India: Reserve Bank of India

The Banking Regulation Act, 1949 is a legislation
in India that regulates all banking firms in India. Initially,

the law was applicable only to banking companies. But,
1965 it was amended to make it applicable to cooperative
banks and to introduce other changes.
The Act gives the Reserve Bank of India (RBI) to power to
license banks, have regulation over shareholding and
voting rights of shareholders; supervise the appointment
of the boards and management; regulate the operations
of
banks;
lay
down
instructions
for
audits;
control moratorium, mergers and liquidation;
issue
directives in the interests of public good and on banking
policy, and impose penalties.
The following are the important provisions under Banking Regulation Act, 1949 regarding control
and regulation of Banking Sector in India.
Transfer to reserve fund out of Profits. (Minimum 20 per cent) Maintenance of cash reserves by the
non- scheduled banks. (Minimum 3 per cent) Restrictions on holding shares in other companies.
Restrictions on loans and advances to directors and others. Licensing of banking companies.
Licences for opening of new branches and transfer of existing place of business. Maintenance of a
percentage of liquid as sets (SLR). (Minimum 25 per cent and maximum 40 per cent)
1. Power to call for and publish the information. Preparation of Accounts and Balance Sheets. Audit
of the Balance sheet and Profit & Loss Account. Publication of Audited Accounts and Balance Sheet.
Inspection of books and accounts of banking companies by RBI. Giving directions to banking
companies.
2. Prior approval from RBI for appointment of managing directors.
3. Removal of managerial and any other persons from office.
4. Power of RBI to appoint additional directors
5. Moratorium under the orders of a High Court.
6. Winding up of banking companies.

Requirements regarding minimum paid up capital and reserves: Sections 11 & 12
Limiting the payment of dividends: Section 15
Section 15 prohibits every banking company from paying any dividend on its shares
According to this section no banking company shall pay any dividend on its shares until all its
capitalized expenses such as Preliminary Expenses, Brokerage and Commission on issue of shares,
etc., have been completely written off.
Transfer to Reserve Fund: Section 17
Under Section 17, Banking companies incorporated in India are obligated to transfer to the reserve
fund a sum equivalent to not less than 20% of the profit each year
Maintenance of cash reserve by non-scheduled banks: Section 18
According to Section 18, every banking company not being a scheduled bank (i.e., a non-scheduled
bank) has to maintain in India by way of cash reserve with itself or in current account opened with
the Reserve Bank or the State Bank of India or any notified Bank or partly in cash with itself and
partly in such account or accounts a sum equivalent to at least 3% of its total time and demand
liabilities.
Restrictions on holding of shares in other companies: Section 19
Section 19 of the Act restricts the scope of formation of subsidiary companies by a banking company,
as well as the holding of shares in other companies. That is, this section prevents banking companies
from carrying on trading activities by acquiring a controlling interest in non-banking companies
A banking company may form a subsidiary company for the purposes referred to in the section, as
well as for other purposes as are incidental to the business of banking, subject to the previous
permission in writing of the RBI.
Restrictions on loans and advances: Sections 20 & 21
Section 20 lays down the restrictions on banking companies from entering into any commitment
from granting any loan to any of its director or to any firm in which a director is interested or to any
individual or whom a director stands as a guarantor. Further the banking companies are prohibited
from granting loans or advances on the security of its own shares
Under Section 21, the RBI has been empowered to determine the policy to be followed by the banks
in relation to advances. Thus, RBI gives directions to banking companies on the following matters:
(i) The purposes for which an advance may or may not be granted
(ii) The margins to be maintained in case of secured advances
(iii) The rate of interest charged on advances, other financial accommodation and commission on
guarantees
(iv) The maximum amount of advance or other financial accommodation that a bank may make to or
guarantee that it may issue for, a single party, having regard to the paid-up capital, reserves and
deposits of the concerned bank.
Licensing of banking companies: Section 22
According to this section, no banking company can commence or carry on banking business in India
unless it holds a licence granted to it by the Reserve Bank for the purpose
Control on the opening of new business: Section 23
According to this section, the RBI has been empowered to control the opening of new and transfer of
existing places of business of banking companies. As such, no banking company shall open a new
place of business in India or outside India and change the place without obtaining the prior
permission of the RBI.
Maintenance of a percentage of liquid assets (SLR): Section 24
Under this section, every banking company shall maintain in India in liquid assets for an amount not
less than 25% of the total of its time and demand liabilities
Maintenance of Assets in India: Section 25
Section 25 requires for the maintenance of assets equivalent to at least 75% of its demand and time
liabilities in India
Powers to Publish Information: Section 28
Under this section, the RBI is authorized to publish in the public interest any information obtained
under the Banking Regulation Act. The information is published in the consolidated form as the RBI
may think fit.
Audit of the Balance Sheet and Profit & Loss Account: Section 30
As per this section, the balance sheet and Profit & Loss Account prepared in accordance with Section
29 shall be audited by a person duly qualified under any law for the time being in force to be an
auditor of companies

India: Reserve Bank of India

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India: Reserve Bank of India

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The Banking Regulation Act, 1949 is a legislation

in India that regulates all banking firms in India. Initially,

6. Winding up of banking companies.

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