Professional Documents
Culture Documents
B.COM IN
FINANCIAL MARKETS
SEMESTER V
(2017-2018)
SUBMITTED
FINANCIAL MARKETS
BY
HEERO HARDASANI
ROLL NO. 22
Page 1
CERTIFICATE
---------------------------- ------------------------------
PROF.HARESH PARPIANI
---------------------------------- ---------------------------------
Page 2
DECLARATION
Wherever the data/information have been taken from any books or other sources the same have
been mentioned in bibliography.
STUUDENT SIGNATURE
----------------------------
HEERO HARDASANI
(ROLL NO.22)
Page 3
ACKNOWLEDGEMENT
I take this opportunity with great pleasure to present before you this project on NON-
BANKING FINANCIAL COMPANIES which is a result of co-operation and hard work I
would like to express my deep sense of gratitude towards all those people without whose
guidance and inspiration this project would never be fulfilled.
I am grateful to Mumbai university for giving me the opportunity to work on this project. I
would also like to thank our principal (SMT).SUDHA VYAS for giving me such a brilliant
opportunity to present a creative outcome in the form of a project.
Any accomplishment requires the efforts of many people and this project is not different. I find
great pleasure in expressing my deepest sense of gratitude towards my project guide
PROF.HARESH PARPIANI, whose guidance & inspiration right from the conceptualization
to the finishing stages proved to be very essential & valuable in the completion of the project.
I would like to thank the library staff, and my classmates for their invaluable suggestion &
guidance for my project work . last but not the least , I had like to thank my parents without
whose cooperation and support it would have been impossible for me to complete this project.
Page 4
INDEX
2 DEFINATION ON NBFC 12
4 CLASSIFICATION OF NBFC 14
6 ROLE OF NBFC 23
7 FUNCTIONS OF NBFC 26
16 CONCLUSION 59
17 BIBLIGRAPGHY 61
18 WEBSITES 62
Page 5
INTRODUCTION:
We studied about banks, apart Iron banks the Indian Financial System has a large number of
privately owned, decentralised and small sized Financial institutions Known as Non-banking
the Indian economic growth by providing deposit Facilities and specialized credit to certain
segments of the society such as unorganized sector and small borrowers. In the Indian
Financial System, the NBFCs play a very important role in converting services and provide
credit to the Unorganized sector and small borrowers. NBFCs provide Financial services like
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
companies. NBFCs are heterogeneous group ofFinance companies means all NBFCs
system. NBFCs are the intermediaries engaged in the business ofaccepting deposits and
delivering credit. They play very crucial role in channelizing the scare Financial resources to
Page 6
capital Formation. NBFCs supplement the role of the banking sector in meeting the
increasing Financial need of the corporate sector, delivering credit to the unorganized
sector and to small local borrowers. NBFCs have more Flexible structure than banks. As
compared to banks, they can take quick decisions, assume greater risks and tailor-make their
services and charge according to the needs of the clients. Their Flexiblestructure helps in
broadening the market by providing the saver and investor a bundle of services on a
institutional structure of the organized Financial system in India. The Financial System of
are not always mutually exclusive. Inter-relationships Between these are parts ofthe
system e.g. Financial Institutions operate in Financial markets and are, therefore, a part of
such markets.
NBFCs at present providing Financial services partly Are based and partly Fund based.
There Are based services include portfolio management, issue management, loan
syndication, merger and acquisition, credit rating etc. their asset based activities include
FinancingFactoring etc. In short they are now providing variety ofservices. NBFCs differ
MotorsT.V. Finances and Services Ltd). Many others are owned by banks such as ICICI
Banks, ICICI Securities Ltd, SBI Capital Market Ltd, Muthoot Bankers Muthoot Financial
Services Ltd a key player in Kerala Financial services. Other Financial institutions are
IFCIs IFCI Financial Services Ltd or IFCI Custodial Services Ltd (Devdas, 2005). Non-banking
Page 7
Financial Institutions carry out Financing activities but their resources are not directly obtained
From the savers as debt. Instead, these Institutions mobilize the public savings For
rendering other Financial services including investment. All such Institutions are Financial
intermediaries and when they lend, they are known as Non-Banking Financial
being equivalent to 'money. However, Finance exactly is not money; it is the source of
providing FundsFor a particular activity. The word system, in the term Financial system,
practices, markets, transactions, claims, and liabilities in the Economy. The Financial
system is concerned about money, credit and Finance. The three terms are intimately related
yet are somewhat differentFrom each other: O Money refers to the current medium of exchange
interest; it refers to a debt O Finance is monetary resources comprising debt and ownership
HISTORICAL BACKGROUND.
The Reserve Bank of India Act, 1934 was amended on 1st December, 1964 by the Reserve Bank
deposits and Financial institutions. It was observed that the existing legislative and
number ofdefaulting NBFCs and the need For an efficient and quick system ForRedressedof
grievances of individual depositors. Given the need For continued existence and growth
ofNBFCs, the need to develop a of prudential legislations and a supervisory system was Ieft
especially to encourage the growth of healthy NBFCs and weed out the inefficient ones. With a
Page 8
view to review the existing Framework and address these shortcomings, various
committees were Formed and reports were submitted by them. Some of the committees
The James Raj Committee was constituted by the Reserve Bank of India in 1974. After
studying the various money circulation schemes which were Located in the country
during that time and taking into consideration the impact of such schemes on the
economy, the Committee after extensive research and analysis had suggested For a ban on
Prize chit and other schemes which were causing a great loss to the economy. Based on
these suggestions, the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 was
enacted..
The Working Group on Financial Companies constituted in April 1992 i.e. the Shah Committee
set out the agenda Forreforms in the NBFC sector. This committee made wide ranging
sized NBFCs, prescription of prudential norms ForNBFCs on the lines of banks, stipulation
of credit rating For acceptance of public deposits and more statutory powers to Reserve
Page 9
This Group was set up with the objectiveof designing a comprehensive and effective
supervisory rating system For the registered NBFCs. The ratings assigned to NBFCs would
primarily be the tool For triggering on-site inspections at various intervals. ii. Supervisory
attention and Focusof the Reserve Bank to be directed in a comprehensive manner only
to those NBFCs having net owned FundsofRs.100 laths and above. iii. Supervision over
unregistered NBFCs to be exercised through the off-site surveillance mechanism and their
circumstances. iv. Need to devise a suitable system For co-coordinating the on-site
inspection of the NBFCs by the Reserve Bank in tandem with other regulatory
acceptance of deposits, investment operations, leasing etc to a great extent. The committee
stressed the need Foridentifying an appropriate authority to regulate the activities of these
companies, including plantation and animal husbandry companies not Falling under the
regulatory control ofEither Department of Company Affairs or the Reserve Bank, as Far
as their mobilization of public deposit was concerned. vi. Introduction of a system whereby
the names of the NBFCs which had not complied with the regulatory Framework /
directions of the Bank or had failed to submit the prescribed returns consecutively For
Page
10
This committee was Formed to examine all aspects relating to the structure, organization
&Functioning of the Financial system. These were the committee`s which Founded non- banking
Financial companies.
