RBI imposes penalty on Progressive Co-operative Bank Ltd., Mumbai
Reserve Bank of India has informed the
public at large of imposing a monetary penalty of ₹ 4.00 lakh (Rupees Four lakh
only) on Progressive Co-operative Bank Ltd., Mumbai.
The monetary penalty was for violation of instructions/guidelines
issued by the Reserve Bank of India relating to lending to nominal members,
financing an NBFC and KYC norms.
Nominal Members:
There are two classes of Members in Urban
Co-operative Banks i.e Regular Members and Nominal Members.
Regular members subscribe to the share
capital of the bank, participate in the affairs of the bank, have right to
contest to the Management Committee and can avail of any type of loan facility.
Nominal membership in Urban Cooperative Banks
was introduced only to enable borrowers to occasionally borrow against pledge
of tangible securities such as gold, government securities and NSCs, etc.
Besides, if a person has to stand as a surety to a borrower, he has to
necessarily be a nominal member under the cooperative law.
Thus, nominal members are those, who are
not interested in the management of the bank but desire to avail of loan
facilities at infrequent intervals, who do not subscribe to the share capital
of the bank, and hence, are not eligible for dividend.
Besides, nominal members also do not have
voting rights, nor can they contest elections to the Boards of the Banks. Under
the existing policy of RBI, nominal membership should not exceed 20% of the
regular membership.
Financing an NBFC
Financing of Leasing / Hire Purchase
Companies - Enrolment of Financial Companies as Members
(i) UCBs are normally not expected to
enroll non-banking financial institutions like investment and financial
companies as their members since it would be in contravention of the State
Co-operative Societies Act concerned and will also not be in conformity with
the provisions of model bye-law No.9 recommended for adoption, by all banks.
(ii) Therefore, the UCBs are not permitted
to finance non-banking financial companies (NBFCs), other than those engaged in
hire purchase / leasing. Such NBFCs stand reclassified as Asset Finance Companies
vide DNBS Circular dated September 15, 2008.
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