OTM Financial Services Limited got the license to operate the Payment Bank in India from RBI. As per the terms of the license, where compliances including KYC verification are required to be complied with strictly from t

CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · June 2024
OTM Financial Services Limited got the license to operate the Payment Bank in India from RBI. As per the terms of the license, where compliances including KYC verification are required to be complied with strictly from time to time. OTM Financial Services Limited made various non-compliances and accordingly lot of restrictions and penalties were imposed by RBI. Thereafter, RBI approved a Scheme by which the payment bank may be transferred to any Public Sector Undertaking (PSU). A leading PSU in financial sector is interested to acquire the business of OTM Financial Services Limited. Before making any offer, the Management of the Bank requires the check points to be considered as other terms and condition for running the business of payment bank. Prepare a note.

Answer & Explanation:

The other terms and conditions for running the business of payment bank are as follows: To be registered as a public limited company under the Companies Act, 2013. Payment Banks cannot form subsidiaries. For the first five years, the promoters stake to remain at 40% at minimum. Foreign shareholding will be allowed in these banks as per extant FDI norms. The voting rights will be regulated as per provisions of The Banking Regulation Act 1949. [Voting rights are restricted at 10% for any one share holder. RBI has the discretion to raise this to 26% on merits.]. If there is any acquisition of more than 5% shares this will require prior RBI approval. The majority of the bank's board of directors should consist of independent directors, appointed according to RBI guidelines. The bank should be fully networked from the beginning. (Initially, the deposits will be capped at ₹1,00,000 per customer, but later it may be raised on the basis of performance of the bank.) No lending activity is permitted. Bank can accept utility bills. A quarter of its branches should be in unbanked rural areas.

Topics: Banking Law

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