MEANING
Non-Banking Financial Companies (NBFCs) play a vital role in the context ofIndian
Economy. They are indispensable part in the Indian Financial system because they
supplement the activities of banks in terms of deposit mobilization and lending. They
play a very important role by providing Finance to activities which are not served by the
organized banking sector. So, most the committees, appointed to investigate into the
activities, have recognized their role and have recognized the need For a well-established
company registered under the Companies Act, 1956 and is engaged in the business of
Government or local authority or other securities of like marketable nature, leasing, hire-
purchase, insurance business, chit business but does not include any institution
company and which has its principal business of receiving deposits under any scheme of
arrangement or any other manner, or lending in any manner is also a non- banking
Financial company.
Page
11
(f) A non-banking institution, which is a company and which has its principal
business the receiving of deposits under any scheme or lending in any manner.
(ii) Such other non-banking institutions, as the bank may with the previous approval of
the central government and by notification in the official gazette, specify. NBFCS provide a
range of services such as hire purchase Finance, equipment lease Finance, loans, and
investments. NBFCS have raised large amount of resources through deposits From public,
debentures, and so on. Non-banking Financial Institutions carry out Financing activities but their
resources are not directly obtained From the savers as debt. Instead, these Institutions
mobilize the public savings For rendering other Financial services including investment.
All such Institutions are Financialintermediaries and when they lend, they are known as
CORPORATION (GIC).
Page
12
According to A.C. Shah Committee, a number ofFactors have contributed to the growth
lower degree of regulation over NBFCs has been one of the main reasons For their
growth. During recent years regulation over their activities has been strengthened, as see a
little later. The merit of non-banking Finance companies lies in the higher level of their
customer orientation. They involve lesser pre or post-sanction requirements, their services
are marked with simplicity and speed and they provide tailor-made services to their clients.
NBFCs cater to the needs of those borrowers who remain outside the purviewof the commercial
banks as a result of the monetary and credit policy of RBI. In addition, marginally higher
rates of interest on deposits offeredby NBFCs also attract a large number of depositors
Regulation of NBFCs In 1960s, the Reserve Bank made an attempt to regulate NBFCs by
issuing directions to the maximum amount of deposits, the period of deposits and rate
ofinterest they could offer on the deposits accepted. Norms were laid down regarding
maintenance of certain percentage of liquid assets, creation of reserve Funds, and transfer
thereto every year a certain percentage of profit, and so on. These directions and norms
were revised and amended From time to time. In 1997, the RBI Act was amended and the
Reserve Bank was given comprehensive powers to regulate NBFCs. The amended Act
made it mandatory For every NBFC to obtain a certificateof registration and have
minimum net owned Funds. Ceilings were prescribed For acceptance of deposits, capital
adequacy, credit rating and net-owned Funds. The Reserve Bank also developed a
were also issued to the statutory auditors to report non-compliance with the RBI Act
Page
13
andregulations to the RBI, Board of Directors and shareholders of the NBFCs.
CLASSIFICATION OF NBFCs:
and Non-deposit-taking NBFCs. Depending on the nature their major activity, the non-
banking Financial companies can be classified into the Following categories, they are:
(a) Equipment leasing company means any company which is carrying on the activity
(b) The leasing business takes place of a contract between the lesser (lessor means the
Page
14
(c) &under leasing of equipment business a lessee is allowed to use particular capital
(d) Hence, the lessee does not purchase the capital equipment, but he buys the right to
use it.
(f) Operating leasing: In operating leasing the producer of capital equipment offers his
product directly to the lessee on a monthly rent basis. There is no middleman in operating
leasing.
(ii) Finance leasing: In Finance leasing, the producer of the capital equipment sells
the equipment to the leasing company, then the leasing company leases it to the Finance user of
the equipment. Hence, there are three parties in Finance leasing. The leasing company acts as a
middleman between the producer of equipment and the user of equipment. Benefits/Advantages
of Leasing:
(1) 100 finance: They borrower in the equipment can get up to 100 Finance For the
use of capital through leasing arrangement in the sense, that the leasing company provides
the equipment immediately and the borrower need not pay the Full amount at once. Hence, the
borrower can use the amount Forfulfilling other needs such as expansion development, etc.
(2) Payment is easier: Leasing Finance is costlier. However, the borrower Finds it convenient
(easy) as he has to pay in instalments out of the return From the investment in the equipment.
Page
15
(3) Tax concessions: The borrower can get tax concessions in case of leasing
equipments. The total amounts of rent paid on leased equipment are deducted From the gross
income. In case of immediate purchase, interest on the loan and the depreciation are
(a) Hire purchase Finance company means any company which is carrying on the main
(b) In hire-purchase, the owner of the goods hires them to another party For a certain
period and For a payment of certain instalment until the other party owns it.
(c) The main Featureof hire-purchase is that the ownership of the goods remains with
the owner until the last instalment is paid to him. The ownership of goods passes to the
(d) Hire-purchase is needed by Farmers, professionals and transport group people to buy
(e) It is a less risky business because the goods purchased on hire purchase basis serve
(g) The problem of recovery of loans does not occur in most cases, as the borrower is
able to pay back the loan out ofFuture earnings through the regular generation ofFunds out
Page
16
(h) In India, there are many individuals and partnership Firmsdoing this business. Even
purchase credit.
(a) A housing Finance company means any company which is carrying on its main
housing purposes.
(b) Housing Finance companies also accept the deposits and lend money only For
housing purposes.
(c) Even though there is a heavy demand For housing Finance, these companies have not
made much progress and as on 31st March, 1990 only 17 such companies here reported to
the RBI.
(d) The ICICI and the Canara Bank took the lead to sponsor housing Finance
companies, namely, Housing Development Corporation Ltd. and the CanIin Homes Ltd.
(e) All the information about the Housing Finance companies is available with the
National Housing Bank. Housing Finance companies also have to compulsorily to register
(e) National Housing bank is the apex institution in the Fieldof housing. It promotes
Page
17
Investment Companies:
(a) Investment company means any company which is carrying on the main business of
securities.
(b) Investment companies in India can be broadly classified into two types:
(f) In case of large industrial groups, there are holding companies which buy shares
(ii) They normally purchase the shares of the institution with the aim of controlling it
(ii) Investment companies collect the deposits From the public and invest them in securities.
(iii) The main aim of investment companies is to protect small investors by collecting
their small savings and investing than in different securities so that the risk can be spread.
(iv) An individual investor cannot do all this on his own, due to lack of expertise in
investing. Hence, investing companies are Formed For collective investing. Companies are
(v) Another benefitof an investment company is that it offers trained, experienced and
Page
18
(vi) It helps the investors to select a Financially sound and liquid security. Liquid security
(vii)In India investment trusts are very popular. They help in putting the savings of people
(viii)Some of the investment trusts also do underwriting, promoting and holding company
(ix)These investments trusts help in the survival of business in the economy by keeping the
Loan company:
(a) A loan company means any company whose main business is to provide Finance
(b) It does not include a hire purchase Finance company or an equipment leasing company or a
(d) Loan companies have very little capital, so they depend upon public deposits as
their main source ofFunds. Hence, they attract deposits by officering high rates of interest.
