The document discusses non-banking financial companies (NBFCs) in India. It states that NBFCs play an important role in the Indian financial system by providing credit and other financial services to segments underserved by banks, like small borrowers and the unorganized sector. NBFCs engage in activities like lending, investing, hire-purchase and leasing. They are regulated by the Reserve Bank of India and have grown significantly since the 1990s. The document then provides a brief history of committees established to study and make recommendations about regulating NBFCs in India.
The document discusses non-banking financial companies (NBFCs) in India. It states that NBFCs play an important role in the Indian financial system by providing credit and other financial services to segments underserved by banks, like small borrowers and the unorganized sector. NBFCs engage in activities like lending, investing, hire-purchase and leasing. They are regulated by the Reserve Bank of India and have grown significantly since the 1990s. The document then provides a brief history of committees established to study and make recommendations about regulating NBFCs in India.
The document discusses non-banking financial companies (NBFCs) in India. It states that NBFCs play an important role in the Indian financial system by providing credit and other financial services to segments underserved by banks, like small borrowers and the unorganized sector. NBFCs engage in activities like lending, investing, hire-purchase and leasing. They are regulated by the Reserve Bank of India and have grown significantly since the 1990s. The document then provides a brief history of committees established to study and make recommendations about regulating NBFCs in India.
The document discusses non-banking financial companies (NBFCs) in India. It states that NBFCs play an important role in the Indian financial system by providing credit and other financial services to segments underserved by banks, like small borrowers and the unorganized sector. NBFCs engage in activities like lending, investing, hire-purchase and leasing. They are regulated by the Reserve Bank of India and have grown significantly since the 1990s. The document then provides a brief history of committees established to study and make recommendations about regulating NBFCs in India.
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"Aon Banking Financial Companies"
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INTRODUCTION:
We studied about banks, apart Irom banks the Indian Financial System has a large number oI privately owned, decentralised and small sized Iinancial institutions known as Non-banking Iinancial companies. In recent times, the non-Iinancial companies (NBFCs) have contributed to the Indian economic growth by providing deposit Iacilities and specialized credit to certain segments oI the society such as unorganized sector and small borrowers. In the Indian Financial System, the NBFCs play a very important role in converting services and provide credit to the unorganized sector and small borrowers.
NBFCs provide Iinancial services like hire-purchase, leasing, loans, investments, chit-Iund companies etc. NBFCs can be classiIied into deposit accepting companies and non-deposit accepting companies. NBFCs are small in size and are owned privately. The NBFCs have grown rapidly since 1990. They oIIer attractive rate oI return. They are Iund based as well as service oriented companies. Their main companies are banks and Iinancial institutions. According to RBI Act 1934, it is compulsory to register the NBFCs with the Reserve Bank oI India.
The NBFCs in advanced countries have grown signiIicantly and are now coming up in a very large way in developing countries like Brazil, India, and Malaysia etc. The non-banking companies when compared with commercial and co-operative banks are a heterogeneous (varied) group oI Iinance companies. NBFCs are heterogeneous group oI Iinance companies means all NBFCs provide diIIerent types oI Iinancial services.
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Non-Banking Financial Companies constitute an important segment oI the Iinancial system. NBFCs are the intermediaries engaged in the business oI accepting deposits and delivering credit. They play very crucial role in channelizing the scare Iinancial resources to capital Iormation.
NBFCs supplement the role oI the banking sector in meeting the increasing Iinancial need oI the corporate sector, delivering credit to the unorganized sector and to small local borrowers. NBFCs have more Ilexible structure than banks. As compared to banks, they can take quick decisions, assume greater risks and tailor- make their services and charge according to the needs oI the clients. Their Ilexible structure helps in broadening the market by providing the saver and investor a bundle oI services on a competitive basis.
Non Banking Finance Companies (NBFCs) are a constituent oI the institutional structure oI the organized Iinancial system in India. The Financial System oI any country consists oI Iinancial Markets, Iinancial intermediation and Iinancial instruments or Iinancial products. All these Items Iacilitate transIer oI Iunds and are not always mutually exclusive. Inter-relationships Between these are parts oI the system e.g. Financial Institutions operate in Iinancial markets and are, thereIore, a part oI such markets.
NBFCs at present providing Iinancial services partly Iee based and partly Iund based. Their Iee based services include portIolio management, issue management, loan syndication, merger and acquisition, credit rating etc. their asset based activities include venture capital Iinancing, housing Iinance, equipment leasing, hire purchase Iinancing Iactoring etc. In short they are now providing variety oI services. NBFCs diIIer widely in their ownership: Some are subsidiaries oI large "Aon Banking Financial Companies"
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ManuIacturers (e.g., T.V. Motors T.V. Finances and Services Ltd). Many others are owned by banks such as ICICI Banks, ICICI Securities Ltd, SBI Capital Market Ltd, Muthoot Bankers Muthoot Financial Services Ltd a key player in Kerala Iinancial services. Other Iinancial institutions are IFCIs IFCI Financial Services Ltd or IFCI Custodial Services Ltd (Devdas, 2005). Non-banking Financial Institutions carry out Iinancing activities but their resources are not directly obtained Irom the savers as debt. Instead, these Institutions mobilize the public savings Ior rendering other Iinancial services including investment. All such Institutions are Iinancial intermediaries and when they lend, they are known as Non-Banking Financial Intermediaries (NBFIs) or Investment Institutions. The term 'Finance is oIten understood as being equivalent to 'money. However, Iinal exactly is not money; it is the source oI providing Iunds Ior a particular activity. The word system, in the term Iinancial system, implies a set oI complex and closely connected or inter-linked Institutions, agents, practices, markets, transactions, claims, and liabilities in the Economy. The Iinancial system is concerned about money, credit and Iinance. The three terms are intimately related yet are somewhat diIIerent Irom each other:
O Money reIers to the current medium oI exchange or means oI payment. O Credit or loans is a sum oI money to be returned, normally with interest; it reIers to a debt O Finance is monetary resources comprising debt and ownership Iunds oI the state, company or person.
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ISTORICAL BACKGROUND.
The Reserve Bank oI India Act, 1934 was amended on 1st December, 1964 by the Reserve Bank Amendment Act, 1963 to include provisions relating to non-banking institutions receiving deposits and Iinancial institutions. It was observed that the existing legislative and regulatory Iramework required Iurther reIinement and improvement because oI the rising number oI deIaulting NBFCs and the need Ior an eIIicient and quick system Ior Redressal oI grievances oI individual depositors. Given the need Ior continued existence and growth oI NBFCs, the need to develop a Iramework oI prudential legislations and a supervisory system was Ielt especially to encourage the growth oI healthy NBFCs and weed out the ineIIicient ones. With a view to review the existing Iramework and address these shortcomings, various committees were Iormed and reports were submitted by them. Some oI the committees and its recommendations are given hereunder:
1. 1ames Raj Committee (1974)
The James Raj Committee was constituted by the Reserve Bank oI India in 1974. AIter studying the various money circulation schemes which were Iloated in the country during that time and taking into consideration the impact oI such schemes on the economy, the Committee aIter extensive research and analysis had suggested Ior a ban on Prize chit and other schemes which were causing a great loss to the economy. Based on these suggestions, the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 was enacted
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. Dr.A.C.Shah Committee (199):
The Working Group on Financial Companies constituted in April 1992 i.e. the Shah Committee set out the agenda Ior reIorms in the NBFC sector. This committee made wide ranging recommendations covering, inter-alia entry point norms, compulsory registration oI large sized NBFCs, prescription oI prudential norms Ior NBFCs on the lines oI banks, stipulation oI credit rating Ior acceptance oI public deposits and more statutory powers to Reserve Bank Ior better regulation oI NBFCs.
3. Khan Committee (1995)
This Group was set up with the objective oI designing a comprehensive and eIIective supervisory Iramework Ior the non-banking companies segment oI the Iinancial system. The important recommendations oI this committee are as Iollows: i. Introduction oI a supervisory rating system Ior the registered NBFCs. The ratings assigned to NBFCs would primarily be the tool Ior triggering on-site inspections at various intervals. ii. Supervisory attention and Iocus oI the Reserve Bank to be directed in a comprehensive manner only to those NBFCs having net owned Iunds oI Rs.100 laths and above. iii. Supervision over unregistered NBFCs to be exercised through the oII-site surveillance mechanism and their on-site inspection to be conducted selectively as deemed necessary depending on circumstances. iv. Need to devise a suitable system Ior co-coordinating the on-site inspection oI the NBFCs by the Reserve Bank in tandem with other regulatory authorities so that they were subjected to one-shot examination by diIIerent "Aon Banking Financial Companies"
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regulatory authorities.
v. Some oI the non-banking non-Iinancial companies like industrial/manuIacturing units were also undertaking Iinancial activities including acceptance oI deposits, investment operations, leasing etc to a great extent. The committee stressed the need Ior identiIying an appropriate authority to regulate the activities oI these companies, including plantation and animal husbandry companies not Ialling under the regulatory control oI Either Department oI Company AIIairs or the Reserve Bank, as Iar as their mobilization oI public deposit was concerned.
vi. Introduction oI a system whereby the names oI the NBFCs which had not complied with the regulatory Iramework / directions oI the Bank or had Iailed to submit the prescribed returns consecutively Ior two years could be published in regional newspapers.
4. Narasimhan Committee (1991)
This committee was Iormed to examine all aspects relating to the structure, organization & Iunctioning oI the Iinancial system.
These were the committee`s which Iounded non- banking Iinancial companies.
