See Full Document Text
RBI/2022-23/13
DOR.CAP.REC.2/09.18.201/2022-23 April 1, 2022
The Chief Executive Officers
All Primary (Urban) Co-operative Banks
Dear Sir / Madam,
Master Circular - Prudential Norms on Capital Adequacy - Primary (Urban) Co-
operative Banks (UCBs)
Please refer to our Master Circular DCBR.BPD.(PCB).MC.No.10/09.18.201/2015-16
dated July 01, 2015 on the captioned subject.
2. The enclosed Master Circular consolidates and updates all the instructions / guidelines
on the subject issued up to March 31, 2022 as listed in the Appendix.
Yours faithfully
(Usha Janakiraman)
Chief General Manager
Encl: As above
िविनयमन िवभाग,क�द्रीय काया�लय, 12 वी ंऔर 13 वी ंमंिजल, क�द्रीय काया�लय भवन, शहीद भगत िसंह माग�,फोट�,मुंबई-400001
दूरभाष: 022-22601000 फै�: 022-22705691 ई-मेल: cgmicdor@rbi.org.in
____________________________________________________________________________________________________________________________________
Department of Regulation, Central Office, 12th and 13th Floor, Central Office Building, Shahid Bhagat Singh Marg, Fort, Mumbai- 400 001
Tel: 022- 2260 1000 Fax: 022-2270 5691 email: cgmicdor@rbi.org.in
िहंदी आसान है, इसका प्रयोग बढ़ाइएMaster Circular
Prudential Norms on Capital Adequacy -
Primary (Urban) Co-operative Banks (UCBs)
Contents
Sl.
Subject Page No.
No.
1. Introduction 3
2. Statutory Requirements 3
3. Capital Adequacy Norms 3
4. Capital for Market Risk 7
5. Share linking to Borrowings 7
6. Refund of Share Capital 8
7. Measures for protection of investors in regulatory 9
capital instruments specified in Annex-II and Annex-III
8. Returns 9
9. Annex-I - Risk Weights for computation of CRAR 10
10. Annex-II - Guidelines on issuance of Preference 17
Shares
11. Annex-III - Guidelines on issuance of Debt Capital 23
Instruments
12. Annex-IV - Proforma for Returns 29
13. Appendix 32
2Master Circular
Prudential Norms on Capital Adequacy –
Primary (Urban) Co-operative Banks (UCBs)
1. Introduction
Capital acts as a buffer in times of crisis or poor performance by a bank. Sufficiency of
capital also instills depositors' confidence. As such, adequacy of capital is one of the pre-
conditions for licensing of a new bank as well as its continuance in business.
2. Statutory Requirements
In terms of the provisions contained in Section 11 of Banking Regulation Act (AACS), no
co-operative bank shall commence or carry on banking business unless the aggregate
value of its paid-up capital and reserves is not less than one lakh of rupees. In addition,
under Section 22(3)(d) of the above Act, the Reserve Bank prescribes the minimum entry
point capital (entry point norms) from time to time, for setting-up of a new Primary (Urban)
Cooperative Bank.
3. Capital Adequacy Norms
Reserve Bank of India has broadly mandated the Basel-I Framework for Primary (Urban)
Co-operative Banks in India. Accordingly, they shall maintain a minimum Capital to Risk
Weighted Assets Ratio (CRAR) of 9% on an ongoing basis.
Eligible Total Capital
CRAR =
Total Risk Weighted Assets (RWAs)
The capital funds for capital adequacy purposes shall consist of Tier I and Tier II capital
as defined below. The total of Tier II capital shall be limited to a maximum of 100 per cent
of total Tier I capital for the purpose of compliance with CRAR norms.
Risk weights for different categories of exposures of banks are outlined in Annex-I.
3.1 Tier I Capital
Tier I shall comprise the following:
(i) Paid-up share capital1 collected from regular members having voting rights.
(ii) Contributions received from associate / nominal members where the bye-
laws permit allotment of shares to them and provided there are restrictions
1 UCBs are permitted to raise share capital, as hitherto, by way of (i) issue of shares to persons within their
area of operation, in accordance with the provisions of their bye-laws, and (ii) issue of additional shares to the
existing members.
3on withdrawal of such shares, as applicable to regular members.
(iii) Contribution / non-refundable admission fees collected from the nominal
and associate members which is held separately as 'reserves' under an
appropriate head since these are not refundable.
(iv) Perpetual Non-Cumulative Preference Shares (PNCPS), which comply with
the regulatory requirements as specified in Annex-II.
(v) Free Reserves as per the audited accounts. Reserves, if any, created out
of revaluation of fixed assets or those created to meet outside liabilities
should not be included in the Tier I Capital. Free reserves shall exclude all
reserves / provisions which are created to meet anticipated loan losses,
losses on account of fraud etc., depreciation in investments and other
assets and other outside liabilities. For example, while the amounts held
under the head "Building Fund" will be eligible to be treated as part of free
reserves, "Bad and Doubtful Reserves" shall be excluded.
(vi) Capital Reserves representing surplus arising out of sale proceeds of
assets.
(vii) Perpetual Debt Instruments (PDIs) which comply with the regulatory
requirements as specified in Annex-III.
(viii) Any surplus (net) in Profit and Loss Account i.e., balance after appropriation
towards dividend payable, education fund, other funds whose utilisation is
defined, asset loss, if any, etc.
(ix) Outstanding amount in Special Reserve created under Section 36(1) (viii)
of the Income Tax Act, 1961.
Note :
(i) Amount of intangible assets, losses in current year and those brought forward
from previous periods, deficit in NPA provisions, income wrongly recognized on
non-performing assets, provision required for liability devolved on bank, etc. will
be deducted from Tier I Capital.
(ii) For a Fund to be included in the Tier I Capital, the Fund should satisfy two
criteria viz., the Fund should be created as an appropriation of net profit and should
be a free reserve and not a specific reserve. However, if the same has been
created not by appropriation of profit but by a charge on the profit then this Fund
is in effect a provision and hence will be eligible for being reckoned only as Tier II
capital as defined below and subject to a limit of 1.25% of risk weight assets
provided it is not attributed to any identified potential loss or diminution in value of
an asset or a known liability.
(iii) Outstanding Innovative Perpetual Debt Instruments (IPDI) which were issued
in terms of Annex to circular UCB.PCB.Cir.No.39/09.16.900/08-09 dated January
23, 2009 shall also be eligible to be reckoned as Tier-I capital subject to the
4ceilings prescribed in Annexes to this Master Circular. It may be noted that the
Annex to circular dated January 23, 2009 has since been repealed vide circular
No. DOR.CAP.REC.92/09.18.201/2021-22 dated March 08, 2022, and with effect
from March 08, 2022, amount issued through PDI by conversion of existing
deposits as part of revival plan/ financial reconstruction of the UCBs (in terms of
circular dated January 23, 2009) shall comply with the Annex-III of this Master
Circular.
3.2 Tier II Capital
Tier II capital shall comprise the following:
3.2.1 Revaluation Reserves
These reserves often serve as a cushion against unexpected losses, but they
are less permanent in nature and cannot be considered as 'Core Capital'.
Revaluation reserves arise from revaluation of assets that are undervalued in
the bank's books. The typical example in this regard is bank premises and
marketable securities. The extent to which the revaluation reserves can be
relied upon as a cushion for unexpected losses depends mainly upon the
level of certainty that can be placed on estimates of the market value of the
relevant assets, the subsequent deterioration in values under difficult market
conditions or in a forced sale, potential for actual liquidation of those values,
tax consequences of revaluation, etc. Therefore, it would be prudent to
consider revaluation reserves at a discount of 55% when determining their
value for inclusion in Tier II Capital i.e. only 45% of revaluation reserve should
be taken for inclusion in Tier II Capital. Such reserves will have to be reflected
on the face of the balance sheet as revaluation reserves.
