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    Meaning

    Insurance is a contract between two parties by which one of them called the insurer

    agrees to indemnify the other called the insured against the loss, which may be caused bythe happening of a certain event .The contract embodied in the document known as the

    policy. The insurer undertakes to indemnify the insured for a consideration in the form of

    money called the premium. The contingency insured is called the risk.

    Features

    1. Device to share the loss

    2. Co-operation of large number of persons to share the risk

    3. The risk valued before insuring, Premium depends on the quantum of risk

    4. Payment made on the happening of contingency.

    5. Different from gambling

    6. Different from charity

    Principles or legal aspects of insurance

    1.Utmost good faith (Insurer and insured should have on each other)

    2.Proximate cause (Close relationship of the cause insured)

    3.Insurable interest in the subject matter of insurance(Third party cannot claim0

    4.Indemnity (Compensating the loss)

    5.Subrogation(Stepping into the shoes of others after compensating)

    6. Principles of mitigation of loss(Efforts to minimize the loss)

    7.Contract (Insurance is a contract and it needs the elements of valid contract )

    Principles

    1.General principles(The insurance contract must contain all the essential elements of a

    valid contract like Offer and Acceptance, Legal consideration, Capacity to contract, Free

    consent, Legal object etc)

    II.Special principles-

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    1.Insurable interest(It is a pecuniary interest whereby the policyholder is benefited by

    the existence of the subject matter and shall be put to loss by the death or damage of the

    subject matter)

    2.Utmost good faith (Absolute good faith where both the parties to the contract mustdisclose all the material facts truly and fully)

    3.Principle of indemnity (Undertaking by the insurer to indemnify the insured fo loss

    occurring due to risk covered)

    4.Subrogation (After the insured compensated for the loss caused by the damage to the

    property insured by him ,The right of owner ship of such damaged property shall pass on

    to the insurer )

    5.Warranties(it is a very important condition in the insurance contract which is to be

    fulfilled by the insured)

    6.Cause proxima (Proximate cause and not the distant cause to be considered .The real

    cause of loss must be considered while payment of the loss)

    8.Assignment and nomination

    1. Assignment means transfer of the right to claim the money from the insurance

    company

    2. Nomination refers to the conferring the right to receive payment of the policy in the

    event of death of the policy holder )

    Types of insurance

    1.Life insurance

    It is a contract where by the insurer in consideration of a periodical payment known as

    premium, undertakes to pay to the insured a certain sum of money to him on his reaching

    a certain age or his assignees or nominees in the event of his death which ever is earlier.

    I. Life Insurance policy

    1.whole life policy (Money payable by insurer after death of the policy holder)

    2.Endowment policy (Money payable on death or at maturity which occurs first)

    3.Term assurance (For fixed term cover)

    4.Joint life policy (Jointly insured, survivor gets benefit)

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    5.Group Insurance(Policy taken by group of persons)

    6.Children endowment policy (Below 18 years)

    7.Annuity policies (Pension type policies)

    8.With or without profit policy9.Money back policy(Money repaid in installments by insurer, If death occurs before

    maturity full amount with bonus repaid without deduction of amount repaid)

    2.General insurance

    All other types of insurance except life insurance comes under one classification known

    as general insurance. It is also basically a contract and the three elements like Atmost

    good faith, insurable interest; Indemnity must be present in general insurance contract

    also. Under general insurance all the other risks except life, like Fire accident, Theft,

    cargo etc are covered.

    II. General (Non-Life Insurance)

    Types of Fire policy

    Specific policy

    Valued policy

    Floating policy

    Replacement policy

    Loss of profit policy

    Comprehensive policy etc

    Marine Insurance policy

    Voyage policy (Place of origin and destination)

    Time policy (For fixed time of voyage)

    Mixed policy (Both for time and voyage)

    Valued and unvalued policy

    Floating policy etc

    Misc Insurance

    Engineering insurance (motor etc)

    Aviation insurance (aero plane)

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    House holder policy

    Fidelity guarantee policy(Employee mishandling of cash)

    Burglary, theft and robbery etc

    Motor InsuranceHealth Insurance

    Totally there are 12 players in Non life industries. 4 in Public Sector, 8 in private sector,

    except Reliance, all other private players have foreign equity 26%.

    Insurance Regulatory and Development Authority:

    It was initially constituted through a government resolution. The IRDA act 1999 enacted

    in the fiftieth year of republic of India. It is a body corporate having perpetual succession

    and a common seal with power to acquire ,hold and dispose of property and to contract.

    The IRDA shall have the duty to regulate ,promote and ensure orderly growth of the

    insurance and reinsurance business.

    Actuary

    An insurance expert who have the professional knowledge and training in calculation of

    risk and premium.

