Question map
With reference to the rule/rules imposed by the Reserve Bank of India while treating foreign banks, consider the following statements : 1. There is no minimum capital requirement for wholly owned banking subsidiaries in India. 2. For wholly owned banking subsidiaries in India, at least 50% of the board members should be Indian nationals. Which of the statements given above is/are correct ?
Explanation
The correct answer is option D (Neither 1 nor 2) because both statements are incorrect.
**Statement 1 is incorrect:** The WOS (Wholly Owned Subsidiaries) will have a minimum capital requirement of Rs. 300[1] crore, i.e., Rs 3 billion. WOS of foreign banks would be treated at par with the new private sector banks in regard to minimum capital requirement (i.e. initial minimum capital of Rs.300 crore)[2]. Therefore, there is indeed a minimum capital requirement, not none as the statement claims.
**Statement 2 is also incorrect:** Not less than 50 per cent of the directors should be Indian nationals resident in India[3]. More specifically, a minimum of 50% of directors must be Indian Nationals/NRIs/PIOs, with at least one-third being resident Indian Nationals[4]. The statement's requirement is subtly different - it requires at least 50% to be Indian nationals (implying resident), but the actual rule allows Indian Nationals/NRIs/PIOs to constitute 50%, with only one-third needing to be resident Indian nationals.
Since both statements are incorrect, the answer is option D.
Sources- [1] https://dea.gov.in/files/annual_reports_documents/AR_ENGLISH.pdf
- [2] https://wtocentre.iift.ac.in/CBP/FDI%20Policy%20in%20Banking_Shri%20Shashank%20Saxena.pdf
- [3] https://rbi.org.in/upload/content/images/Annexure.html
PROVENANCE & STUDY PATTERN
Full viewThis question is a 'Logical Sitter' disguised as a 'Factual Bouncer'. While the specific board composition rule (50%) is obscure regulatory minutiae, Statement 1 ('No minimum capital') is financially absurd. No central bank allows a bank to open with zero capital. The strategy is to use 'Regulatory Common Sense' to kill S1, then make an educated guess on S2 based on the principle of 'Localisation'.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: What minimum capital requirement does the Reserve Bank of India (as of 2024) impose on wholly owned banking subsidiaries of foreign banks in India?
- Statement 2: What are the Reserve Bank of India (as of 2024) rules on the nationality composition of the board of directors for wholly owned banking subsidiaries of foreign banks in India, specifically whether at least 50% of board members must be Indian nationals?
- Explicitly states the minimum capital requirement for WOS of foreign banks.
- Gives the amount both in rupees and in words (Rs. 300 crore = Rs 3 billion), directly answering the question.
- Treats WOS of foreign banks at par with new private sector banks regarding minimum capital.
- Specifies the initial minimum capital as Rs. 300 crore.
States RBI's current overall minimum capital adequacy requirement under Basel III: total capital 11.5% (including 2.5% conservation buffer and Tier‑1 7%).
A student could use this as a baseline regulatory minimum to compare against any specific subsidiary paid‑up capital or capital‑adequacy floor the RBI might set for foreign bank subsidiaries.
Notes that Scheduled Commercial Banks have to meet the minimum Basel III capital requirement and that falling below regulatory minima restricts lending.
One could infer that RBI expects entities operating as SCBs in India (including subsidiaries) to meet Basel III minima, so look for any additional RBI rule that adds a numeric subsidiary floor on top of Basel minima.
Gives historical context: Basel accords set minimum capital ratios (Basel I: 8% RWA; India applied CRAR norms and earlier RBI guidance set CRAR targets).
Use this pattern (Basel norms -> RBI adoption -> possible higher domestic floors) to suspect RBI might specify either a ratio or a paid‑up capital amount for foreign subsidiaries; check which form (ratio vs absolute amount) is used.
Provides an example of an absolute paid‑up capital threshold used in Indian bank regulation (₹5 lakh) for recognition as a scheduled bank.
A student could reason RBI sometimes uses absolute capital amounts in rules, so they should check whether the subsidiary requirement is an absolute paid‑up capital figure (like this example) rather than only a capital‑adequacy ratio.
Describes RBI’s regulatory oversight of foreign banks seeking presence in India and that applicants must disclose shareholders' financial position.
This indicates RBI imposes entry/structural conditions on foreign banks — prompting a search for a specific RBI circular or guideline that lays out a minimum capital requirement for wholly owned subsidiaries.
- This is an RBI source specifying board composition requirements for WOS of foreign banks.
- It explicitly states the 50% nationality requirement for directors.
- Summarizes corporate-governance localization requirements referencing the same 50% threshold.
- Adds the nuance that the 50% can include Indian nationals, NRIs, or PIOs, with one-third being resident Indian nationals.
- Legal/industry discussion restating RBI's nationality and residency norms for WOS boards.
- Specifies the minimum 50% requirement and the one-third resident Indian nationals element.
Says RBI issues guidelines for directors of banks and has powers to appoint additional directors and to approve senior appointments in commercial banks (except PSBs).
A student could infer RBI likely regulates board composition and then check RBI master directions or subsidiary-specific circulars to see if nationality requirements (eg. ≥50% Indian nationals) are mandated.
Notes RBI published a document (2005) on presence of foreign banks in India and that foreign banks must apply to RBI with shareholder details to open branches.
One could use this pattern (RBI guidance for foreign bank presence) to search RBI notifications on foreign bank subsidiaries for any board nationality rules.
