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Foreign banks in India CHAPTER-1 INTRODUCTION OF BANKING SECTOR 1

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Page 1: Project on Foreign Banks

Foreign banks in India

CHAPTER-1

INTRODUCTION OF BANKING SECTOR

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CHAPTER-1

INTRODUCTION OF BANKING SECTOR

1. 1 what is Bank?

A bank is a profit seeking Business firm dealing in money and credit. It

is a financial institution dealing in the money in the sense, that it accepts deposits of

money from the public to keep them in its custody for safety. So, also, it also deals in

credit, i.e. it creates credit by making advances out of funds received as deposits to

needy people. It, thus, functions as mobilize of savings in the economy. Commercial

banks are the main important sources of institutional credit in the money market.

A bank is therefore, like a reservoir into which flow the savings, the

idle surplus money of households, and from which loans are given on interest to

businessmen and others who need them for investment or productive uses.

A bank is an important institution of the money market as it gives short-term loans to its

customers.

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1. 2

INTRODUCTION

TO

BANKING

SECTOR

The Indian banking system has a large geographic and functional

coverage. Presently the total asset size of the Indian banking sector is US$ 270 billion

while the total deposits amount to US$ 220 Billion with a branch network exceeding

66,000 branches across the country. Revenues of the banking sector have grown at 6 per

cent CAGR over the past few years to reach a size of US$ 15 billion. While commercial

banks cater to short and medium term financing requirements, national level and state

level financial institutions meet longer-term requirements. This distinction is getting

blurred with commercial banks extending project finance. The total disbursements of

the financial institutions in 2001 were US$ 14 billion.

Banking today has transformed into a technology intensive and customer friendly model

with a focus on convenience. The sector is set to witness the emergence of financial

supermarkets in the form of universal banks providing a suite of services from retail to

corporate banking and industrial lending to investment banking. While corporate

banking is clearly the largest segment, personal financial services is the highest growth

segment.

The recent favorable government policies for enhancing limits of foreign investments to

49 per cent among other key initiatives have encouraged such activity. Larger banks

will be able to mobilize sufficient capital to finance asset expansion and fund.

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1.3. The Changing Face

of the Economy

In 1991 the Central Government embarked on a program of economic

liberalization. This included, among others removal of governmental control,

rationalization of regulation, attracting Foreign Investment. The government has also

identified the infrastructure sector (Power, Telecommunications, and Transportation) as

a key target and is taking steps to attract investments in the area.

Encouraged by economic developments over the past decade, the government is

committed score a GDP growth rate 9.5% by the year 2008. The fact is that the Indian

economy is growing faster than ever before. Between 2000-2001 and 2005-06, India's

GDP at 2005-06 has recorded a trend growth rate of 5.4 per cent.

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Shift towards Service Sector

Previously India was primarily known as an agricultural economy,

but the face of the economy is changing rapidly. The share of the Secondary and

Tertiary are increasing rapidly. The services sector contributes about 49% to total GDP

and has grown by 6.5% during FY02, compared to 4.8% in FY01. Its share increased

from 43.7% in FY91 to almost 50% now. Quarterly growth rates accelerated from 5.7 to

6.4 to 6.9 and 7.0% over four quarters of FY02. This growth was backed by 6.2%

growth in trade, hotel, transport and communication and 7.8% growth in financing,

insurance and real estate sector.

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1. 3. KEY POINTS OF BANKING SECTOR

Supply Liquidity is controlled by the Reserve Bank of

India (RBI).

Demand India is a growing economy and demand for credit

is high though it could be cyclical.

Barriers to entry Licensing requirement, investment in technology

and branch network.

Bargaining power of suppliers

High during periods of tight liquidity. Trade unions

in public sector banks can be anti reforms. Depositors

may invest elsewhere if interest rates fall.

Bargaining power of

customers

For good creditworthy borrowers bargaining

power is high due to the availability of large number of

banks

Competition

High- There are public sector banks, private

sector and foreign banks along with non banking finance

companies competing in similar business lines

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1.4. Fact Files of Banks in India

The first, the oldest, the largest, the biggest, get all such types of information’s about

Banking in India is described in this section.

The first bank in India to be given an ISO

certificate

Canara Bank

The first bank in Northern India to get ISO 9002

certification for their selected branches

Punjab and Sind

Bank

The first Indian bank to have been started solely

with Indian capitalPunjab National Bank

The first among the private sector banks in Kerala

to become a scheduled bank in 1946 under the RBI Act

South Indian Bank

India's oldest, largest and most successful

commercial bank, offering the widest possible range of

domestic, international and NRI products and services,

through its vast network in India and overseas

State Bank of India

India's second largest private sector bank and is now

the largest scheduled commercial bank in India

The Federal Bank

Limited

Bank which started as private shareholders banks,

mostly Europeans shareholders

Imperial Bank of

India

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The first Indian bank to open a branch outside India

in London in 1946 and the first to open a branch in

continental Europe at Paris in 1974

Bank of India,

founded in 1906 in

Mumbai

The oldest Public Sector Bank in India having

branches all over India and serving the customers for

the last 132 Years

Allahabad Bank

The first Indian commercial bank which was wholly

owned and managed by Indians

Central Bank of India

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CHAPTER – 2

KINDS OF BANKS

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CHAPTER – 2

KINDS OF BANKS

2.1.Central Bank: -

The central bank of country is that institution which is vested with certain

prerogative powers by an Act of parliament to regulate the monetary system in the

country. It occupies a central position in the monetary and banking structure of country.

It acts as a leader of the money market in supervising, controlling and regulating the

activities of the all commercial banks and other financial institutions.

Central Banking has become an entirely separate branch of banking as it is

district from the function of other banks. It is very difficult to give an accurate

definition of central bank as the functions performed by the central bank are

multifarious. Many authors have tried to define a central bank briefly, but these

definitions are not widely accepted as every author has emphasized one function or the

other.

2. Commercial Banks: -

As the name indicates the primary objectives of the commercial banks is to

earn profit. A commercial bank receives money from the depositors and lends to trade,

industry and commerce. When a bank borrows money from the depositors through

deposit schemes, allow interest on such deposit. Similarly, when the banker lend money

to the industry or business by way of overdraft, cash credit loans and advances or by

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any other means, he charge interest on such borrowing rate is his profit. The interest

rates are governed by the Reserve Bank of India direction.

The commercial banker allows the customer to draw cheques against their credit

balances and honors such cheques and when they are presented in the bank. In addition

to the primary functions of receiving deposits and lending to others, he undertakes a

wide variety of functions to assist their customers by performing agency services and

general utility services.

3. CO-OPERATIVE BANKS: -

India is an agricultural country. About 70% of four country’s population

depends upon agricultural for their livelihood. The Indian farmer is poor, illiterate and

heavily indebted. Non- availability of adequate and timely agricultural credit results in

low productivity and makes agricultural more capital intensive. As there is no agency to

supply credit, farmers are the ready victims of the money lenders and indigenous

bankers who charges exorbitant rates of interest. In order to protect them from

economic evils moral degeneration, the co-operative movement India was encouraged

The co-operative movements in India began with the passing of the Co-

operative Credit Societies Act, of 1904. The Act provides for the formation of credit

societies, emphasizing on rural credit. Ultimately liability was the rural societies. These

credit societies slowly paved the way in the formation of co-operatives banks.

