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Non Banking Financial Companies

A Project Report on
Documentation for Financial Service
Of
NBFC

SUBMITTED BY

Exam No Name
01

Anand Aarti

02

Desai Gunjan

SUBMITTED TO:-

Prof. Mittal Dattani

MBA (FS) SEM IV

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Non Banking Financial Companies

GANPAT UNIVERSITY
Center for Management Studies

Ahmadabad

PREFACE
This Project Report has been prepared in partial fulfillment of the requirement for the Subject:
Project (Financial Services) of the Semester IV in the Semester 2015.
For preparing the Project Report, The blend of learning and knowledge acquired during our
practical studies at the company is presented in this Project Report.
Our main focus and study was on NBFC Companies.
We have put up my best efforts and enumerated every possible information while collecting
secondary data.
Lastly, we have tried our level best to prepare the best informative report.

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ACKNOWLEDGEMENT

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It was indeed an opportunity for us to do research study on NBFC Companies. To Prepare a
Project Report on the same during Semester IV. During our Research study preparation, we
learnt many interesting things about the Research, along with the aspects of its process and as a
whole.
We would here by take this opportunity to show our gratitude towards all our faculties for what
we have learnt during Research Study. A good response, explanation of concepts and cooperation given by whole staff helped us in gaining knowledge and solving our queries..
I feel immense pleasure to thank prof. Mittal Duttani, C.M.S. Ganpat University. For making
available all faculties in fulfil the requirements for the research report.

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TABLE OF CONTENTS FOR PROJECT REPORT

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Particular

Page
No.

Title Page
1

Chapter-1

Introduction

Chapter-2

History

10

Chapter-3

13

About NBFC

14

Chapter-4

30

Function Of NBFC

31

Chapter-5

73

Conclusion

74

Chapter-6

76

Bibliography

77

SEM IV
7MBA (FS)
Chapter-7

NBFC Forms & Loans Forms

78 Page 6

Non Banking Financial Companies

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INTRODUCTION:

We studied about banks, apart from banks the Indian Financial System has a large
number of privately owned, decentralized and small sized financial institutions
known as Non-banking financial companies. In recent times, the non-financial
companies (NBFCs) have contributed to the Indian economic growth by providing
deposit facilities and specialized credit to certain segments of 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 financial services like hire-purchase, leasing, loans, investments,


chit-fund companies etc. NBFCs can be classified 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 offer attractive
rate of return. They are fund based as well as service oriented companies. Their
main companies are banks and financial institutions. According to RBI Act 1934,
it is compulsory to register the NBFCs with the Reserve Bank of India.
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The NBFCs in advanced countries have grown significantly 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 of finance companies. NBFCs are
heterogeneous group of finance companies means all NBFCs provide different
types of financial services.

Non-Banking Financial Companies constitute an important segment of the


financial system. NBFCs are the intermediaries engaged in the business of
accepting deposits and delivering credit. They play very crucial role in
channelizing the scare financial resources to capital formation.

NBFCs supplement the role of the banking sector in meeting the increasing
financial need of the corporate sector, delivering credit to the unorganized sector
and to small local borrowers. NBFCs have more flexible structure than banks. As
compared to banks, they can take quick decisions, assume greater risks and tailormake their services and charge according to the needs of the clients. Their
flexible structure helps in broadening the market by providing the saver and
investor a bundle of services on a competitive basis.

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Non Banking Finance Companies (NBFCs) are a constituent of the institutional
structure of the organized financial system in India. The Financial System of any
country consists of financial Markets, financial intermediation and financial
instruments or financial products. All these Items facilitate transfer of funds and
are not always mutually exclusive. Inter-relationships Between these are parts of
the system e.g. Financial Institutions operate in financial markets and are,
therefore, a part of such markets.

NBFCs at present providing financial services partly fee based and partly fund
based. Their fee based services include portfolio management, issue management,
loan syndication, merger and acquisition, credit rating etc. their asset based
activities include venture capital financing, housing finance, equipment leasing,
hire purchase financing factoring etc. In short they are now providing variety of
services. NBFCs differ widely in their ownership: Some are subsidiaries of large
Manufacturers (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
financial services. Other financial institutions are IFCIs IFCI Financial Services
Ltd or IFCI Custodial Services Ltd (Devdas, 2005).
Non-banking Financial Institutions carry out financing activities but their
resources are not directly obtained from the savers as debt. Instead, these
Institutions mobilize the public savings for rendering other financial services
including investment. All such Institutions are financial intermediaries and when
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they lend, they are known as Non-Banking Financial Intermediaries (NBFIs) or
Investment Institutions.
The term Finance is often understood as being equivalent to money. However,
final exactly is not money; it is the source of providing funds for a particular
activity. The word system, in the term financial system, implies a set of complex
and closely connected or inter-linked Institutions, agents, practices, markets,
transactions, claims, and liabilities in the Economy. The financial system is
concerned about money, credit and finance. The three terms are intimately related
yet are somewhat different from each other:

Money refers to the current medium of exchange or means of payment.


Credit or loans is a sum of money to be returned, normally with interest; it
refers to a debt
Finance is monetary resources comprising debt and ownership funds of the
state, company or person.

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HISTORICAL BACKGROUND.
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The Reserve Bank of 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 financial institutions. It was observed that the
existing legislative and regulatory framework required further refinement and
improvement because of the rising number of defaulting NBFCs and the need for
an efficient and quick system for Redressal of grievances of individual depositors.
Given the need for continued existence and growth of NBFCs, the need to develop
a framework of prudential legislations and a supervisory system was felt especially
to encourage the growth of healthy NBFCs and weed out the inefficient ones. With
a view to review the existing framework and address these shortcomings, various
committees were formed and reports were submitted by them.

Some of the

committees and its recommendations are given hereunder:

1. James Raj Committee (1974)

The James Raj Committee was constituted by the Reserve Bank of India in 1974.
After studying the various money circulation schemes which were floated in the
country during that time and taking into consideration the impact of such schemes
on the economy, the Committee after extensive research and analysis had
suggested for a ban on Prize chit and other schemes which were causing a great

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loss to the economy. Based on these suggestions, the Prize Chits and Money
Circulation Schemes (Banning) Act, 1978 was enacted

2. Dr.A.C.Shah Committee (1992):

The Working Group on Financial Companies constituted in April 1992 i.e. the
Shah Committee set out the agenda for reforms in the NBFC sector. This
committee made wide ranging recommendations covering, inter-alia entry point
norms, compulsory registration of large sized NBFCs, prescription of prudential
norms for NBFCs on the lines of banks, stipulation of credit rating for acceptance
of public deposits and more statutory powers to Reserve Bank for better regulation
of NBFCs.

3. Khan Committee (1995)

This Group was set up with the objective of designing a comprehensive and
effective supervisory framework for the non-banking companies segment of the
financial system. The important recommendations of this committee are as
follows:
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i.

Introduction of a supervisory rating system for the registered NBFCs. The


ratings assigned to NBFCs would primarily be the tool for triggering on-site

ii.

inspections at various intervals.


Supervisory attention and focus of the Reserve Bank to be directed in a
comprehensive manner only to those NBFCs having net owned funds of
Rs.100 laths and above.

iii.

Supervision over unregistered NBFCs to be exercised through the off-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 for co-coordinating the on-site inspection


of the NBFCs by the Reserve Bank in tandem with other regulatory
authorities so that they were subjected to one-shot examination by different
regulatory authorities.

v.

Some

of

the

non-banking

non-financial

companies

like

industrial/manufacturing units were also undertaking financial activities


including acceptance of deposits, investment operations, leasing etc to a
great extent. The committee stressed the need for identifying an appropriate
authority to regulate the activities of these companies, including plantation
and animal husbandry companies not falling under the regulatory control of
Either Department of Company Affairs or the Reserve Bank, as far as their
mobilization of public deposit was concerned.

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vi.

Introduction of a system whereby the names of the NBFCs which had not
complied with the regulatory framework / directions of the Bank or had
failed to submit the prescribed returns consecutively for two years could be
published in regional newspapers.

4. Narasimhan Committee (1991)

This committee was formed to examine all aspects relating to the structure,
organization & functioning of the financial system.

These were the committees which founded non- banking financial companies.