3.2.2 General Provisions and Loss Reserves
These would include such provisions of general nature appearing in the books
of the bank which are not attributed to any identified potential loss or a
diminution in value of an asset or a known liability. Adequate care must be
taken to ensure that sufficient provisions have been made to meet all known
losses and foreseeable potential losses before considering any amount of
general provision as part of Tier II capital as indicated above. To illustrate:
General provision for Standard Assets, excess provision on sale of NPAs etc.
could be considered for inclusion under this category. Such provisions which
are considered for inclusion in Tier II capital will be admitted up to 1.25% of
total weighted risk assets.
As per the extant instructions, provisions made for NPAs as per prudential
norms are deducted from the amount of Gross NPAs to arrive at the amount
of Net NPAs. The prudential treatment of different type of provisions and its
treatment for capital adequacy purposes is given below:
5(a) Additional General Provisions (Floating Provisions)
Additional general provisions (floating provisions) for bad debts i.e.,
provisions not earmarked for any specific loan impairments (NPAs) may
be used either for netting off of gross NPAs or for inclusion in Tier II
capital but cannot be used on both counts.
(b) Additional Provisions for NPAs at higher than prescribed rates
In cases where banks make specific provision for NPAs in excess of what
is prescribed under the prudential norms, the total specific provision may
be deducted from the amount of Gross NPAs while reporting the amount
of Net NPAs. The additional specific provision made by the bank will not
be reckoned as Tier II capital.
(c) Excess Provisions on transfer of stressed loans to Asset Reconstruction
Companies (ARC)
In terms of instructions issued vide Reserve Bank of India (Transfer of Loan
Exposures) Directions, 2021 dated September 24, 2021, when the
stressed loan is transferred to ARC at a price higher than the Net Book
Value (NBV) at the time of transfer, UCBs shall reverse the excess
provision on transfer to the profit and loss account in the year the amounts
are received and only when the sum of cash received by way of initial
consideration and / or redemption or transfer of Security Receipts (SR) /
Pass Through Certificates (PTCs)/ other securities issued by ARCs is
higher than the NBV of the loan at the time of transfer. Further, such
reversal shall be limited to the extent to which cash received exceeds the
NBV of the loan at the time of transfer.
Until reversal, such excess provisions shall continue to be shown under
'provisions' and would be considered as Tier II capital subject to the overall
ceiling of 1.25% of risk weighed assets.
(d) Provisions for Diminution in Fair Value
Provisions for diminution in the fair value of restructured accounts, both in
respect of standard assets and NPAs, are permitted to be netted from the
relative loan asset and will not be reckoned as Tier II capital.
3.2.3 Investment Fluctuation Reserve
Balances in the Investment Fluctuation Reserve created out of appropriation
of net profit from the realised gains from the sale of investments held in AFS
& HFT can be reckoned as Tier II capital.
3.2.4 Tier-II capital instruments
UCBs may issue the following instruments to augment their Tier-II capital:
a) Upper Tier-II instruments - Perpetual Cumulative Preference Shares
6(PCPS), Redeemable Non-Cumulative Preference Shares (RNCPS) and
Redeemable Cumulative Preference Shares (RCPS) which comply with the
regulatory requirements as specified in Annex-II.
b) Lower Tier-II instruments - Long Term Subordinated Bonds (LTSB) which
comply with the regulatory requirements as specified in Annex-III.
Note: Outstanding Long Term (Subordinated) Deposits (LTD) which were issued
in terms of Annex-II to the circular UBD.PCB.Cir.No.4/09.18.201/08-09 dated July
15, 2008, and subsequent amendments thereto, shall also be eligible to be
reckoned as Tier-II capital subject to the ceilings prescribed in Annex-III to this
Master Circular. It may be noted that the circular dated July 15, 2008 has since
been repealed vide circular No.DOR.CAP.REC.92/09.18.201/2021-22 dated
March 08, 2022.
4. Capital for Market Risk
4.1 Market risk is defined as the risk of losses in on-balance sheet and off- balance
sheet positions arising from movements in market prices. The market risk positions,
which are subject to capital charge are as under:
• The risks pertaining to interest rate related instruments and equities in the
trading book; and
• Foreign exchange risk (including open position in precious metals) throughout
the bank (both banking and trading books).
4.2 As an initial step towards prescribing capital requirement for market risks,
UCBs were advised to assign an additional risk weight of 2.5 per cent on
investments. These additional risk weights are clubbed with the risk weights
prescribed for credit risk in respect of investment portfolio of UCBs as per Annex-I,
and banks are not required to provide for the same separately. Further, UCBs are
advised to assign a risk weight of 100% on the open position limits on foreign
exchange and gold, and to build up investment fluctuation reserve as per extant
instructions.
4.3 UCBs having AD Category I licence are required to provide capital for market
risk in terms of circular UBD.BPD(PCB)Cir.No.42/09.11.600/2009-10 dated
February 8, 2010.
5. Share linking to Borrowings
Borrowings from UCBs shall be linked to shareholdings of the borrowing members
as below:
(i) 5 per cent of the borrowings, if the borrowings are on unsecured basis.
(ii) 2.5 per cent of the borrowings, in case of secured borrowings.
(iii) In case of secured borrowings by Micro and Small Enterprises (MSEs), 2.5 per
cent of the borrowings, of which 1 per cent is to be collected initially and the
balance of 1.5 per cent is to be collected in the course of next 2 years.
7The above share linking norms may be applicable for member's shareholdings up to
the limit of 5 per cent of the total paid up share capital of the bank. Where a member
is already holding 5 per cent of the total paid up share capital of a UCB, it would not
be necessary for him / her to subscribe to any additional share capital on account of
the application of extant share linking norms. In other words, a borrowing member
may be required to hold shares for an amount that may be computed as per the
extant share linking norms or for an amount that is 5 per cent of the total paid up share
capital of the bank, whichever is lower.
Share-linking to borrowing norms shall be discretionary for UCBs which meet the
minimum regulatory CRAR criteria of 9 per cent and a Tier 1 CRAR of 5.5 per cent
as per the latest audited financial statements and the last CRAR as assessed by
RBI during statutory inspection. Such UCBs shall have a Board-approved policy on
share-linking to borrowing norms which shall be implemented in a transparent,
consistent and non-discriminatory manner. The policy may be reviewed by the Board
at the beginning of the accounting year. UCBs, which do not maintain the minimum
CRAR of 9 percent and Tier 1 CRAR of 5.5 per cent, shall continue to be guided by
the norms on share-linking to borrowing as specified above.
Perpetual Non-Cumulative Preference Shares (PNCPS) held by members /
subscribers, may be treated as shares for the purpose of compliance with the extant
share linking to borrowing norms.
6. Refund of share capital
In terms of Section 12 (2) (ii) read with Section 56 of the BR Act, a co-operative bank
shall not withdraw or reduce its share capital, except to the extent and subject to such
conditions as the Reserve Bank may specify in this behalf. Accordingly, it has been
decided to permit UCBs to refund the share capital to their members, or nominees /
heirs of deceased members, on demand2, subject to the following conditions:
a) The bank’s CRAR is 9 per cent or above, both as per the latest audited financial
statements and the last CRAR as assessed by RBI during statutory inspection.
b) Such refund does not result in the CRAR of the bank falling below regulatory
minimum of 9 per cent.
