Role of Frgn Banks Final

Embed Size (px)

Citation preview

  • 8/2/2019 Role of Frgn Banks Final

    1/57

  • 8/2/2019 Role of Frgn Banks Final

    2/57

    Role of foreign banks in Indian banking scenario

    Bachelor of Commerce

    (Banking & Insurance)

    Semester V

    (2011-12)

    Submitted

    In Partial Fulfillment of the requirements

    For the Award of Degree of Bachelor of

    CommerceBanking & Insurance

    By

    Mohit K. Makhija

    SMT.M.M.K. COLLEGE OF COMMERCE AND ECONOMICS

    BANDRA (W)

    MUMBAI-50

  • 8/2/2019 Role of Frgn Banks Final

    3/57

    SMT.M.M.K. COLLEGE OF COMMERCE AND ECONOMICS

    BANDRA (W)

    MUMBAI-50

    CERTIFICATE(20112012)

    This is to certify that MOHIT K. MAKHIJA of B.com (Banking & Insurance)

    Semester V (2011-12) has successfully completed the project on Role of

    foreign banks in Indian banking scenario under the guidance ofDR. A.C.

    VANJANI.

    Date: - 10th October, 2011.

    Place: - MUMBAI

    (Prof. Mr. Vishal R Tomar) (Dr. Ashok Vanjani)

    Course Co-ordinator Principal

    (Prof. Mr. Ashok Vanjani)

    Project Guide External Examiner

  • 8/2/2019 Role of Frgn Banks Final

    4/57

    DECLARATION

    Date: - 10th October, 2011.

    I, Mr. MOHIT K. MAKHIJA the student of B.Com (Banking & Insurance)

    Semester V (2011-12) hereby declare that I have completed the project on

    Role of foreign banks in Indian banking scenario successfully.

    The information submitted is true and original to the best of my knowledge.

    Thank you,

    Yoursfaithfully,

    MOHIT K. MAKHIJA

  • 8/2/2019 Role of Frgn Banks Final

    5/57

    ACKNOWLEDGEMENT

    To make any such in depth project without the help of anybody is not at allpossible. Moreover teamwork is more beneficial than the isolation. In otherwords there are so many external people who directly or indirectly help us inour project.

    First of all I am very grateful to our principal Dr. A. C. Vanjani andcoordinator Mr. Vishal Tomar for their guidance whenever we called for andfor giving me such an informative topic. I have always been welcomed withvery pleasant smile and full co-operation by them.

    Working on the project is hard, need hard work and concentration but I made itpossible with the support which I had received from those around me. I amthankful to all the faculties of our college for giving me guidanceencouragement and right path to work on it. I thank everybody who has directlyor indirectly helped us in this project to make it successful. I am grateful to thewhole staff of MMK College of commerce and economics, as they co-operatedwith us in preparation of our project.

    MOHIT K. MAKHIJA

  • 8/2/2019 Role of Frgn Banks Final

    6/57

    DECLARATION

    Date: - 10th October, 2011.

    I the undersigned Dr. ASHOK VANJANI, have guided Mr. MOHIT K.

    MAKHIJA for her project, she has completed the project Role of foreign

    banks in Indian banking scenario successfully.

    I hereby, declared that information provided in this project is true as per the best

    of my knowledge.

    Thank you,

    Yours faithfully,

    Dr. ASHOK VANJANI

  • 8/2/2019 Role of Frgn Banks Final

    7/57

    Index

    Sr no. Particulars

    1. Introduction

    2. Foreign Banks Branches in India

    3. The need for foreign banks

    4. WTO and India about foreign banks operations

    5. List of Foreign Banks having Representative Offices

    6. RBI favours subsidiary route for foreign bank expansion

    7. Foreign banks set to play bigger role

    8. Roadmap for Presence of Foreign Banks in India

    9. RBI roadmap: Foreign banks get to eye private banks

    10. PROS AND CONS OF FOREIGN BANKS

    11. Rough road ahead for foreign banks setting up units here12. Foreign banks keen to strengthen foothold in India

    13. Headcount of foreign banks down over 6% in 2010: RBI14. RBI may make it mandatory for foreign banks to adopt WOS

    (wholly owned subsidiary) route

    15. How foreign Banks can Enter in India

    16. India to Audit Foreign Banks Operations Prior to Permitting New

    Branches

  • 8/2/2019 Role of Frgn Banks Final

    8/57

    17. Proposed Framework for Presence of foreign banks in India

    18. Measures to contain dominance of foreign banks

    19. Conclusion

    20. Bibliography

  • 8/2/2019 Role of Frgn Banks Final

    9/57

    A Role of Foreign Banks in Indian

    banking scenario.

    Introduction

    Foreign Banks operating in India are banks of other countries having their

    branches in India. At present there are about 37 such banks having a total of

    about 320 branches in most of the big cities of the country. These Foreign

    Banks have a flourishing business and earn large profits. Indian Banks also have

    their branches in other countries, and they, too, are doing well.

    A large number of foreign banks are now keen on opening shop in India, when

    private banking space is expected to open up for foreign players. Foreign Banks

    in India always brought an explanation about the prompt services to customers.

    After the set up foreign banks in India, the banking sector in India also become

    competitive and accurative.

    A new rule announced by the Reserve Bank of India for the foreign banks in

    India in this budget has put up great hopes among foreign banks which allow

    them to grow unfettered. Now foreign banks in India are permitted to set up

    local subsidiaries. The policy conveys that foreign banks in India may not

    acquire Indian ones (except for weak banks identified by the RBI, on its terms)

    and their Indian subsidiaries will not be able to open branches freely.

    There are 47 foreign banks having representative offices in India. The Banco

    Bilbao Vizcaya Argentaria, Spain's second largest bank; and National Australia

    Bank Ltd., are some of the banks that would like to convert their representative

    offices into branches.

  • 8/2/2019 Role of Frgn Banks Final

    10/57

    Standard Chartered Bank, the oldest foreign bank that came to India 150 years

    ago, now operates the maximum number of branches, 96. It is followed by

    HSBC, which entered India in 1867, with 50 branches. Citibank has 42

    branches and the Royal Bank of Scotland N.V. with 31.

  • 8/2/2019 Role of Frgn Banks Final

    11/57

    Foreign Banks Branches in India as on June

    30, 2011

    Sr no. Name of the bank Country ofincorporation

    No. ofbranches inIndia.

    1 AB bank Ltd. Bangladesh 12 The Royal Bank of

    Scotland N.VNetherlands 31

    3 Abu Dhabi CommercialBank Ltd.

    UAE 2

    4 American Express BankingCorporation

    USA 1

    5 Antwerp Diamond BankN.V.

    Belgium 1

    6 Bank InternasionalIndonesia

    Indonesia 1

    7 Bank of America USA 58 Bank of Bahrain & Kuwait

    BSCBahrain 2

    9 Bank of Ceylon Sri Lanka 110 Bank of Nova Scotia Canada 511 Barclays Bank Plc. United Kingdom 1012 BNP Paribas France 813 Credit Agricole Corporate

    &Investment Bank

    France 6

    14 Chinatrust CommercialBank

    Taiwan 1

    15 Citibank N.A. USA 4216 DBS Bank Ltd. Singapore 12

    17 Deutsche Bank Germany 1618 HSBC Ltd Hong Kong 5019 J.P. Morgan Chase Bank

    N.A.USA 1

    20 JSC VTB Bank Russia 1

  • 8/2/2019 Role of Frgn Banks Final

    12/57

    Sr no. Name of the bank Country ofincorporation

    No. ofbranches inIndia.

