swamilook

Thursday, November 13, 2014

BANKING < Is it A- Profession OR Business Or No Different ?

Contd. (ref . prior blogs - last HERE >




http://vswaminathan-swamilook.blogspot.in/2014/10/statutory-audit-x-internal-audit.html

>>>>> 
Update
TG
Dec 18
RBI imposes monetary penalty on two banks; cautions three banks for violating KYC/AML Instructions
>>>


What is corruption?‎

http://www.transparency.org/whatwedo



moneylife

 
Half a Prescription by RBI?
As the banking regulator, will RBI be responsible and pro-active about NPAs instead of blaming the legal system?

Sucheta Dalal
sharing

TOP-up
bl




The cost of Jan Dhan

Harried PSB staff and frayed tempers to the fore »      1 comment


The impression given that the cautioned cost of  'jan dhan' has to be measured only by the




Rajan slams banks for 'hiding' NPAs


 < "In India, too many large borrowers insist on their divine right to stay in control despite their unwillingness to put in new money. The firm and its many workers, as well as past bank loans, are the hostages in this game of chicken — the promoter threatens to run the enterprise into the ground unless the government, banks, and regulators make the concessions that are necessary to keep it alive," he said. The governor was delivering the Dr Verghese Kurien Memorial Lecture at IRMA, Anand on Tuesday.


The governor lashed out at banks for joining hands with borrowers in seeking relaxation in classifying some projects as "non-performing assets". "This is short-sighted, especially on the part of the banks. Today, the market does not distinguish much between non-performing loans and restructured loans, preferring to call them both stressed loans and discounting bank value accordingly," Rajan said.

"Mutilating Shakespeare, an NPA by any other name smells as bad! Indeed, because forbearance makes bank balance sheets opaque, they may smell worse to analysts and investors. The fundamental lesson of every situation of banking stress in recent years across the world is to recognize and flag the problem loans quickly and deal with them. So regulatory forbearance, which is a euphemism for regulators collaborating with banks to hide problems and push them into the future, is a bad idea," Rajan said.

A Quixot ()
32 mins ago
Silver: 1349
1349 Points
The 'bag', the proverbial hiding place, was presumably wide open all along; it is a tragedy that still, infer-ably, either none concerned / having stakes has so far cared / minded to peep into, to find the proverbial black cat in its hiding. Is that not a pointer to the weakness of a high order, of the in-house code of ethics , more so of the vital in-thing known as internal control / audit in place supposed to be the top board of management’s whole and sole duty and the utmost responsibility, even in the normal course of the bank’s overall governance itself.


BL 
DEC 8

Banks now borrow at floating rate


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Banks used to source funds for their short-term needs from the RBI at a fixed repo rate,... » 
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Fighting Regulations
If you want to keep your money safe, you will have to assume regulators are not there to protect you

Nov 29
BL


Catalyst
How to keep your smart buyer faithful
Puneet Nanda 

Meet Vikram, a 42-year-old family man who is doing well. Two decades ago, when Vikram st... »

CRUX :



Reputation in the open

To give the relevant information to ...., the brand marketer will have to carefully plan the brand presence across the new media. Well-managed brand engagement with the customer on non-traditional media can lead to lower acquisition cost and solve the ROI challenge for the marketer. 

Today financial brands need to manage their reputation in social media. Prospective customers get influenced by what other people say. Financial services are known to get a higher share of negative comments as it is much more difficult to maintain a consistent customer experience than in the case of manufactured-product brands. The challenge is not only to minimise the actual negative experience but also make sure that a balanced view is presented in social forums so that the reputation is maintained.




Lci


Cpc and sarfeasi


Banking rules on fd / td 'preclosre charges'?

