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Non Banking Financial Companies - STATUTORY COMPLIANCE FOR NON BANKING FINANCE COMPANIES |
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Non Banking Financial Companies - STATUTORY COMPLIANCE FOR NON BANKING FINANCE COMPANIES
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1. A. FORMATION 1. The company is to be formed pursuant to Companies Act, 1956 1. B. REGISTRATION 2. The company is to be registered with the Reserve Bank of India pursuant to Reserve Bank of India Act, 1934 3. Application is to be made to RBI along with the documents as required. 1. C. BUSINESS OF NON BANKING FINANCIAL COMPANIES 1) the financing, whether by way of making loans or advances or otherwise, of any activity other than its own: 2) the acquisition of shares, stock, bonds, debentures or securities issued by a Government or local authority or other marketable securities of a like nature: 3) 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: 4) the carrying on of any class of insurance business; 5) 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; 6) collecting, for any purpose or under any scheme or arrangement by whatever name called, monies in lumpsum 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 7) a financial institution which is a company; 8) 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; 9) such other non-banking institution or class of such institutions, as the Bank may, with the previous approval of the Central Government 1. D. CAPITAL REQUIREMENTS 2. The company should have the net owned fund of Rs. 25 Lacs. 3. The net owned fund has been defined undr Chapter IIIa of RBI Act, 1934. 4. Maximum Capital of NBFC should not exceed Rs. 200 Lacs. 1. E. CAPITAL ADEQUCY for NBFC-ND-SI 2. Non Banking Financial Companies- Non Deposit taking/holding- Systematically Important 3. This requirement is for the companies whose NBFC- ND with an asset size of Rs. 100 cr or more as per the last audited balance sheet. 4. The companies are required to maintain Capital to Risk Weighted Assets Ratio (CRAR) of 15%. 5. The companies will devise their own exposure norms in respect of single company and the group of companies to which it belongs. 1. F. SUBMISSION OF ANNUAL STATEMENT AND RETURNS 2. NBFC-ND-SI are required to submit annual statement of capital funds, risk assets ratio etc. in form NBS-7 within a period of 3 years from the close of the year. The same could be submitted electronically as well as physically. User ID and Passwords are required to be obtained from 3. Further Capital Adequacy, Liquidity and other disclosure norms have been incorporated in Non-Banking Financial (Non Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007. 1. i. Capital Adequacy of 15% to be maintained. 2. ii. Disclosures in the Balances Sheet 1. CRAR 2. Exposure to Realty Sector both direct and indirect 3. Maturity Patterns for assets and liabilities 4. ALM Returns are required to be submitted by NBFC- ND-SI 1. i. ALM1- Statement of short term dynamic liquidity- Monthly 2. ii. ALM2- Statement of short term structural liquidity- Half Yearly 3. iii. ALM3- Statement of Interest Rate Sensitivity – Half Yearly 1. G. CAPITAL COMPOSITION 1. Perpetual Debt Instruments would comprise of 15% of the Tier Capital to the maximum extent. 1. H. FURHTER RULES & REGULATIONS
By: CA Rachit Agarwal - March 31, 2011
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