For the purpose of computing CRAR as above, accretion to capital funds after the
balance sheet date3, other than by way of profits, may be taken into account. Any
reduction in capital funds, including by way of losses, during the aforesaid period shall
also be considered.
2 Subject to the member fulfilling all the eligibility conditions for refund.
3 Capital funds shall be as per audited data
87. Measures for protection of investors in regulatory capital instruments specified
in Annex-II and Annex-III
For the purpose of enhancing investor education on the risk characteristics of
regulatory capital instruments, UCBs, which issue regulatory capital instruments
specified in Annex-II and Annex-III shall adhere to the following conditions:
a) For floating rate instruments, banks should not use its Fixed Deposit rate as
benchmark.
b) A specific sign-off, as quoted below, from the investors, for having understood the
features and risks of the instruments, may be incorporated in the common application
form of the proposed issue:
"By making this application, I / we acknowledge that I / we have understood the
terms and conditions of the issue of [Name of the share/security] being issued by
[Name of the bank] as disclosed in the Prospectus and Offer Document".
c) UCBs shall ensure that all the publicity material / offer document, application form
and other communication with the investor should clearly state in bold letters (Arial
font, size 14, equivalent size in English / Vernacular version) how a PNCPS / PCPS /
RNCPS / RCPS / PDI / LTSB, as the case may be, is different from a fixed deposit,
and that these instruments are not covered by deposit insurance.
d) The procedure for transfer to legal heirs in the event of death of the subscriber of
the instrument should also be specified.
8. Returns
Banks should furnish to the respective Regional Offices annual return indicating (i)
capital funds, (ii) conversion of off-balance sheet / non-funded exposures, (iii)
calculation of risk weighted assets, and (iv) calculation of capital funds and risk assets
ratio. The format of the return is given in the Annex-IV. The returns should be signed
by two officials who are authorized to sign the statutory returns submitted to Reserve
Bank.
9Annex-I
Prudential Norms - Risk Weights for Computation of CRAR
I. Domestic Operations
A. Funded Risk Assets
Assets Items Risk
Weight
I. Balances
i. Cash (including foreign currency notes) Balances 0
with RBI
ii. Balances in current account with UCBs 20
iii. Balances in current account with other banks 20
II. Investments
i. Investment in Government Securities 2.5
ii. Investment in other Approved Securities guaranteed 2.5
by Central Government / State Government
iii. Investment in Other Securities where payment of 2.5
interest and repayment of principal are guaranteed
by Central Govt. (include investment in Indira / Kisan
Vikas Patras and investments in bonds & debentures
where payment of interest and repayment of principal
is guaranteed by Central Govt. / State Government)
iv. Investment in other securities where payment of 2.5
interest and repayment of principal are guaranteed
by State Govt.
Note: Investment in securities where payment of interest or r epayment
of principal is guaranteed by State Government and which has become
a non-performing investment, will attract 102.5 percentage risk weight
(w.e.f. March 31, 2006)
v. Investment in other Approved Securities where 22.5
payment of interest and repayment of principal is not
guaranteed by Central / State Govt.
Investment in Govt. guaranteed securities of 22.5
government undertakings which do not form part of
the approved market borrowing Program
vi. (a) Claims on commercial banks, District Central 20
Co-operative Banks, and State Co-operative
Banks such as fixed deposits, certificates of
deposits, etc.
(b) Claims on other Urban Co-operative banks such
as term / fixed deposits
vii. Investments in bonds issued by All India Public 102.5
financial Institutions.
viii. Investments in bonds issued by Public Financial 102.5
Institutions for their Tier-II Capital
10ix Investment in bonds/ debentures/Security Receipts 102.5
issued by Asset Reconstruction Company
x. All Other Investments 102.5
Note : Intangible assets and losses deducted from Tier I
capital should be assigned zero weight
xi. The off balance sheet (net) position in 'WI' securities, 2.5
scrip-wise.
III. Loans and Advances
i. Loans and advances including bills purchased and 0
discounted and other credit facilities guaranteed by
GOI
ii. Loans guaranteed by State Govt 0
iii. A State Government guaranteed advance which has 100
become a non performing advance (w.e.f 31.03.06)
iv. Loans granted to PSUs of GOI 100
v. Real Estate Exposure
(a) Mortgaged residential housing loan to individuals
- upto ₹30.00 lakh (LTV* ratio =or<75%) 50
- above ₹30.00 (LTV ratio =or<75%). 75
- Irrespective of the loan amount (LTV ratio 100
>75 %).
(b) Commercial Real Estate 100
(c) Co-op / group housing societies and Housing 100
Board and for any other purpose.
(d) Commercial Real Estate – Residential Housing 75
* LTV ratio should be computed as a percentage of total outstanding in the
account (viz. "principal + accrued interest + other charges pertaining to the
loan" without any netting) in the numerator and the realizable value of the
residential property mortgaged to the bank in the denominator
vi. Retail Loans and Advances
(a) consumer credit including personal loan 125
(b) loans up to ₹1 lakh against gold and silver 50
ornaments
(c) all other loans and advances including 100
educational loan.
(d) Loans extended against primary / collateral 127.5
security of shares / debentures
vii. Leased Assets
(a) Loans and advances for eligible activities to 100
NBFCs engaged in hire purchase / leasing
activities now classified as Asset Finance
Companies
(b) loans and advances for eligible activities to 125
Non-Deposit Taking Systemically Important
Non-Banking Finance Companies (NBFC-ND-
SI) engaged in hire purchase / leasing activities
viii. Advances covered by DICGC / ECGC 50
11ix. Portion of housing loan guaranteed by Credit Risk 0
Guarantee Fund Trust for Low Income Housing
(CRGFTLIH). The balance outstanding excess of
guaranteed portion will attract appropriate risk-weight
Note : The risk weight of 50% should be limited to the amount guaranteed
and not the entire outstanding balance in the accounts. In other words, the
outstanding in excess of the amount guaranteed, will carry 100% risk weight.
x. Advances for term deposits, Life policies, NSCs, IVPs 0
and KVPs where adequate margin is available
xi. Loans to staff of banks, which are fully covered by 20
superannuation benefits and mortgage of flat / house
Notes : While calculating the aggregate of funded and non-funded exposure
of a borrower for the purpose of assignment of risk weight, banks may 'net-
off' against the total outstanding exposure of the borrower -
(a) advances Collateralised by cash margins or deposits,
(b) credit balances in current or other accounts of the borrower which are
not earmarked for specific purposes and free from any lien,
(c) in respect of any assets where provisions for depreciation or for bad
debts have been made,
(d) claims recd. from DICGC / ECGC and kept in a separate a/c pending
adjustment in case these are not adjusted against the dues outstanding
in the respective a/cs.
IV. Other Assets
1. Premises, furniture and fixtures 100
2. Other assets
(i) Interest due on Government securities 0
(ii) Accrued interest on CRR balances maintained 0
with RBI
(iii) Interest receivable on staff loans 20
(iv) Interest receivable from banks 20
(v) All other assets 100
V. Market Risk on Open Position
1. Market risk on foreign exchange open position 100
(Applicable to Authorised Dealers only)
2. Market risk on open gold position 100
B. Off-Balance Sheet Items
The credit risk exposure attached to off-Balance Sheet items has to be first
calculated by multiplying the face amount of each of the off-Balance Sheet
items by 'credit conversion factors' as indicated in the table below. This will
then have to be again multiplied by the weights attributable to the relevant
counter-party as specified above.
