Q. 6 Can accounts be maintained by NRIs with any bank
in India?
Q. 7 Are NRIs permitted to maintain accounts in rupees
and in foreign currency?
Q. 8 Can NRIs maintain current / savings / fixed deposit
rupee accounts with authorised dealers/authorised banks in India?
Q. 9 What are the different types of rupee accounts
permitted to be maintained?
Q. 10 Can proceeds of foreign currency notes/travellers
cheques be credited to NRE accounts without any restriction?
Q. 11 Can NRE accounts be opened by the power of
attorney holder in India on behalf of a non-resident?
Q. 12 Can resident Power of Attorney holder operate
on the NRE accounts?
Q. 13 Can Power of Attorney holder credit proceeds
of foreign currency notes/bank notes and travellers cheques to the NRE
accounts?
Q. 14 What is the distinction between NRE account
and NRO account?
Q. 15 Can NRO/NRE accounts be maintained by NRIs
jointly with residents?
Q. 16 What is the rate of interest payable on such
accounts?
Q. 17 Are debits and credits to NRO accounts allowed
freely by banks maintaining the accounts?
Q. 18 What are the admissible debits and credits
to NRE accounts?
Q. 19 Can funds in NRE/NRO accounts be repatriated
outside India?
Q. 20 Can funds in NRE/NRO accounts be utilised for
payment of air fare to/from/in India of the account holder and/or his dependents?
Q. 21 Are temporary overdrawings permitted in NRO
Savings Bank accounts?
Q. 22 Are NRO/NRE/NRNR account holders eligible for
loans/overdrafts against their fixed deposits?
Q. 23 What are the rates of interest charged on such
loans?
Q. 24 Can loans raised against NRE fixed deposits
be repaid out of funds in NRO accounts?
Q. 25 Is nomination allowed in NRO/NRE accounts?
Q. 26 Is repatriation of funds belonging to non-resident
nominees permitted?
Q. 27 Is transfer of funds between NRE accounts maintained
by two different account holders permitted?
Q. 28 At what rates are remittances to India by NRIs
for credit to NRE/NRO/NRNR accounts converted into rupees?
Q. 29 Is there any scheme under which non-residents
other than NRIs can also keep rupee deposits with banks in India?
Q. 30 How should an account under the Non-Resident
Non-repatriable (NRNR) Rupee Deposit Scheme be opened?
Q. 31 What is the rate of interest payable on NRNR
deposits?
Q. 32 Can the principal or the interest accrued on
NRNR deposits be repatriated outside India at any time?
Q. 33 Can the principal together with the interest
accrued on NRNR deposits be renewed, on maturity?
Q. 34 Can loans/overdrafts be availed of against
the security of these deposits?
Q.34A What is the status of NRO/NRE accounts on
the return of the account holder to India?
Q.34B Does the account holder suffer any loss of
interest on such redesignation of accounts?
Q. 35 Can accounts be maintained by NRIs in foreign
currencies?
Q. 36 What are the foreign currencies in which such
accounts can be maintained?
Q. 37 Are FCNR accounts permitted to be maintained
in the form of current/savings accounts?
Q. 38 What is the maximum period of maturity for
a FCNR term deposit account?
Q. 39 Is premature withdrawal of the FCNR term deposit
allowed?
Q. 40 What is the penalty for premature withdrawal
of a FCNR deposit?
Q. 41 If a FCNR deposit of 6 months maturity is withdrawn
prematurely, would any interest be payable?
Q. 42 Are the interest rates on FCNR deposits liable
for periodical revision?
Q. 43 What about debits to FCNR accounts for local
payments?
Q. 44 Are funds in FCNR accounts freely repatriable
abroad?
Q.44A Can FCNR deposits be held jointly with residents?
Q. 45 Is nomination allowed in FCNR accounts?
Q. 46 Is repatriation of FCNR funds to non-resident
nominees permitted?
Q.46A What is the status of FCNR accounts on the
return of the account holder to India?
Section 2: BANK ACCOUNTS
A. General Account
Q. 6 Can accounts be maintained by NRIs with any
bank in India?