(e) Normally, the loan companies provide loans to wholesalers, retailers, small-scale industries,
(f) Most of their loans are given without any security. Hence, they are risky.
Page
19
(g) Due to this reason, the loan company charges high rate of interest on its loans.
Loans are generally given For short period of time but they can be renewed.
(b) A mutual benefitFinancial company means any company which is noticed under
(d) &usually, it is registered with only very small number of shares. The value of the shares is
(e) It accepts deposits From its members and lends only to its members against tangible
securities.
Chit-fund Companies: history: The chit fund schemes have a long history in the
southern states of India. Rural unorganized chit Funds may still be spotted in many
southern villages. However, organized chit fund companies are now prevalent all over India.
The word is Hindi and refers to a small note or piece of something. The word passed into the
British colonial 'lexicon and is still used to refer to a small piece of paper, a child or
small girl how Chit Fund help? Chit Funds have the advantage both For serving a need and
decisions and varies From auction to auction. The money that you borrow is against your own
Future contributions. The amount is given on personal sureties too; unlike in banks and
Page
20
other Financial institutions which demand a tangible security. Chit Funds can be relied upon
to satisfy personal needs. &unlike other Financial institutions, you can draw upon your
chit fund For any purpose - marriages, religious Functions, medical expenses, just anything...
(a) Chit Funds companies are one of the oldest Forms of local non-banking Financial
institution in India.
(c) These institutions have originated From south India and are very popular over there.
(d) A chit fund organization is an organizationof a number of people who info together and
subscribe (contribute) amounts monthly so that any members who is in need ofFunds can
draw the amount less expenses For conducting the chit. It is an organization run on co-
operative basis For the benefitof the members who contribute money, the Funds are used by
(e) It helps the persons who save money regularly to invest their savings with good
chances of profit.
(f) Chit Funds have many defects as the rate of return given to each member is not the
same.
(g) It differsFrom person to person, this leads in improper distribution of gains and losses. (h)
Also, the promoters of these Funds do everything For their own benefit to get maximum income.
(f) Hence, the banking commission has made suggestions to pass uniform chit Funds laws
Page
21
Residuary Non-banking Companies:
(a) The term "residue" means a small part of something that remains. As the meaning of
the term shows, a residuary company is one which does not falling any of the above categories.
(c) Deposits are collected From a large number of people by promising them that their
(d) The collection of deposits is done at the doorsteps of depositors through bank staff,
(e) These companies get the Funds at low cost For longer terms, at they invest them in
(f) Many of these companies operate with very small amount of capital.
(g) They have some adverse (bad) Features, such as: (ii) Some do not submit periodic returns
to the regulatory authority. (iii) Some of them do not appoint banks, etc
important role in promoting the utilization of savings among public. NBFC`s are able to
reach certain deposit segments such as unorganized sector and small borrowers were
commercial bank cannot reach. These companies encourage savings and promote careful
spending ofmoney without much wastage. They offer attractive schemes to suit needs
Page
22
ofvarious sections of the society. They also attract idle money by officering attractive rates of
interest. Idle money means the money which public keep aside, but which is not used. It is
surplus money.
(2) Provides easy. timely and unusual credit:NBFC`s provide easy and timely credit
to those who need it. The Formalities and procedures in case of NBFC`s are also very
less. NBFC`s also provides unusual credit means the credit which is not usually provided
by banks such as credit For marriage expenses, religious Functions, etc. The NBFC`s are open
to all. Every one whether rich or poor can use them according to their needs.
Now, NBFC`s are providing a variety of services such as mutual Funds, counselling,
merchant banking, etc. apart From their traditional services. Most of the NBFC`s reduce
productive purposes. Productive purposes mean they invest the savings of people in businesses
which have the ability to earn good amount of returns. For example In case of leasing
companies lease equipment to industrialists, the industrialists can carry on their production with
less capital and the leasing company can also earn good amount of profit.
(5) Provide housing Finance: NBFC`s, mainly the Housing Finance companies provide
housing Finance on easy term and conditions. They play an important role in fulfilling the basic
Page
23
human need of housing Finance. Housing Finance is generally needed by middle class and lower
relating to wise investment OfFunds as well as how to spread the risk by investing in different
securities. They protect the small investors by investing their Funds in different securities.
They provide valuable services to investors by choosing the right kind of securities which
will help them in gaining maximum rate of returns. Hence, NBFC`s plays an important role by
(7) Increase the Standard of living:NBFC`s play an important role in increasing the
standard of living in India. People with lesser means are not able to take the benefitof various
goods which were once considered as luxury but now necessity, such as consumer durables like
Television, Refrigerators, Air Conditioners, Kitchen equipments, etc. NBFC`s increase the
Standard of living by providing consumer goods on easy instalment basis. NBFC`s also
Facilitate the improvement in transport Facilities through hire- purchase Finance, etc.
Improved and increased transport Facilities help in movement of goods From one place
to another and availability of goods increase the standard of living of the society.
public. Generally, they receive deposits From public by way of depositor a loaner in any Form.
In turn the NBFC`s issue debentures, units` certificates, savings certificates, units, etc. to the
public.
Page
24
(9) Promote Economic Growth:NBFC`s play a very important role in the economic
growth of the country. They increase the rate of growth of the Financial market and
provide a wide variety of investors. They work on the principle of providing a good rate of
return on saving, while reducing the risk to the maximum possible extent. Hence, they
help in the survival of business in the economy by keeping the capital market active and busy.
They also encourage the growth of well- organized business enterprises by investing their
Funds in efficient and Financially sound business enterprises only. One majorbenefitof
NBFC`s speculative business means investing in risky activities. The investing companies
are interested in price stability and hence NBFC`s, have a good influence on the stock-
market. NBFC`s play a very positive and active role in the development of our country.
Page
25
Functions of Non- Banking Financial Companies:
The primary Functionofnbfcs is receive deposits From the public in various wayssuch as issue
of debentures, savings certificates, subscription, unit certification, etc.
thus, the deposits ofnbfcs are made up of money received From public by way of
professionals, and middle income group people to buy the equipment on the
basis on Hire purchase. After the last instalmentof Hire purchase paid by
it, as a hire, against the payment of a monthly rent. The borrower need not
purchase the capital equipment but he buys the right to use it.
Page
26
(d) Other types of finance provided by NBFCs include:
activities, paying off old debts, etc. NBFCs provide easy and timely Finance
and generally those customers which are not able to get Finance by banks
Commercial Bank versus (v/s) Non-banking Financial Companies While commercial banks
and non-banking Financial companies are both Financialintermediaries (middleman)
receiving deposits From public and lending them.
Commercial bank is called as 'Big brother while the 'NBFC is called as the
'Small brother. But there are some important differences between both of them,
Page
27
No. Commercial Banks. VSNon-Bank Financial companies.
1. Issue of cheques:
In case of commercial banks, a In case of NBFC`s there is no
cheque can be issued against bank facility to issue cheques against
deposits. bank deposits.
Page
28
RBI Guidelines for Asset-Liability Management (ALM) system in NBFCs.
