MSE Code
MSE Code
1 Introduction 2
1.1 Objectives Of The Code 2
1.2 Application Of The Code 2
2 Key Commitments 3
2.1 Our Key Commitments To You 3
3 Information 5
3.1 If You Want To Become Our Customer 5
3.2 Interest Rates 6
3.3 Tariff Schedule 6
3.4 Terms And Conditions 6
4 Privacy And Confidentiality 7
4.1 Credit Reference Agencies 8
5 Lending 8
5.1 Application 8
5.2 Credit Assessment 9
5.3 Sanction/Rejection 10
5.4 Post Disbursement 11
5.5 Non Fund Based Facilities 12
5.6 Financial Difficulties 12
5.7 Nursing Sick MSEs And Debt Restructuring 14
6 Collection of Dues 14
6.1 Security Repossession Policy 16
7 Deposit Accounts 16
7.1 Account Opening And Operation Of Deposit Accounts 16
7.2 Changing Your Account 17
7.3 When You Open A Deposit Account 17
7.4 Minimum Balance 17
7.5 Charges 18
7.6 Term Deposits 18
7.7 Statements 18
7.8 Dormant/Inoperative Accounts 18
7.9 Closing Your Account 19
7.10 Clearing Cycle/Collection Services 19
7.11 Cash Transactions 19
7.12 Direct Debits And Standing Instructions 20
7.13 Stop Payment Facility 20
7.14 Cheques/Debit Instructions Issued By You 20
7.15 Branch Closure/Shifting 21
7.16 Settlement Of Claims In Respect Of Deceased Account Holders 21
8 Protecting Your Accounts 21
8.1 Secure And Reliable Banking And Payments Systems 21
8.2 Keeping Us Up To Date 21
8.3 Checking Your Account 21
8.4 Taking Care 22
8.5 Internet Banking 23
8.6 Cancelling Payments 24
8.7 Liability For Losses 24
9 Services 24
9.1 Foreign Exchange Services 24
9.2 Remittances Within India 25
10 Complaints, Grievances And Feedback 26
10.1 Internal Procedures 26
10.2 Banking Ombudsman Scheme 26
11 Advertising, Marketing And Sales 27
12 Monitoring 27
13 Getting Help 28
14 Review Of The Code 28
Annex - Glossary 29
INTRODUCTION
In the Code, ‘you’ denotes the MSE in India and ‘we’, the bank that you
deal with.
Unless it says otherwise, all parts of this Code apply to all the products
and services listed below, under current regulatory instructions, whether
they are provided by branches, subsidiaries, joint ventures or agents,
across the counter, over the phone, by post, through interactive electronic
devices, on the internet or by any other mode. However, all products
discussed here may or may not be offered by us.
a. Current accounts, term deposits, recurring deposits, and all other
deposit accounts.
b. Payment services such as payment orders, remittances by way of Demand
Drafts and wire transfers or through electronic or any other mode.
c. Banking services related to Government transactions.
d. Demat accounts, equity, government bonds.
e. Indian currency notes exchange facility.
f. Collection of cheques.
g. Loans and other credit facilities including off balance sheet products
such as Letters of Credit, Bills, Bank Guarantees etc.
h. Foreign exchange services including money changing.
i. Third party insurance and investment products sold by us.
j. Card products like ATM/ Debit/Credit cards and services.
k. Factoring services.
l. Merchant Services.
The meanings of words in bold black have been given in the Glossary.
2. KEY COMMITMENTS
2.1 Our Key Commitments To You
2.1.1 To Act Fairly And Reasonably In All Our Dealings With You By
a. Providing minimum banking facilities of receipt and payment of cash/
cheques at the bank’s counter.
b. Providing speedy and efficient credit and service delivery.
c. Meeting the commitments and standards in this Code, for the
products and services we offer, and in the procedures and practices
our staff follow.
3
d. Making sure our products and services meet relevant laws and
regulations in letter and spirit.
e. Ensuring that our dealings with you rest on ethical principles of
integrity and transparency.
f. Operating secure and reliable banking and payment and settlement
systems.
g. Considering cases of financial difficulty sympathetically (see
paragraph 5.6 below).
3. INFORMATION
You can get information on interest rates, common fees and charges
through any of the following
a. Phoning our branches or help-line.
b. Looking at our website.
c. Asking our designated staff/help desk.
d. Referring to the Tariff Schedule (see paragraph 3.3 below) which is
available at the branch and on our website.
7
e. If we are asked to give a banker’s reference about you, we will need
your written permission before we give it.
