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Date : Oct 06, 1999
Appendix (Part 1 of 2)

APPENDIX - I

Non-Banking Financial Companies Prudential Norms
(Reserve Bank) Directions, 1998

NOTIFICATION No. DFC. 119 /DG(SPT)-98 DATED JANUARY 31, 1998.

(AS AMENDED UPTO DECEMBER 18, 1998)

The Reserve Bank of India, having considered it necessary in the public interest, and being satisfied that, for the purpose of enabling the Bank to regulate the credit system to the advantage of the country, it is necessary to issue the directions relating to the prudential norms as set out below hereby, in exercise of the powers conferred by section 45JA of the Reserve Bank of India Act, 1934 (2 of 1934) and of all the powers enabling it in this behalf, and in supersession of the earlier directions contained in Notification No. DFC. 115/DG(SPT)/98 dated January 2, 1998 gives to every non-banking financial company the directions hereinafter specified.

Short title, commencement and
applicability of the directions :

1. (1) These directions shall be known as the "Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions, 1998".

(2) These directions shall come into force with immediate effect.

(3) (i) All the provisions of these directions save as provided for in clauses (ii) and (iii) hereinafter, shall apply to -

  1. a non-banking financial company (referred to in these directions as ';NBFC';), except a mutual benefit financial company, as defined in the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 which is having net owned fund (referred to in these directions as ';NOF';) of rupees twenty-five lakh and above and accepting/holding public deposit;
  2. a residuary non-banking company (referred to in these directions as "RNBC") as defined in the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987.

(ii) The provisions of paragraph 10 and 12 of these directions shall not apply to -

  1. a loan company;
  2. an investment company;
  3. a hire purchase finance company; and
  4. an equipment leasing company,

which is having NOF of rupees twenty-five lakh and above but not accepting/holding public deposit.

(iii) These directions shall not apply to an NBFC being an investment company;

Provided that, it is

  1. holding investments in the securities of its group/holding/ subsidiary companies and book value of such holding is not less than ninety per cent of its total assets and it is not trading in such securities; and
  2. not accepting/holding public deposit.

Definitions

2. (1) For the purpose of these directions, unless the context otherwise requires :-

  1. ';break up value'; means the equity capital and reserves as reduced by intangible assets and revaluation reserves, divided by the number of equity shares of the investee company;
  2. ';carrying cost'; means book value of the assets and interest accrued thereon but not received;
  3. ';current investment'; means an investment which is by its nature readily realisable and is intended to be held for not more than one year from the date on which such investment is made;
  4. ';doubtful asset'; means -

  1. a term loan, or
  2. a lease asset, or
  3. a hire purchase asset, or
  4. any other asset, which remains a substandard asset for a period exceeding two years;

(v) ';earning value'; means the value of an equity share computed by taking the average of profits after tax as reduced by the preference dividend and adjusted for extra-ordinary and non-recurring items, for the immediately preceding three years and further divided by the number of equity shares of the investee company and capitalised at the following rate :-

  1. in case of predominantly manufacturing company, eight per cent;
  2. in case of predominantly trading company, ten per cent; and
  3. in case of any other company, including an NBFC, twelve per cent;

NOTE :

If, an investee company is a loss making company, the earning value will be taken at zero;

(vi) ';fair value'; means the mean of the earning value and the break up value;

(vii) ';hybrid debt'; means capital instrument which possesses certain characteristics of equity as well as of debt;

(viii) ';loss asset'; means -

    1. an asset which has been identified as loss asset by the NBFC or its internal or external auditor or by the Reserve Bank of India during the inspection of the NBFC, to the extent it is not written off by the NBFC; and
    2. an asset which is adversely affected by a potential threat of non-recoverability due to either erosion in the value of security or non availability of security or due to any fraudulent act or omission on the part of the borrower;

(ix) ';long term investment'; means an investment other than a current investment;

(x) ';net asset value'; means the latest declared net asset value by the concerned mutual fund in respect of that particular scheme;

(xi) ';net book value'; means

    1. in the case of hire purchase asset, the aggregate of overdue and future instalments receivable as reduced by the balance of unmatured finance charges and further reduced by the provisions made as per paragraph 8(2)(i) of these directions;
    2. in the case of leased asset, aggregate of capital portion of overdue lease rentals accounted as receivable and depreciated book value of the lease asset as adjusted by the balance of lease adjustment account.

(xii) ';non-performing asset'; (referred to in these directions as ';NPA';) means :-

    1. an asset, in respect of which, interest has remained past due for six months;
    2. a term loan inclusive of unpaid interest, when the instalment is overdue for more than six months or on which interest amount remained past due for six months;
    3. a bill which remains overdue for six months;
    4. the interest in respect of a debt or the income on receivables under the head `other current assets’ in the nature of short term loans/advances, which facility remained over due for a period of six months;
    5. any dues on account of sale of assets or services rendered or reimbursement of expenses incurred, which remained overdue for a period of six months;
    6. the lease rental and hire purchase instalment, which has become overdue for a period of more than twelve months;
    7. In respect of loans, advances and other credit facilities (including bills purchased and discounted), the balance outstanding under the credit facilities (including accrued interest) made available to the same borrower/beneficiary when any of the above credit facilities becomes non-performing asset :

Provided that in the case of lease and hire purchase transactions, an NBFC may classify each such account on the basis of its record of recovery;