12Sl. Instruments Credit
No. Conversion
Factor (%)
1 Financial Guarantees/ Direct credit substitutes e.g. 100
general guarantees of indebtedness (including stand
L/Cs serving as financial guarantees for loans and
securities) and acceptances (including
endorsements with character of acceptance)
2 Performance Guarantees/ Related contingent items 50
(e.g. warranties and standby L/Cs related to
particular transactions)
3 Short-term self-liquidating trade-related 20
contingencies (such as documentary credits
collateralised by the underlying shipments)
4 Sale and repurchase agreement and asset sales 100
with recourse, where the credit risk remains with the
bank.
5 Forward asset purchase, forward deposit and partly 100
paid shams and securities, which represent
commitments with certain draw down
6 Note issuance facilities and revolving underwriting 50
facilities
7 Other commitments (e.g., formal standby facilities 50
and credit lines) with an original maturity of over one
year.
8 Similar commitments with an original maturity upto 0
one year, or which can be unconditionally cancelled
at any time.
9 (i) Guarantees issued by banks against the 20
counter guarantees of other banks
(ii) Rediscounting of documentary bills accepted by 20
banks. Bills discounted by banks which have
been accepted by another bank will be treated
as a funded claim on a bank.
Note : In these cases, banks should be fully satisfied that the risk exposure
is, in fact, on the other bank. Bills purchased / discounted / negotiated
under LC (where the payment to the beneficiary is not made 'under
reserve') will be treated as an exposure on the LC issuing bank and not on
the borrower. All clean negotiations as indicated above, will be assigned
the risk weight which is normally applicable to inter-bank exposures, for
capital adequacy purposes. In the case of negotiations 'under reserve'
the exposure should be treated as on the borrower and risk weight
assigned accordingly.
10 Aggregate outstanding foreign exchange contracts of original
maturity -
Less than 14 calendar days 0
13more than 14 days but less than one year 2
for each additional year or part thereof 3
Notes :
While calculating the aggregate of funded and non-funded exposure of a
borrower for the purpose of assignment of risk weight, bank may 'net-off'
against the total outstanding exposure of the borrower credit balances in
current or other accounts which are not earmarked for specific purposes
and free from any lien.
After applying the conversion factor as indicated above, the adjusted off-
Balance Sheet value shall again be multiplied by the weight attributable to
the relevant counter-party as specified.
Note : At present, Primary Urban Cooperative Banks may not be undertaking most of the
off balance sheet transactions. However, keeping in view their potential for expansion, risk-
weights are indicated against various off balance sheet items, which, perhaps Primary Urban
Cooperative Banks may undertake in future.
II. Additional Risk Weights (applicable to Authorised Dealers only)
1. Foreign Exchange and Interest Rate related Contracts
1.1 Foreign exchange contracts include the following:
(a) Cross currency swaps
(b) Forward foreign exchange contracts
(c) Currency futures
(d) Currency options purchased
(e) Other contracts of a similar nature
1.2 Interest rate contracts include the following:
(a) Single currency interest rate swaps
(b) Basis swaps
(c) Forward rate agreements
(d) Interest rate futures
(e) Interest rate options purchased
(f) Other contracts of a similar nature
1.3 As in the case of other off-Balance Sheet items, a two-stage calculation
prescribed below shall be applied:
(a) Step 1 - The notional principal amount of each instrument is
multiplied by the conversion factor given below:
14Original maturity Conversion factor
Interest rate Foreign Exchange
contracts Contracts
Less than one year 0.5% 2%
One year and less 1.0% 5% (i.e. 2% + 3%)
than two years
For each additional 1.0% 3%
year
When effective bilateral netting contracts as specified in paragraph II.3 of this
Annex are in place, the conversion factors, as mentioned in the below table, shall
be applicable4:
Original maturity Conversion factor
Interest Foreign
rate Exchange
contracts Contracts
Less than one year 0.35% 1.5%
One year and less 0.75% 3.75% (i.e.
than two years 1.5% +
2.25%)
For each additional 0.75% 2.25%
year
(b) Step 2 - The adjusted value thus obtained shall be multiplied by the risk weight
allotted to the relevant counter-party as given in I-A above.
Note: At present, most of the Primary (Urban) Cooperative Banks are not carrying out
forex transactions. However, those who have been given A.D's licence may undertake
transactions mentioned above. In the event of any uncertainly in assigning risk weight
against a specific transaction, RBI clarification may be sought for.
2. Repo in Corporate Bonds
UCBs which are lenders of funds in the repo transaction are required to provide
counter-party credit risk corresponding to the risk weight for such exposure as
applicable to the loan / investment exposure.
4 For purposes of calculating the credit exposure to a netting counterparty for forward foreign exchange contracts and other
similar contracts in which notional principal is equivalent to cash flows, the original credit conversion factors (i.e., without
considering the impact of bilateral netting) should be applied to the notional principal, which is defined as the net receipts
falling due on each value date in each currency. In no case should the reduced factors above be applied to net notional
amounts.
153. Requirement for recognition of Bilateral Netting Contract:
(a) UCBs may net transactions subject to novation under which any obligation
between a UCB and its counterparty to deliver a given currency on a given value date
is automatically amalgamated with all other obligations for the same currency and
value date, legally substituting one single amount for the previous gross obligations.
(b) UCBs may also net transactions subject to any legally valid form of bilateral netting
not covered in (a), including other forms of novation.
(c) In both cases (a) and (b), a UCB will need to satisfy that it has:
(i) A netting contract or agreement with the counterparty which creates a single
legal obligation, covering all included transactions, such that the UCB would have
either a claim to receive or obligation to pay only the net sum of the positive and
negative mark-to-market values of included individual transactions in the event a
counterparty fails to perform due to any of the following: default, bankruptcy,
liquidation or similar circumstances.
(ii) Written and reasoned legal opinions that, in the event of a legal challenge, the
relevant courts and administrative authorities would find the UCB's exposure to
be such a net amount under:
• The law of the jurisdiction in which the counterparty is chartered and, if the
foreign branch of a counterparty is involved, then also under the law of the
jurisdiction in which the branch is located.
• The law that governs the individual transactions; and
• The law that governs any contract or agreement necessary to effect the
netting.
(iii) Procedures in place to ensure that the legal characteristics of netting
arrangements are kept under review in the light of possible changes in relevant
law.
(d) Contracts containing walkaway clauses will not be eligible for netting for the
purpose of calculating capital requirements under these guidelines. A walkaway
clause is a provision which permits a non-defaulting counterparty to make only limited
payments or no payment at all, to the estate of a defaulter, even if the defaulter is a
net creditor.
16Annex-II
Guidelines on Issuance of Preference Shares
A. Perpetual Non-Cumulative Preference Shares (PNCPS) eligible for inclusion in Tier-
I capital
UCBs are permitted to issue Perpetual Non-Cumulative Preference Shares (PNCPS) at face
value to their members or any other person residing within their area of operation, with the
prior approval of Reserve Bank of India (RBI). The UCBs shall submit the application seeking
permission, together with the Prospectus / Offer Document / Information Memorandum, to
the concerned Regional Office (RO) of the RBI. A certificate from a Chartered Accountant to
the effect that the terms of the offer document are in compliance with these instructions shall
also be submitted along with the application. The amounts raised through PNCPS shall
comply with the following terms and conditions to qualify for inclusion as Tier-I capital.
2. Terms of Issue
2.1 Limits
The outstanding amount of PNCPS and Perpetual Debt Instruments (PDI) along with
outstanding Innovative Perpetual Debt Instruments (IPDI) shall not exceed 35 per cent of
total Tier-I capital at any point of time. The above limit will be based on the amount of Tier-I
capital after deduction of goodwill and other intangible assets, but before deduction of equity
investment in subsidiaries, if any. PNCPS issued in excess of the overall ceiling of 35 per
cent, shall be eligible for inclusion under Upper Tier-II capital, subject to limits prescribed for
Tier-II capital. However, investors' rights and obligations would remain unchanged.
