Master Circular- Exemptions from the provisions of RBI Act, 1934 - আৰবিআই - Reserve Bank of India
Master Circular- Exemptions from the provisions of RBI Act, 1934
RBI/2014-15/39 July 1, 2014 To (i) The Secretary, Ministry of Finance Dear Sirs, Master Circular- Exemptions from the provisions of RBI Act, 1934 As you are aware, in order to have all current instructions on the subject at one place, the Reserve Bank of India issues updated circular/notifications on various subjects. It is advised that instructions on captioned subject as updated till June 30, 2014, have been compiled herein and enclosed for ready reference. The Master Circular has also been placed on the RBI web-site (/en/web/rbi). Yours faithfully, (K. K. Vohra)
The Bank has issued notifications from time to time exempting some entities from the requirements of Chapter III B of the RBI Act, 1934 or part thereof. While the Master Circular has been prepared to enable the users to have the benefit of a consolidated circular for the purpose of operations, they should refer to the instructions / directions contained in the relevant notifications. The Master Circular is based on notifications listed in the Annex. 2 Exemption from provisions of Chapter III B of the RBI Act, 1934 – (i) 1Housing Finance Institutions The Bank has exempted a non-banking financial company which is a housing finance institution as defined in Section 2(d) of the National Housing Bank Act, 1987 from the provisions of Chapter III B of the RBI Act, 1934. (ii) 2Merchant Banking company A merchant banking company has been exempted from the provisions of Section 45-IA [Requirement of registration and net owned fund], Section 45-IB [Maintenance of liquid assets] and 45-IC [Creation of Reserve Fund] of the RBI Act, 1934,3 Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 and 4Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions, 1998 subject to compliance with the following conditions:
Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) shall not apply to any non-banking financial company which is
Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) shall not apply to any non-banking financial company which (i) being a mutual benefit company as defined in paragraph 2(1) (ixa) of the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 contained in Notification No. DFC.118/DG(SPT)-98 dated January 31, 1998). A “mutual benefit company” means a company not notified under section 620A of the Companies Act, 1956 (1 of 1956) and carrying on the business of a non-banking financial institution, -
Sections 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934), paragraphs 4 to 7 of the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 and Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions, 1998(since repealed by Prudential Norms Directions Notification No 192 dated February 22, 2007), except paragraph 13 A of the said directions relating to submission of information to Reserve Bank in regard to change of address, directors, auditors, etc. shall not apply to any non-banking financial company as defined in section 45-I(f) of the Reserve Bank of India Act, 1934 (2 of 1934) being a Government company6 as defined in section 617 of the Companies Act, 1956. A Government Company is a company in which not less than 51% of the paid up capital is held by the Central Government, or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments and includes a company which is subsidiary of a Government Company as thus defined. (vi) 7Venture Capital Fund Companies Section 45-IA and Section 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934); Notification No.DFC.118/DG(SPT)-98 dated January 31, 1998; and Notification No. DFC.119 / DG(SPT)-98 dated January 31, 1998 shall not apply to a non-banking financial company, which is a venture capital fund companyholding a certificate of registration obtained under Section12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and not holding or accepting public deposit as defined in paragraph 2(1)(xii) of the Notification No. DFC.118/DG(SPT)-98 dated January 31, 1998. (vii) Insurance/Stock Exchange/Stock Broker/Sub-Broker The provisions of Section 45-IA, 45-IB, 45-IC, 45MB and 45MC of the Reserve Bank of India Act, 1934 (2 of 1934) and provisions of Non-Banking Financial Companies Acceptance of Public Deposit (Reserve Bank) Directions contained in Notification No. DFC.118 / DG(SPT)-98 dated January 31. 1998, “Non-Banking Financial (Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007”shall not apply to any non-banking financial company not holding or accepting public deposit as defined in paragraph 2(1)(xii) of the Notification No. DFC.118/DG(SPT)-98 dated January 31, 1998, and -