 TG


Nov 28



http://taxguru.in/corporate-law/confusion-territorial-jurisdiction-cheque-dishnour-cases.html

WPRT the “Conclusion”, based on information gathered from known reliable sources, to share a few thoughts:


The SC verdict, as read and understood, applies, ipso facto, to cheques issued fraudulently; that is, drawer knowing full well that it is sure to be ‘dishonored’ for want of funds (credit balance in his account) at the point in time of its being presented for clearing (‘the instant case’). Now, with CTS (electronic) clearing in place, under which it is the ‘image’ of the cheque that is transmitted to the central clearing, not the physical cheque. At the central clearing, it is learnt, there are varying reasons for it not being cleared but returned to the drawee via his bank; such as, signature not tallying even if minutely. To cite one such real life experience but of bizarre kind , the CTS cheque book issued , for gross negligence on the part of drawer’s bank branch, got omitted to be entered on the system at the time of issuance, hence not found on manually viewing the system by the clearing. Further, in such a case, the drawer’s bank branch, has no means of coming to know of the fact of the cheque returned unless and until reported; and further, even then it has no clue, the bank heads / staff being what they are, is in no position to readily and satisfactorily explain the story behind. Anyone or more is sure to have had similar experience, also burdened with so called ‘cancellation charges’, – an insult added to the injury suffered for no fault of his. Yet another point, – cheque issued may not necessarily always be in discharge of ‘debt owed’; e.g. in payment of a subscription/membership fee. Most certainly, common sense should tell, the apex court ruling in the instant case can have no application to the rest of cases. It is unto the RBI, as the architect of the whole idea of CTS clearing, to promptly have a re-look into and advise its constituents to revamp by plugging in the wanted correctives; thereby save the innocent banking public from any disgusting hassle any- more/longer.

The burden of the ‘song’ (longish comment ventured) is to pin point that, in such or similar matters of commonly aired public grievances, it is for the RBI, as the empowered sole authority to, realize and tale all precautions even while conceiving of and bringing in any such innovative changes in the extant system/ practice.

G S Rao, Deputy General Manager (Legal) OCL India Limited, Email –   gsrao@ocl.in


(May be contd.)


TOI
Nov 26


Rajan slams banks for 'hiding' NPAs
 < "In India, too many large borrowers insist on their divine right to stay in control despite their unwillingness to put in new money. The firm and its many workers, as well as past bank loans, are the hostages in this game of chicken — the promoter threatens to run the enterprise into the ground unless the government, banks, and regulators make the concessions that are necessary to keep it alive," he said. The governor was delivering the Dr Verghese Kurien Memorial Lecture at IRMA, Anand on Tuesday.


The governor lashed out at banks for joining hands with borrowers in seeking relaxation in classifying some projects as "non-performing assets". "This is short-sighted, especially on the part of the banks. Today, the market does not distinguish much between non-performing loans and restructured loans, preferring to call them both stressed loans and discounting bank value accordingly," Rajan said.

"Mutilating Shakespeare, an NPA by any other name smells as bad! Indeed, because forbearance makes bank balance sheets opaque, they may smell worse to analysts and investors. The fundamental lesson of every situation of banking stress in recent years across the world is to recognize and flag the problem loans quickly and deal with them. So regulatory forbearance, which is a euphemism for regulators collaborating with banks to hide problems and push them into the future, is a bad idea," Rajan said.

A Quixot ()
32 mins ago
Silver: 1349
1349 Points
The 'bag', the proverbial hiding place, was presumably wide open all along; it is a tragedy that still, infer-ably, either none concerned / having stakes has so far cared / minded to peep into, to find the proverbial black cat in its hiding. Is that not a pointer to the weakness of a high order, of the in-house code of ethics , more so of the vital in-thing known as internal control / audit in place supposed to be the top board of management’s whole and sole duty and the utmost responsibility, even in the normal course of the bank’s overall governance itself.