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NON-BANKING FINANCIAL COMPANY (NBFC)
-MEANING
Non-Banking Financial Companies (NBFCs) play a vital role in the context oI Indian Economy. They are indispensible part in the Indian Iinancial system because they supplement the activities oI banks in terms oI deposit mobilization and lending. They play a very important role by providing Iinance to activities which are not served by the organized banking sector. So, most the committees, appointed to investigate into the activities, have recognized their role and have recognized the need Ior a well-established and healthy non-banking Iinancial sector.
Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 and is engaged in the business oI loans and advances, acquisition oI shares/stock/bonds/debentures/securities issued by Government or local authority or other securities oI like marketable nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that oI agriculture activity, industrial activity, sale/purchase/construction oI immovable property. Non-banking institution which is a company and which has its principal business oI receiving deposits under any scheme oI arrangement or any other manner, or lending in any manner is also a non- banking Iinancial company.
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DEFINITIONS OF NBFC.
Non-Banking Financial Company has been deIined as: (i) A non-banking institution, which is a company and which has its principal business the receiving oI deposits under any scheme or lending in any manner. (ii) Such other non-banking institutions, as the bank may with the previous approval oI the central government and by notiIication in the oIIicial gazette, speciIy. NBFCS provide a range oI services such as hire purchase Iinance, equipment lease Iinance, loans, and investments. NBFCS have raised large amount oI resources through deposits Irom public, shareholders, directors, and other companies and borrowing by issue oI non-convertible debentures, and so on. Non-banking Financial Institutions carry out Iinancing activities but their resources are not directly obtained Irom the savers as debt. Instead, these Institutions mobilize the public savings Ior rendering other Iinancial services including investment. All such Institutions are Iinancial intermediaries and when they lend, they are known as Non-Banking Financial Intermediaries (NBFIs) or Investment Institutions: &NIT TR&ST OF INDIA. LIFE INS&RANCE CORPORATION (LIC). GENERAL INS&RANCE CORPORATION (GIC).
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Factors contributing to the Growth of NBFCs: According to A.C. Shah Committee, a number oI Iactors have contributed to the growth oI NBFCs. Comprehensive regulation oI the banking system and absence or relatively lower degree oI regulation over NBFCs has been one oI the main reasons Ior their growth. During recent years regulation over their activities has been strengthened, as see a little later. The merit oI non-banking Iinance companies lies in the higher level oI their customer orientation. They involve lesser pre or post-sanction requirements, their services are marked with simplicity and speed and they provide tailor-made services to their clients. NBFCs cater to the needs oI those borrowers who remain outside the purview oI the commercial banks as a result oI the monetary and credit policy oI RBI. In addition, marginally higher rates oI interest on deposits oIIered by NBFCs also attract a large number oI depositors Regulation of NBFCs In 1960s, the Reserve Bank made an attempt to regulate NBFCs by issuing directions to the maximum amount oI deposits, the period oI deposits and rate oI interest they could oIIer on the deposits accepted. Norms were laid down regarding maintenance oI certain percentage oI liquid assets, creation oI reserve Iunds, and transIer thereto every year a certain percentage oI proIit, and so on. These directions and norms were revised and amended Irom time to time. In 1997, the RBI Act was amended and the Reserve Bank was given comprehensive powers to regulate NBFCs. The amended Act made it mandatory Ior every NBFC to obtain a certiIicate oI registration and have minimum net owned Iunds. Ceilings were prescribed Ior acceptance oI deposits, capital "Aon Banking Financial Companies"
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adequacy, credit rating and net-owned Iunds. T he Reserve Bank also developed a comprehensive system to supervise NBFCs accepting/ holding public deposits. Directions were also issued to the statutory auditors to report non-compliance with the RBI Act and regulations to the RBI, Board oI Directors and shareholders oI the NBFCs.
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CLASSIFICATION OF NBFCs:
This classiIication is in addition to the present classiIication oI NBFCs into deposit-taking and Non-deposit-taking NBFCs. Depending on the nature their major activity, the non-banking Iinancial companies can be classiIied into the Iollowing categories, they are:
(a) Equipment leasing company means any company which is carrying on the activity oI leasing oI equipment, as its main business, or the Iinancing oI such activity. (b) The leasing business takes place oI a contract between the lessor (lessor means the leasing company) and the lessee (lessee means a borrower). (c) &nder leasing oI equipment business a lessee is allowed to use particular capital equipment, as a hire, against a payments oI a monthly rent.
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(d) Hence, the lessee does not purchase the capital equipment, but he buys the right to use it. (e) There are two types oI leasing arrangements, they are: (i) Operating leasing: In operating leasing the producer oI capital equipment oIIers his product directly to the lessee on a monthly rent basis. There is no middleman in operating leasing. (ii) Finance leasing: In Iinance leasing, the producer oI the capital equipment sells the equipment to the leasing company, then the leasing company leases it to the Iinal user oI the equipment. Hence, there are three parties in Iinance leasing. The leasing company acts as a middleman between the producer oI equipment and the user oI equipment.
Benefits/Advantages of Leasing:
(1) 100 finance: They borrower in the equipment can get up to 100 Iinance Ior the use oI capital through leasing arrangement in the sense, that the leasing company provides the equipment immediately and the borrower need not pay the Iull amount at once. Hence, the borrower can use the amount Ior IulIilling other needs such as expansion development, etc.
(2) Payment is easier: Leasing Iinance is costlier. However, the borrower Iinds it convenient (easy) as he has to pay in installments out oI the return Irom the investment in the equipment. Hence, the borrower does not Ieel the burden oI payment.
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(3) Tax concessions: The borrower can get tax concessions in case oI leasing equipments. The total amounts oI rent paid on leased equipment are deducted Irom the gross income. In case oI immediate purchase, interest on the loan and the depreciation are deducted Irom the taxable income.
ire-purchase Finance Companies:
(a) Hire purchase Iinance company means any company which is carrying on the main business oI Iinancing, physical assets through the system oI hire- purchase. (b) In hire-purchase, the owner oI the goods hires them to another party Ior a certain period and Ior a payment oI certain installment until the other party owns it. (c) The main Ieature oI hire-purchase is that the ownership oI the goods remains with the owner until the last installment is paid to him. The ownership oI goods passes to the user only aIter he pays the last installment oI goods. (d) Hire-purchase is needed by Iarmers, proIessionals and transport group people to buy equipment on the basis oI hire purchase. (e) It is a less risky business because the goods purchased on hire purchase basis serve as securities till the installment on the loan is paid. (I) Generally, automobile industry needs lot hire-purchase Iinance. (g) The problem oI recovery oI loans does not occur in most cases, as the borrower is able to pay back the loan out oI Iuture earnings through the regular generation oI Iunds out oI the asset purchased. "Aon Banking Financial Companies"
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(h) In India, there are many individuals and partnership Iirms doing this business. Even commercial banks, hire-purchase companies and state Iinancial corporations provide hire-purchase credit. ousing Finance Companies:
(a) A housing Iinance company means any company which is carrying on its main business oI Iinancing the construction or acquisition oI houses or development oI land Ior housing purposes. (b) Housing Iinance companies also accept the deposits and lend money only Ior housing purposes. (c) Even though there is a heavy demand Ior housing Iinance, these companies have not made much progress and as on 31st March, 1990 only 17 such companies here reported to the RBI. (d) The ICICI and the Canara Bank took the lead to sponsor housing Iinance companies, namely, Housing Development Corporation Ltd. and the CanIin Homes Ltd. (e) All the inIormation about the Housing Iinance companies is available with the National Housing Bank. Housing Iinance companies also have to compulsorily to register themselves with the Reserve Bank oI India. (I) National Housing bank is the apex institution in the Iield oI housing. It promotes housing Iinance institutions, both on regional and local levels.
Investment Companies: (a) Investment company means any company which is carrying on the main business oI securities. (b) Investment companies in India can be broadly classiIied into two types: "Aon Banking Financial Companies"
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(1) olding Companies: (i) In case oI large industrial groups, there are holding companies which buy shares mainly Ior the purpose oI taking control over another institution. (ii) They normally purchase the shares oI the institution with the aim oI controlling it rather than purchasing shares oI diIIerent companies. (iii) Such companies are set up as private limited companies.
(2) Other Investment Companies: (i) Investment companies are also known as Investment trusts. (ii) Investment companies collect the deposits Irom the public and invest them in securities. (iii) The main aim oI investment companies is to protect small investors by collecting their small savings and investing than in diIIerent securities so that the risk can be spread. (iv) An individual investor cannot do all this on his own, due to lack oI expertise in investing. Hence, investing companies are Iormed Ior collective investing. Companies are Iormed Ior collective investments oI money, mainly oI small investors. (v) Another beneIit oI an investment company is that it oIIers trained, experienced and specialised management oI Iunds. (vi) It helps the investors to select a Iinancially sound and liquid security. Liquid security means a security which can be easily converted into cash. (vii)In India investment trusts are very popular. They help in putting the savings oI people into productive investments. (viii)Some oI the investment trusts also do underwriting, promoting and holding company business besides Iinancing. (ix)These investments trusts help in the survival oI business in the economy by "Aon Banking Financial Companies"
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keeping the capital market alive, active and busy.
Loan company:
(a) A loan company means any company whose main business is to provide Iinance through loans and advances. (b) It does not include a hire purchase Iinance company or an equipment leasing company or a housing Iinance company. (c) Loan company is also known as a 'Finance Company". (d) Loan companies have very little capital, so they depend upon public deposits as their main source oI Iunds. Hence, they attract deposits by oIIering high rates oI interest. (e) Normally, the loan companies provide loans to wholesalers, retailers, small- scale industries, selI-employed people, etc. (I) Most oI their loans are given without any security. Hence, they are risky. (g) Due to this reason, the loan company charges high rate oI interest on its loans. Loans are generally given Ior short period oI time but they can be renewed.
