NPA-Non-Performing Asset & SARFAESI
It means once the borrower has failed to
make interest or
principal payments for 90 days, the loan
is considered to be a
non-performing asset.
SARFAESI Act and Rules
SARFAESI Act (The Securitization and
Reconstruction of
Financial Assets and Enforcement of
Security Interest Act,
2002) was enacted to regulate
securitization and
reconstruction of financial assets and
enforcement of security
interest created in respect of Financial
Assets to enable
realization of such assets.
The SARFAESI Act provides for the manner
for enforcement
of security interests by a secured
creditor without the
intervention of a court or tribunal. If
any borrower fails to
discharge his liability in repayment of
any secured debt
within 60 days of notice from the date of
notice by the
secured creditor, the secured creditor is
conferred with
powers under the SARFAESI Act to
a) Takes possession of the secured assets
of the borrower,
including transfer by way of
lease,assignment or sale, for
realizing the secured assets
b) Takeover of the management of the
business of the
borrower including the right to transferby
way of lease,
assignment or sale for
realizing the secured assets,
c) Appoint any person to manage the
secured assets
possession of which is taken by thesecured creditor, and
d) Require any person, who has acquired
any of the secured
assets from the borrower andfrom whom
money is due to
the borrower, to
pay the secured creditor so much of the
money as if sufficient
to pay the secured debt.
The assets portfolio of the banks is
required to be classified as
(1) standard assets (2) sub-standard
assets(3) doubtful
assets and (4) loss assets.
Ø Standard asset is one that does not disclose any problems
and which does not carry more than normal
risk attached
to the business .
Ø An asset which has been classified as NPA for a period
not exceeding 12 months is considered as
sub-standard
asset.
Ø Doubtful asset is one which has remained NPA for a
period exceeding 12 months.
Ø An asset which is considered uncollectible and loss has
been identified by the bank or internal or
external
auditors or the RBI inspection and the
loss has not been
written off is regarded as loss asset
DICGC (Deposit Insurance and Credit
Guarantee Corporation of India)
1. Which banks are insured by the DICGC?
Commercial Banks: All commercial banks
including branches
of foreign banks functioning in India,
local area banks and
regional rural banks are insured by the
DICGC.
2. What does the DICGC insure?
In the event of a bank failure, DICGC
protects bank deposits
that are payable in India. The DICGC
insures all deposits
such as savings, fixed, current,
recurring, etc. except the
following types of deposits.
(i) Deposits of foreign Governments;
(ii) Deposits of Central/State
Governments;
(iii)Inter-bank deposits;
(iv)Deposits of the State Land Development
Banks with the
State co-operative bank;
(v) Any amount due on account of any
deposit received
outside India
(vi) Any amount, which has been
specifically exempted by the
corporation with the previous approval of
Reserve Bank
of India.
3. What is the maximum deposit amount
insured by the
DICGC?
Each depositor in a bank is insured upto a
maximum of
Rs.1,00,000 (Rupees One Lakh) for both
principal and interest
amount held by him in the same capacity.
4. Does the DICGC insure just the
principal on an account or
both principal and accrued interest?
The DICGC insures principal and interest
upto a maximum
amount of Rs. One lakh.
NEFT AND RTGS
NEFT:
National Electronic Funds Transfer (NEFT)
is a nation-wide
payment system facilitating one-to-one
funds transfer.
Under this Scheme, individuals, firms and
corporates can
electronically transfer funds from any
bank branch to any
individual, firm or corporate having an
account with any
other bank branch in the country
participating in the Scheme.
Limit using NEFT:
There is no limit – either minimum or
maximum – on the
amount of funds that could be transferred
using NEFT.
However, maximum amount per transaction is
limited to
Rs.50,000/- for cash-based remittances and
remittances to
Nepal.
RTGS:
Real Time Gross Settlement, which can be
defined as the
continuous (real-time) settlement of funds
transfers
individually on an order by order basis
(without netting).
'Real Time' means the processing of
instructions at the time
they are received rather than at some
later time; 'Gross
Settlement' means the settlement of funds
transfer
instructions occurs individually (on an
instruction by
instruction basis).
Limit using RTGS:
The RTGS system is primarily meant for
large value
transactions. The minimum amount to be
remitted through
RTGS is
Rs. 2 lakhs. There is no upper ceiling for
RTGS transactions.
RTGS v/s NEFT
NEFT is an electronic fund transfer system
that operates on a
Deferred Net Settlement (DNS) basis which
settles
transactions in batches. Contrary to this,
in the RTGS
transactions are processed continuously
throughout the RTGS
business hours.
Accounts for Foreign (Currency/Person)
in India
a) NRO A/c (Foreign Tourist)
1) Foreign tourists during their short
visit to India can open a
Non-Resident (Ordinary) Rupee (NRO)
account (Current /
Savings) with any Authorised Dealer bank
dealing in foreign
exchange. Such account can be opened up to
a maximum
period of 6 months.
2) Tourists can freely make local payments
through the NRO
account. All payments to residents
exceeding INR 50,000 can
be made only by means of cheques / pay
orders / demand
drafts.
b) EEFC A/c
1) Exchange Earners' Foreign Currency
Account (EEFC) is an
account maintained in foreign currency
with an
Authorised Dealer i.e. a bank dealing in
foreign exchange.
2) It is a facility provided to the
foreign exchange earners,
including exporters, to credit 100 per
cent of their foreign
exchange earnings to the account, so that
the account
holders do not have to convert foreign
exchange into
Rupees and vice versa, thereby minimizing
the
transaction costs.
3) All categories of foreign exchange
earners, such as
individuals, companies, etc. who are
resident in India,
may open EEFC accounts.