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NON-BANKING FINANCIAL COMPANY (NBFC)

-MEANING

Non-Banking Financial Companies (NBFCs) play a vital role in the context of


Indian Economy. They are indispensible part in the Indian financial system
because they supplement the activities of banks in terms of deposit mobilization
and lending. They play a very important role by providing finance 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 for a well-established and healthy non-banking financial
sector.

Non-Banking Financial Company (NBFC) is a company registered under the


Companies Act, 1956 and is engaged in the business of loans and advances,
acquisition of shares/stock/bonds/debentures/securities issued by Government
or local authority or other securities of like marketable nature, leasing, hirepurchase, insurance business, chit business but does not include any institution
whose principal business is that of agriculture activity, industrial activity,
sale/purchase/construction of immovable property.

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Non-banking institution which is a company and which has its principal business
of receiving deposits under any scheme of arrangement or any other manner,
or lending in any manner is also a non- banking financial company.

DEFINITIONS OF NBFC.

Non-Banking Financial Company has been defined as:


(i)

A non-banking institution, which is a company and which has its principal


business the receiving of deposits under any scheme or lending in any
manner.

(ii) Such other non-banking institutions, as the bank may with the previous
approval of the central government and by notification in the official
gazette, specify.
NBFCS provide a range of services such as hire purchase finance, equipment
lease finance, loans, and investments. NBFCS have raised large amount of
resources through deposits from public, shareholders, directors, and other
companies and borrowing by issue of non-convertible debentures, and so on.
Non-banking Financial Institutions carry out financing activities but their
resources are not directly obtained from the savers as debt. Instead, these
Institutions mobilize the public savings for rendering other financial services
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including investment. All such Institutions are financial intermediaries and when
they lend, they are known as Non-Banking Financial Intermediaries (NBFIs) or
Investment Institutions:

UNIT TRUST OF INDIA.


LIFE INSURANCE CORPORATION (LIC).
GENERAL INSURANCE CORPORATION (GIC).

Factors contributing to the Growth of NBFCs:


According to A.C. Shah Committee, a number of factors have contributed to the
growth of NBFCs. Comprehensive regulation of the banking system and absence
or relatively lower degree of regulation over NBFCs has been one of the main
reasons for their growth. During recent years regulation over their activities has
been strengthened, as see a little later.
The merit of non-banking finance companies lies in the higher level of 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 of those borrowers who remain
outside the purview of the commercial banks as a result of the monetary and credit
policy of RBI. In addition, marginally higher rates of interest on deposits offered
by NBFCs also attract a large number of depositors
Regulation of NBFCs

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In 1960s, the Reserve Bank made an attempt to regulate NBFCs by issuing
directions to the maximum amount of deposits, the period of deposits and rate of
interest they could offer on the deposits accepted. Norms were laid down
regarding maintenance of certain percentage of liquid assets, creation of reserve
funds, and transfer thereto every year a certain percentage of profit, and so on.
These directions and norms were revised and amended from 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
for every NBFC to obtain a certificate of registration and have minimum net
owned funds. Ceilings were prescribed for acceptance of deposits, capital
adequacy, credit rating and net-owned funds. 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 of Directors and shareholders of
the NBFCs.

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CLASSIFICATION OF NBFCs:

This classification is in addition to the present classification of NBFCs into


deposit-taking and Non-deposit-taking NBFCs. Depending on the nature their
major activity, the non-banking financial companies can be classified into the
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following categories, they are:

(1) Equipment leasing companies.


(2) Hire-purchase finance companies.
(3) Housing finance-companies.
(4) Investments companies.
(5) Loan companies.
(6) Mutual Fund Benefit Companies.
(7) Chit fund companies.
(8) Residuary companies.

Equipment Leasing Company:

(a)

Equipment leasing company means any company which is carrying on the


activity of leasing of equipment, as its main business, or the financing of
such activity.

(b)

The leasing business takes place of a contract between the lessor (lessor
means the leasing company) and the lessee (lessee means a borrower).

(c)

Under leasing of equipment business a lessee is allowed to use particular


capital equipment, as a hire, against a payments of a monthly rent.

(d)

Hence, the lessee does not purchase the capital equipment, but he buys the

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right to use it.
(e)

There are two types of leasing arrangements, they are:

(i)

Operating leasing: In operating leasing the producer of capital equipment


offers his product directly to the lessee on a monthly rent basis. There is no
middleman in operating leasing.

(ii)

Finance leasing: In finance leasing, the producer of the capital equipment


sells the equipment to the leasing company, then the leasing company
leases it to the final user of the equipment. Hence, there are three parties in
finance leasing. The leasing company acts as a middleman between the
producer of equipment and the user of equipment.

Benefits/Advantages of Leasing:

(1)

100% finance:
They borrower in the equipment can get up to 100% finance for the use of
capital through leasing arrangement in the sense, that the leasing company
provides the equipment immediately and the borrower need not pay the full
amount at once. Hence, the borrower can use the amount for fulfilling other
needs such as expansion development, etc.

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(2)

Payment is easier:
Leasing finance is costlier. However, the borrower finds it convenient
(easy) as he has to pay in installments out of the return from the investment
in the equipment. Hence, the borrower does not feel the burden of payment.

(3)

Tax concessions:
The borrower can get tax concessions in case of leasing equipments. The
total amounts of rent paid on leased equipment are deducted from the gross
income. In case of immediate purchase, interest on the loan and the
depreciation are deducted from the taxable income.

Hire-purchase Finance Companies:

(a)

Hire purchase finance company means any company which is carrying on


the main business of financing, physical assets through the system of hirepurchase.

(b)

In hire-purchase, the owner of the goods hires them to another party for a
certain period and for a payment of certain installment until the other party

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owns it.
(c)

The main feature of hire-purchase is that the ownership of the goods


remains with the owner until the last installment is paid to him. The
ownership of goods passes to the user only after he pays the last installment
of goods.

(d)

Hire-purchase is needed by farmers, professionals and transport group


people to buy equipment on the basis of 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.

(f)

Generally, automobile industry needs lot hire-purchase finance.

(g)

The problem of recovery of loans does not occur in most cases, as the
borrower is able to pay back the loan out of future earnings through the
regular generation of funds out of the asset purchased.

(h)

In India, there are many individuals and partnership firms doing this
business. Even commercial banks, hire-purchase companies and state
financial corporations provide hire-purchase credit.

Housing Finance Companies:

(a)

A housing finance company means any company which is carrying on its


main business of financing the construction or acquisition of houses or

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development of land for housing purposes.
(b)

Housing finance companies also accept the deposits and lend money only
for housing purposes.

(c)

Even though there is a heavy demand for housing finance, 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 finance
companies, namely, Housing Development Corporation Ltd. and the Canfin
Homes Ltd.

(e)

All the information about the Housing finance companies is available with
the National Housing Bank. Housing finance companies also have to
compulsorily to register themselves with the Reserve Bank of India.

(f)

National Housing bank is the apex institution in the field of housing. It


promotes housing finance institutions, both on regional and local levels.

Investment Companies:
(a)

Investment company means any company which is carrying on the main


business of securities.

(b)

Investment companies in India can be broadly classified into two types:

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(1) Holding Companies:
(i) In case of large industrial groups, there are holding companies which buy
shares mainly for the purpose of taking control over another institution.
(ii) They normally purchase the shares of the institution with the aim of
controlling it rather than purchasing shares of different 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 from the public and invest them
in securities.
(iii)The main aim of investment companies is to protect small investors by
collecting their small savings and investing than in different securities so
that the risk can be spread.
(iv) An individual investor cannot do all this on his own, due to lack of
expertise in investing. Hence, investing companies are formed for
collective investing. Companies are formed for collective investments of
money, mainly of small investors.
(v) Another benefit of an investment company is that it offers trained,
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experienced and specialised management of funds.
(vi) It helps the investors to select a financially 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 of people into productive investments.
(viii)Some of the investment trusts also do underwriting, promoting and
holding company business besides financing.
(ix)These investments trusts help in the survival of business in the economy
by keeping the capital market alive, active and busy.

Loan company:

(a)

A loan company means any company whose main business is to provide


finance through loans and advances.

(b)

It does not include a hire purchase finance company or an equipment


leasing company or a housing finance company.

(c)

Loan company is also known as a Finance Company".

