NRB Directive Summary
NRB Directive Summary
NRB Directive Summary
1
Regulators
2
NRB Regulation - Sources of regulation
NRB Act, 2058
BAFIA, 2063
Company Act, 2063
Foreign Exchange Regulation Act
Other prevailing laws and regulations
International Best Practices and Basel Capital Accord I &
II
International conventions, Policies, and Guidelines
Orders and correspondence of other regulatory
authorities
Monetary Policy Statement
Government & NRB’s decisions
10/11/23 3
Why Regulatory Compliance?
• Duty of supervisory authority
• Strong financial environment
• Enhancing financial/banking sector stability
• Cost of supervision and poor supervision and
compliance
• Corporate governance, market discipline and
management oversight
4
Objectives of NRB
10/11/23 5
Supervision Approaches
on-site inspection
(CAMELS Ratings prepare at on-site inspection)
and,
off-site surveillance
(CAELS Ratings prepare at off-site inspection)
10/11/23 SBBR 6
Supervision Modalities
7
Directive 1
Maintenance of Minimum Capital Fund
8
Items under Core Capital
1. Paid Up-Capital
2. Proposed Bonus Share
3. Share Premium
4. Irredeemable Preference Share
5. General Reserve Fund
6. Cumulative Profit & Loss
7. Capital Redemption Reserve
8. Capital Adjustment Fund
9. Other Free Reserve
9
Items to be deducted from Core Capital
1. Goodwill
2. Fictitious Assets-VRS, Prel. Exp, share issue exp and
deferred revenue exp. (other than R&D, IT Exp., Patent,
copyrights, trademarks and leasehold developments)
3. Excess Investment than Prescribed by NRB (Dir.8/068- 3(4))
4. Investment in equity of lic. Inst. By NRB (If any waive)
5. Investment in Shares(and Securities) of the companies
having financial interest.
6. Prohibited Lending according to prevailing Acts
7. Fixed assets purchased violating the directives of NRB.
10
Supplementary Capital
1. GLLP
2. Exchange Equalization Reserve
3. Assets Revaluation Reserve-50%(upto 2%
of Supplementary Capital)
4. Hybrid Capital Instruments
5. Unsecured Subordinated Term debts (upto
50% of tier 1)
6. Investment Equalization Reserve
11
Total Capital Fund is defined as the sum of Core &
Supplementary Capitals
12
In Existing System ( Except A Class Institution)
13
On Balance Assets with Risk Weight 20%
15
Risk Weightage on Off-Balance Items
Particulars Risk Weighted %
Bills Collection 0
Forward Foreign Exchange Contract 10
LC with Maturity of less than 6 months 20
G’tees provided against counter G’tee of Int. rated foreign Bank 20
LC with Maturity of more than 6 months 50
Bid Bonds, Performance Bonds, Underwriting Commitment 50
Loan Sale with recourse 50
Advance Payment G’tee, Financial G’tee, Other G’tee 100
Irrevocable loan commitment 100
Contingent Liabilities in respect of Income tax 100
All other Contingent Liabilities 100
Unpaid Guarantee Claims 200
16
Basel II : Segregation of the
Exposure(For A class)
• Under Simplified Standardized approach, Exposures are
sub classified into following 11 categories and risk
weighted accordingly.
Claims on government and central banks.
Claims on other official entities.
Claims on banks
Claims on corporate & securities firm.
Claims on regulatory retail portfolios.
Claims secured by residential properties.
Claims secured by commercial real state
Past due claims.
High-risk claims
Other assets
Off-balance sheet items.
