RBI/2008-2009/488
DBOD.No.DIR.BC.136/13.03.00/2008-09 May 29, 2009
DBOD.No.DIR.BC.136/13.03.00/2008-09 May 29, 2009
All Scheduled Commercial Banks (Excluding RRBs)
Issue of Guarantees by banks
It is observed that, of late, certain banks, in terms of
paragraph 2.4.2.3 (a) of the Master circular RBI/2008-09/79
DBOD.No.Dir.BC.18/13.03.00/2008-09 dated July 1, 2008 (extract
attached) , have been issuing guarantees on behalf of corporate entities in
respect of non-convertible debentures issued by such entities. It is clarified
that the extant instructions apply only to loans and not to bonds or debt
instruments. Guarantees by the banking system for a corporate bond or any debt
instrument not only have significant systemic implications but also impede the
development of a genuine corporate debt market.
Banks are advised to strictly comply with the extant
regulations and in particular, not to provide guarantees or equivalent
commitments for issuance of bonds or debt instruments of any kind.
Extract of Master Circular RBI/2008-09/79
DBOD.No.Dir.BC.18/13.03.00/2008-09 dated July 1, 2008
Banks may issue guarantees favouring other banks/ FIs/
other lending agencies for the loans extended by the latter, subject to strict
compliance with the following conditions .
i. The Board of Directors should reckon the integrity/
robustness of the bank’s risk management systems and, accordingly, put in place
a well-laid out policy in this regard .
The Board approved policy should, among others, address
the following issues:
- Prudential limits, linked to bank’s Tier I capital,
up to which guarantees favouring other banks/FIs/other lending agencies
may be issued
- Nature and extent of security and margins
- Delegation of powers
- Reporting system
- Periodical reviews
ii. The
guarantee shall be extended only in respect of borrower constituents and to
enable them to avail of additional credit facility from other banks/FIs/lending
agencies .
iii.
The guaranteeing bank should assume a funded exposure of at least 10% of the
exposure guaranteed.
iv.
Banks should not extend guarantees or letters of comfort in favour of overseas
lenders including those assignable to overseas lenders. However, AD banks may
also be guided by the provisions contained in Notification No. FEMA 8/2000-RB
dated May 3, 2000 .
v. The
guarantee issued by the bank will be an exposure on the borrowing entity on
whose behalf the guarantee has been issued and will attract appropriate risk
weight, as per the extant guidelines.
vi.
Banks should ensure compliance with the recommendations of the Ghosh Committee
and other internal requirements relating to issue of guarantees, to obviate the
possibility of frauds in this area.
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