presentation on nbfc

PRESENTATION ON

NBFC

PREPARED BY:-

SECRETARIAL DEPARTMENT OF ASEEM GLOBAL LIMITED

CONTENTS

1. MEANING

2. NBFC VS BANK

3. TYPES OF NBFC

4. SALIENT FEATURES OF NBFC

5. REGISTRATION OF NBFC

6. LIST OF DOCUMENTS SUBMITTED WITH APPLICATION TO RBI

7. RESPONSIBILITIES OF NBFC

8. RATING OF NBFC

9. MEANING OF DEPOSIT AND PUBLIC DEPOSIT

10. PRE-PAYMENT OF PUBLIC DEPOSIT

11. LIQUID ASSET REQUIREMENT

12. DEFAULT IN REPAYMENT

13. OTHERS

1. MEANING

What is a non-banking financial company (NBFC)?

A non-banking financial company (NBFC) is

a company registered under the Companies Act, 1956 and

engaged in the business of

1. loans and advances,

2. acquisition of shares/stock/bonds/debentures/securities issued by government

or local authority or other securities of like marketable nature,

3. leasing,

4. hire-purchase,

5. insurance business,

6. chit business,

BUT DOES NOT INCLUDE

any institution whose principal business is that of

1. agriculture activity,

2. industrial activity,

3. sale/purchase/construction of immovable property.

NOTE:-

A non-banking institution which is a company and 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).

2. NBFC V/S BANK

NBFC are doing functions similar to banks. What is difference between banks & NBFC?

NBFC + I + II + III = BANK

I 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.)

II It is not a part of the payment and settlement system and as such cannot issue cheques to its customers; and

III Deposit insurance facility of DICGC is not available for NBFC depositors unlike in case of banks.

3. TYPES OF NBFC

What are the different types of NBFC registered with RBI?

Notes:

1. 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

2. The above types of companies may be further classified into those accepting deposits or

those not accepting deposits

3. Residuary Non-Banking Company is a class of NBFC which is a company and has as its

principal 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. The functioning of these companies is different from those of

NBFCs in terms of method of mobilisation of deposits and requirement of deployment of

depositors' funds. However, Prudential Norms Directions are applicable to these

companies also.

NBFC

TRADITIONAL APPROACH OF CLASSIFICATIO

N

MODERN APPROACH OF CLASSIFICATIO

NRESIDUARY

NBFC

Equipment Leasing Co.

Hire Purchase Company

Loan CompanyInvestment Company

Asset Finance Company Loan Company

Investment Company

4. SAILENT FEATURES OF NBFC

What are the salient features of NBFC regulations which the depositor may note at the times

of investment?

Some of the important regulations relating to acceptance of deposits by NBFCs are as under:

1. 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.

2. 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.

3. NBFCs cannot offer gifts/incentives or any other additional benefit to the depositors.

4. NBFCs (except certain AFCs) should have minimum investment grade credit rating.

5. The deposits with NBFCs are not insured.

6. The repayment of deposits by NBFCs is not guaranteed by RBI.

7. There are certain mandatory disclosures about the company in the Application Form issued by the company soliciting deposits

8. Public deposits are unsecured.

9. A proper deposit receipt which should, besides the name of the depositor/s state the date of deposit, the amount in words and figures, rate of interest payable and the date of maturity should be insisted. The receipt shall be duly signed by an officer authorized by the company in that behalf.

10. The Reserve Bank of India does not accept any responsibility or guarantee about the present statements or representations made or opinions expressed by the company and for repayment of deposits/discharge of the liabilities by the company.

.

5. REGISTRATION OF NBFC

COMPANY REGISTERED + REGISTRATION WITH RBI = REGISTRATION OF NBFC

(UNDER COMPANIES ACT 1956)

Is it necessary that every NBFC should be registered with RBI?

In 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 category of NBFCs which are regulated by

other regulators are exempted from the requirement of registration with RBI

What are the requirements for registration with RBI?

A company incorporated under the Companies Act, 1956 and desirous of commencing

business of 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 2 crore.

Note:

'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.

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 is arrived at. The amount thus calculated, to the extent it exceeds 10% of

the owned fund, is reduced from the amount of owned fund to arrive at 'Net Owned Fund'.