17
Pillar II and III
18
Basel II : For A class
19
Capital Adequacy Ratios(CAR)
Core Capital+ Supplementary Capital
Capital Fund Ratio= *100
Total Risk Weighted Assets#
Core Capital
Core Capital Ratio = *100
Total Risk Weighted Assets#
Reporting Requirement:
Form no 1 and 2 (B, C and D)
Capital Adequacy Framework 2007 (updated July 2008) for A
20
In case of Shortfall in Capital Adequacy
PCA Implemented: Different triggers are
enforced on Non compliance
22
Basel III
Transition Period
( Mid July)
2015 2016 2017 2018 2019
Minimum Common Equity Capital Ratio
4.00% 4.50% 4.50% 4.50% 4.50%
Capital Conservation Buffer 1.00% 1.25% 1.50% 2.00% 2.50%
Minimum common equity plus capital conservation
buffer 5.00% 5.75% 6.00% 6.50% 7.00%
Minimum Tier 1 Capital
6.00% 6.00% 6.00% 6.00% 6.00%
(Excluding conservation buffer)
Minimum Total Capital
10.00% 9.75% 9.50% 9.00% 8.50%
Excluding conservation buffer)
Minimum Total Capital (including conservation
buffer ) 11.00% 11.00% 11.00% 11.00% 11.00%
Introduce minimum
Counter Cyclical Buffers 0-2.5% 0-2.5% 0-2.5% 0-2.5%
standard
Introduce minimum Offsite Monitoring Migration to
Leverage Ratio
standard 4.00% Pillar 1
Liquidity coverage ratio Review Existing Framework LCR 100% LCR 100% LCR 100%
Observation Introduce
Net stable funding ratio and Parallel Run minimum Implemented
standard
SIFI Measures
NRB shall issue the regulation.
23
Directive 2
24
Classification of Loan & Advances
25
Rescheduling & Restructuring of Loan
Licensed Institution shall Reschedule or Restructure loans if they are
confident of following points and upon receipt of a written Plan of
Action from the borrower
27
In case of Personal G’tee Loans
28
Adjustment in Provisioning
If the loan is fully written off
If the loan is repaid in installment or
partially, upto the extend of repaid amount
If the payment of interest & principal of
Rescheduled & Restructured loan is regular
upto 2 years
If loan settled
29
Other provisions
•NBA -100% provisioning requirement.
•Credit Purchase/Repurchase and take over – Capital Inadequate banks can’t,
without approval of NRB.
•Conditions for Swap: interest Rate, Capital Adequacy, Repurchase not
permitted at last month of f/y, Bank’s CPG.
•Loan Against FDR: Own FDR, No renewal for Other’s FDR(incase of loan to
cooperatives), Coupon Rate
•IPO
•Lending not allowed for IPO (lending only, unsubscribed within seven
days, 50% margin)
•If Issue manager is subsidiary of licensed inst. Then not allowed to lend.
• Pass or Bad.
• Margin Lending (limit of core capital)
•Average price of 180 days or market price whichever is less,
•Security can’t be revalued.
•Can be renewed on all interest paid.
• Restrction on lending against the Shares of the co. having negative
networth, delisted from NEPSE, Unaudited since last one year.
•Bank Guarantee Claim; within 7 days, otherwise 200% Risk Weight
30
Directive 3
Single Obligors Limit (SOL)
31
NRB guidelines on Limits
SOL - 25% of Core Capital
30% in the sectors like Export, Employment &
Output Generating Activities & SMEs
50 % on Hydro, cable car and transmission
line
The Board also has to decide whether they
wish to continue the exposure in excess of
100% of core capital on an annual basis
32
Constituents of a Group
1. Both companies where one company holds at least 25% of
another company.
2. Individual, Directors, Shareholders, Partners, Proprietors
and members of their undivided family.
3. Companies where persons as stated in 2. hold more than
25% stake
4. Companies whose management is controlled by virtue of
holding a position of chairman, Chief Executive or the
authority to nominate more than 25% of the Board of
directors.
5. Companies and individuals where individuals as stated in 2 .
have provided guarantee to.
33
Waiver in Single Obligor Limits
• NOC, NFC and AIC.
• Loans secured by Fixed Deposits, Govt. and
NRB Bond, unconditional guarantee of
Multilateral Development Banks (IMF, MDB
etc.) and Internationally Rated Banks (Top
1000 Banks as per Banker of July)
34
Lending in excess of SOL
35
Real Estate Loans
• 60% of Fair Market Value, for Loan against the
security of real estate properties. (2/3 for
residential Real Estate)
• Real Estate loan (Res., com. complex etc.) 25%
of Total Loan & Out of this 10% (Other real
estate- land purchase and plotting)
• No renewal and restructuring for the loan
exceeding above limits.
