Chapter IIID — Derivatives and Money Markets
Section 45W: Power of Bank to regulate transactions in derivatives, money market instruments, securities, etc.
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 45W authorises RBI to determine policy and give directions to agencies dealing in derivatives, money-market instruments, Government securities and other instruments within the statutory scope, including directions on eligibility, trading, reporting and related matters.
Finin2min - Section 45W in 2 minutes
Statutory structure and clause / subsection decode
This map separates the operative limbs of this provision so thresholds, powers, conditions and exceptions are not collapsed into a single summary.
Rule 1
The section is the central enabling power for many RBI financial-market Directions
Rule 2
sub-powers should be matched to the product and agency concerned.
Connected rule
Current compliance therefore depends on the live product-specific Direction, not on the bare section alone.
Worked practical example
Facts. A treasury desk entering a new derivative should first map the product to the applicable RBI Direction under Section 45W and configure eligibility/reporting controls before the first trade.
Compliance points and common mistakes
- Do not decide the issue from the heading alone. Map the facts to the operative words of Section 45W and to each relevant subsection, clause, proviso or explanation shown above.
- Keep the statutory question separate from the operational overlay. Current compliance therefore depends on the live product-specific Direction, not on the bare section alone.
- Do not convert an exception, exemption or discretionary RBI/Government power into an automatic entitlement. Record the authority, conditions and effective date.
- Where the provision is historical, omitted or repealed, state that status prominently and do not present it as a current compliance obligation.
Connected provisions and instruments
Questions and answers
What is the purpose of Section 45W?
Power of Bank to regulate transactions in derivatives, money market instruments, securities, etc.: Section 45W authorises RBI to determine policy and give directions to agencies dealing in derivatives, money-market instruments, Government securities and other instruments within the statutory scope, including directions on eligibility, trading, reporting and related matters.
Which statutory limb should be checked first?
Rule 1 - The section is the central enabling power for many RBI financial-market Directions
What is the next legal boundary?
Rule 2 - sub-powers should be matched to the product and agency concerned.
What record should support the conclusion?
Section 45W file evidence: Maintain the product classification, eligible-user/counterparty test, dealing mandate, trade documentation, platform/venue requirement and required RBI/CCIL reporting.
Primary sources
- Department of Financial Services - consolidated RBI Act (states amendments through Finance Act, 2022)
- India Code - Reserve Bank of India Act, 1934