SEBI and Corporate Laws – July 15, 2019

(C. Jardin) #1

34 SEBI & CORPORATE LAWS - MAGAZINE[Vol. 154
Committee
on
Banking
Supervision,
‘Supervisory
framework
for
measuring
and^
controlling
large
exposures’ 3
was
issued
by
the
said
Committee.
The
same
was^
adopted
by
the
RBI
in
respect
of
banks
in
India.
The
Large
Exposure
Framework
(LEF)
shall
be
applied
by
banks
at
group
level^
(considering
assets
and
liabilities
of
borrower
and
its
subsidiaries,
joint
ventures^
and
associates)
as
well
as
at
solo
level
(considering
the
capital
strength
and^
risk
profile
of
borrower
only).


Reporting of large exposures





As
per
the
LEF,
large
exposures
shall
mean
exposure
of
10 %
or
more
of
the
eligible^
capital
base
of
the
bank
in
a
single
counter-party
or
a
group
of
count
er-parties. -
The
same
shall
be
reported
to
Department
of
Banking
Supervision,
Central^
Office,
Reserve
Bank
of
India.

Limit on large exposures





The
maximum
exposure
of
a
bank
in
a
single
counter-party
shall
not
be
more^
than
20 %
of
its
eligible
capital
base
at
any
time.
This
limit
shall
be
raised
to^
25 %
of
bank’s
eligible
capital
base
in
case
of
a
group
of
counter-parties.
Eligible
capital
base,
in
this
reference
shall
mean
the
aggregate
of
Tier
1
cap
ital -
as
defined
in
Basel
III


  • Capital
    Regulation 4
    as
    per
    the
    latest
    balance
    sheet
    of^
    the
    company,
    infusion
    of
    capital
    under
    Tier
    I
    after
    the
    published
    balance
    sheet^
    date
    and
    profits
    accrued
    during
    the
    year
    which
    are
    not
    in
    deviation
    of
    more^
    than
    25 %
    from
    the
    average
    profit
    of
    four
    quarters.


Applicability





The
LEF
shall
be
applicable
on
all
scheduled
commercial
banks
in
India,
with^
respect
to
their
counterparties
only.
The
LEF
has
become
applicable
with
effect
from
April
1 ,
2019.
The
revised
guidelines^
on
LEF
shall
also
become
applicable
from
the
same
date
with
ret
rospective -
effect
except
for
the
provisions
of
economic
interdependence
and
non-centrally^
cleared
derivative
exposures.

What sort of borrowers are affected?





The
revised
guidelines
had
an
impact
on
the
borrowers
who
used
to
take
advantage^
of
different
entities
and
hide
behind
the
corporate
veil
to
avail
funding.^
The
introduction
of
economic
interdependence
as
a
criteria
for
de
termining -
connected
counterparties
ensures
that
no
same
persons,
whether
promoters^
or
management,
avail
facilities
through
other
entity.


  1. https://www.bis.org/publ/bcbs^283 .pdf

  2. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=^9859 &Mode=^0

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