrudentialNorms (Reserve Bank) Directions, 1998
Non-Banking Financial Companies Acceptance of
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Public Deposits (Reserve Bank) Directions, 1998
Residuary Non-Banking Companies (Reserve Bank)
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Directions, 1987Non-Banking Financial Companies Auditors
Report (Reserve Bank) Directions, 1998
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All the regulations and norms for NBFCs to protect the investors
interest and based on their Owned and Net Owned funds.
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,,Owned Fund means aggregate of the paid-up equity capital and freereserves as disclosed in the latest balance sheet of the company after
deducting there from accumulated balance of loss, deferred revenue
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expenditure and other intangible assets.
The amount of investments of such company in shares of its
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subsidiaries, companies in the same group and all other NBFCs and thebook value of debentures, bonds, outstanding loans and advances made
to and deposits with subsidiaries and companies in the same group is
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arrived at. The amount thus calculated, to the extent it exceeds 10% of
the owned fund, is reduced from the amount of owned fund to arrive at
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,,Net Owned Fund.--- Content provided by FirstRanker.com ---
Net owned fund means :-
Aggregate of the paid up equity capital and free
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xxxx
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reserves as disclosed in the latest balance sheet ofthe company
Less: -Accumulated balance of loss
xxxx
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-Deferred revenue expenditure
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xxxx-Other intangible assets
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xxxx
xxxx
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Owned Fundsxxxx
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Less: -Investments in subsidiaries/group
xxxx
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cos./NBFCs
-Book value of debentures, bonds,
outstanding loans and advances
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(including hire purchase andxxxx
xxxx
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lease finance) made to, and
deposits with Subsidiaries/Group Cos.
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xxxx
Net Owned Funds
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2.5 Regulations for Residuary Non-Banking Financial CompaniesResiduary Non-Banking Companies (RNBCs) are another type of NBFCs,
which receives any deposit under any scheme or arrangement in one lump
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sum or in installments by way of contributions or subscriptions or by sale
of units or certificates or other instruments, or in any other manner and is
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not an equipment leasing company, a hire purchase finance company, ahousing finance company, an insurance company, an investment
company, a loan company, a mutual benefit financial company , a
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miscellaneous non-banking company and a mutual benefit company.
RNBCs should not receive any deposit repayable on demand or on notice
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or for a period of less than 12 months or more than 84 months from thedate of receipt of such deposit or renew any deposit. No residuary non-
banking company shall open its branch / office or appoint agents to collect
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deposits if its NOF is up to Rs. 50 crore, within the State where its
registered office is situated and if NOF is more than Rs. 50 crore ,
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Anywhere in India.If Residuary Non-Banking Company intended to close its branch / office,
they have to publish such intention in any one national level newspaper
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and in one vernacular newspaper in circulation in the relevant place before
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ninety days of the proposed closure.
2.5.1 Minimum Rate of Return
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The amount payable by the RNBCs towards interest, premium, bonusor other payouts in respect of deposits received from that date, shall not
be less than at the rate of 5% per annum on the amount deposited in
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lump sum or at monthly or longer intervals and at the rate of 3.5% per
annum on the amount deposited under daily deposit schemes, provided
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that pre maturity repayments shall be reduced by one percent.Residuary Non-Banking Company shall not make premature
repayment of deposit within a period of 12 months (lock ? in period)
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from the date of its acceptance except in case of death of a depositor.
Under Non-Resident (External) Account Scheme the rate interest shall
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not exceeding the rate specified by the Reserve Bank of India for suchdeposits with scheduled commercial banks. The period of deposits
shall be not less than one year and not more than three years
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2.6 Prudential Norms for Non-Banking Financial Companies
The Prudential Norms for Non-Banking Financial Companies issued
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by the Reserve Bank of India in the interest of public and to regulatethe NBFCs , applicable to all NBFCs, except a mutual benefit financial
company and a mutual benefit company as defined in the Non-Banking
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Financial Companies Acceptance of Public Deposits (Reserve Bank)
Directions, 1998 which is having net owned fund of Rs.25 Lakhs and
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above and accepting/holding public deposit; a residuary non-bankingcompany and some of the provisions of Prudential Norms shall not
apply to Government Company and a loan company, an investment
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company, a hire purchase finance company & an equipment leasing
company, which is having NOF of Rs.25 lakhs and above but not
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accepting/holding public deposit.--- Content provided by FirstRanker.com ---
2.6.1 Income recognition
The income recognition will be based on recognized accounting
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principles existing in India. Income including interest/discount or any
other charges on Non Performing Assets shall be recognized only
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when it is actually realised.In respect of hire purchase assets, where installments are overdue for
more than 12 months, income shall be recognized only when hire
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charges are actually received. In respect of lease assets, where lease
rentals are overdue for more than 12 months, the income shall be
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recognised only when lease rentals are actually received.2.6.2 Income from investments
Income from dividend on shares of corporate bodies and units of
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mutual funds shall be taken into account on cash basis. However, if the
dividend is declared by the corporate body in its annual general
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meeting , if may be taken into account, where the right to receivepayment is established.
Income from bonds and debentures of corporate bodies and from
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Government securities/bonds may be taken into account on accrual
basis where interest rate is pre-determined.
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Income on securities of corporate bodies or public sector undertakings,the payment of interest and repayment of principal of which have been
guaranteed by Central Government or a State Government may be
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taken into account on accrual basis.
2.6.3 Accounting of investments
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NBFCs shall frame investment policy for the company and implementthe same such as classification of the investments into current and long
term investments. Current Investments are grouped into Equity shares,
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Preference shares, Debentures and bonds, Government securities
including treasury bills, Units of mutual fund, and others. Current
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investments for each category shall be valued at cost or market value--- Content provided by FirstRanker.com ---
whichever is lower. A Long term investment shall be valued inaccordance with the Accounting Standard issued by ICAI.
2.6.4 Requirement as to capital adequacy
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Capital Adequacy Ratio of NBFCs is based on Tier-I and Tier-II
Capitals. Tier-I Capital means owned fund as reduced by investment in
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shares of other NBFCs and in shares, debentures, bonds, outstandingloans and advances including hire purchase and lease finance made to
and deposits with subsidiaries and companies in the same group
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exceeding, in aggregate, ten per cent of the owned fund.
Tier-II Capital includes preference shares other than those which are
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compulsorily convertible into equity, revaluation reserves atdiscounted rate of fifty five percent, general provisions and loss
reserves to the extent these are not attributable to actual diminution
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in value or identifiable potential loss in any specific asset and are
available to meet unexpected losses, to the extent of one and one
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fourth percent of risk weighted assets, hybrid debt capitalinstruments, and subordinated debt.
NBFC shall maintain a minimum capital ratio, consisting of Tier I and
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Tier II capital, not less than 12% of its aggregate risk weighted assets
and of risk adjusted value of off-balance sheet items.
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Degrees of credit risk exposure attached to off-balance sheet itemshave been expressed as percentage of credit conversion factor. The
relevant conversion factor has to be used to arrive risk adjusted
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value of off-balance sheet item.
The risk adjusted value of the off-balance sheet items will be
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calculated as detailed below:The total of Tier II capital, at any point of time, shall not
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exceed one hundred per cent of Tier I capital.
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Credit
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conversionNature of item
factor-
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percentage
i) Financial & other guarantees
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100ii) Share/debenture underwriting obligations 50
iii) Partly-paid shares/debentures
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100iv) Bills discounted/rediscounted 100
v) Lease contracts entered into but yet to be executed
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100vi) Other contingent liabilities (To be specified)
50
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2.6.5 Asset Classification
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NBFCs shall classify its lease/hire purchase assets, loans and advancesand any other forms of credit into Standard assets, Sub-standard
assets, Doubtful assets, and Loss assets.
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2.6.5.1 Standard Assets
Standard asset means the asset in respect of which, there is no
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default in payments of principal or interest and which does notdisclose any problem and carry normal risk attached to the business.
For example, if a person bought a Motor cycle on Hire Purchase and
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pay his installments regularly is a Standard Asset to the H.P.
Companies.
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2.6.5.2 Sub-standard AssetsThose assets , which are overdue more than 12 months but less than 24
months and dont have adequate securities for the repayment are termed
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as sub-standard as sets.
2.6.5.3 Doubtful Assets
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Those assets , which are overdue more than 24 months but less than 48months and dont have adequate security for the repayment are termed
as doubtful assets. The possibility of loss is extremely high.
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2.6.5.4 Loss Assets
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Assets classified as Loss, which are over due for more than 48 monthsand are considered unrecoverable. This classification does not mean
the asset has absolutely no recovery or salvage value. But its better to
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write-off instead of keeping asset in the records, though there may be
partial recovery in future
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The class of assets mentioned above may be upgraded if it satisfies theconditions and possibility of recovery, but shall not be upgraded
merely as a result of rescheduling.
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2.6.6 Provisioning requirements
NBFCs shall make provision against sub-standard assets, doubtful
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assets and loss assets after taking into account of the delay inrealization of the loans and advances and value of security charged as
follows:
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2.6.6.1 Provision on Loans, advances and other credit facilities
including bills purchased and discounted
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Assets ClassificationProvision Requirement
Loss Assets
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The entire asset shall be written off.
If the assets are permitted to remain in the books for any
reason, the provision should be made @ 100% on
outstanding.
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Doubtful Assets
100% provision to be made for unrealizable value of the
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security and the realizable value should be estimated onrealistic basis.
Provision should be made on estimated realizable value of
the out standings, if the assets remained doubtful up to one
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year @ 20%, one to three years @ 30% and more than threeyears @50%.
Sub-standard Assets
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10% of total out standings shall be made generally.
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2.6.6.2 Provision on Lease and hire purchase assets
In respect of hire purchase assets, the total dues including future
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installments after deduction of un-matured finance charges, security
deposits, if any and depreciated value of underlying asset shall be
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provided for.In respect of hire purchase and leased assets, additional provision shall
be made as:
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-where any amounts of hire charges or lease
rentals are overdue up to 12 months
Nil
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-where any amounts of hire charges or lease
10% of the net book value
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rentals are overdue for more than 12 months
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but up to 24 months--- Content provided by FirstRanker.com ---
-where any amounts of hire charges or lease40% of the net book value
rentals are overdue for more than 24 months
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but up to 36 months
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-where any amounts of hire charges or lease
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70% of the net book valuerentals are overdue for more than 36 months
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but up to 48 months
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-where any amounts of hire charges or lease
rentals are overdue for more than 48 months
100% of the net book value
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-on expiry of a period of 12 months after the
due date of the last installment of hire
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The entire net book valuepurchase/leased asset
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2.6.7 Regulation through Auditors ReportReserve Bank of India has issued a Direction as "Non-Banking
Financial Companies Auditors Report (Reserve Bank) Directions,
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1998" and its applied to all Auditors of Non-Banking Financial
Companies.
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2.6.7.1 Matters to be included in the auditor's reportThe auditors report on the accounts of a non-banking financial
company must
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include a statement on companys registration status under RBI Act,
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1934.
In case of those NBFCs accepting/holding public deposits, in addition
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to above, auditors have to give the information that:--
whether the public deposits accepted by the company
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together with other borrowing like unsecured non-convertible debentures/bonds;
-
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whether credit rating for Fixed Deposits has beenassigned by the Credit Rating Agency and is in force
and aggregate deposits are within the limit specified
by the rating agency;
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-whether the company has defaulted in paying to its
depositors the interest and /or principal amount of the
deposits after such interest and/or principal became
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due;-
whether the company has complied with the
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prudential norms on income recognition, accountingstandards, asset classification, provisioning for bad
and
doubtful
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debts,
and
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concentrationof
credit/investments as specified in the directions issued
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by the Reserve Bank of India in terms of the Non-Banking
Financial
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CompaniesPrudential
Norms(Reserve Bank) Directions, 1998;
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-
whether the capital adequacy ratio as disclosed in the
return submitted to the Reserve Bank of India in
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terms of the Non-Banking Financial CompaniesPrudential Norms (Reserve Bank) Directions, 1998
has been correctly determined and whether such ratio
is in compliance with the minimum Capital to Risk
Asset Ratio prescribed by Reserve Bank of India;
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-
Whether the company has complied with the
prescribed liquidity requirement and kept the
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approved securities with a designated bank.-
whether the company has furnished to the Reserve
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Bank of India within the stipulated period the half-yearly return on prudential norms as specified in the
Non-Banking Financial Companies Prudential Norms
(Reserve Bank) Directions, 1998; and
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-whether the company has furnished to the Reserve
Bank of India within the stipulated period the return
on deposits as specified in the First Schedule to the
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Non-Banking Financial Companies (Reserve Bank)Directions, 1998.
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In the case of a non-banking financial company not accepting public
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deposits, auditors shall include the statement on:--
whether the Board of Directors has passed a
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resolution for the non- acceptance of any publicdeposits.
-
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whether the company has accepted any publicdeposits during the relevant period/year; and
-
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whether the company has complied with theprudential norms relating to income recognition,
accounting standards, asset classification and
provisioning for bad and doubtful debts as applicable
to it.
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In the case of a non-banking financial company which is an investment
company not accepting public deposits and which has invested not less
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than 90 percent of its assets in the securities of itsgroup/holding/subsidiary companies as long term investments, the
auditors should include a statement on:-
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-
whether the Board of Directors has passed a
resolution for the non- acceptance of public deposits;
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-
whether the company has accepted any public
deposits during the relevant period/year;
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-
whether the company has through a Board resolution
identified the group/holding/subsidiary companies;
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-
whether the cost of investments made in group or
holding or subsidiary companies is not less than 90
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percent of the cost of the total assets of the companyat any point of time throughout the accounting
period/year;
-
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whether the company has continued to hold securities
of group or holding or subsidiary companies as long
term investments and has not traded in those
investments during the accounting year/period.
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If any of the statement regarding above items are unfavourable or
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qualified, the auditors report shall also state the reasons for suchunfavourable or qualified statement, as the case may be. Where the
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auditor is unable to express any opinion on any of the items referred
above his report shall indicate such fact together with reasons there for.
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2.6.8 Summary
The Reserve Bank of India is entrusted with the responsibility of
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regulating and supervising the Non-Banking Financial Companies. Theregulatory and supervisory objective, is to ensure healthy growth of the
financial companies; ensure that these companies function as a part of
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the financial system within the policy framework, and that the quality
of surveillance. Department of Non-Banking Supervision (DNBS) has
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been created by RBI and Regulatory and Supervisory Framework hasbeen established. The RBI has evolved a supervisory framework for
NBFCs comprising on-site inspection (CAMELS pattern), off-site
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monitoring through returns, market intelligence, and auditors'
exception reports. Some of NBFCs are exempted from registration of
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RBI like Housing Finance Companies, Merchant Banking Companies,Venture Finance Companies etc. With the purview of controlling
NBFCs and to protect interest of investor, Reserve Bank of India has
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been taken many controlling measures and issued many norms and
guidelines such as Non-Banking Financial Companies Acceptance of
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Public Deposits (Reserve Bank) Directions, 1998, Residuary Non-Banking Companies (Reserve Bank) Directions, 1987, Non-Banking
Financial Companies Auditors Report (Reserve Bank) Directions,
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1998 etc. The Bank has issued detailed directions on prudential norms,
vide Non-Banking Financial Companies Prudential Norms (Reserve
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Bank) Directions, 1998. The directions interalia, prescribe guidelineson income recognition, asset classification and provisioning
requirements applicable to NBFCs, exposure norms, constitution of
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audit committee, disclosures in the balance sheet, requirement of
capital adequacy, restrictions on investments in land and building and
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unquoted shares. Auditors are also directed to mention relevant--- Content provided by FirstRanker.com ---
information/qualifications in their report, which will be submitted toRBI.
Lesson-3
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Objectives
After this lesson students will have overall picture of NBFCs and able
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to handle NBFCs activities independently, able to manage & advise onpractical issues .
The chapters in this lesson will focus on important issues of NBFCs
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and will have the following structure:
3.1
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Introduction3.2
Public Deposits
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3.2.1 Regulations for NBFCs Accepting Public Deposits--- Content provided by FirstRanker.com ---
3.2.2 Period of Deposits
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3.2.3 Minimum Credit Rating
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3.2.4 Ceiling on quantum of deposit
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3.2.4.1 Equipment Leasing/Hire Purchase Company
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3.2.4.2 Loan Company / Investment Company--- Content provided by FirstRanker.com ---
3.2.5 Downgrading of Credit Rating
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3.2.6 Ceiling on the rate of interest
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3.2.7 Payment of brokerage
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3.2.8 Lock-in Period and Repayment
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3.2.9 Branches and appointment of agents--- Content provided by FirstRanker.com ---
3.2.10 Exempted NBFCs from Public
Deposit Regulations
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3.2.11 FCNR Deposits for NBFCs
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3.3
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Regulations for MNBCs Accepting
Public Deposits
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3.3.1 Ceiling on the rate of interest and brokerage
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3.3.2 Minimum Lock-in Period
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3.4Regulations for RNBCs Accepting
Public Deposits
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3.5
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Role of Company Law Board
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3.6
Fund Raising / Capital Issues
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3.6.1 Public Deposits
3.6.2 Borrowings
3.6.2.1 Borrowing limits of finance companies
3.6.3 Capital Issues
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3.7Investment Norms for NBFCs
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3.7.1 Investment Norms and Security for Depositors
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3.7.2 Restrictions on investments in land andbuilding and unquoted shares
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3.7.3 Concentration of Credit / Investment
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3.8
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Maintenance of Liquid Assets by NBFCs--- Content provided by FirstRanker.com ---
3.9
Maintenance of Liquid Assets by RNBCs
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3.10 Deployment of Funds
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3.1 Introduction
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All NBFCs are not entitled to accept public deposits and only thoseNBFCs holding a valid Certificate of Registration with authorisation to
accept Public Deposits can accept/hold public deposits. The NBFCs
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accepting public deposits should have minimum stipulated Net Owned
Fund and comply with the Directions issued by the Reserve Bank of
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India. According RBI, Public Deposits held by all NBFCs declinedsignificantly during the year ended March 2004 (14.2 per cent) as well
as March 2005 (15.6 per cent). Significantly, public deposits by all
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NBFC groups declined in both the years, except loan companies, which
increased marginally during 2003-04 and ,,other companies, which
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increased during 2003-04 and 2004-05. Hire purchase companies heldthe largest share of public deposits (63.5 per cent), followed remotely
by equipment leasing companies, loan companies and investment
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companies.
3.2 Deposit and Public Deposit
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Deposit is defined under Section 45 I(bb) of the RBI Act, 1934 thatincluded any receipt of money by way of deposit or loan or in any
other form but does not include any amount raised by way of share
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capital, any amount received from banks or any other financial
institution specified by RBI, any amount received in course of business
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by way of security deposits, any amount received by way ofsubscriptions in respect of a ,,Chit.
Public Deposit is defined under Non-Banking Financial Companies
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Acceptance of Public Deposits ( Reserve Bank) Directions, 1998 as a
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Deposit, unsecured deposits received from the public, defined under
RBI Act, 1934 and further excludes any amount received from the
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Central/State Government/local authority/foreign government, anyamount received from other company as inter-corporate deposit, any
amount received from directors or relative of the director of a NBFC,
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any amount raised by issue of bonds or debentures secured by
mortgage of any immovable property or other asset of the company,
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any amount received from a mutual fund and any amount received byissuance of Commercial Paper.
3.2.1 Regulations for NBFC's Accepting Public Deposits,
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RBI closely supervises those NBFCs, which accept public deposits,
through a comprehensive mechanism comprising on-site examination,
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off-site surveillance, a sensitive market intelligence system andinitiation of necessary supervisory action whenever necessary. The
statutory auditors of NBFCs have been directed to report exceptions to
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compliance with RBI regulations to the Reserve Bank directly for
punitive action. RBI has undertaken publicity campaign through print
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media all over the country to create awareness among the public aboutdos and donts in regard to making deposits with NBFCs. RBI has
also been coordinating its efforts with State Government authorities
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and other enforcement bodies for checking unscrupulous activities of
NBFCs and unincorporated bodies accessing public deposits illegally.
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At the same time, the well-run and managerially sound NBFCs arebeing encouraged to continue their genuine business operations. Bank
credit to the NBFCs for their advances against commercial vehicles has
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recently been brought under the ambit of priority sector advances. The
earlier ceilings on bank credit to NBFCs as a multiple of their NOF
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have been abolished for NBFCs registered with RBI.--- Content provided by FirstRanker.com ---
3.2.2 Period of Deposit
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Non-banking financial companies shall not accept or renew any public
deposit, which is repayable on demand. The period of deposit shall be
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minimum of 12 months and maximum of 60 months.3.2.3 Minimum Credit Rating
Non-banking financial companies having Net Owned Fund (NOF) of rupees
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twenty five lakhs and above are allowed to accept public deposit subject to
the minimum investment grade or other specified credit rating for fixed
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deposits from any one of the approved credit rating agencies at least once ayear and a copy of the rating to be sent to the Reserve Bank of India along
with return on prudential norms. And this clause shall not apply to an
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Equipment Leasing or Hire Purchase Finance Company.
The following are the approved credit rating agencies and the minimum
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credit rating required for the fixed deposits:Name of the agency
Minimum investment
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Grade RatingThe Credit Rating Information Services o
FA f
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- (FA Minus)
India Ltd.(CRISIL)
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ICRA Ltd.
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MA- (MA Minus)Credit Analysis & Research Ltd. (CARE) CARE BBB (FD)
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Fitch Ratings India Pvt. Ltd.tA- (ind)(FD)
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In the event of upgrading or downgrading of credit rating of any NBFC to
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any level from the level previously held by the non-banking financialcompany, they shall inform the new rating to Reserve Bank of India.
3.2.4 Ceiling on quantum of deposit
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3.2.4.1 Equipment Leasing/Hire Purchase Company
An equipment leasing company or a hire purchase finance company
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having NOF of Rs.25 lakhs or more and complying with all the--- Content provided by FirstRanker.com ---
prudential norms with capital adequacy ratio of not less than 15% asper last audited balance-sheet may, accept or renew public deposit not
exceeding 1.5 times of its NOF or public deposit up to ten crore of
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rupees, whichever is lower.
An equipment leasing company or a hire purchase finance company
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having NOF of Rs.25 lakhs or more and complying with all theprudential norms and having minimum investment grade rating may,
accept or renew public deposit not exceeding 4 times of its NOF.
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3.2.4.2 Loan Company/Investment Company
A loan company or an investment company having NOF of Rs.25 lakhs
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or more and having minimum investment grade credit rating andcomplying with all the prudential norms with capital adequacy ratio of
not less than 15% as per last audited balance-sheet may, accept or
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renew public deposit not exceeding 1.5 times of its NOF.
A loan company or an investment company which complies with all
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the prudential norms and having NOF of Rs.25 lakhs or more andhaving AA (double A) or A (single A) grade credit rating but not
having capital adequacy ratio of 15% was allowed to accept or renew
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the public deposit not exceeding an amount equivalent to its NOF or
half of its NOF, respectively, until it attains the capital adequacy ratio
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of 15% but not later than March 31, 2000 with other stipulationsremaining the same.
3.2.5 Downgrading of Credit Rating
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In the event of downgrading of credit rating below the minimum
specified investment grade as provided above, the NBFCs shall
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regularise the excess deposit with immediate effect by stop acceptingpublic deposit, reporting to RBI within fifteen working days and by
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reducing the amount of excess public deposit to nil by
repayment as and when such deposit falls due or otherwise within
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three years from the date of such downgrading of credit rating.--- Content provided by FirstRanker.com ---
3.2.6 Ceiling on the rate of interestWith effect from March 4, 2003 NBFCs may invite or accept or renew
public deposit at a rate of interest, maximum of 11% per annum.
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Interest may be paid or compounded at rests which shall not be shorter
than monthly rests.
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With effect from September 18, 2003, NBFCs may invite or accept orrenew repatriable deposits from Non-Resident Indians under Non-
Resident (External) Account Scheme at a rate maximum of the rate
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specified by the Reserve Bank of India for such deposits with
scheduled commercial banks.
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3.2.7 Payment of brokerageNon-Banking Financial Companies shall not pay to any broker in
excess of 2% of the public deposit collected by them as brokerage,
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commission, incentive or any other benefit by whatever name called
and the expenses by way of reimbursement on the basis of relative
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vouchers/bills produced by him shall not be in excess of 0.5 % of thedeposit so collected.
3.2.8 Minimum lock- in period and Repayment in the event of
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death of the depositor
NBFCs shall not grant any loan against a public deposit or make
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premature repayment of a public deposit within a period of 3 months(lock-in period) from the date of its acceptance.
In the event of death of a depositor, NBFCs may repay the public
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deposit prematurely, even within the lock ? in period, to the surviving
depositor/s in the case of joint holding with survivor clause or to the
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nominee or the legal heir/s of the deceased depositor, on the request ofthe surviving depositor/s/nominee/legal heir, and only against
submission of proof of death, to the satisfaction of the company.
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3.2.9 Branches and appointment of agents to collect deposits
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NBFCs may open its branch or appoint agents within the State where
its registered office is situated, if its NOF is up to Rs. 50 crore and
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anywhere in India, if its NOF is more than Rs. 50 crore and its creditrating is AA or above. For the purpose of opening a branch, NBFCs
shall notify to the RBI.
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If NBFC intended to close its branch/office , they shall publish their
intention in any one national level newspaper and in one vernacular
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newspaper in circulation in the relevant place and to notify to the RBI,before 90 days of the proposed closure.
