Newly Incorporated Section 194R (Income Tax Act 1961)

Update from RBI on obtaining LEI code for non-individual (corporate) borrowers:

1 Notification Date 21/04/2022
2 Subject Legal Entity Identifier (LEI) for Borrowers
3 Applicability Non-individual borrowers such as Companies, LLPs, Firms, etc.
4 Brief description All non-individual borrowers enjoying aggregate exposure of ₹5 crore and above from banks and financial institutions (FIs) shall be required to obtain LEI codes as per the timeline given below.
5 Timeline
Total Exposure LEI to be obtained on or before
Above ₹25 crore April 30, 2023
Above ₹10 crore, up to ₹25 crore April 30, 2024
₹5 crore and above, up to ₹10 crore April 30, 2025
6 Definitions

1. Exposure:  “Exposure” for this purpose shall include all fund based and non-fund based (credit as well as investment) exposure of banks/FIs to the borrower. Aggregate sanctioned limit or outstanding balance, whichever is higher, shall be reckoned for the purpose.

2.  “Banks” shall mean Scheduled Commercial Banks (excluding Regional Rural Banks), Local Area Banks, Small Finance Banks and Primary (Urban) Co-operative Banks.

3.  Financial Institutions” (FIs) shall mean All India Financial Institutions (Exim Bank, SIDBI, NHB, NABARD and NaBFID) and NBFCs (including HFCs)

7 Consequences for not obtaining LEI within the timelines Borrowers who fail to obtain LEI codes from an authorized Local Operating Unit (LOU) shall not be sanctioned any new exposure nor shall they be granted renewal/enhancement of any existing exposure.
8 Exemptions from obtaining LEI Departments/Agencies of Central and State Governments (not Public Sector Undertakings registered under Companies Act or established as Corporation under the relevant statute) shall be exempted from this provision.
9 Previous Notification

RBI notification dated 2nd November 2017 – It was notified that the LEI system for all borrowers of banks having total fund based and non-fund based exposure of ₹ 5 crore and above will be introduced in a phased manner.

Accordingly, it was made mandatory to the existing large corporate borrowers having total exposures of ₹ 50 crore and above to obtain LEI as per below schedule:

Total Exposure to SCBs To be completed by
₹ 1000 crore and above Mar 31, 2018
Between ₹ 500 crore and ₹ 1000 crore Jun 30, 2018
Between ₹ 100 crore and ₹ 500 crore Mar 31, 2019
Between ₹ 50 crore and ₹ 100 crore Dec 31, 2019
10 Applicability of guidelines for the loan availed from UCBs and NBFCs Credit facilities availed from Primary (Urban) Co-operative Banks (UCBs) and Non-Banking Financial Companies (NBFCs) were not included in this provision previously. However, now it has been decided that the said guidelines shall also be extended to the credit facilities availed from UCBs and NBFCs.

Please find attached copy of RBI notitication for your reading and reference.

Hello, how may we help you?