1. There are no unsecured loans for which intangible security such as
charge over the rights, licenses, authority, etc are accepted as
collateral by the bank.
2. RBI has imposed a penalty of Rs. 0.15 crores vide letter dated 26th
April 2011 in respect of foreign exchange derivative transactions done
by the bank with certain corporates during the period 2007-08.
3. There are no Off-Balance Sheet SPVs sponsored (which are required
to be consolidated as per accounting norms).
4. Draw Down from Reserves:
In accordance with the RBI requirement on creation and utilisation of
Investment reserve in respect of HFT and AFS investments, reserve of Rs.
26.83 crores (net of taxes & applicable transfer to statutory reserves)
has been utilised.
5. Bank has not issued any letters of comfort during the year. There
were no outstanding letters of comfort during the year end (Previous
year Nil).
B. OTHER DISCLOSURES:
1. Pursuant to the approval of the shareholders at the Annual General
Meeting held on 21st July 2010, each equity share of the Bank having
face value of Rs. 10 fully paid up was sub-divided into two equity shares
of the face value of Rs. 5 each fully paid up as at 14th September 2010.
2. In August 2010, the Bank allotted 1,64,00,000 equity shares of Rs. 10
each at a premium Rs. 823 per equity share for a total consideration of Rs.
1,366.12 crores on a preferential basis to Sumitomo Mitsui Banking
Corporation. The net issue expenses of Rs. 0.58 crores related to the
aforesaid issue have been charged to the securities premium account as
allowed under section 78 of the Companies Act, 1956. The above expenses
include Rs. 0.08 crores paid to the auditors in connection with the
issue.
3. Till 31st March 2010, the Bank used to account for market
repurchase and reverse repurchase transactions in government securities
and corporate debt securities, if any, as sale and repurchase
transactions. However, as per RBI circular no. RBI/2009- 2010/356 IDMD/
4135/11.08.43/2009-10 dated 23rd March 2010; the Bank has started
accounting for such transactions as borrowing and lending
transactions, effective 1st April 2010. If the Bank had continued to
account the reverse and reverse repurchase transactions as sale and
repurchase at 31st March 2011, the investments would have been lower
by Rs. 561.89 crores and the Balances with Banks and Money at call and
short notice and Borrowings would have been lower by Rs. 51.07 crores
and Rs. 612.96 crores respectively.
6. Lease Disclosures:
a. The Bank has taken various premises and equipment under operating
lease. The lease payments recognised in the Profit and Loss Account are
Rs. 115.73 crores (previous year Rs. 115.75 crores). The sub-lease income
recognised in the Profit and Loss Account is Rs. 5.97 crores (previous
year Rs. 5.33 crores).
b. The future minimum lease payments under non cancellable operating
lease – not later than one year is Rs. 111.59 crores (previous year Rs.
89.05 crores), later than one year but not later than five years is Rs.
356.45 crores (previous year Rs. 278.28 crores) and later than five years
Rs. 138.00 crores (previous year Rs. 104.64 crores).
The lease terms include renewal option after expiry of primary lease
period. There are no restrictions imposed by lease arrangements. There
are escalation clauses in the lease agreements.
10. ESOPs:
At the General Meetings of the holding company, Kotak Mahindra Bank
Limited, the shareholders of the Bank had unanimously passed Special
Resolution on 28th July 2000, 26th July 2004, 26th July 2005, 5th July
2007 and 21st August 2007, to grant options to the eligible Employees
of the Bank and its subsidiaries companies. Pursuant to these
resolutions, the following four Employees Stock Option Schemes had been
formulated and adopted:
a) Kotak Mahindra Equity Option Scheme 2001-02
b) Kotak Mahindra Equity Option Scheme 2002-03
c) Kotak Mahindra Equity Option Scheme 2005
d) Kotak Mahindra Equity Option Scheme 2007
Consequent to the above, the Bank has granted stock options to the
employees of the Bank and its subsidiaries. The Bank under its various
plan / schemes, has granted in aggregate 5,40,24,680 options as on 31st
March 2011 (Previous year 4,92,75,440).
Stock appreciation rights
The Bank has also granted stock appreciation rights (SARs) to select
employees which can be settled in cash. These options will vest on the
respective due dates in a graded manner as per the terms and conditions
of grant. The contractual life of the SARs range from 0.72 to 4.36
years.
