Rbi was established on 1 april 1935 by the rbi act 1934. Directions, 2016, the reserve bank of india act, 1934 and all circulars, notifications, guidelines, directions framed thereunder including any statutory modifications or reenactments thereof, the securities and exchange board of india listing obligations and disclosure. Acquisition and transfer of undertakings act, 1970 5 of 1970 1. Reporting obligations under the securities exchange act of 1934. These are licensed under section 22 of the banking regulation act, 1949 and are governed by the provisions of rbi act, 1934 and fema. Reserve bank of india act, 1934 as amended by the finance no. Though the reserve bank of india has taken efforts to ensure the accuracy of the text as well as the footnotes of the act, it will not be responsible in. History books, newspapers, and other sources use the popular name to refer to these laws. April 14, 2015 dear all welcome to the refurbished site of the reserve bank of india. Rbi was set up in 1935 under the reserve bank of india act, 1934.
Reserve bank of india rbi, the monetary authority of india was established in 1935 and nationalised on. The bank has licensed several banks asauthorized dealers in foreign exchange. Main functions act, 1934 bank of issue under sec 22 rbi has sole right to issue one rupees notes and small coins in country as agent of government. The central office of the reserve bank was established in calcutta but later it was permanently moved to mumbai in year 1937. Merger control laws and regulations india covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. Reserve bank of india act, 1934 is the legislative act by which the reserve bank of india was formed. The surviving corporation acquires the assets and liabilities of the merged corporations by operation of state law. Reserve bank of india act, 1934 is the legislative act under which the reserve bank of india. It was established via the rbi act 1934, so it is also known as a statutory body. Any bequest, devise, gift, grant or promise contained in a will or other instrument of donation, subscription or conveyance that is made to a public benefit corporation and that takes effect or remains payable after a merger or consolidation inures to the surviving corporation unless the will or other instrument otherwise specifically provides. Introductory we are living in a free market economy age where business entities are engaged in competitive practices. Under section 45ic of the reserve bank of india act, 1934 the reserve created can neither be diversion of income at source nor constitute an expenditure or liability. Companies subject to the reporting requirements of the securities exchange act of 1934, as amended exchange act, without current business operations a shell, and which are trading on the over the counter market otcqb, otcqx and otcbb have become the vehicle of choice for private companies seeking to go public through a reverse.
Adhiyaman grama bank, dharampuri, tamil nadu excluded by rbi notification no. Banking in india types of banks banking classification. The reserve bank of india rbi is indias central bank, which controls the issue and supply of. In this chapter, unless the context otherwise requires 25 a business of a nonbanking financial institution means carrying on of the business of a financial institution referred to in clause c and includes business of a. Merger and acquisition of the undertaking of banking companies in. Download reserve bank of india act, 1934 rbi book pdf free download link or read online here in pdf. Mergers and acquisitions are usually, but not always, part of an expansion strategy. Major provisions of reserve bank of india act, 1934 gktoday. Securities exchange act of 1934 university of delaware. Jul 22, 2008 as of july 15, 20081, the act to amend the dutch civil code dcc to bring the articles of the code in line with the requirements of the european corporate merger directive of october 26, 20052.
Rbi did not start as a government owned bank but as a privately held bank without major government ownership. What was new was the view that concern with market power over price would be the principal focus of clayton act merger enforcement. The reserve bank of india was established on april 1, 1935 under the reserve bank of india act, 1934. According to the reserve bank of india act of 1934, the bank was required to buy and sell at fixed rates any quantity of sterling in lots of not less than rs. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any number of laws named for victims of crimes.
Pdf the impact of the telecommunications act of 1996 in the. Whereas it is expedient to constitute a reserve bank for india to regulate the issue of bank notes and the keeping of reserves with a view to securing monetary stability in 2india and generally to operate. Sec adopts ammendments to rule 10b18 and new rules governing. Operations of nbfcs are regulated under a countrys banking regulations but it is established under the companies act, 1956. Swiss merger act on july 1st, 2004, the new swiss merger act came into force. This week well look at the advisory committee on small and emerging business recommendations regarding registration requirements and reporting obligations under the securities exchange act of 1934. Archived from the original pdf on 14 november 2016. Ncert solutions for class 10 social science economics chapter 1 development pdf.
Sec adopts ammendments to rule 10b18 and new rules governing disclosure of issuer repurchases of their equity securities the sec has recently taken action with respect to certain repurchases by issuers of their equity securities. Banking companies acquisition and transfer of undertakings act. The section 22 of banking regulations act 1949, everybank has to obtain a license from rbi carrying onbanking business. After a plan of merger has been adopted and approved as required by this chapter, articles of merger shall be signed on behalf of each party to the merger. Now it is proposed to amend subsections 1 and 1aa of section 42 of the reserve bank of india act, 1934 to enable the reserve bank of india to raise, as and when necessary, the ceiling on cash reserve ratio from fifteen per cent.
