Non Banking Financial Companies Depositors

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Non-banking financial institutions (NBFIs), engaged in varied financial activities are part of the Indian financial system providing a range of financial services. NBFCs are incorporated under the Companies Act, 1956. NBFCs can be classified into two broad categories, viz., (i) NBFCs accepting public deposit (NBFCs-D) and (ii) NBFCs not accepting/holding public deposit (NBFCs-ND). Residuary Non-Banking Companies(RNBCs) are another category of NBFCs whose principal business is acceptance of deposits and investing in approved securities. In the interest of depositors, RBI has evolved a regulatory framework the salient features of which are outlined below for the guidance of depositors.. However, the investors must carefully evaluate their investment decisions while investing in NBFCs, as the instructions below are illustrative and not exhaustive,

  • NBFCs include a loan company, an investment company, asset finance company ( i.e. a company conducting the business of equipment leasing or hire purchase finance) and Residuary Non-Banking Companies.
  • An NBFC must be registered with the Reserve Bank of India (RBI) and have specific authorization to accept deposits from the public.
  • NBFC must display the Certificate of Registration or a certified copy thereof at the Registered office and other offices/branches.
  • Registration of an NBFC with the RBI merely authorizes it to conduct the business of NBFC. RBI does notguarantee the repayment of deposits accepted by NBFCs. NBFCs cannot use the name of the RBI in any manner while conducting their business.
  • The NBFC whose application for grant of Certificate of Registration (CoR) has been rejected or cancelled by the RBI is neither authorized to accept fresh deposits nor renew existing deposit. Such rejection or cancellation is also published in newspapers from time to time . Besides, a list of NBFCs permitted to accept public deposits, NBFCs whose applications for CoR has been rejected or whose CoR has been cancelled by the RBI is available on the RBI's web site go to site map and then NBFC list)
  • NBFCs which accept deposits should have minimum investment grade credit rating granted by an approved credit rating agency for deposit collection, except certain Asset Finance (equipment leasing and hire purchase finance) companies and Residuary Non-Banking Companies (RNBCs),
  • NBFCs excluding RNBCs cannot

-Offer a rate of interest on deposits more than that approved by RBI from time to time (at present 12.5%).

-Accept deposit for a period less than 12 months and more than 60 months
-Offer any gifts/incentives to solicit deposits from public.

  • RNBCs should

    -offer a rate of interest of not less than 5% per annum on term deposits and 3.5% on daily deposits, both compounded annually, under extant directions.

-RNBCs cannot accept deposits for a period less than 12 months and more than 84 months.

-RNBCs cannot offer any gifts/incentives to solicit deposits from public

  • NBFCs including RNBCs can

-accept deposit only against issue of proper receipt.

-The receipt should bear the name of the company and should be signed by an authorized official of the company.

-The receipt should mention the name of the depositor, the amount in words as well as figures, the rate of interest payable on the deposit amount and the date of repayment of matured deposit along with the maturity amount.

  • In the case of brokers/agents etc collecting public deposits on behalf of NBFCs, the depositors should satisfy themselves that the brokers/agents are duly authorized by the NBFC.

  • If a deposit taking NBFC fails to repay the deposit or the interest accrued thereon in accordance with the terms and conditions of acceptance of such deposit, redressal of grievance can be through,

-the Regional Bench of the Company Law Board at Chennai/Delhi/Kolkata/Mumbai

  • Acceptance of deposits by companies engaged in activities including plantation activities, commodities trading, multilevel marketing, manufacturing activities, housing finance, nidhis (mutual benefit financial companies), and potential nidhis (mutual benefit company) and companies engaged in collective investment schemes do not come under the purview/regulations of the RBI.
  • Individuals, firms and other unincorporated association of individuals or bodies shall not accept deposits from the public–

(i) if his or its business wholly or partly includes any of the financial activities such as loans and advances, acquisition of shares or marketable securities, leasing or hire purchase activities , or

(ii) if his or its principal business is that of receiving deposits or lending in any manner.