The company is required to submit its application for registration in the prescribed format

along with necessary documents for bank's consideration.

The bank issues certificate of registration after satisfying itself that the conditions as

enumerated in Section 45-IA of the RBI Act, 1934 are satisfied.

6. LIST OF DOCUMENTS SUBMITTED WITH APPLICATION TO RBI

Requirements to be complied with and documents to be submitted to RBI by NBFCs for obtaining certificate and Registration from RBI

1. Minimum NOF requirement Rs. 200 lakh.

2. Application to be submitted in two separate sets tied up properly in two separate files.

3.Annex II to be submitted duly signed by the director/Authorized signatory and certified by the statutory auditors.

4.Annex III (directors’ profile) to be separately filled up for each director. Care should be taken to give details of bankers in respect of firms/companies/entities in which directors have substantial interest.

5.In case the directors are associated or have substantial interest in other companies, indicate clearly the activity of the companies (whether NBFC or not).

6.Board Resolution specifically approving the submission of the application and its contents and authorizing signatory.

7.Board Resolution to the effect that the company has not accepted any public deposit, in the past (specify period)/does not hold any public deposit as on the date and will not accept the same in future without the prior approval of Reserve Bank of India in writing.

8.Board resolution stating that the company is not carrying on any NBFC activity/stopped NBFC activity and will not carry on/commence the same before getting registration from RBI.

9.Auditors Certificate certifying that the company is/does not accept/is not holding Public Deposit.

10. Auditors Certificate certifying that the company is not carrying on any NBFC activity.

11. Net owned fund as on date.

12.Certifying compliance with section 45S of Chapter IIIC of the RBI Act, 1934 in which director/s of the company has substantial interest.

13. Details of changes in the Memorandum and Articles of Association duly certified.

14. Last three years Audited balance sheet along with directors & auditors report.

15. Details of clauses in the memorandum relating to financial business.

16.Details of change in the management of the company during last financial year till date if any and reasons thereof.

17.Details of acquisitions, mergers of other companies if any together with supporting documents.

18. Details of group companies/associate concerns/subsidiaries/holding companies.

19.Details of infusion of capital if any during last financial year together with the copy of return of allotment filed with Registrar of Companies.

20.Details of the bank balances/bank accounts/complete postal address of the branch/bank, loan/credit facilities etc. availed.

21.Business plan for next three years indicating market segment to be covered without any element of public deposits.

22. Cash flow statement, asset/income pattern statement for next three years.

23.Brief background note on the activities of the company during the last three years and the reasons for applying for NBFC registration.

24.II(b) is the company engaged in any capital market activity? If so, whether there has been any non-compliance with SEBI Regulations? (Statement to be certified by Auditors).

25.Whether any prohibitory order was issued in the past to the company or any other NBFC/RNBC with which the directors/promoters etc. were associated? If yes, details there of.

26.Whether the company or any of its directors was/is involved in any criminal case, including under section 138(1) of the Negotiable Instruments Act? If yes, details thereof.

27.Whether the company was granted any permission by ECD to function as Full-fledged Money Changers?

28. Whether the company was/is authorized by ECD to accept deposits from NRIs.

29. Whether “Fit and Proper” Norms for Directors have been fulfilled.

7. REPOSIBILITIES OF NBFC

Responsibilities of the NBFCs Accepting /holding Public Deposits

The NBFCs accepting public deposits should furnish to RBI:

1. Audited balance sheet of each financial year and an audited profit and loss account in respect of that year as passed in the general meeting together with a copy of the report of the Board of Directors and a copy of the report and the notes on accounts furnished by its Auditors;

2. Statutory Annual Return on deposits - NBS 1; 3. Certificate from the Auditors that the company is in a position to repay the deposits as

and when the claims arise; 4. Quarterly Return on liquid assets; 5. Half-yearly Return on prudential norms; 6. Half-yearly ALM Returns by companies having public deposits of Rs 20 crore and

above or with assets of Rs 100 crore and above irrespective of the size of deposits ; 7. Monthly return on exposure to capital market by companies having public deposits of

Rs 50 crore and above; and 8. A copy of the Credit Rating obtained once a year along with one of the Half-yearly

Returns on prudential norms as at 5 above.

