A financial system means the structure that is available in an economy to mobilize
the capital from various surplus sectors of the economy and allocate and distribute the same to the various needy sectors.
The transformation of Savings into Investment consumption is facilitated by the active role played by the financial system.
The process of transformation is aided by various types of financial assets suiting the individual needs and demands of both the investors and splendors
The offering of these diverse types of financial assets is supported by role of financial intermediaries who invariably intermediate between these two segments of investors and spenders. Intermediaries are banks, financial institutions, mutual funds etc. FINANCIAL SYSTEMS OVERVIEW Various segments of Financial Markets are:
Money Market
Debt Capital Market
Forex Market
Equity Capital Market FINANCIAL SYSTEMS OVERVIEW CENTRAL BANKING AUTHORITY: It has two roles in Monetary control including:
Controlling Inflation
Bank supervision
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) Financial System
CBA Capital Markets Regulatory Authority Insurance and Pension Regulators Monetary Control Equity and Debt market control Regulatory Framework for insurance companies Supervision over Banks/F.I. Super vision over Super of insurance companies Management of Government Debt Stock exchanges regulating pricing structure of insurance firms Banker to Government brokers framing rules for pension funds Lender of last resort to banks equity and debt raisers regulating pension funds Regulator investment bankers mutual funds listed companies
Monetary Control: prime rates of lending are controlled by
Is ensured through CRR (cash reserve ratio)
Statutory Liquidity Ratio mechanism
Bank and repo rates- the rate at which RBI Lends money to Banks.
Open Market Operations
Selective Credit Control
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) CRR (Cash Reserve Ratio)
The Cash Reserve Ratio (CRR) refers to this liquid cash that banks have to maintain with the Reserve Bank of India (RBI) as a certain percentage of their demand and time liabilities. For example if the CRR is 10% then a bank with net demand and time deposits of Rs 1,00,000 will have to deposit Rs 10,000 with the RBI as liquid cash.
CRR was introduced in 1950 primarily as a measure to ensure safety and liquidity of bank deposits, however over the years it has become an important and effective tool for directly regulating the lending capacity of banks and controlling the money supply in the economy. When the RBI feels that the money supply is increasing and causing an upward pressure on inflation, the RBI has the option of increasing the CRR thereby reducing the deposits available with banks to make loans and hence reducing the money supply and inflation.
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) Statutory liquidity ratio is the amount of liquid assets such as precious metals (gold) or other approved securities (AAA-Rated risk free bonds), that a financial institution must maintain as reserves other than the cash with the Central Bank. The statutory liquidity ratio is a term most commonly used in India.
The objectives of SLR are expansion of bank credit.
To augment the investment of the banks in government securities. To ensure solvency of banks. A reduction of SLR rates looks eminent to support the credit growth in India
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) Bank and repo rates:
Bank rate, also referred to as the discount rate, is the rate of interest which a central bank charges on the loans and advances that it extends to commercial banks and other financial intermediaries. Changes in the bank rate are often used by central banks to control the money supply.
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) Open Market Operations:
This refers to sale or purchase of government securities by RBI in the open market with a view to increase or decrease the liquidity in the banking system and there by affect the loanable funds with banks.
For example, quantitative easing: A government monetary policy occasionally used to increase the money supply by buying government securities or other securities from the market. Quantitative easing increases the money supply by flooding financial institutions with capital, in an effort to promote increased lending and liquidity.
ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) Selective credit control:
RBI issues directive under sector 21 and 35 A of the banking regulation act, stipulating certain restrictions on bank advances against specified sensitive commodities.
RBIs selective credit control directives is to prevent speculative holding of essential commodities (oils, oilseeds, sugar, gur, vanaspati etc. and the resultant rise their prices.
Under selective credit control bank should not allow customers dealing in SCC commodities any credit facilities (including loan against stock, receivables, real estate etc. ROLES AND FUNCTIONS OF RBI (CENTRAL BANKING AUTHORITY) in sharp contrast to the situation before 1991, since then, apart from a transparent communications policy and a broad based consultative approach to policy making, Governors speeches and appearances on the electronic media and the press have been substantial, having significant influence on markets and opinions. In the process, the RBI has gained reputational bonus and public credibility.
financial and external sectors in India have also become relatively more efficient and resilient.
while the effectiveness of monetary policy has improved significantly to meet the evolving demands, some constraints are persisting, which impact the choice and effectiveness of our policy framework.