• 150% Risk Weights for the exceeded limit.
36
Directive No-4
37
Guidelines
Fiscal Year Approval for publish
Statutory Form and AGM:
Audit Time (5 Month) Preliminary Audit/R
NRB-NAS-IAS/IFRS Management Reply
Publish in websites and Adjustment if any
newspaper, notice board (by Supervisor)
Restriction to change Final Audit/R
standard form
All Financial Statements
LFAR
Annual Account Publish
38
Accounting Policies
The directive issued by NRB requires banks to
adopt the following accounting policies:
49
50
51 51
52 52
Directives NO 5
Risk Minimization on Banking Business
• Risk classification
• Liquidity Risk
• Interest Rate Risk
• Forex Risk
• Credit and Investment Risk
• Liquidity Risk Minimization: Liquidity profile depending upon
maturity period- and time interval
• Assets and liabilities of balance sheet should be segregated as per
their maturity under the different time buckets
– (0-90 days, 91-180 days, 181-270 days, 271-365 days
and above 1year)-form no. 5.1 Quarterly <15 days to S.
Dept
69
Risk Minimization …..
– Core deposit and minimum balance as primary
deposit can be classification above 1 year
bucket
– LCY Credit/(LCY Deposit+Core Capital )<80%
• Interest Rate Risk Minimization
– RSA and RSL (exclude cash and non-interest
bearing account)
– GAP analysis
– Form No. 5.2 Quarterly <15 days to Supervision
Dept.
70
Risk Minimization …..
Foreign exchange risk minimization
Exchange Fluctuation Fund as per directive 4
Net position of short term (1 month) and long term
Daily Net position of foreign exchange should not
exceed 30 percent of core capital
Form no. 5.3 weekly <7days to Supervision Dept.
Credit and Investment risk minimization
LLP (directive 2)
SOL and Sectoral Limit (directive 3)
Investment Limit and Adjustment Fund (directive 8)
71
NRB Directives No 6: Corporate governance
Code of Conduct of Directors
Minimum Acceptable Code of Conduct
Prohibition going against the interest of
institution
Restriction in doing part time job for CEO
Any director of deposit taking institution will not
be a director of other deposit taking institution
Restriction in taking patronize
Restriction on Misuse of Authority
Responsibility for maintaining Complete recording
and reporting
72
Code of Conduct of Directors…..
Maintaining of trust and confidentiality
Equal treatment for all
Written acceptance to comply code of conduct
Self declaration regarding loan availed any licensed
institution by oneself, family and family
owned/controlled firm.
3 times absent in Board meeting without early
inform assumed to vacant director’s post.
Professional director and family should not owned
promoter share of respective BFIs
73
Duties and Responsibilities of BOD
– Appointment of appropriate CEO
– Employee's Code of Conduct and staff bye-law
– Formulation of Audit Committee
– Completion of Internal audit and report to Audit committee
– Proper inspection and supervision of Institution
– Authority delegation with full responsibility within BOD
– Formulation of CPG, ALM , Budget, planning and policies and
monitoring compliance
– Keep knowledge of all relevant law, rules and directives and
compliance status.
– Restriction to provide Credit and Facilities to directors,
shareholders, employees and its related firms and
companies
74
Others…
– Appointment of CEO
– Code of Conduct of Employee
– Audit Committee- under non executive member
– Loan band to Directors, Promoters, Shareholders,
employee and relater parties
– Good governance act- Code of conduct
– Internal committee/sub-committee
• Audit
• Risk Management
• Employee Service/ HR
75
Reporting Requirements on Code of Conduct
76
Directives NO 7
Supervisory Directive Implementation
• Implementation of directives and guidelines
provided in the context of Inspection and
Supervision
– Board of Directors should provide prompt action on the
remarks and suggestions within 30 days of receiving of
Inspection report of Supervision Department
– Special attention should be given to the areas such as:
Loan Loss provision, Capital adequacy, Assets Liabilities
management, Internal audit and Control,
Implementation of Planning, policies and procedures
– Regular follow up and quarterly progress monitoring
77
LLP and Loan Portfolio Improvement
Plan
• Ensuring addition in loan loss provisioning as
per the requirement of on-site inspection
report in the current quarter and informing it
to NRB
79
Other…..