Responsibilities of NBFC’S Not Accepting/Holding Public Deposits having Asset Size > Rs 100/- Crore

required to submit a Monthly Return on important financial parameters of the company

With effect from April 1, 2007 non-deposit taking NBFCs with assets size of Rs 100 crore and above have been advised to maintain minimum CRAR of 10% and shall also be subject to single/group exposure norms.

Responsibilities of NBFC’S Not Accepting/Holding Public Deposits having Asset Size < Rs 100/- Crore

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.

RESPONSIBILITIES OF

NBFC’S

NBFC’S Accepting/ holding Public

Deposits

NBFC’S Not Accepting/Holding

Public Deposits having Asset Size >

Rs 100/- Crore

NBFC’S Not Accepting/Holding

Public Deposits having Asset Size <

Rs 100/- Crore

8. RATING OF NBFC

It is said that rating of NBFCs is necessary before it accepts deposit? Is it true? Who rates

them?

An unrated NBFC, except certain Asset Finance companies (AFC), cannot accept public

deposits. (i.e. Non-Depository NBFC does not require rating.)

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

accept public deposit up to 1.5 times of the NOF or Rs 10 crore whichever is lower without

having a credit rating.

A NBFC may get itself rated by any of the four rating agencies namely, CRISIL, CARE,

ICRA and FITCH Ratings India Pvt. Ltd.

What are the symbols of minimum investment grade rating of different companies?

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

Name of rating agencies: Level 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 not

equivalent to AAA.

Can a NBFC which is yet to be rated accept public deposit?

No, a NBFC cannot accept deposit without rating except an EL/HP company complying with

prudential norms and having CRAR of 15%, though not rated, may accept public deposit up to 1.5

times of NOF or Rs 10 crore whichever is less.

When a company's rating is downgraded, does it have to bring down its level of public

deposits immediately or over a period of time?

If rating of a NBFC is downgraded to below minimum investment grade rating, it has to stop

accepting 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; however

such NBFC can renew the matured public deposits subject to repayment stipulations specified

above and compliance with other conditions for acceptance of deposits.

9. MEANING OF DEPOSIT AND PUBLIC DEPOSITS

What is 'deposit?'

The term 'deposit' is defined under Section 45 I(bb) of the RBI Act, 1934. 'Deposit' includes and

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, State

Financial Corporation, IDBI or any other institution specified by RBI; amount received in ordinary course of business by way of security deposit, dealership

deposit, 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'. 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 members under the articles of association of the company;

amount received from shareholders by private company; amount received from directors or relative of the director of a 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 that it will include in this definition if amount raised exceeds the market value of the said immovable property or other asset

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.

What is Public Deposit?

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 under Section 45 I(bb) of the RBI Act, 1934 and further excludes the following:

amount received from the Central/State Government or any other source where repayment is guaranteed by Central/State Government or

any amount received from local authority or foreign government or any foreign citizen/authority/person;

Thus, the directions have sought to exclude from the definition of public deposit amount raised from certain set of informed lenders who can make independent decision.

10. PRE-PAYMENT OF PUBLIC DEPOSITS

Can a company pre-pay its public deposits?

A NBFC accepts deposits under a mutual contract with its depositors. In case a depositor requests

for pre-mature payment, Reserve Bank of India has prescribed Regulations for such an eventuality

in the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank)

Directions, 1998 wherein

it is specified that NBFCs cannot grant any loan against a public deposit or make

premature repayment of a public deposit within a period of three months (lock-in period)

from the date of its acceptance,

however in the event of death of a depositor, the company may, even within the lock - in

period, repay the deposit at the request of the joint holders with survivor clause /

nominee / legal heir only against submission of relevant proof, to the satisfaction of the

company.

An NBFC subject to above provisions, if it is not a problem company, may permit after the

lock-in period premature repayment of a public deposit at its sole discretion, at the rate of

interest prescribed by the Bank.

A problem NBFC is prohibited from making premature repayment of any deposits or

granting any loan against public deposits/deposits, as the case may be. The prohibition

shall not, however, apply in the case of death of depositor or repayment of tiny deposits

i.e. up to Rs 10,000 subject to lock-in period of 3 months in the latter case.

