The SBV recently announced it is drafting a circular in a move to discourage cross-ownership among banks and encourage transparency in the capital contribution sources of shareholders.Under the draft circular, a revision of Circular No. 06/2015/TT-NHNN, banks must bring their ownership thresholds in line with limitations stipulated in Article 55 of the Law on Credit Institutions before June 30 next year.
Him Lam Group’s leader Duong Cong Minh chose to become Sacombank’s chairman
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The central bank will impose harsh penalties on banks that fail to meet the deadline. Penalties include disapproval of the bank’s proposals regarding top positions, such as members of the board of directors and supervisory board and the CEO.
Non-compliant shareholders will also have their dividend rights and right to serve on the board of directors suspended, in addition to being prohibited from increasing their stake in their respective banks.
Effective measures
The Law on Credit Institutions, which was passed by the National Assembly and came into effect on January 15 this year, has so far also contributed in reducing cross-ownership between banks and subsidiaries.
As the revised law prohibits bank leaders from taking up senior positions in other businesses, many banks have recently reshuffled their leadership at their respective 2018 annual general meetings of shareholders (AGMs) to comply with the new central bank regulation.
Banking expert Can Van Luc said many bank leaders had to resign from their positions as chair of the Board of Directors or CEO of business firms to continue managing banks. A number of business owners also had to give up chairmanship positions at banks to comply with the new law.
Prior to the central bank’s new regulation, it was a popular practice for one individual to own a bank and a business firm at the same time. However, at this year’s AGMs, many bank leaders, such as Duong Cong Minh of Sacombank, Do Quang Hien of SHB, and Do Minh Phu of TPBank, resigned from the chairmanship of their businesses to devote their entire time and expertise to banks.
In contrast, Nguyen Thi Nga of SeA Bank, Vo Quoc Thang of Kienlongbank, and Vu Van Tien of ABBank left their top positions at banks to manage businesses.
They were the most obvious examples of the decrease in cross-ownership, Luc said.
Luc said cross-ownership in banks has also been put under control as a result of their listing in stock markets. Stock market listing means information, especially those related to internal management and the ownership rate of shareholders, must be made public and subjected to close monitoring by the State Securities Commission.
However, experts suggested that a close supervision is still needed as some individuals can take advantage of loopholes in the law.
Finance and banking expert Nguyen Tri Hieu said that while the new law had a good impact on transparency in the area of ownership, state agencies must still monitor activities closely as some individuals who do not take leadership positions in banks may still have governing powers.