• Assets liabilities management policy: require
amendments
• Internal audit & control System
• Implementation of plan and policies
• Follow up by NRB
80
Directives NO 8
Investment
– NRB bonds and Government Bond
– Shares and securities
– Valuation of shares and debentures and
– Review of Investment Policy
Investment Policy
Investment policy and procedures should be
prepared and implemented after approving from
BOD.
81
Investment…
– No limit on investment in govt. securities and NRB
Bonds.
– Share & Debentures;
• Investment of the securities of listed companies only
• In case of investment in not listed companies, if the
securities is not listed within one year (in case of newly
opened companies, 2years) from the investment made,
Investment Adjustment Reserves should be created
• For Kha and Ga Class, Limit on real estate 25% of Core
Capital.
• Housing and Land Development; 10% of Core Capital,
Investment in Public Limited Companies only.
82
Investment…
– Investment in corporate share and debenture should not exceed to
one corporate 10% and all corporate 30 % of its Core capital (10% of
paid of capital of that institutions and 25% in D Class institutions).
Excess investment made should be deducted from core capital
– 20 % to companies with financial interests is allowed but it should be
deducted from Core Capital
– Underwriting of Securities
• Ka Class- No limit on underwriting.
• Kha Class- One corporate 20% of CC, All Corporates 100% of CC.
• Ga Class- One corporate 10% of CC, All Corporates 50% of CC
• No restriction in underwriting of share & Debentures of licensed
institutions.
– In case of take over of share of underwriting commitments;
• If not disposed/sold within one year, it should be deducted from Core
Capital
83
Investment…
• Half yearly investment portfolio review and it
should be submitted to NRB after verification
of internal auditor and approval of
management,
• With in Fagun 15 and Bhadra 15 each year.
• Securities are valued at; Cost price or Market
Price whichever is Less.
• When Market price is less than cost price, the
difference amount should be provided for;
“Provision for Possible Loss”.
84
NRB Reporting as per Directive No.9
Submission
Name of Returns Form No. Frequency
Period
85
Other Provisions
If not submitted on time.
Penalty; from Rs 10,000 to Rs 50,000 as per the
classification of the Bank and Financial Institution.
Other actions according to NRB Acts 2058 and
BAFIA.
89
Pledging the Promoter Shares
• Promoter holding >1%: can pledge 50% of their
holding no. of Share
• Loan amount maximum 60% of last transaction Price of
promoter share or 50% price of 180 day’s average
whichever is low.
• Promoter share can not be acquired as NBA.
• It should be sold with 6 months of loan overdue.
• Loan for maximum 1 year only.
• No Restructuring and Rescheduling.
• 100% provisioning in case the loan is in other than pass
Category.
• Mandatory in Blacklisting with in 21 days of due date.
90
Promoter Shares
• Cooperatives can not be the promoter share
holders of the Banks and financial institutions. But
no restrictions in “Gha Class”.
• For this purpose all those shares regarded as
Promoters share which are not allocated through
the process of IPO.
• Promoters, Directors and their Family can’t acquire
the public shares. Exception; in case of under
subscription.
• Promoters shareholders can not be the candidate of
Directors from the groups other than promoters.
91
Promoters Shares…
• Promoters having less than 2% ownership
of paid-up capital of the institutions can
sell or transfer the share without approval
of NRB. But new shareholders should
meet the “Fit and Proper Test” criteria.
– But can not split the share to make less than
2% for this facility.
92
Promoter Shares….
BFIs can transact their promoters share as a
public share listing it in the secondary market
maintaining at least 51% of the promoters in
the institution.
