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credit analysis:
Finally, is collateral.
What forms of security can you provide? This could be property or equipment, owned by you or your business, or
a guarantee from someone who will pay the loan if you cant.
Thats why we have business bankers located at branches, with the authority to make lending decisions. When
you speak to one of our business bankers, youre speaking to the decision maker, and we know how important
that is to small business.
FAQ
1 - What is a Housing Finance Company (HFC)?
A Housing Finance Company is a company registered under the Companies Act, 1956 (1 of
1956) which primarily transacts or has as one of its principal objects, the transacting of the
business of providing finance for housing, whether directly or indirectly.
2 - What are the requirements for commencing housing finance business by an HFC
under the NHB Act?
For commencing the housing finance business, an HFC is required to have the following in
addition to the requirements under the Companies Act, 1956:
1.
2.
obtaining a certificate of registration from National Housing bank issued under Chapter V of
the said Act, and
2.
having the net owned fund of twenty five laks rupees or such other higher amount, as the
National Housing Bank may, by notification, specify.
NHB, in exercise of its powers have from time to time specified the net owned fund
requirements and w.e.f. April 1, 2014, the said requirement is Rs. 10 crore.
5 - Whether an HFC can conduct business without obtaining certificate of registration
from NHB?
No. HFCs cannot conduct business of housing finance without obtaining a certificate of
registration from NHB. Conduct of business without obtaining certificate of registration is an
offence punishable under the provisions of the National Housing Bank Act, 1987. NHB can
also file application for winding up of such HFCs.
6 - What is the procedure for application to the NHB for Registration?
The applicant company is required to submit a physical copy of the application (in duplicate)
along with the necessary documents to the Head Office of the National Housing Bank. The
application can be viewed and downloaded from NHBs
website http://www.nhb.org.in/Regulation/applicaioncr.php. Application should be made in
the prescribed form only.
7 - What are the requirements for registration with NHB?
A company registered under the Companies Act, 1956 and desirous of commencing business
of a housing finance institution, should comply with the following-
1.
2.
either it should primarily transacts or has as one of its principal objects of transacting the
business of providing finance for housing, whether directly or indirectly; and
it should have a minimum net owned fund of Rs. 10 crore.
NHB, after its satisfaction on the fulfillment of following conditions provided under subsection (4) of Section 29A of the National Housing Bank Act, 1987 by a company, may grant
a Certificate of Registration.
1.
HFC is or shall be in a position to pay its present or future depositors in full as and when their
claims accrue;
2.
Affairs of the HFC are not being or are not likely to be conducted in a manner detrimental to
the interest of its present or future depositors;
3.
General character of the management or the proposed management of the HFC shall not be
prejudicial to the public interest or to the interests of its depositors;
4.
5.
Public interest shall be served by the grant of certificate of registration to the HFC to
commence or carry on the business in India;
6.
Grant of certificate of registration shall not be prejudicial to the operation and growth of the
housing finance sector of the country; and
7.
Any other condition, fulfillment of which in the opinion of the NHB, shall be necessary to
ensure that the commencement of or carrying on the business in India by a HFC shall not be
prejudicial to the public interest or in the interests of the depositors.
2.
3.
(b) further reduced by the amounts representing (1) investments of such institution in shares of1.
its subsidiaries;
2.
3.
(2) the book value of debentures, bonds, outstanding loans and advances (including hirepurchase and lease finance) made to, and deposits with,-
1.
2.
Companies in the same group, to the extent such amount exceeds ten per cent. of (a) above;
subsidiaries and companies in the same group shall have the same meanings assigned to
them in the Companies Act, 1956.
9 - What are the essential documents required to be submitted along with the
application form to NHB?
A filled-in physical copy of the application form (in duplicate) along with necessary
enclosures stated in our websitehttp://www.nhb.org.in/Regulation/applicaioncr.php to
submitted to the Head Office of NHB. An indicative checklist of the documents required to
be submitted is also provided under the heading Instructions for filling up the Application
in the same page.
10 - What are the different categories of HFCs registered with NHB?
HFCs are categorized in terms of the type of liabilities, by NHB, into Deposit and NonDeposit accepting HFCs and are issued Certificate of Registration accordingly.
11 - Where can one find list of Registered HFCs and instructions issued to HFCs?
The list of registered HFCs is available on NHBs website and can be viewed at
1.
http://www.nhb.org.in/Regulation/RegisteredCompanies.php; and
2.
http://www.nhb.org.in/Regulation/NonValidCompanies.php.
