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FAQs on Non-Banking Financial Companies

Prudential Norms

A. Earning Value :

Average Profit after tax (net of

  
 

dividend on preference shares

  
 

and extra ordinary items ) for

  
 

the last three years

 

Capitalisation

  

X

factor

 

Number of equity shares

  

Hypothetically, the profit after tax for the last three

}

Rs. 100.00 lakhs,

financial years net of dividend on preference shares }

 

Rs. 120.00 lakhs

and net of extra ordinary items

} &

Rs. 140.00 lakhs

   

No. of equity shares of the company

 

10,00,000 shares

The investee company is a predominantly manufacturing

 

company and the capitalisation factor would be

 

: 8 per cent

The earning value will be worked out as under :

  

(100.00+120.00+140.00)

 

100

 

X

---

= Rs.150/-

3 X 10,00,000

 

8

 

Retail Direct Scheme

Contact us

You can reach us in three ways:

  1. Toll free phone number: 1800 267 7955 (between 9 am to 7 pm on any working day).

  2. E-mail id: support@rbiretaildirect.org.in

  3. Raise a request on the Retail Direct portal.

For additional details on using the Retail Direct portal, you may refer to the User Manual in the Help section of the Retail Direct Portal.

Domestic Deposits

V. Donations

Yes, loss making banks can make donations upto Rs.5 lakhs only in a financial year.

Indian Currency

F) COINS

The One Rupee notes issued under the Coinage Act, 2011 are legal tender and included in the expression Rupee coin for all the purposes of the Reserve Bank of India Act, 1934. Since the rupee coins issued by Government constitute the liabilities of the Government, one rupee Note is also liability of the Government of India.

All you wanted to know about NBFCs

G. Other/ miscellaneous aspects

The instructions on microfinance loans issued under various Directions are applicable only to the regulated entities mentioned below:

(i) All Commercial Banks (including Small Finance Banks, Local Area Banks, and Regional Rural Banks) excluding Payments Banks;

(ii) All Primary (Urban) Co-operative Banks/ State Co-operative Banks/ District Central Co-operative Banks; and

(iii) All Non-Banking Financial Companies (including Microfinance Institutions and Housing Finance Companies).

However, it may be prudent for other lenders operating in the microfinance sector to follow customer-centric instructions for microfinance loans issued under various Directions. Further, it may be noted that exemptions from Sections 45-IA, 45-IB and 45-IC of the RBI Act, 1934 have been withdrawn for those ‘not for profit’ companies engaged in microfinance activities that have asset size of ₹100 crore and above.

FAQs on Non-Banking Financial Companies

Prudential Norms

  1. The Prudential Norms have prescribed that the unquoted shares should be valued at break up value. However, an NBFC can also value these shares at fair value, if it so desires.

Break up value and fair value are to be calculated as per the formula given in the Directions. The formula is illustrated as under :

If the paid equity capital of the company is = Rs. 1,00,00,000

The free reserves net of intangible assets

and deferred revenue expenditure = Rs. 3,20,00,000

Number of equity shares = 10,00,000 shares

The break up value will be :

1,00,00,000 + 3,20,00,000

= Rs. 42/-

 

10,00,000

If we take the earning value worked out in the previous question, and since we know that the fair value is the mean of the break up value and the earning value, the fair value will be

150+42

= Rs.96/-

2

In the given case, the company may value its shares at fair value viz, Rs.96/- which is higher than the break up value at Rs.42/- or cost, whichever is lower.

Domestic Deposits

V. Donations

Yes, the overseas branches of the banks can make donations abroad, provided the banks do not exceed the prescribed ceiling of one per cent of their published profit of the previous year.

Indian Currency

F) COINS

Yes. Different designs of ₹10 coins are currently in circulation. All coins of ₹10 denomination minted from time to time by the Government of India (with/without the Rupee symbol) are legal tender. For more details kindly see our Press Release issued in this regard which is available at the following link www.rbi.org.in>>Issuer of currency>>Press Release>>January 17, 2018. https://rbi.org.in/en/web/rbi/-/press-releases/rbi-reiterates-legal-tender-status-of-%E2%82%B9-10-coins-of-different-designs-42887.

All you wanted to know about NBFCs

G. Other/ miscellaneous aspects

The exemption provided by the Reserve Bank to ‘Not for Profit’ companies (i.e., companies incorporated under Section 8 of the Companies Act, 2013 or Section 25 of the Companies Act, 1956) is applicable to those which are providing microfinance loans as defined in the Reserve Bank of India (Non-Banking Financial Companies – Credit Facilities) Directions, 2025 and subject to conditions specified in para 51 of our ‘Reserve Bank of India (Non-Banking Financial Companies – Registration, Exemptions and Framework for Scale Based Regulation) Directions, 2025 (as amended from time to time). This exemption is not applicable to other ‘Not for Profit’ companies engaged in NBFI business and it is incumbent upon such companies to obtain a certificate of registration under Section 45-IA of the RBI Act, 1934 in case these companies are fulfilling the ‘Principal Business Criteria’ as specified in our Press Release 1998-99/1269 dated April 08, 1999.