(xiii) ';owned fund'; means paid up equity capital, preference shares which are compulsorily convertible into equity, free reserves, balance in share premium account and capital reserves representing surplus arising out of sale proceeds of asset, excluding reserves created by revaluation of asset, as reduced by accumulated loss balance, book value of intangible assets and deferred revenue expenditure, if any;

(xiv) ';past due'; means an amount of income or interest which remains unpaid for a period of thirty days beyond the due date;

(xv) ';standard asset'; means the asset in respect of which, no default in repayment of principal or payment of interest is perceived and which does not disclose any problem nor carry more than normal risk attached to the business;

(xvi) ';sub-standard assets'; means -

    1. an asset which has been classified as non-performing asset for a period of not exceeding two years;
    2. an asset where the terms of the agreement regarding interest and/or principal have been renegotiated or rescheduled after commencement of operations, until the expiry of one year of satisfactory performance under the renegotiated or rescheduled terms;

(xvii) ';subordinated debt '; means a fully paid up capital instrument, which is unsecured and is subordinated to the claims of other creditors and is free from restrictive clauses and is not redeemable at the instance of the holder or without the consent of the supervisory authority of the NBFC. The book value of such instrument shall be subjected to discounting as provided hereunder:

 

Remaining Maturity of the instruments

Rate of discount

   

(a)

Upto one year

100%

   

(b)

More than one year but upto two years

80%

   

(c)

More than two years but upto three years

60%

   

(d)

More than three years but upto four years

40%

   

(e)

More than four years but upto five years

20%

to the extent such discounted value does not exceed fifty per cent of Tier I capital;

(xviii) ';substantial interest'; means holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken

together in the shares of a company, the amount paid up on which exceeds ten per cent of the paid up capital of the company; or the capital subscribed by all the partners of a partnership firm;

(xix) ';Tier-I Capital'; means owned fund as reduced by investment in shares of other NBFCs and in shares, debentures, bonds, outstanding loans and advances including hire purchase and lease finance made to and deposits with subsidiaries and companies in the same group exceeding, in aggregate, ten per cent of the owned fund;

(xx) ';Tier-II capital'; includes the following :-

    1. preference shares other than those which are compulsorily convertible into equity;
    2. revaluation reserves at discounted rate of fifty five percent;
    3. general provisions and loss reserves to the extent these are not attributable to actual diminution in value or identifiable potential loss in any specific asset and are available to meet unexpected losses, to the extent of one and one fourth percent of risk weighted assets;
    4. hybrid debt capital instruments; and
    5. subordinated debt

to the extent the aggregate does not exceed Tier-I capital.

(2) Other words or expressions used but not defined herein and defined in the Reserve Bank of India Act, 1934 (2 of 1934) or the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 or the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987 shall have the same meaning as assigned to them under that Act or those Directions. Any other words or expressions not defined in that Act or those Directions, shall have the same meaning assigned to them in the Companies Act, 1956 (1 of 1956).

Income recognition

3. (1) The income recognition shall be based on recognised accounting principles.

  1. Income including interest/discount or any other charges on NPA shall be recognised only when it is actually realised. Any such income recognised before the asset became non-performing and remaining unrealised shall be reversed. (Effective from May 12, 1998)
  2. In respect of hire purchase assets, where instalments are overdue for more than 12 months, income shall be recognised only when hire charges are actually received. Any such income taken to the credit of profit and loss account before the asset became non-performing and remaining unrealised, shall be reversed.
  3. In respect of lease assets, where lease rentals are overdue for more than 12 months, the income shall be recognised only when lease rentals are actually received. The net lease rentals taken to the credit of profit and loss account before the asset became non-performing and remaining unrealised shall be reversed.

Explanation

For the purpose of this paragraph, `net lease rentals’ mean gross lease rentals as adjusted by the lease adjustment account debited/credited to the profit and loss account and as reduced by depreciation at the rate applicable under Schedule XIV of the Companies Act, 1956 (1 of 1956).

Income from investments

4. (1) Income from dividend on shares of corporate bodies and units of mutual funds shall be taken into account on cash basis:

Provided that the income from dividend on shares of corporate bodies may be taken into account on accrual basis when such dividend has been declared by the corporate body in its annual general meeting and the NBFC’s right to receive payment is established.

(2) Income from bonds and debentures of corporate bodies and from Government securities/bonds may be taken into account on accrual basis:

Provided that the interest rate on these instruments is pre-determined and interest is serviced regularly and is not in arrears.

(3) Income on securities of corporate bodies or public sector undertakings, the payment of interest and repayment of principal of which have been guaranteed by Central Government or a State Government may be taken into account on accrual basis.

Accounting standards

5. Accounting Standards and Guidance Notes issued by the Institute of Chartered Accountants of India (referred to in these directions as ';ICAI';) shall be followed insofar as they are not inconsistent with any of these directions.

Accounting of investments

6. (1) Investments in securities shall be classified as current and long term investments.

(2) Quoted current investments shall, for the purposes of valuation, be grouped into the following categories, viz.,

    1. equity shares,
    2. preference shares,
    3. debentures and bonds,
    4. Government securities including treasury bills,
    5. units of mutual fund, and
    6. others.

Quoted current investments for each category shall be valued at cost or market value whichever is lower. For this purpose, the investments in each category shall be considered scrip-wise and the cost and market value aggregated for all investments in each category. If the aggregate market value for the category is less than the aggregate cost for that category, the net depreciation shall be provided for or charged to the profit and loss account. If the aggregate market value for the category exceeds the aggregate cost for the category, the net appreciation shall be ignored. Depreciation in one category of investments shall not be set off against appreciation in another category.