Mutual Benefit Financial Company:
(a) They are the oldest Iorm oI non-banking Iinancial companies. (b) A mutual beneIit Iinancial company means any company which is notiIied under section 620A oI the Companies Act, 1956. (c) It is popularly known as "Nidhis". (d) &sually, it is registered with only very small number oI shares. The value oI "Aon Banking Financial Companies"
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the shares is oIten Rs. 1 only (e) It accepts deposits Irom its members and lends only to its members against tangible securities. Chit-fund Companies: istory:
The chit Iund schemes have a long history in the southern states oI India. Rural unorganized chit Iunds may still be spotted in many southern villages. However, organized chit Iund companies are now prevalent all over India. The word is Hindi and reIers to a small note or piece oI something. The word passed into the British colonial 'lexicon and is still used to reIer to a small piece oI paper, a child or small girl
ow Chit Fund elp?
Chit Funds have the advantage both Ior serving a need and as an investment. Money can be readily drawn in an emergency or could be continued as an investment. Interest rate is determined by the subscribers themselves, based on mutual decisions and varies Irom auction to auction. The money that you borrow is against your own Iuture contributions. The amount is given on personal sureties too; unlike in banks and other Iinancial institutions which demand a tangible security. Chit Iunds can be relied upon to satisIy personal needs. &nlike other Iinancial institutions, you can draw upon your chit Iund Ior any purpose - marriages, religious Iunctions, medical expenses, just anything... "Aon Banking Financial Companies"
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Cost oI intermediation is the lowest.
(a) Chit Iunds companies are one oI the oldest Iorms oI local non-banking Iinancial institution in India. (b) They are also known as "kuries". (c) These institutions have originated Irom south India and are very popular over there. (d) A chit Iund organisation is an organisation oI a number oI people who join together and subscribe (contribute) amounts monthly so that any members who is in need oI Iunds can draw the amount less expenses Ior conducting the chit. It is an organisation run on co-operative basis Ior the beneIit oI the members who contribute money, the Iunds are used by them as and when a particular member needs it. (e) It helps the persons who save money regularly to invest their savings with good chances oI proIit. (I) Chit Iunds have many deIects as the rate oI return given to each member is not the same. (g) It diIIers Irom person to person, this leads in improper distribution oI gains and losses. (h) Also, the promoters oI these Iunds do everything Ior their own beneIit to get maximum income. (I) Hence, the banking commission has made suggestions to pass uniIorm chit Iunds laws Ior the whole oI India.
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Residuary Non-banking Companies:
(a) The term "residue" means a small part oI something that remains. As the meaning oI the term shows, a residuary company is one which does not Iall in any oI the above categories.
(b) It generally accepts deposits by operating diIIerent schemes similar to recurring deposit schemes oI banks. (c) Deposits are collected Irom a large number oI people by promising them that their money would be invested in banks and government securities (d) The collection oI deposits is done at the doorsteps oI depositors through bank staII, who is paid commission. (e) These companies get the Iunds at low cost Ior longer terms, at they invest them in investments which generates good amount oI return. (I) Many oI these companies operate with very small amount oI capital. (g) They have some adverse (bad) Ieatures, such as: (ii) Some do not submit periodic returns to the regulatory authority. (iii) Some oI them do not appoint banks, etc.
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ROLE OF NON- BANKING FINANCIAL COMPANIES. (1) Promoters Utilization of Savings: Non- Banking Financial Companies play an important role in promoting the utilization oI savings among public. NBFC`s are able to reach certain deposit segments such as unorganized sector and small borrowers were commercial bank cannot reach. These companies encourage savings and promote careIul spending oI money without much wastage. They oIIer attractive schemes to suit needs oI various sections oI the society. They also attract idle money by oIIering attractive rates oI interest. Idle money means the money which public keep aside, but which is not used. It is surplus money. () Provides easy, timely and unusual credit: NBFC`s provide easy and timely credit to those who need it. The Iormalities and procedures in case oI NBFC`s are also very less. NBFC`s also provides unusual credit means the credit which is not usually provided by banks such as credit Ior marriage expenses, religious Iunctions, etc. The NBFC`s are open to all. Every one whether rich or poor can use them according to their needs. (3) Financial Supermarket: NBFC`s play an important role oI a Iinancial supermarket. NBFC`s create a Iinancial supermarket Ior customers by oIIering a variety oI services. Now, NBFC`s are providing a variety oI services such as mutual Iunds, counseling, merchant banking, etc. apart Irom their traditional services. Most oI the NBFC`s reduce their risks by expanding their range oI products and activities.
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(4) Investing funds in productive purposes: NBFC`s invest the small savings in productive purposes. Productive purposes mean they invest the savings oI people in businesses which have the ability to earn good amount oI returns. For example In case oI leasing companies lease equipment to industrialists, the industrialists can carry on their production with less capital and the leasing company can also earn good amount oI proIit. (5) Provide ousing Finance: NBFC`s, mainly the Housing Finance companies provide housing Iinance on easy term and conditions. They play an important role in IulIilling the basic human need oI housing Iinance. Housing Finance is generally needed by middle class and lower middle class people. Hence, NBFC`s are blessing Ior them. (6) Provide Investment Advice: NBFC`s, mainly investment companies provide advice relating to wise investment oI Iunds as well as how to spread the risk by investing in diIIerent securities. They protect the small investors by investing their Iunds in diIIerent securities. They provide valuable services to investors by choosing the right kind oI securities which will help them in gaining maximum rate oI returns. Hence, NBFC`s plays an important role by providing sound and wise investment advice. (7) Increase the Standard of living: NBFC`s play an important role in increasing the standard oI living in India. People with lesser means are not able to take the beneIit oI various goods which were once considered as luxury but now necessity, such as consumer durables like Television, ReIrigerators, Air Conditioners, Kitchen equipments, etc. NBFC`s increase the "Aon Banking Financial Companies"
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Standard oI living by providing consumer goods on easy installment basis. NBFC`s also Iacilitate the improvement in transport Iacilities through hire- purchase Iinance, etc. Improved and increased transport Iacilities help in movement oI goods Irom one place to another and availability oI goods increase the standard oI living oI the society. (8) Accept Deposits in Various Forms: NBFC`s accept deposits Iorms convenient to public. Generally, they receive deposits Irom public by way oI depositor a loaner in any Iorm. In turn the NBFC`s issue debentures, units` certiIicates, savings certiIicates, units, etc. to the public. (9) Promote Economic Growth: NBFC`s play a very important role in the economic growth oI the country. They increase the rate oI growth oI the Iinancial market and provide a wide variety oI investors. They work on the principle oI providing a good rate oI return on saving, while reducing the risk to the maximum possible extent. Hence, they help in the survival oI business in the economy by keeping the capital market active and busy. They also encourage the growth oI well- organized business enterprises by investing their Iunds in eIIicient and Iinancially sound business enterprises only. One major beneIit oI NBFC`s speculative business means investing in risky activities. The investing companies are interested in price stability and hence NBFC`s, have a good inIluence on the stock- market. NBFC`s play a very positive and active role in the development oI our country.
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Functions of Non- Banking Financial Companies: (1) Receiving benefits: The primary Iunction oI nbIcs is receive deposits Irom the public in various ways such as issue oI debentures, savings certiIicates, subscription, unit certiIication, etc. thus, the deposits oI nbIcs are made up oI money received Irom public by way oI deposit or loan or investment or any other Iorm. () Lending money: Another important Iunction oI nbIcs is lending money to public. Non- banking Iinancial companies provide Iinancial assistance through. (a) ire purchase finance: Hire purchase Iinance is given by nbIcs to help small important operators, proIessionals, and middle income group people to buy the equipment on the basis on Hire purchase. AIter the last installment oI Hire purchase paid by the buyer, the ownership oI the equipment passes to the buyer. (b) Leasing Finance: In leasing Iinance, the borrower oI the capital equipment is allowed to use it, as a hire, against the payment oI a monthly rent. The borrower need not purchase the capital equipment but he buys the right to use it. (c) ousing Finance: NBFC`s provide housing Iinance to the public, they Iinance Ior construction oI houses, development oI plots, land, etc.
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(d) Other types of finance provided by NBFCs include: Consumption Iinance, Iinance Ior religious ceremonies, marriages, social activities, paying oII old debts, etc. NBFCs provide easy and timely Iinance and generally those customers which are not able to get Iinance by banks approach these companies. (e) Investment of surplus money: NBFCs invest their surplus money in various proIitable areas.
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Commercial Bank versus (v/s) Non-banking Financial Companies While commercial banks and non-banking Iinancial companies are both Iinancial intermediaries (middleman) receiving deposits Irom public and lending them. Commercial bank is called as 'Big brother while the 'NBFC is called as the 'Small brother. But there are some important diIIerences between both oI them, they are as Iollows:
No. Commercial Banks. Non Bank Financial companies. 1 Issue of cheques: In case oI commercial banks, a cheque can be issued against bank deposits.
In case oI NBFC`s there is no facility to issue cheques against bank deposits. 2 Rate of interest: Commercial bank oIIer lesser rate of interest on deposits and charge less rate oI interest on loans as compared to NBFC`s.
NBFC`s oIIer higher rate of interest on deposits and charge higher rate oI interest on loans as compared to Commercial banks. 3 Facilities provided by them: Commercial banks can enjoy the benefit of certain facilities like deposit insurance cover Iacilities, reIinancing Iacilities, etc.