This note lays down broad guidelines in respect of interest rate and liquidity
risks management systems in NBFCs which Form part of the Asset Liability Management
accepting deposits or not, or holding public deposits ofRs.20 crores or more. Sl.No.
introduction of ALM system by banks and all India Financial intuitions have already been
issued by Reserve Bank of India and the system has become operational. Since the
operations ofFinancial companies also give rise to Asset Liability mismatches and interest
rate risk exposures, it has been decided to introduce an ALM system For the NON-
Foreffective risk management in their various portfolios. A copy of the guidelines For
1. In the normal course, NBFC'S are exposed to credit and market risks in viewof the
asset-liability transportation. With liberalization in Indian Financial markets over the last
few years and growing integration ofdomestic with external markets and entry of MNC's
For meeting the credit needs of not only the corporate but also the retail segments, the
risks associated with NBFC's operations have become complex and large, requiring
strategic management. NBFC`s are now operating in a fairly deregulated environment and
are required to determine on their own, interest rates on deposits, subject to the ceiling
Page
29
ofmaximum rate of interest on deposits they can offer on deposits prescribed by the Bank; and
and other securities are also now market related. Intense pressure on the management of
NBFC's to maintain a good balance among spreads, profitability and long-term viability.
Imprudent liquidity management can put NBFC's earnings and reputation at great risk.
2. NBFC's need to address these risks in a structured manner by upgrading their risk
practices than has been done hitherto. ALM, among other Function, is also concerned
measuring, monitoring and managing liquidity and interest rate equity and commodity
price risks ofmajor operators in the Financial system that needs to be closely integrated
with the NBFC's business strategy. It involves assessment of various types of risks and
3. This note lays down broad guidelines in respect of interest rate and liquidity risks
management systems in NBFC's which Form part of the Asset-Liability Management (ALM)
Function. The initial Focusof the ALM Function would be to enforce the risk management
discipline i.e. managing business afterassessing the risks involved. The objectiveof good
risk management systems should be that these systems will evolve into a strategic tool
ForNBFC's management.
Page
30
O Information availability, accuracy, adequacy and expediency
O ALM Organization
O Risk parameters
O Risk identification
O Risk management
philosophy which clearly species the risk policies and tolerance limits. This Framework
needs to be built on sound methodology with necessary information system as back up.
Thus, information is the key to the ALM process. It is, however, recognized that varied
business profiles of NBFC's in the public and private sector do not make the adoption of
a uniform ALM System For all NBFC's Leasable. NBFC's have heterogeneous organizational
structures, capital base, asset sizes management profile, business activities and
geographical spread. Some of them have large number of branches and agents/ brokers
(a) Successful implementation of the risk management process would require strong
commitment on the part of the senior management in the NBFC, to integrate basic
operations and strategic decision making with risk management. (b) The Asset-Liability
Page
31
Committee (ALCO) consisting of the NBFC's seniormanagement including Chief
Executive Officers (CEO) should be responsible For ensuring adherence to the limits set by
the Board as well as For deciding the business strategy of the NBFC (on the assets and liabilities
sides) in line with the NBFC's budget and decided risk management objectives. (c) The
monitoring and reporting the risk profiles to the ALCO. The staff should also prepare
conditions related to the balance sheet and recommended the action needed to adhere to
they become due, liquidity management can reduce the probability of an adverse situation
shortfall in one institution can have repercussions on the entire system. NBFCs
management should measure not only the liquidity positions of NBFCs on an ongoing basis but
also examine how liquidity requirements are likely to involve under different assumptions.
Experience shows that assets commonly considered as liquid, like Government securities
and other money market instruments, could also become illiquid when the market and
players are unidirectional. NBFCs holding public deposits are required to invest up to a
terms of liquid asset requirement of section 45-IB of the RBI Act,1934. Residuary Non-
prescribed in the Directions issued under the said Act. There is no such requirements For
Page
32
NBFCs which are not holding public deposits. Thus various NBFCs including RNBCs
securities'. Financial Companies Regulation Bill. 000. The Government of India Framed the
Financial Companies Regulation Bill, 2000 to Consolidate the law relating to NBFCs and
unincorporated bodies with a view to ensured posit or protection. The salient Featuresof this
Bill are: All NBFCS will be known as Financial Companies instead of NBFCs; NBFCs
holding public deposits would not be allowed to carry on any non-Financial business
without the prior approval of RBI; RBI would have the powers to prescribe minimum
net-worth norms; unsecured depositors would have First charge on liquid assets and assets
created out of deployment of part of the reserve Fund. Financial Companies would require
prior approval of RBI For any change in name , management or registered office;
Governments; Penalties have been rationalized with the objective that they should serve
as a deterrent and investigative powers have been vested with District Magistrates and
delinquent Financial companies; Any sale of property in violation of RBI order would be
void; The Company Law Board will continue to be the authority to adjudicate the claims
of depositors. Financial companies would have no recourse to the CLB to seek deferment
of the depositors` dues. The Bill has been introduced in Parliament in 2000 and has since been
referred to the Standing Committee on Finance. 8.0 Anomalies in the NBFC regulations.
Page
33
1. Clarity in Definition of NBFC:
The clause (a) of the section 45 I of the RBI Act define the term
Financial company referred to in clause (f).` Therefore, to understand what the business
clauses (c) and (f). Clause (c) defines the term Financial Institution` and clause (f)defines
NBFC itself . However, the clause (f) contains a comprehensive and exclusive definition
an NBFC. As per this clause a non-banking Financial company`` means (f) A Financial
which has as its principal business the receiving of deposits, under any scheme or
arrangement or in any other manner, or lending in any manner; (iii) Such other non-
banking institution or class of such institutions, as the Bank may , with the previous
However, no cooperative or corporation has been noticed till now. The definition of
NBFC should have been simple to understand and need to cross references to other
Page
34
The definitionof NBFC in our few could have been: Non-Banking Financial Company``
its business any of the Following activities, namely: (f) The Financing, whether by
way of making loans or advances or otherwise , of any activity other than its own.
(ii) The acquisition of shares, stock, bonds, debentures or securities issued by the
Government or local authority or other marketable securities of a like nature . (iii) Letting or
clause (c) of section 2 of the Hire-Purchase Act, 1972. (iv) The carrying on of any class of
any other capacity, of chits or kuris as defined in any law which is For the time
being in Force in any State, or any business, which is similar thereto. (vi) Collecting, For
any purpose or under any scheme or arrangement by whatever name called, monies
instruments or in any other manner and awarding prizes or gifts, whether in cash or
kind, or disbursing monies in any other way, to persons From whom monies are
collected or to any other person, but does not include any institution, which carries on as
its principal business:(a) Agricultural operations; or (industrial activity; or) (b) The purchase
or sale of any goods (other than securities) or the providing of any services; or (c) The
and which has as its principal business The receiving of deposits, under any scheme or
Page
35
institution or class of such institutions, asthe Bank may, with the previous approval
The sub clause (ii) of clause (f) which defines NBFC states that a non- banking
company that has as its principal business the receiving of deposits, under any scheme or
Moreover, clause (c) that defined Financial institution` also refers to the phrase Principle
business when it states that Financial institution Does not include institution that
activity; or (b) the purchase or sale of any goods (other than securities) or the providing
however, that no portion of the income of the institution is derived From the
absence of a definitionof the term principal business` in the Act itself, it is not clear what
doing exclusively non-Financial business, the principalbusiness` will be evident enough and
it may not be necessary to dwell upon What constitutes principal businesses of such a
activities, both Financial and Non- Financial, in somewhat equal or near equal
context of the obligations cast by the amended provisions Of the RBI Act on the NBFCs,
Page
36
viz., requirement of applying for registration in case Of existing companies and prior
requirements, etc.