    21 Krung Thai Bank Public

    Co. Ltd.

    Thailand 1

    22 Mashreq Bank PSC. UAE 223 Mizuho Corporate Bank

    Ltd.Japan 2

    24 Oman International BankSAOG

    Sultanate of Oman 2

    25 Shinhan Bank South Korea 326 Societe Generale France 227 Sonali Bank Ltd. Bangladesh 2

    28 Standard Chartered Bank United Kingdom 9629 State Bank of Mauritius Mauritius 330 The Bank of Tokyo-

    Mitsubishi UFJ Ltd.Japan 3

    31 UBS AG Switzerland 132 FirstRand Bank Ltd South Africa 1

    33 United Overseas Bank Ltd Singapore 134 Commonwealth Bank of

    AustraliaAustralia 1

    35 Sberbank Russia 136 Credit Suisse A.G Switzerland 137 Australia and New Zealand

    Banking Group Ltd.Australia 1

    320

  • 8/2/2019 Role of Frgn Banks Final

    13/57

    The need for foreign banks in India

    Some economists are of the view that Foreign Banks should, not be allowed to

    operate in the country. But permission to such banks to operate in the country is

    unavoidable on the basis of reciprocity. This is certainly the view of the Reserve

    Bank of India, and it is justified by the success of Indian Banks operating in

    foreign countries.

    Indian Banks have been rapidly expanding their overseas operations. Between

    1975 and 1978, the number of offices of Indian Banks in foreign countries had

    increased by 48, from 77 to 125. This is in contrast with the stagnant number of

    Foreign Bank Offices in India. As a consequence, the growth of business of

    Indian Banks has been phenomenal as compared to that of the branches of their

    foreign counterparts in India. Deposits and advances of Indian Banks abroad

    have increased by 14% and 18% respectively, whereas the corresponding

    figures of Foreign Banks in India are 28% and 30% respectively. In terms of

    remittances of the present banks also, Indian banks are ahead. In 1976, they

    remitted Rs. 90 millions to India, where their counterparts remitted Rs. 70

    millions only.

    Indian Banks abroad are involved in many new banking activities. State Bank of

    India and Bank of Baroda, the two leaders in the sphere, are raising foreign

    currency funds, for both private and public sector concerns. In addition, these

    banks are funding many joint ventures in South East Asia. For instance, SBI is

    funding joint ventures in Singapore, Indonesia and Malaysia. The Bank has

    arranged finances to the tune of $ 750 million dollars.

  • 8/2/2019 Role of Frgn Banks Final

    14/57

    We can see clearly that Indian Banks are indeed generating a lot of business

    overseas. At present they are operating in as many as 26 countries of which only

    eight countries have their own bank branches in India. Thus, the question of

    reciprocity does indeed have relevance, because, if we want to seek profitable

    opportunities overseas, we must be prepared to open our own gates also. In

    short, the operation of foreign banks in India is fully justified. It is in our

    national interest.

    WTO and India about foreign banks

    operationsIndia had committed to the World Trade Organization (WTO) in 1997 to give

    12 new branch licenses to foreign banks every year, including those given to

    new entrants and the existing players. However, the Indian regulator has all

    along been allowing foreign banks to open more branches, going beyond its

    commitment to WTO. In fact, till October 2007, it has given its nod to 75 newforeign bank branches and many more ATMs (which do not come under WTO

    norms).

    Standard Chartered Bank, the oldest foreign bank that came to India 150 years

    ago, now operates the maximum number of branches, 96. It is followed by

    HSBC, which entered India in 1867, with 50 branches. Citibank has 342

    branches.

    Despite their growing presence, foreign banks still have a very small market

    share in the Indian banking industry6.11% of total deposits and 6.83% of

    total loan advances. But their returns from Indian operations are far higher than

    those of their local counterparts. For instance, the average net profit per branch

    for foreign banks in India was Rs11.99 crore last year against Rs33 lakh for the

    public sector banks that account for close to 70% of the industry. The return on

  • 8/2/2019 Role of Frgn Banks Final

    15/57

    assets for foreign banks last year was 1.65% and return on equity, 14.02%. The

    comparable figures for public sector banks were 0.82% and 13.62%. Now you

    know why foreign banks are ready to walk the extra mile to do business

    anywhere in India

    The Reserve Bank of India would like foreign banks to get a flavour of semi-

    urban India and the rural hinterland. Going by the statistics provided in the

    RBI's annual report, it appears that foreign banks are being gently nudged away

    from metros, when they apply for permission to open a new branch.

    The branches of foreign banks that have been approved between July 2006 and

    June 2007 are mostly in smaller towns and tier-2 and tier-3 cities..

  • 8/2/2019 Role of Frgn Banks Final

    16/57

    Smaller cities

    Hong Kong and Shanghai Banking Corporation (HSBC) received approvals for

    three branches in Raipur, Jodhpur and Lucknow. ABN Amro got approvals for

    branches in Kolhapur, Salem, Udaipur and Ahmedabad. Barclays Bank received

    approval for branches in Kanchipuram and Bangalore.

    Most foreign banks follow a strategy of first setting up base in metros

    Mumbai, New Delhi, Kolkata and Chennai. Then, in the next stage, they move

    to the mini-metros such as Bangalore, Hyderabad, Pune and Ahmedabad. Over

    the last few years, some banks have talked about expanding their reach beyond

    the conventional circuits of these eight places.

    Foreign banks in India have got approval from the Reserve Bank of India to

    open 10 branches and seven representative offices during the July 2006- June

    2007 period. In the calendar year 2006, the RBI issued approvals for opening 13

    branches of foreign banks in India. Under the WTO agreements, India is

    required to allow the opening of 12 foreign branches every year.

  • 8/2/2019 Role of Frgn Banks Final

    17/57

    List of Foreign Banks having Representative

    Offices in India as on June 30, 2011

    Sr. No. Name of the

    Representative

    Office

    Country of

    incorporation

    Centre Date of

    opening

    1.CommonwealthBank

    Australia Bangalore 7.11.2005

    2.National BankAustralia Ltd

    Australia Mumbai 3.11.2006

    3.Westpac BankingCorporation

    Australia Mumbai 1.10.2007

    4.Raiffeisen ZentralBank OsterreichAG

    Austria Mumbai 1.11.1992

    5.Fortis Bank Belgium Mumbai 6.10.1987

    6.K.B.C. Bank N.V. Belgium Mumbai 1.02.2003

    7.Royal Bank ofCanada

    Canada Mumbai 1.2.2008

    8.Emirates BankInternational

    Dubai Mumbai 16.06.2000

    9.Credit Industriel etCommercial

    France New Delhi 1.04.1997

    10.Natixis France Mumbai 4.01.1999

    11.Bayerische Hypound

    Vereinsbank

    Germany Mumbai 12.07.1995

  • 8/2/2019 Role of Frgn Banks Final

    18/57

    Sr. No. Name of the

    Representative

    Office

    Country of

    incorporation

    Centre Date of

    opening

    12.DZ Bank AGDeutsche ZentralGenossenschaftsBank

    Germany Mumbai 22.02.1996

    13.