The indian banking sector is regulated by the reserve bank of india act 1934 rbi act and the banking regulation act 1949 br act. According to rbi act, 1934 the bank wasrequired to buy and sell at fixed rates. Section 45zb of the amended rbi act, 1934, also provides for an. Under section 45 of the banking regulation act, rbi has the power to force the. The reserve bank of india rbi, indias central bank, issues. An owner of more than 10 percent of a class of equity securities registered under the 1934 act. The directors are appointed for a 4year term by the government of india in keeping with the reserve bank of india act. List the future effective date the merger is to take effective if the merger is not to take effect on the date of filing articles of merger with this office. This sometimes if not always leads to the monopolisation of the market by way of anticompetitive agreements, abuse of dominance, mergers and.
The reserve bank of india has the responsibility to maintain the official rate of exchange. The bank was set up based on the recommendations of the 1926 royal commission on indian currency and finance, also. The reserve bank of india rbi is the apex financial institution of the countrys financial system entrusted with the task of control, supervision, promotion, development and planning. All books are in clear copy here, and all files are secure so dont worry about it. To view the pdf you will need acrobat reader, which may be downloaded from the adobe site. Disclosure policy table of contents policy statement. Powers, history, functions of the reserve bank of india rbi. The reserve bank of india was conceptualised based on the guidelines presented by the central legislative assembly which passed these guidelines as the rbi act 1934. Important sections in reserve bank of india rbi act 1934.
Whereas it is expedient to constitute a reserve bank for india to regulate the issue of bank notes and the keeping of reserves with a view to securing. By means of a codification of recent practice, supplemented by quite detailed procedural provisions, this law makes available certain important new transactional tools for facilitating reorganisations. Foreign corrupt practices act v fcpa makes it a crime for any american firm to offer, promise, or make payments or gifts of anything of value to foreign officials and certain others in order to influence a governmental decision. The reserve bank of india was established on april 1, 1935 in accordance with the provisions of the reserve bank of india act, 1934. Statutory merger law and legal definition uslegal, inc. Unless otherwise provided in a plan of merger or in the laws under which a foreign limited liability company or a domestic or foreign other business entity that is a party to a merger is organized or by which the merger is governed, after the plan has been approved as required by this article, and at any time before the certificate of merger has become. Major provisions of reserve bank of india act 1934 pdf. The telecommunications act of 1996 is arguably the single most important piece of legislation since the communications act of 1934, one that affects the telecommunications industry, consumers, and. What are the main functions of reserve bank of india. Scottrodino act hsr are noted at relevant points throughout this guide.
This simple guide is intended, therefore, to provide an overview of the essential jurisdictional, procedural, and substantive elements of the ec merger regulation, highlighting changes made by the 2004 amendments as well as differences with u. On april 1, 1935 the reserve bank of india was established. Similarly, sbi is also a statutory body deriving its legality from sbi act 1935. Full text containing the act, reserve bank of india act, 1934, with all the sections, schedules, short title, enactment date, and footnotes. The western area shall consist of the states of goa, gujarat, madhya pradesh and maharashtra and the union territories of dadra and nagar haveli, and daman and diu. Fox on the surface, there appears to be much in common between competition law in the united states and competition law in the european union. Read online reserve bank of india act, 1934 rbi book pdf free download link book now. Reserve bank of india act, 1934 as modified up to january 7, 20 table of contents chapter i preliminary 1. Reserve bank of india act, 1934 is the legislative act under which the reserve bank of india was formed.
Mar 10, 2008 11 march 2008 section 451f of rbi act, 1934 defines a nonbanking finance company nbfc as a financial corporation which is a company, a nonbanking institution which has as its principal business, the receiving of deposits under any scheme or arrangement or in any other manner or lending in any manner. Section 58 of the reserve bank of india act, 1934 ii of 1934 and in supersession of the reserve bank of india general regulations, 1935, the central board of the reserve bank of india, with the previous sanction of the central government, is pleased to make the following regulations, namely. They can be horizontal deals, in which competitors are combined. Under section 45 ia 4c of the rbi act, 1934, a certificate of registration can only be given to a company if the bank is satisfied, inter alia, that the general character of the management or the proposed management of the nonbanking financial company shall not be prejudicial to the public interest or the interests of its depositors. Reserve bank of india act 1934 2 of 1934 section 43.
Bank of india act, 1934 confers powers to the reserve bank to regulate the. Merger control 2020 laws and regulations india iclg. Reserve bank of india is controlled by a central board of directors. The reserve bank of india regulates the nbfcs under reserve bank of india act, 1934. Mar 01, 2017 central government may refer the scheme to nclt for considering the scheme under section 232 of the companies act, 20 as a normal merger. The reserve bank of india is entrusted with the responsibility of regulating and supervising the nonbanking financial companies by virtue of powers vested in chapter iii b of the reserve bank of india act, 1934. The major distinction between merger under the companies act and. The clarification came in the wake of widespread rumours about governments decision to invoke neverbeforeused powers by invoking section 7 of the reserve bank of india rbi act, 1934. The reserve bank of india act 1934 is an act to constitute a reserve bank of india rbi and provide the central bank rbi with various powers to act as the central bank of india. File copy of the order with the registrar of the companies in e form inc 28 fast track merger process under companies act, 20 14. Public shell companies, otcqb, otcqx and otcbb shells. Section 45ia in the reserve bank of india act, 1934. Securities exchange act of 1934 section 10 manipulative and deceptive devices it shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange b. Reserve bank of india act, 1934 rbi pdf book manual.