NBFC`s are not given such Iacilities.
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4
Law which governs them:
Commercial banks are regulated by Banking Regulation Act 1949 and RBI.
NBFC`s are regulated by diIIerent regulation such as SEBI, Companies Act, National Housing Bank, &nit Fund Act and RBI. 5 Types of assets:
commercial banks hold a variety of assets in the Iorm oI loans, cash credit, bill oI exchange, overdraIt etc.
NBFC`s specialize in one types of asset. For e.g.: Hire purchase companies specialize in consumer loans while Housing Finance Companies specialize in housing Iinance only.
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RBI Guidelines for Asset-Liability Management (ALM) system in NBFCs. This note lays down broad guidelines in respect oI interest rate and liquidity risks management systems in NBFCs which Iorm part oI the Asset Liability Management (ALM) Iunction. This is applicable to all NBFCs and Residuary non-banking companies meeting the criteria oI asset base oI Rs.100 crores, whether accepting deposits or not, or holding public deposits oI Rs.20 crores or more. Sl.No. Description / Compliance requirement Comments. As we are aware, the guidelines Ior introduction oI ALM system by banks and all India Iinancial intuitions have already been issued by Reserve Bank oI India and the system has become operational. Since the operations oI Iinancial companies also give rise to Asset Liability mismatches and interest rate risk exposures, it has been decided to introduce an ALM system Ior the NON- Banking Financial Companies (NBFCs) as well, as part oI their overall system Ior eIIective risk management in their various portIolios. A copy oI the guidelines Ior Asset Liability Management (ALM) system in NBFCs is enclosed. Is there an Asset Liability Committee (ALCO) consisting oI the company`s senior management to decide the business strategy oI the NBFC. 1. In the normal course, NBFC'S are exposed to credit and market risks in view oI the asset-liability transportation. With liberalization in Indian Iinancial markets over the last Iew years and growing integration oI domestic with external markets and entry oI MNC's Ior meeting the credit needs oI not only the corporate but also the retail segments, the risks associated with NBFC's operations have become complex and large, "Aon Banking Financial Companies"
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requiring strategic management. NBFC`s are now operating in a Iairly deregulated environment and are required to determine on their own, interest rates on deposits, subject to the ceiling oI maximum rate oI interest on deposits they can oIIer on deposits prescribed by the Bank; and advances on a dynamic basis. The interest rates on investments oI NBFC's in Government and other securities are also now market related. Intense pressure on the management oI NBFC's to maintain a good balance among spreads, proIitability and long-term viability. Imprudent liquidity management can put NBFC's earnings and reputation at great risk.
2. NBFC's need to address these risks in a structured manner by upgrading their risk management and adopting more comprehensive Asset-Liability Management (ALM) practices than has been done hitherto. ALM, among other Iunction, is also concerned with risk management and provides a comprehensive and dynamic Iramework Ior measuring, monitoring and managing liquidity and interest rate equity and commodity price risks oI major operators in the Iinancial system that needs to be closely integrated with the NBFC's business strategy. It involves assessment oI various types oI risks and altering the asset-liability portIolio in a dynamic way in order to manage risks.
3. This note lays down broad guidelines in respect oI interest rate and liquidity risks management systems in NBFC's which Iorm part oI the Asset-Liability Management (ALM) Iunction. The initial Iocus oI the ALM Iunction would be to enIorce the risk management discipline i.e. managing business aIter assessing the risks involved. The objective oI good risk management systems should be that these systems will evolve into a strategic tool Ior "Aon Banking Financial Companies"
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NBFC's management.
4. The ALM process rests on three pillars:
O ALM InIormation Systems O Management InIormation Systems O InIormation availability, accuracy, adequacy and expediency O ALM Organisation O Structure and responsibilities O level oI top management involvement O Risk parameters O Risk identiIication O Risk management O Risk policies and tolerance levels.
ALM INFORMATION SYSTEMS
ALM has to be support by a management philosophy which clearly speciIies the risk policies and tolerance limits. This Iramework needs to be built on sound methodology with necessary inIormation system as back up. Thus, inIormation is the key to the ALM process. It is, however, recognized that varied business proIiles oI NBFC's in the public and private sector do not make the adoption oI a uniIorm ALM System Ior all NBFC's Ieasible.
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have large number oI branches and agents/ brokers whereas some have unitary oIIices. ALM ORGANISATION
(a) SuccessIul implementation oI the risk management process would require strong commitment on the part oI the senior management in the NBFC, to integrate basic operations and strategic decision making with risk management. (b) The Asset-Liability Committee (ALCO) consisting oI the NBFC's senior management including ChieI Executive OIIicer (CEO) should be responsible Ior ensuring adherence to the limits set by the Board as well as Ior deciding the business strategy oI the NBFC (on the assets and liabilities sides) in line with the NBFC's budget and decided risk management objectives. (c) The ALM Support Groups consisting oI operating staII should be responsible Ior analyzing, monitoring and reporting the risk proIiles to the ALCO. The staII should also prepare Iorecasts (simulations) showing the eIIects oI various possible changes in market conditions related to the balance sheet and recommended the action needed to adhere to NBFC's internal limits.
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LIQUIDITY RISK MANAGEMENT
Measuring and managing liquidity needs are vital Ior eIIective operation oI NBFCs. By ensuring an NBFC's ability to meet its liabilities as they become due, liquidity management can reduce the probability oI an adverse situation developing. The importance oI liquidity transcends individual institution, as liquidity shortIall in one institution can have repercussions on the entire system. NBFCs management should measure not only the liquidity positions oI NBFCs on an ongoing basis but also examine how liquidity requirements are likely to involve under diIIerent assumptions. Experience shows that assets commonly considered as liquid, like Government securities and other money market instruments, could also become illiquid when the market and players are unidirectional.
NBFCs holding public deposits are required to invest up to a prescribed percentage (15 as on date) oI their public deposits in approved securities in terms oI liquid asset requirement oI section 45-IB oI the RBI Act,1934. Residuary Non-Banking Companies (RNBCs) are required to invest up to 80 oI their deposits in a manner as prescribed in the Directions issued under the said Act. There is no such requirements Ior NBFCs which are not holding public deposits. Thus various NBFCs including RNBCs would be holding in their investments portIolio securities which could be broadly classiIiable as 'mandatory securities' (under obligation oI law) and other 'non-mandatory securities'.
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Financial Companies Regulation Bill, 000. The Government oI India Iramed the Financial Companies Regulation Bill, 2000 to Consolidate the law relating to NBFCs and unincorporated bodies with a view to ensured posit or protection. The salient Ieatures oI this Bill are: All NBFCS will be known as Financial Companies instead oI NBFCs; NBFCs holding public deposits would not be allowed to carry on any non-Financial business with out the prior approval oI RBI; RBI would have the powers to prescribe minimum net-worth norms; unsecured depositors would have Iirst charge on liquid assets and assets created out oI deployment oI part oI the reserve Iund. Financial Companies would require prior approval oI RBI Ior any change in name, management or registered oIIice; Regulation oI unincorporated bodies would be in the hands oI the respective State Governments; Penalties have been rationalized with the objective that they should serve as a deterrent and investigative powers have been vested with District Magistrates and Superintendents oI Police; RBI would be empowered to appoint Special OIIicer(s) on delinquent Iinancial companies; Any sale oI property in violation oI RBI order would be void; The Company Law Board will continue to be the authority to adjudicate the claims oI depositors. Financial companies would have no recourse to the CLB to seek deIerment oI the depositors` dues. The Bill has been introduced in Parliament in 2000 and has since been reIerred to the Standing Committee on Finance. 8.0 Anomalies in the NBFC regulations.
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1. Clarity in Definition of NBFC: The clause (a) oI the section 45 I oI the RBI Act deIine the term Business oI A Non Banking Financial Institution`. Herein, it has been stated that, business oI a non-banking Iinancial institution`` means carrying on oI the business oI a Iinancial institution reIerred to in clause (c) and includes business oI a non-banking Iinancial company reIerred to in clause (I).` ThereIore, to understand what the business oI Non Banking Financial Institution is a reIerence has to be made to two other clauses (c) and (I). Clause (c) deIines the term Financial Institution` and clause (I) deIines NBFC itselI. However, the clause (I) contains a comprehensive and exclusive deIinition an NBFC. As per this clause a non-banking Iinancial company`` means (i) A Iinancial institution which is a company; (ii) A non-banking institution which is a company and which has as its principal business the receiving oI deposits, under any scheme or arrangement or in any other manner, or lending in any manner; (iii) Such other non-banking institution or class oI such institutions, as the Bank may, with the previous approval oI the Central Government and by notiIication in the OIIicial Gazette, speciIy. ThereIore, we can say an NBFC is always a company and can be a corporation or a co-operative only iI notiIied by RBI with approval oI Central Government. However, no co operative or corporation has been notiIied till now. The deIinition oI NBFC should have been simple to understand and need to cross reIerences to other clauses could have been avoided.