    CHALLENGES FACING INSURANCE INDUSTRY

    Threat of New Entrants: The insurance industry has been budding with newentrants every other day. Therefore the companies should carve out niche areas

    such that the threat of new entrants might not be a hindrance. There is also a

    chance that the big players might squeeze the small new entrants.

    Power of Suppliers: Those who are supplying the capital are not that big a threat.For instance, if someone as a very talented insurance underwriter is presently

    working for a small insurance company, there exists a chance that any big player

    willing to enter the insurance industry might entice that person off.

    Power of Buyers: No individual is a big threat to the insurance industry and bigcorporate houses have a lot more negotiating capability with the insurance

    companies. Big corporate clients like airlines and pharmaceutical companies pay

    millions of dollars every year in premiums.

    Availability of Substitutes: There exist a lot of substitutes in the insuranceindustry. Majorly, the large insurance companies provide similar kinds of services

    be it auto, home, commercial, health or life insurance.

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    Introduction:

    Claim management refers to management of claims by the Insurance companies .It gives

    customers satisfaction and it increases administrative efficiency and prompt claim

    settlements increases the reputation and market share of the insurer.

    Legally no claim is acceptable in respect of lapsed policy or death of the life assured

    occurring within 3 years from the date of commencement of policy.

    Types of life insurance claim

    CLAIM MANAGEMENT

    (LIFE INSURANCE)

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    1.Maturity claim

    2.Death claim

    Common Features:

    Policy must be in force

    Insured must be covered No outstanding of premium Claim is covered Necessity for legal scrutiny

    1.Maturity claim

    If the life insured survives the full term then basic sum assured is payable as per terms

    Endowment and Money back policies are eligible. Amount payable includes sum assured

    + Bonus as per terms. Atleast 2 months before the maturity date information sent to the

    life assured by the insurance company with a blank discharge form for signature and

    filling of particulars.

    Documents to be submitted:

    Identity should be proved Age stands admitted (Age proof) Original policy to be submitted Completed discharge voucher to be submitted Deed of assignment/reassignment if any etc

    2.Death claim

    Meaning:Insured dies before the expiry of term

    Essentials:

    Intimated in writing to insurer by Nominee, Assignee, Relative, Employer, Agentetc

    Policy number, Name of the insured, Cause of death, date of death etc to bementioned

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    Identity of deceased establishedDocument Submission:

    Original policy, Deed of assignment, Age proof, Death certificate, Legal evidence of

    title, discharge form executed, Property witnessed, For accidental death (FIR, Policeinquest report, Postmortem report), etc

    Death claim within 3 years from the date of policy(Essentials)

    Medical attendant statement of last illness Statement from the admitted hospital Statement from person attended funeral/seen dead body Statement from employer showing details of leave Statement from police ,Postmortem report etc for unnatural death Claim intimation after 3 yearsTime barred and claim is not valid Death within 2 yearsInvestigation necessary Death of Defense personnel-Certificate from commanding officer Original Policy lost- Advt necessary

    Appeal against settlement by insured

    Claims review committee of LIC

    Insurance ombudsman set up for this purpose.

    **********************

    NON-BANKING FINANCIAL COMPANY (NBFC)

    Introduction: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 likemarketable 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. A non-banking institution which is a companyand which has its principal business of receiving deposits under any scheme or arrangement or

    any other manner, or lending in any manner is also a non-banking financial company (Residuary

    non-banking company).

    Difference between Banks & NBFCS

    NBFCs are doing functions akin to that of banks; however there are a few differences:

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    1. an NBFC cannot accept demand deposits;2. an NBFC is not a part of the payment and settlement system and as such an NBFC cannot

    issue cheques drawn on itself; and

    3. deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is notavailable for NBFC depositors unlike in case of banks.

    NBFC Regulation

    The Reserve Bank of India is entrusted with the responsibility of regulating and supervising theNon-Banking Financial Companies by virtue of powers vested in Chapter III B of the Reserve

    Bank of India Act, 1934. The regulatory and supervisory objective, is to:

    a. ensure healthy growth of the financial companies;b. ensure that these companies function as a part of the financial system within the policy

    framework, in such a manner that their existence and functioning do not lead to systemic

    aberrations; and that

    c. the quality of surveillance and supervision exercised by the Bank over the NBFCs issustained by keeping pace with the developments that take place in this sector of the

    financial system.The RBI has issued detailed directions on prudential norms, vide Non-Banking FinancialCompanies Prudential Norms (Reserve Bank) Directions, 1998. The directions interalia,prescribe guidelines on income recognition, asset classification and provisioning requirements

    applicable to NBFCs, exposure norms, constitution of audit committee, disclosures in the

    balance sheet, requirement of capital adequacy, restrictions on investments in land and buildingand unquoted shares.