(a) 9Nidhi Companies The provisions of Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) shall not apply to any non-banking financial companyNotified under Section 620A of the Companies Act, 1956 (1 of 1956), known as Nidhi Companies; and 10[The provisions contained in Non-Banking Financial Companies Acceptance of Company; Public Deposits (Reserve Bank) Directions, 1998 shall not apply to a Mutual Benefit Financial Company or a Mutual Benefit company provided that the application of Mutual Benefit Company is not rejected by Government of India under the provisions of the Companies Act, 1956( Act 1 of 1956).] Doing the business of chits, as defined in clause (b) of Section 2 of the Chit Funds Act, 1982 (No. 40 of 1982). (c) 11Securitisation and Reconstruction Companies Securitisation company or Reconstruction company registered with the Reserve Bank of India under Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002. (d) 12Mortgage Guarantee Companies Mortgage Guarantee Companies notified as non-banking financial company in terms of Section 45 I (f)(iii) of the Reserve Bank of India Act,1934 (2 of 1934) with the prior approval of the Central Government, and a company registered with the Bank under the scheme for registration of Mortgage Guarantee Companies. (e) 13Core Investment Companies (i) The provisions of section 45-IA of the Act shall not apply to a non-banking financial company being a Core Investment Company referred to in the Core Investment Companies (Reserve Bank) Directions, 2011, which is not a Systemically Important Core Investment Company, as defined in clause (h) of sub-paragraph (1) of paragraph 3 of the Core Investment Companies (Reserve Bank) Directions, 2011; (ii) The provisions of section 45-IA (1)(b) of the Act shall not apply to a non-banking financial company being a Systemically Important Core Investment Company as defined in the Core Investment Companies (Reserve Bank) Directions, 2011, subject to the condition that it meets with the capital requirements and leverage ratio as specified in the said directions. (iii) 14The Non-Banking Financial (Non- Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 shall not apply to a non-banking financial company being a Core Investment Company referred to in the Core Investment Companies (Reserve Bank) Directions, 2011 (hereinafter referred to as CIC Directions), which is not a systemically important Core Investment Company as defined in clause (h) of sub-paragraph (1) of paragraph 3 of the CIC Directions. (iv) The provisions of paragraphs 15, 16 and 18 of these Directions shall not apply to a Systemically Important Core Investment Company as defined in the CIC Directions, subject to the condition that it submits the Annual Auditors Certificate and meets with the capital requirements and leverage ratio, as specified in the CIC Directions. (f) 15Prepaid Payment Instruments issued by Non-Banking Institutions The provisions of Chapter III B of RBI Act, 1934, shall not apply to a non-banking institution which is authorized to operate a payment system and to issue prepaid payment instruments under the Payment and Settlement Systems Act, 2007 (51 of 2007).This exemption shall be limited and restricted to money received by such non-banking institution for issue of prepaid payment instruments.List of Circulars
1 Notification DFC(COC) No 112 ED(SG)/97 read with circular DFC(COC) No.4438/02.04/96-97 dated June 18, 1997 2 Notification No. DFC 123/ED(G)-98, dated February 3, 1998 3 Notification DFC(COC) No 118 DG(SPT)-98 dated January 31, 1998 4 Notification DFC(COC) No 119 DG(SPT)-98 dated January 31, 1998 5 Notification No.DNBS.138/CGM(VSNM)-2000 read with DNBS.(PD).CC.No.12/02.01/99-2000dated January 13, 2000 6 Notification No.DNBS.134, 135, 138/CGM(VSNM)-2000 read with DNBS.(PD).CC.No.12/02.01/99-2000dated January 13, 2000 7 Notification No.DNBS.163/CGM(CSM)-2002 read with DNBS(PD)CC No.22/02.59/2002-03dated November 28, 2002 8 Notification No.DNBS.164/CGM(CSM)-2003 read with DNBS (PD) CC No.23/01.18/2002-03 dated January 8, 2003 9 Notification No.DNBS.164/CGM(CSM)-2003 read with DNBS (PD) CC No. 23/01.18/2002-03 dated January 8, 2003 10 Inserted vide Notification No. DNBS. 197 / CGM (PK)- 2007 dated November 22, 2007 Notification no 197 dated Nov 22, 2007 11 Notification No.DNBS. 3/CGM(OPA)-2003 dated August 28, 2003. 12 Notification No.DNBS.(MGC) 2/CGM(PK)-2008 read with DNBS (PD)(MGC) CC No.111/03.11.001/2007-08 dated January 15, 2008. 13 Inserted vide Notification No.DNBS.(PD) 220/CGM(US)-2011 dated January 5, 2011 14 Inserted vide Notification No.DNBS.(PD) 221/CGM(US)-2011 dated January 5, 2011 15 Inserted vide DNBS(PD).CC.No.368/03.10.01/2013-14, dated January 24, 2014 |