Union Finance Minister Nirmala Sitharaman moved the Banking Laws (Amendment) Bill 2024, in the Lok Sabha for consideration and passage on Tuesday (3 December).
“The proposed amendments will strengthen governance in the banking sector and enhance customer convenience with respect to nomination and protection of investors,” Sitharaman said while moving the bill.
The bill proposes amendments to several key legislations, including the Reserve Bank of India Act 1934, the Banking Regulation Act 1949, the State Bank of India Act 1955, and the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980. It aims to modernise India’s banking laws, enhance governance, and improve regulatory oversight in the banking sector.
- Redefinition of “Fortnight” for Cash Reserves:
- Current Definition:
- A fortnight is defined as Saturday to the second following Friday (14 days).
- New Definition:
- From the 1st to the 15th of each month, or
- From the 16th to the last day of the month.
- Impact: This change affects how both scheduled and non-scheduled banks maintain cash reserves with the RBI.
- Current Definition:
- Tenure of Directors in Co-operative Banks:
- Existing Rule: Directors (other than the chairman or whole-time director) cannot serve more than 8 consecutive years.
- New Rule: Extends the tenure to 10 consecutive years for co-operative banks.
- Exemption for Common Directors in Co-operative Banks:
- Current Rule: A director of one bank cannot serve on the board of another bank, except for RBI-appointed directors.
- Amendment: Allows directors of central co-operative banks to also serve on the board of a state co-operative bank where they are a member.
- Increase in Threshold for Substantial Interest in Companies:
- Existing Threshold: Substantial interest in a company is defined as holding shares worth more than ₹5 lakh or 10% of the company’s paid-up capital, whichever is lower.
- New Threshold: Raises this to ₹2 crore. The government may modify this amount through notifications.
- Nomination Rules for Deposits and Lockers:
- Current Provision: A single or joint deposit holder can appoint one nominee.
- New Provision:
- Allows up to four nominees.
- For Deposits: Nominees can be named simultaneously or successively. In simultaneous nominations, the share is divided proportionally.
- For Lockers and Articles in Custody: Successive nominations can be made, with priority based on the order of nomination.
- Settlement of Unclaimed Amounts:
- Current Rule: Unpaid or unclaimed dividends are transferred to the Investor Education and Protection Fund (IEPF) after seven years.
- Amendment:
- Expands the scope to include:
- Shares with unclaimed dividends for seven consecutive years.
- Unpaid interest or redemption amounts for bonds for seven years.
- Allows claimants to retrieve shares or funds transferred to the IEPF.
- Auditor Remuneration:
- Existing Rule: The RBI, in consultation with the central government, fixes auditors’ remuneration.
- Amendment: Empowers banks to independently decide the remuneration for their auditors.
Key Takeaways
The Banking Laws (Amendment) Bill, 2024 introduces critical changes to enhance banking governance, improve efficiency, and protect customer interests. These include:
Simplifying regulatory frameworks for cash reserves and director tenures.
Providing flexibility in nominations and addressing unclaimed funds.
Empowering banks to determine auditor fees.
Strengthening the co-operative banking system through revised rules for directors and substantial interest thresholds.
CONCLUSION
The Banking Laws (Amendment) Bill 2024 introduces several significant changes intended to modernize the banking sector, improve regulatory practices, and enhance consumer protections. From expanding nominee options to redefining directorship criteria and adjusting reporting schedules, these amendments reflect a strategic shift towards a more flexible and responsive banking environment. Stakeholders, including banking professionals and consumers, should stay informed about these changes and their potential impacts on the financial ecosystem.
contributed by sanjana yadav adv