RECENT DEVELOPMENTS IN INDIAN FINANCIAL SYSTEM
The market in which shares are issued and traded, either through exchanges or over-the-counter markets. Also known as the stock market, it is one of the most vital areas of a market economy because it gives companies access to capital and investors a slice of ownership in a company with the potential to realize gains based on its future performance.
This market can be split into two main sectors: the primary and secondary market. The primary market is where new issues are first offered. Any subsequent trading takes place in the secondary market. INTRODUCTION TO EQUITY MARKET
An amount of money borrowed by one party from another. Many corporations/individuals use debt as a method for making large purchases that they could not afford under normal circumstances. A debt arrangement gives the borrowing party permission to borrow money under the condition that it is to be paid back at a later date, usually with interest.
Bonds, loans and commercial paper are all examples of debt. Loans can be short term and/or long term depending upon the financing need of specific company. Also the loans can be secured, unsecured and convertible in nature. The convertible loans can be converted from debt to equity on pre-specified maturity date.
INTRODUCTION TO DEBT MARKET The RBI institution was established on 1 April 1935 during the British Raj in accordance with the provisions of the Reserve Bank of India Act, 1934.
The Reserve Bank of India was set up on the recommendations of the Hilton- Young Commission. The commission submitted its report in the year 1926, though the bank was not set up for another nine years.
The Preamble of the Reserve Bank of India describes the basic functions of the Reserve Bank as to regulate the issue of bank notes, to keep reserves with a view to securing monetary stability in India and generally to operate the currency and credit system in the best interests of the country. The Central Office of the Reserve Bank was initially established in Kolkata, Bengal, but was permanently moved to Mumbai in 1937.
HISTORICAL ASPECTS OF BANKING INDIA the Indian government developed a centrally planned economic policy and focused on the agricultural sector. The administration nationalized commercial banks and established, based on the Banking Companies Act, 1949 (later called Banking Regulation Act) a central bank regulation as part of the RBI. Furthermore, the central bank was ordered to support the economic plan with loans.
the Indian government nationalized 6 more commercial banks, following 14 major commercial banks being nationalized in 1969
The regulation of the economy and especially the financial sector was reinforced by the Government of India in the 1970s and 1980s. The central bank became the central player and increased its policies for a lot of tasks like interests, reserve ratio and visible deposits. The measures aimed at better economic development and had a huge effect on the company policy of the institutes. The banks lent money in selected sectors, like agri-business and small trade companies
HISTORICAL ASEPCTS OF BANKING Debtor-Creditor Relationship
BANKER CUSTOMER RELATIONSHIP Debtor (loan taker) Loan provider Loan amount approved by creditor and paid to debtor Interest expense paid to creditor by debtor. When loan expires principal amount is also paid to creditor by debtor Creditor:
An entity (person or institution) that extends credit by giving another entity permission to borrow money if it is paid back at a later date. Creditors can be classified as either "personal" or "real".
Those people who loan money to friends or family are personal creditors. Real creditors (i.e. a bank or finance company) have legal contracts with the borrower granting the lender the right to claim any of the debtor's real assets (e.g. real estate or car) if he or she fails to pay back the loan.
BANKER CUSTOMER RELATIONSHIP Creditor:
When creditors are notified of bankruptcy proceedings, they have a couple of options with respect to their claim against the debtor:
they can share in any distribution from the bankruptcy estate according to the priority of their claim. Most unsecured, non-wage claims come low on the priority list.
They can take the debtor to court and challenge a debtor's discharge (the right not to pay back) due to bankruptcy protection. BANKER CUSTOMER RELATIONSHIP Debtor: A company or individual who owes money. If the debt is in the form of a loan from a financial institution, the debtor is referred to as a borrower. If the debt is in the form of securities, such as bonds, the debtor is referred to as an issuer.
It is not a crime to fail to pay a debt. Except in certain bankruptcy situations, debtors can choose to pay debts in any priority they choose. But if you've failed to pay a debt, you have broken a contract or agreement between you and a creditor. Generally, most oral and written agreements for the repayment of consumer debt - debts for personal, family or household purposes secured primarily by a person's residence - are enforceable.