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The deIinition oI NBFC in our view could have been: Non-Banking Financial Company`` means A non banking company which carries on as its business or part oI its business any oI the Iollowing activities, namely: (i) The Iinancing, whether by way oI making loans or advances or otherwise, oI any activity other than its own. (ii) The acquisition oI shares, stock, bonds, debentures or securities issued by the Government or local authority or other marketable securities oI a like nature. (iii) Letting or delivering oI any goods to a hirer under a hire-purchase agreement as deIined in clause (c) oI section 2 oI the Hire-Purchase Act, 1972. (iv) The carrying on oI any class oI insurance business. (v) Managing, conducting or supervising, as Ioreman, agent or in any other capacity, oI chits or kuries as deIined in any law which is Ior the time being in Iorce in any State, or any business, which is similar thereto. (vi) Collecting, Ior any purpose or under any scheme or arrangement by whatever name called, monies in lump sum or otherwise, by way oI subscriptions or by sale oI units, or other instruments or in any other manner and awarding prizes or giIts, whether in cash or kind, or disbursing monies in any other way, to persons Irom whom monies are collected or to any other person, but does not include any institution, which carries on as its principal business: "Aon Banking Financial Companies"
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(a) Agricultural operations; or (industrial activity; or) (b) The purchase or sale oI any goods (other than securities) or the providing oI any services; or (c) The purchase, construction or sale oI immovable property, so however, that no portion oI the income oI the institution is derived Irom the Iinancing oI purchases, constructions or sales oI immovable property by other persons (d) A non banking company and which has as its principal business the receiving oI deposits, under any scheme or arrangement or in any other manner, or lending in any manner; (e ) Such other non-banking institution or class oI such institutions, as the Bank may, with the previous approval oI the Central Government and by notiIication in the OIIicial Gazette, speciIy.
2. Clarification regarding what in Principle Business: The sub clause (ii) oI clause (I) which deIines NBFC states that a non- banking company that has as its principal business the receiving oI deposits, under any scheme or arrangement or in any other manner, or lending in any manner is regarded as NBFC. Moreover, clause (c) that deIined Iinancial institution` also reIers to the phrase Principle business when it states that Iinancial institution does not include institution that carries on as its principle business(a) agricultural operations; or (a) industrial activity; or (b) the purchase or sale oI any goods (other than securities) or the providing oI any services; or (c) the purchase, construction or sale oI immovable property, so however, that "Aon Banking Financial Companies"
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no portion oI the income oI the institution is derived Irom the Iinancing oI purchases, constructions or sales oI immovable property by other persons. In the absence oI a deIinition oI the term principal business` in the Act itselI, it is not clear what should be the guidelines to be Iollowed to determine the principal business` oI a company? In case oI a company engaged exclusively in Iinancial business or a company doing exclusively non-Iinancial business, the principal business` will be evident enough and it may not be necessary to dwell upon what constitutes principal business` oI such a company. However, in the case oI companies which are carrying on multiple activities, both Iinancial and non- Iinancial, in some what equal or near equal proportions, determining the principal business` assumes considerable signiIicance. It would be necessary to deIine what constitutes the principal business` oI these companies, in the context oI the obligations cast by the amended provisions oI the RBI Act on the NBFCs, viz., requirement oI applying Ior registration in case oI existing companies and prior registration in case oI new companies, penalties Ior non-compliance with registration requirements, etc.
3. Applicability of Accounting Standards: The clause 5 oI the 'Non-Banking Financial (Deposit Accepting or Holding ) Companies Prudential Norms (Reserve Bank) Directions, 2007 states that Accounting Standards and Guidance notes issued by the Institute oI Chartered Accountants oI India shall be Iollowed in so Iar as they are not inconsistent with any oI the Directions. This clause should be rectiIied as ICAI has "Aon Banking Financial Companies"
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issued Companies (Accounting Standards) Rules 2006, which are applicable to accounting periods commencing on or aIter 7-12-2006. The Government oI India Iramed a new legislation to amend and consolidate the provisions contained in Chapter IIIB, III-C and V oI the RBI Act, 1934 relating to the regulation and supervision oI Iinancial companies, hither to known as non- banking Iinancial companies (NBFCs). This included prohibition oI acceptance oI deposits by unincorporated bodies and incorporating the recommendations oI the Task Force on NBFCs, which had made certain recommendations to this eIIect. The salient Ieatures oI the proposed legislation, which are materially diIIerent Irom the corresponding provisions oI RBI Act or are new provisions, are as Iollows: I. Basic Stipulations: (i) The draIt bill has been named as 'Financial Companies Regulations Bill, 2000. All the NBFCs will be known as Financial Companies instead oI NBFCs. (ii) The term 'public deposit' has been deIined in the Bill Ior the Iirst time and the deIinition would mean the same as at present in the NBFC Directions. (iii) There would be a nine member Advisory Council Ior Financial Companies under the Chairmanship oI Depute Companies and other experts in related areas to advise the Reserve Bank. (iv) NBFCs holding /accepting public deposits would be prohibited Irom carrying on any non- Iinancial business without the prior approval oI the Reserve Bank and the non-Iinancial business presently carried on by them would have to be wound up or transIerred to a subsidiary within three years. Any other business or Iee-based activity like insurance agency business, "Aon Banking Financial Companies"
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portIolio management, etc., would require prior approval oI the Reserve Bank. II .Entry Point Norms: (i) The requirement oI obtaining the COR Irom the Reserve Bank would be compulsory Ior all Iinancial Companies, irrespective oI whether the companies accept public deposits or not. However, the nonpublic Deposit taking Iinancial companies would require minimum owned Iund oI Rs.25 Lakh, whereas the public deposit taking Iinancial companies would require minimum net owned Iund (NOF) oI Rs.2 Crores and a speciIic authorization Irom the Reserve Bank to accept public deposits.
(ii) There would be powers with the Reserve Bank to: (a) Prescribe diIIerent capital Ior diIIerent classes oI Iinancial companies, (b) Raise the requirement oI minimum owned Iund (entry norm) Irom Rs.25 Lakh to oI Rs.25 Lakh to Rs.2 crores Ior the existing Iinancial companies accepting public deposits. However, suIIicient time would be allowed to such Iinancial companies to attain the enhanced capital requirement.
(iii) The requirement oI creation oI reserve Iund would be applicable only to the Iinancial companies accepting public deposits, as against the earlier requirement applicable to all NBFCs. (iv) &nsecured depositors would have Iirst charge on liquid assets and assets created out oI the deployment oI the part oI the reserve Iund. "Aon Banking Financial Companies"
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(v) The Iinancial companies would require prior approval oI the Reserve Bank Ior any change in the name, change in the management or change in the location oI the registered oIIice. III Regulatory and Supervisory Issues: (i) The Reserve Bank would be empowered to appoint Special OIIicer(s) on a delinquent Iinancial company and a duty has been cast on such company to cooperate with such Special OIIicer(s). (ii) The Company Law Board (CLB) would continue to be authority to adjudicate the claims oI depositors against the delinquent companies with powers to order initial payment oI a part oI deposit, attach assets oI the Iraudulent Iinancial company and appoint Recovery OIIicer(s) Ior management oI such asset. Financial company would have no recourse to the CLB to seek deIerment oI the depositors' dues. (iii) The prohibitory provisions Ior unincorporated bodies would continue in the Financial Companies Regulations Bill, but the role oI exercising the powers Ior enIorcement oI these provisions have been exclusively entrusted to State Governments, in addition to the powers under the respective State Laws Ior protecting the interests oI investors in Iinancial establishments. (iv) There would be powers vested in the District Magistrates to call Ior inIormation and to proceed against delinquent unincorporated bodies. (v) There would be a ban on the issue oI advertisement Ior soliciting deposits by all unincorporated bodies, irrespective oI whether they are conducting Iinancial business or not. "Aon Banking Financial Companies"
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(vi) &nauthorized deposit-taking by companies (a) whose applications Ior CertiIicate oI Registration have been rejected, (b) whose registration has been cancelled, (c) who have been prohibited Irom accepting public deposits would be a cognizable oIIence. The same would be the case Ior unregistered Iinancial companies as well as unincorporated bodies. (vii) Powers would be vested with a police oIIicer oI the rank not below that oI the Superintendent oI Police OI any State to order investigations into the alleged violations oI requirement oI registration by Iinancial companies and prohibition Irom acceptance oI deposits by unincorporated bodies. (viii) Penalties have been rationalized in accordance with the severity oI deIaults, with the objective that the penalty should serve as a deterrent to others. The Bill has been introduced in the Parliament in 2000 and has since been reIerred to the Standing Committee on Iinance. The Government oI India Iramed the Financial Companies Regulation Bill, 2000, to consolidate the law relating to NBFCs and unincorporated bodies with a view to ensure depositor protection.
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AN APPRAISAL OF FINANCIAL COMPANIES REGULATION BILL, 000: THE &NION Government's move to enact a separate law to regulate and control the non-banking Iinance companies (NBFC) sector is indeed laudable, aIter a large number NBFCs had Iailed to repay public deposits, ruining thousands oI gullible investors, drawn mainly Irom the middle class strata oI the society. However, a careIul perusal oI the new bill, introduced in the Lok Sabha on December 13, shows that this legislation seeks largely to consolidate into a single stand-alone enactment the regulatory provisions concerning the NBFC sector already existing in Chapters 111-B and C oI the Reserve Bank oI India Act, 1934, (RBI Act), as amended in 1997. Thus the new law, when enacted, will just be old wine in new bottle. It was in the wake oI the CRB scam that leIt several thousands oI depositors high and dry that the RBI Act was amended in 1997 to empower, inter alia, the Company Law Board (CLB) to hear and decide complaints Irom depositors on deIaults committed by Iinancial companies. However, an objective study will reveal that the RBI (Amendment) Act, 1997, which added Chapter IR-B to the parent Act, has hardly beneIited the depositor Iraternity. The winding-up petition Iiled against CRB by the RBI under the new provisions in 1997 is still pending with the Delhi High Court. The perpetrators oI the CRB Iraud have been bailed out and are scot-Iree. Many depositors have been devastated. Justice delayed is indeed justice denied.