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3.2.10 Exempted NBFCs from Public Deposit Regulations
The directions of Accepting Public Deposits of RBI will not be
applicable to the following NBFCs:
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1 an insurance company holding a valid certificate of
registration issued under section 3 of the Insurance Act,
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1938,2 a stock exchange notified under section 4 of the
Securities Contracts (Regulation) Act, 1956,
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3 a stock broking company defined in section 12 of the
Securities and Exchange Board of India Act, 1992 (15 of
1992),
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4 a loan company, an investment company, a hire purchase
finance company or an equipment leasing company not
accepting / holding any public deposit,
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5 a Government company as defined under section 617 of
the Companies Act, 1956.
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3.2.11 FCNR Deposits for NBFC's,From April 24, 2004, NBFCs cannot accept deposits from NRI except
deposits by debit to NRO account of NRI provided such amount do not
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represent inward remittance or transfer from NRE/FCNR (B) account.
3.3 Regulations for MNBC's Accepting Public Deposits
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Miscellaneous Non- Banking Companies (MNBCs) not allowed toreceive/renew any deposit repayable on demand or on notice, or for
a period of less than six months and more than thirty six months
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from the date of receipt of such deposit; any deposit against an
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unsecured debenture or any deposit from a shareholder exceeding
15% of its net owned funds; any other deposit exceeding 25% per
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cent of its net owned funds.3.3.1 Ceiling on the rate of interest and brokerage
Miscellaneous Non- Banking Company shall pay interest not more
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than 11% on deposits and the interest may be paid or compounded
at half-yearly/quarterly/monthly rests.
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In case of Non-Resident (External) Account Scheme, the same ratespecified by the Reserve Bank of India for such deposits with
scheduled commercial banks.
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Brokerage shall not be paid in excess of the following rates for
deposits collected by or though them:
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1% for deposits notexceeding one year, 1.25% for deposits between more than one year
but less than two years and 1.5% for deposits exceeding two years.
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3.3.2 Minimum lock- in period
Miscellaneous Non-Banking Companies shall not grant any loan
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against deposits or make premature repayment of deposit within aperiod of three months (lock-in period) from the date of its
acceptance. Provided that in the event of death of a depositor, may
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repay the deposit prematurely, even within the lock ? in period.
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3.4 Regulations for RNBC's Accepting Public DepositsThere is no ceiling on raising of deposits by RNBCs but every RNBC
has to ensure that the amounts deposited and investments made by the
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company are not less that the aggregate amount of liabilities to the
depositors.
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To secure the interest of depositor, such companies are required toinvest in a portfolio comprising of highly liquid and secured
instruments viz. Central/State Government securities, fixed deposit of
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scheduled commercial banks (SCB), Certificate of deposits of
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SCB/FIs, units of Mutual Funds, etc.
3.5 The role of Company Law Board in protecting the interest of
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depositors.If a NBFC defaults in repayment of deposit, the depositor can approach
Company Law Board or Consumer Forum or file a civil suit to recover
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the deposits. The Company Law Board (CLB), on receipt of any
complaint may order the non-banking financial company to make
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repayment of such deposit and subject to such conditions. Thedepositors can approach CLB by mailing an application in prescribed
form to the appropriate bench of the Company Law Board according to
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its territorial jurisdiction with the prescribed fee.
Full time special officers have been appointed to ensure compliance
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with RBI directions to protect the interest of deposits. the bank hasinitiated adverse action against errant NBFCs for various defaults and
contravention of the provisions of the RBI Act and directions issued
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there under.
3.6 Fund Raising/Capital Issues
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NBFCs need vast funds and they raise funds primarily throughdeposit mobilisation, borrowings from banks and others and capital
issues. Let us discuss one by one.
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3.6.1 Public Deposits
NBFCs holding a valid Certificate of Registration with authorisation to
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accept Public Deposits can accept/hold public deposits. The NBFCsaccepting public deposits should have minimum stipulated Net Owned
Fund and comply with the Directions issued by the Reserve Bank of
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India. Regulations and other terms are explained separately in this unit.
3.6.2 Borrowings
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NBFCs borrow from banks and financial institutions and also theyraise loan frund by issue of debentures. Loan funds constitute a big
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chunk of all sources of funds. Loan from scheduled commercial
banks, co-op banks and financial institutions, security deposits,
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dealership deposit, earnest money, inter corporate deposit, advance
against order for goods, funds raised through issue of bonds and
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debentures come under this category.3.6.2.1 Borrowing limits of finance companies
The borrowing finance by all-India financial institutions are subject to
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regulation by the RBI. Initially, RBI had prescribed instrument-wise
limits for the select FIs up to which the FIs could mobilise resources
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through the specified instruments. The instrument-wise ceilings werereplaced in May 1997 by "umbrella limit" which was linked to the ,,net
owned funds of the FI concerned and constituted the overall ceiling
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for borrowing by the FI through the specified instruments. The system
of umbrella limit continues to be in force even now though a few
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additional instruments have been included under the limit, over theyears.
The resource raising capabilities of Financial Institutions has been
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strengthened by recent changes include progressive deregulation,
introduction of hedging instruments such as interest rate swaps and
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forward rate agreements (IRS/ FRA), introduction of Asset LiabilityManagement (ALM) system, etc.
The ,,umbrella limit at present consists of five instruments viz., term
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deposits, term money borrowings, certificates of deposits (CDs),
commercial papers (CPs) and inter-corporate deposits (ICDs). The
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aggregate borrowings through these instruments should not exceed thenet owned funds of the FIs concerned at any time, as per its latest
audited balance sheet.
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Term Deposits can be issued for 1 to 5 years with minimum deposit of
Rs.10000/-. Rating from Rating Agencies approved by SEBI is
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compulsory and they should provide any advance against deposits.--- Content provided by FirstRanker.com ---
Term Money Borrowings may be accepted for not less than 3 monthsand not exceeding 6 months and eligible to borrow from Scheduled
Commercial Banks and Co-operative Banks.
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Certificates of Deposits denomination should be minimum of Rs. 1
lakh and will be in multiples of Rs 1 lakh. It can be resourced from
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individual, corporations, companies, trusts, funds, associations etc.including NRIs for a period of not less than 1 year and not more than 3
years. From June 2002, CDs should be issued in the dematerialized
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form only.
Commercial Papers can be issued in denomination of Rs. 5 lakh or
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multiples thereof for a period of minimum of 15 days and maximum upto one year from the date of issue. The total amount of CPs proposed to
be issued should be raised within a period of two weeks from the date
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on which the issuer opens the issue for subscription. The minimum
credit rating shall be P-2 of CRISIL or equivalent rating by other
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agencies.Inter Corporate Deposits can be resourced by the Financial Institutions
as registered under the Companies Act 1956 .
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3.6.3 Capital issues
NBFCs are greatly depending on capital market to raise funds. In 1994-
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95 lots of capital issues were from NBFCs with a varied size of issues
from Rs. 75 Lakhs to Rs.600 Crores. Companies which do not want to
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come out with frequent public issues find private placement ofdebentures and equity as a viable avenue in raising finance/ Privately
placed debentures especially for shot durations like eighteen months
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are gaining popularity as no credit rating is required.
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3.7 Investment Norms for NBFCs
To secure the public monies deposited into the NBFCs, RBI has issued
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directions to follow by the Non-Banking Financial companies as
below:
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3.7.1 Investment Norms and Security for DepositsNon-Banking Companies are required to invest and continue to invest
an amount including the amount invested in assets under Section 45-IB
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of the Reserve Bank of India Act, 1934 in securities or in other types
of investments which are unencumbered and valued at a price not
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exceeding the current market price:-not less than 10% of the aggregate amount of liabilities to
depositors in fixed deposits/ certificates of deposit of
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scheduled commercial banks; or in certificates of deposit(Credit Rating not less than AA+) of specified financial
institutions or partly in any of these Fixed
Deposits/Certificates of Deposit so rated;
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not less than 70% of the aggregate amount of liabilities todepositors in securities of any State Government or
Central Government or in bonds or debentures (rated not
less than AA+) of any other company incorporated under
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the Companies Act, 1956;from April 1, 2005 not more than 10% of the aggregate
amount of liabilities to the depositors or one time the net
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owned fund of the company, whichever is less, may beinvested in any manner which in the opinion of the
company is safe as per the approval of the board of
directors of the company;
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To keep the unencumbered approved securities, NBFCs are requiredopen a Constituent's Subsidiary General Ledger (CSGL) account with a
scheduled commercial bank, or the Stock Holding Corporation of India
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Ltd. (SHCIL) or a dematerialized account with a depository through a
depository participant registered with Securities and Exchange Board
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of India. Government Securities held in the said CSGL account ordematerialized account will not be allowed to trade either by entering
into ready forward contracts, including reverse ready forward
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contracts, or otherwise except for repayment to the depositors with the
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prior approval of RBI
Non-Banking Companies shall furnish a certificate from its statutory
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auditors to the Reserve Bank within 15 days from the close of businessafter the end of each quarter, to the effect that the amounts deposited and
investments made by the company are not less than the aggregate amount
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of liabilities to the depositors outstanding at the close of business on the
last working day of the second preceding quarter.
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3.7.2 Restrictions on investments in land and building andUnquoted shares
As per Non-Banking Financial Companies Prudential Norms
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(Reserve Bank) Directions, 1998, if any Equipment leasing company
or hire purchase finance company or Loan company or investment
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company is accepting public deposit, they shall not invest in land orbuilding, except for its own use, more than 10% of its owned fund
and shall not invest in unquoted shares of another company, which
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is not a subsidiary company/Group company, more than 10% of its
owned fund. If any one having more than these limits shall dispose
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off to maintain the level.3.7.3 Concentration of credit/investment
NBFC should not lend to any single borrower more than 15% of its
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owned fund and to any single group of borrowers more than 25% of
its owned fund. They shall not invest in the shares of another
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company more than 15% of its owned fund and the shares of asingle group of companies more than 25% of its owned fund. NBFCs
shall not lend and invest together more than 25% of its owned fund
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to a single party and more than 40% of its owned fund to a single
group of parties.
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The above ceilings on credit/investment concentration shall not be
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applicable to a RNBC in respect of investments in approved securities,bonds, debentures and other securities issued by a Government
company or a public financial institution or a scheduled commercial
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bank; and an investment in any Insurance company by NBFCs.
3.8 Maintenance of Liquid Assets by NBFCs
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Non-banking financial companies other than residuary non-bankingcompanies required to maintain the investment not less than 5 per
cent of deposits outstanding at the close of business on the last working
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day of the second preceding quarter and subject to the conditions that
they shall invest and continue to invest in India in unencumbered
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approved securities valued at the price not exceeding the currentmarket price. Such investments at the close of business on any day
shall not be less than 10% in approved securities and the remaining in
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unencumbered term deposits in any scheduled commercial bank. The
aggregate of such investments shall not be less than 15 percent of the
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public deposit, outstanding at the close of business on the last workingday of second preceding quarter.
3.9 Maintenance of Liquid Assets by RNBCs
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RBI specified that the percentage of assets to be maintained by the
Residuary Non-Banking Companies (RNBCs) shall be 10% of the
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deposits outstanding at the close of business on the last working day ofthe second preceding quarter, i.e. for the third quarter starting from 1st
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October shall me maintained at 10% of the deposits
outstanding as at 30th June.
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3.10 Deployment of FundsNBFCs mobilise funds from depositors just as commercial banks do.
NBFCs disperse these funds through:
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Hire Purchase: NBFCs are financing for acquisition of commercial
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and private vehicles (generally trucks and cars), as well as plant and
machinery. The loans are secured by the purchased asset.
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Equipment Leasing: In this financing mode, NBFCs leases ofindustrial equipment generally high price plant and machinery.
Investment Schemes: The funds mobilised are used to purchase
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corporate and government securities and other money market
instruments.
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Loan Schemes: Loans will be disbursed for industrial projects and realestate acquisitions, personal expenses, travel expenses etc.
Nidhis and Chit Funds: In this mode the mobilised funds are loaned
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or distributed among the depositors themselves in a variety of ways.
3.9 Summary
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Only those NBFCs holding a valid Certificate of Registration withauthorisation to accept Public Deposits can accept/hold public deposits.
The NBFCs accepting public deposits should have minimum stipulated
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Net Owned Fund and comply with the Directions issued by the
Reserve Bank of India. RBI closely supervises those NBFCs, which
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accept public deposits, through a comprehensive mechanismcomprising on-site examination, off-site surveillance, a sensitive
market intelligence system and initiation of necessary supervisory
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action whenever necessary. Some of the companies are exempted from
the directions of accepting public deposits such as an insurance
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company, a stock broking company, a loan company, an investmentcompany, a hire purchase finance company or an equipment leasing
company not accepting / holding any public deposit, and a
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Government company. NBFCs need vast funds and they raise funds
primarily through deposit mobilisation, borrowings from banks and
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others and capital issues. Non-Banking Financial Companies arerequired to invest and continue to invest an amount including the
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amount invested in securities or in other types of investments which
are unencumbered and valued at a price not exceeding the current
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market price. NBFCs are deploying their funds by way of Hire
purchase financing, Leasing finance, Investment schemes, Loan
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schemes and Chit Fund / Nidhis.---------------
Review Questions:
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1) Define 'NBFC'. Discuss various services provided by NBFC.
2) Analyse the structure and growth of NBFCs.
3) Enumerate the features of the RBI Regulations governing NBFCs.
4) Discuss the requirements of registration with RBI and exemptions.
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5) Briefly discuss the features of Prudential Norms for NBFCs.6) What are the features of regulations for Accepting Public Deposits
by NBFCs?
7) Explain the Asset Classifications and provision norms.
8) Discuss the matters to be included in the Auditors Report of NBFCs.
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9) Credit Rating Agencies and NBFCs: Explain the relationship andwhy?
10) What are methods of fund raising adopted by NBFCs in India?
11) Discuss briefly the Investment Norms of Non-Banking Financial
Companies.
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12) What are the recent trend and changes in NBFCs?13) What are the problems faced by the NBFCs today?
14) What are the suggestions you can make to the government for
promotion of NBFC sector?
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---------------Appendix-1
Forms used by NBFCs
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* Form - NBS 1: Annual Return on Deposits as on 31, March 20. .
(To be submitted by all Non-Banking
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Financial Companies accepting / holdingpublic deposits, and MNBCs - except
Residuary Non-Banking Companies)
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* Form - NBS 1A: (Annual Return on Deposits as on 31, March 20. .)
* Form - NBS 2: (Half yearly Statement of capital funds, risk
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assets/exposures and risk asset ratio etc.,)--- Content provided by FirstRanker.com ---
* Form - NBS 3: (Quarterly Return on Statutory Liquid Assets for theQuarter ended March/June/September/December, 20...)
* Form - NBS 3A: (Quarterly Return on Statutory Liquid Assets for
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the quarter ended March/June/September/December, 20. .)
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* Form - NBS - 4 (Monthly Return on Repayment of Deposits)* Form - NBS - 5 (Monetary and Supervisory Return )
* First Schedule (Non-Banking Financial Companies)
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* Annexure - Reporting Format (Non-Banking Financial Companies)
* Form - Schedule 'A'
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* Form of Quarterly Return I(To be submitted by a residuary non-banking company)
* Form of Quarterly Return II
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(To be submitted by equipment leasing or hire purchase finance
or loan or investment company)
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* Form of Quarterly Return I(Reserve Bank of India (NBFC) Returns Specification, 1997. To
be submitted by a residuary non-banking company)
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* Form of Quarterly Return II
(Reserve Bank of India (NBFC) Returns Specification, 1997. To
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be submitted by Equipment leasing or hire purchase finance orloan or investment company)
* Format of Special Return
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(To be submitted by all NBFCs whether holding public deposits
or not)
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Appendix-2Important Glossary
1) "depositor" means any person who has made a deposit with a
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company; or a heir, legal representative, administrator or
assignee of the depositor.
2) "equipment leasing company" means any company which is a
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financial institution carrying on as its principal business, the
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activity of leasing of equipment.3) "free reserves" means the aggregate of the balance in the share
premium account, capital and debenture redemption reserves
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and any other reserve shown or published in the balance sheetof a company and created through an allocation of profits not
being a reserve created for repayment of any future liability
or for depreciation in assets or for bad debts or a reserve
created by revaluation of the assets of the company.
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4) "hire purchase finance company" means any company, which is
a financial institution carrying on as its principal business, the
activity of hire purchase transactions.
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5) "insurance company" means any company registered under
section 3 of the Insurance Act, 1938 (4 of 1938).
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6) "investment company" means any company which is a financialinstitution carrying on as its principal business the acquisition
of securities.
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7) "loan company" means any company which is a financialinstitution carrying on as its principal business the providing of
finance whether by making loans or advances or otherwise for
any activity other than its own but does not include an
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equipment leasing company or a hire-purchase financecompany.
8) "mutual benefit financial company" means any company which
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is a financial institution notified by the Central Governmentunder section 620A of the Companies Act, 1956 (1 of 1956).
9) "mutual benefit company" means a company not notified
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under section 620A of the Companies Act, 1956 (1 of 1956)and carrying on the business of a non-banking financial
institution.
10) "net owned fund" means net owned fund as defined under
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section 45-IA of the Reserve Bank of India Act, 1934 (2 of
1934) including the paid up preference shares which are
compulsorily convertible into equity.
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11) "non-banking financial company" means only the non-bankinginstitution which is a loan company or an investment company
or a hire purchase finance company or an equipment leasing
company or a mutual benefit financial company.
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12) "current investment" means an investment which is by its
nature readily realisable and is intended to be held for not more
than one year from the date on which such investment is made.
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13) "doubtful asset" means a term loan, or a lease asset, or a hire
purchase asset, or any other asset, which remains a sub-
standard asset for a period exceeding 24 months.
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14) "loss asset" means an asset which has been identified as loss
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asset by the NBFC or its internal or external auditor or by the
Reserve Bank of India during the inspection of the NBFC, to
the extent it is not written off by the NBFC.
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15) "long term investment" means an investment other than acurrent investment.
16) "net asset value" means the latest declared net asset value by
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the concerned mutual fund in respect of that particular scheme.
17) "non-performing asset" (referred as "NPA") means an asset, in
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respect of which, interest has remained overdue for a period ofsix months or more of a term loan, demand loan , debt,
advances, lease rental, installment of hire purchase.
18) "owned fund" means paid up equity capital, preference shares
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which are compulsorily convertible into equity, free reserves,
balance in share premium account and capital reserves
representing surplus arising out of sale proceeds of asset,
excluding reserves created by revaluation of asset, as reduced
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by accumulated loss balance, book value of intangible assetsand deferred revenue expenditure, if any.
19) "standard asset" means the asset in respect of which, no default
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in repayment of principal or payment of interest is perceivedand which does not disclose any problem nor carry more than
normal risk attached to the business.
20) "sub-standard asset" means an asset which has been classified
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as non-performing asset for a period not exceeding 24 months.
21) "subordinated debt" means a fully paid up capital instrument,
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which is unsecured and is subordinated to the claims of othercreditors and is free from restrictive clauses and is not
redeemable at the instance of the holder or without the consent
of the supervisory authority of the NBFC.
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22) "Tier-I Capital" means owned fund as reduced by investment inshares of other NBFCs and in shares, debentures, bonds,
outstanding loans and advances including hire purchase and
lease finance made to and deposits with subsidiaries and
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companies in the same group exceeding, in aggregate, ten percent of the owned fund.
23) "Tier-II capital" includes preference shares other than those
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which are compulsorily convertible into equity; revaluationreserves at discounted rate of fifty five percent; general
provisions and loss reserves to the extent these are not
attributable to actual diminution in value or identifiable
potential loss in any specific asset and are available to meet
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unexpected losses, to the extent of one and one fourth percentof risk weighted assets; hybrid debt capital instruments; and
subordinated debt ,to the extent the aggregate does not exceed
Tier-I capital.
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24) "aggregate amounts of liabilities" shall mean total amount of
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deposits received together with interest, premium, bonus orother advantage by whatever name called, accrued on the
amount of deposits according to the terms of contract.
-----------
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References and Further to Study:
1) ,,Indian Financial System, by H. R. Machiraju
2) ,,The Indian Financial System, by Vasant Desai
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3) ,,The Indian Financial System, by P.N. Varshney & Mittal4) ,,Manual of Non-banking Financial Companies, by Bharats
5) Publications of Reserve Bank of India
6) Publications of SEBI.
7) Publications of Ministry of Company Affairs, Govt. of India
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-x-x-x-x-x-
UNIT-IV
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MERCHANT BANKING.
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Introduction:
Generally merchant banking refers the entire range of financial
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services such as organizing and extending finance for investment inprojects, assistance in financial Management, acceptance of house
business, raising Eurodollar loans and issues of foreign currency
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bonds, financing local authorities, financing export of capital goods,
ships, hydropower installation, valuation of assets etc. In India the
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merchant banking services were recognised due to the increase in thevolume of financial services
Merchant bankers (Category I) however are mandated by SEBI to
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manage public issues (as lead managers). Issue management activity
has a big fall out on the integrity of the market. It affects investors
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interest and hence transparency has to be ensured.. There are alsoareas where compliance can be monitored and enforced.
BANKING COMMISSION REPORT,1972:
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The Banking Commission in its report in 1972 has indicated the
necessity of merchant banking service in view of the wide industrial
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base of the Indian Economy. The Commission was in favour of aseparate institution (different form commercial banks and term lending
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institutions) to provide merchant banking services. The commission
suggested that they should offer investment management and advisory
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services particularly to the medium and small savers. The commissionalso suggested that they should be able to manage provident funds,
pension funds and trusts of various types.
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MERCHANT BANKING IN INDIA:
In India Grind lays Bank was authorized to carry merchant banking
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services and obtained a license form Reserve Bank of India in1967.Grindlays which started with management of capital issues,
recognised the needs of an emerging class of entrepreneurs for diverse
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financial services ranging from production planning and systems
design to market research.. Apart form meeting specially the needs of
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small-scale units, it provided management consultancy, services tolarge and medium sized companies.
Following Grind lays Bank, Citibank set up its merchant banking
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division in 1970.The division took up the task of assisting new
entrepreneurs and existing units in the evaluation of new projects and
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raising funds through borrowing and equity issues. Managementconsultancy services were also offered. Merchant bankers are
permitted to carry-on activities of primary dealers in government
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securities.
Consequent to the recommendations of Banking Commission in 1972,
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that Indian banks should offer merchant banking services as part of themultiple services they could provide their clients, State Bank of India
started the Merchant Banking Division in 1972. In the initial years the
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SBIs objective was to render corporate advice and assistance to small
and medium entrepreneurs.
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The commercial banks that followed State Bank of India were CentralBanks of India, Bank of India and Syndicate Bank in 1977: Bank of
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Baroda, Standard Chartered Bank and Mercantile Bank in 1978, and
United bank of India. United Commercial Bank, Punjab National
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Bank, Canara bank and Indian overseas Bank in late ,,70s and early
,,80s. Among the development banks, ICICI started merchant banking
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activities in 1973, followed by IFCI (1986) and IDBI (! 991).ORIGION OF MERCHANT BANKING ?ABROAD:
The origin of merchant banking is to be traced to Italy in late medieval
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times. And France during the seventeenth and eighteenth centuries.
The Italian merchant bankers introduced in England not only the bill
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of exchange but also all the institutions and techniques connected withan organized money market. In France, during 17th and 18th centuries
a merchant banker (le Merchant Banquer) was not merely a trader but
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an entrepreneur par excellence. He invested his accumulated profits
in all kinds of promising activities . He added banking business to his
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merchant activities and became a merchant banker.REGULATIONS OF MERCHANT BANKING:
Notifications of the Ministry of Finance and SEBI
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Merchant bankers have to be organized as body corporates. They are
governed by the Merchant Bankers Rules (MB Rules) issued by the
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Ministry of Finance and Merchant Bankers Regulations (MBRegulations )issued by SEBI (22.12.1992)
Rationale of Notifications:
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Investors confidence is a prerequisite for an orderly growth and
development of the securities market. In the primary market, investors
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confidence dependence in a large measure on the efficiency of theissue management functions which covers drafting and issue of
prospectus or letter of offer after submitting it to SEBI and timely
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dispatch of share certificates or refund orders. To ensure proper
disclosure and to bring about transparency in the primary market with
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Objectives of the Merchant Bankers Regulations:M B regulations which seek to regulate the raising of funds in the
primary market would assure the issuer a market for raising resources
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effectively and easily, at a low cost, to ensure a high degree of
protection of the interests of investors and provide for the merchant
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banker a dynamic and competitive market with high standard ofprofessional competence, honesty, integrity and solvency. The
regulations would promote a primary market which is fair, efficient
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flexible and inspires confidence.
The regulations stipulates that any person or body proposing to
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engage in the business of merchant banking or presently engaged asmanagers, consultants or advisors to issue would need authorisation by
Securities and Exchange Board of India.
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DEFINITION OF MERCHANT BANKER:
The notification of the Ministry of finance defines a merchant
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banker as "any person who is engaged in the business of issuemanagement either by making arrangements regarding selling, buying
or subscribing to securities as manager, consultant, advisor or
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rendering corporate advisory services in relation to such issue
management".
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PROSPECTUS (FILING & REGISTRATION)The Registrar of Companies has also been advised that prospectus for
public issue can only be filed by merchant bankers who are authorized
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by SEBI and given a code number. Further the Registrar of Companies
is required not to register a prospectus where he has been informed by
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SEBI that the contents of the prospectus are in contravention of theprovisions of any law or statutory rules and regulations.