12 - Where can one find list of companies whose application for certificate of
registration have been declined/ rejected/ rejected as withdrawn/ cancelled by NHB?
The list of such companies is available on NHBs website and can be viewed
athttp://www.nhb.org.in/Regulation/RejectedCompanies.php.
13 - Whether an appeal lies against the order of rejection of certificate of registration
and if so with whom?
Yes. Such HFC can appeal to the Central Government within a period of 30 days from the
date on which such order of rejection is communicated to it.
14 - Whether NHB can cancel the Certificate of Registration granted to a HFC, and if so
under what circumstances?
In terms of sub-section (5) of Section 29 A of the National Housing Bank Act, 1987, NHB
may cancel a certificate of registration granted to a housing finance company, subject to
certain provisions, if such company
1.
2.
has failed to comply with any condition subject to which the certificate of registration had been
issued to it; or
3.
at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4)
of Section 29A of the National Housing Bank Act, 1987; or
4.
fails-
(a) to comply with any direction issued by the National Housing Bank under the provisions of
Chapter V of the National Housing Bank Act, 1987; or
(b) to maintain accounts in accordance with the requirement of any law or any direction or
order issued by the National Housing Bank under the provisions of Chapter V of the National
Housing Bank Act, 1987; or
(c) to submit or offer for inspection its books of account and other relevant documents when
so demanded by an inspecting authority of the National Housing Bank; or
1.
has been prohibited from accepting deposit by an order made by the National Housing Bank
under the provisions of this Chapter V of the National Housing Bank Act, 1987 and such order
has been in force for a period of not less than three months.
15 - What are the appeal procedure available to a company, aggrieved by the order of
cancellation of certificate of registration or rejection of application for registration?
An aggrieved company may prefer an appeal (in terms of sub-section (7) of Section 29 A of
the National Housing Bank Act, 1987), within a period of thirty days from the date on which
such order of rejection or cancellation is communicated to it, to the Central Government.
16 - HFCs are doing functions similar to banks as bank also provides housing loans.
What is difference between banks & HFCs?
HFCs lend and make investments and hence their activities are akin to that of banks.
However, there are a few differences as given below:
1.
2.
deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is not
available to depositors of HFCs, unlike in case of banks.
Acceptance of Deposits
1. What is a public deposit ?
The expression public deposit has been defined in detail in clause (w) of sub-paragraph (1) of
paragraph 2 of The Housing Finance Companies (NHB) Directions, 2001. However, the definition of
public deposit specifically excludes certain deposits like amount received from Central or State
Governments, banks, publis financial institutions and other institutions, from other companies, mutual
funds etc.
2. Can all HFCs accept public deposits ?
For acceptance of public deposits HFCs can be divided into two categories, i.e. HFCs carrying on the
business of housing finance before June 12, 2000 and HFCs commencing housing finance business
after that date.
(a) Companies carrying on business of housing finance before June 12, 2000 can accept deposits
provided they have NOF of over rupees twenty five lacs and have applied for certificate of registration
with NHB before December 12, 2000 and either have been granted the certificate of registration valid
for acceptance of deposits by NHB or their application is still pending for issue of certificate of
2.
ICRA Ltd.
3.
4.
6. Is there any ceiling on the rate of interest which can be offered by an HFC on public
deposits ?
The Housing Finance Companies (NHB) Directions, 2001 provide for ceiling on the maximum rate of
interest which can be offered by an HFC on public deposits. The present ceiling is twelve and half per
cent per annum compounded at intervals not shorter than monthly rests. However, there is no
stipulation with regard to the minimum rate of interest required to be offered on public deposits by an
HFC.
7. Is there any limitation/ restriction on the period for which public deposit can be accepted by
a HFC?
In terms of the Housing Finance Companies (NHB) Directions, 2001, HFCs can accept public
deposits for periods of one year and above and upto seven years only.
8. Whether a depositor can withdraw his deposit prematurely. If so, are there any conditions
attached to the same ?
Subject to any contract to the contrary an HFC, on a request being made by a depositor, may
consider making premature payment of the deposit subject to the following:
1.
No deposit can be repaid within three months from the date of its acceptance.
2.
No interest shall be paid if the deposit is repaid within six months from the date of deposit.
3.
Where deposit has run from six months to one year the interest not exceeding ten per cent
can be paid.
4.
