Banks provide loans against security of shares/debentures/bonds to individuals, share and stock brokers and market makers.
Loans against shares and debentures can be given to individuals
For meeting contingencies and needs of personal nature
For subscribing to rights or new issue of shares/debentures against the security of existing shares/debentures
Loans will not be sanctioned
To Trusts and Endowments against the security of shares and debentures.
For speculative purposes, inter corporate investments and acquiring controlling interest in companies.
Against the equity shares of the banking company to its directors.
Banks will not extend advances to their employees/ Employee Trusts set up by them for the purpose of purchasing their (banks’) own shares under ESOP/ IPO or from the secondary market. This prohibition will apply irrespective of whether the advances are unsecured or secured.
The amount of loan generally does not exceed Rs.20 lakh per borrower. As per RBI guidelines loans against security of shares, convertible bonds, convertible debentures and units of equity oriented mutual funds should not exceed the limit of Rs.10lakh if the securities are held in physical form and Rs.20 lakh per individual if the securities are held in demat form. For subscribing to IPOs, loans given to individuals will not exceed Rs.10 lakh. Banks may extend finance to employees for purchasing shares of their own companies under ESOP to the extent of 90% of the purchase price of the shares or Rs. 20 lakh, whichever is lower.
Banks stipulate a minimum margin of 50% of the market value of equity shares/debentures. These are minimum margin stipulations and banks can stipulate higher margins. Banks avail the facility of Pledge of the dematerialized shares/debentures in the depository system, whereby the securities pledged by the borrower get blocked in favour of the lending bank. The loan limit depends on the valuation of the security, applicable margin and ability to service and repay the loan. Loan is normally given in the form of overdraft facility against the pledge of the securities. Interest has to be paid for the amount and period for which the overdraft facility is utilized. A declaration is obtained from the borrower indicating the details of the loans / advances availed against shares and other securities, from any other bank, in order to ensure compliance with the ceilings prescribed for the purpose.
While granting advances against shares held in joint names to joint holders or third party beneficiaries, banks normally ensure that the objective of the regulation is not defeated by granting advances to other joint holders or third party beneficiaries to circumvent the limits placed on loans/advances against shares and other securities.
A declaration is obtained from the borrower indicating the details of the loans / advances availed against shares and other securities, from any other bank, in order to ensure compliance with the ceilings prescribed for the purpose.
As stated in RBI circular, banks’ capital market exposures would include both their direct exposures and indirect exposures. The aggregate exposure of a bank to the capital markets in all forms (both fund based and non-fund based) should not exceed 40 per cent of its net worth, as on March 31 of the previous year. Within this overall ceiling, the bank’s direct investment in shares, convertible bonds / debentures, units of equity-oriented mutual funds and all exposures to Venture Capital Funds (VCFs) [both registered and unregistered] should not exceed 20 per cent of its net worth.