chap 1 nbfc [cp]

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    Study on Non Banking Financial Companies in India

    Non-Bank Financial Companies (NBFCs) are largely involved in serving those classes of

    borrowers who are generally excluded from the formal banking sector. However,

    progressively over the years, the exclusiveness between the banks and NBFCs has somewhat

    blurred. More recently, NBFCs are competing with banks in providing financial services such

    as infrastructure finance and housing finance among others.

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

    Act, 1956 and is engaged in the business of loans and advances, acquisition of

    shares/stock/bonds/debentures/securities issued by Government or local authority or other

    securities of like marketable nature, leasing, hire-purchase, insurance business, chit business

    but does not include any institution whose principal business is that of agriculture activity,

    industrial activity, sale/purchase/construction of immovable property. 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).

    NBFCs, historically are involved in providing financial services such as offering of small

    ticket personal loans, financing of two/three wheelers, truck financing, farm equipment

    financing, loans for purchase of used commercial vehicles/machinery, secured/unsecured

    working capital financing, etc. Further, NBFCs also often take lead role in providing

    innovative financial services to Micro, Small, and Medium Enterprises (MSME) most

    suitable to their business requirements.

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

    (i) NBFC cannot accept demand deposits;

    (ii) NBFC is not a part of the payment and settlement system and as such an NBFC

    cannot issue cheques drawn on it; and

    (iii) Deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation

    is not available for NBFC depositors unlike in case of banks.

    1. Introduction about Industry

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    2. Investment Company(IC)

    Investment Company is a company which is a financial i nstitution carrying on as it s

    principal business the acquisition of securities.

    1.3 Investment Companies are further divided into following sub-

    categories

    Core Investment Companies

    The Reserve Bank of India vide its Notification No. DNBS(PD)CC.No.

    197/03.10.001/2010-11 dated August 12, 2010, a new class of NBFCs by the name ofCore Investment Companies (CIC) was added

    Core Investment Companies in terms of RBIs Notification mea ns

    A non-banking financial company carrying on the business of acquisition of shares and

    securities and which satisfies the following conditions as on the date of the last audited

    balance sheet:-

    (i) it holds not less than 90% of its net assets in the form of investment in equity shares,

    preference shares, bonds, debentures, debt or loans in group companies;

    (ii) its investments in the equity shares (including instruments compulsorily convertible

    into equity shares within a period not exceeding 10 years from the date of issue) in group

    companies constitutes not less than 60% of its net assets

    Net assets, for the purpose of this proviso, would mean total assets excluding

    1. Cash And Bank Balances;

    2. Investment In Money Market Instruments And Money Market Mutual Funds

    3. Advance Payments Of Taxes; And

    4. Deferred Tax Payment

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    (iii) it does not trade in its investments in shares, bonds, debentures, debt or loans in

    group companies except through block sale for the purpose of dilution or

    disinvestment;

    (iv) it does not carry on any other financial activity referred to in Section 45 I (c) and

    45 I (f) of the Reserve Bank of India Act, 1934 except:

    a) investment in

    i. bank deposits,

    ii. money market instruments, including money market mutual funds,

    iii. government securities, and iv. bonds or debentures issued by group companies;

    b) granting of loans to group companies; and

    c) issuing guarantees on behalf of group companies.

    1.4 Other Companies

    (i) Asset Finance Company (AFC)

    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 handling equipments, moving on own power and general purpose industrial

    machines. Financing of physical assets may be by way of loans, lease or hire purchase

    transactions.

    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.

    (ii) Mutual Benefit Financial Company (MBFC)

    Mutual Benefit Financial Company means a company which is a financial institution

    notified by The Central Government under section 620A of The Companies Act 1956.

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    Study on Non Banking Financial Companies in India6

    ii. Non-Systematically Important NBFCs-ND

    A NBFC ND whose asset size does not exceed Rs.100 crore as per the last audited

    balance sheet may be considered as Non-systemically important NBFCs ND (NBFCND-

    SI).

    NBFCs provide financial services like hire-purchase, leasing, loans, investments, chit-fund

    companies etc. NBFCs can be classified into deposit accepting companies and non-deposit

    accepting companies. NBFCs are small in size and are owned privately. The NBFCs have

    grown rapidly since 1990. They offer attractive rate of return. They are fund based as well as

    service oriented companies. Their main companies are banks and financial institutions.

    According to RBI Act 1934, it is compulsory to register the NBFCs with the Reserve Bank of

    India.

    The NBFCs in advanced countries have grown significantly and are now coming up in a very

    large way in developing countries like Brazil, India, and Malaysia etc. The non-banking

    companies when compared with commercial and co-operative banks are a heterogeneous

    (varied) group of finance companies. NBFCs are heterogeneous group of finance companies

    means all NBFCs provide different types of financial services. Non-Banking Financial Companies constitute an important segment of the financial system.

    NBFCs are the intermediaries engaged in the business of accepting deposits and delivering

    credit. They play very crucial role in channelizing the scare financial resources to capital

    formation.

    1.6 Size of the Sector

    The share of NBFCs assets in GDP (at current market prices) increased steadily from just 8.4

    per cent as on March 31, 2006 to 12.5 per cent as on March 31, 2013; while the share of bank

    assets increased from 75.4 per cent to 95.5 per cent during the same period (Table 1).In fact,

    if the assets of all the NBFCs below Rs.100 crore are reckoned, the share of NBFCs assets to

    GDP would go further.

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    Assets of NBFC and Banking (SCBs) Sectors

    as a % to GDP Year

    Ratio

    2006 2007 2008 2009 2010 2011 2012 2013

    NBFC Assets to GDP

    (%)

    8.4 9.1 10.1 10.3 10.8 10.9 11.9 12.5

    Bank Assets to GDP (%) 75.4 80.6 86.8 93.0 93.0 92.2 92.7 95.5

    Source: (i) Reports on Trend and Progress of Banking in India, 2006-2013; (ii) Hand Book of

    Statistics on Indian Economy, 2012-13

    In comparison to assets of the banking system (Scheduled Commercial Banks-SCBs), assetsize of NBFC sector was around 13 per cent; while deposits (including RNBCs) of the sector

    were less than 0.15 per cent of bank deposits (SCBs) as on March 31, 2013 (Chart 2). Public

    deposits held with the NBFC sector declined in line with RBI policy directions. The decline

    in public deposits was largely on account of RNBCs. Due to concerted efforts of RBI, the

    number of deposit taking NBFCs has come down from 428 in June 2006 to 254 in June 2013.

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    1.8 Responsibilities

    The NBFCs accepting public deposits should furnish to RBI

    Audited balance sheet of each financial year and an audited profit and loss account in

    respect of that year as passed in the annual 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;

    Statutory Annual Return on deposits - NBS 1;

    Certificate from the Auditors that the company is in a position to repay the deposits asand when the claims arise;

    Quarterly Return on liquid assets;

    Half-yearly Return on prudential norms;

    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 ;

    Monthly return on exposure to capital market by companies having public deposits of

    Rs. 50 crore and above; and

    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.

    1

    1https://www.dnb.co.in/BFSISectorInIndia/NonBankC2.asp

    https://www.dnb.co.in/BFSISectorInIndia/NonBankC2.asphttps://www.dnb.co.in/BFSISectorInIndia/NonBankC2.asphttps://www.dnb.co.in/BFSISectorInIndia/NonBankC2.asphttps://www.dnb.co.in/BFSISectorInIndia/NonBankC2.asp