Where the deposit has run for a period of twelve months, the rate of interest applicable shall
be one percentage point less than that HFCs rate applicable for the period for which the
deposit has actually run.
5.
In case of death of the depositor the deposit may be repaid with interest at the contracted rate
upto the date of repayment of such deposit.
Information relating to aggregate exposure to group companies and other entities in which
Directors of the HFC/ HFC have substantial interest ,
Other statements pertaining to Redressal fora available in case of any deficiency, effect of
non-payment of deposits, financial position of the company, regulatory framework etc. as detailed in
Paragraph 6 to the Housing Finance Companies (NHB) Directions, 2001,
Particulars specified in the Non-Banking Financial Companies and Miscellaneous NonBanking Companies (Advertisement) Rules, 1977, made under section 58A of the Companies Act,
1956 (1 of 1956).
Regulation
1. What are the provisions for regulation of HFCs under the National Housing Bank Act,
1987?
The provisions for regulation of the HFCs as provided under the NHB Act, 1987 are:
Issue of directions to the auditors of the HFCs relating to financial statements and disclosure
requirements
Entry level regulation, i.e., scrutiny of the HFC at the time of Registration
ii.
Off-site surveillance, i.e., through analysis of the information, return, periodicals etc. filed by
the HFCs from time to time.
iii.
On-site inspections, i.e., visit by the officers of the NHB to the offices of HFCs and verification/
scrutiny of the books of accounts, returns, etc.
iv.
4. What are the periodical returns, statements, etc. required to be submitted by the HFCs to
NHB?
The returns/ statements required to be submitted by the HFCs to NHB are enumerated below:
Annual Return
Auditors Certificate on annual basis certifying the capability of the HFC to repay deposits
Returns on changes pertaining to address of the registered office of the HFC, its Directors
etc.
Filing a copy of the advertisement soliciting Public Deposits or statement in lieu thereof
5. What action can NHB take against the HFCs not complying with the provisions of the Act or
the Housing Finance Companies (NHB) Directions, 2001?
As per the NHB Act, 1987, NHB is empowered to take the following actions:
a.
b.
c.
d.
e.
6. What are the provisions under the NHB Act, 1987 and Housing Finance Companies (NHB)
Directions, 2001 for safeguarding the interest of the depositors?
Some of the safeguards under the NHB Act, 1987 and Housing Finance Companies (NHB) Directions,
2001 are enumerated below:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Collection of data periodically to verify compliance with the provisions of the NHB Act and
directions by an HFC to ensure its soundness
Other FAQs
for
Registration?
The applicant company is required to submit a physical
copy of the application (in duplicate) along with the necessary
documents to the Head Office of the National Housing Bank.
The application can be viewed and downloaded
from NHBs
website http://www.nhb.org.in/Regulation/applicaioncr.php
Application should be made in the prescribed form only.
9.
Is it necessary that every HFC should be
registered with NHB?
In terms of Section 29A of the National Housing Bank Act, 1987,
no Housing Finance Company shall commence or carry on the
business of a housing finance institution without 1. obtaining a certificate of registration from National
Housing Bank issued under Chapter V of the said Act, and
2. having the net owned fund of twenty five lakhs rupees or
such other higher amount, as the National Housing Bank
may, by notification, specify.
NHB, in exercise of its powers have from time to time
specified the net owned fund requirements and w.e.f. April 1,
2014, the said requirement is Rs. 10 crore
10.
What are the different categories of HFCs
registered with NHB? Where can one find list of
Registered HFCs and instructions issued to HFCs?
HFCs are categorized in terms of the type of liabilities, by NHB,
into Deposit and Non-Deposit accepting HFCs and are issued
Certificate of Registration
accordingly. The list of
registered HFCs is available on NHBs website and can be
viewed at
1.
http://www.nhb.org.in/Regulation/RegisteredCompanie
s.php; and
2.
http://www.nhb.org.in/Regulation/NonValidCompanies.
php.
11.
What is the Grievance Redressal Mechanism in
place for customers of HFCs regulated by NHB?
Complainant can lodge the complaint with the
respective housing finance company
(HFC) as envisaged in
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13
14
15
16
17
18
19
2.
3.
fails-
2.
3.
http://nhb.org.in/Deposit_Scheme/SALIENT_FEATURES.php
http://nhb.org.in/Deposit_Scheme/SALIENT_FEATURES_NHB
_SUVRIDDHI.php
21.