Ans. Banks holding authorised dealers' licences (i.e. banks authorised
to deal in foreign exchange) or banks specifically authorised in this behalf
by Reserve Bank can only maintain accounts in the names of NRIs. Certain
co-operative/commercial banks (referred to as authorised banks) have been
specifically permitted to maintain accounts of NRIs expressed in rupees
even though they are not authorised dealers.
Q. 7 Are NRIs permitted to maintain accounts
in rupees and in foreign currency?
Ans. Yes. Accounts can be maintained by NRIs in rupees as well as in
foreign currency. Accounts in foreign currencies can, however, be maintained
with authorised dealers only.
B. Rupee Accounts
Q.8 Can NRIs maintain current / savings / fixed
deposit rupee accounts with authorised dealers/authorised banks in India?
Ans. NRO and NRE accounts can be maintained in current/savings/fixed
deposits form while NRNR account can be only in fixed term deposits.
Q.9 What are the different types of rupee accounts
permitted to be maintained?
Ans. Three types of rupee accounts viz. Non-resident (External) Rupee
Accounts (NRE accounts), Ordinary Non-resident Rupee Accounts (NRO accounts)
and Non-resident (Non-repatriable) Rupee deposit accounts (NRNR) are permitted
to be maintained.
Q.10 Can proceeds of foreign currency notes/travellers
cheques be credited to NRE accounts without any restriction?
Ans. Authorised dealers have been permitted to credit the proceeds
of foreign currency notes/travellers cheques brought by the account holder
from abroad during his visit to India provided they are tendered in person.
Where the amount of foreign currency notes tendered exceeds U.S.$ 2,500
or its equivalent or the total amount tendered i.e. currency notes and
travellers cheques, are in excess of U.S.$ 10,000 or its equivalent, it
should have been declared to the Customs on the Currency Declaration Form
(CDF) at the time of the account holder's arrival into India. Further,
in the case of travellers cheques, they should be presented by the account
holder himself and discharged by him in the presence of the official of
the concerned bank.
Q.11 Can NRE accounts be opened by the power
of attorney holder in India on behalf of a non-resident?
Ans. No.
Q.12 Can resident Power of Attorney holder
operate on the NRE accounts?
Ans. Yes, but only for local payments to be made on behalf of the account
holder. In cases where the account holder or a bank designated by him has
been granted permission by Reserve Bank to make investments in India, the
Power of Attorney holder (POA) is permitted to operate the account to facilitate
such investments. POA holders cannot, however, make gifts from NRE accounts.
Q. 13 Can Power of Attorney holder credit proceeds
of foreign currency notes/bank notes and travellers cheques to the NRE
accounts?
Ans. No.
Q. 14 What is the distinction between NRE account
and NRO account?
Ans. Balances held in NRE accounts can be repatriated abroad freely,
whereas funds in NRO account cannot be remitted abroad but used only for
local payments in rupees. Consequently, funds remitted from abroad or local
funds which can otherwise be remitted abroad to the account holder can
only be credited to NRE accounts. Funds which do not qualify, under the
Exchange Control regulations, for remittance outside India are required
to be credited to NRO accounts.
Q. 15 Can NRO/NRE accounts be maintained by
NRIs jointly with residents?
Ans. NRO accounts can be held jointly with residents. However, NRE
accounts cannot be held jointly with residents.
Q. 16 What is the rate of interest payable
on such accounts?
Ans. In the case of NRE accounts, the interest rates for deposits up
to one year should not exceed Bank Rate minus 2 percentage points. Interest
rates on term deposits of over one year are determined by the banks themselves.
Interest rates on NRO accounts are fixed as in the case of domestic deposits.
Q. 17 Are debits and credits to NRO accounts
allowed freely by banks maintaining the accounts?
Ans. Yes. Debits for local payments are allowed freely. Funds representing
legitimate dues of the account holder or proceeds of remittances received
from abroad through banking channels are permitted to be credited freely.
Q. 18 What are the admissible debits and credits
to NRE accounts?
Ans. Debits for local payments/investments are allowed freely. Credits
to an account, of funds emanating from a local source would be permissible
only if the funds are of a repatriable nature i.e. are eligible to be remitted
abroad.