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Ineffective CLB orders Close on the heels oI this `mother' scam came a host oI other NBFC Iailures - to name a Iew, Prudential Capital Markets, Lloyds Finance, Enarai Finance and Kirloskar Investments. The CLB's orders on all these cases, directing the companies concerned, to pay the depositors in accordance with speciIied phased repayment schedules are just dead letters. Repayments are yet to start at Prudential though the CLB order was passed in 1998; Lloyds continues to deIault on repayments and is way behind schedule. Repeated representations Irom the aggrieved depositors oI these companies to the CLB and the RBI have Iailed to improve matters. The RBI simply passes the buck on to the CLB. The latter just does not have either the determination or the will to punish the errant boards and managements though it has all the requisite powers under the Companies Act to do so. The result - the depositors continue to suIIer. ICICI got the CLB order on Enarai Finance stayed and Iiled a liquidation petition against the company, which is still pending. The RBI was inspired to Iollow ICICI's example in the case oI Kirloskar Investments and is keenly awaiting the Karnataka High Court's order on its liquidation petition Iiled last February. Against such a dismal scenario, is it not disappointing that the new bill provides Ior payment deIaults by the NBFCs to be adjudicated by the CLB? The CLB has no power to review its own orders. It reIuses to entertain petitions Irom depositors to amend/clariIy its orders and curtly asks the petitioners to approach the High Court. Their order is routinely challenged at the High Courts and stays obtained. The courts being overburdened with cases are least bothered to hear and dispose oI the stay petitions expeditiously. "Aon Banking Financial Companies"
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The lay depositor is an unsecured creditor; he is entitled to immediate relieI iI the company deIaults. This can be provided by compulsory insurance oI his deposit. Bank deposits are automatically insured up to Rs. 1 Lakh per account. Moreover, as an added protection to depositors, the Finance Minister has declared in Parliament that no public sector bank will be liquidated. Why cannot the RBI make it mandatory Ior NBFCs too to insure the deposits taken by them and issue certiIicates oI insurance along with the deposit receipts? II this were done, in the event oI deIault, all that the depositor has to do is to approach the insurance company and claim his deposit and expeditious remedy and merits incorporation in the bill. With the opening oI the insurance business to the private sector, insurance oI NBFC deposits should not pose any problem. The insurance premium could be allowed as tax deductible expenditure in the company's assessments. For the Iirst time, the bill provides Ior a Iirst charge on the company's assets to the depositor. However, in practice, this will be no solace to the depositor. For, the `Iirst charge' is available only upon deIault. Further, the charge is not on the entire assets. It is on a maximum oI 25 per cent oI the total value oI deposits taken which the company is supposed to hold in unencumbered term deposits/approved securities. Realization oI the charged assets, upon an order oI the CLB, is another exercise altogether. All in all, the charge provision in the bill, though innovative, does not inspire conIidence. The Finance Ministry would do well to review this bill in the light oI these comments and make it more investor Iriendly as the avowed objective oI the new legislation is to protect the interests oI depositors. The Supreme Court has time and again ruled that death sentences should be pronounced only in the rarest oI rare cases. Perhaps, the RBI should extend this dictum to corporate as well and reIrain Irom Iiling liquidation petitions against Iailed NBFCs. "Aon Banking Financial Companies"
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NORMS for NBFCS. In public interest and to regulate the credit system in the best interest oI India, the RBI has laid down the Iollowing important norms or rules to be Iollowed by NBFCs accepting public deposits: (1) What constitutes public deposits? Public deposit includes Iixed or recurring deposits which are received Irom Iriends, relative, shareholders oI a public limited company and money raised in issued oI unsecured debentures or bond. It does not include money raised Irom issue oI secured debentures and bond or Irom borrowings oI banks or Iinancial institutions, deposits Irom directors or inter- corporate deposits received Irom Ioreign national citizens and Irom shareholders oI private limited companies. () Who is allowed to accept deposits from public? The NBFCs which have net owned capital oI less than Rs. 25 Lakh will not be permitted to accept deposit Irom public. In order to raise Iunds the NBFC can borrow Irom some other sources also. (3) NBFCs have to submit financial statements: All NBFCs will have tosubmit their annual Iinancial statements and returns iI they accept public deposits. (4) Certain deposits are not regulated by RBI: The RBI has given directions to NBFCs accepting public deposits to regulate the amount oI deposit, rate oI interest, time period oI deposits, brokerage and borrowings received by them. The directions do not include amount received or "Aon Banking Financial Companies"
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generated by central bank or state government. Amount received Irom IDBI, ICICI Nabard, Electricity Board and IFCI are also not included in directions oI RBI. Amount received Irom mutual Iunds, directors oI Iirm and shareholders also do not come under the category oI amount received Ior regulation Irom RBI. (5) Ceiling (limits on interest): There is a maximum limit on the rate oI interest oI deposits. The limit charges with the RBI directions. (6) Period of deposits: The deposits can be accepted Ior a minimum period oI 12 months and a maximum period oI 2 year. (7) Register of depositors: The NBFCs have to maintain a register oI depositors with details like name, address, amount, date oI each deposit, maturity period and other details according to the required by RBI. (8) Credit rating: To protect the public NBFCs are required to get themselves approved by the RBI through credit rating agencies. The NBFCs which have not owned Iunds oI Rs 25 Lakhs can obtain public deposits iI they are credit rated and they receive a minimum investment grade Ior their Iixed deposits Irom an approved rating agency.
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The NBFCs have to submit this diIIerent agency is as Iollow: O The credit analysis and Research Limited (CARE) gives the minimum rating oI BBB in triple B rating. O The investment inIormation and credit Rating Agency oI India LTD. (ICRA) gives the minimum rating oI (MA-) O The Credit Rating InIormation Services oI India Ltd. (CRISIL) and gives a minimum rating oI (FA-). O FITCH Rating India Pvt. Ltd. Provides (BBB-) as its acceptable rating. II the credit rating is below the minimum investment grate the NBFCs has to send report to the RBI within 15 days oI received the grating. During that time the NBFC has to stop accepted the deposits and within 3 years makes the repayment to the depositors.
RBI deposit norms for small NBFCs.
The RBI has tightened the rules governing access to such public deposits. It said that NBFCs with a net owned Iund (NoF) oI between Rs 25 Lakh and Rs 2 crore, must limit their public deposits to the level oI their net owned Iunds as against the current ceiling oI 1.5 times the net owned Iunds. Further, Ior those companies (with NoF oI between Rs 25 Lakh and Rs 2 crore) that had a capital adequacy ratio oI 12 and who enjoyed credit rating, the current ceiling oI 4 times the NoF was being revised to 1.5 times the NoF. As per RBI statistics, there were 243 companies in 2007 that would probably be aIIected by this regulation. Their net owned Iunds were oI the order oI Rs 171 crore while the public deposits that they held were about Rs 96 crore. This category oI companies constitutes a big chunk in the total category oI NBFCs taking deposits that number about 359. "Aon Banking Financial Companies"
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In terms oI amount oI deposits involved, this category oI NBFCs is a very small category. Total public deposits oI all NBFCs with access to such deposits were oI the order oI Rs 2042 crore in 2007.
These regulations are part oI the RBI`s move to ensure that NBFCs who accept deposits are adequately capitalized and have some minimum net owned Iunds.
Mr. T.T.Srinivasaraghavan, Managing Director, Sundaram Finance, said that this regulation had adopted a Iair approach to the issue oI dealing with risks involved in smaller companies accepting deposits. He said the regulation met the aspirations oI those small companies as it would now take the pressure oII them when they were scrambling Ior capital to reach the minimum NoF limits. It would also Iorce them to live within their means, by limiting their access to public deposits.
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The current status of Non- Banking Financial Companies. O PRUDENTIAL NORMS: The Reserve Bank put in place in January 1998 a new regulatory Iramework involving prescription oI prudential norms Ior NBFCs which deposits are taking to ensure that these NBFCs Iunction on sound and healthy lines. Regulatory and supervisory attention was Iocused on the deposit taking NBFCs` (NBFCs D) so as to enable the Reserve Bank to discharge its responsibilities to protect the interests oI the depositors. NBFCs - D are subjected to certain bank like prudential regulations on various aspects such as income recognition, asset classiIication and provisioning; capital adequacy; prudential exposure limits and accounting / disclosure requirements. However, the non-deposit taking NBFCs` (NBFCs ND) are subject to minimal regulation. The application oI the prudential guidelines / limits is thus not uniIorm across the banking and NBFC sectors and within the NBFC sector. There are distinct diIIerences in the application oI the prudential guidelines / norms as discussed below: i) Banks are subject to income recognition, asset classiIication and provisioning norms; capital adequacy norms; single and group borrower limits; prudential limits on capital market exposures; classiIication and valuation norms Ior the investment portIolio; CRR / SLR requirements; accounting and disclosure norms and supervisory reporting requirements. ii) NBFCs D are subject to similar norms as banks except CRR requirements and prudential limits on capital market exposures. However, even where applicable, the norms apply at a rigour lesser than those applicable to banks. "Aon Banking Financial Companies"
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Certain restrictions apply to the investments by NBFCs D in land and buildings and unquoted shares. iii) Capital adequacy norms; CRR / SLR requirements; single and group borrower limits; prudential limits on capital market exposures; and the restrictions on investments in land and building and unquoted shares are not applicable to NBFCs ND. iv) &nsecured borrowing by companies is regulated by the Rules made under the Companies Act. Though NBFCs come under the purview oI the Companies Act, they are exempted Irom the above Rules since they come under RBI regulation under the Reserve Bank oI India Act. While in the case oI NBFCs D, their borrowing capacity is limited to a certain extent by the CRAR norm, there are no restrictions on the extent to which NBFCs ND may leverage, even though they are in the Iinancial services sector.