4. INDUSTRIAL BANKS: -

The economic development of country depends on the developments of its

industries. The advanced countries like United Kingdom, United of States America,

Japan and Germany are the Pioneer in the field of industrial development. Some

countries like Japan and Germany started banks exclusively to meet of industries.

The industrial bank provides long-term loans and supply fixed capital to

industrial concern by subscribing the shares and debentures floated by the companies.

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As they have financed the share capital, the industrial bank plays an important role in

the management and administration of the companies. The industrial banks have acted

as underwriters in the flotation of new industrial concern. These banks also arrange

medium-term loans.

Followings are the different types of banks existing in India:

1. Nationalized Banks in India

Banking System in India is

dominated by nationalized banks. The nationalization of banks in India took place in

1969 by Mrs. Indira Gandhi the then prime minister. The major objective behind

nationalization was to spread banking infrastructure in rural areas and make available

cheap finance to Indian farmers. Fourteen banks were nationalized in 1969. These

Banks were:

Before 1969, State Bank of India (SBI) was the only public sector bank in India. SBI

was nationalized in 1955 under the SBI Act of 1955.

The second phase of nationalization of Indian banks took place in the year 1980. Seven

more banks were nationalized with deposits over 200 crores.

List of Public Sector Banks in India is as follows:

Allahabad Bank

Andhra Bank

Bank of Baroda

Bank of India

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Bank of Maharashtra

Canara Bank

Central Bank of India

Corporation Bank

Dena Bank

Indian Bank

Indian Overseas Bank

Oriental Bank of Commerce

Punjab and Sind Bank

Punjab National Bank

State Bank of Bikaner & Jaipur

State Bank of Hyderabad

State Bank of India (SBI)

State Bank of Indore

State Bank of Mysore

State Bank of Patiala

State Bank of Saurashtra

State Bank of Travancore

Syndicate Bank

UCO Bank

Union Bank of India

United Bank of India

Vijaya Bank

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2. Foreign Banks in India

Foreign banks have brought latest technology and latest

banking practices in India. They have helped made Indian

Banking system more competitive and efficient. Government has come up with a road

map for expansion of foreign banks in India.

The road map has two phases. During the first phase between March 2005 and March

2009, foreign banks may establish a presence by way of setting up a wholly owned

subsidiary (WOS) or conversion of existing branches into a WOS. The second phase

will commence in April 2009 after a review of the experience gained after due

consultation with all the stake holders in the banking sector. The review would examine

issues concerning extension of national treatment to Wholly Owned Subsidiary, dilution

of stake and permitting mergers / acquisitions of any private sector banks in India by a

foreign bank.

Major foreign banks in India are:

ABN-AMRO Bank

Abu Dhabi Commercial Bank Ltd.

American Express Bank Ltd

BNP Paribas

Citibank

Standard Chartered Bank

DBS Bank Ltd

Deutsche Bank

HSBC Ltd

3. Private Banks in India

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All the banks in India were earlier private banks. They were founded in the pre-

independence era to cater to the banking needs of the people. But after nationalisation

of banks in 1969 public sector banks came to occupy dominant role in the banking

structure. Private sector banking in India received a filip in 1994 when Reserve Bank of

India encouraged setting up of private banks as part of its policy of liberalisation of the

Indian Banking Industry. Housing Development Finance Corporation Limited (HDFC)

was amongst the first to receive an 'in principle' approval from the Reserve Bank of

India (RBI) to set up a bank in the private sector.

Private banks have played a major role in the development of Indian banking industry.

They have made banking more efficient and customer friendly. In the process they have

jolted public sector banks out of complacency and forced them to become nore

competitive.

Major Private Banks in India are:

Bank of Rajasthan

Bharat Overseas Bank

Catholic Syrian Bank

Centurion Bank of Punjab

Dhanalakshmi Bank

Federal Bank

HDFC Bank

ICICI Bank

IDBI Bank

IndusInd Bank

ING Vysya Bank

Jammu & Kashmir Bank

Karnataka Bank

Karur Vysya Bank

Kotak Mahindra Bank

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CHAPTER – 3

CURRENT SITUATION OF BANKING IN INDIA

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Currently (2009), banking in India is generally fairly mature in terms of

supply, product range and reach-even though reach in rural India still remains a

challenge for the private sector and foreign banks. In terms of quality of assets and

capital adequacy, Indian banks are considered to have clean, strong and transparent

balance sheets relative to other banks in comparable economies in its region. The

Reserve Bank of India is an autonomous body, with minimal pressure from the

government. The stated policy of the Bank on the Indian Rupee is to manage volatility

but without any fixed exchange rate-and this has mostly been true.

With the growth in the Indian economy expected to be strong for quite

some time-especially in its services sector-the demand for banking services, especially

retail banking, mortgages and investment services are expected to be strong. One may

also expect Mergers &Acquisitions, takeovers, and asset sales.

In March 2006, the Reserve Bank of India allowed Warburg Pincus to

increase its stake in Kotak Mahindra Bank (a private sector bank) to 10%. This is the

first time an investor has been allowed to hold more than 5% in a private sector bank

since the RBI announced norms in 2005 that any stake exceeding 5% in the private

sector banks would need to be vetted by them.

The Banks in India have flourished not just in numbers but also in their

services, products and client base. They have succeeded in reaching out to Rural India

through the Mobile ATM's, special rural branches and specialized finance options for

the farmers, rural women and the Small-Scale Industries (SSI's). The mortgage rates and

interest rates are slashed to attract the masses to the banking facilities.

In the urban cities like the country capital New Delhi, trade capital Mumbai, IT capitals

- Bangalore and Hyderabad, NCR's prime cities Gurgaon, Noida, Mumbai's sister city

Pune and the metro cities of Kolkata and Chennai, all the major Banks have multiple

branches. Personalized services like Special Bank Accounts to cater to individual needs,

Mobile and Internet Banking, doorstep banking and multi city or international banking

have attracted customers in exponential multiplication.

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The banks offer plenty mortgage options with most pocket-friendly interest rates on

loans - home loans for the housing needs, personal loan, auto loans for private and

commercial vehicles, education loans for educational pursuits, corporate loans for

business and other projects and loans against property and securities. The money

deposited is safe and secure and offers prospects of growth to the customers.

Investment Opportunities by Banks come in the form of Deposits - fixed deposits and

recurring deposits and mutual funds and bonds. Special services to NRI's and senior

citizens pensions and special savings accounts are also a regular with most banks.

The Banking Solutions itself employee a large number of people and provide numerous

job opportunities to many people. Finance, Banking and Customer Care are some of

most preferred profile in bank jobs. The policies differ from bank to bank but the core

remains the same - to provide the most convenient and safe banking options to the

people.

Currently, India has 88 scheduled commercial banks (SCBs) - 27 public sector banks

(that is with the Government of India holding a stake) after merger of New Bank of

India in Punjab National Bank in 1993, 29 private banks (these do not have government

stake; they may be publicly listed and traded on stock exchanges) and 31 foreign banks.

They have a combined network of over 53,000 branches and 17,000 ATMs. According

to a report by ICRA Limited, a rating agency, the public sector banks hold over 75

percent of total assets of the banking industry, with the private and foreign banks

holding 18.2% and 6.5% respectively.

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CHAPTER-4

FOREIGN BANKS

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CHAPTER-4

FOREIGN BANKS

1 INTRODUCTION:-

FOREIGN BANK:-

Banks which are foreign in origin having their head offices outside India are

called Exchange banks. They are also Known as Foreign banks.

Foreign banks operating in India are all multinational having a widespread

banking business in many countries of the world?