(d)

Loan companies have very little capital, so they depend upon public

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deposits as their main source of funds. Hence, they attract deposits by
offering high rates of interest.
(e)

Normally, the loan companies provide loans to wholesalers, retailers,


small-scale industries, self-employed people, etc.

(f)

Most of their loans are given without any security. Hence, they are risky.

(g)

Due to this reason, the loan company charges high rate of interest on its
loans. Loans are generally given for short period of time but they can be
renewed.

Mutual Benefit Financial Company:

(a)

They are the oldest form of non-banking financial companies.

(b)

A mutual benefit financial company means any company which is notified


under section 620A of the Companies Act, 1956.

(c)

It is popularly known as "Nidhis".

(d)

Usually, it is registered with only very small number of shares. The value
of the shares is often Rs. 1 only

(e)

It accepts deposits from its members and lends only to its members against

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tangible securities.

Chit-fund Companies:
History:

The chit fund schemes have a long history in the southern states of India. Rural
unorganized chit funds may still be spotted in many southern villages. However,
organized chit fund companies are now prevalent all over India. The word is Hindi
and refers to a small note or piece of something. The word passed into the British
colonial lexicon and is still used to refer to a small piece of paper, a child or
small girl

How Chit Fund Help?

Chit Funds have the advantage both for 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 from auction to auction.
The money that you borrow is against your own future contributions.

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The amount is given on personal sureties too; unlike in banks and other financial
institutions which demand a tangible security.
Chit funds can be relied upon to satisfy personal needs. Unlike other financial
institutions, you can draw upon your chit fund for any purpose - marriages,
religious functions, medical expenses, just anything...
Cost of intermediation is the lowest.

(a)

Chit funds companies are one of the oldest forms of local non-banking
financial institution in India.

(b)

They are also known as "kuries".

(c)

These institutions have originated from south India and are very popular
over there.

(d)

A chit fund organisation is an organisation of a number of people who join


together and subscribe (contribute) amounts monthly so that any members
who is in need of funds can draw the amount less expenses for conducting
the chit. It is an organisation run on co-operative basis for the benefit of the
members who contribute money, the funds 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 of profit.

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(f)

Chit funds have many defects as the rate of return given to each member is
not the same.

(g)

It differs from person to person, this leads in improper distribution of gains


and losses.

(h)

Also, the promoters of these funds do everything for their own benefit to
get maximum income.

(I)

Hence, the banking commission has made suggestions to pass uniform chit
funds laws for the whole of India.

Residuary Non-banking Companies:

(a)

The term "residue" means a small part of something that remains. As the
meaning of the term shows, a residuary company is one which does not fall
in any of the above categories.

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(b)

It generally accepts deposits by operating different schemes similar to


recurring deposit schemes of banks.

(c)

Deposits are collected from a large number of people by promising them


that their money would be invested in banks and government securities

(d)

The collection of deposits is done at the doorsteps of depositors through


bank staff, who is paid commission.

(e)

These companies get the funds at low cost for longer terms, at they invest
them in investments which generates good amount of return.

(f)

Many of these companies operate with very small amount of capital.

(g)

They have some adverse (bad) features, such as:

(ii)

Some do not submit periodic returns to the regulatory authority.

(iii)

Some of 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 of savings among public. NBFCs 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 careful spending
of money without much wastage. They offer attractive schemes to suit needs of
various sections of the society. They also attract idle money by offering attractive
rates of interest. Idle money means the money which public keep aside, but which
is not used. It is surplus money.

(2)

Provides easy, timely and unusual credit:

NBFCs provide easy and timely credit to those who need it. The formalities and
procedures in case of NBFCs are also very less. NBFCs also provides unusual
credit means the credit which is not usually provided by banks such as credit for
marriage expenses, religious functions, etc. The NBFCs are open to all. Every
one whether rich or poor can use them according to their needs.

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(3) Financial Supermarket:
NBFCs play an important role of a financial supermarket. NBFCs create a
financial supermarket for customers by offering a variety of services. Now,
NBFCs are providing a variety of services such as mutual funds, counseling,
merchant banking, etc. apart from their traditional services. Most of the NBFCs
reduce their risks by expanding their range of products and activities.

(4)

Investing funds in productive purposes:

NBFCs invest the small savings in productive purposes. Productive purposes


mean they invest the savings of people in businesses which have the ability to
earn good amount of returns. For example In case of 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 of profit.

(5)

Provide Housing Finance:

NBFCs, mainly the Housing Finance companies provide housing finance on easy
term and conditions. They play an important role in fulfilling the basic human
need of housing finance. Housing Finance is generally needed by middle class and
lower middle class people. Hence, NBFCs are blessing for them.

(6)

Provide Investment Advice:

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NBFCs, mainly investment companies provide advice relating to wise investment
of funds as well as how to spread the risk by investing in different securities. They
protect the small investors by investing their funds in different securities. They
provide valuable services to investors by choosing the right kind of securities
which will help them in gaining maximum rate of returns. Hence, NBFCs plays
an important role by providing sound and wise investment advice.

(7)

Increase the Standard of living:

NBFCs play an important role in increasing the standard of living in India.


People with lesser means are not able to take the benefit of various goods which
were once considered as luxury but now necessity, such as consumer durables like
Television, Refrigerators, Air Conditioners, Kitchen equipments, etc. NBFCs
increase the Standard of living by providing consumer goods on easy installment
basis. NBFCs also facilitate the improvement in transport facilities through hirepurchase finance, etc. Improved and increased transport facilities help in
movement of goods from one place to another and availability of goods increase
the standard of living of the society.

(8)

Accept Deposits in Various Forms:

NBFCs accept deposits forms convenient to public. Generally, they receive


deposits from public by way of depositor a loaner in any form. In turn the NBFCs
issue debentures, units certificates, savings certificates, units, etc. to the public.

(9)

Promote Economic Growth:

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Non Banking Financial Companies


NBFCs play a very important role in the economic growth of the country. They
increase the rate of growth of the financial market and provide a wide variety of
investors. They work on the principle of providing a good rate of return on saving,
while reducing the risk to the maximum possible extent. Hence, they help in the
survival of business in the economy by keeping the capital market active and busy.
They also encourage the growth of well- organized business enterprises by
investing their funds in efficient and financially sound business enterprises only.
One major benefit of NBFCs speculative business means investing in risky
activities. The investing companies are interested in price stability and hence
NBFCs, have a good influence on the stock- market. NBFCs play a very positive
and active role in the development of our country.

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Non Banking Financial Companies

MBA (FS) SEM IV

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Non Banking Financial Companies


Functions of Non- Banking Financial Companies:
(1)

Receiving benefits:

The primary function of nbfcs is receive deposits from the public in various ways
such as issue of debentures, savings certificates, subscription, unit certification,
etc. thus, the deposits of nbfcs are made up of money received from public by way
of deposit or loan or investment or any other form.
(2)

Lending money:

Another important function of nbfcs is lending money to public. Non- banking


financial companies provide financial assistance through.
(a) Hire purchase finance:
Hire purchase finance is given by nbfcs to help small important operators,
professionals, and middle income group people to buy the equipment on
the basis on Hire purchase. After the last installment of Hire purchase paid
by the buyer, the ownership of the equipment passes to the buyer.
(b) Leasing Finance:
In leasing finance, the borrower of the capital equipment is allowed to use
it, as a hire, against the payment of a monthly rent. The borrower need not
purchase the capital equipment but he buys the right to use it.
(c) Housing Finance:

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Non Banking Financial Companies


NBFCs provide housing finance to the public, they finance for
construction of houses, development of plots, land, etc.

(d) Other types of finance provided by NBFCs include:


Consumption finance, finance for religious ceremonies, marriages, social
activities, paying off old debts, etc. NBFCs provide easy and timely finance
and generally those customers which are not able to get finance by banks
approach these companies.
(e) Investment of surplus money:
NBFCs invest their surplus money in various profitable areas.

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Non Banking Financial Companies

Commercial Bank versus (v/s) Non-banking Financial Companies


While commercial banks and non-banking financial companies are both financial
intermediaries (middleman) receiving deposits from 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 differences between both of them,
they are as follows:

No.

Commercial Banks.

Issue of cheques:

Non Bank Financial companies.

