www.skpcrossborder.com June 2005
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In the News

New banking legislations introduced

The Indian government has begun its process of expediting banking sector reforms with the introduction of two new and important legislations in this sector. The first has been the long-awaited Banking Regulation (Amendment) Bill, introduced by Finance Minister P Chidambaram. The main reform introduced through this Bill is the removal of a 10 % cap on the voting rights of overseas investors in non-government banks. It is interesting to note however that this amendment puts a rider that any person acquiring more than 5 % equity in an Indian bank will have to obtain prior approval from the Reserve Bank of India (RBI). According to statement of objects and reasons, the amendments to the Banking Regulation Act also provides for the RBI to specify acquisition of a minimum percentage of shares in a banking company if it considered necessary.

The second legislation, piloted by Chidambaram, is to amend the Reserve Bank of India Act to provide more operational flexibility to the central bank to set Cash Reserve Ratio. The Reserve Bank of India (Amendment) Bill also empowers to deal in derivatives, to lend or borrow securities and to undertake repo or reverse repos, the other monetary instruments used to deal with excess or inadequate liquidity. The Bill also seeks to empower RBI to specify Statutory Liquidity Ratio without any floor or ceiling to give more operational flexibility.

Our Say

India has been seeking to attract overseas investment to the nation's 31 non-state banks, many of which are constrained by capital shortages and limited geographical reach and need money to compete with bigger rivals, including the private-sector leader, ICICI Bank, and 27 state-owned lenders. Private banks typically have about 200 branches and are attractive to overseas lenders seeking to tap rising demand for personal loans, mortgages and credit cards in India

Foreign banks had cited the 10 % cap as a disincentive to investment in local banks and have demanded voting rights commensurate with ownership. That has hampered government attempts to strengthen a banking industry with fewer assets than China's largest lender, Industrial and Commercial Bank of China.

These are much needed reforms that will improve sentiment and will improve the confidence of an investor or a bank looking at India

The amendment to the Reserve Bank of India Act will give the Central Bank flexibility in fixing the reserve requirements of commercial banks.

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