REGISTRATION OF MERCHANT BANKERS
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SEBI abolished on 5-09-1997 all categories of merchant bankers below
category I. Merchant bankers operating in the categories below I have
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to apply for category I status or take up some other activity. Portfolio
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management requires separate registration. Underwriting could be donewithout any additional registration. Merchant bankers can carry on any
activity of issue management, which will inter alia consist of
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preparation of prospectus and other information relating to the issue,
determining the financial structure, tie up of financiers and final
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allotment and refund of subscription and act in the capacity ofmanagers, adviser or consultant to an issue, portfolio manager and
underwriter.
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NETWORH
Minimum net worth is Rs.5 Crores. Registration fee is Rs.2.5 lakhs
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annually in the first two years and Rs.1 lakh in the third year and Rs.1lakh to be paid annually.
Number of Lead Managers: Number of lead managers depends on the
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size of the issue. The guidelines stipulate that for an issue of Rs.50
crores, the no of lead managers should not exceed 2, for issues between
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Rs.50-100 crores maximum of 3, for issues between 100-200 crores 4etc.
CODE OF CONDUCT
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The code of conduct stipulates that in the performance of duties,
merchant bankers should act in an ethical manner, inform the client
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that he is obliged to comply with the code of conduct, render highstandard of service and exercise due diligence, not to indulge in unfair
practices, not to make misrepresentations, give best advise, not to
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divulge confidential information about the clients, endeavor to ensure
that true and adequate information is provided to investors and to abide
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by all rules, regulations, guidelines, resolutions issued by theGovernment of India and SEBI from time to time.
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GENERAL OBLIGATIONS AND RESPONSIBILITIES
Maintenance of books of accounts, records and documents is required.
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Merchant bankers have to keep and maintain a copy of the balancesheet, a copy of the auditors report and a statement of financial
position. Merchant bankers should inform SEBI where the accounts,
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records and documents are maintained. .
Merchant bankers have to furnish annually to SEBI copies of balance
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sheet, profit and loss account and such other documents for preceding 5accounting years as required.
Merchant bankers are required to submit to SEBI half-yearly working
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results with a view to monitor the capital adequacy. Books, records and
documents should be preserved for 5 years. Auditors report should be
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acted upon within 2 months. Merchant bankers should execute anagreement with the issuing company setting out their mutual rights,
liabilities and obligations relating to the issue, and in particular to
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disclosures, allotment and refund.
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RESPONSIBILITIES OF LEAD MANAGERLead manager should not agree to manage any issue unless his
responsibilities relating to the issue mainly disclosures, allotment and
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refund are clearly defined. A statement specifying such responsibilities
should be furnished to SEBI.
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Underwriting Obligation: Lead merchant banker should accept aminimum underwriting obligation of 5% of total underwriting
commitment or Rs.25 lakhs whichever is less. However, underwriting
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is now optional.
Submission of due diligence certificate: A due diligence certificate
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about the verification of contents of prospectus or the letter of a offerin respect of an issue and the reasonableness of the views expressed
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therein should be submitted to SEBI at least 2 weeks prior to the
opening of an issue by the lead merchant banker.
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Documents to be submitted to SEBI by the lead manager: The lead
manager should submit to SEBI,
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(a) particulars of the issue, draft prospectus or letter of offer,(b) any other literature intended to be circulated to the investors
including the shareholders and
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(c) such other documents relating to prospectus or letter of offer as
the case may be
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These documents should be furnished at least 2 weeks before filing thedraft prospectus or letter of offer with ROC or with Regional Stock
Exchange. The lead manager has to ensure that modifications
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suggested by SEBI are incorporated. The lead manager undertaking the
responsibility for refunds or allotment of securities in respect of any
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issue should continue to be associated with the issue till the subscribershave received the share certificate or refund of excess application
money.
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INSIDER TRADING
Merchant bankers either directly or indirectly are prohibited from
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entering in to any transaction in securities on the basis of unpublishedprice sensitive information.
Acquisition of shares: Merchant bankers should submit to SEBI
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particulars of any transaction for acquisition of securities of a company
whose issue is managed by them within 15 days from the date of
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entering in to such a transaction. Lead managers have been permittedby SEBI in September 1995 to take a sake of upto 5% of the
companys post issue equity in the issues. This stake would be from the
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reserved category shares for the institutional investors and other
corporate bodies.
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Disclosures: As and when required by SEBI, merchant bankers have to
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disclose their (a) responsibilities with regard to the management to theissue, (b) any change in information furnished which has a bearing on
the certificate granted,(c) the name of the companies whose issues they
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have managed, (d) breach of capital adequacy and (e) their activities as
managers, underwriters, consultants or advisors to an issue.
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PROCEDURES FOR INSPECTIONSEBI may inspect books of accounts, records and documents of
merchant bankers to ensure that the books of accounts are maintained
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in the required manner, that the provisions of the Act, rules, regulations
are complied with. To investigate complaints against the merchant
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banker and to investigate suo moto in the interest of securities businessor investors interest in to the affairs of the merchant bankers. SEBI
may either give reasonable notice or undertake inspection without
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notice in the interest of the investor. The findings of the inspection
report are communicated to the merchant banker. SEBI may appoint a
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qualified auditor to investigate in to the books of accounts or the affairsof the merchant banker.
Penalties for noncompliance of conditions; for registration and
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contravention of the provisions of the MB regulations include
suspension or cancellation of registration. SEBI categorized defaults
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and the penalty points they attract.The details regarding defaults of merchant bankers and penalty points
are as follows:
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Defaults Penalty Points
1. general default 1
2. Minor default 2
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3. Major default 34. Serious default 4
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General Defaults:For the purpose of penalty point, the following activities fall under
general default and attract one penalty point.
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a) Non-receipt of draft prospects/letter of offer form the lead
manager by SEBI before filing with Registrar of Companies/
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Stock Exchange.b) Non-receipt of inter se allocation of responsibilities of lead
managers in an issue by SEBI prior to the opening of issue.
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c) Non-receipt of due diligence certificate in the prescribed
manner by SEBI, before opening of the issue.
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d) Failure to ensure submission of certificate of minimum 90%subscription tp the issue as required under Government of
India, press note No.F2/14/cci$90 dated 6th April,1990.
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e) Failure to ensure public sing of dispatch of refund orders,
shares /debentures, certificatesg1, filing of listing application
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by the issuer by the issuer bas required under Government ofIndia press notification No.2/6/cci/89 dated.10-1-1990.
Minor Defaults:
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The following activities are categorized under minor defaults and
attract two penalty points
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a. Advertisement circular brochure , press release and otherissue related materials not being in conformity with
contents of the prospects.
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b. Exaggerated information or information extraneous to the
prospectus is given by the issuer or associated merchant
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banker in any press conference, investor conference,brokers conference or other such conference/meet prior to
the issue for marketing of the issue arranged/generated by
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the merchant banker.
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c. Failure to substantiate matters contained in highlights to
the issue in the prospectus.
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d. Violation of the Government of India letter numberF1/2/SE/86 dated 24th March 1986 and/or Government of
India letter number F1/23/SE/86 dated 24th June 1987
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regarding advertisement on new capital issue.
e. Failure to provide adequate and fair disclosure to
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investors and objective information about risk factors inthe prospectus and other issue literature.
f. Failure to exercise due diligence in verifying contents of
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prospectus/letter of offer.
g. Delay in refund/allotment of securities.
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h. Non handling of investor grievances promptly.Major Defaults:
The following activities are categorized under major defaults and
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attract three penalty points:
a. Mandatory underwriting not taken by lead managers.
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b. Excess number of lead managers than permissible underSEBI press release of 28th February 1981.
c. Association of unauthorized merchant banker in an issue.
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Serious Defaults:
The following activities are categorized under serious defaults and
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attract four penalty points.a. Unethical practice by merchant banker and/or violation of
code of conduct.
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b. Non cooperation with SEBI in furnishing desired
information, documents, evidence as may be called for.
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A merchant banker on reaching cumulative penalty points of eight(8)attracts action form SEBI in terms of suspension /cancellation of
authorisation.
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To enable a merchant banker to take corrective action, maximum
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penalty points awarded in a single issue managed by a merchant
banker are restricted to four.
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In the event of joint responsibility, same penalty point is awarded toall lead managers jointly responsible for the activity. In the absence of
receipt of inter se allocation of responsibilities , all lead managers to
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the issue are awarded the penalty points.
Defaults in Prospectus:
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If highlights are provided , the following deficiencies will attractnegative points:
a. Absence of risk factors in highlights.
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b. Absence of listing in highlights.
c. Extraneous contents to prospectus, if stated in highlights.
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The maximum grading points of prospectus will be 10 andprospectuses scoring greater than or equal to 8 points are categorized
as A+ those with 6 or less than 8 points as A, with 4 or less than 6
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points as B and with score of less than 4 points, the prospectus falls in
to category C.
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General Negative Marks:If at all "Highlights" are provided in the same:
a. Risk factors should form part of "Highlights" other wise it
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will attract negative point. Of ?1.
b. Listing details, should form a part of "Highlights"
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otherwise it will attract negative point of ?0.5c. Any matter extraneous to the contents of the prospectus, if
stated in highlights, will attract negative point of ?0.5.
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Mutual Funds
Introduction:
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Mutual funds are financial intermediaries which collect the savings of
investors and invest them in a large and well diversified portfolio of
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securities such as money market instruments, corporate andGovernment bonds and equity shares of joint stock companies. A
mutual fund is a pool of commingle funds invested by different
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investors, who have not contract with each other. Mutual funds are
conceived as institutions for providing small investors with avenues
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of investments in the capital market.. Since small investors generallydo not have adequate time, knowledge, experience and resources for
directly accessing the capital market, they have to rely on an
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intermediary which undertakes informed investment decisions and
provides the consequential benefits of professional expertise. The
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raison detre of mutual funds is their ability to bring down transactioncosts. The advantages for the investors are reduction in risk, export
professional management ,diversified portfolios, liquidity of
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investment and tax benefits . By pooling their assets through mutual
funds, investors achieve economies of scale. The interests of the
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investors are protected by the SEBI which acts as a watch dog. Mutualfunds are governed by the SEBI (Mutual Funds) Regulations,1993.
MUTUAL FUNDS IN INDIA:
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The first mutual fund to be set up was the Unit Trust of India in 1964
under an act of Parliament . During the years 1987-1992,even new
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mutual funds were established in the public sector. In 1993, thegovernment changed the policy to allow the entry of private
corporations and foreign institutional investors in to the mutual fund
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segment. By the end of march 2000, apart from UTI there were 36
mutual funds, 9 in the public sector and 27 in the private sector.
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The UTI dominated the mutual fund sector till 1994-95, accounting for
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76.5% of the total mobilization. But there were large repurchases byUTI in 1995-97, which resulted in reverse flow funds. Meanwhile the
number of mutual funds especially in the private sector have grown
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along the number of schemes matching the preferences of the
investors. The year 1999-2000 was a watershed year in which mutual
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funds emerged as an important investment conduit for investors atlarge. Net resource mobilization by all mutual funds amounted to
21,972 crores. Growth was led mainly by private sector mutual funds,
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which witnessed an inflow of the order of Rs. 17,171.0 crores.
Fiscal incentives provided in the union funds 1999-2000 exempted all
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income received by the investors from UTI and other mutual fundsfrom income-tax. All open-ended equity oriented schemes along with
the US 64 scheme were exempted from dividend tax for 3 years.
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Buoyant stock markets were also a contributory factor.
The outstanding net assets of all domestic schemes of mutual funds
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stood at Rs 1,07,946 crores at the end of March 2000. the share of UTIin the outstanding assets was 67%, public sector funds 10%, and
private sector mutual funds 23%.
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Types if Mutual Funds::
There are tow major categories of mutual funds They are:
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1. Closed-end mutual funds.2. Open-end mutual funds.
Closed ?end mutual funds: These are the mutual funds where
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investment company cannot sell share units after its initial
offering.
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Characterizes of closed-end mutual funds:1. Closed ?end mutual fund investment company cannot sell
share after its initial offering.
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2. It growth in terms of the number of share is limited.
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3. The shares are issued like the new issues of any other
company, listed and quoted on a stock exchange.
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4. The shares of closed ?end funds are not redeemable at theirNAV as in the case of open-end funds.
5. These share are traded in the secondary market on a stock
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exchange.
6. The minimum amount of the fund is Rs.20 crores or 60% of
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targeted amount.Open-end mutual funds: Open ?end mutual funds are commonly
referred to as the mutual funds..
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Characteristics of open-end mutual funds:
1. . Mutual funds do not have a fixed capitalisation.
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2. It sells its shares to the investing public, whenever it can attheir Net Asset Value per share (NAV) and stands ready to
repurchase the same directly form the investing public at
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the net asset value per share
3. Minimum amount of the fund is Rs.50 crores or 60% of
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targeted amount. Examples are UTIs Unit 64, KothariPioneer, Prima and Lic Schemes
Apart form the above classification the mutual funds are also
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classified as under:
1. .Equity funds..
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2. Growth funds.3. Income funds.
4. Real estate funds.
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5. Offshore funds,
6. Leveraged funds
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7. Hedge funds.The above all the schemes are listed on the stock exchange for
dealings in the secondary market.
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Return form mutual funds: Investors on mutual funds can obtain
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the following returns . They are:
1.Dividends.
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2.Capital gains.3.Increase or decrease in NAV
1.Dividends:The dividend income of a mutual fund company form its
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investments in share , both equity and preference, are phased on to the
unit holders. All income received by investors form mutual funds is
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exempt form tax.2.Capital Gains: Mutual fund unit holders or owners also got benefits
of capital gains which are realized and described to them in cash or
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kind.
3.Increase or Decrease in NAV: The increase or decrease in the NAV
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are the result of unrealized gains or losses on the portfolio holdings ofthe mutual fund. Although mutual funds do not earn high rates of
return, they are able to reduce risk to the systematic level of market
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fluctuations. Most mutual funds earn in long run, an average rate of
return that exceeds the return on bank tern deposits.
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Mutual Fund Holders Account:There are three types of accounts offered by most of the mutual funds.
The investors select the type that matches their objectives. The
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various accounts are:
Regular Account:
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An investor is permitted to purchase any number of shares of themutual fund, at any time he chooses. An investor is paid the dividend
either monthly, quarterly, or half as he chooses as per the scheme.
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This income can be reinvested to acquire additional units by the
investors.
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Accumulation Account:
An investor is allowed to open an account, with a very small initial
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investment and continue adding to the fund, periodically.
Accumulation account may be voluntary or contractual. In the
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voluntary accumulation plan, an investor has flexibility to makeperiodic investment at his choice. But in the contractual plan, the
investor has to make investment at regular intervals.
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Withdrawal Accounts;
Under this plan, the individual investor can withdraw the amount of
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funds on a regular basis which suits elderly people to supplement theirpension benefits.
RECOMMENDATIONS OF THE STUDY GROUP:
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In 1991, a 10-member study group headed by Dr.S.A.Dave, chairman
of the Unit Trust of India, was formed by the Government of India, to
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study the functioning of mutual funds, with a view to permit mutualfunds in the private/joint sectors. The major recommendations of the
study group are:
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1. Minimum amount to be raised in the closed-end scheme
should be Rs.20crores and that of the open-end scheme is
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Rs. 50 crores.2. The private mutual fund should enjoy tax benefits similar
to the UTI.
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3. No minimum return should be guaranteed.
4. Distribution of at least 80 percent earnings.
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5. A limit of Rs.200 crores should be set for borrowing overtwo years.
SEBIs DIRECTIVES FOR MUTUAL FUNDS:
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The Government brought mutual funds in the security market under
the regulatory framework of the Securities and Exchange Board of
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SEBI issued guidelines in the year 1991 and a comprehensive set ofregulation relating to the organisation and management of mutual
funds in 1993.
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SEBI REGULATION FOR MUTUAL FUNDS (20-1-1993)
The regulations bar mutual funds form options trading, short selling
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and carrying forward transactions in securities. The mutual fundshave been permitted to invest only in transferable securities in the
money and capital markets or any privately placed debentures or
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securities debt. Restrictions have also been placed on them to ensure
that investments under an individual scheme, do not exceed 5% and
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investment in all the schemes put together does not exceed 10% of thecorpus. Investments under all the schemes can not exceed 15% of the
funds in the shares and debentures of a single company.
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SEBI grants registration to only those mutual funds that can prove an
efficient and orderly conduct of business. The track record of sponsors,
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a minimum experience of 5 years in the relevant field of financialservices, integrity in business transactions and financial soundness of
business is taken in to account. The regulations also prescribe the
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advertisement code for the marketing schemes of mutual funds, the
contents of the trust deed, the investment management agreement and
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the scheme-wise balance sheet. Mutual funds are required to be formedas trusts and managed by separately formed Asset Management
Companies. The minimum networth of such AMC is stipulated at Rs.5
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crores of which, the minimum contribution of the sponsor should be 40
per cent. Furthermore, the mutual fund should have a custodian who is
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not associated with any asset management company and registeredwith the SEBI.
The minimum amount raised in closed-ended scheme should be Rs. 20
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crores and for the open-ended scheme Rs.50 crores. In case the
collected amount falls short of the minimum prescribed, the entire
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amount should be refunded not later than 6 weeks from the date of
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closure of the scheme. If this is not done, the fund is required to pay aninterest of 15% per annum from the date of expiry of 6 weeks. In
addition to these, the mutual funds are obliged to maintain books of
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accounts and provision for depreciation and bad debts.
Further the mutual funds are now under the obligation to publish
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scheme-wise annual reports, furnish 6 months unaudited accounts,quarterly statements of the movements of the net asset value and
quarterly portfolio statements to SEBI. There is also a stipulation that
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the mutual funds should ensure adequate disclosures to investors. SEBI
is also empowered to appoint an auditor to investigate in to the books
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of accounts or the affairs of the mutual funds.SEBI can suspend the registration of the mutual funds in the case of
deliberate manipulation, price rigging or deterioration of the financial
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position of mutual funds.
SEBI (Mutual Funds) Regulations, 1996
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SEBI announced the amended mutual fund regulations on December 9,1996 covering registration of mutual funds, constitution and
management of mutual funds and operation of trustees, constitution
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and management of asset management companies and custodian
schemes of MFs, investment objectives and valuation policies, general
--- Content provided by FirstRanker.com ---
obligations, inspection and audit. The revision has been carried outwith the objective of improving investor protection, imparting a greater
degree of flexibility and promoting innovation.
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The increase in the number of MFs and types of schemes offered by
them necessitated uniform norms for valuation of investments and
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accounting practices in order to enable the investors to judge theirperformance on a comparable basis. The mutual fund regulations
issued in December 1996 provide a scheme-wise report and
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justification of performance, disclosure of large investments that
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constitute a significant portion of portfolio and the disclosure of the
movements in unit capital.
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The existing asset management companies are required to increasetheir networth from Rs. 5 crores to Rs. 10 crores within 1 year from the
date of notification of the amended guidelines. The consent of the
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investors has to be obtained for bringing about any change in the
fundamental attributes of the scheme on the basis which the unit
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holders made initial investments. The regulations empower theinvestor. The amended guidelines require portfolio disclosure,
standardization accounting policies, valuation norms for NAV and
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pricing. The regulations also sought to address the areas of misuse of
funds by introducing prohibitions and restrictions on affiliate
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transactions and investment exposures to companies belonging to thegroup of sponsors of mutual mutual funds. The payment of early
bird incentive for various schemes has been allowed provided they
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are viewed as interest payments for early investment with full
disclosure.
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The various mutual funds are allowed to mention an indicativereturn for schemes for fixed income securities. In 1998-99 the Mutual
Funds Regulations were amended to permit mutual funds to trade to
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derivatives for the purpose of hedging and portfolio balancing, SEBI
registered mutual funds fund managers are permitted to invest in
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overseas markets, initially within an overall limit of US $500 millionand a ceiling for an individual fund at US $50 million.
SEBI made (October8,1999) investment guidelines for MFs more
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stringent. The new guidelines restrict MFs to invest no more than
10% of NAV of a scheme in share or share related instruments of a
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single company. MFs investment in rated debt instruments of a singleissuer is restricted to 15% of NAV of the scheme (up to 20% with
prior approval of Board of Trustees or AMC). Restrictions in unrated
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debt instruments and in shares of unlisted companies . The new norms
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also specify a maximum limit of 25% of NAV of any scheme for
investment in listed group companies as against an umbrella limit of
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25% of NAV of any scheme for investment in listed groupcompanies as against an umbrella limit of 25% of NAV for all
schemes taken together earlier. SEBI increased (June 7, 2000) the
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maximum investment limit for MFs in listed companies form 5% to
10% of NAV in respect of open-ended funds. Changes in
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fundamental attributes of a scheme was also allowed without theconsent of three fourths of unit holders provided the unit holders are
given the exit options at NAV without any exit load. MFs are also
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not to make assurance or claim that is likely to mislead investors.
They are also banned from making claims in advertisement based on
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past performance..PRIVATE MUTUAL FUNDS:
Another key development in the Financial sector was the opening of
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mutual funds to private sectors in early 1992. Though quite a few
industrial groups and financial majors evinced a keen interest in the
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setting up of mutual funds, it took nearly two years for the firstprivate mutual fund to be launched. The first private sector mutual
fund was launched by the Madras based H.C.Kothari group which, in
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collaboration with the Pioneer group of the US offered two schemes
in 1994. This was followed by several mutual funds having foreign
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tie-ups with renowned asset management companies-20th century has acollaboration with Kemper Financial Services the Tata with Kleinwort
Bonson and ICICI with J.P.Morgan.
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The competition becomes intense when investors switch over form
one fund to another, based on their decisions on the performance of
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the funds. And that should begin sooner than latter, with as many as32 mutual funds in the field. The trend world over especially in the
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USA,U.K, and Japan is for investors to switch over form secondary
markets to mutual funds. For the companies also, the retail route is
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quite an expensive method of raising funds. The trends in private
funding of equity and bought out deals in our country, clearly
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indicate that individual households, in their own interest (since theylack stock picking skills and manage their own portfolios) should
leave the job to professionals such as mutual funds.
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Sponsor with Track Record:;
A mutual fund in a private sector has to be sponsored by a limited
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company having a track record. The mutual fund has to beestablished as a trust under the Indian Trust Act,1882. The sponsoring
company should have at least a 40 percent stake in the paid-up capital
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of the asset management company. Mutual funds are required to avail
off the services of a custodian who has secured the necessary
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authorisation form the SEBI.Asset Management Company: (AMC)
A mutual fund is managed by an Asset Management Company that is
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appointed by the sponsor company or by the trustee. The asset
management company has to be registered under the Companies
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Act,1956, and has to be approved by the SEBI. The AMC managesthe affairs of the mutual funds and its schemes. AMC are registered by
the Registrar of Companies only after a draft memorandum and
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articles of association are cleared by the SEBI.
UNIT TRUST OF INDIA:
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Unit Trust of India (UTI) is Indias first mutual fund organisation. Itis the single largest mutual fund in India, which came in to existence
with the enactment of UTI Act in 1964.
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The economic turmoil and the wars in the early sixties depressed the
financial markets making it difficult for both existing and new
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entrepreneurs to raise fresh capital. Then the Finance--- Content provided by FirstRanker.com ---
Minister,T.,T.Krishnamachari, set up the idea of a Unit Trust n whichwould mobilize savings of the community and invest these savings in
the Capital market. His ideas took the form of the Unit Trust of
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India, which commenced operations form likely 1964, with a view to
encouraging savings and investment and participation in the income,
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profits and gains accruing to the Corporation form the acquisition,holding, management and disposals of securities. The regulation
passed by the Ministry of Finance (MOF) and the Parliament form
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time to time regulated the functioning of UTI. Different provisions
of the UTI Act laid down the structure of management, scope of
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business, powers and functions of the Trust as well as accounting,disclosures, and regulatory requirements, for the Trust.
UTI was set up as a trust without ownership capital and with an
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independent Board of Trustees. The Board of Trustees manages the
affairs and business of UTI . The Board performs its functions,
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keeping in view the interest of the Unit-holders under variousschemes.
UTI was set up as a trust without ownership capital and with an
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independent
Board of Trustees. The Board of Trustees manages the affairs and
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business of UTI. The Board performs its functions, keeping in viewthe interest of the unit-holders under various schemes.
UTI has a wide distribution network of 54 branch offices, 266 chief
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representatives and about 67,000 agents. These Chief representatives
supervise agents. UTI manages 72 schemes and has an investors base
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of 20.02 million investors. UTI has set up 183 collection centres toserve to serve investors. It has 57 franchisee offices which accept
applications and distribute certificates to unit-holders.
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UTIs mission statement is to meet the investors diverse income and
liquidity needs by creation of appropriate schemes, to offer best
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possible returns on his investment, and render him prompt and
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efficient service, baying normal customer expectations.UTI was the first mutual fund to launch India Fund, an offshore
mutual fund in 1986. The India Fund was launched as a close-ended
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fund but became a multi-class , open ?ended fund in 1994. Thereafter,
UTI floated the India Growth Fund in 1988, the Columbus India Fund
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in 1994, and the India Access Fund in 1996. The India Growth Fund islisted on the New York Stock Exchange. The India Access Fund is an
Indian Index Fund, tracking the NSE 50 index.
--- Content provided by FirstRanker.com ---
UTI's Associates:
UTI has set up associate companies in the field of banking, securities
--- Content provided by FirstRanker.com ---
trading , investor servicing, investment advice and training, towardscreating a diversified financial conglomerate and meeting investors
varying needs under a common umbrella.
--- Content provided by FirstRanker.com ---
UTI BANK Limited: UTI Bank was the first private sector bank to
be set up in 1994. The Bank has a network of 121 fully computerized
--- Content provided by FirstRanker.com ---
branches spread across the country. The Bank offers a wide range ofretail, corporate and forex services.