We will explain to you the extent of your rights under the existing legal
framework for accessing the personal records that we hold about you.
We will not use your personal and business information for marketing
purposes by anyone including ourselves unless you specifically authorize
us to do so.
5. LENDING
Our loan policy dealing with your application for loan or any financial
assistance will be reflective of the objectives and spirit of the national
policy and the regulatory prescription. We shall place the policy relating
to Micro and Small Enterprises on our website and also make it available
to you at the branch for perusal. On request we will make available a
copy at a nominal charge. We will endeavour to provide facilities through
a Single Window Mechanism.
5.1 Application
We will
a. Make available, free of cost, simple standardized, easy to understand,
application form for loans.
b. Provide you with a checklist (compliant with legal and regulatory
requirements) along with the loan application form to enable you to
submit the application complete in all respects. If required, we will
assist you in filling up your loan application form.
c. At the time of making available application form also provide you
information about the interest rates applicable, and the fees/charges,
if any, payable for processing, pre-payment options and charges, if
8
any, and any other matter which affects your interest, so that a
meaningful comparison with those of other banks can be made and
informed decision can be taken by you.
d. Acknowledge in writing the receipt of your loan application.
e. Normally collect all particulars required for processing the
application for credit facility at the time of application. In case we
need any additional information, we will contact you within seven
working days from receipt of application.
f. Endeavour to enable you to know online the status of your
application.
g. Not charge any processing fee for loans up to Rs.5 lakh if the loan is
not sanctioned.
h. Dispose of your application for a credit limit or enhancement in
existing credit limit up to Rs 2 lakh within two weeks; and for credit
limit up to Rs 5 lakh within 4 weeks from the date of receipt provided
your application is complete in all respects and is accompanied by
documents as per ‘check list’ provided and dispose of loan
applications for amounts exceeding Rs 5 lakh, within a reasonable
time frame.
5.3 Sanction/Rejection
We will
a. Not insist on compulsory deposit as ‘quid pro-quo’ for sanctioning
credit facility/ies.
b. While offering you an overdraft, or an increase in your existing overdraft
limit tell you if your overdraft is repayable on demand or otherwise.
10
c. Put down in writing terms and conditions and other caveats governing
credit facilities agreed to and duly certify the same and give you a
copy thereof.
d. Supply authenticated copies of all the loan documents executed with
a copy each of all enclosures quoted in the loan document and the
list thereof.
e. Convey in writing the reasons for not acceding to your request for a
loan or credit facility.
f. Follow a rating system, the parameters of which will be shared with you.
g. Permit pre-payment of loans up to Rs.5 lakh without levying any pre-
payment penalty.
h. Ensure disbursal of the loan sanctioned within two working days
from the date of compliance with all terms and conditions governing
such sanction.
i. Ensure periodic review and renewal of facility as per terms and
conditions in the sanction letter given to you.
11
f. Convey our consent or otherwise within two weeks of receipt of a
request for transfer of the borrowal account, either from you or from
the bank / financial institution that proposes to take over the account.
g. Release all securities on receiving repayment of loan immediately
and in any case not later than one week subject to any legitimate
right or lien for any other claim we may have against you.
h. Give notice in case we exercise such right of set off, with full
particulars of our remaining claims against you as also of the
documents under which we are entitled to retain the securities till
the relevant claim is settled/ paid by you.
i. Effect pledges/deliveries on the same day of receiving your request.
j. Grant you increase in the drawing power within 24 hours of lodgment
of security.
k. Inform you of debits to your account arising out of interest
application, fees and charges.
l. Monitor the progress made by you through any or more of the
following modes
i) Scrutinising periodic statements of stocks you hold.
ii) Watching the transactions in your account with us.
iii) Visits by either our staff or authorised representative to your
premises for verification of the stocks and/or assets financed.
iv) Obtain wherever necessary market reports on how your business
is going on.
5.6.2 This list gives a few examples of what may concern us, particularly
if you do not explain what is happening.
a. If there is a delay in commencement of commercial production and
there is cost overrun etc.
b. If you exceed your agreed sanctioned limits frequently.
c. If there are large increases or decreases in your business turnover
without proper clarification from you.
d. If there is a stoppage/ suspension of work for an unreasonably long
time.
e. If you are incurring loss.
f. If you suddenly lose a business partner or co –promoter or a key
customer or employee.
g. If you sell a large part of your business.
h. If you use credit facility/ies for purposes other than those agreed
with us or divert the funds for purposes other than intended business.
i. If you do not service interest at prescribed intervals.
j. If you fail to adhere to the agreed loan repayment schedule.
k. If the bills drawn by you on your customers return unpaid frequently.
l. If you do not honour bills drawn on you by your suppliers frequently.
m. If guarantees issued by us on your behalf are not honoured by you
when invoked.
n. If your book debts/debtors size is increasing not in consonance with
turnover in your account.
o. If all sales are not routed through your account.
p. If you do not comply with conditions set out in the loan agreement.
q. If you do not furnish agreed information on time.
r. If another creditor brings a winding-up petition or other legal action
against your business.