11. LIQUID ASSET REQUIREMENTS

What is the liquid asset requirement for the deposit taking companies?

In 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 of the second preceding quarter.

Of the 15%, NBFCs are required to invest not less than 10% 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 dematerialized form which can be maintained in Constituents' Subsidiary General Ledger (CSGL) Account with a scheduled commercial bank (SCB) / Stock Holding Corporation of India Limited (SHICL).

In case of Government guaranteed bonds the same may be kept in dematerialized form with SCB/SHCIL or in a dematerialized account with depositories [National Securities Depository Ltd. (NSDL)/Central Depository Services (India) Ltd. (CDSL)] through a depository participant registered with Securities & Exchange Board of India (SEBI).

However in case there is Government bonds which are in physical form the same may be kept in safe custody of SCB/SHCIL.

Where these assets are kept?

NBFCs have been directed to maintain the mandated liquid asset securities in a dematerialized form with the entities stated above at a place where the registered office of the company is situated.

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

It may be noted that the liquid assets in approved securities will have to be maintained in dematerialized form only.

Does Depositors have any claims on them?

The liquid assets maintained as above are to be utilized for payment of claims of depositors.

However, deposit being unsecured in nature depositors do not have direct claim on liquid assets.

12. DEFAULT IN REPAYMENT

In case a NBFC defaults in repayment of deposit what course of action can be taken by

depositors?

If a NBFC defaults in repayment of deposit, the depositor can approach

Company Law Board or

Consumer Forum or

file a civil suit to recover the deposits.

Consumer courts play a useful role in attending to depositors problems. Can one approach

consumer forum, civil court, CLB simultaneously?

Yes,

Is there an Ombudsman for hearing complaints against NBFCs?

No,

13. OTHERS

Whether NBFCs can accept deposits from NRIs?

Effective from April 24, 2004, NBFCs cannot accept deposits from NRI

except deposits by debit to NRO account of NRI provided such amount do not represent

inward remittance or transfer from NRE/FCNR (B) account.

However, the existing NRI deposits can be renewed.

Is nomination facility available to the Depositors of NBFCs?

Yes,

What are various prudential regulations applicable to NBFCs?

The Bank has issued detailed directions on prudential norms, vide Non-Banking Financial

Companies 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 building and unquoted

shares.

PROBLEMS REGARDING NBFC

1. Can a Private Company become a Depository NBFC ?

No, As Private Company is restricted u/s 3(i) iii of Companies Act 1956 to

invite and accept deposits from Public. But Pvt. Company may become

Non-Depository NBFC.

PROCEDURE TO BE FOLLOWED

07.10.2009 Decide to form NBFC and Selection of Four Names. Filing of

Form 1A.

SPECIMEN APPLICATION FORM FOR REGISTRATION WITH RBI

FORM OF APPLICATION FOR CERTIFICATE OF REGISTRATION TO COMMENCE/CARRY ON THE BUSINESS OF A NON-BANKING FINANCIAL

INSTITUTION BY A COMPANY

Name and address of registeredoffice of the company(in block letters)

By Registered Post A.D./Hand Delivery

To

The General/Dy. General Manager*,Department of Non-Banking SupervisionReserve Bank of India,Regional Office,

...................................................................

(Place)

Dear Sir,

Application for a Certificate of Registration to commence/carry *on the business of a non-banking financial institution

We make this application in terms of sub-section (2) of section 45-IA of the Reserve Bank of India Act, 1934 for issue of a Certificate of Registration. The required documents/information as per the instructions are furnished.

We are desirous of commencing/carrying on* the business of a non-banking financial institution. Hence, we hereby request you to kindly issue the necessary Certificate of Registration under sub-section (1) of section 45-IA of the Reserve Bank of India Act, 1934 to enable our company to commence/carry on* the business of a non-banking financial institution.

We declare that to the best of our knowledge and belief the information furnished in the statements/annexes enclosed hereto is true/correct and complete.

Yours faithfully,

Signature:

Date: Name:

Place: Designation:

Company Seal:

Encl. : ................Sheets

*Strike out whichever is not applicable.