In case of commercial banks, a

In case of NBFCs there is no

cheque can be issued against bank

facility to issue cheques against

deposits.

bank deposits.

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Non Banking Financial Companies

Rate of interest:
Commercial bank offer lesser rate

NBFCs offer higher rate of interest

of interest on deposits and charge

on deposits and charge higher rate of

less rate of interest on loans as

interest on loans as compared to

compared to NBFCs.

Commercial banks.

Facilities provided by them:


Commercial banks can enjoy the

NBFCs are not given such facilities.

benefit of certain facilities like


deposit insurance cover facilities,
refinancing facilities, etc.

Law which governs them:


NBFCs are regulated by different
Commercial banks are regulated by
Banking Regulation Act 1949 and
RBI.

regulation such as SEBI, Companies


Act, National Housing Bank, Unit
Fund Act and RBI.

Types of assets:
MBA (FS) SEM IV

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Non Banking Financial Companies

NBFCs specialize in one types of


commercial banks hold a variety of
assets in the form of loans, cash
credit, bill of exchange, overdraft
etc.

MBA (FS) SEM IV

asset. For e.g.: Hire purchase


companies specialize in consumer
loans while Housing Finance
Companies specialize in housing
finance only.

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Non Banking Financial Companies


RBI Guidelines for Asset-Liability Management (ALM)
system in NBFCs.
This note lays down broad guidelines in respect of interest rate and
liquidity risks management systems in NBFCs which form part of the Asset
Liability Management (ALM) function.

This is applicable to all NBFCs and

Residuary non-banking companies meeting the criteria of asset base of


Rs.100 crores, whether accepting deposits or not, or holding public deposits of
Rs.20 crores or more. Sl.No. Description / Compliance requirement Comments.
As we are aware, the guidelines for introduction of ALM system by banks and all
India financial intuitions have already been issued by Reserve Bank of India and
the system has become operational. Since the operations of financial companies
also give rise to Asset Liability mismatches and interest rate risk exposures, it has
been decided to introduce an ALM system for the NON- Banking Financial
Companies (NBFCs) as well, as part of their overall system for effective risk
management in their various portfolios. A copy of the guidelines for Asset
Liability Management (ALM) system in NBFCs is enclosed.
Is there an Asset Liability Committee (ALCO) consisting of the companys
senior management to decide the business strategy of the NBFC.
1.

In the normal course, NBFC'S are exposed to credit and market risks in
view of the asset-liability transportation. With liberalization in Indian
financial markets over the last few years and growing integration of
domestic with external markets and entry of MNC's for meeting the credit

MBA (FS) SEM IV

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Non Banking Financial Companies


needs of not only the corporate but also the retail segments, the risks
associated with NBFC's operations have become complex and large,
requiring strategic management. NBFCs are now operating in a fairly
deregulated environment and are required to determine on their own,
interest rates on deposits, subject to the ceiling of maximum rate of interest
on deposits they can offer on deposits prescribed by the Bank; and
advances on a dynamic basis. The interest rates on investments of NBFC's
in Government and other securities are also now market related. Intense
pressure on the management of NBFC's to maintain a good balance among
spreads, profitability 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 function, is also concerned with risk management and provides a
comprehensive and dynamic framework for measuring, monitoring and
managing liquidity and interest rate equity and commodity price risks of
major operators in the financial system that needs to be closely integrated
with the NBFC's business strategy. It involves assessment of various types
of risks and altering the asset-liability portfolio in a dynamic way in order
to manage risks.

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Non Banking Financial Companies


3.

This note lays down broad guidelines in respect of interest rate and
liquidity risks management systems in NBFC's which form part of the
Asset-Liability Management (ALM) function. The initial focus of the ALM
function would be to enforce the risk management discipline i.e. managing
business after assessing the risks involved. The objective of good risk
management systems should be that these systems will evolve into a
strategic tool for NBFC's management.

4.

The ALM process rests on three pillars:

ALM Information Systems


Management Information Systems
Information availability, accuracy, adequacy and expediency
ALM Organisation
Structure and responsibilities
level of top management involvement
Risk parameters

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Non Banking Financial Companies


Risk identification
Risk management
Risk policies and tolerance levels.

ALM INFORMATION SYSTEMS

ALM has to be support by a management philosophy which clearly specifies the


risk policies and tolerance limits. This framework needs to be built on sound
methodology with necessary information system as back up. Thus, information is
the key to the ALM process. It is, however, recognized that varied business
profiles of NBFC's in the public and private sector do not make the adoption of a
uniform ALM System for all NBFC's feasible.

NBFC's have heterogeneous organizational structures, capital base, asset sizes


management profile, business activities and geographical spread. Some of them
have large number of branches and agents/ brokers whereas some have unitary
offices.

ALM ORGANISATION

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Non Banking Financial Companies

(a)

Successful implementation of the risk management process would require


strong commitment on the part of the senior management in the NBFC, to
integrate basic operations and strategic decision making with risk
management.

(b)

The Asset-Liability Committee (ALCO) consisting of the NBFC's senior


management including Chief Executive Officer (CEO) should be
responsible for ensuring adherence to the limits set by the Board as well as
for deciding the business strategy of 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 of operating staff should be


responsible for analyzing, monitoring and reporting the risk profiles to the
ALCO. The staff should also prepare forecasts (simulations) showing the
effects of 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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Non Banking Financial Companies

LIQUIDITY RISK MANAGEMENT

Measuring and managing liquidity needs are vital for effective operation of
NBFCs. By ensuring an NBFC's ability to meet its liabilities as they become due,
liquidity management can reduce the probability of an adverse situation
developing. The importance of liquidity transcends individual institution, as
liquidity shortfall in one institution can have repercussions on the entire system.
NBFCs management should measure not only the liquidity positions of NBFCs on
an ongoing basis but also examine how liquidity requirements are likely to
involve under different 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) of their public deposits in approved securities in
terms of liquid asset requirement of section 45-IB of the RBI Act,1934. Residuary
Non-Banking Companies (RNBCs) are required to invest up to 80% of their
deposits in a manner as prescribed in the Directions issued under the said Act.
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Non Banking Financial Companies


There is no such requirements for NBFCs which are not holding public deposits.
Thus various NBFCs including RNBCs would be holding in their investments
portfolio securities which could be broadly classifiable as 'mandatory securities'
(under obligation of law) and other 'non-mandatory securities'.

Financial Companies Regulation Bill, 2000.


The Government of India framed 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 features of this Bill are:
All NBFCS will be known as Financial Companies instead of NBFCs; NBFCs
holding public deposits would not be allowed to carry on any non-Financial
business with out the prior approval of RBI; RBI would have the powers to
prescribe minimum net-worth norms; unsecured depositors would have first
charge on liquid assets and assets created out of deployment of part of the reserve
fund.
Financial Companies would require prior approval of RBI for any change in
name, management or registered office; Regulation of unincorporated bodies
would be in the hands of the respective State Governments; Penalties have been

MBA (FS) SEM IV

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Non Banking Financial Companies


rationalized with the objective that they should serve as a deterrent and
investigative powers have been vested with District Magistrates and
Superintendents of Police; RBI would be empowered to appoint Special
Officer(s) on delinquent financial companies; Any sale of property in violation of
RBI order would be void; The Company Law Board will continue to be the
authority to adjudicate the claims of depositors. Financial companies would have
no recourse to the CLB to seek deferment of the depositors dues. The Bill has
been introduced in Parliament in 2000 and has since been referred to the
Standing Committee on Finance. 8.0 Anomalies in the NBFC regulations.

1. Clarity in Definition of NBFC:


The clause (a) of the section 45 I of the RBI Act define the term
Business of A Non Banking Financial Institution.

Herein, it has been

stated that, business of a non-banking financial institution means carrying


on of the business of a financial institution referred to in clause (c) and
includes business of a non-banking financial company referred to in clause (f).
Therefore, to understand what the business of Non Banking Financial
Institution is a reference has to be made to two other clauses (c) and (f).
Clause (c) defines the term Financial Institution and clause (f) defines NBFC

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Non Banking Financial Companies


itself. However, the clause (f) contains a comprehensive and exclusive definition
an NBFC. As per this clause a non-banking financial company means
(i)

A financial institution which is a company;

(ii)

A non-banking institution which is a company and which has as its


principal business the receiving of deposits, under any scheme or
arrangement or in any other manner, or lending in any manner;

(iii)

Such other non-banking institution or class of such institutions, as the


Bank may, with the previous approval of the Central Government and
by notification in the Official Gazette, specify. Therefore, we can say
an NBFC is always a company and can be a corporation or a co-operative
only if notified by RBI with approval of Central Government. However,
no co operative or corporation has been notified till now. The
definition of NBFC should have been simple to understand and

need

to cross references to other clauses could have been avoided.

