c) For the purpose of computation
of prudential limits prescribed in the guidelines, the denominator namely, "non-SLR
investments", would include investments under the following four categories
in Schedule 8 to the balance sheet viz., ‘shares’, 'bonds and debentures’, ‘subsidiaries/joint
ventures’ and ‘others’.
2.Definitions of a few terms used
in these guidelines have been furnished in Appendix I with a view to ensure
uniformity in approach while implementing the guidelines.
Regulatory requirements
3. Banks should not invest in Non-SLR
debt securities of original maturity of less than one-year other than commercial
paper and certificates of deposits.
4. Banks should undertake usual
due diligence in respect of investments in non-SLR securities. Present RBI regulations
preclude banks from extending credit facilities for certain purposes. Banks
should ensure that such activities are not financed by way of funds raised through
the non-SLR securities.
5. Banks must not invest in unrated
debt securities, unlisted securities and unlisted shares of All-India Financial
Institutions (AFIs)
6. The Securities Exchange Board
of India (SEBI), vide their circular dated September 30, 2003, have stipulated
requirements to be complied with by listed companies for issuing debt securities
on a private placement basis and listed on a stock exchange. According to this
circular any listed company, making issue of debt securities on a private placement
basis and listed on a stock exchange, has to make full disclosures (initial
and continuing) in the manner prescribed in Schedule II of the Companies Act
1956, SEBI (Disclosure and Investor Protection) Guidelines, 2000 and the Listing
Agreement with the exchanges. Further, the debt securities should carry a credit
rating of not less than investment grade from a Credit Rating Agency registered
with the SEBI. Banks should ensure that they make all fresh Non-SLR debt investments
only in listed debt securities of companies which comply with the requirements
of the SEBI circular dated September 30, 2003.
Internal assessments
7. Since non-SLR securities are
mostly in the form of credit substitutes, banks are advised to (i) subject all
their investment proposals relating to non-SLR securities to credit appraisal
on par with their credit proposals, irrespective of the fact that the proposed
investments may be in rated securities, (ii) make their own internal credit
analysis and rating even in respect of rated issues and not to entirely rely
on the ratings of external agencies, and (iii) strengthen their internal rating
systems which should also include building up of a system of regular (quarterly
or half-yearly) tracking of the financial position of the issuer with a view
to ensuring continuous monitoring of the rating migration of the issuers/issues.
Fixing of prudential limits
8. The Board of Directors of banks
should fix a prudential limit for their total investment in non-SLR securities
subject to existing limits prescribed by RBI and sub-limits for the following
listed debt securities:
a) bonds of public sector undertakings
b) bonds of All-India Financial
Institutions
c) unsecured redeemable bonds floated
by nationalised banks
d) infrastructure bonds floated
by All India financial Institutions
e) units of UTI.
While there will be no ceiling
on investments covered under a) to d) above as per our circular RPCD.No.RRB.BC.76/03.05.34/96-97
dated December 13, 1996, the investments covered under e) should not exceed
5 per cent of incremental deposits at the end of the preceding financial year.
9. Banks which have exposure to
investments in non-SLR securities in excess of the prudential limit prescribed
above as on 31st March 2003 should not make any fresh investment in such securities
till they ensure compliance with the above prudential limit.
10. As a matter of prudence, banks
should stipulate entry-level minimum ratings/ quality standards and industry-wise,
maturity-wise, duration-wise, issuer-wise, etc. limits to mitigate the adverse
impacts of concentration and illiquidity.
Role of Boards
11. Banks should ensure that their
investment policies duly approved by the Board of Directors are formulated after
taking into account all the relevant issues specified in these guidelines on
non-SLR investments. Banks should put in place proper risk management systems
for capturing and analysing the risk in respect of non-SLR investments and taking
remedial measures in time. Banks should also put in place appropriate systems
to ensure that investment in privately placed instruments is made in accordance
with the systems and procedures prescribed under respective bank’s investment
policy.
12. The Board should devise a system
to ensure that the limits prescribed in paragraph 8 above are scrupulously complied.
The Boards should appropriately address the issue of ensuring compliance with
the prudential limits on an ongoing basis, including breaches, if any, due to
rating migration.
13. Boards of banks should review
the following aspects of non-SLR investment twice a year:
- Total business (investment and divestment) during
the reporting period;
- Compliance with the prudential limits prescribed
by the Board for non-SLR investments;
- Rating migration of the issuers/issues held
in the bank’s books and consequent diminution in the portfolio quality; and
-
Extent of non-performing investments
in the non-SLR category
Disclosures
14. In order to help in creation
of a central database on private placement of debt, a copy of all offer documents
should be filed with the Credit Information Bureau (India) Ltd. (CIBIL) by the
investing banks. When banks themselves raise debt through private placement,
they should also file a copy of the offer document with CIBIL.
15. Banks should disclose the details
of the issuer composition of non-SLR investments and the non-performing non-SLR
investments in the ‘Notes on Accounts’ of the balance sheet, as indicated in
Appendix II.
Demat Form
16. RRBs should make investment
in non-SLR securities in dematerialized form only.
Trading and settlement in debt
securities
17.As per the SEBI guidelines,
all trades with the exception of the spot transactions in a listed debt security,
shall be executed only on the trading platform of a stock exchange. In addition
to complying with the SEBI guidelines, banks should ensure that all spot transactions
in listed and unlisted debt securities are reported on the NDS and settled through
the CCIL from a date to be notified by RBI.
18. Considering the time required
by issuers to get their existing unlisted
debt issues listed on the stock
exchanges, the following transition time is
provided :
- Investment by banks in units of mutual fund
schemes where the entire corpus is invested in debt securities will be outside
the purview of the above guidelines until December 31 ,2004.
- With effect from January 1, 2005 only investment
in units of such mutual fund schemes which have an exposure to unlisted
securities of less than 10% of the corpus of the fund will be treated on
par with listed securities for the purpose of compliance with the prudential
limits prescribed in the above guidelines.
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