DOCUMENTS REQUIRED TO BE ENCLOSED TO THE APPLICATION FORM

1. Identification particulars (Annex I).2. Statement on prudential norms (Annex II).3. Information about the management (Annex III).4. Certified copies of up-to-date Memorandum and Articles of Association

of the company.5. Certified copies of Certificate of Incorporation and Certificate of

Commencement of Business.6. A Board resolution specifically approving the submission of the

application and its contents.7. A copy each of the Profit and Loss account and audited Balance Sheet

for the last 3 years or for such shorter period as are available (for companies already in existence).

8. Business plan of the company for the next three years giving details of its (a) thrust of business; (b) market segment; and (c) projection of investments and income.

9. A company which is incorporated before January 9, 1997 and has net owned fund of less than Rs. 25 lakhs as on the date of application, may also furnish a time-bound programme as to how it proposes to attain the minimum net owned fund of Rs. 25 lakhs.

INSTRUCTIONS

(Fill up the application form strictly in accordance with these instructions)

GENERAL

(1) Application should be made in the prescribed form only. Wherever space is insufficient, information may be furnished in separate sheet/s.

(2) Application along with enclosures duly completed should be submitted in duplicate, before July 8, 1997 to the Department of Non-Banking Supervision, Reserve Bank of India, Regional Office under whose jurisdiction the registered office of the company is situated.

(3) A photocopy of the application as submitted may be kept with the company for its record.

(4) Application should be signed by any of the following officials authorised by the Board of Directors, in this behalf (viz., Chairman, Managing Director, Chief Executive Officer, Company Secretary, a whole-time Director or any other official).

(5) Application should bear common seal of the company.(6) An acknowledgement for having submitted the application may be

obtained from the Regional Office concerned.(7) The particulars/information to be furnished in Annex II of the application

should be based on figures as disclosed in the latest annual audited balance-sheet. However, in the case of a company incorporated after 9-1-1997, such particulars/information should be based on the balance-sheet as on a date falling within thirty days preceding the date of application.

annex i(8) In case the company has changed its name earlier, a list of all the

earlier names of the company and date/s of change together with the names of Chief Executive Officer and Chairman at the time of change of name should be furnished.

(9) If the company was registered with Reserve Bank of India in terms of Circular DFC (COC) No. 828/174-92/93, dated April 12, 1993, the letter in original advising registration should be enclosed.

(10) If the company has ever defaulted in timely repayment of deposit and payment of interest, a list of all such pending cases and the action taken in respect of each case should be furnished. The company should also submit a list containing the details of all the court cases pending against it, including those pending in consumer fora, pertaining to its deposits acceptance activities.

annex ii(11) This statement is to be filled only by a non-banking financial company

which was in existence as on January 9, 1997 and carrying on business of a non-banking financial institution.

(12) For filling up Annexure II, please refer to the guidelines to non-banking financial companies on prudential norms for income recognition, accounting standards, asset classification, provisioning for bad and doubtful debts, capital adequacy, concentration of credit/investment, etc.

(13) The contents of Annexure II should be certified by a Chartered Accountant.

annex iii(14) ‘Substantial interest’ means holding of beneficial interest by an

individual or his/her spouse or minor child, whether singly or taken together, in shares of a company/capital of a firm, the amount paid-up on which exceeds 10 per cent of the paid-up capital of the company or total capital subscribed by all the partners of a partnership firm.

ANNEX I

IDENTIFICATION PARTICULARS

COMPANY CODE

(to be filled by RBI)

........................................

........................................

1.1Name of the Company......................................................................................................

1.2 Whether the company had changed its name earlier?

[Please see item (8) of instructions] Yes/No

2. Date of incorporation

3. Date of commencement of business

4. State in which the company is registered..............................................................

5. Full Address of the Company

(i) Registered Office.......................................................................................................

.................................................................................................................

.... ..................

Phone No. ..................................................................Fax........................................... Email:

(ii) Corporate/Administrative* Office...................................................................

.................................................................................................................

.... .....................

Phone No. .................................................................. Fax............................................

(iii)No. of branches :

6. Status:

(a) Public

(b) Private

(c) Deemed public

(d) Government company (e) Other (to be specified)

7. Whether the company was transacting the business of

Yes/No

Non-banking financial institution as on January 9, 1997 ?

If yes—

(i) the date of commencement of such business:

(ii) Classification as made by RBI..........................................................................