Exchange banks/foreign banks have been doing business in India since 1870.

The exchange banks have exerted tremendous influence on the development of Indian

Joint stock banking and the growth of organized money market in India. They are

primarily meant to provide finance for India’s foreign trade. They also financed

included trade of the country.

At the time of bank nationalization in 1969, the entry of foreign banks in Indian

was banned. The Ban was however lifted in 1980.

The Bank of Tokyo, the chartered Banks, the first National City Bank Of New

York, the Grind lays Bank, The Lloyds Bank, The Mercantile Bank In India, etc. are

some of the prominent foreign banks which are presently operating in India.

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At the end-March 1987, there were 21 foreign banks with 136 branches in India.

During 1960-80, the total assets of foreign banks have increased over five times from

RS.411.4 crores to Rs.2, 261.0 crores. In 1980, their assets growth rate was 22.5 per

cent as against 4 percent in 1965.Initially these banks were started merely to finance

India’s foreign trade. For quite sometime, they enjoyed a considerable monopoly in the

field of foreign trade finance because the imperial bank of India did enter the field,

other Indian Joint stock banks no adequate means and capacity to enter and compete

with the exchange banks.

Indian banks like the Alliance Bank of Simla and Tata Industrial Bank, however

did make some efforts in this direction, but ultimately failed. In recent years, however,

the situation has greatly changed.

With the enactment of the banking companies Act, 1949 and the exercise of

effective control through this Act by reserve Bank of India, many of the defects in the

functioning of foreign exchange bank have been eliminated. Besides, since without

approval of the Reserve bank, no exchange bank can open a branch in India, the

interests of Indian banks have been adequately protected.

The act also requires exchange banks to keep a minimum paid-up capital and

reserve of Rs.20 lakhs. It also enjoins upon exchange banks to maintain their assets in

such a way that their liabilities do not exceed 75 percent of their assets. This restriction

puts a check on the fight of capital abroad.

The Banking Companies (enactment) Act, 1962, further requires that exchange

banks keep an additional deposit of not less than 20 percent of their profits every year

with the reserve Bank of India to advise them on such matters as granting of loans etc.

AS A result of these restrictions, there has been a marked improvement in the

functioning of exchange bank in India.

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Since Indian banks have also started participating actively and extensively in the

field of financing foreign trade, the monopoly of exchange banks in this area has been

broken and as a result, their important fields of financing of foreign trade has very much

diminished..

In recent days, it has been suggested in some quarters that the exchange bank be

nationalized but many others feel that such a step is neither an expedient nor feasible in

view of the international repercussion that such a measure may trigger off.

IN this context, it must also be remembered that Indian banks as yet do not have

an adequate trained staff, expertise or skill handling exchange business and compete

with foreign exchange bank.

However, it would be advisable to allow the exchange bank to continue their,

operations within the framework of the restrictions imposed on them by the reserve

bank in such a manner that they do not encroach upon the field allocated to Indian

banks.

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CHAPTER-5

FUNCTIONS OF FOREIGN BANK:

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CHAPTER-5

FUNCTIONS OF FOREIGN BANK:

The functions of foreign bank are as follows:

1. FINANCING FOREIGN TRADE: -

They primarily finance India’s foreign trade. They undertake two-way

operations.

a) Financing of exports and imports of India; and

b) Financing of movement of goods from and to Indian ports/to or from the

distributing or collecting centers in the interiors parts of the country. In

this context, they discount or purchase foreign bills

2. BANKING BUSINESS: -

The exchange bank conducts all types of banking business. They accept

deposit from the public, grant loans, discount trade bills and provide remittance

facilities. And thus compete with Indian banks.

3. FINANCING INLAND TRADE: -

They also finance trade in many up country centers, as they opened a number if

branches in the main ports and trading centers of the country.

4. AGENCIES SERVICES:-

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Like other commercial banks, foreign exchange bank render several agencies services to

their customers.

5. MERCHANT BANKING: -

Some exchange bank has opened merchant banking division to provide

banking services. For e.g.: - The National and Grind lays banks first started

merchant banking services in 1967, followed by the first National City bank in

1970.

The exchange banks have been doing a profitable business in the

country. Their financial ratio. I.e. Profit-to Income ratio is more than double that

of the Indian commercial bank. Their high profitability may be attributed to their

non-fund business, such as commission, brokerage, etc. Further they mostly

finance multinational corporations, and their returns are higher. Moreover, they

minute their risk in lending also.

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CHAPTER-6

BUSINESS OPPORTUNITIES IN INDIA

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CHAPTER-6

BUSINESS OPPORTUNITIES IN INDIA

India is the largest democracy in the world. In terms of population it ranks second in the world. The policy of liberalization pursued by the government after 1991, has transformed the prospects for the Indian economy. Today India is one of the favored destinations for global investments.

The government has come up with several incentives like import of capital goods at concessional customs duty (under condition it fulfills certain export obligations),natural gas, petrochemicals, power, services and telecommunications have witnessed tremendous expansion.

FACTS ABOUT INDIA:-

There are several factors which create favorable business opportunities in India.

India has a huge middle class, with improved purchasing power, due to the high growth in the economy. Increasingly Indians have become more brand conscious, resulting in increased growth for the retail sector.

Presence of vibrant trade links with South Asian Association For Regional Cooperation (SAARC) nations like Bangladesh, Bhutan, Maldives, Nepal, Pakistan and Sri Lanka.

Improved infrastructure available for business ventures. India's competitive advantage in Information Technology can be used to enhance productivity in Industries.

Availability of huge pool of technical manpower has heralded the expansion of manufacturing base across different industries.

India is rich in natural resources and self sufficient in agriculture. A well established banking system consisting of public and private banks and

other financial institutions.

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The capital markets in India are one of the fastest growing markets in the world, attracting huge investments from FII's.

The economic reforms have brought in policy changes in terms of freedom of entry, investment, location, usage of technology, import and export. These changes have created an investment friendly environment.

India is a well established democratic country, with free and fair judiciary.

In today’s “Global village”, scouting around for business is no problem. In fact, with the touch of a button we could be in contact with someone in another country and within a few minutes we could even close a deal. But then, such quick fixes may be an elusive dream if we are dealing with a new client, or an unknown country.

The fact remains that every businessman has his eyes trained on India for; after all, it is the, fifth largest market in the world in terms of purchasing power parity. India is one of the world's most exciting emerging markets with extensive infrastructure for doing business. India has a good legal system which is reputed to be among the world's most independent and efficient ones. If, India is today in the news, it is because; it is a nation on the move. India has dealt with its balance of payments crisis, its external debt problems, etc., and with help from the IMF and World Bank, has left these problems far behind. This is like a clarion call to do business/invest in India. The Uruguay round of GATT has improved the infrastructure for cross-border and world trade. Further, India, in its outward looking- quest has liberalized and opened its economy to the world - challenging industrialists as it were to set up joint ventures or wholly owned subsidiaries in the field of power generation, infrastructure development, telecommunications, etc. Procedures for import of capital goods, approval for setting up industries, repatriation of income, etc. have been liberalized with the effect that investment has flooded into India and Indian companies have been able to raise loans at very fine rates in the Euro-dollar market.

The above development and the fillip given to exports have been responsible for India now having foreign exchange reserves of more than 252 bn. dollars as on Oct 31,2008. India is now looking for technology and for equipment to upgrade its existing manufacturing facilities to meet exacting world standards. It has also been shopping around for power generation equipment and telecommunication networks in a big way in order to speed up the process of industrialization.