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Current Status: Financial Linkages between Banks and NBFC: Banks and NBFCs compete Ior some similar kinds oI business on the asset side. NBFCs oIIer products/services which include leasing and hire-purchase, corporate loans, investment in non-convertible debentures, IPO Iunding, margin Iunding, small ticket loans, venture capital, etc. However NBFCs do not provide operating account Iacilities like savings and current deposits, cash credits, overdraIts etc. NBFCs avail oI bank Iinance Ior their operations as advances or by way oI banks` subscription to debentures and commercial paper issued by them. Since both the banks and NBFCs are seen to be competing Ior increasingly similar types oI some business, especially on the assets side, and since their regulatory and cost-incentive structures are not identical it is necessary to establish certain checks and balances to ensure that the banks` depositors are not indirectly exposed to the risks oI a diIIerent cost-incentive structure. Hence, Iollowing restrictions have been placed on the activities oI NBFCs which banks may Iinance: i) Bills discounted / rediscounted by NBFCs, except Ior rediscounting oI bills discounted by NBFCs arising Irom the sale oI a) Commercial vehicles (including light commercial vehicles); and b) Two-wheeler and three-wheeler vehicles, subject to certain conditions; c) Investments oI NBFCs both oI current and long term nature, in any company/entity by way oI shares, debentures, etc. with certain exemptions; ii) &nsecured loans/inter-corporate deposits by NBFCs to/in any company. "Aon Banking Financial Companies"
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iii) All types oI loans/advances by NBFCs to their subsidiaries, group companies/entities. iv) Finance to NBFCs Ior Iurther lending to individuals Ior subscribing to Initial Public OIIerings (IPOs). v) Bridge loans oI any nature, or interim Iinance against capital/debenture issues and/or in the Iorm oI loans oI a bridging nature pending raising oI long-term Iunds Irom the market by way oI capital, deposits, etc. to all categories oI Non-Banking Financial Companies, i.e. equipment leasing and hire-purchase Iinance companies, loan and investment companies, Residuary Non-Banking Companies (RNBCs). vi) Should not enter into lease agreements departmentally with equipment leasing companies as well as other Non-Banking Financial Companies engaged in equipment leasing.
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Current Status: Structural Linkages between Banks and NBFCs: Banks and NBFCs operating in the country are owned and established by entities in the private sector (both domestic and Ioreign), and the public sector. Some oI the NBFCs are subsidiaries/ associates/ joint ventures oI banks including Ioreign banks, which may or may not have a physical operational presence in the country. There has been increasing interest in the recent past in setting up NBFCs in general and by banks, in particular. Investment by a bank in a Iinancial services company should not exceed 10 per cent oI the bank`s paid-up share capital and reserves and the investments in all such companies, Iinancial institutions, stock and other exchanges put together should not exceed 20 per cent oI the bank`s paid-up share capital and reserves. Banks in India are required to obtain the prior approval oI the concerned regulatory department oI the Reserve Bank beIore being granted CertiIicate oI Registration Ior establishing an NBFC and Ior making a strategic investment in an NBFC in India. However, Ioreign entities, including the head oIIices oI Ioreign banks having branches in India may, under the automatic route Ior FDI, commence the business oI NBFI aIter obtaining a CertiIicate oI Registration Irom the Reserve Bank. NBFCs can undertake activities that are not permitted to be undertaken by banks or which the banks are permitted to undertake in a restricted manner, Ior example, Iinancing oI acquisitions and mergers, capital market activities, etc. The diIIerences in the level oI regulation oI the banks and NBFCs, which are undertaking some similar activities, gives rise to considerable scope Ior regulatory "Aon Banking Financial Companies"
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arbitrage. Hence, routing oI transactions through NBFCs would tantamount to undermining banking regulation. This is partially addressed in the case oI NBFCs that are a part oI banking group on account oI prudential norms applicable Ior banking groups.
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CURRENT NEWS. 1) MAT changes will hit NBFCs. Tuesday, September 1, 009 The Direct Taxes Code (DTC) is slowly being put to deeper scrutiny. As is always the case, some oI the changes may be ushered in with good intention, but inept draIting leaves the door open Ior needless litigation. The newly craIted Minimum Alternate Tax (MAT) is a case in point. Ever since Rajiv Gandhi unleashed the book proIits tax on India Inc. in 1987, it has generated controversies galore and kept all the courts busy interpreting the intention and scope oI the provision. At present, MAT is applicable to corporate at 15 per cent on published proIits. The nominal tax rate Ior the corporate sector is 33.99 per cent and the eIIective rate aIter all deductions/concessions stands at around 22.22 per cent. MAT computation MAT, despite the controversy surrounding its existence, has lived by the year Ior now 22 years and promises to open a new chapter Irom April 1, 2011. The mechanics, as per the DTC, is simple. MAT will now be 2 per cent oI the value oI gross assets as against 15 per cent on proIits. For this purpose the value oI gross assets would be computed as shown in the Table. It may be noted that even business assets such as sundry debtors, loans and advances will now Iorm part oI the computation oI gross assets Ior the purpose oI the levy. "Aon Banking Financial Companies"
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Further, while in the vertical Iorm oI the balance sheet the current assets are disclosed net oI current liabilities, the proposed MAT computation mechanism does not envisage a reduction oI current liabilities Irom current assets. This also leads to an anomalous situation where a company has to pay MAT on the amount oI deIerred tax asset, iI it appears in the balance sheet oI a company. The rate oI MAT is proposed to be 0.25 per cent in the case oI banking companies and 2 per cent in the case oI all other companies, including Ioreign companies. This is clearly a hardship Ior Non-Banking Financial Companies (NBFCs) where 70-75 per cent oI the assets in the balance-sheet constitute loans and advances, stock on hire and business receivables. There does not appear to be any justiIication in levying 2 per cent MAT on business assets, which in any case yield income on monthly basis liable to corporate tax at 33.99 per cent (proposed to be reduced to 25 per cent by the DTC). In the case oI several large NBFCs, 2 per cent MAT on gross assets would be Iar greater than 25 per cent on taxable income. To make matters worse, MAT will now represent a Iinal tax and will not be allowed to be carried Iorward Ior claiming tax credit in subsequent years. Not only this, certain companies, will receive an additional blow Ior example, those in gestation period; having negative net worth because oI huge accumulated losses; having book losses in the current year; having low asset-turnover ratio low net proIit ratio; and those earning mainly exempt income. Change in concept: The justiIication Ior re-jigging MAT is that several countries have adopted a tax based on a percentage oI assets. The concept oI MAT when it Iirst originated in 1987 was completely diIIerent Irom what is proposed in the DTC. "Aon Banking Financial Companies"
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The economic rationale oI 'assets-based tax is that it serves as an incentive Ior eIIiciency. II that be so then the normal tax itselI should serve the purpose. Any sort oI tax that departs Irom the mainstream route oI linkage with income/proIits is bound to be litigious. Added to that is the discrimination between banking companies and other companies on the rate oI tax. Some serious rethinking is required on the proposed MAT in the DTC.
) NBFCs Posted on 19 September 008 by Sara 1ain close Author: Sara 1ain:- A non-banking Iinancial company (NBFC) is a company registered under the Companies Act, 1956 and is engaged in the business oI loans and advances, acquisition oI shares/stock/bonds/debentures/securities issued by government or local authority or other securities oI like marketable nature, leasing, hire-purchase, insurance business, chit business, but does not include any institution whose principal business is that oI agriculture activity, industrial activity, sale/purchase/construction oI immovable property. Major difference between Banks & NBFCs NBFCs are doing Iunctions akin to that oI banks; however there are a Iew diIIerences: A NBFC cannot accept demand deposits (demand deposits are Iunds deposited at a depository institution that are payable on demand immediately or within a very short period like your current or savings accounts). "Aon Banking Financial Companies"
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It is not a part oI the payment and settlement system and as such cannot issue cheque to its customers. Deposit insurance Iacility oI DICGC is not available Ior NBFC depositors unlike in case oI banks. The important regulations relating to acceptance of deposits by NBFCs are as follows: The NBFCs are allowed to accept/renew public deposits Ior a minimum period oI 12 months and maximum period oI 60 months. They cannot accept deposits repayable on demand. NBFCs cannot oIIer interest rates higher than the ceiling rate prescribed by RBI Irom time to time. The present ceiling is 11 per cent per annum. The interest may be paid or compounded at rests not shorter than monthly rests. NBFCs cannot oIIer giIts/incentives or any other additional beneIit to the depositors. NBFCs (except certain AFCs) should have minimum investment grade credit rating. The deposits with NBFCs are not insured. The repayment oI deposits by NBFCs is not guaranteed by RBI. There are certain mandatory disclosures about the company in the Application Form issued by the company soliciting deposits. Non-banking Iinancial companies (NBFCs) have seen considerable business model shiIt over last decade because oI regulatory environment and market dynamics. "Aon Banking Financial Companies"
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In the early 2000s, the NBFC sector in our country was Iacing Iollowing problems: High cost oI Iunds.
Slow industrial growth.
StiII competition with NBFCs as well as with banking sector.
Small balance sheet size resulting in high cost oI Iund and low asset proIile.