13. Provisions and Contingencies:
Breakup of Provisions and Contingencies shown under the head
Expenditure in Profit and Loss Account
(Rs. in crores)
Particulars 31st March 2011 31st March 2010
Provisions for depreciation on
Investment 53.10 (2.40)
Provision towards NPA (including
write-offs; net of write-backs) 100.74 465.29
Provision towards restructured assets -- 3.33
Provision towards Standard Asset -- --
Provision for Taxes 369.52 250.00
Other Provision and Contingencies*
(net) (16.75) 19.67
Total Provisions and Contingencies 506.61 735.89
*For year ended 31st March 2011 includes write-back of provisions
against derivative contracts Rs. (21.41) crores (Previous year provision
of Rs. 14.83 crores) and provision for fees receivable Rs. 4.66 crores
(Previous year Rs. 4.84 crores).
14. The Bank receives deposits from customers as part of margin
requirements in respect of its professional clearing member (PCM)
business with National Securities Clearing Corporation Ltd (NSCCL).
Correspondingly, the Bank is required to maintain margins / deposits
with NSCCL. For the said purpose of placing margins / deposits, the
Bank has issued its own Fixed Deposit receipts amounting to Rs. 582.85
crores (Previous year Rs. 591.41 crores) in favour of NSCCL which have
not been included in Term Deposits from Others [Schedule 3 (III)
(ii)].
15. Tier II Bonds
a) Lower Tier II Bonds outstanding as at 31st March 2011 Rs. 465.70
crores (Previous year Rs. 465.70 crores).
During the year, the Bank did not raise lower Tier II bonds (Previous
year Nil). In accordance with the RBI requirements lower Tier II bonds
of Rs. 113.48 crores (Previous year Rs. 65.48 crores) are not considered as
Tier II capital for the purposes of capital adequacy computation.
b) Upper Tier II Bonds outstanding as at 31st March 2011 Rs. 336.68
crores (Previous year Rs. 338.05 crores) of which bonds issued outside
India Rs. 200.68 crores (Previous year Rs. 202.05 crores).
During the year, the Bank did not raise upper Tier II bonds. (Previous
year Nil).
c) Interest Expended-Others (Schedule 15(III)) includes interest on
subordinated debt (Lower and Upper Tier II) Rs. 57.49 crores (Previous
year Rs. 58.10 crores).
16. Description of Contingent Liabilities:
1. Claims not acknowledged as debts
This includes liability on account of income tax, interest tax, sales
tax and lease tax demands and legal cases filed against the Bank. The
Bank is a party to various legal proceedings in the normal course of
business. The Bank does not expect the outcome of these proceedings to
have a material adverse effect on the Banks financial conditions,
result of operations or cash flows. Against the above Rs. 31.52 crores
have been paid, which shall be refunded to the Bank, if the outcome of
the legal proceedings will be in the favour of the Bank.
2. Liability on account of outstanding forward exchange contracts
The Bank enters into foreign exchange contracts with inter Bank
participants on its own account and for customers. Forward exchange
contracts are commitments to buy or sell foreign currency at a future
date at the contracted rate.
3. Guarantees on behalf of constituents in India
As a part of its Banking activities, the Bank issues guarantees on
behalf of its customers. Guarantees generally represent irrevocable
assurances that the Bank will make payments in the event of customer
failing to fulfill its financial or performance obligations.
4. Acceptances, endorsements and other obligations
These includes:
- Documentary credit such as letters of obligations, enhance the credit
standing of the customers of the Bank.
- Bills re-discounted by the Bank and cash collateral provided by the
Bank on assets which have been securitised.
5. Other items for which the Bank is contingently liable
These include:
- Liabilities in respect of interest rate swaps, currency swaps,
forward rate agreements and options contracts. The Bank enters into
these transactions with inter Bank participants on its own account and
for customers. Currency Swaps are commitments to exchange cash flows by
way of interest / principal in one currency against another, based on
predetermined rates. Interest rate swaps are commitments to exchange
fixed and floating interest rate cash flows. The notional amounts that
are recorded as contingent liabilities are amounts used as a benchmark
for the calculation of interest component of the contracts.
- Liability in respect of Capital commitments relating to fixed assets
and undrawn commitments in respect of investments.
* Also refer Schedule 12 – Contingent Liabilities
17. The Bank has not received any intimation from suppliers
regarding their status under the Micro, Small and Medium Enterprises
Development Act, 2006 and hence disclosures, if any, relating to
amounts unpaid as at the year end together with interest paid / payable
as required under the said Act have not been given.
18. Figures for the previous year have been regrouped / reclassified
wherever necessary to conform to current years presentation. |