    NBFC registration with RBIIn terms of Section 45-IA of the RBI Act, 1934, it is mandatory that every NBFC should be

    registered with RBI to commence or carry on any business of non-banking financial institution as

    defined in clause (a) of Section 45 I of the RBI Act, 1934.

    However, to obviate dual regulation, certain categories of NBFCs which are regulated by other

    regulators are exempted from the requirement of registration with RBI viz. Venture Capital

    Fund/Merchant Banking companies/Stock broking companies registered with SEBI, InsuranceCompany holding a valid Certificate of Registration issued by IRDA, Nidhi companies as

    notified under Section 620A of the Companies Act, 1956, Chit companies as defined in clause

    (b) of Section 2 of the Chit Funds Act, 1982 or Housing Finance Companies regulated byNational Housing Bank.

    A company incorporated under the Companies Act, 1956 and desirous of commencing businessof non-banking financial institution as defined under Section 45 I(a) of the RBI Act, 1934 should

    have a minimum net owned fund of Rs 25 lakh (raised to Rs 200 lakh w.e.f April 21, 1999).

    The company is required to submit its application online by accessing RBIs secured websitehttps://secweb.rbi.org.in/COSMOS/rbilogin.do (the applicant companies do not need to log on to

    the COSMOS application and hence user ids for these companies are not required). The

    company has to click on CLICK for Company Registration on the login page. A windowshowing the Excel application forms available for download would be displayed. The company

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    can then download suitable application form (i.e. NBFC or SC/RC) from the above website, key

    in the data and upload the application form. The company may note to indicate the name of the

    correct Regional Office in the field C-8 of the Annx-Identification Particulars worksheet ofthe Excel application form. The company would then get a Company Application Reference

    Number for the CoR application filed on-line. Thereafter, the company has to submit the hard

    copy of the application form (indicating the Company Application Reference Number of its on-line application), along with the supporting documents, to the concerned Regional Office. The

    company can then check the status of the application based on the acknowledgement number.

    The Bank would issue Certificate of Registration after satisfying itself that the conditions asenumerated in Section 45-IA of the RBI Act, 1934 are satisfied.

    Types of NBFCs registered with RBIOriginally, NBFCs registered with RBI were classified as:

    Equipment leasing company; Hire-purchase company; Loan company; Investment company.

    However, with effect from December 6, 2006 the above NBFCs registered with RBI have beenreclassified as

    (i) Asset Finance Company (AFC)(ii) Investment Company (IC)(iii) Loan Company (LC)AFC would be defined as any company which is a financial institution carrying on as its

    principal business the financing of physical assets supporting productive/economic activity, such

    as automobiles, tractors, lathe machines, generator sets, earth moving and material handlingequipments, moving on own power and general purpose industrial machines. Principal business

    for this purpose is defined as aggregate of financing real/physical assets supporting economic

    activity and income arising therefrom is not less than 60% of its total assets and total income

    respectively.

    The above type of companies may be further classified into those accepting deposits or those notaccepting deposits.

    Some important regulations (Relating to acceptance of deposits by NBFCs)

    i. The NBFCs are allowed to accept/renew public deposits for a minimum period of 12months and maximum period of 60 months. They cannot accept deposits repayable ondemand.

    ii. NBFCs cannot offer interest rates higher than the ceiling rate prescribed by RBI fromtime to time. The present ceiling is 12.5 per cent per annum. The interest may be paid or

    compounded at rests not shorter than monthly rests.iii. NBFCs cannot offer gifts/incentives or any other additional benefit to the depositors.iv. NBFCs (except certain AFCs) should have minimum investment grade credit rating.v. The deposits with NBFCs are not insured.

    vi. The repayment of deposits by NBFCs is not guaranteed by RBI.vii. Certain mandatory disclosures are to be made about the company in the Application

    Form issued by the company soliciting deposits.viii. Effective from April 24, 2004, NBFCs cannot accept deposits from NRIs

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    Deposit and public deposit (Exclusions)

    The term deposit is defined under Section 45 I(bb) of the RBI Act, 1934. Deposit includesand shall be deemed always to have included any receipt of money by way of deposit or loan or

    in any other form but does not include:

    amount raised by way of share capital, or contributed as capital by partners of a firm;

    amount received from scheduled bank, co-operative bank, a banking company, StateFinancial Corporation, IDBI or any other institution specified by RBI;

    amount received in ordinary course of business by way of security deposit, dealershipdeposit, earnest money, advance against orders for goods, properties or services;

    amount received by a registered money lender other than a body corporate; amount received by way of subscriptions in respect of a Chit.