  1. Unquoted equity shares in the nature of current investments shall be valued at cost or break up value, whichever is lower. However, NBFCs may substitute fair value for the break up value of the shares, if considered necessary. Where the balance sheet of the investee company is not available for two years, such shares shall be valued at one Rupee only.
  2. Unquoted preference shares in the nature of current investments shall be valued at cost or face value, whichever is lower.
  3. Investments in unquoted Government securities or Government guaranteed bonds shall be valued at carrying cost.
  4. Unquoted investments in the units of mutual funds in the nature of current investments shall be valued at the net asset value declared by the mutual fund in respect of each particular scheme.
  5. Commercial papers shall be valued at carrying cost.
  6. A long term investment shall be valued in accordance with the Accounting Standard issued by ICAI.

Note

Unquoted debentures shall be treated as term loans or other type of credit facilities depending upon the tenure of such debentures for the purpose of income recognition and asset classification.';

Asset Classification

7 (1) Every NBFC shall, after taking into account the degree of well defined credit weaknesses and extent of dependence on collateral security for realisation, classify its lease/hire purchase assets, loans and advances and any other forms of credit into the following classes namely, -

    1. Standard assets;
    2. Sub-standard assets;
    3. Doubtful assets; and
    4. Loss assets.

(2) The class of assets referred to above shall not be upgraded merely as a result of rescheduling, unless it satisfies the conditions required for the upgradation.

Provisioning requirements

8. Every NBFC shall, after taking into account the time lag between an account becoming non-performing, its recognition as such, the realisation of the security and the erosion over time in the value of security charged, make provision against sub-standard assets, doubtful assets and loss assets as provided hereunder :-

Loans, advances and other credit facilities

including bills purchased and discounted

 

(1) The provisioning requirement in respect of loans, advances and other credit facilities including bills purchased and discounted shall be as under :

 

(i) Loss Assets

The entire asset shall be written off.

 

If the assets are permitted to remain

 

in the books for any reason, 100%

 

of the outstandings should be

 

provided for;

  

(ii) Doubtful Assets

(a) 100% provision to the extent to which

 

the advance is not covered by the

 

realisable value of the security to

 

which the NBFC has a valid recourse

 

shall be made. The realisable value

 

is to be estimated on a realistic

 

basis;

  
 

(b) In addition to item (a) above,

 

depending upon the period for which

 

the asset has remained doubtful,

 

provision to the extent of 20% to

 

50% of the secured portion (i.e.

 

estimated realisable value of the

 

outstandings) shall be made on the

 

following basis : -

 

Period for which the asset has

 
 

been considered as doubtful

% of provision

   
 

Upto one year

20

 

One to three years

30

 

More than three years

50

iii) Sub-standard assets

A general provision of 10% of total

 

outstandings shall be made.

Lease and hire purchase assets

(2) The provisioning requirements in respect of hire purchase and leased assets shall be as under:-

Hire purchase assets

(i) In respect of hire purchase assets, the total dues (overdue and future instalments taken together) as reduced by

(a) the finance charges not credited to the profit and loss account and carried forward as unmatured finance charges; and

(b) the depreciated value or net realisable value of the underlying asset whichever is lower,

shall be provided for.

Explanation

For this purpose, the depreciated value of the asset shall be notionally computed as the original cost of the asset to be reduced by depreciation at the rate of 20 per cent per annum on a straight line method.

Additional provision for hire purchase and leased assets

(ii) In respect of hire purchase and leased assets, additional provision shall be made as under :

(a) Where any amounts of hire

Nil

charges or lease rentals are

 

overdue upto 12 months

 
  

(b) where any amounts of hire

10 per cent of

charges or lease rentals are

the net book

overdue for more than 12

value

months but upto 24 months

 
  

(c) where any amounts of

50 per cent of

hire charges or lease rentals

the net book

are overdue for more than

value

24 months but upto 36 months

 
  

(d) where any amounts of hire

100 per cent of

charges or lease rentals are

the net book

overdue for more than

value

36 months

 

(iii) On expiry of a period of 12 months after the due date of the last instalment of hire purchase/leased asset, the entire net book value shall be fully provided for.

NOTES :

(1) The amount of caution money/margin money or value of any other security to which the NBFC has valid recourse may be deducted only against the provisions stipulated under clause (ii) above.

(2) It is clarified that income recognition on and provisioning against NPAs are two different aspects of prudential norms and provisions as per the norms are required to be made on NPAs on total outstanding balances including the depreciated book value of the leased asset under reference after adjusting the balance, if any, in the lease adjustment account. The fact that income on an NPA has not been recognised cannot be taken as reason for not making provision.

(3) An asset which has been renegotiated or rescheduled as referred to in paragraph (2) (xvi) (b) of these directions shall be a sub-standard asset or continue to remain in the same category in which it was prior to its renegotiation or reschedulement as a doubtful asset or a loss asset as the case may be. Necessary provision is required to be made as applicable to such asset till it is upgraded.';

Disclosure in the balance sheet

9. (1) Every NBFC shall separately disclose in its balance sheet the provisions made as per paragraph 8 above without netting them from the income or against the value of assets.

(2) The provisions shall be distinctly indicated under separate heads of accounts as under :-

    1. provisions for bad and doubtful debts; and
    1. provisions for depreciation in investments.

(3) Such provisions shall not be appropriated from the general provisions and loss reserves held, if any, by the NBFC.