(EL/HP/LC/IC/Nidhi/RNBC/MNBC)

(iii)Reference No. and date of RBI Classification advice.................................

(iv) Whether the company was already registered with RBI?

Yes/No

[Please see item (9) of instructions]

If yes,—

(a) Registration No. ............................................................................................

(b)Reference No. and date of RBI advice..................................................

(v) Whether the company has been issued a Certificate in terms of Circular DFC (COC) No. 2/02/04/96-97, dated July 24, 1996 ?

Yes/No

If yes,—

(a) Certificate No. .......................................

(b)Reference No. and date of RBI advice...................

(vi) Whether the company has ever defaulted in the repayment of principal and/or payment of interest on deposits?

Yes/No

[Please see item (10) of instructions]

(vii)(a)Whether any of the group companies regulated by other regulators such as SEBI, IRDA, etc.

(b) If yes, give details of the company:

i) Name

ii) Address

iii) Nature of business

iv) Regulator

v) Approval/Certificate/

Registration No.

(c)Action if any initiated/ pending against the company by

the regulator with details

(strictures, penalties, adjudications, investigations etc)

Yes/No:

8.Name/s of Statutory Auditor/s with address/es ..........................................

..........................................

..........................................

9.1 Name/s & Address/es of bankers

..........................................

..........................................

..........................................

9.2 Whether the company has committed any default in repayment of any loan, advance or any other credit facility availed from any bank ?

Yes/No

9.3 If yes, furnish full details, such as name of Bank/Branch, type of facility, period and quantum of default, etc.

10. Name and Designation of CEO/Authorised official ..........................................

.......................................................................

Signature :

Date : Name :

Place : Designation :

Company Seal :

Annex II

STATEMENT OF CAPITAL FUNDS AND RISK ASSETS AS ON*........

(Rs. in thousands)

PART A

Capital funds - Tier-IItem Name Item Code Amount Rs.

(i) Paid-up Equity Capital 111

(ii) Free reserves (Please see note below) :

(a) General Reserves 112

(b) Share Premium 113

(c) Capital Reserves (representing surplus on sale of assets held in separate account)

114

(d) Debentures Redemption Reserve 115

(e) Capital Redemption Reserve 116

(f) Credit Balance in P & L Account 117

(g) Other free reserves (to be specified) 118

(iii) Total (111 to 118) 110

(iv) Accumulated balance of loss 121

(v) Deferred Revenue Expenditure 122

(vi) Other Intangible Assets 123

(vii) Total (121 to 123) 120

(viii) Owned funds (110 - 120) 130

Note : ‘Free reserves’ shall include balance in share premium account, capital and debenture redemption reserves and any other reserves shown in the balance-sheet and created through an allocation out of profits but not being (a) a reserve created for repayment of any future liability or for depreciation on assets or for bad debts, or (b) a reserve created by revaluation of assets of the company.

Item Name Item Code Amount Rs.

(ix) Investment in shares of: [please see Note (1) below] :

(a) Subsidiaries 141

(b) Companies in the same Group 142

(c) Other non-banking financial companies 143

(x) The book value of debentures bonds, outstanding loans and advances (including hire-purchase and lease finance) made to and deposits with [please see note (2) below] :

(a) Subsidiaries 144

(b) Companies in the same Group 145

(xi) Total (141 to 145) 140

(xii) Amount of item 140 in excess of 10 per cent of item 130 above 150

(xiii) Tier-I Capital: Net owned funds (130 - 150) 151

Notes :

1. Investments in shares includes investment in fully convertible debentures and/or convertible portion of partially convertible debentures. Investments held either in investment account or stock-in-trade should be included under this item.

2. Debentures whether held in investment account or by way of stock-in-trade should be included under this item. Non-convertible debentures, non-convertible portion of partially convertible debentures and optionally convertible debentures should also be included under this item.