Q. 19 Can funds in NRE/NRO accounts be repatriated
outside India?
Ans. Funds held in NRE accounts can be repatriated abroad freely. Funds
held in NRO accounts which would generally be from a local source cannot
be repatriated outside India. Interest earned on funds in NRO accounts
during the financial year 1994-95 and onwards can, however, be remitted
to the extent permitted by Reserve Bank (See Answers to Questions 59 and
60).
Q. 20 Can funds in NRE/NRO accounts be utilised
for payment of air fare to/from/in India of the account holder and/or his
dependents?
Ans. Yes. Banks maintaining the accounts have been authorised to permit
such payments. Airlines/shipping companies and their agents have also been
permitted to accept payments in rupees from the funds held in NRO/NRE accounts
for the purpose.
Q. 21 Are temporary overdrawings permitted
in NRO Savings Bank accounts?
Ans. Yes. Authorised dealers may allow such overdrawings up to Rs.
1,000/- subject to the condition that the overdrawings together with the
interest payable thereon are cleared within a period of two weeks.
Q. 22 Are NRO/NRE/NRNR account holders eligible
for loans/overdrafts against their fixed deposits?
Ans. Yes, except for the purpose of relending, carrying on agricultural/plantation
activities or for investment in real estate business. Loans against NRE
fixed deposits can, however, be utilised for investments in India on non-repatriation
basis, in certain specified areas and for acquisition of flats/houses subject
to prescribed conditions.
Q. 23 What are the rates of interest charged
on such loans?
Ans. While interest on loans up to Rs.2 lakhs against NRO/NRE fixed
deposit accounts will be charged two percent above the rates paid by banks
for the concerned deposits, repayment of loans will have to be made either
by adjustment of the deposits or by fresh remittances from abroad. Banks
are free to charge interest on loans above Rs.2 lakhs.
Q. 24 Can loans raised against NRE fixed deposits
be repaid out of funds in NRO accounts?
Ans. The loans raised against NRE deposits can be repaid out of NRO
funds but in such cases, the interest would be charged at commercial rate
as in force from time to time.
Q. 25 Is nomination allowed in NRO/NRE accounts?
Ans. Yes.
Q. 26 Is repatriation of funds belonging to
non-resident nominees permitted?
Ans. Funds held in NRO account will be allowed to be credited to the
non-resident nominee's NRO account only and no repatriation is permitted.
Repatriation of funds from the deceased person's NRE account will be permitted
by authorised dealers.
Q. 27 Is transfer of funds between NRE accounts
maintained by two different account holders permitted?
Ans. Yes. Authorised dealers can permit transfer of funds from the
NRE account of one person to the NRE account of another person for bona
fide personal purposes. Transfers by way of gifts are permitted subject
to payment of gift tax.
Q. 28 At what rates are remittances to India
by NRIs for credit to NRE/NRO/NRNR accounts converted into rupees?
Ans. Remittances made for credit to rupee accounts (i.e. NRE/NRO/NRNR
accounts) maintained by NRIs are converted at market rate.
Q. 29 Is there any scheme under which non-residents
other than NRIs can also keep rupee deposits with banks in India?
Ans. Yes, NRIs and other non-residents can maintain NRO rupee accounts
as well as keep deposits with banks in India under NRNR Rupee Deposit Scheme.
Q. 30 How should an account under the Non-Resident
Non-repatriable (NRNR) Rupee Deposit Scheme be opened?
Ans. Such an account can be opened with an authorised dealer in India
by remitting funds from abroad in any convertible foreign currency. Under
the NRNR Scheme, deposits designated in rupees can be kept for periods
ranging from 6 months to 3 years. NRIs can also open such accounts by transferring
funds from their existing NRE/FCNR accounts. No penal interest is chargeable
for premature withdrawal of NRE/FCNR deposits for the purpose of making
investment in the scheme if the deposit is to be kept with the same authorised
dealer.
Q. 31 What is the rate of interest payable
on NRNR deposits?
Ans. Banks are free to determine the interest rates under this Scheme.