    Paragraph 2(1)(xii) of the Non-Banking Financial Companies Acceptance of Public Deposits (

    Reserve Bank) Directions, 1998 defines a public deposit as a deposit as defined underSection 45 I(bb) of the RBI Act, 1934 and further excludes the following:

    amount received from the Central/State Government or any other source whererepayment is guaranteed by Central/State Government or any amount received from localauthority or foreign government or any foreign citizen/authority/person;

    any amount received from financial institutions; any amount received from other company as inter-corporate deposit; amount received by way of subscriptions to shares, stock, bonds or debentures pending

    allotment or by way of calls in advance if such amount is not repayable to the membersunder the articles of association of the company;

    amount received from shareholders by private company; amount received from directors or relative of the director of an NBFC; amount raised by issue of bonds or debentures secured by mortgage of any immovable

    property or other asset of the company subject to conditions;

    the amount brought in by the promoters by way of unsecured loan; amount received from a mutual fund; any amount received as hybrid debt or subordinated debt; any amount received by issuance of Commercial Paper.

    Thus, the directions exclude from the definition of public deposit, amount raised from certain set

    of informed lenders who can make independent decision.

    The list of registered NBFCs is available on the web site of Reserve Bank of India and can be

    viewed atwww.rbi.org.in.

    Requirements for accepting Public Deposits

    All NBFCs are not entitled to accept public deposits. Only those NBFCs holding a validCertificate of Registration with authorisation to accept Public Deposits can accept/hold public

    deposits. NBFCs authorised to accept/hold public deposits besides having minimum stipulated

    Net Owned Fund (NOF) should also comply with the Directions such as investing part of thefunds in liquid assets, maintain reserves, rating etc. issued by the Bank. There is a ceiling on

    acceptance of Public Deposits. An NBFC maintaining required NOF/Capital to Risk Assets

    http://www.rbi.org.in/http://www.rbi.org.in/http://www.rbi.org.in/http://www.rbi.org.in/
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    Ratio (CRAR) and complying with the prudential norms can accept public deposits as per the

    guidelines issued to Asset Finance Company ,Loan company/Investment Company etc

    ( Owned Fund means aggregate of the paid-up equity capital and free reserves as disclosed in

    the latest balance sheet of the company after deducting therefrom accumulated balance of loss,

    deferred revenue expenditure and other intangible assets. "Net Owned Fund" is the amount asarrived at above minus the amount of investments of such company in shares of its subsidiaries,

    companies in the same group and all other NBFCs and the book value of debentures, bonds,outstanding loans and advances made to and deposits with subsidiaries and companies in the

    same group, to the extent it exceeds 10% of the owned fund.)

    Rating of NBFCs before it accepts depositAn unrated NBFC, except certain Asset Finance companies (AFC), cannot accept public

    deposits. An exception is made in case of unrated AFC companies with CRAR of 15% which

    can accept public deposit without having a credit rating upto a certain ceiling depending upon itsNet Owned Funds .An NBFC may get itself rated by any of the four rating agencies namely,

    CRISIL, CARE, ICRA and FITCH Ratings India Pvt. Ltd.

    Eg: The symbols of minimum investment grade rating of the Credit rating agencies are:

    Name of rating agenciesNomenclature of minimum investment

    grade credit rating (MIGR)

    CRISIL FA- (FA MINUS)

    ICRA MA- (MA MINUS)

    CARE CARE BBB (FD)

    FITCH Ratings India Pvt. Ltd. tA-(ind)(FD)

    It may be added that A- is not equivalent to A, AA- is not equivalent to AA and AAA- is notequivalent to AAA.

    If rating of an NBFC is downgraded to below minimum investment grade rating, it has to stopaccepting public deposit, report the position within fifteen working days to the RBI and reduce

    within three years from the date of such downgrading of credit rating, the amount of excess

    public deposit to nil or to the appropriate extent permissible under paragraph 4(4) of Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998.

    Depositor and their redressal of grievancesDepositor should bear in mind while depositing money with NBFCs

    1.Public deposits are unsecured.

    2.A proper deposit receipt which should, besides the name of the depositor/s, state the date ofdeposit, the amount in words and figures, rate of interest payable and the date of maturity.

    Depositor/s should insist on the above and also ensure that the receipt is duly signed by an

    officer authorised by the company in that behalf.3.The Reserve Bank of India does not accept any responsibility or guarantee about the present

    position as to the financial soundness of the company or for the correctness of any of the

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    statements or representations made or opinions expressed by the company and for repayment of

    deposits/discharge of the liabilities by the company.4.There is no Ombudsman for hearing complaints against NBFCs

    5.If an NBFC defaults in repayment of deposit, the depositor can approach Company Law Board

    or Consumer Forum or file a civil suit in a court of law to recover the deposits.

    6.As per Reserve Banks Directions, overdue interest is payable to the depositors in case thecompany has delayed the repayment of matured deposits,

    6.On the defaulting NBFCs official Liquidator is appointed by the court after giving the

    company reasonable opportunity of being heard in a winding up petition. The liquidator performsduties of winding up and such duties in reference thereto as the court may impose.