Standards and Guidance notes issued by the Institute of CharteredAccountants of India shall
be Followed in so Far as they are not inconsistent With any of the Directions.
Standards) Rules 2006, which are applicable To accounting periods commencing on or after
7-12-2006. The Government of India Framed a new legislation to amend and consolidate
the Provisions contained in Chapter IIIB, III-C and V of the RBI Act, 1934 relating to the
NBFCs, which had made certain recommendations to this edict. The salient Featuresof the
proposed legislation, which are materially different fromThe corresponding provisions of RBI
I. Basic Stipulations:
(I) The draft bill has been named as 'Financial Companies Regulations Bill, 2000. All
Page
37
(ii) The term 'public deposit' has been defined in the Bill For the First time and
(iii) There would be a nine member Advisory Council For Financial Companies under
the Chairmanship of Depute Companies and other experts in related Areas to advise the
Reserve Bank.
(iv) NBFCs holding /accepting public deposits would be prohibited Fromcarrying on any
non- Financial business without the prior approval of the Reserve Bank and the non-
a subsidiary within three years. Any other business or Are-based activity like insurance
agency business, portfolio management, etc., would require prior approval of the Reserve
Bank.
(I) The requirement of obtaining the COR From the Reserve Bank would be compulsory
For all Financial Companies, irrespective of whether the Companies accept public deposits
or not. However, the nonpublic Deposittaking Financial companies would require minimum
owned Fundof Rs.25 Lakh, whereas the public deposit taking Financial companies would
require Minimum net owned Fund (NOF) of Rs.2 Crores and a specific authorization From the
(ii) There would be powers with the Reserve Bank to: (a) Prescribe different capital fordifferent
classes offinancial companies, (b) Raise the requirement of minimum owned Fund (entry norm)
From Rs.25 Lakh to of Rs.25 Lakh to Rs.2 crores For the existing
Page
38
FinancialCompaniesaccepting public deposits. However, sufficient time would be allowed to
(iii) The requirement of creation of reserve Fund would be applicable only to the Financial
companies accepting public deposits, as against the earlier requirement applicable to all
NBFCs.
(iv) &secured depositors would have First charge on liquid assets and assets created out
(v) The Financial companies would require prior approval of the Reserve Bank For any
change in the name, change in the management or change in the location of the registered
office.
delinquent Financial company and a duty has been cast on such company to cooperate with such
Special Officers(s).
(ii) The Company Law Board (CLB) would continue to be authority to adjudicate the
claims of depositors against the delinquent companies with powers to order initial payment
(iii) The prohibitory provisions For unincorporated bodies would continue in the Financial
Companies Regulations Bill, but the role of exercising the powers Forenforcementof these
Page
39
provisions have been exclusively entrusted to State Governments, in addition to the powers
under the respective State Laws Forprotecting the interests of investors in Financial
establishments.
(iv) There would be powers vested in the District Magistrates to call Forinformation and
(v) There would be a ban on the issue of advertisement For soliciting deposits by all
unincorporated bodies, irrespective of whether they are conducting Financial business or not.
Registration have been rejected, (b) whose registration has been cancelled, (c) who have
been prohibited From accepting public deposits would be a cognizable offence. The same
would be the case Forunregistered Financial companies as well as unincorporated bodies. (vii)
Powers would be vested with a police officerof the rank not below that ofthe
Superintendent of Police OF any State to order investigations into the alleged violations of
by unincorporated bodies.
(viii) Penalties have been rationalized in accordance with the severity ofdefaults, with the
objective that the penalty should serve as a deterrent to others. The Bill has been introduced in
the Parliament in 2000 and has since been referred to the Standing Committee on Finance.
The Government of India Framed the Financial Companies Regulation Bill, 2000, to
consolidate the law relating to NBFCs and unincorporated bodies with a view to ensure depositor
protection.
Page
40
AN APPRAISAL OF FINANCIAL COMPANIES REGULATION BILL. 000: THE
UNION Government's move to enact a separate law to regulate and control the non-
banking Finance companies (NBFC) sector is indeed laudable, after a large number NBFCs had
Nailed to repay public deposits, ruining thousands of gullible investors, drawn mainly
From the middle class strata of the society. However, a careful perusal of the new bill,
introduced in the Lok Sabha on December 13, shows that this legislation seeks largely to
consolidate into a single stand-alone enactment the regulatory provisions concerning the
NBFC sector already existing in Chapters 111-B and C of the Reserve Bank of India
Act, 1934, (RBI Act), as amended in 1997. Thus the new law, when enacted, will just
be old wine in new bottle. It was in the wake of the CRB scam that left several thousands
of depositors high and dry that the RBI Act was amended in 1997 to empower, inter
alia, the Company Law Board (CLB) to hear and decide complaints From depositors on
defaults committed by Financial companies. However, an objective study will reveal that
the RBI (Amendment) Act, 1997, which added Chapter IR-B to the parent Act, has
hardly benefited the depositor Fraternity. The winding-up petition Ailed against CRB by
the RBI under the new provisions in 1997 is still pending with the Delhi High Court. The
perpetrators of the CRB Fraud have been bailed out and are scot-free. Many depositors have
been devastated. Justice delayed is indeed justice denied. Ineffective CLB orders Close on the
heels of this `mother' scam came a host of other NBFC Failures - to name a Few,
Prudential Capital Markets, Lloyds Finance, Enarai Finance and Kirloskar Investments.
The CLB's orders on all these cases, directing the companies concerned, to pay the
depositors in accordance with specified phased repayment schedules are just dead letters.
Repayments are yet to start at Prudential though the CLB order was passed in 1998; Lloyds
Page
41
continues to default on repayments and is way behind schedule. Repeated representations
From the aggrieved depositors of these companies to the CLB and the RBI have failed
to improve matters. The RBI simply passes the buck on to the CLB. The latter justdoes
not have either the determination or the will to punish the errant boards and
managements though it has all the requisite powers under the Companies Act to do so. The
result - the depositors continue to skier. ICICI got the CLB order on Enarai Finance
stayed and Ailed a liquidation petition against the company, which is still pending. The
RBI was inspired to Follow ICICI's example in the case ofKirloskar Investments and is
keenly awaiting the Karnataka High Court's order on its liquidation petition Ailed last February.