(4) Such provisions for each year shall be debited to the profit and loss account. The excess of provisions, if any, held under the heads general provisions and loss reserves may be written back without making adjustment against them.

Requirement as to capital adequacy

10. (1) Every NBFC shall maintain a minimum capital ratio consisting of Tier I and Tier II capital which shall not be less than -

(i) ten per cent on or before March 31, 1998; and

(ii) twelve per cent on or before March 31, 1999

of its aggregate risk weighted assets and of risk adjusted value of off-balance sheet items.

(2) The total of Tier II capital, at any point of time, shall not exceed one hundred per cent of Tier I capital.

Explanations :

On balance sheet assets

(1) In these directions, degrees of credit risk expressed as percentage weightages have been assigned to balance sheet assets. Hence, the value of each asset/item requires to be multiplied by the relevant risk weights to arrive at risk adjusted value of assets. The aggregate shall be taken into account for reckoning the minimum capital ratio. The risk weighted asset shall be calculated as the weighted aggregate of funded items as detailed hereunder :

Weighted risk assets - On-Balance Sheet items

 
 

Percentage weight

  

(i) Cash and bank balances including

 

fixed deposits and certificates of

 

deposits with banks

0

  

(ii) Investments

 
  

(a) Approved securities

0

  

(b) Bonds of public sector banks

 

and fixed deposits/certificates of deposits/

 

bonds of public financial institutions

20

  

(c) Units of Unit Trust of India

20

  

(d) Shares of all companies and

 

debentures/bonds/commercial

 

papers of companies other than in (b)

 

above/units of mutual funds other

 

than in (c) above

100

  
  
  
  

(iii) Current assets

 
  

(a) Stock on hire (net book value)

100

  

(b) Intercorporate loans/deposits

100

  

(c) Loans and advances fully

 

secured against deposits held

0

by the company itself

 
  

(d) Loans to staff

0

  

(e) Other secured loans and advances

 

considered good

100

  

(f) Bills purchased/discounted

100

  

(g) Others (To be specified)

100

  

(iv) Fixed Assets (net of depreciation)

 
  

(a) Assets leased out (net book value)

100

  

(b) Premises

100

  

(c) Furniture & Fixtures

100

  

(v) Other assets

 
  

(a) Income tax deducted at

 

source (net of provision)

0

  

(b) Advance tax paid (net of provision)

0

  

(c) Interest due on Government securities

0

  

(d) Others (to be specified)

100

Notes:

  1. Netting may be done only in respect of assets where provisions for depreciation or for bad and doubtful debts have been made.
  2. Assets which have been deducted from owned fund to arrive at net owned fund shall have a weightage of `zero’.

Off-balance sheet items

(2) In these directions, degrees of credit risk exposure attached to off-balance sheet items have been expressed as percentage of credit conversion factor. Hence, the face value of each item requires to be first multiplied by the relevant conversion factor to arrive at risk adjusted value of off-balance sheet item. The aggregate shall be taken into account for reckoning the minimum capital ratio. This shall have to be again multiplied by the risk weight of 100. The risk adjusted value of the off-balance sheet items shall be calculated as per the credit conversion factors of non-funded items as detailed hereunder : -

Nature of item

Credit conversion

 

factor -

 

Percentage

  
  

i) Financial & other guarantees

100

  

ii) Share/debenture underwriting obligations

50

  

iii) Partly-paid shares/debentures

100

  

iv) Bills discounted/rediscounted

100

  

v) Lease contracts entered into but

 

yet to be executed

100

  

vi) Other contingent liabilities

50

(To be specified)

 

Note: Cash margins/deposits shall be deducted before applying the conversion factor.

Loans against NBFC’s own shares prohibited

11. (1) No NBFC shall lend against its own shares.

(2) Any outstanding loan granted by an NBFC against its own shares on the date of commencement of these directions shall be recovered by the NBFC as per the repayment schedule.

NBFC failing to repay public deposit
prohibited from making loans and investments

11A. An NBFC which has failed to repay any public deposit or part thereof in accordance with the terms and conditions of such deposit, as provided in section 45QA(1) of the Reserve Bank of India Act, 1934 (2 of 1934) shall not grant any loan or other credit facility by whatever name called or make any investment or create any other asset as long as the default exists.

(Effective from May 12, 1998)

Restrictions on investments in land
and building and Unquoted shares

11B (i) No equipment leasing company or hire purchase finance company, which is accepting public deposit, shall, invest in -

(a) land or building, except for its own use, an amount exceeding ten percent of its owned fund;

(b) unquoted shares of another company, which is not a subsidiary company or a company in the same group of the NBFC, an amount exceeding ten percent of its owned fund.

(ii) No loan company or investment company, which is accepting public deposit, shall, invest in -

(a) land or building, except for its own use, an amount exceeding ten percent of its owned fund ;

(b) unquoted shares of another company, which is not a subsidiary company or a company in the same group of the NBFC, an amount exceeding twenty percent of its owned fund :

Provided that the land or building or unquoted shares acquired in satisfaction of its debts shall be disposed off by the NBFC within a period of three years or within such period as extended by the Bank, from the date of such acquisition if the investment in these assets together with such assets already held by the NBFC exceeds the above ceiling;

Provided further that the land or building or unquoted shares held by the company in excess of the ceiling specified hereinabove on the date of commencement of these directions, shall be disposed off so as to bring down such holding within the said ceiling by the NBFC within three years or within such period as extended by the Bank, from the date of coming into force of these Directions.