    Responsibilities of the NBFCs to RBI

    A)NBFCs accepting/holding public deposits

    The NBFCs accepting public deposits should furnish to RBI

    i. Audited balance sheet of each financial year and an audited profit and lossaccount in respect of that year as passed in the annual general meeting togetherwith a copy of the report of the Board of Directors and a copy of the report andthe notes on accounts furnished by its Auditors;

    ii. Statutory Annual Return on deposits - NBS 1;iii. Certificate from the Auditors that the company is in a position to repay the

    deposits as and when the claims arise;iv. Quarterly Return on liquid assets;v. Half-yearly Return on prudential norms;

    vi. Half-yearly ALM Returns by companies having public deposits of Rs. 20 croreand above or with assets of Rs. 100 crore and above irrespective of the size ofdeposits ;

    vii. Monthly return on exposure to capital market by companies having publicdeposits of Rs. 50 crore and above; and

    viii. A copy of the Credit Rating obtained once a year along with one of the Half-yearly Returns on prudential norms as at (v) above.

    B)NBFCs not accepting/holding public deposits

    The NBFCs having assets of Rs. 100 crore and above but not accepting public deposits arerequired to submit a Monthly Return on important financial parameters of the company. All

    companies not accepting public deposits have to pass a board resolution to the effect that they

    have neither accepted public deposit nor would accept any public deposit during the year.

    However, all the NBFCs (other than those exempted) are required to be registered with RBI and

    also make sure that they continue to be eligible to retain the Registration. Further, all NBFCs

    (including non-deposit taking) should submit a certificate from their Statutory Auditors everyyear to the effect that they continue to undertake the business of NBFI requiring holding of CoR

    under Section 45-IA of the RBI Act, 1934.

    RBI has powers to cause Inspection of the books of any company and call for any other

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    information about its business activities. For this purpose, the NBFC is required to furnish the

    information in respect of any change in the composition of its Board of Directors, address of thecompany and its Directors and the name/s and official designations of its principal officers and

    the name and office address of its Auditors. With effect from April 1, 2007, non-deposit taking

    NBFCs with assets of Rs 100 crore and above were advised to maintain minimum CRAR of 10%

    and also comply with single/group exposure norms. The companies have to achieve CRAR of12% by March 31, 2009 and 15% by March 31, 2010.

    Liquid asset requirement for the deposit taking companiesIn terms of Section 45-IB of the RBI Act, 1934, the minimum level of liquid asset to be

    maintained by NBFCs is 15 per cent of public deposits outstanding as on the last working day ofthe second preceding quarter. Of the 15%, NBFCs are required to invest not less than ten percent

    in approved securities and the remaining 5% can be in unencumbered term deposits with any

    scheduled commercial bank. Thus, the liquid assets may consist of Government securities,

    Government guaranteed bonds and term deposits with any scheduled commercial bank.

    The investment in Government securities should be in dematerialised form which can bemaintained in Constituents Subsidiary General Ledger (CSGL) Account with a scheduledcommercial bank (SCB) / Stock Holding Corporation of India Limited (SHICL). In case ofGovernment guaranteed bonds the same may be kept in dematerialised form with SCB/SHCIL or

    in a dematerialised account with depositories [National Securities Depository Ltd.

    (NSDL)/Central Depository Services (India) Ltd. (CDSL)] through a depository participantregistered with Securities & Exchange Board of India (SEBI). However in case there are

    Government bonds which are in physical form the same may be kept in safe custody of

    SCB/SHCIL.

    NBFCs have been directed to maintain the mandated liquid asset securities in a dematerialised

    form with the entities stated above at a place where the registered office of the company is

    situated. However, if an NBFC intends to entrust the securities at a place other than the place atwhich its registered office is located, it may do so after obtaining the permission of RBI in

    writing. It may be noted that liquid assets in approved securities will have to be maintained in

    dematerialised form only.The liquid assets maintained as above are to be utilised for payment ofclaims of depositors. However, deposit being unsecured in nature, depositors do not have direct

    claim on liquid assets.

    NBFCS exempted from registrationHousing Finance Companies, Merchant Banking Companies, Stock Exchanges, Companies

    engaged in the business of stock-broking/sub-broking, Venture Capital Fund Companies, Nidhi

    Companies, Insurance companies and Chit Fund Companies are NBFCs but they have beenexempted from the requirement of registration under Section 45-IA of the RBI Act, 1934 subject

    to certain conditions.Housing Finance Companies are regulated by National Housing Bank,

    Merchant Banker/Venture Capital Fund Company/stock-exchanges/stock brokers/sub-brokersare regulated by Securities and Exchange Board of India, and Insurance companies are regulated

    by Insurance Regulatory and Development Authority. Similarly, Chit Fund Companies are

    regulated by the respective State Governments and Nidhi Companies are regulated by Ministryof Corporate Affairs, Government of India.It may also be mentioned that Mortgage Guarantee

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    Companies have been notified as Non-Banking Financial Companies under Section 45 I(f)(iii) of

    the RBI Act, 1934. Any person who is an individual or a firm or unincorporated association ofindividuals which carry on activities like that of NBFCs. cannot accept deposits except by way of

    loan from relatives, if his/its business wholly or partly includes loan, investment, hire-purchase

    or leasing activity or principal business is that of receiving of deposits under any scheme or

    arrangement or in any manner or lending in any manner.