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CHAPTER-7

GUIDELINES FOR PRESENCE OF FOREIGN BANKS IN INDIA

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CHAPTER-7

GUIDELINES FOR PRESENCE OF FOREIGN BANKS IN INDIA

The guidelines for setting up of wholly owned subsidiary by foreign banks and conversion of existing branches of foreign banks into wholly owned subsidiary are given below:-

ELIGIBILITY OF THE PARENT BANK:-

1. Foreign banks applying to the RBI for setting up a WOS in India must satisfy RBI that they are subject to adequate prudential supervision in their home country regulator; the RBI will have regard to the Basel standards.2. The setting up of a wholly-owned banking subsidiary in India should have the approval of the home country regulator.3. Other factors (but not limited to) that will be taken into account while considering the application are given below: a. Economic and political relations between India and the country of incorporation of the foreign bank b. Financial soundness of the foreign bank c. Ownership pattern of the foreign bank d. International and home currency ranking of the foreign bank e. Rating of the foreign bank by international rating agencies f. International presence of the foreign bank.

CAPITAL:-

4. The minimum start-up capital requirement for a WOS would be Rs. 3 billion and the WOS shall be required to maintain a capital adequacy ratio of 10 percent or as may be prescribed from time to time on a continuous basis, from the commencement of its operations.5. The parent foreign bank will continue to hold 100 percent equity in the Indian subsidiary for a minimum prescribed period of operation.

CORPORATE GOVERNANCE:-

6. The composition of the board of directors should meet the following requirements:

a. Not less than 50 percent of the directors should be Indian nationals resident in India.

b. Not less than 50 percent of the directors should be non-executive

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directors.

c. A minimum of one-third of the directors should be totally independent of the management of the subsidiary in India, its parent or associates.

d. The directors shall conform to the ‘Fit and Proper’ criteria as laid down in RBI’s extant guidelines dated June 25, 2004.

e. RBI’s approval for the directors may be obtained as per the procedure adopted in the case of the erstwhile Local Advisory Boards of foreign bank branches.

7. ACCOUNTING, PRUDENTIAL NORMS AND OTHER REQUIREMENTS:-

a. The WOS will be subject to the licensing requirements and condition, broadly consistent with those for new private banks. b. The WOS will be treated on par with the existing branches of foreign banks for branch expansion. The Reserve Bank may also prescribe market access and national treatment limitation consistent with international practices and the country’s requirements. c. The banking subsidiary will be governed by the provisions of the Companies Act, 1956, Banking Regulation Act,1949, Reserve Bank Of India Act, 1934, other relevant status and the directives, Prudential regulations and other guidelines/instructions issued by RBI and other regulators from time to time.

8. CONVERSION OF EXISTING BRANCHES INTO A WOS:

All the above requirements prescribed for setting up a WOS will be applicable to existing foreign bank branches converting into a WOS. In addition they would have to satisfy the following requirements:-

SUPERVISORY COMFORT:-

Permission for conversion of existing branches of a foreign bank into a WOS will inter alia be guided by the manner in which the affairs of the branches of the bank are conducted, compliance with the statutory and other prudential requirements and the overall supervisory comfort of the Reserve Bank.

CAPITAL REQUIREMENTS:-

The minimum net worth of the WOS on conversion would not be less than Rs. 3 billion and the WOS will be required to maintain a minimum capital

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adequacy ratio of 10 percent of the risk weighted assets or as may be prescribed from time to time on a continuous basis. While reckoning the minimum net worth the local available capital including remittable surplus retained in India, as assessed by the RBI, will qualify. Reserve Bank will cause an inspection/audit to assess the financial position of the financial position of the branches operating in India and arrive at the aggregate net worth of the branches. RBI’s assessment of the net worth will be final.

9. ACQUISITION OF HOLDING IN SELECT PRIVATE SECTOR BANKS:-

Foreign banks may apply to the RBI for making investment in private sector banks that are identified by RBI for restructuring. Reserve bank will examine the application with regard to the eligibility criteria prescribed for foreign banks to set up a WOS vide paragraphs 1 to 4 above as well as their track record in restructuring banks. While permitting foreign banks to acquire stake in the identified private sector banks, RBI may undertake enhanced due diligence on the major shareholders to determine their ‘Fit and Proper’ status. Reserve Bank may also prescribe additional conditions in this regard as may be considered appropriate.

10. APPLICATION PROCEDURE:-

Applications for setting up a wholly-owned banking subsidiaries by foreign banks including conversion of existing branches should be made to the chief General Manager-in-charge, Department of banking Operations and Development, Reserve Bank of India, World Trade Centre, Cuffe Parade, Colaba, Mumbai 400 005. The prescribed application form will be placed on the RBI’s website.

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CHAPTER-8

DEFECTS IN WORKING

OF FOREIGN BANK: -

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CHAPTER-8

DEFECTS IN WORKING

OF FOREIGN BANK: -

Many complaints have been made against the functioning of the exchange bank in

India. Several defects have been noticed in the working of the exchange banks.

Some of them have been stated below:

1. NO LEGAL RESTRICTIONS:-

For several years in the past, they where no subject to legal restrictions or statutory

obligations.

2. FOREIGN DIRECTORS:-

Their directors, governing bodies and shareholders were entirely foreign.

3. INADEQUATE CASH RESERVE: -

For several years in the past, exchange bank did not maintain adequate cash reserve.

4. MONOPOLY:

Till recently, the exchange bank enjoyed a substantial monopoly in financing

foreign trade of the country. They exploited their advantage and earned high profits.

They also forced Indian exporters and importers to give business to the foreign

shipping companies, insurance companies, while accommodating them. This

restricted the scope of growth of Indian enterprises in shipping and insurance.

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5. UNFAIR COMPETITION:-

They have entered into unfair competition with the Indian bank by attracting

deposits in India by under quoting Indian bank

6. DIFFERENTIAL TREATMENT:-

Exchange banks give differential treatment in financing the export trade of the

country by D/A bills (i.e. documents against acceptance) and the import trade by

D/P bills ((i.e. documents against payments).They, thus discriminate between Indian

and foreign firms. They give foreign importers the benefits of lower rates of interest

prevailing in the London money markets, which is denied to Indian importers.

7. NO PROPER INFORMATION:

They do not provide any guidance information regarding foreign market, prices, etc.

to the Indian exporter.

8. HAMPERING THE DEVELOPMENT OF INDIAN BANKS: -

By extending their business from financing of foreign trade to banking in the

upcountry centers, they restrict the growth of Indian commercial banks.

9. SPLTTING THE MONEY MARKET: -

The exchange bank due o their monopolistic in the financed of foreign trade have

split the money market into European and Indian

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10.LACK OF INDIANISATION:-

Till, now the exchange bank did not have any Indian in the higher posts, expects on

the clerical side.

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CHAPTER-9

EFFECTS OF FOREIGN BANKS ON INDIAN ECONOMY: -

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CHAPTER-9

EFFECTS OF FOREIGN BANKS ON INDIAN ECONOMY: -

Foreign banks have brought latest technology and latest banking practices in India.

They have helped made Indian Banking system more competitive and efficient.

Government has come up with a road map for expansion of foreign banks in India.

There are various advantages and disadvantages of having foreign

banks in India. Some of them are given below:-

Globalization:-

The entry of foreign banks in India has made India to be at an

international level. It has given India an international status. Thus India is

moving towards globalization.