The definition of NBFC in our view could have been:


Non-Banking Financial Company means
A non banking company which carries on as its business or part of its
business any of the following activities, namely:

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Non Banking Financial Companies


(i)

The financing, whether by way of making loans or advances or


otherwise, of any activity other than its own.

(ii)

The acquisition of shares, stock, bonds, debentures or securities


issued by the Government or local authority or other marketable securities
of a like nature.

(iii)

Letting or delivering of any goods to a hirer under a hire-purchase


agreement as defined in clause (c) of section 2 of the Hire-Purchase Act,
1972.

(iv)

The carrying on of any class of insurance business.

(v)

Managing, conducting or supervising, as foreman, agent or in any other


capacity, of chits or kuries as defined in any law which is for the time
being in force in any State, or any business, which is similar thereto.

(vi)

Collecting, for any purpose or under any scheme or arrangement by


whatever name called, monies in lump sum or otherwise, by way of
subscriptions or by sale of units, or other instruments or in any other
manner and awarding prizes or gifts, whether in cash or

kind,

or

disbursing monies in any other way, to persons from whom monies


are collected or to any other person, but does not include any institution,
which carries on as its principal business:
(a) Agricultural operations; or (industrial activity; or)

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Non Banking Financial Companies


(b) The purchase or sale of any goods (other than securities) or the
providing of any services; or
(c) The purchase, construction or sale of immovable property, so
however, that no portion of the income of the institution is
derived from the financing of purchases, constructions or sales of
immovable property by other persons
(d) A non banking company and which has as its principal business
the receiving of deposits, under any scheme or arrangement or in any
other manner, or lending in any manner;
(e ) Such other non-banking institution or class of such institutions, as
the

Bank

may, with

the previous

approval

of the

Central

Government and by notification in the Official Gazette, specify.

2. Clarification regarding what in Principle Business:


The sub clause (ii) of clause (f) which defines NBFC states that a non- banking
company that has as its principal business the receiving of deposits, under any
scheme or arrangement or in any other manner, or lending in any manner is
regarded as NBFC. Moreover, clause (c) that defined financial institution also
refers to the phrase Principle business when it states that financial
institution does not include institution that carries on as its principle
business(a) agricultural operations; or (a) industrial activity; or (b) the
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Non Banking Financial Companies


purchase or sale of any goods (other than securities) or the providing of
any services; or (c) the purchase, construction or sale of immovable
property, so however, that no portion of the income of the institution is
derived from the financing of purchases, constructions or sales of immovable
property by other persons.
In the absence of a definition of the term principal business in the Act itself, it is
not clear what should be the guidelines to be followed to determine the principal
business of a company? In case of a company engaged exclusively in financial
business or a company doing exclusively non-financial business, the principal
business will be evident enough and it may not be necessary to dwell
upon what constitutes principal business of such a company. However, in the
case of companies which are carrying on multiple activities, both financial
and non- financial, in some

what

equal or near equal

proportions,

determining the principal business assumes considerable significance.


It would be necessary to define what constitutes the principal business of these
companies, in the context of the obligations cast by the amended provisions
of the RBI Act on the NBFCs, viz., requirement of applying for registration in
case of existing companies and prior registration in case of new companies,
penalties for non-compliance with registration requirements, etc.

3. Applicability of Accounting Standards:

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Non Banking Financial Companies


The

clause

of

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 of
Chartered Accountants of India shall be followed in so far as they are not
inconsistent with any of the Directions. This clause should be rectified as
ICAI has issued Companies (Accounting Standards) Rules 2006, which are
applicable to accounting periods commencing on or after 7-12-2006.
The Government of India framed a new legislation to amend and consolidate the
provisions contained in Chapter IIIB, III-C and V of the RBI Act, 1934 relating to
the regulation and supervision of financial companies, hither to known as nonbanking financial companies (NBFCs). This included prohibition of acceptance of
deposits by unincorporated bodies and incorporating the recommendations of the
Task Force on NBFCs, which had made certain recommendations to this effect.
The salient features of the proposed legislation, which are materially different
from the corresponding provisions of RBI Act or are new provisions, are as
follows:
I. Basic Stipulations:
(i)

The draft bill has been named as Financial Companies Regulations Bill,
2000. All the NBFCs will be known as Financial Companies instead of
NBFCs.

(ii)

The term 'public deposit' has been defined in the Bill for the first time and
the definition would mean the same as at present in the NBFC Directions.

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Non Banking Financial Companies


(iii)

There would be a nine member Advisory Council for Financial Companies


under the Chairmanship of Depute Companies and other experts in related
areas to advise the Reserve Bank.

(iv)

NBFCs holding /accepting public deposits would be prohibited from


carrying on any non- financial business without the prior approval of the
Reserve Bank and the non-financial business presently carried on by them
would have to be wound up or transferred to a subsidiary within three
years. Any other business or fee-based activity like insurance agency
business, portfolio management, etc., would require prior approval of the
Reserve Bank.

II .Entry Point Norms:


(i)

The requirement of obtaining the COR from the Reserve Bank would be
compulsory for all financial Companies, irrespective of whether the
companies accept public deposits or not. However, the nonpublic Deposit
taking financial companies would require minimum owned fund of Rs.25
Lakh, whereas the public deposit taking financial companies would require
minimum net owned fund (NOF) of Rs.2 Crores and a specific
authorization from the Reserve Bank to accept public deposits.

(ii)

There would be powers with the Reserve Bank to:


(a) Prescribe different capital for different classes of financial companies,

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Non Banking Financial Companies


(b) Raise the requirement of minimum owned fund (entry norm) from
Rs.25 Lakh to of Rs.25 Lakh to Rs.2 crores for the existing financial
companies accepting public deposits. However, sufficient time would
be allowed to such financial companies to attain the enhanced capital
requirement.

(iii)

The requirement of creation of reserve fund would be applicable only to the


financial companies accepting public deposits, as against the earlier
requirement applicable to all NBFCs.

(iv)

Unsecured depositors would have first charge on liquid assets and assets
created out of the deployment of the part of the reserve fund.

(v)

The financial companies would require prior approval of the Reserve Bank
for any change in the name, change in the management or change in the
location of the registered office.

III Regulatory and Supervisory Issues:


(i)

The Reserve Bank would be empowered to appoint Special Officer(s) on a


delinquent financial company and a duty has been cast on such company to
cooperate with such Special Officer(s).

(ii)

The Company Law Board (CLB) would continue to be authority to


adjudicate the claims of depositors against the delinquent companies with
powers to order initial payment of a part of deposit, attach assets of the

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Non Banking Financial Companies


fraudulent financial company and appoint Recovery Officer(s) for
management of such asset. Financial company would have no recourse to
the CLB to seek deferment of the depositors' dues.
(iii)

The prohibitory provisions for unincorporated bodies would continue in the


Financial Companies Regulations Bill, but the role of exercising the
powers for enforcement of these provisions have been exclusively entrusted
to State Governments, in addition to the powers under the respective State
Laws for protecting the interests of investors in financial establishments.

(iv)

There would be powers vested in the District Magistrates to call for


information and to proceed against delinquent unincorporated bodies.

(v)

There would be a ban on the issue of advertisement for soliciting deposits


by all unincorporated bodies, irrespective of whether they are conducting
financial business or not.

(vi)

Unauthorized deposit-taking by companies (a) whose applications for


Certificate of Registration have been rejected, (b) whose registration has
been cancelled, (c) who have been prohibited from accepting public
deposits would be a cognizable offence. The same would be the case for
unregistered financial companies as well as unincorporated bodies.

(vii)

Powers would be vested with a police officer of the rank not below that of
the Superintendent of Police Of any State to order investigations into the
alleged violations of requirement of registration by financial companies
and prohibition from acceptance of deposits by unincorporated bodies.