Concentration of credit/investment

12. (1) No NBFC shall,

(i) lend to

(a) any single borrower exceeding fifteen per cent of its owned fund; and

(b) any single group of borrowers exceeding twenty five per cent of its owned fund;

(ii) invest in

(a) the shares of another company exceeding fifteen per cent of its owned fund; and

(b) the shares of a single group of companies exceeding twenty five per cent of its owned fund;

(iii) lend and invest (loans/investments taken together) exceeding

(a) twenty five per cent of its owned fund to a single party; and

(b) forty per cent of its owned fund to a single group of parties.

Provided that the above ceilings on credit/investment concentration shall not be applicable to a RNBC in respect of investments in approved securities, bonds, debentures and other securities issued by a Government company or a public financial institution or a scheduled commercial bank under the provisions of paragraph 6(1)(a) and 6(1)(b) of the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987.

(2) Any loan granted and investment made by the NBFC in excess of the ceilings specified hereinabove and existing on the date of commencement of these directions, shall be brought down by the NBFC as per the repayment schedule in due course.

Notes :

(1) For determining the abovementioned limits, off-balance sheet exposures be converted into credit risk by applying the conversion factors explained hereinabove.

(2) The investments in debentures for the above purpose be treated as credit and not investment.

(3) The above ceilings on credit/investments shall be applicable to the own group of the NBFC as well as to the other group of borrowers/investee companies.

Submission of half yearly return

13. NBFCs including RNBCs referred to in para 1(3)(i)(a) and (b) shall submit a half-yearly return within three months of the expiry of the relative half-year as on September and March every year, commencing from the half year ending March 31, 1998, in the format annexed hereto to the Regional Office of the Department of Non-Banking Supervision of the Reserve Bank of India under whose jurisdiction the registered office of the company is located as per Second Schedule to the Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 and Schedule B to Residuary Non-Banking Companies (Reserve Bank) Directions, 1987.

Exemptions

14. The Reserve Bank of India may, if it considers it necessary for avoiding any hardship or for any other just and sufficient reason, grant extension of time to comply with or exempt any NBFC or class of NBFCs, from all or any of the provisions of these directions either generally or for any specified period, subject to such conditions as the Reserve Bank of India may impose.

Interpretations

15. For the purpose of giving effect to the provisions of these directions, the Reserve Bank of India may if it considers necessary, issue necessary clarifications in respect of any matter covered herein and the interpretation of any provision of these directions given by the Reserve Bank of India shall be final and binding on all the parties concerned.

Sd/-

(S.P. Talwar)
Deputy Governor

Annexure

(Please see paragraph 13 of the Non-Banking Financial
Companies Prudential Norms (Reserve Bank) Directions, 1998)

REPORTING FORMAT

Half yearly Statement of capital funds, risk
assets/exposures and risk asset ratio etc.,
as at the end of March/September_________________

(Amounts in Rupees - 000 omitted)

Name and address of the

Non-Banking Financial Company --------------------------------------------------------

Company code number (As given by RBI) --------------------------------------------

Registration number (As given by RBI) ------------------------------------------------

Classification of the company (as given by RBI) ------------------------------------

 

PART - A


Item Name

Item Code

Amount

(1)

(2)

(3)


   

Capital Funds - Tier - I

  
   

(i) Paid-up Equity Capital and

111

 
   

(ii) Preference shares to be compulsorily

  

convertible into equity

112

 
   

(iii) Free reserves

  
   

(a) General Reserves

113

 

(b) Share Premium

114

 

(c) capital Reserves (representing surplus

  

on sale of assets held

115

 

in separate account)

  

(d) Debenture Redemption Reserve

116

 
   

(e) Capital Redemption Reserve

117

 
   

(f) Credit Balance in P & L Account

118

 
   

(g) Other free reserves

119

 

(to be specified)

  
   

Total ...(111 to 118)

110

 
   

(iv) Accumulated balance of loss

121

 
   

(v) Deferred Revenue Expenditure

122

 
    

(vi) Other Intangible Assets

 

123

    
 

Total ...(121 to 123):

 

120

    

(vii) Owned Funds : (110 - 120) :

130

 
    
    

(viii) Investment in shares of :

  
    
 

(a) Subsidiaries

141

 
    
 

(b) Companies in the same Group :

 

142

    
 

(c) Other non-banking financial

 

143

 

companies :

  
    

(ix)

The book value of debentures,

  
 

bonds, outstanding loans and advances,

  
 

bills purchased and discounted (including

  
 

hire-purchase and lease finance)

  
 

made to, and deposits with

  
    
 

(a) Subsidiaries

 

144

    
 

(b) Companies in the same Group :

 

145

    

(x)

Total (141 to 145) :

 

140

    
    

(xi) Amount of Item 140 in excess

  
 

of 10% of Item 130 above

 

150

    

(xii) Tier I Capital -

  
    
 

Net owned fund (130 -150)

 

151



PART - B


Item Name

Item Code

Amount

 

(1)

(2)

(3)


Capital Funds - Tier II

  
 

(Para 2(1)(xx)(b) of directions)

  
    

(i)

Preference Share Capital other than those

161

 
 

compulsorily convertible into equity

  
    

(ii)

Revaluation reserves

162

 
    

(iii)

General provisions and loss reserves

163

 
    

(iv)

Hybrid debt capital instruments

164

 
    

(v)

Subordinated debt

165

 
    

