It has demonstrated the regulator’s ruthlessness in adopting a zero tolerance policy on defiance.Both incidents are similar in nature and raise some relevant questions.Who is tasked with a bank’s fiduciary responsibility of running an institution that is essentially managing someone else’s money? Is it with the board of directors (not shareholders) or the promoters? What constitutes „control“ in the Indian private banking context? Is it voting rights or economic ownership?There is a two pronged approach to contain systemic risks in Indian private banks arising out of too much control being wielded by a single shareholder.There are ownership caps that have been imposed, as shown by the Bandhan Bank and Kotak Mahindra Bank instances. There are also voting rights ceiling specified under the rules of the Banking Regulation Act. The voting rights cap, fixed at 26 percent, is aimed to add an extra layer of safety net to ensure that promoters with large shareholding do not enjoy brazen power to ride roughshod over boards.While the objectives of diversified ownership is well reasoned, there is now a growing line of argument that both the rules can actually end up stifling the banking industry’s growth.
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