2.2 Amount
The amount of PNCPS to be raised shall be decided by the Board of Directors of banks.
2.3 Maturity
The PNCPS shall be perpetual.
2.4 Options
a. PNCPS shall not be issued with a 'put option' or 'step up option'.
b. PNCPS may be issued with a call option, subject to following conditions:
i. The call option on the instrument is permissible after the instrument has run for at
least ten years; and
ii. Call option shall be exercised only with the prior approval of Department of Regulation
(DoR), RBI. While considering the proposals received from banks for exercising the
call option, the RBI would, among other things, take into consideration the bank’s
CRAR position both at the time of exercise of the call option and after exercise of the
call option.
172.5 Classification in the Balance Sheet
These instruments shall be classified as 'Capital' and shown separately in the Balance
Sheet.
2.6 Dividend
The rate of dividend payable to the investors will be a fixed rate or a floating rate referenced
to a market determined rupee interest benchmark rate.
2.7 Payment of Dividend
2.7.1 The payment of dividend by the bank shall be subject to availability of distributable
surplus out of current year’s profits, and if:
i. the CRAR is above the minimum regulatory requirement prescribed by RBI
ii. the impact of such payment does not result in bank's CRAR falling below or remaining
below the minimum regulatory requirement prescribed by RBI
iii. the balance sheet as at the end of the previous year does not show any accumulated
loss
2.7.2 The dividend shall not be cumulative, i.e., dividend missed in a year shall not be paid
in subsequent years even if adequate profit is available and the level of CRAR conforms to
the regulatory minimum. When dividend is paid at a rate lesser than the prescribed rate, the
unpaid amount will not be paid in future years, even if adequate profit is available and the
level of CRAR conforms to the regulatory minimum.
2.7.3 All instances of non-payment of dividend / payment of dividend at a rate less than that
specified should be reported by the issuing UCB to the concerned RO of Department of
Supervision (DoS), RBI.
2.8 Seniority of Claim
The claims of the investors in PNCPS shall be senior to the claims of investors in equity
shares and subordinated to the claims of all other creditors and the depositors.
2.9 Voting Rights
The investors in PNCPS shall not be eligible for any voting rights.
2.10 Discount
The PNCPS shall not be subjected to a progressive discount for capital adequacy purposes
since these are perpetual.
2.11 Other Conditions
2.11.1 PNCPS shall be fully paid-up, unsecured, and free of any restrictive clauses.
182.11.2 UCBs shall also comply with the terms and conditions, if any, stipulated by other
regulatory authorities in regard to issue of the PNCPS, provided they are not in conflict with
the terms and conditions specified in these guidelines. Any instance of conflict shall be
brought to the notice of DoR of RBI for seeking confirmation of the eligibility of the instrument
for inclusion in Tier I capital.
2.12 Compliance with Reserve Requirements
2.12.1 The total amount raised by the bank by issue of PNCPS shall not be reckoned as
liability for calculation of net demand and time liabilities for the purpose of reserve
requirements and, as such, will not attract CRR / SLR requirements.
2.12.2 However, the amount collected from members / prospective investors and held
pending allotment of the PNCPS, shall be reckoned as liability for the purpose of calculating
the net demand and time liabilities and shall, accordingly, attract reserve requirements. Such
amounts shall not be reckoned for calculation of capital funds.
2.13 Reporting Requirements
UCBs issuing PNCPS shall submit a report to the concerned RO of DoS, RBI, giving details
of the capital raised, including the terms and conditions of issue together with a copy of the
Prospectus / Offer Document, soon after the issue is completed.
2.14 Investments in PNCPS and Advances for Purchase of PNCPS
UCBs shall not grant any loan or advance to any person for purchasing their own PNCPS or
the PNCPS of other banks. Further, UCBs shall not invest in PNCPS of other banks and
shall not grant advances against the security of the PNCPS issued by them or other banks.
B. Perpetual Cumulative Preference Shares (PCPS) / Redeemable Non-Cumulative
Preference Shares (RNCPS) / Redeemable Cumulative Preference Shares (RCPS) for
inclusion in Upper Tier-II capital
UCBs are permitted to issue Perpetual Cumulative Preference Shares (PCPS) /
Redeemable Non-Cumulative Preference Shares (RNCPS) / Redeemable Cumulative
Preference Shares (RCPS), at face value, to their members or any other person residing
within their area of operation, with the prior approval of the RBI. The UCBs shall submit the
application seeking permission, together with the Prospectus / Offer Document / Information
Memorandum to the concerned Regional Office (RO) of the RBI. A certificate from a
Chartered Accountant to the effect that the terms of the offer document are in compliance
with these instructions shall also be submitted along with the application. These three
instruments, collectively referred to as Tier-II preference shares, shall comply with the
following terms and conditions, to qualify for inclusion as Upper Tier-II capital.
2. Terms of issue
2.1 Limits
The outstanding amount of these instruments along with other components of Tier-II capital
shall not exceed 100 per cent of Tier-I capital at any point of time. The above limit shall be
19based on the amount of Tier-I capital after deduction of goodwill and other intangible assets,
but before deduction of equity investment in subsidiaries, if any.
2.2 Amount
The amount to be raised may be decided by the Board of Directors of banks.
2.3 Maturity
The Tier-II preference shares could be either perpetual (PCPS) or dated (RNCPS and
RCPS) instruments with a minimum maturity of 10 years.
2.4 Options
2.4.1 These instruments shall not be issued with a 'put option' or 'step up option'.
2.4.2 These instruments may be issued with a call option, subject to following conditions:
a) The call option on the instrument is permissible after the instrument has run for at
least ten years; and
b) Call option shall be exercised only with the prior approval of DoR, RBI. While
considering the proposals received from banks for exercising the call option, the RBI
would, among other things, take into consideration the bank's CRAR position both at
the time of exercise of the call option and after exercise of the call option.
2.5 Classification in the Balance Sheet
These instruments will be classified as 'Borrowings' and shown separately in the Balance
sheet.
2.6 Coupon
The coupon payable to the investors may be either at a fixed rate or at a floating rate
referenced to a market determined rupee interest benchmark rate
2.7 Payment of Coupon
2.7.1 The coupon payable on these instruments will be treated as interest and accordingly
debited to P& L Account. However, it will be payable only if:
a) the bank’s CRAR is above the minimum regulatory requirement prescribed by RBI
b) the impact of such payment does not result in bank’s CRAR falling below or remaining
below the minimum regulatory requirement.
c) the bank should not have a net loss. For this purpose, the net loss is defined as either
(i) the accumulated loss at the end of the previous financial year or (ii) the loss
incurred during the current financial year.
202.7.2 In the case of PCPS and RCPS, the unpaid / partly unpaid coupon will be treated as a
liability. The interest amount due and remaining unpaid may be allowed to be paid in later
years subject to the bank complying with the above requirements.
2.7.3 In the case of RNCPS, deferred coupon will not be paid in future years, even if
adequate profit is available and the level of CRAR conforms to the regulatory minimum. The
bank can however pay a coupon at a rate lesser than the specified rate, if adequate profit is
available and the level of CRAR conforms to the regulatory minimum, subject to conformity
with para 2.7.1.
2.7.4 All instances of non-payment of interest or payment of interest at a rate lesser than the
specified rate should be reported by the issuing UCB to the concerned RO of DoS, RBI.