Competitiveness:-

After the set up foreign banks in India, the banking sector in

India also become competitive and accurative.

Employment:-

As new foreign banks are doing business in India and the

number of branches of foreign banks is increasing day by day. So it creates

job opportunities for many people. Thus it makes a lot of educated

unemployed people employed.

Increase in standard of living:-

As foreign banks have created job opportunities the

standard of living of people have improved. They have become aware of the

international standards.

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Improved technology:-

The foreign banks have brought in new and more

sophisticated technology. This has improved the working of banks and the

work can be now done within few seconds.

9.2 Upcoming Foreign

Banks in India

By 2009 few more names is going to be added in the list of foreign banks in

India. This is as an aftermath of the sudden interest shown by Reserve Bank of

India paving roadmap for foreign banks in India greater freedom in India.

Among them is the world's best private bank by Euro Money magazine,

Switzerland's UBS.

The following are the list of foreign banks going to set up business in India:

Royal Bank of Scotland

Switzerland's UBS

US-based GE Capital

CreditSuisse Group

Industrial and Commercial Bank of China

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Merrill Lynch is having a joint venture in Indian investment banking space -- DSP

Merrill Lynch. Goldman Sachs holds stakes in Kotak Mahindra arms.

GE Capital is also having a wide presence in consumer finance through GE Capital

India.

India's GDP is seen growing at a robust pace of around 7% over the next few years,

throwing up opportunities for the banking sector to profit.

9.3 FACTS ABOUT FOREIGN BANKS IN INDIA:-

The India chief executives of most foreign banks say capital is not a concern and that their growth will be fuelled by profits from the local operations that they will retain, but the numbers show that in the past year, their business here has slowed.

The growth, in terms of loans issued, for 30 foreign banks slowed to 16.9% in the year to 2 January, against 30.7% a year ago, according to Reserve Bank of India (RBI) data. And their year-on-year deposit growth shrunk to 12.1%, from 34.1%.

In contrast, the growth of public sector banks, in terms of loans issued, was 28.6%, up from 19.8%, and their deposit growth remained stable at 24.2%, RBI said.

In the year ended 31 March, foreign banks accounted for about 7.5% of banking assets in India. A slowdown in growth will see them lose market share, though all of them consider India as a growth market.

RBS led a consortium that acquired for €71 billion (Rs4.5 trillion today) Dutch bank ABN Amro Bank NV in 2007.

Citigroup Inc. reported a $8.29 billion (Rs40,372 crore today) loss in the fourth quarter (Q4) of 2008. Deutsche Bank AG expects to make an estimated loss of €4.8 billion in Q4 of last year. The German bank’s Q4 and full year earnings will be released later this week.

Among other foreign banks operating in India, Bank of America Corp. has posted a net loss of $1.79 billion in Q4 of 2008, but ended the year with a profit of $4.01 billion.

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HSBC Holdings Plc.’s profit before tax was down 28% in the first half of 2008. It will announce its annual earnings in the first week March. Standard Chartered Bank Plc., which made profits in the first half of 2008, will announce its annual earnings at around the same time.

Another British bank, Barclays Plc., has stuck to its forecast that its 2008 pretax profit will be “well ahead” of £5.3 billion, but international rating agency Moody’s Investors Service recently cut the long-term ratings on the lender by two notches on expectation that losses would rise due to credit related write-downs and rising impairments.

Anticipating pressure on capital, foreign banks have sought RBI’s permission to tap the local debt market for their so-called tier II capital, in line with Indian banks. Tier II

capital consists of hybrid debt-equity instruments and long-term debt, while tier I is the core capital—a bank’s equity and reserves.

Most foreign banks operating in India have registered handsome growth in profits in the past year.

For instance, HSBC India’s net profit for the year ended 31 March increased to Rs1,192 crore, from Rs846 crore in the previous year. Standard Chartered Bank’s net profit for the year ended 31 March increased to Rs1,706.23 crore, against Rs1,364.31 crore in the previous year. Citibank India posted a profit of Rs1,804.26 crore in 2008, up from Rs900 crore in 2007 and Deutsche Bank’s profit in 2008 rose 95% to Rs789 crore.

The US government has so far infused around $2 trillion into its banking system and the British government has unveiled two rescue packages worth £800 billion since October.

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CHAPTER-10Role of foreign banks:-

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CHAPTER-10Role of foreign banks:-

Foreign Banks in India always brought an explanation about the prompt services to customers. After the set up foreign banks in India, the banking sector in India also become competitive and accurative.

Foreign banks play a relatively minor role in the Indian economy, This fact is relevant right now for two reasons. First, the Reserve Bank of India is likely to open up the Indian banking market further. Two, the global credit crisis has shown how problems in Western banks can reverberate through financial systems in emerging markets.

The advantages of greater foreign bank participation are clear: They tend to increase the efficiency of the local banking system, bring in more sophisticated financial services and have the ability to nurse weak banks back to health. That underlies the case for greater freedom for foreign banks.

The credit crisis has brought the dark underside into focus. Global banks that boast of the best practices in the way they allocate capital and manage risks are also prone to make elementary mistakes, partly because of the imperfect nature of regulations and partly because bankers have perverse incentives to be loose with other people’s money.

New rules announced by the Reserve Bank of India for the foreign banks in India in this budget have put up great hopes among foreign banks which allow them to grow unfettered. Now foreign banks in India are permitted to set up local subsidiaries. The policy conveys that foreign banks in India may not acquire Indian ones (except for weak banks identified by the RBI, on its terms) and their Indian subsidiaries will not be able to open branches freely.

The options for foreign banks in India have increased. They have much more flexibility vis-a-vis the nature of their operations in India.

Banks will take a choice on what option they would follow depending on their strategies and the way they operate in other markets. Some banks are comfortable operating as subsidiaries while some are comfortable with the merger and acquisition route.

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Some on the other hand, may prefer to stick to the branch operation route since this would maintain a status quo and not entail some of the additional burdens like increase priority sector lending and adhering to the Companies Act.

This is the route that is likely to be followed by the smaller foreign banks who are niche players in the Indian banking sector.

It is really difficult to give an opinion about what to expect from the new rules for setting up subsidiaries by foreign banks. It will be up to individual banks to take a call on the route that they want to take. Assessment is that some of the bigger foreign banks in India, especially the ones who have indicated they may want to take up a 49 per cent stake in a private bank, may go in for a subsidiary. But the smaller foreign banks will not go in for this kind of a set-up and will prefer to continue operating the way they have been.

The option of setting up a subsidiary will have its own pros and cons. It will allow foreign banks to raise subordinate debt in the local market. But it would also mean adhering to the provisions of the Companies Act, changes in the quantum of directed lending and in the remuneration of senior bankers in tune with guidelines of the Indian law. It will be up to individual banks to use the subsidiary option. However, it may not affect the taking over of 49 per cent in an Indian private sector bank.

Foreign bankers are of the view that one of the major draws for setting up a subsidiary would have been the ability to set up branches without requiring a Reserve Bank of India (RBI) license (like other Indian banks), but now getting a license for a branch from the central bank has also become much easier.

Foreign banks in India now, have three options before them. The first, of course, is to continue as a branch operation with the necessary RBI approvals and grow the business organically.

This option would have ramifications for tier-1 and tier-2 capital and they will have to either bring in capital or retain their profit to carry on the same level of business. Some banks may decide that it is better to be a bank in this category i.e. be a better but different bank and grow its business.