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Non Banking Financial Companies


(viii) Penalties have been rationalized in accordance with the severity of defaults,
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
referred to the Standing Committee on finance.
The Government of India framed the Financial Companies Regulation Bill, 2000,
to consolidate the law relating to NBFCs and unincorporated bodies with a view
to ensure depositor protection.

AN

APPRAISAL

OF

FINANCIAL

COMPANIES

REGULATION BILL, 2000:


THE UNION Government's move to enact a separate law to regulate and control
the non-banking finance companies (NBFC) sector is indeed laudable, after a

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Non Banking Financial Companies


large number NBFCs had failed to repay public deposits, ruining thousands of
gullible investors, drawn mainly from the middle class strata of the society.
However, a careful perusal of 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 of the Reserve Bank of 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 of the CRB scam that left several thousands of 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 from depositors on
defaults committed by financial companies. However, an objective study will
reveal that the RBI (Amendment) Act, 1997, which added Chapter IR-B to the
parent Act, has hardly benefited the depositor fraternity. The winding-up petition
filed against CRB by the RBI under the new provisions in 1997 is still pending
with the Delhi High Court. The perpetrators of the CRB fraud have been bailed
out and are scot-free. Many depositors have been devastated. Justice delayed is
indeed justice denied.

Ineffective CLB orders

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Non Banking Financial Companies


Close on the heels of this `mother' scam came a host of other NBFC failures - to
name a few, 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 specified 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 default on
repayments and is way behind schedule. Repeated representations from the
aggrieved depositors of these companies to the CLB and the RBI have failed 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 suffer. ICICI got the CLB order on
Enarai Finance stayed and filed a liquidation petition against the company, which
is still pending. The RBI was inspired to follow ICICI's example in the case of
Kirloskar Investments and is keenly awaiting the Karnataka High Court's order on
its liquidation petition filed last February.
Against such a dismal scenario, is it not disappointing that the new bill provides
for payment defaults by the NBFCs to be adjudicated by the CLB? The CLB has
no power to review its own orders. It refuses to entertain petitions from depositors
to amend/clarify 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
of the stay petitions expeditiously.

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Non Banking Financial Companies


The lay depositor is an unsecured creditor; he is entitled to immediate relief if the
company defaults. This can be provided by compulsory insurance of 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 for NBFCs too to insure the deposits taken by them and issue
certificates of insurance along with the deposit receipts? If this were done, in the
event of default, 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 of the insurance business to the private sector,
insurance of NBFC deposits should not pose any problem. The insurance premium
could be allowed as tax deductible expenditure in the company's assessments.
For the first time, the bill provides for a first charge on the company's assets to the
depositor. However, in practice, this will be no solace to the depositor. For, the
`first charge' is available only upon default. Further, the charge is not on the entire
assets. It is on a maximum of 25 per cent of the total value of deposits taken
which the company is supposed to hold in unencumbered term deposits/approved
securities. Realization of the charged assets, upon an order of the CLB, is another
exercise altogether. All in all, the charge provision in the bill, though innovative,
does not inspire confidence. The Finance Ministry would do well to review this
bill in the light of these comments and make it more investor friendly as the
avowed objective of the new legislation is to protect the interests of depositors.
The Supreme Court has time and again ruled that death sentences should be
pronounced only in the rarest of rare cases. Perhaps, the RBI should extend this
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Non Banking Financial Companies


dictum to corporate as well and refrain from filing liquidation petitions against
failed NBFCs.

NORMS for NBFCS.


In public interest and to regulate the credit system in the best interest of India, the
RBI has laid down the following important norms or rules to be followed by
NBFCs accepting public deposits:
(1)

What constitutes public deposits?

Public deposit includes fixed or recurring deposits which are received from
friends, relative, shareholders of a public limited company and money raised in
issued of unsecured debentures or bond. It does not include money raised from
issue of secured debentures and bond or from borrowings of banks or financial
institutions, deposits from directors or inter- corporate deposits received from
foreign national citizens and from shareholders of private limited companies.
(2)

Who is allowed to accept deposits from public?

The NBFCs which have net owned capital of less than Rs. 25 Lakh will not be
permitted to accept deposit from public. In order to raise funds the NBFC can
borrow from some other sources also.
(3)

NBFCs have to submit financial statements:

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Non Banking Financial Companies


All NBFCs will have to submit their annual financial statements and returns if
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 of deposit, rate of interest, time period of deposits, brokerage and
borrowings received by them. The directions do not include amount received or
generated by central bank or state government. Amount received from IDBI,
ICICI Nabard, Electricity Board and IFCI are also not included in directions of
RBI. Amount received from mutual funds, directors of firm and shareholders also
do not come under the category of amount received for regulation from RBI.
(5)

Ceiling (limits on interest):

There is a maximum limit on the rate of interest of deposits. The limit charges
with the RBI directions.
(6)

Period of deposits:

The deposits can be accepted for a minimum period of 12 months and a maximum
period of 2 year.
(7)

Register of depositors:

The NBFCs have to maintain a register of depositors with details like name,
address, amount, date of each deposit, maturity period and other details according
to the required by RBI.
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(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 funds of Rs 25
Lakhs can obtain public deposits if they are credit rated and they receive a
minimum investment grade for their fixed deposits from an approved rating
agency.

The NBFCs have to submit this different agency is as follow:


The credit analysis and Research Limited (CARE) gives the minimum
rating of BBB in triple B rating.
The investment information and credit Rating Agency of India LTD.
(ICRA) gives the minimum rating of (MA-)
The Credit Rating Information Services of India Ltd. (CRISIL) and gives a
minimum rating of (FA-).
FITCH Rating India Pvt. Ltd. Provides (BBB-) as its acceptable rating.
If the credit rating is below the minimum investment grate the NBFCs has
to send report to the RBI within 15 days of 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.
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It said that NBFCs with a net owned fund (NoF) of between Rs 25 Lakh and Rs 2
crore, must limit their public deposits to the level of their net owned funds as
against the current ceiling of 1.5 times the net owned funds. Further, for those
companies (with NoF of between Rs 25 Lakh and Rs 2 crore) that had a capital
adequacy ratio of 12% and who enjoyed credit rating, the current ceiling of 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 affected by this regulation.
Their net owned funds were of the order of Rs 171 crore while the public
deposits that they held were about Rs 96 crore. This category of companies
constitutes a big chunk in the total category of NBFCs taking deposits that
number about 359. In terms of amount of deposits involved, this category of
NBFCs is a very small category. Total public deposits of all NBFCs with access
to such deposits were of the order of Rs 2042 crore in 2007.
These regulations are part of the RBIs move to ensure that NBFCs who accept
deposits are adequately capitalized and have some minimum net owned funds.
Mr. T.T.Srinivasaraghavan, Managing Director, Sundaram Finance, said that this
regulation had adopted a fair approach to the issue of dealing with risks involved
in smaller companies accepting deposits. He said the regulation met the
aspirations of those small companies as it would now take the pressure off them
when they were scrambling for capital to reach the minimum NoF limits. It
would also force 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.


PRUDENTIAL NORMS:
The Reserve Bank put in place in January 1998 a new regulatory framework
involving prescription of prudential norms for NBFCs which deposits are taking
to ensure that these NBFCs function on sound and healthy lines. Regulatory and
supervisory attention was focused on the deposit taking NBFCs (NBFCs D) so
as to enable the Reserve Bank to discharge its responsibilities to protect the
interests of the depositors. NBFCs - D are subjected to certain bank like
prudential regulations on various aspects such as income recognition, asset
classification and provisioning; capital adequacy; prudential exposure limits and
accounting / disclosure requirements. However, the non-deposit taking NBFCs
(NBFCs ND) are subject to minimal regulation.

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The application of the prudential guidelines / limits is thus not uniform across the
banking and NBFC sectors and within the NBFC sector. There are distinct
differences in the application of the prudential guidelines / norms as discussed
below:
i)

Banks are subject to income recognition, asset classification and


provisioning norms; capital adequacy norms; single and group borrower
limits; prudential limits on capital market exposures; classification and
valuation norms for the investment portfolio; 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. 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)

Unsecured borrowing by companies is regulated by the Rules made under


the Companies Act. Though NBFCs come under the purview of the
Companies Act, they are exempted from the above Rules since they come
under RBI regulation under the Reserve Bank of India Act. While in the

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case of 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 financial services sector.