(vi)

Aggregate Tier II Capital

  
 

(Items 161 to 165)

160

 
    

 

Total Capital Funds (151 + 160)

170

 


PART - C

    

Risk Assets and Off-Balance Sheet items

  
    

(i)

Adjusted value of funded risk

  
 

assets i.e. on-balance sheet

  
 

items (To tally with Part D)

181

 
    

(ii)

Adjusted value of non-funded

  
 

and off-balance sheet items

  
 

(To tally with Part E)

182

 
    

(iii)

Total risk weighted assets/

  
 

exposures (181 + 182)

180

 
    

(iv)

Percentage of capital funds to

  
 

risk weighted assets/exposures

  
    
 

(a) Tier I capital (Percentage

  
 

of Item 151 to Item 180)

191

 
    
 

(b) Tier II capital (Percentage

  
 

of Item 160 to Item 180)

192

 
    
 

(c) Total (Percentage of

  
 

Item 170 to Item 180)

193

 

PART - D

Weighted assets i.e. on - balance Sheet items

   

 

Item

 

Item

Book

Risk

Adjusted

 

name

 

code

value

weight

value


 

(1)

 

(2)

(3)

(4)

(5)


I. Cash and bank balances

     

including fixed deposits &

     

certificates of deposits

210

 

0

0

       
       

II. Investments [see Para 6

     

of the Directions]

     
       

(a) Approved

     
 

securities as defined

     
 

in Reserve Bank of

     
 

India Act, 1934

221

 

0

0

 
       

(b) Bonds of public

     
 

sector banks and

     
 

FDs/CDs/bonds of

     
 

public financial institutions

     
       

(i)

Amounts deducted in

     
 

part `A’ item (x)

     
 

(Item code 150)

 

222

 

0

0

       

(ii)

Amounts not deducted

     
 

in part `A’ item (x)

     
 

(Item code 150)

 

223

 

20

 
       
       

(c)

Units of

     
 

Unit Trust of India

224

 

20

 
       

(d) Shares of all companies and

     

debentures/bonds/commercial

    

papers of companies other than

    

in (b) above/units of mutual

     

funds other than in (c) above

     
       

(i) Amounts deducted in Part `A'

    

Item (xi) (Item code 150)

 

225

 

0

0

       

(ii) Amounts not deducted

     
 

in Part A

226

 

100

  
       

III. Current Assets

      
       

(a) Stock on hire

      

(Please see Note 2 below)

      
       

(i) Amounts deducted in

      

Part A [Item (xi)]

      

(Item code 150)

231

 

0

 

0

 
       

(ii) Amounts not deducted in part A

232

 

100

  
       
       

(b) Intercorporate loans/ deposits

      
       

(i) Amounts deducted in

      

Part `A' [Item (xi) item code 150]

233

 

0

 

0

       

(ii) Amounts not deducted in Part A

234

 

100

  
       
       

(c) Loans and advances fully

      

secured by company's own

      

deposits

 

235

 

0

 

0

       
       

(d) Loans to staff

 

236

 

0

 

0

       
       

(e) Other secured loans and

      

advances considered good

      
       

(i) Amounts deducted in

      

Part A [Item (xi) item code 150)]

241

 

0

 

0

       
       

(ii) Amounts not deducted in Part A

242

 

100

  
       

(f) Bills purchased/discounted

      
       

(i) Amounts deducted in

      

Part A [Item (xi) item code 150)]

243

 

0

 

0

(ii) Amounts not deducted

      

in Part A

 

244

 

100

  
       

(g) Others (to be specified)

 

245

 

100

  
       

IV. Fixed Asset

      

(net of depreciation)

      

(a) Assets leased out

      
       

(i) Amounts deducted in

      

Part A [Item (xi) item code 150)]

251

  

0

0

       

(ii) Amounts not deducted

      

in Part A

 

252

 

100

 
       

(b) Premises

 

253

 

100

 
       
       

(c) Furniture & Fixtures

254

  

100

  
       

V. Other assets

      

(a) Income-tax deducted

      

at source

      

(net of provisions)

 

255

  

0

0

       

(b) Advance tax paid

      

(net of provision)

 

256

 

0

 

0

       

(c) Interest due on

      

Government securities

 

257

 

0

 

0

       

(d) Others

      

(to be specified)

 

258

 

100

  
       

Total weighted assets

      

(Items 210 to 258)

 

200

    

Notes

1. Netting may be done in respect of assets where provisions for depreciation or for bad and doubtful debts have been made.

2. Stock on hire should be shown net of finance charges i.e. interest and other charges recoverable.

3. Assets which have been deducted (item code 150) from owned fund to arrive at net owned fund will have a weightage of `0'.

PART - E

        
 

Weighted non-funded exposures/off-balance sheet items


Item

Item

Book

Conve-

Equiva-

Risk

Adjusted

 

Code

value

rsion

lent

weight

value

 
  

factor

 

value

   

(1)

(2)

(3)

(4)

 

(5)

(6)

(7)


1. Financial & Other

       

guarantees

310

 

100

  

100

 
        

2. Share/debenture

       

underwriting

       

obligations

320

 

50

  

100

 
        

3. Partly paid shares/

       

debentures

330

 

100

  

100

 
        

4. Bills discounted/

       

rediscounted

340

 

100

  

100

 
        

5. Lease contracts

       

entered into but

       

yet to be

       

executed.