    Residuary Non-Banking Company (RNBC)Residuary Non-Banking Company is a class of NBFC which is a company and has as itsprincipal business the receiving of deposits, under any scheme or arrangement or in any other

    manner and not being Investment, Asset Financing, Loan Company. These companies are

    required to maintain investments as per directions of RBI, in addition to liquid assets. Thefunctioning of these companies is different from those of NBFCs in terms of method of

    mobilisation of deposits and requirement of deployment of depositors" funds as per Directions.

    Besides, Prudential Norms Directions are applicable to these companies also.There is no ceiling

    on raising of deposits by RNBCs but every RNBC has to ensure that the amounts deposited and

    investments made by the company are not less than the aggregate amount of liabilities to thedepositors.To secure the interest of depositor, such companies are required to invest in a

    portfolio comprising of highly liquid and secure instruments viz. Central/State Governmentsecurities, fixed deposits with scheduled commercial banks (SCB), Certificate of deposits of

    SCB/FIs, units of Mutual Funds, etc.No Residuary Non-Banking Company shall forfeit any

    amount deposited by the depositor, or any interest, premium, bonus or other advantage accruedthereon.Minimum rate of interest payable by RNBCs on deposits and maturity period of deposits

    are prescribed . RNBC can accept deposits for a minimum period of 12 months and maximum

    period of 84 months from the date of receipt of such deposit. They cannot accept deposits

    repayable on demand.

    Meaning:

    It is a French term. It is a partnership between life insurance company and a banking

    institution to promote the insurance products. Bancassurance provide benefits to the

    banks, Insurer and the insured. All the schedule commercial banks are allowed to enter

    into Insurance business as agents to insurance companies on basis of fees without any

    risk participation and has to get prior approval from RBI.

    BANCASSURANCE

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    Risk involved in insurance business should not be transferred to banking business.

    Need for banc assurance

    Traditional insurance promotion methods are costly and obsolete The agents commission contributes high percentage in premium Insurance companies difficult to maintain market share Huge customer data base of banks can be utilized for insurance Insurers can design products according to customer need Brand name of bank increases customers confidentiality The network branches helps effective insurance operations also Effective utilization and increasing returns of assets by the banks Helps to banks to leverage their strengths and overcome their weakness Experiences in marketing, technology possessed by banks can be utilized Customer services can be improved

    Models of agreements

    Distribution alliance(Life Insurance company tie up with a bank to distribute itsinsurance products)

    Joint venture(Partnership between bank with a well developed customer data baseand the large life insurance company to develop a new distribution model)

    Leveraged life distribution(The Insurance company takes the leading role in thepartnership agreement and the banks act as corporate agents)

    Leveraged bank distribution (The bank takes the leading role in the partnershipagreement and the life insurance company supplies products)

    Components of a successful banc assurance

    Proper allocation of assets and resources between the bank and insurance company Information system has to be reviewed to suit the requirement Performance measurement system to be developed Traditional process to be redesigned to utilize the new technology Effectiveness of sales channels to be improved Product had to be tailored to meet the needs of the customers

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    Positioning insurance product using bank brandExamples

    LIC with corporation bank and oriental bank of commerce

    Bajaj Allianz with bank of Punjab, Bank of Rajasthan etcAdvantages

    I.To the Institutions (Bank &Insurance company)

    Resources can be shared and properly utilized Brand name can be utilized Promotion of insurance products easy Adequate Financial sources can be mobilized Latest technology and distribution can be availed Quality and customer driven approach is possible Higher productivity with minimum capital and expenses Customer database effectively used.