Current Status:
Financial Linkages between Banks and NBFC:
Banks and NBFCs compete for some similar kinds of business on the asset side.
NBFCs offer products/services which include leasing and hire-purchase, corporate
loans, investment in non-convertible debentures, IPO funding, margin funding,

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small ticket loans, venture capital, etc. However NBFCs do not provide operating
account facilities like savings and current deposits, cash credits, overdrafts etc.
NBFCs avail of bank finance for their operations as advances or by way of banks
subscription to debentures and commercial paper issued by them.
Since both the banks and NBFCs are seen to be competing for increasingly similar
types of 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 of a different cost-incentive structure. Hence, following restrictions
have been placed on the activities of NBFCs which banks may finance:
i) Bills discounted / rediscounted by NBFCs, except for rediscounting of bills
discounted by NBFCs arising from the sale of
a) Commercial vehicles (including light commercial vehicles); and
b) Two-wheeler and three-wheeler vehicles, subject to certain conditions;
c) Investments of NBFCs both of current and long term nature, in any
company/entity by way of shares, debentures, etc. with certain exemptions;
ii) Unsecured loans/inter-corporate deposits by NBFCs to/in any company.
iii) All types of loans/advances by NBFCs to their subsidiaries, group
companies/entities.

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iv) Finance to NBFCs for further lending to individuals for subscribing to
Initial Public Offerings (IPOs).
v) Bridge loans of any nature, or interim finance against capital/debenture
issues and/or in the form of loans of a bridging nature pending raising of
long-term funds from the market by way of capital, deposits, etc. to all
categories of Non-Banking Financial Companies, i.e. equipment leasing and
hire-purchase finance 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 foreign), and the public sector.
Some of the NBFCs are subsidiaries/ associates/ joint ventures of banks
including foreign 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 financial services company should not exceed 10 per
cent of the banks paid-up share capital and reserves and the investments in all
such companies, financial institutions, stock and other exchanges put together
should not exceed 20 per cent of the banks paid-up share capital and reserves.
Banks in India are required to obtain the prior approval of the concerned
regulatory department of the Reserve Bank before being granted Certificate of
Registration for establishing an NBFC and for making a strategic investment in an
NBFC in India. However, foreign entities, including the head offices of foreign
banks having branches in India may, under the automatic route for FDI,
commence the business of NBFI after obtaining a Certificate of Registration from
the Reserve Bank.

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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, for example,
financing of acquisitions and mergers, capital market activities, etc. The
differences in the level of regulation of the banks and NBFCs, which are
undertaking some similar activities, gives rise to considerable scope for regulatory
arbitrage. Hence, routing of transactions through NBFCs would tantamount to
undermining banking regulation.
This is partially addressed in the case of NBFCs that are a part of banking group
on account of prudential norms applicable for banking groups.

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CURRENT NEWS.
1) MAT changes will hit NBFCs.
Tuesday, September 1, 2009
The Direct Taxes Code (DTC) is slowly being put to deeper scrutiny. As is always
the case, some of the changes may be ushered in with good intention, but inept
drafting leaves the door open for needless litigation.
The newly crafted Minimum Alternate Tax (MAT) is a case in point. Ever since
Rajiv Gandhi unleashed the book profits tax on India Inc. in 1987, it has generated
controversies galore and kept all the courts busy interpreting the intention and
scope of the provision.

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At present, MAT is applicable to corporate at 15 per cent on published profits. The
nominal tax rate for the corporate sector is 33.99 per cent and the effective rate
after all deductions/concessions stands at around 22.22 per cent.

MAT computation
MAT, despite the controversy surrounding its existence, has lived by the year for
now 22 years and promises to open a new chapter from April 1, 2011.
The mechanics, as per the DTC, is simple. MAT will now be 2 per cent of the
value of gross assets as against 15 per cent on profits. For this purpose the value
of 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 form part of the computation of gross assets for the purpose of
the levy.
Further, while in the vertical form of the balance sheet the current assets are
disclosed net of current liabilities, the proposed MAT computation mechanism
does not envisage a reduction of current liabilities from current assets.
This also leads to an anomalous situation where a company has to pay MAT on
the amount of deferred tax asset, if it appears in the balance sheet of a company.
The rate of MAT is proposed to be 0.25 per cent in the case of banking companies
and 2 per cent in the case of all other companies, including foreign companies.
This is clearly a hardship for Non-Banking Financial Companies (NBFCs) where
70-75 per cent of the assets in the balance-sheet constitute loans and advances,
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stock on hire and business receivables. There does not appear to be any
justification 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 of several large NBFCs, 2 per cent
MAT on gross assets would be far greater than 25 per cent on taxable income.
To make matters worse, MAT will now represent a final tax and will not be
allowed to be carried forward for claiming tax credit in subsequent years. Not only
this, certain companies, will receive an additional blow for example, those in
gestation period; having negative net worth because of huge accumulated losses;
having book losses in the current year; having low asset-turnover ratio low net
profit ratio; and those earning mainly exempt income.

Change in concept:
The justification for re-jigging MAT is that several countries have adopted a tax
based on a percentage of assets. The concept of MAT when it first originated in
1987 was completely different from what is proposed in the DTC.
The economic rationale of assets-based tax is that it serves as an incentive for
efficiency. If that be so then the normal tax itself should serve the purpose.
Any sort of tax that departs from the mainstream route of linkage with
income/profits is bound to be litigious.

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Added to that is the discrimination between banking companies and other
companies on the rate of tax. Some serious rethinking is required on the proposed
MAT in the DTC.

2) NBFCs
Posted on 19 September 2008 by Sara Jain close Author: Sara Jain:A non-banking financial company (NBFC) is a company registered under the
Companies Act, 1956 and is engaged in the business of loans and advances,
acquisition of shares/stock/bonds/debentures/securities issued by government or
local authority or other securities of like marketable nature, leasing, hire-purchase,
insurance business, chit business, but does not include any institution whose
principal

business

is

that

of

agriculture

activity,

industrial

activity,

sale/purchase/construction of immovable property.

Major difference between Banks & NBFCs


NBFCs are doing functions akin to that of banks; however there are a few
differences:
A NBFC cannot accept demand deposits (demand deposits are funds deposited at
a depository institution that are payable on demand immediately or within a very
short period like your current or savings accounts).

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It is not a part of the payment and settlement system and as such cannot issue
cheque to its customers.
Deposit insurance facility of DICGC is not available for NBFC depositors unlike
in case of banks.

The important regulations relating to acceptance of deposits by


NBFCs are as follows:
The NBFCs are allowed to accept/renew public deposits for a minimum period of
12 months and maximum period of 60 months. They cannot accept deposits
repayable on demand.
NBFCs cannot offer interest rates higher than the ceiling rate prescribed by RBI
from 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 offer gifts/incentives or any other additional benefit to the
depositors.
NBFCs (except certain AFCs) should have minimum investment grade credit
rating.
The deposits with NBFCs are not insured.
The repayment of deposits by NBFCs is not guaranteed by RBI.

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There are certain mandatory disclosures about the company in the Application
Form issued by the company soliciting deposits.
Non-banking financial companies (NBFCs) have seen considerable business
model shift over last decade because of regulatory environment and market
dynamics.
In the early 2000s, the NBFC sector in our country was facing following
problems:
High cost of funds.
Slow industrial growth.
Stiff competition with NBFCs as well as with banking sector.
Small balance sheet size resulting in high cost of fund and low asset profile.

3) On AM ET advertisement:
(Start September 23, 2009 4:488.)
Reserve Bank of India's (RBI) latest guideline allowing non-banking finance
companies (NBFC) to issue semi-closed system pre-paid payment instruments
will boost the growth of m-commerce in India. Industry sources estimate that, in
the next 3 years, India could have 25 mn m-commerce users up from the current 5
mn. The industry currently stands at a market size of $10bn.