350

 

100

  

100

 
        

6. Other contingent

       

liabilities

       

(To be specified)

360

 

50

  

100

 
        

Total non-funded

       

exposures

       

(Items 310 to 360)

300

 

--

  

--

 

Note: Cash margin/deposits shall be deducted before applying the conversion factor.


PART - F

 

Asset Classification

 

I. Aggregate of credit exposures categorised into:


 

Item name

 

Item code

Amount

 

(i) Standard assets

 

411

    
        

(ii) Sub-standard assets

:

     
        

(a) Lease and hire purchase assets

412

    
        

(b) Other credit facilities

 

413

    
        

(iii) Doubtful assets

 

414

    
        

(iv) Loss assets

 

415

    
        
 

Total

 

410

    
        
        

II. Aggregate provisioning in respect of I above as per the Directions prescribed

 
 
 
 
 
 
 
 
 

Item name

 

Item code

Provision

Actual

 
     

required

provision

       

made

 
 
 
 
 
 
 
 
 

(1)

 

(2)

 

(3)

(4)

 
 
 
 
 
 
 
 
 
        

(A)

Loans, advances and other

     
 

credit facilities

      
        

(i) Sub-standard assets :

     
        

(a)

entire amount taken to the

 

421

   
 

credit of profit and loss account

     
 

before the asset became NPA

     
 

and remaining unrealised

     
 

[Para 3(2) of the directions]

     
        

(b)

10% of the balance of

     
 

outstanding dues

 

422

   
        

(ii) Doubtful assets :

      
        

(a) entire amount taken to the

423

    
 

credit of profit and loss account

     
 

before the asset became NPA

     
 

and remaining unrealised

     
 

[Para 3(2) of the directions]

     
      

(b) 100% to the extent not covered by

    
 

realisable value of security + 20 to 50%

   
 

of the secured portion for the period

    
 

the asset has remained doubtful

424

   
      

(iii) Loss assets :

    
      

(a) entire amount taken to the

425

   
 

credit of profit and loss account

    
 

before the asset became NPA

    
 

and remaining unrealised

    
 

[Para 3(2) of the directions]

    
      

(b) 100 % of the outstanding balance

426

   
      

(B)

Hire purchase and Leased assets

    
      

(i)

Sub-standard assets :

    
 

[Para 8(2) of the directions]

    
      
 

Hire Purchase assets

    
      
 

(a) entire amount taken to the

427

   
 

credit of profit and loss account

    
 

before the asset became NPA

    
 

and remaining unrealised

    
 

[Para 3(3) of the directions]

    
      
 

(b) deficit between total dues and

428

   
 

depreciated value or the net

    
 

realisable value of the underlying

   
 

asset, whichever is lower

    
 

[Para 8(2)(i) of the directions]

    
      
 

(c) 10% of net book value

429

   
 

[Para 8(2)(ii) of the directions]

    
      

Leased Assets

    
      
 

(a) net lease rentals

    
 

credited to profit and loss account

    
 

before the asset became NPA and

    
 

remaining unrealised

430

   
 

[Para 3(4) of the directions]

    
      
 

(b) 10% of the net book value

431

 
 

[Para 8(2)(ii) of the directions]

  
    

(ii)

Doubtful assets

  
    
 

Hire Purchase assets

  
    
 

(a) entire amount taken to the

 

432

 

credit of profit and loss account

  
 

before the asset became NPA

  
 

and remaining unrealised

  
 

[Para 3(3) of the directions]

  
    
 

(b) deficit between total dues and

 

433

 

depreciated value or the net

  
 

realisable value of the underlying

  
 

asset, whichever is lower

  
 

[Para 8(2)(i) of the directions]

  
    
 

(c) 50% of net book value

 

434

 

[Para 8(2)(ii) of the directions]

  
    
 

Leased Assets

  
    
 

(a) net lease rentals

  
 

credited to profit and loss account

  
 

before the asset became NPA and

  
 

remaining unrealised

 

435

 

[Para 3(4) of the directions]

  
    
 

(b) 50% of the net book value

 

436

 

[Para 8(2)(ii) of the directions]

  
    

(iii) Loss assets

  
    
 

Hire Purchase assets

  
    
 

(a) entire amount taken to the

 

437

 

credit of profit and loss account

  
 

before the asset became NPA

  
 

and remaining unrealised

  
 

[Para 3(3) of the directions]

  
      
 

(b) deficit between total dues and

438

   
 

depreciated value or the net

    
 

realisable value of the underlying

   
 

asset whichever is lower

    
 

[Para 8(2)(i) of the directions]

    
      
 

(c) 100% of net book value

439

   
 

[Para 8(2)(ii) of the directions]

    
      
 

Leased Assets

    
      
 

(a) net lease rentals

    
 

credited to profit and loss account

    
 

before the asset became NPA and

    
 

remaining unrealised

440

   
 

[Para 3(4) of the directions]

    
      
      
 

(b) 100% of the net book value

441

   
 

[Para 8(2)(ii) of the directions]

    
      
      
 

Total

420

   
     

';

      

III.

Other provisions in respect of :

    
      

(i) Depreciation in fixed assets

451

   
      

(ii) Depreciation in investments

452

   
      

(iii) Loss/intangible assets

453

   
      

(iv) Provision for taxation

454

   
      

(v) Gratuity/provident fund

455

   
      

(vi) Others (to be specified)

456

   
      
 

Total

450

   

 

PART-G
Particulars regarding investments in and advances to
companies/firms in the same group and other NBFCs

 

Item name

Item

Amount

  

code

 
 

(1)

(2)

(3)

 
    

i)

Book value of bonds and

  
 

debentures and outstanding loans and

  
 

advances to and deposits with subsidiaries

  
 

and companies in the same group

  
 

(Details to be enclosed in Appendix

 

510

 

No. ).