UTI Securities Exchange Limited: UTI Securities Exchange Limited
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was the first institutionally sponsored corporate stock broking firm
incorporated on June28,1994, with a paid-up capital of Rs.300
--- Content provided by FirstRanker.com ---
million. It is wholly owned by UTI and promoted to providesecondary market trading facilities, investment banking, and other
related services. It has acquired membership of NSE,BSE,OTCEI and
--- Content provided by FirstRanker.com ---
Ahmedabad Stock Exchange (ASE)
UTI Investors Services Limited: UTI Investor Services Limited was
--- Content provided by FirstRanker.com ---
the first Institutionally sponsored Registrar and Transfer agency setup in 1993. It helps UTI in rendering prompt and efficient services
to the investors.
--- Content provided by FirstRanker.com ---
UTI Institute of Capital Markets: UTI Institute of Capital Market
--- Content provided by FirstRanker.com ---
was set up in 1989 as a non-profit educational society to promote
professional development of capital market participants. It provides
--- Content provided by FirstRanker.com ---
specialized professional development programmes for the variedconstituents of the capital market and is engaged in research and
consultancy services. It also serve as a forum to discuss ideas and
--- Content provided by FirstRanker.com ---
issues relevant to the capital market.
UTI Investment Advisory Services Limited: UTI Investment
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Advisory Services Limited the first Indian Investment advisorregistered with SEC,US, was set up in 1988 to provide investment
research and back office support to other offshore funds of UTI.
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UTI International Limited: UTI International Limited is a 100
percent subsidiary of UTI, registered in the island of Guernsey,
--- Content provided by FirstRanker.com ---
Channel Islands. It was set up with the objective of helping in theUTI offshore funds in marketing their products and managing funds.
UTI International Limited has an office in London, which is
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responsible for developing new products, new business opportunities,
maintaining relations with foreign investors, and improving
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communication between UTI and its clients and distributors abroad.UTI has a branch office at Dubai, which caters to the needs of NRI
investors based in Six Gulf countries, namely, UAE, Oman, Kuwait,
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Saudi Arabia, Qatar, and Bahrain. This branch office acts as a liaison
office between NRI investors in the Gulf and UTI offices in India.
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UTI has extended its support to the development of unit trusts inSri Lanka and Egypt. It has participated in the equity capital of the
Unit Trust Management Company of Sri Lanka.
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Promotion of Institutions:
The Unit Trust of India has helped in promoting/co-promoting many
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institutions for the healthy development of financial sector. Theseinstitutions are:
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Infrastructure Leasing and Financial Services (ILFS)
Credit Rating and Information Services Limited (CRISIL)
--- Content provided by FirstRanker.com ---
Stock Holding Corporation of India Limited (SHCIL)
Technology
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DevelopmentCorporation
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of
India
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Limited(TDCIL)Over the Counter Exchange of India Limited (OCEIL)
National Securities Depository Limited (NSDL)
--- Content provided by FirstRanker.com ---
North-Eastern Development Finance Corporation Limited
(NEDFCL)
--- Content provided by FirstRanker.com ---
EVALUATION OF PERFORMANCE OF MUTUAL FUNDS 1The performance of a portfolio is measured by combining the risk and
return levels in to a single value. The differential return earned by a
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portfolio may be due to the difference in the exposure risk from that of,
say market index. There are three major methods of assessing a risk
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adjusted performance. Firstly, the return per unit of risk; secondly,differential return; thirdly, the components of investment performance.
Return per Unit of Risk
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The first measure determines the performance of a fund in terms return
per unit of risk. The absolute level of return achieved is related to the
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level of risk exposure to develop a relative risk adjusted measure forranking the fund performance. Funds that provide the highest return
per unit of risk would be judged as having performed well while those
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providing the lowest return per unit of risk would be judged as poor
performers.(see. Fig.4.1)
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The return per unit of risk is measured by Sharpes investmentperformance index and Trenors portfolio performance index.
Sharpe's Index: Sharpes investment performance index is a risk
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adjusted rate of return measure that is calculated by dividing the assets
risk premiums E(r)-R by their standard deviations of returns. The index
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is used to rank the investment performance of different assets 2.--- Content provided by FirstRanker.com ---
Sharpes index considers both the average rate of return and risk. Itassigns the highest scored to the assets that have best risk adjusted rate
of return. Sharpes reward to variability of return is simply, the ratio
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defined as the realized portfolio return (rf) to the variability of returns
measured by the standard deviation of return (op).
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1. for detailed discussion, please see, Fuller &Farrell, ModernInvestment Analysis & Management Mc Graw Hill ,1987
2. Sharpe William. F "Mutual Fund Performance", Journal of
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Business ,Jan-Supp. Page: 199, 138
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Figure : 4.1 Differential return for funds A , M & Z--- Content provided by FirstRanker.com ---
Zm
--- Content provided by FirstRanker.com ---
Z=8
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Z--- Content provided by FirstRanker.com ---
Zm =7
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--- Content provided by FirstRanker.com ---
A--- Content provided by FirstRanker.com ---
M
--- Content provided by FirstRanker.com ---
A = 6--- Content provided by FirstRanker.com ---
Am = 5.6--- Content provided by FirstRanker.com ---
5
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4
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Rf = 3
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0.67
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1.0
1.3
Risk (Beta)
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Sharpes Ratio rp= rf/ p
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--- Content provided by FirstRanker.com ---
Where (rp) is the realized portfolio return or the assets average rate ofreturn
(rf) is the risk free rate and p is the assets SD of return.
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In terms of the capital market theory, the portfolio measure uses the
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total risk to compare portfolios with the Capital Market Line (CML). Ahigher Sharpes ratio value than the market portfolio would lie above
the CML and would indicate superior risk adjusted performance.
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Treynor's Index: An index of portfolio performance that is based on
systematic risk, as measured by the portfolio beta coefficients, rather
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than on total risk as done by Sharpes Index was put forwarded by JackTrenor 1. It is used to rank the investment performance of different
assets. It is a risk adjusted rate of return measure that is calculated by
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dividing the assets risk premium E(r)-R, by their beta coefficients.
The index of systematic risk is a Characteristic of the Regression Line
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(CRL) and the beta coefficient. As with the individual assets, thebeta coefficient form a portfolios characteristic line is an index of
the portfolios systematic or undiversified risk . The systematic risk
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remains after the unsystematic variability of return of the individual
assets average turns out to be zero. In view of this,Treynor suggested
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measuring a portfolios return. Relative to its systematic risk ratherthan to its total risk, as is done in the Sharpes measure:
Treynors ratio = rp- rf / p
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A larger TR value indicates a higher slope and a better portfolio for
all the investors. Comparing a portfolios TR value to a similar
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measure for the market portfolio, indicates whether the portfoliowould plot above the Security Market Line (SML) (see Fig.4.1) .
Deviations form the characteristic line measures the relative volatility
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of the portfolios return, in relation to the returns for the aggregate
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market or the portfolios beta coefficient, m equals 1.0, the markets
beta, which indicates the slope of the SML.
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The TR value for the aggregate market is calculated as follows.--- Content provided by FirstRanker.com ---
T m = R m - R f / m
Where R m = return from the market portfolio : m = Systematic risk of the market
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1. Treynor, J "How to rate management of investment funds" Harward
Business Review, Jan-Feb-1965, page:633-675
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In this expression, b equals and the markets ,,beta indicates the slope of
the SML, Therefore, a portfolio with a higher TR value than the
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market portfolio would be above the SML. This would indicatesuperior risk adjusted performance. Comparison of Sharpes and
Treynors Measures are similar in a way since they both divide the
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risk premium by a numerical risk measure. However , the Sharpes
portfolio performance measures uses the standard deviation of returns
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as the measure of risk whereas, Treynors performance measureemploys beta coefficient as a denominator. Sharps measure ranks the
assets dominance in the CMLs risk return space while the Treynors
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measure ranks the dominance in the CAPMs risk return space. Both
measures assume that money can be freely borrowed and lent at R.
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This assumption is required to generate linear investmentopportunities that emerge form R and allow funds in different risk
classes to be compared and ranked. The standard deviation as a
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measure of the total risk is appropriate when evaluating the risk return
relationship for well-diversified portfolios. On the other hand the beta
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coefficient is the relevant measure of risk when evaluating less thanfully diversified portfolios or invidividuall stocks. In spite of the risk
measures they employ, the Sharpes and Treynors portfolio
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performance measures yield very similar ranking of portfolios in
most cases.
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Table 4.2 illustrates the calculation of return per unit of risk, under the
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two methods using two hypothetical funds A and Z along with themarket fund M, as a benchmark for comparison. The market fund
provided 0.26 return per unit of standard deviation and exceeded the
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Sharpes ratio of 0.25 return provided for Z , but was below the
Sharpes ratio of 0.3 for fund A. According to the reward to
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volatility ratio, the market fund provided a return per unit of beta of 4,which again exceed the Treynors ratio of 3.7 for fund Z but way
below the Treynors ratio of 4.4 derived for fund A (Figurre.4.1)
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The ranking of funds was identical under either measures and A
was the best Z, the worst while the market fund M, an intermediate
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performer.Table 4.2 Calculation of Return per unit of Risk Ratios
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Fund Return Rf Rp - Rf S.D
S.R.
--- Content provided by FirstRanker.com ---
bTR
A
--- Content provided by FirstRanker.com ---
6
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33
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10
0.30
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0.67 4.4
M
--- Content provided by FirstRanker.com ---
7
--- Content provided by FirstRanker.com ---
34
--- Content provided by FirstRanker.com ---
15
0.26
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1.00 4.0
Z
--- Content provided by FirstRanker.com ---
8
--- Content provided by FirstRanker.com ---
35
--- Content provided by FirstRanker.com ---
20
0.25
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1.33 3.7
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Differential Return (Alpha)
A second category of risk adjusted performance measure 1 is the
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Jensons measure. This measure was developed by Michael Jensonand is sometimes referred to as the differential return. This measures
involves the calculation of return that should be expected for the
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fund, given the realized risk of the fund and compare that with the
returns realized over the period. It is assumed that the investor has a
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passive or na?ve alternative of merely buying the market portfolioand adjusting for the appropriate level of risk, by borrowing or
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lending at a risk-free rate. Given the assumption, the most commonly
used method of determining the return for a level of risk is by way of
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the alpha formulation.
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N ( r p) = r f + / p ( m - f )a p = r p - r p - N (r p )
To evaluate the performance of the fund A, we insert the appropriate
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variables in the formula
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N ( r p) = 3 + 0.67 ( 7 ? 3) = 5.68 %
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--- Content provided by FirstRanker.com ---
a = 6 ? 5.68 = 0.32 %1. Jenson , Michael C, "The performance of the mutual funds in the
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period 1945 ? 64" Journal of finance, May 1968, pp 389 - 416Decomposite of performance
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rM=7
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rA=6
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A
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SA Return
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Net selectivity r(SA)=5.85
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from
diversification
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--- Content provided by FirstRanker.com ---
selectivity
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r(A)= 5.67--- Content provided by FirstRanker.com ---
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Total excess
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return
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Risk
--- Content provided by FirstRanker.com ---
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rf =3
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Premium
--- Content provided by FirstRanker.com ---
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%n
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ture
R
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--- Content provided by FirstRanker.com ---
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0.67
1.0
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Risk ( Beta)
Fund A would have been expected to have earned 5.68% over the
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period. The fund actually earned 6,00% and thus provided a
differential return of risk adjusted to 0.32% (Fig.4.2). Jenson also
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provided a way of determining whether the differential return couldhave occurred by change or whether it was significantly different
from zero in statistical sense. It is possible to establish this, since
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Jensons measure is ordinarily derived by running a regression of the
monthly or quarterly returns of the fund, being evaluated against the
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return of a market index, over the relevant performance period. Theregression equation is:
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r p - r f = p + / p ( rm - rf ) + e
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The form of the regression equation is similar to that of the previous
equation, except that an intercept term alpha and an error term (e)
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have been added. The error term enables in assessing how well the
regression equation fits the data, a low error indicating a well-defined
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relationship and a high error indicating a poorly defined relation ship.The intercept measure the performance of the fund with either a
negative value that indicates a below average performance or a
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positive value for above average performance.
COMPONENTS OF INVESTMENT PERFORMANCE:
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The risk adjusted performance measures of Sharpe, Treynor andJenson help in the overall assessment.. All the three measures yield
similar performance rankings of a fund.
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Framework of performance Analysis:
Eugene Fama has provided an analytical framework that elaborates
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the three risk-adjusted return methods, to allow a more detailedanalysis of the performance of a fund. Fig.4.2 is a risk return diagram
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form the Fama study, illustrating the framework of performance
analysis. The vertical axis refers to the returns, while the horizontal
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axis shows the risk measured in terms of beta.The diagonal line plotted on the diagram is the equation of the SML.
For the purpose of illustration the data on the realized return ((r =6%
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and market risk =6% of the fund A also shown in Fig.4.1
previously) are plotted on the diagram. It is shown that, at the market
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level of the fund, it would have been expected to have a return ofr =5.58%. This expected return is composed of a risk-free component
of 5% shown as the distance from the base line to r and a risk
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premium of 2.68 (4x.67) shown as the distance . The fund actually
earned a return of 0.32% more than the normal return and is shown as
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the distance. This incremental return is known as the Return toSelectivity.
Stock Selection: The overall performance of the fund in terms of
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superior or inferior stock selection and the normal return, associated
with a given level of risk can be assessed with this framework: 1
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Total excess return = Selectivity +risk.r A - r f = r A - r( A ) + r ( A ) - rf
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6 ? 3 = 6 ? 5.68 + 5.68 ? 3
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3 = 0.32 + 2.68
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In striving to achieve an above average return, managers generally
have to forsake a few diversifications that have a cost in terms of
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additional portfolio risk. This framework can be used to determinethe added return that would be expected , to compensate for the
additional diversification risk. This is achieved first, by using the
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CML equation to determine the return commensurate with the incurred
risk, as measured by the standard deviation of return. We can
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determine the normal return for the fund A. using the total risk asfollows:
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r (SA ) = r f + ( rm - r f ) a - m
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= 5.86 %
The difference between this return and that expected when only the
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market risks. R or 5.68% is considered as the added return fordiversification or in this case 5.86-5.68 =0.18%. In terms of Fig 4.2 it
is the distance
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The net selectivity of the fund than becomes the overall selectivity
excluding whatever penalty or added return is needed to compensate
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for the diversification risk. The diagram shows that the net selectivityof the fund is the distance In terms of formulation, the net selectivity
can be shown as follows:
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Market Timing:
Fund managers can also generate superior performance by timing
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the market correctly, that is by assessing correctly the direction of themarket, either bull or bear and positioning the portfolio accordingly.
If a market decline is expected, the cash percentage of the portfolio
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may be increased or decrease the beta of the equity portion of the
portfolio.. If the market is expected to rise, the cash position may be
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reduced or increase the beta of the equity portion of the portfolio.The portfolio management may be assessed by comparing fund
return to the market index over the relevant period. If the fund does
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not engage in market timings but concentrated only on stock
selection , the average beta of the portfolio would be constant and a
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plotting of the fund return against market return would show alinear relationship as illustrated in Fig.4.3. The linear relation ship
will still hold , even if the direction of the market is not accurately
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forecast, if the beta or cash position have changed. If the market
direction is accurately assessed and the portfolio beta change , we
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would observe the sort of relationship; shown in Fig.4.4. To properlydescribe this relationship, we can fit a curve to the plots by adding a
quadratic term to the simple linear relationship
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r p = a + b r m + c r 2 m
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Where r p = returns of the security
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r 2 m = square of the market returnsReturn on the Fund (rp) for Superior Stock Selection
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Return on the Fund (rm ) for Superior Market Timing
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Return on the market (rm )
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The curve fitted to the plots in Figs.4.3 and 4.4, indicate that the
value of the parameter of the quadratic term is positive, which implies
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that the curve becomes steeper as one moves to the right of thediagram, and establishes that fund movement were amplified on the
upper side and dampened on the downside, relative to the market. The
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obsessive focus on investment performance rating obscures the fact,
that mutual funds have to establish a brand name, excel at marketing
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and invest in man power and information technology. This providesindividual investors convenience, better services, wider choice and
lower costs. Like any other business, long-term success of mutual
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funds depend on their ability to cut down costs, improve services and
undelivered their products in a convenient form. Mutual funds have
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to improve distribution. Which is being improved by the spread ofinformation technology and the growing sophistication of investors.
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MONEY MARKET MUTUAL FUNDS (MMMF)
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After the remarkable success of the mutual funds set up by the banksand financial institutions in India, the Reserve Bank of India (RBI)
permitted the establishment of the Money Market Mutual Funds
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(MMMF) in the year 1992. The basic idea is the development of
mutual funds surplus funds in the money market. The guidelines have
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been revised on November1995, MMMF ensures high liquidity,adequate surety and high returns. What distinguishes the money
market mutual funds form the existing mutual funds is the difference
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in their investment portfolios. A money market mutual fund
invariably and exclusively invests its resources in high quality money
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market instruments, whereas, a mutual fund largely invests in capital--- Content provided by FirstRanker.com ---
market securities and ,,parks its surplus funds in money marketinstruments for short periods.
RBI GUIDELINES (23.11.1995)
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MMMFs can be launched by banks, public financial institutions and
private sector MFs . Units of MMMF can be issued to individuals
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only. NRIs can subscribe and repatriate the dividend (not theprincipal). No minimum return can be assured by the
MMMF..Minimum lock-in period is 15 days (May 1998). MMMF
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can be set up[ with the approval of the RBI only while private sector
ones with the approval of the SEBI. Shares and units issued by the
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MMMF are subject to stamp duty. Funds received by the MMMF canbe invested only in Treasury Bills, Government of India Securities
dated with an unexpired maturity up to one year, call loans to
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banks,CDs and CPs MMMF should have a minimum investment of
25 percent in the Treasury Bills and dated government securities
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minimum investment in call loans 30% commercial bills 20% andCPs 15% (maximum exposure to a single company cannot be more
than 3 percent). For CDs, no limit is fixed. With a view to making
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the scheme of MMMF more flexible , the RBI announced on 22-10-
1997 that they can invest in rated corporate bonds and debentures,
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with residual maturity of up to one year. Bonds and debentures arenow included along with CP to ensure that the exposure of MMMF
does not exceed 3 percent of the resources of the MMMF. Cheque
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writing facility can be offered (since 1999-2000 MMMFs have come
under the purview of SEBI regulations and are allowed to be set up
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as a separate entity in the form of a ,,Trust Banks and FRs wererequired to seek clearance form RBI for setting up a mutual fund.
Private MMMF (RBI,23-11-1995)
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Subscriptions are open only to individuals (later liberalized and is
open to corporates and others) Instruments remain the same as in the
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case of public sector institutions. Limits on investments, except CP,
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are withdrawn, Private MMMFs have to get a clearance form the RBIas well as SEBI.
ITI PIONEER MMMF:
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ITI Pioneer is the only asset management company to have launched
an MMMF in the country. ITI pioneers MMMF has not received a
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good response and the mutual fund wants some changes in theregulations, to help boost the appetite for MMMFs . It is suggested
that the minimum lock-in-period for an MMMF should be brought
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down from the present 36 days to 10 days. The funds should also be
allowed cheques writing facility, which will help them in the transfer
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of funds. The lock-in-period has since been reduced to 15 days andcheques writing facility is permitted.
UTI's Money Market Mutual Fund (23-4-1997)
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The Unit Trust of India (UTI) launched its Maiden Money Market
Mutual fund (MMMF) on 23-4-1997. The trust has decided to take
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the help of the UTI Bank, in order to effect, repurchase facility ,on thesame day lending liquidity to the fund. The minimum subscription
amount has been pegged at Rs.10,000. The tie-up with the UTI Bank
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enables the trust to issue cheques up to a sum of Rs.1 crore, on the
same day and between Rs.1 crore and Rs. 5 crores, the next-day.
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UTIs money market fund, the second of its kind in the country afterITI Kothari Pioneer is likely to attract investment form corporates
with retail investors entering at a later date.
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The returns will be given at the times of exit and therefore, it will
function as a growth fund and not as an income fund. The fund
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comes without a sale and redemption load with a nominal fee of Rs. 20charged for redemption transactions.
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According to the RBI guidelines, MMMF can invest in money market
instruments, but it has to have a lock-in period of 30 days. This is
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done to prevent competition to bank deposits.
Collective Investment Schemes (CIS)
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SEBIs regulations for CIS were notified on October 14, 1999, Underthe SEBI Act and Regulations no person can carry on any CIS unless
he obtains a certificate of registration form SEBI. All existing
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collective investment schemes were required to apply for registration
by December,14,1999. An existing scheme which does not obtain
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registration form SEBI shall have to windup and repay the money tothe investors. Failure to do so would attract penal action, which may
include ban on collection of money form investors and launching any
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scheme, ban on disposal of property etc.,
The salient features of collective investment scheme are:
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CIS includes any schemes or arrangement with respect toproperty of any description, which enables investors to
participate in the scheme by way of subscriptions and to receive
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profits or income or producer arising form the management of
such property.
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Schemes structured for investment in shares/bonds and othermarketable securities would not be treated as CIS.
CIS can be floated only by companies registered under the
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Companies Act,1956; the company floating CIS has to seek
registration with SEBI as Collective Investment Management
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Company (CIMC).CIS shall be constituted as a tow-tier structure comprising a
Trust and a CIMC. At the time of registration as CIMC, the
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company should have a minimum networth of Rs.3 crore,
which has to be raised to Rss.5. crore.
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The CIS us prohibited form guaranteeing assured returns;
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indicative returns, if any should be based on the projections inthe appraisal report.
The duration of the scheme shall be for a minimum period of
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three years.
The assets of the scheme would be covered by compulsory
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insurance.Units issued under CIS should be listed on recognised stock
exchanges.
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Entities operating CIS , who on the date of notification of
SEBI Regulations would be treated as existing CIS who should
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seek registration form SEBI within two months form the dateof notification of the Regulation, Up to March 31, 2000. SEBI
received applications form 35 existing entities for registration.
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Conclusion:
In India , mutual funds have a lot of potential to grow. Mutual fund
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companies have to create and market innovative products and framedistinct marketing strategies. Product innovation will be one of the key
determinants to success. The mutual fund industry has to bring many
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innovative concepts such as high yield bond funds, principal protected
funds, long short funds, arbitrate funds, dynamic funds precious metal
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funds, and so on. The penetration of mutual funds can be increasedthrough investor education, providing investor oriented value added
services, and innovative distribution channels. Mutual funds have
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failed during the bearish market conditions. To sell successfully
during the bear market, there is a need to educate investors about risk
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?adjusted return and total portfolio return to enable them to takeinformed decision. Mutual funds need to develop a wide distribution
network to increase its reach and tap investments form all corners
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and segments. Increased use of internet and development of alternative
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channels such as financial advisors can play a vital role in increasing
the penetration of mutual funds. Mutual funds have come a long way,
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but a lot more can be done.UNIT ? V
5.1 INTRODUCTION
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Capital Market
Capital Market is wide term used to comprise all operations in the new
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issues and stock market. New issues made by the companies constitutethe primary market , while trading the existing securities relates to the
secondary market. While we can only buy in the primary market, we
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cab buy and sell securities in the secondary market.
KERB Deals
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Brokers dealing outside the trading ring, and after or before the tradinghours is considered illegal, as per the Rules of the Stock Exchange.
Such deals, are called Kerb deals and such trade is called Kerb trade
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which is illegal.
Grey Market
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Brokers dealing in unlisted securities and new issues before listing andtrading in such securities are illegal. Such market which is illegal is
called the Grey Market. Grey Market thrives in many new securities
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before listing and the quotation is give as Premium over the issue price.
Deals in Grey Market as much as in kerb trade are illegal.
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Sub brokersEach broker is allowed to have some sub-brokers or remissers to go to
the trading ring to put deals on behalf of the Broker. Such sub-brokers
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who are registered with the Stock Exchange and with SEBI can pass
the confirmation notes to the clients on behalf of the broker whom they
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represent. Some sub brokers deal only in the new issue market,marketing new issues on behalf of the main broker.
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Structure of the Market
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There are various sub-markets in the capital market in India. Thestr4ucture has undergone vast changes in recent years. New
instruments and new institutions have emerged on the scene.
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The sub-markets are as follows:
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1. Market for corporate securities ? for new issues and oldsecurities
2. Market for Government securities.
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3. Market for Debt instruments ? debentures and bonds ofprivate sector, bonds of public sector undertakings, public
financial institutions etc.
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4. Mutual fund schemes and UTI schemes.All these markets and sub-markets have both Primary Markets and
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Secondary Markets. The firs one is for raising funds directly from the
public and secondary market is for trading and imparting liquidity
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existing securities.Players in the Market
The players in the New Issues market are many and the more important
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of them are the following:
1. Merchant bankers ? their functions and working are dealt
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with in aseparate chapter. They are the issue managers, lead
managers, co-mangers and are responsible to the company
and SEBI.
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2. Registrars ? their functions are next to merchant bankers inimportance. They collect the applications for new issues,
their cheques, stock invests etc., classify and computerize
them. They also make allotment sin consultation with the
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regional stock exchange regarding norms in the event ofoversubscription and before a public representative. They
have to dispatch the letters of allotments, refund orders and
share certificates within the time letters of allotments,
refund orders and share certificates within the time
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schedules stipulated under the Companies Act and observethe guidelines of SEBI and the Govt. and RBI. Besides
they have also to satisfy the listing requirements and get
them listed on one or more of the stock exchange.