Provide the address of the limited liability company where the agreement of merger is on file. In september 2016, rbi issued master direction nbfcnonsystemically important nondeposit taking company reserve bank directions, 2016, to be followed by nbfcs. The second schedule to the reserve bank of india act, 1934 sections 2e and 42 scheduled banks state cooperative banks andhra pradesh state cooperative bank ltd. On 3 february 2010, the united kingdoms office of fair trading oft requested, on the basis of article 92a of the ec merger regulation, a partial referral of the proposed transaction from the commission to the oft in relation to the parts of the. Rbi is the queen bee of the indian financial system which influences the. Section 45ic reserve fund rbi norms of 45ic in india. These guidelines shall cover the undernoted situations. Any information derived from these reports or contained in. Under section 45ic of the reserve bank of india act, 1934, reserve is created of not less than 20% of net profit every year.
The reserve bank of india rbi was constituted under the reserve bank of india act, 1934 and started functioning with effect from 1 april, 1935. There is a separate master direction for nbfcs which accepts public deposit or nbfcs with an asset size above rs 500 crore. Subject to any such directions, the general superintendence and direction of the affairs and business of the bank shall be entrusted to a central board of directors which may exercise all powers and do all acts and things which may be exercised or done by the bank. The reserve bank of india was established on april 1, 1935 in accordance with the provisions of the reserve bank of india act, 1934 the central office of the reserve bank was initially established in calcutta but was permanently moved to mumbai in 1937. Gk, general studies, optional notes for upsc, ias, banking, civil services. B278820 comments on the federal communications commissions. The 20 act states that merger between indian companies and companies in notified foreign jurisdiction shall also be governed by the same. One, in addition to the default site, the refurbished site also has all the information bifurcated functionwise. A statutory merger is defined as a combination of two or more corporations under the corporation laws of the state, with one of the corporations surviving. The central office is where the governor sits and where policies are formulated. This act may be called the reserve bank of india act, 1934. Article 85 of the treaty of rome,1 which prohibits agreements that distort competition and, accordingly, agreements that fix prices, is roughly. Reserve bank of india act, 1934 was enacted on 6 march, 1934 to constitute the reserve bank of india.
Merger or amalgamation of company with foreign company the 1956 act does not contain provisions for merger of indian company into a foreign company transferee company has to be an indian company. Reserve bank of india act, 1934 as modified up to february 28, 2009 disclaimer. The main customers of small finance banks include micro industries, small and marginal farmers, unorganized sector entities and small business units. Rbi is the oldest among the central banks operating in developing countries, though it is much younger than the bank of england and the federal reserve board operating as the central banks in uk and. Apr 30, 20 in india, rbi has maintain the rate ofexchange. The reserve bank of india is to implement a merger plan of 10 staterun banks into 4 larger banks from april 1, 2020. The reserve bank, together with such other persons as may from time to time become shareholders in the state bank in accordance with the provisions of this act, shall, so long as they are shareholders in the state bank, constitute a body corporate with perpetual succession and a common seal under the name of the state bank of india, and shall sue and be sued in that name. There are various section in the rbi act but the most controversial and confusing. This act along with the companies act, which was amended in 1936, were meant to provide a framework for the supervision of banking firms in india. The central office of the reserve bank was initially established in calcutta but was permanently moved to mumbai in 1937.
Generally, merger remedies are classified as either structural or behavioural or conduct. The rbi will regularly issue directives to the commercial banks to lend loans to smallscale industrial units. Notwithstanding anything contained in subsection 1, a nonbanking financial company in existence on the commencement of the reserve bank of india amendment act, 1997 and having a net owned fund of less than twentyfive lakh rupees may, for the purpose of enabling such company to fulfil the requirement of the net owned fund, continue to. The reserve bank of india was founded on 1 april 1935 to respond to economic troubles after the first world war. Reserve bank of india act, 1934 bare acts law library. Though initially rbi was privately owned, it was nationalized in 1949. Reports on annual financial inspection of banks financial institutions fis as also scrutiny under the provisions of the banking regulation act b. The reserve bank of india act, 1934 1 the first schedule see section 9 21. If any doubt occurs or discrepancy found, the reader is advised to refer to the gazette copy of the relevant text.686 765 1078 1214 1379 1231 717 1348 1661 209 1442 883 1360 39 670 988 1636 1048 1222 569 1438 1571 690 1245 852 1367 984 917 209 1111 997 166 872 364 1077 672 1495 432 349 813 754 707