>>>>>>

Recent Article in Banking

Corp Bank rolls out new services

Corporation Bank has opened its ‘Corp Excel’ branch with ‘24 x 7 e-Lobby’ at Kandivili [West] in Mumbai. Corp Excel branches and... »



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12345678910
ICL
Revival of Sick Units Takes Precedence Over Loan Recovery
Posted: 23 Nov 2014 04:08 AM PST
[The following post is contributed by Prachi Narayan of Vinod Kothari & Company. She can be contacted at prachi@vinodkothari.com]

< The purpose of SICA is to provide ameliorative measures for reconstruction of sick companies, and the purpose of RDDBFI is to provide for speedy recovery of debts of banks and financial institutions. Indeed both are special laws. With the purpose of reconstruction and matters incidental thereto, SICA must be considered as special law, though it may be a general law in relation to recovery of debts. Whereas RDDBFI is a special law, in relation to recovery of debts and SICA may be considered as general law.
In the above context, the approach is to carefully examine the purpose, intention and objectives the enactment aims so as to construe what is actually special and what becomes general.
Further, in order to ascertain the real purpose of both the enactments and also to address the ambiguity over why in this case the subsequent act would not prevail over the previous act, a deeper look into the Statement of Objects and Reasons of both enactments becomes imperative.>

< ... In this backdrop, section 22 of SICA was enacted dealing with suspension of legal proceedings, contracts, etc. during the continuation of BIFR proceedings.
Section 22 (1) provides that “Where in respect of an industrial company, an inquiry....>


ET

Property Advice
6 things to know before taking a home loan
Like any other financial product, it is important to be acquainted with how home loans work to avoid any nasty surprises later. Here are some important things you should know before signing on the dotted line.

< 6 things to know before taking a home loan

Taking a home loan is easier said than done. Though it may seem all banks are eager to lend, getting a loan sanctioned can be a tedious task. Also, like any other financial product, it is important to be acquainted with how home loans work to avoid any nasty surprises later. Here are some important things you should know before signing on the dotted line.....

2. Your loan type: As you already know, there are two types of home loans based on the interest rate-fixed and floating. As the name suggest, a fixed rate loan is where the interest rate doesn't change with market fluctuations. Usually, this rate is 1-2.5 percentage points higher than the floating rate home loan. Floating interest loan, on the other hand, varies according to the market conditions.

The clause varies from bank to bank and is invoked either after a fixed period or a sharp spike in interest rates. So the EMIs also move up and down with change in base rate.

Though a fixed interest rate may seem more attractive in a high interest regime, experts advise otherwise for various reasons. First, the fixed nature of the interest itself is a disadvantage in a long-tenure loan like home loan where rates are bound to come down some time even if they are high at present.

In that case, the borrower has to repay the same amount every time even if the rates reduce. Moreover, fixed rate loans come with the 'reset clause', that says it is subject to revision. Though the nature of the clause varies from bank to bank it is usually invoked either after a fixed period or a sharp spike in interest rates. Therefore, a floating rate makes more sense unless if the economy promises a sharp rise in interest rates in the near future.

3. The fine print: a home loan agreement is a legal document and therefore often incomprehensible. However there can be quite a few devils hiding in the details. You may think a 'default' is only if you do not pay the EMI. However, there are some banks who define default as when the borrower expires, gets a divorced (in case joint-loans), or the borrower is/are involved in any civil litigation or criminal offence.

Also, some banks have a security clause that makes that entitles the bank to demand additional security along with your loan amount in case property prices fall. If you fail to pay up, you'll be marked as a defaulter.

Be careful about the add-on charges and penalties. It's not just the interest that you pay. There are additional charges such as administrative and service charges or processing fees. Also, there are penalties like on pre-payment of the loan. Consider these when comparing the deals offered by various lenders. >

<> The subject write-up, as independently viewed, frightfully brings to surface yet again the largely obtaining unhealthy variance in bankers’ practice, in more than one area /field of activity; and the not-so-obvious inequities and hardships thereby meted out to the stakeholders, in its very wide sense; not only borrowers for housing.


Suggestions, volunteered, in the order of relative significance /epitome  and merits:


1. All PSBs, so also the other banking companies , are to be made subservient to RBI, with no reservation or exception; and be obligated to abide by and strictly follow the banking Regulator's rules and regulations; and,  in any event ,the Code of Ethics (inclusive of  all “principle-based” rules). May be, except anyone or more of those considered worthy of relaxation or a different yardstick being applied , for special reasons , provided being well-founded, tested on the touch stone of customers’/ stakeholders’ rights and interests , not excluding minority of them.