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3. Collecting and coordinating bankers ? collecting and
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coordinating bankers may be the same or different. Whilethe former collects the subscriptions in cash, cheques, stock
invests etc., the latter collates the information on
subscriptions and coordinates the collection work and
monitors the same to the registrars and merchant bankers,
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who in turn keep the company informed.4. Underwriters and brokers ? underwriters may be
financial institutions, banks, mutual funds, brokers etc., and
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undertake to mobilize the subscriptions upto some limits.Failing to secure subscriptions as agreed to, they have to
make good the shortfalls by their own subscriptions.
5. Printers, advertising agencies, and mailing agencies are
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the other organizations involved in the new issue market
operations.
Stock Market Intermediaries
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The players in the market are the issuers of securities, namely,
companies, intermediaries like brokers, sub-brokers etc., and the
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investors who bring in their savings and funds into the market.The stock brokers are of various categories, namely :
1. Client brokers ? doing simple brokering between buyers
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and sellers and earning only brokerage for their services
from the clients.
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2. Floor brokers ? authorized clerks and sub-brokers whoenter the trading floor and execute orders for the clients or
for members.
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3. Jobbers ? those members who are ready to buy and sel
simultaneously in selected scrips, offering bid and offer
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rates for the brokers and sub-brokers on the trading floorearning profit through the margin between buying and
selling rates.
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4. Arbitraguers ? those who do inter market deals for a profit
through differences in prices as between markets say buy in
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5. Badla financiers ? those members who finance carryforward deals in specified group (A Group) for a return in
the form of interest, called badla rate. They lend money or
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shares for the brokers who are overbought or oversold
respectively at the time of settlement.
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Chart I ? Pattern of corporate financing- structureA. INTERNAL FINANCE ? RETAINED INCOME
B. EXTERNAL SOURCES ? METHODS
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Equity Debit Debentu-FOREIGN
PUBLIC
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INTER
Ordinary, Borrowings res
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DEPOSITSSOURCES,
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CORPOR
Perfere From Banks Converti-
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EQUITYOF
ATE
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nce, & Fls. ble
VARIOUS
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DEBITINVEST
Etc. Non-
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MATURITI
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MENTConver
ES
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tible
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Fls.- IDBI ? IFCI ? UTI- LIC ? GIC ? ETC.
PLANNING, CONSULTANCY,
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AGENCY, BROKING, ETC.,
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UNDERWRITING AGENCYWORK LEAD MANAGING
MERCHANT BANKING.
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5.2 OBJECTIVEThis unit covers entire capital market activities which is comprises of
both the primary market and secondary market. The students of MBA-
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Finance should know the share market in whole as the new issues of
instruments in the primary market and related procedures and guide
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lines of SBEI etc., In the same manner they should know about thesecondary market and the stock exchanges. This unit also deals the
functions of stock exchanges, Trading in stock exchanges, Foreign
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Investment and its regulations and the Indian fiscal system. Here after
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the students to get the knowledge to buy the shares from the primary
market and trade in the secondary market, which may helpful in their
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life also.5.3 PRIMARY MARKET
INTRODUCTION
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The main function of primary market is to facilitate the transfer of
resources from savers to entrepreneurs seeking to establish new
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enterprise or to expand\diversify existing ones.New issues can be classified in various ways. The first category of
new issues are by new companies and old companies. The
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classification was first suggested by R.F. Henderson. The distinction
between new also called initial, and old also known as further, does
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not bear any relation the age of the company. The securities issued bycompanies for the first time either after the incorporation or conversion
from private to public companies are designated as initial issues, while
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those issue by companies which already have stock exchange
quotation, either by issue or by right to existing shareholders, are
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referred to as further or old.However, two types of issues are excluded from the category of new
issues. First, bonus/capitalization issues which represent only book-
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keeping entries, and second, exchange issues by which shares in one
company are exchanged for securities of another.
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The general function of the primary market, namely, the channeling ofinvestible funds into industrial enterprises, can be split from the
operational stand-point, into three services. (i) Origination, (ii)
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Underwriting, and (iii) Distribution. The institutional setup dealing
with these can be said to constitute the primary market organization.
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In other words, the primary market facilitates the transfer of resourcesby providing specialist institutional facilities to perform the triple-
service function.
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ISSUE MECHANISMThe success of an issue depends, partly, on the issue mechanism. The
methods by which new issues are made are: (i) Public issue through
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prospectus, (ii) Tender/Book building, (iii) Offer for sale (iv)
Placement and (v) Rights issue.
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Public Issue through ProspectusA common method followed by corporate enterprises to raise capital
through the issue of securities is by means of a prospectus inviting
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subscription form the investing public. Under this method, the issuing
companies themselves offer directly to the generally public a fixed
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number of shares at a state price, which in the case of new companiesin invariably the face value of the securities, and in the case of existing
companies, it may sometimes include a premium amount, if any.
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Another feature of public issue method is that generally the issues are
underwritten to ensure success arising out of unsatisfactory public
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response.The foundation of the public issue method is a prospectus, the
minimum contents of which are prescribed by the Companies Act,
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1956. It also provides both civil and criminal liability for any
misstatement in the prospectus. Additional disclosure requirements are
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also mandated by the SEBI. The contents of the prospectus, interalia, include: (i) Name and registered office of the issuing company ;
(ii) Existing and proposed activities ; (iii) Board of directors ; (iv)
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Location of the industry; (v) Authorized, subscribed and proposed
issue of capital to public; (iv) Dates if opening and closing of
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subscription list; (vii) Name of broker, underwriters, and others, fromwhom application forms along with copies of prospectus can be
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obtained : (viii) Minimum subscription ; (ix) Names of underwriters, if
any, along with a statement that in the opinion of the directors, the
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resources of the underwriters are sufficient to meet the underwriting
obligations ; and (x) A Statement that the company will make an
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application to stock exchange(s) for the permission to deal in or for aquotation of its shares and so on.
Tender / Book Building Method
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The essence of the tender/book building method is that the pricing of
the issues is left to the investors. The issuing company incorporate all
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the details of the issue proposal in the offer document on the lines ofthe public issue method including the reserve / minimum price. The
investors are required to quote the number of securities and the price at
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which they wish to acquire. In India, however, this method is slowly
finding wide acceptance.
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Offer for SaleAnother method by which securities can be issued is by means of an
offer for sale. Under this method, instead of the issuing company itself
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offering its shares directly to the public, it offers through the
intermediary of issue houses / merchant banks / investment banks or
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firms of stockbrokers. The modus operandi of the offer of sale is akinto the public issue method in that the prospectus with strictly
prescribed minimum contents which constitutes the foundation for the
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sale of securities, and a known quantity of shares are distributed to the
applicants in a non-discriminatory manner.
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The sale of securities with an offer for sale method is done in twostages.
In the first stage, the issuing company sells the securities enbloc to the
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issuing houses or stock brokers at an agreed fixed price and the
securities, thus acquired by the sponsoring institutions, are resold, in
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the second stage, by the issuing houses to the ultimate investors. The--- Content provided by FirstRanker.com ---
securities are offered to the public at a price higher than the price atwhich they were acquired from the company. The difference between
the sale and the purchase price, technically called as turn, represents
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the remuneration of the issuing houses.
Placement Method
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Yet another method to float new issues of capital is the placing methoddefined by London Stock Exchange as "sale by an issue house or
broker to their own clients of securities which have been previously
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purchased or subscribed". Under this method, securities are acquired
by the issue houses, as in offer for sale method, but instead of being
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subsequently offered to the public, they are placed with the clients ofthe issue houses, both individual and institutional investors. Each issue
house has a list of large private and institutional investors who are
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always prepared to subscribe to any securities which are issued in this
manner
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Rights IssueThe methods discussed above can be used both by new companies as
well as by established companies. In the case of companies whose
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shares are already listed and widely-held, shares can be offered to the
existing shareholders. This is called rights issue. Under this method,
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the existing shareholders are offered the right to subscribe to newshares in proportion to the number of shares they already hold. This
offer is made by circular to ,,existing shareholders only.
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5.4 INSTRUMENTS
The marketability and liquidity of funds depend on the tradability of
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the instruments of investment. In India, although there is a wide varietyof instruments, the marketability is limited to a few assets only. Thus
the assets tradable in the money and capital markets in which
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individuals do invest may be set out as follows:
a) UTI units, Master shares etc.
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b) Units\shares of mutual funds, if they are quoted on the stock
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markets.c) Debentures of companies and bonds of public sector uinits,
in which there is a limited market.
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d) Equity shares of companies listed on the stock exchange.
e) Government securities, capital investment bonds, rural
investment bonds, shares of P.S. Us etc.
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There are a host of other investments made by individuals and
households, Which are not easily marketable. These are not quoted on
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the stock markets as in the case of those issued by private limitedcompanies. In the case of Government securities, PSU bonds and
debentures of companies, the public interest is less but quoted on the
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stock markets, and they are traded by banks, financial institutions, etc.
The assets not quoted and are not marketable are not securities,
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namely,a) Bank deposits; (b) Company deposits; (c) P.O. deposits,
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NSC, etc; (d) PF and pension funds ; (e) Insurance policies of LIC,
GIC, etc.
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Classes of instrumentsInstruments traded can be classified on the following criteria :
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1. By ownership or debt nature of instruments.
2. By term period to maturity ? short-term, medium-term and
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long-term.3. By the issuers creditworthiness, say, Government securities
or private securities or PO certificates, etc.
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Ownership category instruments are equity, preference shares, deferred
shares, non-cumulative preferred shares, etc. Debt category assets are
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debentures, bonds, deposits with banks and companies, etc.The term period of a security or the maturity period also varies from
security to security and with the time of purchase. Barring the equity
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shares, other securities have some maturity period and redemption.
Thus the debentures may be up to 7 years and preference shares up to
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12 years. Fixed deposits may vary from 1 to 5 years. Almost all the
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debt instruments have a maturity period.The creditworthiness of the issuer of securities will determine the risk
involved in the payment of interest and repayment of principal. If the
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issuer is the Government the risk is the least as the Government does
not default. There is no uncertainty in respect of these instruments.
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5.5DEBENTURESDefinition and Nature
The issue of debentures by public limited companies is regulated by
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Companies Act 1956 and guidelines issued by SEBI on 11.6.1992.
Debenture is a document which either creates a debt or acknowledges
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it and any document which fulfils either of these conditions is adebenture. Debentures are issued through a prospects. A debenture is
issued by a company and is usually in the form of a certificate which is
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an acknowledgement of indebtedness. They are issued under the
companys seal. Debentures are one of series issued to a number of
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lenders. The date of repayment is invariably specified in a debentures.A company can however issue perpetual or irredeemable debentures.
Generally debentures are issued against a charge on the assets of the
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company. Debentures may, however, be issued without any such
charge. Debenture holders have no right to vote in the meetings of the
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company. Section 117 of the Companies Act prohibits issues ofdebentures with voting rights. Debentures can be issued at discount.
Particulars of discount are to be filed with Registrar of Companies.
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Features of Debentures
Debentures may be distinguished according to negotiability, security,
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duration, convertibility and ranking for discharge.Negotiability
1. Better Debentures : They are registered and are payable to
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is bearer.
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They are negotiable instruments and are transferable by
delivery.
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2. Registered Debentures : They are payable to the registeredholder whose name appears both on debenture and in the
register of debenture holders maintained by the company.
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Registered debentures can be transferred but have to
registered again. Registered debenture contains a
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commitment to pay the principal sum, interest, descriptionof the charge and statement that it is issue subject to the
conditions endorsed therein.
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Security
Secured Debentures
Debentures which create a charge on the assets of the company which
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may be fixed or floating are known as secured debentures.Unsecured or Naked Debentures
Debentures which are issued without any charge on assets are
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unsecured or naked debentures. The holders are like unsecured
creditors and may sue the company for recovery of debt.
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DurationRedeemable Debentures
Normally debentures are issued on the condition that they shall be
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redeemed after a certain period. They can, however, be reissued after
redemption under Section 121 of Companies Act, 1956.
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Perpetual DebenturesWhen debentures are irredeemable they are called perpetual.
Convertibility
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Non-convertible Debentures
They are duly paid as and when they mature.
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Convertible DebenturesIf an option is given to convert debentures into equity shares at stated
rate of exchange after a specified period, they are called convertible
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debentures. In our country they convertible debentures are very
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popular. On conversion, the holders cease to be lenders and becomeowners.
Ranking for Discharge
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Debentures are usually issued in a series with a pari passu (at the same
rate) clause which entitles them to be discharged ratably though issued
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at different times. New series of debentures cannot rank pari passuwith old series unless the old series provides so.
Kinds of Debentures
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If there is no pari passu clause, they are payable according to the date
of issue.
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New debt instrument issued by public limited companies areparticipating debentures, convertible debentures with options, third
partly convertible debentures, convertible debentures redeemable at
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premium, debt enquiry swaps, zero coupon convertible notes, secured
premium notes (SPN) with detachable warrants, non-convertible
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debentures (NCDs) with detachable separately trade able warrants andfully convertible debentures (FCDs) with interest (optional). Recent
issues by DFIs are covered separately below.
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Participating Debentures
The are unsecured corporate debt securities with participate in the
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profits of a company. They might find investors if issued by existingdividend paying companies.
Convertible Debentures with Options
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They are a derivative of convertible debentures with as embedded
option, providing flexibility to the issuer as well as investor to exit
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from the term of the issue. The coupon rate is specified are the time ofissue.
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Third Party Convertible Debentures
They are debt with a warrant allowing the investor to subscribe to the
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equity of a third firm at a preferential price vis-?-vis the market price.Interest rate on third party convertible debentures is lower than pure
debt on account of the conversion option.
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Convertible Debentures Redeemable at a Premium
Convertible debentures are issued at face value with a put option
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entitling investors to later sell the bond to the issuer at a premium.They are basically similar to convertible debentures but embody less
risk.
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Debt-equity Swaps
Debt-equity swaps are on offer from an issuer of debt to swap it for
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equity. The instrument is quite risky for the investor because theanticipated capital appreciation may not materialize.
Zero Coupon Convertible Note
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A zero coupon convertible note can be converted into shares. If choice
is exercised investors forego all accrued and unpaid interest. The zero
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coupon convertible notes are quite sensitive to changes in interest rates.Secured Premium Notes (SPN) with Detachable Warrants
SPN, which is issued along with a detachable warrant, is redeemable
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after a notified period, say, 4 to 7 years. The warrants attached to it
ensure the holder the right to apply and get equity shares allotted
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provided SPN is fully paid.There is a lock-in period for SPN during which no interest will be paid
for the investment amount. The SPN holder has an option to sell back
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the SPN to the company at par value after the lock-in period. If the
holder exercises this option, no interest \ premium will be paid on
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redemption. In case, the SPN holder it further, the holder will berepaid the principal amount along with additional amount of
interest\premium on redemption in installments, as decided by the
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company. The conversion of detachable warrant into equity shares will
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have to be done within the time limit notified by the company.
Non-convertible Debentures (NCDs) with Detachable Equity
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WarrantsThe holder of NCDs with detachable equity warrants is given an option
to buy a specific number of shares from the company at a pre-
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determined price within a define time frame.
The warrants attached to NCDs are issued subject to full payment of
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NCDs value. There is a specific lock-in period after which thedetachable warrant holders have to exercise their option to apply for
equities is not exercised, the unapplied portion of shares would be
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disposed off by the company at its liberty.
Zero Interest Fully Convertible Debentures (FCDs)
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The investors in zero interest fully convertible debentures will not bepaid any interest. However, there is notified period after which fully
paid FCDs will be automatically and compulsorily converted into
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shares.
There is a lock-in period up to which no interest will be paid.
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Conversion is allowed only for fully paid FCDs. In the event ofcompany going for rights issue prior to the allotment of equity
resulting from the conversion of equity shares into FCDs, FCD holders
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shall be offered securities as may be determined by the company.
Secured Zero Interest Partly Convertible Debentures (PCDs) with
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Detachable and Separately Trade able WarrantsThis instrument has two parts. Part A is convertible into equity shares
at a fixed amount on the date of allotment and part B non convertible,
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to be redeemed at par at the end of a specific period from the date of
allotment. Part B will carry a detachable and separately trade able
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equity share for every warrant held at a price as worked out by thecompany.
Fully Convertible Debentures (FCDs)with Interest (Optional)
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This instrument will not yield any interest for a short period say 6
months, after this period, option is given to the holders of FCDs to
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apply for equities at ,,premium for which no additional amount needsto be paid. This option needs to be indicated in the application form
itself. However, interest on FCDs is payable at a determined rate from
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the rate of first conversion to second/final conversion and in lieu equity
shares will be issued.
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Floating Rate BondsThe yield on the floating rate bonds is linked to a benchmark interest
rate like the prime rate in USA or LIBOR in Eurocurrency market.
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The State Bank of Indias floating rate bond issue was linked to
maximum interest on term deposits which was 10 percent at that time.
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Floating rate is quoted in terms of a margin above or below thebenchmark rate. The floor rate in SBI case was 12 percent. Interest
rates linked to the benchmark ensure that neither the borrower not the
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lender suffer from the changes in interest rates. When rates are fixed,
they are likely to be inequitable to the borrower in case interest rates
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fall subsequently; and the same bonds are likely to be inequitable to thelender when interest rates rise subsequently.
Warrants
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A warrant is a security issued by a company granting the holder of the
warrant the right to purchase a specified number of shares at a
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specified price any time prior to an expirable date. Warrants may beissues with debentures or equity shares. The specific rights are setout
in the warrant. The main features of a warrant a number of shares
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entitled, expiration date of warrants generally in USA is 5 to 10 years
from original issue date. The exercise price is 10 to 30 percent above
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the prevailing market price. Warrants have a secondary market. The
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minimum value of a warrant represents the exchange value betweencurrent price of the share and the shares to be purchased at the exercise
price. The firm receives additional funds at a price lower than the
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current market, yet above prevailing at issue time. New or growing
firms and venture capitalists issue warrants. They are also issue in
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mergers and acquisitions. Warrants are called sweeteners and havebeen issued since 1993 by a few Indian companies. Debentures issued
with warrants, like convertible debentures carry lower coupon rates.
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5.6Credit Rating of Debt Instruments.
Credit Rating Information Services of India Limited (CRISIL)
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CRISIL was set up by ICICI and UTI in 1988.CRISIL rates debentures, fixed deposits, commercial paper, preference
shares and structured obligations. The rating methodology followed by
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CRISIL involves and analysis of the following factors :
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(i) Business Analysis(a) Industry risk, including analysis of the structure of the
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industry, the Demand -supply position, a study of the
key success factors, the nature and basis of competition,
the impact of government
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policies, cyclicity and seasonality of the industry.
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(b) Market position of the company within the industryincluding market shares, product and customer
diversity, competitive advantages, selling and
distribution arrangements.
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(c) Operating efficiency of the company like locational
advantages, labour relationships, technology,
manufacturing efficiency as compared to
competitors.
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(d) Legal position including the terms of the prospectus,trustees and their responsibilities an systems for timely
payments.
(ii) Financial Anaysis,
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(a) Accounting
quality
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likeany
overstatement
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or
understatement of profits, auditors qualifications in their
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reports, methods of valuation of inventory, depreciation
policy
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(b) Earnings protection in terms of future earning growth for
the company and future profitability.
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(c) Adequacy of cash flows to meet debt servicingrequirements in addition to fixed and working capital needs.
An opinion would be formed on the sustainability of cash
flows in the future and the working capital management of
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the company.(d) Financial flexibility including the companys ability to
source finds from other sources like group companies,
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ability to defer capital expenditure and alternative financingplans in times of stress.
(iii) Management Evaluation
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The quality and ability of the management would be judgedon the basis of the past track record, their goals,
philosophies and strategies their ability to overcome
difficult situations, etc. In addition to ability to repay, an
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assessment would be made of the managementswillingness to pay debt. This would involve an opinion of
integrity of the management.
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(iv) Regulatory and competitive environment and regulatory
framework of the financial system would be examined
keeping in view their likely impact on the company.
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Trends in regulation / deregulation are also examinedkeeping in view their likely impact on the company.
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(v) Fundamental Analysis
a) Capital adequacy, i.e. the true net work as compared to
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the volume of business and risk profile assets.
b) Asset quality including the companys credit risk
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management, systems for monitoring credit, exposure toindividual borrowers and management of problem
credits.
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c) Liquidity management. Capital structure, term
matching of assets and liabilities and policy on liquid
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assets in relation to financial commitments would besome of the areas examined.
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d) Profitability and financial position in terms of past
historical profits, the spread of funds deployed and
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accretion to reserves.
e) Exposure to interest are changes and tax law changes.
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The rating process begins at the request of the company. Aprofessionally Qualified team of analysis visits the companys plants
and meets with different levels of the management including the CEO.
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On completion of the assignment, the team interacts with a back-up
team that has separately collected additional industry information and
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prepares a report. This report is placed before an internal committeeand there is an open discussion to arrive at the rating. The rating is
presented to an external committee which then takes the final decision
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which is communicated to the company. Should the company
volunteer any further information at that point which could affect the
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rating is passed on to the external committee. Therefore, the companyhas the option to request for a review of rating. CRISIL publishes the
CRISIL ratings in SCAN which is a quarterly publication in Hindi and
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Gujarathi besides English.
CRISIL can rate mutual funds, banks and chit funds. Rating of mutual
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funds has assumed importance after the poor performance of mutualfund industry in 1995 to 1996. CRISI. Ventured into mutual fund
rating market in 1997. It may also start rating real estate developers
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and governments. CRISIL is equipped to do equity grading.
CRISIL Rating Symbols
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Debenture
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AAA
Highest Safety
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AA
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High safety
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AAdequate safety
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BBB
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Moderate safetyBB
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Inadequate safety
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B
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High risk
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CSubstantial risk
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D
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Default
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(Debenture rated "D" are in default and in arrears of interest or
principal payment or are expected to default on maturity. Such
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debentures are extremely speculative and returns from these debentures
may be realized only on reorganization or liquidation), Crisil may
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apply plus or minus signs for ratings from AA to D to reflectcomparative standing within the category.
For rating preference shares, the letters pf are prefixed to the
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debentures rating symbols, e.g. pfAAA (Trible A)
Fixed Deposit Program
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FAAA
Highest Safety
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FAA
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High SafetyFA
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Adequate safety
--- Content provided by FirstRanker.com ---
FBInadequate safety
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FC
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High risk
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FD
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Default or likely to be in defaultShort ? term Instruments
--- Content provided by FirstRanker.com ---
P-1
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Very Strong degree of safetyP-2
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Strong degree of safety
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P-3
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Adequate degree of safety
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P-4Inadequate degree of safety
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Structured Obligations
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AAA (SO)
Highest Safety
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AA (SO)
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Higher SafetyA (SO)
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Adequate safety
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BBB (SO)Moderate safety
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BB (SO)
Inadequate safety
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B(SO)
High risk
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C(SO)
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Substantial riskD(SO)
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Default
Investment Information and Credit Rating Agency (ICRA)
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ICRA which was promoted IFCI in 1991 carries out rating of debtinstruments of manufacturing companies, finance companies and
financial institutions.
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The factors that ICRA takes into consideration for rating depend on the
nature of borrowing entity. The inherent protective factors, marketing
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strategies, competitive edge, level of technological development,operational efficiency, competence and effectiveness of management,
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human resource development policies and practices, hedging of risks,
trends in cash flows and potential liquidity, financial flexibility, asset
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quality and past record of servicing of debt as well as governmentpolicies affecting the industry and unit arc examined.
ICRA commences work at the request of the prospective issuer. A
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team of analysts collect data by going through the companys books,
interviewing executives and from the in-house research and data base
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of ICRA. ICRA offers the company on opportunity to get theinstrument rated confidentially and also an option regarding the use of
the rating. If the company decided to use the rating. ICRA monitors it
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until redemption/repayment. In the case of misstatement by the
company ICRA can disclose the correct position.
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ICRA Rating SymbolsLong-term including debentures, bonds and preferences
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shares
--- Content provided by FirstRanker.com ---
LAAAHighest Safety
--- Content provided by FirstRanker.com ---
LAA
High Safety
--- Content provided by FirstRanker.com ---
LA
--- Content provided by FirstRanker.com ---
Adequate Safety
--- Content provided by FirstRanker.com ---
LBBBModerate Safety
--- Content provided by FirstRanker.com ---
LBB
Inadequate safety
--- Content provided by FirstRanker.com ---
LB
--- Content provided by FirstRanker.com ---
Risk prone
--- Content provided by FirstRanker.com ---
LCSubstantial risk
--- Content provided by FirstRanker.com ---
LD
--- Content provided by FirstRanker.com ---
Default
--- Content provided by FirstRanker.com ---
Medium ? term including fixed deposits
--- Content provided by FirstRanker.com ---
MAAAHighest Safety
--- Content provided by FirstRanker.com ---
MAA
High Safety
--- Content provided by FirstRanker.com ---
MA
Adequate safety
--- Content provided by FirstRanker.com ---
MB
--- Content provided by FirstRanker.com ---
Inadequate safety
--- Content provided by FirstRanker.com ---
MC
Risk prone
--- Content provided by FirstRanker.com ---
MD
Default
--- Content provided by FirstRanker.com ---
A-1
--- Content provided by FirstRanker.com ---
Highest SafetyA-2
--- Content provided by FirstRanker.com ---
High Safety
--- Content provided by FirstRanker.com ---
A-3
--- Content provided by FirstRanker.com ---
Adequate safety
--- Content provided by FirstRanker.com ---
A-4Risk prone
--- Content provided by FirstRanker.com ---
A-5
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Default
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Credit Analysis and Research Limited (CARE)Credit Analysis and Research Limited is the third rating agency
promoted by IDBI jointly with investment institution, banks and
--- Content provided by FirstRanker.com ---
finance companies in 1993. They include Canara Bank, Unit Trust of
India, Credit Capital Venture Fund (India) Limited, (since taken over
--- Content provided by FirstRanker.com ---
by Infrastructure Leasing and Financial Services Ltd.). SundaramFinance Limited, The Federal Bank Limited the Vysya Bank Limited,
First Leasing Company of India Limited, ITC Classic Finace, Kolak
--- Content provided by FirstRanker.com ---
Mahindra Finance among others. CARE commenced its rating
operations in October, 1993.
