Business of Banking Companies in Banking Regulation Act, 1949

The Banking Regulation Act for 1949 was passed to enact specific laws for the banking industry in India to ensure the banking industry’s steady and balanced growth and to reduce bank competition. Bank regulation is a type of government regulation that subjects banks to certain requirements, restrictions, and guidelines, among other things, to create fair competition between banking institutions and the individual and corporations with whom they do business. Business in Banking Companies ranges from section 6 to section 36. It states about the financial infrastructure and development for business in the banking companies.

Brief idea about some sections in the business of banking regulation act ranging from 6 to 11 which are as follows:

Section 6: Financial organizations may lock in a variety of business activities.

• The definition of money includes drawing, making, tolerating, limiting, purchasing, selling, gathering, and managing bills of trade, hundis, written promise notes, coupons, drafts, bills of replenishing, railroad receipts, debentures, authentications, scripts, and different instruments and protections. It additionally incorporates the giving of letters of credit, secured checks, and roundabout notes. 
• The implementation of organization business of any portrayal – including the clearing and sending of merchandise, giving of receipts, and covering charges – is remembered for the meaning of going about as a lawyer for the benefit of clients, however not the matter of an organization. The term ‘agent’ includes people acting as agents for any Government or local authority or other person or persons to carry on agency business.

Section 7: The use of words

The government of India has come out with a new law to protect the interests of the banking sector in the country, which says that no company can carry on the business of banking unless it uses as part of its name at least one of the words “bank”, “banker” or “banking” 2.

Section 8: Trading is Prohibited

As per law, banking companies cannot indirectly or directly deal or trade-in selling and buying or bartering goods. This is an exemption if the security is held or given. In addition to this, banking companies cannot involve in any bartering, selling, buying, or trading of goods except if bills of exchange have been received for negotiation or collection. 

Section 9: Non-banking assets are being sold

No financial organization will hold any ardent property for any period surpassing seven years. The time frame might be stretched out by as long as five years where it is fulfilled that such augmentation would be in light of a legitimate concern for the contributors of the financial organization. Providing further that the Reserve Bank may extend the period of seven years by not exceeding five years.

Section 10: Employment of managing agents is prohibited, and certain types of employment are restricted.

Banking company shall not:

• Shall have a managing agent or be managed by one.
• Shall keep or keep any person in employment.
• A certain commission is paid to a broker or any other person employed by the bank under a contract who is not a regular member of the company’s staff.
• Shall be managed by a person who is a director of any other company and division of the banking company.
• Shall be engaged in other businesses.

The Reserve Bank may consider, among the other things, the following:

• A fee is paid to a broker or any other person hired by the bank under a contract who is not a regular member of the company’s staff.
• The count of its branches or offices.
• The abilities, age, and experience of the person are considered.
• The remuneration paid to other persons employed by the banking company and the interests of its depositors.

Section 11: Minimum paid-up capital and reserve requirements.

• No banking company in existence on the commencement of this Act, shall, after the expiry of three years from such commencement, commence or carry -on business. The Reserve Bank, having regard to the interests of the depositors of the company, may think fit in any particular case to allow it to carry on operations.
• The Reserve Bank of India’s (RBI) paid-up capital and reserves may not be less than 15 lakhs of rupees in the case of a banking company incorporated outside India, or 20 lakhs if it has a place or places of business in the cities of Bombay or Calcutta.

Conclusion

The Banking Regulation act is also called as Banking Act, 1949. It is applicable in every part of India. The Baking Act helps detain the tension between banks in India. The Act follows a pattern and a set of do’s and don’ts which are to be followed by the banks around the country.