Banking Financial Services Management - Unit 1: Overview of Indian Banking System
Banking Financial Services Management - Unit 1: Overview of Indian Banking System
Management Unit 1
Overview of Indian Banking
System
Banking Definition
According to Sec.51 (1) b, Banking
Regulation Act 1979 Banking means
accepting for the purpose of lending
or investment of deposits of money
from the public, repayable on
demand or otherwise and withdrawal
able by cheques, draft, order or
otherwise
Commercia
l Bank
Financial
Institution
Non
Banking
Finance
companies
Cooperativ
e
Institution
Regional
Rural
Bank
Commercial
Banks
Foreign
Banks
SBI Group(6)
Private
Sector
Banks
Old(13
)
New(7
)
Foreign Banks
Foreign banks are required to invest an assigned capital
of USD25 million upfront at the time of opening their
first branch in India
They can operate in any the following ways
Through Branches
Through wholly owned subsidiaries
Through subsidiaries with maximum aggregate of 74%
ownership in a private sector bank
Foreign bank can have asset share, equity stake and FII
in Indian banking system
In the first phase, FB were allowed to establish wholly
owned subsidiary with a minimum capital requirement
of 300crs or spin off the existing operations into a
subsidiary
NBFI
Financial
Institutions
Non Banking
Finance
companies
Primary
Dealers
Specialize
d FIsIVCF,ICICI
Venture,
TFCI
Financial
Institution
State
Level FISFC, SIDC
Investme
nt
Institution
-LIC, GIC
NBFC Category by
liability(12225)
NBFC-ND
(Category-B)
(11969)
Residuary NBFC(2)
NBFC-ND-SI
(354)
NBFC category by
activity/asset
Primary Dealer
(21)
Primary Dealer
Bank PDs(13)
Standalone PDs(13)
UCBs
(1606)
Schedule
d
(51)
NonSchedule
d
(1555)
Credit
Cooperatives
Rural
Cooperati
ve
Long
Term
(717)
Short
term
(92,833)
Multi
State
(25)
Single
State
(26)
Multi
State
(21)
Single
State
(1534)
SCARDBs
(20)
StCBs
(31)
PCARDBs
(697)
DCCB
s
(370)
PACSs
(92,43
2)
Primary Functions
a) Accepting deposits
The most important activity of a commercial bank is to mobilise deposits
from the public. Thus, deposits with the bank grow along with the interest
earned. If the rate of interest is higher, public are motivated to deposit more
funds with the bank. There is also safety of funds deposited with the bank.
b) Grant of loans and advances
The second important function of a commercial bank is to grant loans and
advances. Such loans and advances are given to members of the public and to
the business community at a higher rate of interest than allowed by banks on
various deposit accounts.
Loans: A loan is granted for a specific time period. Generally, commercial
banks grant short-term loans. But term loans, that is, loan for more than a
year, may also be granted. The borrower may withdraw the entire amount in
lump sum or in installments. However, interest is charged on the full
amount of loan. Loans are generally granted against the security of certain
assets. A loan may be repaid either in lump sum or in instalments.
Advances: An advance is a credit facility provided by the bank to its
customers. It differs from loan in the sense that loans may be granted for
longer period, but advances are normally granted for a short period of time.
Further the purpose of granting advances is to meet the day to day
requirements of business. The rate of interest charged on advances varies
from bank to bank. Interest is charged only on the amount withdrawn and
not on the sanctioned amount.
Secondary functions
Agency Functions :
Various agency functions of commercial banks are To collect and
clear cheque.
To make payment of rent, insurance premium, etc.
To deal in foreign exchange transactions.
To purchase and sell securities.
To act as trusty, attorney, correspondent and executor.
To accept tax proceeds and tax returns.
General Utility Functions :
The general utility functions of the commercial banks include To
provide safety locker facility to customers.
To provide money transfer facility.
To issue traveller's cheque.
To accept various bills for payment e.g phone bills, gas bills, water
bills, etc.
To provide merchant banking facility.
To provide various cards such as credit cards, debit cards, Smart
cards, etc.