2.8 Redemption / Repayment of Redeemable Tier-II Preference Shares
RNCPS and RCPS shall not be redeemable at the initiative of the holder. Redemption of
these instruments at maturity shall be made only with the prior approval of the DoR, RBI
subject, inter alia, to the following conditions:
(a) the bank’s CRAR is above the minimum regulatory requirement prescribed by RBI
(b) the impact of such payment does not result in bank’s CRAR falling below or remaining
below the minimum regulatory requirement.
2.9 Seniority of Claim
The claims of the investors in these instruments shall be senior to the claims of investors in
instruments eligible for inclusion in Tier-I capital and subordinate to the claims of all other
creditors including those in lower Tier-II capital and the depositors. Amongst the investors of
various instruments included in Upper Tier-II capital, the claims shall rank pari passu with
each other.
2.10 Voting Rights
The investors in Tier-II preference shares shall not be eligible for any voting rights.
2.11 Progressive Discount for the purpose of computing CRAR
The Redeemable Preference Shares (both cumulative and non-cumulative) shall be
subjected to progressive discount for capital adequacy purposes over the last five years of
their tenor, as under:
Remaining Maturity of Instruments Rate of Discount (%)
Less than one year 100
One year and more but less than two years 80
Two years and more but less than three years 60
Three years and more but less than four years 40
Four years and more but less than five years 20
212.12 Other Conditions
2.12.1 The Tier II preference shares shall be fully paid-up, unsecured, and free of any
restrictive clauses.
2.12.2 UCBs shall also comply with the terms and conditions, if any, stipulated by other
regulatory authorities in regard to issue of the Tier II preference shares, provided they are
not in conflict with any terms and conditions specified in these guidelines. Any instance of
conflict shall be brought to the notice of DoR of RBI for seeking confirmation of the eligibility
of the instrument for inclusion in Tier II capital.
2.13 Compliance with Reserve Requirements
2.13.1 The total amount raised by a bank through the issue of these instruments shall be
reckoned as liability for the calculation of net demand and time liabilities for the purpose of
reserve requirements and, as such, will attract CRR / SLR requirements.
2.13.2 The amount collected from members / prospective investors and held pending
allotment shall not be reckoned for calculation of capital funds until the allotment process is
over.
2.14 Reporting Requirements
UCBs issuing these instruments shall submit a report to the concerned RO of DoS, RBI,
giving details of the capital raised, including the terms and conditions of issue together with
a copy of the Prospectus / Offer Document soon after the issue is completed.
2.15 Investments in Tier-II preference shares and advances for purchase of Tier-II
preference shares
UCBs shall not grant any loan or advance to any person for purchasing their own Tier-II
preference shares or Tier-II preference shares of other banks. UCBs shall not invest in Tier-
II preference shares issued by other banks and shall not grant advances against the security
of Tier-II preference shares issued by them or other banks.
22Annex-III
Guidelines on issuance of Debt Capital Instruments
A. Perpetual Debt Instrument (PDI) eligible for inclusion in Tier-I Capital
UCBs may issue Perpetual Debt Instruments (PDI) as bonds or debentures to their members
or any other person residing within their area of operation, with the prior approval of RBI.
The UCBs shall submit the application seeking permission, together with the Prospectus /
Offer Document / Information Memorandum to the concerned Regional Office (RO) of the
RBI. A certificate from a Chartered Accountant to the effect that the terms of the offer
document are in compliance with these instructions shall also be submitted along with the
application. PDI can also be issued through conversion of a portion of existing deposits of
the Institutional Depositors as a part of revival plan / financial reconstruction of the UCB with
consent of depositors as per applicable regulatory instructions. The amounts raised through
PDI shall comply with the following terms and conditions to qualify for inclusion as Tier I
capital.
2. Terms of Issue
2.1 Limit
i. The amount of PDI reckoned for Tier-I capital shall not exceed 15 per cent of total
Tier-I capital5. The outstanding Innovative Perpetual Debt Instruments (IPDI)6 shall
also be covered in the aforementioned ceiling of 15 per cent and reckoned for capital
purposes as hitherto. PDI in excess of the above limits shall be eligible for inclusion
under Tier-II capital, subject to the limits prescribed for Tier-II capital. However,
investors' rights and obligations would remain unchanged.
ii. The aforesaid ceiling of 15 per cent for PDI can be exceeded with prior RBI approval,
if PDI are issued as part of revival plan / financial reconstruction of UCBs.
iii. The eligible amount shall be computed with reference to the amount of Tier-I capital
as on March 31 of the previous year, after deduction of goodwill, DTA and other
intangible assets, but before deduction of equity investment in subsidiaries, if any.
2.2 Amount
The amount of PDI to be raised may be decided by the Board of Directors of banks.
2.3 Maturity
These instruments shall be perpetual.
5 Reference is invited to para 2.1 of Annex-II as per which the outstanding amount of PNCPS and Perpetual Debt
Instruments (PDI) along with outstanding Innovative Perpetual Debt Instruments (IPDI) shall not exceed 35 per cent of total
Tier-I capital at any point of time
6 Issued in terms of circular UCB.PCB.Cir.No.39/09.16.900/08-09 dated January 23, 2009 on Financial Restructuring of
UCBs.
232.4 Options
2.4.1 The PDI shall not be issued with a 'put option' or ‘step-up’ option.
2.4.2 However, PDI may be issued with a call option subject to following conditions:
a) The call option on the instrument is permissible after the instrument has run for at
least ten years; and
b) Call option shall be exercised only with the prior approval of Department of Regulation
(DoR), RBI. While considering the proposals received from banks for exercising the
call option, the RBI would, among other things, take into consideration the bank’s
CRAR position both at the time of exercise of the call option and after exercise of the
call option.
2.5 Classification
PDI shall be classified as 'Borrowings' and shown separately in the Balance Sheet.
2.6 Rate of interest
The interest payable to the investors may be either at a fixed rate or at a floating rate
referenced to a market determined rupee interest benchmark rate.
2.7 Lock-in-Clause
2.7.1 PDI shall be subjected to a lock-in-clause in terms of which the issuing bank shall not
be liable to pay interest, if
i. the bank's CRAR is below the minimum regulatory requirement prescribed by RBI; or
ii. the impact of such payment results in bank's CRAR falling below or remaining below
the minimum regulatory requirement prescribed by RBI;
2.7.2 However, UCBs may pay interest with the prior approval of the DoR, RBI when the
impact of such payment may result in net loss or increase the net loss, provided the CRAR
meets the regulatory norm. For this purpose, net loss is defined as either (i) the accumulated
loss at the end of the previous financial year or (ii) the loss incurred during the current
financial year.
2.7.3 The interest shall not be cumulative.
2.7.4 All instances of invocation of the lock-in-clause should be reported by the issuing UCB
to the concerned RO of DoS, RBI.
2.8 Seniority of claim
The claims of the investors of PDI shall be superior to the claims of investors in equity shares
and PNCPS but subordinated to the claims of all other creditors and the depositors. Among
24investors in PDI and outstanding Innovative Perpetual Debt Instruments (IPDI7), the claims
shall rank pari passu with each other.
2.9 Discount
The PDI shall not be subjected to a progressive discount for capital adequacy purposes since
these are perpetual.
2.10 Other conditions
2.10.1 PDI shall be fully paid-up, unsecured and free of any restrictive clauses.
2.10.2 UCBs shall also comply with the terms and conditions, if any, stipulated by other
regulatory authorities in regard to issue of the PDI, provided they are not in conflict with the
terms and conditions specified in these guidelines. Any instance of conflict shall be brought
to the notice of the DoR of RBI for seeking confirmation of the eligibility of the instrument for
inclusion in Tier-I capital.