Shows RBI classifies banks (including 'Private Sector Foreign Banks') and sets criteria for recognition, indicating RBI's role in regulatory categorization of foreign-owned banks.
A student might use this to justify checking regulatory criteria for recognition or licensing of a 'wholly owned subsidiary' for any director nationality conditions.
Explains IFSC units are treated as foreign territory and that RBI ODI rules apply differently, highlighting that location/type (IFSC vs onshore) can change applicability of RBI rules.
This suggests a student should distinguish onshore wholly owned subsidiaries from IFSC units when testing whether a nationality quota for board members applies.
Lists RBI's own fully owned subsidiaries, indicating RBI's practice of specifying governance for subsidiary entities.
A student can reason that if RBI sets governance norms for its subsidiaries, it may similarly set governance expectations for foreign-bank subsidiaries, prompting a targeted search of RBI subsidiary/foreign bank governance guidelines.
- [THE VERDICT]: Logical Sitter. While the source is the specific RBI 'Scheme for setting up of Wholly Owned Subsidiaries (WOS) by foreign banks', Statement 1 can be eliminated by basic economic logic.
- [THE CONCEPTUAL TRIGGER]: Banking Regulation > Foreign Banks in India > Modes of Presence (Branch vs. Wholly Owned Subsidiary).
- [THE HORIZONTAL EXPANSION]: Compare WOS vs. Branch mode: 1) Capital: WOS needs ₹500 Cr (initial min), Branch needs $25 million. 2) PSL: WOS = 40% (same as domestic), Branch (<20 branches) = 40% but different sub-targets. 3) Governance: WOS needs local board (50% Indians), Branch does not. 4) Expansion: WOS gets near-national treatment for branch opening, Branch needs specific approvals.
- [THE STRATEGIC METACOGNITION]: When studying a specific banking license type (SFB, Payment Bank, WOS), always memorize the 'Entry Barrier' (Capital) and the 'Control Lever' (Board Composition/Voting Rights). RBI encourages WOS mode to 'ring-fence' capital within India; knowing this intent helps derive the rules.
Understanding RBI's minimum total capital ratio is essential when asking about any capital requirement for banks operating in India.
High-yield for questions on bank regulation and financial stability; links to topics on Basel norms, bank solvency and lending capacity. Mastery helps answer questions on regulatory buffers, why regulators restrict lending when capital nears minimums, and differences between Tier 1/Tier 2 components.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 2: Money and Banking- Part I > 2 Money and Banking- Part I > p. 94
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 2: Money and Banking- Part I > 2 Money and Banking- Part I > p. 95
Minimum paid-up capital and reserves requirements determine which banking entities qualify as scheduled banks and frame baseline capital questions.
Useful for questions on bank classification, regulatory thresholds and bank licensing; connects to banking regulation, deposit insurance coverage and differences between scheduled and non-scheduled banks. Enables answering policy and institutional-design questions about entry conditions for banks.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 7: Money and Banking > Criteria for Recognition as Scheduled Commercial Bank > p. 175
Regulations governing foreign banks' presence (branches, subsidiaries) are directly relevant when asking about capital rules for wholly owned subsidiaries.
Important for questions on foreign bank operations, branch vs subsidiary distinctions and RBI's supervisory role; helps frame why different capital or structural requirements might apply to foreign entities and how RBI evaluates applicants.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 7: Money and Banking > 24. Private Sector Foreign Banks > p. 178
RBI must give prior approval for appointment, re-appointment and termination of Chairman, Whole-time Directors, Managing Director and CEO of commercial banks (except PSBs).
High-yield for questions on banking regulation and corporate governance: explains how RBI exercises control over bank leadership and appointments, links to issues of accountability and regulatory oversight; useful for answering questions on bank governance, regulatory limits, and comparative roles of the RBI and government.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 2: Money and Banking- Part I > Commercial Banks > p. 66
Foreign banks seeking to open branches in India must apply to the RBI and provide details about shareholders' financial position and other disclosures.
Important for questions on foreign bank operations, entry conditions and cross-border banking norms: clarifies RBI's gatekeeping role for foreign entrants and connects to topics like capital controls, market access and financial stability.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 7: Money and Banking > 24. Private Sector Foreign Banks > p. 178
Specific Acts requiring government majority shareholding and voting power empower the government to appoint Boards of Directors of Public Sector Banks.
Essential for understanding state control of public sector banks and governance implications: links to questions on bank nationalization, political oversight, governance failures, and reform proposals for PSU banks.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 3: Money and Banking - Part II > P J NAYAK Committee > p. 128
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 3: Money and Banking - Part II > P J NAYAK Committee > p. 129
The 'Ring-Fencing' Clause: A WOS is a separate legal entity from the parent foreign bank. If the parent bank collapses globally (like SVB or Lehman), the assets/capital of the Indian WOS cannot be easily pulled out to save the parent. This is why RBI prefers WOS over the Branch model.
Apply the 'Prudential Absurdity' filter. Statement 1 claims 'No minimum capital requirement.' In a Basel III world, Capital is the primary buffer against risk. It is impossible for a conservative regulator like RBI to allow a foreign entity to handle Indian public money with zero minimum capital. S1 is false -> Answer is B or D.
Mains GS-3 (Financial Stability) & GS-2 (Sovereignty): The WOS policy is a classic example of 'Financial Localisation'. It protects the domestic economy from 'Global Contagion' (imported recessions), ensuring that Indian depositors aren't penalized for a bank's failure in the US or Europe.