This Banking Regulation Act Consolidated the law relating to banking and
provides for the nature of transactions which can be carried out by banks
in India, the control over management suspension and winding up of
banking companies and penalties for violating provisions of the Act. The
Act contains following five parts:
Part I : Preliminary
Part II : Business of Banking Companies
Part IIA : Control over management
Part IIB: Prohibition of certain activities in relation to banking companies
Part IIC: Acquisition of the undertakings of banking companies in certain
cases
Part III: Suspension of business and winding-up of banking companies
Part IIIA: Special provision for speedy disposal of winding-up proceedings
Part IIIB : Provisions relating to certain operations of banking companies
Part IV : Miscellaneous
Part V: Application of the Act of Cooperative Banks
Part I Preliminary:
It defines a banking companys demand and time
liabilities, secured and unsecured loans, managing agents,
managing directors, sponsored and subsidiary banks,
regional rural banks, etc.
Part II Business of Banking companies:
Specifies the businesses in which the bank may and must
not engage, prohibition on trading rules regarding director
and chairman, restriction on commission and brokerage,
loans and advances.
Nature of subsidiary companies,
requirement as to minimum paid-up capital and reserves,
account, balance sheets, licensing and auditing.
Part III: Suspension of business and winding-up of
banking companies
This part contains provisions for suspension of business,
winding up by High court, power to dispense with
meetings with creditors, preferential payment to
depositors, etc.
Part IV Miscellaneous:
This part lays down penalties for officers,
application for fines, special provisions for
private banking companies, change of name or
alternation of memorandum, power of central
government to make rules, etc.
Part V Application of the act to
cooperative banks:
It defines a cooperative bank, a cooperative
credit society, a multistate cooperative society.
Any dispute regarding their primary object or
principal business is referred to and determined
by the RBI. It also lays down requirements ads
to minimum paid-up capital and reserves.
The Negotiable
Instruments Act 1881
Negotiable Instrument
According to Section 13(i) a negotiable
instrument means a promissory note, bill of
exchange or cheque payable either on order or to
bearer.
An instrument may be negotiable either by
1. Statute : Promissory Notes , bills of exchange
and cheques are negotiable instruments under
Negotiable Instruments Act 1881 .
2. By Usage : Bank Notes , Bank Drafts , scripts,
treasury Bills etc
Transfer by Negotiation
Negotiation is a transfer of an instrument
from one person to another in such a
manner as to express title & to represent
the transferee the holder thereof.
Passing of possession
With intention to pass title
Must be transferred in such a manner that
the transferee becomes holder thereof.
Characteristics
It is freely transferable
Better title
Right to sue
A negotiable instrument can be transferred any
number of times till its maturity
A negotiable instrument is subject to certain
presumptions
Presumptions
1. Consideration : Every negotiable instrument is
deemed to have been drawn and accepted ,
endorsed, negotiated, or transferred for
consideration
2. Date : Every negotiable instrument must bear
the date on which it is made or drawn
3. Acceptance : Every Bill of exchange was
accepted within a reasonable time after the date
mentioned therein and before the date of its
maturity
4. Transfer : Every transfer should be made before
the expiry
Meaning of Endorsement
When a maker or holder writes the persons name
on the face or back of the instrument & puts his
signatures thereto for the purpose of negotiation,
it is called endorsement.
Person who signs endorser
To whom it is endorsed endorsee.
A legal term that refers to the signing of a
documentwhich allows for the legaltransfer of a
negotiablefrom one party to another.
When an employer signs a check, they are
endorsing the transfer of money from the
business accounts to the account of the
employee.
Promissory Notes
Section 4 defines it as, A promissory note is an
instrument in writing containing an unconditional
undertaking, signed by the maker, to pay a
certain sum of money only to or to the order of a
certain person or to the bearer of the instrument.
The person who makes the promissory note is
called the maker.
The person to whom payment is to be made is
called the payee. e.g.
I promise to pay B or order rs. 500
I promise to pay B Rs.500 on D death, provided D
leaves me enough to pay that sum
Bill of Exchange
Section 5, is defined as A bill of exchange is an instrument
in writing containing an unconditional order, signed by the
maker, directing a certain person to pay a certain sum of
money only to or to the order of a certain person or to the
bearer of the instrument.
Parties to bill of exchange :
Drawer The person who makes/orders to pay bill of
exchange.
Drawee The person who is directed to pay on bill. On
acceptance he becomes acceptor.
Payee The person to whom the payment is to be made.
Drawer & Payee can be the same person.
X sells goods worth Rs. 2000 to Y & allow him 3 months time
to pay the price. X then draws a bill on Y Three months
after date, pay to my order the sum of Rs. 2000 for value
received. X is drawer . Y is Drawee.
Cheques
Section 6, defines it as A cheque is a bill of
exchange drawn on a specified banker & not
expressed to be payable otherwise than on
demand.