    II.To the customers

    Known brand Prompt service Quality product, Service assured and increase in credibility Easy approach and selection of suitable products etc

    Disadvantages

    Any service failure will affect the brand image Insurance is not always a profitable business Regulations has to be properly adhered Insurance cannot be forced but it is a matter of solicitation If not properly handled it will affect both the institutions It needs a new approach and adjustability normally there will be resistance to change FINANCIAL MARKETS( INDIAN/INTERNATIONAL)

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    Meaning: Financial markets refer to the institutional arrangements for dealing in financial

    assets and credit instruments of different types such as currency, cheques, bank

    deposits, bills, bonds etc. Functions of financial markets: 1. To facilitate creation and allocation of credit and liquidity 2. To serve as intermediaries in the process of mobilization of savings in the

    economy

    3. To provide financial convenience to the people 4. To assist the process of economic development through a more balanced

    regional and sectoral distribution of investible funds

    Components of Financial Markets A)MONEY MARKET (call money, Treasury bill,Term money,Repos,Certifiicate of

    deposits,Commercial papers,Inter bank Swaps ,Forwards etc)

    B)CAPITAL MARKET (Debt market ,Equity market, Derivative market) C)FOREX MARKET (Export,Import,Capital movements etc) A.Categories of Indian financial markets: I.Money market It refers to the institutional arrangements facilitating borrowing and lending of

    short term funds. Facilities utilized by banks and commercial bill markets.

    The constituents are 1 . Call money market(Refers to the market for extremely short period loans.Banks

    borrow to meet sudden demand of funds ,Funds given for 2-14 days are called as notice

    money ).

    2. Collateral loan market(securities like stock and bonds used as security) 3.Acceptance market (Bankers acceptance can be easily sold or discounted in

    Market),

    4.Bill market(Short term papers like bills of exchange, Commercial paper and thetreasury bills bought and sold0

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    5.Repo(Banks sell security to other bank and purchase it at a later date at apredetermined price at the end of period.Repos (ready forward transactions)and

    open market operation used by RBI to control over heated Call Money

    Market..RBI used Repos through Security trading corporation of india, Discountfinance house of india to pump money to increase liquidity)

    6. Certificate of deposits(Introduced in 1989.Can be issued only by Scheduledcommercial banks except RRBs. Minimum 1 crore ,Multiples of 25 lakhs. Maturity not

    less than 3 years not more than 1 year)

    7.Commercial paper(Introduced in Jan 1990 by RBI.Is a usance issued promissory noteissued by a company to raise short term funds in money market.Maturity 3 months and

    less than one year.)

    8. Treasury Bills(Minimum amount one lakh and multiple of lakhs .Maturity of 182days.Issued and repaid at Mumbai only. Issued by RBI in tender ,once in a month(Last

    Friday).State Govt. and PFs not eligible to invest )

    II.Capital market It refers to the institutional arrangements facilitating borrowing and lending of

    long term funds. It is divided into Govt securities market, Industrial security

    market and Long-term loan market.

    1.Govt securities market It is a market where govt securities are traded. This is also called guilt edged

    security market. It is divided into Govt -stock certificates, Govt- promissory notes,

    Govt- Bearer bonds. Govt securities held /issued by RBI through Public debt

    office.Issued in denomination of Rs 1,000.Interest payable half yearly, Interest

    exempt from IT upto a limit.Trading only to banks, Financial institutions &PFs.Govt security means govt debts(Guaranteed by central/state govt) to other

    sectors of the economy.

    Govt -stock certificates

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    It is one of the guilt edged securities. Public debt issued in the form of stock. Theowner gets a certificate of the public debt office (PDO). This certificate indicate

    interest rate, interest due date, Face value. Not transferable by endorsement but

    transfers carried by transfer deed. Govt- promissory notes It is one of the guilt edged securities .It contains a promise by the president of

    India/Governor of state for payment to the holder the consideration along with

    interest. These are negotiable instruments payable to the order of a specified

    person and transferable by endorsements.

    Govt- Bearer bonds It is one of the guilt edged securities .It certify the bearer for entitlement for a

    specified sum along with interest payable by interest warrants attached along with

    the bonds. Transferable by physical delivery.

    2.Industrial security market It is a market where industrial concerns raise funds through issue of industrial

    securities like equity shares, Preference shares, Debentures and Bonds.

    Primary market It creates long-term instruments through which corporate entities borrow from the

    capital market. To meet the financial requirement of their projects companies

    raises capital through issue of securities like shares and debentures. A capital

    issue controlled by the capital issue control act 1947.It was substituted by SEBI

    guidelines under SEBI act 1992.The methods of issue involved are public issue,

    Rights issue, bonus issue, Private placement, Bought out deal. The players

    involved in the primary market are issuing companies, Intermediaries like

    merchant bank, brokers etc and the investors i.e General public. New issue by new

    co, further issue by existing co-equity shares, pre shares, debentures, bonds, govt

    securities etc

    Secondary market.

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    It is the segment of capital market where the securities already issued are traded. Itoperates through the medium of stock exchanges, which regulates the trading

    activities in this market and ensures safety and fair dealing to the investors. The

    activities consist of listing, Trading, Settlement and clearing.Trading in existingsecurities, Listing of new issues for investment and disinvestment, Imparting liquidity or

    encashability to stocks and shares.

    3.Long-term loan market Term loan market Financial institutions provide long term and medium term loans to corporate entity

    directly and indirectly.