Whether tax saving deposit is available with
NHB?
NHB SUVRIDDHI (Tax Saving) Term Deposit Scheme: It
is a tax saving deposit scheme for individuals & HUFs U/S 80 C
of Income Tax Act. The minimum deposit in the scheme is Rs.
10,000 and thereafter in multiple of Rs. 10,000 with a fixed
maturity of 60 months. Individuals & HUFs can invest
maximum Rs. 1,00,000 in the scheme. The relevant details of
the
scheme
are
available
on
the
link:
http://nhb.org.in/Deposit_Scheme/SALIENT_FEATURES_NHB_SUV
RIDDHI.php
22.
Why does NHB deduct TDS with a ceiling of
Rs.5000/- p.a. whereas it is Rs.10,000/-p.a. for banks?
As per Section 194A of the Income Tax Act, TDS with a ceiling of
Rs.10,000 is deducted in case of following Institutions:
a. where the payer is a banking company to which the
Banking Regulation Act, 1949 (10 of 1949) applies
(including any bank or banking institution, referred to in
section 51 of that Act);
b. where the payer is a co-operative society engaged in
carrying on the business of banking;
c. on any deposit with post office under any scheme framed
by the Central Government and notified by it in this behalf;
And in any other case TDS is deducted with a ceiling of
Rs.5000/p.a.. As NHB does not fall in any of the above stated
category of Institutions, it deducts TDS with a ceiling of
Rs.5000/- p.a.
23.
Does NHB extend RML?
NHB does not extend loans directly to individuals as per the
provisions of the National Housing Bank Act, 1987.
24.
Who are eligible for RML facility?
RML can be availed by Senior citizens of India (above 60 years)
against the mortgage of the house owned and occupied by
them, subject to compliance with the terms and conditions of
the RML product offered by the Primary Lending Institutions
(PLIs).
25.
What are the income tax rules on RML and
RMLA ?
All payments under RML are exempt from income tax under
Section 10(43) of the Income-tax Act, 1961. The Government of
India have vide Notification No.79/2013/F.No.149/54/2013-TPL
dated October 07, 2013 amended the Reverse Mortgage
Scheme, 2008 to include RMLA in the Reverse Mortgage
(Amendment) Scheme, 2013, also eligible for tax exemption.
26.
Is there any standard valuation method for
availing loan under RML?
purchase. The bank may allow you to pay the remaining in 1015 days. You can apply for a loan for the same.
What are the pros and cons of such buys?
Typically, these properties are 20-30 per cent cheaper than the
market price. Also, since the bank had previously lent against
the property, there is clarity on property title.
However, these properties are sold on an as-is basis. There
may be pending dues or even litigations. These liabilities,
unless checked carefully, can get transferred to you
automatically.
Unpaid bills - One of the main ways that people will get a bad credit history will
be because they have unpaid bills. Make sure you keep your payments up to date and
on time and try to pay them back as soon as possible.
Late payments - While late repayments will affect your credit history, they will not
have as much as an effect as unpaid bills.
Previous credit rejections - If you have recently been declined a home loan,
credit card or personal loan then you may get a bad credit rating from this. Many lenders
see rejections as a negative thing, as it shows you're careless about your credit file.
Applying too often - Tying in with the point above, it is a general rule of thumb
that you should only make an enquiry for credit once every 6 months. Any more than this
could raise a red flag to lenders, as it could show that you're struggling financially and
require credit.
Bankruptcy - If you have declared bankrupt then you will have a bad credit rating
that will stay on your credit file from five to seven years. Even if you've been discharged,
your name stays on a Solvency Index. Lenders can access this Index at anytime.
Liberty Financial
MKM Capital
Pepper Home Loans
Red Z
Resimac
Widebay Australia (Widebay Capricornia)
WE CAN ALSO HELP YOU WITH OTHER BAD CREDIT FINANCIAL PRODUCTS
4. Can I qualify for a bad credit loan if I'm a first home buyer?
You can still apply for a bad credit home loan if this is the first home loan you're applying
for and you have the deposit ready. The same tips and information on this page applies
to first home buyers, as applying for your first home loan as opposed to your second or
third makes no difference to your eligibility all things being equal.
Keep in mind that if you're applying for your first home loan you should still be careful of
your income and your deposit size. This is because unlike a buyer with a proven track
record of paying off a home loan, you might not have an extensive credit history your
lender can look for, so the other aspects of your application will come under more
scrutiny.Here's how to navigate your way into the home loan space so you know which
direction to take.
bad credit home loans in their database, so it's worth calling up and asking what your
options are.
