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RBI issues new guidelines on ownership in private sector banks

13 May 2016 Evaluate

The Reserve Bank of India (RBI) tweaking the norms, has issued new guidelines on ownership in private sector banks by bundling shareholding patterns into two broad categories of individuals (natural persons) and legal entities/institutions, but retained the cap on foreign ownership at 74%.

The central bank reviewed the extant guidelines on ownership in private sector banks which envisaged diversified shareholding in private sector banks by a single entity/corporate entity/group of related entities. The revision in the guideline were against the background of the guidelines on licensing of new banks in the private sector issued in February 2013, the need for additional capital for the banks consequent to the implementation of Basel III capital regulations and to rationalise the ownership limits. It has stipulated the different principles for shareholding by promoters, other entities and individuals in private sector banks after the review.

As per the guidelines notified by the RBI, the permitted promoter/promoter group shareholding for all existing banks will be in line with what has been permitted in the February 22, 2013 guidelines on licensing of universal banks at 15%. In case any promoter/promoter group is eligible for higher shareholding as per the licensing guidelines, the same will apply and the limits prescribed for all shareholders in the long run will not apply.

Other features of the guidelines says that 'fit and proper' criterion for acquisition of shareholding in a private bank beyond 5% will continue to apply. Acquisition of shareholding in a private sector bank by foreign entities will continue to be subject to the extant FDI policy, and the aggregate foreign ownership through FDI, FII/NRIs cannot exceed 74% of paid-up capital. At all times, at least 26% of the paid-up share capital of the private sector banks will have to be held by resident Indians. In banks where there are no major regulatory/supervisory concerns, a person may be permitted to acquire higher shareholding, if the same is supported by the Board of the Directors of the concerned bank. Where specific orders have been passed by the Reserve Bank relating to dilution of shareholding by persons/entities/groups, those orders will continue to apply for such shareholding. Also, that where any promoter/promoter group has shareholding in excess of 15 per cent and timelines have already been stipulated by the Reserve Bank for bringing it down to 10 per cent, such timelines shall continue to apply for bringing the shareholding down to 15 per cent.

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