2.Uniformity (universality) must be the fundamental and crucially guiding factor of all such policies, so also directives, etc. issued from time to time in accordance therewith.



To dilate:

The following are some of the related areas calling for a special mention and requiring conscientious focus on, for streamlining the present procedures, thereby for accomplishing uniformity and in turn, better governance : 

  • ROI applicable to monies accepted by way of deposits of varying types- Fixed, Flexible, so on.
  • Terms and conditions, to be set out with no ambiguity, made known to the depositor as at that point in time. 
  • Likewise, those for monies lent to borrowers of varying kinds ; especially ‘Home Loans’ , having regard to the fundamental distinguishing factor namely, that it has laudable social objectives to serve /sub-serve- that is, unlike and in comparison to any pure and simple commercial purpose/objective. 
  • Last but not least, the RBI, despite being endowed with powers of a mere ‘semi (or self) -regulatory’ authority, is capable of, hence is bound to, playing a pro-active role.   
      That is inevitably required / a must, in the fast changing economic scenario.  All the more so, should wisdom be gathered from past practices of players in the banking  sector  , more often than not having no regard to the large section of the public  having stakes , interests and ideal expectations  from the bank, as a ‘service’ provider - within its conceptually altruistic  meaning. 

click here           

<<<<<
 "Builders optimistic of the economic environment"

BL 
Nov 20

Jaitley discusses steps to bring down rising NPAs

 <<

 Big Banks & Big Data SAS

 

Rebranding of PSBs is need of the hour



<> The expert’s suggestions, particularly the concluding one, if were read in between lines , as understood, sound an alert/hint at , though not for the first time, as to why the banks, selectively PSBs should strive hard to reclaim and restore  the customers' long lost faith in the banking system as a whole. By and large, whatever little left, has , going by distasteful experience openly aired by the aggrieved far and wide, and in many ways, certainly suffered a further dent, significantly after the 'core system' (fully computerized environment ) came to  introduced and became operative. As a renowned humanitarian and truly wise man pragmatically echoed, in effect, from his heart, - ‘business’ has more to it than ‘success’ , and ‘success’ has more to it than ‘profits’ (the ‘bottom(most) line’). In one’s conviction, ‘brand’ is a graphic description for the self-same ideal requiring to be kept in vision by PSBs. It is left to the RBI, as the Regulator in control,  to keep updating its constituents of, and essentially  be of the requisite guidance  in, the ever changing  economic scenario. And do so objectively, with special focus on its far reaching consequences; not excluding its potentials to impact and impair, besides related others, the banking sector itself.

  
Nov 17


“We need true parity with banks”

<However, there were specific areas where the industry did make representations. For instance, on the NPA recognition norm, our line of argument has been that we tend to finance the SME and smaller end of the market. Hence, conforming to the 90-day norm would be burdensome on companies who finance these sections. This contradicts the objective of financial inclusion, because players will be reluctant to take exposure in these vulnerable segments. 


Even if we accept that there has to be convergence, our concern is that it is not really happening across the board. For instance, for banks and HFCs that follow a 90-day norm, once you recognise an asset as NPA you cannot recognise the income from such assets, which is fair enough. And the same rule applies to us. 

But the difference lies in the fact that for banks and HFCs, the income from these assets is not considered for tax purposes, whereas for NBFCs, it is treated as income for tax purposes.>



NOTE: The above is something not unrelated but closely related /  connected with,-

TOI  




Shareholder activism keeps companies in check

Shareholder activism keeps companies in check - WorldNewsec...