    Landesbank Baden

    Wurttemberg

    Germany Mumbai 1.11.1999

    14.Commerzbank Germany Mumbai 23.12.2002

    15.NorddeutscheLandesbankGirozentrale(NORD LB)

    Germany Mumbai 1.9.2008

    16.HSH NordbankAG

    Germany Mumbai 7.4.2008

    17.BayernLB Germany Mumbai 15.4.2008

    18.DEPFA Bank Ireland Mumbai 9.3.2007

    19. Intesa SanpaoloS.p.A Italy Mumbai 1.11.1988

    20.Uni CreditoItaliano

    Italy Mumbai 1.08.1998

    21.Banca Populare DiVerona E Novara

    Italy Mumbai 18.06.2001

  • 8/2/2019 Role of Frgn Banks Final

    19/57

    Sr. No. Name of the

    Representative

    Office

    Country of

    incorporation

    Centre Date of

    opening

    22.BPU Banca Banche PopolariUniteS.c.r.l

    Italy Mumbai 16.01.2006

    23.Monte Dei PaschiDi Sienna

    Italy Mumbai 07.04.2006

    24.Banca Popolare diVicenza

    Italy Mumbai 29.04.2006

    25.Hana Bank South Korea New Delhi

    26.Everest Bank Ltd. Nepal New Delhi 24.03.2004

    27.Caixa Geral deDepositos

    Portugal MumbaiGoa (EC)

    8.11.1999

    28.DnB NOR Norway Mumbai 27.8.2008

    29.Vnesheconombank(Bank for ForeignEconomic Affairs)

    Russia New Delhi 1.3.1983

    30.Promsvyazbank Russia New Delhi 25.04.2006

    31.

    Woori Bank South Korea New Delhi 10.2007

    32.Banco de SabadellSA

    Spain New Delhi 2.08.2004

    33.Banco BilbaoVizcaya Argentaria

    Spain Mumbai 2.4.2007

    34.

    Hatton National

    Bank

    Sri Lanka Chennai 1.01.1999

  • 8/2/2019 Role of Frgn Banks Final

    20/57

    Sr. No. Name of the

    Representative

    Office

    Country of

    incorporation

    Centre Date of

    opening

    35.SvenskaHandlesbanken

    Sweden Mumbai 1.08.2006

    36.SkandinaviskaEnskilda Banken AB

    Sweden New Delhi 1.02.2008

    37.ZurcherKantonalbank

    Switzerland Mumbai 27.06.2006

    38.

    The Bank of New

    York

    USA Mumbai 27.10.1983

    39.Wachovia Bank N.A. USA Mumbai 1.11.1996

    40.Mega Internationalcommercial Bank

    Taiwan Mumbai 2.12.2008

    41.KfW IPEX BankGmbH

    Germany Mumbai 1.4.2009

    42.Korea ExchangeBank

    South Korea New Delhi 27.8.2008

    43.Duncan Lawrie Ltd United Kingdom Kolkata 30.10.2009

    44.First Gulf Bank UAE Mumbai 26.10.2009

    45.Toronto DominionBank

    Canada Mumbai 16.11.2009

    46.CIMB Bank Berhad Malaysia Mumbai 23.11.2010

    47.Sumitomo MitsuiBanking Corporation

    Japan New Delhi 28.4.2011

  • 8/2/2019 Role of Frgn Banks Final

    21/57

    RBI favours subsidiary route for foreign

    bank expansion

    Mumbai: Six years after laying down the road map for foreign banks in India,

    the countrys central bank is set to allow them a bigger role in the worlds

    second fastest growing major economy.

    The Reserve Bank of India (RBI) invited public comments on a discussion

    paper that suggested almost doubling the role of foreign banks in the Indianbanking system, saying it will incentivize foreign players to operate through

    the wholly owned subsidiary route in the country. RBI had given until 7 March

    for comments.

    All new overseas entrants in the Indian banking space will have to locally

    incorporate themselves, and existing players, particularly the systemically

    important ones, will be encouraged to go in for local incorporation and act as

    subsidiaries of foreign parents, RBI said, reported this on 5 October.

    Systemically important banks are those whose assets become 0.25% of the total

    assets of all commercial banks as on 31 March, the central bank said.

    Going by this definition, eight foreign banks, including Citibank NA, HSBC

    Holdings Plc and Standard Chartered Bankfall under this category.

    As an incentive to set up wholly owned subsidiaries, RBI said it may allow

    them to raise rupee resources in the form of non-equity capital, adding that it

    will extend a less restrictive branch expansion policy to foreign players by

    allowing them to operate in semi-urban areas.

    http://www.livemint.com/2011/01/21201606/RBI-favours-subsidiary-route-f.htmlhttp://www.livemint.com/2011/01/21201606/RBI-favours-subsidiary-route-f.htmlhttp://www.livemint.com/2011/01/21201606/RBI-favours-subsidiary-route-f.htmlhttp://www.livemint.com/2011/01/21201606/RBI-favours-subsidiary-route-f.html
  • 8/2/2019 Role of Frgn Banks Final

    22/57

    Noting that it may not be possible to mandate conversion of existing players

    into subsidiaries, RBI said the regulatory expectation would be that those

    foreign banks which meet the conditions and thresholds mandated for subsidiary

    presence for new entrants...would opt for converting their branches into wholly

    owned subsidiaries.

    On capital adequacy for new players, RBI said subsidiaries of foreign banks

    will be treated at par with new private sector banks and shall maintain a

    minimum capital adequacy of 10% of their risk-weighted assets.

    Once the policy is in place, RBI said it will be more liberal in its branch

    licensing policy, but it is difficult to award full national treatment to foreign

    banks because this could lead to unintended consequences for the banking

    sector.

    They will then be treated virtually on par with their domestic peers in terms of

    branch expansion regarding which the banking regulator has all along been

    following a restrictive policy.

    Deutsche Bank AGs managing director and chief executive officer refused to

    comment on the paper because he had not read it. Spokespersons for Standard

    Chartered and HSBC said they will comment only after going through the RBI

    suggestions in totality. Citibank executives could not be reached, a

    spokesperson said.

    Currently, there are 37 foreign banks in India and collectively they have at least

    320 branches, 0.43% of the 71,998-strong branch network across the nation.

    As of 31 March 2011, the share of foreign banks in total banking assets stood at

    10.52%, out of which that of the top five was 7.12%, RBI said. Among these,

  • 8/2/2019 Role of Frgn Banks Final

    23/57

    Citibank has 1.6% of the total assets of the banking system, while that of HSBC

    is 1.52% and Standard Chartered Bank is 1.5%.

    Under a 1997 World Trade Organization (WTO) agreement, total assets offoreign banks in India cannot exceed 15% of the total banking system. But RBI,

    in its discussion paper, has changed the limit in terms of capital and reserves of

    banks.

    As per this, when the capital and reserves of foreign banks in India exceed 25%

    of capital of the banking system, the regulator will put restrictions on the further

    entry of new banks, branch expansion and will make it mandatory to get prior

    approval for capital infusion, RBI said.

    Presently, the net worth of 21 foreign banks stands at 15% of the total banking

    system. Their market share in banking assets is 7.65% for the year ended 31

    March 2011.

    Under the WTO agreement, RBI needs to give 12 new branch licences to

    foreign banks every year, including those given to new entrants and existing

    players, but the Indian regulator has all along been allowing foreign banks to

    open more branches, going beyond its commitment, but not as many as the

    foreign banks want.

  • 8/2/2019 Role of Frgn Banks Final

    24/57

    Foreign banks set to play bigger role

    Mumbai: Five years after laying down the road map for foreign banks play in

    India, the countrys central bank is set to allow them a bigger role in the worlds

    third fastest growing $1 trillion-plus economy after China and Brazil.