However, most debts for business or commercial purposes must be in writing to be enforceable. If the agreement requires the debtor to pay a certain amount of money, then the creditor does not have to accept a lesser amount. Also, if there was no actual agreement but the creditor has loaned money, performed services or provided the debtor with a product, that debtor must pay the creditor.
BANKER CUSTOMER RELATIONSHIP When Bank is debtor and customer is creditor
This happens when a customer opens can account with the bank. The money is handed over to the bank in a form of debt.
In this case money is lent to the bank and the bank is free to use it in a way most beneficial to it. The bank is not liable to return money in same denominations (type of notes like 50, 100, 500, 1000 are denominations).
Demand of the payment should be made by the customer. The banker is not required to repay the debt voluntarily.
The demand should be made in written by the customer. BANKER CUSTOMER RELATIONSHIP When a customer deposits money with the bank a debtor-creator relationship is established under which the bank acquires the beneficial title to the funds. The bank is entitled to use the funds in any manner it deems fit. The customer does not acquire any interest or charge over the banks general assets and the deposit account is merely an acknowledgement and record of the credit balance standing to customers account.[iii]
When a bank undertakes to act a trustee and holds deposits on trust, the bank has no power to use those deposits as a part of general assets unless the trust instrument expressly authorizes to do so. In such circumstances the trust money may solely be applied to the benefit of the beneficiaries of the trust account. The bank, therefore, in such cases cannot discharge its obligation with respect to the trust property by giving an account of the credit balance.
BANK AS TRUSTEE The word money laundering refers to the use of the financial system to hide the source of funds gained from illegal activity such as drug trafficking, bribery, extortion, embezzlement, theft or other criminal activity, as the criminals try to make their ill gotten gains appear genuine.
Anti Money Laundering is the term used by banks and other financial institutions to describe the variety of measures they have to combat this illegal activity and to prevent criminals from using individual banks and the financial system in general as the conduit for their Proceeds of Crime. In all major jurisdictions around the world, criminal legislation and regulation make it mandatory for banks and financial institutions to have arrangements to combat Money Laundering, with harsh criminal penalties for non-compliance.
ANTI MONEY LAUNDERING (AML) Money laundering is traditionally done in three stages, called Placement, Layering and Integration.
Placement is the physical depositing of the cash.
Layering describes the process of transactions, some very simple, some more complicated and often involving transactions within and between banks and across borders, which seek to confuse the trail back to the original cash.
Integration is the process by which the money is brought back into use by the criminal in the normal economy, often by the purchase of assets (houses, cars, works of art) but which make it appear legitimate.
ANTI MONEY LAUNDERING (AML) Anti money laundering can be implemented by using following
KYC (know your customer)
Due diligence
ANTI MONEY LAUNDERING KYC (Know your customer)
RBI has instructed all Banks to adopt a KYC/AML Policy to prevent criminal elements from using the Banking system for money laundering activities To enable the Bank to know/understand the customers and their financial dealings better, which in turn would help the Bank to manage risks prudently. To put in place appropriate controls for detection and reporting of suspicious activities in accordance with applicable laws/laid down procedures. To comply with applicable laws and regulatory guidelines. To take necessary steps to ensure that the concerned staff is adequately trained in KYC/AML procedures. ANTI MONEY LAUNDERING KYC (Know your customer)
For identity of individuals: passport, pan card, voter id card, driving license and/or letter from authorized public authority.
For companies: Certificate of incorporation and MOA (Memorandum of association) & AOA (articles of association), resolution of the board of directors to open an account and identification of those who have authority to operate account.
For partnerships: registrars certificate, partnership deednames of all partners, power of attorney granted to partner or employee of the firm to transact business on its behalf.
ANTI MONEY LAUNDERING For trusts and foundations: certificate of registration, power of attorney granted to transact business on its behalf-names and addresses of founder, the manager/directors and beneficiaries.
ANTI MONEY LAUNDERING Due diligence
The words Due Diligence in the financial sense describe the process by which a bank or financial institution checks the identity, background and other aspects of the source of wealth of potential and existing customers.