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"The new guideline will increase the reach of the services to the people at the
bottom of pyramid. Now, people not having any bank account could pay their
utility bill by electronic transfer. We expect a five fold increase in number of
people using m-commerce services," said Anil Gajwani, Senior Vice President Technology, Comviva Technologies.
After the new guideline, entry of a few NBFC MNCs into the segment could not
be denied. However, the most viable business plan would be for telecom
operators, as the guidelines will allow them to operate as a pre-paid payment
instrument as well. Considering the reach of the telcos, in urban, rural and semiurban areas, their entry will increase the penetration of the services among the
masses.
Further, these telecom operators already have a large network of 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 for 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 financial transaction,"
said Probir Roy, Co-founder and MD of Pay mate. Pay mate has currently half a
million users in the country. The company expects to grow manifold, in terms of
the users, by the end of current FY.
However, the new guidelines still have some bottlenecks, which the industry
people wanted to be removed. RBI restricts the maximum value of such payment

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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
'officially valid documents' defined under Rule 2(d) of Prevention of Money
Laundering Act, as proof of 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 for Internet/broadband
connections, cable/DTH subscriptions and citizen services by government or
government bodies.

4) Invest in only top 15 NBFCs to play safe.


(On September 23, 2009 4:488)
NIVEDITA MOOKERJI
Investors once again faced disappointment with Kuber Finance defaulting on
payments. Although there have been several defaults in the past couple of years,
the Kuber fiasco brought back memories of the CRB scam in 1997. After the CRB
letdown, one thought investors were going to stay away from non-banking finance

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companies (NBFCs) for a long time to come. But the temptation to earn high
returns was hard to resist, and investors burnt their fingers again.
But why don't investors learn from others' experiences? What is it that draws them
to NBFCs? Sheer Singh, banking and consumer analyst, Consult Opportune
(India's first consumer banking advisory service), explains why investors are still
opting for NBFCs.
Says Singh, ``the lure of earning returns, which are significantly higher than what
banks offer, is one of the reasons.'' Seen against the backdrop of dismal stock
market performance over the past few years, it becomes quite clear why people
still invest in NBFCs, he says. Lack of sufficient investment alternatives is also
why investors are drawn to NBFCs, says Singh. Giving a consumer point of view,
Singh says that through NBFC investments, people seek returns to hedge against
inflation. Plus, it is seen as a way to earn income to finance the growing
consumerist urge. And more than anything else, high returns promised by some
NBFCs seem to fulfill investors' desire to make a fast buck.
In such a scenario, sound guidelines may help investors in opting for the reliable
NBFCs. Sheer Singh offers guidelines which have been formulated by Consult
Opportune. The things to look for while investing in NBFCs, according to Consult
Opportune, are:
a)

Deposits of NBFCs must have an adequate rating by one of the credit


rating agencies in India.

b)

Preferably invest in deposits of only the top 10-15 NBFCs in India.

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c)

Review half-yearly factors such as credentials, market standing, and


professionalism of management and promoters track record of such
NBFCs.

d)

Take a close and critical look at the financing activities of such NBFCs to
decipher their long run viability.

e)

Beware of glossy and misleading advertisements.

f)

Avoid any NBFC offering unusually high interest rates which seem
`significantly higher' than prevalent rates offered by banks on similar
maturity periods.

g)

Must prefer an NBFC with a nationwide network and more oriented


towards retail/ consumer finance activities due to significantly lower
default rates Apart from these dos and don'ts, the Reserve Bank of India
also offers a good data bank of the NBFCs which may be trusted.
Particularly its website at www.rbi.org. in has a list of over 500 NBFCs all
over India which are authorized by the RBI to accept public deposits.
Similarly, the site also gives out the names of hundreds of NBFCs which
have been denied registration. Also, there's substantial information on RBI
rules and notifications in the subject Overall and valuable source of
information and assessment regarding investment in NBFCs. Such an
information base could sometimes prompt investors to even look for
alternatives.

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Talking about alternatives, Sheer Singh says that private sector banks rapidly
expanding their branch network in urban centers of India may emerge as preferred
alternatives to those NBFCs which are not among the top 20 in India.
He adds that high quality service being offered by new private sector banks;
beefing up of service and product levels by public sector banks; and expansion of
networks and product lines of the top NBFCs should offer investors other
alternatives.
On the future of NBFCs, Singh says: ``we foresee a bright future for the top 20
NBFCs in India.'' But it's not going to be a cakewalk. Says Singh: ``Considering
that in the future consumer-led growth rather than institutional-led growth would
be the trend, top NBFCs which focus on retail lending predominantly can
substantially leverage their networks to offer similar lending products offered by
banks.'' The focus has to be on marketing and service initiatives, he adds. And the
mantra for success: Offer cut-throat competition to banks.

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List of Non-Banking Financial Companies:

A. R. T. LEASING PRIVATE LIMITED.

ADOR FINANCE LTD.

144, M.C.ROAD, CHENGANNUR.

ADOR HOUSE, 6 K DUBASH MARG

ALAPUZHA DISTRICT

MUMBAI - 400 023

KERALA
AL BARR FINANCE HOUSE LTD

AD-MANUM FINANCE LTD

(FORMERLY KNOWN AS

5, YESHWANT COLONY,

ALBARAKA FINANCE HOUSE


LIMITED),

INDORE 452 003 (MP)

INDIA HOUSE NO. 2,


KEMPS CORNER,
MUMBAI 400 036.

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ADAYAR FINANCE & LEASING LTD.,

ALPIC FINANCE LTD.,

208, BHARATHI SALAI,

NEW EXCELSIOR BLDG.,

ROYAPETTAH,

6TH FLOOR,

CHENNAI 600 014

WALLACE STREET, FORT,


MUMBAI - 400 001

ALTA LEASING & FINANCE LTD.

ANMOL FINANCIAL SERVICES LTD

ALTA BHAVAN,

A -66, IST FLOOR,

532, SENAPATI BAPAT MARG

GURU NANAK PURA , VIKAS MARG,

DADAR,

DELHI - 110092

MUMBAI - 400 028


ANNA FINANCE LIMITED
16 B/9, DEV NAGAR,
D.B. GUPTA ROAD,

ABIRAMI FINANCIAL SERVICES


(INDIA) LTD
157, HABIBULLAH ROAD, T. NAGAR,
CHENNAI - 600 017

KAROL BAGH,

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AMARPREET FINANCE PVT. LTD.,

ANNA FINANCE LIMITED

182, NEW JAWAHAR NAGAR,

16 B/9, DEV NAGAR,

JALANDHR.

D.B. GUPTA ROAD,


KAROL BAGH,
NEW DELHI -110005

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Conclusion:
NBFCs are gaining momentum in last few decades with wide variety of products
and services. NBFCs collect public funds and provide loan able funds. There has
been significant increase in such companies since 1990s. They are playing a vital
role in the development financial system of our country. The banking sector is
financing only 40 per cent to the trading sector and rest is coming from the NBFC
and private money lenders. At the same line 50 per cent of the credit requirement
of the manufacturing is provided by NBFCs. 65 per cent of the private
construction activities was also financed by NBFCs. Now they are also financing
second hand vehicles. NBFCs can play a significant role in channelizing the
remittance from abroad to states such as Gujarat and Kerala.
NBFCs in India have become prominent in a wide range of activities like hire
purchase finance, equipment lease finance, loans, investments, and so on. NBFCs
have greater reach and flexibility in tapping resources. In desperate times, NBFCs
could survive owing to their aggressive character and customized services.
NBFCs are doing more fee-based business than fund based. They are focusing
now on retailing sector-housing finance, personal loans, and marketing of
insurance. Many of the NBFCs have ventured into the domain of mutual funds
and insurance. NBFCs undertake both life and general insurance business as joint
venture participants in insurance companies. The strong NBFCs have successfully
emerged as Financial Institutions in short span of time and are in the process of

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converting themselves into Financial Super Market. The NBFCs are taking
initiatives to establish a self-regulatory organization (SRO). At present, NBFCs
are represented by the Association of Leasing and Financial Services (ALFS),
Federation of India Hire Purchase Association (FIHPA) and Equipment Leasing
Association of India (ELA). The Reserve Bank wants these three industry bodies
to come together under one roof. The Reserve Bank has emphasis on formation of
SRO Particularly for the benefit of smaller NBFCs.

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Bibliography
BOOKS:1) Statutory guidances for non- banking financial companies.
Taxman.

WEBSITES:-

www.NBFC.com
www.RBI.com
www. How Stuff Works.com
www. Wikipedia.com

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