    The Reserve Bank of India (RBI) will soon invite public comments on a

    discussion paper that will suggest almost doubling foreign banks share in

    Indian banking assets to 15%.

    All new overseas entrants in the Indian banking space will be asked to locally

    incorporate themselves while existing players will be encouraged to go in for

    local incorporation and act as subsidiaries of foreign parents and not their

    branches.

    Once they do so, they will be treated virtually on a par with their domestic peers

    in terms of branch expansion regarding which the banking regulator has all

    along been following a restrictive policy.

    The central bank is discussing the finer points of the proposal with the

    government and the discussion paper will be put up on its website very soon, a

    person familiar with the development toldMintlast week. The person did not

    want to be named, considering the sensitivity of the issue.

    A senior RBI official, involved in the process of drafting the policy, confirmed

    this on Monday.

    Currently, there are 32 foreign banks in India and collectively they have 310

    branches, 0.43% of the 71,998-strong branch network across the nation.

    Standard Chartered Bank leads the pack with 95 branches, followed by Hong

    Kong and Shanghai Banking Corp. Ltd, or HSBC, (50) and Citibank NA (43).

  • 8/2/2019 Role of Frgn Banks Final

    25/57

    Their market share in banking assets is 7.74% and 8.37% in profits for the year

    ended 31 March. Foreign banks in India account for 5% of the total deposits in

    the banking system, 4.67% of advances and 9.27% of investments.

    Under a 1997 commitment given to the World Trade Organization, RBI needs

    to give 12 new branch licences to foreign banks every year, including those

    given to new entrants and existing players, but the Indian regulator has all along

    been allowing foreign banks to open more branches, going beyond its

    commitment, but not as many as the foreign banks want.

    Once the policy is in place, the regulator will be more liberal in its branch

    licensing policy, but foreign banks may not quite get the national treatment.

    The challenge will be maintaining the 15% cap in assets. What do we do when

    their market share in assets come close to 15%? We wont be able to give them

    a free hand (for branch licences). This is the challenge. We are looking into all

    these, said the RBI official cited above.

    The locally incorporated foreign banks will be subject to the same set of

    banking norms that domestic banks follow. For instance, 40% of their loans will

    have to be given to agriculture, small-scale industries and the weaker sections of

    societythe so-called priority sectorand 25% of their branches need to be

    located in rural India.

    Currently, foreign banks need to channel only 32% of loans to the priority

    sector, which for them also includes loans given to exporters. There is no

    stipulation on rural branches though RBI is relatively liberal with foreign banks

    proposals for setting up branches in such areas.

    Once they choose to take the subsidiary route for Indian operations, foreign

    banks will be given time to achieve the priority sector lending target.

  • 8/2/2019 Role of Frgn Banks Final

    26/57

    Their tax liability will also go down from 40% to around 33%.

    If this is true, it will give us a tremendous play in India. We will be very happy

    to locally incorporate if there are tangible benefits, said the CEO of a foreignbank who did not want to be named as the policy is not yet in the public

    domain.

    A banking consultant, also on condition of anonymity, said: Its all

    mathematics. Once foreign banks market share in assets is doubled, their

    growth will depend on how fast the local players are growing.

    While that is true, historically, foreign banks share of banking assets in India

    has been around 7-8% and once this goes up to 15%, they will definitely play a

    larger role in the country.

    In 2005, RBI released the guidelines on ownership in private banks and

    acquisition norms for foreign banks. It threw a protective ring around local

    players for four years by not allowing foreign banks to make acquisitions in

    India but promised to review its policy after March 2009.

    RBI could not review the policy in 2009 in the wake of the collapse of US

    investment bank Lehman Brothers Holdings Inc., the unprecedented credit

    crunch that the world faced and the dramatic change in risk perception.

    Globally, the focus is on ring-fencing banks to minimize the damage in case of

    a collapse and this can be done better when they are locally incorporated, said

    the RBI official.

    The 2005 guidelines allowed foreign banks to set up wholly owned subsidiaries

    to conduct business in India, but did not change the existing branch licensing

    procedure. No foreign player has taken this route as yet as the norms for the

    wholly owned subsidiaries were never made public.

  • 8/2/2019 Role of Frgn Banks Final

    27/57

    In terms of assets, Citibank is the biggest foreign player in India with Rs95,490

    crore worth of assets in fiscal 2010, followed by HSBC (Rs90,441 crore) and

    Standard Chartered (Rs89,545 crore).

    Their pace of growth has been much slower than local peers. The compound

    annual growth rate (CAGR) of HSBCs assets in the past five years was

    19.27%, Citis 16% and Standard Chartereds 14.27%. In contrast, Axis Bank

    Ltd, which is double the size of HSBCs India operations, has grown at 29.41%.

    HDFC Bank Ltd, another Indian private bank with an asset base of Rs2.23

    trillion, has grown at a five-year CAGR of 24.78%. Even State Bank of India,

    the nations largest lender with Rs10.54 trillion of assets, has grown its book at

    16.36%, better than Citi and Standard Chartered.

    However, the growth in off-balance sheet items in foreign banks books such as

    guarantees, securitized loans, derivatives, among others, have been higher than

    the domestic banks. While calculating their market share, these exposures, too,

    will be taken into account.

    Standard Chartered started its Indian operations by opening its first branch in

    Kolkata in April 1858, a year after the so-called First War of independence in

    which the British East India Co.s army rebelled against the colonial rulers.

    HSBCs origins can be traced back to October 1853, when Mercantile Bank of

    India, London and China was founded in Mumbai. It was acquired by HSBC in

    1959. Citibank is 108 years old.

    Among other foreign banks, Deutsche Bank AG, 30 years old in India, is

    present in 12 centres through 13 branches. Barclays Bank Plc, which launched

    its India operations in November 2006, has seven branches.

  • 8/2/2019 Role of Frgn Banks Final

    28/57

    UBS AG is one of the latest entrants in Indian banking space. Goldman Sachs

    and Morgan Stanley are awaiting RBIs nod to enter commercial banking while

    Nomura is planning to move the regulator for a banking licence.

    With its economy growing at 8.5%, corporate earnings growing at 20% and

    more and more consumers buying homes and cars, India is emerging as one of

    the most lucrative destinations for global banks.

  • 8/2/2019 Role of Frgn Banks Final

    29/57

    Roadmap for Presence of Foreign Banks in India

    It may be recalled that the Ministry of Commerce and Industry, Government of

    India had, on March 5, 2004 revised the existing guidelines on foreign directinvestment (FDI) in the banking sector. These guidelines also included

    investment by non-resident Indians (NRIs) and FIIs in the banking sector.

    As per the guidelines the aggregate foreign investment from all sources was

    allowed up to a maximum of 74 per cent of the paid up capital of the bank while

    the resident Indian holding of the capital was to be at least 26 per cent. It was

    also provided that foreign banks may operate in India through only one of the

    three channels, namely (i) branch/es (ii) a Wholly owned Subsidiary or (iii) a

    subsidiary with an aggregate foreign investment up to a maximum of 74 per

    cent in a private bank. In consultation with the Government of India,RBI has

    released the road map for presence of foreign banks in India to operationalise

    the guidelines.

    The roadmap is divided into two phases. During the first phase, between March

    2005 and March 2009, foreign banks will be permitted to establish presence by

    way of setting up a wholly owned banking subsidiary (WOS) or conversion of

    the existing branches into a WOS.

