RBI to decide 'Indian-ness' of banks now

The Reserve Bank of India will decide on the ‘Indian-ness’ of the country’s leading private sector banks as the government deliberates a solution for them without relaxing the provisions of the new foreign direct invesment policy. After over a year of discussions, the government has finally asked the central bank to suggest a framework for deciding on the ownership and control of such banks. The new norms will be based on parameters such as voting rights and the power to appoint directors, a senior government official said. “We need to recognize that the structure of each bank is different and accordingly redefine the concept of ownership and control for the banking sector,” he said. The move will give reprieve to seven private sector lenders including ICICI Bank, HDFC Bank, ING Vysya, Development Credit Bank, Federal Bank, IndusInd Bank and YES Bank that have been branded as foreign banks under the current norms. The long-standing issue, with its roots in Press Note 2 of 2009, was discussed at a recent meeting of the finance ministry, department of industrial policy and promotion and the RBI. Press Note 2 provides for a framework for calculation of total foreign investment in Indian companies, which is based on ownership and control of such firms. It has stated that all types of overseas ownership will be counted as foreign investment. Further, any company with over 50% overseas investment would be considered foreign owned. It defines control as the power to appoint majority of directors on the board of a company. More importantly, all downstream investments by a foreign-owned company would be considered as foreign investment and be subject to sectoral caps and restrictions. After these norms had come out, the banks had taken up the issue with the RBI and had sought clarifications on their exact status and investments. The central bank too had written to the finance ministry and pointed out that ownership and control may not be limited to just equity holding and power to appoint directors. Analysts welcomed the move but have cautioned that it would have to be carefully thought out. There is no straight jacketed approach. The formula would have to be based after a careful review of the interplay of voting rights and economic ownership of banks,” said Nimai Vijay, associate director, PricewaterhouseCoopers.