Against such a dismal scenario, is it not disappointing that the new bill provides Forpayment
defaults by the NBFCs to be adjudicated by the CLB? The CLB has no power to review
its own orders. It refuses to entertain petitions From depositors to amend/clarify its orders and
curtly asks the petitioners to approach the High Court. Their order is routinely challenged at
the High Courts and stays obtained. The courts being overburdened with cases are least
bothered to hear and dispose of the stay petitions expeditiously. The lay depositor is an
unsecured creditor; he is entitled to immediate reliefif the company defaults. This can be
provided by compulsory insurance of his deposit. Bank deposits are automatically insured up
to Rs. 1 Lakh per account. Moreover, as an added protection to depositors, the Finance Minister
has declared in Parliament that no public sector bank will be liquidated. Why cannot the
RBI make it mandatory For NBFCs too to insure the deposits taken by them and issue
certificatesof insurance along with the deposit receipts? II this were done, in the event
ofdefault, all that the depositor has to do is to approach the insurance company and claim
his deposit and expeditious remedy and merits incorporation in the bill. With the opening of the
Page
42
insurance business to the private sector, insurance of NBFC deposits should not pose any
problem. The insurance premium could be allowed as tax deductible expenditure in the
company's assessments. For the First time, the bill provides For a First charge on the company's
assets to the depositor. However, in practice, this will be no solace to the depositor. For,
the `First charge' is available only upon default. Further, the charge is not on the entire assets. It
is on a maximum of 25 per cent of the total value of deposits taken which the company is
charged assets, upon an order of the CLB, is another exercise altogether. All in all, the
charge provision in the bill, though innovative, does not inspire coincidence. The Finance
Ministry would do well to review this bill in the light of these comments and make it more
investor Friendly as the avowed objectiveof the new legislation is to protect the interests
of depositors. The Supreme Court has time and again ruled that death sentences should
be pronounced only in the rarest of rare cases. Perhaps, the RBI should extend this
In public interest and to regulate the credit system in the best interest of India, the RBI has
laid down the Following important norms or rules to be Followed by NBFCs accepting
public deposits:
(1) What constitutes public deposits? Public deposit includes Fixed or recurring deposits which
are received FromFriends, relative, shareholders of a public limited company and money
raised in issued ofunsecured debentures or bond. It does not include money raised From
issue ofsecured debentures and bond or From borrowings of banks or Financial institutions,
Page
43
deposits From directors or inter- corporate deposits received FromForeign national citizens
(2) Who is allowed to accept deposits from public? The NBFCs which have net owned
capital of less than Rs. 25 Lakh will not be permitted to accept deposit From public. In
order to raise Funds the NBFC can borrow From some other sources also.
(3) NBFCs have to submit financial statements: All NBFCs will have to submit their annual
(4) Certain deposits are not regulated by RBI: The RBI has given directions to NBFCs
accepting public deposits to regulate the amount of deposit, rate of interest, time period
of deposits, brokerage and borrowings received by them. The directions do not include
amount received or generated by central bank or state government. Amount received From
IDBI, ICICI Nabard, Electricity Board and IFCI are also not included in directions of
RBI. Amount received From mutual Funds, directors ofFirm and shareholders also do not come
(5) Ceiling (limits on interest): There is a maximum limit on the rate of interest of deposits. The
(6) Period of deposits: The deposits can be accepted For a minimum period of 12 months and a
(7) Register of depositors: The NBFCs have to maintain a register of depositors with
details like name, address, amount, date of each deposit, maturity period and other details
Page
44
(8) Credit rating: To protect the public NBFCs are required to get themselves approved
by the RBI through credit rating agencies. The NBFCs which have not owned Fundsof Rs 25
Lakhs can obtain public deposits if they are credit rated and they receive a minimum
investment grade For their Fixed deposits From an approved rating agency.
O The credit analysis and Research Limited (CARE) gives the minimum rating of BBB in
triple B rating.
O The investment information and credit Rating Agency of India LTD. (ICRA) gives
O The Credit Rating Information Services of India Ltd. (CRISIL) and gives a minimum rating
of (FA-).
O FITCH Rating India Pvt. Ltd. Provides (BBB-) as its acceptable rating. II the credit rating
is below the minimum investment grate the NBFCs has to send report to the RBI within 15
days of received the grating. During that time the NBFC has to stop accepted the deposits
and within 3 years makes the repayment to the depositors. RBI deposit norms for small
NBFCs.The RBI has tightened the rules governing access to such public deposits. It said that
NBFCs with a net owned Fund (NoF) of between Rs 25 Lakh and Rs 2 crore, must limit their
public deposits to the level of their net owned Funds as against the current ceiling of 1.5
times the net owned Funds. Further, For those companies (with NoF of between Rs 25
Lakh and Rs 2 crore) that had a capital adequacy ratio of 12 and who enjoyed credit
rating, the current ceiling of 4 times the NoF was being revised to 1.5 times the NoF. As per
Page
45
RBI statistics, there were 243 companies in 2007 that would probably be affected by this
regulation. Their net owned Funds were of the order of Rs 171 crore while the public deposits
that they held were about Rs 96 crore. This category of companies constitutes a big
chunk in the total category of NBFCs taking deposits that number about 359. In terms of
amount of deposits involved, this category of NBFCs is a very small category. Total
public deposits of all NBFCs with access to such deposits were ofthe order of Rs 2042 crore in
2007. These regulations are part of the RBI`s move to ensure that NBFCs who accept
deposits are adequately capitalized and have some minimum net owned Funds. Mr.
T.T.Srinivasaraghavan, Managing Director, Sundaram Finance, said that this regulation had
adopted a Iair approach to the issue of dealing with risks involved in smaller companies
accepting deposits. He said the regulation met the aspirations of those small companies as
it would now take the pressure off them when they were scrambling For capital to reach the
minimum NoF limits. It would also Force them to live within their means, by limiting their
Page
46
The current status of Non- Banking Financial Companies.
O PRUDENTIAL NORMS:
The Reserve Bank put in place in January 1998 a new regulatory Frameworkinvolving
prescription of prudential norms for NBFCs which deposits are taking to ensure that these
NBFCs Function on sound and healthy lines. Regulatory and supervisory attention was
Focused on the deposit taking NBFCs` (NBFCs D) so as to enable the Reserve Bank to
discharge its responsibilities to protect the interests of the depositors. NBFCs - D are
subjected to certain bank like prudential regulations on various aspects such as income
limits and accounting / disclosure requirements. However, the non-deposit taking NBFCs`
(NBFCs ND) are subject to minimal regulation. The application of the prudential guidelines /
limits is thus not uniform across the banking and NBFC sectors and within the NBFC
sector. There are distinct differences in the application of the prudential guidelines /
i) Banks are subject to income recognition, asset classification and provisioning norms;
capital adequacy norms; single and group borrower limits; prudential limits on capital
market exposures; classification and valuation norms for the investment portfolio; CRR /
SLR requirements; accounting and disclosure norms and supervisory reporting requirements.