Q. 32 Can the principal or the interest accrued
on NRNR deposits be repatriated outside India at any time?
Ans. The principal amount of the deposit is not eligible for repatriation.
Interest earned up to 30th September 1994 is also not eligible for repatriation.
Interest earned for the period beginning 1st October 1994 is, however,
eligible for repatriation or can be utilised for opening fresh NRE/FCNR
deposits, or can be credited to existing NRE accounts.
Q. 33 Can the principal together with the interest
accrued on NRNR deposits be renewed, on maturity?
Ans. Only the principal amount of deposit could be renewed under the
scheme upto 30th September 1994. However, since interest accrued for the
period from 1st October 1994 is repatriable, the principal amount together
with interest accrued for the period from 1st October 1994 can be renewed
under the scheme.
Q. 34 Can loans/overdrafts be availed of against
the security of these deposits?
Ans. Yes. Authorised dealers are permitted to grant loans/overdrafts
for purposes other than investment.
Q.34A What is the status of NRO/NRE accounts
on the return of the account holder to India?
Ans. Banks have been advised to redesignate such accounts as resident
accounts on return of the account holder to India.
Q.34B Does the account holder suffer any loss
of interest on such redesignation of accounts?
Ans. No Banks have been advised to continue to pay interest at the
contracted rate till the maturity of the deposit if the deposit is held
for the full term even after conversion into resident rupee account.
C. Foreign Currency Accounts
Q. 35 Can accounts be maintained by NRIs in
foreign currencies?
Ans. Yes. Accounts in foreign currencies (FCNR accounts) can be maintained
by NRIs with authorised dealers in India.
Q. 36 What are the foreign currencies in which
such accounts can be maintained?
Ans. FCNR Accounts can be maintained in Pound Sterling, U.S. Dollar,
Deutsche Mark and Japanese Yen.
Q. 37 Are FCNR accounts permitted to be maintained
in the form of current/savings accounts?
Ans. No. FCNR accounts can be maintained only in the form of 'term
deposits', i.e. a deposit kept for fixed periods ranging from 6 months
to 3 years.
Q. 38 What is the maximum period of maturity
for a FCNR term deposit account?
Ans. The maximum period of maturity is three years.
Q. 39 Is premature withdrawal of the FCNR term
deposit allowed?
Ans. Yes. However, this is subject to the levy of a penalty.
Q. 40 What is the penalty for premature withdrawal
of a FCNR deposit?
Ans. Interest in such cases is paid at one per cent below the interest
rate payable for the period for which the deposit has actually run. Interest
on deposits is, however, payable only if they are kept for a minimum period
of six months.
Q. 41 If a FCNR deposit of 6 months maturity
is withdrawn prematurely, would any interest be payable?
Ans. No. While the premature withdrawal would be allowed, no interest
would be payable. For such premature withdrawals the bank may levy penalty
as per their discretion.
Q. 42 Are the interest rates on FCNR deposits
liable for periodical revision?
Ans. Yes. The Banks have been permitted to offer interest on such deposits
at rates not more than the LIBOR prevailing on the last working day of
the previous week for the relevant maturity and currency. Subject to this
guideline, banks can offer either fixed or floating rate of interest on
such deposits.
Q. 43 What about debits to FCNR accounts for
local payments?
Ans. Debits for local payments in rupees are allowed freely. As regards
debits for investments in India, please see Chapters III and IV.
Q. 44 Are funds in FCNR accounts freely repatriable
abroad?
Ans. Yes. Authorised dealers maintaining these accounts would allow
repatriation abroad of these funds.
Q.44A Can FCNR deposits be held jointly with
residents?
Ans. No.
Q. 45 Is nomination allowed in FCNR accounts?
Ans. Yes.
Q. 46 Is repatriation of FCNR funds to non-resident
nominees permitted?
Ans. Yes. (Also see answer to Q. 26 for repatriation of funds in NRE
account)
Q.46A What is the status of FCNR accounts
on the return of the account holder to India?
Ans. Banks would treat the deposits held in FCNR accounts as resident
deposits but would continue to pay interest at the contracted rate till
maturity of the deposit.