Beruflich Dokumente
Kultur Dokumente
Merton R.C & Z Bodie (1995) , A Conceptual framework for Analyzing the Financial Environment in Crane ,D.B (ed), the Global
Financial System : a Functional Prospective , Boston ,p 5.
The Basel Committee on Banking Supervision is a committee of banking supervisory authorities which was established by Central bank Governors of the
Group 10 (G10) countries at the end of 1974 in the aftermath of the serious disturbances in international currencies and banking markets
Fama ,E (1989) Agency Problems and Residual claims, Journal of Law and Economics ,26: 327-52.
Alchian A A and Kessel, R.A (1962) Competition, Monopoly and the persuit of pecuniary gain in aspoects of Labour Economies ,National Bereau of
Economic Research ,Princeton N.J.
The principal-agent relationship implies the Principal( Shareholders or Owners) delegates work to the agent ( managers) who performs the work on the
principals behalf.
Fama ,E (1989) Agency Problems and Residual claims, Journal of Law and Economics ,26: 327-52.
Hart,Oliver (1995), Corporate Governnace ; some theory and implications, The Economic Journal 105 : 678-89
Governance in Private Sector Banks: Private sector banks have entered niche areas , listed their
scrip and being market driven they have been more transparent in their functioning. They have also
been more tech savvy , growth oriented and have less of NPAs. Private sector banks has to conform
with standard of good banking practices such as
a) Ensuring a fair and transparent relationship between the customer and bank
b) Instituting comprehensive risk management system & its adequate disclosure
c) Proactively handling the customer complaints and evolving scheme of redressal for grievances
d) Building systems and processes to ensure compliance with the statutes concerning banking.
Banking Sectors Unique Nature:
The special nature of banking system calls for the adoption of broader view of corporate
governance in India. The special nature of banking requires Government intervention in
order to restrain the behavior of Bank Management. Depositors dont know the true value
of banks loan portfolio as such information is incommunicable and very costly to reveal.
As a consequence of this asymmetric information problem, bank mangers are prompted
to invest in riskier asset than they promised they would. There is a popular concept
known as herd behavior that when bulls run together, there is a lot of dust and they are
unable to see where actually they are. When everybody is trying to make the money, they
usually forget the fundamentals of the economy. In order to credibly commit that they
will not expropriate depositors, banks should make investment in branded capital , as
these schemes give depositors confidence ,specially when contracts have a finite nature
and discount rates are sufficiently high.
Ganguly Committees Recommendations:
To introduce corporate governance practices in the banking sector , the recommendations
of the working group of directors of Banks financial institutions ,known as Ganguly
group. Committee has made certain recommendations1) Boards should be more contemporarily professional by inducting technical and
specially qualified personnel. A proper blending of historical skill set and new
skill set will enhance the efficiency and effectiveness of the board.
2) Director should fulfill certain fit and proper norms including formal
qualification, experience and track record. There should be a proportional
representation of executive, non executive and independent directors in the board.
3) Banks should not allow a person as director who is holding the post of Member of
Parliament or member of Legislative Assembly.
4) Selection of directors should be done by the nomination committee of the board
and nomination should be headed b an independent directors and majority of
members of the committee should be non executive directors.
5) The Banks may enter into a Deed of Covenant with every non executive
directors, delineating his/her responsibilities and making him/her abide by them.
6) Need based training should imparted to the directors to equip them and to upgrade
their skill to govern the banks properly.
7) The Ganguly Committee made the formation of Audit committee, Supervisory
committee, Risk Management Committee mandatory apart from nomination
committee.
Current Status of Indian Banks: Banking sector is the unique sector which has to
follow the regulations of both Reserve Bank of India(RBI) as well Security Exchange
Board of India(SEBI).Being the apex body of Indian money market, RBI directly
intervenes in credit control mechanism by monitoring and supervising bank rate, open
market operation, Cash Reserve Ratio, Statutory Reserve ratio, Repo and Reverse repo
rate and sterilization mechanism. Apart from credit control mechanism, CRR, SLR are
devices to maintain the sound liquidity position of the bank. Sterilization is a market
based approach aimed at neutralizing part or whole of the monetary impact of inflows
and outflows of foreign fund. SEBI, being the apex body of Indian Capital Market,
devises stricter rules and regulation to protect the interest of the shareholders. Just like
Sarbanes Oxley Act in USA, SEBI clause 49 unambiguously dictates specific terms for
all the companies including banks for listing their stocks in Indian Stock exchanges.
Conclusion: It can be concluded, in comparison to the global banks, Indian banks are
fundamentally strong. Almost all Indian banks are maintaining 12-13% capital adequacy
ratio which is much higher than the global benchmark. Indian Banks didnt have huge
exposure to subprime factor, as a result none of the Indian banks had gone for bankruptcy
during 2008-09, when entire globe was caught in deep recession.
Despite all these factors, there is no scope for complacence. After corporate Governance
failure in Satyam, which reminded us the collapse of Enron, time has come to take a
collective call to combat against the corporate fraud. There is no scope to discard the fact
that banking sector is the back bone of an economy. To achieve the desired growth rate in
per capita income, domestic investment has to be enhanced. Source of investment is
savings where saving is composed of both domestic and corporate savings. Efficient
capital market is required to channelize the saving into productive investment. Developed
capital market can not sustain unless and until it is accompanied by sound banking
system.
Bibliography
1) Basics of Banking and Finance
Dr. K.M. Bhattacharya.
O.P. Agarwal.
Himalaya Publishing House.
First Edition, 2006.
2) Basel Accord II : Implications for the Indian Banking System.
Dr. Dilip. M. Nachne.
The Journal of Indian Institute of Banking & Finance.
Vol-74, No-4, October December 2003.
3) Treasury Management.
Credit Risk Management.
Derivative Book.
Icfai University Press.
March 2009.
4) TAXMANNs Corporate Governance
Dr. C.L.Bansal
With SEBI Press released dated 30-12.2005.
5) Corporate Governance
Principles, Policies & Practices
A.C .Fernando