    To facilitate this, RBI has also issued detailed guidelines. The guidelines cover,

    inter alia, the eligibility criteria of the applicant foreign banks such as

    ownership pattern, financial soundness, supervisory rating and the international

    ranking. The WOS will have a minimum capital requirement of Rs. 300 crore,

    i.e., Rs 3 billion and would need to ensure sound corporate governance. The

    WOS will be treated on par with the existing branches of foreign banks for

    branch expansion with flexibility to go beyond the existing WTO commitments

    of 12 branches in a year and preference for branch expansion in under-banked

  • 8/2/2019 Role of Frgn Banks Final

    30/57

    areas. The Reserve Bank may also prescribe market access and national

    treatment limitation consistent with WTO as also other appropriate limitations

    to the operations of WOS, consistent with international practices and the

    countrys requirements.

    During this phase, permission for acquisition of share holding in Indian private

    sector banks by eligible foreign banks will be limited to banks identified by RBI

    for restructuring. RBI may if it is satisfied that such investment by the foreign

    bank concerned will be in the long term interest of all the stakeholders in the

    investee bank, permit such acquisition. Where such acquisition is by a foreign

    bank having presence in India, a maximum period of six months will be given

    for conforming to the one form of presence concept.

    The second phase will commence in April 2009 after a review of the experience

    gained and after due consultation with all the stakeholders in the banking sector.

    The review would examine issues concerning extension of national treatment to

    WOS, dilution of stake and permitting mergers/acquisitions of any private

    sector banks in India by a foreign bank in the second phase.

  • 8/2/2019 Role of Frgn Banks Final

    31/57

    RBI roadmap: Foreign banks get to eye

    private banks

    Swiftly taking its cue from Finance Minister P Chidambarams Budget speech,

    the Reserve Bank of India (RBI) today came out with a flexible roadmap for

    foreign banks and ownership guidelines for private banks in India. While the

    much-awaited roadmap promises opening up of the sector, the central bank still

    retains considerable discretionary powers.

    While the RBI has provided room for higher levels of shareholding than the

    prescribed limit in private banks, foreign banks are allowedin two stagesto

    convert their branches into wholly-owned subsidiaries and later list their shares

    on the stock exchanges with minimum 26 per cent stake with the public.

    FOR FOREIGN BANKS

    In the first phase (up to 2009), foreign banks already operating in India will be

    allowed to convert their existing branches to wholly-owned subsidiaries.

    To allow Indian banks sufficient time to prepare themselves for global

    competition, entry of foreign banks will initially be permitted only in privatesector banks that are identified by RBI for restructuring.

    In such banks, foreign banks would be allowed to acquire a controlling stake in

    a phased manner, the RBI said.

    In considering an application made by a foreign bank for acquisition of 5 per

    cent or more in the private bank, RBI will take into account the standing and

  • 8/2/2019 Role of Frgn Banks Final

    32/57

    reputation of the foreign bank, globally as well as in India, and the desired level

    and nature of presence of the foreign bank in India.

    The RBI may also specify, if necessary, that the investor bank should make a

    minimum acquisition of 15 per cent or more and may also specify the period of

    time for such acquisition. The overall limit of 74 per cent will be applicable, it

    said.

    In the second phase (after 2009), the subsidiary of foreign banks, on completion

    of a minimum prescribed period of operation, will be allowed to list and dilute

    their stake so that at least 26 per cent of the paid up capital of the subsidiary is

    held by resident Indians at all times consistent with para 1(b) of the Press Note

    2 of March 5, 2004. The dilution may be either by way of initial public offer or

    as an offer for sale.

    After a review is made with regard to the extent of penetration of foreign

    investment in Indian banks and functioning of foreign banks, the RBI said,

    foreign banks may be permittedsubject to regulatory approvals and such

    conditions as may be prescribedto enter into merger and acquisition

    transactions with any private sector bank in India subject to the overall

    investment limit of 74 per cent.

    FOR PRIVATE BANKS

    As a prescribed limit, foreign banks and financial institutions (FIs) stake

    holding in private banks remain capped at 5 per cent while large industrial

    houses will be allowed to acquire, by way of strategic investment, shares not

    exceeding 10 per cent of the paid-up capital of the banksubject to RBIs prior

    approval.

    The RBI has also said that all private sector banksold or newhave tomaintain a minimum net worth of Rs 300 crore. The central bank also made it

  • 8/2/2019 Role of Frgn Banks Final

    33/57

    mandatory for the banks to provide all information to RBI for approval of

    appointment of chairman or CEO.

    However, the RBI allowed a transition arrangement and asked the banks or FIs

    to submit a time-bound plan for abiding to the final guidelines on ownership

    and governance in private banks.

    For maintaining the minimum level of capital, the RBI has asked the banks,

    which are yet to achieve the norm, to adopt and submit a time-bound plan.

    Where the net worth declines to a level below Rs 300 crore, it should be

    restored within a reasonable time, added RBI. The old private banks had earlier

    been given a three-year time period to increase their capital from Rs 200 crore

    to the prescribed level.

    The guidelines are to ensure a diversified ownership and control in private

    sector banks so as to minimise the risk of misuse of leveraged funds. The RBI

    has also said that foreign banks, with presence in the country, or FIs should not

    acquire any fresh stake in a banks equity shares, if by such acquisition, the

    holding exceeds 5 per cent of the investee banks equity capital.

  • 8/2/2019 Role of Frgn Banks Final

    34/57

    PROS AND CONS OF FOREIGN BANKS

    Entry of foreign bank brings both positive and negative effect on the host

    country. These are called pros and cons of foreign bank. The pros include

    better resource allocation, higher competition and efficiency, lower

    probability of financial crisis, enhanced public confidence in the banking

    sector, enhanced access to international capital, and development of the

    underlying bank supervisory and legal framework.

    On the other hand, the cons of foreign bank penetration include loss of

    domestic banks market share, instability of the domestic deposit

    base, credit rationing to small firms, loss of domestic banks profitability,

    foreign domination and control of the banking system, volatility of domestic

    financial markets, and worsening of the domestic financial systems ability

    to respond to large internal and external shocks.

    Pros of Foreign Bank PenetrationIn the main, the reasons for relaxed restrictions on foreign bank participation in

    banking systems all over the world are traceable to the pros (i.e. perceived

    benefits) of foreign bank presence. Several authors have addressed the

    potential benefits of foreign bank entry for the domestic economy in terms

    of better resource allocation and higher efficiency. Foreign banks may

    (i) Enhance a countrys access to international capital.

    (ii) Serve to stimulate the development of the underlying bank

    supervisory and legal framework.

  • 8/2/2019 Role of Frgn Banks Final

    35/57

    (iii) Improve the quality and availability of financial services in the

    domestic financial market by increasing bank competition, and enabling the

    application of more modern banking skills and technology.

    However, foreign banks have to be sizable for there to be any significant

    transfer of banking technology to the domestic banking sector.

    Foreign ownership of banks is often thought to improve overall

    bank soundness, especially when the foreign parent banks belong to

    well-regulated financial systems that are themselves healthy. Such parent

    banks are expected to provide greater access to the capital and liquiditythat bolster balance sheet strength, and to transfer to local banks the skills

    and technology that enhance risk management and internal controls. More

    broadly, foreign bank presence is expected to fortify emerging market

    financial systems by encouraging higher standards in auditing, accounting

    and disclosure, credit risk underwriting, and supervision.