  
    

ii)

Investments in shares of subsidiaries

  
 

and companies in the same group and

  
 

all non-banking financial companies

  
 

(Details to be enclosed in Appendix

520

 

No. ).

  
    

iii)

Investments by way of shares, debentures,

  
 

loans and advances, leasing, hire

  
 

purchase finance, deposits etc. in other

  
 

companies, firms and proprietary concerns

  
 

where directors of the company hold

  
 

substantial interest

 

530

 

(Details to be enclosed in Appendix

  
 

No. ).

  
    

PART - H
Particulars regarding concentration of advances
including off balance sheet exposure and investments
to parties including those in Part G above


Item name

Item

Amount

 

Code

 

(1)

(2)

(3)

 
   

i) Loans and advances including off-balance

 

sheet exposures to any single party in

  

excess of 15 per cent of owned fund of

  

the NBFC.

  

(Details to be enclosed in Appendix No. )

610

   

ii) Loans and advances including off-balance

  

sheet exposures to a single group of

  

parties in excess of 25 per cent of owned

  

fund of the NBFC.

  

(Details to be enclosed in Appendix No.)

 

620

   

iii) Investments in a single company in

  

excess of 15 per cent of the owned fund

  

of the NBFC.

  

(Details to be enclosed in Appendix No.)

 

630

   

iv) Investments in the shares issued by a

  

single group of companies in

  

excess of 25 per cent of the owned

  

fund of the NBFC

640

   

v) Loans, advances to (including debentures/

  

bonds and off-balance sheet exposures) and

 

investment in the shares of single party in excess

of 25 per cent of the owned fund of the NBFC

650

   

vi) Loans, advances to (including debentures/

  

bonds and off-balance sheet exposures)

  

and investment in the shares of single group

 

of parties in excess of 40 per cent

  

of the owned fund of the NBFC

 

660

   

Notes :

(1) All these exposure limits are applicable to the NBFC’s own group as well as to the borrower/investee company’s group.

(2) Investment in debentures for this purpose shall be treated as credit and not investment.

Part - I


     

Particulars regarding Investments in premises and unquoted shares

 


Item name

Item

Amount

   

code

 

 


';(i)

Investments in Premises,

  
  

(Land and buildings)

  
 

except for own use, (out of item

  
 

code 253 in the return) held by

  
 

the company in excess of 10

  
 

percent of the owned fund

  
     
 

(a)

Acquired by the company

710

 
  

independently

  
    
 

(b) Acquired in satisfaction of its

720

 
 

debts.

  
    
    

(ii)

Investments in unquoted shares

  
 

except those held in the

  
 

subsidiaries and companies in the

  
 

same group (vide item code

141

 
 

and 142) in excess of

  
    
 

(a) 10 percent of the owned fund

730

 
 

in case of equipment leasing

  
 

and hire purchase finance

  
 

companies

  
    
 

(b) 20 percent of the owned fund

740

 
 

in case of loan and investment

  
 

companies';

  
    

CERTIFICATE

Certified that

(1) the data/information furnished in this statement are in accordance with the directions issued by the Reserve Bank of India relating to income recognition, accounting standards, asset classification, provisioning for bad and doubtful debts, capital adequacy and concentration of credit and investments. The statement has been compiled from the books of account and other records of the company and to the best of my knowledge and belief they are correct;

(2) Reserve Bank’s classification of the company as a ........................on the basis of its principal business as evidenced from its asset and income pattern continues/does not continue to hold good (delete whatever is not applicable);

(3) The company has accepted public deposit and the quantum of such deposit is within the limits applicable to the company;

(4) the company has not paid interest/brokerage on deposit beyond the ceiling prescribed under the directions;

(5) the company has not defaulted in repayment of matured deposit;

(6) the credit rating for fixed deposits assigned by the Credit Rating Agency viz.----------------------------------------------(Name of the Agency) at ------------------(rating level) is valid;

(7) the capital adequacy as disclosed in part C of the return after taking into account the particulars contained in part D, E and F has been correctly worked out;

(8) classification of assets as disclosed in part F of the return has been verified and found to be correct. No rollover/rephasement of loans, lease and hire purchase transactions and bills discounted beyond due dates has been observed. The sub-standard or doubtful or loss asset, if up-graded, has been done so, in conformity with the Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions 1998;

(9) investments in group companies as disclosed in part G of the return and exposures to individuals/firms/other companies exceeding the credit/investment concentration norms as disclosed in part H of the half-yearly return and classification of such assets is correct;

(10) net owned fund as per tier-I capital of the company has been correctly worked out.

Place

:

For and on behalf of

  

(Name of the company )

Date

:

 
  

Managing Director/Chief Executive Officer

Auditor's Report

We have examined the books of accounts and other records maintained by.................................... Limited in respect of the capital funds, risk assets/exposures and risk asset ratio etc. as on ..........19... and statements hereinabove made by the Managing Director/Chief Executive Officer of the company or his authorised representative. We report that to the best of our knowledge and according to the information and explanations given to us and as shown by the record examined by us the figures shown in Parts A, B, C, D, E, F, G and H of the statement hereinabove are correct.

Place :

Date :

Statutory Auditors