•5 years of Operations.
•Maintaining at least 51% of Promoters.
•Pro-rata Basis among Promoters share
investment.
•Amendment of MoA/AoA, NRB approval
after recommendation of Board of the
institution.
93
Promoter Shares….
• Once converted in public share can’t be
converted into promoters again.
• Only one time basis. (one off basis)
95
Directives NO 11
Consortium Finance
Consortium Finance,
Loose Consortium: combine investment without forming
consortium
Condition for participation: Only Licensed institution but
EPF, CIT, & Insurance can participate under their leading
No additional loan can provided by non-consortium
member without approval of consortium group
Timeframe for lending decision: within 90 days from
formulation of consortium.
Selection of participating banks: right to the borrower and
loan applied bank
Group formation of Consortium banks before disburse
loan
96
Consortium Finance…
Selection of lead banks: bases are loan amount and
banking relation with borrower
Lending and recovery through lead bank
Role and duties, rights and responsibility of Lead
banks
Duties and responsibility of participating banks etc.
Reporting Requirement:
The lead bank should submit the information and
statement as per Form No. 11.1 within 30 days
from the Ashwin, Poush, Chaitra and Ashad month
end.
97
Directives NO 12
• Credit Information and Black Listing
– Credit information is compulsory
– Quarterly report of lending from banks and financial
institutions to CIC
– Customers details up to the lending limits of 25 lacs
– Process of black listing
– Classification of borrowers as willful and non-willful
defaulters
– Provisions for asset valuators (less than 2/3 at auction)
– Actions on false financial statements approved by
auditors: Recommending to ICAN
– Restriction on lending to blacklisted borrowers
– Forfeiture of Passport
– Conditions of inclusion in and removal from black list
etc.
– Membership of CIC
– Publication of Names of blacklisted borrowers>10m
98
Reporting Requirement
• Loan Amount Exceed 25 lakhs Should be reported
with Ka.Su.Fa.No.1 within 15 days of loan
disbursement.
• Regular report as per Ka.Su.Fa.No.2 should be
submitted on quarterly basis till loan will not fully
repaid.
• If any Change in status of reported loan as per
Ka.Su.Fa.No.1, it should be informed within 15
days.
• CICL must publish public notice regarding the
Black listed customer having more than 10M
outstanding on half yearly basis.
99
Directives No 13
• Compulsory Reserve Ratio (CRR)
– A class= 6 % in NRB of their domestic deposit liability
– B and C Class =2% of deposit liability (If they operate the current
A/C, they have to maintain 5 % and 4% respectively)
– D class=0.5% of total savings and borrowings funds ( for group,
personal, special saving), they also have to maintain 2.5% liquid
assets of Total Deposit
– If not NRB there, They can be deposit at current a/c in “Ka” class
Bank
• Statutory Liquidity Ratio (SLR)
– Investment in govt. securities, NRB Balance, Vault Cash
• A Class =12% of Domestic deposit liability;
• B & C Class= 9% & 8 % (6% to those FIs which do not collect current and
call deposit)
100
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Directives No 14
Branch Expansion
– Prior approval is needed to open, close or merger, transfer
of branch offices or any type of offices
– Capital plan should submitted to open a new branch who do
not meet the paid up and minimum capital fund.
– A class, B Class (national level) = one branch in KTM
after two in outside KTM and one in low banking presence
14 districts.
– 1KTM= 2 Outside+1 in 14 districts
– 0% loan granted if the branch opened at low banking
presence districts
– NPA level at prudent level (5%) & capital adequacy,
business plan ( along with IT networking) are most
102
Directives No 14
Branch Expansion…
– C class- additional capital of Rs.20 mil for Ktm,
Rs. 5 mil for each additional branch outside ktm.
– D class: Complying capital adequacy, free to
open, close, merge or transfer within their
working area. ( notification to NRB within 15
days)
– All banks should be open on the day NRB is
opened
– Branch should be opened and operated within 6
month after board approval.