2.11 Compliance with Reserve Requirements
The total amount raised by a UCB through the issue of PDI shall not be reckoned as liability
for calculation of net demand and time liabilities for the purpose of reserve requirements and,
as such, will not attract CRR / SLR requirements. However, the amount collected from
members / prospective investors and pending issue of PDI, shall be reckoned as liability for
the purpose of calculating the net demand and time liabilities and shall, accordingly, attract
reserve requirements. Such amounts pending issue of PDI, shall not be reckoned for
calculation of capital funds.
2.12 Reporting Requirements
UCBs issuing PDI shall submit a report to the concerned RO of DoS, RBI giving details of
the amount raised, including the terms and conditions of issue together with a copy of the
Prospectus / Offer Document, soon after the issue is completed.
2.13 Investments in PDI and Advances for Purchase of PDI
UCBs shall not grant any loan or advance to any person for purchasing their PDI or PDI of
other banks. UCBs shall not invest in PDI issued by other banks (except when the PDI are
issued as a part of revival plan of a UCB as mentioned in Para 1 above) and shall not grant
advances against the security of PDI issued by them or other banks.
B. Long Term Subordinated Bonds (LTSB) eligible for inclusion in Lower Tier-II capital
UCBs are permitted to issue LTSB to their members, or any other person residing within
their area of operation. The amounts raised through LTSB shall comply with the following
terms and conditions to be eligible for inclusion in Lower Tier-II capital.
7 IPDI issued in terms of circular no.UBD.PCB.Cir.No.39/09.16.900/08-09 on ‘Financial restructuring of UCBs’ dated
January 23, 2009.
252. Term of Issue
2.1 Eligibility
2.1.1 Banks fulfilling the following criteria as per their latest audited financial statements are
permitted to issue LTSB without seeking specific permission of RBI in this regard:
i. CRAR not less than 10%.
ii. Gross NPA less than 7% and net NPA not more than 3%.
iii. Net profit for at least three out of the preceding four years subject to the bank not
having incurred net loss in the immediate preceding year.
iv. No default in maintenance of CRR/SLR during the preceding year.
v. The bank has at least two professional directors on its Board.
vi. Core Banking Solution (CBS) fully implemented.
vii. No monetary penalty has been imposed on the bank for violation of RBI directives /
guidelines during the two financial years preceding the year in which the LTSB are
being issued.
2.1.2 Prior permission of the RBI is required for banks which do not comply with the above
criteria. The UCBs shall submit the application seeking permission, together with the
Prospectus / Offer Document / Information Memorandum to the concerned Regional Office
of the RBI. A certificate from a Chartered Accountant to the effect that the terms of the offer
document are in compliance with these instructions shall also be submitted along with the
application.
2.2 Limit
The amount of LTSB eligible to be reckoned as Tier-II capital shall be limited to 50 per cent
of total Tier-I capital. The outstanding Long Term (Sub-ordinated) Deposits (LTDs) shall also
be covered in the aforementioned ceiling of 50 per cent and reckoned for capital purposes
as hitherto. These instruments, together with other components of Tier-II capital shall not
exceed 100 per cent of Tier-I capital. The aforementioned limit shall be based on the amount
of Tier-I capital after deduction of goodwill and other intangible assets, but before the
deduction of equity investments in subsidiaries, if any.
2.3 Amount
The amount to be raised may be decided by the Board of Directors of banks.
2.4 Maturity
LTSB shall be issued with a minimum maturity of ten years.
2.5 Options
2.5.1 The LTSB shall not be issued with a 'put option' or ‘step-up’ option.
262.5.2 However, LTSB may be issued with a call option subject to following conditions:
a) The call option on the instrument is permissible after the instrument has run for at
least ten years; and
b) Call option shall be exercised only with the prior approval of Department of Regulation
(DoR), RBI. While considering the proposals received from banks for exercising the
call option, the RBI would, among other things, take into consideration the bank’s
CRAR position both at the time of exercise of the call option and after exercise of the
call option.
2.6 Classification in the Balance Sheet
These instruments will be classified as 'Borrowings' and shown separately in the Balance
Sheet.
2.7 Interest Rate
LTSB may bear a fixed rate of interest or a floating rate of interest referenced to a market
determined rupee interest benchmark rate.
2.8 Redemption / Repayment
Redemption / repayment at maturity shall be made only with the prior approval of the DoR,
RBI.
2.9 Seniority of Claims
LTSB will be subordinated to the claims of depositors and other creditors but would rank
senior to the claims of investors in instruments eligible for inclusion in Tier-I capital and
holders of preference shares (both Tier I & Tier II). Among investors of instruments included
in Lower Tier-II capital (i.e., including outstanding LTDs, if any), the claims shall rank pari
passu with each other.
2.10 Progressive Discount
These Bonds shall be subjected to a progressive discount for capital adequacy purposes in
the last five years of their tenor, as under:
Remaining Maturity of Instruments Rate of Discount (%)
Less than one year 100
One year and more but less than two years 80
Two years and more but less than three years 60
Three years and more but less than four years 40
Four years and more but less than five years 20
2.11 Other conditions
2.11.1 LTSB shall be fully paid-up, unsecured, and free of any restrictive clauses.
272.11.2 UCBs shall also comply with the terms and conditions, if any, stipulated by other
regulatory authorities in regard to issue of the LTSB, provided they are not in conflict with
the terms and conditions specified in these guidelines. Any instance of conflict shall be
brought to the notice of the DoR of RBI for seeking confirmation of the eligibility of the
instrument for inclusion in Tier-II capital.
2.12 Reserve Requirement
The total amount raised through the issue of LTSB shall be reckoned as liability for the
calculation of net demand and time liabilities for the purpose of reserve requirements and,
as such, will attract CRR / SLR requirements. The amount collected by the UCB from
members / prospective investors and held by it pending issue of LTSB, shall not be reckoned
for calculation of capital funds.
2.13 Reporting Requirements
UCBs issuing LTSB shall submit a report to the concerned RO of DoS, RBI giving details of
the amount raised, including the terms and conditions of issue together with a copy of
Prospectus / Offer Document, soon after the issue is completed.
2.14 Investments in LTSB and advances for purchase of LTSB
UCBs shall not grant any loan or advance to any person for purchasing their LTSB or LTSB
of other banks. UCBs shall not invest in LTSB issued by other banks nor shall they grant
advances against the security of LTSB issued by them or other banks.
28Annex-IV
(Proforma for Returns)
Statement of Capital Funds, Risk Assets / Exposures and Risk Asset Ratio
1. Part A - Capital Fund and Risk Assets Ratio
(₹ in lakh)
I Capital Funds
A Tier I Capital elements
(a) Paid-up Capital
Less : Intangible assets and losses
Net Paid-up Capital
(b) Reserves & Surplus
1. Statutory reserves
2. Capital reserves (see note below)
3. Other reserves
4. Surplus in Profit & Loss Account*
Total Reserves & Surplus
Total Capital Funds (a + b)
Notes: Capital reserves representing surplus on sales of assets and held in a
separate account will be included
Revaluation reserves, general/floating provisions and specific provisions made for
loan losses and other asset losses or diminution in the value of any assets will not
be reckoned as Tier I capital funds.
* In case of surplus in P & L Account [ not allocated and yet to be approved by AGM]
the following assumption may be made:
(a) The current year's surplus may be nationally arrived at to the extent
recommended by the BOD to be allocated among various reserves/funds and
retained in business.
(b) Where the BOD have not decided the distribution of the surplus, it may be
notionally arrived at on the basis of last 3 years average.