5.6.3 We will do all we can to help you overcome your difficulties. With
your active co-operation, we will develop a plan for dealing with your
financial difficulties and we will tell you, in writing, what we have agreed.
13
5.6.4 We will endeavour to provide you with credit counseling services so
that we can be of help to you in dealing with your financial problems.
5.6.5
a. If you are in difficulties, we will work with your advisers, if you ask
us to. It is important that you act in good faith, keep us informed
about developments, keep to your agreement with us and are
prepared to make necessary changes early enough.
b. We may ask you for more financial information /commitments to
help us work together to understand your problems.
6. COLLECTION OF DUES
Whenever we give loans, we will explain to you the repayment process by way
of amount, tenure and periodicity of repayment. However if you do not adhere
to repayment schedule, a defined process in accordance with the laws of the
14
land will be followed for recovery of dues which will be given to you at the
time of sanction of loan. The process will involve reminding you by sending
you notice or by making personal visits and/ or repossession of security, if
any. In case of default, we may refer the case to the recovery agent. We will
inform you that recovery proceedings have been initiated.
On initiating recovery proceedings we will also tell you that in case you
have a complaint to make in this regard you may contact our helpline
number. We will investigate your complaints about unfair practices by
our recovery agents.
We will provide you with all the information regarding dues and will
endeavor to give sufficient notice for payment of dues. Our staff deputed
for collection of dues or/and security repossession will identify himself/
herself. Any person authorised to represent us for these purposes will
identify himself/herself and also display the authority letter issued by us.
All the members of the staff or any person authorised to represent our
bank in collection or/and security repossession would be subjected to
due diligence and they would follow the guidelines set out below
a. You would be contacted ordinarily at the place of business/occupation
and if unavailable at the place of your business/ occupation at the
place of your residence or in the absence of any specified place at
the place of your authorised representative’s choice.
b. Identity and authority to represent would be made known to you at the
first instance.
c. Your privacy and dignity would be respected.
d. Interaction with you would be in a civil manner.
e. Normally our representatives will contact you between 0700 hrs and
1900 hrs, unless the special circumstances of your business or
occupation require otherwise.
f. Your requests to avoid calls at a particular time or at a particular
place would be honored as far as possible.
g. Time and number of calls and contents of conversation would be
documented.
h. All assistance would be given to resolve disputes or differences
regarding dues in a mutually acceptable and in an orderly manner.
15
i. During visits to your place for dues collection, decency and decorum
would be maintained.
j. Inappropriate occasions such as bereavement in the family or such
other calamitous occasions would be avoided for making calls/visits
to collect dues.
7. DEPOSIT ACCOUNTS
You may open different type of accounts with us such as current accounts,
term deposits etc.
We will also inform you about liquid deposit facility, sweep account and
similar types of products offered by us and their implications and
procedures involved at the time of opening of account wherever applicable/
admissible.
7.7 Statements
a. To help you manage your account and check entries in it, we will mail
you a monthly statement of account, unless this is not appropriate for
the type of account you have [like an account where you have a passbook].
We may provide statement by e-mail, or through our secure Internet
banking service, if you so desire, provided we have such facility with us.
b. You can ask us to provide you with account statements more often
than is normally available on your type of account, at a charge. This
charge will be indicated in the Tariff Schedule.
c. You will be able to see your last few transactions at the counter. You
will also be able to see the transactions on ATM or through your
Internet account wherever such facilities are available with us.
b. Always
i) Write clearly the name of the person you are paying the cheque
to, if you send cheque through the post, it will help to prevent
fraud. We will recommend that you write such cheques for
instance with carbon paper on the reverse to avoid chemical
alterations.
ii) Choose your new PIN carefully, if you change your PIN.
iii) Memorize your PIN, password and other security information
and destroy the written communication, if any, of the same as
soon as you receive it.
iv) Take reasonable steps to keep your card safe in your personal
custody and your PIN, password and other security information
secret at all times.
v) Keep your card receipts safe and dispose them off carefully.
vi) Write on the cheque the name of the account holder (ABC Bank
Account - XYZ) if you are paying a cheque into a bank account.
You should draw a line through unused space on the cheque so
unauthorized person cannot add extra numbers or names.
22
c. We will advise you what you can do to protect your cheque book and
ATM/Debit / Credit Card from misuse.
d. In the event your cheque book, or ATM/Debit /Credit card has been lost
or stolen, or that someone else knows your PIN or other security
information, we will, on your notifying us, take immediate steps to try to
prevent these from being misused.
e. It is essential that you tell us as soon as you can if you suspect or
discover that your cheque book, card has been lost or stolen or
someone else knows your PIN, password or other security
information.
f. You could tell us about the loss by phone at our 24 hour toll free
number given to you and send us a written confirmation to that effect
immediately. Alternatively, you may advise us by email to the address
we have given you for this purpose.
23
h. Check your account and transaction history regularly.
i. Follow our advice – our websites are usually a good place to get help
and guidance on how to stay safe online.
9. SERVICES
9.1 Foreign Exchange Services
a. When you buy or sell foreign exchange, we will give you information
on the services, details of the exchange rate and other charges which
apply to foreign exchange transactions. If this is not possible, we
will tell you how these will be worked out.
b. If you want to transfer money abroad, we will tell you how to do this
and will
i) Guide you about regulatory requirements or conditions as and
when requested by you.
24
ii) Give you a description of the services and how to use them.
iii) Give details of when the money you have sent abroad should get
there and the reasons for delays, if any.
iv) Give the exchange rate applied when converting to the foreign
currency (if this is not possible at the time of the transaction, we
will let you know later what the rate is).
v) Give details of any commission or charges, which you will have
to pay and a warning that the person receiving the money may
also, have to pay the foreign bank’s charges.
vi) Tell you if the information provided by you for making a payment
abroad is adequate or not. In case of any discrepancies or
incomplete documentation, we will advise you immediately and
assist you to rectify/complete the same.
12. MONITORING
The Banking Codes and Standards Board of India monitors the Code.
The contact details are as follows:
The Banking Codes and Standards Board of India, Reserve Bank of India
Building, C-7, 4th Floor, Bandra Kurla Complex, Mumbai-400051
Or, contact the Banking Codes and Standards Board of India at the
address given at para 12 on page 27.
13.1 We will have notices in all our branches and on our website explaining
that copies of the Code are available and how you can get one and that we
will make a copy available to you on request.
28
Annex: Glossary
ATM
An automated teller machine (ATM) is a machine in which a customer
can use his card along with PIN to get cash, information and other services.
Bank Guarantee
Bank guarantee is a promise by a bank on behalf of its customer to a
third party to pay an amount specified in the guarantee deed in case the
customer fails to perform the obligation as stipulated in the deed.
Banking Ombudsman
Banking Ombudsman is an independent dispute resolution authority set
up by the Reserve Bank to deal with disputes between the bank and
individual / small businesses.
Bills
Bills are financial negotiable instruments such as Bills of Exchange or
Promissory Notes. Bill of Exchange is issued by a seller to his buyer
directing him to make payment for the goods supplied/ services rendered.
Bill in the form of a promissory note is issued by a buyer to his seller
undertaking to make payment for the goods received/ services rendered.
Bill Discounting
In case of discounting of a bill, a bank buys the bill (i.e. Bill of Exchange
or Promissory Note) before it is due and credits the value of the bill after
discount charges to the customer’s account. The transaction is practically
an advance against the security of the bill and the discount represents
the interest on the advance from the date of purchase of the bill until it is
due for payment. Only usance bills are discounted.
Card
Card is a general term for any plastic card, which a customer may use to
pay for goods and services or to withdraw cash. In this Code, it includes
ATM/Debit/Credit cards.
Cash Credit/Overdraft
Cash credit/overdraft is a form of credit facility in which a borrower is
sanctioned a pre- arranged limit with the freedom to borrow as much
money as he requires. In case of flow of credit to the account, he can
withdraw afresh subject to the limit sanctioned. As such, the limit works
29
as a revolving line of credit. Bank charges interest on the outstanding
balances.
Cash losses
Cash losses mean net losses minus depreciation.
Compensation Policy
Compensation Policy refers to the policy followed by a bank for
compensating its customers for the financial losses incurred by them
(the customers) due to the acts of omission or commission on the part of
the bank.
30
Current Account
A form of demand deposit wherefrom withdrawals are allowed any number
of times depending upon the balance in the account or up to a particular
agreed amount.
Customer
An MSE or its authorised representative who has an account with a bank
or who avails of other products/ services from a bank.
Deceased account
A Deceased account is a deposit account in which case either the single
account holder has deceased or in case of joint accounts one or more of
joint account holders has/have deceased.
Demat accounts
A Demat account refers to dematerialised account and is an account in
which the stocks of investors are held in electronic form.
Deposit Accounts
• “Savings deposits” means a form of demand deposit which is
subject to restrictions as to the number of withdrawals as also
the amounts of withdrawals permitted by the bank during any
specified period.
• “Term deposit” means a deposit received by the bank for a fixed
period withdrawable only after the expiry of the fixed period and
includes deposits such as Recurring/Short Deposits/Fixed Deposits/
Monthly Income Certificate/Quarterly Income Certificate etc.
• “Notice Deposit” means term deposit for specific period but
withdrawable on giving at least one complete banking day’s notice.
Equity
Equity means a part of capital of a corporate entity that is represented by the
shares of the company whether in physical or dematerialised form.
31
Factoring
Factoring is a financial option for the management of receivables. It is
the conversion of credit sales into cash.
Government bond
Government bond means a security, created and issued by the Central or
State Government for raising a public loan.
Guarantee
A promise given by a person.
Letter of Credit
A letter of credit is a document issued by a bank, which usually provides
an irrevocable undertaking for payment to a beneficiary against
submission of documents as stated in the Letter of Credit.
Mail
Mail is a letter in a physical or electronic form.
Merchant Services
Merchant services generally refer to merchant accounts allowed to trading
and service establishments for acceptance of payments through credit/ debit
cards. The cards may be accepted over the counter through card terminals
i.e. Point of Sale (POS) machines or over phone or through internet.
Net worth
Net worth means sum of Capital and free reserves minus accumulated
losses.
Nomination Facility
The nomination facility enables the bank to: make payment to the nominee
of a deceased depositor, of the amount standing to the credit of the
depositor, return to the nominee, the articles left by a deceased person in
the bank’s safe custody, release to the nominee of the hirer, the contents
of a safety locker, in the event of death of the hirer.
Originator
An organisation which collects payments from a customer’s account in line
with customer’s instructions.
33
Out-of-date (stale) cheque
A cheque, which has not been paid because the date written on the cheque is
a date exceeding six months from the time of its presentation.
PAN
The Permanent Account Number (PAN) is an all India unique Number
having ten alphanumeric characters allotted by the Income Tax
Department, Government of India. It is issued in the form of a laminated
card. It is permanent and will not change with change of address of the
assessee or change of Assessing Officer.
Password
A word or a set of numbers or an alphanumeric combination for an access
code, which the customer has chosen, to allow him to use a phone or
Internet banking service. It is also used for identification.
PIN
A confidential number, use of which along with a card allows customers
to pay for articles/services, withdraw cash and use other electronic services
offered by the bank.
Repossession
Repossession is the process by which a creditor with a loan secured on
house or goods (e.g. car) takes possession of the security, if the debtor
does not repay as per the terms of the loan agreement.
Rehabilitation Package
Rehabilitation package is the package drawn for the rehabilitation of a
sick unit. The package has to be drawn in accordance with the RBI
stipulations and it usually consists of
i) Working Capital with relaxation in the rate of interest in terms of
regulatory guidelines
ii) Funded Interest Term Loan
iii) Working Capital Term Loan
iv) Term Loan
v) Contingency Loan Assistance
34
Security
Represents assets used as support for a loan or other liability.
Services
i) In respect of small and micro service enterprises, services refer to
small road and water transport operators, small business, professional
and self-employed persons, and all other service enterprise s .
ii) Services rendered by the banks include various facilities like
remittance (issue of DDs, MTs, TTs etc), receipt and payment of cash,
exchange of notes and foreign exchange etc. provided by the banks
to the customers.
Sick Unit
Sick unit refers to a unit whose account has remained substandard for
more than six months or there has been erosion in net worth due to
accumulated cash losses to the extent of 50% of the net worth during the
previous accounting year and the unit has been in commercial production
for at least two years.
Substandard
A substandard asset would be one, which has remained NPA for a period
less than or equal to 12 months.
Tariff Schedule
The charges levied by a bank on the products and services offered by it
to its customers.
Unpaid Cheque
This is a cheque, which is returned ‘unpaid’ (bounced) by the drawee
bank.
35
NOTES
36