It is always drawn on a bank
It is payable to bearer on demand
Parties To Cheque:
1. Drawer who makes the cheque
2. Payee to whom payment is to be made
3. Drawee Bank .
Specimen of Special or
Restrictive Crossing
Right of a Banker
Following are the major rights that a banker can
exercise on his customer.
Right of Lien
Right of set-off
Automatic right of set off
Right of Appropriation
Right to charge interest
Right to charge service charges
Right of Lien
The right of a creditor (Bank) to retain goods
and securities owned by the debtor bailed (as
security) to the bank until the loan due from the
debtor is repaid is called the right of lien.
The creditor (bank) has the right to maintain
the security of the debtor but not to sell it.
Types of Lien
Particular Lien
General Lien
Particular Lien
Particular lien is one, in that the craftsman can
retain those goods on which he has spent time,
effort and money until he is paid. In Particular lien
the creditor doesnt have the right to retain all the
properties of the debtor.
Eg: Ambassador and fiat car example
General Lien
General lien gives the banker the right to retain
goods and securities delegated to him in his
capacity as a banker, in the absence of a contract
contradictory to the right of lien. It extends to all
goods/properties placed with him as a banker by
his customer which are not particularly identified
for another purpose.
Right of Set Of
The banker has the right to set off the accounts
of its customer. This enables a debtor (Bank) to
set off a debt owed to him by a creditor
(customer) before the latter recovers a debt
due to him from the debtor.
funds should belong to the customer.
It can be exercised only after a notice is served
on the customer informing the customer that
the banker is going to exercise the right of setoff.
To be on the safe side bankers must take a
letter of set-off from the customer authorizing
the bank to exercise the right of set-off without
giving him any notice.
Automatic Set Of
Sometimes the set off will happen
automatically, it depends on the situation. In
automatic set off there is no need of permission
from the customer.
The cases in which automatic set off can exercise
are as follows :
In case of the death of the customer.
When the customer becomes insolvent.
If a Garnishee(court) order is issued on the
customers account by court.
When a bank receives the notice of second
mortgage on the securities already charged to
the bank.
Right of Appropriation
In the normal course of business, a banker
accepts payments from customers. If the
customers have more than one account or
he/she has taken more than one loan, the
customer has the right to direct his banker
against which debt the payment should be
appropriated/settled. If the customer does not
direct the banker and there is more than one
debt outstanding in his/her name, the bank can
exercise its right of appropriation and apply it in
payment of any debt. The banker can apply it
against time barred debts also. Once an
appropriation has been made it cannot be
reversed.
08
09
Investments
Advances
Fixed Assets
11
Other Assets
Schedule
15
16
Expenses
Interest
Operating
Capital
Bank has to show the Authorized, Subscribed and Paid
up capital
Reserves and Surplus
1) Statutory reserve
- Not less than 20% of the previous year profits
2) Capital reserve
- excess depreciation on investments or profit on sale
of investment or assets are carried to the capital
reserve
3) Share premium
- this include any premium on the issue of share capital
of the bank
4) Revenue and other reserve
- This will comprise all other reserve not included above
5) Balance in profit and loss account
Deposits
1) Demand deposits
2) Saving Deposits
3) Term Deposits
Borrowings
)In bank balance sheer, borrowings will show under two category
Borrowings in India
Borrowing outside India
Bank Asset
1) Cash and balance with RBI
2) Balance with banks and money at call and short
notice
3) Investments
4) Advances
5) Fixed Assets
6) Other Assets
Cash and balance with RBI
CRR
Cash in hand and cash in vaults
Balance with banks and money at call and
short notice
All lending to inter bank money markets
Deposits in other Indian banks and foreign banks
Investment
To minimize the discriminate investment by the
banks, RBI has drawn up a set of guidelines
under which the investment will be slotted
Government Securities
Approved Securities
Shares
Debentures and bonds
Subsidiaries and joint venture
Other investment like foreign investment
Fixed Asset
1) Premises (including land)
2) Other fixed asset(including furniture and
fixture)
3) Asset on lease
Other Asset
1) Interest accrued
2) Inter office adjustments
3) Advanced Tax paid/ TDS
4) Stationery and stamps
5) Non banking asset acquired in satisfaction of
claims
6) Others
Contingent liability
1) Claims against the bank not acknowledged as
debt
2) Liability for partly paid investment
3) Liability on account of outstanding forward
exchange contract
4) Guarantees given on behalf of outside
constituents
5) Currency swaps
6) Interest rate swaps, currency options and
interest rate futures
7) Other items for which the bank in contingently
liable