The second option is to continue in India and then take a stake of 49 per cent in a private bank in India. But this option is not an easy option since it would entail two brands in the same country and dilute the brand equity.

It may be a good option for a bank from outside, since it can take control of a local bank with an existing infrastructure. But the bank will have to take the third option is local incorporation. But a network will still have to be build since an existing network will not be present. But the bank will have access to capital with the choice of raising tier-2 capital in the local market like the Indian banks.

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Finance minister in the Budget had allowed foreign banks the option to function as a subsidiary as against a branch set up in India, which is what the foreign banks have at the moment.

But foreign banks will have to adhere to the rules and regulations which the private and state run banks follow. The operational guidelines have not yet come out and the RBI is said to be in the process of formulating the same.

Some economists are of the view that Foreign Banks should, not be allowed to operate in the country. But permission to such banks to operate in the country is unavoidable on the basis of reciprocity. This is certainly the view of the Reserve Bank of India, and it is justified by the success of Indian Banks operating in foreign countries.

Indian Banks have been rapidly expanding their overseas operations. Between 1975 and 1978, the number of offices of Indian Banks in foreign countries had increased by 48, from 77 to 125. This is in contrast with the stagnant number of Foreign Bank Offices in India. As a consequence, the growth of business of Indian Banks has been phenomenal as compared to that of the branches of their foreign counterparts in India. Deposits and advances of Indian Banks abroad have increased by 14% and 18% respectively, whereas the corresponding figures of Foreign Banks in India are 28% and 30% respectively. In terms of remittances of the present banks also, Indian banks are ahead. In 1976, they remitted Rs. 90 millions to India, where their counterparts remitted Rs. 70 millions only.

Indian Banks abroad are involved in many new banking activities. State Bank of India and Bank of Baroda, the two leaders in the sphere, are raising foreign currency funds, for both private and public sector concerns. In addition, these banks are funding many joint ventures in South East Asia. For instance, SBI is funding joint ventures in Singapore, Indonesia and Malaysia. The Bank has arranged finances to the tune of $ 750 million dollars.

We can see clearly that Indian Banks are indeed generating a lot of business overseas.

At present they are operating in as many as 26 countries of which only eight countries

have their own bank branches in India. Thus, the question of reciprocity does indeed

have relevance, because, if we

 want to seek profitable opportunities overseas, we must be prepared to open our own

gates also. In short, the operation of foreign banks in India is fully justified. It is in our

national interest.

India actually favors foreign banks:-

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At present, there are 50 foreign banks operating in India with a network

of a number of branches and off-site ATMs.

The facts indicate that the regulatory regime followed by the RBI in respect of foreign

banks is non-discriminatory, and is, in fact, very liberal by global standards.

India issues a single class of banking license to foreign banks and does not require them

to graduate from a lower to a higher category of banking license over a number of years

as is the practice followed in certain other jurisdictions.

This places them virtually on the same footing as an Indian bank and does not place any

restrictions on the scope of their operations. This is in contrast with practices in many

other countries.

No restrictions have been placed on the establishment of non-banking financial

subsidiaries in India by foreign banks or their group companies. Deposit insurance

cover is uniformly available to all foreign banks at a discriminatory rate of premium. In

many other countries there is a discriminatory regime.

The prudential norms applicable to foreign banks for capital adequacy, income

recognition and asset classification are, by and large, the same as for the Indian banks.

Unlike some of the countries where overall exposure limits have been placed on the

foreign-country related business, India has not placed any restriction on the kind of

business that can be routed through the branchesofforeignbanks.

This has been advantageous to foreign bank branches as the entire home-country

business is generally routed through these branches. Substantial FII business is also

handled exclusively by foreign banks.

In fact, some Indian banks contend that a certain amount of positive discrimination

exists in favor of foreign banks by way of lower priority sector lending requirement at

32 per cent of the adjusted net bank credit as against a level of 40 per cent required for

Indian banks.

Unlike in the case of Indian banks, the sub-ceiling in respect of agricultural advances is

also not applicable to foreign banks whereas export credit granted by foreign banks can

be reckoned towards priority sector lending obligation, which is not permitted for

Indian banks.

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At the end of June 2007, foreign banks had a 6.11 per cent share in total deposits in the

Indian commercial banking system and 6.83 per cent in terms of advances. Foreign

banks were far more dominant in the off-balance sheet business with a market share of

as high as72.66percent.

Besides foreign banks, there are also two large Indian private sector banks in which the

non-resident ownership is very close to the 74 per cent permitted, which is why they can

be considered as incorporated in India but predominantly foreign-owned banks.

These banks together with the foreign banks have a combined market share in the

deposits, advances and off-balance-sheet business of 17.46, 18.65 and 76.63 per cent,

respectively, which, by no means, are insignificant levels.

Moreover, there are also about 10 large listed public sector banks (PSBs) in which the

non-resident/FII shareholding was close to the permitted ceiling of 20 per cent, as at

March-end 2007. In these PSBs, resident private shareholding would thus be close to 30

per cent only.

In the foreign exchange market, these banks had a 41 per cent share in the total forex

turnover in 2005-06 and this rose to 52 per cent in the first half of 2007-08.

Another dimension of the foreign banks' functioning in India is the returns generated

from their Indian operations. The net profit per branch for foreign banks in India for the

year 2005-06 was Rs 11.99 crore (Rs 119.9 million) as against the corresponding figure

of Rs0.33crore(Rs3.3million) for PSBs.

Further, for the year 2006-07, the Return on Assets (ROA) of foreign banks was 1.65

per cent while the Return on Equity (ROE) was 14.02 per cent, as against the

corresponding figures of 0.82 per cent and 13.62 per cent for PSBs.

These returns need to be viewed in the context of the international benchmarks for these

parameters, which are generally considerably lower.

Yet another aspect of the foreign banks' operations is the authorization of their branches

in India. As per India's existing WTO commitments, our obligation is to permit to

foreign banks only 12 licenses per year, including new entrants and existing banks - this

does not include ATMs.

During the period 2003 to October 2007, RBI authorized as many as 75 branches of

foreign banks in India, excluding the off-site ATMs set up by them.

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In this context, an illustration would be revealing of the ground realities. Between 2003

and October 2007, India had granted 19 authorizations to US-based banks, most of

which also stand utilized.

However, during the same five-year period, the US did not authorize any office of

Indian banks in US territory, vis-à-vis the requests for setting up three branches, two

subsidiaries and nine representative offices. Some of the requests have been pending

with US authorities for more than five years.

Yet another aspect of foreign participation in the Indian financial sector is the foreign

ownership of NBFCs operating in India. As of August 2007, in systemically important

non-deposit-taking (ND-SI) NBFCs, those with some element of foreign ownership had

an asset base of Rs 87,542 crore (Rs 875.42 billion) and accounted for more than 26 per

cent of the total assets of this class of NBFCs.

Of these, the NBFCs with majority foreign ownership had an asset base of Rs 34,095

crore (Rs 340.95 billion) accounting for 9.2 per cent of the total assets of this class of

companies. The ND-SI NBFCs, which are not closely regulated by the RBI, therefore,

provide in certain ways a means of expanding the reach of the foreign banks in India.

Thus, the current policy environment enables a fair level of foreign participation even in

the non-banking financial sector of the country.