Develop a plan to get your credit file back on track:
Saving up for a deposit - Getting back on track is the first step to saving up a
significant deposit. This could include finding employment and gradually saving up the
amount you need.
Credit repair - While bigger impairments such as bankruptcy are hard to repair,
the smaller impairments such a late repayments, inquiries and defaults can be paid back
and removed from your file.
6. What tips are there for applying for a home loan with bad
credit?
Get expert advice or financial counselling - If you can afford the services of a
financial planner, it might be a good idea to talk about the best strategy in repairing your
credit. Alternatively, the Australian Government provides a free financial counselling
hotline to offer general advice.
FREE FINANCIAL COUNSELLING
If you would like free financial counselling you can call the Financial Counsellors hotline
on 1800 007 007. It is open from 9:30am to 4pm, Monday to Friday
Have a budget to show a savings history and get rid of existing debts When you have a budget you can show your lender exactly where your money is going
and how much is being saved. You will be able to see whether there really is room in
your budget for a mortgage repayment each month and you will have a plan to manage
your home loan and other expenses. Also consider reducing or paying down any credit
cards if you have any.
See where you currently stand - Obtain a copy of your credit report to find out
exactly what you're dealing with. Having a copy of your credit report before you meet
with a bank or mortgage broker to apply for a home loan can also help you uncover
whether there have been any mistakes on your credit report which have led to you
having bad credit. These can be listings such as a bill being declared overdue when you
have actually paid it, or someone fraudulently using your credit card details. In these
7. Are there any home loan features I should avoid if I have bad
credit?
Applying for a home loan if you have bad credit is about more than just applying and
hoping you are accepted. You also need to make sure that your home loan will help you
manage your finances responsibly in the future, and not be tempted into making your
bad credit history even worse. If you have a bad credit history consider avoiding features
which may tempt you into spending more than you can afford, such as:
Line of credit. A line of credit allows you to access the equity in your home up to
a value decided on by your lender. Often you don't need to make repayments until you
have reached the limit of your line of credit, and while a line of credit has a lower interest
rate than most credit cards or personal loans, it requires significant discipline to not
spend more than you can afford to repay.
Redraw facility. Making additional repayments to your home loan is one of the
most financially responsible things you can do, so make sure you look for a home loan
which allows you to make additional repayments without attracting a fee. At the same
time having a redraw facility on your loan can make it very easy to access those funds
again, undoing all of your hard work.
Peter and Mary had been paying their home off for the past
20 years. Unfortunately, Peter fell ill and had to take four months off work. For the first two
months they were able to cover the home loan repayments on the amount in their redraw
account and Mary's wage covering day to day expenses. It was after this two months that the
couple started to struggle, having already taken a repayment holiday, bills were piling up and the
home loan repayment was deemed more important. Numerous letters from the lender sat on the
kitchen table. Peter and Mary eventually fell into arrears on their current mortgage.
A few months later, Peter was able to go back to work again and their finances started getting
back on track. They wanted to refinance their home loan to extend it to 25 years instead so they
could get back on track with smaller repayments. Since they already had a black mark with their
current lender, they refused their application to refinance. Peter and Mary did a significant
amount of research online and decided to apply for a refinance with Pepper home loan. They
already had the deposit ready from the equity they had built in their property. Pepper were happy
to see that Peter was back in employment and offered them a loan.
11. Can I get a home loan with paid defaults on my credit file?
You can still get a home loan if you have paid defaults on your credit file. These will
appear on your credit history and your success will depend on the lender's policy.
12. My partner or spouse has bad credit, does that affect me?
If you decide to apply as a joint application for your home loan, your lender will take into
account your partner or spouse's bad credit history. While your good credit history may
offset some of that, the banks will make an assessment based on the whole and will let
you know of the outcome. If you're declined by a typical lender, then you may need to
If you do have defaults listed on your credit report, there are some
things you can do to improve your chances of being approved for a home loan. Here are
some simple steps to take:
Write a letter for your default explaining how it occurred
Provide evidence to verify your explanation
Pay off any unpaid defaults and ask the credit provider to change your listing to a
paid default instead of an unpaid default
Save as much money as you can. A larger deposit will go in your favour
Search for a lender that is more likely to approve your application, despite your
defaults