BL
The culture of loan waivers must end: Raghuram Rajan 

(see below)

cross refer >

Banks demand more tax breaks for bad-loan provisioning



ICL (sebi)
Nov 16
Indian Companies Issuing Securities Overseas
Posted: 15 Nov 2014 12:00 AM PST
Historically, Indian companies have issued equity instruments in the form of depository receipts (either American depository receipts (ADRs) or global depository receipts (GDRs)) or convertible debt instruments in the form of foreign currency convertible bonds (FCCBs). Of late, such overseas securities issuances have reduced quite significantly. Now, the Government has revamped the legal regime for overseas issuance of securities so as to streamline it further, and facilitate further use of this capital raising route by Indian companies. The recent legal changes are two fold, one effected by the Ministry of Finance (MOF) and the other by the Ministry of Corporate Affairs (MCA).


BL
Nov 14
The culture of loan waivers must end: Raghuram Rajan 


The Points are seen to have been well made, with unbiassed merits.


To add a couple of more (for a serious look into):


1. The ongoing unbridled practice of  , 'bailing out' - with no regard to the flip side namely, potential impact /adverse effect on the lawful rights and interests of the stakeholders- e.g. 'depositors' whose monies are siphoned off for such purpose.


2. The standard provisioning  permitted, as a routine minimum for tax deduction, under the income-tax law,  for 'bad and doubtful debts' , with no other criterion/or checks and balances, in place /  to apply; which, in the ultimate analysis,  has the obvious potential to breed other 'evils', such as corrupt practices in lending. 


< Over to the Regulator 

<<  Venkat Loganathan


Reaction: Going by one’s quick but limited understanding, the primary /upfront responsibility to recover lies with the lending banks. Yes! Attachment of the property given as security by the borrower is, perhaps, the ultimate recourse. But then, that is going to essentially depend upon  the quality /adequacy, in legal terms, of the security so given and accepted by the lender,- which, more often than not  is done without , albeit a must, a mindful scrutiny and diligent investigation.  For instance, just as others, ‘home loans’ if so given, - mostly impulsively, without a proper and intelligent scrutiny, so also expert vetting of the supporting documentation offered by borrowers,- on the security of the property of special kind known as, Flats or Apartments,  for reasons known or ought to been known through wisdom to be gathered from past experience , are bound to be confronted with insoluble/irresolute mind teasing legal problems/hurdles. This is an area in which it is for the Regulator to be of effective guidance, as so required through binding directives, to its constituents, to guard against possible disputes, ending up in infructuous  court litigation (civil /criminal). 
As may be readily imagined, RBI cannot fail to locate such instances from the open book of settled or unsettled ongoing court cases.


Our Bureau


Venkat Loganathan
Politicians must put an end to the culture of loan waivers, normally offered as a part of pre... »

SS TARAPORE
MAVERICK VIEW
Beating inflation is a tightrope walk
The recent abatement of the year-on-year Consumer Price Index (CPI) inflation rate to below 7 per... »      1 comment

Editorial
Closing the gap
Non-Banking Finance Companies protest too much in claiming that recent Reserve Bank of India regu... »

 Non-CTS compliant cheques, drafts still in circulation

Having nothing to say for or against the canvassed urge to switch over, once for all, to the CTS, one may still wish to go by and openly endorse the merits behind the thinking that the customer will prefer the banks to strive and provide the best of both worlds- by "marrying technology with human interface"; more as a matter of practical convenience, not necessarily for the possible delight in it.    

< Combining tech and human interface for customer delight

Reaction (OFFHAND)
"Thus, banks (OUGHT TO?) strive to provide the best of the both worlds – by marrying technology with human interface."

  • Any Branch Banking” - For whose benefit?

  • The Rot Called Corporate Debt Re-structuring

TAIL PIECE

http://courtverdict.blogspot.in/2014/08/cheque-bouncing-sc-verdict-on.html


Gen. Info. 

Banking Ombudsmen - Reserve Bank of India

www.rbi.org.in › About Us
Bangalore. Shri. M. Palanisamy C/o Reserve Bank of India 10/3/8, Nrupathunga Road Bangalore-560 001. Tel.No.22210771/22275629. Fax No.080-22244047.
Posted by vswaminathan at 6:37 PM
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