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CHAPTER-11

HSBC A FOREIGN BANK

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CHAPTER-11

HSBC A FOREIGN BANK

HSBC AN OVERVIEW:-

HSBC's origins in India date back to 1853, when the Mercantile Bank of India was established in Mumbai. The Bank has since, steadily grown in reach and service offerings, keeping pace with the evolving banking and financial needs of its customers.

In India, the Bank offers a comprehensive suite of world-class products and services to its corporate and commercial banking clients as also to a fast growing personal banking customer base.

 

HSBC Group entities in India

The Hong Kong and Shanghai Banking Corporation Limited (HSBC) HSBC Asset Management (India) Private Limited HSBC Global Resourcing / HSBC Electronic Data Processing (India) Private

Limited HSBC Insurance Brokers (India) Private Limited HSBC Operations and Processing Enterprise (India) Private Limited HSBC Private Equity Management (Mauritius) Limited HSBC Professional Services (India) Private Limited HSBC Securities and Capital Markets (India) Private Limited HSBC Software Development (India) Private Limited

History:-

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The antecedents of the HSBC Group in India can be traced back to October 1853 when

the Mercantile Bank of India, London and China was founded in Bombay (now

Mumbai). Starting with an authorized capital of Rs 5 million, the Mercantile Bank soon

opened offices in London, Madras(Chennai), Colombo and Kandy, followed by

Calcutta(Kolkata), Singapore, Hong Kong, Canton(Guan chow) and Shanghai by 1855.

The following hundred years were in many ways propitious for the Mercantile Bank. In

1950 it moved into its new head office building in Mumbai.at Flora Fountain.

The acquisition in 1959 by The Hong Kong and Shanghai Banking Corporation Limited

of the Mercantile Bank was a decisive factor in laying the foundation for today's HSBC

Group. Founded in 1865 to serve the needs of the merchants of the China coast and

finance the growing trade between China, Europe and the United States, HSBC has

been an international bank from its earliest days.

After the Mercantile Bank was acquired by The Hong Kong and Shanghai Banking

Corporation, the Flora Fountain building became and remains to this day, the Head

Office of the HSBC Group in India.

Through the 1990s, HSBC has vigorously developed its role as one of the leading

banking and financial services organizations in the world. Its strategy of 'managing for

value' emphasizes the Group's unique balance of business and earnings between older,

mature economies and faster-growing emerging markets.

HSBC in India is proud to have retained the Group's pioneering streak by being an

active partner in the development of the Indian banking industry - even giving India its

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first ATM way back in 1987. The organisation's adaptability, resilience and

commitment to its customers have further enabled it to survive through turbulent times

and prosper through good times over the past 150 years.

BUSINESS OF HSBC Bank:-

Personal Banking

HSBC offers a wide range of personal financial services, including personal lending and deposit products, through its branch network in Ahmedabad, Bangalore, Chennai, Chandigarh, Coimbatore, Gurgaon, Hyderabad, Jaipur, Kochi, Kolkata, Ludhiana, Mumbai, New Delhi, Noida, Pune, Thane, Trivandrum and Visakhapatnam. Also offered branch-wide are international Gold and Classic credit cards from VISA and MasterCard and debit cards from Visa. Customers have access to 24-hour banking services through an extensive network of automated teller machines (ATMs), an integrated Call Centre, and internet banking.

Non Resident Indian Banking

HSBC's Non Resident Indian Banking (NRI) centres located in Asia-Pacific, the Middle East, Europe and North America, together with HSBC's offices worldwide, provide the international Indian Diaspora access to a range of products and services. These include NRI related investment (both international and domestic), transactional and deposit products, together with a full range of personal and private banking products in India and overseas. Internet banking also provides easy access to HSBCservices.

Financial Planning Services

Services include investment and custodian management and access to stock broking and insurance services, which are offered to resident as well as non-residen Indians.

Corporate Banking

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HSBC has well-established, long-term corporate banking relationships with large domestic Indian corporations and foreign multinationals operating in India. Services include term and working capital finance, trade facilities, corporate deposits, syndications, payments and cash management services and factoring.

Business Banking

HSBC's Extra Mile Business Banking offers two types of account to small and medium-sized businesses - The Business Account and the Business Vantage Account. Services include Business Phone Banking, Business Doorstep Banking and Multi Branch Business Banking.

Payments and Cash Management

HSBC provides integrated domestic and regional transaction support to corporate clients through a sophisticated range of cash management solutions, including collection and payment services and integration with customer back-end systems. Operations and client services are ISO 9001 certified. Hexagon, the HSBC Group's dedicated electronic banking service allows users to perform financial transactions, obtain international financial markets information, and review details of their domestic and international accounts, from anywhere in the world, 24 hours a day.

Trade (international and domestic) and Factoring Services

A wide range of solutions tailored to meet customer's requirements for both domestic and international businesses is offered. HSBC is also one of the leading banks involved in the bullion business through its offices in Ahmedabad, Bangalore, Chennai, Hyderabad, Kolkata, New Delhi and is supported by the Group's global expertise in the precious metal business. HSBC is the leading provider of trade services in India and its trade centers are ISO 9002 certified.

Institutional Banking

Working closely with Group offices in India and overseas, trade services, payments and cash management, treasury and capital markets, custody and clearing, and correspondent and electronic banking activities are offered to banks, financial institutions, securities houses, insurance companies, asset management companies and

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other non-banking companies, non-government and development organizations operating inIndia.

Treasury and Capital Markets

Clients consistently rate HSBC's Treasury business as one of the best in India. Its dealing room in Mumbai is one of the largest in the country, serving clients in Mumbai and in the major metropolitan centers across the country. It provides a comprehensive range of products which include - foreign exchange, money market and fixed income products and derivatives in both rupees and major currencies.

Custody and Clearing

The leading custodian in Asia, HSBC's custody and clearing services are available in 28 markets in Asia-Pacific and the Middle East. With experienced staff and the latest technology, HSBC is the premier provider of sub-custodian and clearing services to foreign institutional investors (FIIs) in India. HSBC clients include the domestic fund management sector in both the retail and institutional segments. Institutional Fund Services launched by the bank offers a comprehensive suite of products to domestic mutual funds and insurance companies ranging from custody, fund administration services, unit distribution and Cash Management Services.

Insurance

HSBC Insurance Brokers (India) Private Limited is licensed by the Insurance Regulatory Development Authority (IRDA) to operate as a composite insurance broking company, which will function as a direct and a reinsurance broker.

Investment banking

HSBC Securities and Capital Markets (India) Private Limited has two main business lines. It’s Institutional and proprietary broking business is based in Mumbai and, has seats on two of India's premier stock exchanges, the Bombay Stock Exchange and the National Stock Exchange. It deals in Indian securities for both Indian and international institutions and for select retail clients and is backed by an extensive research team. The Corporate Finance and Advisory business, with offices in Mumbai and New Delhi, offers a full range of integrated investment banking services in India and internationally.

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CHAPTER-12

The impact on financial and economic stability:-

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CHAPTER-12

The impact on financial and economic stability:-

Foreign banks entry may enhance financial stability by permitting greater

diversification of exposures and by improving risk management. It could also contribute

to making more capital or liquidity available when need. A foreign bank presence could

be practically valuable during periods of banking stress, to diversify against country

specific (systematic) risk that can severely impair the capital of the banking system.

The fact that foreign banks are diversified across different country could well

change the cyclical behavior of the host country financial system since foreign banks

are less sensitive to host country cycles. How valuable this proves to be in practice

depends on how closely the domestic economic cycle is correlated with the global

economy.