PART B

Capital funds - Tier-II

Item Name Item Code Amount Rs.(i) Preference Share Capital 161

(ii) Revaluation reserves (see para 5.2-2 of guidelines) 162

(iii) General provisions and loss reserves (see para 5.2-3 of guidelines)

163

(iv) Hybrid debt capital instruments (see para 5.2-4 of guidelines)

164

(v) Subordinated debt (see para 5.2-5 of guidelines) 165

(vi) Aggregate Tier-II Capital (161 to 165) (see para 6 of the guidelines)

160

Total Capital Funds (151 + 160) 170

PART C

Risk assets and off-balance sheet items

Item Name Item Code Amount Rs.(i) Adjusted value of funded risk assets, i.e., on-balance

sheet items (Totally with Part D)181

(ii) Adjusted value of non-funded and off-balance sheet items (Totally with Part E)

182

(iii) Total risk-weighted assets/exposures (181 + 182) 180

(iv) Percentage of capital funds to risk-weighted assets/exposures:

(a) Tier-I capital (Percentage of Item 151 to Item 180)

191

(b) Tier-II capital (Percentage of Item 160 to Item 180)

192

(c) Total (Percentage of Item 170 to Item 180) 193

PART D

Weighted assets, i.e., on-balance sheet items

Item Name Item code

Book value

Risk weight

Adjusted value

I. Cash and bank balances including fixed deposits & Certificates of Deposits

210 0 0

II. Investments (see paras 2.6-1 to 2.6-7 of the guidelines)—

(a) Government and approved securities as defined under section 45-IB of RBI Act, 1934

221 0 0

(b) Shares/debentures/bonds/ units of mutual funds—

(i) Amounts deducted in Part ‘A’ [Item (ix)]

222 0 0

(ii) Amounts not deducted in Part A

223 100

III. Current Assets—

(a) Stock on hire (Please see Note 3 below):

(i) Amounts deducted in Part A [Item (x)]

231 0 0


232 100

(b) Inter-corporate loans/deposits :

(i) Amounts deducted in Part ‘A’ [Item (x)]

233 0 0


234 100

(c) Loans and advances fully secured by company’s own deposits

235 0 0

(d) Loans to staff 236 0 0

(e) Other secured loans and advances considered goods :


241 0 0


242 100

(f) Bills purchased/discounted:


243 0 0


244 100

(g) Others (to be specified) 245 100

IV. Fixed Assets: (net of depreciation)

(a) Assets leased out—


251 0 0


252 100

(b) Premises 253 100

(c) Furniture & Fixtures 254 100

V. Other assets:

(a) Income-tax deducted at source (net of provisions)

255 0 0

(b) Advance tax paid (net of provision)

256 0 0

(c) Interest due on Government Securities

257 0 0

(d) Others (to be specified) 258 100 0

Total weighted assets (Items 210 to 258)

200 —

Notes :

1. Netting may be done in respect of assets where provisions for depreciation or for bad and doubtful debts have been made.

2. Unquoted shares are to be valued at cost or break-up value of the shares (as per last audited balance-sheet of the company concerned), whichever is less.

3. Stock on hire should be shown net of finance charges; i.e., interest and other charges, recoverable.

4. Assets which have been deducted from owned fund to arrive at net owned fund pursuant to Paragraph 5.1 of the guidelines will have a weightage of ‘O’.

PART E

WEIGHTED NON-FUNDED EXPOSURES/OFF-BALANCE SHEET ITEMS

Items Item code

Book value

Conversion factor

Equivalent value

Risk weight

Adjusted value

1. Financial & Other guarantees

310 100 100

2. Share/debenture underwriting obligation

320 50 100

3. Partly paid shares/debentures

330 100 100

4. Bills discounted/rediscounted

340 100 100

5. Lease contracts entered into but yet to be executed

350 100 100

6. Other contingent liabilities (To be specified)

360 50 100

7. Total non-funded exposures (Items 310 to 360)

300 - -

Note : Cash margin/deposits shall be deducted before applying the conversion factors.