4) An EEFC account can be held only in the
form of a current
account. No interest is payable on EEFC accounts.
ACCOUNTS FOR NRI/PIO
1. Non-Resident Ordinary Rupee Account
(NRO Account)
Ø NRO accounts may be opened / maintained in the form of
current, savings, recurring or fixed
deposit accounts.
Interest rates offered by banks on NRO
deposits cannot
be higher than those offered by them on
comparable
domestic rupee deposits.
Ø Account should be denominated in Indian Rupees.
Ø NRI/PIO may remit from the balances held in NRO
account an amount not exceeding USD one
million per
financial year, subject to payment of
applicable taxes.
Ø The limit of USD 1 million per financial year includes
sale
proceeds of immovable properties held by
NRIs/PIOs.
2. Non-Resident (External) Rupee Account
(NRE Account)
Ø NRE account may be in the form of savings, current,
recurring or fixed deposit accounts.
Ø Account will be maintained in Indian Rupees.
Ø Accrued interest income and balances held in NRE
accounts are exempt from Income tax.
Ø Authorised dealers/authorised banks may at their
discretion allow for a period of not more
than two weeks,
overdrawings in NRE savings bank accounts,
up to a limit
of Rs.50,000.
Ø Loans up to Rs.100 lakh can be extended against security
of funds held in NRE Account either to the
depositors or
third parties.
3. Foreign Currency Non Resident (Bank)
Account – FCNR
(B) Account
Ø FCNR (B) accounts are only in the form of term deposits
of 1 to 5 years
Ø Account can be in any freely convertible currency.
Ø Loans up to Rs.100 lakh can be extended against security
of funds held in FCNR (B) deposit either
to the depositors
or third parties.
Ø The interest rates are stipulated by the Department of
Banking Operations and Development,
Reserve Bank of
India.
9) Foreign
Accounts in India
a) NRO A/c
(Foreign Tourist)
Can foreign
tourists open a bank account in India during their short visit?
Yes. Foreign tourists
during their short visit to India can open a Non-Resident (Ordinary) Rupee
(NRO) account (Current / Savings) with any Authorised Dealer bank dealing in
foreign exchange. Such account can be opened up to a maximum period of 6
months.
What credits can
be made to such accounts?
Funds remitted from
outside India through banking channel or those obtained by sale of foreign
exchange brought by the tourists to India can be credited to the NRO account.
Can the NRO
account be used for making local payments?
Yes.
Tourists can freely make local payments through the NRO account. All payments
to residents exceeding INR 50,000 can be made only by means of cheques / pay
orders / demand drafts.
b) EEFC A/c
What is an EEFC
Account and what are its benefits?
Ans. Exchange
Earners' Foreign Currency Account (EEFC) is an account maintained in foreign
currency with an Authorised Dealer i.e. a bank dealing in foreign exchange. It
is a facility provided to the foreign exchange earners, including exporters, to
credit 100 per cent of their foreign exchange earnings to the account, so that
the account holders do not have to convert foreign exchange into Rupees and
vice versa, thereby minimizing the transaction costs.
Who can open an
EEFC account?
Ans. All categories
of foreign exchange earners, such as individuals, companies, etc. who are
resident in India, may open EEFC accounts.
What are the
different types of EEFC accounts? Can interest be paid on these accounts?
Ans. An EEFC account
can be held only in the form of a current account. No interest is payable on
EEFC accounts.
Accounts for
NRI/PIO
What are the
different types of accounts which can be maintained by an NRI/PIO in India?
Types of accounts
which can be maintained by an NRI / PIO in India:
A. Non-Resident
Ordinary Rupee Account (NRO Account)
NRO accounts may be
opened / maintained in the form of current, savings, recurring or fixed deposit
accounts. Interest rates offered by banks on NRO deposits cannot be higher than
those offered by them on comparable domestic rupee deposits.
● Account should be
denominated in Indian Rupees.
● Permissible credits
to NRO account are transfers from rupee accounts of non-resident banks,
remittances received in permitted currency from outside India through normal
banking channels, permitted currency tendered by account holder during his
temporary visit to India, legitimate dues in India of the account holder like
current income like rent, dividend, pension, interest, etc., sale proceeds of
assets including immovable property acquired out of rupee/foreign currency
funds or by way of legacy/ inheritance.
● NRI/PIO may remit
from the balances held in NRO account an amount not exceeding USD one million
per financial year, subject to payment of applicable taxes.
● The limit of USD 1
million per financial year includes sale proceeds of immovable properties held
by NRIs/PIOs.
B. Non-Resident
(External) Rupee Account (NRE Account)
1) NRE account may be
in the form of savings, current, recurring or fixed deposit accounts.
2) Such accounts can
be opened only by the non-resident himself and not through the holder of the
power of attorney.
3) Account will be
maintained in Indian Rupees.
4) Accrued interest
income and balances held in NRE accounts are exempt from Income tax.
5) Authorised
dealers/authorised banks may at their discretion allow for a period of not more
than two weeks,
overdrawings
in NRE savings bank accounts, up to a limit of Rs.50,000.
6) Loans up to Rs.100
lakh can be extended against security of funds held in NRE Account either to
the depositors or third parties.
C. Foreign
Currency Non Resident (Bank) Account – FCNR (B) Account
● FCNR (B) accounts
are only in the form of term deposits of 1 to 5 years
● Account can be in
any freely convertible currency.
● Loans up to Rs.100
lakh can be extended against security of funds held in FCNR (B) deposit either
to the depositors or third parties.
●
The interest rates are stipulated by the Department of Banking Operations and
Development, Reserve Bank of India.
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