High quality due diligence requires careful and persistent effort by a financial institution to find out about the background and source of wealth of a customer. This provides two key benefits for the risk-aware financial business first, comfort that the firm is not exposing itself to excessive risk of being used by criminals to launder the Proceeds of Crime; and second (and equally important), sufficiently detailed knowledge of the customer's source of wealth and financial position to be able to sell products which are appropriate and which help the customer and the firm to make money.
ANTI MONEY LAUNDERING Section 12, of Prevention of money laundering act, 2002 casts the following reporting obligation for banking companies to director, financial intelligence unit-India
Cash Transactions:
all cash transactions of value more than 10 lacks or its equivalent in foreign currency.
Al series of cash transactions integrally connected to each other where series of transaction value adds up to be more than 10 lacks in Indian currency.
All cash transactions where fake currency notes have been used as genuine and where any forgery of valuable security has taken place.
ANTI MONEY LAUNDERING The major functions of bank are to mobilize deposits from the public and to invest and/or lend these deposits to individuals, firms and corporate institutions.
Types of Deposits
Demand deposits
Time deposits DEPOSIT PRODUCTS OR SERVICES Demand deposits:
Payable on demand
Low interest rates or no interest rate
It includes current, savings, overdue deposits and unclaimed deposits.
Interest is paid on half yearly basis in saving accounts DEPOSIT PRODUCTS OR SERVICES Time deposits:
Repaid after expiry of the deposit period
High interest rates, which vary according to period
Time deposits from 7 days to 120 months period with or without reinvestment plans.
Interest is paid on quarterly rests and is cumulative every quarter. DEPOSIT PRODUCTS OR SERVICES Features of demand deposits:
Current deposits: current deposit accounts are opened to meet the transactions of business and trade and hence are not entitled to any interest from the bank. On the contrary bank levy charges for maintaining the accounts in the form of per page fees, per cheque leaf debit charges, minimum balance fees.
Saving deposits: its purpose is to inculcate a habit of saving. It is opened by individual/trusts et. Interest is paid at a rate as demanded by RBI. DEPOSIT PRODUCTS OR SERVICES Time deposits:
Accounts may be opened by individuals or firms or corporates or by designated institutions.
Amount is repayable on maturity. Banks issues deposits with maturity from seven days to one hundred and twenty months.
Rate of interest is fixed by each bank for different periods.
Deposits are kept for fixed period but could be withdrawn before maturity at a reduced rate of interest.
Tax deducted at source by banks, if the interest paid on deposits is more than 10,000 or more at a time. DEPOSIT PRODUCTS OR SERVICES A banker is under a statutory obligation to make payment of a cheque drawn on an account, if there are sufficient funds in the account properly applicable for making payment.
Negotiable Instruments ACT 1881
this act deals with three kinds of instruments which are widely used in commercial transactions.
Promissory notes Bills of exchange Cheque
PAYMENT AND COLLECTION OF CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Definition of Cheque:
A cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of truncated cheque and a cheque form.
Cheque contrains instruction in writing given by the account holder to his bank for payment of money from his account. There is statutory obligation on part of the banker to make payment of cheque if the cheque is properly drawn, there is sufficient balance in the account and there is no legal restraint on the banks duty to pay.
PAYMENT AND COLLECTION OF CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Order or bearer cheque
Order cheque means that the words after the name in the payto column "bearer " is struck off and/or the words order is written. In that case it is an instruction to the bank to pay the amount of the cheque to the person mentioned in the cheque after identification or to anyone authorised by the person mentioned in the cheque, that too after verification. The bank will ask the person tendering order cheque to provide proof that the person is the same as mentioned in the cheque.
Before making payment, it should be ensured that the amount stated in words and figure talliers.
PAYMENT AND COLLECTION OF CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Cross Cheque
Any cheque crossed with two parallel lines means that the cheque can only be deposited directly into an account with a bank and cannot be immediately cashed by a bank over the counter. By using crossed cheques, cheque writers can effectively protect the cheques they write from being stolen and cashed. PAYMENT AND COLLECTION OF CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Payment in due course
Forgery in order cheque Under section 85(1) , forgery in a bear cheque under section 85(2) and in case of crossed cheque under section 128.
Before making the payment of cheque, the bank should ensure that it is made in due course to enable it to get protection under various provisions act of N.I. Act (negotiable instruments act). PAYMENT AND COLLECTION OF CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS