Nepal Rastra Bank is Banker's Bank. For more details regarding central bank of Nepal, i have written a separate blog. please refer to the following link : https://managementknowledges.blogspot.com/2016/12/nepal-rastra-bank-and-its-restricted.html.
It is the prime responsibility of this bank to maintain the harmonious relationships among different banks and financial institutions. For this, proper supervision and controls are required.
If the Commercial Banks and financial institutions wants to conduct banking and financial transaction then they must obtain license from the central Bank in prescribed manner. While issuing such license the central Bank may fix necessary terms and conditions. Therefore, it is the duty of the licensed bank and financial institution to work within such terms and conditions.
In order to control the deposits and loan, prior approval of Nepal Rastra Bank is required for accepting any type of deposits from the concerned person, firm, company or institution. In this process the central bank may provide terms and conditions. Therefore, it will be the duty of the concerned person, firm, company or institution to abide such terms and conditions. For maintaining the price level, the central bank puts restriction on rate of interest time to time.
Nepal Rastra Bank has full power to regulate the functions and activities of commercial banks and financial institutions. For this purpose, the Bank frames rules and bye-laws, directives and circulars time to time. Therefore, it shall be the duty of the concerned commercial bank and financial institution to follow such rules, bye-laws, order, directives and circular.
For better supervision, the central bank orders other banks and financial institutions to submit the following particulars:-
- Balance sheet accounts.
- Off balance sheet commitments.
- statement of income and expenditures.
- Ratio among accounts or items.
- Prohibitions, restrictions or conditions concerning specific types or forms of credit or investments, or of credit or investments.
- Forms of commitments of a risk-bearing nature which are not matching as to maturity of assets and liabilities and off-balance-sheet items
- Foreign currency, spot or advance rate of interest.
- Swap, option or similar instruments or access to the payments system through electronic or other means and
- Other particulars and documents as deems appropriate.
Nepal Rastra Bank regulate the commercial banks and financial institutions by mobilizing following powers:-
- Enforcing authority and responsibility of licensing, supervising and regulating the commercial banks and financial institutions and revoking the license.
- Taking over or providing trusteeship to the commercial banks or financial institutions which have been declared insolvent or are on the verge of insolvency
- Investigating, supervising and inspecting the books and accounts, records, documents or register of commercial banks or financial institutions by any official of the Bank or the person designated by the Bank. This is done in order to find whether or not any commercial bank or financial institution has conducted business and transaction in accordance to Nepal Rastra Bank Act,the Rules, bye-laws, order or directive.
- Issuing order to the member of the Board of Directors, official or employee of any commercial bank or financial institution if inspection and supervision is required.
- For better credit control, the central bank prescribes the time and amount limit to advance the credit to any commercial banks and financial institutions.
- If this limit is not followed then, Nepal Rastra Bank fines an amount equal to the interest which a commercial bank or financial institution would have charged for the amount of credit not advanced or advanced less than the prescribed amount from the concerned commercial bank or financial institution.
- All the Commercial Bank and financial institution must furnish the particulars of its transaction and financial position to the Nepal Rastra Bank in the manner prescribed. This may be published with the particulars available if the central bank, if deems appropriate.
The prior approval of Nepal Rastra Bank is required in order to issue any debentures and financial instruments. This may be supported by terms and conditions. If it is so, then it shall be the duty of the concerned commercial bank and financial institution to abide by such terms and conditions.
Inspection and Supervision:
- Nepal Rastra Bank frames and implements inspection and supervision by keeping an eye on international standards for all the banks and financial institutions.
- The central Bank, at any time, inspect and supervise any of the offices of commercial banks or financial institutions. Such inspection and supervision is carried out by the deputed official of the Bank or an expert designated by the Bank at their office or demanding to submit detailed particulars and information to the Bank itself.
- It is the duty of the Directors, officials or employees of such commercial bank and financial institution to submit the statement, data, record, information, particulars necessary for computer and auditing, and other documents to such official, expert or the Bank to review or to examine them within the time limit.
- The official or expert submits the reports generally within fifteen days upon completion of his works to Nepal Rastra Bank. In case such report is not completed within fifteen days, the Governor of Nepal may extend the time limit for another fifteen days.
- The report submitted is to be presented on the next board meeting of Nepal Rastra bank.
- Then the Board may, after making appropriate decision on matters contained in the report submitted , issue appropriate directions to the Governor about the actions to be taken in the matter. Then, It becomes the responsibility of the Governor to implement or cause to implement such directions.
Note:
1`.For the exchange of mutual cooperation, the central bank may under its supervisory power,
- Exchange cooperation with foreign supervisory authority on reciprocal basis or,
- Exchange notices or information with concerned foreign supervisory authority on reciprocal basis.
2. If any commercial bank or financial institution is in following situations:
- State to get liquidated
- State to get dissolved
- State of being incapable to pay the debt or
- State of being materially unable to discharge any or all of its liabilities
On the basis of information received from any source, report of inspection or supervision, the central bank declares problems of the commercial banks and financial institutions by written notice to it. This is done if following things are found:
- If any action which is against the interest of the depositors, shareholders, creditors, or general public is found.
- In case of non fulfillment of any financial liabilities.
- In case of not having probability to fulfill any financial liabilities.
- In case of insolvency or going to fall under insolvency or facing material financial difficulties.
- In case of discredit or breach of the Nepal Rastra Bank Act, prevailing law related to bank and financial institution, other prevailing law, terms of license or regulation, directives or order of bank.
- In case the license obtained on the basis of submitting false, fraudulent, wrong document or data.
- In case of unable to maintain the capital fund as per this Act, prevailing law related to bank and financial institution and directives issued by the bank at time to time.
- In case of the initiation of the process of liquidation or insolvency of any commercial bank or financial institution under the prevailing law.
- In case of delay in the process of voluntary liquidation.
- For the commercial bank or financial institution established with foreign joint venture and such bank is in state of being insolvent or liquidator is appointed for the liquidation or the license of such commercial bank or financial institution is terminated under the provision of the law of respective country or transaction is banned either full or partial.
- If the bank is convinced that commercial bank or financial institution is unable to pay it’s due or can make negative effect in its liability or duties, which it has to perform.
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