Improving the Governing Structure of PSPs

An RBI-constituted committee led by PJ Nayak in May 2014 had submitted its recommendations to improve the governance structure of state-owned banks and also to help private sector banks attract more capital.

  • Given poor asset quality and low productivity, either privatize PSU banks or transform governance structure to make them efficient
  • Reduce government stake in PSU banks to less than 50%
  • Remove dual structure of both Finance Ministry and RBI regulating PSU banks. Give all regulatory authority to RBI
  • Improve quality of PSU bank board discussions; focus on key areas like business strategy, financial reports, risk, and compliance
  • The government should transfer its stake in PSU banks to a holding company termed Bank Investment Company (BIC)
  • Government should reduce its stake in BIC to under 50% and appoint a professional management for BIC
  • For better accountability, BIC should be governed by The Companies Act 2013, and not the Bank Nationalisation Acts of 1970 and 1980
  • Ownership functions to be transferred by BIC to the bank boards. Appointments of directors, CEO to be the responsibility of bank boards.
  • Have uniform bank licensing regime across all broad-based banks, and niche licenses for banks with more narrowly defined businesses
  • Allow mutual funds, pension funds, PE funds to hold 20 percent in private sector banks, without having to take RBI approval
  • Allow promoter investors to hold up to 25% in private sector banks, against the 15% ceiling currently
  • Ensure a minimum five-year tenure for bank Chairmen and a minimum three year tenure for Executive Directors
  • Private equity funds, including sovereign wealth funds, be permitted to take a controlling stake of upto 40% in distressed banks
  • Allow voting rights in proportion to the stake held
  • Bank officers guilty of ever-greening loans (offering new loans to repay old ones) should be penalized financially