– Action on Non-compliance as per NRB Act
2058 and BAFIA 2063. 103
Directives No 15
• Interest Rate
– All BFIs are free to quote their interest rate. (saving spread 2%)
– D Class institutions are free to quote Flat Rate.
– Interest policy and procedures should be in the
written form and decided by responsible authority.
– Lending and deposit rate should be reported
Quarterly to the NRB within 7 days and any
changes in rate and minimum balance at current &
saving should be published in national newspaper
by national level institutions and in regional level
newspaper by regional level inst.
– Interest income should be accounted in the Cash
Basis not in Accrual Basis
– Base Rete monthly publish
– Spread Rate upto 5%
104
Directives No 16
Financial Resources:
Deposit Debt Instruments IB Borrowing
Resource (Deposit) Mobilization
– A Class = No limit on Resource Mobilization
– B Class = 20 times of core capital
– C Class = 15 times of core capital
– D Class = 30 times of core capital
Institutional deposits Limits:
20 percent per institution for A, B & C class
60 percent overall institution for A, B & C class 105
Directives No 16…
Rules & Process should be formulated,
Borrowing can be collected <one third of total deposit>,
Conditions for Issuance of debenture:
50% of core capital,
Operating since 5 years,
Share issued to the public & listed since 3 Yrs
No accumulated losses.
• Licensed inst. Cannot open any interest bearing
deposit account within them.
• Deposit Insurance: Saving and Fixed deposit upto 2 lakh of Natural
Persons
• Unclaimed Dividend Account
• Unclaimed and dormant deposit account with depositors name should
published at leaset once within 1 month after fiscal year end in national
level newspaper
106
Directives No 17: Deprive Sector Lending
• Definition of deprived sector
- Deprived sector refers to women, minority and
ethnic groups, disabled, small farmers, labor and
landless individuals with low income and socially
backward people.
- Loans given to self employment micro –projects
targeted towards improving the financial and
social position of the individuals falling under
deprived sector is called deprived sector lending
(DSL).
107
Deprive Lending …………………
108
Computations
110
Productive, agri and energy Sector Loans
• Min 20 %, 12 % on later
• Deadline 2072 Ashadh
• For B and C:
• 15 and 10 % within 2073 Ashadh
• Annual action plan with semi-annual
monitoring mechanism (17.2)
• Semiannual review by BOD and
reporting
111
Directives No 18
Merger, Acquisition & Up gradation
Upgrading
• Upgrade only “Kha to Ka” and “Ga to Kha”…….1 step
• Capital Adequate
• Profit making since last 5 years
• NPL Below 5% of total loan
• Meeting all other criteria set by NRB.
• Working area also one step increment/reduction
114
Directives No 21
Electronic Banking Services
• Branchless Banking
• Mobile Banking
• Internet Banking
• E-Card: Debit/Prepaid/Credit
• Responsibility and commitment
• Agreement with Customers
• Authorized Business Agent
• Agent Selection Provisions
• Third Party use for technical service
115
Directives No 22 Consumer Protection and
Literacy
• Transparency
• Simple language
• Information: not ambiguity
• Simple banking: senior citizens and diff. abled
• Changes of charges and condition of financial services
• Account operating and closing charges
• Cheque payment: charges and B’listing
• Interest rate
• Service charges
• Prepayment
• Grievance Desk: hotline and website portal
• Financial literacy program etc.
116
Directives No 23:Miscelleneous
• Banks can work as insurance agency.
• Banks should be away from the use of pirated software.
• Capital Plan should be submitted to NRB.
• Paid-up Capital Requirement:
• A class 8 billion
National Level Regional 4-10 District 1-3 District
B Class: 2.5 billion - 1.2billion
500 M
C Class: 800M - 800 M
400 M
D Class: 100M 60M 20M
10M
*For Leasing transaction
• Loan write off policy.
• Standing Liquidity Facility(SLF).
• Inward Remittance, local remmittance.
• Loan Deed, Mortgage Deed, Hypothecation Agreement and Trust
Reciept agreement should be in Devanagiri Letters. 117
• Others