A.P. (DIR Series) Circular No.18 dated the 19th October,2000Dear Sirs,
State Bank of India has been permitted to float a scheme called `India Millennium Deposits'. The details of the scheme will be announced by State Bank of India.
- Authorised dealers are permitted to grant loans in non-repatriable rupees, in India, to the holders of IMDs for personal purposes, and for carrying on business activities except for the purpose of relending or carrying on agricultural/plantation activities or for investment in real estate business. NRIs ( and not OCBs) may be granted loans in non-repatriable rupees for acquisition of immovable property in terms of Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000 subject to the following conditions:
- The loans should be fully secured by the value of deposits and accrued interest.
- The regulations relating to margin, rate of interest, etc. as stipulated by the Reserve Bank from time to time are adhered to.
- The period of loan should not exceed the unexpired period of maturity of the deposits.
- The loan should be repaid out of remittance from abroad or maturity proceeds of the deposits or out of funds held in India by the deposit holder.
- Authorised Dealers may also grant loans to the account holders for the purpose of making direct investment in India on non-repatriation basis, subject to compliance with the provisions of Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations 2000, Foreign Exchange Management (Investment in firm or proprietary concern in India) Regulations 2000 and subject to the conditions stipulated in paragraph 2 above.
The loan amount may be disbursed directly to the investee firm/company on behalf of the IMD holder.
- Authorised dealers may grant loans/overdrafts to individuals/firms/companies resident in India against the collateral of IMDs, subject to usual norms and the following conditions
- There should be no direct or indirect foreign exchange consideration for the non-resident depositor to pledge his deposits to enable the resident to obtain the loan.
- The period of loan should not exceed the unexpired maturity of IMDs.
- Regulations relating to margin, interest rates, purpose of loan as stipulated by the Reserve Bank from time to time are adhered to.
- The loan should be utilised for personal purposes/for carrying on business activities other than agricultural/plantation activities or real estate business. The loan should not be utilised for relending.
- The loan should be granted only against a special mandate from the NRI IMD holder.
- Authorised dealers shall not grant foreign currency loans against the security of IMDs.
- Authorised dealers may bring the contents of this circular to the notice of their constituents concerned.
- The directions contained in this circular have been issued under Section 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and any contravention or non-observance thereof is subject to the penalties prescribed under the Act.
Sd/-
K.J. Udeshi
Chief General Manager
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