B Tier II capital elements
(i) Undisclosed reserves
(ii) Revaluation reserves
(iii) General provisions and loss reserves #
(iv) Investment Fluctuation Reserves / Funds
(v) Hybrid debt capital instruments
(vi) Subordinated debts
Total
Total of I (A + B)
# Includes General Provision on standard assets (subject to restrictions)
II Risk Assets
(a) Adjusted value of funded risk assets i.e. on
Balance Sheet items (to tally with Part ‘B')
(b) Adjusted value of non-funded and off-Balance
29Sheet items (to tally with Part ‘C')
(c) Total risk-weighted assets (a+b)
III Percentage of capital funds to risk-weighted
assets I / II x 100
2. Part B - Weighted Assets i.e. On-Balance Sheet Items
(₹ in lakh)
Book Risk Risk
Value weight adjusted
value
1 2 3 4
I.CASH & BANK BALANCES
a) Cash in hand (including foreign
currency notes)
b) Balance with banks in India
i) Balance with RBI
ii) Balances with banks
1. Current account (in India and outside
India)
2. Other accounts (in India and outside
India)
3. Current Account balances with other
primary co-operative banks
II. Money at Call and Short Notice
III. INVESTMENTS
a) Government and other approved
Securities*
b) Other (net of depreciation provided)
IV. ADVANCES**
Loans and advances, bills purchased and
discounted and other credit facilities
a) Claim guaranteed by Govt of India
b) Claims guaranteed by State Govt
c) Claims on public sector undertakings of
Government of India
d) Claims on PSUs of State Governments
e) Others
Notes: 1. Netting may be done only for advances
collateralised by cash margins in deposits and in
respect of assets where provisions for depreciation
for bad and doubtful debts have been made.
2. Equity investments in subsidiaries, intangible assets
and losses deducted from Tier I capital should be
assigned zero weight
V. Premises (net of depreciation provided)
30VI. Furniture and fixtures (net of depreciation
provided)
VII. Other assets (including branch adjustments,
non-banking assets, etc.)
Total
* Provision, if any, made for depreciation in investments in Government and other approved
securities may be indicated by way of a footnote.
** Provisions held, either general or specific, for bad and doubtful debts and standard
assets may be indicated by way of footnote.
Part C - Weighed Non-funded Exposures / Off-Balance Sheet Items Each off-
Balance Sheet item may be submitted in the format indicated below:
(₹ in Lakh)
Nature of Book Conversion Equivalent Risk Adjusted
Item Value Factor Value Weight Value
Note : Netting may be done only for advances collateralised by cash margins or deposits and in
respect of assets where provisions for depreciation or for bad and doubtful debts.
31Appendix
List of Circulars consolidated in the Master Circular
Sl
Circular Date Subject
No.
1 DOR.CAP.REC.92/09.18.201/2021-22 08.03.2022 Issue and regulation of share capital and
securities - Primary (Urban) Co-operative
Banks.
2 DCBR.BPD.(PCB/RCB)Cir.No.1/16.20.000/2018-19 06.07.2018 Prudential Norms for Classification,
Valuation and Operation of Investment
Portfolio by Banks – Spreading of MTM
losses and creation of Investment
Fluctuation Reserve (IFR) by Co-
operative banks.
3 UBD.CO.BPD.PCB.Cir.No.67/09.50.001/2013- 14 30.05.2014 Deferred Tax Liability on Special
Reserve created under Section 36(1)
(viii) of the Income Tax Act, 1961 -
UCBs.
4 UBD BPD(PCB) Cir No.45/13.05.000/2013-14 28.01.2014 Housing Sector: New Sub- Sector CRE-
Residential Housing (CRE-RH) Segment
within CRE Sector & Rationalisation of
Provisioning and Risk Weight.
5 UBD. BPD PCB Cir No.37/09.22.010/2013-14 14.11.2013 Advances guaranteed by Credit Risk
Guarantee Fund Trust for Low Income
Housing (CRGFTLIH) – Risk Weights
and Provisioning.
6 UBP BPD (SCB) Cir.No.4/16.20.000/2012-13 10.06.2013 Ready Forward Contracts in Corporate
Debt Securities.
7 UBD.BPD.(PCB)Cir.No.42/09.11.600/2009-10 08.02.2010 Prudential guidelines on capital
charge for market risks.
8 UBD.PCB.Cir.No.30/09.14.000/2008-09 16.12.2009 Prudential treatment of different types of
provisions in respect of loan portfolios.
9 UBD.PCB.Cir.No.73/09.14.000/2008-09 29.06.2009 Prudential treatment of different types of
provisions in respect of loan portfolios.
10 UBD.PCB.Cir.No.29/09.11.600/2008-09 01.12.2008 Review of Prudential Norms- Provision
for Standard Assets & Risk weights for
exposures to commercial real estate and
NBFCs.
11 UBD.PCB.Cir.No.53/13.05.000/07-08 16.06.08 Claims secured by residential property -
change in limits for risk weights.
12 UBD.PCB.Cir.No.31/09.11.600/07-08 29.01.08 Prudential Norms for Capital Adequacy -
Risk Weight for Educational Loans.
13 UBD.PCB.CirNo.40/13.05.000/2006-07 04.05.07 Annual Policy Statement for the Year
2007-08 - residential housing loans-
reduction of risk weight.
14 UBD(PCB).Cir.No.39/13.05.000 30.04.07 Annual Policy Statement for 2007-08-
Loans against Gold / silver ornaments-
reduction of risk weight.
15 UBD(PCB).Cir.No.30/09.11.600/06-07 19.02.07 Third Quarter Review of the Annual
Statement on Monetary Policy for the
year 2006-07 - Provisioning requirement
for Standard Assets.
32Sl
Circular Date Subject
No.
16 UBD.BPD.Cir.No:7/09.29.000/2006-07 18.08.06 'When Issued' Transactions in Central
Government Securities - Accounting and
Related Aspects.
17 UBD.PCB.Cir.No.55/09.11.600/05-06 01.06.06 Annual Policy Statement for the Year
2006-07 - Risk weight on exposure to
commercial real estate.
18 UBD.PCB).BPD.Cir.No.46/13.05.000/2005-06 19.04.06 Bills Discounted under LC - Risk
Weight and Exposure Norms.
19 UBD.PCB.Cir.No.9/13.05.00/05-06 09.08.05 Risk Weight for Capital Market Exposure.
20 UBD.PCB.Cir.No.8/09.116.00/05-06 09.08.05 Prudential Norms on Capital Adequacy -
Risk Weight on Housing Finance /
commercial real estate exposures.
21 UBD.DS.Cir/No.44/13.05.00/04-05 15.04.05 Maximum Limit on Advances -
Exposures to individuals / group of
borrowers.
22 UBD.PCB.Cir.33/09.116.00/2004 05.01.05 Risk Weight on Housing Finance
and Consumer Credit.
23 UBD.PCB.Cir.26/09.140.00/2004-05 01.11.04 Prudential Norms - State
Government Guaranteed Exposures.
24 UBD.No.BPD.PCB.Cir.52/09.116.00/2003-04 15.06.04 Risk Weight for Exposure to Public
Financial Institutions (PFIs).
25 UBD.No.BPD.PCB.Cir.37/13.05.00/03-04 16.03.04 Discounting / Rediscounting of Bills by
Banks.
26 UBD.No.BPD.PCB.Cir.34/13.05.00/2003-04 11.02.04 Maximum Limit on Advances - Limits
on Credit Exposure to Individual / Group
of borrowers computation of capital
funds.
27 UBD.No.POT.PCB.CIR.18/09.22.01/2002-03 30.09.02 Risk Weight on Housing Finance.
28 UBD.No.POT.PCB.Cir.No.45/09.116.00/2000 25.04.01 Application of Capital Adequacy
Norms to Urban (Primary) Co-
operative Banks.
33