MCA prescribes fee payable for registration of offices (See 'Dashboad') MCA notifies October 05, 2018 as date of enactment of Rules for appointment & qualification of directors (See 'Dashboard') Govt amends Companies (Corporate Social Responsibility Policy) Rules, 2014 (See 'Dashboard') Govt amends Limited Liability Partnership Rules, 2009 (See 'Dashboard') Companies Act - When Respondent's challenge to constitutional validity of provisions of Companies Act, 2013 was only limited to grant of interim relief by way of release from Judicial custody, decision of High Court to held provisions apart from sections 212(6)(ii) & 212(7) as ultra vires is unsustainable: SC (See 'Legal Desk') SEBI Act - Veto rights accrue to Noticee, to protect value of their shareholding in USL, cannot be held similar to controlling interest as defined under regulation 2(1)(e) of SAST Regulations: SEBI (See 'Legal Desk') SAIL's EBIDTA rises to Rs 5200 Crore (See 'Corf Brief') NCLT allows Shivinder to withdraw plea against brother Tariff negotiations with US underway: Steel Minister WPI inflation drops to 4-month low of 4.53 % in August Govt amends Schedule V of Companies Act, 2013 (See 'Dashboard') Govt notifies sections 66 to 70 of Companies (Amendment) Act, 2017 w.e.f. September 12, 2018 (See 'Dashboard') Govt amends Companies (Appointment & Remuneration of Managerial Personnel) Rules, 2014 (See 'Dashboard') Copyright Act - Considering philanthropic & spiritual nature of literary work involved and since parties has requested to dispose of suit, where defendant is ready to suffer injunction, matter is liable to be decreed in favour of plaintiff by way of damages only: HC (See 'Legal Desk') Companies Act - Section 164 of Companies Act 2013 for disqualification of directors for non filing of return for continuous period of three FYs was notified w.e.f April 1, 2014 and thus, ROC is not justified in taking first FY from April 1, 2013 to calculate period of default: HC (See 'Legal Desk') Fugitive Economic Offenders Act - a step in the right direction (See 'CORP EINSICHT') MCA notifies Rules to empower shareholders in deciding salary of managerial staff (See 'Corpbrief') Govt appoints Ms Tajinder Mukherjee, GM, NIACL as CMD of NICL (See 'Dashboard') Govt appoints Mr Girish Radhakrishnan, GM, NIACL, as CMD of UIICL (See 'Dashboard') Govt scraps need for approval regarding remuneration to managerial personnel beyond individual limits (See 'Corpbrief') Trademarks Act - Word 'PARAS' has acquired distinctiveness and is well known in area of milk & milk products, therefore, unauthorized use of same in respect of identical items amounts to violation under trademarks laws and constitute passing off: HC (See 'Legal Desk') SEBI Act - On failure to exercise proper due diligence in ensuring adequacy of disclosures for advancement of ICDs by group company in offer document of IPO, penalty is attracted: SEBI (See 'Legal Desk') GST - More needs to be done to incentivise 'sluggish' compliance! (See 'Cob(Web)' in 'TIOL') SIDBI-SKDRDP sign MoU to enhance credit delivery to micro enterprises (See 'Corpbrief') IEPF inks MoU with CSC to promote investor education (See 'Corpbrief') India hikes ethanol price by up to 25% Modi to hold a meeting this weekend over rupee & oil prices Govt amends National Institute of Design Act to include 4 new Institutions (See 'Corpbrief') Cabinet approves Transfer of land of Rashtriya Chemicals to MMRDA Cabinet okays Scheme to aid farmers (See 'Corpbrief') Cabinet approves transfer of RCF land to Mumbai Municipal Corporation (See 'Corpbrief') Competition Act - For provision of services for development & sale of residential apartments in Gurgaon, relevant geographic market cannot be extended to entire region of NCR, having regard to ecosystem of residential area in terms of infrastructural amenities: CCI (See 'Legal Desk') Trade Marks Act - In absence of any documentary evidence which establishes prior use by respondent, appellant cannot be altogether injuncted from using trademark at interim stage, if it has been functioning with such trademark from long time: HC (See 'Legal Desk') Fair Market Conduct - SEBI to crystallise view soon, says Tyagi (See 'Corpbrief') Govt working with RBI to check plummeting rupee 'Google Pay' - More time sought to comply with RBI norms Clarification in filing BEN-1 under the Companies Act, 2013-reg (See 'Dashboard') Govt amends Companies (Prospectus & Allotment of Securities) Rules, 2014 (See 'Dashboard') Copyright ACt - Use of plaintiff's mark 'NJAU' by defendant to sell its counterfeit products with prima facie view to trade upon from reputation of plaintiff's mark amounts to infringement of copyright and attracts monetary penalty - HC (See 'Legal Desk')

Bank frauds - RBI tightens systems in place

Published: Mar 13, 2018

By TIOLCORPLAWS News Service

NEW DELHI, March 13, 2018: THE RBI had issued two circulars to banks, related to security and operational controls in SWIFT (Society for Worldwide Interbank Financial Telecommunication) environment, in the months of August and November 2016. As per RBI inputs, compliance with RBI's instructions is the bank's responsibility and the Compliance Officer in the bank monitors the same. Further, RBI monitors compliance to its instructions on an ongoing basis and during RBI inspections and, where necessary, enforcement action is also initiated.

RBI has issued instructions mandating banks to implement, within stipulated deadlines, prescribed measures for strengthening the SWIFT operating environment in banks. Further, it has constituted an Expert Committee to look into, inter alia, factors leading to increasing incidence of frauds in banks and the measures (including information technology interventions) needed to curb and prevent it, and the role and effectiveness of various types of audits conducted in banks in mitigating the incidence of such frauds.

Government has issued an advisory to Public Sector Banks to take immediate action as per extant legal/regulatory framework to ensure that fraudulent activity is not prevalent in the bank. They have also been asked to ensure that robust systems and procedures are in place for confirming due approvals, necessary applications/documents and entry in the bank's system in respect of all Letters of Undertakings/Comfort and SWIFT messages, and ensuring scrutiny and reconciliation of Nostro accounts, and to take all necessary steps to safeguard against occurrence of such frauds. Government has further advised nationalised banks to collectively prepare a report for effective management of operational risks, including technology risk, so as to safeguard against occurrence of frauds. Government has also asked nationalised banks to examine all accounts exceeding Rs. 50 crore, if classified as Non-Performing Asset (NPA), from the angle of possible fraud.

RBI has taken a number of measures to prevent and control frauds. These include the following:

•  a framework for dealing with loan frauds of Rs. 50 crore and above, under which banks classify potential fraud accounts as red-flagged accounts based on observation/evaluation of early warning signals, and take time bound action;

•  an online searchable database of frauds reported by banks, in the form of Central Fraud Registry, as a tool of timely identification, control and mitigation of fraud risk and for carrying out due diligence during credit sanction process;

•  issuance of caution advices by RBI, detailing names of fraudsters and their modus operandi;

•  re-verification of title deeds in respect of all credit exposures of Rs. 5 crore and above by banks, as mandated by RBI;

•  issuance of various master circulars to banks, with a view to restricting imprudent practices and at the same time ensuring sound procedures for conduct of business;

•  requiring banks to put in place adequate audit and compliance mechanisms with Board-level reporting through the Audit Committee of the Board; and

•  subjecting the systems and procedures in banks to supervisory review by RBI as part of the Risk Based Supervisory framework for banks.

This was stated by Mr Shiv Pratap Shukla, Minister of State for Finance in written reply to a question in Rajya Sabha today.

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