--- Content provided by FirstRanker.com ---
Credit rating by CARE covers all types of debt instruments such asdebentures, fixed deposits, commercial paper and structured
obligations. It also undertakes credit analysis of companies for the use
--- Content provided by FirstRanker.com ---
of bankers, other lenders and business enterprises.
CARE's Rating Symbols
--- Content provided by FirstRanker.com ---
For long-term and medium-term instruments.CARE AAA
--- Content provided by FirstRanker.com ---
Best quality investments.
--- Content provided by FirstRanker.com ---
CARE AAADebt service payments protected by
stable
--- Content provided by FirstRanker.com ---
(FD)/(CD)/(SO)
Cash flows with good margin
--- Content provided by FirstRanker.com ---
CARE AA
--- Content provided by FirstRanker.com ---
High quality but rated lower because
of
--- Content provided by FirstRanker.com ---
CARE AA
--- Content provided by FirstRanker.com ---
Somewhat lower margin of protection
--- Content provided by FirstRanker.com ---
(FD)/(CD)/(SO)--- Content provided by FirstRanker.com ---
CARE A
--- Content provided by FirstRanker.com ---
Upper medium grade. Safetyadequate
CARE AA
--- Content provided by FirstRanker.com ---
(FD)/(CD)/(SO)
--- Content provided by FirstRanker.com ---
CARE BBB
Sufficient safety. But adverse changes
--- Content provided by FirstRanker.com ---
in
CARE BBB
--- Content provided by FirstRanker.com ---
assumptions likely to weaken the debt
--- Content provided by FirstRanker.com ---
(FD)/(CD)/(SO)Servicing capabilities
--- Content provided by FirstRanker.com ---
CARE BB
--- Content provided by FirstRanker.com ---
Speculative instruments. InadequateCARE BB
--- Content provided by FirstRanker.com ---
protection for interest and principal
--- Content provided by FirstRanker.com ---
FD)/(CD)/(SO)
payments.
--- Content provided by FirstRanker.com ---
CARE C
--- Content provided by FirstRanker.com ---
Highest investment risk.
--- Content provided by FirstRanker.com ---
CARE C
--- Content provided by FirstRanker.com ---
FD)/(CD)/(SO)
--- Content provided by FirstRanker.com ---
CARE D
--- Content provided by FirstRanker.com ---
Lowest category. Likely to be in
--- Content provided by FirstRanker.com ---
default soon.CARE D
FD)/(CD)/(SO)
--- Content provided by FirstRanker.com ---
In order of increasing risk, the ratings for short-term instruments are
PR-1,PR-2, PR-3 and PR-5 and CARE -1, CARE -2, CARE -3, CARE
--- Content provided by FirstRanker.com ---
? 4, and CARE ? 5 for credit analysis of companies.Duff and Phelps Credit Rating Agency of India Ltd., (DCR)
DCR (India) set up in 1996 is one of the credit rating agencies for
--- Content provided by FirstRanker.com ---
rating the non-banking financial companies (for fixed deposits). The
minimum investment grade credit rating to be assigned by this
--- Content provided by FirstRanker.com ---
company which will be acceptable to the RBI has been fixed at Ind-BBB.
Since the criteria used by DCR (India) for rating fixed deposits of
--- Content provided by FirstRanker.com ---
NBFCs are not available, the factors specific to financial companies
may be noted.
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5.7 EQUITY SAHRESNature
Equity shares represent proportionate ownership of a company. This
--- Content provided by FirstRanker.com ---
right is expressed in the form of participating in the profits of a going
company and sharing the assets of a company after winding-up. Equity
--- Content provided by FirstRanker.com ---
shares have lowest priority claim on earnings and assets of allsecurities issued. But they have limited potential for dividend
payments and price appreciation. In contrast, owners of debentures
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and preferred shares enjoy an assured return in the form of interest and
dividend. In view of this risk, investors are unwilling to invest in
--- Content provided by FirstRanker.com ---
equity shares unless they offer a rate of return sufficiently high toinduce investors to assume the possible loss.
When investors buy equity shares either through subscription to a
--- Content provided by FirstRanker.com ---
public issue or through stock exchange from an existing owner, they
obtain a share certificate as proof of their part as owners of the firm. A
--- Content provided by FirstRanker.com ---
share Certificate states the number of shares registered in the name of
--- Content provided by FirstRanker.com ---
the share owner the their paid-up value apart from certificate numberand folio number. In the case of shares purchased through stock
exchange the new owners name is entered on the rear of the certificate.
--- Content provided by FirstRanker.com ---
Voting Rights
Traditionally, voting right was like universal suffer age (one adult
--- Content provided by FirstRanker.com ---
person one vote), ownership of one share conferred one vote. Votingrights of a person in a company were equal to shares owned. The
concept of shares with differential rights as to dividends, voting or
--- Content provided by FirstRanker.com ---
otherwise was introduced by the Companies (Amendment) Act 2000.
Section 86 of the Act was amended to make a provision to issue
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differential shares by Indian companies. These shares are expected tobenefit the investors as well as corporates.
Shares with differential rights :
--- Content provided by FirstRanker.com ---
`Shares with differential rights means a shares issued with differential
rights in accordance with section 86 [section 2 (46 A)] of the
--- Content provided by FirstRanker.com ---
Companies Act, 1956.As per section 86, equity shares with differential rights as to dividend,
voting or otherwise can be issued. As per Companies (Issue of Share
--- Content provided by FirstRanker.com ---
Capital with differential Rules, 2001, such shares can be issued subject
to following conditions.
--- Content provided by FirstRanker.com ---
Share CapitalIt may be noted that the would capital in share capital is used to mean
nominal, authorized or issued or paid-up capital.
--- Content provided by FirstRanker.com ---
Nominal or Authorized Capital is the amount of capital with which
the company is to be registered and it must be stated in the
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memorandum. The authorized or nominal capital sets the limit ofcapital available for issue and the issued capital can never exceed limit.
Issued and Subscribed Capital: Issued capital is the nominal value of
--- Content provided by FirstRanker.com ---
shares offered for public subscription. In case all shares offered for
--- Content provided by FirstRanker.com ---
public subscription are not taken up, the portion subscribed, is
subscribed capital which is less than issued capital.
--- Content provided by FirstRanker.com ---
Par value is the face value of share. It does not tell anything about thevalue of shares.
Conversion of Shares into stock
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Stock is the aggregate of fully paid shares, legally consolidated.
Portions of stock may be transferred or split up into fractions of any
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amount without regard to the original nominal amount of the shares. Itcannot be issued directly but comes into being only after the shares are
issue and paid up in full.
--- Content provided by FirstRanker.com ---
Denomination
A public limited company is free to make right or public issue of
--- Content provided by FirstRanker.com ---
equity shares in any denomination determined by it. It has however tocomply with SEBI regulations that
Shares should not be of decimal of rupee,
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at any point of time there shall be only one denomination,Memorandum and Articles of Association should be conformed
Comply with disclosure and accounting norms specified by
SEBI
--- Content provided by FirstRanker.com ---
Cash Dividends
A stable cash dividend payment was believed to be the basis for the
--- Content provided by FirstRanker.com ---
increase in companys share prices. Growth oriented firm retains asmuch capital as possible for internal financing. Capital appreciation
rather than dividends is what an investor has to look for in their case.
--- Content provided by FirstRanker.com ---
Old established firms tend to pay out large proportion of their earnings
as dividend.
--- Content provided by FirstRanker.com ---
Bonus Shares (or stock dividends) : Bonus shares are dividends paidin shares instead of cash. Bonus shares are issued by capitalizing
reserves. While net worth remains the same in the balance sheet its
--- Content provided by FirstRanker.com ---
distribution between shares and surplus is altered. The New York
--- Content provided by FirstRanker.com ---
Stock Exchange, however, classifies distribution of shares under 25percent per share (1 bonus for 4 shares held) as stock dividend and
distribution over 25 percent as stock splits.
--- Content provided by FirstRanker.com ---
Transfer of Shares
A transfer of shares is complete as soon as the name of the transferee is
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substituted in place of transferor in the register of members. Theprocedure for transfer of share of debenture has been laid down in
Sections 108, 110 and 111 of the Companies Act.
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There are two kinds of transfer : (a) a transfer under a proper
instrument of transfer duly stamped and executed by the transferor and
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transferee; and (b) transmission by operation of law. Shares maychange hands either inter vivos or by operation law. The first in
called transfer and the second transmission. Transfer means a
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transaction by operation of law. Transmission occurs on death of
bankruptcy of owner.
--- Content provided by FirstRanker.com ---
Another form of transfer of shares is blank transfer. It must be made inprescribed form and delivered to the company for registration within
the prescribed time.
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PREFERENCE SHARES
Nature
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Preference shares carry preferential rights in comparison with ordinaryshares. As a rule, preference shareholders enjoy a preferential right to
dividend. As regards capital, it carries on the winding up of a
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company a preferential right to be repaid the amount of capital paid-up
on such shares.
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Cumulative and Non-cumulativePreference shares are of two types, cumulative and non-cumulative. In
the case of cumulative preference share, if there is no profit in any
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year, the arrears of dividend are carried forward and paid in the
following years out of profit before any dividend is paid on ordinary
--- Content provided by FirstRanker.com ---
shares. No such carry forward provision exists for non-cumulative
--- Content provided by FirstRanker.com ---
preference shares.Participating
If the articles association provide that a preference share holder will
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also have the right to participate in surplus profits or surplus assets on
the liquidation of a company or in both, such preference share holders
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would be called participating preference shareholders.Redeemable Preference Shares
Redeemable preference shares are paid back to the shareholder out of
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the profits or out of the proceeds of new issue of shares. The
maximum period of a redemption is 20 years with effect from 1.3.1997
--- Content provided by FirstRanker.com ---
under the Companies Amendment Act, 1996. The shares have to stateclearly that they are redeemable. It should be noted that redeemable
preference shares are not shares in the strict sense of the term. Since
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they are repayable, they are similar to debentures. Only fully paid
shares are redeemed. Where redemption is made out of profits, a
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Capital Redemption Reserve Account is opened to which a sum equalto the nominal amount of the shares redeemed is transferred. It is
treated as paid-up share capital of the company.
--- Content provided by FirstRanker.com ---
Two innovative types of preference shares were introduced into the
--- Content provided by FirstRanker.com ---
market in 1992-93. There are fully convertible cumulative preferenceshares (Equipref) and preference shares with warrants attached.
Fully Convertible Cumulative Preference Share (Equipref)
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Equipref has two parts: A and B, is convertible into equity shares
automatically and compulsorily on the date of allotment without any
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further act or application by the allottee and part B will be redeemed atpar \ converted into equity shares after a lock in period at the option of
the investors.
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Conversion into equity shares after the lock in period will take place at
a price which would be 30 percent lower than the average market price.
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The average market price shall be the average of the monthly high and
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low price of the shares in a stock exchange for a period of six monthsto the date of conversion including the month in which the conversion
would take place.
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The dividend on fully convertible cumulative preference shares shall
be fixed and shall be given only for the portion that represents part B
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shares. Upon conversion of each part of the equipref shares, the facevalue of it will stand reduced proportionately and the equipref shares
shall be deemed to have been redeemed to extent of each part on their
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respective dates of conversion.
Preference Shares with Warrants Attached
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Under this instrument, each preference share would carry certainnumber of warrants entitling the holder to apply for equity shares for
cash at ,,premium at any time in one or more stages between the third
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and fifth year from the date of allotment. If the warrant holder fails to
exercise his option, the unsubscribed portion will lapse. The holders of
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warrants would be entitled to all rights of bonus shares that may beissued by the company. From the date of allotment, the preference
shares with warrants attached would not be sold for a period of three
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years.
5.8 Public Issues of Securities
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Objective and Scope of SEBI GuidelinesThe capital issues (Control) Act, 1947 which controlled the issue of
capital was repealed on May 29, 1992. As a consequence, the issue of
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capital and pricing of issues by companies has become free of prior
approval. However, with a view to ensure proper disclosure and
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investor protection, the Securities and Exchange Board of India (SEBI)has issued certain guidelines for the observance by the companies
making issue of capital.
--- Content provided by FirstRanker.com ---
The guidelines broadly cover the requirements as to first issue by new
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companies and existing private/closely held companies and also further
issues of capital by other companies by way of shares, debentures and
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bonds. The guidelines will apply to all issues of capital.GENERAL
Period of Subscription
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Public Issues
(a) Subscription list for public issues shall be kept open for at
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least 3 working days and not more than 10 working days.(b) The public issue made by an infrastructure company,
satisfying the requirements in Clause 2.4.1 (iii) of Chapter
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II may be kept open for a maximum period of 21workingdays.
(c) The period of operation of sub subscription list of public
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issue shall be disclosed in the prospectus.Rights Issues
Right Issues shall be kept open for at lease 30 days and not more 60
--- Content provided by FirstRanker.com ---
days.Terms of the issue
Minimum number of share applications and applications money public
issue:
--- Content provided by FirstRanker.com ---
(i)
In case of public issue at par, the minimum number of
shares for which an application is to be made, shall be
--- Content provided by FirstRanker.com ---
fixed at 200 shares of face value of Rs. 10/- each(ii)
Where the public issue is at a premium or comprises
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security, whether convertible or non-convertible, or thepublic issue is of more than one security, the minimum
applications moneys payable in respect of each security
by each applicant, shall not be less than Rs.2000/-
irrespective of the size of premium subject to
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applications being for a multiple of trade able lots;(iii)
the successful applicants shall be issued by the issuer
--- Content provided by FirstRanker.com ---
company share certificates\ instruments for eligiblenumber of shares in trade able lost.
Provided that the maximum trade able lot in any case
shall not exceed 100 shares.
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Offer price per share
--- Content provided by FirstRanker.com ---
Minimum Trade able lot
--- Content provided by FirstRanker.com ---
Upto Rs. 100
--- Content provided by FirstRanker.com ---
100 Shares
--- Content provided by FirstRanker.com ---
Rs. 101 ? Rs. 400
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
50 Shares--- Content provided by FirstRanker.com ---
More than Rs. 400
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10 Shares--- Content provided by FirstRanker.com ---
(v)The minimum application money to be paid by an
applicant long with the application money shall not be
less than 25 % of the issue price.
--- Content provided by FirstRanker.com ---
(vi)
The minimum number of instruments for which an
applications has to be made shall be not less than the
--- Content provided by FirstRanker.com ---
trade able lot.(vii) In case of an offer for sale, the entire amount payable on
each instrument shall be brought in at the time of
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application.Retention of Over-subscription
The quantum of issue whether through a rights or a public issue, shall
--- Content provided by FirstRanker.com ---
not exceed the amount specified in the prospectus \ letter of offer.
Compliance Officer to be Appointed by Lead Merchant Banker
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The merchant bankers shall appoint a senior officer as ComplianceOfficer to ensure that all Rules, Regulations, Guidelines, Notifications
etc. issued by SEBI the Government of India, and other regulatory
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organizations are complied with.
The Compliance Officer shall co ordinate with regulatory authorities in
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various matters and provide necessary guidance as also ensurecompliance internally.
The compliance Officer shall also ensure that observations made\
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deficiencies pointed out by SEBI do not recur.
SEBI Guidelines for Public Issues
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I. Eligibility norms for Issue of SecuritiesIssue of Securities through offer document
Public issue of securities can be mad only after filing a draft
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prospectus with SEBI through a merchant banker 21 days prior
to filing it with Registrar of Companies. Changes, if any
specified by SEBI should be incorporated before filing
prospectus with ROC.
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Rights issues by listed company for Rs. 50 lakhs including
premium cannot be made unless the letter of offer is field with
SEBI through a merchant banker at least 21 days prior to the
--- Content provided by FirstRanker.com ---
filing of offer with regional stock exchange.Listing
Application for listing is obligatory before making public issue.
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Dematerialization
--- Content provided by FirstRanker.com ---
Before public or rights issue or an offer of sale of securities, thecompany should arrange for dematerialization of securities already
issued or proposed to be issued. Investors should be given the option
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to receive the share certificates or hold them in dematerialized form.
Public Issue of Securities by Unlisted Company
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1. It has to have a pre issue work net worth of Rs. 1 crore inthree out of preceding five years, with a minimum net worth
to be met in preceding two years ; and
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2. it has a track record of distributable profits for the least
three out of immediately preceding five years.
--- Content provided by FirstRanker.com ---
Issue size should not exceed 5 times, its pre issue net worth and 60 %of issue is allotted to qualified institutional buyers (QIBs). An
unlisted company which does not meet minimum net wroth and track
--- Content provided by FirstRanker.com ---
record should use book building method for public issue of securities.
Offer for Sale
--- Content provided by FirstRanker.com ---
Public Issue by Listed CompaniesIssue size should not exceed 5 times its pre issue net worth. Book
building process has to be adopted if issue size exceed 5 times its net
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worth. In the book building process 60 % of issue should be allotted to
QIBs. The provision does not apply to banks, infrastructure companies
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and rights issue by listed companies.Credit Rating for Debt Instrument
1. Public issue to debt instruments irrespective of maturity
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period cannot be made unless credit rating is obtained and
stated in offer document.
2. Where credit rating is obtained from more than one agency
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all the credit ratings, including unaccepted ones have to be
disclosed.
3. For public and rights issues of debt instruments of more
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than Rs.100 crores two ratings from two agencies have to
be obtained.
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4. Earlier ratings obtained in preceding 3 years for any listed
security shall be disclosed in the offer document.
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Outstanding Warrants
In the case of an unlisted company, if there are outstanding warrants or
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financial instruments it cannot make a public issue of equity shares orconvertible debt.
Partly Paid-up Shares
--- Content provided by FirstRanker.com ---
Partly paid up shares should be fully paid before public or rights issues.
II. Pricing by Companies Issuing Securities
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Companies eligible to make public issue can freely price their equityshares or security convertible at a later date into an equity share.
Listed Companies
--- Content provided by FirstRanker.com ---
A listed company can freely price its equity shares and convertible
debenture offered through public issue.
--- Content provided by FirstRanker.com ---
Unlisted CompaniesAn unlisted company desirous of listing may freely price its equity
shares and convertible debentures.
--- Content provided by FirstRanker.com ---
Infrastructure Company
Eligible infrastructure company can freely price its equity shares
--- Content provided by FirstRanker.com ---
subject to compliance with disclosure norms.IPO by Bank
Banks may freely price their equity shares and convertible debentures
--- Content provided by FirstRanker.com ---
subject to approval by RBI.
Differential Pricing
--- Content provided by FirstRanker.com ---
An unlisted company or listed company may issue securities at ahigher price in the firm allotment category.
Price Band
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A price band of 20 % in the offer document filed with SEBI and the
actual price mentioned in the offer document with ROC are permitted.
--- Content provided by FirstRanker.com ---
--- Content provided by FirstRanker.com ---
III. Promoter's Contribution and Lock-in Requirements
In Unlisted Companies
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In a public issue by an unlisted company the promoter has to contribute20 % of the post issue capital.
In Case of Offer for Sale
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The promoters contribution should not be less than 20 %
In case on Listed Companies
--- Content provided by FirstRanker.com ---
Either 20 % of proposed issue or 20 % of the post issue capital.In Composite Issues of Listed Company
At the option of promoter either 20 % of the proposed issue or 20 % of
--- Content provided by FirstRanker.com ---
post issue capital is promoters contribution.
Rights issue component of the composite issue is excluded while
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calculating the post issue capital.In Case of Convertible Security
At his option, the promoter may subscribe to equity convertible
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security so that the total contribution shall not be less than 20 %.
Promoter's Participation in Excess over Minimum is Preferential
--- Content provided by FirstRanker.com ---
AllotmentIn the case of a listed company, participation of promoter in excess of
the required minimum percentage, the pricing provision of guide lines
--- Content provided by FirstRanker.com ---
on preferential allotments applies. Promoters contribution to be
brought in before public issue opens.
--- Content provided by FirstRanker.com ---
The full amount of the contribution including premium should bebrought in at lease one day prior to opening date.
The Companys board has to pass a resolution allotting shares or
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convertible debentures to promoters. The resolution along with a
certificate from Chartered Accountant that the promoters contribution
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has been brought in has to be filed with SEBI.--- Content provided by FirstRanker.com ---
Exemption from Requirement of Promoter's Contribution
--- Content provided by FirstRanker.com ---
(i)
In case of a listed company (3 years) with a track record
of dividend payment in 3 immediate preceding years.
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(ii)
in case of companies where no identifiable promoter or
promoter group exits ; and
--- Content provided by FirstRanker.com ---
(iii)
in case of rights issue.
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Lock-in Requirements
Minimum in Public Issues
--- Content provided by FirstRanker.com ---
The minimum promoters contribution is locked in for 3 years.
Lock-in of Excess
--- Content provided by FirstRanker.com ---
In case of public issue by unlisted company as well as listed company,the excess would be locked in for one year. Pre issues share capital of
an unlisted company shall be locked in for a year. This does not apply
--- Content provided by FirstRanker.com ---
to pre issue share capital held by venture capital funds and foreign
capital investors registered with SEBI and held for a period of at least
--- Content provided by FirstRanker.com ---
one year at the time of filing offer document with SEBI and beingoffered to public for sale.
Firm Allotment Basis
--- Content provided by FirstRanker.com ---
Securities issued on firm allotment basis are locked in for one year
form the date of commencement of commercial production or date of
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allotment.Locked in securities should carry an inscription that they are
nontransferable along with duration.
--- Content provided by FirstRanker.com ---
IV. Pre- issue Obligations
Obligations of Lead Merchant Banker
--- Content provided by FirstRanker.com ---
(i)Due diligence
The lead merchant banker should satisfy himself about all the aspects
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of offering, veracity, adequacy of disclosure in the offer documents.
His liability would continue even after the issue process. Along with
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the draft offer document he should pay the requisite fee to SEBI.--- Content provided by FirstRanker.com ---
(ii) Documents to be Submitted Along with Offer Document
Memorandum of understanding entered into by lead merchant banker
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and the issuer company specifying their mutual rights, liabilities and
obligations relating to the issue should be submitted to SEBI along
--- Content provided by FirstRanker.com ---
with offer document.(iii) Interse Allocation Responsibilities
If the issue is managed by more than one merchant banker the rights
--- Content provided by FirstRanker.com ---
and responsibilities of each merchant banker is demarcated.
(iv) Under subscription
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The lead merchant banker responsible for underwriting arrangementsshould invoke underwriting obligations and ensure that the
underwriters pay the amount of development and the same shall be
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incorporated in the interese allocation of responsibilities accompanying
the due diligence submitted by lead merchant banker to SEBI.
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(v) Others(a) Certify that all amendments, suggestions or observations of
SEBI have been incorporated in the offer document.
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(b) Furnish a fresh due diligence certificate at the time of filing
prospectus with Registrar of Companies,
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(c) Furnish a fresh certificate that no corrective action isneeded on its part,
(d) Furnish a fresh certificate after the issue has opened but
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before it closes for subscription,
(e) Furnish certificate signed by Company Secretary or
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Chartered Accountant in case of listed companies makingfurther issue of capital along with offer documents.
The lead merchant banker has to submit the following certificates duly
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signed by Company Secretary or Chartered Accountant along withdraft offer documents.
Undertaking
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That transactions in securities by promoters between filing of
document with ROC\SE and closure of issue will be reported within 24
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hours.--- Content provided by FirstRanker.com ---
List of Promoter Group
The issue has to submit to SEBI the list of promoter group and their
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holdings.Appointment of Merchant Bankers
A merchant banker who is associated with issuer company as promoter
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or director should not lead manage the issue, except in the case of
securities of the issuer company are proposes to be listed on OTCEI
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and market makers are to be appointed.Co-managers
The number of co-managers to an issue should not exceed the lead
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managers to the issue and there is only one advisor to the issue.
Bankers to Issue
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Lead manager has to ensure that Banker to issue are appointed of allmandatory collection centers.
Registrars to Issue
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They should be registered with SEBI. The lead merchant banker should
not act as Registrar to an issue in which he is also handling post issue
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responsibilities.Registrars to issue should be appointed in all public issues and rights
issue. If the issuer company is registered Registrar to an issue, the
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issuer should appoint an independent Registrar to process the issue.
Underwriting
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Lead merchant banker should satisfy himself about the ability of theunderwriters to discharge their underwriting obligations.
Lead merchant banker should state in the offer document that the
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underwriters assets are adequate to meet under writing obligation; and
obtain under writers written consent.
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Lead merchant banker has to undertake a minimum under writingobligation of 5 % of total under writing commitment or Rs. 25 lacks
whichever is less.
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The outstanding under writers commitments of a merchant banker at
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any time shall not exceed 20 times its net worth. The offer document
of an under written issue should contain relevant details of
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underwriters.Offer Document to be Made Public
Offer documents should be made public within 21 days from date of
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filing it with SEBI. Lead merchant banker has to ensure that offer
documents are filed with stock. Exchange where the securities are
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proposed to be listed. The offer document has also to be filed withSEBI. Co-lead manager has to obtain and furnish to SEBI and in
principled approval of stock exchange for listing the securities within
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15 days.