Country cyclical changes in foreign bank lending could also help to

amplify the effectiveness of monetary policy. Foreign banks could also be more

resilient during currency crises. Not only do they tend to be more aware of currency

mismatches, they can also call on their parent organizations to provide foreign currency

liquidity.

A number of empirical studies suggest foreign banks do indeed play a

stabilizing role. Using BIS banking statistics for a set of Latin American countries over

the period 1985-2000, Martinez parietal (2002) find that, while foreign bank transmit

external shocks to their host country they become more responsive to host country

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conditions over time and their lending reacts more strongly to positive than to negative

host shocks. They also find that foreign bank lending is not significantly curtailed

during crisis; hence greater foreign bank participation may be associated with a reduced

probability of crisis.

The behavior of foreign banks during certain crisis episodes illustrates the

potentially stabilizing role they can play. It was found that foreign banks did not

abandon the local market during 1997-98 crisis in Malaysia and received less

government support.

Their measure of bank competition differs from others because it is based

on a structural contestability approach. It tests whether an increase in input prices raises

both marginal costs and total revenues by the same amount as the rise in costs (perfect

competition), or whether an increase in input prices increases marginal costs, reduces

equilibrium output and therefore total revenues (monopoly).

In another instance, that lending by foreign bank in Argentina and Mexico

grew faster than leading by domestic banks during 1994-95 crisis. The behavior of

foreign bank in Argentina during that earlier period is confined by the paper by Lacoste

in this volume. There are nonetheless three important questions about the role of foreign

banks.

First, a large foreign banking presence could mean that information

available to host country supervisors can be reduced to the extent that decision-making

and risk management shifts to the parent bank. .the delisting of the equity of local

affiliates on the local exchange removes an important source of market intelligence. In

addition if the integrated firms’ equities are delisted in the local market host country

supervisors can also lose access to key foreign bank decision-makers.

Second, a large foreign bank presence can expose a country to shocks due to

purely external events, such as those affecting the parent bank. The factors that

determine vulnerability to such external shocks, whether the exposure is greater with

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onshore foreign banking as compared to traditional cross-border bank lending, and the

implications for regulatory and supervisory policy also warrant further investigation.

A third issue is the regulatory treatment of foreign currency

denominated lending. A borrower that chooses dollar borrowing to cover local currency

business makes itself a worse credit risk – but this is often not sufficiently recognized

either by the bank in its risk management techniques or by the regulators.

As Basel II aligns capital requirements more closely to differences in credit

risk than Basel regulatory distortions should be reduced. And over time the more

systematic use of default data should clarify which foreign currency loans should be

regarded as a worse credit risk than local currency loans.

The first two concerns have been cited by a report on fdi in the financial

sector by the committee on the global financial system (CGFC 2004) and apply to a

number of countries, including Mexico and New Zealand and Bollard. The series of

events that culminated in Argentina‘s financial crisis in 2001 raises several important

questions. Lacoste find that foreign banks played no stabilizing role in these

circumstances.

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CHAPTER-13

SUGGESTIONS FOR IMPROVEMENT IN FOREIGN

BANKS

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CHAPTER-13

SUGGESTIONS FOR IMPROVEMENT IN FOREIGN

BANKS

The central banking committee which enquired into the working of the

exchange banks in India made many suggestions of their improvement similarly. The

suggestions for the improvement of the working of exchange banks in the country are as

follows: -

1. EFFECTIVE CONTROL OF RESERVE BANK:-

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There should be more effective control by the reserve bank over the exchange

banks. Statutorily, the exchange banks should be treated on with other commercial

banks in the country.

2. APPOINTMENT OF LOCAL ADVISORY BOARD:-

Each branch of every exchange bank should appoint a local advisory boards while

will advise the bank regarding the grant of advances and cash credit. The board is

supposed to maintain sympathetic control with their Indian clients. This will help in

reserving the difficulties presently experienced by Indian customers.

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3. RESTRICTIONS OF DEPOSITS:-

While granting licenses to these banks, the Reserve Bank should put

restrictions on the size of deposits raised by them.

4. RESTRICTIONS ON BRANCH OPENING: -

The exchange bank should not be permitted to open branches

indiscriminately at any place other than the main ports in India. This will present from

the unjustified encroachment in the field of financing of internal trade which is carried

on by the Indian banks at present. Exchange banks are meant to finance foreign trade

only and they should be made to stick to it.

5. NO CONTROLLING INTERST IN INDIAN BANKS: -

The exchange banks should not have any direct or indirect controlling

interest in any Indian banks. To ensure this, Indian Joint Stock banks should maintain

separate registers of their Indian and non- Indian shareholders and even transfer of

shares between them should be carefully scrutinized.

6. RUPEE BILL: -

Exchange banks should help Indian importers if the latter want foreign

exporters to draw on them in rupee bills. Indian traders should be permitted to make a

choice between rupee bills and bills in foreign currencies, as per their convenience.

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7. NO TRUSTEE BUSINESS: -

The exchange banks should not be allowed to undertake trustee business

in the country.

8. NO BUSINESS COMBINES: -

The exchange banks should not be allowed to form any business

combinations, mergers, pools, trusts, rings, etc. without the permission of Reserve Bank

of India.

9. CHECK ON THE FLIGHT OF CAPITAL: -

In order to restrict the flight of capital abroad, the exchange banks should

not be allowed to transfer their profits/capital to their head office abroad.

10. RUPEE SHARE CAPITAL: -

The exchange banks must register their share capital in Indian rupee to

enable Indian to acquire share to increase their participations in these banks

11. ESTABLISHMENT OF INDIAN EXCHANGE BANK: -

The committee of finance for the Private Sector, appointed by the

Reserve Bank of India, had recommended that the government establish an Indian

exchange Bank to carry on business in foreign exchange and financing of foreign trade.

This recommendation must be immediately accepted and implemented.

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CONCLUSION

The banking system is one of the institutions that impinge on the economy and affect its performance for better or worse. Banks as the development agency are the source of hope and inspirations to the masses.

Foreign banks started doing business in India as there are many business opportunities available. India is potential of business. Foreign banks have great impact on the Indian economy. They have brought in new and sophisticated technology. The Indian scenario of banking is changed with the evolution of foreign banks in India. The services of foreign banks are very sophisticated.

However, it would be advisable to allow the foreign banks to continue their operations within the framework of the restrictions imposed on them by the Reserve Bank Of India in such a manner that they do not encroach upon the fields allocated to Indian banks.

It is tempting to conclude that India is better off with its current policy of caution about the entry of foreign banks. But that would be a mistake. While we agree that banking markets tend to be prone to crises and, hence, need tighter regulation than markets in goods and services, India needs more foreign bank participation.

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QUESTIONNAIRE

1. When foreign banks were given approval to do business in India?

2. Foreign banks are governed by which act?

3. What are the guidelines of RBI for foreign banks?

4. What is the procedure to be followed by foreign banks in order to do business in India?

5. What are the extra requirements that have to be fulfilled by foreign banks to do business in India?

6. under what situation, can the license of foreign banks be cancelled?

7. What are the effects of having foreign banks in India?

8. What are the capital requirements for foreign banks?

BIBLIOGRAPHY AND REFERENCES

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Books and magazines:

Banking law and practices in India – By M.L. Tannan Indian Banking – By S Natrajan A Profile of Banks – By RBI Disclosures and norms for private and foreign banks in India- By RBI

Websites: www.RBI.org.in www.hsbcbank.com

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