    Foreign banks improve the quality and availability of financial services in

    the domestic financial market by increasing bank competition, and

    enabling the application of more modern banking skills and technology. Thus,

    foreign bank entry has positive welfare implications for all facets of

    customers of banking and other financial institutions.

    Banking crises positively correlate with limitations on foreign bank entry into

    domestic markets. Thus, merely reducing such limitations and easing the ability

    of foreign banks to enter the domestic banking market reduces the incidence

    of banking crises, even if foreign banks do not enter. In sum,

    findings suggest that potential entry of foreign banks proves

    beneficial on the stability of the domestic banking market.

    Regarding the link between foreign penetration and financial stability,

    other things equal, the presence of foreign banks is associated with a lower

  • 8/2/2019 Role of Frgn Banks Final

    36/57

    probability of financial crisis. If foreign-owned banks forestall liquidity

    shocks as a result of being better aided by their highly capitalized parents, a

    country with an internationalized banking sector may be partially isolated from

    bank runs, irrespectively of the risk-taking behaviour of their foreign-owned

    institutions. In fact, the presence of foreign banks prevents a bank run in the

    first place.

    It is also commonly believed that foreign-owned banks provide stability in

    times of financial crises. Studies of the Argentina and Mexico crises indicate

    that in a credit crunch, foreign-owned banks are able to provide credit

    growth that domestic banks are not able to provide In a similar

    element, foreign banks may provide higher and more sustained credit flows

    than their domestic counterparts. However, foreign banks only offer a source

    of stability if their operations are less sensitive to host-market conditions

    than the local banking firms.

    It is also widely believed that the presence of foreign banks helps

    governments to attract further foreign direct investment inflows. Supporters of

    foreign bank entry argue that these banks provide an important channel for

    foreign capital inflows to finance domestic activities. If these foreign funds

    complement rather than substitute for domestic sources of funds, then a net

    expansion of available funds that supports higher economic growth reports

    specific cases in Pakistan, Turkey, and Korea, where foreign banks helped

    to make foreign capital accessible to fund domestic projects.

    Foreign bank presence can promote improvements in government regulation

    and supervision of the financial system due to the unfamiliar business practices

    that they import into the host country. Domestic regulators would initially

    find these unfamiliar business practices difficult to evaluate and supervise;

    however, as time unfolds, new systems and laws would be created to deal

  • 8/2/2019 Role of Frgn Banks Final

    37/57

    with the new problems arising as a result of the fresh lines of activities

    and problems within the financial system.

    Cons of Foreign Bank Penetration

    In the main, the reasons for tightening restriction on foreign bank participation

    in banking systems all over the world are traceable to the cons (i.e. perceived

    demerits) of foreign bank presence. Rather unfortunately, several studies have

    revealed that foreign bank participation has several negative consequences.

    Notable among them are competitive pressures resulting in significant loss of

    domestic banks market share and profitability instability of the domestic

    deposit base especially during times of systemic crises, and the worsening

    of the domestic financial systems ability to respond to large internal and

    external shocks.

    Competitive pressures arising as a result of foreign bank participation in a

    banking system have negative consequences that are evident in various

    ways.

    Firstly, competitive pressures arising as a result of foreign bank

    participation in a banking system could result in significant loss of

    domestic banks market share with various accompanied consequences.

    Gradually and increasingly, international banks have been known to target

    multinational corporations, foreign agencies and international firms. In doing

    so, they leverage off the international banking relationships of their parent

    banks and home country contacts. Under such circumstances, indigenous

    banks have an uphill task retaining or acquiring the accounts of these

    multinationals, foreign companies and agencies.

  • 8/2/2019 Role of Frgn Banks Final

    38/57

    Also, if foreign banks appear more stable than domestic institutions, they may

    attract the best domestic borrowers (higher-profit and lower-risk borrowers),

    putting domestic banks in the more precarious position of lending to

    less credit-worthy borrowers. In this case, indigenous commercial banks are

    forced to give attention to micro and rural credits.

    In a cross-country study, it was found that foreign bank entry leads to a

    decrease in domestic bank profitability, banks non-interest income, and

    bank overall expenses, but only when entry is measured by the share of foreign

    banks in the total number of banks rather than their share in the assets

    of the banking system. Though domestic banks overhead costs are lower

    in countries with substantial foreign bank presence; domestic banks

    pretax profitability in high foreign-entry markets is much lower than in

    markets with low foreign bank presence. From an empirical analysis, also

    found that increased penetration of foreign banks in the domestic banking

    system (as measured by the relative importance of foreign banks in either

    the total number of banks, or total assets, of the banking system) is

    associated with a reduction in both profitability and overhead costs for

    domestic banks. However this indicates an improvement in domestic bank

    efficiency.

    Foreign bank entry has also been discovered to have a statistically

    positive impact on the level of loan loss provisioning of domestic banks.

    This is because foreign bank entry leaves domestic banks to cater for

    relatively less creditworthy customers, or alternatively foreign bank entry

    triggers a strengthening of provisioning regulations affecting all banks, thus

    leading to larger reported provisioning for bad debts by domestic banks

    It has been argued that entry of foreign banks may not lead to enhanced

    stability of the domestic banking system, because their presence per se does not

  • 8/2/2019 Role of Frgn Banks Final

    39/57

  • 8/2/2019 Role of Frgn Banks Final

    40/57

    sympathetic to the cause of the small firms, especially the indigenous ones.

    If foreign banks do indeed follow a strategy of concentrating their lending

    operations only to the most creditworthy corporate (and, to a lesser

    extent, household) borrowers, their presence will be less likely to

    contribute to an overall increase in efficiency in the banking sector, in

    particular, and the financial sector, in general. More importantly, by leading to a

    higher degree of credit rationing to small firms, they may have an adverse

    effect on output, employment, and income distribution.

    Hence, theoretically speaking, an increase in the number of foreign banks

    in a financial system implies a reduction in the aggregate amount of local

    micro-firm financing. This could adversely affect the growth and entry of local

    micro firm.

  • 8/2/2019 Role of Frgn Banks Final

    41/57

    Rough road ahead for foreign banks setting

    up units here

    The Reserve Bank of India (RBI) is currently seeking feedback on the

    implications of foreign banks setting up wholly-owned subsidiaries in India.

    Many large international banks already have an established presence in India.

    They are well integrated into the domestic system, and compete with domestic

    banks. Nonetheless, the recent discussion paper falls short of needs and leaves

    room for a debate. After having unveiled its initial draft road map for foreign

    banks in 2005, the regulator has issued a number of guidelines . However, in

    light of the international economic downturn, it has, to date, deferred from

    making any definitive policy decisions. The latest draft assumes that the global

    economic growth will continue to be muted and retains its conservative

    approach in an effort to provide adequate protection to investors.

    Its stipulations will determine the strategy of the 34 international banksoperating in India which, as on March 31, 2010, in aggregate, held around

    10.52% of the total assets (including credit equivalent of the off-balance sheet

    assets ) of all scheduled commercial. In light of the international debate on the

    "too big, or too connected to fail" issues, it is unsurprising that the RBI has

    adopted a cautious approach towards setting up subsidiaries. In a buoyant

    economy, the relationship between bank branch and parent may be of little

    importance but in adverse conditions, the structure and location of both assets

    and liability may well become critical. In addition to being more flexible

    operationallythe bank branch structure can increase lending capacity based

    on parent bank's capitalfrom a corporate governance perspective , it also

    reduces local dependency as, typically, it facilitates control and support from

    the regional and head office.