    Mortgages market

    Mortgage loans are extended to individual customers. Mortgage loans are givenagainst the security of immovable property like land and building, Plant and

    machinery etc. Mortgage market divided into primary market (Credit is originally

    extended) and secondary market (sale and resale of existing mortgages at ruling

    rates).

    Market for financial guarantee Finance provided on the strength of guarantee of a reputed person. Guarentee is

    nothing but a contract to discharge the liability of a third party in case of default.

    Guarantee may be Specific, continuing, Unsecured, Implicit, Explicit,

    Performance, Financial etc

    Capital market securities/Forms of borrowing Equity and preference shares, Debentures (Convert, Non convert),Loans and advances

    (From banks, Fin institutions, Foreign currency loans, deferred payment credit etc)

    ,Deposits from public, Inter corporate lendings, Lease finance/hire purchase

    III.Forex market Paper denominated in a given currency is always traded against paper denominated in

    other currency. No fixed place for Trading. It functions for 24 hours a day. ommunication

    done through telephone, computer,Telex and other modes .The rate at which one

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    currency is converted into another currency is the rate of exchange between two

    currencies. The exchange rate obtained from quotation in foreign exchange rate market

    an it is quoted in two ways called direct, indirect quotation. There exist various

    participants in the forex markets like Importers, Exporters, Commercial banks, Brokers,

    Central bank, Authorized dealers, Authorized moneychangers

    B.International capital market (Categories) Because of cross border equity investment restrictions prevailed before 1970s the

    international capital market focused on debt financing and equity financing dealt

    only in the local markets. Because of liberalization and globalization international

    equity market assessed through issue of an intermediate instrument called

    Depository Receipt. It is a negotiable certificate issued by a Depository bank,

    which represent the beneficial interest in shares issued by a company.

    International capital market classified into two types Called international bondmarket and international equity market.

    1.International bond market Consist of Foreign Bond, Euro Bond. Foreign Bond Consist of

    Yankee bond (Issued by foreign borrowers in US bond market), Samurai bond(Issued by non Japanese in Japanese market), Shibosai Bond(Privately placed inJapanese market), Bulldog Bond (Bonds raised in UK domestic Securities market). Euro Bond Consist of Euro dollar, Euro Yen, Euro Pounds. 2.International Equity market Consists of Foreign equity, Euro equity. Foreign equity Consist of

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    American Depository receipts (Dollar dominated negotiable certificate, A non UScompanys publicly traded equity in US).

    Euro equity Consist of

    Global Depository receipts (Negotiable instrument which represents publiclytraded local currency equity share)

    FDI IN INSURANCE

    New Delhi: After the setback on FDI in retail, government was in for another jolt as a

    Parliamentary Committee has rejected its proposal for raising the foreign investment cap in

    insurance sector from 26 percent to 49 percent.

    Apart from various aspects of the insurance bill, the Standing Committee on Finance also asked

    the government to bring an integrated modern banking law for India, instead of bringingpiecemeal amendments.

    The Committee, which adopted its report on Insurance Laws (Amendment) Bill, 2008, today saidkeeping in mind the present global scenario, any hike in foreign equity would not be in the

    interest of Indian companies.

    Parliamentary Committee has rejected its proposal for raising the foreign investment cap in

    insurance sector from 26 percent to 49 percent.

    It also recalled that Parliament was assured that the present cap of 26 per cent will not be

    breached in future. The Committee also recommended that the present statement of objectives of

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    the Bill should be redrafted as it gives a misleading impression that the issue of foreign

    participation in Indian insurance companies was decided upon the recommendations of an expertcommittee, which is not a fact.

    It also said that in health insurance business, a company with with a minimum Rs 100 crore

    capital should only be allowed to set up shop and hence the present requirement of Rs 50 croreshould be accordingly increased.

    On the issue of foreign insurance companies planning business in special economic zones, the

    committee has recommended that no unregistered foreign entity should be allowed to operate in

    areas governed by SEZ Act, 2005.

    On the Banking Laws (Amendment) Bill, 2011, the Committee said that to encourage corporate

    democracy, voting rights in private banks respect to the proportion of holding should beincreased from 10 per cent to 26 per cent.

    The Bill proposes to remove the voting right restriction of 10 per cent for private sector banks inthe total voting rights of all the shareholders of the banking company.

    In the case of private sector banks, the voting rights would be commensurate with investorsshareholding.

    The Bill seeks to amend the Banking Regulation Act, 1949, the Banking Companies (Acquisition

    and Transfer of Undertakings) Act, 1980, and to make consequential amendments in certain

    other enactments.

    According to the bill, the amendments would enhance the regulatory powers of the Reserve Bank

    of India and increase the access of the nationalised banks to the capital market to raise fundsrequired for expansion of the banking business