UPDATE:India's Central Bank Penalizes 19 Banks Over Derivatives
April 26 2011 - 1:32PM
Dow Jones News
India's central bank Tuesday said it penalized 19 banks
including the country's top three lenders--State Bank of India
(500112.BY), ICICI Bank Ltd. (532174.BY) and HDFC Bank Ltd.
(500180.BY)--for failing to comply with its rules on
derivatives.
The order may give a fresh twist to the ongoing legal dispute
between the lenders and several small and mid-sized companies,
which allege that the misselling of derivative products had caused
them billions of rupees in losses. The matter is now in the Supreme
Court which will hold its next hearing in the case in
September.
"On a careful examination of the banks' written replies and the
oral submissions made during the personal hearings, the Reserve
Bank found that the violations were established and the penalties
were thus imposed," the central bank said in a notification.
The list of penalized banks also includes the local units of
Barclays PLC (BARC.LN), BNP Paribas S.A. (BNP.FR), Citigroup Inc.
(C), Credit Agricole S.A. (ACA.FR), Royal Bank of Scotland Group
PLC (RBS.LN), Standard Chartered PLC (STAN.LN), Bank of America
Corp. (BAC), Deutsche Bank AG (DB), HSBC Ltd. and JPMorgan Chase
& Co. (JPM).
Other domestic banks include Axis Bank Ltd. (532215.BY), Kotak
Mahindra Bank Ltd. (500247.BY), Yes Bank Ltd. (532648.BY), ING
Vysya Bank Ltd. (531807.BY) and Development Credit Bank Ltd.
(532772.BY).
The Reserve Bank of India's penalty, ranging from 500,000 Indian
rupees ($11,234) to INR1.5 million ($33,700), was imposed for
violation of rules such as failure to carry out due diligence in
regard to suitability of products and selling derivative products
to users not having risk management policies, the central bank said
in a notification.
"The central bank's decision has vindicated our stand that we
have been missold derivative products and it will strengthen our
case in the apex court," S Dhananjayan, advisor to Forex
Derivatives Consumers' Forum, which has 40-odd companies as
members, told Dow Jones Newswires over the phone. The forum is
representing the companies which allegedly suffered losses due to
these products.
The firms, including a large number of textile exporters, had
bought derivative products from banks to hedge against currency
volatilities in 2007-2008. However, the global meltdown affected
them badly. With none of the parties ready to take the blame, the
matter moved to the court of law.
"The foreign banks will have the highest exposure to these
derivative losses followed by top Indian lenders," a senior banking
analyst with a Mumbai-based brokerage firm, not wanting to be
named, told Dow Jones Newswires over phone.
"Most lenders have already provided for it in the last couple of
years. The smaller banks though could face some stress if the court
decision goes in favour of the companies," he said, adding the RBI
order has weakened the case for the banks.
The lenders were not immediately available for comments.
-By Nupur Acharya and Sourav Mishra; Dow Jones Newswires; +91-22-61456117; nupur.acharya@dowjones.com