FAQs on Non-Banking Financial Companies

Prudential Norms

The credit concentration norms are applicable to commercial transactions only. Advance deposits of money as security for performance of some contract between the two parties, like office premises, advance deposits with the Government authorities towards services, etc. are not governed by the credit concentration norms.

Domestic Deposits

VI. Premises Loan

  1. The Board of Directors of the banks should lay down the policy and formulate operational guidelines separately in respect of metropolitan, urban, semi-urban and rural areas covering all areas in respect of acquiring premises on lease/ rental basis for the banks’ use. These guidelines should include also delegation of powers at various levels. The decision in regard to surrendering or shifting of premises other than at rural centers should be taken at the central office level by a committee of senior executives.

  2. The Board of Directors of the bank should lay down separate policy for granting of loans to landlords who provide them premises on lease/ rental basis. The rate of interest to be charged on such loans should be fixed as per the lending rate directives issued by RBI with BPLR as the minimum lending rate for the loans above Rs.2 lakhs. The rate of interest may be simple or compound, in accordance with the usual practice of the bank, as applicable to other term loans.

  3. Banks should provide a suitable mechanism for redressing the genuine grievances of the landlord expeditiously.

  4. The details of negotiated contracts in respect of advances to landlords and rental (including taxes etc. and deposits of Rs.25 lakhs and above) on premises taken on lease/ rental by the public sector banks, should be reported to the Central Bureau of Investigation (CBI) as per the extant Government instructions. This requirement will not be applicable to banks in the private sector.

Indian Currency

F) COINS

The Government of India is responsible for the designing and minting of coins in various denominations.

All you wanted to know about NBFCs

G. Other/ miscellaneous aspects

The customer should keep in mind, among others, the following:

 

(i) There is no requirement of keeping any deposit/ margin/ collateral/ primary security with the lender at any stage of the microfinance loan.

(ii) Lender is required to provide a loan card to the borrower in a language understood by the borrower which should have following information:

  1. Information which adequately identifies the borrower;
  2. Simplified factsheet on pricing;
  3. All other terms and conditions attached to the loan;
  4. Acknowledgements by the lender of all repayments including instalments received and the final discharge; and
  5. Details of the grievance redress system, including the name and contact number of the nodal officer of the lender.

(iii) Purchase of any non-credit products is purely voluntary. Fee structure for such products shall be explicitly communicated in the loan card.

(iv) Training provided by the lenders is free of cost.

FAQs on Non-Banking Financial Companies

Prudential Norms

No. The Prudential Norm Return should be certified by the company’s Statutory Auditors only and not by any other Chartered Accountant.

Domestic Deposits

VII. Service charges

Indian Banks’ Association (IBA) has dispensed with the practice of prescribing service charges to be levied by banks for various services rendered by them. With effect from September 1999, the Reserve Bank has granted freedom to banks to prescribe service charges with the approval of respective Board of Directors.

Indian Currency

F) COINS

The Government of India decides on the quantity of coins to be minted on the basis of indent received from the Reserve Bank on yearly basis.

All you wanted to know about NBFCs

G. Other/ miscellaneous aspects

A customer is required to pay only those charges which are explicitly mentioned in the factsheet provided by the lender. Besides this, the customer should also note the following:

(i) There is no pre-payment penalty on microfinance loans.

(ii) Penalty, if any, for delayed payment can be applied only on the overdue amount and not on the entire loan amount.

(iii) Any change in interest rate or any other charge shall be informed to the borrower in writing well in advance and these changes shall be effective only prospectively.

FAQs on Non-Banking Financial Companies

Depositor Awareness

A The RBI regulations are aimed at protecting the depositors' interest indirectly. The Bank also exercises Off-site Surveillance and/or On-site Inspection of NBFCs. The RBI, however, does not guarantee or offer insurance cover to public deposits of NBFCs.

Indian Currency

F) COINS

Coins of denominations 50 paise, one rupee, two rupees, five rupees, ten rupees and twenty rupees continue to be legal tender.

Reserve Bank of India has been issuing press releases from time to time advising the members of public to accept coins as legal tender in all their transactions without any hesitation. These press releases are available on our website www.rbi.org.in under Currency Management > Press release at the following links:

https://rbi.org.in/en/web/rbi/-/press-releases/public-can-continue-to-accept-%E2%82%B9-10-coins-as-legal-tender-rbi-38636

https://rbi.org.in/en/web/rbi/-/press-releases/rbi-reiterates-legal-tender-status-of-%E2%82%B9-10-coins-of-different-designs-42887

https://rbi.org.in/en/web/rbi/-/press-releases/public-can-continue-to-accept-all-the-coins-as-legal-tender-rbi-47414

Further, RBI has been conducting awareness campaigns in Print, SMS and social media and also disseminates awareness on coins through “RBI says’’ and “RBI Kehta Hai’’ from time to time.

Besides, the Reserve Bank has instructed the banks to accept coins for transactions and exchange at all their branches.

All you wanted to know about NBFCs

G. Other/ miscellaneous aspects

RBI has made it mandatory for lenders to display the minimum, maximum and average interest rates charged on microfinance loans in all their offices, in the literature (information booklets/ pamphlets) issued by them and details on their website.

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