  • 8/2/2019 Role of Frgn Banks Final

    42/57

    Foreign banks keen to strengthen foothold

    in India

    (Major foreign banks like ANZ of Australia, Credit Suisse and Goldman Sachs

    are also keen on entering India)

    Mumbai: Foreign banks have been in India for more than 150 years but more

    overseas lenders are now queuing up to set up operations, amid signs that tough

    restrictions on entry may be eased.

    Five to eight foreign banks are seeking to come to India, a source familiar with

    the industry said, with the country viewed as attractive because of gaps in the

    market and a buoyant economy that has created wealthier clients.

    India is in focus. It is a high-growth market, added Abizer Diwanji, head of

    financial services at consultancy KPMG India. Foreign banks are building their

    base here, focusing on high-net-worth clients.

    Last week Britains Standard Chartered Bank raised $530 million in a novel

    share sale through Indian Depository Receipts, which gives Indians an

    opportunity to get a global exposure to banking.

    The London-based lender, which as The Chartered Bank opened its first

    overseas bank in the eastern city of Calcutta in 1858, called the fund-raising

    issuewhich was oversubscribed by more than doublea homecoming.

    Australias third-largest bank, ANZ, has been given the go-ahead for retail and

    wholesale banking operations. Credit Suisse, which already has an Indian

    investment banking, wealth management and mutual fund arm, is following

    suit. Embattled bank Goldman Sachs is also keen to enter India.

  • 8/2/2019 Role of Frgn Banks Final

    43/57

    India is a real market of substance, ANZs chief executive for Asia Pacific,

    Europe and America, Alex Thorsby, has said.

    The presence of foreign banks has brought changes to the way India banks.They were instrumental in bringing automated teller machines (ATMs) and

    credit cards to India.

    But they have still played a limited role in Indias vast lending space, which has

    traditionally been dominated by state-run banks, mainly due to restrictions and

    entry barriers in place until economic liberalisation in the early 1990s.

    Operations still cater to a niche market of wealthy clients in big cities, offering

    specialised products, forex and financial transaction facilities, advisory and

    wealth management services.

    Thirty-four foreign banks are currently operating in India with Citibank,

    Standard Chartered and HSBC currently accounting for 70% of their total

    business.

    In the last five years to March 2009, foreign banks have seen a net profit

    compounded annual growth of 27%, led by interest and fee-based income, a

    report from Mumbai-based HDFC Securities shows.

    India has concentrated on consolidating its domestic banking system over the

    last five years but the Reserve Bank of India says the next phase of expansion

    will see foreign banks role gradually enhanced in a synchronised manner.

    A spokeswoman declined to comment on how many overseas banks are looking

    to set up but said they would clear applications as they come in.

  • 8/2/2019 Role of Frgn Banks Final

    44/57

    The RBI has approved an average 15 bank-branch licences every year for the

    past few years, which is above its commitment of 12 to the World Trade

    Organisation.

    But predictions about when foreign banks will arrive is difficult to assess.

    One issue that could delay entry is the current trouble in the eurozone, which

    could affect strategic decision-making.

    Typically, foreign banks are dependent on the fortunes of their head office,

    said one banking analyst.

    Foreign banks could also face stiff competition from Indian lenders, despite the

    country having a relatively low penetration of financial services, as more private

    banks have come into the sector in the last decade.

    Interest margins for banks have been falling since 2000, according to a report by

    investment bankers and securities firm Execution Noble, as banks fight formarket share across the board.

    In the decade to September 2009, private banks doubled their market share to

    20%, while foreign banks slipped from 8% to 6%, said Execution Nobles Aditi

    Thapliyal

  • 8/2/2019 Role of Frgn Banks Final

    45/57

  • 8/2/2019 Role of Frgn Banks Final

    46/57

    The headcount of RBS employees in the country went down to 2,716 in 2010

    from 3,241 in 2009.

    The decline was more pronounced in the case of Barclays. Its employee strengthin India in 2010 was 1,083, down from 1,534 in the previous year.

    Germany-headquartered Deutsche Bank also registered a dip in its headcount

    from 1,599 in 2009 to 1,498 last year.

    A similar decline was also reported by other foreign lenders operating in India,

    like Societe Generale, Mizuho Corporate Bank, Credit Agricole and Bank ofAmerica.

    Meanwhile, six other lenders -- State Bank of Mauritius, Oman International

    Bank, Mashreqbank, Krung Thai Bank, Bank of Ceylon and Bank Internasional

    Indonesia -- reported no change in their employee strength in India during 2010

    vis-a-vis the previous year.

    Besides Standard Chartered, the other overseas lenders that increased their India

    headcount in 2010 are UBS AG (to 34 employees in 2010 from 18 in 2009),

    Mizuho Corporate Bank (to 126 from 113), Development Bank of Singapore (to

    417 from 359), Bank of Tokyo-Mitsubishi (to 101 from 95), Bank of Nova

    Scotia (to 106 from 105) and American Express Banking Corporation (to 870

    from 857).

  • 8/2/2019 Role of Frgn Banks Final

    47/57

    RBI may make it mandatory for foreign

    banks to adopt WOS

    (wholly owned subsidiary) route

    NEW DELHI: The Reserve Bank is likely to make it mandatory for foreign

    banks in the country to operate as wholly-owned subsidiaries, in line with the

    international practice, so that the central bank can have better control over their

    working.

    Initially, according to sources, the new banks and the existing ones with a few

    branches will be asked to convert into wholly-owned subsidiaries (WoS).

    The larger banks, they said, could be given some more time to adhere to the

    guidelines that are likely to be announced by June-end.

    At present, the foreign banks operate through their branches. Under the WOS

    model, the foreign banks will be required to set up a subsidiary under the

    Companies Act and operate as an Indian entity.

    Sources said that in several countries, including the US and Singapore, it is

    mandatory for banks to operate as WOS.

    In order to align Indian laws with the international best practices, the RBI had

    come out in January with the draft guidelines on the mode of operations for

    foreign banks in India.

    At present, foreign banks like Citi, Standard Chartered and HSBC operate as

    branches, mainly in bigger cities, and do not have the freedom to expand like

    the banks incorporated in India.

  • 8/2/2019 Role of Frgn Banks Final

    48/57

    In its discussion paper, the RBI has said that it expects large banks to convert

    them from branches to WOS and that the banks who adopt the subsidiary model

    would be given preferential treatment for opening of branches.

    The RBI has further called for making it mandatory for foreign banks with more

    than 0.25 per cent share in the Indian banking industry to convert themselves

    from a branch into a WOS.

    It points out that the government has clarified that a company with a foreign

    holding of over 50 per cent is a foreign company.

    At present, there are 37 foreign banks operating in India, with five major banks,

    including StanChart, HSBC, Citibank and Deutsche, accounting for over 70 per

    cent of the the total asset size.

    The discussion paper also said the WOS may be allowed to raise rupee

    resources through non-equity capital instruments.

  • 8/2/2019 Role of Frgn Banks Final

    49/57

    How foreign Banks can Enter in India

    ENTRY OF FOREIGN BANKS IN INDIA

    At present there are 320 branches of foreign banks. The entry of foreign banks

    in India is based on reciprocity, economic and political bilateral relations. These

    banks finance trade and lend to large business groups. They have also

    diversified into merchant and retail banking, security operations, deposit

    mobilization from non-resident Indians and consulting services.