Despatch of Issue Material
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The lead merchant banker has to ensure for public issues offerdocuments and other issue materials are dispatched to various stock
exchange, brokers, underwriters, bankers to the issue, investors
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associating in advance as agreed upon.
In case of rights issues, the lead merchant banker has to ensure that the
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letters of offer are dispatched one week before opening of the issue.No-Complaints Certificate
After 21 days from the date of draft document was made public the
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lead merchant banker has to file with SEBI a list of complaints
received by it, amend the draft offer document and highlight those
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amendments.Mandatory Collection Centers
The minimum number of collection centers for issue of capital are the
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four metropolitan centers at Mumbai, Delhi, Calcutta and Chennai and
all such centres where the stock exchange are located.
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Authorized Collection Agents
Issuer company can appoint collection agents in consultation with lead
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merchant bankers whose names and addresses should be disclosed in
offer document. Lead merchant banker has to ensure that collection
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agents are properly equipped for the purpose in terms of infrastructureand money order. They collect applications accompanied by payment
by cheque, draft and stock invoice collection against which will be
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forwarded to Registrars to the Issue.
Advertisement for Rights Post Issue
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The lead merchant banker shall ensure that in the case of a rights issuean advertisement giving the date of completion of dispatch of letters of
offer is published at least 7 days before the date of opening of the
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issue.
Appointment of a Compliance Officer
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The issuer company should appoint a Compliance Officer who directlyliaises with SEBI with regard to compliance with various laws, rules,
regulations and other directives issued by SEBI. SEBI should be
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informed of the name of the compliance Officer.
5.9 Underwriting
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Security issues are underwritten to ensure that in case of undersubscription they are taken up by the underwriters. No person can act
as an underwriter without obtaining a certificate of registration from
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SEBI, although merchant bankers and stock brokers registered with
SEBI do not need separate registration. There are 56 underwriters
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registered with SEBI in addition to merchant bankers and stockbrokersregistered with SEBI at the end of March, 2001.
Major under writers are all India financial institutions, commercial
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banks, merchant bankers and members of stock exchanges. The Lead
Manager in consultation with the company arranges underwriting. In
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the selection of an under writer, financial strength is a major
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consideration.Under writing agreement is a contract between an underwriter who is
usually a merchant banker or financial institution such as UTI, and
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other mutual funds, LIC, or ICICI and the company issuing capital.
Under the agreement, the under writers agree to subscribe or procure
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subscription to a portion of the capital to be issued in case the issue isnot fully subscribed. This type of assistance, and in respect of rights
issue, stand-by assistance. The maximum liability of the underwriters
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is restricted to the amount under written by him.
SEBI Guidelines
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SEBI has made underwriting optional since October, 1994 of issues topublic subject to the condition that if an issue was not under written
and was not able to collect 90 percent of the amount offered to the
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public, the entire amount collected would be refunded to the investors.
In October 1993, regulations for underwriters of capital issues were
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announced. Among others, one of the important regulations was thatthe under writers should register themselves with SEBI. An
underwriter to get registered, should have a minimum net worth of
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Rs.20 Lakhs.
Total under writing obligations at a point of time should not exceed 20
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times an under writers net worth. The under writers can arrange forsub underwriting at his risk.
Contingent Underwriting
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Sometimes underwriting commission is payable only on the amount
devolving in which case it is called contingent underwriting.
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Particulars of under writing arrangement should be mentioned in theprospectus.
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Underwriting Commission Rates
The underwriting commission rates are presented in Table:1. They are
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maximum ceiling rates and are negotiable. No underwritingcommission is payable on amounts taken up be promoters, employees,
directors and their friends and business associates.
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Rates of Underwriting Commission
(In
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Percentage)On amount
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On amount devolving
subscribed by
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on underwriterpublic
1. Shares
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2.5
2.5
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2. Preference, convertible and--- Content provided by FirstRanker.com ---
nonconvertible debentures.
(a) For amounts up to Rs. 5 Lakhs
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2.51.5
(b) For amounts in excess of Rs. 5
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2.0
1.0
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LakhsTable- I
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Underwriting commission is to be paid within 15 days of finalization
of allotment . However, it is payable only when the entire portion has
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been subscribed.Trends in underwriting
A sum of Rs. 5775 crores constituting 95 percent of the total public
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issue of Rs. 6061 crores was underwritten (main and contingency) in
1992-93 (88 percent in 1991-92, 60 percent in 1990-91 and 19 percent
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in 1989-90). The main underwriting amounted to Rs. 5361 crores ofwhich financial institutions (20) contributed 28 percent banks (56) 35
percent, merchant banks (50) 11 percent and broker (1296) 26 percent.
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Third ? four percent of total underwriting done by financial institutions
was for fully convertible debentures. Private merchant bankers and
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brokers were mainly involved with equity issues.--- Content provided by FirstRanker.com ---
In addition to main underwriting, continent underwriting amounted toRs.416 crores in 1992-93. Of this, 59 percent was underwritten by
banks, 6 percent by financial institutions, 28 percent by private
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merchant bankers and 7 percent by brokers.
In 1993-94, 98 percent of the issues were underwritten. Since
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underwriting was made optional in October, 1994, the decline inunderwriting in 1994-95 was not significant. If fell marginally to 81
percent. However, the decline was significant in 1995-96 with only 31
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percent of the issues being underwritten. The amount underwritten as a
percent of total declined to 68 percent each in 1993-94 and 1994-95. A
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large number of good issues do not require underwriting facility.During 2000-01 105 issues (68.7 %) were underwritten. The
remaining 19 issues (31.3 %) were not underwritten. While financial
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institutions and banks accounted for a major portion of underwriting
earlier, private merchant bankers accounted for two-thirds of total
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underwriting 1995-96.5.10 PUBLIC ISSUE THROUGH PROSPECTUS
The most common method of public issue is through prospectus. In
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1995-96 of new capital issues (of equity, debentures and preference
shares) of Rs.16371.2 crorers, Rs. 10,528.7 crores (or 64.3 percent)
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was made through prospectus account for a higher proportion of 71.4percent. In the case of debentures, rights issue accounts for a major
portion (58.0 percent). In 2001-02 of new capital issues of Rs.5,692.2
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crores 87.7% was made through prospectus. In the case of equity
issues prospectus accounted for 99.7 % whereas convertible debentures
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rights accounted for 86.4 %.Initial Public Offers (IPOs)
Scope of Study
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A study of 625 IPOs listed on the BSE, in the calendar year 1996 was
made by Business Line. The IPOs included, par as well as premium
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offers. The study compared the offer price with the price on listing and
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compared them again with the last traded price (Chosen for the study).Premium Officers
Of the 92 premium offers listed on the BSE in 1996 only 20 (21.7
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percent) provided returns in excess of 20 percent on listing. The
average returns were 8 percent on listing, 2 percent at the end of
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respective listing month and (-) 14 percent on the last traded day(10.1.1997).
Par Offers
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Par Offers constituted 85.28 percent of the sample. Par Offers on
listing offered a return of 35 percent. But on the last traded day for the
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purpose of the study (10.1.1997) 80 percent were quoted below theoffer price. Taking all the companies together, par as well as premium,
530 issues (84 percent) offered returns on an annualized basis of less
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than 20 percent at their latest prices and 95 (16 percent) in excess of
that level.
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Issue of ProspectusSections 55 to 68 A of the Companies Act deal with issue of
prospectus. The prospectus sets out the prospectus of the company and
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the purpose for which capital is required. Section 2 (36) defines a
prospectus as any document described or issued as prospectus and
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includes any notice, circular, advertisement or other document invitingdeposits from the public or inviting offers from the public for the
subscription of purchase of any shares in or debentures of a body
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corporate. A document is not a prospectus unless it is an invitation to
the public to subscribe for shares in or debentures of a company.
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Transparency and Requirements in ProspectusConsequent to the recommendations of the committee under the
chairmanship of Shri. Y.H. Malegam in September, 1995, guidelines
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were issued among others to cover enhanced transparently in the draft
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prospectus filed with SEBI and to requirements in prospectus
submitted to SEBI for vetting.
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The lead merchant banker shall simultaneously file copies of the draftdocument with the stock exchanges where the issue is proposed to be
listed.
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Dating of Prospectus (Sec. 55)
A prospectus has to be dated in relation to the intended company and
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that date is the date of publication. It has to be signed by the directorsor their authorized agents.
Registration of Prospectus (Sec. 60)
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Before issue of prospectus it has to be registered with the registrar of
Companies by delivering a copy. The registration must be done before
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publication. The copy of registration must be accompanied by,(1) consent of the experts to issue,
(2) copy of the contract fixing compensation of a managing
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director or manager,
(3) a copy of every material contract except those entered into
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the ordinary course of business,(4) written statement relating to any adjustment in regard to
profit and loss or assets and liabilities and
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(5) consents of auditor, legal advisor, attorney, solicitor,
bankers, broker of the company to act in the capacity.
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After registration of prospectus it must be issued within 90days.
A prospectus need not be issued where the shares and debentures are
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offered for private placement and where shares and debentures are
offered to existing members or debenture holders.
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Contents of Prospectus
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Prospectus should disclose all material and essential factors about the
company to the intending purchasers of shares. A prospectus should
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specify:(1) Main objects of the company and particulars about
signatories to the memorandum and number of shares
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owned by them(2) Number and classes of shares.
(3) Number of redeemable preference shares.
(4) Qualification shares of a director and their remuneration.
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(5) Particulars about directors and managing directors.(6) Minimum subscription for Shares.
(7) The time and opening of subscription list.
(8) The amount payable on application and allotment on each
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share.(9) Particulars of any option to subscription for shares.
(10) Shares issued for consideration other than cash.
(11) Premium on shares issued within two years preceding
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the date of prospectus.
(12) Name of underwriter.
(13) Particulars of vendors of property purchased or
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proposed to be purchased by the company.
(14) Underwriting commission.
(15) Preliminary expenses and issue expenses and to whom
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payable.
(16) Any benefit given to promoters within the last two
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years or proposed to be given and the consideration forgiving the benefit.
(17) Particulars of contract other than those entered into in
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the ordinary course of business.(18) Particulars of auditors.
(19) Nature of interest of every director or promoter.
(20) Voting and dividend rights.
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(21) Length of time of business.(22) Capitalization of profits and surplus from revaluation of
assets.
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(23) Specification of time and place for inspection of balancesheet and profit and loss account.
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5.11 Venture Capital
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Nature and ScopeMerchant hankers can assist venture proposals of technocrats, with
high technology which are new and high risk, to seek assistance from
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venture capital funds or companies. Venture capital is an important
source of funds for technology based industries which contribute
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significantly to growth process. Public issues are not available forsuch green filed ventures.
Venture capital refers to organized private or institutional financing
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that can provide substantial amounts of capital mostly through equity
purchases and occasionally through debt offerings to help growth
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oriented firms to develop and succeed. The term venture capitaldenotes institutional investors that provide equity financing to young
business and play an active role advising their managements.
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Venture Capital in India
Venture capital funds (VCFs) are part of the primary market. There
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are 35 venture capital funds registered with SEBI apart form oneforeign venture capital firm registered with SEBI. Data available for
14 firms indicate that total funds available with them at the end of 1996
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was Rs. 1402 crores, which Rs.672.85 crores had been invested in 622
projects in 1996. Venture capital which was originally restricted to
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risk capital has become now ,,private equity. Venture capital representfunds invested in new enterprises which are risky but promise high
returns. VCFs finance equity of units which propose to use new
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technology and are promoted by technical and professional
entrepreneurs. They also provide technical, financial and managerial
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services and help the company to set up a track record. Once thecompany meets the listing requirements of the OTCEI or stock
exchange, VCF can disinvest its shares.
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Characteristics of Venture Capital
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The three primary characteristics of venture capital funds which makethem eminently suitable as a source of risk finance are:
(1) that it is equity or quasi equity investment;
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(2) it is long-term investment; and
(3) it is an active from of investment. First, venture capital is
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equity or quasi equity because the investor assumes risk.There is no security for his investment. Venture capital
institutionalize the process of risk taking which promotes
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successful domestic technology development.
Secondly, venture capital is long-term investment involving both
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money and time. Finally, venture capital investment involvesparticipation in the management of the company. Venture capitalist
participates in the Board and guides the firm on strategic and policy
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matters. The features of venture capital generally are, financing new
and rapidly growing companies; purchase of equity shares; assist in
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transformation of innovative technology based ideas into products andservices; add value to the company by active participation; assume
risks in the expectation of large rewards; and posses a long-term
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perspective. These features of venture capital render it eminently
suitable as a source of risk capital for domestically developed
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technologies.5.12 STOCK MARKETS IN INDIA
Stock exchange are the most perfect type of market for securities
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whether of government and semi-government bodies or other public
bodies as also for shares and debentures issued by the joint-stock
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companies. In the stock market, purchases and sales of shares areeffected in conditions of free competition. Government securities are
traded outside the trading ring in the form of over-the-counter sales or
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purchases. The bargains that are struck in the trading ring by the
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members of the stock exchanges are at the fairest prices determined by
the basic laws of supply and demand.
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History of Stock ExchangesThe only stock exchange operating in the 19th century were those of
Mumbai set up in 1875 and Ahamedabad set up in 1894. These were
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organized as voluntary non-profit-making associations of brokers to
regulate and protect their interests. Before the control on securities
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trading became a central subject under the Constitution in 1950, it wasa state subject and the Mumbai Securities Contracts (control) Act of
1925 used to regulate trading in securities. Under this Act, the
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Mumbai Stock Exchange was recognized in 1927 and Ahamedabad in
1937. During the was boom, a number of stock exchanges were
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organized even in Mumbai, Ahamedabad and other centres, but theywere not recognized. Soon after it became a Central subject, Central
legislation was proposed and a Committee headed by A.D. Gorwala
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went into the Bill of securities regulation. On the basis of the
committees recommendations and public discussion, the Securities
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Contras (Regulation) Act became law in 1956.Stock Exchange
"Stock Exchange means any body or individuals whether incorporated
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or not, constituted for the purpose of assisting, regulating or controlling
the business of buying, selling or dealing in securities". It is an
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association of member brokers for the purpose of self-regulation andprotecting the interests of its members.
It can operate only if it is recognized by the Government under the
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Securities Contracts (Regulation)Act, 1956. The recognition is granted
under Section 3 of the Act by the Central Government, Ministry of
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Finance, Stock Exchange Division.--- Content provided by FirstRanker.com ---
The Powers of the Central Government under the Act are far-reachingand include the following in particular :
(1) Grant and withdrawal of recognition, approval or change of
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byelaws.
(2) Call for periodical returns from the Stock Exchange.
(3) Direct enquiries on the members or on the Stock Exchange.
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(4) Liability of the Exchange to submit annual reports.(5) Directing the Stock Exchange to make certain rules.
(6) Supersede the Governing Board of the Exchange.
(7) Suspend the Governing Board of the Exchange.
(8) Impose any other conditions or regulations for trading.
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Byelaws
Besides the above Act, the Securities Contracts (Regulations) Rules
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were also made in 1957 to regulate certain matters of trading on theStock Exchanges. There are also byelaws of the Exchange, which are
concerned with the following subjects.
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Opening\Closing of the stock exchange, timing of trading, regulation
of blank transfers, regulation of badla or carryover business, control of
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the settlement and other activities of the Stock Exchange, fixation ofmargins, fixation of market prices or making up prices (Havala rates),
regulation of taravani business (jobbing),etc., regulation of brokers
--- Content provided by FirstRanker.com ---
trading, brokerage, trading rules on the Exchange, arbitration and
settlement of disputes, settlement and clearing of the trading etc.
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Regulation of Stock ExchangesThe Securities Contracts (Regulation) Act is the basis for operations of
the stock exchanges in India. No exchange can operate legally without
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the government permission or recognition. Stock exchanges are given
monopoly in certain areas under Section 19 of the above Act to ensure
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that the control and regulation are facilitated. Recognition can begranted to a stock exchange provided certain conditions are satisfied
and the necessary information is supplied to the government
--- Content provided by FirstRanker.com ---
Recognition can also be withdrawn, if necessary. Where there are no
stock exchanges, the government can license some of the brokers
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(licensed dealers) to perform the functions of a stock exchange in its
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absence.Recognition by Government
As referred to earlier, a Stock Exchange is recognized only after the
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government is satisfied that its Rules and Byelaws conform to the
conditions prescribed for ensuring fair dealings and protection to
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investors. Government has also to be satisfied that it would be ininterest of the trade and public interest to grant such recognition.
Mumbai, Calcutta, Delhi, Chennai, Ahamedabad, Hyderabad,
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Bangalore, Indore etc. have so far been granted permanent recognition.
Others are granted temporary recognition from time to time.
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The rules of a recognized stock exchange relating in general to theconstitution of the Exchange, the powers of management of its
governing body and its constitutions (including the appointment
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thereon of not more than three government nominees), the admission
of members, the qualifications for membership, the expulsion,
--- Content provided by FirstRanker.com ---
suspension and readmission of members, the registration ofpartnerships and the appointment of authorized representatives and
clerks must be duly approved by Government. These rules can be
--- Content provided by FirstRanker.com ---
amended, varied or rescinded only with the previous approval of
government. Likewise, the byelaws of the recognized exchanges
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providing in detail for the regulation and control of contracts insecurities and for every aspect of the trading activities of members
must also be sanctioned by government and any amendments or
--- Content provided by FirstRanker.com ---
modifications must be similarly approved. Governments authority
extends much further to make or amend suo motto any rules or
--- Content provided by FirstRanker.com ---
byelaws of a recognized stock exchange, if so considers desirable inthe interest of trade and in public interest.
The Act empowered the government with even more drastic powers ?
--- Content provided by FirstRanker.com ---
the power to make enquiries into the affairs of a recognized stock
--- Content provided by FirstRanker.com ---
exchange stock exchange and its members, to supersede the governing
body and take over the property of a recognized exchange, to suspend
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its business, and lastly, to withdraw the recognition granted to anexchange should such steps be deemed indispensable in the interest of
trade and in public interest. Government has thus complete control
--- Content provided by FirstRanker.com ---
over the recognized stock exchanges.
Licensed Dealers
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The recognized stock exchanges are the media through whichgovernment regulation of the stock market is made effective. Where
there are no stock exchanges, the Securities Contracts (Regulations)
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Act, 1956 empowers government to license dealers of dealing in
securities. These licensed dealers are now operating for OTCEI and
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NSE.Securities Contracts (Regulation) Rules, 1957
Under the Act, government has promulgated the Securities Contracts
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(Regulation) Rules, 1957 for carrying into effect the object of the
legislation. These rules provide, among other things, for the procedure
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to be followed for recognition of stock exchanges: submission ofperiodical returns and annual reports by recognized stock exchanges;
inquiry into the affairs of recognized stock exchanges and their
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members; and requirements for listing of securities. The rules are
statutory and they constitute a code of standardized regulations
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uniformly applicable to all the recognized stock exchange.Present Recognized Stock Exchanges
At present, there are 21 stock exchanges recognized under the
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Securities Contracts (Regulation) Act, 1956. They are located at
Mumbai, Calcutta, Chennai, Delhi, Ahamedabad, Hyderabad, Indore,
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Bhuwaneshwar, Manglore, Patna, Banglore, Rajkot, Guwahati, Jaipur,Kanpur, Ludhiana, Baroda, Cochin and Pune. The recently recognized
stock exchanges are at Coimbatore and Merrut. A stock exchange has
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also been set up at Gangtok, Sikkim early in 1986. No recognition has
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been sought for this body as the jurisdiction of the Securities Contracts
(Regulation) Act, 1956 has not so far been extended to the areas
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covered by the State. In 1996, the Stock Exchange at Visakhapatnamwas given recognition for electronic trading. A decade ago, there were
hardly 8 stock exchange in the county.
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The stock exchange operate under the rules, byelaws and regulations
duly approved by government and constitute an organized market for
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securities. They offer the most perfect type of market for variousreasons. There is an active bidding and in the case of shares and
debentures a two-way auction trading, so that purchases and sales are
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made in conditions of free and perfect competition. The bargains that
are struck by members of the exchange are the fairest price determined
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by the basic laws of supply and demand. In consequence, though gilt-edged securities represent ownership of public debt and shares and
debentures of joint-stock companies represent interest in industrial
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property ? mills and factories, machinery and equipment ? they
become the most liquid of assets and capable of being easily
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negotiated.Qualifications for Membership
The members of recognized stock exchange should have the following
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qualifications:
- Age 21, Indian Citizen, not bankrupt.
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- Not compounded with the creditors.- Not convicted for fraud or dishonesty.
- Not engaged in any other business except as agent or
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broker.
- Educational Qualifications should be 10 + 2.
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- Not connected with a company or corporation.- Not a defaulter of any other stock exchange.
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Companies and financial institutions are not members as per the earlier
rules. But the government has permitted change in the byelaws of the
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exchange to permit corporate and institutional members and also grant
permission for a member of any stock exchange during 1993-1994.
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Members are prohibited from entering into contracts with persons otherthan members or from dealing with clients as principles. Spot delivery
transactions are exempt from the provisions of the Act. Contracts can
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be passed only by the members in the notified areas where the stock
exchange exists. The sub-brokers can also pass valid contract notes or
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confirmation Notes, if they are registered with SEBI.Organization
The recognized stock exchange at Mumbai, Ahamedabad, Indore are
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voluntary non-profit-making associations, while the Calcutta, Delhi,
Bangalore, Cochin, Kanpur, Ludhiana, Guwahati and Kanara Stock
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Exchange are joint-stock companies limited by shares and the Mumbai,Hyderabad and Pune stock exchanges are companies limited by
guarantee. Since the Rules or Articles of Association defining the
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constitution of the recognized stock exchange are approved by the
Central Government, there is a broad uniformity in their organization.
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In fact, the Chennai Stock Exchange was reconstituted and the CalcuttaStock Exchange had to undergo a major reorganization as a condition
precedent to their recognition by the Government of India.
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Governing Body
The governing body of a recognized stock exchange has wide
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governmental and administrative powers and is the decision-makingbody. It has the power, subject to governmental approval, to make,
amend and suspend the operation of the rules, byelaws and regulations
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of the exchanges. It also has complete jurisdiction over all members
and in practice, its power of management and control are almost
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absolute.--- Content provided by FirstRanker.com ---
Under the constitution, the governing body has the power to admit andexpel members, to warn, censure, fine and suspend members and their
partners, attorneys, remisiers, authrorised clerks and employees, to
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approve the formation and dissolution of partnerships and appointment
of attorneys, remisiers and authorized clerks, to enforce attendance and
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information, adjudicate disputes and impose penalties, to determine themode and conditions of stock exchange business and regulate stock
exchange trading in all its aspects and generally to supervise, direct and
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control all matters and activities affecting the stock exchange. The
organization of Mumbai Stock Exchange is typical. The members on
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roll elect 16 members to the Directors on the Governing Board, who inturn elect a President, Vice-President and Treasurer. The Executive
Director is appointed by the government on the recommendation of the
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Governing Board to the Chief Administrator of the Exchange. There
are also three representatives from the Government, three from the
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public and one from the RBI on the Board to represent their interests.As per the SEBI guidelines, the Exchange have agreed to have 50 %
representation to non-members on the Governing Board.
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Functions of Stock Exchange
Stock Exchanges provide liquidity to the listed companies. By giving
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quotations to the listed companies, they help trading and raise fundsfrom the market. Savings of investors flow into public loans and to
joint-stock enterprises because of this ready marketability and
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unequalled facility for transfer of ownership of stocks, shares and
securities provided by the recognized stock exchanges. As a result,
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over the hundred and twenty years during which the stock exchangehave existed in this country and through their medium, the Central and
State Government have raised crores of rupees by floating public loans;
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Municipal Corporations, Improvement Trusts, Local Bodies and State
Finance Corporations have obtained from the public their financial
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requirements, and industry, trade and commerce ? the backbone of the
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countrys economy ? have secured capital of crores of rupees throughthe issue of stocks, shares and debentures for financing their day-to-
day activities, organizing new ventures and completing projects of
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expansion, diversification and modernization. By obtaining the listing
and trading facilities, public investment is increased and companies
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were able to raise more funds. The quoted companies with wide publicinterest have enjoyed some benefits and asset valuation has become
easier for tax and other purposes.
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In tune with the growth in the new issues during the eighties, the
secondary market also expanded fast during the period. The number of
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stock exchanges has increased from 8 in 1980 to a total 24 in 1996including Visakhapatnam Stock Exchange recognized in1996. The
membership of the stock exchange has also increased substantially to
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around, 6,000 by end 1995 from about 1,200 decade ago. The listed
companies of all stock exchanges stood at above 8000 in 1995 of
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which 6500 are listed on B.S. Exchange. The market capitalization hasalso shown a substantial increase in the eighties. The volume of daily
turnover of trade has also increased more than ten-fold over the decade.
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The number of dealings per day put through was as high as 1.53 lakhs
(Dec. 1996)
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Listed Paid-up CapitalThe paid-up share capital of listed companies 1946 was Rs.270 crores
while in 1996, the figure was more than Rs.1,05,284 crores. The
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market value of the capital of these listed companies stood at around
Rs.5.5 lakhs crores I 1995 which has gone down in to around Rs.3.5
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Lakhs crores due to sharp fall in prices during 1995 but rose to 4.77lakh crores in Dec. 1996.
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Mumbai : The Premier Exchange
The Mumbai Stock Exchange is the premier stock exchange in India.