ii) NBFCs D are subject to similar norms as banks except CRR requirements and prudential
limits on capital market exposures. However, even where applicable, the norms apply at a
rigor lesser than those applicable to banks. Certain restrictions apply to the investments by
Page
47
iii) Capital adequacy norms; CRR / SLR requirements; single and group borrower limits;
prudential limits on capital market exposures; and the restrictions on investments in land and
iv) &unsecured borrowing by companies is regulated by the Rules made under the
Companies Act. Though NBFCs come under the purviewof the Companies Act, they are
exempted From the above Rules since they come under RBI regulation under the Reserve
Bank of India Act. While in the case of NBFCs D, their borrowing capacity is limited
to a certain extent by the CRAR norm, there are no restrictions on the extent to which NBFCs
ND may leverage, even though they are in the Financial services sector. Current Status:
Financial Linkages between Banks and NBFC: Banks and NBFCs compete for some similar
kinds of business on the asset side. NBFCs offer products/services which include leasing and
margin Funding, small ticket loans, venture capital, etc. However NBFCs do not provide
operating account Facilities like savings and current deposits, cash credits, overdraft etc. NBFCs
debentures and commercial paper issued by them. Since both the banks and NBFCs are seen to
be competing for increasingly similar types of some business, especially on the assets side, and
since their regulatory and cost-incentive structures are not identical it is necessary to establish
certain checks and balances to ensure that the banks` depositors are not indirectly exposed to
the risks of a different cost-incentive structure. Hence, Following restrictions have been placed
by NBFCs arising From the sale ofa) Commercial vehicles (including light commercial
Page
48
vehicles); and b) Two-wheeler and three-wheeler vehicles, subject to certain conditions; c)
Investments of NBFCs both of current and long term nature, in any company/entity by
iv) Finance to NBFCs forFurther lending to individuals for subscribing to Initial Public Offerings
(IPOs).
v) Bridge loans of any nature, or interim Finance against capital/debenture issues and/or in the
Formof loans of a bridging nature pending raising of long-term FundsFrom the market by way
equipment leasing and hire-purchase Finance companies, loan and investment companies,
vi) Should not enter into lease agreements departmentally with equipment leasing
leasing.
Current Status:
Structural Linkages between Banks and NBFCs: Banks and NBFCs operating in the country
are owned and established by entities in the private sector (both domestic and Foreign), and
the public sector. Some of the NBFCs are subsidiaries/ associates/ joint ventures of banks
including Foreign banks, which may or may not have a physical operational presence in
the country. There has been increasing interest in the recent past in setting up NBFCs in
Page
49
general and by banks, in particular. Investment by a bank in a Financial services company
should not exceed 10 per cent of the bank`s paid-up share capital and reserves and the
investments in all such companies, Financial institutions, stock and other exchanges put
together should not exceed 20 per cent of the bank`s paid-up share capital and reserves. Banks in
India are required to obtain the prior approval of the concerned regulatory department of the
Reserve Bank before being granted Certificateof Registration for establishing an NBFC
and for making a strategic investment in an NBFC in India. However, Foreign entities,
including the head officesofForeign banks having branches in India may, under the automatic
route for FDI, commence the business of NBFI after obtaining a Certificateof Registration
From the Reserve Bank. NBFCs can undertake activities that are not permitted to be undertaken
by banks or which the banks are permitted to undertake in a restricted manner, for
example, Financingof acquisitions and mergers, capital market activities, etc. The
differences in the level of regulation of the banks and NBFCs, which are undertaking
some similar activities, gives rise to considerable scope for regulatory arbitrage. Hence, routing
is partially addressed in the case of NBFCs that are a part of banking group on account of
CURRENT NEWS.
1) MAT changes will hit NBFCs. Tuesday. September 1. 009 The Direct Taxes Code
(DTC) is slowly being put to deeper scrutiny. As is always the case, some of the
changes may be ushered in with good intention, but inept drafting leaves the door
open for needless litigation. The newly created Minimum Alternate Tax (MAT) is a
case in point. Ever since Rajiv Gandhi unleashed the book profits tax on India Inc. in
Page
50
1987, it has generated controversies galore and kept all the courts busy interpreting
the intention and scope of the provision. At present, MAT is applicable to corporate at
15 per cent on published profits. The nominal tax rate for the corporate sector is
33.99 per cent and the effective rate after all deductions/concessions stands at around
22.22 per cent. MAT computation MAT, despite the controversy surrounding its
existence, has lived by the year fornow 22 years and promises to open a new chapter
From April 1, 2011. The mechanics, as per the DTC, is simple. MAT will now be
2 per cent of the value of gross assets as against 15 per cent on profits. For this purpose
the value ofgross assets would be computed as shown in the Table. It may be noted
that even business assets such as sundry debtors, loans and advances will now
Form part of the computation of gross assets for the purpose ofthe levy.Further, while
in the vertical Formof the balance sheet the current assets are disclosed net of
current liabilities, the proposed MAT computation mechanism does not envisage a
reduction of current liabilities From current assets. This also leads to an anomalous
situation where a company has to pay MAT on the amount ofdeferred tax asset, if it
appears in the balance sheet of a company. The rate of MAT is proposed to be 0.25
per cent in the case of banking companies and 2 per cent in the case of all other
Financial Companies (NBFCs) where 70-75 per cent of the assets in the balance-
sheet constitute loans and advances, stock on hire and business receivables. There
does not appear to be any justification in levying 2 per cent MAT on business assets,
which in any case yield income on monthly basis liable to corporate tax at 33.99
per cent (proposed to be reduced to 25 per cent by the DTC). In the case of several
Page
51
large NBFCs, 2 per cent MAT on gross assets would be far greater than 25 per cent on
taxable income. To make matters worse, MAT will now represent a Final tax and
will not be allowed to be carried Forwardfor claiming tax credit in subsequent years.
Not only this, certain companies, will receive an additional blow for example,
those in gestation period; having negative net worth because of huge accumulated
losses; having book losses in the current year; having low asset-turnover ratio low
net profit ratio; and those earning mainly exempt income. Change in concept: The
justificationfor re-jigging MAT is that several countries have adopted a tax based
was completely differentFrom what is proposed in the DTC. The economic rationale of
normal tax itself should serve the purpose. Any sort of tax that departs From the
that is the discrimination between banking companies and other companies on the
rate of tax. Some serious rethinking is required on the proposed MAT in the DTC.
NBFCs Posted on 19 September 008 by Sara 1ain close Author: Sara 1ain:- A non-
Act, 1956 and is engaged in the business of loans and advances, acquisition of
chit business, but does not include any institution whose principal business is that
property.
Page
52
2) Major difference between Banks & NBFCs NBFCs are doingFunctions akin to that
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). It is not a part of the payment and settlement system and as
such cannot issue cheque to its customers. Deposit insurance Facilityof DICGC is
are as follows: The NBFCs are allowed to accept/renew public deposits For a
minimum period of12 months and maximum period of 60 months. They cannot
accept deposits repayable on demand. 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
the depositors. NBFCs (except certain AFCs) should have minimum investment
grade credit rating. The deposits with NBFCs are not insured. The repayment of
deposits by NBFCs is not guaranteed by RBI. There are certain mandatory disclosures
about the company in the Application Form issued by the company soliciting deposits.