PART F

OTHER DATA

I. Aggregate of credit exposures categories into :

Item Name Item Code Amount Rs.(i) Standard assets 411

(ii) Sub-standard assets 412

(iii) Doubtful assets 413

(iv) Loss assets 414

II. Aggregate provisioning in respect of I above as per the guidelines prescribed :

Item name Item code Provision required

Actual provision

made

(i) Sub-standard assets (10 per cent of total outstanding)

421

(ii) Doubtful assets (100 per cent to the extent not covered by realisable value of security + 20 to 50 per cent of the secured portion for the period the asset has remained doubtful)

422

(see Para 4 of the guidelines)

(iii) Loss assets (100 per cent of the out-standing balance)

423

III. Other provisions in respect of :

Item name Item code Provision required

Actual provision

made(i) Depreciation in fixed assets 431

(ii) Depreciation in investments 432

(iii) Loss/intangible assets 433

(iv) Taxation 434

(v) Gratuity/provident fund 435

(vi) Others (to be specified) 436

PART G

PARTICULARS REGARDING INVESTMENTS IN AND ADVANCES TO COMPANIES/FIRMS IN THE SAME GROUP AND OTHER NBFCS


(i) Outstanding loans and advances to and deposits with subsidiaries and companies in the same Group (Details enclosed in Appendix No.)

510

(ii) Investments in shares of subsidiaries, companies in the same Group and non-banking financial companies (Details enclosed in Appendix No.)

520

(iii) Investments by way of shares, debentures, loans and advances, leasing, hire-purchase finance, deposits, etc., in other companies, firms and proprietary concerns where directors of the company hold substantial interest (Details enclosed in Appendix No.)

530

PART H

PARTICULARS REGARDING CONCENTRATION OF ADVANCES (INCLUDING OFF-BALANCE SHEET EXPOSURE AND INVESTMENTS) TO PARTIES

OTHER THAN THOSE IN PART G ABOVE


(i) Loans and advances, including off-balance sheet exposures, to any single party in excess of 15 per cent of owned fund of the NBFC (Details enclosed in Appendix No.)

610

(ii) Loans and advances, including off-balance sheet exposures, to a single group of parties in excess of 25 per cent of owned fund of the NBFC (Details enclosed in Appendix No.)

620

(iii) Investments in other companies in excess of 25 per cent of the owned fund of the NBFC (Details enclosed in Appendix No.)

630

Certified that the data/information furnished in this statement are in accordance with the guidelines issued by the Reserve Bank of India relating to income recognition, accounting standards, asset classification, provisioning for bad and doubtful debts, capital adequacy and concentration of credit and investments. They have been complied from the books of account and other records of the company and to the best of my knowledge and belief they are correct.

For and on behalf of

Name of the Company : Signature : Date : Name : Designation : Place : Company Seal :

AUDITOR’S REPORT

We have examined the books of account and other records maintained by.....................Limited in respect of the capital funds, risk assets/exposures and risk asset ratio, etc., as on.............and report that to the best of our knowledge and according to the information and explanations given to us and as shown by the record examined by us, the figures shown in Parts A, B, C, D, E, F, G and H of the statement are correct.

Place:

Date :

Chartered Accountants

ANNEX III

INFORMATION ABOUT THE PROMOTERS, CHAIRMAN, MANAGING DIRECTOR, DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OF THE

COMPANY

(Please see note on page 2)

1. Name :

2. Designation : Chairman/Managing Director/ Director/Chief Executive Officer*

3. Nationality :

4. Age :

5. Business Address :

6. Residential Address :

7. Educational/professional qualifications :

8. Line of business or vocation :

9. Name/s of other companies in which the person has held the post of Chairman/ Managing Director/Director/Chief Executive Officer

:

10. (i) Whether associated as Promoter, Managing Director, Chairman or Director with any NBFC including a Residuary Non-Banking Financial Company which has been prohibited from accepting deposits/prosecuted by RBI ?

Yes/No

(ii) If yes, the name/s of the company/ies

11 (i) Whether prosecuted/convicted for any economic offence either in the individual capacity or as a partner/director of any firm/company ?

Yes/No

(ii) If yes, particulars thereof :

12. Experience in the business of NBFC (number of years)

:

13. Equity shareholding in the company

No. of shares : ……………………………

Face value : Rs. ………………………..

Percentage to total equity share capital of the company

:……………………………

14. Name/s of the companies, firms and proprietary concerns in which the person holds substantial interest

:

(Please see item 14 of instructions)

15. Names of the principal bankers to the concerns at 14 above

:

Signature :

Date : Name :

Place: Designation :

(Chief Executive Officer)

Company Seal :

Note : Separate form should be submitted in respect of each of such functionaries, by using photocopy of this format

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