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It was the first to be recognized on a permanent basis in 1957. Thecapital listed in Mumbai accounted for about 40 % of the overall
capital listed on all the stock exchanges whereas its share of the market
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capitalization amounted to around 90 % . In terms of the total number
of companies and total number of stock issues listed also, Mumbai
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ranked first.The Mumbai Stock Exchange regularly publishes statistics on market
turnover of securities though similar figures for the other exchanges are
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not available in many cases. It is, however, roughly estimated that the
turnover of Mumbai Stock Exchange is about 60 % - 70 % of the
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overall turnover of all the stock exchanges in the country, but withNSE leading in the trade turn over on a daily basis, the share of BSE
come down to less than 50 %.
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The number of companies quoted on the stock exchanges was more
than 8,000 of which those listed in Bombay are 6,500. The number of
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deals put through in the five hour session on the Mumbai StockExchange, namely 10 a.m. to 3.00 p.m. is around 1,50,000. The daily
turnover varies from Rs. 300 crores to Rs. 700 crores.
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5.13 TRADING IN THE STOCK MARKET
Pattern of Trading
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Trading in the stock market takes place under three sections:(i) Group (A) -
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Specified shares.
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(ii) Group (B) -Non-specified shares (now split into B1
and
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B2
on@ the BSE)
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(iii) Group (C) -
Odd lots and permitted securities.
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Under Group (A), only those actively traded (64 on the BSE) are
included. There criteria for listing in specified group has been dealt
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with in an earlier chapter. The rest of the listed securities are placed in
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Group (B). There are 6,500 scrips in total and 3,500 companiesregularly quoted on the BSE in 1996 of which 90 % are equities. Out
of these equity shares, only about 3,000 companies are quoted on a
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daily basis. The trading in the rest is nil or negligible. Under Group
(C), only odd lots (tradable lots being 5, 50 or 100, depending upon the
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face value) are traded to provide liquidity to them once in a fortnight oronce on Saturdays. The permitted securities are those that arte not
listed on the Exchange, but are permitted to be traded on this
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Exchange, also called foreign securities as they are listed on other
stock exchange in India.
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The instruments of trading are equity shares, preference shares,debentures, CCIs PSU bonds and government securities.
TRADING AND SETTLEMENT
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Speculative Traders vs. Genuine Investors
The investors in the stock market can be classified as genuine investors
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and speculative investors. The former take delivery of shares and givedelivery with no intention to deal in carry-forward business. The latter,
however, do not give or take delivery, of shares but only deal in
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differences in purchase and sale prices. Even if they take delivery,
their intention is to make gain on differences between purchase and
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sale prices. Long-term gains are the motive of the genuine investors.Any genuine investor can have short-term gains of a few months when
he buys and sells along with delivery. The essential difference
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between these two classes lies in the intention to take and give delivery
of shares or to just carry forward and to gain in differences.
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Types of SpeculatorsOn the stock markets, there are various classes of brokers, depending
on their actions and specialization. Essentially, a broker is an
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intermediary between buyers and sellers of securities. His clients may
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be individuals, institutions like companies, trusts, charities, etc., banks
and financial institutions (including mutual funds). Some of these
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clients may be speculators also doing business to carry forward anddealing in differences in prices. Secondly, there are jobbers of
Taravaniwalls who are wholesalers doing both buying and selling in
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selected scrips. They give both bid and offer prices for the scrips they
trade in. They are like market - makers in foreign markets. Thirdly,
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there are badliwallas financing the carry-forward transactions andlending securities when necessary. Such carry-forward or badli
transactions are facilitated by blank transfer of T.D.s. with shares.
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These blank transfers are transfers without any insertion on them, the
names of the transferees and without any need for payment of stamp
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duty, etc.On the stock exchange, there are two main categories of speculators,
namely, bulls and bears. Bulls are Tejiwallas who buy shares in
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expectation of selling at higher prices. Bears are known as
Mandiwallas who sell securities in expectation of a fall in prices and
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buying at a later date. Stags are those members who neither buy norsell but apply for subscription to new issues expecting to sell them at a
higher price later when these issues are quoted on the stock exchange.
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Thus, the activities of brokers can be set out as follows :
In the Primary Market: To act as dealer, broker, jobber, etc. in the
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trading ring, badla financier for carry forward business ? arbitrageurbuying and selling as between the different markets, as in Mumbai and
Delhi ? dealer in government securities, bonds, etc. adviser, consultant
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and portfolio manager, etc.
Allied Services : Investor services like home delivery of shares,
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arranging for transfer of shares, safe custody of shares, etc. dealing ininter-corporate investment to act as broker for fixed deposits of
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companies, to operate in the money market, PSU bonds, UTI units,
Mutual Fund Schemes, etc.
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Broker's Charges
Except to the charitable trusts, the broker charges brokerage to all
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clients, after effecting the purchase or sale and at the time of passingthe contract note. The brokerage, which may range from 0.5 to 2.5 %
is included in the price charged but not separately shown.
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Delivery \ Payment
The broker takes the cheque for purchase first and delivers the shares
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later in a purchase deal. He pays by cheque later but takes delivery ofshares first for a sale transaction. This is explained by the settlement
procedure of the stock exchange, which has fixed the pay-in day and
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delivery dates first. All the members have to pay money or deliver
shares first to the clearing house. On a later day fixed for payout, the
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clearing house pays by cheque and delivers the shares to the members.These transactions of members with the clearing house can be effected
only when their clients in turn first pay in and send the cheques or
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deliver shares and later get the cheques from them or shares delivered
later on the pay-out day.
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Settlement ProcedureThe settlement procedure of the stock exchange is to be understood to
comprehend why such delays take place. The Settlement Committee
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of the Exchange fixes the schedules, for each settlement, there will be 5
to 15 trading days (Saturdays, Sundays and holidays excluded) after
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which three days would be set apart for effecting squaring up and carryforward (Badla). There will be one or two days for correcting errors
and omissions and secure a final settlement of each members position
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vis-?-vis others in respect of all scrips. Taking both sales and
purchases scrip-wise, the net position is arrived and payment to be
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made or received is determined accordingly. Then a pay-in-day is--- Content provided by FirstRanker.com ---
fixed for delivering cheques or shares to the clearing house by thosewho are due to give. There will be the first pay-in-day and after a
couple of days, a final pay-in-day to help clear up all payments due.
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Then finally pay-out day is fixed with a gap of a day or two for the
clearing house to make all payments out or delivery for shares to
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members.Auctions
Auctions are arranged for scrips which could not be delivered even on
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the final day. The auction are tenders for sale of the desired scrips in
the quantities purchased but not delivered so that delivery can be
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effected to the buyers. Auction in group A is automatic when the sellerfails to deliver on the appointed day and at the request of the buyer in
the case of group B. Auctions are arranged by the stock exchange by
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inviting bids from members to buy the shares on behalf of the member
who could not deliver the shares.
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Cleaning ProcedureDaily after trading is completed, members submit to the exchange their
saudas (memos of purchases and sales scrip-wise). On the next day, if
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there are any objections or corrections, they are submitted in the form
of wandha memos (objections). This process goes on daily for all the 5
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to 10 trading days. These memos are fed to the computer and the dailynet position is arrived at. If the stock exchange authorities impose any
margins, they are collected from members and deposited in the clearing
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house. At the end of the settlement, the overall net position of a
member is arrived at after taking into account the dealings, squared up
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and those to be carried forward. On the three days, set apart for badlasettlement, members squaring up position and carry forward position
is known. Any objections or error are recorded and corrections carried
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out. Then the first corrected position of members is arrived at. At this
stage, the carry over margins, if imposed, are collected. This forms the
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basis for asking the members to pay in or deliver the shares on the
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pay-in day. The entire process involves time varying from 30 to 60days, mainly due to the large trading volume and secondly, due to the
large component of speculative trading and carry forward transactions
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on the BSE.
5.14 Foreign Direct Investment
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Policy towards foreign investment was liberalist in 1991 to permitautomatic approval of a foreign investment up to 51 percent equity in
34 industries. Thirteen more sectors were added in 1996-1997
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allowing equity participation up to 50 percent in three new areas and
enhancement of equity limit to 74 percent for automatic approval in 9
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priority sectors. The Foreign Investment promotion Board (FIPB) wasset up to process applications in cases not covered by automatic
approval. The FIPB was reconstituted on July 22, 1996 and the
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Foreign Investment Promotion Council was set up to promote foreign
direct investment (FDI) in India. During 1992-93 several additional
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measures were taken to encourage investment flows: direct foreigninvestment, portfolio investment, NRI investment and deposits and
investment in global depository receipts. Details of the measures are:
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1. The dividend balancing condition earlier applicable to
foreign investment up to 51 percent equity is no longer
applier except for consumer goods industries.
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2. Existing companies with foreign equity can raise it to 51
percent subject to certain prescribed guidelines. Foreign
direct investment has also been allowed in exploration,
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production and refining of oil.3. NRIs and overseas corporate bodies (OCBs) predominantly
owned by them are also permitted to invest up to 100
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percent equity in high-priority industries with reparabilityof capital and income. NRI investment up to 100 percent of
equity is also allowed in export houses, trading houses, star
trading houses, hospitals, EOUs, sick industries, hotels and
tourism-related industries and without the right of
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reparation in the previously excluded areas of real estate,housing and infrastructure. Foreign citizens of Indian
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origin are now permitted to acquire house property without
the permission of the Reserve Bank of India. For setting up
power plants 100 percent foreign equity is allowed.
Repatriation of profits is allowed.
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4. Disinvestment of equity by foreign investors no longer
needs to be at prices determined by the Reserve Bank. It
has been allowed at market rates on stock exchanges from
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September 15, 1992 with permission to repatriate theproceeds of such disinvestment.
5. India has signed the Multilateral Investment Guarantee
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Agency Protocol for the protection of foreign investmentson April 13, 1992.
6. Provisions of the Foreign Exchange Regulation Act (FERA)
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have been liberalized through an Ordinance dated January9, 1993 as a result of which companies with more than 40
percent of foreign equity are also now treated on par with
fully Indian-owned companies.
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7. Foreign companies have been allowed to use their trademarks on domestic sales from may 14, 1992.
8. The Finance Ministry has decided to allow (June 21, 1993)
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100 percent ownership in investment banking if the foreign
partner brings in US $ 100 million or more as capital.
Companies which bring in US $ 50 million will be allowed
a 51 percent stake and those which invest less than $ 50
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million will be allowed a stake of less than 40 percent in thejoint venture.
SEBI (Flls) Regulations, 1995
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The regulations stipulate that foreign institutional investors have to beregistered with SEBI and obtain a certificate from SEBI. For the
purpose of grant of the certificate SEBI takes into account,
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(a) the applicants record, professional competence, financial
soundness, experience, genera reputation of fairness and
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integrity:(b) whether the applicant is regulated by appropriate foreign
regulatory authority;
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(c) whether the applicant has been granted permission by RBI
under Foreign Exchange Regulation Act for making
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investments in India as a foreign institutional investor; and(d) where the applicant is,
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(i) an institution established or incorporated outside India s a
pension fund,
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mutual fund or investment trust; or
(ii)
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an asset management company or nominee company or bankor institutional portfolio manager, established or incorporated
outside India and proposing to make investments in India on
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behalf of broad based funds; or
(iii)
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a trustee or power of attorney holder established orincorporated outside India and proposing to make investments
in India on behalf of broad based funds.
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The certificate is granted in Form ,,B subject to payment of
prescribed fees which is valid for 5 years and can be renewed
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thereafter.Provisions is also made for registration of sub-accounts on
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whose behalf FII proposes to make the investment in India.
The purchases of shares of each company should not be more than ten
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percent of the total issued capital of the company.The investment by foreign institutional investor is also subject to GOI
Guidelines.
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The general obligations and responsibilities of FIIs include
appointment of a domestic custodian, appointment of designated bank,
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maintenance of proper books of accounts, records and theirpreservation for five years and information to the Board or Reserve
Bank of India.
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Defaults are punished by suspension and cancellation of certificate
after show cause notice and enquiry.
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5.15 Significance and Role of Foreign InvestmentTraditionally, developing countries relied on foreign direct investment
to supplement domestic saving and bring in new technology, skills and
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introduction of new products. In our country it had been more or less
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static at about Rs.110 crores till 1987 when the government took major
steps towards attracting foreign capital as a better alternative to
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borrowing with a promise of fast track clearance. The impact was feltin 1988 when foreign investment rose to Rs. 239 crores and in 1989 to
Rs. 316 crores. Foreign investment declined in 1990 by 59 percent
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from the high of 1989 on account of political uncertainty. Our foreign
investment and restrictive trade policy, has resulted in a very low level
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of foreign direct investment in comparison with that of South Asiancountries.
The liberalization of the Indian economy and emphasis on market
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forces involves the raising of large proportion of resources required for
investment in public and private sectors from the capital market. As
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the demand for funds in the capital market increases, the flow of savingwill go up only if the efficiency of the two components of the capital
market, the primary, (new issues) and secondary (stock exchanges),
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improves. They should become more transparent and range of risk
return combination widened and liquidity enhanced.
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It has also to be recognized that transfer of technology, export
promotion and access to foreign exchange can be achieved only by a
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greater reliance on market mechanism. Trade and foreign investment
are the two instrument that integrate domestic economy with
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international markets. With greater reliance on market mechanism,barriers to trade and foreign direct investment can be lowered.
Total global foreign direct investment in 1996 is estimated at $ 349
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billion of which developing countries received about $ 129 billion.
Most of the foreign direct investments were in developed countries
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themselves. Investment by enterprises based in Hong Kong accountedfor much of the total of $ 42 billion in China; and the total stock of
foreign direct investment at end 1995 was $ 110 billion. The shares of
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four major industrial countries were, USA $ 712 billion, UK $ 312
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billion, Japan $ 298 billion and Germany $ 428 billion.
To presents the foreign investment in flows during the period 1991-92
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and 2001-2002. The spurt in foreign investment registered first in1993-94 at $ 4.2 billion continued in 1994-95 to $ 4.9 billion and to $
5.5 billion in 1996-97. During April-December 1996 it amounted to $
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4 billion. Internal factors such as favorable growth prospects, positive
market return differential on investment as compared to industrial
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countries and stability of exchange rate buoyed up the inflows. Themajor external factor aiding inflows into India was the under valuation
of Indian Stocks and now the Mauritius factor which is a tax haven
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from which to invest.
The foreign investment inflows have been meeting more than half of
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the financing needs of Indias external account. After a sharp set backin the aftermath of South East Asian crisis in 1998-99, foreign
investment inflows, made a smart recovery in 1999-2000. and the
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position, was broadly maintained in 2000-01. Total foreign
investment, comprising direct and portfolio, which averaged about US
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$ 5.39 billion during the four years ended 1997-95, fell sharply to US $2.10 billion in 1998-99, as a full out of the Asian Crisis. In 1999-2000,
they recovered to US $ 5.18 billion and the recovery was maintained in
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2000-01, with the total inflow of US $ 5.10 billion.
The source and direction of FDI remained, by and large, unchanged
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during the 1990s. Companies registered in Mauritius and the US werethe principal source of FDI into India during 2000-01, followed by
Japan and Germany. The bulk of FDI was enhanced into computer
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hardware and software, engineering industries, services, electronics
and electrical equipment; chemical and allied products and food and
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dairy products.--- Content provided by FirstRanker.com ---
5.16 Report of the Working Group on Non-Resident IndianInvestment
A Working Group headed by Shri O.P. Sodhani, Executive Director,
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Reserve Bank of India, was set up in October, 1994 to look into the
various schemes/incentives available to NRIs for investment in India as
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well as the procedures prescribed for the purpose and to makerecommendations to Government for modification/amendment to the
existing scheme, policies and procedures. The Group submitted its
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report in August, 1995. The major recommendations of the Group are
as follows.
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The 40 percent scheme on repatriation basis recommended forabolition as acquisition of a 40 percent stake by NRIs in a new issue is
clearly impermissible in terms of SEBIs guidelines. In order not to
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dilute the market access opportunities for NRIs, the areas/sectors
available to NRIs under this scheme be merged with the 100 percent
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repatriation scheme thereby enlarging rather than diminishinginvestment opportunities. The repatriable direct investment scheme
may also cover sale of the exiting shares to NRIs/OCBs on repatriation
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basis subject to the valuation of the shares as per the valuation
guidelines.
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In respect of NRI and OCB investment in housing and real estate, freereparability of principal and profit was recommended along with
dismantling the 3-year lock-in period plus the 16 % ceiling on
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remittance of profits.
The encourage NRI investments under the sick units scheme, current
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restrictions which stipulate a lock in period of five years plus eligibilitycriteria that the shares of the company should have been quoted below
par for two years was recommended for removal.
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The Group recommended abolition of the 100 percent non repatriation
scheme. It was also recommended that funds generated from the NRI
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(NRO) deposits as also accruals from past non-repatriable investment
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are to be deployed in the same manner as funds of other residentsunder the general permission granted for NRI investment in various
sectors.
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In respect of portfolio investment, the Group recommended parity
between NRIs/OCBs and FIIs. The individual NRI/OCB ceiling may
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be increased to 5 percent. Further, NRIs/OCBs may be allowed toacquire a maximum stake of 24 percent of the paid up capital of the
company without requiring a general body resolution. The Group also
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recommended fiscal parity between NRIs/OCBs and FIIs in respect of
capital gains tax.
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The Group recommended that all sectoral restrains on NRI/OCB directinvestment may be removed. This implies opening up of the
agricultural / plantation sector to direct investment from NRIs subject
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to State laws.
The banks have full freedom to mobilize deposits under the Non-
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Resident (Non-Repatriable) Rupee Deposits Scheme and fix interestrates as well as utilize the funds for their lending operations without
observing priority sector lending norms. In view of this, banks have
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been paying higher rate of interest on these deposits. The interest
earned on the deposits, which is tax free, is also now repatriable from
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the quarter ended December, 1994 and onwards. Continuing thisscheme would involve sizeable outflow of foreign exchange by way of
higher interest burden. The Group, therefore, recommended
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discontinuance of this Scheme.
5.17 FISCAL POLICY
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There is persistent high unemployment and excess capacity. Centralto the so-called Keynesian Revolution in economic policy making was
the idea that government fiscal policy could be used in a counter-
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cyclical manner to stabilize the economy.
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We refer to deliberate changes in tax rates or government expenditure
that are targeted on stabilizing the economy as discretionary fiscal
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policy.Since government expenditure increases aggregate demand and
taxation decreases it, the direction of the required changes in spending
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and taxation is generally easy to determine once we know the direction
of the desired change in GDP. However, the timing, magnitude, and
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mixture of the changes pose more difficult issues.Fiscal policy can be an important tool for stabilizing the economy. In
the heyday of fiscal policy, from about 1945 to about 1970, many
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economists were convinced that the economy could be stabilized
adequately just by varying the size of the governments taxes and
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expenditures. That day is past. Today most economists are aware ofmany limitations of fiscal policy.
LIMITATIONS OF DISCRETIONARY FISCAL POLICY
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According to the discussion of the previous few pages, returning the
economy to fill employment would simply be a matter of cutting taxes
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and raising government spending, in some combination. Why do manyeconomists believe that such policies would be a likely to harm as
help? Part of the answer is that the execution on discretionary fiscal
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policy is anything but simple.
The role of discretionary fiscal policy
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All of the above-mentioned difficulties suggest that attempts to usediscretionary fiscal policy to fine ? tune the economy are fraught with
difficulties. Fine-tuning refers to the use of fiscal and monetary policy
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to offset virtually all fluctuations in private-sector spending and so hold
GDP at, or very near, its potential level at all times. However, neither
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economic nor political science has yet advanced far enough to allowpolicy ? makers to undo the consequences of every aggregate demand
shock. On the other hand, may economists would still argue that when
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a recessionary gap is large enough and persist for long enough, gross-
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tuning may be appropriate. Gross-tuning refers to the occasional use
of fiscal and monetary policy to remove large and persistent GDP gaps.
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Advocates of gross-tuning hold that fiscal policy can and should beused to help the economy return to full employment when a GDP gap
is large and has persisted for a long time. Other economists believe
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that fiscal policy should not be used for economic stabilization under
any circumstances. Rather, they would argue, tax and spending
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behavior should be the outcome of public choices regarding the long-term size and financing of the public sector and should not be altered
for short-term considerations.
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5.18 THE FINANCE COMMISSION
Under the provisions of Article 280 of the Constitution, the President is
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required to appoint a Finance Commission for the specific purpose ofdevolution of non-Plan revenue resources. The functions of the
Commissions are to make recommendations to the President in respect
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of
(i)
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the distribution of net proceeds of taxes to be sharedbetween the Union and the States and the allocation of
share of such proceeds amount the States.
(ii)
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the principals which should govern the payment by the
Union of grants-in-aid to the revenues of the States, and
(iii)
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any other matter concerning financial relations between
the Union and the States.
The appointment of the Finance Commission is of great importance,
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for it enables the financial relation between the Centre the units to be
altered in accordance with changes in need and circumstances. The
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elasticity in relationship introduced by this provision has greatadvantage.
Ten Finance Commissions have so far been appointed by the
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Government since the inauguration of the Constitution in 1951. The
recommendations of the Finance Commissions can be grouped under
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three heads-Division and Distribution of income tax and other taxes,
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Grants-in-aid and centers loans to States.For the first time, the Eighth Finance Commission presided over by
Y.B. Chavan, introduced a new formula for distribution of the income
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tax proceeds among the States:
(a) 10 percent would continue to be distributed among the
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States on the basis of collection of income tax:(b) 90 percent of the proceeds of the income tax would be
distributed among the States on the following Criteria;
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25 percent on the basis of population;25 percent on the basis of inverse of the per capita income
of the state multiplied by population; and 50 percent on the
basis of the distance of the per capita income of a state
from the highest per capita income state (i.e. Punjab) and
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multiplied by the population of the State.The basic objective of this three-factor formula was to bring about a
high degree of equity among the States. The Ninth Finance
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Commission (NFC) basically followed the above formula with minor
modifications.
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The NFC added one more criterion. Viz., a composite index ofbackwardness of States based on (a) population of scheduled castes and
scheduled tribes and (b) the number of agricultural laborers in
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different states as revealed in the 1981 census. According to the NFC
the composite index would correctly reflect poverty and backwardness
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of a state in large measure. The states having a larger share of the twocomponents are required to bear substantial expenditure
responsibilities.
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The Tenth Finance Commission (TFC) evaluated the formula of both
Eight and Ninth Finance Commissions and introduced the following
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formula / criteria to determine the shares of the different States in theshareable proceeds of income tax:
(a) 20 percent on the basis of population 1971 :
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(b) 60 percent on the basis of distance of per capita income of a
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State from that of the State having the highest income:
(c) 5 percent on the basis of area adjusted ;
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(d) 5 percent on the basis of index of infrastructure; and(e) 10 percent on the basis of tax effort.
Finance Commission
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Grants-in-aidFirst
(i) for 7 states, to cover their deficits during the
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period 1951- 56(ii) for 8 states to improve primary education
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facilitiesSecond
Larger grants-in-aid for meeting developmental
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needs of StatesThird
(i) Rs.550 crores to all States except Maharastra
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to cover part of their revenue expenditure(ii) Rs. 45 crores for improvement of
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communicationFourth
Rs. 610 crores to cover deficits during the
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period,1966-71Fifth
Rs. 638 crores to cover deficits during the
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period,1969-74Sixth
Rs. 2510 crores for 14 out of 21 States to cover
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their non-Plan deficits during the period, 1974-79
Seventh
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Rs. 1600 crores to cover deficits of a few poststates during the period 1980-85 and also to
upgrade the standard of administration.
Eighth
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A small grand of Rs.1556 crores for the period
1985-90 to cover deficits.
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A grant of Rs. 1556 crores to certain states to
upgrade the standard of administration.
Ninth
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(i) Grant of Rs.15017 crores sto cover deficits on
Plan and non-plan revenue account during 1990-
95
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(ii) A special annual grant of Rs. 603 crores
towards the Centres contribution to the Calamity
Relief Fund totaling Rs. 3015 crores for the 5
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year period, 1990-95(iii) A grant of Rs. 122 crores to Madhya
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Pradeshtowards
the
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expenditure
on
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rehabilitation an relief of victims of Bhopal gasleak.
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Tenth
(i) grant-in-aid of about Rs. 7580 crores to cover
deficit on revenue account during 1995-2000
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(ii) upgradation grants of about Rs. 1360 crores
for such selected items as police, fire services,
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jails, promotion of girls education, additionalfacilities for upper primary schools, drinking
water facilities in primary schools, etc;
(iii) grants to solve special problems of States:
about Rs.1250 crores.
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(iv) calamity relief of Rs. 4730 crores.
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(v) grants of Rs. 5380 crores to local bodies, viz,
Panchayats, and municipalities.
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The total amount of grants would come to Rs. 20300 crores.
Questions
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1. Bring out the salient features of Indian capital market.
2. Critically examine the recent trends in secondary market in
India
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3. What are the advantages of credit rating to investors?
4. Give a brief note on SEBI.
5. Distinguish between money market and capital market.
6. Explain the structure and instruments of Indian money market.
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7. Construct the trading system of OTCEI, with other stockexchanges.
8. Explain the players in Indian Capital market.
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9. Explain the various functions of merchant Banker.10. Critically examine the recent trends in primary market in India.
References
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1. V.Avadhani, Indian capital market, First Edition, Himalayapublishing Home.
2. H.R.Machiraju, Merchant banking, third Edition, New age
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international publishers.
3. Ruddar Datt & K.P.M.Sundharam, Indian Economy,
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Fortieth Revised Edition, S.Chand & Co.Ltd.,4. M.Y.Khan, Indian financial system, Fourth Edition, Tata
mcgraw Hill.
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