3) On AM ET advertisement: (Start September 3, 009 4:488.) Reserve Bank oI India's (RBI) latest guideline allowing non-banking Iinance companies (NBFC) to issue semi-closed system pre-paid payment instruments will boost the growth oI m-commerce in India. Industry sources estimate that, in the next 3 years, India could have 25 mn m-commerce users up Irom the current 5 mn. The industry currently stands at a market size oI $10bn. "The new guideline will increase the reach oI the services to the people at the bottom oI pyramid. Now, people not having any bank account could pay their utility bill by electronic transIer. We expect a Iive Iold increase in number oI people using m-commerce services," said Anil Gajwani, Senior Vice President - Technology, Comviva Technologies. AIter the new guideline, entry oI a Iew NBFC MNCs into the segment could not be denied. However, the most viable business plan would be Ior telecom operators, as the guidelines will allow them to operate as a pre-paid payment instrument as well. "Aon Banking Financial Companies"
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Considering the reach oI the telcos, in urban, rural and semi-urban areas, their entry will increase the penetration oI the services among the masses. Further, these telecom operators already have a large network oI agents, who are selling pre-paid recharge coupon to the end customer. As per industry estimate every service provider has around 50,000 such agents. Telcos could use these existing agents Ior m-commerce as well. "This will certainly bring more people into the eco-system. Even people not having any bank account would be able to do some basic Iinancial transaction," said Probir Roy, Co-Iounder and MD oI Pay mate. Pay mate has currently halI a million users in the country. The company expects to grow maniIold, in terms oI the users, by the end oI current FY. However, the new guidelines still have some bottlenecks, which the industry people wanted to be removed. RBI restricts the maximum value oI such payment instruments that can be issued by the institutions/companies to Rs 5,000. Further, these pre-paid payment instruments up to Rs 5,000 can be issued by accepting any 'oIIicially valid documents' deIined under Rule 2(d) oI Prevention oI Money Laundering Act, as prooI oI identity. Such instruments shall not permit cash withdrawal. The utility bills/essential services shall include only electricity bills, water bills, telephone/mobile phone bills, and insurance premium, cooking gas payments, ISP Ior Internet/broadband connections, cable/DTH subscriptions and citizen services by government or government bodies.
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4) Invest in only top 15 NBFCs to play safe. (On September 3, 009 4:488) NIVEDITA MOOKER1I Investors once again Iaced disappointment with Kuber Finance deIaulting on payments. Although there have been several deIaults in the past couple oI years, the Kuber Iiasco brought back memories oI the CRB scam in 1997. AIter the CRB letdown, one thought investors were going to stay away Irom non-banking Iinance companies (NBFCs) Ior a long time to come. But the temptation to earn high returns was hard to resist, and investors burnt their Iingers again. But why don't investors learn Irom others' experiences? What is it that draws them to NBFCs? Sheer Singh, banking and consumer analyst, Consult Opportune (India's Iirst consumer banking advisory service), explains why investors are still opting Ior NBFCs. Says Singh, ``the lure oI earning returns, which are signiIicantly higher than what banks oIIer, is one oI the reasons.'' Seen against the backdrop oI dismal stock market perIormance over the past Iew years, it becomes quite clear why people still invest in NBFCs, he says. Lack oI suIIicient investment alternatives is also why investors are drawn to NBFCs, says Singh. Giving a consumer point oI view, Singh says that through NBFC investments, people seek returns to hedge against inIlation. Plus, it is seen as a way to earn income to Iinance the growing consumerist urge. And more than anything else, high returns promised by some NBFCs seem to IulIill investors' desire to make a Iast buck. In such a scenario, sound guidelines may help investors in opting Ior the reliable NBFCs. Sheer Singh oIIers guidelines which have been Iormulated by Consult "Aon Banking Financial Companies"
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Opportune. The things to look Ior while investing in NBFCs, according to Consult Opportune, are: a) Deposits oI NBFCs must have an adequate rating by one oI the credit rating agencies in India. b) PreIerably invest in deposits oI only the top 10-15 NBFCs in India. c) Review halI-yearly Iactors such as credentials, market standing, and proIessionalism oI management and promoters track record oI such NBFCs. d) Take a close and critical look at the Iinancing activities oI such NBFCs to decipher their long run viability. e) Beware oI glossy and misleading advertisements. I) Avoid any NBFC oIIering unusually high interest rates which seem `signiIicantly higher' than prevalent rates oIIered by banks on similar maturity periods. g) Must preIer an NBFC with a nationwide network and more oriented towards retail/ consumer Iinance activities due to signiIicantly lower deIault rates Apart Irom these dos and don'ts, the Reserve Bank oI India also oIIers a good data bank oI the NBFCs which may be trusted. Particularly its website at www.rbi.org. in has a list oI over 500 NBFCs all over India which are authorized by the RBI to accept public deposits. Similarly, the site also gives out the names oI hundreds oI NBFCs which have been denied registration. Also, there's substantial inIormation on RBI rules and notiIications in the subject Overall and valuable source oI inIormation and assessment regarding investment in NBFCs. Such an inIormation base could sometimes prompt investors to even look Ior alternatives. "Aon Banking Financial Companies"
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Talking about alternatives, Sheer Singh says that private sector banks rapidly expanding their branch network in urban centers oI India may emerge as preIerred alternatives to those NBFCs which are not among the top 20 in India. He adds that high quality service being oIIered by new private sector banks; beeIing up oI service and product levels by public sector banks; and expansion oI networks and product lines oI the top NBFCs should oIIer investors other alternatives. On the Iuture oI NBFCs, Singh says: ``we Ioresee a bright Iuture Ior the top 20 NBFCs in India.'' But it's not going to be a cakewalk. Says Singh: ``Considering that in the Iuture consumer-led growth rather than institutional-led growth would be the trend, top NBFCs which Iocus on retail lending predominantly can substantially leverage their networks to oIIer similar lending products oIIered by banks.'' The Iocus has to be on marketing and service initiatives, he adds. And the mantra Ior success: Offer cut-throat competition to banks.
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List of Non-Banking Financial Companies:
A. R. T. LEASING PRIVATE LIMITED. 144, M.C.ROAD, CHENGANN&R. ALAP&HA DISTRICT KERALA ADOR FINANCE LTD. ADOR HO&SE, 6 K D&BASH MARG M&MBAI - 400 023
AL BARR FINANCE HO&SE LTD (FORMERLY KNOWN AS ALBARAKA FINANCE HO&SE LIMITED), INDIA HO&SE NO. 2, KEMPS CORNER, M&MBAI 400 036. AD-MAN&M FINANCE LTD 5, YESHWANT COLONY, INDORE 452 003 (MP) ADAYAR FINANCE & LEASING LTD., 208, BHARATHI SALAI, ROYAPETTAH, CHENNAI 600 014 ALPIC FINANCE LTD., NEW EXCELSIOR BLDG., 6TH FLOOR, WALLACE STREET, FORT, M&MBAI - 400 001
ALTA LEASING & FINANCE LTD. ALTA BHAVAN, 532, SENAPATI BAPAT MARG DADAR, M&MBAI - 400 028 ANMOL FINANCIAL SERVICES LTD A -66, IST FLOOR, G&R& NANAK P&RA , VIKAS MARG, DELHI - 110092 "Aon Banking Financial Companies"
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ANNA FINANCE LIMITED 16 B/9, DEV NAGAR, D.B. G&PTA ROAD, KAROL BAGH,
ABIRAMI FINANCIAL SERVICES (INDIA) LTD 157, HABIB&LLAH ROAD, T. NAGAR, CHENNAI - 600 017 AMARPREET FINANCE PVT. LTD., 182, NEW JAWAHAR NAGAR, JALANDHR. ANNA FINANCE LIMITED 16 B/9, DEV NAGAR, D.B. G&PTA ROAD, KAROL BAGH, NEW DELHI -110005
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Conclusion: NBFCs are gaining momentum in last Iew decades with wide variety oI products and services. NBFCs collect public Iunds and provide loan able Iunds. There has been signiIicant increase in such companies since 1990s. They are playing a vital role in the development Iinancial system oI our country. The banking sector is Iinancing only 40 per cent to the trading sector and rest is coming Irom the NBFC and private money lenders. At the same line 50 per cent oI the credit requirement oI the manuIacturing is provided by NBFCs. 65 per cent oI the private construction activities was also Iinanced by NBFCs. Now they are also Iinancing second hand vehicles. NBFCs can play a signiIicant role in channelizing the remittance Irom abroad to states such as Gujarat and Kerala. NBFCs in India have become prominent in a wide range oI activities like hire purchase Iinance, equipment lease Iinance, loans, investments, and so on. NBFCs have greater reach and Ilexibility in tapping resources. In desperate times, NBFCs could survive owing to their aggressive character and customized services. NBFCs are doing more Iee-based business than Iund based. They are Iocusing now on retailing sector-housing Iinance, personal loans, and marketing oI insurance. Many oI the NBFCs have ventured into the domain oI mutual Iunds and insurance. NBFCs undertake both liIe and general insurance business as joint venture participants in insurance companies. The strong NBFCs have successIully emerged as Financial Institutions` in short span oI time and are in the process oI converting themselves into Financial Super Market`. The NBFCs are taking initiatives to establish a selI-regulatory organization (SRO). At present, NBFCs are represented by the Association oI Leasing and Financial Services (ALFS), Federation oI India Hire Purchase Association (FIHPA) and Equipment Leasing Association oI India (ELA). The Reserve Bank wants these three industry bodies to come together "Aon Banking Financial Companies"
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under one rooI. The Reserve Bank has emphasis on Iormation oI SRO Particularly Ior the beneIit oI smaller NBFCs.