Publications

RBI November 2014

By December 28, 2014 December 20th, 2019 No Comments
Notification/Circular
no.
Date Subject Amendment
RBI/2014-15/296
DCBR.CO.BPD .(PCB). No 1/14.01.062/2014-15

November 05, 2014 Designated Director – Amendment
to Section 13(2) of Prevention of Money Laundering Act (PMLA)
In an earlier circular, UCBs
were advised that they may nominate a Director on their Boards as ‘Designated
Director’ to ensure compliance with the obligations under the Prevention of
Money Laundering Amendment Act, 2012. In this connection, it is clarified
that UCBs can also designate a person who holds the position of senior
management or equivalent as a ‘Designated Director’. However, in no case, the
Principal Officer should be nominated as the ‘Designated Director’.
RBI/2014-15/299
DNBR (PD) CC.No. 002/03.10.001/2014-15
November 10, 2014 Revised Regulatory Framework for
NBFC
With an intent to review the
entire regulatory framework for the NBFC sector over time, certain changes to
the regulatory framework are sought to be made to a) address risks wherever
they exist, b) address regulatory gaps and arbitrage arising from differential
regulations, both within the sector as well as vis-a-vis other financial
institutions, c) harmonise and simplify regulations to facilitate a smoother
compliance culture among NBFCs, and d) strengthen governance standards. In
doing so, certain important recommendations made by the Working Group on
Issues and Concerns in the NBFC Sector (Chairperson: Smt. Usha Thorat) and
the Committee on Comprehensive Financial Services for Small Businesses and
Low Income Households (Chairman: Dr. Nachiket Mor), have been drawn upon. The
changes now introduced to the regulatory framework are delineated in the said
circular.
RBI/2014-15/300
DNBR (PD) CC.No. 003/22.10.91/2014-15
November 10, 2014 Review of the Non-Banking
Financial Company – Factors (Reserve Bank) Directions, 2012
 It has been decided that an NBFC for
registering as NBFC-Factor shall ensure that its financial assets in the
factoring business constitute at least 50 per cent of its total assets and
its income derived from factoring business is not less than 50 per cent of
its gross income.
FEMA.326/RB-2014 November 12, 2014 Foreign Exchange Management
(Transfer or Issue of any Foreign Security) (Fifth Amendment) Regulations,
2014
The Reserve Bank of India has
amended the Foreign Exchange Management (Transfer or Issue of Any Foreign
Security) Regulations, 2004
RBI/2014-15/307
A.P. (DIR Series) Circular No. 38
November 20, 2014 Acquisition/Transfer of
Immovable property – Payment of taxes
It has been observed that doubts
persist regarding requirement of payment of taxes while undertaking property
transactions under Foreign Exchange Management (Acquisition and Transfer of
immovable property in India) Regulations, 2000. In this connection, it is
clarified that transactions involving acquisition of immovable property under
these regulations shall be subject to the applicable tax laws in India.
FEMA.327/RB-2014 November 24, 2014

Foreign Exchange Management
(Deposit) (Amendment) Regulations, 2014
The Reserve bank of India has
further amended the Foreign Exchange Management (Deposit) Regulations, 2000
RBI/2014-15/316
A.P. (DIR Series) Circular No. 41
November 25, 2014 Routing of funds raised abroad
to India
It has come to our notice that
some Indian companies are accessing overseas market for debt funds through
overseas holding / associate / subsidiary / group companies. It has also been
reported that such borrowings are raised at rates exceeding the ceiling
applicable in terms of extant FEMA regulations and that the funds so raised
are routed to the Indian companies which accounts for sole/major operations
of the group. Different modalities/structures are resorted to for channeling
such funds for Indian operations including investment in rupee bonds floated
by the Indian company. On review of the matter in light of the existing
regulatory framework, certain clarifications in this regard has been issued
by the Reserve Bank of India.
RBI/2014-15/323
DCBR.BPD.(PCB).Cir No.3/12.05.001/2014-15
November 27, 2014 Supervisory Action Framework for
Urban Co-operative Banks (UCBs)
Supervisory Action Framework
(SAF) for UCBs was introduced. Having regard to the improvements witnessed by
the sector and the need for ensuring more timely supervisory responses, it
has been decided to review and revise the supervisory action framework. The
main features of this revision are as indicated in the said circular.
_____ November 27, 2014 Guidelines for Licensing of
Payments Banks
The Reserve Bank of India has
released Guidelines for Licensing of payment banks with an objective to
increase financial inclusion by providing small savings account and
remittance services to migrant labour workforce, low income households, small
businesses etc. The eligibility criteria, scope of activities and other such
conditions relating to payment banks are outlined in the said
guidelines.  
_____ November 27, 2014 Guidelines for Licensing of
Small Finance Banks in the Private Sector
The Reserve Bank of India has
released Guidelines for Licensing of Small Finance Banks in the Private
Sector with an objective of setting up small finance banks. The eligibility
criteria, scope of activities and other such conditions are contained in the
said guidelines. 

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