    It is well-known that foreign banks have helped in making Indian banking

    system more competitive and efficient. Consequently, the Government came up

    with a road map for expansion of foreign banks in India. This plan had two

    phases. During the first phase between March 2005 and March 2009 (ie during

    the initial stages of roadmap), foreign banks could establish a presence by way

    of setting up a wholly owned subsidiary (WOS) or conversion of existing

    branches into a WOS.

    Road map For Presence of Foreign Banks in India

    On 28 February 2005, RBI issued Road map for Presence of Foreign Banks in

    India containing the guidelines for (i) setting up of WOS by foreign banks; and

    (ii) conversion of existing branches of foreign banks into WOS.

    The salient features of the guidelines are discussed herein below:

    Eligibility of the Parent Bank

    Foreign banks applying to the RBI for setting up a WOS in India must satisfy

    RBI that they are subject to adequate prudential supervision in their home

    country. The setting up of a wholly-owned banking subsidiary in India should

  • 8/2/2019 Role of Frgn Banks Final

    50/57

    have the approval of the home country regulator. Other factors (but not limited

    to) that will be taken into account while considering the application are:

    Economic and political relations between India and the country of

    incorporation of the foreign bank.

    Financial soundness of the foreign bank.

    Ownership pattern of the foreign bank.

    International and home country ranking of the foreign bank.

    Rating of the foreign bank by international rating agencies.

    International presence of the foreign bank.

    Capital

    The minimum start-up capital requirement for a WOS would be Rs. 3 billion

    and the WOS shall be required to maintain a capital adequacy ratio of 10 per

    cent or as prescribed, from the commencement of its operations. It should be

    noted that the parent foreign bank will continue to hold 100 per cent equity in

    the Indian subsidiary for a minimum prescribed period of operation.

    Corporate Governance

    The composition of the Board of directors should meet the following

    requirements:

    Not less than 50 per cent of the directors should be Indian nationals

    resident in India.

    Not less than 50 per cent of the Directors should be non-executive

    directors

    A minimum of one-third of the directors should be totally independent of

    the management of the subsidiary in India, its parent or associates.

    The directors shall conform to the Fit and Proper criteria as laid down in

    RBIs extant guidelines dated June 25, 2004.

  • 8/2/2019 Role of Frgn Banks Final

    51/57

    Accounting, Prudential Norms and Other Requirements

    The WOS will be subject to the licensing requirements and conditions, broadly

    consistent with those for new private sector banks. It will be treated on par with

    the existing branches of foreign banks for branch expansion. The banking

    subsidiary will be governed by the provisions of the Companies Act, 1956;

    Banking Regulation Act, 1949; Reserve Bank of India Act, 1934; other relevant

    statutes, directives, prudential regulations and guidelines/instructions issued by

    RBI from time to time.

    Conversion of Existing Branches into a WOS

    All the above requirements prescribed for setting up a WOS will be applicable

    to existing foreign bank branches converting into a WOS. In addition, they

    would have to satisfy the following requirements:

    1. Supervisory Comfort

    Permission for conversion of existing branches of a foreign bank into a WOSwill inter alia be guided by the manner in which the affairs of the branches of

    the bank are conducted, compliance with the statutory and other prudential

    requirements and the overall supervisory comfort of the RBI.

    2. Capital Requirements

    The minimum net worth of the WOS on conversion would not be less than Rs. 3

    billion and the WOS will be required to maintain a minimum capital adequacy

    ratio of 10 percent of the risk weighted assets or as may be prescribed from time

    to time. In this connection, RBIs assessment of the net worth will be final.

  • 8/2/2019 Role of Frgn Banks Final

    52/57

    India to Audit Foreign Banks Operations

    Prior to Permitting New Branches

    Nov. 6th. 2009The Reserve Bank of India has confirmed that it will require

    foreign banks to undergo a full audit of their Indian operations prior to be

    allowed to establish new branches.

    India had committed to allowing twelve new branches of foreign banks a year to

    be opened, however in practice has been far more open. Some 32 foreign banks

    currently operate in India with some 300 branches between them.

    Under Indias WTO agreements, the country has the right to exclude licenses

    from banks once their share in the banking system exceeds 15 percent. This

    threshold was passed some time ago. The requirement to audit foreign banks

    before further expansion is to preserve risk management capabilities over

    concerns that any failures could create risks for Indian financial markets.

    India is also pushing for its domestic banks to have greater access in

    international markets and says that the issuance of further main banking licenses

    to foreign banks in India will depend on reciprocity. The move to audit foreign

    banks expansion in India is seen as a sensible precaution in light of the current

    global crisis.

  • 8/2/2019 Role of Frgn Banks Final

    53/57

  • 8/2/2019 Role of Frgn Banks Final

    54/57

    domestic depositors and creditors over other assets is yet to be legally

    tested.

    Keeping the above in view, on balance, the subsidiary model has clear

    advantages over the branch model despite certain downside risks.

    However, under the extant policy as laid down in 2005 Roadmap, no

    foreign bank has approached RBI, for setting up a subsidiary, may be due

    to lack of incentives. Hence there may be a need to incentivise subsidiary

    form of presence of foreign banks.

    From financial stability perspective there would be a need to mandate at

    entry level itself subsidiary form of presence (i.e. wholly owned

    subsidiary-WOS) under certain conditions and thresholds. It would

    likewise be mandatory for those fresh entrants who establish as branches

    to convert to WOS once they meet the conditions and thresholds referred

    to above or which become systemically important over a period by virtue

    of their balance sheet size.

    While deciding the approach towards conversion of existing foreign bankbranches, Indias commitments to WTO will have to be kept in mind.

    It may not, therefore, be possible to mandate conversion of existing

    branches into subsidiaries. However, the regulatory expectation would be

    that those foreign banks which meet the conditions and thresholds

    mandated for subsidiary presence for new entrants or which become

    systemically important by virtue of their balance sheet size wouldvoluntarily opt for converting their branches into WOS in view of the

    incentives proposed to be made available to WOS.

    The branch expansion of both the existing foreign banks and the new

    entrants present in the branch mode would be subject to the WTO

    commitments.

  • 8/2/2019 Role of Frgn Banks Final

    55/57

  • 8/2/2019 Role of Frgn Banks Final

    56/57

    CONCLUSION

    Foreign Banks in India always brought an explanation about the prompt

    services to customers. After the set up foreign banks in India, the banking sector

    in India also become competitive and accurative. India is expected to find a

    place in the strategy of these banks given the country's growth prospects. There

    have been cases of foreign banks closing shops in India too. India's GDP is seen

    growing at a robust pace of around 7 per cent over the next few years, throwing

    up opportunities for the banking sector. Participation in the growth curve of the

    Indian economy in the next four years will provide foreign banks a launch pad

    for greater business expansion when they get more freedom after few years.

  • 8/2/2019 Role of Frgn Banks Final

    57/57

    Bibliography

    www.rbi.org.in

    www.indiastat.com

    www.livemint.com

    www.gooogle.com

    http://www.rbi.org.in/http://www.rbi.org.in/http://www.indiastat.com/http://www.indiastat.com/http://www.livemint.com/http://www.livemint.com/http://www.livemint.com/http://www.gooogle.com/http://www.gooogle.com/http://www.gooogle.com/http://www.gooogle.com/http://www.livemint.com/http://www.indiastat.com/http://www.rbi.org.in/