Non-banking Financial companies (NBFCs) have seen considerable business model shift
over last decade because of regulatory environment and market dynamics. In the early
2000s, the NBFC sector in our country was FacingFollowing problems: High cost
ofFunds. Slow industrial growth. StiII competition with NBFCs as well as with banking
sector. Small balance sheet size resulting in high cost ofFund and low asset profile. 3)
Page
53
On AM ET advertisement: (Start September 3. 009 4:488.) Reserve Bank of India's
closed system pre-paid payment instruments will boost the growth of m-commerce in
India. Industry sources estimate that, in the next 3 years, India could have 25 mn m-
commerce users up From the current 5 mn. The industry currently stands at a market size
of $10bn. "The new guideline will increase the reach of the services to the people
at the bottom of pyramid. Now, people not having any bank account could pay
their utility bill by electronic transfer. We expect a five fold increase in number
ofpeople using m-commerce services," said Anil Gaiwani, Senior Vice President -
Technology, Comviva Technologies. After the new guideline, entry of a Few NBFC
MNCs into the segment could not be denied. However, the most viable business plan
would be For telecom operators, as the guidelines will allow them to operate as a pre-paid
payment instrument as well.Considering the reach of the telecos, in urban, rural and
semi-urban areas, their entry will increase the penetration of the services among the
masses. Further, these telecom operators already have a large network of agents,
who are selling pre-paid recharge coupon to the end customer. As per industry
estimate every service provider has around 50,000 such agents. Telecos could use
these existing agents For m-commerce as well. "This will certainly bring more people
into the eco-system. Even people not having any bank account would be able to do
some basic Financial transaction," said Probir Roy, Co-founder and MD of Pay mate.
Pay mate has currently half a million users in the country. The company expects to grow
manifold, in terms of the users, by the end of current FY. However, the new guidelines
still have some bottlenecks, which the industry people wanted to be removed. RBI
Page
54
restricts the maximum value of such payment instruments that can be issued by
to Rs 5,000 can be issued by accepting any 'officially valid documents' defined under
instruments shall not permit cash withdrawal. The utility bills/essential services
shall include only electricity bills, water bills, telephone/mobile phone bills, and
bodies.4) Invest in only top 15 NBFCs to play safe. (On September 3. 009 4:488)
Finance defaulting on payments. Although there have been several defaults in the
past couple of years, the KuberIiasco brought back memories of the CRB scam in 1997.
After the CRB letdown, one thought investors were going to stay away From non-
banking finance companies (NBFCs) For a long time to come. But the temptation
to earn high returns was hard to resist, and investors burnt their fingers again. But why
don't investors learn From others' experiences? What is it that draws them to NBFCs?
Sheer Singh, banking and consumer analyst, Consult Opportune (India's First
consumer banking advisory service), explains why investors are still opting For
NBFCs. Says Singh, ``the lure of earning returns, which are significantly higher than
what banks offer, is one of the reasons.'' Seen against the backdrop of dismal
stock market performance over the past Few years, it becomes quite clear why
also why investors are drawn to NBFCs, says Singh. Giving a consumer point ofvfew,
Page
55
Singh says that through NBFC investments, people seek returns to hedge against
consumerist urge. And more than anything else, high returns promised by some
NBFCs seem to fulfil investors' desire to make a fast buck. In such a scenario, sound
guidelines may help investors in opting For the reliable NBFCs. Sheer Singh
offers guidelines which have been Formulated by Consult Opportune. The things to
look For while investing in NBFCs, according to Consult Opportune, are: a) Deposits
of NBFCs must have an adequate rating by one of the credit rating agencies in India. b)
Preferably invest in deposits of only the top 10-15 NBFCs in India. c) Review half-
management and promoters track record of such NBFCs. d) Take a close and critical
look at the financing activities of such NBFCs to decipher their long run viability.
unusually high interest rates which seem `significantly higher' than prevalent rates
nationwide network and more oriented towards retail/ consumer finance activities due
to significantly lower default rates Apart From these dos and don'ts, the Reserve
Bank of India also offers a good data bank of the NBFCs which may be trusted.
Particularly its website at www.rbi.org. in has a list of over 500 NBFCs all over
India which are authorized by the RBI to accept public deposits. Similarly, the
site also gives out the names of hundreds of NBFCs which have been denied
the subject Overall and valuable source of information and assessment regarding
Page
56
investment in NBFCs. Such an information base could sometimes prompt investors to
even look For alternatives. Talking about alternatives, Sheer Singh says that private
sector banks rapidly expanding their branch network in urban centresof India may
emerge as preferredalternatives to those NBFCs which are not among the top 20 in India.
He adds that high quality service being offered by new private sector banks;
beefing up of service and product levels by public sector banks; and expansion
ofnetworks and product lines of the top NBFCs should offer investors other
alternatives. On the future of NBFCs, Singh says: ``we Foresee a bright future
For the top 20 NBFCs in India.'' But it's not going to be a cakewalk. Says Singh:
growth would be the trend, top NBFCs which focus on retail lending
products offered by banks.'' The focus has to be on marketing and service initiatives,
he adds. And the mantra For success: Offer cut-throat competition to banks. List of Non-
Page
57
A. R. T. LEASING PRIVATE LIMITED.
ALAP&HA DISTRICT
KERALA
(FORMERLY KNOWN AS
LIMITED),
KEMPS CORNER,
5, YESHWANT COLONY,
ROYAPETTAH,
6TH FLOOR,
Page
58
WALLACE STREET, FORT,
ALTA BHAVAN,
DADAR,
DELHI - 110092
KAROL BAGH,
(INDIA) LTD
Page
59
JALANDHR.
KAROL BAGH,
Page
60
Conclusion:
NBFCs are gaining momentum in last Few decades with wide variety of products and
services. NBFCs collect public Funds and provide loan able Funds. There has been
significant increase in such companies since 1990s. They are playing a vital role in the
development Financial system of our country. The banking sector is financing only 40 per
cent to the trading sector and rest is coming From the NBFC and private money lenders. At
the same line 50 per cent of the credit requirement of the manufacturing is provided by
NBFCs. 65 per cent of the private construction activities was also financed by NBFCs. Now
they are also financing second hand vehicles. NBFCs can play a significant role in
channelizing the remittance Fromabroad to states such as Gujarat and Kerala. NBFCs in India
have become prominent in a wide range of activities like hire purchase finance,
equipment lease finance, loans, investments, and so on. NBFCs have greater reach and
flexibility in tapping resources. In desperate times, NBFCs could survive owing to their
aggressive character and customized services. NBFCs are doing more fee-based business than
Fund based. They are focusing now on retailing sector-housing finance, personal loans, and
marketing of insurance. Many of the NBFCs have ventured into the domain of mutual
Funds and insurance. NBFCs undertake both life and general insurance business as joint
venture participants in insurance companies. The strong NBFCs have successfully emerged as
Financial Institutions` in short span of time and are in the process of converting themselves into
Financial Super Market`. The NBFCs are taking initiatives to establish a self-regulatory
organization (SRO). At present, NBFCs are represented by the Association of Leasing and
Financial Services (ALFS), Federation of India Hire Purchase Association (FIHPA) and
Equipment Leasing Association of India (ELA). The Reserve Bank wants these three
Page
61
industry bodies to come together under one roof. The Reserve Bank has emphasis on
Page
62
Bibliography
BOOKS:-
1) Statutory guidance`s For non- banking Financial companies..
Page
63
WEBSITES:-
www.NBFC.com
www.RBI.com
www. Wikipedia.com
Page
64